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Village of Donnelly
Bylaw No. 2021-02
LAND USE BYLAW
Schedule A
Approved XXX, 2020
L A N D U S E B Y L A W
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Village of Donnelly Bylaw No. 2021-02
2021
LAND USE BYLAW NO. 2021-02
OF THE VILLAGE OF DONNELLY
IN THE PROVINCE OF ALBERTA
A BYLAW OF THE Village of Donnelly in the Province of Alberta, to adopt a land use bylaw.
Whereas the Municipal Government Act, Revised Statutes of Alberta 2000-Chapter M-26, 0 AND
AMENDMENTS THERETO, AUTHORIZE Council of A Municipality to enact a Land Use Bylaw to guide
future developments within the Municipality.
Now Therefore the Council of Village of Donnelly in the Province of Alberta does herby adopt the
Village of Donnelly Land Use Bylaw this September 13th 2021.
Read first THE 14TH DAY OF April, 2021.
Public Hearing held on the 13th day of September, 2021.
Read a second time this 13th day of September, 2021.
Read a third and final time this 13th day of September , 2021.
Mayor
CAO
L A N D U S E B Y L A W
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Village of Donnelly Bylaw No. 2021-02
2021
AMENDMENTS TO LAND USE BYLAW NO. 2021-02
All amendments to the Land Use Bylaw of the Village of Donnelly Bylaw No. 2021-02 must be
passed as a bylaw. Any bylaw requires three (3) separate hearings by Village Council under Section
187 of the Alberta Municipal Government Act (MGA), and a public hearing must be held by Council
prior to Second Reading of the proposed bylaw under Section 692 of the MGA.
Bylaw #
Date
Affected Section
Description
L A N D U S E B Y L A W
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Village of Donnelly Bylaw No. 2021-02
2021
Table of Contents
PART 1 - ENACTMENT __________________________________________________________ 7
1.1
TITLE _____________________________________________________________________ 7
1.2
PURPOSE __________________________________________________________________ 7
1.3
APPLICATION _______________________________________________________________ 7
1.4
EFFECTIVE DATE ____________________________________________________________ 7
1.5
CONFORMITY WITH THE BYLAW _______________________________________________ 7
1.6
OTHER LEGISLATIVE REQUIREMENTS ____________________________________________ 8
1.7
SEVERABILITY ______________________________________________________________ 8
1.8
TRANSITION _______________________________________________________________ 8
PART 2 - INTERPRETATION _____________________________________________________ 9
2.1
RULES OF INTERPRETATION ___________________________________________________ 9
2.2
DEFINITIONS ______________________________________________________________ 10
3.1
CONTROL OF DEVELOPMENT _________________________________________________ 22
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ________________________ 23
3.3
NON-CONFORMING BUILDINGS AND USES ______________________________________ 24
3.4
DEVELOPMENT APPROVAL AUTHORITIES _______________________________________ 24
PART 4 - DEVELOPMENT APPLICATION PROCESS ___________________________________ 25
4.1
APPLICATION FOR DEVELOPMENT _____________________________________________ 25
4.2
WAITING PERIOD FOR RE-APPLICATION ________________________________________ 26
4.3
REFERRAL OF APPLICATIONS _________________________________________________ 26
4.4
DECISION PROCESS - DEVELOPMENT AUTHORITY ________________________________ 26
4.5
DECISION PROCESS - SUBDIVISION AUTHORITY __________________________________ 29
4.6
VARIANCE AUTHORITY ______________________________________________________ 30
4.7
DEVELOPMENT PERMITS AND NOTICES ________________________________________ 30
4.8
DEVELOPMENT AGREEMENTS AND SECURITIES __________________________________ 32
PART 5 - DEVELOPMENT APPEAL PROCESS _______________________________________ 33
5.1
APPEAL PROCEDURE ________________________________________________________ 33
5.2
APPEAL HEARING __________________________________________________________ 33
5.3
APPEAL DECISION __________________________________________________________ 34
PART 6 - BYLAW AMENDMENT PROCESS _________________________________________ 36
6.1
APPLICATION FOR AMENDMENT ______________________________________________ 36
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Village of Donnelly Bylaw No. 2021-02
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6.2
WAITING PERIOD FOR RE-APPLICATION ________________________________________ 36
6.3
PUBLIC HEARING PROCESS ___________________________________________________ 37
PART 7 - ENFORCEMENT ______________________________________________________ 38
7.1
CONTRAVENTION __________________________________________________________ 38
PART 8 - GENERAL REGULATIONS _______________________________________________ 40
8.1
ACCESSORY BUILDINGS AND USES _____________________________________________ 40
8.2
BUILDING HEIGHT __________________________________________________________ 41
8.3
CORNER AND DOUBLE FRONTING PARCELS _____________________________________ 41
8.4
CURB CUTS _______________________________________________________________ 42
8.5
DWELLING UNITS ON A PARCEL _______________________________________________ 42
8.6
EMERGENCY ACCESS TO BUILDINGS ___________________________________________ 42
8.7
EXISTING SUBSTANDARD LOTS _______________________________________________ 43
8.8
FENCES ___________________________________________________________________ 43
8.9
FLOODPLAIN DEVELOPMENT _________________________________________________ 45
8.10
LANDSCAPING _____________________________________________________________ 46
8.11
LIMITED ACCESS TO MAJOR ROADS ____________________________________________ 46
8.12
ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS ___________________________ 47
8.13
PROJECTIONS OVER YARDS __________________________________________________ 47
8.14
PUBLIC LANDS AND VILLAGE BOULEVARDS ______________________________________ 49
8.15
PUBLIC UTILITY BUILDINGS AND EASEMENTS ____________________________________ 49
8.16
RELOCATION OF BUILDINGS OR STRUCTURES ____________________________________ 50
8.17
RESIDENTIAL AND INDUSTRIAL USES ADJACENT __________________________________ 51
PART 9 - SPECIFIC USE REGULATIONS ____________________________________________ 52
9.1
BED AND BREAKFAST ESTABLISHMENTS ________________________________________ 52
9.2
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY ____________________________ 52
9.3
CANNABIS RETAIL SALES _____________________________________________________ 53
9.4
CHILD CARE FACILITIES AND FAMILY DAY HOMES ________________________________ 54
9.5
HOME OCCUPATIONS _______________________________________________________ 54
9.6
MANUFACTURED HOMES ____________________________________________________ 55
9.7
SOLAR COLLECTORS ________________________________________________________ 55
9.8
USES PERMITTED IN ALL LAND USE DISTRICTS ___________________________________ 56
PART 10 - PARKING & LOADING FACILITIES _______________________________________ 57
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Village of Donnelly Bylaw No. 2021-02
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10.1
PARKING FACILITIES - GENERAL REGULATIONS __________________________________ 57
10.2
PARKING AREAS ___________________________________________________________ 57
PART 11 - SIGNS _____________________________________________________________ 61
11.1
PURPOSE _________________________________________________________________ 61
11.2
PROHIBITED LOCATION______________________________________________________ 61
11.3
SIGN DEVELOPMENT STANDARDS _____________________________________________ 61
11.4
ADDITIONAL SIGN REGULATIONS _____________________________________________ 64
PART 12 - DISTRICTS AND REGULATIONS _________________________________________ 65
12.1
ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS _______________________ 65
12.2
LAND USE DISTRICTS ________________________________________________________ 66
12.3
LAND USE DISTRICT MAP ____________________________________________________ 66
12.4
GENERAL RESIDENTIAL (R1) __________________________________________________ 68
12.5
COMMERCIAL (C) __________________________________________________________ 70
12.6
INDUSTRIAL (I)_____________________________________________________________ 72
12.7
INSTITUTIONAL AND PUBLIC USE (IPU) _________________________________________ 74
12.8
URBAN RESERVE (UR) _______________________________________________________ 76
12.9
DIRECT CONTROL (DC) ______________________________________________________ 78
12.10
LAND USE DISTRICT MAP __________________________________________________ 80
Village of Donnelly Bylaw No. 2021-02
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PART 1 - ENACTMENT
1.1
TITLE
The title of this Bylaw shall be the Land Use Bylaw of the Village of Donnelly.
1.2
PURPOSE
The purpose of this Bylaw is to regulate and control the use and development of land and buildings
within the Village to achieve the orderly and economic development of land, and for that purpose,
amongst other things:
(1)
to divide the Village into districts;
(2)
to prescribe and regulate for each district the purposes for which land and buildings may be
used;
(3)
to establish a method of making decisions on applications for development permits including
the issuing of development permits;
(4)
to provide the manner in which notice of the issuance of a development permit is to be given;
and
(5)
to establish the number of dwelling units permitted on a parcel of land.
1.3
APPLICATION
This Bylaw shall apply to the whole of the Village of Donnelly being all lands and buildings contained
within its corporate limits.
1.4
EFFECTIVE DATE
(1)
This Bylaw comes into effect upon the date of its third reading.
(2)
Land Use Bylaw No. 10-01, as amended, is hereby repealed.
1.5
CONFORMITY WITH THE BYLAW
(1)
No person shall commence any development within the Village except in conformity with this
Bylaw.
(2)
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any adopted Statutory Plan.
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1.6
OTHER LEGISLATIVE REQUIREMENTS
(1)
In addition to this Bylaw, an applicant is responsible for complying with any other applicable
federal, provincial, or municipal legislation or law. The applicant is also responsible for
complying with the conditions of any caveat, covenant, easement or other instrument
affecting a building or land.
(2)
The Village is not responsible for nor does the Village have any obligation whatsoever to
determine what other legislation may apply to a development, nor to monitor or enforce
compliance with such legislation.
(3)
The Development Authority shall not approve an application for a development permit that is
not in conformity with the Village's Statutory Plans.
1.7
SEVERABILITY
(1)
In the event any portion of this Bylaw is found invalid by a Court of Law or is overturned by a
superior jurisdiction, the validity of the remaining portions of the Bylaw shall not be affected.
1.8
TRANSITION
(1)
An application for a Subdivision, Development Permit or amendment to this Bylaw
commenced prior to the coming into force of this Bylaw shall be evaluated under the
provisions of the Village's Land Use Bylaw No. 10-01 as amended.
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PART 2 - INTERPRETATION
2.1
RULES OF INTERPRETATION
(1)
Where a word is used in the singular, such a word may also mean plural.
(2)
Where a masculine or impersonal pronoun or adjective is used, such a word may also mean
the feminine or impersonal pronoun or adjective.
(3)
Where a word is used in the present tense, such a word may also mean the future tense.
(4)
The word "person" includes a corporation as well as an individual.
(5)
The words "shall" and "must" require mandatory compliance except where a variance has
been granted pursuant to the Act or this Bylaw.
(6)
Words, phrases, and terms not defined in this part may be given their definition in the Act or
the Alberta Building Code. Other words shall be given their usual and customary meaning.
(7)
Where a regulation involves two or more conditions or provisions connected by the
conjunction "and" means all the connected items shall apply in combination; "or" indicates
that the connected items may apply singly; and "and/or" indicates the items may apply singly
or in combination.
(8)
All units of measure contained within this Bylaw are metric (SI) standards, and are rounded to
the nearest decimal place. For the purpose of convenience, the following conversion factors
are provided:
Metric
Imperial
1 square metre (m2)
10.8 square feet (ft2)
1 hectare (ha)
2.47 acres (ac)
1 kilometre (km)
0.6 mile (mi)
1 metre (m)
3.3 feet (ft)
1 centimetre (cm)
0.4 inch (in)
1 millimetre (mm)
0.04 inches (in)
1 kilogram (kg)
2.2 pounds (lb)
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2.2
DEFINITIONS
For the purposes of this Bylaw and any amendments made hereto, the definitions set out in the
following shall be used. When no definition is provided hereunder, the Village's dictionary of choice
shall be used.
