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TOWN OF CARDSTON
LAND USE BYLAW NO. 1647
February 2016
(Consolidated to Bylaw No. 1647V, July 2026)
Prepared by
Town of Cardston Land Use Bylaw No. 1647 Amendments - Page 1
Town of Cardston Land Use Bylaw No. 1647 - Amendments
Bylaw
Amendment Description
Legal Description
Passed
1647A
Add "Residential Accommodation in Conjunction with
an Approved Commercial or Industrial Use" to Schedule
5 and as a discretionary use in the "Drive-in/Highway
Commercial - C2", "General Industrial - I1", and "Light
Industrial - I2" land use districts
31-Aug-2016
1647B
Add "Drive-in/Drive-through Restaurant" as a permitted
use in the "Central Commercial - C1" land use district
1-Feb-2017
1647C
Various text amendments to define "Cannabis Retail
Sales" and "Cannabis Production Facility" and establish
development standards for the same; rename "Medical
Marihuana Production Facility as "Cannabis Production
Facility" land use provisions; restrict the development
of a "Cannabis Retail Sales" use to the Direct Control
(DC) district and list "Cannabis Production Facility as a
discretionary use in the General Industry (I1) district
12-Sep-2018
1647D
Various text amendments to align with changes to the
Municipal Government Act regarding the completeness
of development permits and subdivision applications;
clarify timelines for the notice of issuance of
development permits; clarify the role of approval
authorities; clarify that a maximum lot size
requirement, where applicable, does not apply to lots
planned for in a statutory plan; amend setbacks from
the eaves of one building to another based on the size
of each residential land use district; make a few other
minor edits for sake of interpretation of the bylaw
related land uses
8-Oct-2019
1647E
"Medium Density Residential - R4" to "Residential -
R1"
Lots 1 & 2, Block 5, Plan 0814633
8-Oct-2019
1647F
"Central Commercial - C1" to "Residential - R1"
Portion of Lot 3, Block 34, Plan 1793E
28-Jan-2020
1647H
"Public & Institutional - P" to "Residential - R1"
Ptn Lot 2, Block 13, Plan 1793E
8-June-2021
1647I
"Public & Institutional - P" to "Medium Density
Residential - R4"
Lot 7, Block 31, Plan 121 0160
26-April-2022
1647K
Addition to Schedule 5 Use Specific Standards to
included Uses Involving Liquor Service.
Amend Schedule 13 Definitions the existing definition
for "Restaurant" and addition of "Restaurant,
Licensed".
Amend Schedule 13 Definitions to add "Recreation Use,
Licensed".
Deletion of "Eating Establishment" from Schedule 13
Definitions and from all land use districts.
Addition of "Restaurant, Licensed" as discretionary use
in C1 (Central Commercial), C2 (Drive-in/Highway
Commercial) and I2 (Light Industrial) land use districts.
Addition of "Recreational Use, Licensed" as
discretionary use in RO (Recreation and pen Space) land
use district.
12-Sept-2023
1647L
"Recreation & Open space - RO" to "General Industrial
- I1"
Plan 7610548
That portion of Sixth Street which lies to the
North of Second Avenue and to the South of
First Avenue all on said Plan
12-July-2023
Town of Cardston Land Use Bylaw No. 1647 Amendments - Page 2
Town of Cardston Land Use Bylaw No. 1647 - Amendments
Bylaw
Amendment Description
Legal Description
Passed
1647M
"Residential - R-1" to "Residential Comprehensively
Planned Medium Density - RC-M"
Portion of SE ¼ 8-3-25-W4M containg +/- 2.71
ha (6.7 acres)
12-Sept-2023
1647N
Amend the Discretionary Uses in the Residential - R1 ,
Manufactured Home Community Residential - R2C,
Manufactured Home Subdivision Residential - R2S,
Large Lot Residential - R3, Medium Density Residential
- R4, Estate Residential - R5, Central Commercial - C1,
Drive-in/Highway - C2, General Industrial - I1, and
Agricultural - A Land Use Districts
Amend front yard setback requirement for the
Residential Comprehensively Planned Medium Density
RC-M Land Use District.
Amend provisions for over height fence development
permits.
Amendment to allow the Development Officer to
accept minor changes to an approved development
permit.
Amend size of accessory building requires a
development permit.
Addition of regulations for short-term rentals.
Amend time allowance for temporary use development
permits.
Clarify signage requirements for home occupations.
Clarify the intent for small scale solar collections.
Various text and typographical changes.
27-Feb-2024
1647P
"Residential - R1" to "Central Commercial - C1"
Portion of Lot 7, Block 12, Plan 22147G,
within SE ¼ 9-3-25-W4M
24-Apr-2024
1647Q
Incorporation of updated flood mapping under the
Flood Hazard Identification Program
Corresponding updates to the Flood Damage Reduction
Overlay District (FDR)
Establishment of associated definitions
Addition of new development permit requirements for
Lots 1-32, Block 1, Plan 161 008
Permanent Shipping Containers in Recreation & Open
Space (RO) Land Use District
8-Jul-2025
1647R
Addition of Detached Accessory Housing in the R1
District.
Amend standards for accessory housing in all applicable
land use districts, including the R1, R3, and R5.
Amend the setback and other requirements for the
Creekworks subdivision in the R3 district.
Addition of Garden Suite an Garage Suit as
Discretionary Uses -MPC in the R1 district, along with
design requirements and development standards.
Stipulating in the land use definitions for detached
accessory housing that acceptable forms include site-
built dwellings and new prefabricated dwellings, but
not previously occupied moved-in dwellings.
Amending the setback requirements for lots within Plan
161 0008.
14-Oct-2025
1647S
Residential - R1 to Public & Institutional - P
Residential - R1 to General Industrial - I1
Lot 15, Block 38, Plan 1112938
10-Feb-2026
1647T
Amending "Shipping Container (permanent)" from a
Permitted Use to a Discretionary Use - DO in the C1, C2,
and C3 districts and additional development standards.
12-May-2026
Town of Cardston Land Use Bylaw No. 1647 Amendments - Page 3
1647U
Amend to differentiate between types of Solar
Collectors, being those attached to a roof or wall, and
those detached from a building.
Addition of Sollar Collector, Attached as a Permitted
Use and Sollar Collector, Free-Standing as a
Discretionary Use - MPC in all land use districts.
Amend definition for Solar Collector.
14-July-2026
1647V
Drive-In/Highway Commercial - C2 to Manufactured
Home Community Residential - R2C
Amend of "Dwelling, Single-detached Site Built or
Prefabricated" in Schedule 2, Manufactured Home
Community Residential - R2C Discretionary (MPC) Use
Table.
North Half of Lot 4 and portion of Lot 5, Block
3, Plan 2247G
14-July-2026
Table of Contents
Page
ADMINISTRATION ................................................................................................................................... ADM | 1
ENACTMENT
1.
Title ............................................................................................................................................... ADM | 1
2.
Purpose ......................................................................................................................................... ADM | 1
3.
Date of Commencement .............................................................................................................. ADM | 1
4.
Repeal of Former Land Use Bylaw ................................................................................................ ADM | 1
5.
Severability .................................................................................................................................... ADM | 1
6.
Amendment of Bylaw ................................................................................................................... ADM | 1
7.
Compliance with the Land Use Bylaw ........................................................................................... ADM | 1
8.
Compliance with Other Legislation ............................................................................................... ADM | 2
9.
Compliance with Statutory Plans .................................................................................................. ADM | 2
10. Provincial Acts and Regulations .................................................................................................... ADM | 2
11. Appendices ................................................................................................................................... ADM | 2
12. Forms, Notices and Fees ............................................................................................................... ADM | 2
APPROVING AUTHORITIES
13. Development Authority ................................................................................................................ ADM | 2
14. Subdivision Authority ................................................................................................................... ADM | 3
15. Development Officer - Powers and Duties .................................................................................. ADM | 3
16. Municipal Planning Commission - Powers and Duties ................................................................. ADM | 4
17. Council - Direct Control Districts .................................................................................................. ADM | 5
18. Subdivision and Development Appeal Board (SDAB) ................................................................... ADM | 5
GENERAL STANDARDS AND REQUIREMENTS
19. Rules of Interpretation ................................................................................................................. ADM | 5
20. Metric Measurements and Standards .......................................................................................... ADM | 5
21. Number of Dwelling Units on a Parcel .......................................................................................... ADM | 5
22. Suitability of Sites ......................................................................................................................... ADM | 5
23. Maximum Lot Sizes ....................................................................................................................... ADM | 6
24. Development in Municipality Generally ....................................................................................... ADM | 6
25. Development Not Requiring a Development Permit .................................................................... ADM | 7
26. Application Fees ........................................................................................................................... ADM | 7
DEVELOPMENT PERMIT APPLICATIONS
27. Development Permits ................................................................................................................... ADM | 7
28. Additional Information Requirements in Support of Development Permit Applications ............. ADM | 8
29. Determination of Complete Development Permit Applications .................................................. ADM | 8
30. Permitted Use Applications .......................................................................................................... ADM | 9
31. Notice of Issuance ...................................................................................................................... ADM | 10
32. Discretionary Use Development Applications ............................................................................ ADM | 10
33. Similar and Prohibited Uses ........................................................................................................ ADM | 11
34. Failure to Make a Decision - Deemed Refusal ........................................................................... ADM | 11
APPLICATIONS REQUIRING WAIVERS
35. Permitted Use Applications Requiring Minor Waivers (Variance) .............................................. ADM | 11
36. Applications Requesting Waivers (Variance) of Bylaw Provisions .............................................. ADM | 12
37. Non-Conforming Buildings and Uses .......................................................................................... ADM | 12
38. Development on Non-Conforming Sized Lots ............................................................................ ADM | 13
39. Non-Conforming Variances ........................................................................................................ ADM | 13
PROCESSING OF APPLICATIONS FOR DISCRETIONARY USES AND WAIVERS
40. Notice of Receipt of an Application ............................................................................................ ADM | 13
41. Discretionary Uses That Require Notice Posting ........................................................................ ADM | 14
42. Notice of Decision and Issuance of a Development Permit ....................................................... ADM | 14
43. Temporary Development Permit ................................................................................................ ADM | 14
DEVELOPMENT PERMIT VALIDITY AND TRANSFERABILITY
44. Reapplication for a Development Permit and Minor Changes .................................................... ADM | 14
45. Commencement of Development .............................................................................................. ADM | 15
46. Validity of Development Permit ................................................................................................. ADM | 15
47. Transfer of Development Permit ................................................................................................ ADM | 15
48. Discontinuation of Use ............................................................................................................... ADM | 15
ADDITIONAL CONDITIONS
49. Additional Conditions ................................................................................................................. ADM | 16
50. Conditions to Provide Security ................................................................................................... ADM | 16
51. Development Agreements .......................................................................................................... ADM | 16
52. Off-Site Levies and Development Fees ....................................................................................... ADM | 17
53. Architectural Controls ................................................................................................................. ADM | 17
ENFORCEMENT
54. Suspension or Cancellation of a Development Permit ............................................................... ADM | 17
55. Notice of Violation ...................................................................................................................... ADM | 17
56. Stop Order .................................................................................................................................. ADM | 18
57. Enforcement of Stop Orders ....................................................................................................... ADM | 18
58. Order to Remedy Contraventions .............................................................................................. ADM | 18
59. Penalties and Right of Entry ....................................................................................................... ADM | 18
APPEALS
60. Development Appeals ................................................................................................................ ADM | 19
61. Subdivision Appeals .................................................................................................................... ADM | 19
AMENDMENT TO THE LAND USE BYLAW
62. Land Use Bylaw Amendment Procedure .................................................................................... ADM | 19
63. Land Use Redesignation Application Requirements ................................................................... ADM | 20
SUBDIVISION AUTHORITY
64. Subdivision Authority - Powers and Duties ................................................................................ ADM | 21
65. Subdivision Application .............................................................................................................. ADM | 21
66. Determination of Complete Subdivision Application ................................................................. ADM | 22
LAND USE DISTRICTS
67. Land Use Districts ....................................................................................................................... ADM | 22
SCHEDULE 1: LAND USE DISTRICTS MAP
SCHEDULE 2: LAND USE DISTRICTS ......................................................................................................... SCH 2 | 1
Residential - R1 ............................................................................................................................. SCH 2 (R1) | 1
Manufactured Home Community Residential - R2C .................................................................. SCH 2 (R2C) | 1
Manufactured Home Subdivision Residential - R2S ................................................................... SCH 2 (R2S) | 1
Large Lot Residential - R3 ............................................................................................................. SCH 2 (R3) | 1
Medium Density Residential - R4 ................................................................................................. SCH 2 (R4) | 1
Estate Residential - R5 .................................................................................................................. SCH 2 (R5) | 1
Residential Comprehensively Planned Small Lot - RC-SL ......................................................... SCH 2 (RC-SL) | 1
Residential Comprehensively Planned Medium Density - RC-M ............................................. SCH 2 (RC-M) | 1
Central Commercial - C1 ............................................................................................................... SCH 2 (C1) | 1
Drive-In/Highway Commercial - C2 .............................................................................................. SCH 2 (C2) | 1
Controlled Commercial - C3 ......................................................................................................... SCH 2 (C3) | 1
General Industrial - I1 .................................................................................................................... SCH 2 (I1) | 1
Light Industrial - I2 ......................................................................................................................... SCH 2 (I2) | 1
Public & Institutional - P ................................................................................................................. SCH 2 (P) | 1
Recreation & Open Space - RO .................................................................................................... SCH 2 (RO) | 1
Agricultural - A ................................................................................................................................ SCH 2 (A) | 1
Flood Damage Reduction Overlay - FDR .................................................................................... SCH 2 (FDR) | 1
Gateways & Corridors Overlay - G & C ...................................................................................... SCH 2 (G&C) | 1
Direct Control - DC ....................................................................................................................... SCH 2 (DC) | 1
SCHEDULE 3: DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ............................................. SCH 3 | 1
SCHEDULE 4: STANDARDS OF DEVELOPMENT ....................................................................................... SCH 4 | 1
1.
Statutory Plans ............................................................................................................................ SCH 4 | 1
2.
Quality of Development ............................................................................................................... SCH 4 | 1
3.
Design and Orientation of Buildings, Structures and Signs ......................................................... SCH 4 | 1
4.
Access and Lanes (See Schedule 10 for Driveway & Parking Standards) ..................................... SCH 4 | 1
5.
Reduced Lot Area and Dimension ............................................................................................... SCH 4 | 2
6.
Corner Lot Cut-off Yard Dimensions ............................................................................................ SCH 4 | 2
7.
Clear Vision Triangle For Corner Lots (All Uses) .......................................................................... SCH 4 | 3
8.
Residential Principal Building/Use Yard Setbacks ........................................................................ SCH 4 | 3
9.
Infill Development ....................................................................................................................... SCH 4 | 3
10. Retaining Walls, Grading & Stormwater Management ............................................................... SCH 4 | 4
11. Refuse Collection and Storage ..................................................................................................... SCH 4 | 4
12. Landscaping Standards and Screening ........................................................................................ SCH 4 | 4
13. Lighting ........................................................................................................................................ SCH 4 | 4
14. Permitted Projections into Setbacks ........................................................................................... SCH 4 | 5
15. Exterior Building Finishes ............................................................................................................ SCH 4 | 6
16. Construction/Demolition Damage Deposit ................................................................................. SCH 4 | 6
17. Servicing Requirement ................................................................................................................ SCH 4 | 6
18. Watercourses and Riparian Areas ............................................................................................... SCH 4 | 6
19. Development of Lands Subject to Subsidence or Flooding ......................................................... SCH 4 | 6
SCHEDULE 5: USE SPECIFIC STANDARDS ................................................................................................ SCH 5 | 1
1.
Child Care Facilities ...................................................................................................................... SCH 5 | 1
2.
Short-Term Rentals ...................................................................................................................... SCH 5 | 1
3.
Air Conditioners - Freestanding .................................................................................................. SCH 5 | 3
4.
Fences and Hedges ...................................................................................................................... SCH 5 | 3
5.
Decks, Amenity Spaces and Privacy Walls ................................................................................... SCH 5 | 4
6.
Balconies, Verandas and Porches ................................................................................................ SCH 5 | 4
7.
Gas Bars, Service Stations and Bulk Fuel Storage and Sales ........................................................ SCH 5 | 5
8.
Cannabis Production Facility ........................................................................................................ SCH 5 | 6
9.
Secondary Suites .......................................................................................................................... SCH 5 | 7
10. Multi-Unit Dwelling Design Requirements .................................................................................. SCH 5 | 7
11. Shipping Containers ..................................................................................................................... SCH 5 | 8
12. Solar Collectors ............................................................................................................................ SCH 5 | 9
13. Small Wind Energy Systems ....................................................................................................... SCH 5 | 10
14. Alternative/Renewable Energy, Individual Accessory Sources .................................................. SCH 5 | 12
15. Commercial/Industrial Alternative/Renewable Energy Developments .................................... SCH 5 | 12
16. Temporary Outdoor Swimming Pools and Hot Tubs ................................................................. SCH 5 | 12
17. Kennels (Animal Boarding) ........................................................................................................ SCH 5 | 12
18. Satellite Dishes and Telecommunication Antennas .................................................................. SCH 5 | 13
19. Telecommunication Antenna Siting Protocols .......................................................................... SCH 5 | 13
20. Warehousing Standards for Outdoor Storage ........................................................................... SCH 5 | 14
21. Drive-In/Drive-Through Restaurants ......................................................................................... SCH 5 | 14
22. Residential Accommodation in Conjunction with an Approved Commercial or Industrial Use SCH 5 | 15
23. Cannabis Retail Sales ................................................................................................................. SCH 5 | 15
24. Uses Involving Liquor Service ........................................................................................................ SCH 5 | 16
SCHEDULE 6: MOVED-IN DWELLING AND MOVED-IN BUILDING REGULATIONS .................................... SCH 6 | 1
SCHEDULE 7: PREFABRICATED DWELLING REGULATIONS ...................................................................... SCH 7 | 1
SCHEDULE 8: HOME OCCUPATIONS ...................................................................................................... SCH 8 | 1
SCHEDULE 9: LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES ....................................... SCH 9 | 1
1.
Purpose and Intent ...................................................................................................................... SCH 9 | 1
2.
Applicability ................................................................................................................................. SCH 9 | 1
3.
General Standards and Requirements for All Districts ................................................................ SCH 9 | 1
4.
Minimum Standards and Requirements for Commercial/Industrial ........................................... SCH 9 | 2
5.
Minimum Standards and Requirements for Residential ............................................................. SCH 9 | 3
6.
Minimum Standards and Requirements for All Other Districts ................................................... SCH 9 | 3
7.
Landscaping Security and Implementation ................................................................................. SCH 9 | 3
SCHEDULE 10: OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS .................................. SCH 10 | 1
1.
Applicability ............................................................................................................................... SCH 10 | 1
2.
Minimum Required Off-Street Parking ...................................................................................... SCH 10 | 1
3.
Barrier-Free Parking ................................................................................................................... SCH 10 | 3
4.
Loading Space Requirements .................................................................................................... SCH 10 | 4
5.
Stacking Spaces for Drive-Through Uses ................................................................................... SCH 10 | 4
6.
Off-Street Parking Design Standards ......................................................................................... SCH 10 | 5
7.
Access and Lanes ....................................................................................................................... SCH 10 | 5
8.
Bicycle Parking ........................................................................................................................... SCH 10 | 5
9.
General Driveway Standards ..................................................................................................... SCH 10 | 5
SCHEDULE 11: COMMERCIAL / INDUSTRIAL ALTERNATIVE RENEWABLE ENERGY DEVELOPMENTS ..... SCH 11 | 1
SCHEDULE 12: SIGN REGULATIONS ...................................................................................................... SCH 12 | 1
1.
PERMITS REQUIRED ................................................................................................................... SCH 12 | 2
2.
DEFINITIONS .............................................................................................................................. SCH 12 | 2
3.
PROHIBITED SIGNS ..................................................................................................................... SCH 12 | 6
4.
GENERAL STANDARDS AND REGULATIONS FOR ALL SIGNS ...................................................... SCH 12 | 6
5.
SIGNS NOT REQUIRING A PERMIT ............................................................................................. SCH 12 | 8
6.
SIGN PERMIT APPLICATION REQUIREMENTS .......................................................................... SCH 12 | 10
7.
SIGN CONTENT, PROJECTION STYLES AND ILLUMINATION ..................................................... SCH 12 | 10
1.
Off-Premises Sign Content .............................................................................................. SCH 12 | 10
2.
Projection Styles .............................................................................................................. SCH 12 | 11
3.
Illumination ..................................................................................................................... SCH 12 | 12
4.
Animated/Electronic Message Duration Standards ........................................................ SCH 12 | 12
8.
SIGN TYPES .............................................................................................................................. SCH 12 | 12
1.
Portable Signs ................................................................................................................. SCH 12 | 12
2.
Temporary Signs ............................................................................................................. SCH 12 | 13
3.
Canopy Signs ................................................................................................................... SCH 12 | 14
4.
Window Signs .................................................................................................................. SCH 12 | 15
5.
Freestanding Signs .......................................................................................................... SCH 12 | 15
6.
Fascia Signs ..................................................................................................................... SCH 12 | 16
7.
Billboard Signs ................................................................................................................. SCH 12 | 17
8.
Mural Signs ...................................................................................................................... SCH 12 | 17
9.
Projecting Signs ............................................................................................................... SCH 12 | 18
10. Under Canopy Signs ........................................................................................................ SCH 12 | 19
11. Roof Signs ........................................................................................................................ SCH 12 | 20
12. Other Signs ...................................................................................................................... SCH 12 | 20
SCHEDULE 13: DEFINITIONS ................................................................................................................. SCH 13 | 1
APPENDICES
APPENDIX A: TELECOMMUNICATION ANTENNA SITING PROTOCOL EXCLUSION LIST
APPENDIX B: FORMS
FORM A
Application for a Development Permit
FORM B
Notice of Decision on Application for a Development Permit
FORM C
Development Permit
FORM D
Notice of Subdivision and Development Authority Meeting
FORM E
Notice of Subdivision and Development Appeal Board Hearing
FORM F
Notice of Decision of Subdivision and Development Appeal Board
FORM G
Agreement for Time Extension
FORM H
Stop Order
FORM I
Application for a Land Use Bylaw Amendment
FORM J
Calculation Form for Determining Existing Percentage of Multi-Unit Development
FORM K
Demolition Permit
FORM L
Service Connections Approvals for Demolition Permit
FORM M
Telecommunication Siting Protocol Application & Checklist
FORM N
Voluntary Waiver of Claims
APPENDIX C: FEES
APPENDIX D: BYLAWS
Subdivision and Development Authority Bylaw No. 1478
Subdivision and Development Appeal Board Bylaw No. 1682
APPENDIX E: CANNABIS RETAIL SALES SETBACK BUFFER MAP
Town of Cardston Land Use Bylaw No. 1647
ADM | 1
ADMINISTRATION
ENACTMENT
1.
TITLE
This bylaw may be cited as the "Town of Cardston Land Use Bylaw".
2.
PURPOSE
In compliance with section 640 of the Municipal Government Act (MGA), this Bylaw regulates and controls the
use and development of land and buildings within the Town of Cardston to achieve orderly, efficient, and
economic development of the land.
3.
DATE OF COMMENCEMENT
This bylaw shall come into effect upon third and final reading thereof.
4.
REPEAL OF FORMER LAND USE BYLAW
Bylaw No. 1581 as amended, being the current Land Use Bylaw of the Town of Cardston is repealed upon third
and final reading of this Bylaw.
5.
SEVERABILITY
If any provision of this Bylaw is held to be invalid by a decision of a court of competent jurisdiction, that decision
will not affect the validity of the remaining portions.
6.
AMENDMENT OF BYLAW
(1)
The Council may amend this Bylaw at any time in accordance with the procedures detailed in section 692
of the Municipal Government Act.
(2)
A notation of all amending bylaws shall be included (see page above Table of Contents) as part of the
Town of Cardston Land Use Bylaw.
7.
COMPLIANCE WITH THE LAND USE BYLAW
(1)
No development, other than those designated in Schedule 3 of this Bylaw (Development Not Requiring a
Development Permit), shall be undertaken within the Town unless a development permit application has
been approved and a development permit has been issued.
(2)
Notwithstanding subsection (1), while a development permit may not be required pursuant to Schedule
3, development shall comply with all regulations of this Bylaw.
Town of Cardston Land Use Bylaw No. 1647
ADM | 2
8.
COMPLIANCE WITH OTHER LEGISLATION
Compliance with the requirements of this bylaw does not exempt any person undertaking a development from
complying with all applicable municipal, provincial or federal legislation, and respecting any easements,
covenants, agreements or other contracts affecting the land or development.
9.
COMPLIANCE WITH STATUTORY PLANS
Where the policies, rules or procedures indicated in a statutory plan vary, supplement, reduce, replace or
qualify the requirements of this Bylaw for a particular district or districts, the policies, rules or procedures
indicated in this Bylaw shall take precedence.
10. PROVINCIAL ACTS AND REGULATIONS
(1)
Municipal Government Act references or sections referred to in this Bylaw are at the time the Bylaw is
adopted, and the MGA and governing sections may be amended from time to time, and in which case are
applicable as amended.
(2)
The Subdivision and Development Authority, including the Development Officer, may request information
to be provided or apply special conditions on permits or approvals to ensure that recommendations,
regulations or statutes of various other government departments or agencies are met or adhered to.
11. APPENDICES
Appendices A through D, attached hereto, are for information purposes only and may be amended from time
to time as they do not form part of this Bylaw.
12. FORMS, NOTICES AND FEES
(1)
For the purpose of administering the provisions of this Bylaw, Council may authorize by separate
resolution or bylaw as may be applicable, the preparation and use of such fee schedules, forms or notices
as in its discretion it may deem necessary. Any such fee schedules, forms or notices are deemed to have
the full force and effect of this Bylaw in execution of the purpose for which they are designed, authorized
and issued.
(2)
Application forms and notices are included in Appendix B.
(3)
Application fees are included in Appendix C.
APPROVING AUTHORITIES
13. DEVELOPMENT AUTHORITY
(1)
The Development Authority is established by separate bylaw pursuant to the MGA and for the purposes
of the Town of Cardston Land Use Bylaw, is the Development Officer, acting in the capacity of Designated
Officer, and the Municipal Planning Commission. The term Development Authority, used throughout this
bylaw, is an omnibus term meant to refer to both authorities and includes the Subdivision Authority.
(2)
Council shall be the Development Authority within any Direct Control District, unless specifically delegated
by bylaw to the Municipal Planning Commission or the Development Officer acting in the capacity of
Designated Officer, or another designate(s).
Town of Cardston Land Use Bylaw No. 1647
ADM | 3
(3)
In accordance with section 210 of the MGA and the Town's Designated Officer's Bylaw the Development
Officer is a Designated Officer for the purpose of this bylaw.
(4)
In the absence of the Development Officer, the following are authorized to act in the capacity of
Development Officer:
(a)
Municipal Planning Commission;
(b)
Chief Administrative Officer; or
(c)
a designate(s) in accordance with the MGA.
(5)
The Development Officer is an authorized person in accordance with section 624 and section 630 of the
MGA.
(6)
The Development Authority shall perform such powers and duties as are specified:
(a)
in the Town of Cardston Subdivision and Development Authority Bylaw;
(b)
in this bylaw;
(c)
in the Municipal Government Act;
(d)
where applicable, by resolution of Council.
14. SUBDIVISION AUTHORITY
The Subdivision Authority is established by separate bylaw pursuant to the Municipal Government Act and for
the purposes of the Town of Cardston Land Use Bylaw, is the Municipal Planning Commission. See Sections 64
to 66 for more information.
15. DEVELOPMENT OFFICER - POWERS AND DUTIES
(1)
The office of the Development Officer is hereby established and such office shall be filled by one or more
persons as appointed by resolution of Council.
(2)
The Development Officer:
(a)
shall receive and process all applications for development permits;
(b)
shall maintain for the inspection of the public during office hours, a copy of this bylaw and all
amendments thereto and ensure that copies of the same are available for public purchase;
(c)
shall also establish and maintain a register in which shall be recorded the application made for a
development permit and the decision made on the application, and contain any such other
information as the Municipal Planning Commission considers necessary;
(d)
shall consider and decide on applications for a development permit for:
(i)
permitted uses that comply with this land use bylaw;
(ii)
discretionary uses identified under "Discretionary Uses - Development Officer" in the
applicable land use district;
(iii)
permitted uses that request one limited variance of a measurable standard not to exceed 10%;
(iv)
discretionary uses identified under "Discretionary Uses - Development Officer" that request
one (1) limited variance of a measurable standard not to exceed 10%;
(v)
permitted uses on existing registered lots where the Municipal Planning Commission granted
a variance(s) to the minimum lot width, length and/or area requirements as part of a
subdivision approval;
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(vi)
temporary uses in accordance with Administration Section 43;
(vii) landscaping; and
(viii) fences, walls or other types of enclosures including height variances as stipulated in Schedule
5;
(e)
shall refer to the Municipal Planning Commission, with background report, all development permit
applications for which decision making authority has not been assigned to the Development Officer;
(f)
may refer any development application to the Municipal Planning Commission for a decision and
may refer any other planning or development matter to the Municipal Planning Commission for its
review, comment or advice;
(g)
shall refer all development applications in a Direct Control District to Council for a decision, unless
Council has specifically delegated approval authority to the Development Officer or the Municipal
Planning Commission;
(h)
shall notify adjacent landowners and any persons who are likely to be affected by a proposed
development in accordance with subsection (2) of this bylaw;
(i)
shall receive and refer any applications to amend this bylaw to Council;
(j)
shall issue the written notice of decision and/or development permit on all development permit
applications and any other notices, decisions or orders in accordance with this bylaw;
(k)
may receive and consider and decide on requests for time extensions for Development Permits
which the Development Officer has approved and shall refer to the Municipal Planning Commission
those requests which the Municipal Planning Commission has approved;
(l)
shall provide a regular report to the Municipal Planning Commission summarizing the applications
made for a development permit and the decision made on the applications, and any other
information as the Municipal Planning Commission considers necessary;
(m) and shall perform any other powers and duties as are specified in this bylaw, the Subdivision and
Development Authority Bylaw, the MGA or by resolution of Council.
16. MUNICIPAL PLANNING COMMISSION - POWERS AND DUTIES
(1)
The Municipal Planning Commission may exercise only such powers and duties as are specified in the
Municipal Government Act, the Municipal Planning Commission Bylaw, this bylaw, or by resolution of
Council.
(2)
The Municipal Planning Commission shall be responsible for:
(a)
considering and deciding upon development permit applications referred to it by the Development
Officer;
(b)
providing recommendations on planning and development matters referred to it by the
Development Officer or Council;
(c)
considering and deciding upon requests for time extensions on development permit applications
referred to it by the Development Officer;
(d)
considering and deciding upon applications for subdivision approval;
(e)
any other powers and duties as are specified in this bylaw, the Municipal Planning Commission
Bylaw, the MGA or by resolution of Council.
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17. COUNCIL - DIRECT CONTROL DISTRICTS
Council shall be responsible for considering development permit applications within any Direct Control District,
except where the decision making authority has been delegated to the Municipal Planning Commission or the
Development Officer.
18. SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)
The Subdivision and Development Appeal Board (SDAB) is established by separate bylaw pursuant to the
Municipal Government Act, and may exercise such powers and duties as are specified in this bylaw, the MGA
and the Subdivision and Development Appeal Board Bylaw.
GENERAL STANDARDS AND REQUIREMENTS
19. RULES OF INTERPRETATION
(1)
Unless otherwise required by the context, words used in the present tense include the future tense; words
used in the singular include the plural; and the word person includes a corporation as well as an individual.
The Interpretation Act, Chapter I-8, RSA 2000 as amended, shall be used in the interpretation of this Bylaw.
Words have the same meaning whether they are capitalized or not.
(2)
The written regulations of this Bylaw take precedence over any graphic or diagram if there is a perceived
conflict.
(3)
The Land Use Districts Map takes precedence over any graphic or diagram in the district regulations if
there is a perceived conflict.
20. METRIC MEASUREMENTS AND STANDARDS
The metric standards in this Bylaw are applicable. Imperial measurements and standards are provided only for
convenience.
21. NUMBER OF DWELLING UNITS ON A PARCEL
For the purposes of section 640(2)(e) of the Municipal Government Act, no person shall construct or locate or
cause to be constructed or located more than one (1) dwelling unit on a parcel unless, where the use is listed
in the land use district, authorized by the Development Authority through the issuance of a development
permit.
22. SUITABILITY OF SITES
(1)
Notwithstanding that a use of land may be permitted or discretionary or considered similar in nature to a
permitted or discretionary use in a land use district, the Subdivision Authority or Development Authority,
as applicable, may refuse to approve a subdivision or issue a development permit if the Authority is made
aware of or if in their opinion, the site of the proposed building or use is not safe or suitable based on the
following:
(a)
does not have safe legal and physical access to a maintained road in accordance with the land use
bylaw, other municipal requirements or those of Alberta Transportation if within 300 m (984 ft.) of
a provincial highway or 800 m (2,625 ft.) from the centre point of an intersection of a controlled
highway and a public road;
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(b)
has a high water table or soil conditions which make the site unsuitable for foundations and/or
sewage disposal systems in accordance with the provincial regulations;
(c)
is situated on an unstable slope;
(d)
consists of unconsolidated material unsuitable for building;
(e)
is located within the flood fringe and is not adequately flood proofed;
(f)
is located within the flood way or the high hazard flood fringe;
(g)
does not comply with the requirements of the South Saskatchewan Regional Plan, Matters Related
to Subdivision and Development Regulation or any other applicable statutory plans;
(h)
is situated on an active or abandoned coal mine or oil or gas well or pipeline;
(i)
is unsafe due to contamination by previous land uses;
(j)
does not meet the minimum setback requirements from a sour gas well or bulk ammonia storage
facility;
(k)
does not meet the minimum setback requirements from an abandoned well site;
(l)
does not have adequate water and sewer provisions;
(m) does not meet the lot dimensional requirements or setback requirements or any other applicable
standards or requirements of the Town of Cardston Land Use Bylaw;
(n)
is subject to any easement, caveat, restrictive covenant or other registered encumbrance which
makes it impossible to build on the site.
(2)
Nothing in this Section shall preclude the Subdivision Authority or Development Authority, as applicable,
from issuing a subdivision or a development permit if the Authority is satisfied that there is no risk to
persons or property or that these concerns will be mitigated by appropriate engineering measures or
other mitigating measures and approvals from provincial and/or federal agencies have been obtained, as
applicable.
23. MAXIMUM LOT SIZES
The maximum lot sizes established for certain residential land use districts may be waived, subject to Section
36 (for development) and section 654(2) of the Municipal Government Act (for subdivision), by the
Development Authority in the following instances at the time of development or subdivision:
(1)
where the developable area (see definition) of the lot is less than the maximum lot size established for
the district; or
(2)
where the approval would not interfere with or impede upon future resubdivision; or
(3)
where resubdivision would not be feasible; or
(4)
where a proposal is consistent with a design or concept expressed in a statutory plan.
24. DEVELOPMENT IN MUNICIPALITY GENERALLY
(1)
A person who develops land or a building in the municipality shall comply with the standards of
development specified in one or more of the sections in this Bylaw and any condition attached to a
development permit if one is required.
(2)
Construction of utilities, roads, lot grading and excavation shall be in conformance with the Town of
Cardston Engineering Design Standards and Minimum Servicing Standards document.
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25. DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
(1)
Developments not requiring a development permit are specified in Schedule 3.
(2)
This Section does not negate the requirement of obtaining all required permits, as applicable, under the
Safety Codes Act and any other Provincial or Federal statute.
(3)
This Section does not negate the requirement of obtaining a business license where required.
26. APPLICATION FEES
(1)
Application fees are prescribed by Council and are found in Appendix C (Fees) for reference purposes.
(2)
Requests by an applicant for a refund or adjustment of prescribed fees requires the approval of Council,
other than in circumstances where minor discretion is allowed to the Development Officer in accordance
with subsection (3) below.
(3)
The Development Officer has minor discretion in refunding or adjusting fees as it applies to the
withdrawing of applications prior to processing, application proposals being amended where various fees
would normally apply or returning deposits taken as security. If there is any dispute or complaint filed by
an applicant over the amount of a refund or adjustment requested, the issue may be referred to Council.
(4)
Whenever an application is received for a development or use not listed in Appendix C, the amount of the
fee shall be determined by the Development Officer or the Municipal Planning Commission and shall be
consistent with those fees listed.
DEVELOPMENT PERMIT APPLICATIONS
27. DEVELOPMENT PERMITS
(1)
Except as provided in Schedule 3: Development Not Requiring a Development Permit, no person shall
commence a Development unless they have been issued a development permit in respect of the
development in accordance with any terms and/or conditions of a development permit issued pursuant
to this Bylaw.
(2)
An application for a development permit must be made to the Development Officer by submitting:
(a)
a completed application form as per Appendix B;
(b)
a consent from the registered landowner;
(i)
a person who is not the registered landowner may apply for a development permit with the
written consent of the registered landowner;
(c)
the fee prescribed in Appendix C;
(d)
a site plan acceptable to the Development Officer indicating:
(i)
the location of all existing and proposed buildings and structures including a foundation
outline of buildings and all cantilevers, decks and projections, registered easements or rights-
of-way, dimensioned to property lines and drawn to a satisfactory scale;
(ii)
existing and proposed parking and loading areas, driveways, abutting streets, avenues and
lanes, surface drainage patterns and including any other features necessary (i.e. septic
systems, water wells, culverts, trees etc.) to interpret or adjudicate the application;
(iii)
the presence or absence of any and all abandoned wells; and, if abandoned wells are present,
a professionally prepared plot plan that shows the actual well location(s) in relation to existing
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and/or proposed building sites in accordance with the Alberta Energy Regulator's Directive
079; and
(e)
such other information as may be required by the Development Officer, which may also include:
(i)
a minimum of two sets of professionally prepared building plans;
(ii)
a copy of architectural controls approval if applicable to a parcel;
(iii)
a copy of lot grade elevations;
(iv)
any additional information as may be specified in any of the Schedules; and
(v)
any additional information as per Section 28.
28. ADDITIONAL INFORMATION REQUIREMENTS IN SUPPORT OF DEVELOPMENT PERMIT
APPLICATIONS
(1)
The Development Authority may require a Real Property Report (RPR) or a sketch prepared by an Alberta
Land Surveyor or a Professional Engineer as verification of the existing and/or proposed location of
development on said land.
(2)
The Development Authority may request other information to be provided in support of an application
for a development permit, including but not limited to: professionally prepared site plans, landscaping
plans, engineering studies, floodproofing measures, geotechnical reports, storm water management or
drainage plans, soils analyses, grading or lot elevation plans, parking overlays, building plans, technical
reports, population and demographic projections, traffic impact analysis, conceptual design schemes, and
sun/shadow studies.
29. DETERMINING COMPLETENESS OF DEVELOPMENT PERMIT APPLICATIONS
(1)
The Development Officer shall, within 20 days after the receipt of an application for a development permit
in accordance with Section 27(2), 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, which includes but is not limited
to: assessing land use impacts like odours, noise, glare, traffic generation; investigating environmental
matters; addressing the type of servicing and appropriateness of the proposed method of servicing; and
provided the quality of the information is adequate to properly evaluate the application.
(3)
The time period referred to in subsection (1) may be extended by an agreement in writing between the
applicant and the Development Officer.
(4)
If the Development Officer does not make a determination referred to in subsection (1) within the time
required under subsection (1), the application is deemed to be complete.
(5)
If the Development Officer determines that the application is complete, the Development Officer shall
issue to the applicant a written Notice of Completeness acknowledging that the application is complete,
delivered by hand, mail or electronic means.
(a)
The Notice of Completeness may be contained within a Notice of Receipt of an application under
Section 40 or within a Notice of Decision under Section 42.
(6)
If the Development Officer determines that the application is incomplete, the Development Officer shall
issue to the applicant a written notice indicating that the application is incomplete and specifying the
outstanding documents and information to be provided, including but not limited to those required by
Section 27(c). A submittal deadline for the outstanding documents and information shall be set out in the
notice or a later date agreed on between the applicant and the Development Officer in order for the
application to be considered complete.
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(7)
If the Development Officer determines that the information and documents submitted under subsection
(6) are complete, the Development Officer shall issue to the applicant a written Notice of Completeness
acknowledging that the application is complete, delivered by hand, mail or electronic means.
(a)
Despite the issuance of a Notice of Completeness under subsection (5) or (7), the Development
Authority in the course of reviewing the application may request additional information or
documentation from the applicant that the Development Authority considers necessary to review
the application.
(8)
If the required documents and information under Section 27(2) 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.
30. 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:
(a)
issue a development permit with or without conditions; or
(b)
may, at their discretion, choose to refer the application to the Municipal Planning Commission for a
decision.
(2)
The Development Authority may place any of the following conditions on a development permit for a
permitted use:
(a)
payment of any applicable off-site levy or redevelopment levy;
(b)
geotechnical investigation to ensure the site is suitable in terms of topography, soil characteristics,
flooding, subsidence, erosion and sanitary sewage servicing;
(c)
alteration of a structure or building size or location to ensure any setback requirement of this land
use bylaw or the Matters Related to Subdivision and Development Regulation can be met;
(d)
the application of an increased setback to any minimum required setback(s) if determined to be
necessary:
(i)
in the implementation of a planning or planning related objective where supported by policy
in a statutory plan; and/or
(ii)
to provide for resubdivision, that would facilitate a density more appropriate to the respective
land use district, where the lot size of the subject lot exceeds the maximum lot size standard
(if applicable in the land use district) resulting from a historical lot size or through a
consolidation of lots over which the municipality did not have control;
(iii)
where an increased setback is required under subsection (2)(d)(i) or (ii) above in order to
facilitate resubdivision, the applicant may be required to submit a comprehensive site plan
indicating, at a basic level, how resubdivision will be accessed and serviced (not required
where located within a statutory plan);
(e)
any measures to ensure compliance with the requirements of this Land Use Bylaw, including
conditions pursuant to any provision listed in a schedule, or any other statutory plan adopted by the
Town of Cardston, including any "Additional Conditions" under Sections 49-53;
(f)
easements and/or encroachment agreements;
(g)
provision of public utilities, other than telecommunications systems or works, and vehicular and
pedestrian access;
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(h)
conditions as considered necessary to address the provision of utility servicing including, but not
limited to electricity, gas, water, sewer, and storm water;
(i)
repairs or reinstatement of original condition of any street furniture, curbing, sidewalk, boulevard
landscaping and tree planting which may be damaged or destroyed or otherwise altered by
development or building operations upon the site;
(j)
to give security to ensure the terms of the permit approval under this Section are carried out;
(k)
time periods stipulating completion of development;
(l)
requirement for a lot and/or construction stakeout conducted by an Alberta Land Surveyor or
Professional Engineer;
(m) any measures to ensure compliance with applicable federal, provincial and/or other municipal
legislation and approvals.
31. NOTICE OF ISSUANCE
(1)
Upon the issuance of a development permit for a permitted use, the Development Officer shall:
(a)
notify the applicant by sending a copy of the permit or decision regarding the issuance or denial of
the development permit; and
(b)
post a copy of the permit in a conspicuous place in the Town Office.
(2)
The notice, which shall include the date on which the decision was given, shall be sent to the applicant on
the date on which the decision was given. For the purposes of this section the "date of which the decision
was given" means:
(a)
the date the Development Officer signs the development permit; or
(b)
the date the decision is posted in the newspaper;
whichever occurs later.
32. DISCRETIONARY USE DEVELOPMENT APPLICATIONS
(1)
Upon the receipt of a completed application for a development permit for a discretionary use that falls
under "Discretionary Uses - Development Officer" in Schedule 2, the Development Officer shall:
(a)
notify adjacent landowners and other persons likely to be affected in accordance with Section 40;
and
(b)
approve the development permit with or without conditions; or
(c)
refuse to approve the development permit, stating the reasons for refusal; or
(d)
refer the application to the Municipal Planning Commission for a decision.
(2)
Upon the receipt of a completed application for a development permit for any discretionary use that does
not fall under "Discretionary Uses - Development Officer" in Schedule 2, the Development Officer shall
refer the application to the Municipal Planning Commission.
(3)
Upon the receipt of an application under subsection (1) or (2), the Development Officer shall notify
persons likely to be affected by the issuing of the development permit in accordance with Section 40.
(4)
When making a decision on a development permit for a discretionary use the Development Authority
must take into account:
(a)
any statutory plans or non-statutory plans or studies affecting the parcel or type of development;
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(b)
the purpose statement in the applicable land use district;
(c)
the appropriateness of the location and parcel for the proposed development;
(d)
the compatibility and impact of the proposed development with respect to adjacent development
and the neighbourhood;
(e)
the merits of the proposed development;
(f)
access, transportation and servicing requirements.
(5)
The Development Authority may place any of the conditions stipulated in subsection (2) (Permitted Use
Applications) on a development permit for a discretionary use in any land use district, in addition to any
other conditions necessary to ensure the quality, suitability and compatibility of a development with other
existing and approved uses in the area or any other conditions necessary to fulfil a planning related
objective.
33. SIMILAR AND PROHIBITED USES
(1)
Where a use is applied for which is not specifically considered in any land use district or defined elsewhere
in the Bylaw, but is similar in character and purpose to another use that is permitted or discretionary in
the land use district in which such use is proposed, the following process shall apply:
(a)
the matter shall be referred by the Development Officer to the Municipal Planning Commission;
(b)
the Development Officer shall notify persons likely to be affected in accordance with Section 40;
(c)
the Municipal Planning Commission shall determine and make a ruling on the proposed use as to its
similarity to a permitted or discretionary use in the district;
(d)
If the use is deemed similar, the proposed use shall be reviewed by the Municipal Planning
Commission as a discretionary use for that land use district.
(2)
Where a use is not listed in a land use district as either discretionary or permitted and is not deemed
similar in nature in accordance with subsection 33(1), then that use is prohibited in the land use district.
34. FAILURE TO MAKE A DECISION - DEEMED REFUSAL
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 Authority,
as the case may be, is not made within 40 days of receipt of the completed application unless the applicant has
entered into an agreement with the Development Authority to extend the 40-day decision period.
APPLICATIONS REQUIRING WAIVERS (VARIANCE)
35. PERMITTED USE APPLICATIONS REQUIRING MINOR WAIVERS (VARIANCE)
(1)
Upon the receipt of a completed application for a development permit for a permitted use that requests
one (1) minor waiver not to exceed 10 percent of a measurable standard of this Bylaw, the Development
Officer shall evaluate the application, and:
(a)
may grant the minor waiver not to exceed 10 percent of one (1) measureable standard of this Bylaw
and issue the development permit with or without conditions if, in the opinion of the Development
Officer, the waiver would not unduly interfere with the amenities of the neighbourhood or
materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; or
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(b)
may refer the development application involving a request for one (1) minor waiver of any
measureable standard in the Bylaw to the Municipal Planning Commission for a decision.
(2)
Granting one (1) minor waiver under this Section does not require notification of persons likely to be
affected prior to issuance of a development permit.
(3)
If the waiver required exceeds 10 percent of any measurable standard in this Bylaw or the applicant
requests more than one (1) minor waiver, the Development Officer shall refer the application to the
Municipal Planning Commission for a decision under subsections (1) and (2), or, where expressly granted
the authority by this Bylaw, make a decision in accordance with Section 36(1)(a).
(4)
In respect of applying the measurable standards of the Bylaw to new construction setbacks for compliance
purposes, the Development Officer is afforded minor variance power not to exceed a maximum of 10 cm
(3.94 inches) degree of tolerance.
36. APPLICATIONS REQUESTING WAIVERS (VARIANCE) OF BYLAW PROVISIONS
(1)
Upon receipt of a completed application for a development permit for a development that does not
comply with this Bylaw, but in respect of which the Development Authority is requested by the applicant
to exercise discretion under subsection (3), the Development Officer shall send the application to the
Municipal Planning Commission;
(a)
where this Bylaw expressly provides the authority to do so, the Development Officer may make a
decision on an application requiring a variance that exceeds the threshold established in Section 35,
after considering the response to notification required under subsection (2) and the variance criteria
in subsection (3).
(2)
Upon receipt of a completed application for a development permit which would require the Development
Authority to exercise its discretion under subsection (3), the Development Officer shall notify persons
likely to be affected by the issue of the development permit in accordance with Section 40.
(3)
The Development Authority is authorized to decide upon an application for a development permit
notwithstanding that the proposed development does not comply with this Bylaw if, in the opinion of the
Development Authority:
(a)
the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii)
materially interfere with or affect the use, enjoyment or value of neighbouring properties; and
(b)
the proposed development conforms with the use prescribed for that land or building in Schedule
2: Land Use Districts.
(4)
Notwithstanding subsection (3), the Development Authority, or the Subdivision and Development Appeal
Board on an appeal, does not have the authority to waive or vary an applicable standard of this Bylaw, if
a section or policy specifically states that the standard is not to be waived or varied.
37. NON-CONFORMING BUILDINGS AND USES
A non-conforming building or use may only be continued in accordance with the conditions detailed in the
Municipal Government Act.
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38. DEVELOPMENT ON NON-CONFORMING SIZED LOTS
(1)
Development on an existing registered non-conforming sized lot that does not meet the minimum
requirements for lot length, width or area specified in the applicable land use district in Schedule 2 may
be permitted at the discretion of the Development Authority.
(2)
An application for development on an existing non-conforming sized lot shall require public notice in
accordance with Section 40.
39. NON-CONFORMING VARIANCES
The Development Authority is authorized to exercise minor variance powers with respect to non-conforming
buildings pursuant to section 643(5)(c) of the Municipal Government Act.
PROCESSING OF APPLICATIONS FOR DISCRETIONARY USES AND WAIVERS
40. NOTICE OF RECEIPT OF AN APPLICATION
(1)
Where public notice is required the Development Officer shall, at least five (5) days, excluding weekends
and holidays, preceding the date of consideration by the Municipal Planning Commission, notify persons
likely to be affected by the issuance of the permit by one or more of the following:
(a)
sending notice of receipt to the applicant and persons likely to be affected:
(i)
where mailing is used as the method of notification the notice shall be mailed at least seven
(7) days preceding the date of consideration in accordance with subsection (1);
(b)
placing an advertisement in a local newspaper circulating within the municipality;
(c)
placing a notice on the property in a prominent place using the appropriate form as per Appendix B:
(i)
where notice posting is used as the method of notification the notice shall be erected at least
seven (7) days preceding the date of consideration in accordance with subsection (1).
(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 will meet to consider the
application and indicate that written or oral submissions on the application will be received at that
time.
(3)
The Development Officer shall notify Cardston County and/or the Blood Tribe and consider their
comments prior to deciding on an application for a discretionary use if the proposed location is:
(a)
on a parcel or title adjacent to a municipal boundary; or
(b)
within or adjacent to the boundary area of land subject to an intermunicipal development plan
adopted by the Town and Cardston County, in which case, the relevant referral and comments
policies stipulated in that plan must be followed.
(4)
After considering any response to the notification of persons likely to be affected by the issuance of the
permit, the Development Authority may approve a development permit with or without conditions.
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41. DISCRETIONARY USES THAT REQUIRE NOTICE POSTING
The following uses, where listed as a discretionary use in a particular land use district, must always be notice
posted on site in addition to one other form of acceptable notice established in subsection 40(1):
(a)
Child Care Facility;
(b)
Cannabis Production Facility or a Cannabis Retail Sales;
(c)
Multi-Unit Dwellings and Apartments consisting of more than four (4) units;
(d)
Restaurant, Licensed or a Recreational Use, Licensed.
A notice posted on site must be erected as least seven (7) days, excluding weekends and holidays, preceding
the date of consideration by the Municipal Planning Commission and shall contain the content required in
subsection (2) and shall be located in a conspicuous place.
42. NOTICE OF DECISION AND ISSUANCE OF A DEVELOPMENT PERMIT
(1)
Upon issuance of a decision on a development permit application for a discretionary use, the
Development Officer shall notify by mail a copy of the development permit or methods outlined in
subsection (1):
(a)
the persons notified under Section 40, and
(b)
any other persons likely to be affected by the development.
(2)
The notice, which shall include the date on which the decision was given, shall be sent to the applicant on
the date on which the decision was given. For the purposes of this section the "date of which the decision
was given" means:
(a)
the date the Development Officer signs the notice of decision or development permit; or
(b)
the date the decision is posted in the newspaper;
whichever occurs later.
43. TEMPORARY DEVELOPMENT PERMIT
The Development Authority may issue a temporary development permit for a defined period, typically of not
more than twelve (12) months, if the use is a discretionary use in that land use district. The costs of removal
or cessation of the development are the responsibility of the applicant and the Development Authority may
require the applicant to post a guarantee to ensure the cessation or removal of the use and any associated
development in a timely fashion.
DEVELOPMENT PERMIT VALIDITY AND TRANSFERABILITY
44. REAPPLICATION FOR A DEVELOPMENT PERMIT AND MINOR CHANGES
(1)
If an application for a development permit is refused by the Development Officer, the Municipal Planning
Commission or by the Subdivision and Development Appeal Board or Council (in a Direct Control district),
another application for development on the same lot, and for the same or similar use, may not be made
for at least six (6) months after the date of refusal.
