County of St. Paul No. 19 Land Use Bylaw 2021-13 (consolidated copy, April 2024)
County of St. Paul No. 19, Alberta
· No. 19
· adopted 2021-10-12
· summary & facts
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Bylaw 2021-13
Land Use Bylaw
The County of
ST. PAUL NO. 19
Consolidated Copy: Updated April 2024
County of St. Paul No. 19 Land Use Bylaw
2021
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Consolidated with Bylaws:
- Bylaw 2022-02 Rezoning Amendment
- Bylaw 2022-03 Rewording Amendment
- Bylaw 2022-09 Re: Alternate Energy
- Bylaw 2023-05 Rezoning Amendment
- Bylaw 2023-13 Rezoning Amendment
- Bylaw 2023-19 Rezoning Amendment
- Bylaw 2023-26A Rewording Amendment
- Bylaw 2023-26B Rewording Amendment
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Table of Contents
PART 1 - INTRODUCTION ....................................................................................................... 5
1.1
TITLE ............................................................................................................................ 5
1.2
PURPOSE ...................................................................................................................... 5
1.3
DEFINITIONS .............................................................................................................. 5
1.4
METRIC AND IMPERIAL MEASUREMENTS .................................................... 21
PART 2 - GENERAL ADMINISTRATIVE PROCEDURES ................................................ 22
2.1
DEVELOPMENT APPROVAL AUTHORITIES ................................................... 22
2.2
CONTROL OF DEVELOPMENT ........................................................................... 23
2.3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ................ 23
2.4
NON-CONFORMING BUILDINGS AND USES ................................................... 24
PART 3 - DEVELOPMENT APPLICATION PROCESS...................................................... 24
3.1
APPLICATION FOR DEVELOPMENT ................................................................. 24
3.2
APPLICATION FOR SUBDIVISION ...................................................................... 26
3.3
DETERMINATION & NOTIFICATION OF COMPLETE APPLICATIONS .. 26
3.4
DECISION PROCESS ............................................................................................... 27
3.5
SUITABILITY FOR DEVELOPMENT................................................................... 28
3.6
DEVELOPMENT PERMITS AND NOTICES ....................................................... 29
PART 4 - DEVELOPMENT APPEAL PROCESS.................................................................. 30
4.1
APPEAL PROCEDURE ............................................................................................ 30
4.2
APPEAL HEARING .................................................................................................. 30
4.3
APPEAL DECISION .................................................................................................. 31
PART 5 - BYLAW AMENDMENT PROCESS ....................................................................... 32
5.1
APPLICATION FOR AMENDMENT ..................................................................... 32
5.2
PUBLIC HEARING PROCESS ................................................................................ 33
PART 6 - ENFORCEMENT AND ADMINISTRATION ....................................................... 33
6.1
CONTRAVENTION................................................................................................... 33
6.2
PROHIBITIONS ......................................................................................................... 33
PART 7 - LAND USE PROVISIONS ....................................................................................... 34
7.1
ABOVE-GROUND STORAGE TANKS FOR COMBUSTIBLE/FLAMMABLE
LIQUIDS .................................................................................................................................. 34
7.2
ACCESSORY BUILDINGS ...................................................................................... 34
7.3
BARBED WIRE FENCING ...................................................................................... 35
7.4
BASEMENT SUITES ................................................................................................. 35
7.5
BED AND BREAKFAST ESTABLISHMENTS ..................................................... 35
7.6
BUILDING HEIGHT ................................................................................................. 36
7.7
COMMUNICATION TOWERS ............................................................................... 36
7.8
CONFINED FEEDING OPERATIONS................................................................... 37
7.9
DECKS ......................................................................................................................... 37
7.10
DEVELOPMENT SETBACKS ................................................................................. 38
7.11
DUGOUTS ................................................................................................................... 39
7.12
ENVIRONMENTAL SETBACKS ............................................................................ 39
7.13
EXISTING SUBSTANDARD LOTS ........................................................................ 40
7.14
FIRE PITS ................................................................................................................... 40
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7.15
GARAGE SUITES ...................................................................................................... 40
7.16
HISTORICAL AND ARCHEOLOGICAL SITES ................................................. 41
7.17
HOME OCCUPATIONS ........................................................................................... 41
7.18
KENNELS ................................................................................................................... 43
7.19
MANUFACTURED HOMES .................................................................................... 43
7.20
MANUFACTURED HOME PARKS ........................................................................ 44
7.21
NUMBER OF DWELLING UNITS ON A LOT ..................................................... 46
7.22
NATURAL RESOURCE EXTRACTION AND PROCESSING ........................... 47
7.23
OBJECTS PROHIBITED OR RESTRICTED IN YARDS ................................... 48
7.24
OFF-STREET PARKING.......................................................................................... 48
7.25
PERMITTED PROJECTIONS ................................................................................. 50
7.26
PROTECTION FROM HAZARDS .......................................................................... 53
7.27
RECLAIMED OIL AND GAS WELLS ................................................................... 53
7.28
RESIDENTIAL DEVELOPMENT ........................................................................... 54
7.29
SEA-CANS................................................................................................................... 54
7.30
SERVICE STATIONS AND GAS BARS ................................................................. 56
7.31
SEWAGE HOLDING TANKS .................................................................................. 56
7.32
SIGNS........................................................................................................................... 57
7.33
SUBDIVISION OF LAND ......................................................................................... 58
7.34
SOUR GAS FACILITIES .......................................................................................... 58
7.35
COMMERCIAL ALTERNATE ENERGY DEVELOPMENT ............................. 58
7.36 INDIVIDUAL ALTERNATE ENERGY SYSTEMS .............................................. 67
7.37
WORK CAMPS .......................................................................................................... 73
PART 8 - LAND USE DISTRICTS - USES AND REGULATIONS .................................... 75
8.1
ESTABLISHMENT OF LAND USE DISTRICTS .................................................. 75
8.2
AGRICULTURE (A) DISTRICT .............................................................................. 76
8.3
GENERAL URBAN (U) DISTRICT ......................................................................... 80
8.4
COUNTRY RESIDENTIAL ONE (CR1) DISTRICT ............................................ 82
8.5
COUNTRY RESIDENTIAL TWO (CR2) DISTRICT ........................................... 84
8.6
LIGHT INDUSTRIAL RESIDENTIAL (IR) DISTRICT ...................................... 86
8.7
INDUSTRIAL/COMMERCIAL (IC) DISTRICT ................................................... 88
8.8
LINEAR PARCEL DIRECT CONTROL (LPDC) DISTRICT ............................. 90
8.9
DIRECT CONTROL (DC) DISTRICT .................................................................... 91
8.10
DIRECT CONTROL HUTTERIAN BRETHREN CHURCH OF STONY
CREEK (DCHBCSC) DISTRICT (2020-16) ........................................................................ 92
8.11
RECREATION VEHICLE (RV) DISTRICT .......................................................... 94
8.12
OVERLAY DISTRICTS ............................................................................................ 97
PART 9 - ADOPTION ............................................................................................................... 98
9.1
ADOPTION ................................................................................................................. 98
PART 10 - LAND USE DISTRICT MAP ................................................................................ 99
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PART 1 - INTRODUCTION
1.1
TITLE
The title of this Bylaw shall be the Land Use Bylaw of the County of St. Paul No. 19.
1.2
PURPOSE
The purpose of this Bylaw is to regulate and control the use and development of land and buildings
within the County to achieve the orderly and economic development of land, and for that purpose,
amongst other things:
(1)
to divide the County into districts;
(2)
to prescribe and regulate for each district the purposes for which land and buildings may be
used;
(3)
to establish the Development Authority for the County of St. Paul No. 19 and the office of one
or more Development Officers;
(4)
to establish a method of making decisions on applications for development permits including
the issuing of development permits;
(5)
to provide the manner in which notice of the issuance of a development permit is to be given.
1.3
DEFINITIONS
For the purposes of this Bylaw:
(1)
"accessory building" means a building which is subordinate to, exclusively devoted to, and
located on the same site as the principle building or use;
(2) "accessory use", means a use which is subordinate to, exclusively devoted to, and located on
the same site as the principle building or use;
(3)
"accessory sleeping quarters" means a separate building, accessory to the principal dwelling
on a property, which is intended to serve primarily as sleeping quarters and does not contain
a kitchen or a washroom;
(4)
"Act" means the Municipal Government Act, R.S.A. 2000, as amended;
(5)
"adjacent land" refers to those lands that are next to the parcel of land that is subject to a
development permit or subdivision application and includes lands that would be next to the
subject parcel if not for a river, stream, road, utility right-of-way, or reserve land;
(6)
"agricultural land" means the land upon which an agricultural operation operates;
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(7)
"agricultural operation" means an agricultural activity conducted on agricultural land for gain
or reward or in the hope or expectation of gain or reward, and includes:
i.
the cultivation of land,
ii.
the raising of livestock, including diversified livestock animals within the meaning of
the Livestock Industry Diversification Act and poultry,
iii.
the raising of fur bearing animals, pheasants or fish,
iv.
the production of agricultural field crops,
v.
the production of fruit, vegetables, sod, trees, shrubs and other specialty
horticultural crops,
vi.
the production of eggs and milk,
vii.
the production of honey,
viii.
the operation of agricultural machinery and equipment, including irrigation pumps,
ix.
the application of fertilizers, insecticides, pesticides, fungicides and herbicides,
including application by ground and aerial spraying, for agricultural purposes, and
x.
the collection, transportation, storage, application, use, transfer and disposal of
manure, composting materials, and compost;
but does not include:
i.
a confined feeding operation, and the abandonment and reclamation of
confined feeding operations and manure storage facilities;
ii.
the abandonment and reclamation of confined feeding operations and manure
storage facilities;
(8)
"agricultural service centre" means a business which provides non-industrial, agriculturally-
oriented services to the rural community. Without restricting the generality of the foregoing,
this shall include the retailing, servicing, and/or repairing of agricultural implements and
goods such as farm machinery dealers, grain elevators, and fertilizer sales;
(9)
"alternate energy system" - A use producing energy fueled from sources such as sunlight,
water, wind, geo-thermal, or organic materials, but not fossil fuels (liquids, gases, or solids),
either directly, via conversion, or through bio-chemical / bio-mechanical / chemical mechanical
/ bio-chemical mechanical processes. Examples of such uses are, but not limited to, anaerobic
digester, biodiesel, bioenergy, composting, gasification, geo-thermal facility, micro-hydro, solar
energy conversion, wind energy conversion, and waste to energy;
(10) "amusement establishment, indoor" means a development providing recreational facilities
with table games and/or electronic games, used by patrons for entertainment. Indoor
amusement establishments include billiard parlours, electronic games arcades with tables
and/or games and bowling alleys, and other similar uses;
(11) "amusement establishment, outdoor" means a development providing recreational facilities
outdoors played by patrons for entertainment. Outdoor amusement establishments include
amusement parks, go-cart tracks, miniature golf courses, and other similar uses;
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(12)
"anaerobic digester" - A facility or system designed to process animal manure, organic matter,
or septic waste into a bio-gas fuel;
(13) "apartment building" means a dwelling containing five (5) or more dwelling units and which
share a common entrance, and which is not a rowhouse or a work camp;
(14) "applicant" means the person applying for a development permit, who shall be the registered
owner(s) of the land to be developed or the representative or agent of the owner(s), duly
authorized by the owner in writing to make application on behalf of the owner(s) as
evidenced on the application form;
(15) "auto wrecker" means a use where the primary activity is the storage and wrecking of
vehicles, usually for parts of scrap metal re-sale.
(16) "basement suite" means a self-contained dwelling unit, in the basement of a single detached
dwelling;
(17) "bed and breakfast establishment" means a development in a single detached dwelling
which possesses a dwelling unit, where temporary sleeping accommodations, up to a
maximum of three (3) bedrooms, with or without meals, are provided for remuneration to
members of the public;
(18) "bingo hall" means a building or a portion of a building where the game of bingo and other
similar board games may be played. Bingo halls may include an eating and drinking
establishment as an accessory use;
(19) "bioenergy" - The development of energy stored in biological raw materials (wood, wood
chips, bark, agricultural residue, animal manure, paper, cardboard, food and food waste, and
organic yard waste, etc.), using mechanical, thermal, aerobic, anaerobic biological or chemical
processes into solid, liquid or gas fuels;
(20) "biodiesel" - A form of diesel fuel produced from animal fat or vegetable oil using chemical
processes
(21) "blade" - A part of a Wind Energy Conversion System rotor which acts as a single airfoil, to
extract kinetic energy directly from the wind;
(22) "blade clearance" - The distance from grade to the bottom of the rotor's arc;
(23) "building" is defined by the Act and for the purposes of this Bylaw includes anything
constructed or placed on, in, over or under land but does not include a highway or road or a
bridge that forms part of a highway or road;
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(24) "bunkhouse" means a building intended for seasonal use, which includes sleeping quarters
and may contain a food prep area or a washroom facility, but not both;
(25) "cannabis" means cannabis as defined by the Cannabis Act of Canada and its regulations;
(26) "cannabis production facility" means a building or structure used for the cultivation,
harvesting, testing, processing, storage and shipment of cannabis;
(27) "cannabis retail establishment" means a development that is licensed by the Province of
Alberta, where cannabis is sold to the public to be consumed offsite;
(28) "cogeneration" - The joint production, in a sequential process, of electricity (or mechanical
energy) and useful thermal energy (hot water or steam);
(29) "commercial service centre" means a business establishment involved in the servicing,
retailing or repairing of goods. Without restricting the generality of the foregoing, this
includes a service station, general retail establishments, eating and drinking establishments,
entertainment establishments, auto sales outlets, and offices but does not include a cannabis
retail establishment;
(30) "commercial vehicle" means a vehicle, other than an automobile truck, that is used for an
activity that has its main purpose financial gain, and which vehicle has a specified load
capacity of over one (1) ton;
(31) "communication tower" means a structure for transmitting or receiving television, radio,
telephone, internet or other electronic communications which may be regulated by Industry
Canada;
(32) "confined feeding operation" means fenced or enclosed land or buildings where livestock are
confined for the purpose of growing, sustaining, finishing or breeding by means other than
grazing and any other building or structure directly related to that purpose but does not
include residences, livestock seasonal feeding and bedding sites, equestrian stables, auction
markets, race tracks or exhibition grounds;
(33) "corner lot" means a lot with boundary lines on two separate roads or highways, or a single
road or highway that curves at an angle of 60 degrees or more at the subject lot. For the
purposes of this definition, a road or highway shall not include a lane;
(34) "Council" means the Council of the County of St. Paul No. 19;
(35) "country residential use" means a development comprising a single detached dwelling or
manufactured home located in the Agriculture (A) District, which is situated on a parcel used
for residential uses and uses accessory to residential uses. The dwelling may be occupied
permanently or seasonally;
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(36) "day care facility" means a building that is used to provide non-overnight supervision of
person under the age of eighteen (18);
(37) "deck" means the paved, wooden or hard-surfaced area adjoining a house, more than 0.6 m
above grade, used for outdoor living;
(38) "density" means a quantitative measure of the average number of persons, families or
dwelling units per unit of area;
(39) "designated officer" means that person appointed to a position pursuant to the Act"
(40) "development" means
a. an excavation or stockpile and the creation of either of them, or
b. a building or an addition to or replacement or repair of a building and the construction or
placing of any of them in, on, over or under land, or
c. a change of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the use of the land or building, or
d. a change in the intensity of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the intensity of use of the land or
building;
(41) "Development Authority" means the development authority of the County as established by
this Bylaw;
(42) "Development Officer" means a person appointed as a Development Officer pursuant to this
Bylaw;
(43) "development permit" means a document authorizing a development issued pursuant to this
Land Use Bylaw;
(44) "discretionary use" means the use of land or a building provided for in this Land Use Bylaw
for which a development permit may be issued upon an application having been made;
(45) "domestic pet" means an animal which is normally kept inside a dwelling. Domestic pets
includes, dogs, cats, parrots, and similar-sized animals, but does not include livestock;
(46) "dugout" means a structure of earth, rock, concrete or other material designed to retain
water for household, recreation or general agricultural purposes and does not include a
lagoon for the purposes of processing wastewater;
(47) "duplex" means a dwelling containing two (2) dwelling units which share a common wall, and
which are located either side by side or one above the other, provided that in the case of a
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dwelling unit located below another, the dwelling unit below is not a basement suite as
defined in this Bylaw;
(48) "dwelling or dwelling unit" means a building or self-contained portion of a building, set or
suite of rooms which contains sleeping, washrooms, and a kitchen intended for residential
use, and is used or intended to be used permanently or semi-permanently for a household.
This includes, but is not limited to, a single family dwelling, manufactured home, cabin,
cottage, etc. This use does not include a recreational vehicle or a room in a motel or hotel;
(49) "eating and drinking establishment" means a development where food and/or beverages are
prepared and offered for sale to the public, for consumption within the premises, at an
accessory outdoor seating area on the site, or off the site;
(50) "entertainment establishment" means a development where persons may be entertained by
music, theatre, or the like. An entertainment establishment includes theatre, dancing or
cabaret entertainment, whether recorded or live. An eating and drinking establishment may
contain within it an entertainment establishment, but only if specifically provided for in an
approved development permit;
(51) "extensive agriculture" means the use of land or buildings, including the dwelling, for an
agricultural operation, but not including intensive agriculture or a confined feeding operation
which requires either a registration or an approval under Part 2 of the Agricultural Operations
Practices Act;
(52) "extensive recreation" means a recreational development where the prime reason for the
location is to take advantage of natural physical features and to provide for non-facility-
oriented recreational activities. Without restricting the generality of the foregoing, this shall
include hunting, trail riding, snowmobiling, hiking, cross-country skiing, rustic camping, and
similar uses;
(53) "farm building" means a building located on agricultural land as defined in the Agricultural
Operation Practices Act that is occupied for an agricultural operation as defined in the
Agricultural Operations Practices Act including, but not limited to: housing livestock; storing,
sorting, grading or bulk packaging of agricultural products that have not undergone secondary
processing; and housing, storing or maintaining machinery that is undertaken in the building;
(54) "farmstead" means that area of land in an agricultural operation on which is situated a
dwelling, barns, shed, livestock handling systems, grain and forage handling and storage
systems, and situated on a parcel of land used in connection with such agricultural operation.
It does not include barbwire fencing. If a farmstead is subdivided from the titled area on
which the agricultural operation occurs, the use shall be considered a country residential use;
(55) "fermentation" - The process of extracting energy from the oxidation of organic compounds;
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(56) "fire pit" means an outdoor receptacle used for fires;
(57) "firewood sales" means the outdoor use of land primarily for the receipt, storage, sorting and
preparation of logs for private sale as firewood. Firewood sales does not include equipment or
facilities to process logs into dimensional lumber or other value-added products other than
firewood and is considered to be a major home occupation in the Agriculture (A) District. This
use must be secondary to the residential use of the parcel and shall not change the residential
appearance of the land and buildings.
(58)
"flood fringe" means any land adjoining the channel of a watercourse that has been covered
by floodwater. It is the area of a floodplain outside of the floodway that is affected by flooding.
This area is generally covered by still or slowly moving waters during flooding;
(59)
"floodway" means the channel of a watercourse and the adjacent areas where the majority
of the floodwaters of a 1:100 year flood will flow and where flow velocities and depths are
potentially destructive to development;
(60)
"fourplex" means a building containing four dwelling units each with direct access to the
outside grade, but not all the units are required to have separate frontage onto a public or
private road. Units may have common side and rear walls and may also be separated by a
common ceiling/floor assembly.
(61)
"fragmented parcel" means a parcel of land that is separated from the balance of a titled
area by a natural barrier such as a waterbody or a coulee, or by a physical barrier such as a
road or highway, either of which may prohibit reasonable or normal access;
(62)
"front line" means the boundary line of a lot lying adjacent to a highway or road. In the case
of a corner lot, the shorter of the two boundary lines adjacent to the highway or road shall
be considered the front line. For the purposes of lakefront lots or parcels, the front line shall
be the boundary line closest to the lake;
(63)
"front yard" means a yard extending across the full width of a lot from the front line of the
lot to the nearest wall of the main building situated on the lot. For the purposes of lakefront
lots, the front yard of the lot shall be considered to be closest to the lake;
(64)
"garage suite" means an dwelling located above a detached garage (above grade); or a single
storey dwelling attached to the side of, or rear of, a detached garage (at grade). A garage
suite is accessory to an existing single detached dwelling. A garage suite may have separate
cooking, sleeping and bathing facilities, and has an entrance which is separate to the vehicle
entrance, either from a common indoor landing, or directly from the exterior of the
structure. It shall not exceed 70m2 (749 sq ft);
(65)
"gambling machine establishment" means a development where gambling may occur
through the use of video lottery terminals or slot machines or other similar machines and
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devices, but not an establishment where gambling through card games or roulette or games
similar to card games or roulette are played (a casino);
(66)
"gasification" - The process of converting organic or fossil fuel-based materials into nitrogen,
carbon monoxide, hydrogen, and carbon dioxide to produce Syngas;
(67)
"general retail establishment" means a development where groceries, beverages, household
goods, furniture, appliances, home improvement supplies, hardware, printed matter,
confectionary, tobacco, pharmaceutical, personal care items, automotive parts and
accessories, electronic equipment, recordings, office equipment, stationary, second hand
goods, and similar goods are bought, rented, and/or sold from within a building. Postal
services and film processing depots may also be provided. General retail establishments do
not include developments where gasoline, new or used motor vehicles, alcohol, cannabis,
heavy agricultural and/or industrial equipment are sold or rented;
(68)
"grade, building" means the ground elevation established for the purpose of regulating the
number of storeys and the height of a building. The building grade shall be the level ground
adjacent to the walls of the building if the finished grade is level. If the ground is not
entirely level the grade shall be determined by averaging the elevation of the ground for
each face of the building;
(69)
"greenhouse or plant nursery" means a building or structure used for the cultivation of
plants, shrubs and trees but does not include cannabis;
(70)
"gross floor area" of a building means the total area of all floors above grade, calculated by
reference to the perimeter of the foundation of the building.