(1)
"abattoir" means a building and/or site used as a slaughterhouse, where animals are killed
and butchered for human or animal consumption;
(2)
"abut" or "abutting" means immediately contiguous or physically touching, and, when used
with respect to a lot or site, means that the lot or site physically touches upon another lot or
site, and shares a property line or boundary line with it;
(3)
"accessory building" means a building separate and subordinate to the principle building, the
use of which is incidental to that principle building and is located on the same lot. A garage
attached to a principle building is deemed to be part of the principle building;
(4)
"accessory use" means any use in a building and/or on a parcel of land which is
supplementary or subordinate to the principle use located in the same building and/or on the
same parcel of land;
(5)
"Act" means the Municipal Government Act, R.S.A. 2000, as amended;
(6)
"adjacent" means land that is contiguous to a particular parcel of land and includes land that
would be contiguous if not for a highway, road, river or stream;
(7)
"adult entertainment" means any building used as "retail" in which books and/or items for a
mature audience are displayed and sold, or a building that shows mature films or live
entertainment;
(8)
"agricultural operation" means an agricultural operation as defined in the Agricultural
Operation Practices Act;
(9)
"agricultural sales and/or service" means a building or site used for "retail" but in which the
goods for sale are vehicles, equipment, or machinery for use in the agricultural industry,
and/or the servicing of vehicles, equipment, or machinery related to the agricultural industry;
(10) "amusement arcade" means a building and/or site which operates mechanical and/or
electronic games, and rides, for entertainment purposes;
(11) "auction mart" means a building and/or site used for "retail" but in which goods are sold by
an auctioneer and where goods are sold to the highest bidder;
(12) "automotive sales and/or rental" means a building or site used for "retail" but in which the
goods for sale, and/or lease are automobiles, trucks, boats, trailers, recreational vehicles, or
other similar personal vehicles;
(13) "automotive supply store" means a building or site used for "retail" but in which the goods
for sale are related to the use and operation of automobiles, trucks, boats, trailers,
recreational vehicles, or other similar personal vehicles;
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(14) "automotive service and/or paint shop" means a building or site used for the repair, servicing,
and/or painting of motor vehicle, boats, trailers, recreational vehicles, or other similar
personal vehicles and may include the sale of automotive fuels, lubricating oils or other like
automotive fluids;
(15) "bakery" means a building used for baking food as well as the "retail" of said food;
(16) "balcony" means a horizontal structure, with a railing, adjoining a building above the first
storey floor level, and intended for use as a private outdoor amenity space with access only
from within the building.
(17) "basement" means the portion of a development which is wholly or partially below grade,
having above grade no more than 1.8 m of its clear height lying below the finished level of the
floor directly above;
(18) "bed and breakfast" means a home occupation in which an owner occupying a single-
detached dwelling provides temporary accommodation to registered patrons in exchange for
compensation;
(19) "brewery, winery and distillery" means a use where beer, wine, spirits and other alcoholic
beverages are manufactured and that may have areas and facilities for the storage,
packaging, bottling, canning and shipping of the products made;
(20) "brewpub" means a restaurant or drinking establishment where beer, wine or alcoholic spirits
are produced on-site for consumption within the development and for retail sale. The facility
must be appropriately licensed by the Alberta Liquor and Gaming Commission;
(21) "building" includes anything constructed or placed on, in, over or under land but does not
include a highway or road or a bridge that forms part of a highway or road;
(22) "bulk fuel and/or fertilizer sales and storage" means the storage of and "retail" of large
quantities of fuel and/or fertilizer;
(23) "campground" means the use of a site managed for the short term stay of tents, campers,
and/or recreational vehicles, but which is not used as year round storage or accommodation;
(24) "cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis
plant seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and its
regulations, as amended from time to time and includes edible products that contain
cannabis.
(25) "cannabis accessory" means cannabis accessory including but not limited to, rolling paper or
wraps, holders, pipes, water pipes, bongs and vaporizers, or any other thing described in the
Cannabis Act (Canada) that is used in the consumption or production of cannabis."
(26) "cannabis lounge" means a development where the primary purpose of the facility is the sale
of cannabis to the eligible public, for the consumption within the premises that is authorized
by provincial or federal legislation. This use does not include cannabis production and
distribution;
(27) "cannabis production and distribution facility" means a development used principally for one
or more of the following activities relating to cannabis:
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(a)
The production, cultivation, and growth of cannabis;
(b)
The processing of raw materials
(c)
The making, testing, manufacturing, assembling, or in any way altering the chemical or
physical properties of semi-finished or finished cannabis goods or products
(d)
The storage or shipping of materials, goods or products, or;
(e)
The distribution and sale of materials, goods and products to cannabis retail sales
stores or to individual customers
(28) "cannabis retail sales" means a retail store licensed by the Province of Alberta where:
(a)
where cannabis is sold for consumption off the premises,
(b)
where consumption of cannabis must not occur, and
(c)
that may include the ancillary retail sale or rental of merchandise;
(29) "car/truck wash" means the use of a building and/or site for the cleaning of motorized
vehicles either manually or through an automated process;
(30) "cemetery" means a site used for the burying of the remains of animals and/or humans;
(31) "Certificate of Compliance" means the endorsement by the Development Officer on a survey
document indicating that the building locations on a lot are in compliance with this Bylaw.
(32) "Child Care Facility" means a development intended to provide care, educational activities
and supervision for groups of seven or more children under thirteen (13) years of age during
the day or evening, but does not include overnight accommodation, and is intended to be
operated for at least twelve (12) consecutive weeks each year. This includes daycares, pre-
schools, out-of-school care, and other programs where the primary purpose is the care of
children.
(33) "commercial recreation and entertainment facility" means a facility or establishment that
provides recreation or entertainment for gain or profit but does not include a casino or adult
entertainment establishment;
(34) "club" means a building and/or site used for the private meeting and social activities of
members of a private organization and which may include space for eating, drinking, and
congregating;
(35) "community centre" means a building and/or site open to the general public and used for
recreational, educational, social and/or cultural activities;
(36) "confined feeding operation" means a confined feeding operation as defined in the
Agricultural Operation Practices Act;
(37) "contracting services" means a building or site used for the operation and storage of
materials and/or vehicles related to the industries of construction, painting, plumbing,
heating, electrical, landscaping, drilling and excavation, paving, maintenance and cleaning;
(38) "convenience store" means small "retail".
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(39) "corner lot" means a lot having boundary lines on two or more roads or highways, or with a
road and a highway, at their intersection or junction. Corner lot also means a lot having a
boundary line at a point where a road or highway changes direction by a minimum of 45
degrees within the boundaries of the lot;
(40) "Council" mean the Council of the Village of Donnelly;
(41) "coverage" means the sum of the floor areas at grade of all buildings, both principle and
accessory, on a lot divided by the area of the lot;
(42) "date of issue" means the date on which the notice of a decision of the Development
Authority is published or mailed;
(43) "deck" means an uncovered horizontal structure with a surface height greater than 0.6m (2
ft) above grade at any point, and intended for use as a private outdoor space;
(44) "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; and without restricting the generality of the foregoing, includes:
(i)
in the case of a lot used for residential purposes, alterations made to a building or
an additional building on the lot whether or not the building is a dwelling or part
of a dwelling unit,
(ii)
in the case of a lot used for other than residential purposes, alterations or
additions made to a building on the lot or a use of the lot which would increase
either the capacity of the building or the intensity of use of the lot,
(iii)
the display of advertisements or signs on the exterior of a building or on any land,
(iv)
the deposit of earth, debris, waste materials, refuse, or any other material on any
land, including land already being used for that purpose, or if the natural
topography or drainage is altered,
(v)
the removal of topsoil from land,
(vi)
the recommencement of the use to which land or a building has been previously
put if that use has been discontinued for a period of more than six months,
(vii) the use of land for storage purposes or for the repair of equipment, vehicles or
other kinds of machinery, or
(viii) the removal or demolition of a building;
(45) "development authority" means the development authority of the Village as established by
this Bylaw;
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(46) "development permit" means a document authorizing a development issued pursuant to this
Land Use Bylaw;
(47) "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 at the discretion of the development authority
upon an application having been made;
(48) "driveway" means a vehicle access route on the parcel which provides access to the driving
surface;
(49) "dwelling unit" means a complete dwelling or self-contained portion of a dwelling, set or suite
of rooms which contains sleeping, cooking and separated or shared toilet facilities, intended
for domestic use, and used or intended to be used permanently, semi-permanently, or
seasonally as a residence for a household, and which is not separated from direct access to
the outside by another separate dwelling unit;
(50) "Essential Public Service" means a fire station, police station or similar service."Exterior side
yard" means a yard abutting a road, extending from the front yard to the rear yard and
located between the side lot line and the nearest exterior wall of the principal building.
(51) "family care facility" means a multi-unit residential development that provides special care for
individuals that are aged and/or disabled, and has on-site health care facilities and/or health
care attendants
(52) "family day home" means a Provincially regulated facility used for the provision of care,
instruction, maintenance or supervision of children.
(53) "farming" means the raising or production of crops, or animals, and includes a single
residence for the farmer, but does not include a "Confined Feeding Operation" as defined by
the Agricultural Operation Practices Act (Chapter A-7, R.S.A. 2000) and all regulations and
amendments passed thereto;
(54) "fragmented parcel" means a parcel of land that is separated from the balance of a quarter
section by a natural barrier such as a river or a coulee, or by a physical barrier such as a road
or highway;
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(55) "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;
(56) "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;
(57) "funeral Home" means a building and/or site used for the organization of funerals, the
preparation of the deceased for burial or cremation, and/or the holding of funeral services;
(58) "gambling and gaming hall" means a building used as a gaming establishment which offers
games of chance including slot machines, table games, video lottery terminals, and/or a bingo
hall;
(59) "garage" means an accessory building or part of the principal building, which is designated
and used for the storage, parking or the maintenance of personal vehicles.
(60) "gas bar" means a site or portion thereof used for the sale of gasoline, propane and other
fuels, the sale of lubricating oils and other automotive fluids or motor vehicle accessories but
does not include automotive service establishments;
(61) "grade" means the average elevation at the finished level of the ground, excluding an artificial
embankment, at any point immediately adjacent to the building. Grade may have been
established in conjunction with a subdivision grade plan prepared by a civil engineer.