(2)
If an application was refused solely because it did not comply with the standards of this Bylaw, the
Development Officer may accept another application on the same lot for the same or similar use before
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the time period referred to in subsection (1) has lapsed, provided the application has been modified to
comply with this Bylaw.
(3)
Where an applicant proposes minor, non-material modifications to an approved development
application, the Development Officer may accept the minor changes without requiring the applicant to
submit a new application. Where the Development Officer has accepted minor changes, the applicant
shall submit revised drawings indicating these changes. No new variances or increased variances may be
accepted under this provision.
(4)
Where an applicant proposes more substantial modifications to an approved development application
that are deemed by the Development Officer to fall outside the scope of subsection (3), those changes
shall not be allowed until such time that a new development application has been submitted by the
applicant and approved the Development Authority.
45. COMMENCEMENT OF DEVELOPMENT & DEVELOPMENT APPEALS
(1)
No development authorized by a development permit shall commence until the 21 day appeal period has
expired, which is on the date determined in accordance with Section 31.
(2)
Notwithstanding subsection (1), development may commence prior to the date of validity established in
the notice of the issuance of the permit if the applicant, and the landowner if the applicant is not the
landowner, for the development permit has executed the "Voluntary Waiver of Claims" form in Appendix
B.
46. VALIDITY OF DEVELOPMENT PERMIT
(1)
Unless a development permit is suspended or cancelled, the application must be commenced or carried
out with reasonable diligence in the opinion of the Development Authority within 12 months from the
date of issuance of the permit; otherwise the permit is no longer valid.
(2)
The validity of a development permit may be extended only one (1) time, and for a defined period,
typically of not more than six (6) additional months:
(a)
by the Development Officer or the Municipal Planning Commission, if the Development Officer
issued it; or
(b)
by the Municipal Planning Commission, if the Municipal Planning Commission or the Subdivision and
Development Appeal Board issued it.
47. TRANSFER OF DEVELOPMENT PERMIT
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.
48. DISCONTINUATION OF USE
When any use has been discontinued for a period of six (6) months or more, any development permit that may
have been issued is no longer valid and said use may not be recommenced until a new application for a
development permit has been made and a new development permit issued.
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ADDITIONAL CONDITIONS
49. ADDITIONAL CONDITIONS
In addition to the conditions that the Development Authority may impose on a development permit, the
Development Authority may impose such conditions as it considers necessary to ensure that this Bylaw, the
Municipal Development Plan or any other statutory plans are complied with.
50. CONDITIONS TO PROVIDE SECURITY
The Development Authority or Subdivision Authority has the authority to request as a condition of approval,
the posting of security or bonds to be provided by the applicant to ensure that development permit or
subdivision approval conditions are met. The appropriate authority has the sole discretion to authorize the
release of such funds, only when it has been suitably demonstrated to their satisfaction the conditions have
been completed.
51. DEVELOPMENT AGREEMENTS
(1)
The Development Authority may require, with respect to a development, as a condition of issuing a
development permit, that the applicant enter into an agreement with the municipality, pursuant to
section 650(1) of the Municipal Government Act, to do any or all of the following:
(a)
to construct or pay for the construction of a road required to give access to the development;
(b)
to construct or pay for the construction of a pedestrian walkway system to serve the development
and/or connect with existing or proposed pedestrian walkway systems that serve an adjacent
development;
(c)
to install or pay for the installation of public utilities, other than telecommunication systems or
works, that are necessary to serve the development;
(d)
to construct or pay for the construction of off-street, or other parking facilities and/or loading and
unloading facilities;
(e)
to pay an off-site levy or redevelopment levy;
(f)
to give security to ensure that the terms of the agreement under this Section are carried out.
(2)
The Subdivision Authority may require, with respect to a subdivision, that as a condition of issuing an
approval for a subdivision, the applicant enter into an agreement with the municipality, pursuant to
section 655(1)(b) of the Municipal Government Act.
(3)
An agreement referred to in this Section may require the applicant for a development permit or
subdivision approval to oversize improvements in accordance with section 651 of the Municipal
Government Act.
(4)
A municipality may register a caveat under the Land Titles Act with respect to an agreement under this
Section against the certificate of title for the land that is the subject of the development, or for the parcel
of land that is the subject of the subdivision.
(5)
If a municipality registers a caveat under this Section, the municipality must discharge the caveat when
the agreement has been complied with.
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52. OFF-SITE LEVIES AND DEVELOPMENT FEES
If a person applies for a development permit or subdivision approval, he/she may be required to pay an off-
site levy fee and a development fee in respect of land that is to be developed or subdivided, to pay for all or
part of the capital costs, in accordance with bylaw adopted under section 649 of the Municipal Government
Act.
53. ARCHITECTURAL CONTROLS
(1)
Some areas within the Town of Cardston may have architectural control guidelines in place for the
construction of new buildings and other matters. Architectural control review of plans needs to be
approved by the Developers Architectural Control Approval Officer prior to the Town accepting a
development permit application.
(2)
The Municipal Planning Commission or Council on a bylaw redesignation or area structure plan bylaw
application:
(a)
may require architectural control guidelines to be submitted for review and approval by the
municipality prior to subsequently being registered on title; and
(b)
may stipulate specific development standards, land or building restrictions to be applied or included
in the covenants.
ENFORCEMENT
54. SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT
If, after a development permit has been issued, the Development Authority becomes aware that:
(a)
the application for the development permit contained a misrepresentation; or
(b)
facts concerning the application on the development, that were not disclosed and which should have
been disclosed at the time the application was considered, have subsequently become known; or
(c)
the permit was issued in error; or
(d)
the applicant or landowner's development has deviated from what was approved;
the Development Authority may issue a stop order to suspend or cancel the development permit by notice in
writing to the holder of it.
55. NOTICE OF VIOLATION
Where the Development Authority finds that a development or use of land or buildings is not in accordance
with the Municipal Government Act, the Matters Related to Subdivision and Development Regulation, a
development permit or subdivision approval, or this bylaw, the Development Authority may issue, prior to
issuing a Stop Order, a notice of violation to the registered owner or the person in possession of land or
buildings or the person responsible for the contravention. Such notice shall state the following:
(a)
the nature of the violation;
(b)
corrective measures required to comply; and
(c)
the time period within which such corrective measures must be performed.
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56. STOP ORDER
(1)
Either the Development Officer or Municipal Planning Commission is authorized to issue an order under
section 645 of the Municipal Government Act.
(2)
A person who receives a stop order may, by written notice within 21 days of being notified of the order,
appeal to the Subdivision and Development Appeal Board pursuant to section 685 of the Municipal
Government Act.
57. ENFORCEMENT OF STOP ORDERS
(1)
Pursuant to section 646 of the Municipal Government Act, if a person fails or refuses to comply with an
order directed to the person under section 645 or an order of a subdivision and development appeal
board under section 687, the Development Officer may, in accordance with section 542, enter on the land
or building and take any action necessary to carry out the order.
(2)
The Town may register a caveat under the Land Titles Act in respect of an order referred to in subsection
(1) against the certificate of title for the land that is the subject of an order.
(3)
If a caveat is registered under subsection (2), the Town must discharge the caveat when the order has
been complied with.
(4)
If compliance with a stop order is not voluntarily compiled with, the Town may undertake legal action,
including but not limited to, seeking injunctive relief from the Alberta Court of Queen's Bench pursuant
to section 554 of the Municipal Government Act. In accordance with section 553 of the MGA, the
expenses and costs of carrying out an order under section 646 of the MGA may be added to the tax roll
of the parcel of land.
58. ORDER TO REMEDY CONTRAVENTIONS
(1)
Under section 545 of the Municipal Government Act, if a Development Officer finds that a person is
contravening this or any other enactment that the municipality is authorized to enforce or a bylaw, the
Development Officer may, by written order, require the person responsible for the contravention to
remedy it if the circumstances so require.
(2)
A person who receives a written order under subsection (1) may by written notice request Council to
review the order within 14 days after the date the order is received, pursuant to section 547(1) of the
Municipal Government Act.
59. PENALTIES AND RIGHT OF ENTRY
(1)
Any person who contravenes any provision of this bylaw is guilty of an offence in accordance with Part
13, Division 5, Offences and Penalties of the Municipal Government Act 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.
(2)
When a development has been commenced prior to a development permit application being approved,
or where construction is not in accordance with the permit issued, a penalty of $500.00 may be charged.
(3)
In accordance with section 542 of the Municipal Government Act, a Development Officer may, after giving
reasonable notice to and obtaining consent from the owner or occupier of land upon which this bylaw or
MGA authorizes anything to be inspected, remedied or enforced or done by a municipality:
(a)
enter on that land at a reasonable time and carry out inspection, enforcement, or action authorized
or required by the enactment or bylaw;
(b)
request anything to be produced to assist in the inspection, remedy, enforcement or action; and
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(c)
make copies of anything related to the inspection, remedy, enforcement or action.
(4)
If a person refuses to grant consent or refuses to produce anything to assist in the inspection, remedy,
enforcement or action referred to in section 542 of the Municipal Government Act, the municipality under
the authority of section 543 of the Municipal Government Act may obtain a court order.
APPEALS
60. DEVELOPMENTS APPEALS
Any person applying for a development permit or any other person affected by an order, decision, or
development permit made or issued by the Development Authority, may appeal to the Subdivision and
Development Appeal Board within 21 days after the date on which the decision is given, in accordance with
sections 685 and 686 of the Municipal Government Act.
61. SUBDIVISION APPEALS
Any person applying for a subdivision or any other entity which is afforded the ability to appeal a subdivision
decision, pursuant to section 678 of the Municipal Government Act and the Matters Related to Subdivision and
Development Regulation, may appeal to the Subdivision and Development Appeal Board in accordance with
section 678 of the Municipal Government Act.
AMENDMENT TO THE LAND USE BYLAW
62. LAND USE BYLAW AMENDMENT PROCEDURE
(1)
Any person or the Town may initiate amendments to this Bylaw by making an application to the
Development Officer.
(2)
All applications for amendment shall be made using the appropriate form in Appendix B: Application for
a Land Use Bylaw Amendment.
(3)
The Development Officer may, in addition to the information provided on the application form, request
such other information as necessary to properly evaluate and make a recommendation on the application.
(4)
The Development Officer may refuse to accept the application if, in his/her opinion, the information
supplied is not sufficient to make a proper evaluation of the proposed amendment.
(5)
The Development Officer shall submit the application to Council for a decision if he/she is satisfied
sufficient information has been provided with the application.
(6)
Council or the Development Officer may refer the application to the Municipal Planning Commission for
their recommendation.
(7)
Council shall follow the procedures in the Municipal Government Act, including the processes related to
notice of public hearings and the conduct of meetings.
(8)
Where an application for amendment to this Bylaw has been refused by Council, another application that
is the same or similar in nature shall not be accepted until at least six (6) months from the date of refusal.
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63. LAND USE REDESIGNATION APPLICATION REQUIREMENTS
A request for redesignation from one land use district to another shall be accompanied by:
(a)
a completed application form and the applicable fee;
(b)
a copy of the Certificate of Title for the lands, dated not more than 60 days prior to the date on which the
application was made;
(c)
a narrative describing the:
(i)
proposed designation and future uses(s);
(ii)
consistency with the applicable statutory plans;
(iii)
compatibility of the proposal with surrounding uses and zoning;
(iv)
development potential/suitability of the site, including identification of any constraints and/or
hazard areas (e.g. easements, soil conditions, topography, drainage, floodplain, steep slopes, etc.);
(v)
availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police
protection, schools, etc.) to serve the subject property while maintaining adequate levels of service
to existing development;
(vi)
any potential impacts on public roads; and
(vii) any other information deemed necessary by the Development Officer or Council to properly
evaluate the proposal.
(d)
conceptual subdivision design, if applicable;
(e)
if deemed necessary by the Development Officer, or Council, a geotechnical report prepared by an
engineer registered with The Association of Professional Engineers, Geologists, and Geophysicists of
Alberta (APEGGA), addressing the following but not limited to:
(i)
slope stability,
(ii)
groundwater,
(iii)
sewage,
(iv)
shallow water table, and
(v)
flood plain analysis;
(f)
an evaluation of surface drainage which may include adjacent properties if deemed necessary by the
Development Officer or Council; and
(g)
any other information deemed necessary by the Development Officer, or Council to properly evaluate the
application.
(h)
An Area Structure Plan or Conceptual Design Scheme may be required in conjunction with a redesignation
application involving:
(i)
a redesignation from the Agricultural - A land use district to another land use district;
(ii)
industrial development;
(iii)
large-scale commercial development;
(iv)
manufactured home park;
(v)
multi-lot residential development resulting in the creation of more than five lots or which has the
potential to trigger capacity upgrades or expansion of infrastructure; or
(vi)
as required by Council.
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SUBDIVISION AUTHORITY
64. SUBDIVISION AUTHORITY - POWERS AND DUTIES
(1)
The Subdivision Authority may perform only such powers and duties as are specified:
(a)
in the Town of Cardston Municipal Subdivision and Development Authority Bylaw,
(b)
in this Bylaw,
(c)
in the Municipal Government Act,
(d)
in the Matters Related to Subdivision and Development Regulation, or
(e)
by resolution of Council.
(2)
The Subdivision Authority may delegate, through any of the methods described in subsection (1), to an
individual, municipal staff, or a regional service commission, any of its functions and duties in the
processing of subdivision applications. In respect of this:
(a)
the delegation of duties by the Subdivision Authority may include the authorized entity being
responsible for determining the completeness of a submitted subdivision application;
(b)
the Subdivision Authority delegate is authorized to carry out the application process with subdivision
applicants as described in the Subdivision Application Rules and Procedures section of this bylaw,
including the task of sending all required notifications to applicants as stipulated.
65. SUBDIVISION APPLICATION
An applicant applying for subdivision shall provide the required fees, materials and information as requested
by the Subdivision Authority or its designate. A complete application for subdivision shall consist of:
(a)
an application, in the manner and form prescribed, clearly and legibly completed with all the required
information and signatures provided as requested on the form;
(b)
the applicable fees paid;
(c)
an up-to-date and current copy of the Certificate of Title to the subject land;
(d)
a surveyor's sketch or tentative subdivision plan professionally prepared or an accurate and legible sketch
drawn to scale that shows the location, dimensions and boundaries of the proposed subdivision and all
other requirements prescribed in the subdivision application package. For a subdivision application
where any buildings or structures are present on the land that is the subject of the subdivision, a sketch
prepared by a professional surveyor or an up-to-date Real Property Report is required; and
(e)
any such other information as may be required at the discretion of the Subdivision Authority or its
designate in order to accurately evaluate the application and determine compliance with this bylaw and
any other municipal bylaws and plans, the Municipal Government Act, the Matters Related to Subdivision
and Development Regulation, or other government regulations. This may include but is not limited to the
provision of geotechnical information, soil analysis reports, water reports, slope stability analysis,
drainage and storm water plans, contours and elevations of the land, engineering studies or reports,
wetland reports, environmental impact assessments, utility and servicing information, and/or the
preparation of an area structure plan or conceptual design scheme.
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66. DETERMINATION OF COMPLETE SUBDIVISION APPLICATION
(1)
In accordance with the Municipal Government Act, the Subdivision Authority or its designate shall provide
notification to a subdivision applicant within the 20-day prescribed time period, on whether a submitted
application is deemed complete, or if it is determined to be incomplete what information is required to
be submitted within a specified time period, by sending notification in the following manner:
(a)
for an application deemed complete, the applicant shall be notified in writing as part of the formal
subdivision application circulation referral letter;
(b)
for an application determined to be incomplete, written notification shall be given to the applicant
which may be in the form of a letter sent by regular mail to the applicant, or sent by electronic
means, or both, or by any other method as may be agreed to between the applicant and Subdivision
Authority or its designate;
(c)
in respect of subsection (b) for a subdivision application determined to be incomplete, the applicant
will be advised in writing as part of the Notice of Incompleteness what the outstanding information
and documents are that must be submitted by a date specified in the notice for the application to
be deemed complete.
(2)
Notwithstanding subsection (1), the applicant and Subdivision Authority or its designate may agree and
sign a time extension agreement in writing in accordance with section 653.1(3) of the Municipal
Government Act to extend the 20-day time period to determine whether the subdivision application and
support information submitted is complete.
(3)
If the applicant fails to submit all the outstanding information and documents on or before the date
referred to in subsection (1)(c) or a later date agreed on in writing between the applicant and the
Subdivision Authority or its designate, the application is deemed to be refused. The Subdivision Authority
or its designate will notify the applicant in writing that the application has been refused and state the
reason for the refusal and include the required information on filing an appeal and to which appeal board
the appeal lies, either the local appeal board or provincial Land and Property Rights Tribunal, in
accordance with the parameters of the Municipal Government Act. The notification may be sent by
regular mail to the applicant, or sent by electronic means, or both.
(4)
A determination made by the Subdivision Authority or its designate that an application is complete for
processing does not preclude the ability for the Subdivision Authority or its designate to request other
information or studies or documentation to be submitted by the applicant during the review and
processing period, prior to a decision being rendered, or as a condition of subdivision approval.
LAND USE DISTRICTS
67. LAND USE DISTRICTS
(1)
The municipality is divided into those districts specified in Schedule 2 and shown on the Land Use Districts
Map in Schedule 1.
(2)
The one or more uses of land and/or buildings that are:
(a)
permitted uses in each district, or
(b)
discretionary uses in each district,
are described in Schedule 2 and shown on the Land Use Districts Map in Schedule 1.
SCHEDULE 1: LAND USE DISTRICTS MAP
The Land Use Districts Map is a separate file.
SCHEDULE 2: LAND USE DISTRICTS
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SCH 2 | 1
SCHEDULE 2: LAND USE DISTRICTS
1.
The municipality is divided into those districts shown on the Land Use Districts Map in Schedule 1.
2.
Each district shown on the map referred to above shall be known by the following identifying symbols:
RESIDENTIAL
R1
MANUFACTURED HOME COMMUNITY RESIDENTIAL
R2C
MANUFACTURED HOME SUBDIVISION RESIDENTIAL
R2S
LARGE LOT RESIDENTIAL
R3
MEDIUM DENSITY RESIDENTIAL
R4
ESTATE RESIDENTIAL
R5
RESIDENTIAL COMPREHENSIVELY PLANNED SMALL LOT
RC-SL
RESIDENTIAL COMPREHENSIVELY PLANNED MEDIUM DENSITY
RC-M
CENTRAL COMMERCIAL
C1
DRIVE-IN/HIGHWAY COMMERCIAL
C2
CONTROLLED COMMERCIAL
C3
GENERAL INDUSTRIAL
I1
LIGHT INDUSTRIAL
I2
PUBLIC & INSTITUTIONAL
P
RECREATION & OPEN SPACE
RO
AGRICULTURAL
A
FLOOD DAMAGE REDUCTION OVERLAY
FDR
GATEWAYS & CORRIDORS OVERLAY
G & C
DIRECT CONTROL
DC
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SCH 2 (R1) | 1
RESIDENTIAL - R1
Purpose:
To encourage and ensure that residential development, primarily in the form of single-detached dwellings, and
related uses, occurs in an attractive, orderly, economic and efficient manner.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Dwellings:
o Single-Detached - Site Built
o Single-Detached - Prefabricated
Accessory building, structure or use to
an approved permitted use
Day Home
Detached Garage
Garden Shed
Home Occupation 1
Shipping Container (temporary)
Solar Collector, Attached
Dwellings:
o Duplex
o Moved-In
o Garage Suite
o Garden Suite
o Secondary Suite
o Semi-Detached
o Single-Detached - Manufactured
(existing as of the passing of this
bylaw)
Child Care Facility
Community Garden
Home Occupation 2
Institutional Facilities and Uses
Parks and Playgrounds
Short-Term Rental 2
Sign Types¹: 5, 4, 12
Small Wind Energy System - Type A²
Solar Collector, Free-Standing
Utility, Private or Public
(C) DISCRETIONARY USES - DO
Accessory building, structure or use to an
approved discretionary use
Short-Term Rental 1
Sign Types¹:1, 2
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(D) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
2.
USE REGULATION FOR LOTS 1-4, BLOCK 10, PLAN 2247G & LOTS 1-2, BLOCK 11, PLAN 2247G
The use regulation for the above legal descriptions shall be the same as above but shall also include, as a
DISCRETIONARY USE - MPC, a "Dwelling, Single-Detached Manufactured." Eligibility requirements for single-
detached manufactured dwellings shall be the same as the requirements listed in the R2C and R2S Districts.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R1) | 2
3.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Single Detached Dwelling
15.24
50
36.58
120
557.40
6,000
Semi-Detached Dwellings
(for each side)
12.19
40
36.58
120
445.92
4,800
All other uses
As required by the Development Authority
(1)
The Development Officer may approve a permitted use development on an existing registered lot if the
minimum dimensions or area are less than those specified above in Section 3.
(2)
Despite the above requirements, all lots located on curves or cul-de-sacs shall have a minimum frontage
of 6 m (19.7 ft.).
4.
MAXIMUM LOT SIZE
Use
Area
m2
ft2
Single Detached (including suites), Semi-Detached Dwelling
1,212.35
(0.12 ha)
13,050
(0.3 acre)
All other uses
As required by the Development Authority
(1)
Where a lot exceeds the maximum lot size the Development Authority shall impose an increased setback,
in accordance with administrative Section 30(2)(d), of an extent sufficient to provide for the future
resubdivision of the lot.
(2)
The maximum lot size requirement shall only apply to lots that are vacant or that have not been
developed, or approved for a development, with a principal building as of the date of the passing of this
bylaw.
(3)
The maximum lot size requirement shall not apply to lots planned for in a statutory plan in accordance
with administrative Section 9.
5.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Single-Detached Dwelling
7.62
25
3.05*
10*
1.52
5
7.62
25
Semi-Detached Dwellings
(for each side)
7.62
25
3.05*
10*
1.52
5
7.62
25
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R1) | 3
MINIMUM YARD SETBACKS FOR A
CORNER LOT
*The required secondary front yard
distance on a corner lot may be
reduced by 0.15 m (0.5 ft.) for each
0.30 m (1 ft.) that the front yard
setback is increased, providing the
resulting secondary front yard setback
is never less than 2.29 m (7.5 ft.). (see
diagram)
6.
MAXIMUM SITE COVERAGE
(1)
Principal Building - 33%
The principal building shall not occupy more than 33 percent of the surface area of a lot. Attached garages
shall be considered as part of the principal building.
(2)
Accessory Buildings - 12%
(a)
Any and all accessory buildings and structures shall not occupy more than 12 percent of the surface
area of a lot or 83.61 m² (900 ft²), whichever is the lesser.
(b)
Accessory Buildings (with a garage suite or garden suite developed on the property) - 13%
(c)
Any and all accessory buildings and structures, including garage and garden suites, shall not occupy
more than 13 percent of a lot or 92.9 m2 (1,000 ft2) of site coverage, whichever is the lesser, where
there is a garage or garden suite on the property.
In no case shall the sum of all accessory building coverage exceed the principal building coverage.
(3)
Other development shall be at the discretion of the Development Authority.
7.
MINIMUM FLOOR AREA
Use
Minimum Floor Area*
Single-Detached Dwellings
74.32 m2 (800 ft2)
Semi-Detached Dwellings (per unit)
65.03 m2 (700 ft2)
All other uses
As required by the Development Authority
*Total floor area of all floors as measured by floors above grade or floors not more than 1.52 m (5 ft.) below grade.
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SCH 2 (R1) | 4
8.
MAXIMUM HEIGHT OF BUILDINGS
Use
Maximum Height*
Principal Dwelling
10.06 m (33 ft.)
Accessory Buildings
5.49 m (18 ft.)
All other uses
As required by the Development Authority
*In no case shall an accessory building exceed the height of the principal dwelling unless a variance is approved.
9.
DRAINAGE
All dwellings and accessory structures must have eaves and downspouts, proper site grading, and all surface
drainage must be contained on-site and/or directed into approved municipal infrastructure. In no case shall
surface drainage negatively affect adjacent properties.
10. DRIVEWAY STANDARDS
See Schedule 10: Off-Street Parking, Loading & Driveway Requirements.
11. DETACHED ACCESSORY HOUSING STANDARDS
(1)
See Schedule 5, Section 9, for Secondary Suite regulations, which are to apply to Secondary Suites (ie.
basement suites) in this land use district.
(2)
A garage or garden suite shall only be approved on a parcel that meets the minimum size requirements
listed in Section 3.
(3)
A garage or garden suite shall be situated to the rear of the principal dwelling and in a location, and with
an orientation, which clearly indicates the subordinance of the suite to the principal dwelling.
(4)
A garden or garage suite shall be situated no closer than 3.05 m (10 ft.) to the principal dwelling.
(5)
A garage or garden suite shall provide parking stalls in accordance with Schedule 10. Access to the parking
area shall be to the satisfaction of the Development Authority.
(6)
A garden or garage suite located on a corner lot shall not take access from the street but shall instead
share the principal front access or take access from the lane.
(7)
A garden or garage suite shall be serviced through connection to the water and sewer service for the
principal dwelling, or, at the discretion of the Development Authority, through independent connection
to municipal water and sewer infrastructure.
(8)
The following design measures shall be incorporated to the satisfaction of the Development Authority for
the purposes of preserving the privacy of adjacent properties and effectively integrating suites into the
neighbourhood:
(a)
placement of larger windows to limit overlook into neighbouring properties;
(b)
translucency (i.e. allowing the transport of light but not to the extent where image formation can be
realized) of windows where appropriate;
(c)
placement of balconies on a garage suite to face the rear lane (where one exists) or larger of the two
side yards;
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R1) | 5
(d)
design, materials and massing to be complimentary with the principal building and neighbouring
buildings and to maximize sunlight access for neighbouring parcels.
(9)
Each garage or garden suite shall be provided with a private outdoor amenity space (i.e. balcony or patio)
of not less than 4.65 m² (50 ft²) with no dimension less than 1.52 m (5 ft.).
(10) A garage or garden suite shall not be subject to separation from the principal dwelling through subdivision
or condominium conversion.
(11) Minimum and maximum development standards are as follows:
Use
Maximum Height*
Maximum Floor Area
Minimum Floor Area
m
ft.
m2
ft2
m2
ft2
Garage Suite
7.62
25
See Section 6
30.00
322.93
Garden Suite
5.49
18
See Section 6
30.00
322.93
*In no case shall a garage or garden suite exceed the height of the principal dwelling.
(12) Minimum and maximum development standards are as follows:
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard**
m
ft.
m
ft.
m
ft.
m
ft.
Garage Suite
See (3) above
4.57
12.5
2.29
7.5
1.52
5
Garden Suite
See (3) above
4.57
12.5
2.29
7.5
1.52
5
**In laneless subdivisions the rear yard requirement shall be 3.05 m (10 ft.).
12. ACCESSORY BUILDINGS (INCLUDING GARDEN SHEDS AND DETACHED GARAGES)
(1)
Minimum setbacks for accessory buildings including garden sheds and detached garages are as follows:
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Accessory Buildings
- interior lots
See (6) below
1.22
4
0.61
2
- laneless corner lots
See (6) below
1.52
5
1.22
4
1.22
4
- laned corner lots
See (6) below
1.52
5
1.22
4
0.61
2
Moveable Accessory
Buildings
See (6) below
See (10) below
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
(2)
No accessory building or use shall be allowed on a lot without an approved principal building or use.
(3)
Accessory structures and uses not specifically included within a development permit require a separate
development permit application.
(4)
Accessory buildings on interior lots or laneless corner lots shall not have overhanging eaves less than
0.61 m (2 ft.) from the side and rear lot line.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R1) | 6
(5)
Accessory buildings on laned corner lots shall not have overhanging eaves less than 0.91 m (3 ft.) from
the secondary front lot line and 0.61 m (2 ft.) from the rear and side lot lines.
(6)
Accessory buildings shall not be located in the front yard nor any closer to the front property line than the
principal building.
(7)
Accessory buildings shall have a minimum separation of 0.61 m (2 ft.) from the overhanging eaves of the
accessory building and the eaves of any other accessory building or structure and a minimum separation
distance of 1.22 m (4 ft.) from the overhanging eaves of a principal building or dwelling.
(8)
The exterior finish of all accessory buildings must be the same or complimentary to the principal building.
(9)
A minimum separation distance of 3.05 m (10 ft.) shall be provided between a principal building and any
accessory building or structure.
(10) Accessory buildings not over 11.15 m² (120 ft²) that are moveable or temporary in nature may be setback
from a side or rear lot line so that no portion of the building, including eavestroughing, lies on the
adjoining property. All roof drainage must be contained within the property that the said building is
situated on.
13. MINIMUM LOT LINE SETBACKS FOR OVERHANGING EAVES
The overhanging eaves of a principal building shall not be less than 0.91 m (3 ft.) from the side lot line.
14. ISSUANCE OF DEVELOPMENT PERMITS FOR TWO-UNIT DWELLINGS
When issuing development approvals for two-unit dwellings, the Subdivision and Development Authority:
(a)
shall identify the location of the lot on which development approval is sought using the designated
Residential - R1 Areas for Multi-Unit Development Calculations as shown on Map 1;
(b)
shall calculate the total area of all lots within the appropriate designated area;
(c)
shall calculate the total area of all lots on which existing multi-dwellings (including two-unit dwellings and
dwellings containing more than two units) are located within the appropriate designated area;
(d)
may issue an approval if the total lot area for the proposed multi-unit development when added to the
total lot area of existing multi-unit development would not exceed 25 percent of the total area found
within the designated block.
*Use Form J, Appendix B.
15. STANDARDS OF DEVELOPMENT
- Schedule 4
16. MOVED-IN DWELLING AND MOVED-IN BUILDING REGULATIONS
- Schedule 6
17. PREFABRICATED DWELLING REGULATIONS
- Schedule 7
18. HOME OCCUPATIONS
- Schedule 8
19. LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
20. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
21. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R2C) | 1
MANUFACTURED HOME COMMUNITY RESIDENTIAL - R2C
Purpose:
To provide an opportunity to develop a manufactured home community in accordance with an approved
comprehensive siting plan.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Dwellings:
o Single-Detached Manufactured
Accessory building, structure or use to an
approved permitted use
Day Home
Detached Garage
Garden Shed
Home Occupation 1
Shipping Container (temporary)
Sollar Collector, Attached
Dwelling, Single-detached Site Built or
Prefabricated
Community Garden
Home Occupation 2
Parks and Playgrounds
Retail Store
Short-Term Rental 2
Sign Types1: 4, 5, 12
Small Wind Energy System - Type A²
Sollar Collector, Free-Standing
Utility, Private or Public
(C) DISCRETIONARY USES - DO
Accessory building, structure or use to an
approved discretionary use
Short-Term Rental 1
Sign Types¹: 1, 2
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(D) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
2.
ELIGIBLE MANUFACTURED DWELLINGS
(1)
New factory built single-detached manufactured dwellings.
(2)
Used factory built single-detached manufactured dwellings in a state of good repair and not more than
25 years of age from the date of the passing of this bylaw.
(3)
Single-detached manufactured dwellings shall be Canadian Standards Association (CSA) certified.
(4)
All single-detached manufactured dwellings shall be registered with the Provincial Personal Property
Registration. The CSA model number and serial number shall be provided at the time of submission of a
development permit application and are required to be registered with the Town.
(5)
Application for a used single-detached manufactured home shall be accompanied by recent colour
photographs showing the complete exterior of the structure.
(6)
The quality of the completed dwelling shall be at least equal to the quality of the other dwellings in the
area.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R2C) | 2
3.
FOUNDATIONS
All single-detached manufactured dwellings shall be placed on foundations, constructed in accordance with the
latest CSA standards and shall be skirted to the satisfaction of the Development Officer.
4.
MINIMUM FLOOR AREA
Single-Detached Manufactured Dwellings - 58.06 m2 (625 ft2)
5.
MAXIMUM HEIGHT OF ACCESSORY STRUCTURES
No accessory structure shall exceed 4.88 m (16 ft.) in height above grade.
*In no case shall an accessory building exceed the height of the principal dwelling.
6.
FENCING
Any fencing of leased lots should be done only with the permission of the registered owner using as a guideline
only those standards set out in Schedule 5.
7.
DRAINAGE
All dwellings and accessory structures must have eaves and downspouts, proper site grading, and all surface
drainage must be contained on-site and directed into approved municipal infrastructure.
8.
DRIVEWAY STANDARDS
See Schedule 10: Off-Street Parking, Loading & Driveway Requirements.
9.
COMPREHENSIVE SITE PLAN
Prior to the issuance of a development permit for a manufactured home park, the Municipal Planning
Commission shall receive and adopt by resolution a comprehensive plan for the park. A comprehensive plan
shall be in accordance with, but not necessarily limited to, the following:
(1)
Aesthetics and Overall Appearance
The manufactured home park plan shall incorporate detailed aesthetic considerations such as:
(a)
substantial landscaping design of the entire park in general, and of individual sites in particular;
(b)
treatment of communal areas, both indoor and outdoor;
(c)
imaginative handling of street furniture such as lamp standards, litter bins, benches, street signs,
and accessories of this nature.
(2)
Integration with Adjoining Residential Uses
The park design and subsequent placement of single-detached manufactured dwellings on lots shall
integrate well with adjoining residential development so as not to be obtrusive.
(3)
Density
The design of the park shall be such that the net site density of the park does not exceed 20 units per ha
(8 units per acre).
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R2C) | 3
(4)
Open Space Requirements
A minimum of 10 percent of the manufactured home park area shall be developed for park use for the
enjoyment of the inhabitants.
(5)
Servicing Requirements
(a)
A qualified engineer shall be engaged at the expense of the developer to consult with the Town and
utility companies to arrive at a design for all interior servicing, including roads, drainage, grading,
sewer, water, natural gas, telephone, electrical and fire protection.
(b)
All on-site servicing shall be built to the standards and requirements of the Town of Cardston, any
applicable utility companies, and the Town of Cardston Fire Department.
(c)
Utility easements as required shall be provided within the site, and reasonable access to these
easements shall be granted to the Town Public Works Department and utility companies for the
installation and maintenance of services as required.
(6)
Internal Roads
(a)
Roads shall be provided in the manufactured home park to allow access to individual lots within the
park and to other facilities where access is required.
(b)
These roads shall be privately owned and maintained and form part of the common area.
(c)
The street system shall be designed to be compatible with existing municipal street and public utility
systems.
(d)
The street system shall provide convenient circulation by the use of local roads and properly located
collector roads within the manufactured home park. Dead-end roads shall be discouraged; however,
where design alternatives are not available, a minimum 16.50 m (54.1 ft.) radius shall be provided
for vehicle turn-around purposes. At the time of comprehensive plan submission the minimum
radius may be modified based on municipal needs and standards.
(e)
If the public roadway to access the manufactured home park is paved, then the roads within the
manufactured home park shall be paved.
(f)
A minimum right-of-way of 12.19 m (40 ft.) is required for all roads within the manufactured home
park.
(7)
Additions to Single-detached Manufactured Dwellings
(a)
Any addition to a single-detached manufactured dwelling shall be of a design and finish which will
complement the manufactured dwelling unit and the neighbouring units in the vicinity, as
determined by the Development Authority.
(b)
Additions shall be located to the rear or side of the single-detached manufactured dwelling only.
Where any lot has more than one front yard line, the front yard requirements shall apply to one yard
only and additions may be permitted in the other front yard.
(c)
Additions shall not exceed 30 percent of the floor area of a single-detached manufactured dwelling.
(8)
Storage Compound
(a)
The developer of the manufactured home park shall provide, within the park, an area to
accommodate the storage of recreational vehicles such as, but not limited to motor boats and travel
trailers.
(b)
The size of this storage compound shall be a percentage of the total site area as determined by the
Development Authority.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R2C) | 4
(c)
The storage compound shall be screened by fences, trees, landscape features, or a combination
thereof, to the satisfaction of the Development Authority, and shall be maintained in good repair.
(9)
Landscaping Standards
The developer shall provide a landscaping plan detailing the location, number and type of trees and other
aesthetically pleasing vegetation that shall be planted within the manufactured home park. The
landscaping plan should provide a park-like atmosphere and must be done to the satisfaction of the
Development Authority.
(10) Recreation and Open Space
A minimum of 10 percent of the total area of the manufactured home park shall be designated to open
space in order to accommodate recreational activities. The open space must include:
(a)
a playground for younger children; and
(b)
benches and a walkway for passive recreation.
(11) Siting Criteria
The following distances must be observed in locating a structure within a designated manufactured home
park:
(a)
A minimum of 1.52 m (5 ft.) must separate the single-detached manufactured dwelling from the
single-detached manufactured dwelling lot lines (front, rear, and side yards) except as provided for
in a comprehensive plan.
(b)
A minimum of 5.49 m (18 ft.) must separate adjacent single-detached manufactured dwellings
(driveways, garages and open porches are allowable in this space).
(c)
The distance between a single-detached manufactured dwelling stand and an abutting common area
such as a paved street or walkway or public parking area shall be 3.66 m (12 ft.).
(d)
All open porches, garages and accessory buildings shall be set back a minimum 4.57 m (15 ft.) from
the front lot line.
(e)
Accessory buildings may be located 1.22 m (4 ft.) from the single-detached manufactured dwelling
side lot line, provided structures on the adjoining parcel are 2.44 m (8 ft.) away.
(f)
Accessory buildings may be permitted with a zero lot line setback, provided they are located on the
same side of a manufactured home unit with a zero lot line placement, and it is in conjunction with
an approved comprehensive plan.
(g)
Covered decks and porches (walls, roof, etc.) shall be considered part of the principal building and
must meet the stipulated setbacks for the single-detached manufactured dwelling.
(h)
Decks must be located in the wider side yard only.
(12) Site Coverage
(a)
Any accessory building shall not occupy more than 15 percent of the total surface area of the lot, or
56 m2 (603 ft2), whichever is less.
(b)
Any and all additions shall not exceed 30 percent of the gross floor area of a single-detached
manufactured dwelling, the units shall not occupy more than 50 percent of the total surface area of
the lot.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R2C) | 5
(13) Drawings to be submitted by Applicants
(a)
Site Plan
(i)
A scaled site plan shall be submitted showing the manufactured home park and its immediate
surroundings.
(ii)
The site plan shall indicate, among other things, the mix of single-wide and double-wide
manufactured dwelling lots, the lot size dimensions, street and pavement widths, parking
stalls, location of service buildings, storage compound, playground and walkway system.
(b)
Utility Plan
(i)
The utility plan shall be based on the site plan.
(ii)
The utility plan shall indicate the location of all utilities necessary for the provision of the
following services to the area to be developed:
-
water supply (including any proposed irrigation)
-
sanitary sewer
-
storm sewer
-
power
-
natural gas
-
telephone
-
cablevision
-
street lighting
(iii)
The sizing and specifications of all utilities to be determined in consultation with the Town's
Public Works Department and the respective utility companies or agencies.
(iv)
In conjunction with the above (ii), and in relation to the storm sewer, an engineered storm
water management plan must be provided to the satisfaction of the Development Authority.
(c)
Layout Plan Showing Typical Single-detached Manufactured Home Lots
(i)
The layout plan shall indicate typical arrangement of single-detached manufactured dwellings.
(ii)
The layout plan shall also indicate parking areas and landscaping of the lot.
(d)
Landscaping Plan
A detailed landscaping plan shall illustrate the types of tree planting and ground occupy for internal
buffer strips, open space and playground areas, irrigation layout, all single-detached manufactured
dwelling lots, and entrances to the park.
(14) Garbage Enclosures
If not using Town services for garbage collection, garbage enclosures shall be properly screened to the
satisfaction of the Development Authority. Common garbage receptacle areas, if provided in the
comprehensive plan, must be suitably and effectively screened to the satisfaction of the Development
Authority.
(15) Anchoring of a Single-detached Manufactured Dwelling
Every single-detached manufactured dwelling shall be anchored in conformity with CSA standards.
(16) Park Maintenance/ Storage Uses
The design of the park shall include an area or accessory building for the use of park maintenance and
storage uses to be constructed for the care and maintenance of the park.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R2C) | 6
10. STANDARDS OF DEVELOPMENT
- Schedule 4
11. HOME OCCUPATIONS
- Schedule 8
12. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
13. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R2S) | 1
MANUFACTURED HOME SUBDIVISION RESIDENTIAL - R2S
Purpose:
To provide an opportunity for manufactured and related development on subdivided lots in those areas that are
considered suitable for such development.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Dwellings:
o Single-Detached Manufactured
Accessory building, structure or use to an
approved permitted use
Day Home
Detached Garage
Garden Shed
Home Occupation 1
Shipping Container (temporary)
Solar Collector, Attached
Dwelling, Single-Detached Prefabricated
Community Garden
Home Occupation 2
Parks and Playgrounds
Short-Term Rental 2
Sign Types1: 4, 5, 12
Small Wind Energy System - Type A2
Solar Collector, Free-Standing
Utility, Private or Public
(C) DISCRETIONARY USES - DO
Accessory building, structure or use to an
approved discretionary use
Short-Term Rental 1
Sign Types¹: 1, 2
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(D) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
2.
ELIGIBLE MANUFACTURED DWELLINGS
(1)
New factory built single-detached manufactured dwellings.
(2)
Used factory built single-detached manufactured dwellings in a state of good repair and not more than
25 years of age from the date of the passing of this bylaw.
(3)
Single-detached manufactured dwellings shall be Canadian Standards Association (CSA) certified.
(4)
All single-detached manufactured dwellings shall be registered with the Provincial Personal Property
Registration. The CSA model number and serial number shall be provided at the time of submission of a
development permit application and are required to be registered with the Town.
(5)
Application for a used single-detached manufactured home shall be accompanied by recent colour
photographs showing the complete exterior of the structure.
(6)
The quality of the completed dwelling shall be at least equal to the quality of the other dwellings in the
area.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R2S) | 2
3.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Single Detached Manufactured
12.19
40
36.58
120
445.92
4,800
All other uses
As required by the Development Authority
4.
MAXIMUM LOT SIZE
Use
Area
m2
ft2
Single Detached Manufactured
557.40
(0.05 ha)
6,000
(0.14 acre)
All other uses
As required by the Development Authority
(1)
Where a lot exceeds the maximum lot size the Development Authority shall impose an increased setback,
in accordance with administrative Section 30(2)(d), of an extent sufficient to provide for the future
resubdivision of the lot.
(2)
The above requirement shall only apply to lots that are vacant or that have not been developed, or
approved for a development, with a principal building as of the date of the passing of this bylaw.
5.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
(entrance)
Side Yard
(other)
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
m
ft.
Single Detached
Manufactured
6.10
20
3.05
10
3.05
10
1.52
5
3.05
10
All other uses
As required by the Development Authority
6.
FOUNDATIONS
All single-detached manufactured dwellings shall be placed on foundations, constructed in accordance with the
latest CSA standards and shall be skirted to the satisfaction of the Development Authority.
7.
MINIMUM FLOOR AREA
Use
Minimum Floor Area*
Single-Detached Manufactured
58.06 m2 (625 ft2)
All other uses
As required by the Development Authority
*Total floor area of all floors as measured by floors above grade or floors not more than 1.52 m (5 ft.) below grade.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R2S) | 3
8.
MAXIMUM HEIGHT OF ACCESSORY STRUCTURES
No accessory structure shall exceed 4.88 m (16 ft.) in height above grade.
*In no case shall an accessory building exceed the height of the principal dwelling unless a variance is approved.
9.
MAXIMUM SITE COVERAGE OF ACCESSORY STRUCTURES
Accessory Buildings - 12%
Any and all accessory buildings and structures shall not occupy more than 12 percent of the surface area of a
lot or 67.63 m² (728 ft²), whichever is the lesser.
10. ACCESSORY BUILDINGS (INCLUDING GARDEN SHEDS AND DETACHED GARAGES)
(1)
Minimum setbacks for accessory buildings including garden sheds and detached garages are as follows:
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Accessory Buildings
- interior lots
See (6) below
1.22
4
0.61
2
- laneless corner lots
See (6) below
1.22
4
1.22
4
- laned corner lots
See (6) below
3.05
10
1.22
4
0.61
2
Moveable Accessory
Buildings
See (6) below
See (10) below
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
(2)
No accessory building or use shall be allowed on a lot without an approved principal building or use.
(3)
Accessory structures and uses not specifically included within a development permit require a separate
development permit application.
(4)
Accessory buildings on interior lots or laneless corner lots shall not have overhanging eaves less than
0.61 m (2 ft.) from the side and rear lot line.
(5)
Accessory buildings on laned corner lots shall not have overhanging eaves less than 2.74 m (9 ft.) from
the secondary front lot line and 0.61 m (2 ft.) from the rear and side lot lines.
(6)
Accessory buildings shall not be located in the front yard nor any closer to the front property line than the
principal building.
(7)
Accessory buildings shall have a minimum separation of 0.61 m (2 ft.) from the overhanging eaves of the
accessory building and the eaves of any other structure or dwelling.
(8)
The exterior finish of all accessory buildings must be the same or complimentary to the principal building.
(9)
A minimum separation distance of 1.52 m (5 ft.) shall be provided between a principal building and any
accessory building or structure.
(10) Accessory buildings not over 11.15 m² (120 ft²) that are moveable or temporary in nature may be setback
from a side or rear lot line so that no portion of the building, including eavestroughing, lies on the
adjoining property. All roof drainage must be contained within the property that the said building is
situated on.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R2S) | 4
11. DRAINAGE
All dwellings and accessory structures must have eaves and downspouts, proper site grading, and all surface
drainage must be contained on-site and directed into approved municipal infrastructure.
12. DRIVEWAY STANDARDS
See Schedule 10: Off-Street Parking, Loading & Driveway Requirements.
13. ADDITIONS TO SINGLE-DETACHED MANUFACTURED DWELLINGS
(1)
Any addition to a single-detached manufactured dwelling shall be of a design and finish which will
complement the manufactured dwelling unit and the neighbouring units in the vicinity, as determined by
the Development Authority.
(2)
Additions shall be located to the rear or side of the single-detached manufactured dwelling only. Where
any lot has more than one front yard line, the front yard requirements shall apply to one yard only and
additions may be permitted in the other front yard.
(3)
Additions shall not exceed 30 percent of the floor area of a single-detached manufactured dwelling.
14. ELIGIBLE PREFABRICATED DWELLINGS
Proposed prefabricated dwellings shall be of a shape and design compatible with the predominant shape and
design of existing manufactured homes in the community.
15. STANDARDS OF DEVELOPMENT
- Schedule 4
16. PREFABRICATED DWELLING REGULATIONS
- Schedule 7
17. HOME OCCUPATIONS
- Schedule 8
18. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
19. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R3) | 1
LARGE LOT RESIDENTIAL - R3
Purpose:
To encourage and ensure that residential development, and related uses, occurs on those larger lots that have been
designated as suitable for such development in an attractive, orderly, economic and efficient manner.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Dwellings:
o Single-Detached - Site Built
o Single-Detached - Prefabricated
Accessory building, structure or use to an
approved permitted use
Day Home
Detached Garage
Garden Shed
Home Occupation 1
Shipping Container (temporary)
Solar Collector, Attached
Dwellings:
o Moved-In
o Garage Suite
o Garden Suite
o Semi-Detached
Child Care Facility
Community Garden
Home Occupation 2
Institutional Facilities and Uses
Parks and Playgrounds
Short-Term Rental 2
Sign Types¹: 4, 5, 12
Small Wind Energy System - Type A²
Sollar Collector, Free-Standing
Utility, Private or Public
(C) DISCRETIONARY USES - DO
Accessory building, structure or use to an
approved discretionary use
Dwellings:
o Secondary Suite
Short-Term Rental 1
Sign Types¹: 1, 2
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(D) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R3) | 2
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Single Detached Dwelling
27.43
90
44.20
145
1,212.35
(0.12 ha)
13,050
(0.3 acre)
All other uses
As required by the Development Authority
The Development Officer may approve a permitted use development on an existing registered lot if the
minimum dimensions or area are less than those specified above in Section 2.
3.
MAXIMUM LOT SIZE
Use
Area
m2
ft2
Single Detached (including suites), Semi-Detached Dwelling
2,424.69
(0.24 ha)
26,100
(0.6 acre)
All other uses
As required by the Development Authority
(1)
Where a lot exceeds the maximum lot size the Development Authority shall impose an increased setback,
in accordance with administrative Section 30(2)(d), of an extent sufficient to provide for the future
resubdivision of the lot.
(2)
The maximum lot size requirement shall only apply to lots that are vacant or that have not been
developed, or approved for a development, with a principal building as of the date of the passing of this
bylaw.
(3)
The maximum lot size requirement shall not apply to lots planned for in a statutory plan in accordance
with administrative Section 9.
4.
NUMBER OF DWELLING UNITS
The maximum number of dwelling units per parcel or site in this land use district is one (1) principal detached
dwelling plus one (1) garage, garden or secondary suite or one (1) semi-detached dwelling.
5.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Single-Detached Dwelling
9.14
30
4.57
15
3.05
10
9.14
30
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R3) | 3
6.
MAXIMUM SITE COVERAGE
(1)
Principal Building - 33%
The principal building shall not occupy more than 33 percent of the surface area of a lot. Attached garages
shall be considered as part of the principal building.
(2)
Accessory Buildings - 9%
(a)
Any and all accessory buildings and structures shall not occupy more than 9 percent of the surface
area of a lot or 120.77 m² (1,300 ft²), whichever is the lesser, where there is not a garage or garden
suite on the property.
(b)
Accessory Buildings (with a garage suite or garden suite developed on the property) - 10%
(c)
Any and all accessory buildings and structures, including garage and garden suites, shall not occupy
more than 10 percent of the surface area of a lot or 139.35 m² (1,500 ft²) of site coverage, whichever
is the lesser, where there is a garage or garden suite on the property.
(d)
In no case shall the sum of all accessory building coverage exceed the principal building coverage.
(3)
Other development shall be at the discretion of the Development Authority.
7.
MINIMUM FLOOR AREA
Use
Minimum Floor Area*
Single-Detached Dwellings
139.35 m2 (1500 ft2)
All other uses
As required by the Development Authority
*Total floor area of all floors as measured by floors above grade or floors not more than 1.52 m (5 ft.) below grade.
8.
MAXIMUM HEIGHT OF BUILDINGS
Use
Maximum Height*
Principal Dwelling
10.06 m (33 ft.)
Accessory Buildings
6.10 m (20 ft.)
All other uses
As required by the Development Authority
*In no case shall an accessory building exceed the height of the principal dwelling unless a variance is approved.
9.
DRAINAGE
All dwellings and accessory structures must have eaves and downspouts, proper site grading, and all surface
drainage must be contained on-site and/or directed into approved municipal infrastructure. In no case shall
surface drainage negatively affect adjacent properties.
10. DRIVEWAY STANDARDS
See Schedule 10: Off-Street Parking, Loading & Driveway Requirements.
11. DETACHED ACCESSORY HOUSING STANDARDS
(1)
See Schedule 5, Section 9, for Secondary Suite regulations, which are to apply to Secondary Suites in this
land use district.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R3) | 4
(2)
A garage or garden suite shall only be approved on a parcel that meets the minimum size requirements
listed in Section 2.
(3)
A garage or garden suite shall be situated to the rear of the principal dwelling and in a location, and with
an orientation, which clearly indicates the subordinance of the suite to the principal dwelling.
(4)
A garden or garage suite shall be situated no closer than 3.05 m (10 ft.) to the principal dwelling.
(5)
A garage or garden suite shall provide parking stalls in accordance with Schedule 10. Access to the parking
area shall be to the satisfaction of the Development Authority.
(6)
A garden or garage suite located on a corner lot shall not take access from the street but shall instead
share the principal front access or take access from the lane.
(7)
A garden or garage suite shall be serviced through connection to the water and sewer service for the
principal dwelling, or, at the discretion of the Development Authority, through independent connection
to municipal water and sewer infrastructure.
(8)
The following design measures shall be incorporated to the satisfaction of the Development Authority for
the purposes of preserving the privacy of adjacent properties and effectively integrating suites into the
neighbourhood:
(a)
placement of larger windows to limit overlook into neighbouring properties;
(b)
translucency (i.e. allowing the transport of light but not to the extent where image formation can be
realized) of windows where appropriate;
(c)
placement of balconies on a garage suite to face the rear lane (where one exists) or larger of the two
side yards;
(d)
balconies shall not project into a required setback;
(e)
design, materials and massing to be complimentary with the principal building and neighbouring
buildings and to maximize sunlight access for neighbouring parcels. (8)
Each garage or garden
suite shall be provided with a private outdoor amenity space (i.e. balcony or patio) of not less than
4.65 m² (50 ft²) with no dimension less than 1.52 m (5 ft.).
(9)
A garage or garden suite shall not be subject to separation from the principal dwelling through subdivision
or condominium conversion.