(71)
"highway" means a highway or proposed highway that is designated or numbered and is
under the management and control of the Province of Alberta pursuant to the Public
Highways Development Act;
(72)
"home occupation, major" means any occupation, trade, profession, or craft carried on by
an occupant of a dwelling unit that as a use secondary to the residential use of the building,
and which does not change the character thereof or have any exterior evidence of such
secondary use other than a small name plate, not exceeding 1 m² (10.8 ft²) in area. Within
the Agricultural (A) District, a home occupation may include the use of any building built
specifically for use by that home occupation. A major home occupation does not include the
employment at the dwelling or accessory buildings of more than two (2) paid assistants,
other than the occupant and the occupant's family;
(73)
"home occupation, minor" means any occupation, trade, profession, or craft carried on by
an occupant of a dwelling unit that as a use secondary to the residential use of the building,
and which does not change the character thereof or have any exterior evidence of such
secondary use other than a small name plate, not exceeding 1 m² (10.8 ft²) in area. Within
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the Agricultural (A) District, a home occupation may include the use of any building built
specifically for use by that home occupation. A minor home occupation does not include the
employment at the dwelling or accessory buildings of any paid assistant, other than the
occupants of the dwelling.
(74)
"horizontal axis rotor" - A wind energy conversion system, typical of conventional or
traditional windmills;
(75)
"hotel" means a development where members of the traveling public are lodged for brief
periods of time, normally not exceeding seven (7) days, in rentable units, where access to the
rentable units is from a common entranceway.
(76)
"household" means: a person, or two (2) or more persons residing in a dwelling;
(77)
"industrial, heavy" means a large scale manufacturing or processing facility that due to its
appearance, noise, odour, risk of toxic emissions, or fire or explosion hazards are
incompatible with residential , commercial and other land uses, as they create nuisances that
extend beyond the boundaries of the site. Such uses should normally be located on the
interior of industrial or agricultural areas, such that they do not interfere with the safety, use,
amenity or enjoyment of any non-industrial uses in the vicinity.
(78)
"industrial, light" means and industrial activity that includes the following activities:
a.
the processing of raw materials;
b.
the manufacturing or assembly of good and equipment; or the
c.
storage or transhipment of materials, goods and equipment;
which will not result in the emission of odours, dust, smoke, gas, noise or vibration outside the
building in which the light industrial activity is carried on, and which is carried on entirely
indoors, except for the storage of finished goods which may be located outdoors provided it
is entirely screened from view. Notwithstanding the above, light industrial uses shall not
include the outdoor storage of used goods or materials for any purpose.
(79)
"industrial, medium" means an industrial activity that includes the following activities:
d.
the processing of raw or finished materials and includes food processing;
e.
the manufacturing or assembly or transport of materials, goods, products, or equipment
including petrochemical products and supplies;
f.
development used for industrial service support and construction; the cleaning, servicing,
repairing or testing of materials, goods and equipment normally associated with industrial or
commercial businesses or cleaning, servicing and repair operations to goods and equipment
associated with personal or household use, where such operations have impacts that would
make them incompatible in non-industrial districts;
g.
the training of personnel in general industrial operations;
h.
and it may include any indoor display, technical, or administrative support areas or any sales
operation accessory to the general industrial uses.
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A medium industrial use shall not adversely affect surrounding non-industrial uses through the
generation of emissions, noise, odours, vibrations, heat, bright light, or dust.
(80)
"institutional and public use" means a building, structure or parcel used for services that are
provided by a public/private institution or a municipal, provincial or federal corporation
which provides services for the public or its members (i.e. churches, schools, cemeteries,
etc.);
(81)
"intensive agriculture" means a commercial agricultural operation which raises crops on a
land-intensive basis. Without restricting the generality of the foregoing, this shall include a
greenhouse or plant nursery, but not confined feeding operations;
(82)
"intensive recreation" means high density recreational activities. Without restricting the
generality of the foregoing, this may include campgrounds, picnic grounds, marinas, lodges,
swimming beaches, boat launches, athletic facilities, riding stables, rodeo grounds, golf
courses, and hotels and eating and drinking establishments associated with one or more of
the aforementioned uses;
(83)
"kennel" means a development in which domestic pets are maintained, boarded, trained,
cared for, bred, or raised for remuneration or for sale;
(84)
"lake" means a body of water identified on the Land Use District Map;
(85)
"landfill - class II" means a landfill for the disposal of waste, not including hazardous waste
or as defined in the Waste Control Regulation;
(86)
"landfill - class III" means a landfill for the disposal of waste: that is solid; that, on disposal in
a landfill, is not reasonably expected to undergo physical, chemical or biological changes to
such an extent as to produce substances that may cause an adverse effect; and includes but
is not limited to demolition debris, concrete, asphalt, glass, ceramic materials, scrap metal
and dry timber or wood that has not been chemically treated, but does not include
hazardous waste or as defined in the Waste Control Regulation;
(87)
"liquor store" means development used for the retail sale of alcoholic beverages to the
public for consumption off premises;
(88)
"livestock" means livestock (excepting wild boars) as defined in the Agricultural Operation
Practices Act;
(89)
"lot" shall be as defined as per the Act;
(90)
"manufactured home (with)" means a prefabricated dwelling unit, whether ordinarily
equipped with wheels or not, that has been constructed in conformance to the Alberta
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Safety Codes Act and is manufactured to meet or exceed the Canadian Standards Association
(CSA) standard CSA Z240 and can be moved in one or more parts from one point to another
by being towed or carried and when placed and anchored on a foundation and connected to
utilities, is ready for human occupancy. This definition includes a mobile home and a modular
home. Park models and recreational vehicles shall not be considered manufactured homes;
(91)
"manufactured home (without)" means a prefabricated dwelling unit, whether ordinarily
equipped with wheels or not, that has NOT been constructed in conformance to the Alberta
Safety Codes Act and is NOT manufactured to meet or exceed the Canadian Standards
Association (CSA) standard CSA Z240 and can be moved in one or more parts from one point
to another by being towed or carried and when placed and anchored on a foundation and
connected to utilities, is ready for human occupancy. This definition includes a mobile home
and a modular home. Park models and recreational vehicles shall not be considered
manufactured homes;
(92)
"manufactured home park" means a parcel of land under single ownership for which a
development permit is required which has been planned and divided into rentable spaces or
lots for the long term accommodation of manufactured homes;
(93)
"manure storage facility" means a manure storage facility ad defined in the Agricultural
Operation Practices Act;
(94)
"marshalling and lay down yard" shall mean large tracts of lands adjacent to highways or
rail that are used for the storage of equipment or products;
(95)
"may" is an operative word meaning a choice is available , with no particular direction or
guidance intended;
(96)
"micro-hydro" - A hydroelectric power facility, producing up to 100kW of electricity, using the
natural flow of water;
(97)
"mini storage" means a development that provides cubicles to rent for the storage of goods;
(98)
"motel" means a development where members of the traveling public are lodged for brief
periods of time, in rentable units, where access to the rentable units is directly from
outdoors;
(99)
"motor vehicle" means as defined in the Traffic Safety Act;
(100) "multi-lot residential subdivision" means more than four (4) lots within a quarter section;
(101) "municipality" means the County of St. Paul No. 19;
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(102) "nacelle" - The part of the WECS that includes a generator, gearbox or yaw motors and other
operating parts that is installed at the top of the tower, and to which blades are attached, and
is responsible for converting wind into energy;
(103) "natural resource extraction and processing" means oil and gas facilities, sand and gravel
operations, salt mining operations and logging operations;
(104) "non-conforming building" is as defined in the Act means a building
i.
that is lawfully constructed or lawfully under construction at the date a land use bylaw
affecting the building or the land on which the building is situated becomes effective, and
j.
that on the date the land use bylaw becomes effective does not, or when constructed will
not, comply with the land use bylaw;
(105) "non-conforming use" is as defined in the Act and means a lawful specific use
k.
being made of land or a building or intended to be made of a building lawfully under
construction, at the date a land use bylaw affecting the land or building becomes effective,
and
l.
that on the date the land use bylaw becomes effective does not, or in the case of a building
under construction will not, comply with the land use Bylaw;
(106) "off-site levy" means an off-site levy established by the municipality's Off-Site Levy Bylaw
passed pursuant to the Act;
(107) "offices" means a development where government, professional, management,
administrative, consulting, and/or financial services may be provided;
(108) "open space" means land and water areas which are free of structures and buildings and
often serve one or more of the following uses: conservation of resources; ecological
protection; recreation purposes; historic or scenic purposes; enhancement of community
values and safety; maintenance of future land use options;
(109) "over speed control" - A device that prevents excessive rotor speed;
(110) "owner" is as defined in the Act;
(111) "park model" means a recreational vehicle conforming to CAN-CSA Series Z241.
(112) "parcel of land" means the aggregate of one or more areas of land described in a certificate
of title or described in a certificate of title by reference to a plan filed or registered in a land
titles office;
(113) "patio" means a hard surfaced private recreation or amenity space that is accessory to a
dwelling;
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(114) "permitted use" means the use of land or a building provided for in a land use Bylaw for
which a development permit shall be issued upon application having been made, provided
that all of the regulations of this Bylaw, and all of the matters left to the discretion or the
satisfaction of the Development Authority, have been satisfied to the satisfaction of the
Development Authority;
(115) "personal service shop" means a development where personal services related to the care
and appearance of the body, or the cleaning and repair of personal effects are provided to
persons;
(116) "public utility" means a public utility, as defined in the Act;
(117) "public utility buildings and installations" means a building in which the proprietor of the
public utility maintains its office or offices and/or maintains or houses any equipment used in
conjunction with the public utility;
(118) "rear line" means the boundary line of a lot lying opposite to the front line of the lot;
(119) "rear yard" means a yard extending across the full width of a lot from the nearest wall of the
main building situated on the lot, to the rear line of the lot;
(120) "recreational vehicle park" means a parcel of land on which are located or are intended to
be located three or more recreational vehicles. A recreational vehicle park may include a
campground;
(121) "recreation vehicle" means a vehicular type unit primarily designed as temporary living
quarters for recreational camping or travel use, which either has its own means of
transportation or is mounted or drawn by another vehicle. The base entities are travel trailer,
camping trailer, truck camper, fifth wheel, park model and motor home.
(122) "repair service establishment" means a development used primarily for the repair,
refinishing or reconditioning of consumer goods and may include an ancillary or subordinate
retail use;
(123) "residential care facility" means a residential use with on site or off site supports to ensure
the residents' daily needs are met.
(124) "resort commercial" means a commercial development where the primary reason for
locating is to take advantage of a lake for recreational amenities;
(125) "retail store" means commercial premises in which the retail sale of consumer goods takes
place but does not include a cannabis retail establishment or a liquor store;
(126) "rotor's arc or rotor diameter" - the largest circumferential path travelled by a WECS's blade;
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(127) "row house" means a building on a lot or lots that consist of at least three dwelling units
with each unit having direct access to the outside grade, but shall not mean "apartment" or
"four-plex";
(128) "rural industrial park" is a development consisting of two or more lots designed and
approved for industrial uses for which communal water and/or sewer service is not required;
(129) "security" means those funds which are required by the Development Authority to serve as a
deposit as a condition of completed subdivision or development approval conditions;
(130) "setback" means the separation distance that a building or development must be from the
boundary line of a lot;
(131) "shall" is an operative word which means the action is obligatory;
(132) "shipping container / sea-can" means a standardized reusable steel container used for the
safe, efficient, and secure storage and movement of materials and products. For the
purposes of this Bylaw a sea-can is considered an accessory building;
(133) "shoreline" means the line of the bed and shore of the body of water;
(134) "should" is an operative word which means that, in order to achieve local goals and
objectives it is strongly advised that the action be taken. Exceptions shall be made only under
extenuating circumstances;
(135) "side line" means the boundary line of a lot lying between a front line and a rear line of a lot.
In the case of a corner lot, the longer of the two boundary lines adjacent to the highway or
road shall be considered a side line;
(136) "side yard" means a yard extending from the front yard of a lot to the rear yard of the lot
and lying between the side line of the lot and the nearest wall of the main building;
(137) "sign" means any structure, device, light or fixture, or any part thereof, used to identify,
advertise, or attract attention to any person, object, product, event, place, organization,
institution, development, business, group, profession, enterprise or industry and is intended
to be seen from on or off the site;
(138) "single detached dwelling" means a dwelling consisting of one (1) dwelling unit. A single
detached dwelling is a dwelling which is normally constructed on-site. However, a single
detached dwelling may be constructed in pieces off-site, or even in one piece, with the
piece(s) being transported to the site for assembly on-site. A single detached dwelling shall
include a dwelling that would be considered to be a manufactured home;
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(139) "site" means an area of land on which a development exists or occurs or for which an
application for development is made;
(140) "social care facility" means a dwelling wherein the occupants are provided with specialized
care such as supervision, medical, counselling or psychiatric services;
(141) "solar collector" means a device used to collect sunlight that is part of a system that converts
radiant energy from the sun into thermal or electrical energy for on-site use.
(142) "solar energy conversion system" - A system using solar panels to collect and convert solar
energy into electricity;
(143) "solar energy conversion system, Individual" - a small scale SECS designed to collect and
convert solar energy into electricity for a property owner's use on the site the SECS is located;
(144) "stall" means an area of land upon which a manufactured home is to be located within a
manufactured home park or upon which a recreational vehicle is to be located within a
recreational vehicle park;
(145) "storage tank" means a vessel for flammable liquids or combustible liquids as defined by the
Alberta Fire Code having a capacity of more than 230 litres and designed to be installed in a
fixed location.
(146) "subdivision authority" means a subdivision authority established and appointed pursuant
to County Bylaw and the Act;
(147) "subdivision and development appeal board" means a subdivision and development appeal
board established and appointed pursuant to County Bylaw and the Act;
(148) "substandard lot" means a parcel of land which does not meet the provisions of this Bylaw
pertaining to parcel size;
(149) "surveillance suite " means a single detached dwelling or a manufactured home which is
located on the same lot as a commercial or industrial use and is clearly accessory to that
commercial or industrial use, as it is the dwelling of the
owner/operator/caretaker/supervisor of the commercial or industrial establishment;
(150) "total height" - The height from grade (ground level) to the highest vertical extension of a
WECS. In the case of a WECS with a horizontal axis rotor, total height includes the distance
from grade to the top of the tower, plus the distance from the top of the tower to the highest
point of the rotor's arc;
(151) "tower" - the guyed or freestanding structure which supports the rotor above grade;
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(152) "transfer station" means a municipal development where garbage, refuse, and domestic or
industrial waste, whether dry or wet, however exclusive of liquid industrial waste, is
deposited by individuals and temporarily stored pending transfer to either dry or wet waste
disposal sites. For the purposes of this Bylaw, all classes of transfer station as identified by
Alberta Environment and Provincial regulations respecting transfer stations and class III
landfills shall be included within this definition.;
(153) "truck and equipment storage and repair shops" means the use of a building or a portion of
a building or parcel, for the servicing, repair and storage of motor vehicles and off highway
vehicles as defined in the Traffic Safety Act;
(154) "trucking establishment" means a facility for the purpose of storing and dispatching trucks
and tractor trailers for transporting goods;
(155) "utilities - linear" means a use where lines for water distribution, irrigation and drainage,
waste water collection, water heating and cooling for the purpose of energy, gas, electricity,
cable, telephone and telecommunications are provided; that is not located in a building; and
that may be located above, below or at grade;
(156) "vertical axis rotor" - A WECS where the rotor is mounted on an axis perpendicular to the
earth's surface;
(157) "veterinary clinic" means a development where domestic pets and/or livestock are cared for
and medically treated. Veterinary clinics primarily involve out-patient care and minor medical
procedures involving hospitalisation for fewer than four (4) days. All animals shall be kept
within an enclosed building. Veterinary clinics do not include kennels, except that veterinary
clinics may include a facility for the boarding of animals; however, that facility will be clearly
accessory to the care function;
(158) "waste to energy" - A use that creates electricity and / or heat from the incineration of waste
materials;
(159) "watercourse" means a river, stream or creek identified on the Land Use District Map;
(160) "wind energy conversion system (WECS)" - A machine designed to convert wind energy into
mechanical or electrical energy. If the mechanical energy is used directly by machinery (pump
or grinding stones) the machine is known as a Windmill. If the mechanical energy is converted
to electricity, the machine is called a WECS;
(161) "wind energy conversion system, Individual" - A small scale WECS designed to generate
mechanical or electrical energy for a property owner's use on the site the WECS is located or
adjacent to the site of use;
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(162) "wind energy conversion systems" is a structure designed to convert wind energy into
mechanical or electrical energy;
(163) "work camp" means an accessory use to industrial or resource development, that includes
at least one of the following:
a.
Fourteen days in duration;
b.
Minimum of five workers;
c.
Minimum of three and a maximum of 50 recreation vehicles;
d.
Minimum of one prefabricated accommodation unit; and
e.
Minimum of one prefabricated eating/washroom/shower unit.
(164) "yard" means a part of a lot upon or over which no main building is erected;
(165) "yard site" means an area of land where a residential development exists or once existed
and improvements are still evident.
and all other words and expressions have the meanings respectively assigned to them in the Act.
1.4
METRIC AND IMPERIAL MEASUREMENTS
Within this Bylaw, both Metric and Imperial measures are normally provided, the Imperial measures
within brackets. However, the Imperial measures are approximations, and are provided only for
information, and in order to provide some comparison for persons who are unfamiliar with Metric
measures.
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PART 2 - GENERAL ADMINISTRATIVE PROCEDURES
2.1
DEVELOPMENT APPROVAL AUTHORITIES
(1)
The Development Authority for the County of St. Paul No. 19 is hereby established in
accordance with Development Authority Bylaw No. 1553.
(2)
The Development Authority shall be: the Development Officer, and only within the Linear
Parcel Direct Control (LPDC) District and Direct Control (DC) District, the Council; with their
duties and responsibilities as described elsewhere in this Bylaw.
(3)
If the Development Officer is to be making the decision on a development permit application,
the term "Development Authority", when used in this Bylaw, shall be the Development
Officer.
(4)
If the Council is to be making the decision on a development permit application, the term
"Development Authority", when used in this Bylaw, shall be the Council.
(5)
The position of designated officer for the limited purpose of exercising the powers, duties and
functions of a Development Officer for the County is hereby established.
(6)
The Development Officer shall be appointed by resolution of the Council.
(7) The Development Officer:
a. shall keep and maintain for the inspection of the public during office hours a copy of this
Bylaw and all amendments thereto and ensure that copies of same are available to the
public at a reasonable charge;
b. shall make available for inspection by the public during office hours a register of all
applications for development permits and the decisions made thereon;
c. shall collect fees according to the governing Land Use Bylaw Fee Schedule as amended
from time to time by resolution of County Council (https://www.county.stpaul.ab.ca/wp-
content/uploads/2021/01/Development-Permit-Fees-2021.pdf);
d. shall be the designated officer for the purposes of Section 542 of the Act; and
e. may sign, on behalf of the Development Authority, any order, decision, approval, notice or
other thing made or given by it.
(8)
The Subdivision and Development Appeal Board as established by County Bylaw shall be
authorized to decide upon all development permit applications as provided for by this Bylaw
and the Act.
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2.2
CONTROL OF DEVELOPMENT
(1)
No development other than that designated in Section 2.3 shall be undertaken within the
County unless an application for it has been approved and a development permit has been
issued.
2.3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
The following development shall not require a development permit provided that they comply with
the requirements of this Bylaw:
(1)
The carrying out of works of maintenance or repair to any building, provided that such works
do not include structural alterations or major works of renovation that would require a
building permit under the Alberta Safety Codes Act.