(62) "greenhouse" means a building and/or site used to grow and "retail" flowers, trees, shrubs,
vegetables, and/or other plants;
(63) "grocery store" means a building used for "retail" but which sells primarily food items for
consumption off-site;
(64) "group home" means a building and/or site use in a residential setting for individuals who
require supervision because of their age, disability, or need for rehabilitation, and where
qualified staff are present at all times;
(65) "habitable floor space" means any room or enclosed space used or useable for human
occupancy, including but not limited to kitchens, bedrooms, living rooms, family rooms and
dens, bathrooms, laundries, pantries, foyers, hallways/entry ways, and areas containing
infrastructure/servicing (furnace, circuit panel, water heater, etc.) but excludes any room or
space not intended primarily for human occupancy including but limited to storage
areas/cellars and undeveloped basements;
(66) "head shop" means a retail outlet which specializes in drug paraphernalia related to
consumption of cannabis, other recreational drugs and new age herbs, as well as
counterculture art, magazines, music, clothing and home décor. This does not include
cannabis retail sales or cannabis production and distribution facility;
(67) "height" means the vertical distance between the grade and the highest point of a building
that is not a stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke
stack, a fire wall, or a flagpole, or similar device not structurally essential to the building;
(68) "highway" means a highway as defined in the Public Highways Development Act, R.S.A. 2000;
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(69) "Home occupation" means any occupation, trade, profession, or craft carried on by an
occupant of a residential building 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;
(70) "hospital" means a building and/or site used for medical care, examination, treatment,
surgery and recovery of patients and which may include an extended stay;
(71) "hotel" means a building used for short term stays through the provision of rooms or suites
where rooms are accessed from a common interior corridor, and which may also contain
commercial uses such as restaurants, or convention space;
(72) "Housing, apartment" means a residential use consisting of more than four dwelling units, but
which has a height less than 15 metres, but shall not mean row housing;
(73) "housing, duplex" means a building with two dwelling units that have sharing one common
wall in the case of side-by-side units, or having the dwelling area located above the dwelling
area of the other in the cases of vertical units, each with a private entry;
(74) "housing, fourplex" means a building that contains four dwelling units;
(75) "housing, manufactured home" means a transportable factory built residential building
containing one dwelling unit suitable for long term occupancy, designed to be movable,
transported on its own wheels and chassis or other means and arriving at a site ready for
occupancy except for incidental operations such as placement on foundation supports and
connection to utilities. Manufactured homes shall have pitched roofs and eaves and shall
conform to CAN/CSA Z240 MH Series and A277 certified standards;
(76) "housing, mixed use" means a building and/or site which has a combination of uses but which
typically entails "retail" or "office" uses on the ground floor and residential uses on the upper
floors;
(77) "housing, mobile" means a factory constructed detached dwelling unit, with an integral
frame, readily relocatable singly or in double modules. Due to the age of the home they do
not meet the Canadian Standards Association (CSA) A277 Standard or building code
standards;
(78) "housing, modular" means a building containing one dwelling unit, built in a factory and
transported to a site to be permanently installed on a foundation., and which appears
indistinguishable in design and finish from a stick-built house, and does not includes "housing,
manufactured home" or "housing, mobile";
(79) "housing, row house" means a building with one of three or more dwellings joined side by
side or side to back. Can also include Village house, garden homes and Village houses
attached to high-rise buildings. Have no dwellings above or below them;
(80) "housing, secondary suite" means a self-contained living space either located in the principle
building or on the same site as the principle building. Secondary suites have a separate
entrance, cooking, sleeping and bathing facilities and are no larger than 70 m². Secondary
suites shall include basement suites and garage suites;
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(81) "housing, single detached" means a residential building containing one dwelling unit which is
intended as a permanent residence. Single detached dwellings must be of new construction
and be physically separate from any other residential building. Single detached dwellings do
not include a manufactured home; "interior side yard" means a yard abutting another lot,
extending from the front yard to the rear yard and located between the side lot line and the
nearest exterior wall of the principal building.
(82) "lane" means a right-of-way on which motorized vehicles are normally allowed to operate
which is 10 m or less in width;
(83) "library" means a building which primarily loans reading and/or visual material to the general
public;
(84) "livestock" means livestock as defined in the Agricultural Operation Practices Act;
(85) "liquor store" means a building and/or site used for "retail" but in which the goods sold are
liquor/alcohol for human consumption;
(86) "lot" means:
(a)
a quarter section,
(b)
a river lot or a lake lot shown on an official plan referred to in the Surveys Act that is
filed or lodged in a Land Titles Office,
(c)
a part of a parcel of land described in a certificate of title if the boundaries of the part
are described in the certificate of title other than by reference to a legal subdivision, or
(d)
a part of a parcel of land described in a certificate of title if the boundaries of the part
are described in the certificate of title by reference to a plan of subdivision;
(87) "maintenance" means the upkeep of the physical form of any building which does not require
a permit pursuant to the Safety Codes Act. Maintenance will include painting, replacing
flooring, replacing roofing materials, but will not include any activity that will increase the
habitable floor area of any dwelling unit or the internal volume of any building;
(88) "major" means, when added as a prefix or suffix to a use, a use which, due to its nature or
relatively larger scale, will or could have, in the sole opinion of the Development Authority, an
impact on surrounding uses, or which may be intended to serve an area larger than the
immediate or local area;
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(89) "Manufacturing, processing, packaging or assembly of goods or materials" means a building
and/or site where materials are merged to assemble a product and where the product is then
packaged for distribution;
(90) "may" is an operative word meaning a choice is available, with no particular direction or
guidance intended;
(91) "meat processing plant" means the processing and distributing of animal carcasses to
retailers, but does not include a kill floor;
(92) "medical clinic" means a building used for the provision of physical and mental health services
on an outpatient basis. Such services may be of a preventative, diagnostic, treatment,
therapeutic, rehabilitative or counselling nature. Health services may include dental offices,
physical therapy, pharmacy, counselling, doctor's offices, chiropractic offices and medical
cannabis clinics;
(93) "medical cannabis clinic" means any business or enterprise whether or not operated for profit
intended to serve as a means of distributing or providing cannabis for medical purposes as
defined by provincial or federal legislation;
(94) "MGA" means the Municipal Government Act (Chapter M-26, R.S.A. 2000) and all regulations
and amendments passed pursuant thereto;
(95) "mini storage" means a building and/or site used for containing separate secured indoor
storage units, designed to be rented or leased for private storage of personal goods;
(96) "minor" means, when added as a prefix or suffix to a use, a use which, due to its nature or
relatively smaller scale, will or could have, in the sole opinion of the Development Authority, a
limited impact on surrounding uses, or which may be intended to serve a small or local area;
(97) "motel" means a building or group of buildings on a parcel of land designed and operated for
the provision of rooms or suites for temporary sleeping accommodation where each room
has its own exterior access, and may include a restaurant and/or convention services;
(98) "municipality" means the Village of Donnelly;
(99) "museum" means a building and/or site used for the display of artefacts for cultural and
educational purposes;
(100) "nightclub" means a building and/or site featuring live entertainment such as music and
dancing, and in which alcohol and food may also be served to patrons;
(101) "non-conforming building" means a building:
(a)
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
(b)
that on the date this land use bylaw becomes effective does not, or when constructed
will not, comply with this land use bylaw;
(102) "non-conforming use" means a lawful specific use:
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(a)
being made of land or a building or intended to be made of a building lawfully under
construction, at the date a land use bylaw affecting the land or building becomes
effective, and
(b)
that on the date this land use bylaw becomes effective does not, or in the case of a
building under construction will not, comply with this land use Bylaw;
(103) "office" means a building primarily used for the provision of professional, management,
administrative and consulting services but does not include the use as "retail";
(104) "open space" means land and water areas which are retained in an essentially undeveloped
state and often serve one or more of the following uses: conservation of resources; ecological
protection; recreation purposes; historic or scenic purposes; enhancement of community
values and safety; maintenance of future land use options;
(105) "owner" means:
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in right of
Canada, the Minister of the Crown having the administration of the land, or
(b)
in the case of any other land, the person shown as the owner on the Land Title.
(106) "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;
(107) "park" means any parcel of land which is for use by the general public for recreational
activities, sporting, or gathering, and which may be left in a natural state or may include man-
made features including area for sporting activities, playgrounds, picnic areas, and/or walking
trails;
(108) "parking facility" means a building and/or site used for vehicular parking as a principal use;
(109) "patio" means an uncovered horizontal structure with a surface height, at any point, no
greater than 0.6 m above grade and intended for use as a private outdoor amenity space
(110) "pawn shop" means a building and/or site used for "retail" but in which the goods for sale are
second hand personal items;
(111) "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;
(112) "personal service establishment" means a use relating to the care and appearance of the
body or the cleaning and repair of personal effects. Typical uses include barber shops, beauty
parlours, nail salons, tailors, dressmakers, shoe repair shops, dry cleaning establishments
(pick-up and drop-off only), laundromats, photographic studios, personal fitness activity, and
may include accessory retail sales. This use class does not include escort services, even as an
accessory use;
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(113) "portable storage container" means a secure, steel/wood structure that is portable in nature.
This may include a portable storage container, known as a c-can, sea-can, cargo container
and/or shipping container, which is a metal freight container that is used for the temporary
storage of materials and equipment. Portable storage containers are considered accessory
buildings;
(114) "porch" means a structure abutting a dwelling having a roof but with walls that are open and
unenclosed to the extent of at least 50% thereof except for removable screens and storm
sashes or awnings, used as a private outdoor amenity space;
(115) "principle building" means a building where the principle use of the site operates from;
(116) "principle use" means the primary purpose or purposes for which a building or lot is used;
(117) "public administration" means the use of a building and/or site for the operation and/or
provision of services by the Municipal, Provincial, and/or Federal governments;
(118) "Real Property Report" means a codified standard adopted by the Alberta Land surveyor's
Association which contains: (a) the legal description of the property and the municipal
address; (b) the dimensions and bearings of all property boundaries as determined by an
actual field survey in accordance with the Surveys Act; (c) the designation of adjacent
properties, roads, lanes, etc.; (d) the location and description of all pertinent improvements
located on the property along with their dimensions and clearances to the property
boundaries; (e) the projections of overhangs or eaves are also shown; (f) the location of any
easements which may affect the property; (g) the location and dimensions of any visible
encroachments onto or off of the property; (h) a list of the registered encumbrances as noted
on the title to the property at the date of the survey; (i) a certification by an Alberta Land
Surveyor duly signed.
(119) "rear line" means the boundary line of a lot lying opposite to the front line of the lot and/or
farthest from a highway or road;
(120) "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;
(121) "recreational facility" means a building and/or site used for sports or other active recreational
activities and may include health and fitness clubs, racquet courts, dance studios, martial arts
schools, basketball and volleyball courts, hockey arenas, football and soccer field, and or
other similar sporting fields but not including an outdoor golf course;
(122) "recycling depot" means a facility used for the purchasing, collection, sorting, packaging, and
temporary storage of empty bottles, cans, and containers or other recyclable and reusable
materials and where storage is contained within an enclosed building;
(123) "religious institution" means a building used for the congregation, meeting, study, and prayer
related to any religious faith;
(124) "repair shop" - means a building and/or site used for the maintenance, and repair of any
goods and/or equipment excluding motor and/or recreational vehicles;
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(125) "reserve land" means environmental reserve, conservation reserve, municipal reserve,
community services reserve, school reserve or municipal and school reserve;
(126) "Residential Care Facility" means a private or publicly funded seniors lodge, nursing home,
extended or congregate care facility.
(127) "restaurant" means a use where food is prepared and served on the premises for sale to
patrons, and which may or may not be licensed to serve alcohol, and may include
entertainment which is accessory to the preparation and service of food;
(128) "restaurant, drive-thru" means a building where food is prepared and sold for consumption
to patrons and which offers service through a drive up window;
(129) "retail" means a use that focuses on the display and sale of goods, wares, or merchandise.
This use includes, but is not limited to drug stores, clothing stores, sporting goods stores and
other similar uses, but does not includes retail stores where the majority of total sales are
generated through the sale of adult-oriented materials (clothing, videos, magazines, etc.);
(130) "retaining wall" means a structure constructed to withstand lateral pressure in order to hold
back earth, loose rock, or similar materials;
(131) "road" means a right-of-way on which motorized vehicles are normally allowed to operate, or
a road as defined in the Act, but does not include either a highway or a lane;
(132) "school" means a use operated by a School Board that provides grade and secondary school
instruction to pupils through courses prescribed or approved by the Provincial Government;
(133) "screening" means a fence, wall, berm, hedge or other barrier providing visual and/or
acoustic separation of sites;
(134) "setback" means the perpendicular distance that a development must be set back from the
front, side or rear property boundaries of the parcel as specified in the particular District in
which the development is located;
(135) "shall" is an operative word which means the action is obligatory;
(136) "shoreline" means the bank of the body of water as determined pursuant to the Surveys Act;
(137) "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;
(138) "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;
(139) "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;
(140) "site" means an area of land designed to accommodate, and intended to be rented for, a tent
or recreational vehicle or cabin;
(141) "solar collector" means any device used to collect sunlight that is part of a system used to
convert radiant energy from the sun into thermal or electrical energy.