(10) Minimum and maximum development standards are as follows:
Use
Maximum Height*
Maximum Floor Area
Minimum Floor Area
m
ft.
m2
ft2
m2
ft2
Garage Suite
7.62
25
See Section 6
30.00
322.93
Garden Suite
5.18
17
See Section 6
30.00
322.93
*In no case shall a garage or garden suite exceed the height of the principal dwelling.
(11) Minimum and maximum development standards are as follows:
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard**
m
ft.
m
ft.
m
ft.
m
ft.
Garage Suite
See (3) above
4.57
15
3.05
10
1.52
5
Garden Suite
See (3) above
4.57
15
3.05
10
1.52
5
**In laneless subdivisions the rear yard requirement shall be 3.05 m (10 ft.).
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R3) | 5
12. ACCESSORY BUILDINGS (INCLUDING GARDEN SHEDS AND DETACHED GARAGES)
(1)
Minimum setbacks for accessory buildings including garden sheds and detached garages are as follows:
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Accessory Buildings
- interior lots
See (6) below
n/a
1.52
5
1.52
5
- laneless corner lots
See (6) below
3.05
10
1.52
5
2.29
7.5
- laned corner lots
See (6) below
3.05
10
1.52
5
1.52
5
Moveable Accessory
Buildings
See (6) below
See (10) below
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
(2)
No accessory building or use shall be allowed on a lot without an approved principal building or use.
(3)
Accessory structures and uses not specifically included within a development permit require a separate
development permit application.
(4)
Accessory buildings on interior lots or laneless corner lots shall not have overhanging eaves less than
0.61 m (2 ft.) from the side and rear lot line.
(5)
Accessory buildings on laned corner lots shall not have overhanging eaves less than 2.74 m (9 ft.) from
the secondary front lot line and 0.91 m (3 ft.) from the rear and side lot lines.
(6)
Accessory buildings shall not be located in the front yard nor any closer to the front property line than the
principal building.
(7)
Accessory buildings shall have a minimum separation of 0.61 m (2 ft.) from the overhanging eaves of the
accessory building and the eaves of any other accessory building or structure and a minimum separation
distance of 1.22 m (4 ft.) from the overhanging eaves of a principal building or dwelling.
(8)
The exterior finish of all accessory buildings must be the same or complimentary to the principal building.
(9)
A minimum separation distance of 3.05 m (10 ft.) shall be provided between a principal building and any
accessory building or structure.
(10) Accessory buildings not over 11.15 m² (120 ft²) that are moveable or temporary in nature may be setback
from a side or rear lot line so that no portion of the building, including eavestroughing, lies on the
adjoining property. All roof drainage must be contained within the property that the said building is
situated on.
13. MINIMUM LOT LINE SETBACKS FOR OVERHANGING EAVES
The overhanging eaves of a principal building shall not be less than 1.52 m (5 ft.) from the side lot line.
14. SPECIAL REQUIREMENTS FOR LOTS 1-32, BLOCK 1, PLAN 161 0008 (ALSO SEE THE FLOOD DAMAGE
REDUCTION OVERLAY DISTRICT
The following provisions apply exclusively to the lands described above. Where a matter has not been
addressed specifically in this section, the normal R3 District requirements apply.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R3) | 6
(1)
An application for development permit for any lot listed above (or a successor legal description) shall be
required to submit a site plan prepared by an Alberta Land Surveyor that stakes out and certifies the
proposed location of the building (including dwellings, detached garages and other buildings at the
discretion of the Development Authority but not including sheds and other small or portable structures)
on the site in relation to the Town's flood mapping.
(2)
As a condition of approval for a building described in subsection 2 above, the Development Authority may
require a real property report to be submitted to the Development Authority within 6-months of the
completion of the building.
(3)
An application for development permit for any lot listed above (or a successor legal description), where
any portion of lot is shown as being within the flood fringe or the high hazard flood fringe, shall be
required to incorporate flood proofing measures and evidence that these measures have been designed
and calculated by a qualified professional in accordance with best practises and the most current flood
data available.
(a)
Any flood proofing measures required by a developer (i.e. as part of an architectural control or
design review approval) shall not necessarily be construed as complete and the Development
Authority may require additional information to be provided or measures to be undertaken.
(4)
The Development Authority shall attach any or all recommended flood proofing measures, and additional
measures deemed necessary, as a condition of development permit.
(5)
In accordance with the Flood Damage Reduction Overlay (FDR) District, where any portion of a lot is
subject to the high hazard flood fringe or the flood way, no permitted uses exist, and all permitted uses
listed in the applicable district are discretionary uses.
(6)
Minimum setbacks for lots in Plan 161 0008 (or successor legal description)
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Single-Detached Dwelling
6.1
20
3.01
10
3.05
10
7.6
25
Accessory Buildings
Not allowed
3.01
10
3.05
10
7.6
25
All other uses
As required by the Development Authority
Note: In no case shall a building be located in the flood way.
Note: The front yard setback is applicable to the yard(s) adjacent to the roadway (Lot 39, Block 1, Plan 161 0008). See Schedule 13
for "Yard" definitions.
(7)
With the exception of overhanging eaves up to 0.6 m (2 ft.), no permitted projections (see Section 14 of
Schedule 4) are allowed into a front setback for buildings in Plan 161 0008 (or successor legal description).
See Schedule 13: Definitions - Flood Proofing.
15. STANDARDS OF DEVELOPMENT
- Schedule 4
16. MOVED-IN DWELLING AND MOVED-IN BUILDING REGULATIONS
- Schedule 6
17. PREFABRICATED DWELLING REGULATIONS
- Schedule 7
18. HOME OCCUPATIONS
- Schedule 8
19. LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
20. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
21. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R4) | 1
MEDIUM DENSITY RESIDENTIAL - R4
Purpose:
To provide opportunities for multi-family development, and related uses, in those areas that are considered suitable
for such development, in an attractive, orderly, economic and efficient manner.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Accessory building, structure or use to an
approved permitted use
Day Home
Detached Garage
Dwellings:
o Apartment (up to 4 units)
o Duplex
o Multi-Unit (up to 4 units)
o Rowhouse (up to 6 units)
o Semi-Detached
o Senior Citizen Housing
Garden Shed
Home Occupation 1
Shipping Container (temporary)
Solar Collector, Attached
Dwellings:
o Apartment (more than 4 units)
o Multi-Unit (more than 4 units)
o Rowhouse (more than 6 units)
o Single-Detached (existing as of the
passing of this Bylaw)
Child Care Facility
Community Garden
Home Occupation 2
Institutional Facilities and Uses
Parks and Playgrounds
Short-Term Rental 2
Sign Types¹: 4, 5, 12
Small Wind Energy System - Type A²
Solar Collector, Free-Standing
Utility, Private or Public
(C) DISCRETIONARY USES - DO
Accessory building, structure or use to an
approved discretionary use
Short-Term Rental 1
Sign Types¹: 1, 2
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(D) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R4) | 2
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Semi-Detached Dwellings
(for each side)
12.19
40
36.58
120
445.92
4,800
Apartment (per unit)
As required by the Development Authority
204.38
2,200
Duplex
18.29
60
36.58
120
668.88
7,200
Multi-Unit Dwelling (3 units)
33.53
110
36.58
120
1,226.28
13,200
Multi-Unit Dwelling (4 units)
42.67
140
36.58
120
1,560.72
16,800
Rowhouse
-
Interior unit
6.10
20
36.58
120
222.96
2,400
-
End unit
9.14
30
36.58
120
334.44
3,600
All other uses
As required by the Development Authority
3.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Duplex, Semi-Detached Dwelling
7.62
25
3.81*
12.5*
1.52
5
7.62
25
Multi-Unit Dwelling (up to 4 units),
Rowhousing
7.62
25
3.81*
12.5*
2.44
8
7.62
25
Apartment (up to 4 units)
7.62
25
3.81
12.5
3.05
10
7.62
25
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
MINIMUM YARD SETBACKS FOR A CORNER LOT
*The required secondary front yard distance on a corner
lot may be reduced by 0.15 m (0.5 ft.) for each 0.30 m
(1 ft.) that the front yard setback is increased, providing
the resulting secondary front yard setback is never less
than 2.29 m (7.5 ft.). (see diagram)
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R4) | 3
4.
MAXIMUM SITE COVERAGE
(1)
Principal Building - 40%
The principal building shall not occupy more than 40 percent of the surface area of a lot. Attached garages
shall be considered as part of the principal building.
(2)
Accessory Buildings - 10%
Any and all accessory buildings and structures shall not occupy more than 10 percent of the surface area
of a lot or 92.90 m² (1,000 ft²), whichever is the lesser.
(3)
Other development shall be at the discretion of the Development Authority.
5.
MINIMUM FLOOR AREA
Use
Minimum Floor Area*
Dwelling Unit
65.03 m2 (700 ft2)
All other uses
As required by the Development Authority
*Total floor area of all floors as measured by floors above grade or floors not more than 1.52 m (5 ft.) below grade.
6.
MAXIMUM HEIGHT OF BUILDINGS
Use
Maximum Height*
Duplex. Semi-Detached, Rowhousing, Multi-
Unit Dwelling, Apartment (up to 4 units)
10.06 m (33 ft.)
Apartment (more than 4 units)
As required by the Development Authority
Accessory Buildings
4.88 m (16 ft.)
All other uses
As required by the Development Authority
*In no case shall an accessory building exceed the height of the principal dwelling unless a variance is approved.
(1)
Buildings with more than three (3) storeys will require additional measures such as sprinkler systems to
ensure they meet provincial legislation.
(2)
An application for a building that exceeds 10.06 m (33 ft.) in height shall be circulated to the Fire
Department to ensure that adequate firefighting facilities exist to service the building's height.
7.
DRAINAGE
All dwellings and accessory structures must have eaves and downspouts, proper site grading, and all surface
drainage must be contained on-site and/or directed into approved municipal infrastructure. In no case shall
surface drainage negatively affect adjacent properties.
8.
DRIVEWAY STANDARDS
See Schedule 10: Off-Street Parking, Loading & Driveway Requirements.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R4) | 4
9.
ACCESSORY BUILDINGS (INCLUDING GARDEN SHEDS AND DETACHED GARAGES)
(1)
Minimum setbacks for accessory buildings including garden sheds and detached garages are as follows:
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Accessory Buildings
- interior lots
See (6) below
1.22
4
0.61
2
- laneless corner lots
See (6) below
1.22
4
1.22
4
- laned corner lots
See (6) below
3.05
10
1.22
4
0.61
2
Moveable Accessory
Buildings
See (6) below
See (11) below
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
(2)
No accessory building or use shall be allowed on a lot without an approved principal building or use.
(3)
Accessory structures and uses not specifically included within a development permit require a separate
development permit application.
(4)
Accessory buildings on interior lots or laneless corner lots shall not have overhanging eaves less than
0.61 m (2 ft.) from the side and rear lot line.
(5)
Accessory buildings on laned corner lots shall not have overhanging eaves less than 2.44 m (8 ft.) from
the secondary front lot line and 0.61 m (2 ft.) from the rear and side lot lines.
(6)
Accessory buildings shall not be located in the front yard nor any closer to the front property line than the
principal building.
(7)
Accessory buildings shall have a minimum separation of 0.61 m (2 ft.) from the overhanging eaves of the
accessory building and the eaves of any other accessory building or structure and a minimum separation
distance of 1.22 m (4 ft.) from the overhanging eaves of a principal building or dwelling.
(8)
Where an accessory building has a door on the rear elevation for vehicular access purposes off the lane,
a minimum setback of 1.22 m (4 ft.) shall be required.
(9)
The exterior finish of all accessory buildings must be the same or complimentary to the principal building.
(10) A minimum separation distance of 3.05 m (10 ft.) shall be provided between a principal building and any
accessory building or structure.
(11) Accessory buildings not over 11.15 m² (120 ft²) that are moveable or temporary in nature may be setback
from a side or rear lot line so that no portion of the building, including eavestroughing, lies on the
adjoining property. All roof drainage must be contained within the property that the said building is
situated on.
10. MINIMUM LOT LINE SETBACKS FOR OVERHANGING EAVES
The overhanging eaves of a principal building shall not be less than 0.91 m (3 ft.) from the side lot line.
11. DESIGN REQUIREMENTS
See Schedule 5, Section 10: Multi-Unit Dwelling Design Requirements.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R4) | 5
12. SPECIAL CONSIDERATIONS
The Development Authority, when considering an application for development in an established residential
area, shall take into consideration, among the other factors listed in this Bylaw, the following:
(a)
traffic generation and adequacy of street and lane access;
(b)
ease of utility servicing;
(c)
relative proximity to other multiple family dwellings;
(d)
proximity to and amount of open space;
(e)
compatibility of scale with surrounding dwellings and neighbourhood;
(f)
the ability of the proposed design to integrate into the neighbourhood and uphold the quality of
development in the neighbourhood.
13. STANDARDS OF DEVELOPMENT
- Schedule 4
14. MOVED-IN DWELLING AND MOVED-IN BUILDING REGULATIONS
- Schedule 6
15. PREFABRICATED DWELLING REGULATIONS
- Schedule 7
16. HOME OCCUPATIONS
- Schedule 8
17. LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
18. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
19. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R5) | 1
ESTATE RESIDENTIAL - R5
Purpose:
To establish a district to encourage and ensure that residential development, and related uses, occurs on those
expansive lots that have been designated as suitable for such development in an attractive, orderly, economic and
efficient manner.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Dwellings:
o Single-Detached - Site Built
o Single-Detached - Prefabricated
o Secondary Suite
Accessory building, structure or use to an
approved permitted use
Day Home
Detached Garage
Garden Shed
Home Occupation 1
Shipping Container (temporary)
Solar Collector, Attached
Dwellings:
o Moved-In
o Garage Suite
o Garden Suite
o Semi-Detached
Child Care Facility
Community Garden
Home Occupation 2
Institutional Facilities and Uses
Parks and Playgrounds
Short-Term Rental 2
Sign Types¹: 4, 5, 12
Small Wind Energy System - Type A²
Solar Collector, Free-Standing
Utility, Private or Public
(C) DISCRETIONARY USES - DO
Accessory building, structure or use to an
approved discretionary use
Short-Term Rental 1
Sign Types¹: 1, 2
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(D) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Single Detached Dwelling
30.48
100
60.96
200
2,424.69
(0.24 ha)
26,100
(0.6 acre)
All other uses
As required by the Development Authority
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R5) | 2
The Development Officer may approve a permitted use development on an existing registered lot if the
minimum dimensions or area are less than those specified above in Section 2.
3.
MAXIMUM LOT SIZE
Use
Area
m2
ft2
Single Detached (including suites), Semi-Detached Dwelling
8,093.45
(0.81 ha)
87,120
(2.0 acre)
All other uses
As required by the Development Authority
(1)
Where a lot exceeds the maximum lot size the Development Authority shall impose an increased setback,
in accordance with administrative Section 30(2)(d), of an extent sufficient to provide for the future
resubdivision of the lot.
(2)
The above requirement shall only apply to lots that are vacant or that have not been developed, or
approved for a development, with a principal building as of the date of the passing of this bylaw.
4.
NUMBER OF DWELLING UNITS
The maximum number of dwelling units per parcel or site in this land use district is one (1) principal detached
dwelling plus one (1) garage, garden or secondary suite or one (1) semi-detached dwelling.
5.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Single-Detached Dwelling
12.19
40
4.57
15
6.10
20
9.14
30
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
6.
MAXIMUM SITE COVERAGE
(1)
Principal Building - 27%
The principal building shall not occupy more than 27 percent of the surface area of a lot. Attached garages
shall be considered as part of the principal building.
(2)
Accessory Buildings - 7%
Any and all accessory buildings and structures shall not occupy more than 7 percent of the surface area
of a lot or 185.80 m² (2,000 ft²) of site coverage, whichever is the lesser.
(3)
Other development shall be at the discretion of the Development Authority.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R5) | 3
7.
MINIMUM FLOOR AREA
Use
Minimum Floor Area*
Single-Detached Dwellings
139.35 m2 (1500 ft2)
All other uses
As required by the Development Authority
*Total floor area of all floors as measured by floors above grade or floors not more than 1.52 m (5 ft.) below grade.
8.
MAXIMUM HEIGHT OF BUILDINGS
Use
Maximum Height*
Principal Dwelling
10.06 m (33 ft.)
Accessory Buildings
6.10 m (20 ft.)
All other uses
As required by the Development Authority
*In no case shall an accessory building exceed the height of the principal dwelling unless a variance is approved.
9.
DRAINAGE
All dwellings and accessory structures must have eaves and downspouts, proper site grading, and all surface
drainage must be contained on-site and/or directed into approved municipal infrastructure. In no case shall
surface drainage negatively affect adjacent properties.
10. DRIVEWAY STANDARDS
See Schedule 10: Off-Street Parking, Loading & Driveway Requirements.
11. DETACHED ACCESSORY HOUSING STANDARDS
(1)
See Schedule 5, Section 9, for Secondary Suite regulations, which are to apply to Secondary Suites in this
land use district.
(2)
A garage or garden suite shall only be approved on a parcel that meets the minimum size requirements
listed in Section 2.
(3)
A garage or garden suite shall be situated to the rear of the principal dwelling and in a location, and with
an orientation, which clearly indicates the subordinance of the suite to the principal dwelling.
(4)
A garden or garage suite shall be situated no closer than 4.57 m (15 ft.) to the principal dwelling.
(5)
A garage or garden suite shall provide parking stalls in accordance with Schedule 10. Access to the parking
area shall be to the satisfaction of the Development Authority.
(6)
A garden or garage suite located on a corner lot shall not take access from the street but shall instead
share the principal front access or take access from the lane.
(7)
A garden or garage suite shall be serviced through connection to the water and sewer service for the
principal dwelling, or, at the discretion of the Development Authority, through independent connection
to municipal water and sewer infrastructure.
(8)
The following design measures shall be incorporated to the satisfaction of the Development Authority for
the purposes of preserving the privacy of adjacent properties and effectively integrating suites into the
neighbourhood:
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R5) | 4
(a)
placement of larger windows to limit overlook into neighbouring properties;
(b)
translucency (i.e. allowing the transport of light but not to the extent where image formation can be
realized) of windows where appropriate;
(c)
placement of balconies on a garage suite to face the rear lane (where one exists) or larger of the two
side yards;
(d)
balconies shall not project into a required setback;
(e)
design, materials and massing to be complimentary with the principal building and neighbouring
buildings and to maximize sunlight access for neighbouring parcels.
(9)
Each garage or garden suite shall be provided with a private outdoor amenity space (i.e. balcony or patio)
of not less than 4.65 m² (50 ft²) with no dimension less than 1.52 m (5 ft.).
(10) A garage or garden suite shall not be subject to separation from the principal dwelling through subdivision
or condominium conversion.
(11) Minimum and maximum development standards are as follows:
Use
Maximum Height*
Maximum Floor Area
Minimum Floor Area
m
ft.
m2
ft2
m2
ft2
Garage Suite
7.62
25
See Section 6
30.00
322.93
Garden Suite
5.49
18
See Section 6
30.00
322.93
*In no case shall a garage or garden suite exceed the height of the principal dwelling.
(12) Minimum and maximum development standards are as follows:
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard**
m
ft.
m
ft.
m
ft.
m
ft.
Garage Suite
See (3) above
6.10
20
4.57
15
3.05
10
Garden Suite
See (3) above
6.10
20
4.57
15
3.05
10
**In laneless subdivisions the rear yard requirement shall be 6.10 m (20 ft.)
12. ACCESSORY BUILDINGS (INCLUDING GARDEN SHEDS AND DETACHED GARAGES)
(1)
Minimum setbacks for accessory buildings including garden sheds and detached garages, whether
permanent or temporary, are as follows:
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Accessory Buildings
- interior lots
See (6) below
n/a
3.05
10
3.05
10
- laneless corner lots
See (6) below
6.10
20
3.05
10
4.57
15
- laned corner lots
See (6) below
6.10
20
3.05
10
3.05
10
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
(2)
No accessory building or use shall be allowed on a lot without an approved principal building or use.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (R5) | 5
(3)
Accessory structures and uses not specifically included within a development permit require a separate
development permit application.
(4)
Accessory buildings on interior lots or laneless corner lots shall not have overhanging eaves less than
1.52 m (5 ft.) from the side and rear lot line.
(5)
Accessory buildings on laned corner lots shall not have overhanging eaves less than 4.57 m (15 ft.) from
the secondary front lot line and 1.52 m (5 ft.) from the rear and side lot lines.
(6)
Accessory buildings shall not be located in the front yard nor any closer to the front property line than the
principal building.
(7)
Accessory buildings shall have a minimum separation of 0.61 m (2 ft.) from the overhanging eaves of the
accessory building and the eaves of any other accessory building or structure and a minimum separation
distance of 1.83 m (6 ft.) from the overhanging eaves of a principal building or dwelling.
(8)
The exterior finish of all accessory buildings must be the same or complimentary to the principal building.
(9)
A minimum separation distance of 4.57 m (15 ft.) shall be provided between a principal building and any
accessory building or structure.
13. MINIMUM LOT LINE SETBACKS FOR OVERHANGING EAVES
The overhanging eaves of a principal building shall not be less than 3.05 m (10 ft.) from the side lot line.
14. STANDARDS OF DEVELOPMENT
- Schedule 4
15. MOVED-IN DWELLING AND MOVED-IN BUILDING REGULATIONS
- Schedule 6
16. PREFABRICATED DWELLING REGULATIONS
- Schedule 7
17. HOME OCCUPATIONS
- Schedule 8
18. LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
19. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
20. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RC-SL) | 1
RESIDENTIAL COMPREHENSIVELY PLANNED SMALL LOT - RC-SL
Purpose:
To provide for small residential lots in a comprehensively pre-planned development (not for isolated developments)
by way of an adopted area structure plan or conceptual design scheme in order to accommodate high-quality
development, in the form of single-detached dwellings and related uses. This District is intended primarily for rear
automobile access (off the lane) with provision for minor automobile access off the front street and employs reduced
front setbacks including front transitional/amenity spaces.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Accessory building, structure or use to an
approved permitted use
Day Home
Detached Garage
Dwellings:
o Single-Detached - Site Built
o Single-Detached - Prefabricated
Home Occupation 1
Shipping Container (temporary)
Solar Collector, Attached
Dwellings:
o Moved-In
Accessory building, structure or use to an
approved discretionary use
Child Care Facility
Community Garden
Home Occupation 2
Institutional Facilities and Uses
Parks and Playgrounds
Sign Types¹: 4, 5, 12
Small Wind Energy System - Type A²
Solar Collector, Free-Standing
Utility, Private or Public
(C) DISCRETIONARY USES - DO
Accessory building, structure or use to an
approved discretionary use
Sign Types¹: 1, 2
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(D) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Single Detached Dwelling
10.97
36
30.48
100
334.44
3,600
All other uses
As required by the Development Authority
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RC-SL) | 2
(1)
Despite the above requirements, all lots located on curves or cul-de-sacs shall have a minimum frontage
of 6.0 m (19.7 ft.).
(2)
The Development Officer may approve a development on an existing registered lot if the minimum
dimensions or area are less than those specified above in Section 2.
3.
MAXIMUM LOT SIZE
Use
Area
m2
ft2
Single Detached Dwelling
445.92
4,800
All other uses
As required by the Development Authority
Where a lot exceeds the maximum lot size the Development Authority shall impose an increased setback, in
accordance with administrative Section 30(2)(d), of an extent sufficient to provide for the future resubdivision
of the lot.
4.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS AND USES
Use
Front
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Single Detached Dwelling
See Section 5
below
2.29
7.5
1.22
4
7.62
25
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
5.
FRONT YARD DIMENSIONS & REQUIREMENTS FOR SINGLE DETACHED DWELLINGS
Front
m
ft.
Minimum to Nearest Wall Face
5.49
18
Maximum to Nearest Wall Face
7.32
24
Minimum to Nearest Amenity Space*
3.66
12
Maximum to Nearest Amenity Space*
5.49
18
*Note: For the purposes of this section amenity space means an unenclosed porch or enclosed porch with transparent (i.e. clear glass)
window coverings on the front elevation.
(1)
Each dwelling shall be furnished with a front porch or similar unenclosed amenity space of no less than
6.04 m² (65 ft²) with no dimension less than 1.83 m (6 ft.) and spanning no less than 40 percent of the
front wall face.
(2)
A garage shall not be situated closer to the front property line than the nearest wall face of the dwelling.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RC-SL) | 3
6.
MAXIMUM SITE COVERAGE
(1)
Principal Building - 35%
The principal building shall not occupy more than 35 percent of the surface area of a lot. Attached garages
shall be considered as part of the principal building.
(2)
Accessory Buildings - 15%
Any and all accessory buildings and structures shall not occupy more than 15 percent of the surface area
of a lot.
(3)
Other development shall be at the discretion of the Development Authority.
7.
MINIMUM FLOOR AREA
Use
Minimum Floor Area*
Single-Detached Dwellings
74.32 m2 (800 ft2)
All other uses
As required by the Development Authority
*Total floor area of all floors as measured by floors above grade or floors not more than 1.52 m (5 ft.) below grade.
8.
MAXIMUM HEIGHT OF BUILDINGS
Use
Maximum Height*
Principal Dwelling
10.06 m (33 ft.)
Accessory Buildings
4.88 m (16 ft.)
All other uses
As required by the Development Authority
*In no case shall an accessory building exceed the height of the principal dwelling unless a variance is approved.
9.
PRIVACY, LANDSCAPING & AMENITY SPACE
The provision of privacy for individual dwelling areas and the avoidance of likely conflict between adjacent land
uses shall be resolved through site design considerations such as building placement, visual screening and the
adequate buffering and separation of areas designed for active play or recreation activities.
10. DRAINAGE
All dwellings and accessory structures must have eaves and downspouts, proper site grading, and all surface
drainage must be contained on-site and directed into approved municipal infrastructure. In no case shall
surface drainage negatively affect adjacent properties.
11. DRIVEWAY STANDARDS
(1)
A driveway located in the front yard shall be of a clearly delineated width not less than 2.44 m (8 ft.) and
not more than 3.66 m (12 ft.), not including any tapering that does not exceed 1/3 (33%) of the length of
the driveway.
(2)
A driveway located in the front yard shall be of a length not less than 5.49 m (18 ft.).
See Schedule 10: Off-Street Parking, Loading & Driveway Requirements.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RC-SL) | 4
12. ACCESSORY BUILDINGS (INCLUDING GARDEN SHEDS AND DETACHED GARAGES)
(1)
Minimum setbacks for accessory buildings including garden sheds and detached garages are as follows:
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Accessory Buildings
- interior lots
See (6) below
0.91
3
0.61
2
- laneless corner lots
See (6) below
0.91
3
1.22
4
- laned corner lots
See (6) below
3.05
10
0.91
3
0.61
2
Moveable Accessory
Buildings
See (6) below
See (10) below
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
(2)
No accessory building or use shall be allowed on a lot without an approved principal building or use.
(3)
Accessory structures and uses not specifically included within a development permit require a separate
development permit application.
(4)
Accessory buildings on interior lots or laneless corner lots shall not have overhanging eaves less than
0.46 m (1.5 ft.) from the side and rear lot line.
(5)
Accessory buildings on laned corner lots shall not have overhanging eaves less than 2.74 m (9 ft.) from
the secondary front lot line and 0.61 m (2 ft.) from the rear and side lot lines.
(6)
Accessory buildings shall not be located in the front yard nor any closer to the front property line than the
principal building.
(7)
Accessory buildings shall have a minimum separation of 0.61 m (2 ft.) from the overhanging eaves of the
accessory building and the eaves of any other structure or dwelling.
(8)
The exterior finish of all accessory buildings must be the same or complimentary to the principal building.
(9)
A minimum separation distance of 1.52 m (5 ft.) shall be provided between a principal building and any
accessory building or structure.
(10) Accessory buildings not over 11.15 m² (120 ft²) that are moveable or temporary in nature may be setback
from a side or rear lot line so that no portion of the building, including eavestroughing, lies on the
adjoining property. All roof drainage must be contained within the property that the said building is
situated on.
13. MINIMUM LOT LINE SETBACKS FOR OVERHANGING EAVES
The overhanging eaves of a principal building shall not be less than 0.61 m (2 ft.) from the side lot line.
14. PREPLANNED/COMPREHENSIVE SUBDIVISION & DEVELOPMENT REQUIREMENTS
Applications for Subdivision shall be accompanied by, if not already included in an area structure plan or
conceptual design scheme, a comprehensive site plan and information respecting:
(1)
Development Concept - A graphic rendering of the project together with a brief written summary of the
concept and purpose of the development;
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RC-SL) | 5
(2)
Site Plans and Drawings - Site plans, drawn to an appropriate scale, should be submitted in duplicate.
Among other things, they should indicate: dimensions of all existing and proposed lots, existing and
proposed roadways and public areas, parking stalls, the location of adjoining parcels and other details
needed to describe the proposal;
(3)
Topographic Details - Topography of the site, including one metre or one-half metre contours should be
provided either on the site plan or on a separate drawing;
(4)
Contouring and Drainage - Any proposed cutting and filling or other contouring of the site should be
shown on a separate site plan. Proposed drainage of surface runoff should be detailed either on this plan
or the main site plan;
(5)
Roadways and Access - All existing and proposed public roadways, such as streets, lanes and walkways
should be shown and should include the proposed width of each as well as linkages to existing public
roads;
(6)
Development Specifications - Specifications of the actual development should include such items as:
minimum setbacks of all existing or proposed structures from lot boundaries, location, dimension and
capacity of parking, driveway access points, approximate location of buildings on each lot, height of
structures, etc.;
(7)
Services and Utilities - Information on all utilities that will be provided to the site including details
pertaining to road construction, sidewalks, curb and gutter, water supply, storm sewer, sanitary sewage
disposal, solid waste disposal are usually necessary;
(8)
Staging of Development - Proposed staging if the proposed Subdivision or Development will be
completed in two (2) or more phases. This should be described together with the purpose of the proposed
staging;
(9)
Architectural Controls - Any design standards such as type of roofing, building colours, sitting of buildings,
fencing, etc. to be complied with;
(10) Other Information - And any other information that may be required by the Development Authority to
make a recommendation.
15. STANDARDS OF DEVELOPMENT
- Schedule 4
16. MOVED-IN DWELLING AND MOVED-IN BUILDING REGULATIONS
- Schedule 6
17. PREFABRICATED DWELLING REGULATIONS
- Schedule 7
18. HOME OCCUPATIONS
- Schedule 8
19. LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
20. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
21. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RC-M) | 1
RESIDENTIAL COMPREHENSIVELY PLANNED MEDIUM DENSITY - RC-M
Purpose:
To provide for medium density residential in a comprehensively pre-planned development (not for isolated
developments) by way of an adopted area structure plan or conceptual design scheme in order to accommodate
high-quality development, in a mixture of forms including two-unit, rowhousing and small scale multi-unit dwellings
and related uses.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Accessory building, structure or use to an
approved permitted use
Day Home
Detached Garage
Home Occupation 1
Dwellings (at locations indicated on the
applicable comprehensive siting plan):
o Apartment (up to 4 units)
o Apartment (more than 4 units)
o Multi-Unit (up to 4 units)
o Multi-Unit (more than 4 units)
o Rowhouse (up to 6 units)
o Rowhouse (more than 6 units)
o Semi-Detached
o Senior Citizen Housing
Shipping Container (temporary)
Solar Collector, Attached
Community Garden
Home Occupation 2
Institutional Facilities and Uses
Parks and Playgrounds
Sign Types¹: 4, 54, 12
Small Wind Energy System - Type A²
Solar Collector, Free-Standing
Utility, Private or Public
(C) DISCRETIONARY USES - DO
Accessory building, structure or use to an
approved discretionary use
Sign Types¹: 1, 2
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(D) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
2.
MINIMUM PARCEL OR SITE SIZE PER DWELLING UNIT
Use
Area
m2
ft2
Semi-Detached Dwellings
306.57
3,300
Multi-Unit Dwellings
260.12
2,800
Rowhouse (up to 6 units)
222.96
2,400
Apartment (up to 4 units)
195.09
2,100
All other uses
As required by the Development Authority
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RC-M) | 2
The Development Officer may approve a development on an existing registered lot if the minimum dimensions
or area are less than those specified above in Section 2.
3.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS AND USES
Use
Front
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Semi-Detached Dwellings
6.1
20
3.10*
10*
1.52¹
5¹
7.62
25
Rowhouse (up to 6 units)
6.1
20
3.10*
10*
2.29¹
7.5¹
7.62
25
Multi-Unit (up to 4 units)
7.62
25
3.10
10
2.29¹
7.5¹
7.62
25
Apartment (up to 4 units)
7.62
25
3.10
10
3.10
10
7.62
25
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
¹where the primary entrance to a dwelling unit faces the side yard, the side yard setback listed above shall be increased by
1.52 m (5 ft.).
MINIMUM YARD SETBACKS FOR A CORNER LOT
*The required secondary front yard distance on a corner lot
may be reduced by 0.15 m (0.5 ft.) for each 0.30 m (1 ft.) that
the front yard setback is increased, providing the resulting
secondary front yard setback is never less than 1.52 m (5 ft.).
(see diagram)
4.
MAXIMUM SITE COVERAGE
(1)
Total Coverage - 50% inclusive of all buildings
(2)
Principal Building - 40-50%
The principal building shall not occupy more than 40-50 percent, depending on accessory building
coverage, of the surface area of a lot. Attached garages shall be considered as part of the principal
building.
(3)
Accessory Buildings - 0-10%
Any and all accessory buildings and structures shall not occupy more than 0-10 percent, depending on
principal building coverage, of the surface area of a lot.
(4)
Other development shall be at the discretion of the Development Authority.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RC-M) | 3
5.
MINIMUM FLOOR AREA
Use
Minimum Floor Area*
Dwellings Units
65.03 m2 (700 ft2)
*Total floor area of all floors as measured by floors above grade or floors not more than 1.52 m (5 ft.) below grade.
6.
MAXIMUM HEIGHT OF BUILDINGS
Use
Maximum Height*
Semi-Detached, Rowhousing
10.06 m (33 ft.)
Apartments
As required by the Development Authority
Accessory Buildings
4.88 m (16 ft.)
All other uses
As required by the Development Authority
*In no case shall an accessory building exceed the height of the principal dwelling unless a variance is approved.
(1)
Buildings with more than three (3) storeys will require additional measures such as sprinkler systems to
ensure they meet provincial legislation.
(2)
An application for a building that exceeds 10.06 m (33 ft.) in height shall be circulated to the Fire
Department to ensure that adequate firefighting facilities exist to service the building's height.
7.
PRIVACY, LANDSCAPING & AMENITY SPACE
(1)
The provision of privacy for individual dwelling areas and the avoidance of likely conflict between adjacent
land uses shall be resolved through site design considerations such as building placement, visual screening
and the adequate buffering and separation of areas designed for active play or recreation activities.
(2)
Each dwelling unit shall be provided with an outdoor amenity space not less than 5.57 m² (60 ft²) with no
dimension less than 1.52 m (5 ft.).
8.
DRAINAGE
All dwellings and accessory structures must have eaves and downspouts, proper site grading, and all surface
drainage must be contained on-site and directed into approved municipal infrastructure. In no case shall
surface drainage negatively affect adjacent properties.
9.
ACCESSORY BUILDINGS (INCLUDING GARDEN SHEDS AND DETACHED GARAGES)
(1)
Minimum setbacks for accessory buildings including garden sheds and detached garages are as follows:
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Accessory Buildings
- interior lots
See (6) below
0.91
3
0.91
3
- laneless corner lots
See (6) below
0.91
3
1.22
4
- laned corner lots
See (6) below
3.05
10
0.91
3
0.91
3
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RC-M) | 4
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
Moveable Accessory
Buildings
See (6) below
See (11) below
All other uses
As required by the Development Authority
Note: Measurements are from the respective property line to the nearest point of the building.
(2)
No accessory building or use shall be allowed on a lot without an approved principal building or use.
(3)
Accessory structures and uses not specifically included within a development permit require a separate
development permit application.
(4)
Accessory buildings on interior lots or laneless corner lots shall not have overhanging eaves less than
0.46 m (1.5 ft.) from the side and rear lot line.
(5)
Accessory buildings on laned corner lots shall not have overhanging eaves less than 2.74 m (9 ft.) from
the secondary front lot line and 0.61 m (2 ft.) from the rear and side lot lines.
(6)
Accessory buildings shall not be located in the front yard nor any closer to the front property line than the
principal building.
(7)
Accessory buildings shall have a minimum separation of 0.61 m (2 ft.) from the overhanging eaves of the
accessory building and the eaves of any other structure or dwelling.
(8)
Where an accessory building has a door on the rear elevation for vehicular access purposes off the lane,
a minimum setback of 1.22 m (4 ft.) shall be required.
(9)
The exterior finish of all accessory buildings must be the same or complimentary to the principal building.
(10) A minimum separation distance of 1.52 m (5 ft.) shall be provided between a principal building and any
accessory building or structure.
(11) Accessory buildings not over 11.15 m² (120 ft²) that are moveable or temporary in nature may be setback
from a side or rear lot line so that no portion of the building, including eavestroughing, lies on the
adjoining property. All roof drainage must be contained within the property that the said building is
situated on.
10. MINIMUM LOT LINE SETBACKS FOR OVERHANGING EAVES
The overhanging eaves of a principal building shall not be less than 0.91 m (3 ft.) from the side lot line.
11. ARCHITECTURAL CONTROL APPROVAL
Development permits may require developer's Architectural Control review and approval PRIOR to a
development permit being issued.
12. PREPLANNED/COMPREHENSIVE SUBDIVISION & DEVELOPMENT REQUIREMENTS
Applications for Subdivision shall be accompanied by, if not already included in an area structure plan or
conceptual design scheme, a comprehensive site plan and information respecting:
(1)
Development Concept - A graphic rendering of the project together with a brief written summary of the
concept and purpose of the development;
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RC-M) | 5
(2)
Site Plans and Drawings - Site plans, drawn to an appropriate scale, should be submitted in duplicate.
Among other things, they should indicate: dimensions of all existing and proposed lots, existing and
proposed roadways and public areas, parking stalls, the location of adjoining parcels and other details
needed to describe the proposal;
(3)
Topographic Details - Topography of the site, including one metre or one-half metre contours should be
provided either on the site plan or on a separate drawing;
(4)
Contouring and Drainage - Any proposed cutting and filling or other contouring of the site should be
shown on a separate site plan. Proposed drainage of surface runoff should be detailed either on this plan
or the main site plan;
(5)
Roadways and Access - All existing and proposed public roadways, such as streets, lanes and walkways
should be shown and should include the proposed width of each as well as linkages to existing public
roads;
(6)
Development Specifications - Specifications of the actual development should include such items as:
minimum setbacks of all existing or proposed structures from lot boundaries, location, dimension and
capacity of parking, driveway access points, approximate location of buildings on each lot, height of
structures, etc.;
(7)
Development Choice, Innovation & Flexibility - The comprehensive site plan should incorporate a
significant degree of variety or experimentation in such design and land use elements as parcel or site
configuration, building design efficiency, building form and the efficient design of open space areas for
specific uses. The advantage of flexibility in terms of land use is understood and shall be acceptable to a
limited degree (i.e. a particular site may be earmarked for rowhousing, senior citizen housing or
apartments);
(8)
Services and Utilities - Information on all utilities that will be provided to the site including details
pertaining to road construction, sidewalks, curb and gutter, water supply, storm sewer, sanitary sewage
disposal, solid waste disposal are usually necessary;
(9)
Staging of Development - Proposed staging if the proposed Subdivision or Development will be
completed in two (2) or more phases. This should be described together with the purpose of the proposed
staging;
(10) Architectural Controls - Any design standards such as type of roofing, building colours, sitting of buildings,
fencing, etc. to be complied with;
(11) Other Information - And any other information that may be required by the Development Authority to
make a recommendation.
13. STANDARDS OF DEVELOPMENT
- Schedule 4
14. MOVED-IN DWELLING AND MOVED-IN BUILDING REGULATIONS
- Schedule 6
15. PREFABRICATED DWELLING REGULATIONS
- Schedule 7
16. HOME OCCUPATIONS
- Schedule 8
17. LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
18. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
19. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (C1) | 1
CENTRAL COMMERCIAL - C1
Purpose:
To provide an area suited for predominantly pedestrian oriented commercial uses which will both maintain a strong
central business district and encourage the development, redevelopment, conservation and rehabilitation of the
downtown area.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Accessory building, structure or use to an
approved permitted use
Business Support Service
Convenience Store
Drive-in/Drive-through Restaurant
Financial Institutions
Home Occupation 1 (accessory to an
approved residential use in conjunction with
a commercial use)
Hotel/Motel
Medical/Health Facility
Office
Personal Services
Restaurant
Retail
Seasonal Sales
Shipping Container (temporary)
Sign Types1: 1A, 2, 3, 4, 6, 10
Solar Collector, Attached
Accessory building, structure or use to an
approved discretionary use
Amusement Facility
Automotive Sales and Service
Building Supplies Store
Club/Fraternal Organization
Equipment Sales, Rentals, and Service
Educational Institution
Funeral Home
Gas Bar
Institutional Facilities and Uses
Natural Resource Extraction (existing as of
the passing of this bylaw)
Parking Facility (stand-alone)
Pet Care Services
Residential Accommodation in conjunction
with an Approved Commercial Use
Restaurant, Licensed
Retail - Large Scale
Service Station (existing as of the passing of
this bylaw)
Shopping Centre
Short-Term Rental 1
Short-Term Rental 2
Sign Types1: 1B, 5, 8, 9, 11, 12
Single Detached Dwelling (existing as of the
passing of this bylaw)
Small Wind Energy System - Type A2
Solar Collector, Free-Standing
Utility, Private or Public
Warehouse, Retail
DISCRETIONARY USES - DO
Shipping Container (permanent) - not
including lands located in the G & C Overlay
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (C1) | 2
(C) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
All uses
4.57
15
As required by the
Development Authority
139.35
1,500
The Development Officer may approve a development on an existing registered lot if the minimum dimensions
or area are less than those specified above in Section 2.
3.
MINIMUM YARD SETBACKS
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
All uses
As required by the Development Authority
4.
MAXIMUM SITE COVERAGE
Principal Building and Accessory Buildings (all uses) - 80%
The principal and accessory buildings shall not occupy more than 80 percent of the surface area of a lot.
5.
MAXIMUM HEIGHT OF BUILDINGS
Use
Maximum Height*
Principal Building (all other uses)
13.72 m (45 ft.)
Accessory Buildings
6.10 m (20 ft.)
*See definition for Building Height.
(1)
The roofline of the principal building shall be compatible with the surrounding buildings to the satisfaction
of the Development Authority.
(2)
Roof mounted mechanical units may exceed the maximum building height provided they are concealed
by screening (i.e. parapet wall) in a manner compatible with the architectural character of the building.
6.
HIGHWAY SETBACK REQUIREMENTS
Notwithstanding other provisions contained within this Bylaw, no permanent development within this land use
district shall be allowed within 4.57 m (15 ft.) of a highway right-of-way.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (C1) | 3
7.
OUTDOOR DISPLAY OF GOODS
(1)
Outside display of goods shall be limited to examples of products, merchandise, equipment, and/or items
sold by the business or industry on the lot(s) or development site and shall be located in conformance
with Schedule 9: Landscaping and Amenity Area Standards and Guidelines.
(2)
The Development Authority may impose conditions related to screening, buffering or landscaping of any
outdoor display or sales areas.
8.
RESIDENTIAL ACCOMMODATION IN CONJUNCTION WITH AN APPROVED COMMERCIAL USE
A dwelling unit(s) may be approved where in the opinion of the Development Authority the principal use of the
property, for commercial purposes, is maintained. A dwelling unit(s) shall only be approved where the main
floor façade of the building is maintained as a storefront/commercial premise.
9.
STANDARDS OF DEVELOPMENT
- Schedule 4
10. LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
11. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
12. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (C2) | 1
DRIVE-IN/HIGHWAY COMMERCIAL - C2
Purpose:
To provide a land use district that caters to commercial uses which require both high visibility and ready access to
major thoroughfares and highways, and to ensure the compatibility of development adjacent to major
thoroughfares.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Accessory building, structure or use to an
approved permitted use
Automotive Sales and Service
Building Supplies Store
Car Wash
Convenience Store
Drive-in/Drive-through Restaurant
Garden Centre/Greenhouse, Commercial
Gas Bar
Hotel/Motel
Medical/Health Facility
Retail
Retail - Large Scale
Restaurant
Seasonal Sales
Service Station
Shipping Container (temporary)
Sign Types1: 1A, 2, 3, 4, 6, 10
Solar Collector, Attached
Warehouse, Retail
Warehouse, Wholesale
Accessory building, structure or use to an
approved discretionary use
Auto Body Repair and Paint Shop
Automotive Repair and Service
Farm/Industrial Machinery Sales, Rental
and Service
Funeral Home
Horticultural Operations or Facilities
Pet Care Services
Residential Accommodation in Conjunction
with an Approved Commercial or Industrial
Use
Restaurant, Licensed
Shopping Centre
Short-Term Rental 1
Short-Term Rental 2
Sign Types1: 1B, 5, 72, 8, 9, 11, 12
Small Wind Energy System - Type A3
Solar Collector, Free-Standing
Veterinary Clinic - Small Animal
DISCRETIONARY USES - DO
Shipping Container (permanent) - not
including lands located in the G & C
Overlay
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - Sign Type 7 (Billboard) limited to lots immediately adjacent to Highways 2 & 5.
3 - See Schedule 5, Section 13 for definition of small wind energy system types.
(C) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (C2) | 2
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
All uses
18.29
60
39.62
130
724.62
7,800
The Development Officer may approve a development on an existing registered lot if the minimum dimensions
or area are less than those specified above in Section 2.
3.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS AND USES
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
m
ft.
All Uses
9.14
30
4.57
15
4.57
15
1.52
5
7.62
25
4.
MAXIMUM SITE COVERAGE
All Buildings - 50%
The principal building and accessory buildings shall not occupy more than 50 percent of the surface area of any
lot within this land use district.
5.
MAXIMUM HEIGHT OF BUILDINGS
Use
Maximum Height*
Principal Building (All other uses)
10.06 m (33 ft.)
Accessory Buildings
6.10 m (20 ft.)
*See definition for Building Height.
6.
RESIDENTIAL ACCOMMODATION IN CONJUNCTION WITH AN APPROVED COMMERCIAL USE
A dwelling unit(s) may be approved where in the opinion of the Development Authority the principal use of the
property, for commercial purposes, is maintained. A dwelling unit(s) shall only be approved where the main
floor façade of the building is maintained as a storefront/commercial premise.
7.
STANDARDS OF DEVELOPMENT
- Schedule 4
8.
LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
9.
OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
10. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (C3) | 1
CONTROLLED COMMERCIAL - C3
Purpose:
To provide an area suited for pre-dominantly pedestrian oriented commercial uses which will both maintain a strong
central business district and encourage the development, redevelopment, conservation and rehabilitation of the
downtown area, while prohibiting residential uses.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Accessory building, structure or use to an
approved permitted use
Business Support Service
Convenience Store
Financial Institutions
Hotel / Motel
Medical/Health Facility
Office
Parking Facility
Personal Services
Restaurant
Retail
Seasonal Sales
Shipping Container (temporary)
Sign Types1: 1A, 2, 3, 4, 6, 10
Solar Collector, Attached
Accessory building, structure or use to an
approved discretionary use
Amusement Facility
Auto Body Repair and Paint Shop (existing
as of the passing of this bylaw)
Automotive Sales and Service
Building Supplies Store
Equipment Sales, Rentals, and Service
Educational Institution
Funeral Home
Institutional Facilities and Uses
Pet Care Services
Retail - Large Scale
Service Station or Gas Bar
Shopping Centre
Sign Types1: 1B, 5, 8, 9, 11, 12
Small Wind Energy System - Type A2
Solar Collector, Free-Standing
Utility, Private or Public
DISCRETIONARY USES - DO
Shipping Container (permanent) - not
including lands located in the G & C Overlay
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(C) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (C3) | 2
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
All uses
4.57
15
As required by the
Development Authority
139.35
1,500
The Development Officer may approve a development on an existing registered lot if the minimum dimensions
or area are less than those specified above in Section 2.
3.
MINIMUM YARD SETBACKS
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
All uses
As required by the Development Authority
4.
MAXIMUM SITE COVERAGE
Principal Building and Accessory Buildings (all uses) - 80%
The principal and accessory buildings shall not occupy more than 80 percent of the surface area of a lot.
5.
MAXIMUM HEIGHT OF BUILDINGS
Use
Maximum Height*
Principal Building (all other uses)
13.72 m (45 ft.)
Accessory Buildings
6.10 m (20 ft.)
*See definition for Building Height.
(1)
The roofline of the principal building shall be compatible with the surrounding buildings to the satisfaction
of the Development Authority.
(2)
Roof mounted mechanical units may exceed the maximum building height provided they are concealed
by screening (i.e. parapet wall) in a manner compatible with the architectural character of the building.
6.
HIGHWAY SETBACK REQUIREMENTS
Notwithstanding other provisions contained within this Bylaw, no permanent development within this land use
district shall be allowed within 4.57 m (15 ft.) of a highway right-of-way.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (C3) | 3
7.
OUTDOOR DISPLAY OF GOODS
(1)
Outside display of goods shall be limited to examples of products, merchandise, equipment, and/or items
sold by the business or industry on the lot(s) or development site and shall be located in conformance
with Schedule 9: Landscaping and Amenity Area Standards and Guidelines.
(2)
The Development Authority may impose conditions related to screening, buffering or landscaping of any
outdoor display or sales areas.
8.
STANDARDS OF DEVELOPMENT
- Schedule 4
9.
LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
10. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
11. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (I1) | 1
GENERAL INDUSTRIAL - I1
Purpose:
To provide for a broad range of industrial and related uses and to preserve those limited areas appropriate for
industrial use from development by lower order uses, and to encourage the efficient and orderly development of
the Town's industrial areas.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Accessory building, structure or use to an
approved permitted use
Car Wash
Contractor, Building and Trade
Contractor, Heavy Duty Equipment
Equipment Sales, Rental and Service
Farm/Industrial Machinery Sales, Rental and
Service
Railway and Railway Related Uses
Seasonal Sales
Shipping Container (permanent)
Shipping Container (temporary)
Sign Types¹: 1A, 2, 3, 4, 5, 6, 10
Small Wind Energy System - Type A³
Solar Collector, Attached
Truck Transportation Depots
Truck Wash
Utility, Private or Public
Abattoirs
Accessory building, structure or use to
an approved discretionary use
Alternative/Renewable Energy,
Commercial/Industrial
Auto Body Repair and Paint Shop
Automotive Repair and Service Shop
Building Supplies Store
Bulk Fuel Storage and Sales
Feed Mill/Grain Elevator
Fertilizer Storage and Sales
Food Processing Facility
Garden Centre/Greenhouse, Commercial
Horticultural Operations or Facilities
Industry with a Heavy Utility Demand
Kennel
Livestock Sales Yard
Manufacturing, Heavy
Natural Resource Extraction
Outdoor Recreation and Sports fields
Pet Care Services
Indoor Recreation, Private or Public
Recycling Facility
Residential Accommodation in Conjunction
with an Approved Commercial or Industrial
Use
Service Station
Sign Types¹: 1B, 7², 8, 9, 11, 12
Small Wind Energy System - Type B4
Solar Collator, Free-Standing
Sand Blasting Facility
Veterinary Clinic
Warehouse, Retail
Warehouse, Wholesale
Warehouse, Storage
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (I1) | 2
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - Sign Type 7 (Billboard) limited to lots immediately adjacent to Highways 2 and 5.
3 - See Schedule 5, Section 13 for definition of small wind energy system types.
(C) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
All uses
30.48
100
30.48
100
929.00
10,000
The Development Authority may approve a development on an existing registered lot if the minimum
dimensions or area are less than those specified above in Section 2.
3.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
All uses
7.62
25
4.57
15
3.05
10
7.62
25
Uses adjacent to Highway 501
and 1st Avenue
18.29
60
4.57
15
3.05
10
7.62
25
4.
MAXIMUM SITE COVERAGE
All Buildings - 60%
Principal buildings and accessory buildings shall not occupy more than 60 percent of the surface area of any lot
within this land use district.
5.
MAXIMUM HEIGHT OF BUILDINGS
The maximum height of all buildings shall be at the discretion of the Development Authority.
6.
OUTDOOR STORAGE
(1)
No outdoor storage shall be permitted in the required front yard setback of 7.62 m (25 ft.) or in the
required corner lot secondary front yard setback of 4.57 m (15 ft.).
(2)
Outdoor storage areas shall be effectively screened from view by buildings, solid fences, trees, landscaped
features or combinations thereof and must be maintained in good repair to the satisfaction of the
Development Authority.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (I1) | 3
7.
OUTSIDE DISPLAY OF GOODS
Outside display of goods shall be limited to examples of products, merchandise, equipment, and/or items sold
by the business or industry on the lot(s) or development site and shall be located in conformance with Schedule
9: Landscaping and Amenity Area Standards and Guidelines.
8.
LANDSCAPING REQUIREMENTS
Landscaping shall be provided on all street frontage and shall be to the satisfaction of the Development Officer
or the Municipal Planning Commission. See Schedule 9: Landscaping and Screening Standards and Guidelines.