(2)
Activities as exempted by Section 618 of the Act.
(3)
The completion of a building or other development which is lawfully under construction at
the date this Bylaw comes into full force and effect, provided that the building or
development is completed in accordance with the terms of an approved development permit
(4)
The use of land for an agricultural operation, or the construction of a farm building on land
situated in the Agricultural Land Use District,. Notwithstanding this section, all dwellings are
subject to obtaining a development permit.
(5)
The erection, construction, or maintenance, improvement or alteration of gates, fences or
walls or other means of enclosure (other than on corner lots or where abutting on a road
used by vehicular traffic) less than 1 m (3.3 ft) in height in front yards and less than 2 m (6.6
ft) in side and rear yards, and the maintenance, improvement and other alterations of any
gates, fences or walls or other means of enclosure. ;
(6)
Fences, except where Sections 7.3 (Barbed Wire Fencing) and 8.11 (Recreation Vehicle (RV)
District) apply.
(7)
A temporary building, the sole purpose of which is incidental to the erection or alteration of a
building, for which a permit has been issued under this Bylaw.
(8)
The maintenance and repair of roads, water, sanitary, stormwater or environmental
infrastructure carried out by or on behalf of federal, provincial and municipal public
authorities on land which is publicly owned or controlled.
(9)
Development within a basement which does not change or add to the uses within a dwelling.
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(10) All accessory buildings which are less than 13.9 m² (150 ft²) in area.
(11) The demolition or removal of any building or structure for which erection a development
permit would not be required pursuant to subsections (4) through (11) above, both inclusive.
(12) Storage tanks for flammable/combustible liquids.
(13) Dugouts.
(14) Fire pits.
(15) Patios or sidewalks located on private property.
(16) Unenclosed decks or decks enclosed by a rail or parapet wall, with a floor less than 0.6 m
above grade.
(17) A change in the business or the occupancy of a building or a portion of a building by a
Permitted Use which, in the opinion of the Development Officer, does not constitute a change
in the type of use, or does not result in an increase to on-site parking requirements.
(18) Satellite dish antennas.
(19) Roof mounted solar panels.
(20) A single sea-can located on a lot in the Agriculture (A) and Industrial/Commercial (IC) Districts.
2.4
NON-CONFORMING BUILDINGS AND USES
(1)
Non-conforming buildings and non-conforming uses shall be treated in accordance with
Section 643 of the Act, and any amendments thereto.
PART 3 - DEVELOPMENT APPLICATION PROCESS
3.1
APPLICATION FOR DEVELOPMENT
(1)
An application (https://www.county.stpaul.ab.ca/wp-
content/uploads/2021/01/Development-Permit-Application-2021.pdf ) for a development
permit shall be completed and submitted to the Development Officer in writing, in the form
required by the Development Officer, and shall be accompanied by:
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a. a surveyed site plan for all permanent structures showing the legal description; the front,
rear and side yards, if any; any provision for off-street loading and vehicle parking; and
access and egress points to the site; except for farm buildings in the Agricultural (A)
District;
b. the presence of abandoned oil and gas wells in accordance with the Subdivision and
Development Regulation;
c. the location and dimensions of all existing and proposed buildings, structures, or uses on
the property;
d. statement of existing and proposed services (i.e. on-site or municipal);
e. identification of existing and proposed road infrastructure that will provide access to the
development;
f. a statement of the current and proposed use on the lands; and
g. the authorization of the registered landowner.
(2)
The Development Authority may also require additional information in order to assess the
conformity of a proposed development with this Bylaw before consideration of the
development permit application shall commence. Such information may include real property
report or boundary survey, floor plans, elevations and sections of any proposed buildings;
drainage, grading and landscaping plans; and, in the case of the placement of an already
constructed or partially constructed building on a parcel of land, information relating to the
age and condition of the building and its compatibility with the District in which it is to be
located. In addition, such additional information may include assessment by a registered
professional engineer of any potential flooding or subsidence hazard that may, in the sole
opinion of the Development Authority, affect the subject site.
(3)
Each application for a development permit shall be accompanied by a fee as established by
Council.
(4)
All applications for development permits on sites within an area covered by an inter-
municipal development plan shall be referred to the other municipality for comments and
recommendation.
(5)
The Development Authority may make a decision on an application for a development permit
notwithstanding that any information required or requested has not been submitted.
(6)
In the case where an application for a development permit has been refused pursuant to this
Bylaw or ultimately after appeal to the Subdivision and Development Appeal Board, the
submission of another application for a permit on the same property and for the same or
similar use of the land by the same or any other applicant need not be accepted by the
Development Officer for at least six (6) months after the date of the previous refusal.
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3.2
APPLICATION FOR SUBDIVISION
(1)
A subdivision application (https://www.county.stpaul.ab.ca/wp-
content/uploads/2020/09/MPS_All_Subdivision_Forms_1to5.pdf ) shall be made to the
Subdivision Authority in writing on the prescribed form and shall be signed by the registered
owner or an authorized agent.
(2)
The Subdivision Authority shall require the following information in order to be considered a
complete subdivision application:
(a) The application form;
(b) A right of entry form signed by the registered owner;
(c) A tentative plan;
(d) A copy of the certificate of title dated within three (3) months of the application;
(e) A map illustrating the land uses on all adjacent lands;
(f) Information respecting existing and proposed sources of water;
(g) Information respecting existing and proposed methods of sewage disposal, including
setback distances; and
(h) The prescribed non-refundable application fee, the amount of which shall be established
by resolution of Council from time to time.
(3)
In addition to the requirements of Section 3.2(2), other information may be required by the
Subdivision Authority to review a subdivision application, including: soil testing, geotechnical
reports, site topography and drainage patterns.
3.3
DETERMINATION & NOTIFICATION OF COMPLETE APPLICATIONS
(1)
Within twenty (20) days of receipt of a subdivision or development permit application
pursuant to Section 3.1(1) or Section 3.2(2), the Development Officer or Subdivision Authority
shall determine whether an application is complete, unless an agreement is reached between
the Development Officer or Subdivision Authority and the applicant to extend the twenty (20)
day period. If the Development Officer or Subdivision Authority fails to determine that the
application is complete within the prescribed time period, the application shall be deemed to
be complete.
(2)
When, in the opinion of the Development Officer or Subdivision Authority an application is
deemed to be incomplete, the applicant shall be advised in writing that the application is
incomplete, and that the application will not be processed until all of the required
information is provided. The written notice shall include a description of the information
required for the application to be considered complete and the deadline by which the
required information is to be submitted. The failure to submit the required information in
accordance with the notice shall result in the application being deemed refused and may be
appealed in accordance with Part 4.
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(3)
Once an application is deemed to be complete in accordance with subsection (1), the
applicant shall be notified in writing that the application is complete, and the Development
Officer shall process the application.
(4)
The requirements of this Section do not apply to the optional information identified in
Section 3.1(2) and Section 3.2(3), but if required shall be provided by the applicant to the
Subdivision Authority prior to a decision being made.
3.4
DECISION PROCESS
(1)
The Development Officer:
a. shall refer with their recommendations to the Council for its consideration and decision
regarding any development permit application within the Linear Parcel Direct Control
(LPDC) District and Direct Control (DC) District; and
b. shall consider and decide upon all other development permit applications.
(2)
In making a decision, the Development Authority may approve the application
unconditionally, approve the application subject to those conditions considered appropriate,
approve the application permanently or for a limited period of time, or refuse the application.
(3)
The Development Authority may require that as a condition of issuing a development permit,
the applicant enter into an agreement to construct or pay for the construction of roads,
pedestrian walkways or parking areas which serve the development or which connect the
walkway with another walkway system that serves or is proposed to serve an adjacent
development, to install or pay for the installation of public utilities other than
telecommunications systems or works, to pay an off-site levy, and/or to give security to
ensure that the terms of the agreement noted herein are carried out.
(4)
In approving an application for a development permit, the Development Authority may
impose the condition that the approved development be allowed to operate for a limited
period of time, which shall be specified on the permit, and that upon the expiry of such time
the use allowed shall be discontinued and any buildings that were erected as a result of the
development permit shall be removed, and the site restored to its original condition prior to
the issuance of the development permit.
(5)
In the case where a proposed specific use of land or a building is not provided for in any
District in the Bylaw, the Development Authority may determine that such use is similar in
character and purpose to a permitted or discretionary use prescribed for a particular District.
(6)
The Development Authority may approve an application for a development permit even
though the proposed development does not comply with the regulations of this Bylaw, or if
the development is to be a rebuilding, an enlargement, an addition, or a structural alteration
of a non-conforming building, if, in the opinion of the Development Authority:
a. the proposed development would not: unduly interfere with the amenities of the
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neighbourhood, or materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land, and
b. the proposed development conforms with the use prescribed for that land or building in
this Bylaw.
(7)
An application for a development permit shall, at the option of the applicant, be deemed to
be refused when a decision thereon is not made by the Development Authority within forty
(40) days after receipt of the application by the Development Authority. The person claiming
to be affected may appeal in writing as provided for in this Bylaw as though he has received a
refusal at the end of the forty (40) day period specified in this subsection.
(8)
Development permits are in effect for twelve (12) months from the date of its issue and must
be completed within twenty-four (24) months from date of issue, unless an extension to this
period is granted by the Development Authority.
(9)
A Development Authority may suspend or revoke a development permit:
a. at any time, where the permit was issued on the basis of incorrect information, fraud, non-
disclosure, or misrepresentation on the part of the applicant; or
b. within fourteen (14) days of issue of the permit, where the permit was issued in error.
3.5
SUITABILITY FOR DEVELOPMENT
(1)
The Development Authority shall not approve an application for a development permit
unless, in its opinion, the land that is the subject of the application for a development permit
is suited for the proposed development having regard to:
a. topography;
b. soil characteristics;
c. the collection and disposal of storm water from the land;
d. potential for flooding, subsidence, or erosion;
e. accessibility to a constructed road or highway;
f. availability and adequacy of a potable water supply to or from the land;
g. adequacy of a sewage disposal system and the disposal of solid waste;
h. depth of water table below the surface level of the land; and
i. such other matters of concern to the Development Authority.
(2)
Notwithstanding that a proposed development conforms in all respects with this Land Use
Bylaw, where the application is for development on lands that are or may be subject to
flooding or subsidence, the Development Authority shall not issue a development permit
unless the applicant can demonstrate that preventive engineering and construction measures
can be instituted to make the site suitable for the proposed development.
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3.6
DEVELOPMENT PERMITS AND NOTICES
(1)
A permit granted pursuant to this Bylaw for a permitted use where the use or construction
conforms to all of the regulations of this Bylaw and where the regulations are not to be
determined at the discretion of the Development Authority shall come into effect on the date
it is issued.
(2)
All decisions of the Development Authority shall be given in writing and a copy of it sent to
the applicant either by letter mail or email.
(3)
When the Development Authority refuses an application for a development permit, the
decision shall contain reasons for the refusal.
(4)
All permits granted pursuant to this Bylaw that are for a discretionary use, or for a permitted
use where the use or construction does not conform to all of the regulations of this Bylaw or
where the regulations are to be determined at the discretion of the Development Authority
does not come into effect until twenty-one (21) days after the date a decision or
development permit is publicized as described in Subsection (4). Any development proceeded
with by the applicant prior to the expiry of this period is done solely at the risk of the
applicant.
(5)
Where an appeal is made pursuant to Section 4.1 of this Bylaw, a development permit which
has been granted shall not come into effect until the appeal has been determined and the
permit modified or nullified thereby.
(6)
When approval of a permit described in subsection (1) has been given, notification as
described in subsection (7) may be done, at the sole discretion of the Development Authority.
(7)
When approval of a permit described in subsection (4) has been given, the Development
Authority shall:
a. immediately post a notice of the decision conspicuously on the property for which the
application has been made; or
b. immediately provide a notice in writing by letter mail or email to all owners of adjacent
land and other owners of land who in the opinion of the Development Officer may be
affected; or
c. immediately publish a notice in a newspaper circulating in the municipality stating the
location of the property for which the application has been made and the use approved.
(8)
Notwithstanding any other provision in this section, all decisions of approval shall be posted
on the County's website.
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PART 4 - DEVELOPMENT APPEAL PROCESS
4.1
APPEAL PROCEDURE
(1)
The Subdivision and Development Appeal Board shall hear and make a decision on an appeal
where a Development Authority:
a. refuses or fails to issue a development permit to a person within forty (40) days of receipt
of the application, or
b. issues a development permit subject to conditions, or
c. issues an order under PART 6 of this Bylaw,
and the person applying for the permit or affected by the order, or any other person affected
by an order, decision or development permit of a Development Authority appeals to the
Subdivision and Development Appeal Board.
(2)
Notwithstanding subsection (1) above, no appeal lies in respect of the issuance of a
development permit for a permitted use unless the provisions of this Bylaw were relaxed,
varied or misinterpreted.
(3)
Notwithstanding subsection (1) above, no appeal lies in respect of the issuance of a
development permit within the Linear Parcel Direct Control (LPDC) District or Direct Control
(DC) District that was made by the Council.
(4)
An appeal shall be made by serving a written notice of appeal, containing reasons, and
submitting the applicable fee to the Secretary of the Subdivision and Development appeal
Board within twenty-one (21) days after:
a. the date the order, decision or permit issued by the Development Authority was publicized
in accordance with this Bylaw; or
b. the forty (40) day period referred to in Section 3.2(7) of this Bylaw has expired.
(5)
Where a notice of appeal against the issuance of a development permit or a condition
attached thereto is filed with the Secretary of the Subdivision and Development Appeal
Board, the development permit shall be suspended and ceases to be in force or effect
pending the outcome of the appeal.
4.2
APPEAL HEARING
(1)
Within thirty (30) days of receipt of a notice of appeal, the Subdivision and Development
Appeal Board shall hold an appeal hearing respecting the appeal.
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(2)
The Subdivision and Development Appeal Board shall give at least five (5) days notice in
writing of the appeal hearing to:
a. the appellant;
b. the Development Authority from whose order, decision or development permit the appeal
is made;
c. those adjacent land owners who were notified under this Bylaw and any other person
who, in the opinion of the Subdivision and Development Appeal Board, are affected by the
order, decision or permit; and
d. such other persons as the Subdivision and Development Appeal Board specifies.
(3)
The Subdivision and Development Appeal Board shall make available for public inspection
before the commencement of the appeal hearing all relevant documents and materials
respecting the appeal including:
a. the application for the development permit, its refusal and the appeal therefrom; or
b. the order of the Development Authority,
as the case may be.
(4)
At the appeal hearing referred to in subsection (1), the Subdivision and Development Appeal
Board shall hear:
a. the appellant or any other person acting on their behalf;
b. the Development Authority from whose order, decision or development permit the appeal
is made, or if a person is designated to act on behalf of the Development Authority, that
person;
c. any other person who was served with notice of the hearing and who wishes to be heard
or a person acting on their behalf; and
d. any other person who claims to be affected by the order, decision or permit and that the
Subdivision and Development Appeal Board agrees to hear or a person acting on his
behalf.
4.3
APPEAL DECISION
(1)
The Subdivision and Development Appeal Board shall give its decision in writing together with
reasons for the decision within fifteen (15) days of the conclusion of the appeal hearing.
(2)
If the decision of the Development Authority to approve a development permit application is
reversed by the Subdivision and Development Appeal Board, the development permit shall be
null and void.
(3)
If the decision of the Development Authority to refuse a development permit application is
reversed by the Subdivision and Development Appeal Board, the Development Officer shall
forthwith issue the development permit in accordance with the decision of the Subdivision
and Development Appeal Board.
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(4)
If the decision of the Development Authority to approve a development permit is varied by
the Development Appeal Board, the Development Officer shall forthwith issue the
development permit in accordance with the decision of the Subdivision and Development
Appeal Board.
(5)
A decision made under this part of the Bylaw is final and binding on all parties and all persons
subject only to an appeal upon a question of jurisdiction or law pursuant to the Act. An
application for leave to the Court of Appeal shall be made:
a. to a judge of the Court of Appeal; and
b. within thirty (30) days after the issuance of the order, decision, permit or approval sought
to be appealed.
PART 5 - BYLAW AMENDMENT PROCESS
5.1
APPLICATION FOR AMENDMENT
(1)
A person may apply to have this Bylaw amended by applying in writing, furnishing reasons in
support of the application and paying the fee therefore required.
(2)
Council may at any time initiate an amendment to this Bylaw by directing the Development
Officer to initiate an amendment.
(3)
All applications for amendment to the Land Use Bylaw shall be made to the Council and shall
be accompanied by the following, namely:
a. an application fee according to the governing fee schedule as amended from time to time
by resolution of Council shall be submitted for each application, but if the proposed
amendment is adopted by Council, Council may determine that the whole or part of the
application fee may be returned to the applicant;
b. a title search for the land affected or other documents satisfactory to the Development
Officer indicating the applicant's interest in the said land;
c. drawings drawn to the satisfaction of the Development Officer, which shall be fully
dimensioned, accurately figured, explicit and complete; and
d. any other information deemed necessary by the Development Officer.
(4)
Notwithstanding Subsection (3)(a) above, Council may waive payment of an application fee or
any part thereof.
(5)
During deliberation on the Bylaw amendment application, Council may refer the application
to such agencies as it considers necessary for comment.
(6)
Council may request such information as it deems necessary to reach a decision on the
proposed amendment.
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(7)
When an application for amendment has been defeated by Council, re-application shall not
occur for that parcel of land for at least 6 months. Council may waive this waiting period by
resolution.
5.2
PUBLIC HEARING PROCESS
(1)
At the discretion of Council, first reading of a proposed amendment may be considered after
the Public Hearing process, and Council may require that the applicant pay a fee for
advertising according to the governing fee schedule as amended from time to time by
resolution of County Council.
(2)
All amendments to this Bylaw shall be made by Council, by Bylaw, and in conformity with the
requirements of the Act with regard to the holding of a Public Hearing.
PART 6 - ENFORCEMENT AND ADMINISTRATION
6.1 CONTRAVENTION
(1)
Pursuant to Sections 545 and 645 of the Act, the Designated Officer or their appointee may
enforce the provisions of the Act, the conditions of a development permit, subdivision
approval and this Bylaw. Enforcement may be by written notice of contravention, written
stop order notice, or any other authorized action to ensure compliance.
6.2
PROHIBITIONS
(1)
No person shall contravene or permit a contravention of this Bylaw. No person shall
commence or undertake a development or use that is not in compliance with this Bylaw.
(2)
No person shall contravene a condition of a permit issued under this Bylaw.
(3)
No person shall authorize or do any development that is at variance with the description
specifications or plans that formed the basis for the issuance of a development permit or
subdivision.
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PART 7 - LAND USE PROVISIONS
The following provisions are applicable to the development of land situated in any Land Use District.
7.1
ABOVE-GROUND STORAGE TANKS FOR COMBUSTIBLE/FLAMMABLE
LIQUIDS
(1)
The Development Authority may require that a storage tank over 230 litres in size be placed
above ground in the Country Residential and General Urban Districts if the proposed tank is
to be located close to residential uses.
7.2
ACCESSORY BUILDINGS
(1)
One (1) accessory building not exceeding 13.9 m2 (150 ft2) may be constructed in the General
Urban (U) District without a principal dwelling being present on the lot.
(2)
A maximum of four (4) accessory buildings may be constructed in the Country Residential One
(CR1) District without a principal dwelling being present on the lot.
(3)
An accessory building shall not be used as a dwelling unless it is an approved garage suite or a
surveillance suite.
(4)
The exterior finish of the accessory building must complement that of a principal building
except a farm building in the Agricultural (A) District.
(5)
All accessory buildings shall be set back a minimum of 1.5 m (5 ft) from the side and rear
property lines.
(6)
All accessory buildings shall be set back a minimum of 1.5m (5 ft) from the property line of an
internal road.
(7)
No accessory buildings to be located in the front yards of lakefront lots.
(8)
An accessory building shall not be located closer than 2.1 m (7 ft) to a main building.
(9)
The siting of an accessory building on an irregular shaped parcel shall be as approved by the
Development Authority.
(10) The height of an accessory building (including garage suites above grade) may not exceed:
a. Lots less than 1.61 Ha (4.0 acres) - 4.5m (14.75 ft);
b. Lots greater than 1.61 Ha (4.0 acres) - 6.1m (20.0 ft); and
c. Light Industrial Residential (IR) and Industrial Commercial (IC) Districts - 7.6m (25.0 ft).
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(11) Where a structure is attached to the main building on a site by a roof, an open or enclosed
structure, a floor or a foundation, it is to be considered a part of the main building and is not
an accessory building.
(12) The total area of a parcel occupied by accessory buildings within the U, CR1 and CR2 Districts
shall not exceed 12% of the parcel area.