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(142) "subdivision and development appeal board" means a subdivision and development appeal
board established by a separate Village Bylaw and the Act;
(143) "subdivision authority" means the Subdivision Authority established pursuant to the Act
through the Village's Planning Authority Bylaw;
(144) "substandard lot" means any lot which is smaller, in area or in any dimension, than the
minimum area or dimension stipulated in the regulations of the District in which the lot is
located;
(145) "temporary development" means a development for which a development permit has been
issued and which exists for a limited time only;
(146) "theatre" means a building and/or site used to show entertainment including films, live
theatre, or musical performances;
(147) "trucking establishment" means any building and/or site where commercial vehicles may park
for a short or long term stay and which may include a "convenience store," "restaurant,"
and/or "gas bar";
(148) "undeveloped lot" means a lot which does not contain a dwelling or any other building, but
which may contain utility services;
(149) "unique site requirements" are a set of site locational requirements which have been
demonstrated to the Village's satisfaction to be necessary in order for the development of a
commercial or industrial use to be carried out;
(150) "use" means the utilization of a building or parcel of land for a particular type of operation;
(151) "utility" means a utility as defined in the Act, as amended;
(152) "utility installations" means a building and/or site for use by a utility company maintains to
maintain or shelter any equipment used in connection with the utility;
(153) "variance" means an alteration or change to a standard prescribed by this Bylaw that is
authorized by the Development Authority or the Board.
"veterinary clinic" means a building and/or site used for the medical care and treatment of animals
on either a short term or long term basis;
(154) "warehouse" means a building and/or site used for the storage of materials, goods,
and products which will ultimately be distributed and for sale at "retail" stores;
(155) "yard" means a part of a parcel of land upon or over which no building is to be
erected unless otherwise provided for in this Bylaw.
PART 3 - GENERAL ADMINISTRATIVE PROCEDURES
3.1
CONTROL OF DEVELOPMENT
(1)
No development shall be undertaken within the Village unless an application for it has been
approved and a development permit has been issued.
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(2)
In the event of a state of emergency (local or provincial) declared pursuant to the Emergency
Management Act, RSA 2000, c.E-6.8. as amended, or as a result of such an emergency, such
other temporary development or class of temporary development as Council may declare
may be approved in any land use district without compliance with the land use bylaw
regulations.
3.2
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
(1)
The following development shall not require a development permit:
(a)
The carrying out of works of maintenance or repair to any building or internal
alteration, provided that such works do not include:
(i)
structural alterations; or,
(ii)
major works of renovation that would require a building permit under the Safety
Codes Act.
(b)
Activities as exempted by Section 618 of the Act;
(c)
The use of any such buildings referred to in Section 3.1(2) above, for the purpose which
construction was commenced.
(d)
The use of land for a farm operation on land situated in the Urban Reserve district,
provided that the use or building conforms to the minimum setback requirements
specified in the Land Use Bylaw. Notwithstanding this section, all dwellings are subject
to obtaining a development permit.
(e)
The erection, construction, or maintenance, improvement or alteration of gates or
fences or other means of enclosure less than 2.0 m in rear yards or in other side yards,
and the maintenance, improvement and other alterations of any gates, fences or walls
or other means of enclosure. Notwithstanding, barbs and page wire fences are only
permitted in the Urban Reserve and Industrial Land Use Districts.
(f)
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;
(g)
The maintenance and repair of public works, services and utilities carried out by or on
behalf of federal, provincial and municipal public authorities on land which is publicly
owned or controlled;
(h)
The development of Village owned structures or public works, services and utilities.
(i)
Development within a basement which does not change or add to the uses in a
dwelling, which do not require a building permit under the Safety Codes Act;
(j)
All accessory buildings which are less than 10 m² in area.
(k)
The demolition or removal of any building or structure for which a development permit
would not have been required pursuant to Subsections (d) to (k) when the building or
structure was constructed.
(l)
The placement of one hot-tub on a residential property, provided that they meet the
setback requirements of the district.
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(m) Landscaping provided that the grades and overland water flows are not substantially
altered.
(n)
The construction of a patio, provided that the patio is uncovered, and the walking
surface is less than 0.6 m (2 feet) above grade.
(o)
The replacement of existing previously permitted retaining walls .
3.3
NON-CONFORMING BUILDINGS AND USES
(1)
Non-conforming buildings and non-conforming uses shall be treated in accordance with the
Act, and any amendments thereto.
3.4
DEVELOPMENT APPROVAL AUTHORITIES
(1)
The Development Authority is established in accordance with the Planning Authorities Bylawhereby established by Bylaw pursuant to the Act.
(2)
The Development Authority shall exercise development powers and duties on behalf of the
Village.
The Development Authority shall be the Development Officer, or where the context of this
Bylaw permits, the Council.
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PART 4 - DEVELOPMENT APPLICATION PROCESS
4.1
APPLICATION FOR DEVELOPMENT
(1)
An application for a development permit shall be completed and submitted to the
Development Authority in writing, in the form required by the Development Authority, and
shall be accompanied by:
(a)
A site plan showing the legal description; the front, rear, and side yards, if any; any
provision for off-street loading and vehicle parking; walkways; and access and egress
points to the site;
(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 but is not include
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.
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4.2
WAITING PERIOD FOR RE-APPLICATION
(1)
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 or
Municipal Government 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 Authority for at least six (6) months after the date of the
previous refusal.
4.3
REFERRAL OF APPLICATIONS
(1)
The Development Authority may refer for comment any matter or any application for a
Development Permit to any authority he deems necessary.
(2)
Notwithstanding 4.3(1), the Development Authority may refer to any adjacent municipality
for consideration and recommendation, any matter or any application for a Development
Permit that relates to lands that abut the municipal boundary.
(3)
Notwithstanding 4.3(1), the Development Authority shall refer development in proximity to a
Highway:
(a)
Applications for development located within 0.8 km of the right of way of a multi-lane
highway or a major two-lane highway where the proposed development would have
direct access from the highway shall be referred to Alberta Transportation for comment
prior to any decision by the Development Authority;
(b)
All applications for development located, within 150 m of the right of way of a minor
two-lane highway where the proposed development would have direct access from the
highway may be referred to Alberta Transportation for comment prior to any decision
by the Development Authority.
(4)
Having received a reply on a matter referred to any authority, the Development Authority
shall make a decision giving due consideration to the recommendations and comments
received.
(5)
After thirty (30) days from the date of referral, the application may be dealt with by the
Development Authority whether or not comments have been received.
4.4
DECISION PROCESS - DEVELOPMENT AUTHORITY
(1)
In making a decision, the Development Authority may approve the application
unconditionally, approve the application subject to conditions, approve the application for a
limited period of time as specified in the approval, or refuse the application.
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(2)
The Development Authority may apply any conditions it deems necessary as a condition to
issuing a development permit.
(3)
The Development Authority may require that as a condition of issuing a development permit,
the applicant enter into an agreement in accordance with Section 650 of the Municipal
Government Act:
(a)
to construct or pay for all or any of 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,
(b)
to install or pay for all or any of the installation of public utilities other than
telecommunications systems or works,
(c)
to pay an off-site levy, and/or to give security to ensure that the terms of the
agreement are carried out
(4)
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 the definition of a permitted or discretionary use prescribed for a
particular District.
(5)
The Development Authority may approve an application for a development permit for new
development or an application for a development permit that authorizes a non-conforming
building to be enlarged, added to, structurally altered even though the proposed
development does not comply with the regulations of this Bylaw, if, in the opinion of the
Development Authority:
(a)
the proposed development would not: (i) unduly interfere with the amenities of the
neighbourhood, or (ii) materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land, and
(b)
the proposed development conforms to the use prescribed for that land or building in
this Bylaw.
(6)
Upon receipt of an application, the Development Authority must review the application for
completeness within 20 days of the application being received. The Development Authority
shall provide the applicant either:
(a)
A complete certificate, if in the opinion of the Development Authority, the application
contains the information necessary to review the application;
(b)
An incomplete certificate if in the opinion of the Development Authority, the
application is incomplete. An incomplete certificate shall specify:
(i)
the additional information that the Development Authority will require in order
for the application to be considered complete;
(ii)
the deadline for submission of the additional information or at such other later
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date as agreed between the applicant and the Development Authority; and
(iii)
any other information identified as being necessary by the Development
Authority
(c)
Applications that have been issued an incomplete certificate, will be
(i)
Issued a complete certificate shall be issued once the Development Authority
receives the necessary information.
(ii)
deemed refused if an applicant fails to submit all the outstanding items indicated
as being outstanding in the incomplete certificate by the deadline set in the
incomplete certificate, if an application is deemed refused the Development
Authority shall issue a Development Permit refusal. The refusal must give
reasons for the refusal.
(d)
Despite the issuance of a complete certificate or incomplete certificate, the
Development Authority may request additional information from the applicant if, in the
course of reviewing the application, the Development Authority determines that
additional information is necessary to review the application.
(7)
An application for a development permit shall, at the option of the applicant, be deemed to
be refused if a decision on the application is not made by the Development Authority within
forty (40) days after receipt of the complete application by the Development Authority. The
person claiming to be affected by the deemed refusal may appeal in writing as provided for in
Part 4 of this Bylaw as though he has received a refusal at the end of the forty (40) day period.
The Development Authority and the applicant, may in a written agreement extend the 40 day
period in which the Development Authority is to make a decision on the application.
(8)
A Development Authority may suspend or revoke a development permit in writing to the
applicant at any time:
(a)
Where the permit was issued on the basis of incorrect information, fraud, non-
disclosure, or misrepresentation on the part of the applicant; or
(b)
Where the permit was issued in error.
(c)
Where conditions of a development permit are not in compliance
(9)
If an application is made for a development that is identified as a temporary development in a
land use bylaw, the Development Authority:
(a)
May consider and approve a development for a specific period of time, not exceeding
one year;
(b)
Shall impose a condition on such a permit that the Village is not liable for any costs
involved in the cessation or removal of the development at the expiration of the time
period stated in the permit; and
(c)
May require the applicant to post acceptable security guaranteeing the cessation or
removal of the development. The amount of the security shall be the greater of 25% of
the value of the structure or $1,000.
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4.5
DECISION PROCESS - SUBDIVISION AUTHORITY
(1)
Upon receipt of an application for subdivision, the Subdivision Authority must review the
application for completeness twenty (20) days of the application being received. The
Subdivision Authority shall provide the applicant either:
(a)
A complete certificate, if in the opinion of the Subdivision Authority, the application
contains the information necessary to review the application;
(b)
An incomplete certificate if in the opinion of the Subdivision Authority, the application
is incomplete. An incomplete certificate shall specify:
(i)
the additional information that the Subdivision Authority will require in order for
the application to be considered complete;
(ii)
the deadline for submission of the additional information or such other later date
as agreed between the applicant and the Subdivision Authority; and
(iii)
any other information identified as being necessary by the Subdivision Authority
(c)
Applications that have been issued an incomplete certificate, will be
(i)
Issued a complete certificate once the Subdivision Authority receives the
necessary information.
(ii)
deemed refused if an applicant fails to submit all the outstanding items indicated
as being outstanding in the incomplete certificate by the deadline set in the
incomplete certificate. If an application is deemed refused the Subdivision
Authority shall issue a notice to the applicant that the subdivision application has
been refused. The refusal must give reasons for the refusal.
(d)
Despite the issuance of a complete certificate or incomplete certificate, the Subdivision
Authority may request additional information from the applicant if, in the course of
reviewing the application, the Subdivision Authority determines that additional
information is necessary to review the application.
(2)
An application for a subdivision shall, at the option of the applicant, be deemed to be refused
if a decision on the application is not made by the Development Authority within forty (40)
days after receipt of the complete application by the Development Authority. The person
claiming to be affected by the deemed refusal may appeal in writing as provided for in Part 4
of this Bylaw as though he has received a refusal at the end of the forty (40) day period. The
Development Authority and the applicant, may in a written agreement extend the 40 day
period in which the Development Authority is to make a decision on the application.