9.
ENVIRONMENTAL SITE ASSESSMENT / ENVIRONMENTAL IMPACT ASSESSMENT
Where, in the opinion of the Development Authority, a proposed development may create an unacceptable
environmental impact and/or where there may have been historical environmental impacts (i.e. soil
contamination), an environmental site assessment and/or environmental impact assessment may be required
prior to dealing with the application.
10. STANDARDS OF DEVELOPMENT
- Schedule 4
11. LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
12. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
13. COMMERCIAL / INDUSTRIAL ALTERNATIVE RENEWABLE ENERGY DEVELOPMENTS
- Schedule 11
14. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (I2) | 1
LIGHT INDUSTRIAL - I2
Purpose:
To provide for light industrial, business park and related uses and to encourage the efficient and orderly
development of the Town's industrial areas.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Accessory building, structure or use to an
approved permitted use
Automotive Repair and Service Shop
Automotive Sales and Service
Building Supplies Store
Car Wash
Contractor, Building and Trade
Equipment Sales, Rental or Service
Garden Centre / Greenhouse
Gas Bar
Horticultural Operations or Facilities
Light Fabrication Shop
Manufacturing, Light
Machinery and Equipment Rental
Retail Uses Ancillary to an Approved Use
Seasonal Sales
Service Station
Shipping Container (permanent)
Shipping Container (temporary)
Sign Types1: 1A, 2, 3, 4, 5, 6, 10
Solar Collector, Attached
Utility, Private or Public
Warehouse, Retail
Warehouse, Wholesale
Warehouse, Storage
Accessory building, structure or use to an
approved discretionary use
Alternative/Renewable Energy,
Commercial/Industrial
Automotive Sales and Service
Educational Institution
Farm/Industrial Machinery Sales, Rental and
Service
Kennel
Manufacturing, Heavy
Recycling Facility
Residential Accommodation in Conjunction
with an Approved Commercial or Industrial
Use
Restaurant
Restaurant, Licensed
Sign Types1: 1B, 72, 8, 9, 11, 12
Small Wind Energy System - Type A and B3
Solar Collector, Free-Standing
Truck Transportation Depot
Veterinary Clinic
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - Sign Type 7 (Billboard) limited to lots immediately adjacent to Highway 2 and 5.
3 - See Schedule 5, Section 13 for definition of small wind energy system types.
(C) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (I2) | 2
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
All uses
30.48
100
30.48
100
929.00
10,000
The Development Officer may approve a development on an existing registered lot if the minimum dimensions
or area are less than those specified above in Section 2.
3.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
All Uses
7.62
25
4.57
15
3.05
10
7.62
25
4.
MAXIMUM SITE COVERAGE
All Buildings - 60%
The principal building and accessory buildings shall not occupy more than 60 percent of the surface area of any
lot within this land use district.
5.
MAXIMUM HEIGHT OF BUILDINGS
The maximum height of all buildings shall be at the discretion of the Development Authority.
6.
OUTDOOR STORAGE
(1)
No outdoor storage shall be permitted in the required front yard setback of 7.62 m (25 ft.) or in the
required corner lot secondary front yard setback of 4.57 m (15 ft.).
(2)
Outdoor storage areas shall be effectively screened from view by buildings, solid fences, trees, landscaped
features or combinations thereof and be maintained in good repair to the satisfaction of the Development
Authority.
(3)
Sites for other outdoor storage of goods, machinery, vehicles, building materials, scrap metal material,
other waste materials and other items, at the discretion of the Development Authority, may be permitted
if kept in a neat and orderly manner and/or suitably enclosed by a fence or wall or screened with
landscaping to the satisfaction of the Development Authority.
7.
OUTSIDE DISPLAY OF GOODS
Outside display of goods shall be limited to examples of products, merchandise, equipment, and/or items sold
by the business or industry on the lot(s) or development site and shall be located in conformance with Schedule
9: Landscaping and Screening Standards and Guidelines.
8.
LANDSCAPING REQUIREMENTS
Landscaping shall be provided on all street frontage and shall be to the satisfaction of the Development
Authority. See Schedule 9: Landscaping and Screening Standards and Guidelines.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (I2) | 3
9.
ENVIRONMENTAL SITE ASSESSMENT / ENVIRONMENTAL IMPACT ASSESSMENT
Where, in the opinion of the Development Authority, a proposed development may create an unacceptable
environmental impact and/or where there may have been historical environmental impacts (i.e. soil
contamination), an environmental site assessment and/or environmental impact assessment may be required
prior to dealing with the application.
10. STANDARDS OF DEVELOPMENT
- Schedule 4
11. LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
12. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
13. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (P) | 1
PUBLIC & INSTITUTIONAL - P
Purpose:
To provide for the opportunity to develop institutional, public and semi-public uses which are compatible with each
other and with adjoining uses.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Accessory building, structure or use to
an approved permitted use
Club/Fraternal Organization
Community Garden
Government Services
Hospital
Outdoor Recreation and Sports fields
Parks and Playgrounds
Indoor Recreation, Public
Religious Assembly
School
Shipping Container (temporary)
Sign Types1: 1A, 2, 4
Solar Collector, Attached
Tourist Information Services and Facilities
Utility, Public
Accessory building, structure or use to an
approved discretionary use
Child Care Facility
Cemetery
Educational Institution
Golf Course
Medical/Health Facility
Moved-In Building
Museum
Indoor Recreation, Private
Shipping Container (permanent)
Sign Types1: 1B, 3, 5, 6, 8, 9, 10, 11, 12
Small Wind Energy System - Type A and B2
Solar Collector, Free-Standing
Utility, Private
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(C) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
2.
MINIMUM LOT SIZE
All Uses - As required by the Development Authority.
3.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS
Use
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
m
ft.
All Uses
7.62
25
3.05
10
3.05
10
7.62
25
Accessory Buildings
As required by the Development Authority
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (P) | 2
4.
MAXIMUM SITE COVERAGE
All Buildings - 50%
Principal buildings and accessory buildings shall not occupy more than 50 percent of the surface area of any lot
within this land use district.
5.
MAXIMUM HEIGHT OF BUILDINGS
The maximum height of all buildings shall be at the discretion of the Development Authority.
6.
STANDARDS OF DEVELOPMENT
- Schedule 4
7.
MOVED-IN DWELLING AND MOVED-IN BUILDING REGULATIONS
- Schedule 6
8.
PREFABRICATED DWELLING REGULATIONS
- Schedule 7
9.
LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
10. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
11. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RO) | 1
RECREATION & OPEN SPACE - RO
Purpose:
To ensure the protection of public parks and open space, including municipal and environmental reserve areas in
accordance with the relevant sections of the MGA, through the regulation of the following permitted and
discretionary land uses.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Accessory building, structure or use to
an approved permitted use
Indoor Recreation, Public
Outdoor Recreation and Sports fields
Parks and Playgrounds
Recreation, Passive
Shipping Container (temporary)
Sign Types1: 1A, 2, 4
Solar Collector, Attached
Utility, Public
Accessory building, structure or use to an
approved discretionary use
Club/Fraternal Organization
Community Garden
Golf Course
Outdoor Recreation Facility
Indoor Recreation, Private
Recreational Use, Licensed
Sign Types1: 1B, 3, 5, 6, 8, 9, 10, 11, 12
Small Wind Energy System - Type A and B2
Solar Collector, Free-Standing
Utility, Private
(C) DISCRETIONARY USES - DO
Shipping Container (permanent)
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(C) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
2.
MINIMUM LOT SIZE
All Uses - 0.5 acre (0.2 ha).
3.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS
As required by the Development Authority.
4.
MAXIMUM SITE COVERAGE
As required by the Development Authority.
5.
MAXIMUM HEIGHT OF BUILDINGS
As required by the Development Authority.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (RO) | 2
6.
STANDARDS OF DEVELOPMENT
- Schedule 4
7.
LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
8.
OFF-STREET PARKING, LODING & DRIVEWAY REQUIREMENTS
- Schedule 10
9.
SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (A) | 1
AGRICULTURAL - A
Purpose:
To ensure the planned and orderly development of the fringe areas of the Town by providing an interim land use
classification for lands adjoining the built-up area of the Town, which may be subdivided and developed for urban
uses in the future but are presently agricultural or non-urbanized and to prevent disorderly, incompatible or pre-
mature development and subdivision of these lands until they are needed for orderly urban development.
1.
(A) PERMITTED USES
(B) DISCRETIONARY USES - MPC
Cultivation of Land (not including any
buildings)
Extensive Agriculture (not including any
buildings)
Shipping Container (temporary)
Solar Collector, Attached
Accessory building, structure or use to an
approved discretionary use
Bed and Breakfast
Dwellings:
o Moved-In
Farm Building and Structure
Home Occupation 2
Parks and Playgrounds
Outdoor Recreation and Sports fields
Short-Term Rental 2
Sign Types1: 1A, 1B, 2, 3, 4, 5, 6, 72, 8, 9, 10,
11, 12
Small Wind Energy System -Type A3
Solar Collector, Free-Standing
Utility, Private or Public
(C) DISCRETIONARY USES - DO
Accessory building, structure or use to an
approved discretionary use
Community Garden
Cultivation of Land
Day Home
Dwellings
o Secondary Suite
o Single-Detached - Prefabricated
o Single-Detached - Site Built
Home Occupation 1
Short-Term Rental 1
Shipping Container (permanent)
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - Sign Type 7 (Billboard) limited to lots immediately adjacent to Highway 5.
3 - See Schedule 5, Section 13 for definition of small wind energy system types.
(C) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (A) | 2
2.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
(1)
The Development Authority shall not approve a discretionary use in this district if in the opinion of the
Development Authority:
(a)
the use is likely to become a non-conforming use on subsequent reclassification of the lands in
accordance with the Municipal Development Plan, an area structure plan or area redevelopment
plan which affects the lands which are the subject of the development application; and/or
(b)
approval of the discretionary use would be premature.
(2)
The Development Authority shall ensure, to their satisfaction, that all proposed development is located
or developed so that it:
(a)
does not conflict with nor jeopardize the implementation of an adopted area structure plan or area
redevelopment plan, where either one or both of these affect the lands which are the subject of a
Development Application;
(b)
does not compromise the orderly subdivision or subsequent development of lands, including the
anticipated location of future roadways;
(c)
does not, in the case of a permitted or discretionary use, substantially conflict with the provisions of
the land use district which will likely apply, in the opinion of the Development Authority, on
subsequent reclassification of the lands.
(3)
Where a comprehensive plan or an area structure plan has not been adopted for the lands that are the
subject of a Development Application, the Development Authority may require, subject to subsection 2(4)
below, that:
(a)
a comprehensive plan or an area structure plan or both be prepared by the applicant and adopted
by Council; and
(b)
the lot or parcel which is the subject of the development permit application shall be reclassified in
the Land Use Bylaw and subdivided in accordance with the comprehensive plan or the area structure
plan; before the Development Authority considers the Development Application.
(4)
Before the Development Authority requires the preparation of a comprehensive plan or an area structure
plan, in accordance with subsection (3) above, the Development Authority shall solicit and consider the
comments of the staff of the Oldman River Regional Services Commission.
3.
MINIMUM LOT SIZE
All uses - 5 acres (2.0 ha)
4.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL AND ACCESSORY BUILDINGS
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
All uses
10.67
35
24.38
80
10.67
35
The minimum setbacks in the above table shall apply at the discretion of the Development Authority, who may
impose increased setback requirements and/or specific building siting requirements. In establishing setbacks
for principal and accessory buildings, the Development Authority shall have regard to the following:
(a)
the setbacks which may apply, in the opinion of the Development Authority, on reclassification and/or
subdivision of the lot, in the future; and
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (A) | 3
(b)
the maintenance of adequate setbacks from existing and proposed roadways, including service roadways
and lanes; and
(c)
such other matters as the Development Authority considers appropriate.
5.
MAXIMUM HEIGHT OF BUILDINGS
(1)
The maximum building height of any dwelling shall be 10.06 m (33 ft.).
(2)
The maximum height of all buildings accessory to dwelling or an agricultural use shall be 6.10 m (20 ft.).
(3)
The maximum building height of discretionary uses shall be as required by the Development Authority
having regard to the maximum building height which may apply, in the opinion of the Development
Authority, on reclassification of the lot in the future.
6.
STANDARDS OF DEVELOPMENT
- Schedule 4
7.
PREFABRICATED DWELLING REGULATIONS
- schedule 7
8.
HOME OCCUPATIONS
- Schedule 8
9.
LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
10. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
11. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (FDR) | 1
FLOOD DAMAGE REDUCTION OVERLAY DISTRICT - FDR
Purpose:
The purpose of this overlay district is to establish regulatory control over lands with a risk of flooding. The Lee Creek
channel extend through the Town of Cardston over a length of approximately 3.75 km. The creek's channel has
significant meander as it enter the town, followed by a mostly straight course with slight meanders. Lee Creek has a
relatively small catchment but can produce flash floods in high-intensity rainstorm events. Updated flood mapping
from 2019 under the Province's Flood Hazard Identification Program is based on a new survey and corresponding
analysis of the creek. While the 1:100 year flood event remains the basis of regulatory application, this study
methodology include a category for "High Hazard Flood Fringe", in accordance with the Province's new approach to
mapping flood hazard areas, as well as 1:200 year and 1:500 year depictions (not depicted on Schedule 1 but
available). This increased analysis corresponds with the heightened awareness of flooding that brought about the
Flood Recovery & Reconstruction Act (2013) which included amendment to the Municipal Government Act to
establish the ability for regulations to be made (s.693.1). The updated flood mapping is illustrated in Schedule 1.
1.
FLOOD WAY USE REGULATION
(WHERE A PARCEL IS WHOLLY OR PREDOMINATELY SUBJECT TO THE FLOOD WAY)
(A) PERMITTED USES
(B) DISCRETIONARY USES
Parks and Playgrounds
Recreation, Passive
Shipping Container (temporary)
Accessory building, structure, or use to an
approved use
Campground, Institutional
Campground, Tourist
Golf Course
Natural Resource Extraction
Outdoor Recreation and Sports Fields
Utility, Private or Public
Signs
Notes:
1 - See Schedule 12: Sign Regulations, Section 8 for definitions of sign types.
2 - See Schedule 5, Section 13 for definition of small wind energy system types.
(C) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
FLOOD FRINGE USE REGULATION
(WHERE A PARCEL IS WHOLLY OR PREDOMINATELY SUBJECT TO THE FLOOD WAY)
(A) PERMITTED USES
(B) DISCRETIONARY USES
Those uses listed as permitted in the
underlying land use district (only for parcels
of land that contain flood fringe and not
including a parcel that contains any portion
of high hazard flood fringe or flood way)
Those uses listed as discretionary in the
underlying land use district
A parcel of land that contains any high
hazard flood fringe or flood way makes any
permitted use in the underlying land use
district discretionary
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (FDR) | 2
2.
INTERFACING WITH CONVENTIONAL LAND USE DISTRICTS
In those areas adjacent to Lee Creek that are within the flood fringe, where a separate and distinct land use
district has been bestowed upon a property, the use regulation of that district applies (subject to the
restrictions listed above under "Flood Fringe Use Regulation". Additionally, all pertinent flood related
development regulations from this district apply to the development. Setbacks and all additional development
standards are at the discretion of the Development Authority with regard for flood risk and the findings of any
professional studies.
3.
MINIMUM LOT SIZE
All Uses - As required by the Development Authority.
4.
MINIMUM YARD DIMENSIONS FOR PRINCIPAL BUILDINGS
All Uses - As required by the Development Authority.
5.
DEVELOPMENT APPLICATIONS
(1)
An application for development permit for any lot that is subject to the flood fringe or the flood way may
be required to submit a site plan prepared by an Alberta Land Surveyor that stakes out and certifies the
proposed location of the building (including dwelling, detached garages and other buildings at the
discretion of the Development Authority but not including sheds and other small or portable structures)
on the site in relation to the Town's flood mapping.
(2)
As a condition of approval for a building described in subsection 2 above, the Development Authority may
require a real property report to be submitted to the Development Authority within 6-months of the
completion of the building.
6.
DEVELOPMENT REGULATIONS
(1)
The Development Authority shall not approve a development permit in this district if in the opinion of the
Development Authority the use is not proposed to be (for new developments) adequately flood proofed.
(2)
The Development Authority may allow minor renovations and repairs to an existing building (whether
structural or not) located in the flood fringe without requiring the flood-proofing of the building.
(3)
The Development Authority may allow additions to an existing building in the flood fringe providing such
additions are adequately flood-proofed, without requiring the flood-proofing of the existing portion of
the building.
(4)
No new buildings will be allowed in the floodway. Buildings in the high hazard flood fringe may be allowed
at the discretion of the Development Authority.
(5)
Before an application for a development permit is accepted for a building within the flood fringe, the
Development Officer may require that the applicant submit a report from a Registered Professional
Engineer or Architect indicating the proposed method of flood-proofing that indicates the following
factors have been incorporated in the building and lot:
(a)
Canadian Mortgage & Housing Corporation guidelines for building in flood-risk areas;
(b)
the flood-proofing of habitable rooms, electrical panels, heating units and openable windows;
(c)
basement drainage and site drainage; and
(d)
geodetic grade elevations in relation to the 1:100 year flood elevation.
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (FDR) | 3
(4)
The Development Authority must be satisfied that the proposed method of flood-proofing will be
adequate before a development permit is issued.
7.
WATERCOURSES & RIPARIAN AREAS
See Schedule 4, Section 18: Watercourses & Riparian Areas
8.
STANDARDS OF DEVELOPMENT
- Schedule 4
9.
PREFABRICATED DWELLING REGULATIONS
- Schedule 7
10. HOME OCCUPATIONS
- Schedule 8
11. LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
12. OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
13. SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (G&C) | 1
GATEWAYS & CORRIDORS OVERLAY DISTRICT - G & C
Purpose:
The purpose of this overlay district is to ensure a high aesthetic standard and a focus on design and appearance for
those lands adjacent to the principal roadway corridors that are most prominent and readily viewable when entering
or leaving the Town. The boundaries of this district shall follow those established on the map attached to this district
which is also included in Schedule 1.
1.
GATEWAYS & CORRIDORS USE REGULATION
(A) PERMITTED USES
(B) DISCRETIONARY USES
Those uses listed as permitted in the
underlying land use district
Those uses listed as discretionary in the
underlying land use district
(C) PROHIBITED USES
Any use which is not listed as either a permitted or discretionary use, or is not ruled to be a similar use to a
permitted or discretionary use in accordance with the Administration Section 33(2), is a prohibited use
2.
INTERFACING WITH CONVENTIONAL LAND USE DISTRICTS
In those areas adjacent to Highway 2 (Main Street) and Highway 5 (1st Avenue), as shown on the attached map,
that fall within this overlay district, the use and development regulations from the underlying district apply
except where differing or more particular standards are set forth in this district.
3.
DESIGN & APPEARANCE REQUIREMENTS
The Development Authority shall ensure a contextually sensitive and high quality of building design for all
developments within this overlay district by considering the following requirements and objectives in the
review of development permit applications:
(a)
exterior building materials shall be durable and of a high quality;
(b)
highly reflective exterior building materials are discouraged;
(c)
buildings shall be oriented and articulated to address the principal roadway;
(d)
building massing shall be designed to highlight the interface between individual lots and the principal
roadway, including, where possible, the minimization of building setbacks from the fronts of lots and the
placement of parking and loading areas to the sides and rear of lots;
(e)
the existing streetscape shall be considered in order to ensure contextual appropriateness and visual
continuity;
(f)
for lands located on Highway 2 (Main Street) north of Lee Creek:
(i)
a consistency with any relevant guidelines or objectives of the Cardston Main Street Project Design
Guidelines document;
(ii)
a development approach that balances the traditional focus on the automobile with recognition for
people as the main users of the built environment;
(iii) the main floor façade of the principal building shall be made up of a minimum of 25 percent
transparent surfaces as illustrated in Figure 1;
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (G&C) | 2
(g)
should blank walls (not containing any transparent surface) of the principal building be oriented to a
secondary front yard, the visual monotony shall be broken up with linear vegetation such as but not
limited to tree species such as but not limited to columnar aspen as illustrated in Figure 2;
(h)
the articulation of all street-oriented building facades shall be achieved through the incorporation of
architectural elements such as but not limited to balconies, canopies, bay windows, parapets, varying
textures, projections and recesses, awnings, and an overall increase in visual interest as illustrated in
Figure 3.
4.
LANDSCAPING, SCREENING & STORAGE REQUIREMENTS
The Development Authority shall ensure a high quality of site design for all developments within this overlay
district by considering the following requirements and objectives, in addition to the requirements of Schedule
9 (Landscaping and Screening Standards and Guidelines) in the review of development permit applications:
(a)
landscaping provides an opportunity to serve as an enhancement to the property and to provide
beautification;
(b)
landscaping should be used to provide a "focus" on a specific area of a development (i.e. an entrance) by
using more landscaping, using a certain type of plant or tree or changing the shape of a landscaping bed;
Figure 3 - an example of facade
articulation
Figure 2 - an example
of articulating blank
walls with plantings
Figure 1 - an example of
approximately 25 percent
transparent surface
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (G&C) | 3
(c)
where possible (recognizing that some developments are built to or close to the property line within the
overlay district) the Development Authority shall impose landscaping requirements as a condition of
approval for all developments within the overlay district;
(d)
all areas of a lot not covered by buildings and structures, storage, parking or roadways shall be landscaped;
(e)
the majority of required landscaping shall be concentrated in those yard(s) located adjacent to the
principal roadway;
(f)
screening shall be required adjacent to all storage, garbage enclosures and utility areas and any other
areas where screening will serve to improve the aesthetic condition of the property;
(g)
screening by way of landscaping (i.e. trees and hedges) is preferred but a solid wall or fence may be
allowed as an alternative. Where a solid wall or fence is allowed a landscaping strip shall normally be
required on the exterior side of the wall or fence;
(h)
landscaping materials shall be in accordance with Schedule 9;
(i)
a variety of appropriate landscaping materials (i.e. varying ground cover and tree/plant types) and plant
types is preferred and shall be required where necessary (i.e. to "break-up" a long monotonous strip) in
order to enhance visual interest;
(j)
a landscaping plan shall be required as part of all applications for new development or significant
redevelopment. An application for development within the overlay district shall not be considered
complete until a landscaping plan has been provided. The Development Authority may require a
landscaping plan to be professionally prepared;
(k)
for lands located on Highway 2 (Main Street), parking lots shall feature intervening landscaped strips and
shall be framed by fencing or screening vegetation.
5.
SIGNAGE
The Development Authority shall ensure a high quality of sign design for all signage within this overlay district
by considering the following requirements and objectives, in addition to the requirements of Schedule 12 (Sign
Regulations) in the review of development permit applications:
(a)
signage within the overlay district shall be architecturally integrated in order to be compatible with
surrounding development;
(b)
signage shall relate in placement and size to other building elements and should not obscure other
building elements like windows, cornices, decorative details etcetera;
(c)
for lands located on Highway 2 (Main Street) north of Lee Creek, a consistency with the guidelines in
Sections 3.4.6, 4.2.7 and 4.2.8 of the Cardston Main Street Project Design Guidelines document.
6.
STANDARDS OF DEVELOPMENT
- Schedule 4
7.
LANDSCAPING AND SCREENING STANDARDS AND GUIDELINES
- Schedule 9
8.
OFF-STREET PARKING, LOADING & DRIVEWAY REQUIREMENTS
- Schedule 10
9.
SIGN REGULATIONS
- Schedule 12
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (G&C) | 4
Town of Cardston Land Use Bylaw No. 1647
SCH 2 (DC) | 1
DIRECT CONTROL - DC
Purpose:
To provide a means whereby Council may regulate and control the use, development or subdivision or land or
buildings within a specific area of the municipality where the circumstances relating to the development or
subdivision of a site are such that regulation and control by use of a conventional land use district in this Bylaw is
inadequate considering long-range planning goals and the greater public interest.
1.
USES
Council may by Bylaw, specify permitted and/or discretionary uses and/or any prohibited uses.
2.
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 Section 40 of the
Administration Section in 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)
Subsequent to a decision, notification shall be displayed/posted in the Town Office and mailed to the
applicant.
3.
APPEAL PROCEDURE
Pursuant to Administration Section 60 and 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.
4.
MINIMUM LOT SIZE, SETBACKS, LOT COVERAGE AND BUILDING HEIGHT
As required by Council.
5.
ANY AND ALL OTHER SCHEDULES SHALL BE CONSIDERED PRIOR TO IMPLEMENTATION OF THE
SUBJECT BYLAW AND MAY INCLUDE THE FOLLOWING (AS REQUIRED BY COUNCIL):
- Standards of Development
- Schedule 4
- Use Specific Standards
- Schedule 5
- Moved-In Dwelling and Moved-In Building Regulations
- Schedule 6
- Prefabricated Dwelling Regulations
- Schedule 7
- Home Occupations
- Schedule 8
- Landscaping and Screening Standards and Guidelines
- Schedule 9
- Off-Street Parking, Loading & Driveway Requirements
- Schedule 10
- Commercial / Industrial Alternative Renewable Energy Developments
- Schedule 11
- Sign Regulations
- Schedule 12
SCHEDULE 3: DEVELOPMENT NOT REQUIRING A
DEVELOPMENT PERMIT
Town of Cardston Land Use Bylaw No. 1647
SCH 3 | 1
SCHEDULE 3: DEVELOPMENT NOT REQUIRING A
DEVELOPMENT PERMIT
1.
This Section does not negate the requirement of obtaining all required permits, as applicable, under the Safety
Codes Act and any other Provincial or Federal statute.
2.
This Section does not negate the requirement of obtaining a business license where required.
3.
The following developments shall not require a development permit:
(a)
any use or development exempted under section 618(1) of the Municipal Government Act;
(b)
any use or development exempted by the Lieutenant Governor in Council pursuant to section 618(4) of
the Municipal Government Act;
(c)
telecommunication antenna systems that are regulated by Industry Canada subject to Schedule 5: Use
Specific Standards of Development, Section 19 (Telecommunication Antenna Siting Protocols);
(d)
the completion of a building which was lawfully under construction at the date this Bylaw came into effect
provided that the building is completed in accordance with the terms and conditions of any development
permit granted;
(e)
the completion of a building that did not require a development permit under the previous land use bylaw
and which was lawfully under construction provided the building is completed within 12 months from the
date this Bylaw came into effect.
4. The following developments shall not require a development permit, provided they comply with all other
relevant provisions of this Bylaw:
(a)
the maintenance or repair of any building provided that the work does not include structural alterations
(major) or additions;
(b)
interior renovations to a building which do not:
(i)
create another dwelling unit,
(ii)
increase parking requirements,
(iii)
result in the change of use of a building, or
(iv)
increase the square footage (increase density);
(c)
a change to the exterior cladding (finish) of a building;
(d)
the temporary placement or construction of works, plants or machinery needed in connection with the
construction of a development for which a development permit has been issued for the period of those
operations;
(e)
in all land use districts the temporary placement of one shipping container in connection with the
construction of a development for which a development permit has been issued, or a project for which a
development permit is not required, for the period of the project in accordance with the following:
(i)
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
prohibited;
(ii)
in no case shall a temporary shipping container remain on-site for more than a 14 consecutive day
period and not more than two separate periods in any given calendar year provided there is at least
30 days between the last period;
Town of Cardston Land Use Bylaw No. 1647
SCH 3 | 2
(iii)
minimum yard setbacks shall be 0.91 m (3 ft.); and
(iv)
shipping container must be removed immediately upon completion of construction;
(f)
any accessory storage building, garden shed or structure placed on a lot which is 10 m2 (107 ft2) or less in
area and that is not on a permanent foundation;
(g)
the demolition of a building (see Schedule 4, Section 16 for potential security deposit requirement);
(h)
the erection, maintenance or alteration of a fence, gate, wall, hedge or other means of enclosure that
does not exceed the maximum height requirement established in Schedule 5: Fences and Hedges, and
the maintenance, improvement or other alterations of any yard gates, fences, walls or other means of
yard enclosure;
(i)
landscaping that was not required as part of the original development permit;
(j)
lot grading where the prevailing drainage patterns are not altered and adjacent landowners are not
negatively affected;
(k)
any satellite dish less than 1 m (3.3 ft.) in diameter;
(l)
temporary outdoor swimming pools and above ground hot tubs smaller than 9.29 m2 (100 ft2) or portable;
(m) excavation, grading or stripping provided it is part of a development for which a development permit has
been issued or is addressed in a signed Development Agreement with the Town of Cardston;
(n)
stockpiling on the same parcel that is undergoing excavation, grading or stripping;
(o)
the construction of uncovered decks or patios less than 0.61 m (2 ft.) above grade (a covered deck or patio
shall require a development permit);
(p)
any signs stated in Schedule 12: Sign Regulations, Section 5 (Signs Not Requiring A Permit);
(q)
a Home Occupation 1 as defined in Schedule 8: Home Occupations;
(r)
seasonal sales that are not permanent, but may require a Town of Cardston Business License, (e.g.
farmer's market, fruit and vegetable stands, Christmas tree sales, etc.) if in the opinion of the
Development Authority, such sales, activities and special events would not adversely affect:
(i)
parking,
(ii)
traffic flow,
(iii)
the appearance of the site,
(iv)
public safety, and/or
(v)
the seasonal outside sale, activity or special event is in operation for a period not to exceed 30 days;
(s)
temporary structures associated with an event or festival sanctioned by the Town of Cardston;
(t)
a day home as defined in Schedule 13: Definitions;
(u)
in the Agricultural - AG land use district the cultivation of land or extensive agriculture use;
(v)
a privacy wall no greater than 2.0 m (6.5 ft.) above the grade of a balcony, deck or patio;
(w) the maintenance or repair of public works, services and utilities on publicly owned or administered land
carried out by or on behalf of federal, provincial, municipal or public authorities or private utilities under
special agreement with the Town;
(x)
the installation of new utilities for distribution purposes as part of an approved development;
(y)
projects related to the following (including new installations, additions or renovations) that are carried
out by or on behalf of the Town of Cardston:
(i)
roads and traffic management projects;
Town of Cardston Land Use Bylaw No. 1647
SCH 3 | 3
(ii)
sewage treatment plan, water treatment plant, utility lines;
(iii)
landscaping, parks, playground equipment.
5. If there is a question as to whether a development permit is required for a particular use, the matter shall be
referred to the Municipal Planning Commission for a determination.
SCHEDULE 4: STANDARDS OF DEVELOPMENT
Town of Cardston Land Use Bylaw No. 1647
SCH 4 | 1
SCHEDULE 4: STANDARDS OF DEVELOPMENT
Except for more specific, alternative, or contradictory standards as may be set forth within an individual land use
district or schedule, the following standards apply to all uses in all districts.
1.
STATUTORY PLANS
Where the policies, rules or procedures indicated in a statutory plan vary, supplement, reduce, replace or
qualify the requirements of this Bylaw for a particular district or districts, the policies, rules or procedures
indicated in the Statutory Plan shall take precedence.
2.
QUALITY OF DEVELOPMENT
The Development Authority may impose reasonable conditions on a development permit if it will make the use
or development more consistent with the purpose of the land use district or with an adopted Statutory Plan.
3. DESIGN AND ORIENTATION OF BUILDINGS, STRUCTURES AND SIGNS
(1)
The design, character and appearance of buildings, structures or signs shall be consistent with the intent
of the land use district in which the building is located and compatible with other buildings in the vicinity.
(2)
The Development Authority may regulate the exterior finish of buildings, structures or signs to improve
the quality of any proposed development within any land use district.
(3)
The maximum allowable height above the average finished surface level of the surrounding ground of the
exposed portion of a concrete or block foundation may be limited by the Development Authority.
(4)
Subject to the requirements of the Safety Codes, the Development Authority may require that buildings
be physically accessible to disabled persons.
(5)
If a building is to be located on a lot with more than one street frontage or on a lot with potential for
further subdivision, the Development Authority may regulate the orientation and location of the building
as a condition of development approval.
4.
ACCESS AND LANES (SEE SCHEDULE 10 FOR DRIVEWAY & PARKING STANDARDS)
(1)
Road and street access shall be as required and at the discretion of the Development Authority.
(2)
All lane development shall be governed by the following guidelines:
(a)
Commercial and Industrial - new subdivisions for these uses shall have a 9.14 m (30 ft.) lane system
wherever lanes are established.
(b)
In commercial and industrial existing areas where lane systems do not have 9.14 m (30 ft.) lanes,
Council shall, whenever reasonable opportunities become available, expand these lanes to a 9.14 m
(30 ft.) lane.
(c)
All new residential subdivisions which are designed with lanes, and wherever possible, shall have
6.10 m (20 ft.) lanes.
(3)
Existing blocks which do not have a lane system, may develop a lane system providing:
(a)
all owners involved agree to the proposal;
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(b)
the owners shall provide the land required and pay all technical, legal and administrative expenses
required to create the said lane;
(c)
lane width wherever possible shall be 6.10 m (20 ft.), but may be less if agreed to by all parties
involved, and the town.
(i)
Existing lanes shall be developed on their existing property lines, unless all property owners
involved present a plan for the alteration of its use that is compatible to all owners involved,
and provides acceptable access by the Town of Cardston for servicing of utilities and drainage
that may be involved in the area concerned, and is also acceptable to any other agency or
company who has or may require servicing through the lane, which plan may then be
approved by the Town of Cardston.
(ii)
Existing lanes that provide no drainage or utilities services, and it is evident that they will never
be required for such services, may be legally closed, and the land redistributed among the
adjoining property owners, provided all property owners who are or may be affected agree to
the said closing, and provided all cost connected with the acquisition, closure and
redistribution of the land is borne on an equitable basis by the property owners who received
the land.
(iii)
No permanent buildings shall be permitted to be constructed on any portion of a lane.
(iv)
Permitted lane usage shall not imply ownership as all lanes, unless legally closed and sold,
remain the property of the Crown, under the control of the town.
(v)
Lanes which are being used in part or in total by adjoining landowners are subject to partial
or total reopening whenever a legitimate need arises from adjoining landowners, or the Town
of Cardston, or a Utilities Agent or Company.
5.
REDUCED LOT AREA AND DIMENSION
The Development Authority may, at its discretion, approve a development on an existing registered lot the
minimum dimensions or area of which are less than those specified in Schedule 2.
6.
CORNER LOT CUT-OFF YARD DIMENSIONS
Where a laneway or roadway has reduced the size of a lot by cutting off a corner of the lot the minimum yard
dimensions shall apply to the portions of the lot that have not been cut-off by the laneway or roadway. See
Figure 4.1.
Figure 4.1: Corner Cut-off Lot Minimum Yard Dimensions
X = minimum yard dimension (arrows indicate measurement location)
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7.
CLEAR VISION TRIANGLE FOR CORNER LOTS (ALL USES)
On a corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially
impede vision between a height of 0.91 m (3 ft.) and 3.05 m (10 ft.) above the centre line grades of the
intersecting streets in the area bounded by the curb (or where there is no curb, the physical road) of such
corner lots and a line joining points along the said property lines 12.19 m (40 ft.) from the point of intersections.
This restriction may apply in the C1 district at the discretion of the Development Authority.
8.
RESIDENTIAL PRINCIPAL BUILDING/USE YARD SETBACKS
The Development Authority may waive the minimum required yard setback requirement in a well-established
residential area if, in its opinion:
(a)
the proposed setback is in accordance with (or similar to) the existing and prevailing neighbourhood yard
pattern;
(b)
the building and its proposed location (inclusive of any existing or proposed additions) is compatible with
the form, scale and massing of surrounding dwellings; and
(c)
the proposal complies with the appropriate section of the Land Use Bylaw specifying any and all
requirements in considering Applications Requiring Waivers (Variance).
9.
INFILL DEVELOPMENT
The requirements of this Section apply to all areas of Town that are considered established in accordance with
the definition of Infill Development. Infill development is expected to be designed in a contextually sensitive
manner and shall adhere to the relevant policies in the Municipal Development Plan.
Applications for infill development shall provide, in addition to the normal application requirements set forth
in this bylaw:
(a)
a detailed proposal regarding any grading, stripping, stockpiling or excavation that may take place,
including:
(i)
existing and proposed grades for the lot to be developed,
(ii)
existing grades for each adjacent lot,
(iii)
location(s) for the stockpiling of materials to be moved through stripping and/or grading;
(b)
the setbacks of development on each adjacent lot;
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(c)
a strategy for the minimization of dust, noise and other nuisances during the development;
(d)
measures to be taken to ensure surface drainage of adjacent properties and/or public rights-of-way is not
unduly affected during or after the development; and
(e)
any other matters deemed appropriate by the Development Authority.
10. RETAINING WALLS, GRADING & STORMWATER MANAGEMENT
(1)
The Development Authority may require the construction of a retaining wall as a condition of a
development permit if, in their opinion, significant differences in grade exist or will exist between the
parcel being developed and adjacent parcels.
(2)
The Development Authority may require special grading and/or paving to prevent surface drainage
problems with neighbouring lots as a condition of a development permit.
(3)
The Development Authority may require, at the time of application of as a condition of a development
permit, engineered grading and drainage plans and legal survey demonstrating that engineered grades
have been met.
(4)
Roof and surface drainage shall be directed either to the public roadway fronting the property, or as
approved by the Development Authority, to a rear or side property boundary or as approved in an
engineered stormwater management plan.
11. REFUSE COLLECTION AND STORAGE
(1)
Refuse and garbage shall be kept in suitable containers or permanent enclosures.
(2)
Permanent refuse and garbage storage areas and enclosures shall be effectively screened from public
view.
(3)
All refuse on any construction site shall be properly screened or placed in an approved enclosure until
removed for disposal.
(4)
In all non-residential land use districts, refuse and garbage holding areas, enclosures, and compaction
areas are to be located a minimum of 7.62 m (25 ft.) from an adjacent residential use.
12. LANDSCAPING STANDARDS AND SCREENING
Refer to Schedule 9: Landscaping and Screening Standards and Guidelines.
13. LIGHTING
(1)
Where artificial outdoor lighting is provided to illuminate any parcel, building or site, the type, location
and orientation of lighting shall:
(a)
avoid direct illumination of the neighbouring properties;
(b)
not adversely affect the use, enjoyment and privacy of any dwelling; and
(c)
not interfere with traffic safety on public roadways.
(2)
Site lighting may be required as a condition of development and any such lighting shall be located,
oriented and shielded to the satisfaction of the Development Authority so as not to adversely affect
neighbouring properties or traffic safety on public roadways.
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14. PERMITTED PROJECTIONS INTO SETBACKS
(1)
In no circumstances shall any part of any structure encroach or cause runoff onto an adjoining property.
(2)
The following features may, subject to the relevant provisions of Safety Codes, project or encroach into
the minimum required yard setbacks under this Bylaw:
(a)
unenclosed steps or unenclosed fire escapes to a maximum of 2.00 m (6.5 ft.) into a front or rear
yard and 0.91 m (3.0 ft.) into a side yard;
(b)
a wheelchair ramp to a maximum of 3.05 m (10 ft.);
(c)
fences in accordance with the applicable land use district and Section 6 (Clear Vision Triangle for
Corner Lots);
(d)
driveways, curbs and sidewalks;
(e)
off-street parking in accordance with the applicable land use district and Section 6 (Clear Vision
Triangle for Corner Lots);
(f)
service meters;
(g)
mailboxes;
(h)
landscaping, fish ponds, ornaments, flagpoles [less than 4.57 m (15 ft.) in height], or other similar
landscaping features in accordance with Section 6 (Clear Vision Triangle for Corner Lots);
(i)
signs, in accordance with Schedule 12: Sign Regulations;
(j)
uncovered decks to a maximum of 3.05 m (10 ft.) into a rear yard in the RC-SL District;
(k)
uncovered decks to a maximum of 1.52 m (5 ft.) into a rear yard in all other residential districts;
(l)
balconies that are unenclosed to a maximum of 1.83 m (6 ft.) into a rear yard;
(m) privacy walls less than 2.00 m (6.5 ft.) above the top of the finished floor elevation/grade of a
balcony, deck or patio may encroach the same distance as the approved balcony, deck or patio (as
applicable).
(3)
The portions of an attachment to a principal building which may project over a required yard setback are
as follows:
(a)
eaves, fireplace chases, bay windows, belt courses, cornices, sills, temporary awnings or other
similar architectural features may project:
(i)
a maximum of 0.61 m (2 ft.) over a side yard setback, and
(ii)
a maximum of 1.22 m (4 ft.) over a front or rear yard setback.
(4)
In a front yard, cantilevers not exceeding 40 percent of the front wall area may encroach a maximum of
0.61 m (2 ft.).
(5)
In a side yard, cantilevers may encroach a maximum of 0.61 m (2 ft.) where the projection does not exceed
40 percent of one side wall and 20 percent of the other.
(6)
In a rear yard, cantilevers may encroach a maximum of 0.61 m (2 ft.).
(7)
In all cases, projections into any required setback must comply with the requirements of the Safety Codes
Act.
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15. EXTERIOR BUILDING FINISHES
The Development Authority may require that specific finishing materials and colour tones be utilized in order
to maintain the compatibility of any:
(a)
renovations or new development with that of surrounding buildings;
(b)
additions or accessory buildings and structures with the existing buildings on the same lot.
16. CONSTRUCTION/DEMOLITION DAMAGE DEPOSIT
(1)
A refundable security fee for sidewalks in the amount of $500.00 may be required, at the discretion of
the Development Authority, to ensure that already constructed sidewalks are not destroyed when
construction or demolition occurs on a lot.
(2)
If damage does occur the Town will use the security fee for the replacement and/or repair costs and the
owner and/or applicant will be responsible for any additional costs (over and above $500) to repair the
sidewalk to its previous condition.
(3)
If a security fee has not been taken by the Town and damage has occurred to municipal infrastructure,
the Town may invoice the owner for any and all damages.
17. SERVICING REQUIREMENT
All residential, industrial and commercial buildings shall be required to connect to municipal water supply,
storm sewer and sanitary sewer systems where the municipal services are, in the opinion of the Development
Authority, reasonably available.
18. WATERCOURSES AND RIPARIAN AREAS
The Development Authority may place development related conditions, including setbacks, on an application
for development approval that may impact a watercourse, riparian area, and/or environmentally significant
areas in accordance with the management practises outlined in "Stepping Back from the Water" (Government
of Alberta, September 2012).
19. DEVELOPMENT OF LANDS SUBJECT TO SUBSIDENCE OR FLOODING
If in the opinion of the Development Authority, land upon which development is proposed is subject to
subsidence or flooding, the Development Authority may require the applicant to submit a structural building
plan prepared and sealed by a qualified professional engineer, and/or a slope stability analysis, and/or
geotechnical report, and/or flood mapping prepared by a qualified professional engineer demonstrating that
any potential hazards can be mitigated.
SCHEDULE 5: USE SPECIFIC STANDARDS
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SCH 5 | 1
SCHEDULE 5: USE SPECIFIC STANDARDS
The standards in this Part establish additional requirements for specific principal uses or structures and accessory
developments. The General Development Standards in Schedule 4 and the requirements of the applicable land use
district also apply unless otherwise stated.
1.
CHILD CARE FACILITIES
All child care facilities may be approved subject to the following conditions and requirements:
(a)
an applicant for a child care facility is encouraged to meet and consult with all adjacent land owners in
the vicinity of where the use is proposed and to submit a summary of consultation as part of a
development permit application;
(b)
in any residential district, no exterior alterations shall be undertaken to a dwelling or former dwelling
which would be inconsistent with the residential character of the building or property;
(c)
all signage must comply with Schedule 12: Sign Regulations;
(d)
request for more than one sign or a sign greater than 0.74 m2 (8 ft2) requires a separate development
permit application;
(e)
the use shall not generate traffic problems within the district;
(f)
requires a minimum of one (1) on-site parking space per employee at the use at any given time;
(g)
requires a minimum of one (1) on-site pick-up and drop-off space for every 10 children and the location
of passenger loading zones for child care facilities may be specified as a condition of a development
permit;
(h)
must have screening for any outdoor play areas to the satisfaction of the Development Authority;
(i)
all applications for child care facilities shall, as a condition of approval, obtain the necessary approvals
required from regulatory agencies.
2.
SHORT-TERM RENTALS
General
(1)
Short-Term Rentals are characterized by the advertising and management of a dwelling unit as temporary
rental accommodation, or vacation rental, where the intent is for the occupant to stay for a term not
exceeding 30 days rather than using the property as a permanent owner-occupied residence or traditional
long-term rental;
(2)
a Short-Term Rental may be allowed only in a land use district where the use is specifically listed, and no
other uses shall be interpreted to be "similar uses";
(3)
the Development Officer shall maintain an inventory in the form of a map of all approved Short-Term
Rentals which shall serve as reference information for the consideration of new discretionary use Short-
Term Rental applications and for the broader monitoring of the land use and its impact on the community
(including the rental housing market);
(4)
the operator of a Short-Term Rental shall be made aware, through the issuance of a development permit,
of their responsibility to comply with any relevant provincial rules and regulations, including but not
limited to the Safety Codes Act, Public Health Act, the application of the provincial tourism levy, as well
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SCH 5 | 2
as applicable municipal bylaws, and the operator will be required to show verification of the same when
requested by the Development Authority;
Standards
Where approved, Short-Term Rentals shall be developed and operated in accordance with the following
regulations:
(5)
parking shall be provided as required under Schedule 10, and a parking layout plan shall be submitted
with an application for a development permit that clearly depicts the location and dimensions of the
parking areas on the property;
(6)
a recreational vehicle (RV) shall not be used as accommodation for a Short-Term Rental nor the
owner/operator of a Short-Term Rental;
(7)
the exterior appearance of a Short-Term Rental shall not be altered to make the residential dwelling
significantly stand-out or be readily recognized as a commercial accommodation with the exception of
limited signage as provided for in this Bylaw;
(8)
the maximum occupancy for a Short-Term Rental 1 is six (6) occupants. A Short-Term Rental proposing
more than 6 occupants is classified as a Short-Term Rental 2. The Maximum occupancy of a Short-Term
Rental 2 is ten (10) occupants, which is inclusive of all rental units within a building. Notwithstanding the
maximum occupancy stated above, the Development Authority may limit the maximum occupancy of a
Short-Term Rental on a case-by-case basis as it sees fit;
(9)
not more than one (1) rental unit is allowed within a Short-Term Rental 1. Where an application proposes
more than 1 rental unit within a building, the use shall be classified as a Short-Term Rental 2;
(10) Short-Term Rentals shall not interfere with the rights of residential neighbours to the quiet enjoyment of
their property in accordance with the Town of Cardston Good Neighbour Bylaw;
(11) the Development Authority may, at its discretion, place any conditions it deems reasonable on a
development permit application for a Short-Term Rental to manage potential impacts to neighbours
and/or to ensure the use is operating within the standards of this Bylaw, or refuse an application for a
Short-Term Rental if in its opinion the use would interfere with the amenities of the neighbourhood or
materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land;
(12) the owner/operator of the Short-Term Rental shall provide the personal contact information for the
operator of the Short-Term Rental to the Development Authority that is kept accurate and up to date
during the operation of the Short-Term Rental;
(13) signage associated with a Short-Term Rental shall be submitted as part of the development permit
application and shall be limited to:
(a)
one window sign no more than 0.4 m² (4 sq. ft.) in area or
(b)
one freestanding sing no more tha 1.5 m (5 ft.) above ground and no more than 0.4 m² (4 sq. ft.) in
area.
Posting Requirements
The owner/operator of a Short-Term Rental shall maintain and post in a conspicuous place visible to guests
within the Short-Term Rental:
(14) a copy of their development permit which indicates the maximum occupancy of the rental unit;
(15) a valid business license; and
(16) the up-to-date contact information of the operator of the Short-Term Rental.
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3.
AIR CONDITIONERS - FREESTANDING
A freestanding exterior air conditioner shall not be located in a front yard (not including the secondary front
yard of a corner lot) or located less than 0.91 m (3 ft.) from a side or rear property boundary.
4.
FENCES AND HEDGES
(1)
In all residential districts no fence, wall, hedge or other means of enclosure greater than 0.91 m (3 ft.) in
height, or any combination thereof shall be erected in any front yard area without a development permit
from the Development Authority. The front yard is that portion of the yard that lies between the front
lot line and the nearest portion of the principal building.
(2)
In all residential districts fences, walls, hedges or other means of enclosure in the secondary front, rear
and side yard shall be no more than 1.83 m (6 ft.). See Figure 5.1.
(a)
notwithstanding the above, the Development Officer may approve an over height fence not
exceeding 2.43 m (8 ft.) in a secondary front, rear, or side yard, where in the opinion of the
Development Officer there is a demonstrated need for an over height fence (ie. deer fence)
(b) the over height fence is to be not less than 50% transparency (ie. lattice, screen).
(3)
Fencing shall not be permitted to be constructed within any developed or undeveloped roadway or
laneway right-of-way. Removal of such fencing will be at the property owner's expense.
(4)
Subdivision perimeter fencing is subject to the approval of the Development Authority.
(5)
The Development Authority may regulate the types of materials and colours used for a fence.
(6)
Refer also to Section 6 for Clear Vision Triangle for Corner Lots.
(7)
The height, type and location of a fence in any non-residential land use district shall be to the satisfaction
of the Development Authority.
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SCH 5 | 4
Figure 5.1 - Fence Height Provisions
Green area fence height no more than 0.91 m (3 ft.)
Blue area fence height no more than 1.83 m (6 ft.)
5.
DECKS, AMENITY SPACES AND PRIVACY WALLS
(1)
A development permit is required for the construction of any deck more than 0.61 m (2 ft.) above grade
in height. Deck height is measured from the finished grade to the finished floor grade of the deck.
(2)
For the purpose of calculating yard setbacks and site coverage requirements as provided in this Bylaw,
where a structure is attached to the principal building by a roofed structure (open or enclosed), it shall be
deemed to be part of the principal building and must meet the required side and rear yard setbacks.
(3)
A patio means an unenclosed (no roof or walls) amenity area of concrete, brick, wood, or other material
that is constructed at grade, and does not exceed 0.61 m (2 ft.) and may or may not be attached to a
dwelling.
(4)
A deck means an uncovered horizontal structure with a surface height greater than 0.61 m (2 ft.) above
grade at any point, but generally no higher than the first storey floor level, and is intended for use as a
private outdoor amenity space.
(5)
A privacy wall shall be no greater than 2.00 m (6.5 ft.) above the grade of a balcony, deck or patio.
(6)
Where a development permit is required for construction of a privacy wall (see Schedule 3: Development
Not Requiring a Development Permit), the Development Authority may regulate the materials and/or
exterior finish.
6.
BALCONIES, VERANDAS AND PORCHES
(1)
A balcony shall not project more than 1.83 m (6 ft.) from a building facade and shall adhere to the
preferred design style in Figure 5.2 at the discretion of the Development Authority. For semi-detached
dwellings, no separation from a party wall property line is required for a balcony where a privacy wall
extends the full depth of the balcony.
(2)
Where any building or structure is attached to a principal building by:
(a)
a roof structure (open or enclosed) above grade;
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SCH 5 | 5
(b)
a floor or foundation which is above grade; or
(c)
any structure below grade allowing access between the buildings, such as a parking garage or a
corridor or passageway connecting the buildings;
it is considered to be part of the principal building and shall be considered in calculating site coverage and
shall adhere to minimum yard setback requirements (unless specifically permitted to encroach).
(3)
Verandas and porches shall comply with the minimum required front yard setback (dimensions) as per
the applicable land use district (unless specifically permitted to encroach).
7.
GAS BARS, SERVICE STATIONS AND BULK FUEL STORAGE AND SALES
(1)
Notwithstanding the District Regulations, a use pursuant to this Section shall not be located on sites
which, in the opinion of the Development Authority, would be considered unsafe in terms of vehicle
circulation, and access and egress from the site.
Site Area (Minimum)
(2)
Site Area (Minimum):
(a)
Gas Bar: 1,200 m2 (12,917 ft2)
(b)
Service Station: 1,500 m2 (16,146 ft2)
(c)
Gas Bar or Service Station including Car Wash: 2,700 m2 (29,063 ft2)
(d)
Where a service station or gas bar forms part of a shopping centre, the area containing the service
station or gas bar buildings and pump areas: 1,000 m2 (10,764 ft2)
(e)
Where a service station or gas bar is combined with a convenience store: 1,200 m2 (12,917 ft2)
(f)
Bulk Fuel Storage and Sales: 2,700 m2 (29,063 ft2)
Setback of Buildings and Structures
(3)
The Provincial Plumbing and Gas Safety Services Branch shall approve the proposed location(s) and design
of all fuel storage tanks prior to application for a development permit.
Figure 5.2 - Preferred balcony design style
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(4)
Fuel storage tanks shall have the following minimum setbacks from any property lines, abutting masonry
building walls, drainage basins and ditches, or a greater setback if required by the district:
Total Tank Capacity Setback
Up to 7,500 litres
3.05 m (10 ft.)
7,501 to 19,000 litres
4.88 m (16 ft.)
19,001 to 38,000 litres 7.62 m (25 ft.)