(13) Temporary accessory buildings may be exempted from regulations specified in this Land Use
Bylaw at the sole discretion of the Development Authority.
7.3
BARBED WIRE FENCING
(1)
Except in the Agriculture and Industrial/Commercial Districts, barbed wire fences shall not be
permitted, except at the sole discretion of the Development Authority.
7.4
BASEMENT SUITES
(1)
Basement Suites:
a. Basement suites shall be restricted to single detached dwellings.
b. A maximum of two (2) bedrooms may be permitted per basement suite.
c. A basement suite shall comply with the Safety Codes Act (Chapter S-1, R.S.A. 2000) and
regulations and amendments thereto, or its successor.
d. One on-site parking stall shall be provided for each bedroom to a maximum of two stalls.
e. A separate entrance door to a basement suite shall not be located on any front building
elevation facing a street. Notwithstanding this, a single-entry door providing access to an
enclosed, shared land landing area from which both the main dwelling unit and the
basement suite take access, may be located on any front building elevation facing a street.
f. The maximum number of vehicles for basement suite occupants cannot exceed onsite
parking stalls provided for the suite.
7.5
BED AND BREAKFAST ESTABLISHMENTS
(1)
A bed and breakfast establishment shall comply with the following regulations:
a. A bed and breakfast establishment shall not change the principal character or external
appearance of the dwelling involved and shall have a maximum of three (3) revenue-
generating bedrooms.
b. Cooking facilities shall not be located within the bedroom.
c. In addition to any other parking requirements of this Bylaw, one (1) additional parking
space shall be provided for each sleeping unit.
d. A bed and breakfast establishment shall comply with all of the requirements for a major
home occupation described elsewhere in this Bylaw.
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7.6
BUILDING HEIGHT
(1)
If the height of a building is required to be measured or determined it shall be measured by
calculating the average vertical distance between the natural grade, or the average natural
grade in the case of a sloping grade, and the highest point of the building as determined by
Figure 1. In determining the highest points of a building, the following structures shall not
be considered to be part of the building: an elevator housing; mechanical housing; roof
stairway entrance; ventilations; a skylight; a steeple; a smokestack; a parapet wall, or a
flagpole or similar device not structurally essential to the building.
Figure 1 - Building Height Calculations (Height Average = (X+Y)/2)
7.7
COMMUNICATION TOWERS
(1)
Industry Canada is responsible for regulating radio communication in Canada and for
authorizing the location of radio communication facilities, including communication towers.
In making its decision regarding the communication tower and related facilities, Industry
Canada considers the following:
a. the input provided by the Approving Authority;
b. compliance with Transport Canada's painting and lighting requirements for aeronautical
safety;
c. Health Canada's safety guidelines respecting limits of exposure to radio frequency fields;
d. an environmental impact assessment may be required in order to comply with the
Canadian Environmental Assessment Act.
(2)
The participation of the County in the consultation process does not transfer any Federal
decision-making authority, nor does it confer a right of veto in the location of the
communication tower.
(3)
Unless demonstrated to be impractical, transmission antennae shall be mounted on existing
structures (including buildings or towers) or within transportation and utility corridors.
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a. The tower base shall be setback from abutting parcels and roadways by a distance of the
height of the tower plus 10% percent of the tower height or the distance between the
tower base and guy wire anchors, whichever is greater.
b. Transmission towers must have the least practical adverse visual effect on the
environment. This may be mitigated through landscaping and/or fencing.
(4)
Communication towers shall be located in a manner that minimizes the impact on the natural
environmental and residential communities while recognizing the unique location
requirement for sitting communication towers.
(5)
All equipment shelters must meet the County's setback distances to roads and property lines.
(6)
All telecommunication carriers requesting a new telecommunication tower shall be required
to identify any other such structure within an 8.05 km (5 mi) radius of the proposed site
location. Each request shall also provide documentary evidence that co-location of the
existing structures within that 8.05 km (5 mi) radius is not a viable alternative to a second
structure.
(7)
Where Transport Canada requires that a telecommunication tower be lighted, the following
procedures shall be encouraged to minimize visual impacts:
a. The lighting of equipment structures and any other facilities on site shall be shielded from
adjacent properties where possible without interfering with the requirements of Transport
Canada.
b. All lighting shall be a minimum number of low intensity white lights; and
c. The strobe interval shall be the maximum allowable by Transport Canada, and the strobe
lights shall only be used if absolutely necessary.
7.8
CONFINED FEEDING OPERATIONS
(1)
Confined feeding operations for which an approval, a registration, or an authorization is
required pursuant to the Agricultural Operation Practices Act are not regulated by this Bylaw
but by that Act.
7.9
DECKS
(1)
A deck shall:
a. Meet the front yard setback of the principal building;
b. Be located at least 1.5 m (5 ft) from a side property line, except in the case of duplex/semi-
detached and row house, where 0 (zero) setback may be permitted where the property
shares a common wall with an attached dwelling; and
c. Be located at least 3 m (10 ft) from the rear property line.
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(2)
An unenclosed deck located in a side yard that adjoins a public roadway must be located at
least 3 m (10 ft) from a property line adjoining a public roadway.
(3)
If a covered deck is attached to a principal building, the deck shall meet the minimum setback
requirements of the principal building.
7.10
DEVELOPMENT SETBACKS
(1)
Where land is located within 0.8 km (0.5 miles) of a highway, setbacks from the highway shall
be as required by Alberta Transportation.
(2)
The minimum distance setback for a dug-out shall be 30 m (98.4 ft) from the centre line of a
road other than a Highway, from which the minimum distance setback shall be as required by
Alberta Transportation.
(3)
Notwithstanding the above, all land uses shall conform to the minimum yard requirements
specified in this Bylaw.
(4)
The front yard for parcels adjacent to lakes (lakeshore lots) shall be the lake, as denoted on by
Figure 2.
Figure 2 - Development Setbacks Adjacent to Lakes
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7.11 DUGOUTS
(1)
Dugouts shall:
a. Meet the minimum distance setback for a dug-out shall be 30 m (98.4 ft) from the centre
line of a road other than a Highway, from which the minimum distance setback shall be as
required by Alberta Transportation.
b. Not encroach upon, or affect, any watercourse or drainage easement.
7.12 ENVIRONMENTAL SETBACKS
(1)
A minimum setback of 30.0 metre is required from the top of bank of any watercourse or
lake unless the Development Authority is satisfied by submission of a professional
environmental and geotechnical assessment that a lesser setback is warranted. Should a
professional assessment determine the need for a setback greater than 30.0 metres, a
Development Authority shall require it. Within the required setback, any land disturbance
shall be managed to reduce environmental effects and manage risk.
(2)
The minimum setback pursuant to 7.12(1) may be reduced or eliminated at the discretion of
the Development Authority where a watercourse or lake is considered to be of a minor
nature and there is no risk of adverse effect on development or the environment as
determined by the Development Authority. The setback may be reduced where a
Development Authority determines that the structure (such as a boathouse) is minor and
necessary for the proposed location.
(3)
The Development Authority shall not approve permanent buildings within the 1:100 year
floodway of any watercourse or lake. The Development Authority may approve
developments within the 1:100 year flood fringe subject to floodproofing provisions to
mitigate potential damage, provided the County of St. Paul No. 19 is indemnified from any
potential liability.
(4)
The Development Authority may increase any required setback or yard for any permitted or
discretionary use where the regulation in the District would allow development that may be
detrimental to the preservation of shoreline or environmentally sensitive areas, may be
affected by being in a floodplain or in proximity to steep or unstable slopes, or may increase
the degree of the hazard.
(5)
When new parcels are created that are adjacent to watercourses or lakes, building site areas
shall be designated that will conform to the required environmental setbacks. The building
site shall be located as to ensure positive drainage to the nearest receiving watercourse or
lake.
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7.13 EXISTING SUBSTANDARD LOTS
(1)
Development on existing substandard lots may be allowed by the Development Authority.
(2)
Compliance with the Regulations approved pursuant to the Alberta Safety Codes Act shall be
required.
7.14 FIRE PITS
(1)
Pits shall meet accessory building setbacks.
(2)
Pits shall be set back a minimum of 3 m (10 ft) from any combustible structures including
fences and decks.
(3)
Pits shall be constructed of non-combustible materials.
(4)
The base of the pit shall rest on sand, gravel or concrete.
(5)
All organic material shall be removed for a distance of 15 cm (6 inches) all around the fire pit.
(6)
Fire pits should be less than 1 m (3.3 ft)in diameter and depth.
(7)
All fire pits shall have a metal screen (1/4 inch maximum spacing) spark guard cover while in
use.
7.15
GARAGE SUITES
(1)
Garage Suites:
a. A garage suite means a dwelling located above a detached garage (above grade); or a
single storey dwelling attached to the side of, or rear of, a detached garage (at grade).
b. The Development Officer shall consider the following matters as part of the decision-
making process for an application for a garage suite:
i.
Compatibility of the use in relation to the site, grade elevations, height, building
types, and materials characteristic of surrounding development;
ii.
The potential effect of the development on the privacy of adjacent properties; and
iii.
The on-site and neighbourhood impacts on parking and traffic.
c. Where approved, garage suites shall be developed in accordance with the following
regulations:
i.
All garage suites must meet the requirements of the Alberta Safety Codes Act;
ii.
Shall not be located in the front yard;
iii.
A minimum of one on-site parking space shall be provided for a garage suite;
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iv.
A minimum floor area of 30.0 m² (320 ft²) and shall not exceed 40% of the gross
floor are of the principal dwelling;
v.
Has an entrance separate from the vehicle entrance to the garage, either from a
common landing or directly from the exterior of the structure; and
vi.
Has cooking, food preparation, sleeping and bathing facilities which are separate
from those of the principal dwelling located on the site.
7.16 HISTORICAL AND ARCHEOLOGICAL SITES
(1)
Historical sites or archaeological sites identified pursuant to the Alberta Historical Resources
Act shall be protected in accordance with the guidelines and regulations established by
Alberta Community Development.
7.17 HOME OCCUPATIONS
(1)
All home occupations shall comply with the following requirements:
a. In addition to a development permit application, each application for a minor home
occupation or a major home occupation shall be accompanied by a description of the
business to be undertaken in the dwelling or on the site, an indication of the anticipated
number of business visits per week, and details for the provision of parking along with
other pertinent details of the business operation.
b. Home occupations shall not involve: activities that use or store hazardous material in
quantities exceeding those found in a normal household; or any use that would, in the
opinion of the development authority, materially interfere with or affect the use,
enjoyment, or value of neighbouring properties.
c. There shall be no exterior signage, display or advertisement other than a business
identification sign which shall not exceed 1 m² (10.8 ft²) in size.
d. No offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or radio
disturbance detectable beyond the boundary of the lot on which the home occupation is
located shall be produced by the home occupation.
e. There shall be no outdoor business activity, or outdoor storage of material or equipment
associated with the minor home occupation allowed on the site. Storage related to the
home occupation shall only be allowed in either the dwelling or accessory buildings.
f. There shall be no outdoor business activity, or outdoor storage of material or equipment
associated with the major home occupation allowed on the site. Storage related to the
home occupation shall only be allowed in either the dwelling or accessory buildings.
g. Notwithstanding subsection (g), above, on parcels of land 4.05 ha (10.0 ac.) in area or
greater in the Agriculture (A) District, the Development Authority may, at their discretion,
allow a major home occupation to include outdoor storage of material or equipment
associated with the home occupation on the site.
(2)
In addition to the requirements of subsection (1), above, a minor home occupation shall
comply with the following regulations:
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a. Exterior alterations or additions to accommodate a minor home occupation shall not be
allowed.
b. A minor home occupation shall not employ any person on-site other than the occupants
of the dwelling.
c. A minor home occupation shall not have more than four (4) client or customer visits per
week.
(3)
In addition to the requirements of subsection (1), above, a major home occupation shall
comply with the following regulations:
a. The number of non-resident employees working on-site shall not exceed two (2) on-site,
non-occupant employees.
b. No more than one commercial vehicle up to a size of a tandem truck, to be used in
conjunction with the major home occupation, shall be parked or maintained on the site
in a Country Residential One (CR1) or a General Urban (U) District. The parking space for
the commercial vehicle shall be adequately screened and sited behind the principal
building to the satisfaction of the Development Authority.
c. Not more than four (4) commercial vehicles, each with one accessory trailer, to be used
in conjunction with the major home occupation, shall be parked or maintained on a site
in the Agriculture (A) District.
d. Any interior or exterior alterations or additions to accommodate a major home
occupation may be allowed at the discretion of the Development Authority, as along as
such alterations comply with this Bylaw and the Alberta Safety Codes Act and the
regulations made thereunder.
e. A major home occupation in the Agriculture (A) District shall not have more than ten (10)
client or customer visits per week.
f. A major home occupation in the Country Residential (CR1) or the General Urban District
(U) District shall not have more than five (5) client or customer visits per week.
g. the hours of a major home occupation may be limited by the Development Authority, but
in no instance shall the hours of operation commence before 8 am or extend beyond 8
pm.
h. In the Agriculture (A) District, the where the major home occupation involves the outdoor
storage or processing of goods or materials, the Development Authority, as condition of
approval may:
i.
require the Registered Owner/applicant to enter into a Road Use
Agreement with the County for the provision of dust control and
maintenance/upgrading of roads used in direct relation to the operation;
ii.
restrict the locations where the outdoor storage of materials may take
place;
iii.
require that outdoor lighting shall be designed such that lighting is not
directed onto adjacent lots or roads. All outdoor lighting, with the
exception of motion activated security lighting, must be turned off during
hours outside of its hours of operation; and
iv.
require the planting of trees and shrubs, and may require the
construction of berms, the planting of a solid hedge, other vegetative
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screen, fencing or any combination thereof to adequately buffer an
adjacent site from a nuisance or adverse effect.
7.18 KENNELS
(1)
Kennels shall only be allowed where indicated as a discretionary use within a District.
(2)
When considering a development permit for a kennel, the Development Authority shall have
careful consideration of adjacent properties and uses and the potential impact of a kennel on
the use and enjoyment of adjacent properties and uses. If the kennel is approved, the
Development Authority may require as a condition of approval that the kennel operator take
specific action, including action on an on-going basis, to mitigate any negative impact that the
kennel may have on adjacent properties and that, if the action is not taken or does not
succeed in its purpose (the mitigation of negative impact), to require that the kennel cease to
operate and be entirely removed from the subject site.
7.19 MANUFACTURED HOMES
(1)
A development permit shall be required for all new or moved in manufactured homes.
(2)
A manufactured home shall be skirted from the floor level to the ground level which shall
match the existing external finish of the manufactured home.
(3)
The storage of any furniture, domestic equipment or seasonally used equipment shall occur in
a covered storage building or shall be screened either individually on the stall or lot or
communally. The storage area or building shall conform to the local building, fire, electrical
and plumbing codes.
(4)
The following regulations apply to manufactured homes:
a. The hitch and wheels are to be removed from the manufactured home.
b. All manufactured homes shall be firmly placed on a foundation or base.
c. The property shall be grassed and landscaped within one year from the date of issue of the
development permit.
(5)
All accessory structures, such as patios, decks, porches, additions and skirting , shall be:
a. factory-prefabricated units or the equivalent thereof, and so designed and erected as to
harmonize with the manufactured homes;
b. considered as part of the main building; and
c. erected only after obtaining a development permit.
(6)
A person wishing to move an existing manufactured home onto a lot shall make application
for a development Permit in the usual way but also provide the following information:
a. Age, size and structural condition of the manufactured home;
b. Photographs showing all sides of the manufactured home; and
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c. A statement of the proposed improvements.
(7)
The Development Officer shall request inspection of the manufactured home more than 10
years of age as of date of application which is proposed to be moved in by a qualified Safety
Codes Officer and report back. The expenses of such inspection shall be paid by the applicant
before any Development Permit is issued.
(8)
The Development Officer may issue a Development Permit for the proposed manufactured
home without conditions, or subject to such conditions as he/she deems it necessary to
ensure that the manufactured home is renovated to a satisfactory standard.
(9)
The Development Officer may require security in the form of cash, performance bond, letter
of credit, etc. of up to $5,000 to guarantee satisfactory completion of work stipulated in the
Development Permit.
7.20 MANUFACTURED HOME PARKS
(1)
A development permit shall be required for new or expanding manufactured home parks. A
development permit shall not be issued for a manufactured home park until written
comments are received from Alberta Health Services and a qualified professional registered in
the Province of Alberta with the Association of Professional Engineers and Geoscientists of
Alberta indicating that the proposed sewage disposal system has been approved and is
designed to the proposed development capacity.
(2)
Where a sewage lagoon is required for the development of a manufactured home park, the
construction of a chain link or other enclosure approved of by the Development Authority
shall be required as a safety precaution.
(3)
Manufactured homes shall be located a minimum distance for the land use District in which it
is located. The setback strip shall be landscaped and/or fenced to the satisfaction of the
Development Authority.
(4)
All roads in a manufactured home park shall be surfaced, and well drained, and maintained to
the satisfaction of the Development Authority. Minimum driving surface width shall be 9 m
(29.5 ft) and minimum right-of-way width shall be 20 m (65.6 ft).
(5)
All parks shall be required to provide safe, convenient, all-season pedestrian access of at least
1.0 m (3.3 ft) in width for intended use between individual manufactured homes, the park
streets, and all community facilities provided for park residents.
(6)
Visitor parking space shall be provided at a ratio of at least one (1) space for every two (2)
manufactured homes and shall be located at convenient locations throughout the
manufactured home park, and shall not be used for the storage of boats, trailers, etc.
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(7)
The design of manufactured home parks shall be to the satisfaction of the Development
Authority, including a plan of survey clearly marking all utilities, lots, roadways, recreational
use lands, fences and communal areas.
(8)
All municipal utilities shall be provided underground to stalls in a manufactured home park.
(9)
In a manufactured home park, 5% of the gross site area shall be devoted to recreational use.
(10) All areas of a manufactured home park not occupied by manufactured homes and their
additions, internal roads, footpaths, driveways, permanent buildings and any other developed
facilities, shall be fully landscaped to the satisfaction of the Development Authority. Screen
fences or walls shall be erected where deemed necessary by the Development Authority
around laundry yards, refuse collection points and playgrounds.
(11) No part of the park shall be used for non-residential purposes except such uses as are
required for the direct servicing and well-being of the park residents and for the management
and maintenance of the park.
(12) Manufactured home park facilities shall be arranged to create a homelike atmosphere. This
objective is achieved by variations in street pattern, block shapes and location of
manufactured home stands.
(13) Each manufactured home stall shall be clearly marked off by means of stakes or countersunk
steel posts.
(14) Street lighting in a manufactured home park shall be the same standard as that in a
conventional residential neighborhood or to the satisfaction of the Development Authority.
(15) Signs:
a. Only one (1) main, free-standing, identification sign of residential character and
appearance shall be erected at the entrance to a manufactured home park unless the
Development Authority is of the opinion that a further and similar sign shall be allowed
under exceptional circumstances involving the layout, location and size of the park in
relation to the surrounding areas. The sign or signs shall be of a size, type and construction
acceptable to the Development Authority.
b. Directional signs within the manufactured home park shall be integrated in design and
appearance, be kept in scale with the immediate surroundings and constructed of durable
material.
(16) Manufactured homes shall be separated from each other by at least 6 m (19.7 ft) side-to-side
and 3.0 m (9.8 ft) from either front or rear stall line provided further that any porch or
addition to the manufactured home is regarded as part of the manufactured home for the
purpose of spacing. Notwithstanding the above, the minimum side yard requirements shall be
2.4 m (8.0 ft).
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(17) The minimum dimensions for a manufactured home stall shall be 15 m (49 ft) by 30 m (98.4
ft) and the minimum size for a manufactured home stall shall be 465 m² (5,112.9 ft²).
(18) The minimum site area shall be 2.0 ha (4.94 ac.).
(19) Refuse Collection and Screening:
a. The park operator must provide a central collection area for garbage within the park,
located in an area satisfactory to the Development Authority. The operator is also
responsible for regularly transferring the garbage form the park to a waste disposal site.
b. The central collection area must also be maintained to the satisfaction of the
Development Authority.
(20) All utilities shall be provided to each stall at the developer's expense.
(21) A central area of a minimum of 14.0 m² (150.7 ft²) of space for each manufactured home shall
be provided for the storage of recreation vehicles, boats, trailers, etc.
7.21 NUMBER OF DWELLING UNITS ON A LOT
(1)
The number of dwelling units allowed on any parcel of land shall not exceed one (1).