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4.6
VARIANCE AUTHORITY
(1)
Notwithstanding Section 4.6(2) and Section 4.6(3) the Development Authority may approve
an application for a development permit for a development that is a Permitted or
Discretionary Use, but that does not otherwise comply with the provisions of this Bylaw, if in
the opinion of the Development Authority:
(a)
The proposed development would not unduly interfere with the amenities of the
neighbourhood.
(b)
The proposed development conforms with the use prescribed for that land or building
in this Bylaw;
(2)
In addition to the considerations provided under Section 4.6(1), a variance may only be
granted if, in the opinion of the Development Authority:
(a)
The variance requested maintains the intent and purpose of the Municipal
Development Plan;
(b)
The variance requested maintains the intent and purpose of this Bylaw;
(c)
The variance is desirable for the appropriate and orderly development or use of the
land; and
(d)
(3)
All requests for a variance shall be accompanied by a letter from the applicant clearly stating
the reasons for the variance, outlining the applicable criteria identified in 4.6(3), and the
nature of the hardship incurred if the variance is not granted.
(4)
If a variance is granted pursuant to this Section, the Development Authority shall specify its
nature in the Development Permit approval.
(5)
The maximum variance that may be granted by the Development Authority for a new
development is 50%.
(6)
The maximum variance that may be granted by the Development Authority for an existing
structure is 50%.
4.7
DEVELOPMENT PERMITS AND NOTICES
(1)
A development permit does not come into effect until twenty-one (21) days after the date a
decision or development permit is publicized as described in 4.7(5) through 4.7(8). Any
development proceeded with by the applicant prior to the expiry of this period is done solely
at the risk of the applicant.
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(2)
Where an appeal is made pursuant to Part 4 of this Bylaw, a development permit which has
been granted shall not come into effect until the appeal has been determined and the permit
has been confirmed, modified or nullified thereby.
(3)
When a permit has been issued for the development of a permitted use, and no provisions of
this Bylaw have been relaxed or varied, or when Council makes a decision on a development
permit application within the DC District, no notification shall be given of the decision except
to the applicant.
(4)
When a Development Permit has been issued for a Permitted Use, with or without
conditions, the Notice of Decision must be delivered to the applicant and may be posted
at the Village office.
(5)
When a Development Permit for a Permitted Use requiring a variance or a Discretionary
Use is approved, with or without conditions or variances, the Notice of Decision must be
given to the applicant.
(6)
In addition to Section 4.7(5), the Development Officer may, at their discretion, do any or
all of the following:
(a)
Immediately post a notice of the decision conspicuously on the property for which the
development permit application has been issued; and/or
(b)
Immediately mail a notice in writing to all owners of land adjacent to the subject site;
and/or
(c)
Advertise a notice of the decision to be published on the Village of Donnelly's
administration office bulletin board.
(d)
Advertise a notice of the decision to be published on the Village of Donnelly's website.
(7)
The notice indicated in Section 4.7(6) shall state:
(a)
the legal description and the street address of the site of the proposed development,
(b)
the land use designation of the subject development,
(c)
any discretion that was granted in the approval of the development, whether by use or
by interpretation of this Bylaw, and any variation or relaxation in regulation that was
made by the Development Officer when the development permit was approved,
(d)
the date the development permit was issued, and
(e)
how an appeal may be made to the Appeal Authority and the deadline for such appeal.
(8)
If the development authorized by a permit is not commenced within twelve (12) months from
the date of the issue of the development permit, and completed within three (3) years of the
date of issue, the permit is deemed to be void, unless an extension to this period is granted
by the Development Authority.
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(9)
When the Development Authority refuses an application for a development permit, the
decision shall contain reasons for the refusal.
4.8
DEVELOPMENT AGREEMENTS AND SECURITIES
(1)
Where a development permit has been granted for the development, as a condition of
approval, the applicant may be required to provide a cash security, in the sum deterimined by
the Development Authority, to ensure the completion of any repairs to Village property. The
Village may draw on this security to cover the costs of any repairs to Village property in the
event the applicant fails to complete the repairs within thirty (30) days of being notified by
the Village of the damages.
(2)
The Village may require, any applicant to enter into a development agreement to construct or
pay for the construction of public roadways or parking facilities, to install or pay for the
installation of utilities and/or to pay an off-site levy imposed by bylaw or any other conditions
as deemed appropriate. This may involve the applicant posting security with respect to the
development and paying for construction, where the development requires a road or traffic
infrastructure improvement specifically to accommodate the development. The applicant for
a development permit may be required to provide dust control adjacent to existing
residences located on roads impacted by the development. The Development Authority may
require that commercial vehicular traffic be limited to certain roads when gaining access to
and from a site.
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PART 5 - DEVELOPMENT APPEAL PROCESS
5.1
APPEAL PROCEDURE
(1)
The Appeal Board , as established by separate Village Bylaw, 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
(i)
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 Section 5.1(1) above, no appeal lies in respect of the issuance of a
development permit by the Council within a DC District, or for a permitted use unless the
provisions of this Bylaw were relaxed, varied or misinterpreted.
(3)
An appeal shall be made by serving a written notice of appeal and submitted 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 4.4(6) and Section 4.5(2) of this Bylaw
has expired.
5.2
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.
(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.
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(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,
(c)
As the case may be.
(4)
At the appeal hearing referred to in Section 5.2(1), the Subdivision and Development Appeal
Board shall hear:
(a)
The appellant or any other person acting on his 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 his 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.
5.3
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 Authority shall
forthwith issue the development permit in accordance with the decision of the Subdivision
and Development Appeal Board and does not require further advertising.
(4)
If the decision of the Development Authority to approve a development permit is varied by
the Development Appeal Board, the Development Authority shall forthwith issue the
development permit in accordance with the decision of the Subdivision and Development
Appeal Board and does not require further advertising.
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(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.
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PART 6 - BYLAW AMENDMENT PROCESS
6.1
APPLICATION FOR AMENDMENT
(1)
The landowner or a person with written authorization from the landowner 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
Authority 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 Village of Donnelly Fee Bylaw as amended from time to
time 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 or reassigned to other permit requirements of the development;
(b)
A title search for the land affected or other documents satisfactory to the Development
Authority indicating thee applicant's interest in the said land;
(c)
The authorization of the registered landowner;
(d)
Drawings drawn to the satisfaction of the Development Authority, which shall be fully
dimensioned, accurately figured, explicit and complete; and
(e)
Any other information deemed necessary by the Development Authority.
(4)
During deliberation on the Bylaw amendment application, Council may refer the application
to such agencies as it considers necessary for comment.
(5)
Council may request such information as it deems necessary to reach a decision on the
proposed amendment.
6.2
WAITING PERIOD FOR RE-APPLICATION
(1)
In the case where an application for a bylaw amendment has been refused pursuant to this
Bylaw, 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 Authority for at least six (6) months after the date of the previous refusal.
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6.3
PUBLIC HEARING PROCESS
(1)
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.
(2)
Upon receipt of a complete application, the Development Authority shall refer the application
to Council for first reading.
(3)
Prior to any Public Hearing, the Village shall give notice in accordance with the Act.
(4)
Prior to any Public Hearing for a site specific land use bylaw amendment only, the
Development Authority shall mail a notice in writing to all owners of land adjacent to the
subject site.
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PART 7 - ENFORCEMENT
7.1
CONTRAVENTION
(1)
Where a Development Authority finds that a development or use of land or buildings is not in
accordance with:
(a)
The Act or the regulations made thereunder, or
(b)
A development permit or subdivision approval, or
(c)
This Bylaw;
(2)
The Development Authority may, by notice in writing, order the owner, the person in
possession of the land or buildings, or the person responsible for the contravention, or all or
any of them to:
(a)
Stop the development or use of the land or buildings in whole or in part as directed by
the notice, and/or
(b)
Demolish, remove or replace the development, and/or
(c)
Take such other measures as are specified in the notice;
(i)
So that the development or use of the land or buildings is in accordance with the
Act, the regulations made thereunder, a development permit, subdivision
approval or this Bylaw, as the case may be.
(3)
Where a person fails or refuses to comply with an order directed to him under Section 7.1(1)
above or an order of the Subdivision and Development Appeal Board within the time
specified, the Development Authority may, in accordance with Section 542 of the Act, with
the support of a Peace Officer or Enforcement Officer, enter upon the land or building and
take such action as is necessary to carry out the order. A person who contravenes or fails to
comply with any provision of their development permit is guilty of an offence and is liable
upon summary conviction of a fine.
(4)
Where the Development Authority carries out an order, the Council shall cause the costs and
expenses incurred in carrying out the order to be placed on the tax roll as an additional tax
against the property concerned, and that amount shall be collected in the same manner as
taxes on land.
(5)
A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an
offence and is liable upon summary conviction to a fine not exceeding $10,000.00 or to
imprisonment for not more than one year, or to both fine and imprisonment, pursuant to
Section 566 of the Act.
(6)
A Development Authority may suspend or revoke a development permit which has not been
complied with, following notification, stating the reasons for such action.
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(7)
In addition to the process and penalties described above, the Development Authority, Peace
Officer, Bylaw Officer or any other person identified by the CAO for the purposes of this
Section, shall be authorized to inspect any development to confirm compliance, and if not in
compliance to issue violation tickets in respect to any contravention of this Bylaw.
(8)
Violation Tickets:
(a)
The Development Authority, Peace Officer, Bylaw Officer or any other person identified
by the CAO for the purposes of this section, may issue a violation ticket to any person
alleged to have breached any provision of this Bylaw.
(b)
The violation ticket shall specify the alleged offence committed by the person to whom
the violation ticket is issued and require voluntary payment, or the option of a court
appearance on a date specified, and will be dealt with thereafter at the court's
discretion.
(c)
Persons contravening any provision of this Bylaw to whom violation tickets are issued
shall be liable for a penalty of $500.00 for a first offence and $1000.00 for a second or
subsequent offence within the same calendar year. Each day that a breach of the Bylaw
has occurred may be considered to be a separate offence.
(d)
The violation ticket shall be served upon the alleged offender personally, or if the
defendant cannot be conveniently found, by leaving it for the defendant at the
defendant's place of residence with a person on the premises who appears to be at
least 18 year of age. If payment is made within the time limit, then such payment shall
be accepted in lieu of prosecution for the offence.
(e)
If a person who has been served with a violation ticket fails to pay the fine specified
therein, then the right of the alleged offender to settle the alleged offence without a
court appearance shall no longer apply and prosecution for the alleged offence shall
proceed.
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PART 8 - GENERAL REGULATIONS
8.1
ACCESSORY BUILDINGS AND USES
(1)
No person shall construct or utilize an accessory building except in compliance with this
section.
(2)
All accessory buildings shall be located at least 2.0 m from any principal building.
(3)
An accessory building shall not be used as a dwelling unit.
(4)
An accessory building may not be constructed within the required front yard setback area of
any district.
(5)
Accessory buildings shall be constructed with exterior finish materials that compliment
those of the principal building.
(6)
An accessory building shall not be located on an easement or utility right-of-way.
(7)
An accessory building shall not have a height exceeding 11 metres.
(8)
Decks, balconies, sunrooms and the like shall not be constructed on top of an accessory
building unless the setbacks of the accessory building comply with the allowable setbacks for
the principal building in that district.
(9)
Accessory buildings under 10 m² in size and patios which are uncovered, and the walking
surface is less than 0.6 m (2 feet) above grade are not required to meet the setback
requirements for the District which is it located.
(10) An accessory building, over 10 m², is required to meet the setback requirements for the
District in which it is located.
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8.2
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
under Section 8.2(2).
(2)
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 8.2.1 - BUILDING HEIGHT CALCULATIONS
Height Average = (X+Y)/2
8.3
CORNER AND DOUBLE FRONTING PARCELS
(1)
In all districts, a site abutting onto two streets or more shall have a front yard setback on
each street in accordance with the front yard regulations of this Bylaw.