Over 38,000 litres
10.67 m (35 ft.)
(5)
Tanks located on property within the Flood Damage Reduction Overlay District shall be flood proofed to
the satisfaction of the Development Authority.
(6)
The ventilation tank pipes shall have a minimum height of 3.35 m (11 ft.) from grade, and a minimum
setback of 0.91 m (3 ft.) from any property line. In cases where the ventilation tank pipes are abutting to
a building opening, the setback requirement shall be a minimum of 1.22 m (4 ft.).
(7)
The ventilation tank pipes shall have a minimum setback of 7.62 m (25 ft.) from any fuel-dispensing unit.
(8)
The minimum front yard requirements shall be as prescribed in the district in which the use is located but
in no case shall be less than 3.05 m (10 ft.).
(9)
The minimum side and rear yard setbacks shall be as prescribed in the district in which the use is located.
(10) Yard setbacks shall apply to all above ground structures, including gas pump canopies.
Site and Building Requirements
(11) All parts of the site to which vehicles may have access shall be hard-surfaced if the property is accessed
from a paved public road or lane, and drained to the satisfaction of the Development Authority.
(12) Circulation areas shall be surfaced and drained to the satisfaction of the Development Authority.
(13) The removal of tanks requires a demolition permit from the Development Authority.
8.
CANNABIS PRODUCTION FACILITY
(1)
The owner or applicant must provide, as a condition of development permit, a copy of the current license
for all activities associated with medical marihuana production as issued by Health Canada.
(2)
The owner or applicant must obtain, and maintain on a permanent basis, any other approval, permit,
authorization, consent or license that may be required to ensure compliance with applicable federal,
provincial or other municipal legislation.
(3)
The development must be carried out in a manner whereby 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.
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(7)
The Development Authority may require, as a condition of a development permit, a public utility and
waste management analysis, completed by a qualified professional, that includes detailed information
on:
(a)
the incineration of waste products and airborne emissions, including smell;
(b)
the quality 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.
(8)
A development permit for a Cannabis Production Facility shall be limited as follows:
(a)
the first development permit shall not exceed a three (3) year term;
(b)
any subsequent development permit shall not exceed a five (5) year term.
9.
SECONDARY SUITES
(1)
A secondary suite shall only be developed within the principal dwelling and shall not be developed within
a detached garage and/or accessory structure.
(2)
In the case of a secondary suite located completely below the first storey of a single-detached dwelling
the floor area shall not exceed the floor area of the first storey of the associated principal dwelling
(excluding stairways).
(3)
The minimum floor area for a secondary suite shall be not less than 30 m2 (323 ft2).
(4)
A secondary suite shall be developed in such a manner that the exterior of the principal dwelling
containing the secondary suite shall appear as a single-detached dwelling.
(5)
Only one secondary suite may be developed in conjunction with a principal dwelling.
(6)
A secondary suite shall not be developed within the same principal dwelling containing a Home
Occupation 2, unless it is proven to the satisfaction of the Development Authority that the amount of
traffic generated is limited and adequate parking is available without adversely affecting the
neighbourhood.
(7)
The number of persons occupying a secondary suite shall not exceed four.
(8)
The secondary suite shall not be separated from the principal dwelling through a condominium conversion
or subdivision.
(9)
Variances or waivers of setbacks shall not normally be granted to develop a secondary suite.
(10) A secondary suite shall provide off-street parking in compliance with Schedule 10: Off-Street Parking,
Loading & Driveway Requirements.
(11) All required off-street parking stalls for a secondary suite shall be hard surfaced (e.g. cement,
pavement/asphalt, etc.).
(12) Development of a secondary suite shall adhere to the Alberta Building Code and Alberta Fire Code as a
condition of approval.
10. MULTI-UNIT DWELLING DESIGN REQUIREMENTS
These design requirements apply to all developments with two or more dwelling units but do not apply to a
single detached dwelling with a secondary suite.
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Multi-unit dwellings are to have a high quality of design by demonstrating compliance/consideration, to the
satisfaction of the Development Authority, of the following:
(a)
the relevant policies of the Municipal Development Plan;
(b)
accent cladding materials (i.e. brick accents) are to be used where necessary to provide visual interest;
(c)
materials and landscaping that facilitate ease of maintenance;
(d)
design elements that add interest to the streetscape through variations in building height, projections and
recesses, and massing;
(e)
for developments that are likely to be used for rental housing and/or affordable housing, design and
landscaping measures to an extent sufficient to ensure a quality visually indistinguishable from the quality
of nearby housing;
(f)
for duplex and semi-detached dwelling units, measures that distinguish each unit as being individual in
terms of design, character and appearance.
(g)
each dwelling unit in a multi-unit dwelling shall be serviced with independent connections to the
municipal water and sewer main lines, except in the case of a condominium.
11. SHIPPING CONTAINERS
All permanent shipping containers shall be subject to the following general standards:
(1)
An application for a development permit for a proposed shipping container must be completed and
submitted to the Development Officer accompanied by the applicable application fee and a minimum of
two recent colour photographs of each container (one end view and one side view).
(2)
There shall be a legal principal use on the property where the shipping container is proposed.
(3)
The Development Authority may regulate the maximum number of shipping containers permitted on a
lot where listed as a discretionary use.
(4)
The Development Authority may regulate the maximum height of shipping containers whether listed as a
permitted or a discretionary use.
(5)
Except for the temporary placement of a shipping container in compliance with Schedule 3, Section 4(d),
or subsection (13) below, a shipping container shall not display advertising, company logos, names or
other marketing without an approved sign permit.
(6)
The shipping container shall only be permitted in the secondary front, rear, or side yard.
(7)
The shipping container must comply with the maximum lot coverage and setback requirements for
accessory structures in the applicable land use district.
(8)
The Development Authority may require as a condition of approval that a shipping container(s) be
screened from view.
(9)
The Development Authority may require as a condition of approval that any shipping container be
sandblasted and/or painted a neutral or complementary colour to match the existing building(s) on the
property.
(10) The Development Authority may require as a condition of approval that the exterior of the shipping
container be kept clean and regularly painted in a neutral or complementary colour to match the existing
building(s) on the property.
(11) The Development Authority may regulate the time period for which a development permit for a shipping
container(s) is valid through the issuance of a temporary permit.
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(12) Removal of the shipping container(s) at the expiration of the permit shall be at the expense of the
applicant and/or landowner. The Development Authority may require as a condition of approval the
posting of a bond or a security guaranteeing the removal of the container and/or compliance with the
conditions of the permit.
(13) Permanent shipping containers are not allowed on lands within the Gateway & Corridors Overlay District.
(a)
for lands only partly within the Gateway & Corridors Overlay District, a permanent shipping
container may be approved, at the discretion of the Development Authority where it is located
completely outside of the overlay and subject to the provision below.
-
A shipping container(s) shall be positioned on a site in a manner such that it is not readily
visible from the street and the Development Authority may require screening to reduce the
visual impact of a shipping container(s).
Temporary shipping containers that are proposed to exceed the time-limit eligibility for an exemption from
the requirement to obtain a development permit in Schedule 3 may be issued a development permit by the
Development Authority subject to the following:
(14) A temporary development permit may be issued for a period up to three (3) months, in any land use
district, where a construction project time-line is in excess of the exemption time-line provided in
Schedule 3.
(15) Minimum yard setbacks shall be 0.91 m (3 ft.).
12. SOLAR COLLECTORS
A solar collector is a device or combination of devices mounted to a wall or roof of a building, or a freestanding
structure, for the primary purpose of providing electricity to the building or buildings on the subject parcel, and
are subject to the following standards:
(1)
An attached solar collector is allowed in any land use district as a permitted use subject to the following:
(a)
A solar collector mounted on a roof:
(i)
may project a maximum of 1.22 m (4 ft.) from the surface of the roof and shall not exceed the
maximum height requirements of the applicable land use district; and
(ii)
must not extend beyond the outermost edge of the roof.
(b)
A solar collector mounted to a wall:
(i)
must be located such that it does not create undue glare on neighbouring property or public
roadways;
(ii)
must be located a minimum of 2.38 m (7.8 ft.) above grade;
(iii) may project a maximum of 1.52 m (5 ft.) from the surface of the wall, when the wall faces the
rear property line, subject to the setback requirements of the applicable land use district; and
(iv) may project a maximum of 0.61 m (2 ft.) from the surface of the wall when the wall faces the
front, secondary front or side property line, subject to the setback requirements of the applicable
land use district.
(2)
A free-standing solar collector or a solar collector mounted to any structure other than a roof or wall of a
building may be allowed in any land use district as a discretionary use subject to the following:
(a)
A free-standing solar collector or a solar collector mounted to any structure other than a roof or wall
of a building:
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(i)
must be located such that it does not create undue glare on neighbouring property or public
roadways;
(ii)
must not exceed 1.83 m (6 ft.) in height above existing grade; and
(iii)
in all land use districts must not be located in the front, secondary front or side yard of the
principal building or dwelling.
(iv)
shall only be approved where the proposed size and scale of the development is consistent
with the purpose of the land use district, at the discretion of the Development Authority, and
the Micro-generation Regulation.
13. SMALL WIND ENERGY SYSTEMS
This Section establishes standards for the siting and operation of Small Wind Energy Systems. This Section is
intended to implement the necessary requirements while protecting the scenic and natural resources of the
Town of Cardston and the health, safety and welfare of its residents.
Definitions
(1)
The following definitions apply to this Schedule:
Blade means an element of a wind energy system rotor, which acts as a single
airfoil, thereby extracting kinetic energy directly from the wind.
Blade clearance means, in reference to a horizontal axis rotor, the distance from
grade to the bottom of the rotor's arc.
Rotor's arc means the largest circumferential path travelled by a blade.
Small Wind Energy System (SWES) means a wind energy conversion system
consisting of a wind turbine (rotor and blades), a tower, and associated control
or conversion electronics, which will be used primarily to reduce onsite
consumption of utility power and is CSA approved.
Total height means the height from grade to the highest vertical extension of a
SWES. In the case of a SWES with a horizontal axis rotor, total height includes
the distance from grade to the top of the tower, plus the distance from the top
of the tower to the highest point of the rotor's arc.
Tower means the structure which supports the rotor above grade.
Permit Requirements
(2)
Small Wind Energy Systems shall require a development permit depending on their location, as provided
in the regulations for the land use districts in which they are allowed.
Type A Small Wind Energy System: This use is defined as a Small Wind Energy System that is either
roof mounted or has a tower which does not exceed 12.19 m (40 ft.) in height.
Type B Small Wind Energy System: This use is defined as a Small Wind Energy System that has a
tower which is greater than 12.19 m (40 ft.) in height but does not exceed 24.38 m (80 ft.) in height.
Information Requirements
(3)
Applications for Small Wind Energy Systems shall include the following information where applicable:
(a)
all proposed Small Wind Energy Systems shall be commercially manufactured and applications shall
include the manufacturers make and model number;
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(b)
the manufacturer's specifications indicating:
(i)
the SWES rated output in kilowatts;
(ii)
safety features and sound characteristics;
(iii)
type of material used in tower, blade, and/or rotor construction;
(c)
potential for electromagnetic interference;
(d)
nature and function of over speed controls which are provided;
(e)
specifications on the foundations and/or anchor design, including location and anchoring of any
guide wires;
(f)
information demonstrating that the system will be used primarily to reduce on-site consumption of
electricity;
(g)
location of existing buildings or improvements.
Referrals
(4)
Prior to making a decision on a development application for a Small Wind Energy System, the
Development Authority may refer and consider the input of the following agencies and departments:
(a)
Alberta Utilities Commission,
(b)
Transport Canada,
(c)
Navigation Canada.
Setbacks
(5)
A Small Wind Energy System shall comply with all the setbacks that govern the principal use in the district
in which it is located.
(6)
No part of the wind system structure, including guy wire anchors, may extend closer than 3.05 m (10 ft.)
to the property boundaries of the installation site.
(7)
The system's tower shall be set back a minimum distance equal to the height of the tower from all parcel
lines, and a minimum distance of 3.0 m (9.8 ft.) from any other structure on the parcel on which the
system is located. On parcels 4.05 ha (10 acres) or more, the parcel line setback may be reduced if the
applicant demonstrates that:
(a)
because of topography, strict adherence to the setback requirement would result in greater visibility
of the system's tower than a reduced setback; and
(b)
the system's tower is set back a minimum distance equal to the height of the tower from any
structure on adjoining parcels.
Development Standards
Small Wind Energy Systems shall comply with the following standards:
(8)
There shall be a limit of one (1) Small Wind Energy System per parcel.
(9)
Subject to the allocation of use (Type A or Type B) in the particular land use district, the system's tower
shall not exceed a maximum height of 12.19 m (40 ft.) on a parcel of less than 0.40 ha (1 acre), a maximum
of 19.81 m (65 ft.) on a parcel of 0.40 ha (1 acre) to less than 2.02 ha (5 acres), and maximum height of
24.38 m (80 ft.) on a parcel 2.02 ha (5 acres) or more. Notwithstanding the above, in no case shall a Type
A system exceed 12.19 m (40 ft.) in height and in no case shall a Type B system exceed 24.38 m (80 ft.).
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(10) The system's tower shall be located and screened by landforms, natural vegetation or other means to
minimize visual impacts on neighbouring residences and public roads, public trails and other public areas.
(11) The system's tower and supporting structures shall be painted a single, neutral, non-reflective, non-glossy
(for example, earth-tones, grey, black) that, to the extent possible, visually blends the system with the
surrounding natural and built environments.
(12) The system shall be equipped with manual and automatic over speed controls. The conformance of rotor
and over speed control design and fabrication to good engineering practices shall be certified by a licensed
mechanical, structural or civil engineer.
(13) The system's tower-climbing apparatus and blade tips shall be no closer than 4.57 m (15 ft.) from ground
level unless the system is enclosed by a 1.83 m (6 ft.) high fence.
(14) The system's utility lines shall be underground where economically practical.
(15) The system shall be operated such that no electro-magnetic interference is caused.
(16) The system shall be located in the rear yard.
(17) Small wind turbines shall not exceed 50 dB(A), or in excess of 5 dB(A) above the background noise,
whichever is greater. The level, however, may be exceeded during short-term events including utility
outages and severe windstorms.
(18) Brand names or advertising associated with the system or the system's installation shall not be visible
from any public place.
(19) Upon abandonment or termination of the system's use, the entire facility, including the system's tower,
turbine, supporting structures and all equipment, shall be removed and the site shall be restored to its
pre-construction condition.
14. ALTERNATIVE/RENEWABLE ENERGY, INDIVIDUAL ACCESSORY SOURCES
The Development Authority is authorized to issue development approvals for minor alternative energy sources
that are accessory to an approved principal use, in addition to the structures for which specific standards are
provided, including but not limited to, heat exchange systems, generators, turbines, etc. provided that any
additional approvals or standards required at the municipal, provincial and/or federal levels are met or
exceeded.
15. COMMERCIAL/INDUSTRIAL ALTERNATIVE/RENEWABLE ENERGY DEVELOPMENTS
See Schedule 11: Commercial / Industrial Alternative Renewable Energy Developments.
16. TEMPORARY OUTDOOR SWIMMING POOLS AND HOT TUBS
(1)
Portable, temporary, or above-ground outdoor hot tubs that are designed to be easily removed do not
require a development permit but must be setback a minimum of 1.83 m (6 ft.) from a side or rear
property line and shall not be located in a front yard.
(2)
In-ground swimming pools shall:
(a)
require a development permit;
(b)
be considered an accessory structure;
(c)
meet the minimum required setbacks for accessory structures in the applicable land use district or
1.83 m (6 ft.) from a side or rear property line, whichever is greater,
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(i)
a greater setback may be imposed where one is necessary, in the opinion of the Development
Authority, to ensure the privacy and quiet enjoyment of adjacent properties or to prevent
against seepage or sloughing;
(d)
not be calculated in the total maximum site coverage for accessory buildings and structures.
17. KENNELS (ANIMAL BOARDING)
Any development undertaken pursuant to an approved development permit for a kennel or animal boarding
use shall be in accordance with the Town of Cardston's Dog Bylaw and the following provisions:
(1)
All dog facilities, including buildings and exterior exercise areas, shall be located to the rear of the principal
building.
(2)
The Development Authority may determine the maximum number of adult dogs that may be kept at any
one time by the operator of a private or commercial kennel.
(3)
All pens, rooms, exercise runs, and holding stalls shall be soundproofed if deemed necessary by the
Development Authority 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 possibility that the noise from the
kennel may adversely affect the amenities of the area.
(4)
In addition to soundproofing requirements, the times at which the animals are allowed outdoors may be
regulated.
(5)
All kennel facilities shall be screened by both a visual and sound barrier, by fences and/or landscaping,
from existing dwellings on adjacent parcels to the satisfaction of the Development Authority.
(6)
Kenneling facilities shall be operated in accordance with health regulations and, in particular, excrement
and similar waste shall be disposed of in a manner acceptable to Alberta Health Services.
(7)
Compliance with the Canadian Veterinary Medical Association Code of Practice for Canadian Kennel
Operations.
18. SATELLITE DISHES AND TELECOMMUNICATION ANTENNAS
In all residential land use districts:
(a)
satellite dishes greater than 1 m (3 ft.) in diameter or radio or television antenna shall be classified as an
accessory structure and shall be placed in the rear or side yard;
(b)
satellite dishes greater than 1 m (3 ft.) in diameter shall not be mounted or attached to the roof of any
dwelling or accessory building and shall not be illuminated or contain advertising other than the
manufacturer's trademark or logo.
Radio and television antennas, which are not regulated by Industry Canada, are classified as an accessory
structure.
19. TELECOMMUNICATION ANTENNA SITING PROTOCOLS
Telecommunication, radio communication and broadcast antenna systems are regulated by Industry Canada.
An applicant proposing to locate a telecommunication, radio communication or broadcast antenna system
within the Town, which does not meet the exclusion criteria in Appendix A shall be subject to the following
siting protocols:
Co-utilization
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SCH 5 | 14
(1)
The applicant shall be requested to identify any other similar antenna systems within a radius of 500 m
(1,640 ft.) of the proposed location and to provide documentary evidence that co-utilization of the
existing antenna systems is not a viable alternative to the proposed antenna.
Siting Options
(2)
The applicant shall be requested to identify siting options and any alternative locations considered.
Appearance
(3)
Antenna systems which are visible from residential areas are encouraged to employ innovative design
measures to mitigate the visual impact of the antenna system.
Landscaping
(4)
The landscaping requirements of the land use district in which the development is proposed should be
integrated into the site design, except where existing site vegetation is deemed comparable by the
Development Authority to the land use district requirements.
Lighting and Signage
(5)
Lighting in addition to that which is required by applicable federal agencies shall be avoided. Security
lighting may be considered provided it meets the requirements of the applicable land use district.
(6)
Only signage that is required by applicable federal agencies is permitted. No advertising signage shall be
permitted.
Municipal Concurrence
(7)
The applicant shall be required to present the proposed development to the Development Authority at a
public meeting in accordance with the Administration Section and submit the following plans at least two
weeks before the scheduled meeting:
(a)
site plan identifying the location of the proposed development, access, distance from property lines,
easements, rights-of-way or any other development constraint on the property, proposed fencing
or other security measures, and landscaping plan; and
(b)
antenna height, type, design, material, appearance and lighting.
(8)
Upon conclusion of the public consultation process, the Development Authority will issue a response to
the applicant in writing indicating either concurrence of the proposed development or specific concerns
or comments relating to the antenna system.
Public Consultation
(9)
The applicant shall be required to hold a public meeting before the Development Authority at the Town
office or another location approved by the Town administration to explain all aspects of the proposed
development, including but not limited to siting, technology and appearance of the structure.
(10) The Town may notify all land owners within a distance of 500 m (1640 ft.) of the proposed structure at
the expense of the applicant.
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SCH 5 | 15
20. WAREHOUSING STANDARDS FOR OUTDOOR STORAGE
Sites for outdoor storage of goods, machinery, vehicles, building materials, scrap metal, junk, other waste
materials and other items, at the discretion of the Development Authority may be permitted if kept in a neat
and orderly manner and/or suitably enclosed by a fence or wall or screened with landscaping to the satisfaction
of the Development Authority.
21. DRIVE-IN/DRIVE-THROUGH RESTAURANTS
(1)
Areas required for parking or circulation of vehicles shall be hard-surfaced to the satisfaction of the
Development Authority.
(2)
The Development Authority shall, where necessary to mitigate the effect on adjacent residential
properties, regulate the hours of operation of the drive-thru portion of a restaurant.
(3)
Exits and entrances shall be as approved by the Development Authority, and circulation within the lot
shall be directional and adequately signed.
(4)
When drive-through service is provided, a minimum length for vehicle stacking shall be provided before
the service window/point, and within the lot as per Schedule 10, Section 6.
(5)
Front, side and rear yards abutting on parking or circulation areas shall be adequately landscaped to the
satisfaction of the Development Authority.
22. RESIDENTIAL ACCOMMODATION IN CONJUNCTION WITH AN APPROVED COMMERCIAL OR
INDUSTRIAL USE
Residential accommodation in conjunction with an approved commercial or industrial use may be approved
where in the opinion of the Development Authority:
(1)
It is not inappropriate, from a health and safety perspective, for the dwelling unit(s) to be housed within
the same building or located on the same site as the approved commercial or industrial use; and
(2)
Where the principal use of the property for commercial or industrial purposes is maintained;
And provided that:
(3)
The front facade of the building is maintained as a commercial or industrial premise; and
(4)
The dwelling unit(s) will be a size/extent limited to only what is reasonably necessary for habitation
purposes, so as not to preclude the development and/or expansion of adjacent commercial or industrial
uses.
23. CANNABIS RETAIL SALES
(1)
A Cannabis Retail Sales use may only be located on lands designated Direct Control (DC).
(2)
A Cannabis Retail Sales use must be a separate use from any other uses or business activities unless it is
a use or activity expressly authorized by the Alberta Gaming & Liquor Commission (AGLC).
(3)
A Cannabis Retail Sales use must obtain the necessary license from the AGLC and proof of license shall be
required as a condition of development permit approval.
(4)
If at any time an approved Cannabis Retail Sales use has its AGLC license revoked or the license expires,
the development permit issued to the Cannabis Retail Sales use shall be null and void.
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SCH 5 | 16
(5)
The owner or applicant must obtain, and maintain on a permanent basis, any other approval, permit
authorization, consent or license that may be required to ensure compliance with applicable federal,
provincial or other municipal legislation.
(6)
A development permit for a Cannabis Retail Sales use shall not be approved if the premises (measured
from the nearest outside wall of the Cannabis Retail Sales use) is located within a 300 m separation
distance of any of the following:
(a)
the boundary of a parcel of land on which a School is located;
(b)
the boundary of a parcel of land on which a Hospital is located;
(c)
the boundary of a parcel designated as school reserve (SR) or municipal and school reserve (MSR) is
located;
(d)
the boundary of a parcel of land on which another Cannabis Retail Sales is located;
(e)
the boundary of a parcel of land containing one of the following uses: Child Care Facility, Religious
Assembly, Educational Institution, Indoor Recreation, Institutional Facility or Use, Outdoor
Recreation Facility, Outdoor Recreation and Sports Fields, Park or Playground, or any other land use
(unless specifically dealt with otherwise in this Section), where, in the opinion of the Development
Authority, persons under the age of 18 are likely to congregate on a regular basis.
(f)
the above noted separation distances are reciprocal and are illustrated (for information purposes
only) in Appendix E.
(7)
The specified separation distances in subsection (6) above are not eligible to be varied (waived) by the
Development Authority or the Subdivision and Development Appeal Board.
(8)
The hours of operation for a Cannabis Retail Sales shall be limited to 9 a.m. to 9 p.m. daily.
(9)
Application requirements for a Cannabis Retail Sales use are as follows:
(a)
prior to applying for a municipal development permit for a Cannabis Retail Store, the applicant is
required to apply to the AGLC for a determination of eligibility to obtain a licence, and submit
verification of the AGLC eligibility as part of the development application;
(b)
a detailed business plan including hours of operation, number of employees and any other relevant
matters;
(c)
documentation demonstrating how the cannabis retail store complies with the Conditions
Governing Cannabis Store Premises under the Alberta Gaming, Liquor and Cannabis Regulation;
(d)
proposed exterior business signage and information demonstrating compliance with the Alberta
Gaming and Liquor Commission store names;
(e)
a site plan including details of the proposed store and a detailed listing of surrounding land uses,
both on adjacent (contiguous) parcels and within 300 m from the site subject of the application
(drawn on a high quality and clearly legible site plan with text descriptions).
24. USES INVOLVING LIQUOR SERVICE
The following standards apply to any land use involving the service of liquor:
(1)
This bylaw regulates the service of liquor where associated with land uses that are regulated by this bylaw
and does not pertain to special events or other activities not regulated in this bylaw.
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SCH 5 | 17
Licensed Restaurants
(2)
The inclusion of liquor service within a restaurant shall only be allowed where a development permit for
a "Restaurant, Licensed" is approved by the Development Authority, and shall be restricted to a "Class A
- Minors Allowed" and / or "Class B" license issued by the Alberta Gaming & Liquor Commission (AGLC).
(3)
The hours of liquor service for a "Restaurant, Licensed" shall be restricted to between 10:00 a.m. to 1:00
a.m.
Licensed Recreational Uses
(4)
The inclusion of liquor service as part of a recreational use shall only be allowed where a development
permit for a "Recreational Use, Licensed" is approved by the Development Authority, and shall be
restricted to a "Class A - Minors Allowed" and / or "Class B" license issued by the AGLC.
(5)
The Development Authority may regulate the hours of liquor service for "Recreational Use, Licensed".
Application Requirements and Conditions of Approval
(6)
A detailed business plan including hours of operation, number of employees, exterior signage related to
liquor and any other relevant matters.
(7)
New or existing developments proposing a licensed restaurant, or licensed recreational use shall be
required to complete a crime prevention through environmental design (CPTED) analysis and, where
required by the Development Authority, incorporate CPTED design principles int the design of the
development.
Prohibited Liquor Uses
(8)
This bylaw defines various uses involving liquor including "Lounges/Beverage Rooms", "Nightclub", and
"Liquor Store". These uses are not listed in any land use district and therefore are prohibited uses.
SCHEDULE 6: MOVED-IN DWELLING AND
MOVED-IN BUILDING REGULATIONS
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SCH 6 | 1
SCHEDULE 6: MOVED-IN DWELLING AND MOVED-IN BUILDING
REGULATIONS
Single-detached prefabricated dwellings (modular, ready-to-move, panelized) are exempt from this Schedule and
shall comply with Schedule 7: Prefabricated Dwelling Regulations of this Bylaw. Single-detached manufactured
dwellings are exempt from this Schedule and shall comply with the regulations of the R2C or R2S Land Use District.
MOVED-IN DWELLING means a conventional, previously occupied
building which is physically removed from one site, transported and re-
established on another site with a different legal description for use as
a residence. Prefabricated dwelling (modular, ready-to-move,
panelized, etc.) and manufactured dwelling are separate uses.
1.
MOVED-IN DWELLINGS AND MOVED-IN BUILDINGS
The following standards shall apply to moved-in dwellings and moved-in buildings:
(1)
The dwelling/building and the land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular land use district set out in the Land Use Bylaw.
(2)
The dwelling/building, when completed, shall meet or exceed provincial building requirements.
(3)
The dwelling/building should comply with all provincial and municipal health and fire regulations.
(4)
The quality of the completed dwelling/building shall be equal to or better than the quality of the other
dwelling/buildings in the area. The Development Authority shall only issue a development permit for a
dwelling/building if it is of a quality equal to or better than the quality of other buildings in the surrounding
area, or if it is demonstrable that upgrades to the dwelling/building are achievable in order to provide the
required quality.
(5)
As a condition of approval the Development Authority, at their discretion, may place other conditions on
a development permit, including the requirement that the developer provides landscaping, fencing,
address drainage issues, or other such matters they consider necessary if, in their opinion, the conditions
are necessary and would serve to improve the quality or compatibility of a proposed development.
(6)
The Development Authority shall place conditions on a development permit requiring upgrades and
enhancements to a dwelling/building and/or site (i.e. fencing, landscaping) if deemed necessary.
(7)
All entrances and exits (doors) to a moved-in dwelling or building shall be furnished with a
landing/staircase.
(8)
A current report by a certified building inspector regarding confirmation that the dwelling/building meets,
or can be made to meet the current building requirements for each application shall be filed before any
such application shall be considered.
(9)
A timeframe for completion and full compliance with all stipulated requirements shall be established by
the Development Authority at the time of the approval of the application.
(10) The applicant shall provide a minimum of four recent colour photographs showing the exterior of the
proposed dwelling/building.
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SCH 6 | 2
(11) The Development Authority may require a bond or irrevocable letter of credit a minimum of $2,000.00 or
up to 50 percent of the estimated value of the structure to ensure the conditions of the development
permit are met and municipal infrastructure is not damaged in the process.
(12) Return of the posted bond or irrevocable letter of credit is contingent upon the Development Authority
verifying the completion of all the conditions of this Schedule and the development permit.
SCHEDULE 7: PREFABRICATED DWELLING REGULATIONS
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SCH 7 | 1
SCHEDULE 7: PREFABRICATED DWELLING REGULATIONS
SINGLE-DETACHED PREFABRICATED DWELLING means a previously
unoccupied dwelling unit (new) or portions of a dwelling unit that are built
at an off-site manufacturing facility or location other than the lot intended
for occupancy. The units are built in conformance with CSA standards
and/or Alberta Safety Codes and do not have an integrated frame, hitch,
wheels, or chassis or other device allowing for transport of the unit.
Single-detached prefabricated dwelling includes modular, ready-to-move
(RTM) and panelized. This definition does not include: single-detached
manufactured dwelling, moved-in dwelling, moved-in building or single-
detached dwelling.
1.
PREFABRICATED DWELLINGS
(1)
The Development Authority shall issue a development permit for a prefabricated dwelling (modular, RTM
and panelized) provided that:
(a)
the unit is CSA certified (meet CSA A-277 Standards) and will meet all safety code requirements;
(b)
the dwelling is securely fastened and must be placed on a permanent, Safety Codes approved,
foundation;
(c)
the minimum roof pitch shall not be less than a 4/12 pitch;
(d)
the minimum floor area of the dwelling shall be no less than 79.89 m2 (860 ft2) or the minimum
established in a particular land use district;
(e)
the dwelling shall be a minimum 7.32 m (24 ft.) in width; the design, character, and appearance
(including roof lines/material and exterior finish) of modular dwellings shall be consistent with the
purpose of the district in which the building is located and shall take into account any other buildings
existing in the vicinity;
(f)
at the discretion of the Development Authority, the exterior finish, colour and roofing material may
be stipulated as a condition of approval;
(g)
all entrances and exits (doors) shall be furnished with a landing/staircase;
(h)
the dwelling shall conform to any architectural controls that may apply.
(2)
Prefabricated dwellings located in any land use district other than the R2C or R2S shall not be of a
rectangular shape similar to a typical single-detached manufactured dwelling.
(3)
As a condition of approval the Development Authority, at their discretion, may place other conditions on
a development permit, including the requirement that the developer provide landscaping, fencing,
address drainage issues, or other such matters they consider necessary if, in their opinion, the conditions
are necessary and would serve to improve the quality or compatibility of a proposed development.
(4)
The dwelling and the land upon which it is to be located shall be subject to all conditions and regulations
specified for the particular land use district set out in the Land Use Bylaw.
(5)
The applicant/developer must submit professional building plans illustrating the exterior design, floor
plan, elevations and setbacks.
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SCH 7 | 2
(6)
The quality of the completed dwelling shall be at least equal to the quality of the other dwellings in the
area.
SCHEDULE 8: HOME OCCUPATIONS
Town of Cardston Land Use Bylaw No. 1647
SCH 8 | 1
SCHEDULE 8: HOME OCCUPATIONS
HOME OCCUPATION means the ancillary use of a dwelling unit (and/or its accessory buildings or lands) by any trade,
profession or craft for, or in the pursuit of, gainful employment involving the manufacture, processing, provision or
sale of goods and/or services.
1.
HOME OCCUPATION 1
A development permit is not required for a Home Occupation 1 only if:
(a)
the use involves phone and office only;
(b)
the use involves no outdoor storage;
(c)
there is no display of goods on the exterior of the residence;
(d)
all sales and/or customer interaction occur off the premises; and
(e)
the use complies with the general standards found in Section 3 of this Schedule.
If there is a doubt as to whether a proposed home occupation is a Home Occupation 1, then the Development
Officer may refer the application to the Municipal Planning Commission for a decision.
2.
HOME OCCUPATION 2
The Municipal Planning Commission is to decide upon any of the home occupations listed below as Home
Occupation 2 only if:
(a)
there are no more than six (6) business related trips to the residence per day;
(b)
the proposed storage is not exposed to public view;
(c)
there is a limited display proposed for the inside of the building; and
(d)
the use complies with the general standards found in Section 3 of this Schedule.
3.
GENERAL STANDARDS
Home occupations may be permitted subject to the following conditions:
(1)
Except with the approval of the Development Authority, no person other than the applicant shall be
engaged in such home occupations on the premises.
(2)
The applicant shall be a permanent resident of the dwelling.
(3)
No variation from the external appearance and residential character of land or building shall be permitted.
(4)
Home occupations shall be operated as a secondary or subordinate use to the principal use of the lot/site
within a dwelling unit.
(5)
Home occupations shall not be permitted in any residential land use district if, in the opinion of the
Development Authority, the use would be more appropriately located in a commercial or industrial land
use district.
(6)
No use requiring electrical or mechanical equipment shall cause a fire rating change in the structure or
the district in which the home occupation is located.
Town of Cardston Land Use Bylaw No. 1647
SCH 8 | 2
(7)
One (1) sign may be approved as part of a Home Occupation development permit application and shall
be limited to 0.72 m2 (8 sq. ft.) in size and attached to a window, a wall or fence, or as a standalone
structure not exceeding 1.5 m (5 ft.) in height.
(8)
Home occupations shall not generate vehicular traffic or parking in excess of that which is characteristic
of the district within which it is located.
(9)
The Development Authority may regulate any aspect of the home occupation including but not limited to
the number and size of vehicles associated with the use, type and extent of screening of outdoor storage,
hours of operation or any other dimension of the use to ensure the amenities of the neighbourhood are
not negatively affected and the principal residential character of the neighbourhood is upheld.
(10) On-site parking stalls shall be provided and utilized for all business vehicles associated with a home
occupation. Any and all business vehicles associated with the home occupation shall comply with all
requirements and regulations of the relevant and applicable Town of Cardston Traffic Safety Bylaw(s).
The Development Authority may regulate the type and number of business vehicles associated with a
home occupation.
(11) The Development Authority may require additional parking spaces due to the type of Home Occupation
2 proposed as they determine to be necessary.
(12) Traffic shall be controlled by and conform to the Town of Cardston Traffic Safety Bylaw.
(13) No offensive noise, vibration, smoke, dust, odours, heat or glare discernible beyond the property lines
shall be produced by the use.
(14) The development permit shall be applicable only for the period of time the property is occupied by the
applicant. Any permit issued is non-transferable.
(15) A development permit may be issued temporarily in accordance Section 42 of the Administration Section.
(16) Home occupations shall not include:
(a)
activities that use or store hazardous materials;
(b)
any use that would, in the opinion of the Development Authority, materially interfere with or affect
the use, enjoyment or value of neighbouring properties.
(17) The applicant shall be responsible for compliance with the Alberta Health Standards and Guidelines and
the Alberta Building Code requirements.
(18) The issuance of a development permit in no way exempts the applicant from obtaining a business license
from the Town and any other Provincial approvals that may be required.
SCHEDULE 9: LANDSCAPING AND SCREENING
STANDARDS AND GUIDELINES
Town of Cardston Land Use Bylaw No. 1647
SCH 9 | 1
SCHEDULE 9: LANDSCAPING AND SCREENING STANDARDS AND
GUIDELINES
LANDSCAPING means the modification, beautification and enhancement of a site or development through the use
of the following elements:
(a)
natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass, flowers and other ground
cover or materials and this may include xeriscaping or xerigardening;
(b)
hard landscaping consisting of non-vegetative materials such as brick, rock, stone, decorative concrete, tile and
wood, excluding monolithic concrete and asphalt; and
(c)
excludes all areas utilized for driveways and parking.
1.
PURPOSE AND INTENT
(1)
To create and provide for an attractive, aesthetic and high quality urban environment in all land use
districts.
(2)
To create and provide for environmental buffers or transition areas between incompatible land uses and
sensitive environmental interfaces.
(3)
To provide minimum regulations, standards and/or requirements in recognizing the important linkage
between landscaping and the associated economic, social and environmental benefits to the greater
community.
2.
APPLICABILITY
The standards and requirements established in this schedule shall apply to all new developments. Minor
redevelopments (i.e. addition of buildings or structures) on existing developed properties shall require the
Development Authority to consider imposing realistic landscaping improvements as a condition of
development permit where the property does not meet the requirements of this schedule. Changes of
ownership, tenancy or use, where redevelopment is not taking place, shall not be required to comply with this
schedule.
3.
GENERAL STANDARDS AND REQUIREMENTS FOR ALL DISTRICTS
(1)
The quality and extent of landscaping established on a lot (or site) shall be the minimum standard to be
maintained on the lot (or site) for the life of the development.
(2)
Any area not constructed upon shall be developed or landscaped to the satisfaction of the Development
Authority at the time of development permit.
(3)
The Development Authority may impose landscaping requirements as a condition of approval for
permitted and discretionary uses if, in their opinion, it is necessary to improve the quality and/or
compatibility of any proposed development with adjacent uses and the immediate neighbourhood area.
(4)
The Development Authority may require as a condition of approval screening for permitted and
discretionary uses which involve the outdoor storage of goods, machinery, vehicles, building materials,
waste materials and other items.
(5)
Vegetation and other landscaping features shall be placed in a manner which will not obstruct access to
any fire hydrant, utility or appurtenance thereto. Vegetation, especially trees, hedges or shrubs must be
Town of Cardston Land Use Bylaw No. 1647
SCH 9 | 2
located in a manner such that it will not obstruct or impede vision of traffic on roadways or intersecting
streets. See Schedule 4, Section 7 - Clear Vision Triangle For Corner Lots.
(6)
The majority of any required landscaping shall be concentrated in those yards adjacent to streets/roads
unless the developer can show reasonable cause why this cannot occur, to the satisfaction of the
Development Authority.
(7)
A landscaping plan (i.e. site plan showing landscaping locations and materials) shall be required by the
Development Authority at the time of the submission of a development permit application or placed as a
condition of a development permit approval, unless otherwise specified in this Land Use Bylaw. The
Development Authority may require a landscaping plan to be professionally prepared.
(8)
Existing vegetation should be preserved and protected unless the need for removal is demonstrated to
the satisfaction of the Development Authority.
(9)
Selection of plant varieties shall be based on regional climatic conditions, constraints of location,
effectiveness in screening adjacent properties, resistance to disease and insect attack, cleanliness,
appearance and ease of maintenance.
(10) All natural landscaping shall be planted in accordance with good horticultural practice.
(11) At the time of planting, the minimum calliper width for all trees required as part of a specific development
project shall be 20 millimetres (0.79 in.).
(12) Landscaping shall consist of the following materials:
(a)
vegetation (trees, shrubs, lawn, flowers);
(b)
ground cover such as large feature rocks, bark chip, field stone, crushed rock, or other similar
features;
(c)
berming, terracing;
(d)
innovative landscaping features;
(e)
landscape ornaments;
(f)
other features that may include, but not limited to, front walkways and steps.
4.
MINIMUM STANDARDS AND REQUIREMENTS FOR COMMERCIAL / INDUSTRIAL
(1)
Except for lands located within the Commercial (C1) Land Use District, an area of a size appropriately
proportional to the size of the building, and located directly adjacent to the front or secondary front
orientation of the principal building shall be landscaped. The size and location of required landscaping
shall be determined by the Development Authority with the aim of providing an appreciable area that
serves to beautify the site.
(2)
Landscaping in addition to the landscaping required in Section 1 may be required where the Development
Authority finds it necessary to improve the appearance, screening or compatibility of the site, or as a
trade-off for a waiver of a separate measurable standard in this bylaw subject to Administrative Section
35(1) or 36(3), or where otherwise directed in Section 4 of this Schedule.
(3)
Except for lands located within the Commercial (C1) Land Use District, a minimum 3.05 m (10 ft.)
landscape buffer is required (except for those areas occupied by sidewalks and driveways) for all
commercial and industrial projects located adjacent to municipal roadways, to the satisfaction of the
Development Authority:
Town of Cardston Land Use Bylaw No. 1647
SCH 9 | 3
(a)
for land or property located within the Commercial (C1) Land Use District, where a principal structure
is not developed to the front property boundary, the front setback shall be comprehensively
landscaped to the satisfaction of the Development Authority.
(4)
All lots or sites abutting a residential district shall be buffered and/or screened to the satisfaction of the
Development Authority.
(5)
Parking lots shall be landscaped to the satisfaction of the Development Authority.
(6)
Parking or storing of vehicles is not permitted on required landscaping areas unless approved specifically
by the Development Authority as an outside display area as part of an approved development permit.
(7)
In all commercial land use districts, trees are required as part of an overall landscape plan and shall be
planted at the overall minimum ratio of one (1) tree per 27.87 m2 (300 ft²) of landscaped area provided.
(8)
In all industrial land use districts, trees are required as part of an overall landscape plan and shall be
planted at the overall minimum ratio of one (1) tree per 46.45 m2 (500 ft²) of landscaped area provided.
(9)
Wherever space permits and where acceptable to the Town of Cardston, trees shall be planted in groups.
(10) To ensure the continued care of lawns and other vegetation, developers may be required to install
underground watering/irrigation systems as a condition of development permit approval.
(11) The required landscaping shall be clearly attached as a condition of development permit. All required
landscaping must be completed within 24 months from the date of approval of the development permit.
5.
MINIMUM STANDARDS AND REQUIREMENTS FOR RESIDENTIAL
(1)
For all single-detached and semi-detached dwelling development projects a minimum of 25 percent of
the front yard area of the principal building/use shall be required to contain landscaping.
(2)
For all major multi-unit dwelling development projects (i.e. rowhouses, apartments or similar multi-unit
dwelling projects that contemplate three (3) or more dwelling units on a lot), a minimum of 40 percent of
the total lot area shall be provided as landscaping.
(3)
Parking or storing of vehicles is not permitted on any required landscaping area.
(4)
The required landscaping shall be clearly attached as a condition of development permit. All required
landscaping must be completed within 24 months from the date of approval of the development permit.
6.
MINIMUM STANDARDS AND REQUIREMENTS FOR ALL OTHER DISTRICTS
Any minimum requirements for landscaping shall be required at the discretion of the Development Authority.
7.
LANDSCAPING SECURITY AND IMPLEMENTATION
(1)
A refundable security fee may be required as a condition of any development permit approval.
(2)
A refundable security fee of $1,000.00 may be required to ensure compliance with any and all landscaping
requirements to the satisfaction of the Development Authority.
(3)
If the costs for implementation of the required and approved landscaping for a commercial, industrial,
major multi-unit residential dwelling or institutional project exceed the abovementioned refundable
security fee of $1,000.00, the Municipal Planning Commission or Development Officer may require the
applicant and/or landowner to provide an estimate of the cost of landscaping (including all site work
and/or irrigation) and may secure up to 100 percent of the cost of such landscaping (re: letter of credit)
until such time that it has been determined that all landscaping has been provided and is healthy/viable,
to the satisfaction of the Municipal Planning Commission or Development Officer.
Town of Cardston Land Use Bylaw No. 1647
SCH 9 | 4
(4)
Landscaping shall be completed within 24 months of occupancy unless otherwise specified on a
development permit.
(5)
If the landscaping requirements are not completed to the satisfaction of the Development Authority
within 24 months of occupancy the refundable security fee shall be forfeited by the applicant/landowner
or the security held in trust (i.e. letter of credit) may be collected by the Town of Cardston and used to
complete the landscaping.
(6)
As part of all new development projects, landscaping shall be successfully maintained for two consecutive
growing seasons. Partial refund (re: refundable security fee or security deposit) may be considered after
one successful growing season, at the discretion of the Development Authority.
SCHEDULE 10: OFF-STREET PARKING, LOADING &
DRIVEWAY REQUIREMENTS
Town of Cardston Land Use Bylaw No. 1647
SCH 10 | 1
SCHEDULE 10: OFF-STREET PARKING, LOADING & DRIVEWAY
REQUIREMENTS
1.
APPLICABILITY
(1)
The off-street parking and loading requirements and design standards apply to:
(a)
all new buildings, and
(b)
the expansion or enlargement of existing buildings or uses.
(2)
In the case of redevelopment (i.e. expansion or enlargement of an existing building or use), additional off-
street parking spaces will be required to serve the expanded or enlarged area only, not the entire building
or use.
(3)
These standards do not apply to change of use developments provided the gross floor area of the building
is not increased or an additional dwelling unit is not added and the number of existing off-street parking
spaces is not reduced.
2.
MINIMUM REQUIRED OFF-STREET PARKING
(1)
The minimum required off-street parking for a development shall be calculated in accordance with Table 1
(Minimum Required Off-street Parking) of this Schedule.
(2)
All required off-street parking shall be provided at the time of construction and prior to occupancy.
(3)
The applicant must provide a site plan and/or parking plan (and in some cases an alternative parking plan)
showing the location and dimensions of all off-street parking requirements.
(4)
Off-street parking requirements based on floor area are to be computed on the gross floor area (GFA) of
the building, unless otherwise stipulated in this Bylaw.
(5)
Calculation of off-street parking requirements resulting in a fractional number of 0.5 or greater shall be
rounded up and rounded down when resulting in a fractional number of 0.49 or less.
(6)
A multiple use development must provide parking in an amount equal to the number of spaces for all
uses, except where a shared parking provision is approved by the Development Authority. An alternative
parking plan shall be submitted in proposing a shared parking scenario and is based upon the proposed
sharing of parking spaces between two or more uses on a lot and/or utilization of lot area on a lot other
than that in which the use is proposed and must include a written agreement between the owners on
record. Where such off-site parking is approved, a caveat may be registered against the lot(s) to
guarantee the continuous use of the site for parking for the life of the development.
(7)
Where a use is not listed, minimum required off-street parking shall be provided as required by the
Development Authority having regard to the listed use that is most similar to the proposed use. As an
alternative, the Development Authority may require a parking study to be prepared by a qualified
professional at the applicant's expense to determine the parking requirements for a use not listed in Table
1.
(8)
All required parking spaces shall be provided on the same lot as the building or use, except where the
Development Authority may approve an alternative parking plan in permitting off-site parking spaces to
be provided on a lot within 152.40 m (500 ft.) of the building or use if, in the Development Authority
opinion, it is impractical to provide parking on the same lot as the building or use. Where such off-site
parking is approved, a caveat may be registered against the lot(s) to guarantee the continuous use of the
site for parking for the life of the development.
Town of Cardston Land Use Bylaw No. 1647
SCH 10 | 2
Table 1 - Minimum Required Off-Street Parking
USE
MINIMUM PARKING SPACES
COMMERCIAL/INDUSTRIAL
Assisted living facility
1 space per 2.5 dwelling units
Autobody repair/paint shop
1 space/46.45 m2 (500 ft2) of GFA
Automotive sales and/or service
1 space/46.45 m2 (500 ft2) of GFA
Building - trade contractors/building supplies
1 space/65.03 m2 (700 ft2) of GFA
Car/truck wash
1 space per employee
Child care/day care facility
1 space per employee plus 1 space for every 7 children
Convenience store
1 space/27.87 m2 (300 ft2) of GFA
Drive-in/drive-through use
1 space/5.11 m2 (55 ft2) of seating area plus 1 space per employee
Eating establishment
1 space per 4 seats plus 1 per employee
Equipment sales, rental and service
1 space/65.03 m2 (700 ft2) of GFA
Farm/industrial machinery sales and service
1 space/65.03 m2 (700 ft2) of GFA
Financial institution
1 space/37.16 m2 (400 ft2) of GFA
Funeral facility
1 space/5 seating spaces plus 1 space per employee
Garden centres and horticulture operations
and facilities
1 space/65.03 m2 (700ft2) of GFA
Grocery store
1 space/37.16 m2 (400 ft2) of GFA
Hotel/motel
1 space per guest room
Kennel
1 space/46.45 m2 (500 ft2) of GFA
Light industry/manufacturing/fabrication
1 space/65.03 m2 (700 ft2) of GFA
Machinery and equipment rental
1 space/65.03 m2 (700 ft2) of GFA
Medical/health facility
1 space/18.58 m² (200 ft²) of GFA plus 1 space per employee
Office
1 space/46.45 m2 (500 ft2) of GFA
Personal service
1 space/37.16 m2 (400 ft2) of GFA
Pet care services
1 space/46.45 m2 (500 ft2) of GFA plus 1 space per employee
Restaurant
1 space per 4 seats plus 1 space per employee
Retail store
1 space/37.16 m2 (400 ft2) of GFA
Service station/gas bar
1 space/37.16 m2 (400 ft2) of GFA
Shopping centre
1 space/23.23 m2 (250 ft2) of GFA
Truck transportation/dispatch depot
1 space/65.03 m2 (700 ft2) of GFA
Veterinary clinics (large or small animal)
1 space/46.45 m2 (500 ft2) of GFA
Warehousing
1 space/65.03 m2 (700 ft2) of GFA
Wholesale trade
1 space/65.03 m2 (700 ft2) of GFA
Town of Cardston Land Use Bylaw No. 1647
SCH 10 | 3
RESIDENTIAL
Short-Term Rental 1
1 per guest room or per 3 guests, whichever is greater (in addition to
parking space for the principal dwelling)
Short-Term Rental 2
1 per guest room or per 3 guests, whichever is greater.
Dwellings:
- Apartment
1.5 spaces per dwelling unit plus 0.5 space per unit for visitor parking
- Duplex/semi-detached/rowhouse
2 spaces per dwelling unit
- Multi-unit
2 spaces per dwelling unit plus 0.5 space per unit for visitor parking
- Single-detached dwellings (site built,
manufactured, prefabricated, moved-in)
2 spaces per dwelling unit
- Garage or garden suite
1 space for 1 bedroom unit, 2 spaces for 2-3 bedroom unit
- Secondary suite
1 space for 1 bedroom unit, 2 spaces for 2-3 bedroom unit
Home occupation 1
N/A
Home occupation 2
1 space
Senior citizen housing
1 space per 2.5 dwelling units
PUBLIC & INSTITUTIONAL
Clubs and organizations
1 space/9.29 m2 (100 ft2) plus 1 space per employee
Community hall/cultural facility
1 space/9.29 m2 (100 ft2) plus 1 space per employee
Educational institutions/schools
3 spaces per classroom
Group care facility
1 space per employee
Hospital
1 space per 2 beds
Religious assembly
1 space/4 seating spaces
3.
BARRIER-FREE PARKING
(1)
The minimum number of barrier-free parking spaces to be provided for the disabled shall be a portion of
the total number of off-street parking spaces required, in accordance with Table 2, Barrier-Free Parking
Spaces.
(2)
Each barrier-free parking space for the disabled shall be:
(a)
at least 3.66 m (12 ft.) wide,
(b)
have a firm, slip-resistant and level surface,
(c)
be clearly marked as being for the use of persons with disabilities only.
(3)
Where there are two or more adjacent barrier-free parking stalls, a 1.52 m (5 ft.) wide access aisle shall
be provided between the stalls.
(4)
Barrier-free parking stalls shall be clearly identifiable in accordance with Safety Codes.
(5)
There must be a well-lit, distinguishable, barrier-free path of travel from the parking areas to the building
entrance.
Town of Cardston Land Use Bylaw No. 1647
SCH 10 | 4
(6)
It is recommended that an additional number of spaces be considered when the purpose or use of the
building facilities may cause an increase in the number of seniors or persons with disabilities who require
accessible parking, such as, but not limited to, medical services and restaurants.
Table 2 - Barrier-Free Parking Spaces
Number of parking spaces required for a use
Number of barrier-free spaces required for
use by persons with disabilities
0-10
0*
11-25
1
26-50
2
51-100
3
for each additional increment
of 100 or part thereof
one additional stall
* Development is encouraged to provide at least one barrier-free parking space for use by persons with disabilities.
4.
LOADING SPACE REQUIREMENTS
(1)
One loading space shall be provided for each loading door.
(2)
There shall be a minimum of one off-street loading space per building in the C-1, C-2, C-3, I-1, I-2 land use
districts.
(3)
The Development Authority may require that off-street loading areas be provided in any land use district.
(4)
The minimum dimensions for a loading space shall be 3.05 m (10 ft.) by 9.14 m (30 ft.) with an overhead
clearance of 3.96 m (13 ft.).
(5)
Each loading area shall provide a doorway into the building sufficient to meet the needs of the use within
the building.
(6)
Each loading area shall be designed in such a manner that it will not interfere with convenient and safe
pedestrian movement, traffic flow or parking.
(7)
The Development Authority may require additional loading areas or doors if, in the Development
Authority's opinion, such additional areas or doors are deemed necessary.