(2)
Notwithstanding 7.21(1), the Development Authority may issue a development permit that
would allow the construction or location of a second dwelling unit on a lot if the second
dwelling unit:
a. is located on a lot in excess of 4 ha (9.9 ac);
b. the additional dwelling meets the setback requirements of the subject land use district;
c. the additional dwelling has access to municipal services, or on-site services in accordance
with provincial standards;
d. is contained in a building that, or in buildings each of which, is designed for or divided into
2 or more dwelling units;
e. is a garage suite, basement suite, surveillance suite, or part of a work camp as defined in
this Bylaw;
f. is a manufactured home as defined in this Bylaw and located within a park for
manufactured homes; or
g. is a building, as defined in the Condominium Property Act, that is the subject of a
condominium plan to be registered in a Land Titles Office under that Act.
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7.22 NATURAL RESOURCE EXTRACTION AND PROCESSING
FOR ALL NATURAL RESOURCE EXTRACTION AND PROCESSING INCLUDING LOGGING, SAND &
GRAVEL, AND SALT MINING OPERTATIONS
(1)
The applicant shall ensure that dust and noise control measures are undertaken to prevent
such items from becoming an annoyance to neighbouring landowners. The applicant shall
conduct dust control procedures at the request of and to the satisfaction of the Development
Authority, acting reasonably. In this regard, stockpiles shall be located in a position to act as a
sound barrier. Also, the applicant shall apply methods of minimizing the noise created from
machinery and equipment.
(2)
The applicant shall keep the area subject to the Development Permit in a clean and tidy
condition, free from rubbish and non-aggregate debris.
(3)
The applicant shall locate appropriate traffic and safety signage on and about the subject site
and road accesses.
(4)
All operations shall be in accordance with the Alberta Environmental Protection and
Enhancement Act, as amended, for conservation and reclamation.
(5)
The applicant shall enter into a Road Use Agreement with the County for the provision of dust
control and maintenance/upgrading of roads used in direct relation to the operation.
(6)
The following conditions of approval may be included when processing an application for a
natural resource extraction and processing development:
a. requirement to post security to ensure that reclamation is completed;
b. limitation of hours of operation;
c. posting of adequate signage, including company name and emergency telephone
numbers, to warn of possible site or operational hazards and dangers;
d. the provision of a reclamation plan;
e. methods of minimizing noise in relation to the activities of the operation; and,
f. requirement to provide a sufficient onsite parking area for operating equipment and
visitors to the site.
FOR EXCAVATION, STRIPPING, AND GRADING OF LAND
(7)
For the purposes of this Section, excavation shall mean excavation other than for
construction or building purposes, including, but not limited to, salt, sand and gravel mining,
topsoil stripping, and construction of artificial bodies of water.
(8)
An application for a Development Permit for the excavation, stripping, or grading of land,
which is proposed without any other Development on the same parcel of land, shall include
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the following information:
a. location and area of the site where the excavation is to take place;
b. the type and dimensions including average depth of the excavation to be done, and the
potential, if any, to affect existing drainage patterns on and off the site;
c. the depth and variation in depth of groundwater encountered in test holes, if required at
the discretion of the Development Authority;
d. identification of potential for outdoor noise and the discharge of substances into the air;
and, the condition in which the site is to be left when the operation is complete, including the
action which is to be taken for restoring the condition of the surface of the land to be
affected, and for preventing, controlling or lessening erosion or dust from the site.
(9)
Where, in the process of development, areas require leveling, filling, or grading, the topsoil
shall be removed before work commences, stockpiled, and replaced following the completion
of the work.
(10) A disturbed area shall be reclaimed to a land capability equivalent to the pre-disturbance land
capability (e.g. agricultural land) or a post-disturbance condition and land use (e.g. conversion
to a wetland) which are satisfactory to the Development Authority or the provincial authority
where applicable.
7.23 OBJECTS PROHIBITED OR RESTRICTED IN YARDS
(1)
No person shall keep or allow in the Country Residential One (CR1) District, Country
Residential Two (CR2) District, General Urban (U) District, or Recreation Vehicle (RV) District:
a. any inoperable vehicle for more than 30 successive days;
b. any object, chattel, or other use of land which, in the opinion of the Development
Authority, is unsightly or tends to adversely affect the amenities of the District; and
c. any excavation, stockpiling or storage of materials.
7.24 OFF-STREET PARKING
(1)
Off-street parking facilities shall be required for all developments within the two Country
Residential (CR) Districts, Recreation Vehicle (RV) District, the Industrial/Commercial (IC)
District and the General Urban (U) District.
(2)
An off-street parking area or accessory off-street parking area:
a. shall not be located within 1.0 m (3.28 ft) of a lot line;
b. shall be constructed so that adequate access to and exit from each parking space is to be
provided at all times by means of maneuvering aisles designed to the satisfaction of the
Development Authority;
c. shall have necessary access located and constructed to the satisfaction of the
Development Authority; and
d. shall be adequately signed so as to direct access to it.
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(3)
Dimensions:
a. All parking areas shall conform to the following requirements:
Figure 3 - Minimum Parking Standards (in metres (feet))
Width of
Space
(a)
Parking
Angle in
Degrees
(b)
Stall Depth
Parallel
To Aisle
(c)
Stall Depth
Perpendicular
To Aisle
(d)
Overall
Depth
(e)
2.7 (9.0)
0
7.0 (23.0)
2.7 (9.0)
9.1 (30.0)
2.7 (9.0)
30
5.5 (18.0)
5.2 (17.0)
14.0 (46.0)
2.7 (9.0)
45
4.0 (13.0)
5.8 (19.0)
15.2 (50.0)
2.7 (9.0)
60
3.1 (10.0)
6.1 (20.0)
18.2 (59.0)
2.7 (9.0)
90
2.7 (9.0)
6.1 (20.0)
19.5 (64.5)
b. In the General Urban (U) District, the Development Officer may require some parking
spaces provided to be a minimum width of 3.0 m (10 ft) and a minimum depth of 20 m
(65.5 ft), specifically designed for large trucks. Maneuvering aisles and accesses will be
sized appropriately to permit vehicular access to these spaces.
(2)
Surfacing and Drainage
a. Every off-street parking space provided, and the access thereto, shall be hard surfaced if
the access is from a street or lane which is hard surfaced; parking areas must be paved or
of gravel mixture as approved by the Development Authority.
b. Each parking area shall be so graded and drained as to dispose of all storm water runoff. In
no case shall drainage be allowed to cross a sidewalk unless permitted otherwise by the
Development Authority.
(3)
Required Number of Off-Street Parking Spaces:
a. The minimum number of off-street parking spaces required for each building or use shall
be as in Figure 4. In the case of use not specifically mentioned, the required number of off-
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street parking spaces shall be the same as for a similar use as determined by the
Development Authority. Where a development falls within more than one class, the
required number of spaces shall be the sum of the requirements for each of the
development classes.
b. The Development Authority may allow an applicant to provide a lesser number of spaces if
it can be shown that the standard is not applicable to the project.
Figure 4 - Minimum Parking Standards
USE OF BUILDING OR DEVELOPMENT
MINIMUM NUMBER OF PARKING SPACES
RESIDENTIAL
1. All dwellings
2 per dwelling unit
COMMERCIAL
2. Retail and Service (except Eating and
Drinking Establishments, Hotels and
Motels) Businesses
1 per 46 m² (495 ft²) of gross floor area
3. Eating and Drinking Establishments
1 per 4 seats plus three additional spaces for staff
4. Hotels and Motels
1 per room plus three additional spaces for staff
INSTITUTIONAL
5. All Institutional or Public Uses
To the satisfaction of the development authority
INDUSTRIAL
6. All Industrial Uses
1 per 92 m² (990 ft²) of gross floor area
7.25 PERMITTED PROJECTIONS
(1)
The following projections into required front, side and rear yard setbacks in land use districts
may be permitted for canopies, balconies, eaves, box-outs, chimneys, gutters, sills,
steps/stairs, and, in addition, cantilevers may be permitted to project into the front and rear
yards only:
a. Front Yard: 2.0 m (6.6 ft) for balconies; and 1.0 m (3.3 ft) for cantilevers, eaves, gutters,
landings, and windowsills.
b. Rear Yard: 2.0 m (6.6 ft) for balconies; and 1.0 m (3.3 ft) for box-outs, cantilevers, eaves,
gutters, landings, and windowsills.
c. Side Yard (Interior): 1.0 m (3.3 ft) for balconies; and 0.6 m (2.0 ft) for box-outs, eaves,
gutters, landings, and windowsills.
d. Side Yard (Exterior): 1.0 m (3.3 ft) for balconies; and 0.6 m (2.0 ft) for box-outs, cantilevers,
eaves, gutters, landings, and windowsills.
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(2)
No projection will be permitted if, in the opinion of the Development Authority, it may
interfere with a loading space, parking area, driveway, or other vehicle or pedestrian
circulation or access.
(3)
No projection will be permitted into the side yard required for vehicular access to the rear
yard, unless a minimum vertical height of 3.0 m (9.8 ft) from finished grade to the lowest
point of the projection is maintained.
(4)
The projection length limitations are as follows:
a. The individual projection maximum length shall not exceed 3.0 m; (9.8 ft); and
b. The sum of all projections maximum length shall not exceed one-third (1/3) of the length
of the building wall (not including the garage walls). This does not apply to front or rear
yards.
Figure 5 - Permitted Projections- Front and Interior Side Yard Setbacks
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Figure 6 - Permitted Projections - Rear and Exterior Side Yard Setbacks
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7.26 PROTECTION FROM HAZARDS
(1)
The Development Authority shall not approve an application for a development permit for a
development which includes the installation of an anhydrous ammonia or liquefied
petroleum gas (AA or LPG) or storage tank with a water capacity exceeding 9000 litres (1982.4
gal.) unless the location of the storage tank on the lot to be developed is at least 122 m (400.3
ft) or such greater distance as may be required from assembly, institutional, residential, or
commercial buildings.
(2)
AA or LPG containers with a water capacity of less than 9000 litres (1982.4 gal.) shall be
located in accordance with regulations under the Alberta Fire Code.
(3)
Flammable liquids storage tanks at bulk plants or service stations shall be located in
accordance with the Petroleum Tank Management Association of Alberta.
(4)
Setbacks from pipelines and other utility corridors shall be at the discretion of the utility
owner and/or the Energy Resource Conservation Board.
7.27 RECLAIMED OIL AND GAS WELLS
(1)
The purpose of establishing setbacks around well sites is to allow for the maintenance of the
well site to occur, to protect the well site and to avoid damage to any construction or
excavation equipment that may be used in construction of buildings or utilities on the site.
Incorporating the setbacks and access area associated with a well site, into a subdivision and
development proposals may help in determining an effective subdivision design, the location
of building sites, siting of underground utilities and grading of land.
(2)
In accordance with the Energy Resources Conservation Board recommendations, a setback
consisting of a minimum of 10.0 m (33.0 ft) by 15.0 m (49.5 ft) work area surrounding a
reclaimed well shall be maintained at all times.
(3)
The setback boundaries shall be established so that the well is no less than 5.0 m (16.4 ft)
from the setback boundary. A minimum 8.0 m (26.5 ft) width access to this setback area shall
be maintained.
(4)
Both the subdivision application and development permit application may require the
registration of a Restrictive Covenant, against the title of the property that contains a
reclaimed well identifying the setback requirements identified in this Section.
(5)
For all other gas and oil wells, all applicable provisions under the Section 11 of the Subdivision
and Development Regulation shall be complied with.
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7.28 RESIDENTIAL DEVELOPMENT
(1)
Development for residential purposes, whether for single detached dwellings or for
manufactured home units, shall be prohibited:
a. on sites where adequate year-round access is not available by either a paved or graveled
all-weather road in good condition;
b. on sites where necessary services are not provided at the sole expense of the developer;
or
c. on sites on which adequate storm water drainage is not provided.
(2)
The Subdivision Authority shall consider the minimum distance separation between dwellings
and a confined feeding operation as determined through the use of Schedule 1 of the
Standards and Administration Regulation adopted pursuant to the Agricultural Operation
Practices Act as a guide for evaluating all single lot subdivisions for country residential
development in proximity to confined feeding operations.
(3)
Where there is an existing sewage disposal system or dwelling on a single lot country
residential parcel about to be subdivided, the Subdivision Authority shall require certification
that the system is operating in accordance with Provincial regulations prior to giving final
approval to the subdivision.
7.29 SHIPPING CONTAINERS - STORAGE USES
7.29.1 In all Land Use Districts a shipping container shall:
a. Be prohibited in the Country Residential Two (CR2) District;
b. Be considered an accessory building to the principal building;
c. Be used for storage purposes excluding any dangerous or hazardous materials;
d. Be prohibited within any front yard;
e. Be positioned within a side or rear yard of a primary building; and
f. Conform to required setbacks of the applicable land use district.
7.29.2 Within the General Urban (U) and Country Residential One (CR1) Districts
shipping containers shall:
a. Require a Development Permit;
b. Have an exterior finish that matches or complements the exterior finish of the principal
building;
c. Be visually screened from public roads and neighbouring properties to the satisfaction
of the Development Authority;
d. Not be stacked one upon the other;
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e. Not exceed the maximum number permitted per parcel size as outlined in Figure 7 and
Figure 8 within the General Urban (U) District; and
f. Not exceed the maximum number permitted per parcel size as outlined in Figure 9
within the Country Residential One (CR1) District.
Figure 7 - Number of Shipping Containers on a Residential Parcel in the General Urban (U)
District
Parcel Size
Maximum Number of Shipping Containers
0.0ac - 0.5ac
1
0.51ac - 3.99ac
2
4.0ac+
3
Figure 8 - Number of Shipping Containers on a Non-Residential Parcel in the General Urban (U)
District
Parcel Size
Maximum Number of Shipping Containers
0.0ac - 0.99ac
1
1.0ac - 3.99ac
2
4.0ac - 6.99ac
3
7.0 ac+
No maximum
Figure 9 - Number of Shipping Containers on a Country Residential One (CR1) Parcel
Parcel Size
Maximum Number of Shipping Containers
0.5ac - 3.99ac
1
4.0ac - 6.99ac
2
7.0ac - 10.0ac+
3
7.29.3 Within the Industrial/Commercial (IC), Agriculture (A), and Light
Industrial Residential (IR) Districts:
a. All shipping containers shall be visually screened from public roads and neighbouring
properties to the satisfaction of the Development Authority;
b. A single shipping container located on a lot shall not require a development permit. The
placement of a second or subsequent shipping container on a lot shall require a
development permit;
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c. Shipping Containers shall have a maximum height, if multiple shipping containers are
stacked or one standalone shipping container, in accordance with height regulations of
the applicable land use district.
7.30 SERVICE STATIONS AND GAS BARS
(1)
Service stations and gas bars shall be located in such a manner that:
a. No entrance or exit thereto for motor vehicles shall be within 60 m (197 ft) of an entrance
to or exit from firehall, school, playground, library, church, hospital or social care
residence;
b. No part of a service station or gas station building or of any pump or other accessory shall
be within 6 m (19.5 ft) of a side or rear property line;
c. Service stations shall have a front yard of not less that 12 m (39.5 ft) and no fuel pump
shall be located closer than 6 m (19.5 ft) to the front property line; and
d. Storage tanks shall be set back from adjacent buildings in accordance with the Alberta
Safety Codes Act and Subject to written approval from the Petroleum Tank Management
Association of Alberta.
(2)
Site Area and Coverage
a. The minimum site areas shall be 740 m² (7,965.5 ft²) and the maximum building coverage
shall be 25% of the site area. For service stations including car wash, the minimum site
area shall be 1,115 m² (12,002 ft²);
b. Where a service station forms part of an auto dealership development, the minimum site
area and maximum building coverage may be varied at the discretion of the Development
Authority.
(3)
Site and Building Requirements
a. All parts of the site to which vehicles may have access shall be surfaced and drained to the
satisfaction of the Development Authority.
b. No activity may be carried on which constitutes an undue nuisance or annoyance to
persons occupying land in the immediate vicinity of the site, by reason of dust, noise,
gases, odours, smoke or vibration.
c. The site of the buildings shall be maintained in a clean and tidy condition and free from all
rubbish and debris.
7.31 SEWAGE HOLDING TANKS
(1)
On all parcels fronting onto named lakes, only self-contained sewage systems will be
permitted to be installed or replaced. Self-contained Sewage Systems include, connection to a
municipal system, municipal/private co-op systems and private sewage holding tanks that
meet applicable/relevant CAN/CSA standards, but do not include disposal fields, treatment
mounds, pit privies, or any other approved system for the disposal of sewage or waste water
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on a parcel of land which results in the disposal of sewage and/or waste water into the
ground.
7.32 SIGNS
(1)
All signs of a commercial, directional or informative nature erected on land or affixed to any
exterior surface of any building or structure shall require a development permit and shall be
subject to the following requirements:
a. No signs shall be erected on or affixed to private property without the prior consent of the
property owner or tenant.
b. No signs shall be erected on or affixed to public property without the prior consent of the
appropriate public body.
c. No signs shall resemble or conflict with a traffic sign, nor shall any sign be a traffic hazard.
No sign shall be in contravention of a County traffic speed bylaw or in contravention of any
other County bylaw.
d. All signs shall be kept in a safe, clean and tidy condition, and may, by order of the
Development Authority, be required to be renovated or removed.
e. No signs other than dwellings with approved home businesses shall be permitted in the
Country Residential One (CR1) and Country Residential Two (CR2) District.
f. No signs shall be permitted within 800 m (2,624.6 ft) of a highway unless the prior
approval of Alberta Transportation has been received.
g. Oil companies will be allowed to erect signs with the approval of the County to restrict
their own oil field truck traffic to prevent the deterioration of County roads. These signs,
once approved by the County, will be exempt from the requirement that development
permits be obtained.
(2)
Freestanding signs in non-residential districts are subject to the following regulations:
a. One (1) freestanding sign shall be allowed per lot frontage for the purpose of identifying
the use or building on that lot;
b. The maximum area of the freestanding sign shall not exceed 0.2 m² in area for each meter
in frontage for a developed site to maximum of 10 m²;
c. The maximum height of the freestanding sign shall not exceed 9.0 m;
d. The sign may be illuminated, but shall not have flashing or intermittent lights or device or
mechanism that creates the impression of flashing or intermittent lights. Reader board
signs are however permitted;
e. At the discretion of the Development Authority, landscaping may be required at the base
of the sign; and
f. The bottom of freestanding signs shall be a minimum of 3.6 m above grade, unless a lesser
distance is approved by the Development Authority, and the space between the bottom of
the sign and the grade shall be unobstructed, except for supports as the sign may require.
(3)
Notwithstanding Subsection (1) and (2) above, the following signs do not require a
development permit, provided that they are not illuminated and that any necessary permits
have been obtained from Alberta Transportation:
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a. signs, not to exceed 1.0 m² (10.8 ft²) in area, for the purpose of identification, direction
and warning, or relating to a business, institution or club;
b. temporary signs, not to exceed 2.0 m² (21.6 ft²) in area, to be removed by the advertiser
within 15 days of the completion of the event or works;
c. signs in relation to institutional or public uses.
7.33 SUBDIVISION OF LAND
(1)
For the purposes of this Bylaw, an un-subdivided quarter section shall include those quarter
sections where a separate title exists for a public utility or institutional use.
(2)
Development agreements shall be required as a condition of approval for subdivision of land
within the County.
7.34 SOUR GAS FACILITIES
(1)
No development shall be permitted within the setbacks prescribed by the Energy Resource
Conservation Board (ERBC) or the lease holder of the well.
7.35 COMMERCIAL ALTERNATE ENERGY DEVELOPMENT
Jurisdiction
The Province of Alberta and its agencies, regulates large scale / commercial energy projects. Under
Sections 619 and 620 of the Municipal Government Act (MGA), the County's regulatory role is very
limited. The MGA (Sec. 619(2)) is very clear that "A license, permit, approval or other authorization
granted by the NRCB, ERCB, AER, AEUB or AUC prevails ..." over "... any statutory plan, land use bylaw,
subdivision decision or development decision ..." of a municipality.
Purpose
The purpose of this section is to establish local standards for Commercial Alternate Energy (CAE)
developments, including but not limited to solar, wind, biofuel, geo-thermal, fuel cell, micro-hydro,
and other energy producing technologies whose purpose is to produce energy for the commercial
market.
Provincial or Other Approvals
(1) Where Provincial or Federal Government or other Agency approval has been received for a CAE,
a copy of the said approval and supporting documents, shall be submitted to the County. The
supporting information provided to the Province, Federal Government or other Agency may be
used to satisfy some or all the requirements of the County.
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Protection of Agricultural Lands
(2) In compliance with the Agricultural Goals (1.5(a)), Objectives (2.1.1 and 2.1.2) and Policies (1 & 7)
of the Municipal Development Plan. The:
a. siting of an CAE should take place on lands considered to be low production, or on poor
agricultural land; and,
b. the use of high-quality agricultural soils should be discouraged.