(2)
In all cases, the location of building on corner sites shall be subject to approval of the
Development Authority who may, at their discretion, relax the front yard setback
requirements taking into account the location of existing adjacent buildings or the permitted
setback on adjacent sites where a building does not exist.
(3)
On corner parcels contiguous to the development must comply with any road side
development permits issued by Alberta Transportation.
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8.4
CURB CUTS
(1)
The nearest edge of a proposed curb cut to the nearest curbline of the street intersection
shall not be less than 12.0 m.
(2)
The maximum width of the curb cut shall not exceed 9.1 m in industrial districts and 6.0 m in
all other districts, unless otherwise specified by the Development Authority for reasons of
public safety or convenience.
(3)
All private curb cuts musts be completed to the Village's standards and require a
development permit.
8.5
DWELLING UNITS ON A PARCEL
(1)
The number of dwelling units allowed on any single parcel shall be one, except where
additional dwellings are:
(a)
Contained in a building designed for, or divided into, two or more dwelling units and is
located in a land use district which permits multiple units; and
(b)
A building defined in the Condominium Property Act (Chapter C-22, R.S.A. 2000) and
all regulations and amendments thereto and is the subject of an approved
condominium plan registered under that Act.
8.6
EMERGENCY ACCESS TO BUILDINGS
(1)
Sites shall be so designed that, in the opinion of the Development Authority, appropriate
access for firefighting equipment is afforded to all buildings, moreover,
(a)
In the case of industrial, commercial, multiple family, or public or quasi-public sites,
the distance between the fire hydrant and any driveway or access point shall be a
minimum of 3.0 m. In the case of single family sites, the distance between the fire
hydrant and any driveway or access point shall be a minimum of 1.85m; and
(b)
No person shall in any manner obstruct the fire access to any hydrant, valve or curb
stop. No vehicle, building, structure, or vegetation higher than 0.5 m, shall be placed
within 1.5 m from a hydrant.
(c)
Or where Secondary Suites and or Garden Suites are allowable.
(2)
On at least two sides, one of which shall be the longest side, of any building used as an
apartment building and which exceeds two storeys in height, there shall be firm level areas
accessible for firefighting equipment for at least 75% (seventy five percent) of the length of
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each of the two sides of the building. Such areas shall not be less than 4.25 m in width and
not more than 3.0 m from the building, and no permanent structure or vehicular parking
shall be permitted thereon.
(3)
A lane or lanes for the purpose of permitting the access of firefighting equipment to all
major access points of shopping centre buildings shall be provided, and no permanent
structures or vehicular parking may be permitted thereon.
8.7
EXISTING SUBSTANDARD LOTS
(1)
Development on existing substandard lots may be considered by the Development Authority
who shall have due regard for compliance with the Safety Codes Act and its regulations prior
to granting approval.
8.8
FENCES
(1)
In any district, except as herein provided,
(a)
No fence shall be constructed that is located on public property;
(b)
No fence shall be constructed that is:
(i)
For internal lots, no higher than 2.0 m for the portion of the fence that does not
extend beyond the foremost portion of the principal building on the site of the
principal building on the lot;
(ii)
For corner lots, as per Figure 8.9.1, fences shall be no higher than 2.0 m for the
portion of the fence that does not extend beyond the foremost portion of the
principal building if in the opinion of the Development Authority, it will not
prejudice the safety and amenities of the adjoining lots.
(iii)
In the case of corner lots, no person shall construct a fence or other screening,
including landscaping, more than 1.0 m high within the triangular area 6.0 m
back from the intersecting front boundary lines of the lot, regardless of whether
or not a corner cut-off has been taken; and
(iv)
Where lots have both their front and rear yards facing onto a street, special
approval of the Development Authority must be obtained prior to the erection
of any fences on such properties. Size and specifications for fences in these
areas must conform with the overall standard set for the area by the Village.
(2)
Apartments or row houses adjacent to a single detached residential dwelling shall provide a
fence, or other such screening approved by the Development Authority, of not more than
2.0 m in height along the side abutting the single detached dwelling;
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(3)
In the case of commercial, public and quasi-public uses abutting a residential area, a fence to
provide screening shall be provided of at least 1.5 m in height and no higher than 2.0 m
along the sides abutting the residential area;
(4)
Notwithstanding Subsection 8.9(3), the maximum height of a fence in a Commercial,
Industrial or Urban Reserve District shall be determined by the Development Authority.
Where a fence has been permitted to be higher than 2.0 m in an Industrial or Urban Reserve
District, no barbed wire fences shall be permitted below a height of 2.0 m. This requirement
may be relaxed by the Development Authority at his/her discretion in an area where
residences would not be in close proximity to the fence proposed;
(5)
No electrification of fences shall be permitted in any district; and
(6)
No barbed wire fences shall be permitted in residential districts.
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FIGURE 8.9.1 - FENCE DIAGRAM
8.9
FLOODPLAIN DEVELOPMENT
(1)
The Development Authority may require reports to be submitted by qualified consultants
to help determine the setback distance from water bodies. The setback may be reduced if
supported by a report submitted by a qualified engineer.
(2)
Notwithstanding Section 8.10(1) no new development or the expansion of existing
development shall be allowed within the 1:100 year flood plain of any watercourse or water
body as determined by Alberta Environment.
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8.10 LANDSCAPING
(1)
A landscaping plan may be required by the Development Authority. If required, a
landscaping plan shall contain the following information for the site and adjacent
boulevards:
(a)
all physical features, existing or proposed, including shrubs, trees, flower beds, berm
contours, walls, fences, outdoor furniture, surface utilities, and decorative paving;
(b)
all shrubs and trees, whether existing or proposed labelled by their common name
and size.
(2)
As a condition of the development permit, all landscaping and planting required must be
carried out to the satisfaction of the Development Authority, and within one year of
occupancy or commencement of operation of the proposed development. All plant material
shall be hardy to the Village of Donnelly.
(3)
All areas not used for vehicles, storage or building shall be landscaped with a minimum of
grass cover within 1 year of the development permit.
(4)
In all districts, the Development Authority may require screening to be provided in the form
of hard or soft landscaping in order to visually screen areas which detract from the
surrounding neighbourhood. The materials of the screen shall be to the satisfaction of the
Development Authority
(5)
The Development Authority may impose conditions requiring the retention or removal of
trees, as well as additional tree planting.
(6)
Development Permits are required for all retaining walls over 0.60 m (2 feet).
(7)
Any area requiring landscaping or topographic reconstruction shall be landscaped so that
the finished surface contours do not direct surface drainage onto an adjoining site.
(8)
Any lighting proposed to illuminate areas in any District shall be located and arranged to the
satisfaction of the Development Authority so that all direct rays of light are directed upon
the area to be illuminated and not on any adjoining properties.
8.11 LIMITED ACCESS TO MAJOR ROADS
(1)
No access for vehicles will be permitted from an arterial road as designated by the Municipal
Development Plan, or Area Structure Plans to:
(a)
Any residential site, unless the access serves three or more dwelling units; or
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(b)
Any site, unless turning space is provided on the site such that vehicles entering upon
the site may turn before re-entering the street; or
(c)
Any site where, in the opinion of the Development Authority, there would be an
excessive number of access points approved by Alberta Transportation.
(2)
Access to Highway 2 shall be limited to arterial roads, collector and services roads, and
where no service roads are provided, access shall be limited to those access points approved
by Alberta Transportation.
8.12 ON-SITE AND OFF-SITE SERVICES AND IMPROVEMENTS
(1)
Where any on-site services or improvements, or any off-site local improvements are
required to service a proposed development, a person shall not begin the excavation for the
foundation nor commence the development until the Development Authority is satisfied
that such services will be provided or improvements will be undertaken.
(2)
No new development permits shall be issued for a development to be served by private
sewer and water systems until the systems have been approved by the appropriate
Municipal or Provincial authorities having jurisdiction.
8.13 PROJECTIONS OVER YARDS
(1)
The following encroachments 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 encroach into the front and
rear yards only:
(a)
Front Yard: 2.0 m for balconies; and 1.0 m for cantilevers, eaves, gutters, landings, and
window sills (see Figure 8.15.1).
(b)
Rear Yard: 2.0 m for balconies; and 1.0 m for box-outs, cantilevers, eaves, gutters,
landings, and window sills (see Figure 8.15.2).
(c)
Side Yard (Interior): 1.0 m for balconies; and 0.6 m for box-outs, eaves, gutters,
landings and window sills (see Figure 8.15.1).
(d)
Side Yard (Exterior): 1.0 m for balconies; and 0.6 m for box-outs, cantilevers, eaves,
gutters, landings and window sills (see Figure 8.15.2).
(2)
For multi-attached dwellings, balconies and decks may be extended to the lot line or
common wall, provided that the common wall is extended for separation/privacy.
(3)
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.
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(4)
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 from finished grade to the lowest point of
the projection is maintained.
(5)
The projection length limitations are as follows:
(a)
The individual projection maximum length shall not exceed 3.0 m; 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 8.15.1: PERMITTED PROJECTIONS - FRONT AND INTERIOR SIDE YARD SETBACKS
Interior Side Yard
- 0.6m (2.0 ft.): boxouts,
cantilevers, windowsills,
eves
- 0.9m (3.0 ft.): landings
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FIGURE 8.15.2: PERMITTED PROJECTIONS - REAR AND EXTERIOR SIDE YARD SETBACK
8.14 PUBLIC LANDS AND VILLAGE BOULEVARDS
(1)
There shall be no unauthorized encroachments onto municipal property, including parks and
road rights-of-way. Where an encroachment exists without Village approval, the owner
shall be required to remove the encroachment at his/her own expense, or seek permission
from the Council for the encroachment to remain.
(a)
There shall be no encroachments into Alberta Transportation Highway Right-Of-Ways
without written approval from Alberta Transportation.
(2)
All encroachment agreements approved by council shall be registered on title.
(3)
Notwithstanding Section 8.14(1), the owner(s) of a lot may develop the boulevard abutting
their property by excavating, backfilling, levelling or consolidating to final grade, and seed or
perform other works that may be necessary to develop a turf boulevard provided that all
work shall be entirely at the owner's expense.
8.15 PUBLIC UTILITY BUILDINGS AND EASEMENTS
Exterior Side Yard
- 0.6m (2.0 ft.): boxouts,
cantilevers, windowsills, eves
- 0.9m (3.0 ft.): landings
- 1.0m (3.3 ft.): balconies
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(1)
Notwithstanding other regulations in this Bylaw, a person erecting a public utility facility or
placing utility equipment on a site shall cause it to be placed in a location and with yard
setbacks which are satisfactory to the Development Authority.
(2)
Subject to the conditions of a utility easement, no permanent structure other than a fence
shall be constructed or placed on that utility easement unless:
(a)
In the opinion of the Development Authority the said structure does not restrict
access to the utility easement for the purpose of installation and maintenance of the
utility; and
(b)
Written consent has been obtained from the person whose use the easement has
been granted.
8.16 RELOCATION OF BUILDINGS OR STRUCTURES
(1)
No person shall:
(a)
Place on a lot a building which has previously been erected or placed on a different
lot; or
(b)
Alter the location on a lot of a building which has already been constructed on that lot,
(c)
Unless the Development Authority approves the placement or alteration.
(2)
An approval shall not be granted under Section 8.16(1) above unless the Development
Authority is satisfied that:
(a)
The placement or location of the building would meet the requirements of the Bylaw;
and
(b)
The building and the lot meet the requirements of this Bylaw and the land use district
in which it is proposed to be located.
(3)
Before considering any application for a Moved-in Building and in addition to the
requirements of Section 8.16(1) and Section 8.16 (2), the Development Official shall require
a development permit application that includes:
(a)
Recent colour photographs of all elevations including additions;
(b)
A statement of the age, size, and structural condition of the building; and
(c)
Documentation from a certified safety code officer that the building meets the
requirements of the Safety Codes Act or, if it does not, how the building will be
brought up to these requirements.