(8)
The Development Authority may consider a joint loading area for two or more uses if, in the Development
Authority's opinion, such a loading area would facilitate orderly development or relieve congestion in the
immediate area.
5.
STACKING SPACES FOR DRIVE-THROUGH USES
(1)
In addition to the off-street parking requirements, a drive-through use is required to provide the following
minimum stacking spaces:
(a)
Restaurant use:
30.48 m (100 ft.) from order box to pick-up window
(b)
Gas station:
9.14 m (30 ft.) from each end on pump island
(c)
Bank machine:
22.86 m (75 ft.) from bank machine window
(d)
Car wash:
15.24 m (50 ft.) from car wash entrance
(e)
Other:
As determined by the Development Authority
Town of Cardston Land Use Bylaw No. 1647
SCH 10 | 5
(2)
The minimum stacking space requirements in (a) above may be varied by the Development Authority
depending upon the intensity of the proposed development.
6.
OFF-STREET PARKING DESIGN STANDARDS
(1)
Off-street parking areas shall be accessible and designed in a manner which will provide for orderly
parking in accordance with the minimum parking space dimensions in Figure 10.1, Parking Layout
Alternatives.
(2)
Parking space designs proposing tandem or stacked parking to a maximum of 2 vehicles per stall may be
approved by the Development Authority provided the spaces are for employee parking only.
(3)
The stall width and depth requirements for an off-street parking space may be reduced by the
Development Authority where spaces are designed to accommodate compact vehicle parking.
(4)
Where a use or development may need to accommodate over-sized vehicles such as tractor-trailers, large
recreational vehicles, buses or other similar vehicles, the Development Authority may require larger
parking space and aisle dimensions.
(5)
Off-street parking areas shall be constructed in a manner which will permit adequate drainage, snow
removal, and maintenance.
(6)
Off-street parking spaces adjacent to a road right-of-way shall be provided with bumper blocks, curbing
or other similar protective feature to ensure public safety and prevent vehicle overhang.
(7)
The Development Authority may require that off-street parking areas or portions thereof be hard-
surfaced (pavement, cement, etc.) as a condition of approval, prior to occupancy or an alternative
timeframe as agreed to between the Town and the applicant. A security deposit for completion of this
condition may be required.
7.
ACCESS AND LANES
See Schedule 4, Section 4.
8.
BICYCLE PARKING
(1)
Major commercial and public developments shall be required, at the discretion of the Development
Authority, to provide bicycle parking of an amount sufficient to facilitate bicycle parking for employees
and patrons at peak use hours.
(2)
Bicycle parking shall be located in a conspicuous area and designed so to facilitate ease of use and security.
9.
GENERAL DRIVEWAY STANDARDS
(1)
Driveway and lot access location, width and configuration shall be to the satisfaction of the Development
Authority. The Development Authority may regulate driveways where necessary to ensure traffic safety
and nuisance mitigation.
(2)
Vehicular access for corner lots will be limited to locations along the minor street unless site specific
considerations require otherwise.
(3)
Driveways and manoeuvring aisles serving as fire lanes shall be at least 6.10 m (20 ft.) wide.
(4)
In all land use districts the Development Authority may require that driveways be hard-surfaced (paved,
concrete, or similar equivalent) as a condition of approval.
Town of Cardston Land Use Bylaw No. 1647
SCH 10 | 6
Figure 10.1
Town of Cardston Land Use Bylaw No. 1647
SCH 10 | 7
0.15m Raised Curb 0.5m From Wall
30° two way-two aisle
45° two way-two aisle
60° one way-single aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.6m From Wall
30° one way-one aisle
45° one way-single aisle
0.15m Raised Curb 0.5m From Wall
0.15m Raised Curb 0.45m From Wall
30° one way-two aisle
45° one way-two aisle
60° one way-two aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.5m From Wall
acadfile\blocks\parkingm
0.15m Raised Curb 0.45m From Wall
0.15m Raised Curb 0.45m From Wall
90° one way-single aisle
90° one way-two aisle
90° two way-two aisle
PARKING LAYOUT ALTERNATIVES-METRES
2.8m
5.8m
4.3m
2.8m
2.8m
5.8m
4.3m
5.8m
2.8m
2.8m
5.8m
7.3m
5.8m
2.8m
2.8m
6.4m
7.3m
6.4m
2.8m
2.8m
6.4m
4.3m
6.4m
2.8m
6.4m
4.3m
2.8m
6.1m
4.3m
2.8m
2.8m
6.1m
4.3m
6.1m
2.8m
2.8m
6.1m
7.3m
6.1m
2.8m
4.8m
3.4m
2.8m
2.8m
4.8m
4.3m
4.8m
2.8m
4.8m
2.8m
4.8m
7.3m
60° two way-two aisle
0.15m Raised Curb 0.6m From Wall
0.15m Raised Curb 0.6m From Wall
SCHEDULE 11: COMMERCIAL / INDUSTRIAL ALTERNATIVE
RENEWABLE ENERGY DEVELOPMENTS
Town of Cardston Land Use Bylaw No. 1647
SCH 11 | 1
SCHEDULE 11: COMMERCIAL / INDUSTRIAL ALTERNATIVE
RENEWABLE ENERGY DEVELOPMENTS
1.
DEFINITIONS
In addition to the definitions in Schedule 13 of this Bylaw, the following definitions apply to this Schedule:
Alternative/Renewable Energy, Commercial/Industrial means a use that produces energy (and in some cases
other marketable by-products depending on the process utilized) fueled in ways that do not use up natural
resources or harm the environment. Energy may be derived from natural and/or non-traditional sources (e.g.
geothermal, solar, water, wind, waste, etc.) and once produced is sold and distributed off-site (commercially)
to the marketplace.
Anaerobic digestion is a series of processes in which microorganisms break down biodegradable material in
the absence of oxygen. It is used for industrial or domestic purposes to manage waste and/or to release energy.
Anaerobic digester means a facility or system designed to process animal manure, organic or septic waste, and
typically converts what used to be waste, into biogas. The biogas can be used to heat water or create electricity,
and may also provide a source of organic fertilizer.
Biodiesel means a clean burning alternative fuel, produced from domestic, renewable resources, such as soy
oil and other feedstocks. Biodiesel is made through a chemical process called transesterification whereby the
glycerin is separated from the fat or vegetable oil.
Bioenergy means the energy stored in organic matter to generate electricity. This organic matter can include
agricultural residues, animal manure, waste wood, wood chips and bark. Bioenergy can be generated in a
variety of ways such as Thermal treatment, Anaerobic digestion, Biofuel or Landfill gas.
Biofuel means a fuel derived from biological raw materials or biomass (recently living organisms or their
metabolic byproducts, such as manure from cows). It is a renewable energy source and typically, it is
considered a fuel with an 80% minimum content by volume of materials derived from living organisms
harvested within ten years preceding its manufacture.
Fermentation is the process of extracting energy from the oxidation of organic compounds.
Gasification is a process that converts organic or fossil based carbonaceous materials into carbon monoxide,
hydrogen and carbon dioxide. This is achieved by reacting the material at high temperatures (>700 °C), without
combustion, with a controlled amount of oxygen and/or steam.
Geothermal energy means thermal energy that is generated and stored in the Earth.
Mechanical biological treatment system is a type of waste processing facility that combines a sorting facility
with a form of biological treatment such as composting or anaerobic digestion. MBT plants are designed to
process mixed household waste as well as commercial and industrial wastes.
Micro-hydro means a type of hydroelectric power that typically produces up to 100 kW of electricity using the
natural flow of water. These installations can provide power to an isolated home or small community, or are
sometimes connected to electric power networks.
Pyrolysis is a thermochemical decomposition of organic material at elevated temperatures without the
participation of oxygen. It involves the simultaneous change of chemical composition and physical phase, and
is irreversible.
Thermal depolymerization (TDP) is a depolymerization process using hydrous pyrolysis for the reduction of
complex organic materials (usually waste products of various sorts, often biomass and plastic) into light crude
oil. It mimics the natural geological processes thought to be involved in the production of fossil fuels.
Town of Cardston Land Use Bylaw No. 1647
SCH 11 | 2
Waste-to-Energy (WtE) or energy-from-waste (EfW) is the process of creating energy, typically in the form of
electricity or heat, from the incineration of a waste source. Most WtE processes produce electricity directly
through combustion, or produce a combustible fuel commodity, such as methane, methanol, ethanol or
synthetic fuels. Besides incineration, other WtE technologies may include: gasification, thermal
depolymerization, pyrolysis, plasma gasification, anaerobic digestion, fermentation, and mechanical biological
treatment.
2.
ALTERNATIVE/RENEWABLE ENERGY COMMERCIAL/INDUSTRIAL PROJECTS
All major commercial or industrial alternative/renewable energy development projects, such as but not limited
to, solar photovoltaic, solar thermal, geo-exchange, micro-hydro, carbon capture and storage, geothermal,
waste-to-energy, anaerobic digesters, biodiesel, biofuel or fuel cells, require a development permit. This
Section is specific and applicable to those commercial/industrial development projects whose primary intent
and purpose is to sell and/or export energy (or any other by-product of a particular process) off-site.
Information Requirements
(1)
A development permit application shall be accompanied by the following information:
(a)
an accurate site plan showing and labelling the proposed development and the location of overhead
utilities on or abutting the subject lot or parcel, and identification of any sensitive, environmental or
topographical features which may be present on the parcel;
(b)
detailed information on the type of facility, structure or system and the energy process involved;
(c)
the manufacturer's specifications indicating (if applicable):
(d)
the rated output in megawatts;
(e)
safety features and sound characteristics;
(f)
any information regarding general public safety;
(g)
identification of any impacts to the local road system having regard to Town standards;
(h)
information regarding setbacks from property lines and the proximity to structures or uses on both
the site and adjacent parcels of land;
(i)
information or verification of the proposed source of water and required capacity if required for the
type of facility such as an ethanol plant;
(j)
a plan outlining how the site will be decommissioned and reclaimed if the use is ever discontinued;
(k)
large commercial/industrial facilities shall submit studies identifying noise, odour and pollutant
impacts and how these impacts will be addressed;
(l)
an emergency response plan;
(m) a summary report of any and all public consultation that was undertaken by the applicant;
(n)
any or all information as deemed relevant to a proposed project; and
(o)
any other information as required by the Development Authority.
Setbacks
(2)
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.
Town of Cardston Land Use Bylaw No. 1647
SCH 11 | 3
(3)
In addition to the requirements of subsection (2) above, structures or facilities related to waste-to-energy,
anaerobic digesters, biodiesel, or biofuels developments shall not be located within:
(a)
a minimum of 250 m (820 ft.) from any residential dwelling, food establishment or public use facility
or building;
(b)
a minimum of 120 m (394 ft.) from the boundary or right-of-way of an irrigation district canal, creek,
stream, river, or water body;
(c)
the parts of the project related to the transmission lines and associated structures and to the roads,
docks, water crossings, culverts, etc. associated with the facility may be allowed within 30 m (100
ft.) of a water body or within the water body itself (to the satisfaction of the Town and/or all other
federal and provincial departments that may have jurisdiction with respect to a proposed project).
(4)
The Development Authority may require a larger minimum setback than required as per the above and in
the applicable land use district having regard for the location of the development, potential
environmental impacts (e.g. air, water - surface and subsurface, soil, etc.), adjacent land uses and any
determined natural, scenic or ecologically significant features of the landscape.
Development Application Referrals
(5)
Prior to making a decision on a development application for an alternative/renewable energy
commercial/industrial project, the Development Authority may refer and consider the input of the
following agencies and departments:
(a)
Alberta Utilities Commission,
(b)
Transport Canada,
(c)
NavCanada,
(d)
Industry Canada
(e)
Alberta Culture and Community Spirit,
(f)
Alberta Environment,
(g)
Alberta Agriculture, Food and Rural Development
(h)
AESO (Alberta Energy Systems Operator),
(i)
Alberta Sustainable Resource Development,
(j)
Alberta Transportation (within prescribed distances to provincial roadways),
(k)
any other federal or provincial agencies or departments, as deemed necessary.
(6)
The Development Authority shall also refer a development application for an Alternative/ Renewable
Energy, Commercial/Industrial project to:
(a)
the adjacent municipal jurisdiction if it is deemed by the development authority that the project may
have a noxious, hazardous, negative or otherwise detrimental impact on lands located within the
adjacent municipal jurisdiction; and
(b)
landowners located within 800 m (0.5 mile) of the proposed alternative/renewable energy,
commercial/industrial project.
Town of Cardston Land Use Bylaw No. 1647
SCH 11 | 4
Development Standards
Depending on the type of alternative/renewable energy project proposed, the Development Authority may
require that the applicant comply with any or all of the following standards or requirements:
(7)
All surface drainage must be contained on site and any adjacent water bodies must be adequately
protected from run-off.
(8)
The applicant is responsible for preparing at their own expense an engineered surface drainage
management plan and submitting an application for approval to Alberta Environment, if applicable.
(9)
Any biodiesel waste or water contaminated with biodiesel, is prohibited to be discharged directly into any
sewers or surface waters.
(10) All feedstock and materials are to be stored and contained within buildings, and no outside storage is
permitted.
(11) That the semi-truck traffic used for the hauling and shipment of raw material or feedstock and
finished/processed goods associated with the development shall be limited to a designated truck haul
route as agreed to or specified by the Town.
(12) The preferred location of alternative/renewable energy commercial or industrial developments is on
parcels designated for industrial land use and located in proximity to highways or railway corridors. The
Development Authority may require a parcel redesignation to an industrial or direct control land use
district or be required to appropriately amend the text in the Land Use Bylaw (as the case may be) to
potentially accommodate such a development proposal, prior to accepting a development application.
(13) The applicant is responsible to apply for any Alberta Environment, AUC, ERCB or other applicable
provincial approvals or permits that may be required, and must provide the municipality with a copy to
be kept on file.
(14) The Development Authority may stipulate any or all of the subsection (4) criteria listed above to be
addressed by the applicant as a condition of a development permit application approval.
(15) Any license, permit, approval or other authorization granted by AUC or ERCB shall prevail over any land
use bylaw requirements or development permit decisions or conditions if there is a perceived conflict.
(16) All energy transmission lines on the site of the energy generating facility to the substation or grid shall be
underground unless otherwise approved by the Development Authority.
(17) The Development Authority may attach conditions to a development permit for any alternative/
renewable energy generating facility based on any other standards that are provided for in the Land Use
Bylaw, including but not limited to:
(a)
a condition to enter into a development agreement with the Town (in compliance with the relevant
section(s) of the Municipal Government Act);
(b)
a condition to enter into a road use agreement with the Town to address road maintenance and
repairs that may arise from the development;
(c)
a condition to post security with the Town; and
(d)
a condition to allow the developer to register the approved project in phases.
Site Specific Energy Generating Facilities
(18) Energy generating facilities whose energy is not distributed off of the lot upon which the energy
generating facility is located may be approved on a case-by-case basis by the Development Authority
taking into regard the applicable standards of this Bylaw.
SCHEDULE 12: SIGN REGULATIONS
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 1
SCHEDULE 12: SIGN REGULATIONS
CONTENTS
1. PERMITS REQUIRED ........................................................................................................................ SCH 12 | 2
2. DEFINITIONS ................................................................................................................................... SCH 12 | 2
3. PROHIBITED SIGNS .......................................................................................................................... SCH 12 | 6
4. GENERAL STANDARDS AND REGULATIONS FOR ALL SIGNS ............................................................. SCH 12 | 6
5. SIGNS NOT REQUIRING A PERMIT ................................................................................................... SCH 12 | 8
6. SIGN PERMIT APPLICATION REQUIREMENTS .................................................................................. SCH 12 | 9
7. SIGN CONTENT, PROJECTION STYLES AND ILLUMINATION ............................................................ SCH 12 | 10
8. SIGN TYPES ................................................................................................................................... SCH 12 | 12
1. Portable Signs ........................................................................................................................ SCH 12 | 12
2. Temporary Signs .................................................................................................................... SCH 12 | 13
3. Canopy Signs ......................................................................................................................... SCH 12 | 14
4. Window Signs ........................................................................................................................ SCH 12 | 15
5. Freestanding Signs ................................................................................................................ SCH 12 | 15
6. Fascia Signs ............................................................................................................................ SCH 12 | 16
7. Billboard Signs ....................................................................................................................... SCH 12 | 17
8. Mural Signs ............................................................................................................................ SCH 12 | 18
9. Projecting Signs ..................................................................................................................... SCH 12 | 18
10. Under Canopy Signs .............................................................................................................. SCH 12 | 19
11. Roof Signs .............................................................................................................................. SCH 12 | 20
12. Other Signs ............................................................................................................................ SCH 12 | 20
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 2
1. PERMITS REQUIRED
Except as stated below in Section 5 (Signs Not Requiring A Permit), no sign shall be erected on land or affixed
to any exterior surface of a building or structure unless a development permit for this purpose has been issued
by the Development Authority.
2. DEFINITIONS
It should be noted that the definitions contain reference locators (i.e. see Section 1) that have been italicized
for ease of reference. These references should not be interpreted as part of the definition and may be subject
to change.
For the purpose of the Land Use Bylaw and this Schedule, the following definitions apply:
A-BOARD means a temporary sign which is set on the ground, built of 2 similar pieces of
material and attached at the top by a hinge(s) so as to be self supporting when the bottom
edges are separated from each other and designed and built to be easily carried by 1 person.
See Section 8(2) Temporary Signs.
ABANDONED SIGN means a sign which advertises or identifies an activity, business, owner, product, lessee or
service which no longer exists or a sign for which no legal owner can be found.
ANIMATION means a projection style where action or motion is used to project sign content, including lighting
changes, special effects or pictures, but does not include changeable content.
AWNING means an adjustable or temporary roof-like covering fitted over windows and doors and used for
either shelter, advertising or decoration.
BALLOON SIGN means any inflatable device used or employed as a sign, that is
anchored to the ground or to a building or structure. See Section 8(2) Temporary Signs.
BANNER SIGN means a temporary sign that is made of lightweight material intended
to be secured to the flat surface of a building or structure, at the top and the bottom on all corners, excluding
official flags and emblems. See Section 8(2) Temporary Signs.
BENCH SIGN means a sign that is painted on or affixed flat to a bench.
BILLBOARD SIGN means a freestanding structure constructed to provide a
medium for advertising where the subject matter is not necessarily related to
a use at or around the parcel on which the billboard is located and where the
copy can be periodically replaced. See Section 8(7) Billboard Signs.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 3
CANOPY means a permanent fixture fitted over windows and doors and used for either shelter, advertising or
decoration.
CANOPY SIGN means a sign that is mounted, painted or otherwise attached to an awning, canopy or marquee.
See Section 8(3) Canopy Signs.
CHANGEABLE CONTENT means sign content which changes automatically through electronic and/or
mechanical means and may include typical features such as an electronic message centre or time and
temperature unit.
Mechanical changeable copy
Electronic/digital changeable content
CONSTRUCTION SIGN means a temporary sign which is placed on a site to advertise items such as the provision
of labour, services, materials or financing on a construction project. See Section 8(2) Temporary Signs.
DIRECTIONAL AND INFORMATION SIGN means a sign
the message of which is limited to providing direction
guidance, distance, facility or similar information and
which may contain a name or logo.
ELECTRONIC SIGN CONENT see Section 7 for SIGN CONENT and PROJECTION STYLES.
FASCIA SIGN means a sign attached across the face of the building, located approximately parallel thereto, in
such a manner that the wall becomes the supporting structure for, or forms the background surface of the
sign, which does not project more than 0.30 m (1 ft.) from the building. See Section 8(6) Fascia Signs.
FREESTANDING SIGN means a sign supported independently of a building, wall, or other structure by way of
columns, uprights, braces, masts or poles mounted in or upon grade. See Section 8(5) Freestanding Signs.
FRONTAGE means the front lot line and the side of a lot abutting a public roadway. Frontage does not include
any side of a lot abutting a lane unless the lane is the only means of physical access.
HOME OCCUPATION SIGN means a sign advertising a home occupation approved under the provisions of the
Land Use Bylaw.
LUMINOSITY means the measurement of brightness.
MESSAGE DURATION means the time during which a single message is displayed.
MULTI-TENANT SIGN means any type of sign that may contain sign content that advertises more than one
tenant and/or business. See Section 8 below for applicable sign type: e.g. freestanding sign, billboard sign,
portable sign, etc.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 4
MURAL SIGN means any picture, scene, graphic or diagram displayed on the exterior wall of a building for the
primary purpose of decoration or artistic expression and not created to solely display a commercial message
or depiction. See Section 8(8) Mural Signs.
OFF-PREMISES SIGN means any type of sign that may contain sign content that advertises or otherwise
identifies a service, product or activity conducted, sold or offered at a location other than the premises on
which the sign is located. See Section 7 (Sign Content, Projection Styles, and Illumination) and Section 8 (Sign
Types) for additional regulations for any and all signs containing off-premises sign content.
OFF-PREMISES SIGN CONTENT means sign content which advertises or otherwise identifies a service, product
or activity conducted, sold or offered at a location other than the premises on which the sign is located.
ON-PREMISES SIGN CONTENT means sign content which advertises a service, product or activity conducted,
sold or offered on the property that the sign is located.
OVERHANGING means that which projects over any part of any street, lane or other municipally owned
property.
PARAPET means the extension of a false front wall above a roof line.
POLITICAL POSTER SIGN means a temporary sign announcing or supporting candidates or issues in any election
or plebiscite. See Section 8(2) Temporary Signs.
PORTABLE SIGN means a sign that is not permanently affixed to a building, structure, or the ground and does
not include A-Board signs as defined in this Bylaw.
PROJECTING SIGN means a sign other than a canopy sign or fascia sign which is attached to and projects, more
than 0.30 m (1 ft.) horizontally from a structure or building face. For the purposes of this Bylaw shingle signs
are considered projecting signs. See Section 8(9) Projecting Signs.
PUBLIC TRANSPORTATION VEHICLE means publicly owned, operated and/or funded transit and transportation
facilities.
REAL ESTATE SIGN means a sign advertising real estate (i.e. property) that is for sale, for lease, or for rent or
for real estate that has been sold.
RESIDENCY IDENTIFICATION SIGN means a sign located on a lot in a residential district that provides for the
name and/or address of the owner or occupant of a dwelling.
ROTATING SIGN means a sign or portion of a sign which moves in a revolving manner. See Section 8 for
applicable sign type requirements: e.g. freestanding sign, billboard sign, portable sign.
ROOF SIGN means any sign erected upon, against, or directly above a roof or on top of or above the parapet
of a building.
SHINGLE SIGN means a small sign which is suspended from a mounting attached directly to the building wall.
Shingle signs are generally placed perpendicular to the face of a building and are typically found in pedestrian
oriented environments such as a downtown and/or historic district. See Section 8(9) Projecting Signs.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 5
Examples of shingle signs
SIGN means a lettered board and/or other public display intended for the advertising or calling attention to
any person, business, matter, message, object or event.
SIGN ALTERATION means the structural and/or projection style modification of a sign but does not include the
routine maintenance, painting or change in face, content, copy or lettering.
SIGN AREA means the entire area within a single continuous perimeter enclosing the extreme limits of a sign
and in no case passing through or between any adjacent elements of same. However, such perimeter shall not
include any structural elements lying outside the limits of such sign and not forming an integral part of the
display. See figure below.
SIGN CONTENT means the wording/lettering, message, graphics or content displayed on a sign.
SIGN CONTENT AREA means the entire area within a
single straight line geometric figure or a combination of
squares or rectangles that will enclose the extreme
limits of the advertising message or announcement
including decorations related to the specific nature of
the advertising message or announcement.
Sign area = length of A x length of B
Sign content area = length of C x length of D
SIGN HEIGHT means the vertical distance measured from the highest point of the sign or sign structure to the
finished grade.
SIGN ILLUMINATION means the lighting or exposure of a sign to artificial lighting either by lights on or in the
sign or directed toward the sign.
SIGN PROJECTION STYLE means the method by which the sign content is conveyed to the viewer (e.g.
lettering/logo, animation, changeable content, movement/motion).
SIGN TYPE means the type of structure of a sign (e.g. billboard, freestanding, portable, etc.) used to convey
sign content.
TEMPORARY SIGN means any sign permitted, designed or intended to be displayed for a short period of time
(not to exceed 30 days), not including portable signs, however including balloon signs, developer marketing
signs, land use classification signs, construction signs, political poster signs, window signs, banner signs, A-
board signs or any other sign that is not permanently attached to a building, structure or the ground.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 6
UNDER-CANOPY SIGN means a sign that is suspended from or below the ceiling or roof of an awning, canopy
or marquee.
VEHICLE SIGN means a sign attached to, painted on or installed on a vehicle other than a public transportation
vehicle, handi-bus, taxi cab or school bus.
WINDOW SIGN means a sign painted on, attached to or installed on a window intended to be viewed from
outside the premises. See Section 8(4) Window Signs.
3. PROHIBITED SIGNS
(1)
In all districts: signs which employ revolving, flashing or intermittent lights, or lights resembling
emergency services, traffic signals, railway crossing signals, hazard warning devices or other similar
lighting but does not include changeable content, sign projection styles or animation.
(2)
In all districts: signs which emit amplified sounds or music.
(3)
In any residential district: signs that employ animation or changeable content as the projection style.
(4)
In any non-residential district: signs that employ changeable content, animation or pictorial scenes at a
luminosity, intensity and/or interval which may create a public hazard or nuisance.
(5)
Any signs located within the public right-of-way or on public property, except for signs approved by the
Town of Cardston, which may include: canopy signs, projecting signs and temporary signs or signs
approved by the Province of Alberta or Federal Government.
(6)
Signs that are attached to or appearing on any vehicle or trailer which is parked on a public right of way
or any other public lands or on private land that is located adjacent to a public right of way with the
intent/purpose of displaying the sign to motorists and the public for any period of time excepting thereout
signs for special events organized by a non-profit association, group or organization for a display time
period not to exceed seven (7) days.
(7)
Any sign which has not obtained a development permit or any sign which has not been deemed exempt
from the requirement of obtaining a development permit as per this sign schedule [see Section 5 (Signs
Not Requiring A Permit)].
4. GENERAL STANDARDS AND REGULATIONS FOR ALL SIGNS
The following regulations shall be applied to all signs:
(1)
Unless otherwise specified, a development permit application is required for all signs. Application is made
using Form A, Appendix B, unless specifically exempt under Section 5 (Signs Not Requiring A Permit).
(2)
All signs shall be compatible with the general character of the surrounding streetscape and the
architecture of nearby buildings.
(3)
All signs shall be of quality construction and of a design suitable for public display.
(4)
All signs shall be maintained in good repair and a safe and tidy manner.
(5)
No sign shall be placed in a public road or laneway or sited in such a manner that the sign causes confusion
with or obstructs the vision of any information sign or a traffic control sign, signal, light or other traffic
device.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 7
(6)
No sign shall be located or placed in such a manner that it will create a potential hazard or conflict with
rights-of-way, easements or the routing of any public utility, and will not create a traffic hazard or obstruct
the public's view of any other signage.
(7)
The size, location, illumination and materials of all signs and outdoor advertising structures and features
shall not detract from the design of existing and proposed buildings and structures and the surrounding
properties.
(8)
Any sign which creates a traffic or a pedestrian hazard either due to its design or location shall not be
permitted.
(9)
A sign shall be located entirely within the subject lot unless prior written approval granting permission for
the sign to overhang another property is submitted to the Town by the affected property owner.
(10) A sign shall not be erected on any property unless permission is granted in writing from the registered
property owner.
(11) Sign alterations (e.g. change in size, shape, type, illumination, sign projection style, etc.) shall not be made
without first obtaining the required development permit.
(12) Any signs that rotate, employ animation or changeable content require approval of the Development
Authority.
(13) In all cases, the required distance from overhead power and service lines, as set forth in the Alberta
Electrical Utility Code, shall be maintained.
(14) A sign shall not be attached to a public bench, light standard, utility pole or any other publicly owned
structure or building without prior written authorization from the Development Authority.
(15) The source of light for all sign illumination shall be steady and suitably shielded.
(16) Subsequent to approval from the Development Authority, signs may be permitted to locate within the
setback requirement of a land use district if it does not interfere with visibility at an intersection and
complies with other requirements of this sign schedule.
(17) The following rules apply to all types of signs on municipal property:
(a)
no signs shall be located on, erected on, or attached to municipal property, buildings or structures
unless permission is granted in writing from the Town;
(b)
if permission is granted for a sign to be located on, erected on, or attached to municipal property,
buildings or structures, the sign type shall comply with all applicable sign regulations contained
within this Land Use Bylaw;
(c)
any sign located on, erected on, or attached to municipal property without authorization from the
Town, may be removed without notice.
(18) Any abandoned sign shall be removed at the property owner's expense. If abandoned signs are not
removed the Town may remove the sign.
(19) Any sign overhanging public or Town-owned property shall be required to provide proof of insurance and
may be required to enter into a save harmless agreement with the Town.
(20) The Town shall not be held liable for any injury, loss or damage suffered by any person or corporate body
which is caused by any sign located in the Town whether or not the sign is in accordance with the
requirements of this Bylaw.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 8
5. SIGNS NOT REQUIRING A PERMIT
The following signs do not require a sign permit, but shall otherwise comply with this Bylaw and be suitably
maintained to the satisfaction of the Development Authority.
(1)
Construction signs which do not exceed 3 m2 (32 ft2) in area provided such signs are removed within 14
days of the completion of construction;
(2)
Fascia signs on a shipping container that are placed temporarily on a construction site in compliance with
Schedule 3, Section 4(d);
(3)
Banner signs which are displayed for a period of time not exceeding 30 days;
(4)
Signs, notices, placards, or bulletins required to be displayed:
(a)
in accordance with the provisions of federal, provincial, or municipal legislation;
(b)
by or on behalf of the federal, provincial, or municipal government;
(c)
on behalf of a department, a commission, a board, a committee, or an official of the federal,
provincial, or municipal government;
(5)
Signs located on public transportation vehicles or taxi-cabs;
(6)
Signs located inside a building and not intended to be viewed from the outside;
(7)
The name and address of a building when it forms an integral part of the architectural finish of that
building;
(8)
Street numbers or letters displayed on a premises where together the total sign content area is less than
1 m2 (10.8 ft2);
(9)
Residency identification signs which state no more than the name and/or address of the person(s)
occupying the lot, provided the sign is no greater than 0.37 m2 (4 ft2) in area;
(10) Signs placed on premises for the guidance, warning, or restraint of persons and/or vehicles;
(11) Municipal road signs used for street name identification or traffic direction and control;
(12) Vehicle signs except as prohibited in Section 3 (Prohibited Signs);
(13) Entrance or exit signs used for the purpose of directing traffic providing:
(a)
those signs do not display any advertising message, other than a business logo, and
(b)
the sign area does not exceed 1 m2 (10.8 ft²) in area, and
(c)
the sign height does not exceed 1.22 m (4 ft.);
(14) Any and all signs where all relevant details of the subject sign(s) have been submitted, evaluated and
approved as part of a separate development permit application;
(15) A-board signs which do not interfere with pedestrian or vehicular traffic where the owner of the sign
submits written authorization from the owner of the land where the sign is to be located and where the
sign is removed from that location on a daily basis, or where the Town is the owner of the land (e.g.
roadway or sidewalk) the sign may be allowed during normal business hours;
(16) The alteration of a sign which only includes routine maintenance, painting or change in face, content or
lettering and does not include modification to the sign structure or projection style;
(17) Freestanding signs for community / neighbourhood / subdivision identification purposes where all
relevant details and design drawings have been submitted, evaluated and approved as part of a
subdivision application process;
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 9
(18) All signs for public buildings except for freestanding signs, and any signs that contain movement/motion
(i.e. rotate, etc.), or employ animation or changeable content, which shall require the approval of the
Development Authority;
(19) Real estate signs, provided all such signage is removed within 30 days after the sale or lease of the
premises upon which the sign is located and these signs shall not be placed in a road;
(20) Garage sale signs which do not exceed 1 m2 (10.8 ft²) in area, provided the owner of the property upon
which the sign is located has approved its placement and the sign is removed immediately upon the
conclusion of the sale. These signs shall not be displayed for more than 48 hours in a seven-day period;
(21) On-premises directional and informational signage and incidental signs 0.37 m2 (4 ft2) or less in area;
(22) Any traffic or directional and informational signage erected by the Town, Province of Alberta or Federal
government;
(23) Any community service bulletin board erected by the Town and any notices posted on the bulletin board;
(24) Any window sign painted on, attached to or installed on a window provided that no more than 50 percent
of the subject window area is covered;
(25) Any sign appearing on street furniture, such as benches or garbage containers, that are located on private
property;
(26) Any sign appearing on street furniture, such as benches or garbage containers, that are located on public
land if an agreement to locate the street furniture has been reached with the Town;
(27) Under-Canopy signs that are not illuminated and/or do not overhang pubic property and meet the
regulations for under-canopy signs as per this sign schedule;
(28) Political poster signs provided all such signage is removed within 5 days after the closing of the polling
stations for the relevant election or plebiscite and comply with the following requirements:
(a)
signs cannot emit sound, use video features or be illuminated;
(b)
signs shall be maintained in a condition that is neat and shall not be unsightly or dangerous;
(c)
signs shall not interfere with or be confused with a traffic control device;
(d)
signs shall not interfere with the safe and orderly movement of pedestrians or vehicles, or restrict
the sight lines for pedestrians or motorists;
(e)
signs shall not exceed 1.11 m2 (12 ft2) in area, 1.22 m (4 ft.) in height, and be self supporting;
(f)
signs shall not be posted for more than 60 days;
(g)
signs shall not be posted within the property boundaries of any existing Town owned land or facility
or any sidewalks or road right of way adjacent to Town owned land or facilities but, may be posted
on boulevards and road rights of way adjoining parks and playing fields; and
(h)
signs shall be a minimum of 3.05 m (10 ft.) from any road access and a minimum of 4.88 m (16 ft.)
from any intersection;
(29) Portable and temporary signs used for traffic, construction, event promotion, emergency or other public
purposes by the Town of Cardston.
(30 Portable Sign Type A signs for no more than seven (7) days on any parcel or location once in a calendar
year.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 10
6. SIGN PERMIT APPLICATION REQUIREMENTS
(1)
An application for a development permit for a sign shall be made to the Development Authority by an
applicant, a landowner, or someone that has been authorized by the landowner (i.e. agent) to submit a
development permit application, on a completed application form.
(2)
An application for a development permit to erect, place, alter or relocate a sign shall also be accompanied
by:
(a)
the name and address of:
(i)
the sign manufacturer or company, and
(ii)
the lawful sign owner;
(b)
a letter of authorization from the affected registered property and/or building owner (if the
applicant in not the landowner).
(3)
The Development Authority may require any additional information deemed necessary to evaluate a
development permit application for a sign, but generally, an application for a permit to erect, place, alter
or relocate a sign shall be made to the Development Authority and shall be accompanied by photographs
and/or drawings, to an appropriate scale, showing where applicable:
(a)
the location of all existing and proposed sign(s);
(b)
the setback distance(s) from the proposed sign(s) to all existing freestanding and billboard signs;
(c)
the size, height, and area of the proposed sign(s), including any supporting structures;
(d)
details with respect to the sign content (i.e. wording/lettering, text, message, graphics, etc.);
(e)
the colour and design scheme;
(f)
materials specifications;
(g)
location of the property boundaries of the parcel upon which the proposed sign(s) is to be located;
(h)
utility rights-of-way, access easements and any other related encumbrances;
(i)
location of existing building(s) on the site;
(j)
the type of illumination, animation and/or changeable content, if any, and details with respect to
the proposed luminosity intensity and/or interval;
(k)
If a sign is to be attached to a building, the details regarding the extent of the projection.
7. SIGN CONTENT, PROJECTION STYLES AND ILLUMINATION
1.
OFF-PREMISES SIGN CONTENT
Off-premises sign content means any sign content, which advertises or otherwise identifies a service, product
or activity conducted, sold or offered at a location other than the parcel on which the sign is located. Off-
premises sign content typically applies to freestanding or portable signs.
(1)
Except for billboards, signs containing off-premises sign content shall only identify businesses or services
licensed to operate in the Town of Cardston, charitable organizations or service clubs.
(2)
All signs containing off-premises sign content shall comply with all other provisions and regulations of this
Bylaw and sign schedule, unless specifically exempted.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 11
(3)
A separation distance for freestanding signs containing off-premises sign content shall comply with
Section 8 (Sign Types), Section 5(5) of this Schedule.
(4)
A separation distance for billboards containing off-premises sign content shall comply with Section 8 (Sign
Types), Section 5(7) of this Schedule.
2.
PROJECTION STYLES
(1)
The content of any sign type (i.e. portable, freestanding, billboard, etc.) may be projected, at the
discretion of the Development Authority, using one or a combination of more than one of the following
projection styles.
(a)
Lettering/Logo: means the
sign content contains simple
wording, lettering. logo or
graphics that are not
animated, moving or cannot
be changed automatically.
(b)
Animation: means the sign
content or a portion of the
sign content contains action
or motion, including lighting
changes, special effects or
pictures, but does not mean
changeable content.
(c)
Changeable content: means
the sign content or a portion
of the sign content changes
automatically through
electronic and/or mechanical
means.
Mechanical
changeable content
Electronic/digital
changeable content
(d)
Movement/motion: means
the sign, sign content or a
portion of the sign conveys
its message to the public
through the movement or
motion of its mechanical
parts. Typical signs using this
projection style include
rotating signs.
Any change in projection style requires the submission of a new development permit application.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 12
3.
ILLUMINATION
Any sign may be considered illuminated if it is lighted by or exposed to artificial lighting either by lights on or
in the sign or directed toward the sign. The Development Authority may regulate the type, direction and
luminosity of the illumination. See Section 8 of this Schedule for specific regulations pertaining to the
illumination of various sign types (e.g. portable, freestanding, billboard, etc.).
4.
ANIMATED/ELECTRONIC MESSAGE DURATION STANDARDS
Any sign employing non-static (moving or animated) content that is readily in view from a roadway shall be
subject to a condition that the message shall be completely static for a minimum of 4.0 seconds. After 4.0
seconds the message may change or a new message may appear. Animated scrolling, flashing or other
movements may occur for a maximum of 2.0 seconds between messages at the discretion of the Development
Authority. A sign that uses non-static content that is limited only to text may be exempted from the above
requirement.
8. SIGN TYPES
1.
PORTABLE SIGNS
PORTABLE SIGN means a sign that is not permanently affixed to a building, structure, or the ground and does
not include A-Board signs as defined in this Bylaw.
1A - PORTABLE SIGN TYPE A means a portable sign not projected by using electronic content or animation.
1B-- PORTABLE SIGN TYPE B means a portable sign projected by using electronic content or animation.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 13
(1)
All portable signs require a development permit except those signs exempted in Schedule 12, Section 5
(Signs Not Requiring A Permit).
(2)
Portable signs projected using animation, digital or electronic changeable copy shall be at the discretion
of the Development Authority.
(3)
Portable signs shall be allowed for the announcement of special events, sales, or circumstances where a
sign is needed for short specified time periods.
(4)
A development permit for a portable sign will be valid for a period of no longer than 60 days.
(5)
Once the permit has expired for a portable sign at a location address, application for another portable
sign on the same site shall not occur until 30 days has elapsed from the expiration of the previously
approved permit or 30 days from the date at which the portable sign is removed, whichever is the later
of the two dates.
(6)
Portable signs shall not be allowed in any residential land use district unless placed on Town boulevards
and permission has been obtained from the Town of Cardston.
(7)
The sign area of a portable sign shall not exceed 5.57 m2 (60 ft2).
(8)
Permits for portable signs shall not be issued for locations where damage to municipal infrastructure may
be caused.
(9)
No more than one portable sign per business frontage or where there are two (2) or more frontages, a
total of two (2) portable signs may be located on a single lot or premises, except in a designated tourism
signage area where more than two (2) portable signs may be located at the discretion of the Development
Authority.
(10) No portable sign (including electrical cords) shall be placed on or extend over or project into any municipal
property or beyond the boundaries of the private lot or premises upon which it is sited without the written
authorization of the Development Authority.
(11) All portable signs shall be located within the property lines of the location address shown on the
development permit application.
(12) The proposed advertising copy and/or business shall be indicated at the time of the development permit
application.
(13) The Development Authority may require the posting of a security with the Town to ensure compliance
with any and all conditions of approval and the removal of the sign on or before the date of expiry of the
permit.
(14) A portable sign shall not be allowed to locate or remain on a site without a development permit, whether
the sign displays any advertising or not.
(15) Portable signs may contain off-premises sign content as defined in Section 2 (Off-Premises Sign Content)
of this Schedule.
(16) The Development Authority must only approve the location of the portable sign on the premises after
having given due consideration for the location of power supply, sight lines visibility, parking pattern on
the site and/or any other site specific development constraints that the Development Authority considers
relevant.
2.
TEMPORARY SIGNS
TEMPORARY SIGN means any sign permitted, designed or intended to be displayed for a short period of time,
not including portable signs, however including balloon signs, construction signs, political poster signs, banner
signs, A-board signs or any other sign that is not permanently attached to a supporting structure or building.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 14
(1)
All temporary signs require a development permit except those signs exempted in Schedule 12, Section 5
(Signs Not Requiring A Permit).
(2)
A development permit for a temporary sign will be valid for a period of no longer than 60 days.
(3)
Once the permit has expired for a temporary sign at a location address, application for another temporary
sign on the same site shall not occur until 30 days has elapsed from the expiration of the previously
approved permit or 30 days from the date at which the temporary sign is removed, whichever is the later
of the two dates.
(4)
No temporary signs shall be suspended on or between support columns of any permanent sign such as a
freestanding sign or billboard sign, notwithstanding any other sign that may be considered as permanent
by the Development Authority.
(5)
The maximum sign area of a temporary sign shall be no greater than 5.57 m2 (60 ft2).
(6)
No posters or signs shall be placed on any public utility such as a power pole.
(7)
No posters or signs shall be placed on municipal, provincial or federal signage.
3.
CANOPY SIGNS
CANOPY SIGN means a sign that is mounted, painted or otherwise attached to an awning, canopy or marquee.
Examples of canopy signs
(1)
All canopy signs require a development permit except those signs exempted in Schedule 12, Section 5
(Signs Not Requiring A Permit).
(2)
No part of a canopy sign shall project more than 1.22 m (4 ft.) over a public sidewalk or within 1 m (3.3 ft.)
of a curb adjoining a public roadway.
(3)
A canopy sign shall be mounted no less than 2.44 m (8 ft.) above grade.
(4)
A canopy sign or any physical supports for the sign shall not extend beyond the lateral or vertical
dimensions of the canopy or its apron.
(5)
A canopy sign shall not be clad with wood, metal, or solid fibre glass.
(6)
Approval of any canopy signage overhanging public land under the sign regulations is conditional upon
the owners and/or occupiers of the premises upon which said sign is located providing proof of liability
insurance, and entering into an encroachment and hold harmless agreement with the Town of Cardston.
The agreement may be registered on title.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 15
4.
WINDOW SIGNS
WINDOW SIGN means a sign painted on, attached to or installed on a window intended to be viewed from
outside the premises.
Examples of window signs
(1)
All window signs require a development permit except those signs exempted in Schedule 12, Section 5
(Signs Not Requiring A Permit).
(2)
In any residential district, one per lot not to exceed 0.37 m2 (4 ft2) in area may be permitted.
(3)
In all other districts, one or more window signs painted on, attached to or installed on a window may
cumulatively occupy no more than 50 percent of the subject window area.
5.
FREESTANDING SIGNS
FREESTANDING SIGN means a sign supported independently of a building, wall, or other structure by way of
columns, concrete foundation, uprights, braces, masts, or poles mounted in or upon grade.
Examples of freestanding signs
(1)
All freestanding signs require a development permit except those signs exempted in Schedule 12, Section
5 (Signs Not Requiring A Permit).
(2)
No more than one freestanding sign per business frontage may be erected.
(3)
The sign area of a freestanding sign shall not exceed 6.50 m² (70 ft²) per face.
(4)
Freestanding signs shall have a minimum separation distance of 30 m (98 ft.) for those signs located on
the same side of a roadway.
(5)
Freestanding signs with off-premises sign content shall have a separation distance of 152 m (500 ft.).
(6)
All freestanding signs shall be completely located on the same lot as the use being advertised, with the
exception of off-premises sign content approved in accordance with the provisions of this sign schedule.
(7)
No temporary signs shall be suspended on or between support columns of any freestanding sign.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 16
(8)
Freestanding signs that may be proposed within a clear vision triangle area of a corner lot shall meet the
requirements of Schedule 4, Section 7 (Clear Vision Triangle for Corner Lots).
(9)
In residential districts freestanding signs shall not be permitted except
for the following purposes:
(a)
community / neighbourhood / subdivision identification purposes;
(b)
approved multi-unit residential development projects; and
(c)
institutional facilities and uses, and child care facilities.
(10) Freestanding signs shall be subject to the following maximum height
and area restrictions:
(a)
in the C1 and C3 districts, the maximum height shall be 7.62 m (25 ft.) and the maximum sign area
shall be 7 m2 (75 ft²) on each of a multiple-sided sign.
(b)
in the C2, I1, I2 districts, the maximum height shall be 9.14 m (30 ft.) and the maximum sign area
shall be 15 m2 (161 ft²) on each side of a multiple-sided sign.
6.
FASCIA SIGNS
FASCIA SIGN means a sign attached across the face of the building, located approximately parallel thereto, in
such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign,
which does not project more than 0.30 m (1 ft.) from the building.
Examples of fascia signs
(1)
All fascia signs require a development permit except those signs exempted in Schedule 12, Section 5 (Signs
Not Requiring A Permit).
(2)
The total maximum sign area permitted for fascia signs is 11.15 m² (120 ft²) or 15 percent of the area
formed by each building face or bay.
(3)
A fascia sign shall not project more than 0.30 m (1 ft.) from the face of a building.
(4)
Whenever there is a band of several fascia signs, they should be of a consistent size and located near the
same level as other similar signage on the premises and adjacent buildings.
(5)
A fascia sign shall not be located above any portion of a street, or project over public property, unless the
fascia sign maintains a minimum clearance from grade of 2.44 m (8 ft.) and the maximum projection shall
be no greater than 0.30 m.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 17
7.
BILLBOARD SIGNS
BILLBOARD SIGN means a freestanding structure
constructed to provide a medium for advertising where
the subject matter is not necessarily related to a use at or
around the parcel on which the billboard is located and
where the copy can be periodically replaced.
(1)
All billboard signs require a development permit
except those signs exempted in Schedule 12, Section
5 (Signs Not Requiring A Permit).
(2)
Billboard signs shall be limited to lots immediately
adjacent to Highway 2 and 5 within Town limits.
(3)
There shall be a 300 m (984 ft.) separation distance between billboard signs on the same side of the
highway.
(4)
There shall be a 300 m (984 ft.) separation distance between billboard signs on opposite sides of the
highway.
(5)
The permitted maximum sign area shall be restricted to 18.58 m2 (200 ft2).
(6)
Signs shall be located so as to not become a visual obstruction or other traffic hazard.
(7)
No billboard sign shall be illuminated unless the source of light is steady and suitably shielded.
(8)
Any electrical power supply to billboard signs shall be located underground.
(9)
Billboard signs shall not have animation, electronic changeable copy or any moving or rotating parts.
(10) A billboard sign shall not conflict with the prevailing character of the surrounding streetscape or the
architecture of any nearby buildings and adjacent land uses.
(11) Billboards shall be constructed of high-quality construction materials and be maintained in a satisfactory
state of repair.
(12) The Development Officer shall refer any billboard sign applications to Alberta Transportation for
comment.
(13) The applicant shall be responsible for obtaining any other necessary municipal, provincial or federal
permits.
(14) Billboard signs shall be removed by their owner once development commences on the subject site.
8.
MURAL SIGNS
MURAL SIGN means a painting or other decorative work applied to and made integral with an outside wall
surface of a building.
Mural Sign Examples
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 18
(1)
All mural signs require a development permit except those signs exempted in Schedule 12, Section 5 (Signs
Not Requiring A Permit).
(2)
No more than one mural sign shall be allowed per commercial building unless specifically authorized by
the Development Authority.
(3)
The location, theme, construction materials and size associated with the mural shall be to the satisfaction
of the Development Authority.
(4)
The mural must be a painting or other decorative work (artistic rendering/scene) and no mural shall be
created to solely display a commercial message or depiction.
(5)
The Development Authority may require that the mural content be reflective of the Town's history and/or
heritage.
(6)
Display of text, including a business name or commercial message, within a mural shall not exceed 10
percent coverage of the wall surface area, up to a maximum coverage size of 9.29 m² (100 ft2).
9.
PROJECTING SIGNS
PROJECTING SIGN means a sign other than a canopy sign or fascia sign which is attached to and projects, more
than 0.30 m (1 ft.) horizontally, from a structure or building face. For the purposes of this Bylaw shingle signs
are considered projecting signs and are referenced in subsection (9) below.
Examples of projecting signs
(1)
All projecting signs require a development permit except those signs exempted in Schedule 12, Section 5
(Signs Not Requiring A Permit).
(2)
Projecting signs shall be placed:
(a)
at right angles to the building face to which they will be attached; or
(b)
in the case of corner sites, placed at equal angles to the building faces that form the corner.
(3)
Approval of any projecting signage overhanging public land under the sign regulations is conditional upon
the owners and/or occupiers of the premises upon which said sign is located providing proof of liability
insurance, and hold harmless agreement with the Town of Cardston. The agreement may be registered
on title.
(4)
Projecting signs shall have a minimum vertical clearance of 2.44 m (8 ft.) measured between the lower
sign edge and grade.
(5)
A projecting sign shall not extend horizontally more than 2 m (6.5 ft.) from a structure or building face.
(6)
A part of a projecting sign shall not project or extend within 1.52 m (5 ft.) horizontally of the edge of a
curb or roadway.
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 19
(7)
The maximum allowable height for a projecting sign, measured from the top of the sign to grade, shall
not exceed the lesser of:
(a)
the height of the eave line or roof line,
(b)
6 m (20 ft.),
(c)
or to the satisfaction of the Municipal Planning Commission.
(8)
One projecting sign per business area may be allowed provided the maximum sign content area does not
exceed 5 m2 (54 ft2) in area.
(9)
Shingle signs are part of a specialized and narrow class of projecting signage typically found in pedestrian
oriented environments such as downtowns and/or historic districts and are subject to the following
limitations:
(a)
they may not be attached to a structure other than a building;
(b)
they may not project more than 0.91 m (3 ft.) from the surface of the building to which it is attached;
(c)
they may not contain more than a total of 0.46 m2 (5 ft2) of display surface, excluding the supporting
structure;
(d)
they may be only as high as the eave line of the building surface to which it is attached or 3.35 m
(11 ft.) above grade, whichever is lower;
(e)
they may not be lower than 2.29 m (7.5 ft.);
(f)
they may not be internally illuminated;
(g)
they may not be more than four inches or less than one-half inch thick, except as reasonably required
in connection with some graphic element of the sign;
(h)
the total fascia sign display area otherwise permitted shall be reduced by the sign content area,
excluding the supporting structure, of the shingle sign approved;
(i)
only one shingle sign may be approved for installation on a single frontage of a premises; and
(j)
no shingle sign may be approved for a premises for which a freestanding sign permit is outstanding.
10. UNDER CANOPY SIGNS
UNDER-CANOPY SIGN means a sign that is suspended from or below the ceiling or roof of an awning, canopy
or marquee.
Examples of under canopy signs
(1)
All under canopy signs that are illuminated or overhang public property require a development permit
except those signs exempted in Schedule 12, Section 5 (Signs Not Requiring A Permit).
(2)
The maximum vertical dimension of an under-canopy sign shall be 0.30 m (1 ft.).
(3)
The minimum vertical distance between grade and the lowest part of the sign shall be 2.44 m (8 ft.).
Town of Cardston Land Use Bylaw No. 1647
SCH 12 | 20
11. ROOF SIGNS
ROOF SIGN means any sign erected upon, against, or directly above a roof or on top of or above the parapet
of a building.
(1)
All roof signs require a development permit except those signs exempted in Schedule 12, Section 5 (Signs
Not Requiring A Permit).
(2)
No more than one roof sign per building shall be permitted.
(3)
A roof sign shall not project more than 2 m (6.5 ft.) above the highest point of the roof.
(4)
A roof sign shall not utilize animation, electronic changeable content and/or movement/motion as the
chosen projection style(s).
(5)
Where the roof sign display surfaces are back-to-back in a common structure, it shall be construed to be
a single sign.
(6)
Every roof sign shall be erected in such a manner that the support structure, guy wires, braces, and all
other secondary supports are not visible, so that the roof sign appears to be an architectural component
of the building, unless otherwise directed by the Municipal Planning Commission.
(7)
No roof sign shall extend beyond the ends or sides of the building.
(8)
The maximum sign area of a roof sign shall be no greater than 5.57 m2 (60 ft2).
(9)
Roof signs shall not contain off-premise sign content.