General Requirements
(3) A development permit application shall be made for every title upon which the CAE is proposed.
(4) A site plan(s) shall be required for each title but a single, master set of supporting documents may
be submitted for the overall project.
Public Consultation
(5) Prior to the submission of a development permit application the Applicant shall:
a.
Arrange and host at least one (1) open house or public meeting, in the general area of the
site proposed for the development;
b.
Advertise the time, date, and place of the open house or public meeting:
i.
in a newspaper circulating in the area of the proposed development, with
the advertisement appear a minimum of two (2) weeks in advance of the
public meeting,
ii.
mail a written notice of the time, date, and place of the open house to all
landowners within the area proposed for the development, and all
landowners within 2 km (1.2 miles) of the boundary of the area proposed for
the development;
c.
The information provided at the public meeting shall be all the information that would be
required as part of a Development Permit application for the proposal;
d.
Opportunities for questions and input from the public shall be allowed;
e.
A summary of the presentation and the public input shall be recorded.
(6) If public consultation was held as part of the Provincial approval process, the Applicant may
submit the details of that consultation to the County to satisfy the requirements of Section 7.35.5.
Safety
(7) All applications shall include:
a.
An emergency response plan,
b.
A detailed safety plan identifying any special rescue needs for workers that is beyond the
local emergency responders' equipment and training capability.
(8) All applicable Safety Codes permits are required to be obtained.
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Transmission Lines
(9) All collector lines, (less than 69kV) on the site of a CAE generating electrical power, shall be
underground, except where the Development Authority approves otherwise.
Color and Finishes
(10) The buildings, supporting structures, and accessory buildings shall be painted or coated in in
non-reflective and non-glossy tones and / or colors which minimize the obtrusive impact of a
CAE.
(11) No brand names, lettering or advertising shall appear on buildings, towers, blades, support
structures or accessory buildings and structures.
(12) The lettering or imagery that may appear on the lowest 3 m (10 ft.) of a tower or building of a
CAE are the manufacturer's identification and contact information, the operator's identification
and contact information, emergency contact information, and municipal symbol.
County Standards
(13) All roads, approaches, culverts, fences, or other County infrastructure to be replaced,
constructed, upgraded, or reconstructed, shall be built to the County's standards current at the
time of construction.
Noise
(14) During construction, operation, and decommissioning the sound level from any CAE shall not
exceed 60dB(A), or more than 5dB(A) above the background noise, whichever is lower, as
measured at the exterior of the closest inhabited Dwelling.
(15) The CAE can utilize berms, deflectors, sound blankets, walls, vegetation, fences, buildings, or
other sound mitigative measures or any combination of these items to achieve the sounds levels
described in 7.35 14.
Referral
(16) Prior to deciding upon an application for a CAE, the Development Authority may refer for the
review, comment, and any input provided from any of the following entities:
a. Alberta Utilities Commission,
b. Alberta Transportation,
c. Transport Canada,
d. NavCanada,
e. Alberta Electrical Systems Operator,
f. Adjoining municipal boundary if the application area is within 2 km (1.2 miles) of the
municipal boundary, and,
g. any other person, departments, agency, commission, or government the Development
Authority deems necessary.
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Decommissioning
(17) Decommissioning and reclamation shall take place in compliance with the applicable provincial
standards of the day the site is decommissioned. If no standards are in place at the time of a
development permit application, the Applicant shall provide a plan outlining how the site will be
decommissioned and reclaimed to the site's predevelopment state as part of the Development
Permit application. The decommissioning plan shall include information on the following:
a. Treatment of buildings, footings, foundations, structures, and wires;
b. Reclamation of access roads, driveways, pathways, storm ponds, drainage systems, and
other similar disturbances;
c. The type and suitability vegetation and / or ground cover to be planted and / or seeded;
d. Notice to be given to landowners and the County;
e. Containment of hazardous materials;
f. Site security;
g. Haul routes for disposal materials;
h. Control of noise, dust, particulates, and weeds;
i.
Discussion of the timetable for decommissioning plan.
Financial Security
(18) As a condition of development approval, the County may require financial security, in the form
satisfactory to the Development Authority, to ensure the Reclamation / Decommissioning Plan
is implemented and to cover assignment and bankruptcy. The condition may include a periodic
review of the security to ensure the amount is sufficient to implement the Reclamation /
Decommissioning Plan.
Discontinuance
(19) Should an Alternate Energy Development discontinue producing power for a minimum of two
consecutive years, or two cumulative years over a five-year period, the operator shall provide a
report on the status of the System to the County. A review of the status report by the County
may result in the request for the System to be decommissioned. Failure to comply with a
decommissioning request may result in the issuance of a stop order by the County in accordance
with the provision of the Municipal Government Act.
Solar Energy Conversion Systems
Applications
(20) Development Permit applications for a solar collector system shall be accompanied by the
following information:
a. A plan showing the location of overhead and / or underground utilities on or adjacent to the
subject lands;
b. Location and identification of environmentally sensitive areas on the project lands;
c. A detailed site plan showing:
i.
the titled parcel(s),
ii.
the location of the system on the parcel(s),
iii. the required setbacks,
iv. existing structures, if any,
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v.
the existing or proposed approach(es), and,
vi. the orientation of the solar collectors;
d. The application shall also include details regarding:
i.
the system type,
ii.
number of structures,
iii. height of structures,
iv. energy process,
v.
grid connection,
vi. rated output in megawatts,
vii. signage,
viii. public safety,
ix. security measures,
x.
a site suitability analysis,
xi. topography,
xii. soil characteristics,
xiii. agricultural capability,
xiv. potential impacts on agricultural land
xv. stormwater management plan,
xvi. surface drainage plan,
xvii. the results of the public consultation process,
xviii. weed control plan and,
xix. an environmental impact assessment prepared by a qualified professional
demonstrating site suitability, impact mitigation and reclamation requirements;
Glare
(21) Solar panels must be located such that they do not create glare on neighboring properties or
public roadways.
Projections
(22) Solar collectors mounted to the roof of a building or structure shall not extend beyond the
outermost edge of the roof.
Height and Setbacks
(23) The maximum heights and setbacks of building mounted or ground mounted solar collection
systems shall be subject to the height and setback requirements of the applicable Land Use
District.
Fire Protection
(24) The spacing and height of solar collectors shall be designed to provide access for firefighting.
Density
(25) The location of and maximum number of solar collectors per Title may be regulated by the
Development Authority.
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Wind Energy Conversion Systems (WECS)
Applications
(26) An individual development permit application shall be submitted for each titled parcel.
(27) Development Permit applications for a wind energy conversion system shall be accompanied by
the following information:
a. An accurate site plan showing and labeling the information outlined in this section and the
location of overhead and / or underground utilities on or adjacent to the subject lands;
b. A digital version of the site plan showing the exact location and base elevation of each WECS
in UTM coordinates with NAD datum, Zone X;
c. A visual representation of the WECS project including scale elevations, photographs and / or
digital projections of the project showing height, rotor diameter, color and landscape;
d. A digital version of the site plan showing the exact location and base elevation of each WECS
in UTM coordinates and NAD datum, Zone AA;
e. The specifications indicating:
i,
the type of material used in tower, blade, and rotor construction,
ii.
grid connections and size of any substations,
iv
signage,
v.
security measures,
vi.
site suitability analysis,
vii.
topography,
viii. soil characteristics,
ix.
agricultural capability,
x.
potential impacts on agricultural land
xi.
stormwater management plan,
xii.
surface drainage plan,
xiii.
the location of any dwellings or structures on the property,
xiv.
setbacks,
xv.
weed control plan and,
xvi.
an environmental impact assessment prepared by a qualified professional
demonstrating site suitability, impact mitigation and reclamation
requirements;
f. The manufacturer's specifications indicating:
i.
the proposed systems rated output in megawatts,
ii.
the safety features,
iii.
the type of material used in the tower, blade, and rotor construction,
iv.
foundation design and / or anchor design, including the location and
anchoring of any guy wires;
g. An analysis of the potential for noise and shadow / flicker effect, both at the site of the
installation, at the boundary of the property containing the development, and at any
habitable residence within 2 km (1.2 miles) of any WECS in accordance with Alberta Utilities
Commission Rule 12;
h. The results of the public consultation process;
i. The potential for electromagnetic interference;
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j. The nature and function of over speed controls which are provided;
k. The status of the Applicant's circulation to NavCanada, Transport Canada, Alberta Utilities
Commission, and any other government department or agency required for provincial
approval;
l. Information on public safety;
m. Identification of any roads to be used or constructed for use during construction of the project
and any impacts to the existing road system including required approaches from public roads;
n. A copy of the Wire Service Provider (WSP) approval if the WECS is proposed to be connected
to the provincial power grid;
Density
(28) The Development Authority may approve one or more Individual WECS structures on a titled
parcel having regard for:
a. The proximity to other adjacent land uses;
b. The overall density of the WECS project;
c. A consideration of the cumulative effect of all WECS approved or proposed within 5 km (3
miles) of the proposal;
d. The underlying utilities;
e. The information received through the circulation process, public consultation process and
through the redistricting public hearing.
Setbacks
(29) The setback distance between a WECS and a dwelling, within and without the project boundary,
shall be as established by the Alberta Utilities Commission through the calculations of AUC Rule
12.
(30) The WECS's tower shall be setback from the boundary of all County Road rights of way
(developed or undeveloped), a minimum distance equal to the total height of the tower plus 10
percent.
(31) A WECS tower shall be setback not less than four (4) times the total height of the tower from all
other property lines.
(32) If the tower utilizes guy wire anchors, the anchors, but not the tower, may be located no closer
than 3.0 m (10 ft.) to the property lines.
Minimum Blade Clearance
(33) The minimum vertical blade clearance from grade shall be 7.6 m (25 ft.) for a WECS employing a
horizontal rotor.
Tower Access and Safety
(34) To ensure public safety, the Development Authority may require that:
a.
If the tower is climbable, a security fence with a lockable gate, not less than 1.9 (6 ft.) in
height, shall be installed around a WECS tower;
b. No ladder or permanent tower access device shall be located less than 3.7 m (12 ft.) from
grade;
c. A locked device shall be installed on the tower to preclude access to the top of the tower;
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d. Additional access control features or such additional safety mechanisms or procedures may
be required by the Development Authority;
e. The use of tubular towers, with locked door access, will preclude the above requirements.
Speed Control
(35) The system shall be equipped with manual and automatic over speed controls.
(36) 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.
Electro-magnetism
(37) The system shall be operated such that any electro-magnetic interference is dealt with as per
the permit issued by the AUC. If electro-magnetic interference is determined during operation,
the developer will work with the affected stakeholder (s) to mitigate any issues.
Other Energy Systems
Application
(38) Development Permit applications for all other types of Alternate Energy production systems
shall be accompanied by the following information:
a. An accurate site plan showing and labelling:
i.
the legal location(s) of the proposed system,
ii. the location of the proposed system on the property or properties in relation to
property lines and existing or proposed buildings or structures,
iii. the location of the existing or proposed access,
iv. the identification of any sensitive environmental features,
v. the topography of the site,
vi. the method of exporting the energy off site - power lines, pipelines, vehicles, etc.
b. Detailed information on the type of facility, structure, or system of the energy process
involved
c. The manufacture's specifications, indicating (if applicable)
i.
the rated output in megawatts or gigajoules, and,
ii. the safety features;
d. Any information regarding public safety;
e. Information or verification of:
i.
the volume of water, if required,
ii. the source of the water, if required,
iii. the reclamation process of any water utilized by the system,
iv. the stormwater management system, if required,
v. the method of disposal of any waste material generated by the system,
vi. the generation and mitigation of any noise, vibration, odor, light, particulate that
results from the production process;
f. An analysis of the potential fire, explosive, or other hazards of the proposed system;
g. A Traffic Impact Assessment or other information / analysis of traffic volumes and any impacts
to the local road system;
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Setbacks
(39) The buildings and structures of non-solar and non-wind based Alternate Energy Development(s)
shall comply with all the setbacks established in the district in which it is located with the
following modifications:
a. A minimum of 250 m (820 ft.) from any residential dwelling, food establishment, institutional
use or public use, facility or building;
b. A minimum of 100 m (328 ft.) from the boundary of any creek, stream, river, lake shore or
water body.
Geothermal Systems
(40) All geothermal systems shall be Closed Loop systems. Open Loop systems (pump & dump) are
not allowed.
(41) Must comply with CSA-C448 and subsequent amendments. Exceptions may be allowed, at the
discretion of the Development Authority, provided documented proof is provided showing that
the exception meets or exceeds CSA-C448 standard.
(42) Installations must be stamped by a qualified Professional Engineer registered under the
"Engineering, Geological, or Geophysical Professions Act' of Alberta or have the system and
installer certified by the Canadian GeoExchange Coalition (CGC) or other future governing body
having jurisdiction within the Province of Alberta.
(43) Heat-transfer fluids within a geothermal system shall be of the most environmentally friendly
type available at the time of installation. In no case may an ethylene glycol-based fluid be used
nor shall any flammable or combustible agent such as methanol, ethanol, natural gas, or propane
be used.
Conditions of Approval for Any CAE
(44) Depending on the type of CAE proposed, the Development Authority shall consider, as limited
by Sections 619 and 620 of the Municipal Government Act, or not as the case may be, in addition
to any other conditions authorized under other sections of this Bylaw or Statutory Plan, attaching
conditions related to any of the following:
a.
Entering into a development agreement with the County in accordance with the Municipal
Government Act;
b.
Preparing by qualified professionals and at the Applicant's expense, all the necessary
studies, maps, diagrams, reports, and analysis, whether printed and / or digital, required
in support to their application;
c.
Confining all surface drainage on site and protecting any adjacent water bodies from run-
off;
d.
Treating any wastewater on site and / or disposing of any wastewater as required by the
County;
e.
Disposing of any non-wastewater liquids in accordance with the requirements of the
County;
f.
Storing / containing all feedstock and materials within buildings or containment facilities;
g.
Disposing of any other waste materials;
h.
Restricting vehicle / truck traffic, whether owned or contracted by the Applicant, that
transport construction material, raw material or feedstock or finished / processed goods
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associated with the development to designated haul routes and times through an
agreement and the provision of securities;
i.
Dust control measures;
j.
Sound control measures;
k.
Installing underground all energy transmission (whether electrical, liquid or gas) lines from
the site to the applicable collection point;
l.
Securing all necessary approvals from any other agency with jurisdiction on the type CAED
proposed and providing the County with a copy of the approval required;
m.
Identifying and providing for a staged or phased development;
n.
Placing restrictions on parts or elements of the proposed development, such as but not
limited to locations, heights, colors, densities, setbacks, etc.;
o.
Constructing or paying for the construction of any new or the upgrading of any existing
municipal infrastructure related to the project, such as but not limited to roads,
approaches, signage, water lines, and sewage lines;
p.
Requiring ground cover, weed control, grading, soil erosion control emergency / fire
suppression, and drainage measures;
q.
Specifying time periods to:
i.
start, suspend, and complete construction activities,
ii.
trigger decommissioning activities;
r.
Providing for the amenity of the site or development through improvements such as
landscaping, berming, and buffering; and,
s.
Any other condition or conditions necessary to give form and effect to the project.
7.36 INDIVIDUAL ALTERNATE ENERGY SYSTEMS
Purpose
The purpose of this section is to establish standards for Individual Alternate Energy (IAE)
developments, including but not limited to solar, wind, biofuel, geo-thermal, fuel cell, micro-hydro,
for use by households, agricultural operators, or individual business to meet some or all of their
energy needs on the subject site, or a site immediately adjacent to the subject site.
General Requirements for All Individual Systems
(1) No re-districting is required for a lot or site for an Alternate Energy System, Individual.
(2) A development permit is required for any Alternate Energy System, Individual, and such Systems
shall be considered a Discretionary Use.
(3) All applicable Safety Codes permits are required.
(4) If the subject site is located within lands subject to Alberta Transportation's jurisdiction, an
approved Roadside Development Permit from Alberta Transportation shall be required and
included with the Development Permit application. (For the purposes of Section 683.1(1) of the
Municipal Government Act, an application shall not be considered as received unless the
Roadside Development Permit is included with the application.)
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Solar Energy Conversion Systems Applications
(5) In addition to the requirements of Part 3 of this Bylaw, the application shall include:
a.
Information of any impacts to the County Road system such as, but not limited to
i.
Identification of the roads to be used to construct and operate the
development,
ii.
number, type of vehicle movements, and load weights,
iii.
expected time-period of movements: short-term, periodic, or ongoing,
iv.
need for any upgrading of an existing road,
v.
need for new approach or expansion of existing approach.
b.
For systems that are to be tied into the grid, evidence that the Utility Operator has been
informed of the Applicant's intent to install an interconnected customer-Owner generator.
c.
Documentation demonstrating that the system is designed to produce energy primarily for
the sole use and consumption on-site by the landowner, resident, occupant, or business;
d.
The manufacturer's specifications for the proposed system and rated output in kilowatts;
e.
A site plan showing the location, setbacks, and orientation of the solar collectors;
f.
For panels to be affixed to the wall of a building or accessory structure,
i.
a description of how the panels are to be mounted or affixed,
ii.
the maximum projection from the wall, and,
iii.
the structural capacity of the building and / or wall to support the proposed
development;
g.
For free-standing solar panels,
i.
a description of the proposed ground mount design,
ii.
the clearance to the bottom of the collectors, and,
iii.
the maximum height from existing grade,
iv.
the method of vegetation / weed control;
Glare
(6) Solar panels must be located such that they do not create glare onto neighboring properties or
public roadways.
Mounting and Projection
(7) Solar collectors mounted to the roof of a building or structure shall not extend beyond the
outermost edge of the roof.
(8) The maximum projection of any solar collectors affixed to a wall of a building or structure in a
residential District shall be:
a.
1.5 m (5 ft.) from the surface of a wall that faces a rear lot line; and,
b.
In all other cases 0.6 m (2 ft.) from the surface of any other wall.
Setbacks
(9) Freestanding solar collectors shall be subject to the setback requirements of the applicable Land
Use District or as required by Alberta Transportation, whichever is greater.
Height
(10) The maximum height of a freestanding solar collector shall not exceed 2.4 m (8 ft.).
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(11) For freestanding solar collectors, sufficient clearance shall be retained under the structure to
allow for weed control, grass cutting and for fire suppression.
Density
(12) The location of and maximum number of solar collectors per Title may be regulated by the
Development Authority.
Wind Energy Conversion Systems (WECS)
(13) Development Permit applications for a wind energy conversion system shall be accompanied by
the following information:
a.
Documentation demonstrating that the system is designed to produce energy primarily for
the sole use and consumption on-site by the landowner, resident, occupant, or business;
b.
The manufacturer's specifications indicating:
i.
the proposed systems rated output in kilowatts,
ii. the safety features,
iii. the sound characteristics,
iv. the type of material used in the tower, blade, and / or rotor construction;
c.
A site plan showing the location and setbacks of the WECS on the property;
d.
Drawings, drawn to scale, of the wind turbine structure, including the tower, base,
footings, and anchoring method. An engineering analysis of the Wind Turbine Tower
showing compliance with the International Building Code and certified by a licensed
professional mechanical, structural, or civil engineer shall also be submitted.
Documentation of this analysis supplied by the manufacturer shall be accepted.
e.
The potential for electromagnetic interference;
f.
The nature and function of over speed controls which are provided;
g.
The specifications on the foundations and / or anchor design, including the location and
anchoring of any guy wires;
h.
The location of any existing buildings or improvements on the property in relation to the
WECS;
i.
Evidence of compliance with applicable air traffic safety regulations. (Transport Canada
must be notified of the location - latitude and longitude - and height of all wind turbine
installations through the aeronautical clearance application process.)
(14) Prior to deciding upon an application for a WECS, the Development Authority may refer for the
review and comment, and consider any input received from the following entities:
a.
Alberta Utilities Commission,
b.
Alberta Transportation,
c.
Alberta Utilities Commission and the Alberta Energy Systems Operator for applications
proposing to connect to the grid,
d.
Transport Canada,
e.
Navigation Canada, and
f.
Any other person, departments, agency, or commission the Development Authority deems
necessary.
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(15) Individual WECS shall comply with the following standards:
a) There shall be a limit of one WECS per Titled area.
Setbacks
b) The WECS's tower shall be setback from all property lines a minimum distance equal to the
height of the tower, or the minimum setbacks set out in the applicable Land Use District, or as
required by Alberta Transportation, whichever is greater.
c) If the tower utilizes guy wire anchors, the anchors, but not the tower, may be located no
closer than 3.0 m (10 ft.) to the property lines.
Height
d) A WECS tower shall not exceed a maximum height of:
i.
12.1 m (40 ft.) on a parcel of less than 0.4 ha (less than 1 acre),
ii.
19.8 m (65 ft.) on a parcel 0.4 - 2.0 ha (1 - 5 acres),
iii.