(d)
A report submitted by a qualified engineer indicating the building, post-relocation, has
been inspected and meets the requirements of the Alberta Building Code.
(4)
As a condition of issuing a development permit approval for a Moved-In Building, the
Development Authority shall require a letter of undertaking (agreement) and the posting of
security in the form of an irrevocable letter of credit or cash, in the amount of the total
estimated costs to relocate the building, to be provided prior to the issuance of a building
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permit and the building being moved on site. This security will ensure that any required
modifications to the design, construction, siting, finishing and cladding of the relocated
building are completed.
(5)
The conditions shall be completed within one year of the issuance of the development
permit, as determined by the Development Authority.
(6)
The security will be released once all the conditions have been completed by the applicant
to the satisfaction of the Development Authority, and are met within the time frame as set
out in the development permit.
(7)
Upon expiry of the Development Permit, if the required work has not been completed to
Village's satisfaction, the Village may use the security to have the work completed and bring
the building into compliance.
(8)
The applicant shall be advised not less than 30 days prior to the expiration time set out in
the development permit, that action will be undertaken by the Village to use the security in
completing the required renovations if they have not been completed by the expiration
date. Only Council may direct Administration to delay action to complete the requirements
of the permit.
8.17 RESIDENTIAL AND INDUSTRIAL USES ADJACENT
(1)
In considering subdivision or development permit applications for residential uses adjacent
to existing industrial developments or industrial uses adjacent to existing residential
developments, the Development Authority may impose conditions addressing:
(a)
Providing proper services and access to the site,
(b)
Screening, aesthetics and landscaping,
(c)
Control of signage,
(d)
Noise control,
(e)
A development agreement, with the need to provide security, and
(f)
Any other issue deemed necessary by the Development Authority.
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PART 9 - SPECIFIC USE REGULATIONS
9.1
BED AND BREAKFAST ESTABLISHMENTS
(1)
Bed and Breakfast Accommodation shall be viewed as Home Occupation.
(2)
All persons operating bed and breakfast facilities must provide evidence of compliance with
municipal, provincial and/or federal regulations in regard to their operation.
(3)
A bed and breakfast is an accessory use to a main residential use.
(4)
A Development Authority may permit a Bed and Breakfast Accommodation use only if in the
opinion of the Development Authority it will:
(a)
Be restricted to the dwelling unit;
(b)
Not change the principal character or external appearance of the dwelling involved;
except where minimal exterior modification of the structure or grounds are compatible
with the character of the area or neighborhood and pursuant to a Development Permit;
(c)
Not create a nuisance by way of noise, parking or traffic generation;
(d)
Be limited to one (1) identification sign no more than 0.3 m2 in size and displayed from
within the establishment; and
(e)
One on-site parking stall shall be provided for each bedroom provided for
compensation.
9.2
CANNABIS PRODUCTION AND DISTRIBUTION FACILITY
(1)
Cannabis facilities must have a licence issued by the Health Canada.
(2)
The following regulations apply to cannabis facilities:
(a)
An ancillary building or structure used for security purposes may be located on the
parcel containing the use as an accessory building which meets the regulations of this
Land Use Bylaw.
(b)
Facilities must include equipment designed and intended to remove odours from the air
where it is discharged from the facility as part of a ventilation system.
(c)
Facilities must not be within 100 metres of a residential district measured from the
building containing the use to the nearest property line of a parcel designated as a
residential district.
(3)
An application for a Development Permit for Cannabis Production and Distribution Facility
requires a Development Permit shall be made to the Development Authority and shall
include reports prepared by the appropriate professionals for the following:
(a)
the incineration of waste products and air borne emission, including smell;
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(b)
the quantity and characteristics of liquid and waste material discharged by the facility;
and
(c)
the method and location of collection and disposal of liquid and waste material.
(d)
Additional information as required by the Development Authority.
(4)
The operator of a Cannabis Production and Distribution Facility must ensure that nuisances,
including odour, are addressed to the satisfaction of the Development Authority.
9.3
CANNABIS RETAIL SALES
(1)
Cannabis stores and where all cannabis that is offered for sale or sold must be from a
federally approved and licensed facility.
(2)
Cannabis stores must be licensed by the Alberta Government.
(3)
Cannabis stores must be a stand-alone use, which means it cannot be combined with
another use, such as a convenience store. However, cannabis stores can occur in a multi-
tenant building or as part of a mixed-use development.
(4)
The operator of a Cannabis Retail Sales must ensure that nuisances, including odour, are
addressed to the satisfaction of the Development Authority.
(5)
Cannabis stores shall not be located within 100 metres of any other Cannabis Store, when
measured from the closest point of a parcel of land containing a Cannabis Store to the
closest point of another parcel of land containing a Cannabis Store with the following
exceptions:
(a)
A proposed cannabis store is at the same location as an existing retail store that
currently sells cannabis-related paraphernalia as its main merchandise,
(b)
There is only one other cannabis store within the minimum separation distance,
(c)
A proposed cannabis store is located on a different street or on the opposite side of the
same street as the existing cannabis store,
(d)
A major road, expressway or river separates the proposed cannabis store from the
existing cannabis store,
(e)
A proposed cannabis store is located in an enclosed shopping centre, or
(f)
An existing approved cannabis store proposes to relocate to a new location within 100
metres of its original location, provided that it does not move within the separation
distance of a different cannabis store.
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(6)
Cannabis stores shall not be located within 100 metres of the following:
(a)
A building containing a public school, private school, or a boundary of the parcel of land
which the facility is located, or
(b)
All properties which are designated as School Reserve or municipal and school reserve
on the certificate of title.
(c)
A provincial health care facility, or a boundary of the parcel of land on which the facility
is located, or
(d)
Emergency shelter.
9.4
CHILD CARE FACILITIES AND FAMILY DAY HOMES
(1)
Child Care Facilities:
(a)
Shall follow the Child Care Licensing Regulations that may provide programming for the
social, creative, educational and physical development of children;
(b)
May have privacy screening or other buffering techniques designed to limit impact on
other uses or the surrounding residential properties;
(i)
(2)
A Family Day Home/ After School Care:
(a)
May require privacy screening that prevents visual intrusion into any outdoor play
areas; and
9.5
HOME OCCUPATIONS
(1)
All home occupations shall:
(a)
require a development permit; and,
(b)
be considered temporary uses.
(2)
Uses that are not considered Home Occupations include, but are not limited to:
(a)
Adult Entertainment Facilities;
(b)
Auto Body and Paint Shop, Auto Detailing Facility, Automotive, Equipment and Vehicle
Services, Automotive Services, and Automotive Specialty;
(c)
Cannabis Retail Sales, Cannabis Production and Distribution;
(d)
Escort Services; or
(e)
Veterinary services.
(3)
Home Occupations which are a desk and phone operation and do not have daily visitors do
not require a development permit.
(4)
All home occupations may be required to comply with the following general regulations:
(a)
All home occupations shall be operated as a secondary use only and shall not change
the principal character and external appearance of the dwelling in which it is located.
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(b)
One non-illuminated fascia sign or nameplate to identify a home occupation not greater
than 0.27 square meters in an area placed within the dwelling unit or any accessory
building is permitted.
(5)
Home occupations shall meet all the requirements of Section 9.5 5 and shall comply with the
following regulations:
(a)
Any storage of materials or goods related to the home occupation must be located
within the principal dwelling and/or accessory structure and no exterior storage is
permitted.
(6)
Home occupations shall not, in the opinion of the Approving Authority, create a nuisance by
way of dust, noise, smell, smoke or traffic generation;
9.6
MANUFACTURED HOMES
(1)
Development Permits for a Manufactured home unit shall have:
(a)
Third party certification from an accredited inspection agency including the Canadian
Standard Association (CSA), Intertek or Quality Auditing Institute (QAI).
(b)
Alberta Municipal Affairs Label.
(c)
Model number.
(d)
Manufactured home unit serial number.
(e)
Photos of all exterior sides of the Manufactured Home.
(2)
All accessory structures, such as patios, porches, additions and skirtings, shall be
(a)
Designed and erected as to harmonize with the manufactured home units,
(b)
Considered as part of the main building, and
(c)
Erected only after obtaining a Development Permit.
(3)
A manufactured home unit shall be skirted from the floor level to the ground level. The
skirting shall compliment the external finish of the manufactured home unit.
(4)
The following regulations apply to all manufactured home units:
(a)
The hitch is to be removed from the manufactured home unit.
(b)
All manufactured home units shall be placed on a foundation or screw-piles.
(c)
The lot or stall is to be fully landscaped within one (1) year from the date of issuance of
the development permit for the manufactured home unit.
9.7
SOLAR COLLECTORS
(1)
A solar collector may be located on the roof or wall of a building or structure.
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(2)
A solar collector mounted on a roof must not extend beyond the outermost edge of the
roof.
(3)
A solar collector mounted on a structure must meet yard setback and district height
regulations.
9.8
USES PERMITTED IN ALL LAND USE DISTRICTS
(1)
The following Uses are permitted in all Land Use Designations:
(a)
Public utility;
(b)
Road;
(c)
Highway; and
(d)
Park.
(e)
Municipal Infrastructure
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PART 10 - PARKING & LOADING FACILITIES
10.1 PARKING FACILITIES - GENERAL REGULATIONS
(1)
Parking stalls and loading spaces shall be clearly marked in the parking facility. Such marking
shall be regularly maintained to ensure legibility to users and shall be to the satisfaction of
the Development Authority.
(2)
All off-street parking facilities shall be so constructed that:
(a)
Necessary curb cuts are located and flared to the satisfaction of the Development
Authority;
(b)
Parking facilities used at night should have adequate lighting for the entire parking
facility. Such lighting shall be directed away from adjacent residential properties and
other properties where in the opinion of the Development Authority they would have
adverse effects;
(c)
Grades and drainage shall dispose of surface water. In no case shall grades be
established that would permit surface drainage to cross the site boundary without the
approval of the Development Authority; and
(d)
Parking for the physically handicapped shall be provided as provincial regulations
require and shall be considered as part of the number of stalls required for the
project.
(3)
Where a proposed development will, from time to time, require pick-up or delivery of
commodities, adequate space for the loading and unloading of same should be provided and
maintained on the site to the satisfaction of the Development Authority.
10.2 PARKING AREAS
(1)
Unless otherwise approved by the Development Authority, each development shall provide
on its site a parking area containing, at a minimum, the number of parking spaces as
calculated in Table 10.2.1.
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Table 10.2.1 - Parking Requirements
Use of a Building or Site
Minimum Number of Parking Spaces
Residential Uses
Multi-family dwellings
1.5 per dwelling unit and 0.25 per dwelling unit for
visitor parking
Seniors apartments
1 per dwelling unit and 0.25 per dwelling unit for
visitor parking or as required by the Development
Authority
Residential Care Facilities
1 per dwelling unit
1 space per 2 employees per working shift
Secondary suites
1 per dwelling unit
All other dwellings
1 per dwelling unit
Commercial and Industrial Uses
Cannabis Production
Facilities
1 per 100 m2 of gross floor area for the first 2,000
m2, and then 1 per each subsequent 500 m2
Eating and drinking
establishments
1 per 4 seating spaces
Hotels and motels
1 per rentable unit
1 space per 2 employee per working shift
Bed and breakfast
1 per bedroom
Home occupations
1 in addition to the requirements for the
residential use at the discretion of the Development
Authority
Professional offices
1 per 45 m² of gross leasable area
All other commercial uses
1 per 35 m² of gross leasable area
All industrial uses
1 per 46 m² of gross leasable area
Institutional Uses
Schools
2 per classroom
High School
3 per classroom
Church
1 per 8 seating spaces
Community Building
1 per 3.5 seats or 1 per 3 m² of gross usable area,
whichever is greater
Hospitals and similar uses
1 space per 95 m²
(a)
In the case of a use not specifically mentioned, the required number of on-site parking
spaces shall be the same as for a similar use as determined by the Development
Authority.