12. OTHER SIGNS
When a sign cannot be clearly categorized as one of the sign types as defined in this Bylaw, the Development
Authority shall determine the sign type and any and all applicable controls.
SCHEDULE 13: DEFINITIONS
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 1
SCHEDULE 13: DEFINITIONS
I N D E X
A
Abattoir
Accessory Building
Accessory Housing
Accessory Structure
Accessory Use
Addition
Adjacent Land (Site) or Adjacent
Adult Entertainment Facility
Affordable Housing
Agricultural Related Business
Alter or Alteration
Alternative/Renewable Energy, Commercial/
Industrial
Amenity Space, Private Outdoor
Amusement Facility
Anhydrous Ammonia Storage
Apartment
Appeal
Applicant
Area Structure Plan
Assisted Living Facility
Attached Garage
Auto Body Repair and Paint Shop
Automotive Repair and Service Shop
Automotive Sales and Service
Awning
B
Balcony
Bay
Bay Window
Basement
Bed and Breakfast
Belt Course
Berm
Building
Building Form
Building Height
Building Inspector
Building Massing
Building Permit
Building Scale
Building Supplies Store
Building and Trade Contractor
Buffer
Bulk Fuel Storage and Sales
Bulk Oil Depot
Business
Business Support Service
C
Campground, Institutional
Campground, Tourist
Cannabis
Cannabis Accessory
Cannabis Production Facility
Cannabis Retail Sales
Canopy
Cantilever
Car Wash
C-Container
Cemetery
Certificate of Compliance
Change of Use
Child Care Facility
Clear Vision Triangle
Club/Fraternal Organization
Common Wall
Comprehensive Development
Comprehensive Plan
Community Garden
Concrete Batch Plant
Condominium
Contractor, Building and Trade
Contractor, Heavy Duty Equipment
Convenience Store
Corner Lot
Cornice
Council
Coverage
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 2
Cultivation of Land
D
Day Care Services
Day Home
Deck
Deck, Uncovered
Demolition
Detached Garage
Developable Area
Development Officer
Developer
Development
Development Agreement
Development Area
Development Authority
Development Permit
Discontinued Use
Discretionary Use
District
Drive-in/Drive-through Restaurant
Drive-through
Dwelling
Dwelling, Apartment
Dwelling, Duplex
Dwelling, Garage Suite
Dwelling, Garden Suite
Dwelling, Moved-in
Dwelling, Multi-unit
Dwelling, Row
Dwelling, Secondary Suite
Dwelling, Semi-detached
Dwelling, Semi-detached, Isolated
Dwelling, Semi-detached, Pre-planned
Dwelling, Single-detached, Site-built
Dwelling, Single-detached, Site-built (Existing)
Dwelling, Single-detached Manufactured
Dwelling, Single-detached Manufactured, Double-
wide
Dwelling, Single-detached Manufactured, Single-
wide
Dwelling, Single-detached Prefabricated
Dwelling, Single-detached Prefabricated, Modular
Dwelling, Single-detached Prefabricated, Ready-to-
move
Dwelling, Single-detached Prefabricated, Panellized
Dwelling, Pre-planned
Dwelling Unit
E
Easement
Eave Line
Eaves
Educational Institution
Enclosed
Encroachment
Equipment Sales, Rental and Service
Existing
Extensive Agriculture
F
Farm Building and Structure
Farmer's Market
Farm/Industrial Machinery Sales, Rental and
Service
Feed Mill/Grain Elevator
Fence
Fertilizer Storage and Sales
Filling
Financial Institution
Fireplace Chase
Fitness Centre
Flood Fringe
Flood Fringe, High Hazard
Flood Proofing
Flood Risk Area
Flood Way
Floor Area
Floor Area, Gross
Floor Area, Net
Floor Area Ratio
Food Processing Facility
Form, Building
Foundation
Front Yard
Front Yard, Secondary
Frontage
Frontage, Business
Funeral Home
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 3
G
Garage
Garden Centre/Greenhouse, Commercial
Garden Shed
Gas Bar
Golf Course
Government Services
Grade, Building
Grade, Landscaped
Grain Elevator
Greenhouse, Commercial
Greenhouse, Residential
H
Health Care Services
Heavy Duty Equipment Contractor
Heavy Machinery Excavation
Highway Commercial Building
Home Occupation
Horticulture Operations or Facilities
Hospital
Hotel
I
Indoor Recreation, Private
Indoor Recreation, Public
Industry with a Heavy Utility Demand
Infill Development
Issuance
K
Kennel
L
Landing
Landowner
Landscaped Area
Landscaping
Land Use District
Lane
Laundromat
Light Fabrication Shop
Liquor Store
Livestock Confinement Operation or Facility
Livestock Sales Yard
Loading Area
Lodging House
Lot
Lot Area
Lot, Corner
Lot Coverage
Lot, Double Fronting
Lot Frontage
Lot, Interior
Lot Length
Lot Line
Lot, Vacant
Lot Width
Lounges/Beverage Rooms
M
Machinery and Equipment Rental
Maintenance/Utility Uses
Manufactured Double-wide
Manufactured Dwelling
Manufactured Home Area
Manufactured Home Park
Manufactured Single-wide
Manufacturing, Heavy
Manufacturing, Light
Market Garden
Massing
Measurable Standard
Medical/Health Facility
Minimum Yard Dimension
Mobile Home
Mobile Home Park
Modular Dwelling
Motel
Motor Vehicle Repair Shop
Moved-in Building
Moved-in Dwelling
Multi-unit Dwelling
Municipal Development Plan
Municipal Government Act
Municipal Planning Commission
Municipal Reserve
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 4
Municipal/School Reserve
Municipality
Museum
N
Natural Resource Extraction
Net Floor Area
Nightclub
Non-Compliance
Non-Conforming Building
Non-Conforming Use
Noxious and Hazardous Use
Nudity
Nursing Home (Extended Care Facility)
O
Office
Off-Site Levy
Orientation
Outdoor Recreation Facility
Outdoor Recreation and Sports Fields
Outside Display
Outside Storage
Owner of Land
P
Parcel
Park Maintenance/Storage Uses
Park Model Trailer
Parking Facility
Parks and Playgrounds
Patio
Permitted Use
Personal Services
Pet Care Services
Plan of Subdivision
Planning Advisor
Porch
Portico
Pre-Planned Development
Principal Building
Principal Use
Privacy Wall
Private Utility
Prohibited Use
Public Area
Public Assembly
Public Open Space
Public Place
Public Roadway
Public Utility
R
Railway and Railway Related Uses
Ready-to-move Dwelling
Real Property Report (RPR)
Rear Yard
Recreation, Passive
Recreational Use, Licensed
Recreational Vehicle
Recycling Facility
Registered Owner
Religious Assembly
Residential Accommodation in Conjunction
with an Approved Commercial Use
Residential Care Facility
Restaurant
Restaurant, Licensed
Retail
Retail - Large-scale
Right-of-Way
Road
S
Safety Codes
Sales and/or Rentals
Salvage Yard
Sand Blasting Facility
Satellite Dish
Scale, Building
School
School (Private)
School Reserve
Screening
Seasonal Sales
Secondary Front Yard
Secondary Suite
Seed Cleaners and Storage
Semi-Detached Dwelling
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 5
Semi-Detached Dwelling-- Isolated
Semi-Detached Dwelling - Pre-Planned
Senior Citizen Housing
Service Station
Setback
Setback, Secondary Front
Shall
Shared Parking
Shipping Container
Shooting/Rifle Range
Shopping Centre
Should
Short-Term Rental 1
Short-Term Rental 2
Shrub
Side Yard
Signs (Refer To Schedule 12: Sign Regulations)
Sill
Similar Use
Single-Detached Dwelling Site-Built
Site
Site Coverage
Site Depth
Site Plan
Site Servicing Plan
Site Width
Small Wind Energy System - See Schedule 5
Sod Farm
Solar Collector
South Saskatchewan Regional Plan
Special Care Facility
Staff Residence
Stake Out of the Site
Stop Order
Storey
Storm Water Management Facilities
Street
Street Minor Line
Structural Alteration, Major
Structure
Studio Suite
Subdivision
Subdivision and Development Appeal Board
Matters Related to Subdivision and Development
Regulation
Subdivision Approval
Subdivision Authority
Swimming Pool, Private
T
Television or Radio Antennae Towers, Excluding
Offices, Studios, etc.
Temporary
Temporary Structure
Terrace
Tourist Information Services and Facilities
Town
Tree
Truck Transportation Depot
Truck Wash
U
Uncovered Deck
Unenclosed
Unfinished Building
Utility
Utility, Private
Utility, Public
Utility Right-of-Way
V
Vacant Lot
Variance
Veranda
Veterinary Clinic
Veterinary Clinic - Small Animal
W
Waiver
Waiver, Minor
Warehouse
Warehouse, Retail
Warehouse, Wholesale
Warehouse Storage
Waste Disposal Facility
Water Treatment Plant
X
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 6
Xeriscaping/Xerigardening
Y
Yard
Yard, Front
Yard, Rear
Yard, Secondary Front
Yard, Side
Z
Zero Lot Line Setback
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 7
A
ABATTOIR means premises where livestock is slaughtered and the meat is cut, cured, smoked, aged, wrapped, or
frozen for sale or distribution.
ACCESSORY BUILDING means any detached building which is separate from the principal building on the lot on which
both are located, and the use of which is subordinate and incidental to that of the principal building in the opinion
of the Development Authority. The accessory building shall not include a dwelling. A principal building or use must
be approved and legally established before an accessory building can be approved.
ACCESSORY HOUSING means a permanent dwelling that is secondary to an established principal form of housing
located on the same property and includes Secondary Suites, Garage Suites and Garden Suites.
ACCESSORY STRUCTURE means any structure that is incidental or subordinate to and located on the same lot as a
principal building, structure, or use. A principal structure or use must be approved and legally established or
approved before an accessory structure can be approved. When a building or structure is attached to the principal
building by a roof, floor or foundation above or below grade, it is considered to be part of the principal building.
ACCESSORY USE means a use or development customarily incidental and subordinate to the principal use or building
and is located on the same parcel as such principal use or building. A principal use must be legally established or
approved before an accessory use can be approved.
ADDITION means adding onto an existing building, provided that there are no structural changes to the existing
building, no removal of the roof structure, and no removal of the exterior walls, other than that required to provide
an opening for access from, and integration of, the existing building to the portion added thereto and there is a
common structural connection from the existing building to the addition that includes a foundation, constructed to
the minimum standards outlined in the Alberta Building Code, and a roof.
ADJACENT LAND (SITE) or ADJACENT means land/site that is contiguous, or would be continuous, if not for a highway,
road, river, or steam, in accordance with the Municipal Government Act.
ADULT ENTERTAINMENT FACILITY means
(a) an adult public venue or establishment where, either as a principal activity or an activity ancillary to some other
activity which is conducted on the premises,
(i)
live performances take place, or
(ii)
motion pictures, video tapes, digital video discs, slides or other electronic productions are shown,
involving or depicting the nudity of any person;
(b) a night club, lounge/beverage room, restaurant, eating establishment or other similar establishment where,
either as a principal activity or an activity ancillary to some other activity which is conducted on the premises,
(i)
live performances or displays by a person (e.g. exotic dancing, etc.) take place, or
(ii)
competitions are engaged in, involving the nudity of any person;
(c) a development that the Development Authority considers to be similar to any of those described in clauses (a)
and (b).
AFFORDABLE HOUSING means housing that costs less than 30% of a household's pre-tax income.
AGRICULTURAL RELATED BUSINESS means a development used for the retail sale, repair and maintenance of new
or used agricultural equipment or other agricultural supply businesses.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 8
ALTER OR ALTERATION means any structural change to a building that results in an increase or decrease in the area
or the volume of the building; any change in the area frontage, depth, or width of a lot that affects the required yard,
landscaped open space, or parking requirements of this Bylaw; structural change to a sign; and to discontinue or
change the principal use of the site or building with a use defined as being distinct from the discontinued use.
ALTERNATIVE/RENEWABLE ENERGY, COMMERICAL/INDUSTRIAL means a use that produces energy (and in some
cases other marketable by-products depending on the process utilized) fueled in ways that do not use up natural
resources or harm the environment. Energy may be derived from natural and/or non-traditional sources (e.g.
geothermal, solar, water, wind, waste, etc.) and once produced is sold and distributed off-site (commercially) to the
marketplace. See Schedule 11: Commercial / Industrial Alternative Renewable Energy Developments.
AMENITY SPACE, PRIVATE OUTDOOR means required open space provided and designed for the active or passive
recreation and enjoyment of the residents of a particular dwelling and which is immediately adjacent to and directly
accessible from the dwelling it is to serve.
AMUSEMENT FACILITY means development for amusement pastimes, and may incorporate eating and drinking
facilities as an accessory use. This use includes amusement arcades, billiard parlours, bingo halls, bowling alleys and
dance, or martial arts facilities and any such use as the Development Authority considers similar to any of these uses.
ANHYDROUS AMMONIA STORAGE means a facility used for the purpose of storing anhydrous ammonia.
APARTMENT - see DWELLING, APARTMENT
APPEAL means to challenge the decision, or the condition(s) of a decision made by a governing authority regarding
development and subdivisions applications.
APPLICANT means the registered owner of the land or his or her representative or agent certified or authorized as
such to act on their behalf.
AREA STRUCTURE PLAN means a statutory plan in accordance with the Municipal Government Act and the Municipal
Development Plan for the purpose of providing a framework for subsequent subdivision and development of an area
of land in the municipality.
ASSISTED LIVING FACILITY means the use of building for living arrangements that may contain individual rooms
having a washroom, bedroom, and sitting area that accommodates residents; where there is one or more communal
kitchens and dining rooms, where meals may be cooked in a communal kitchen and delivered to resident for
consumption, where there may be limited on-site health care facilities for the exclusive use of the residents, where
residents may receive limited human health services from on-site health care providers, where communal social and
recreation activities are provided within the building or outside and may include a manager's suite and
administration office. This does not include HOTEL, MOTEL, SPECIAL CARE FACILITY, or SENIOR CITIZEN HOUSING.
ATTACHED GARAGE means a building or portion of a building that is used for the storage of motor vehicles, which is
attached to the principal building by sharing a common wall with the dwelling, and usually contains an access
doorway into the principal building. For the purpose of calculating yard setbacks and site coverage requirements,
an attached garage is deemed to be part of the principal building.
AUTO BODY REPAIR AND PAINT SHOP means a premise where the bodies, but not other parts of motor vehicles, are
repaired, and where motor vehicle bodies and other metal machines, components or articles may be painted. Auto
detailing may be included as this use.
AUTOMOTIVE REPAIR AND SERVICE SHOP means a development used for the servicing and mechanical repair of
automobiles, motorcycles, snowmobiles and similar vehicles or the sale, installation or servicing of related
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 9
accessories and parts. This land use class includes, among other uses, transmission shops, muffler shops, tire shops,
automotive glass shops, and upholstery shops. This use class does not include auto body and paint shops.
AUTOMOTIVE SALES AND SERVICE means a development used for the retail sale, lease, and rental of new or used
automobiles and/or recreation vehicles together with incidental repair and maintenance services and sales of parts.
AWNING a light-weight metal or cloth shelter projecting from and supported entirely by the exterior wall of a
building.
B
BALCONY means a platform, attached to and projecting from the face of a
principal building with or without a supporting structure above the first storey,
normally surrounded by a baluster railing and used as an outdoor porch or
sundeck with access only from within the building.
BAY means a self-contained unit or part of a building which can be sold or
leased for individual occupancy.
BAY WINDOW means a window or series of windows projecting from the outer wall of a building and forming a
recess within.
BASEMENT means the portion of a building or structure, which is partially or wholly below grade and having its floor
below grade by a distance greater than one-half the distance from floor to ceiling.
BED AND BREAKFAST means an accessory use carried on within an owner-occupied dwelling unit where temporary
accommodation is provided for remuneration, and where meals for guests shall be prepared in the common kitchen
of the principal residence. SEE SHORT-TERM RENTAL 1.
BELT COURSE means a continuous row or layer of stones, tile, brick, shingles, etc. in a wall.
BERM means a dike-like form used to separate areas or functions or constructed to protect a site or district from
traffic or other noise.
BUILDING means a structure that is, in most cases, permanent in nature, usually consisting of a roof and walls, for
the occupancy of people, animals, or things, includes, but is not limited to, any structure used or intended for
supporting or sheltering any use or occupancy.
BUILDING FORM means the shape and axis of a building.
BUILDING HEIGHT means the vertical distance between average 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 but structurally essential to the building. See GRADE,
BUILDING.
BUILDING INSPECTOR means the person or persons appointed by the municipality to be the chief building inspector
or building inspectors in and for the Town.
BUILDING MASSING means the volume, height, location and orientation of a building.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 10
BUILDING PERMIT means a certificate or document issued by the Safety Codes Officer pursuant to provincial
legislation authorizing commencement of construction.
BUILDING SCALE refers to building elements and details as they proportionally relate to each other and to humans.
BUILDING SUPPLIES STORE means a commercial retail store where lumber, building materials, hardware, household
accessories and other related goods are stored and/or offered for sale and may include outside storage.
BUILDING AND TRADE CONTRACTOR - see CONTRACTOR, BUILDING AND TRADE CONTRACTOR
BUFFER means a row of trees, hedges, shrubs or berm planted or constructed to provide visual screening and
separation between uses, buildings, sites or districts.
BULK FUEL STORAGE AND SALES means a development for the purpose of storing natural gas and petroleum
products for distribution to customers.
BULK OIL DEPOT means a facility used for the purpose of storing oil in large quantities, typically for sale or
commercial use.
BUSINESS means a commercial, merchandising, or industrial activity or undertaking, a profession, trade, occupation,
calling or employment or an activity providing goods or services, whether or not for profit and however organized
or formed, including a cooperative or association of persons.
BUSINESS SUPPORT SERVICE means an establishment primarily engaged in providing services for other business
establishments such as advertising, copying, equipment, financial services, employment services, and other similar
services.
C
CAMPGROUND, INSTITUTIONAL means a group camp having joint use facilities such as dormitories and kitchens and
operated by not-for-profit organizations.
CAMPGROUND, TOURIST means development of land for the use of holiday trailers, motor homes, tents, campers,
and similar vehicles, recreation, and is not normally used as year-round storage, or accommodation for residential
uses.
CANNABIS means a Cannabis plant, as defined in the Cannabis Act (Canada) and its regulations, as amended from
time to time.
CANNABIS ACCESSORY means cannabis accessory items as defined in the Cannabis Act (Canada) and its regulations,
as amended from time to time.
CANNABIS PRODUCTION FACILITY means a building where federally approved cannabis plants, for either medical or
recreational use, are grown, processed, packaged, tested, destroyed, stored or loaded for shipping, and that meets
all applicable federal and provincial requirements.
CANNABIS RETAIL SALES means a retail store licensed by the Province of Alberta where Cannabis and Cannabis
Accessories are sold to individuals who attend at the premises and for which any product sales are expressly
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 11
authorized by the Alberta Gaming and Liquor Commission (ALGC). This use shall be a standalone use and not in
conjunction with any other use.
CANOPY means a non-retractable solid projection extending from the wall of a building, or freestanding, which is
intended to be used as protection against weather, other than normal architectural features such as lintels, sills,
mouldings, architraves and pediments and includes the structure known as a theatre marquee.
CANTILEVER means a structural portion of a building floor, excluding eaves and roof projections, bay windows and
fireplace chases, which extends beyond the foundation wall and is not structurally supported from below.
CAR WASH means the use of a structure or area providing for the cleaning of motor vehicles but does not include
TRUCK WASHES or SERVICE STATIONS/GAS BARS.
C-CONTAINER - see SHIPPING CONTAINER
CEMETERY means land used or dedicated to the burial of the dead, and may include crematoriums, mausoleums,
cineraria and columbaria, memorial gardens, and related security and maintenance facilities.
CERTIFICATE OF COMPLIANCE means a document signed by the Development Authority, certifying that a
development complies with this Bylaw with respect to yard requirements and insofar as represented on an Alberta
Land Surveyors' Real Property Report.
CHANGE OF USE means the conversion of land or building, or portion thereof from one land use activity to another
in accordance with the Permitted or Discretionary Uses as listed in each land use district.
CHILD CARE FACILITY means the use of a building, or portion of a building, for the provision of care, instruction,
maintenance, or supervision of 7 or more children under the age of 13 years, not including children under the age
of 13 years who permanently reside in the home, for periods not exceeding 24 consecutive hours. This definition
does not include the use as a DAY HOME.
CLEAR VISION TRIANGLE means a triangular area formed on the corner site by the two (2) street property lines and
a straight line, which intersects them 7.62 m (25 ft.) from the corner where the property lines meet.
CLUB/FRATERNAL ORGANIZATION means a development for the assembly or members of non-profit clubs or
organizations, including charitable, social service, ethnic, athletic, business, religious or fraternal organizations. This
use may include eating, entertainment, sports, recreation and amusement facilities as part of the use.
COMMON WALL means a vertical separation completely dividing a portion of a building from the remainder of the
building and creating in effect a building which, from its roof to its lowest level, is separate and complete unto itself
for its intended purpose, such wall being owned by one party but jointly used by two (2) parties, one or both of
whom is entitled to such use by prior arrangement.
COMPREHENSIVE DEVELOPMENT means planned residential development having a high standard of design, a variety
of accommodation, and adequate amenity provision.
COMPREHENSIVE PLAN means a detailed site plan for a single lot or two or more adjacent lots which:
(a)
shows the location of any existing or proposed buildings; and
(b) describes the potential effect and/or relationship of the proposed development on the surrounding area and
the municipality as a whole; and
(c) provides for access roads, water, sewer, power and other services to the satisfaction of the Development
Authority.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 12
COMMUNITY GARDEN means a private or public facility for the cultivation of fruits, flowers, vegetables or
ornamental plants by more than one person or family.
CONCRETE BATCH PLANT means a manufacturing plant where concrete is mixed before being transported to a
construction site ready to be poured.
CONDOMINIUM means:
(a) in the case of a building, a space that is situated within a building and described as a unit in a condominium plan
by reference to floors, walls and ceiling within the building; and
(b) in the case other than that of a building, land that is situated within a lot and described as a unit in a
condominium plan by reference to boundaries governed by monuments placed pursuant to the provisions of
the Surveys Act respecting subdivision surveys.
CONTRACTOR, BUILDING AND TRADE means a facility for the provision of electrical, plumbing, heating, painting and
similar contractor services primarily to individual households and the accessory sale of goods normally associated
with such contractor services where all materials are kept within an enclosed building, and where there are no
associated manufacturing activities.
CONTRACTOR, HEAVY DUTY EQUIPMENT means a contractor or builder engaged in heavy-duty construction
activities such as paving, highway construction, and utility construction.
CONVENIENCE STORE means a retail outlet selling goods and foodstuffs to area residents on a day-to-day basis from
business premises, which do not exceed 200 m2 (2,153 ft2) in gross floor area.
CORNER LOT - see LOT, CORNER
CORNICE means any horizontal member, structural or nonstructural, of any building, projecting outward from the
exterior walls at the roof line, including eaves and other roof overhang.
COUNCIL means the Council of the Town of Cardston of the Province of Alberta.
COVERAGE - see LOT, COVERAGE
CULTIVATION OF LAND means the preparation and working of the land required to grow crops for agricultural
production.
D
DAY CARE SERVICES - see CHILD CARE FACILITY
DAY HOME means a private dwelling unit where temporary care, development and supervision for periods not
exceeding 24 consecutive hours is provided to a maximum of six (6) children under the age of 13 years, not including
children under the age of 13 years who permanently reside in the home.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 13
DECK means an uncovered horizontal structure with a surface height
greater than 0.61 m (2 ft.) above grade at any point, but generally no
higher than the first storey floor level, and intended for use as a private
outdoor amenity space.
DECK, UNCOVERED means any DECK, as defined in this Bylaw, which
has no structural shelter, including supportive walls or roofing of any
material or design. Deck railings that are required to meet safety codes
are not considered to be supportive walls unless they are over 0.91 m
(3 ft.) in height.
DEMOLITION means the pulling down, tearing down or razing of a building or structure.
DETACHED GARAGE means an accessory building designed and use primarily for the storage of motor vehicles that
is not attached or is separate from the principal building.
DEVELOPABLE AREA means the portion of a lot that is suitable for the development of buildings or for use as
enjoyable open space and does not include those areas that contain steep slopes, contamination, hazards, drainage
courses, protected historical or environmental areas or any other encumbrance that the Development Authority
finds reasonable and including any necessary buffers.
DEVELOPMENT OFFICER means a person authorized by Council to act as a Development Authority pursuant to
section 624(2)(a) of the Municipal Government Act and in accordance with the municipality's Development Authority
Bylaw.
DEVELOPER means a person or an owner of land in accordance with the Statutes of the Province of Alberta who
wishes to alter the title to the property and change the use of the property from its existing use.
DEVELOPMENT has the same meaning as it has in the Municipal Government Act.
DEVELOPMENT AGREEMENT means a contractual agreement completed between the municipality and an applicant
for a Development Permit which specifies the public roadways, utilities and other services to be provided by the
Permit holder as a condition of Development approval or subdivision approval, provided the agreement is in
accordance with sections 648, 650, 654 and 655 of the Municipal Government Act, as amended.
DEVELOPMENT AREA means the area to be occupied by a building plus the reasonable area required for excavation
and construction.
DEVELOPMENT AUTHORITY means the body established by bylaw to act as the Development Authority in accordance
with sections 623(b) or (c) and 624 of the Municipal Government Act. (NOTE: This term is defined in the Town of
Cardston Municipal Development Authority Bylaw.)
DEVELOPMENT PERMIT means a document issued pursuant to this Bylaw by the Town of Cardston authorizing a
Development that has been approved by the Development Officer, Development Authority, or Subdivision and
Development Appeal Board.
DISCONTINUED USE means a use of land of buildings that has been, for all material purposes and efforts, entirely
abandoned or indefinitely interrupted.
DISCRETIONARY USE means the one or more uses of land or buildings provided for in this Bylaw for which a
Development Permit may be issued upon a Development Permit Application having been made and subject to the
enabling conditions for each Discretionary Use being satisfied.
Figure 1: Deck example.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 14
DISTRICT - see LAND USE DISTRICT
DRIVE-IN/DRIVE-THROUGH RESTAURANT means an establishment where food is prepared and served on the
premise for sale to the public and includes car attendant and/or drive-through, pick-up service.
DRIVE-THROUGH means a use where services are provided to patrons who are in a motor vehicle and may have
outdoor speakers provided. This use will be an accessory use to a principal use.
DWELLING means any building or portion thereof designed for human habitation and which is intended to be used
as a residence for one or more individuals but does not include travel trailers, motor homes, recreational vehicles,
or other mobile living units, hotel, motel, dormitory, or similar accommodation. Dwelling includes the following:
- APARTMENT means a building containing three or more dwelling units with shared services, facilities and
outside entrances.
- DUPLEX means a building containing two dwelling units connected by a common floor/wall or ceiling, but not
legally subdivided by a property line.
- GARAGE SUITE means an accessory housing form containing cooking facilities, food preparation area, sleeping
and sanitary facilities where a dwelling unit is located directly above or beside a garage, and the dwelling unit
is physically separated from the garage with a separate entrance from the vehicle entrance. A garage suite is
to be of a size, location, orientation and style that is compatible with the principal dwelling and indicative of its
subordinance to the principal dwelling, and is allowable in the form of a site-built dwelling or new pre-
fabricated dwelling, but not as a previously occupied moved-in building.
- GARDEN SUITE means an accessory housing form containing cooking facilities, food preparation area, sleeping
and sanitary facilities. A garden suite is to be of a size, location, orientation and style that is compatible with
the principal dwelling and indicative of its subordinance to the principal dwelling, and is allowable in the form
of a site-built dwelling or new pre-fabricated dwelling, but not as a previously occupied moved-in building.
- MOVED-IN means a conventional, previously occupied building which is physically removed from one site,
transported and re-established on another site with a different legal description for use as a residence.
Modular dwelling, prefabricated dwelling and manufactured dwelling are separate uses and defined as single-
detached prefabricated and single-detached manufactured.
- MULTI-UNIT means a building other than an apartment
that contains two or more dwelling units.
- ROW means development consisting of a building
containing a row of three or more dwelling units each
sharing a common wall extending from the first floor to
the roof, at the side only with no dwelling being place
over another in whole or in part. Each dwelling unit
shall have separate, individual, and direct access to the building at grade.
- SECONDARY SUITE means a facility containing cooking facilities, food preparation area, sleeping and sanitary
facilities, which is physically separate from those of the principal dwelling within the structure. A secondary
suite shall also have an entrance separate from the entrance to the principal dwelling, either from a common
indoor landing or directly from the side or rear of the structure. This use does not include DUPLEX DWELLING,
SEMI-DETACHED DWELLING, MULTI-UNIT DWELLING, ROW DWELLING or APARTMENT.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 15
- SEMI-DETACHED means a residential building
containing only two dwelling units located side by
side with separate access to each dwelling unit.
Each dwelling unit is joined to the other unit by at
least one common wall which extends from the
foundation to at least the top of the first storey of
both dwellings units.
o ISOLATED means a semi-detached dwelling
or proposed semi-detached dwelling that
would be located on a site not designated for that purpose in an adopted Statutory Plan.
o PRE-PLANNED means a semi-detached dwelling or a proposed semi-detached dwelling that would be
located on a site designated for that purpose in an adopted Statutory Plan, such as a Land Use Bylaw or
an Area Structure Plan.
- SINGLE-DETACHED, SITE BUILT means a building constructed on the lot intended for occupancy containing a
single dwelling unit which is not attached to any other dwelling by any means.
- SINGLE-DETACHED, SITE BUILT (EXISTING) means a single-detached site-built dwelling constructed and
completed prior to the adoption of this Bylaw or any amendments to the Bylaw and is currently being used
(legally) for residential occupancy. Note: This definition is not meant to be used to permit a change in use or
occupancy to a "single-detached dwelling, site-built (existing)" from any other use in the land use bylaw. The
intent of this use is to allow the Development Authority to use their discretion in evaluating development
permit applications for minor additions and/or structural renovations for maintenance purposes to a "single-
detached dwelling, site-built (existing)" in the applicable land use district.
- SINGLE-DETACHED MANUFACTURED means a residential building containing one dwelling unit built in a factory
and designed to be transported in one or more sections to a suitable site. The homes are typically built with
an integrated frame that allows them to be placed on a surface-mount foundation (i.e. a home built to the CSA-
Z240 standard). The home shall meet the requirements of a single-detached dwelling as defined in the Land
Use Bylaw, but does not include a MODULAR, READY-TO-MOVE-IN, MOVED-IN, or SINGLE-DETACHED
DWELLING.
o DOUBLE-WIDE MANUFACTURED means a single-detached manufactured dwelling unit consisting of two
sections, moved separately, that are joined together into one integrated dwelling unit on site.
o SINGLE-WIDE MANUFACTURED means a single-detached manufactured dwelling unit designed to stand
alone as a single dwelling unit.
- SINGLE-DETACHED PREFABRICATED means a previously unoccupied dwelling unit (new) or portions of a
dwelling unit that are built at an off-site manufacturing facility or location other than the lot intended for
occupancy. The units are built in conformance with CSA standards and/or Alberta Safety Codes and do not
have an integrated frame, hitch, wheels, or chassis or other device allowing for transport of the unit. Single-
detached prefabricated dwelling includes the following:
o MODULAR or modular construction means a dwelling unit built at an off-site manufacturing facility in
conformance with CSA standards designed in two or more modules or sections. The dwelling is
transported by transport trailer in sections and delivered to the site where it is assembled over a
conventional, permanent concrete foundation (a basement foundation, slab-on-grad or crawl space) or
other approved foundation, but does not include a MANUFACTURED, READY-TO-MOVE, MOVED-IN, or
SINGLE-DETACHED DWELLING.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 16
o READY-TO-MOVE (RTM) means a dwelling unit built to the current Alberta Building Code that would
normally be constructed on the site intended for occupancy, but for various reasons, is constructed at
an off-site manufacturing facility, construction site, plant site or building yard. It is then loaded and
transported as one unit onto the proper moving equipment and delivered to the site intended for
occupancy and placed on a concrete slab or basement or other approved foundation, but does not
include a MODULAR, MANUFACTURED, MOVED-IN, or SINGLE-DETACHED DWELLING.
o PANELLIZED means a dwelling unit constructed at the site intended for occupancy using pre-built
exterior/interior wall panels and building components that are delivered to the site as a package ready
for assembly over a conventional, permanent concrete foundation (basement foundation, slab-on-
grade, or crawl space) or other approved foundation, but does not include a MODULAR, READY-TO-
MOVE, MANUFACTURED, MOVED-IN, or SINGLE-DETACHED DWELLING.
DWELLING, PRE-PLANNED means a dwelling that has been allocated for or designated in an approved area structure
plan or area redevelopment plan. A DWELLING, PRE-PLANNED is subject to the requirements of the application
statutory plan including any setbacks from future lot lines in order to provide for the subdivision design established
in the statutory plan.
DWELLING UNIT means a use that contains one or more self-contained rooms designed to be used as a dwelling and
that includes sleeping, cooking, living, and sanitary facilities and having an independent entrance either directly from
the outside of the building or through a common area within the building.
E
EASEMENT is the right to use the real property owned by another for a specific purpose.
EAVE LINE means the horizontal line on a building that marks the extreme edge of the overhang of a roof and where
there is no overhang, the eave line shall be the horizontal line at the intersection of the wall and roof.
EAVES means the extension or overhang of a roof line beyond the vertical wall of a building.
EDUCATIONAL INSTITUTION means a place of instruction offering continuing education or specialized courses of
study. Included in the category may be public, private, and commercial institutions.
ENCLOSED means a space or structure surrounded by two or more walls, plus a roof or beam structure or other
enclosing device above 1.2 m ( 3.9 ft.) in height as measured from the floor.
ENCROACHMENT means to advance or extend beyond one's property line.
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, small construction, farming, gardening and automotive equipment,
small machinery parts and office machinery and equipment.
EXISTING means in place as of the date of adoption of this Bylaw or any amendments to the Bylaw.
EXTENSIVE AGRICULTURE means the production of crops or livestock or both by expansive cultivation or open
grazing only. Barns, quonsets and other similar buildings associated with extensive agriculture are classified as
accessory structures. This use does not include agricultural-related industry buildings or uses such as packaging
plants, processing plants, agricultural support services or any other similar uses or structures.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 17
F
FARM BUILDING AND STRUCTURE means building(s) or development commonly or normally contained in a
farmstead that is 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."
FARMER'S MARKET means a use of land or buildings primarily for the sale of fresh or processed farm or garden
produce. This use may also include entertainment, crafts sales and sales of other similar products.
FARM/INDUSTRIAL MACHINERY SALES, RENTAL AND SERVICE means the use of land or buildings for the sale, service
and/or rental of agricultural implements, vehicles over 5,900 kg (13,000 lbs.) tare weight 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.
FEED MILL/GRAIN ELEVATOR means building(s) in which animal feeds and grain are stored during shipment to or
from farms and in which animal feeds may be prepared.
FENCE means a vertical physical barrier constructed to prevent visual intrusions, unauthorized access, or provide
sound abatement and may include confinement of livestock, protection of livestock from wind.
FERTILIZER STORAGE AND SALES means a development used to store bulk fertilizer for distribution. This use class
does not include the sales of bagged fertilizer in a retail shop.
FILLING 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, but does not include the import and placement of dry-waste or land fill waste materials.
FINANCIAL INSTITUTION means a development or use primarily for providing the service of banking or lending
money, such as a bank, savings and loan institution, or credit union.
FIREPLACE CHASE means a vertical flue that provides a path through which smoke from a fire is carried from the
interior to the exterior of a building.
FITNESS CENTRE means the use of premises for the development of physical health or fitness, including, but not
limited to, health centres, gymnasiums, racquet and ball courts, spas and reducing salons.
FLOOD FRINGE means the area outside the floodway that is flooded or could be flooded during the 1:100 design
flood. The flood fringe typically represents areas with shallower, slower, and less destructive flooding.
FLOOD FRINGE, HIGH HAZARD means the area within the flood fringe with deeper or faster moving water than the
rest of the flood fringe. High Hazard flood fringe areas are likely to be most significant for flood maps that are being
updated, but they may also be included in new flood maps.
FLOOD PROOFING means any combination of structural or non-structural additions or modifications to structures or
pre-development design (including the establishment of minimum elevations for building openings) and
construction measures that prevents or attempts to prevent flood damage to the building or its contents.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 18
FLOOD RISK AREA means the area of land bordering a water course or water body that would be inundated by 1:100
year flood (i.e. a flood that has a 1 percent chance of occurring every year).
FLOOD WAY means the area of highest flood hazard where flows are deepest, fastest, and most destructive during
the 1:100 design flood.
FLOOR AREA means the sum of the gross horizontal area of the several floors and passageways of a building, but not
including basements, attached garages, and open porches. All dimensions shall be external dimensions.
FLOOR AREA, GROSS means the total floor area of each floor of a building measured from the outside surface of the
exterior walls, and includes all floors totally or partially above grade level except parking levels.
FLOOR AREA, NET means the gross floor area define by the inside dimensions for each floor minus the horizontal
floor are on each floor used for corridors, elevators, stairways, mechanical rooms, workrooms, washrooms, lobbies,
and other non-rentable areas.
FLOOR AREA RATIO means the net floor area divided by the gross lot area.
FOOD PROCESSING FACILITY means a development that consists of the processing of raw materials into a semi-
finished or finished food and/or beverage product that may be stored on site prior to the distribution of the product.
Any indoor display, office or administrative support area shall be deemed an accessory use.
FORM, BUILDING - see BUILDING FORM
FOUNDATION means the supporting base structure of a building.
FRONT YARD - see YARD, FRONT
FRONT YARD, SECONDARY - see YARD, FRONT SECONDARY
FRONTAGE means the linear distance measure along the front property line parallel to and along a street, but does
not include a lane.
FRONTAGE, BUSINESS means the length of the property line of any one business use, parallel to and along each
legally accessible public street, excluding a lame that it borders.
FUNERAL HOME means a development used for the arrangement of funerals, the preparation of the deceased for
burial or cremation, the holding of funeral services and the carrying out of cremations, where not more than one
cremation chamber is provided.
G
GARAGE means an accessory private building or part of the principal building, designed and used primarily for the
storage of motor vehicles. See also ATTACHED GARAGE and DETACHED GARAGE.
GARDEN CENTRE/GREENHOUSE, COMMERCIAL means a building specially designed and used for the commercial
growing of vegetables, flowers or other plants for transplanting or sale. The use may include accessory retail uses
on the premises.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 19
GARDEN SHED means an accessory structure to store household and/or garden equipment and supplies and is
typically less than 9.29 m2 (100 ft2) in area.
GAS BAR means a development used for the sale of gasoline, liquefied petroleum gas, lubrication oils and associated
automotive fluids or limited retail goods only.
GOLF COURSE means an outdoor use/establishment of varying size where the land is developed primarily to
accommodate the game of golf. Accessory uses include a pro shop, driving range and/or proactive facility, food
service, and other commercial uses typically associated with a golf course clubhouse facility.
GOVERNMENT SERVICES means development providing municipal, provincial, or federal government services
directly to the public or the community at large, and includes development required for the public protection of
persons or property.
GRADE, BUILDING (as applied to the determination of building height) means the
average ground elevation as measured by averaging a minimum of four (4) corner
points and two (2) mid-points of a lot.
GRADE, LANDSCAPED (as applied to the determination of height of balconies, decks
and architectural features and landscape structures) means the average level of
finished landscaped ground under the four principal corners of the balcony, deck,
architectural feature or landscape structure.
GRAIN ELEVATOR means a facility for the collection, grading, sorting, storage, and transhipment of grains. This
definition also includes 'inland grain terminals'.
GREENHOUSE, COMMERCIAL - see GARDEN CENTRE / GREENHOUSE, COMMERCIAL
GREENHOUSE, RESIDENTIAL means an accessory building to a residential dwelling specially designed and used for
the growing of vegetables, flowers, or other plants for personal use and not for sale to the public.
H
HEALTH CARE SERVICES - see MEDICAL/HEALTH FACILITY
HEAVY DUTY EQUIPMENT CONTRACTOR - see CONTRACTOR, HEAVY DUTY EQUIPMENT
HEAVY MACHINERY EXCAVATION means the process of altering the natural elevation of the ground by grading,
cutting, stripping, filling, breaking of ground, and/or stockpiling of topsoil but does not include common household
gardening and ground care, excavation made for the building of basements, structures, landscaping, or parking for
which a development permit has been issued, or extensive agriculture. Gravel pit, mineral extraction and any other
similar extractive use are not classified as excavation and are a separate use.
HIGHWAY COMMERCIAL BUILDING means a commercial building intended primarily for the use of the travelling
public and which is located on a site adjacent to a major traffic route designated as a public highway.
HOME OCCUPATION means the ancillary use of a dwelling unit (and/or its accessory buildings or lands) by any trade,
profession or craft for, or in the pursuit of, gainful employment involving the manufacture, processing, provision or
sale of goods and/or services. (Refer to Schedule 8: Home Occupations)
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 20
HORTICULTURE OPERATIONS OR FACILITIES means the commercial production and sales, on or off site, of specialty
crops grown by high-yield and high-density techniques. Examples include nurseries, hydroponic operations, market
gardens and tree farms but exclude mushroom growing.
HOSPITAL means a facility providing room, board, and surgical or other medical treatment for the sick, injured or
infirm including outpatient services and accessory staff residences. Typical uses include hospitals, sanatoria, nursing
homes, convalescent homes, isolation facilities, psychiatric hospitals, auxiliary hospitals, and detoxification centres.
HOTEL means a building used primarily for sleeping accommodation and ancillary services provided in rooms or
suites of rooms, which may contain bar/kitchen facilities. The building may also contain accessory uses such as, but
not limited to parking facilities, licensed premises or dining room, room service or public convention facilities.
I
INDOOR RECREATION, PRIVATE means sports or recreational or retreat activities, use, facilities including associated
eating and retail areas, provided by commercial for-profit and non-profit businesses where the public is admitted
for a fee or where admission is limited to members of an organization or limited group. Such uses include, but are
not limited to, gymnasiums, athletic/sport fields, paint-ball, go-cart tracks, golf courses and ranges, outdoor mini-
golf, recreation centres, indoor/outdoor ice rinks, campgrounds, retreats and country clubs.
INDOOR RECREATION, PUBLIC means sports or recreational or retreat activities, uses or facilities, including
associated eating and retail areas, for public use which are public-owned or operated (i.e. municipal, provincial, or
federal including local boards, agencies or commissions of the Town). Such uses include, but are not limited to,
gymnasiums, athletic/sports fields, golf courses and ranges, outdoor mini-golf, recreation centres indoor/outdoor
ice rinks, campground, retreats, and country clubs.
INDUSTRY WITH A HEAVY UTILITY DEMAND means development used principally for one or more of the following:
(a) processing of raw materials;
(b) the manufacturing or assembling of semi-finished or finished goods, products or equipment, but not food
products;
(c) the storage, cleaning, servicing, repairing or testing of materials, goods and equipment normally associated with
industrial, business or household use;
(d) terminals for the storage or transhipping of materials, goods and equipment;
(e) the distribution and sale of materials, bulk goods and equipment to institutions or commercial businesses for
their direct use or to general retail stores or other use classes for resale to individual customers; or
(f) the training of personnel in general industrial operations.
Any indoor display, office, technical, administrative support, or retail sale operations shall be accessory to the
general industrial uses listed above. The floor area developed for such accessory activities shall not exceed 25
percent of the gross floor area of the building(s) devoted to the heavy industrial use. This use includes only those
developments which are utility intense and may have a significant detrimental effect on the safety, use, amenity,
enjoyment of adjacent or nearby sites due to appearance, noise, odour, emission of contaminants, fire or explosive
hazards, or dangerous goods.
INFILL DEVELOPMENT means the development or redevelopment of a vacant or partially developed parcel within an
existing developed neighbourhood or in close proximity to areas that have been fully or substantially developed for
a significant period of time.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 21
ISSUANCE means the date a development permit or order is issued by the Development Officer or Development
Authority.
K
KENNEL means the use of a building or portion of a building, the primary purpose of which is the boarding of small
animals for periods greater than 24 hours for a fee and does not include VETERINARY CLINIC, VETERINARY CLINIC -
SMALL ANIMAL, OR PET CARE SERVICE, and that may provide for the incidental sale of products relating to the
services provided by the use and may include outside enclosures, pens, runs, or exercise areas. All animal facilities
are subject to the Town Domestic Animal and Dog Regulation and Control Bylaws.
L
LANDING means an uncovered platform extending horizontal from a building adjacent to an entry door and providing
direct access to grade or stairs.
LANDOWNER - see REGISTERED OWNER
LANDSCAPED AREA means that portion of a site which is required to be landscaped and may not be used for parking,
storage, or display od items for sale.
LANDSCAPING means the modification, beautification and enhancement of a site or development through the use
of the following elements:
(a) natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass, flowers and other ground cover
or materials and this may include xeriscaping or xerigardening;
(b) hard landscaping consisting of non-vegetative materials such as brick, rock, stone, decorative concrete, tile and
wood, excluding monolithic concrete and asphalt; and
(c) excludes all areas utilized for driveways and parking.
LAND USE DISTRICT means a district as established under Schedule 2 of this Bylaw.
LANE means a public thoroughfare, which provides a secondary means of access to a lot or lots.
LAUNDROMAT means a facility for the cleaning of clothing or other fabric goods on a self-serve basis.
LIGHT FABRICATION SHOP means the assembly of metal parts, including blacksmith and welding shop, sheet metal
shop, machine shop, and boiler shop, that produce metal duct work, tanks, towers, cabinets and enclosures, metal
doors and gates, and similar products.
LIQUOR STORE means a retail establishment licensed under provincial authority for the sale of any or all of beer,
wine, or spirits for consumption off premises. Full walls must physically separate the premises from any other
business.
LIVESTOCK CONFINEMENT OPERATION OR FACILITY means any land enclosed by buildings, shelters, fences, corrals
or other structures which may, in the opinion of the Development Officer, be capable of confining, rearing, feeding,
dairying or auctioning livestock.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 22
LIVESTOCK SALES YARD means a commercial establishment wherein livestock is collected for sale or auctioning.
LOADING AREA means a space designated for parking a commercial vehicle while being loaded or unloaded.
LOT in accordance with the Municipal Government Act, means:
(a) a quarter section;
(b) a river lot shown on an official plan, as defined in the Surveys
Act, that is filed or lodged in a Land Titles Office;
(c) a settlement lot shown on an official plan as defined in the
Surveys Act, that is filed or lodged in a Land Titles Office;
(d) a part of a parcel where the boundaries of the parcel are
separately described in the certificate of title other than by
reference to a legal subdivision; or
(e) a part of a parcel of land described in a certificate of title if the
boundaries of the part are described in a certificate of title by
reference to a plan of subdivision.
(f) Where a certificate of title contains one or more lots
described in a plan of subdivision that was registered in a land
titles office before July 1, 1950, lot means parcel.
LOT AREA means the area contained within the boundaries of a lot
as shown on a plan of subdivision or described in a certificate of
title and is sometimes referred to GROSS LOT AREA.
LOT, CORNER means a lot located at the intersection of two or
more streets (See Figure 13.1).
LOT COVERAGE means the combined area of all buildings or
structures on a site including but not limited to the principal
structure, accessory structures, decks, verandas, porches, and
balconies but excluding eaves, cornices, and other similar
projections.
LOT, DOUBLE FRONTING means a lot which abuts two parallel or
approximately parallel streets (See Figure 13.1).
LOT FRONTAGE means the front lot line or that side of a lot
abutting a public roadway, but does not include any side abutting
a lane, unless said lane is the only means of physical access to a lot
(See Figure 13.2).
LOT, INTERIOR means a lot situated between two lots or another
lot and a lane and having access to not more than one street (See
Figure 13.1).
LOT LENGTH, also referred to as SITE DEPTH means the horizontal
distance between the front and the rear lot lines measured along
the median between the side lot lines (See Figure 13.2).
Figure 13.1:
Representation of defined lot
characteristics
Figure 13.2:
Lot Width and Lot Length
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 23
LOT LINE means a legally defined boundary of any lot. The term property line and boundary line have the
corresponding meaning (See Figure 13.2).
LOT, VACANT means a lot with no existing development.
LOT WIDTH means the horizontal distance between the side lot lines measured at the front setback line [e.g. 7.62 m
(25 ft.) from the front property line for residential lots] (See Figure 13.2).
LOUNGES/BEVERAGE ROOMS means an establishment licensed pursuant to provincial legislation where alcoholic
beverages are served for consumption on the premises.
M
MACHINERY AND EQUIPMENT RENTAL means the use of land or buildings for the rental of hand tools, small
construction, farming, gardening and automotive equipment, small machinery parts and office machinery and
equipment.
MAINTENANCE/UTILITY USES means the servicing, repairing or altering of any premises, appliance apparatus, or
equipment to perpetuate the use or purpose for which such premises, appliance, apparatus, or equipment was
originally intended.
MANUFACTURED DOUBLE-WIDE - see DWELLING, SINGLE-DETACHED MANUFACTURED
MANUFACTURED DWELLING - see DWELLING, SINGLE-DETACHED MANUFACTURED
MANUFACTURED HOME AREA means that part of a manufactured home park used primarily for installed individual
manufactured homes, including permissible additions, and which is not used for buffer area, roadways, park
operator's residential plot, the procuring and treatment of water, collective sewage treatment effluent disposal from
a collective sewage treatment plant, garbage disposal, or ancillary buildings.
MANUFACTURED HOME PARK means a single site or title of land maintained and operated for the long-term parking
and occupancy of manufactured dwellings, specifically double-wide and single-wide single-detached manufactured
dwellings on designated sites together with ancillary facilities including recreation areas.
MANUFACTURED SINGLE-WIDE - see DWELLING, SINGLE-DETACHED MANUFACTURED
MANUFACTURING, HEAVY means a development for the manufacturing, fabricating, processing, production,
assembly or packing of goods, products, materials or equipment, which may, in the opinion of the Development
Authority:
(a) result in a significant impact on adjacent land uses due to appearance, noise, odour, emission of wastes, other
nuisance or potential health or safety hazards; or
(b) require extensive space for storage.
MANUFACTURING, LIGHT means development used for manufacturing, fabricating, processing, assembly,
production or packaging of goods or products, as well as administrative offices and warehousing and wholesale
distribution uses which are accessory uses to the above, provided that the use does not generate any detrimental
impact, potential health or safety hazard or any nuisance beyond the boundaries of the developed portion of the
site or lot upon which it is situated.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 24
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.
MASSING - see BUILDING MASSING
MEASURABLE STANDARD means a minimum or maximum dimensional (typically numeric) standard stipulated in this
Bylaw.
MEDICAL/HEALTH FACILITY means a facility for the provision of human health services without overnight
accommodation for patients and may include associated office space. Typical uses include physiotherapy, registered
massage therapy, doctor, dentist, optometrist, and chiropractic offices.
MINIMUM YARD DIMENSION - see SETBACK
MOBILE HOME - see DWELLING, SINGLE-DETACHED MANUFACTURED
MOBILE HOME PARK - see MANUFACTURED HOME PARK
MODULAR DWELLING - see DWELLING, SINGLE-DETACHED PREFABRICATED (modular)
MOTEL means the use of a building or group of buildings on a site designed to provide separate sleeping units
provided for a fee on a daily basis, usually accessible other than through a central lobby, with on-site parking; the
building or group of buildings may also contain accessory uses such as, but not limited to parking facilities, licensed
premises or dining room, room service or public convention facilities.
MOTOR VEHICLE REPAIR SHOP means the use of premises for the repairing of motor vehicles or motor vehicle parts
including tires, or for the painting or repairing of motor vehicles bodies.
MOVED-IN BUILDING means a conventional, preconstructed, previously utilized, non-residential building which is
physically removed from one site, transported and re-established on another site and does not include single-
detached manufactured homes or other residential structures.
MOVED-IN DWELLING - see DWELLING, MOVED-IN
MULTI-UNIT DWELLING - see DWELLING, MULTI-UNIT
MUNICIPAL DEVELOPMENT PLAN means a Statutory Plan, formerly known as a General Municipal 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.
MUNICIPAL PLANNING COMMISSION (MPC) means a body/committee of Council where Council has delegated some
or all of their decision making authority, as established under the confines of the legislation found in sections 623
and 624 of the Municipal Government Act, to make subdivision and/or development decisions on behalf of the
municipality. The Town of Cardston MPC is further defined within the Town of Cardston Development and/or
Subdivision Authority Bylaw(s), as the case may be.
MUNICIPAL RESERVE means the land specified to be municipal reserve by a subdivision approving authority pursuant
to section 666 of the Municipal Government Act.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 25
MUNICIPAL/SCHOOL RESERVE means the land specified to be municipal and school reserve by a subdivision
approving authority pursuant to section 666 of the Municipal Government Act.
MUNICIPALITY means the geographic area of the Town of Cardston in the Province of Alberta.