24.4 m (80 ft.) on a parcel greater than 2.0 ha (5 acres).
Finish and Markings
e) The tower and supporting structures shall be painted or coated in tones and / or colors
matching the existing tones and / or colors of the principal building that are non-reflective and
non-glossy.
f) Brand names or advertising associated with the system or the system's installation shall not
be visible from any public place.
Illumination
g) Small Wind Turbine Towers shall not be artificially lit except as required by NavCanada.
Speed Controls
h) The system shall be equipped with manual and automatic over speed controls.
i) 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.
Tower Access and Public Safety
j) If the tower is climbable, a security fence with a lockable gate, not less than 1.9 (6 ft.) in
height, shall be installed around a WECS tower;
k) No ladder or permanent tower access device shall be located less than 3.7 m (12 ft.) from
grade;
l) A locked device shall be installed on the tower to preclude access to the top of the tower;
m) Additional access control features or such additional safety mechanisms or procedures may
be required by the Development Authority;
n) The use of tubular towers, with locked door access, will preclude the above requirements.
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Electro-magnetism
o) The system shall be operated such that any electro-magnetic interference is dealt with as
per the permit issued by the AUC. If electro-magnetic interference is determined during
operation, the developer will work with the affected stakeholder (s) to mitigate any issues.
Output
p) The system's maximum power output shall not exceed 5 kilowatts.
Noise Level
o) The noise generated by the system shall not exceed 60dB(A) or exceed more than 5dB(A)
above background sound, as measured at the exterior of the closest inhabited Dwelling (at the
time of installation or during operation), for wind speeds below 10 m per second (22 mph) and
except short-term event such as utility outages and / or severe windstorms.
Discontinuance
p) 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-WECS condition.
Applications for Other Individual Alternate Energy Systems
(16) Development Permit applications for all other types of Alternate Energy production systems
shall be accompanied by the following information:
a) Documentation demonstrating that the system is designed to produce energy primarily for
the sole use and consumption on-site by the landowner, resident, occupant, or business;
b) An accurate site plan showing and labelling:
vii.
the location of the proposed system on the property,
viii. the location of the proposed system in relation to any other buildings or
structures on the property,
ix.
the location of the existing or proposed access,
x.
detailed information on the type of facility, structure, or system, and
xi.
the energy process involved;
c) The manufacture's specifications, indicating (if applicable)
iii.
the rated output in megawatts or gigajoules,
iv.
the safety features, and,
v.
the sound characteristics;
d) Information on public safety regarding such aspects as fire hazards, chemicals used, storage
of hazardous materials, exposure to corrosive or and hazardous fumes;
e) Information or verification of:
i.
the volume of water, if required,
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ii.
the source of the water, if required,
iii.
the reclamation process of any water utilized by the system,
iv. the stormwater management system, if required, and,
v.
the method of disposal of any waste material generated by the system;
Geothermal Systems
(17)
All geothermal systems shall be Closed Loop systems. Open Loop systems (pump & dump)
are not allowed.
(18)
Must comply with CSA-C448 and subsequent amendments. Exceptions may be allowed, at
the discretion of the Development Authority, provided documented proof is provided
showing that the exception meets or exceeds CSA-C448 standard.
(19)
Installations must be stamped by a qualified Professional Engineer registered under the
"Engineering, Geological, or Geophysical Professions Act' of Alberta or have the system and
installer certified by the Canadian GeoExchange Coalition (CGC) or other future governing
body having jurisdiction within the Province of Alberta.
(20)
Heat-transfer fluids within a geothermal system shall be of the most environmentally friendly
type available at the time of installation such as propylene glycol. In no case may an ethylene
glycol-based fluid be used nor shall any flammable or combustible agent such as methanol,
ethanol, natural gas, or propane be used.
Conditions of Approval
(21)
Depending on the type of AES-Individual proposed, the Development Authority shall consider,
as limited by Sections 619 and 620 of the Municipal Government Act, or not as the case may
be, in addition to any other conditions authorized under other sections of this Bylaw or
Statutory Plan attaching conditions related to the following:
a. Entering into a development agreement with the County in accordance with the Municipal
Government Act;
b. Preparing by qualified professionals and at the Applicant's expense, all the necessary
studies, maps, diagrams, reports, and analysis, whether printed and / or digital, required
in support to their application;
c. Confining all surface drainage on site and protecting any adjacent water bodies from run-
off;
d. Treating any wastewater on site and / or disposing of any wastewater as required by the
County;
e. Disposing of any non-wastewater liquids in accordance with the requirements of the
County;
f. The methods of disposing of any other waste material;
g. Storing / containing all feedstock and materials within buildings or containment facilities;
h. Restricting vehicle / truck traffic, whether owned or contracted by the Applicant, that
transport construction material, raw material or feedstock or finished / processed goods
associated with the development to designated haul routes and times;
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i. Require the entering of a road use agreement and the provision of security;
j. Constructing or paying for the construction on any new road or approach required for the
development and / or upgrading or paying for the upgrading of an existing road or existing
approach required for the development;
k. Dust control;
l.
Sound control;
m. Installing underground all energy transmission (whether electrical, liquid or gas) lines from
the site to the applicable collection point;
n. Securing all necessary approvals from any other agency with jurisdiction on the type AES
proposed and providing the County with a copy of the approval required;
o. Identifying and providing for a staged or phased development;
p. Placing restrictions on parts or elements of the proposed development, such as but not
limited to locations, heights, colors, densities, setbacks, etc.;
q. Constructing or paying for the construction of non-municipal infrastructure related to the
project;
r. Requiring ground cover, weed control, grading, soil erosion control emergency / fire
suppression, and drainage measures;
s. Specifying time periods to:
iii.
start, suspend, and complete construction activities,
iv.
trigger decommissioning activities;
t. Providing for the amenity of the site or development through improvements such as
landscaping, berming, and buffering; and,
u. Any other condition or conditions necessary to give form and effect to the project.
7.37 WORK CAMPS
(1)
All work camps that meet any of the following and are an accessory use to industrial or
resource development, require a development permit:
a. Fourteen days in duration;
b. Minimum of five workers;
c. Minimum of three and a maximum of 50 recreation vehicles;
d. Minimum of one prefabricated multi accommodation unit; and
e. Minimum of one prefabricated eating/washroom/shower unit.
(2)
A temporary development permit for a work camp may be issued for one to one (1) year, at
which time an application may be made for a continuance for the use for one (1) additional
year, after which a new development permit approval is required. Notwithstanding, camps
consisting of recreation vehicles are only permitted between April 1 and December 1.
(3)
An application for a development permit for a work camp must provide the following
information:
a. The location, type and purpose of the camp;
b. Adjacent land uses;
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c. The method of supplying water, sewage and solid waste disposal service to the camp. The
proposed method of sewage disposal must comply with the current Alberta Private
Sewage Systems Standard Practice and be to the satisfaction of the health authority;
d. The number of persons proposed to live in the camp;
e. Demonstrate approval from Alberta Sustainable Resources if the camp is located on Crown
land;
f. The start date for development, the date for occupancy of residents, and removal date for
the camp; and
g. Emergency Response Plan;
h. Fire Smart Plan where required;
i. Stormwater Management Plan;
j. Information respected which County roads are needed to access the site. Enter into a road
use agreement with the County to ensure that the work camp undertakes to repair any
damage cause to County roads;
k. Reclamation measures once the camp is no longer needed. Post security with the County
of St. Paul No. 19 with sufficient funds to remove and reclaim the site if the work camp
remains on site after the project is completed or if work has stopped to the extent that the
County no longer feels the work camp is necessary for the project, or to reclaim the site if
needed after the work camp has been removed from the site.
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PART 8 - LAND USE DISTRICTS - USES AND REGULATIONS
8.1
ESTABLISHMENT OF LAND USE DISTRICTS
(1)
For the purposes of this Bylaw the County of St. Paul No. 19 is divided into the following districts:
Figure 10 - Land Use Districts
Agriculture (A) District
General Urban (U) District
Country Residential One (CR1) District
Country Residential Two (CR2) District
Light Industrial Residential (IR) District
Industrial/Commercial (IC) District
Direct Control (DC) District
Linear Parcel Direct Control (LPDC) District
Recreation Vehicle (RV) District
Overlay Districts
(2)
The boundaries of the districts listed in this Bylaw are as delineated in PART 10, LAND USE
DISTRICT MAP.
(3)
Where uncertainty exists as to the boundaries of districts as delineated in the LAND USE
DISTRICT MAP, the following rules shall apply:
a. Where a boundary is shown as following a street, lane, or canal, it shall be deemed to
follow the centre line thereof.
b. Where a boundary is shown as approximately following a lot line, it shall be deemed to
follow the lot line.
c. In circumstances not cover by Rules 1 and 2, the location of the district boundary shall be
determined: where dimensions are set out on the LAND USE DISTRICT MAP, by the
dimensions so set, or where no dimensions are set out on the LAND USE DISTRICT MAP
with respect to such boundary, by measurement of and use of the scale shown on the
LAND USE DISTRICT MAP.
(4)
Where the application of the above rules does not determined the exact location of the
boundary of a district, the Council, either on its motion or upon written application being
made to it by any person requesting the determination of the exact location of the boundary,
shall fix the portion of the district boundary in doubt or dispute in a manner consistent with
the provisions of this Bylaw and the degree of detail as to the measurements and directions
as the circumstances may require.
(5)
The Development Authority shall maintain a list of its decisions with respect to boundaries or
portions thereof fixed by it.
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8.2
AGRICULTURE (A) DISTRICT
(1)
Purpose:
a. The primary purpose of the Agriculture District is to preserve agriculturally productive land
and encourage the development of those agricultural activities associated with farming.
The District also provides for the development of non-agricultural operations based on the
potential capability, suitability and environmental compatibility of the land to support the
use.
(2)
Permitted Uses:
a. Buildings and Uses Accessory to Permitted Uses
b. Extensive Agriculture
c. Greenhouse or Plant Nursery
d. Individual Alternate Energy
e. Manufactured Home (with)
f. Minor Home Occupations
g. Public Utility Buildings and Installations
h. Single Detached Dwellings
i. Transfer Stations
(3)
Discretionary Uses:
a. Agricultural Service Centres
b. Basement Suites
c. Bed and Breakfast Establishments
d. Buildings and Uses Accessory to Discretionary Uses
e. Commercial Alternate Energy
f. Day Care Facilities
g. Extensive Recreation
h. Garage Suites
i. Institutional and Public Uses
j. Intensive Agriculture
k. Intensive Recreation
l. Kennels
m. Major Home Occupations
n. Manufactured Home Parks
o. Manufactured Home (without)
p. Natural Resource Extraction and Processing
q. Social Care Facilities
r. Stockpiling of Aggregate for Sale
s. Veterinary Clinics
t. Work Camp
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(4)
Regulations:
a. Minimum Lot Size. For extensive agriculture, 25.0 ha (61.8 ac.), except where the lot is
subject to the following exemptions: where the lot is fragmented by a natural or man-
made barrier; where roadway and/or railroad plans have been removed from the lot;; the
remainder of a lot where a single residential lot subdivision has occurred.
b. Minimum Lot Size single lot country residential development and farmstead separations
- minimum lot size not less than 0.4 ha (1.0 ac.); all other uses as regulated by the land
use provisions; if not specified, to be determined by the Development Authority.
c. Maximum Lot Size For Country Residential
Lot- Shall be 4.04 ha (10 acres) on vacant
agricultural land, and 8.09 ha (20 acres),
as shown in Figure 11, on existing yard
sites, notwithstanding farmstead
separations as defined by this bylaw.
d. Maximum Building Height: Dwelling units
- 10.0 m (32.8 ft) and two storeys;
Accessory buildings - At the discretion of
the Development Authority.
e. Minimum Required Yards:
i.
Minimum Required Front Yard
County Road - 40 m (130 ft) from
the centre line of the road; Major
and Minor Two-Lane Highways - 70
m (230 ft) from the centre line or 40
m (131.2 ft) from the boundary of the right-of-way, whichever is greater.
ii.
Minimum Required Side and Rear Yards 12 m (39.4 ft) except in the case of a Corner
Lot, where the minimum required side yard from the side line adjacent to the road
or highway shall be as required for the front yard.
f. Lot Density: up to four (4) parcels for residential use may be subdivided out of each
quarter section.
FIGURE 11: MAXIMUM SIZE FOR A COUNTRY
RESIDENTIAL LOT
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g. The total combined area of all
residential use parcels shall not
normally exceed 8.09 ha (20 ac), as
shown in Figure 12. Such residential
parcels may include any combination
of farmsteads and vacant parcels and
may include fragmented residential
parcels.
h. Notwithstanding
(g)
where
the
subdivision being proposed is to
accommodate an existing farmstead,
the proposed parcel(s) may exceed the
maximum area identified in (g) if the
additional
land
is
required
to
accommodate
existing
farmstead
improvements
or
site
features.
Farmstead improvements and site features may include:
a. Single detached dwellings, barns, shops, corals, shelterbelts, driveways, utilities,
private sewage disposal systems and dugouts, the proposed parcel size is the
minimum amount necessary to accommodate on-site amenities, services,
shelterbelts and/or woodlots, and areas with no agricultural value
b. Poor quality soils, wetlands, significant slopes or lands that would otherwise be
fragmented from the balance of the quarter section."
i.
The development of any additional parcels in a quarter section shall require rezoning to a
country residential district.
j. A vacant residential parcel shall not be less than 0.4 ha (1 ac) in size and not more than 4
.04 ha (10 acres) in size for vacant residential parcels.
k. 80 Acre Splits: If a quarter section has been previously subdivided into agricultural use
parcels, only one (1) residential parcel may be subdivided from each half
l.
Fragmented parcels less than 8.09 ha (20
ac) in size, shall be considered a residential
parcel, as shown in Figure 13. Subdivision
of fragmented parcels larger than 8.09 ha
(20 ac) in area shall be agricultural parcels.
In the case of a fragmented parcel used or
intended to be used as a residential site,
the adequacy of the parcel shall be
determined by the Subdivision Authority.
Fragmented parcels which do not have a
building site which would meet the yard
and setback requirements of this Bylaw,
which building site is readily accessible
from a constructed road or highway, shall
FIGURE 12: TOTAL COMBINED AREA OF 8.09 HA/20 ACRES
FIGURE 13: FRAGMENTED PARCEL LESS THAN 8.09
HA/20 ACRES
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not be approved by the Subdivision Authority.
m. A farmstead parcel, as defined in this
bylaw, shall be considered a parcel for
residential use. Farmstead parcels shall
be a maximum of 8.09 ha (20 ac) in size,
as shown in Figure 14, unless a larger
size is required to accommodate
existing improvements at the discretion
of the Subdivision Authority.
FIGURE 14: MAXIMUM AREA FOR A FARMSTEAD
PARCEL10
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8.3 GENERAL URBAN (U) DISTRICT
(1)
Purpose:
a. The purpose of the General Urban District is to provide for the continued viability and
orderly infilling of urban type development in the District.
(2)
Permitted Uses:
a. Basement Suites
b. Buildings and Uses Accessory to Permitted Uses
c. Duplexes
d. Garage Suites
e. Individual Alternate Energy
f. Manufactured Home (with)
g. Minor Home Occupations
h. Retail Store
i.
Single Detached Dwellings
(3)
Discretionary Uses
a. Amusement Establishments, Indoor
b. Apartment Buildings
c. Bed and Breakfast Establishments
d. Buildings and Uses Accessory to Discretionary Uses
e. Cannabis Retail Establishment
f. Day Care Facilities
g. Eating and Drinking Establishment
h. Extensive Recreation
i. Residential Care Facility
j. Fourplex
k. Hotels
l. Intensive Recreation
m. Institutional and Public Uses
n. Liquor Store
o. Major Home Occupations
p. Manufactured Home Parks
q. Manufactured Home (without)
r. Motels
s. Row Houses
t. Service Station or Gas Bar
u. Social Care Facilities
v. Uses listed as Permitted or Discretionary Uses in the Industrial/ Commercial (IC) District,
excluding Auto Wreckers and Natural Resource Extraction and Processing Industries
(4)
Regulations:
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Figure 15 - Minimum Lot Sizes For Residential Development
Services
Minimum Width
Minimum Length
Minimum Area
Unserviced
30m (98.4 ft)
40m (131 ft)
2000sq m (21,528 ft²)
Water and
Sewage
Services
15m (49 ft)
30m (98.4 ft)
464sq m (4,994 ft²)
Sewage Only
22.5m (74 ft)
40m (131 ft)
925sq m (9,957 ft²)
Water Only
30m (98.4 ft)
40m (131 ft)
1375sq m (14,801 ft²)
a. Minimum Yard Requirements:
ii)
Front Yard - 7.7m (25 ft);
iii) Rear Yard - 7.7m (25 ft); and
iv) Side Yard - 2.4m (8 ft).
b. Maximum Building Height:
i)
Single Detached Dwellings - 10m (32.8ft) and 2 storeys; and
ii)
Accessory Buildings - As per Section 7.2 of this Bylaw
c. Relating to All Other Uses - at the discretion of the Development Authority.
d. The following regulations are specific to the Hamlet of Lottie Lake only:
i)
A maximum of two recreational vehicles, either mobile or fixed, are allowed on a lot
in Lottie Lake.
ii)
No development permit shall be required for the placement of a maximum of two
recreation vehicles on a lot if those recreation vehicles have no accessory buildings
or structures, such as porches / decks, associated with any of them.
iii)
A development permit shall be required for the placement of any accessory
buildings or structures associated with any recreation vehicles on a lot. The issuance
of such a development permit shall be considered entirely discretionary.
iv)
The number of recreation vehicles on a parcel, may, on occasion, exceed the
maximum of 2 subject to: provisions satisfactory to the Development Authority
being made for the disposal of sewage; and the maximum period of time when
more than two recreation vehicles are on site shall not exceed five (5) consecutive
days.
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8.4 COUNTRY RESIDENTIAL ONE (CR1) DISTRICT
(1)
Purpose:
a. The general purpose of this District is to provide for specific areas where multi-lot country
residential development may take place within various parts of the County.
(2)
Permitted Uses:
a. Buildings and Uses Accessory to Permitted Uses
b. Individual Alternate Energy
c. Manufactured Home (with)
d. Minor Home Occupations
e. Single Detached Dwellings
(3)
Discretionary Uses:
a. Basement Suites
b. Bed and Breakfast Establishments
c. Buildings and Uses Accessory to Discretionary Uses
d. Day Care Facilities
e. Extensive Agriculture
f. Extensive Recreation
g. Garage Suites
h. Institutional and Public Uses
i. Manufactured Home (without)
j. Public Utility Buildings and Installations
k. Resort Commercial Uses
(4)
Regulations:
a. Minimum Lot Size:
i. Uses within 122 m (400 ft) of a lake - In the case of a development permit,
0.2 ha (0.5 ac.) of land which, in the opinion of the Development Authority,
is developable. In the case of a subdivision application, 0.2 ha (0.5 ac.) of
land which, in the opinion of the Subdivision Authority, is developable land.
ii. Uses more than 122 m (400 ft) from a lake - In the case of a development
permit, 0.4 ha (1 ac.) of land which, in the opinion of the Development
Authority, is developable. In the case of a subdivision application, 0.4 ha (1
ac.) of land which, in the opinion of the Subdivision Authority, is developable
land.
b. Minimum Required Yards:
i.
Front and Corner: Internal Local Road - 7.7 m (25 ft) from the boundary of the right-
of-way; Grid Road - 39.6 m (130 ft) from the centerline of a County road; and Major
and Minor Two-Lane Highways - 70 m (230 ft) from the centre line or 40 m (131.2 ft)
from the boundary of the right-of-way, whichever is greater.
ii.
Side - 6.1 m (20 ft) each; and
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iii.
Rear - 7.7 m (25 ft).
c. Minimum Floor Area: Single detached dwellings/manufactured homes - 74.3 m² (800 ft²).
d. Maximum Building Height: Dwelling units - 7.7 m (25 ft) and two storeys on properties
adjacent to water bodies or lakes; 10.0 m (32.8 ft) and two storeys on all other properties;
Accessory buildings - as per Section 7.2 of this Bylaw.
e. Recreational Vehicles:
i.
A maximum of two recreational vehicles, either mobile or fixed or combination
thereof, are allowed on a lot.
ii.
No development permit shall be required for the placement of a maximum of two
recreation vehicles on a lot if those recreation vehicles have no accessory buildings or
structures, such as porches / decks, associated with any of them.
iii.
A development permit shall be required for the placement of any accessory buildings
or structures associated with any recreation vehicles on a lot. The issuance of such a
development permit shall be considered entirely discretionary.
iv.