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 means those uses of land or buildings which are governed by the location of
a natural resource and which involve the extraction or on-site processing and/or storage of a natural resource,
except those industries which are considered noxious or hazardous industries. Notwithstanding other uses not
listed, natural resource extraction uses include: sand, gravel and quarry operations; and logging and forestry
operations, including sawmills.
NET FLOOR AREA - see FLOOR AREA, NET
NIGHTCLUB means the use of a building where liquor is sold and consumed on the premises and a license for the
sale of liquor, that prohibits minors on the premises at any time, is issued by the Alberta Gaming and Liquor
Commission and where entertainment is provided to patrons, in the forms of a dance floor, live music stage, live
performances, or recorded music, in a public area greater than 10 m2 (108 ft2) and where food may be prepared and
sold for consumption on the premises.
NON-COMPLIANCE means a development constructed, or use undertaken after the adoption of the current Land
Use Bylaw and does not comply with the current Land Use Bylaw.
NON-CONFORMING BUILDING in accordance with the Municipal Government Act means a building:
(a) that is lawfully constructed or lawfully under construction at the date a Land Use Bylaw or amendment thereof
affecting the building or land on which the building is situated becomes effective; and
(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or when
constructed will not, comply with the Land Use Bylaw.
NON-CONFORMING USE means a lawful specific use:
(a) being made of land or a building, or intended to be made of a building lawfully under construction at the date a
Land Use Bylaw or any amendment thereof affecting the land or building becomes effective; and
(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or in the case of a
building under construction will not, comply with the Land Use Bylaw.
NOXIOUS AND HAZARDOUS USE 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 limited to: anhydrous
ammonia storage, abattoir, oil and gas plant, livestock sales yard, asphalt plant, concrete batch plant.
NUDITY means the complete or partial visibility of one or more parts of the human body that may be considered to
be sexually explicit due to a lack of any covering of those parts of the body or the presence of covering that is other
than opaque.
NURSING HOME (EXTENDED CARE FACILITY) - see ASSISTED LIVING FACILITY
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 26
O
OFFICE means development primarily for the provision of professional, management, administrative, consulting, or
financial services in an office setting. Typical uses include but are not limited to the offices of lawyers, accountants,
travel agents, real estate and insurance firms, planners, clerical and secretarial agencies. This excludes government
services, the servicing and repair of goods, the sale of goods to the customer on the site, and the manufacturing or
handling of a product.
OFF-SITE LEVY means the rate established by the municipal Council that will be imposed upon owners and/or
developers who are increasing the use of utility services, traffic services, and other services directly attributable to
the changes that are proposed to the personal property. The revenues from the off-site levies will be collected by
the municipality and used to offset the future capital costs for expanding utility services, transportation network,
and other services that have to be expanded in order to service the needs that are proposed for the change in use
of the property.
ORIENTATION means the arranging or facing of a building or other structure with respect to the points of the
compass.
OUTDOOR RECREATION FACILITY means improvements to support activities operated out of doors and includes but
is not limited to a ski resort, riding stable, water slide, ice skating, marina, or equestrian centre. This use is meant to
capture those facilities that consist of more substantial improvements, and/or facilities that are often designed more
for organized recreation (as opposed to more casual or passive recreation) than OUTDOOR RECREATION AND
SPORTS FIELDS.
OUTDOOR RECREATION AND SPORTS FIELDS means development providing amenities that are available to the public
at large for sports and active recreation conducted outdoors. Typical facilities would include driving ranges, sports
fields, tennis courts, unenclosed ice surfaces or rinks, athletic fields, Scouts/Guide camps, religious outdoor retreat
camps and parks, outdoor swimming pools, bowling greens, riding stables and fitness trails.
OUTSIDE DISPLAY means the open outdoor display of goods that shall be limited to examples of product,
merchandise, equipment, and/or items sold by the business or industry on the lot(s) or development site.
OUTSIDE STORAGE means the open storage of goods, merchandise or equipment outside a building.
OWNER OF LAND - see REGISTERED OWNER
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 or described in a certificate of title by reference to a plan filed or registered in a
Land Titles Office. Means the aggregate of one or more areas of land described in a certificate of title by reference
to a plan registered in a Land Titles Office.
PARK MAINTENANCE/STORAGE USES means a development or use related to the maintenance or operation of a
manufactured home park and may include utility structures and/or maintenance or storage buildings or compounds.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 27
PARK MODEL TRAILER means a recreational vehicle that is either:
(a) built on a single chassis mounted on wheels designed for infrequent towing by a heavy-duty tow vehicle but is
restricted in size and weight so that it does not require a special highway movement permit and conforms to
the CSA-Z-240 standard for recreational vehicles; or
(b) a recreational vehicle intended for temporary residence or seasonal use built on a single chassis mounted on
wheels, which may be removed and returned to the factory, requiring a special tow vehicle and highway permit
to move on the road and conforms to the CSA Z-241 standard for recreational vehicles.
PARKING FACILITY means development the principal use of which includes parking areas, parking spaces and/or
parking structures, which are defined as follows:
(a) PARKING AREA means a portion of land or of a building or a combination of both, set aside for and capable of
providing space for the parking of a number 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 or not above or below the ground.
PARKS AND PLAYGROUNDS means land developed for public recreational activities that do not require major
buildings or facilities, and includes picnic areas, playgrounds, pedestrian and bicycle paths, landscaped areas and
associated public washrooms. This may include public open space, which is not in private ownership and is open to
use by the public.
PATIO means an outdoor area of a lot developed and used for leisure and/or recreation purposes. Means an
uncovered horizontal structure with horizontal structure with a surface height no greater than 0.61 m (2 ft.) above
grade to any point and which is adjacent to a residential dwelling and intended for use as a private outdoor amenity
space.
PERMITTED USE means the one or more uses of land or buildings provided for in this Bylaw for which a Development
Permit shall be issued with or without conditions by the Development Authority upon application having been made
to the Development Authority.
PERSONAL SERVICES means uses that provide personal services to an individual that are related to the care and
appearance of the body or the cleaning and repair of personal effects. Typical uses include but are not limited to
barber shops, beauty salons, hairdressers, manicurists, aestheticians, fitness facility, tailors, dress makers, shoe
repair shops, dry cleaning establishments, and laundries but does not include health services.
PET CARE SERVICES means the use of a building or portion of a building to wash, groom, or board small animals
during the day and that may have the incidental sale of products relating to the services provided by the USE, must
not board animals overnight; does not include KENNEL, VETERINARY CLINIC - SMALL ANIMAL, or VETERINARY CLINIC.
All animal facilities are subject to the Town Domestic Animal and Dog Regulation and Control Bylaws.
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.
PLANNING ADVISOR means the person or organization retained by the Town of Cardston to provide planning-related
advice and services.
PORCH means a covered, open structure (unenclosed) that is attached to the exterior of a building, often forming a
covered entrance to a doorway. The structure does not have solid walls, but may be screened. Means an
unenclosed, or covered structure forming an entry to a building; a porch shall be include in site coverage calculations.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 28
PORTICO means a porch or entrance to a building consisting of a covered and often columned area.
PRE-PLANNED DEVELOPMENT - see COMPREHENSIVE DEVELOPMENT
PRINCIPAL BUILDING means a building which, in the opinion of the Development Officer:
(a) occupies the major or central portion of a site;
(b) is the chief or main building among one or more buildings for which the site is used;
(c) constitutes, by reason of its use, the primary purpose for which the site is used.
PRINCIPAL USE means the main purpose for which a lot, parcel, or building is used or intended to be used.
PRIMARY RESIDENCE means the residence where a person normally resides and has control and management of
the property and ownership.
PRIVACY WALL means a structure that:
(a) is accessory to an approved principal use;
(b) provides visual screening;
(c) is located on a balcony, deck or patio;
(d) is no greater than 2 m (6.5 ft.) above the grade of a balcony, deck or patio; and
(e) does not include a railing.
PRIVATE UTILITY - see UTILITY, PRIVATE
PROHIBITED USE means a development that is not listed as permitted or discretionary, or is not considered similar
within a land use district.
PUBLIC AREA means the floor area of a use that allows access to the public, but does not include washrooms,
hallways accessing washrooms or entrance vestibules.
PUBLIC ASSEMBLY means a use or development used for public meetings or social activities, and includes meeting
rooms and classrooms.
PUBLIC OPEN SPACE means land, which is not in private ownership and is open to use by the public.
PUBLIC PLACE - see PUBLIC OPEN SPACE
PUBLIC ROADWAY means a right-of-way maintained by the Town and is open to the public for the purpose of
vehicular traffic.
PUBLIC UTILITY - see UTILITY, PUBLIC
R
RAILWAY AND RAILWAY RELATED USES means a railway line and any use connected with the direct operation or
maintenance of a railway system and also includes any loading or unloading facilities, but excludes feed mills/grain
elevators or bulk oil depots which are separate uses.
READY-TO-MOVE DWELLING - see DWELLING, READY-TO-MOVE
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 29
REAL PROPERTY REPORT (RPR) means a legal document that illustrates in detail the location of all relevant, visible
public and private improvements relative to property boundaries.
REAR YARD - see YARD, REAR
RECREATION, PASSIVE means activities in the pursuit of recreation or leisure that are not normally formally organized
and don't require substantial facilities or equipment including but not limited to walking trails, hiking paths and
picnicking.
RECREATIONAL USE, LICENSED means any allowable use within the RO (Recreation & Open Space) land use district
which includes liquor service allowable under a liquor license issued by the AGLC not including liquor off-sales or
liquor delivery services.
RECREATIONAL VEHICLE means a vehicle primarily designed as temporary living quarters for recreational camping
or travelling, which either has its own motor power or is mounted onto or drawn by another vehicle. Means a
portable structure designed and built to provide temporary living accommodation and to be transported on its own
wheels or carried by another vehicle or a vehicle designed and intend to be used for recreational purpose; examples
include motor homes, campers, travel trailers, tent trailers, snowmobiles, jet skis, boats or similar types of vehicles
but do not include manufactured homes.
RECYCLING FACILITY means development used for the buying, collection, sorting, and temporary storage of bottles,
cans, newspapers, and similar household goods for reuse where all storage is contained within an enclosed building
with limited outdoor storage. This use includes recycled materials drop-off centres.
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:
(i)
the purchase of the fee simple estate in the land under an agreement for sale that is the subject of a
caveat registered against the certificate of title in the land, and any assignee of the purchaser's interest
that is the subject of a caveat registered against the certificate of title; or
(ii)
in the absence of a person described in paragraph (i), the person registered under the Land Titles Act as
the owner of the fee simple estate in the land.
RELIGIOUS ASSEMBLY means a use or development for religious meetings, worship and related religious activities
and includes accessory rectories, manses, meeting rooms and classrooms. Typical uses would include churches,
chapels, temples, mosques, synagogues, parish halls and convents.
RESIDENTIAL ACCOMMODATION IN CONJUNCTION WITH AN APPROVED COMMERCIAL USE means a residential unit
that is part of a commercial building so that the dwelling unit is a supplementary use to that principal use. Typical
uses include residential units on the second storey above a main floor commercial use.
RESIDENTIAL CARE FACILITY means the use of a building, or portion of a building, as a facility for which social, physical
or mental care is provided to five (5) or more persons who live full time in the facility and has at least one (1) staff
person at the facility at all times. The residential character of the development shall be primary with the occupants
living together as a single housekeeping group and using cooking facilities shared in common. This does not include
SPECIAL CARE FACILITY, SENIOR CITIZEN HOUSING, or ASSISTED LIVING FACILITY.
RESTAURANT means an establishment where food and/or beverages are prepared and served on the premises for
sale to the public, and may include entertainment which is ancillary to the preparation and service of food and/or
beverages but does not include liquor service, liquor off-sales, or liquor delivery services.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 30
RESTAURANT, LICENSED means an establishment where food is prepared and served on the premises for sale to the
public as the primary service of the establishment, and may include entertainment which is ancillary to the
preparation and service of food and includes liquor service allowable under a "Class A - Minors Allowed" liquor
license issued by the AGLC but not including liquor off-sales or liquor delivery services.
RETAIL means premises where goods, merchandise, substances, articles, and other materials, are offered for sale at
retail to the general public and includes limited on-site storage or limited seasonal outdoor sales to support that
store's operations. Typical uses include but are not limited to grocery, bakery, hardware, pharmaceutical, appliance,
clothing, and sporting goods stores. These uses exclude retail large-scale uses, warehouse retail and the sale of
gasoline, heavy agricultural and industrial equipment, alcoholic beverages, or retail stores requiring outdoor storage.
Minor government services, such as postal services, are permitted within retail stores.
RETAIL - LARGE-SCALE means stand alone retail stores that exceed 2,000 m² (21,529 ft2) in size and may include
retail outlets operated as part of a chain that locate on individual sites or that cluster on a large site, sometimes
adjacent to each other. This use may include grocery stores or supermarkets, department stores, and specialty
stores selling a single line of products such as: business and office supply stores, electronics, appliances, furniture,
fashion and clothing, craft and hobby stores, book stores, sporting goods, home improvement, hardware stores,
gardening materials or building supplies. This use does not include liquor stores, automotive related uses, farm or
industrial sales or service.
RIGHT-OF-WAY means an area of land not on a lot that is dedicated for public or private use to accommodate a
transportation system and necessary public utility infrastructure (including but not limited to water lines, sewer
lines, power lines, and gas lines). In no case shall a right-of-way be construed to mean an EASEMENT.
ROAD - see PUBLIC ROADWAY
S
SAFETY CODES means a code, regulations, standard, or body of rules regulating things such as building, electrical
systems, elevating devices, gas systems, plumbing or private sewage disposal systems, pressure equipment, fire
protection systems and equipment, barrier free design and access in accordance with the Safety Codes Act, RSA
2000, Chapter S-1, as amended.
SALES AND/OR RENTALS means the sale or rental of various goods including but not limited to vehicles, construction
equipment, farm equipment or machinery, or recreational vehicles.
SALVAGE YARD means land or buildings where motor vehicles and parts, used building products or other scrap
material are disassembled, repaired, stored or resold.
SAND BLASTING FACILITY means the use of land and/or a building(s) where the primary source of activity involves
the large scale sandblasting of agricultural, industrial or oilfield equipment. Sandblasting facilities may also include
welding and painting facilities on-site.
SATELLITE DISH means a structure designed specifically to receive television signals.
SCALE, BUILDING - see BUILDING SCALE
SCHOOL means a place of instruction offering courses of study. Included in the category are public, private, and
separate schools.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 31
SCHOOL (PRIVATE) means a facility where students are instructed in accordance with government curriculum, but
which may or may not be financially supported by the Province of Alberta. This use class does not include commercial
schools.
SCHOOL RESERVE - see MUNICIPAL/SCHOOL RESERVE
SCREENING means a fence, wall, berm or hedge used to visually separate areas or functions that detract from the
street or neighbouring land uses. Means the total or partial concealment of a building, structure or activity by a
fence, wall, berm, soft landscaping, or other screening device.
SEASONAL SALES means a use where goods are displayed and offered for sale in an open area or partially contained
within a building or temporary structure on a seasonal basis.
SECONDARY FRONT YARD - see YARD, SECONDARY FRONT
SECONDARY SUITE - see DWELLING, SECONDARY SUITE
SEED CLEANERS AND STORAGE means a building or facility used for the storage and preparation of seeds used in
agriculture.
SEMI-DETACHED DWELLING - see DWELLING, SEMI-DETACHED
SEMI-DETACHED DWELLING - ISOLATED - see DWELLING, SEMI-DETACHED - ISOLATED
SEMI-DETACHED DWELLING - PRE-PLANNED - see DWELLING, SEMI-DETACHED - PRE-PLANNED
SENIOR CITIZEN HOUSING means a development which complies with the Senior Citizens Housing Act, as amended,
and which is used as a residence designed for elderly persons not requiring constant or intensive medical care, and
usually consists of multiple dwelling units.
SERVICE STATION means a building or portion thereof which is used for the servicing and minor repairing of motor
vehicles and a portion for the sale of gasoline, lubricating oils and minor accessories for motor vehicles.
SETBACK - see YARD
SETBACK, SECONDARY FRONT - see YARD, SECONDARY FRONT
SHALL means that the action is mandatory.
SHARED PARKING means a site's parking supply may service more than one use on the site, the total supply being
less than the sum of the Bylaw parking requirement for the total of all uses on the site and may occur through the
proponent providing detailed information and analysis of one or more uses on the site having its peak demand at
times other than the peak demand at times; employees/customers of one use on the site utilizing another us on the
site; a customer coming to several different uses on the site.
SHIPPING CONTAINER means any container that was used for transport of goods by means of rail, truck, or by sea.
These containers are rectangular in shape and are generally made of metal.
SHOOTING/RIFLE RANGE means a designated practice area designed for the purpose of controlled discharge of
firearms or archery equipment.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 32
SHOPPING CENTRE means a unified group of buildings with more than one commercial use being primarily retail and
personal services and on a site comprehensively planned, developed and managed as a single commercial operating
unit with shared on-site parking where the intended uses comply with the subject district.
SHORT-TERM RENTAL 1 means the operation of one (1) accommodation unit for a period not exceeding 30 days
within all or a portion of a dwelling unit and the owner of the property is required to occupy the dwelling (or an
adjacent dwelling on the same parcel in the case of a detached suite) as their primary residence and be present on
the premises during the majority of the operation of the Short-Term Rental. For the purposes of this Bylaw a Short-
Term Rental 1 includes a Bed & Breakfast.
SHORT-TERM RENTAL 2 means the operation of one (1) or more accommodation unit(s) for a period not exceeding
30 days within all or a portion of a dwelling unit, and the owner of the property is not required to occupy the dwelling
unit as their primary residence.
SHOULD means that the action is recommended but is not mandatory.
SHRUB means a single or multi-stemmed woody plant under 5 m (16 ft.) at maturity.
SIDE YARD - see YARD, SIDE
SIGNS (refer to Schedule 12: Sign Regulations)
SILL means the lower horizontal piece along the frame of a window or door, which may be located on the interior or
exterior and provides support to the structure and/or may direct water clear of the wall below.
SIMILAR USE - see Administration Section 35
SINGLE-DETACHED DWELLING SITE BUILT - see DWELLING, SINGLE-DETACHED SITE BUILT
SITE means that part of a parcel or a group of parcels on which a development exists or for which an application for
a Development Permit is being made.
SITE COVERAGE means that portion of a site upon which covered buildings are located as measured from a point at
grade directly below the outside surface of the exterior walls of the building at the first storey floor level, including
any projections less than 2.4 m (7.9 ft.) above.
SITE DEPTH means the mean horizontal distance between the front and rear boundaries of the site.
SITE PLAN means a plan drawn to scale showing the boundaries of the site, the location of all existing and proposed
buildings upon that site, and the use or the intended use of the portions of the site on which no building are situated,
and showing fencing, screening, grassed areas, and the location, species and size of all existing and proposed shrubs
and trees on site.
SITE SERVICING PLAN means a plan showing the legal description and dimensions of the site, the utilities, site
drainage, existing and proposed site grades, the grades of streets and sewer servicing the property, elevations of
top of curb or sidewalk and lot corners approved by the Town's Engineer.
SITE WIDTH means the average horizontal distance between the side boundaries of a site measured at 8 m (26.2 ft.)
from the front property line.
SMALL WIND ENERGY SYSTEM (refer to Schedule 5: Use Specific Standards)
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 33
SOD FARM means the commercial growing of sod through seeding and stripping of topsoil to sell the final product.
SOLAR COLLECTOR means a device or combination of devices, structures, or part of a device or structure that
transforms direct solar energy into thermal, chemical, or electrical energy for the primary purpose of meeting the
electricity needs of the building and/or parcel it serves consistent with the Micro-generation Regulation. For the
purposes of the use allocation in Schedule 2, solar collector, attached is distinguished from solar collector, free-
standing.
SOUTH SASKATCHEWAN REGIONAL PLAN means the regional plan and regulations established by order of the
Lieutenant Governor in Council pursuant to the Alberta Land Stewardship Act.
SPECIAL CARE FACILITY means the use of a building or portion thereof which provides for the care or rehabilitation
of one or more individuals, with or without the provision of overnight accommodation. This does not include HOTEL,
MOTEL, SENIOR CITIZEN HOUSING, or ASSISTED LIVING FACILITY.
STAFF RESIDENCE means a dwelling unit for the occupancy of the owner, operator, caretaker, or other essential
administrative and operational personnel and which is accessory to other development on the parcel.
STAKE OUT OF THE SITE means the process of measuring the site and designating the areas on the site where
construction will occur.
STOP ORDER means an order issued by the Development Authority pursuant to section 645 of the Municipal
Government Act.
STOREY means that portion of a building which is situated between the top of any floor and the top of the floor next
above it, and if there is no floor above it, that portion between the top of such floor and the ceiling above it.
STORM WATER MANAGEMENT FACILITIES means facilities that manage the flow of water which results from
precipitation and which occurs immediately following rainfall or a snowmelt.
STREET means a public thoroughfare affording the principal means of access to abutting parcels and includes the
sidewalks and the land on each side of and contiguous to the prepared surface of the thoroughfare and owned by
the municipality.
STREET MINOR LINE means the shortest property line in length of the one or more property lines which are adjacent
to a street (excluding a lane).
STRUCTURAL ALTERATION, MAJOR means an alteration to an existing building of a structural (non-cosmetic) nature
and of an extent whereby the majority of the existing structural components are being replaced or repaired.
STRUCTURE means anything constructed or erected that requires a location on the ground or attached to something
having location on the ground. Among other things, structures include, building, walls, fences, and signs. Means
anything constructed with a fixed location on the ground or attached to something having a fixed location on the
ground, including, but not exclusive to walls, light standards, fences and signs.
STUDIO SUITE means a detached secondary dwelling unit situated on grade or above an enclosed parking structure
or private garage that is located to the rear of the principal dwelling unit.
SUBDIVISION means the division of a parcel by an instrument, and "subdivide" has a corresponding meaning.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD means the tribunal established, by bylaw, to act as the municipal
appeal body for Subdivision and Development.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 34
MATTERS RELATED TO 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 body established by Bylaw to act as the subdivision authority in accordance
with section 623 of the Municipal Government Act.
SWIMMING POOL, PRIVATE means an in-ground or above-ground structure containing an artificial body of water.
Private swimming pools are classified as an accessory structure and regulated by the Town's Land Use Bylaw and
any other relevant municipal bylaw.
T
TELEVISION OR RADIO ANTENNAE TOWERS, EXCLUDING OFFICES, STUDIOS, ETC. means a structure and any
associated system, including all masts, towers and other antenna supporting structures that is used for the
transmission, emission or reception of television, radio or telecommunications.
TEMPORARY means a restricted period of time.
TEMPORARY STRUCTURE means a structure without any foundation or footings and which is removed when the
designated time period, activity or use for which the temporary structure was erected and ceased.
TERRACE - see PATIO
TOURIST INFORMATION SERVICES AND FACILITIES means the use of a parcel of land or a building to provide
information to the travelling public and may include washrooms and picnic facilities.
TOWN means the Town of Cardston.
TREE means any perennial woody plant with one or few main trunks, 5 m (16 ft.) or over in height at maturity.
TRUCK TRANSPORTATION DEPOT means a facility for the purpose of storing and dispatching trucks and tractor-
trailers for transporting goods.
TRUCK WASH means a commercial vehicle washing facility associated with large vehicles such as truck tractor
trailers.
U
UNCOVERED DECK - see DECK, UNCOVERED
UNENCLOSED means an outdoor space or structure which is surrounded by not more than two walls, nor roof, lattice,
or other enclosing device whatsoever above 1.2 m (3.9 ft.) in height, as measured from the floor.
UNFINISHED BUILDING means a building or portion of a building which is, in the opinion of the Development
Authority, incomplete as to structure finish, or which lacks the proper installation of any normal provisions.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 35
UTILITY means any one or more of the following:
(a)
systems for the distribution of gas, whether artificial or natural;
(b)
facilities for the storage, transmission, treatment or supply of water;
(c)
facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d)
storm sewage drainage facilities;
(e)
telecommunications systems;
(f)
systems for the distribution of artificial light or electric power;
(g)
facilities used for the storage of telephone, cable, remote weather stations or internet infrastructure;
(h)
any other things prescribed by the Lieutenant Governor in Council by regulation.
For the purposes of the use allocation in Schedule 2, a Utility for distribution purposes (i.e. buried service lines) is be
considered as an accessory use and is allowable in all districts.
UTILITY, PRIVATE means a utility which is privately-owned or operated.
UTILITY, PUBLIC means a utility for public use and which is publicly-owned or operated by a municipal, provincial or
federal government.
UTILITY RIGHT-OF-WAY - see RIGHT-OF-WAY
V
VACANT LOT - see LOT, VACANT
VARIANCE - see WAIVER
VERANDA means a porch along the outside of a building which is
sometimes partly enclosed (See Figure 13.3).
Figure 13.3
VETERINARY CLINIC means a facility for the medical treatment of small or large animals and includes provision for
their overnight accommodation within the building only, and may include associated office space. All animal facilities
are subject to the Town Domestic Animal and Dog Regulation and Control Bylaws.
VETERINARY CLINIC - SMALL ANIMAL means a facility for the medical care and treatment of small animals and
household pets only and includes provision for their overnight accommodation within the building only, and may
include associated office space. All animal facilities are subject to the Town Domestic Animal and Dog Regulation
and Control Bylaws.
W
WAIVER means the relaxation of a measurable standard of this Bylaw.
WAIVER, MINOR means a relaxation of one measurable standard of this Bylaw not to exceed 10 percent.
WAREHOUSE means a development used for the storage of materials, products, goods or merchandise. Limited
product display, retail sales and offices accessory to the principal use may be allowed in this land use class.
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 36
WAREHOUSE, RETAIL means development for the retail sale of goods which are warehoused in bulk on the premises,
displayed or catalogued for customer selection, and where the warehouse component occupies at least 50 percent
of the gross floor area. This term refers to uses such as furniture, carpet, appliance, fabric and apparel warehouses
and clearance centres.
WAREHOUSE, WHOLESALE means development for the storage and/or wholesale distribution of goods. "Hardware
and building supplies" and "farm supplies, service" are separate uses.
WAREHOUSE STORAGE means a use or building for the storage of materials, products, goods and merchandise, and
this may include commercial mini-storage facilities.
WASTE DISPOSAL FACILITY means a use of land or building for the storage, burial or transfer of garbage, spent or
discarded materials, or hazardous materials and which do not meet the definition of RECYCLING FACILITY or SALVAGE
YARD. Such uses include, but are not limited to, waste transfer stations and landfills.
WATER TREATMENT PLANT means the facility or facilities which can alter the physical, chemical, or bacteriological
quality of the water.
X
XERISCAPING/XERIGARDENING means landscaping and gardening in ways that reduce or eliminate the need for
supplemental water from irrigation and includes plants whose natural requirements are appropriate to the local
climate.
Y
YARD means the area between a lot line and the
nearest
part
of
any
building,
structure,
development, excavation or use on the lot (See
Figure 13.4). May be referred to as 'setback'.
YARD, FRONT means a yard extending across the
full width of a lot and situated between the front
lot line and the nearest portion of the principal
buildings (See Figure 13.4).
YARD, REAR means a yard extending across the
full width of a lot and situated between the rear
lot lines and the nearest portion of the principal
building (See Figure 13.4).
YARD, SECONDARY FRONT means a yard on a
corner lot with street frontage but which is not
the frontage where the main entrance to the
building or development is oriented or is the yard
which is designated the secondary front by the
Development Authority (See Figure 13.4).
Figure 13.4
Town of Cardston Land Use Bylaw No. 1647
SCH 13 | 37
YARD, SIDE means a yard extending from the front yard to the rear yard and situated between the side lot lines and
the nearest portion of the principal building (See Figure 13.4).
Z
ZERO LOT LINE means there is no minimum yard dimension for a building, structure, development, excavation or
use on a parcel.
All other words and expressions not otherwise defined in this Land Use Bylaw have the meaning
assigned to them in the Municipal Government Act.
APPENDIX A:
TELECOMMUNICATION ANTENNA SITING
PROTOCOL EXCLUSION LIST
TELECOMMUNICATION ANTENNA SITING PROTOCOL
EXCLUSION LIST
Industry Canada has determined that certain antenna structures are considered to have minimal impact on the local
surroundings and do not require consultation with the Land Use Authority or the public. The following excerpt from
Industry Canada's publication, "Radiocommunication and Broadcasting Antenna Systems CPC-2-0-03" lists the types
of antenna installations exempted from the requirement to consult with the local land use authority and the public.
The installations listed are therefore excluded from Schedule 5, Section 19 (Telecommunication Antenna Siting
Protocols) in the Town of Cardston Land Use Bylaw.
Schedule 5, Section 19 Exclusions
For the following types of installations, proponents are excluded from the requirement to consult with the land use
authority and the public, but must still fulfill the General Requirements outlined in the Administration Section,
subsection 7 [of CPC-2-0-03]:
-
maintenance of existing radio apparatus including the antenna system, transmission line, mast, tower or
other antenna-supporting structure;
-
addition or modification of an antenna system (including improving the structural integrity of its integral
mast to facilitate sharing), the transmission line, antenna-supporting structure or other radio apparatus to
existing infrastructure, a building, water tower, etc. provided the addition or modification does not result
in an overall height increase above the existing structure of 25 percent of the original structure's height;
-
maintenance of an antenna system's painting or lighting in order to comply with Transport Canada's
requirements;
-
installation, for a limited duration (typically not more than 3 months), of an antenna system that is used for
a special event, or one that is used to support local, provincial, territorial or national emergency operations
during the emergency, and is removed within 3 months after the emergency or special event; and
-
new antenna systems, including masts, towers or other antenna-supporting structure, with a height of less
than 15 m above ground level.
Individual circumstances vary with each antenna system installation and modification, and the exclusion criteria
above should be applied in consideration of local circumstances. Consequently, it may be prudent for the
proponents to consult the Land Use Authority and the public even though the proposal meets an exclusion noted
above. Therefore, when applying the criteria for exclusion, proponents should consider such things as:
-
the antenna system's physical dimensions, including the antenna, mast, and tower, compared to the local
surroundings; the location of the proposed antenna system on the property and its proximity to
neighbouring residents;
-
the likelihood of an area being a community-sensitive location; and
-
Transport Canada marking and lighting requirements for the proposed structure.
Proponents who are not certain if their proposed structure is excluded, or whether consultation may still be prudent,
are advised to contact the land-use authority and/or Industry Canada for guidance.
APPENDIX B:
FORMS
FORM A
APPLICATION FOR A DEVELOPMENT PERMIT
FORM B
NOTICE OF DECISION ON APPLICATION FOR A DEVELOPMENT PERMIT
FORM C
DEVELOPMENT PERMIT
FORM D
NOTICE OF SUBDIVISION AND DEVELOPMENT AUTHORITY MEETING
FORM E
NOTICE OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD HEARING
FORM F
NOTICE OF DECISION OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD
FORM G
AGREEMENT FOR TIME EXTENSION
FORM H
STOP ORDER
FORM I
APPLICATION FOR A LAND USE BYLAW AMENDMENT
FORM J
CALCULATION FORM FOR DETERMINING EXISTING PERCENTAGE OF MULTI-UNIT DEVELOPMENT
FORM K
DEMOLITION PERMIT
FORM L
SERVICE CONNECTIONS APPROVALS FOR DEMOLITION PERMIT
FORM M
TELECOMMUNICATION SITING PROTOCOL APPLICATION & CHECKLIST
FORM N
VOLUNTARY WAIVER OF CLAIMS
Form A
TOWN OF CARDSTON
APPLICATION FOR A DEVELOPMENT PERMIT
APPLICATION NO. _____________
APPLICANT:
NAME: ________________________________________________________________ PHONE: ______________________
ADDRESS:___________________________________________________________________________________________
OWNER OF LAND (if different from applicant):
NAME: ________________________________________________________________ PHONE: ______________________
ADDRESS:___________________________________________________________________________________________
PROPERTY TO BE DEVELOPED:
CIVIC ADDRESS: ______________________________________________________________________________________
LEGAL FILE #: ________________________________________________________________________________________
LEGAL DESCRIPTION:
Lot(s) _______________________ Block ____________________ Plan ___________________________
Quarter __________ Section ____________ Township ____________ Range ____________ West of __________ Meridian
LAND USE DISTRICT: ____________________________________ EXISTING LAND USE: ______________________________________
DETAILS OF DEVELOPMENT:
PROPOSED USE: _______________________________________________________________________________________________
OFF-STREET PARKING SPACES:
Number ___________ (Refer to plan for LOCATION)
MAIN BUILDING:
SETBACKS:
Front _________________ Rear ___________________ Side ____________________ Side ____________________
HEIGHT: ___________________ FLOOR AREA: ______________________ PERCENT OF LOT OCCUPIED: ________________________
ACCESSORY BUILDING:
SETBACKS:
Front _________________ Rear ___________________ Side ____________________ Side ____________________
HEIGHT: ___________________ FLOOR AREA: ______________________ PERCENT OF LOT OCCUPIED: ________________________
PERMIT FEE: __________________ RECEIPT NO. _____________________ RECEIVED BY: ______________________________________
PLANS ATTACHED:
Yes
No
ESTIMATED VALUE OF CONSTRUCTION ($): _________________________________
ESTIMATED COMMENCEMENT: ______________________________ ESTIMATED COMPLETION: _________________________________
IMPORTANT:
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 owner
of the land described above is aware of this application.
Date: _______________________
Signature of APPLICANT: _____________________________________
Date: _______________________
Signature of REGISTERED OWNER: _____________________________________
TERMS: See Reverse
TERMS:
1.
Every application for a permit shall be submitted in duplicate and be accompanied by the following information:
(a)
a site plan showing
i.
the registered legal boundaries,
ii.
the location of any proposed development and any existing development,
iii.
and provisions for off-street loading and parking facilities,
iv.
the location of all existing services;
(b)
floor plans and elevations, and cross-sections;
(c)
a statement indicating the manner in which the applicant intends to conform to the conditions and standards applicable to
the development proposed.
2.
Every application for a permit shall be accompanied by a non-returnable processing fee as established in the fee schedule of this
bylaw.
3.
All plans submitted for the erection, enlargement, or alterations of a building, as specified in the Architects Act, shall be signed by a
registered architect or professional engineer.
4.
Failure to complete the application fully and/or to supply the required information and/or plans may cause delays in the processing
of the application.
5.
An application for a permit shall, at the option of the applicant, be deemed to be refused when a decision thereon is not made
within 40 days after receipt of the application in its complete and final form by the designated officer, and the applicant may appeal
as provided for in section 686(1) of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended, as
though he had received a refusal at the end of the 40-day period.
6.
The developer is also required to obtain a town-approved building permit, where applicable.
7.
All refuse on any construction site shall be properly screened or placed in an approved enclosure until such time as disposal occurs,
at the cost of the developer.
8.
The person to whom a development permit has been issued shall notify the designated officer:
(a)
following the preliminary layout of the site, but prior to the commencement of actual development thereon, and
(b)
upon completion of the development.
Form B
TOWN OF CARDSTON
NOTICE OF DECISION ON
APPLICATION FOR A DEVELOPMENT PERMIT
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 ________________________ , _________ .
Date: ______________________________
Signed: ___________________________________________
Designated Officer or Chairman of the
Subdivision and Development Appeal Board
IMPORTANT NOTES:
1.
A development permit does not take effect until seventeen (17) days after the date of the notification of decision. This
does not apply to permits for permitted uses that do not contain conditions. If an appeal is lodged pursuant to section
686(1) of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended as amended, then
a permit will not take effect until the Subdivision and Development Appeal Board has determined the appeal.
2.
Notice of approval in no way removes the need to obtain any permit or approval required by any federal, provincial, or
municipal legislation, order and/or regulations pertaining to the development approved.
Form C
TOWN OF CARDSTON
DEVELOPMENT PERMIT
APPLICATION NO. _____________
This Development Permit is hereby issued to:
NAME: _______________________________________________________________________________________
ADDRESS: ____________________________________________________________________________________
In respect of works consisting of: __________________________________________________________________
_____________________________________________________________________________________________
On land located at: _____________________________________________________________________________
and described on the application for development, number ____________________________________________
and plans submitted by the applicant.
This permit refers only to works outlined in application number _________________________________________
and is subject to the conditions contained in the notice of decision dated _________________________________
Date: ______________________________
Signed: ____________________________________________
Designated Officer
Town of Cardston
THE DEVELOPMENT OUTLINED ABOVE IS SUBJECT TO THE FOLLOWING CONDITIONS:
(a)
Only the development to which this permit relates is authorized in accordance with the provisions of this bylaw, and in no
way relieves or excuses the applicant from complying with this Land Use Bylaw or any other bylaws, laws, orders and/or
regulations affecting such development.
(b)
This permit is valid for a period of one (1) year from the date of issue. If, at the expiry of this period, the development has
not commenced or been carried out with reasonable diligence, this permit shall be null and void.
(c)
If this 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.
NOTE:
THIS DEVELOPMENT PERMIT DOES NOT TAKE EFFECT UNTIL SEVENTEEN (17) DAYS AFTER THE DATE OF THE
NOTIFICATION OF DECISION. THIS DOES NOT APPLY TO PERMITS FOR PERMITTED USES THAT DO NOT CONTAIN
CONDITIONS.
Form D
TOWN OF CARDSTON
NOTICE OF SUBDIVISION AND
DEVELOPMENT AUTHORITY MEETING
APPLICATION NO. _____________
Notice is hereby given that an application is being made for a development permit with regard to the following:
NAME OF APPLICANT:
TYPE OF DEVELOPMENT:
LEGAL DESCRIPTION OF SITE:
PLACE OF MEETING: _____________________________________________________________________
TYPE 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/or to be
present and be heard at the meeting.
Persons requesting to be heard at the meeting shall submit a written request to be heard to the Town of Cardston
not later than:
_____________________________________________________________________________________________
Date: ______________________________
Signed: ____________________________________________
Designated Officer
Town of Cardston
Form E
TOWN OF CARDSTON
NOTICE OF SUBDIVISION AND
DEVELOPMENT APPEAL BOARD HEARING
APPLICATION NO. _____________
NAME: _______________________________________________________________________________________
ADDRESS: ____________________________________________________________________________________
A Public Hearing in the matter of the appeal of _______________________________________________________
of ___________________________________________ to the decision of the designated officer / Subdivision and
Development Authority on Development Application No. _______________________ , being the application for a
development permit for _________________________________________________________________________
at ________________________________________ by _______________________________________________
shall be heard on the ________ day of _________________ , _______ at _______ o'clock (a.m./p.m.)
The hearing will be held in the Town of Cardston Council Chambers.
Date: _______________________
Signed: __________________________________________________
Secretary, Subdivision and Development Appeal Board
Town of Cardston
Form F
TOWN OF CARDSTON
NOTICE OF DECISION OF SUBDIVISION AND
DEVELOPMENT APPEAL BOARD
APPLICATION NO. _____________
NAME: _______________________________________________________________________________________
ADDRESS: ____________________________________________________________________________________
In the matter of the appeal of ____________________________________________________________________
of ___________________________________________ to the decision of the designated officer / Subdivision and
Development Authority on Development Application No. _______________________ , being the application for a
development permit for _________________________________________________________________________
_____________________________________________________________________________________________
at ________________________________________ by _______________________________________________
the Subdivision and Development Appeal Board, duly convened on the _____________ day of ______________ ,
_____________ decided to:
For the following reasons:
Date: _______________________
Signed: __________________________________________________
Secretary, Subdivision and Development Appeal Board
Town of Cardston
IMPORTANT:
This decision of the Subdivision and Development Appeal Board is final and binding on all parties and all persons, subject
only to appeal pursuant to the provisions of the Municipal Government Act.
Form G
TOWN OF CARDSTON
AGREEMENT FOR TIME EXTENSION
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.
Date: _______________________
_________________________________________________________
Signature of Registered Owner/Person Acting on behalf of:
_________________________________________________________
Signature of Witness
Date: _______________________
_________________________________________________________
Signature of Designated Officer - Town of Cardston
_________________________________________________________
Signature of Witness
Form H
TOWN OF CARDSTON
STOP ORDER
APPLICATION NO. _____________
TO THE REGISTERED OWNER: _____________________________________________________________________
ADDRESS: ____________________________________________________________________________________
LEGAL DESCRIPTION:
Lot(s) ______________ Block _____________ Plan _________________________
Quarter ____________ Section ______________ Township _____________ Range _______________
PLEASE TAKE NOTICE that in accordance with the Municipal Government Act, section 645, 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 684
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 14 days after receiving this order, in care of the
secretary, Subdivision and Development Appeal Board, Town of Cardston, Cardston, Alberta, T0K 0K0.
Date: ______________________________
Signed: ___________________________________________
Designated Officer
Town of Cardston
Form I
TOWN OF CARDSTON
APPLICATION FOR A LAND USE BYLAW AMENDMENT
APPLICATION NO. _____________
APPLICANT: ___________________________________________________________________________________
ADDRESS: ____________________________________________________________________________________
REGISTERED OWNER: ___________________________________________________________________________
ADDRESS: ____________________________________________________________________________________
LEGAL DESCRIPTION:
Lot(s) ______________ Block _____________ Plan _________________________
Quarter ____________ Section ______________ Township _____________ Range _______________
PROPOSED AMENDMENT:
FROM: _______________________________________________________________________________________
_____________________________________________________________________________________________
TO: __________________________________________________________________________________________
_____________________________________________________________________________________________
APPLICANT'S SUBMISSION:
Please state your reasons for applying for this amendment. 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.
Fees Submitted $ ____________________
Receipt No. _________________________
Date: ______________________________
Signed: ___________________________________________
Applicant
Form J
TOWN OF CARDSTON
CALCULATION FORM FOR DETERMINING EXISTING
PERCENTAGE OF MULTI-UNIT DEVELOPMENT
APPLICATION NO. _____________
Steps for calculating total lot area for multi-unit development:
1.
Calculate total area of lots in designated grid
________ acres (a)
*(add together the acreage for each lot in designated area using Map 1)
2.
Calculate existing area of multi units in grid
________ acres (b)
*(total acreage for lots that have a multi unit dwelling existing;
if a unit has individual lots subdivided, then add the area for each lot)
3.
Calculate the area of the of lot on which development is proposed
________ acres (c)
*(from GIS or registered plan)
4.
Calculate 15% of the total area
__________________ X 0.15 =
________ acres (d)
(a)
5.
Calculate % of area that has existing units _______ / _______ X 100 =
________% (e)
(b)
(a)
6.
Calculate total available % of area remaining for multi-unit development
*(15% of the total area minus % of acreage of existing units)
15% - ________ X 100 = ________ % (f)
(e)
7.
Calculate the % of area for the proposed lot
*(acreage of proposed lot divided by total acreage of designated grid)
________ / ________ X 100 = ________ % (g)
(c)
(a)
8.
Calculate total % of area in grid that would be used for multi unit dwellings
*(add % of area that has existing units with % of area for the proposed lot)
________ + ________ =
________ % (h)
(e)
(g)
(h) should not exceed 15%
Form K
TOWN OF CARDSTON
DEMOLITION PERMIT
Residential Fee $20.00
Commercial Fee $50.00
NAME: ________________________________________________________________________________________
CIVIC ADDRESS: ________________________________________________________________________________
TYPE OF STRUCTURE TO BE DEMOLISHED:
LEGAL DESCRIPTION OF SITE:
NAME OF DEMOLITION COMPANY: ________________________________________________________________
ADDRESS OF DEMOLITION COMPANY: ______________________________________________________________
DATE COMMENCING DEMOLITION: ________________________________________________________________
I, the Applicant, agree to the following:
1. This permit will expire in 90 days from date of issue.
2. All services must be located prior to starting demolition (Alberta one-call at 1-800-242-3447)
3. All taxes on the property must be paid in full.
4. All demolitions that have other buildings and pedestrian areas in close proximity must have barricades erected to keep the
public clear of the demolition area.
5. All materials from a demolition must be removed from the site and taken to proper areas for disposal. This waste can not
be taken to the Transfer Stations unless it is burnable, the non burnable waste must be disposed of at the Regional Land Fill
location or other approved locations.
6. When the demolition work is completed, the vacant property must be clean and free of all debris and the ground leveled.
7. Any encumbrances against the property must be cleared or waived by the party or parties having the encumbrance. (ie.
mortgage, lien, etc.)
8. All utilities - Phone, Cable, Gas, Electricity, Sewer and Water have been cleared for removal of the building.
Date: _______________________________
Signed: ___________________________________________
Applicant
Date: _______________________________
Signed: ___________________________________________
Development Officer
Paid: _______________________
Form L
TOWN OF CARDSTON
SERVICE CONNECTIONS APPROVALS
FOR DEMOLITION PERMIT
NAME: ________________________________________________________________________________________
CIVIC ADDRESS: ________________________________________________________________________________
LEGAL DESCRIPTION:
Lot(s) ______________ Block ______________ Plan _________________________
NAME OF DEMOLITION COMPANY: ________________________________________________________________
ADDRESS OF DEMOLITION COMPANY: ______________________________________________________________
DATE COMMENCING DEMOLITION: ________________________________________________________________
The following approvals are required prior to demolition permit being issued:
TOWN OF CARDSTON
Water & Sewer
All Services Equipment Removed
_________________________________________________________
TELUS COMMUNICATIONS
All Services Equipment Removed
_________________________________________________________
ATCO
All Services Equipment Removed
_________________________________________________________
TOWN OF CARDSTON - Electrical
All Services Equipment Removed
_________________________________________________________
SHAW CABLE
All Services Equipment Removed
_________________________________________________________
OTHER
_________________________________________________________
All services must be located prior to starting demolition
(Alberta one-call at 1-800-242-3447)
NOTE: Please obtain a signature on appropriate lines and return to the Town office to obtain your
demolition permit.
TOWN OF CARDSTON
Box 280
Cardston, AB T0K 0K0
Date of Application:
APPLICANT INFORMATION
Name of Applicant
(please print):
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
City/Town:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
City/Town:
Postal Code:
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing use?
Form M
TOWN OF CARDSTON
TELECOMMUNICATION SITING PROTOCOL
APPLICATION & CHECKLIST
IF "NO" please complete box
b l
DETAILS OF THE PROPOSED DEVELOPMENT
What currently exists on the parcel?
What will the tower be used for?
TOWER SIZE
Overall tower height ______________ m ft
Commencement Date: _________________________
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts. I
also consent to an authorized person designated by the municipality to enter upon the subject land and buildings for the
purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
FOIP Notification: Your name, home phone number, home address and postal code are collected under the authority of
section 33(c) of the Freedom of Information and Protection of Privacy Act. This information will be used in the
administration of Town of Cardston programs. If you have any questions about this collection, contact the FOIP
Coordinator, Town of Cardston, Box 280, Cardston, AB T0K 0K0 or (403) 653-3366.
TELECOMMUNICATION SITING PROTOCOL CHECKLIST
A COMPLETED APPLICATION REQUIRES:
1. A completed checklist
2. Non-refundable application fee
3. Signature of ALL landowners
4. Any additional information requested by the Development Authority
CHECKLIST INFORMATION:
Failure to complete the Application or supply the required information, plans or fees may cause delays in
application processing.
The Development Authority may refuse to accept your application if the required information has not
been supplied or if the quality of the information is inadequate to properly evaluate the application.
Once the information has been reviewed, the Town of Cardston will either:
o Issue a municipal concurrence letter to the applicant, or
o Issue a letter which outlines the municipality's concerns and/or conditions to the applicant and
Industry Canada
Construction permits may be required for buildings/tower foundations, plumbing, private sewage
systems, and gas or electrical installations.
FEES
Copying and distribution of required notification letters
$1.50/letter
Payment required for
distribution of letters will
be the application fee
Distribution of required notification letters
$1.00/letter
If the applicant can prove that notification to all required adjacent landowners has been done, then no fee is required.
For fees not listed here, please see Town of Cardston Fee Schedule
CHECKLIST
Please attach a description of the project summarizing the information required in the following table.
REQUIREMENT
IS THIS REQUIRED?
YES OR NO
SUBMITTED?
YES, NO OR N/A
Co-utilization:
Are there any other such structures within a radius of 500 m
(1640 ft.) of the proposed location?
If YES, please provide a site plan showing the locations
of these and provide documentary evidence that co-
utilization of the existing structure(s) is not a viable
alternative to a second structure.
Stealth Structure Options/Screening:
If this structure will be visible from residential areas stealth
structure options must be used and a description of the
stealth structure options must be submitted to the
satisfaction of the Town.
Lighting and Signage:
Is there additional lighting planned in addition to what is
required by federal agencies? Please provide a description of
all lighting, required or not required.
What signage will be used? Please describe. No advertising
signage shall be permitted.
Notification & Public Consultation Process:
All landowners within a distance of 3.2 km (2 miles) from the
proposed structure must be notified. Please provide a letter
that the Town can circulate on your behalf.
The fee for copying and distributing these letters is
$1.50/letter.
_______ x $1.50/letter = ______ total
The fee for only distributing these letters is $1.00/letter.
_______ x $1.00/letter = ______ total
Note: Town of Cardston reserves the right to charge an
administrative fee in accordance with standard Town fees for
any time associated with copying and distribution of letters.
Form N
TOWN OF CARDSTON
VOLUNTARY WAIVER OF CLAIMS
DEVELOPMENT COMMENCEMENT
DP # _______________
Rec'd by Town _______
Date ________________
Project Address:
Unit/Bay # ___________________
Civic Address _________________________________________________
Lot _____________________
Block ___________________
Plan _______________________________
Date ________________________
Type of Development __________________________________________
"VOLUNTARY WAIVER OF CLAIMS" (Optional)
For Development Approvals of Discretionary Uses and/or Approvals granting a waiver of development standards
This "Voluntary Waiver of Claims" allows you to commence your development at your own risk in advance of the
date of validity on your Development Permit. The permit's valid date is the date at which the appeal period for
the public has expired.
By agreeing to this "Voluntary Waiver of Claims" you agree that should an appeal be made you will immediately
cease the development pending the outcome of the appeal and will waive all claims to compensation from the
Town of Magrath for costs associated with that cessation and/or costs resulting from the outcome of the appeal,
including the removal of improvements and restoration of disturbances to the land/buildings to their former
state.
Agreement to this "Voluntary Waiver of Claims" does not nullify you own right to an appeal. You may appeal any
condition of approval on the Development Permit to the Subdivision and Development Appeal Board by the date
identified on your permit.
Agreement to this "Voluntary Waiver of Claims" and possession of the released Development Permit does not
eliminate the need for a Business License, Building Permit or other permits. Do not commence development
without first obtaining all the necessary permits.
I HAVE READ, UNDERSTOOD, AND AGREE TO THIS "VOLUNTARY WAIVER OF CLAIMS"
Name: (Please Print)
________________________________________________________
Signature:
________________________________________________________
Date:
________________________________________________________
Personal information collected on this form is collected in accordance with sections 683, 685 and 686 of the Alberta Municipal Government Act and
Section 33(c) of the Freedom of Information and Protection of Privacy Act. Please note that such information may be made public. If you have any
questions about the collection, use or disclosure of the personal information provided, please contact the Town of Cardston, Box 280, Cardston, AB
T0K 0K0 or (403) 653-3366.
APPENDIX C:
FEES
FEES
Fee Schedule
Permitted Uses
Discretionary Use or Use
Requesting Waiver
Greater than 10%
Residential:
Dwellings
$50
$150
Additions
$50
$150
Accessory Buildings 100 sq. ft. or greater
$50
$150
Home Occupations
$50
$150
Commercial:
Change of Use
$50
$150
Commercial buildings
$50
$150
Commercial additions/accessory building
$50
$150
Industrial:
Change of Use
$50
$150
Industrial buildings
$50
$150
Industrial additions/accessory building
$50
$150
Public/Institutional:
All uses
$50
$150
Sign Permit:
$25
$150
Temporary Shipping Container:
$25
Letter of Compliance:
$25
Demolition Permit:
$20
Recirculation Fee:
50% of the original application fee
Land Use Bylaw Amendments:
$500
Other Statutory Plans and Amendments To:
$500
Time Extension (Development Permits)
$25
Appeal to the Subdivision and Development Appeal Board
($150 of fee refundable upon successful appeal):
$200
Additional fees will be required for building permits and inspections.
Whenever an application is received for a development or use not listed in this schedule, the amount of the fee shall
be determined by the Designated Officer or the Municipal Planning Commission and shall be consistent with those
fees listed herein.
Fees are set by Council through policy and may be adjusted from time to time.
APPENDIX D:
BYLAWS
SUBDIVISION AND DEVELOPMENT AUTHORITY BYLAW NO. 1478
SUBDIVISION AND DEVELOPMENT APPEAL BOARD BYLAW NO. 1682
APPENDIX E:
CANNABIS RETAIL SALES
SETBACK BUFFER MAP
Cannabis Retail Sales
Setback Buffer Map
0
200
400
600
800
100
Meters
¯
Cardston Town Boundary
Title Linework
Buffered Parcel
300m Cannabis Buffer
Town of Cardston
Aerial Photo Date: April 22, 2017
Map Date: October 18, 2018
For Discussion Purposes Only
Land Use Bylaw No. 1647
Appendix E