A The number of recreation vehicles on a parcel, may, on occasion, exceed the
maximum of 2 subject to: provisions satisfactory to the Development Authority being
made for the disposal of sewage; and the maximum period of time when more than
two recreation vehicles are on site shall not exceed five (5) consecutive days.
f. The re-subdivision of lots in the CR1 District into smaller parcels will only be allowed: if the
subdivision was initially designed to allow for such re-subdivision, or if the subdivision
currently has a mixture of lot sizes, and if all other regulations of this Land Use Bylaw are
satisfied.
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8.5
COUNTRY RESIDENTIAL TWO (CR2) DISTRICT
(1)
Purpose:
a. The general purpose of this District is to provide for specific areas where multi-lot country
residential development may take place under substantial development restrictions within
various parts of the County. Neither manufactured homes nor the occupancy of
recreational vehicles shall be allowed in this District.
(2)
Permitted Uses:
a. Buildings and Uses Accessory to Permitted Uses
b.Individual Alternate Energy
c. Minor Home Occupations
d.Single Detached Dwellings
(3)
Discretionary Uses:
a. Basement Suites
b. Bed and Breakfast Establishments
c. Buildings and Uses Accessory to Discretionary Uses
d. Day Care Facilities
e. Extensive Agriculture
f. Extensive Recreation
g. Garage Suites
h. Individual Alternate Energy
i. Institutional Buildings and Uses
j. Public Utility Buildings and Installations
(4)
Regulations:
a. Minimum Lot Size:
i.
In the case of a development permit, 0.4 ha (1.0 ac.) of land which, in the opinion of
the Development Authority, is developable. In the case of a subdivision application,
0.4 ha (1.0 ac.) of land which, in the opinion of the Subdivision Authority, is
developable land.
b. Minimum Required Yards:
i.
Front and Corner - Internal Local Road - 7.7 m (25 ft) from the boundary of the right-
of-way; Grid Road - 39.6m (130') from the centerline of a County road; and Major
and Minor Two-Lane Highways - 70 m (230 ft) from the centre line or 40 m (131.2 ft)
from the boundary of the right-of-way, whichever is greater.
ii.
Side - 6.1 m (20 ft) each; and
iii.
Rear - 7.7 m (25 ft).
c. Minimum Floor Area - Single detached dwellings - 111.5 m² (1,200 ft²).
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d. Maximum Building Height - Dwelling units - 7.7 m (25 ft) on properties adjacent to water
bodies or lakes; 10.0 m (32.8 ft) on all other properties. Accessory buildings - As per
Section 7.2 of this Bylaw.
e. The re-subdivision of lots in the CR2 District into smaller parcels will not be permitted.
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8.6
LIGHT INDUSTRIAL RESIDENTIAL (IR) DISTRICT
(1)
General Purpose of District:
a. This land use district is generally intended to establish an area of; limited light industrial
uses; and those commercial uses which provide service to industrial uses or which, as a
result of their nature, are better suited in an industrial area, and with residential
development. Any residential development is to be associated directly with, but secondary
to a limited industrial development. The uses in this Land Use district are not intended to
cause any objectionable or dangerous conditions beyond the confines of the building in
which they are located, and residential uses are to have adequate screening and amenity.
Storage areas must be screened from public view and the view of the residential uses on
adjacent properties.
(2)
Permitted Uses:
a. Buildings and Uses Accessory to Permitted Uses
b. Greenhouse or Plant Nursery
c. Individual Alternate Energy
d. Industrial, Light
e. Institutional and Public Use
f. Kennel
g. Manufactured Home (with)
h. Mini-storage with or without outside storage areas
i. Repair Service Establishment
j. Retail Store
k. Single Detached Dwellings
l. Surveillance Suite
m. Truck and Equipment Storage and Repair Shops
n. Trucking Establishment
o. Veterinary clinic
(3)
Discretionary Uses:
a. Buildings and Uses Accessory to Discretionary Uses
b. Industrial, Medium
c. Manufactured Home (without)
d. Public Utility Buildings and Installations
e. Transportation service provider
(4)
Regulations
a. Residential Component Amenity:
i.
The Development Authority cannot approve a Residential Use of any type on a
parcel until an active industrial use of the parcel including an industrial/commercial
building of at least 150 m², exists or is in the process of being developed on the
property.
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ii.
The residential uses, where detached from the industrial use area, shall be
sufficiently separated and screened from the industrial use on the same or adjacent
parcel as may be deemed necessary by the Development Authority.
iii.
Except as noted in 4a.(ii) and 4a.(v) a minimum separation between the
industrial/commercial structures and the residential structures shall be no less than
10 m.
iv.
The residence may be placed in the front of the lot, if the Development Authority is
satisfied adequate separation and screening is provided from adjacent industrial use
or the adjacent industrial does not unduly detract from the amenity of the
residence.
v.
The residence may be combined with a portion or all of this industrial use if the
Development Authority is satisfied adequate amenity provisions for the residential
use are provided.
b. Parcel Dimensions:
i.
Width - Shall be no less than 40 m except in the case of parcel located on curves or
cul-de-sacs, which shall maintain a minimum frontage of 30 m with a width of 35 m
at the front yard setback line.
ii.
Depth - Shall be no less than 100 m.
c. Area:
i.
Minimum parcel area of 1.0 ha. (2.5 ac)
ii.
Maximum parcel area of 4.0 ha. (9.9 ac)
d. Parcel Coverage:
i.
If there is a detached residential component: The Industrial/commercial component
for all combined uses, parking, outside storage, driveways and buildings, the total
parcel coverage shall not exceed 50% of the parcel area. The minimum residential
component including all building, accessory structures, parking, landscaping and
amenities related to the residence shall be 25% of the parcel. The area required for
landscaping, screening, driveways, buffering, shall be 25% of the parcel area.
ii.
If there is no detached residential component, for all combined uses, parking,
outside storage, driveways and building, total parcel coverage shall not exceed 75%
if the parcel area.
e. Minimum Setback Requirements:
i.
Front Yard: Internal Local Road - 12.1 m (39.7') from the boundary of the right-of-
way; Grid Road - 39.6m (130') from the centerline of a County road; Major and
Minor Two-Lane Highways - 70 m (230') from the centre line or 40 m (131') from the
boundary of the right-of-way, whichever is greater.
ii.
Minimum Required Side and Rear Yards -12 m (39'), except in the case of a Corner
Lot, where the minimum required side yard from the side line adjacent to the road
or highway shall be as required for the front yard.
f. Maximum Building Height:
i.
Dwelling units - 10.0 m (32.8 ft).
ii.
Accessory buildings - 7.6 m (25.0 ft).
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8.7
INDUSTRIAL/COMMERCIAL (IC) DISTRICT
(1)
Purpose:
a. The primary purpose of the Industrial/Commercial District is to provide for the
development of industrial and commercial enterprises which generally are compatible
with one another.
(2)
Permitted Uses:
a. Agricultural Service Centres
b. Buildings and Uses Accessory to Permitted Uses
c. Commercial Service Centre
d. Eating and Drinking Establishments
e. Individual Alternate Energy
f. Industrial, Light
g. Institutional or Public Uses
h. Personal Service Shops
i. Repair service Establishment
j. Retail Store
k. Service Station or Gas Bar
l. Truck and Equipment Storage and Repair Shops
m. Trucking Establishment
(3)
Discretionary Uses:
a. Amusement Establishments, Indoor
b. Amusement Establishments, Outdoor
c. Auto Wrecker
d. Bingo Halls
e. Buildings and Uses Accessory to Discretionary Uses
f. Cannabis Production Facility
g. Cannabis Retail Establishment
h. Gambling Machine Establishments
i. Hotels
j. Industrial, Heavy
k. Industrial, Medium
l. Intensive Agriculture
m. Liquor Stores
n. Mini Storage with or without outside storage areas
o. Motels
p. Natural Resource Extraction and Processing
q. Stockpiling of Aggregate for Sale
r. Surveillance Suites
s. Veterinary Clinics
t. Work Camps
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(4)
Regulations
a. Lot Size: The maximum and minimum lot size shall be as determined by the Development
Authority.
b. Minimum Required Yards:
i.
Minimum Required Front Yard: Internal Local Road - 12.1 m (39.7 ft) from the
boundary of the right-of-way; Grid Road - 39.6m (130') from the centerline of a
County road; Major and Minor Two-Lane Highways - 70 m (230 ft) from the centre
line or 40 m (131.2 ft) from the boundary of the right-of-way, whichever is greater.
ii.
Minimum Required Side and Rear Yards 12 m (39.4 ft), except in the case of a Corner
Lot, where the minimum required side yard from the side line adjacent to the road
or highway shall be as required for the front yard.
c. Building Height: The maximum height of buildings shall be at the discretion of the
Development Authority who shall consider the design, siting and screening of the
proposed development in order to minimize any objectionable aspects or incompatibilities
as a result of an increased height of a building or structure beyond what would normally
be found in the land use district or adjacent land use districts; but, in no case shall the
height of any building exceed 10.0 m above grade.
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8.8 LINEAR PARCEL DIRECT CONTROL (LPDC) DISTRICT
(1)
Purpose:
a. The purpose of the Linear Parcel Direct Control District is to give the County of St. Paul No.
19 Council the authority to decide upon uses that relate to linear parcels of land, as these
lands can affect agriculture and a large number of residents.
(2)
Permitted Uses:
a. Any use and development Council considers appropriate
(3)
Regulations:
a. All regulations shall be at the discretion of Council, having regard to the other provisions of
this Bylaw.
(4)
Procedure for the Consideration of Development Permits
Prior to making on a decision on an application for a development permit in the LPDC
District, Council shall:
i.
Cause a notice to be issued by the Development Officer in the same manner as
indicated for approved development permits for discretionary uses in Section 3.4(4)
of Part 3 of this Bylaw, and
ii.
Hear any persons that may claim to be affected by the proposed development.
b. Council may then act as Development Authority for the development permit application.
c. When the County of St. Paul No. 19 is, itself, the applicant for development, prior to
making a decision on an application for a development permit, the Council should seek
comments from other agencies such as the planning advisor, regional health authority,
and/or applicable provincial government departments.
d. Pursuant to Section 641(4)(a) of the Act, no appeal to the Subdivision and Development
Appeal Board lies in respect of the issuance of a development permit within the Linear
Parcel Direct Control (LPDC) District that was made by the Council.
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8.9 DIRECT CONTROL (DC) DISTRICT
(1)
Purpose:
a. To enable and permit Council to regulate and control the use, development and
subdivision of land or buildings in any such manner as Council may by resolution consider
necessary in an area designated as a Direct Control District on the Land Use District Map in
Part 10 of this Bylaw.
(2)
Council shall consider the application and designation of Direct Control Districts to those
specific sites or area of the County where:
a. Development regulation and control by means of the other Land Use Districts provided for
in this Bylaw may be inappropriate or inadequate having regard to existing or future
developments and to the interests of the applicant, the County, the public generally; or
b. An approved statutory plan for the area could be more effectively implemented through
the application of a Direct Control District;
c. Marshalling and laydown yards are proposed;
d. A proposed development is of a unique form or nature not contemplated or reasonably
regulated by another Land Use District provided for in this Bylaw.
(3)
Uses and Requirements:
a. Council shall decide on all development permit applications. The determination of
appropriate uses and applicable development requirements within an area designated as a
Direct Control District shall be approved by Council when considering any particular
development permit application. An application for development may be refused
approval with or without conditions. Council may require any and all information it deems
necessary to make a proper decision.
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8.10 DIRECT CONTROL HUTTERIAN BRETHREN CHURCH OF STONY CREEK
(DCHBCSC) DISTRICT (2020-16)
(1) Purpose:
a. The general purpose of this district is to provide for a range of residential, agricultural,
institutional, and other uses normally associated with a Hutterite Colony. This district also
provides for potential commercial and industrial manufacturing uses.
b. These regulations apply to the lands described as the SE 21-58-11-W4M, SW 22-58-11-W4,
and Lot 1, Block 1, Plan 1525083.
(2) Permitted Uses:
a. Buildings and Uses Accessory to Permitted Uses
b. Extensive Agriculture
c. Individual Alternate Energy
d. Manufactured Home (with)
e. Single Detached Dwellings
(3) Discretionary Uses:
a. Agricultural Service Centres
b. Buildings and Uses Accessory to Discretionary Uses
c. Greenhouse or Plant Nursery
d. Institutional and Public Uses
e. Intensive Agriculture
f. Kennels
g. Manufactured Home (without)
h. Duplexes
i. Fourplexes
j. Row Houses
k. Industrial, Light
l. Industrial, Medium
m. Repair Service Establishment
n. Natural Resource Extraction and Processing
o. Public Utility Buildings and Installations
(4) Regulations:
a. Council shall delegate Development Authority to the Development Officer for all
permitted uses. Council shall be Development Authority and decide on all development
permit applications for discretionary uses. The determination of appropriate uses and
applicable development requirements within an area designated as a Direct Control
District shall be approved by Council when considering any particular development permit
application. An application for development may be refused approval with or without
conditions. Council may require any and all information it deems necessary to make a
proper decision.
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i. The maximum density for residential uses shall be at the discretion of the
Development Authority who may require the development permit application for a
residential use to be accompanied by an outline plan or conceptual scheme which
identifies:
1. The type and number of dwelling units proposed in each stage;
2. Internal access road and parking areas;
3. Servicing plans including: potable water, wastewater and stormwater;
4. Lot grading and drainage information;
5. Any other information required by the Development Authority to determine the
suitability of the site for the proposed use
b. Subdivision shall not be permitted within the Hutterian Brethren Church of Stony Creek
Direct Control District.
i. Notwithstanding Part 8.10(4)(b.1), subdivision in this district may be allowed
to accommodate Institutional and Public Uses or Public Utility Buildings and
Installations, at the discretion of the subdivision authority.
c. All buildings shall provide sanitary sewage in compliance with the Alberta Private Sewage
Systems Standard of Practice and to the satisfaction of the Development Authority.
d. The availability and suitability of on-site water shall be confirmed and will be licensed
under the provisions of the Water Act. Communal water systems shall not be allowed
unless the municipality of satisfied that the system meets all Provincial regulations.
e. Storm drainage facilities shall be provided to the satisfaction of the Development
Authority.
f. Maximum Building Height: Dwelling units - 10.0 m (32.8 ft) and two storeys; Accessory
buildings - At the discretion of the Development Authority.
g. Minimum Required Yards:
iii.
Minimum Required Front Yard County Road - 40 m (130 ft) from the centre line of
the road;
iv.
Minimum Required Side and Rear Yards 12 m (39.4 ft).
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8.11 RECREATION VEHICLE (RV) DISTRICT
(1)
Purpose:
a. To provide for the creation of recreation vehicle communities and the accommodation of
persons in recreation vehicles.
(2)
Permitted Uses:
a. Recreation Vehicle
b. Buildings and Uses Accessory to Permitted Uses
c. Individual Alternate Energy
(3)
Discretionary Uses:
a. None
(4)
Requirements for Development:
a. All internal roads are to be the responsibility of the developer for both construction and
future maintenance. Internal roads shall have a minimum of a 6 metre usable top, except
for one-way roads which shall have a minimum of 3.65 metre usable top.
b. The developer shall provide a means of water and sanitary service to the satisfaction of
the Development Authority.
c. As a condition of approval, the Development Authority shall require the developer to
obtain any necessary permits and approvals from all statutory authorities and agencies
having jurisdiction over this type of development.
d. As a condition of approval, a development agreement may be required. The development
agreement may require the developer to construct, upgrade or pay to construct or
upgrade the necessary County roads to access the development.
e. All stalls shall maintain a minimum setback of 30 metres from the shoreline of any body of
water or lake.
f. If the development is adjacent to a lake, the developer shall provide reasonable and
adequate lake access.
(5)
Regulations:
a. Recreation vehicles may be located within the recreational vehicle park for greater than 90
days in a calendar year and may be occupied for more than 90 days in any calendar year.
b. The gross floor area of an accessory buildings constructed or placed shall not exceed 10 m²
(108 ft²).
c. An open deck or patio with or without a canopy may be constructed provided it does not
exceed a floor area of 32.5 m² (350 ft²).
d. Not more than 33%, or 11.2 m² (120 ft²), of open deck or patio area may be enclosed.
e. Not more than 5% of the gross park area shall be used for an accessory storage area.
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(6)
Density:
a. Not more than 25 recreational vehicles spaces for the siting, location, or support of
recreational vehicles shall be developed per hectare of land, or portion thereof.
b. Not more than one recreation vehicle shall be parked or placed on a recreational vehicle
space.
c. Not more than one accessory building and one open deck shall be constructed or placed
on a recreational vehicle space.
(7)
Lot Area:
a. The minimum lot area shall not be less than 2.0 hectares (4.9 acres).
b. The minimum recreation vehicle space shall not be less than 200 m² (2,160 ft²).
(8)
Yard Requirements:
a. Front Yard Setback - 6.0 m (19.7 feet).
b. Rear Yard Setback - 6.0 m (19.7 feet).
c. Side Yard Setback - 1.5 m (4.9 feet), except where it abuts a public roadway 3.0 m, or as
required by the Alberta Building Code, whichever is greater.
(9)
Height of Buildings and Fences:
a. Accessory Building - 2.4 metres (7.9 feet).
b. Fence - 2.0 metres (6.6 feet).
(10) Amenity Area:
a. Where the density of the park is less than or equal to 12 recreation vehicles per hectare,
the establishment of an amenity area is not required.
b. Where the density of the park is greater than 12 recreation vehicles per hectare, but less
than or equal to 20 recreation vehicles per hectare, an amenity area comprising 10% of the
gross lot area shall be established.
c. Where the density of the park exceeds 20 recreation vehicles per hectare, an amenity area
comprising 15% of the gross lot area shall be established.
d. For the purpose of calculating amenity area, any indoor recreation space or facility
provided may be counted as double the actual area.
e. The amenity area shall not include landscape buffer areas, parking areas, recreation
vehicle spaces, roadways, or accessory storage areas.
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(11) Landscaping:
a. All mechanical, electrical, or other service equipment located outside of a building shall be
screened from adjacent properties and streets by ornamental structures, landscaping, or
by other means.
b. All outdoor storage and refuse receptacle areas shall be screened to the satisfaction of the
Development Authority.
c. The perimeter of an accessory storage area shall be screened by a solid fence not less than
2.0 metres (6.6 feet) in height.
(12) Site Requirements:
a. A site plan detailing the protection of existing treed areas and site topography may be
required prior to issuance of a permit for recreational development.
b. Spaces for day use, picnicking, camping and similar activities shall be suitably organized,
clearly marked, and constructed to the satisfaction of the Development Authority.
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8.12 OVERLAY DISTRICTS
(1)
Purpose:
a. The purpose of Part 8.12 of the Land Use Bylaw is to facilitate the implementation of
specific goals and objectives of adopted statutory land use plans, including Inter-municipal
Development Plans and Area Structure Plans or any other policy plan adopted by Council,
and are generally referred to as Statutory Plan Overlays. Because of the nature of the
goals, no one District can fulfill the objectives as they transcend land use district
boundaries, as they generally relate to existing developed areas and their purpose is to
limit or control the type, style, and density of development.
b. In determining a development permit application for uses within lands identified by an
Overlay District, the Development Authority shall ensure that any development permit
approvals comply with the regulations of the applicable Overlay District.
(2)
Application:
a. All of the Overlay Districts contained within this Part are applied and interpreted in the
same manner with the underlying District; its purpose, regulations and standards are read
in conjunction with the Overlay District, but that the underlying District is considered
subordinate where there is a discrepancy between the two Districts.
b. To determine which lands are subject to the provisions of any of the following Overlay
Districts the user of this Land Use Bylaw must refer to Part 10: Land Use District Map.
(3)
Overlay Districts:
Inter-municipal Development Plan (St. Paul)
a. Inter-municipal Development Plan (Elk Point)
b. Area Structure Plan (Garner Lake)
c. Area Structure Plan (Lac Sante)
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PART 9 - ADOPTION
9.1 ADOPTION
(1)
Bylaw No.2013-50 as amended, is hereby repealed.
(2)
This Bylaw comes into effect on the date of it being finally passed.
READ A FIRST TIME THIS 14TH DAY OF SEPTEMBER A.D. 2021.
READ A SECOND TIME THIS 12TH DAY OF OCTOBER A.M. 2021.
READ A THIRD TIME AND FINALLY PASSED THIS 12TH DAY OF OCTOBER A.D. 2021.
(Original signed by Reeve, S. Upham) (Original signed by CAO, S. Kitz)
_______________ ___________________________________
REEVE, Steve Upham CHIEF ADMINISTRATIVE OFFICER, Sheila Kitz
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PART 10 - LAND USE DISTRICT MAP
-
Updated with Rezoning Bylaw 2022-02
-
Updated with Rezoning Bylaw 2023-05
-
Updated with Rezoning Bylaw 2023-13
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Updated with Rezoning Bylaw 2023-19