(b)
Where a fractional number of parking spaces are required, the next highest number of
spaces shall be provided.
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(c)
If the Development Authority approves, one or more developments or uses may pool
their minimum required parking spaces within one or more communal parking areas
and may thereby collectively fulfill the requirements of this Bylaw.
(d)
Where a hotel, restaurant, motel or drinking establishment are grouped in any
combination on a site, the required number of parking spaces may be reduced, at the
discretion of the Development Authority, to 75% of the combined total of all specified
uses.
(2)
At the discretion of the Development Authority, minimum parking requirements may be
relaxed beyond the variance outlined in Section 4.6(5) and Section 4.6(6) for existing buildings
where historical site design is not being altered, and cannot accommodate the required
number of parking stalls.
(3)
Surfacing and Drainage
(a)
All parking areas should be clearly marked, landscaped and adequately lit with lighting
away from adjacent sites, adequately graded and drained to dispose of all stormwater
run-off, contain the necessary curb cuts, and surfaced in a manner to match the road
or lane from which the parking area gains access.
(b)
Drainage shall only be allowed to cross sidewalks if approved by the Development
Authority.
(4)
All parking areas shall conform to the requirements shown in Table 10.2.2 and Figure 10.2.1.
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Table 10.2.2 - Required Parking Stall Dimensions
(a)
Parking
Angle
(in degrees)
(b)
Width of
Space in
m (ft)
façade
Stall Depth
Perpendicular
to Aisle
(d)
Width of Space
Parallel to
Manoeuvring
Aisle in m (ft)
façade
Overall
Depth in
m (ft)
(f)
Width of
Manoeuvring
Aisle in m (ft)
0
2.7 (9)
2.7 (9)
7.0 (23)
9.1 (30)
3.6 (12)
30
2.7 (9)
5.2 (17)
5.5 (18)
14.0 (46)
3.6 (12)
45
2.7 (9)
5.9 (19)
4.0 (13)
15.2 (50)
4.0 (13)
60
2.7 (9)
6.1 (20)
3.1 (10)
18.3 (60)
6.1 (20)
90
2.7 (9)
6.1 (20)
2.7 (9)
19.5 (64)
7.3 (24)
Figure 10.2.1 - Parking Guide to Correspond with Table
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PART 11 - SIGNS
11.1 PURPOSE
(1)
The purpose of this Chapter is to regulate the development and display of signage within the
Village of Donnelly. This Chapter provides signage development standards related to:
(a)
Location.
(b)
Type.
(c)
Quantity.
(d)
Height.
(e)
Size.
11.2 PROHIBITED LOCATION
(1)
No part of any sign, including any accessory components, shall be located on any roadway,
boulevard, sidewalk. Only 'A-Frame' type signs may be permitted on a sidewalk abutting a
business..
(2)
No part of any sign, including any accessory components, shall be located on any land
owned by the municipality without a council motion granting use of the land prior to the
Development Authority issuing a Development Permit.
11.3 SIGN DEVELOPMENT STANDARDS
(1)
Unless provided elsewhere in this Bylaw, signs shall be erected in accordance with the
standards specified in Table 11.3.1.
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Table 11.3.1 - Sign Development Standards
(2)
In addition to the standards specified in Table 11.3.1, the following regulations will also
apply:
(a)
Awning/Canopy Sign
(i)
No portion of the canopy/awning shall be closer than 600 mm to a vertical line
drawn from the adjacent curb.
(b)
Billboard Sign
(i)
Where a billboard shares a lot with a building, no billboard shall be located in the
front or side yard which runs parallel to an adjacent roadway.
(ii)
Billboards shall be spaced at a distance of 90 metres from one another.
Type
of Sign
Land Use Designation and Development Standards
IPU, UR
R1,
C
I
#
H
SA
#
H
SA
#
H
SA
#
H
SA
Freestanding
Sign
1
4.0 m
3.0 m2
1
1.5 m
1.5 m2
1
10m
10 m2
1
10 m
12 m2
Wall Sign
1
N/A
3.0 m2
1
N/A
1.0 m2
1^
N/A
20 m2
1^
N/A
24 m2
Portable Sign
1
2.5 m
3.0 m2
1
2.5 m
3.0 m2
1
2.5 m
3.0 m2
1
2.5 m
3.0 m2
A-Frame Sign
1*
1.0 m
0.7 m2
Not Permitted
1*
1.0 m
0.7 m2
1*
1.0 m
0.7 m2
Temporary Sign
1
4.0 m
3.0 m2
Not Permitted
1
6.0 m
9.0
m2
1
6.0 m
9.0 m2
Canopy Sign
1*
2.5
m**
1.5 m2
Not Permitted
1*
2.5 m**
1.5 m2
1*
2.5
m**
1.5 m2
Dynamic Sign
1
2.5 m
1.5 m2
Not Permitted
1
2.5 m
1.5 m2
1
2.5 m
1.5 m2
Rotating Sign
Not permitted
Not Permitted
1
10 m
10 m2
1
12 m
15 m2
Projecting Sign
Not permitted
Not Permitted
1
2.5 m**
1.5 m2
1
2.5
m**
1.5 m2
Roof Sign
Not Permitted
Not Permitted
1
7.5 m
10 m2
1
10 m
15 m2
Billboard Sign
Not Permitted
Not Permitted
1
10 m
10 m2
1
9.5 m
12 m2
Key
# = Refers to the maximum Number of Signs permitted per lot
H = Refers to the maximum Sign Height permitted
SA = Refers to the maximum Sign Area permitted
^ = Refers to the maximum number of permitted signs per each side of a building facade
* = Refers to the maximum number of permitted signs per business on a lot
** = Refers to the minimum vertical clearance from grade or, if applicable, a sidewalk to the bottom of the sign
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(iii)
Where a portable sign is serving as a billboard it shall be spaced 45 metres from
other portable or permanent signs serving as billboards.
(3)
Dynamic Signs
(i)
No Dynamic Sign may be erected except as permitted in this Section;
(ii)
The Development Authority shall only approve a Dynamic Sign as a portion of a
permitted Community, Canopy, Free Standing or Fascia Sign.
(iii)
A Dynamic Sign may display public service announcements, but shall not include
third party advertising or sponsor recognition except when it is located on a site
in a Public Service (PS) district.
(iv)
Dynamic Signs shall only be permitted as a discretionary use in Commercial,
Industrial and Public Service Districts, and must meet the following requirements:
(1)
not be located within 30.0 m radius of a residential district, and when site
or lot of a proposed dynamic sign location is adjacent to a residential
district, notification will be sent within a 100.0 m radius of the proposed
site,
(2)
be limited to one sign per building or site, with the exception of Public
Service sites over 17 ha will be limited to two (2) signs provided that one of
the signs must be a fascia sign and the other must be a portion of a
freestanding sign, and further provided that the two (2) signs must be at
least 50.0 m apart,
(3)
not be located on a lot within a 50.0 m radius of the boundary of a lot
containing an existing dynamic sign,
(4)
comprise of not more than 25% of the total freestanding or fascia sign area.
(v)
A development permit for a dynamic sign shall be valid for a maximum of two (2)
years, at which time a new permit must be applied for. The conversion of an
existing sign to a dynamic sign shall require a development permit.
(vi)
Any digital sign located within 50 m of a residential district may be subject to
restricted operating hours at the discretion of the Development Authority.
(vii) The use, size and location of digital signs must comply with all other relevant
municipal and provincial regulations.
(viii) The sign panel does not contain or display flashing, intermittent, or moving lights,
including animated or scrolling text.
(ix)
A sign panel provided as a public service showing the time and temperature shall
not be considered a flashing or moving sign.
(x)
The sign content remains fixed/static for a minimum message display duration,
where: Min. Display Duration (sec) = Sight distance to sign (m)/ Speed limit
(m/sec).
(1)
In lower speed areas, the formula above should be used with a minimum
sight distance to sign of 350 m.
(2)
In areas with speed limit ≥80 km/h, the minimum message display duration
is 60 seconds, unless the sight distance to the sign is less than 1 kilometre
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(xi)
When a message is changed electronically, it must be accomplished within an
interval of 0.1 seconds or less so that an approaching driver cannot perceive any
blanking of the display screen.
(xii) There shall be no visual effects between successive displays.
(xiii) The sign panel must contain a default design that will freeze the sign panel
message in one position if a malfunction occurs.
(xiv) The sign panel shall be equipped with a control system that automatically adjusts
light emission level to ambient light conditions so as not to cause glare or
excessive brightness.
(xv) In no case shall the light level of any sign panel exceed 300 nits (candelas per
square metre) between the time of sunset and sunrise, nor 5,000 nits at other
times.
(xvi) The sign must not diminish the conspicuity of nearby traffic control devices.
(xvii) In cases where the sign is adjacent to an Alberta Transportation right-of-way,
Alberta Transportation shall have the ongoing discretion to require the
brightness, frequency, colours or other qualities of the sign panel be adjusted in
order to address safety concerns.
(xviii) All dynamic sign applications fronting onto Alberta Transportation roadways shall
be circulated to Alberta Transportation for comment.
(c)
Signage for a Bed and Breakfast
(i)
Each Bed and Breakfast homestay shall provide one (1) on-site for the purpose of
identification and shall be regulated in accordance with the following
requirements:
(1)
The sign shall be located within the front yard and must be visible from a
public road;
(2)
11.4 ADDITIONAL SIGN REGULATIONS
(1)
Council may require the removal of any sign, which is in its opinion, has become unsightly,
or is in such a state of disrepair as to constitute a hazard.
(2)
Where, in the opinion of the Development Authority, a proposed sign in a Commercial or
Industrial District might be objectionable to a resident in any adjacent residential district,
the Development Authority may impose such other regulations as they feel would protect
the interests of residents.
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(3)
Flashing, animated or interiorly illuminated signs shall not be permitted in any district where
in the opinion of the Development Authority they might:
(a)
Affect residents in adjacent housing, or residential districts;
(b)
Interfere with or obstruct a motor vehicle driver's vision or interpretation of oncoming
traffic signs or traffic signal lights.
(4)
Notwithstanding Part 11 of this Bylaw, no person shall exhibit or place an illuminated sign,
rotating sign or dynamic sign that permits or provides for:
(a)
A flashing beacon of a type that is the same or similar to those used by emergency
vehicles;
(b)
A flashing device, animator or revolving beacon within 50.0 m of the intersection of two
or more public roadways;
(5)
No person shall erect or place a sign so that it would be considered, in the opinion of the
Development Authority, to be a traffic hazard or an obstruction to the vision of persons
driving motor vehicles.
(a)
Billboard signs, electronic signs, dynamic signs and rotating signs which are visible
from Highway 2, but located outside of the Highway Right-Of-Way, shall be circulated
to Alberta Transportation for comment.
(6)
Notwithstanding Part 11 of this Bylaw no the Development Authority may not approve any
signs located within an Alberta Transportation Highway Right-Of-Way without written
approval from Alberta Transportation.
(7)
The area around sign structures shall be kept clean and free of overgrown vegetation, and
free from refuse material.
PART 12 - DISTRICTS AND REGULATIONS
12.1 ESTABLISHMENT OF DISTRICTS AND DISTRICT REGULATIONS
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(1)
Land use district and land use regulations shall be set forth in Part 12 and may be amended
in the same manner as any other Part or Section of this Bylaw.
12.2 LAND USE DISTRICTS
(1)
The Village is hereby divided into the following districts:
Designation Name
Designation Acronym
Restricted Residential
R1
Commercial
C1
Industrial
I
Institutional and Public Uses
IPU
Urban Reserve
UR
Direct Control
DC
12.3 LAND USE DISTRICT MAP
(1)
Land use districts specified under Section 12.2 are described in the short form on the LAND
USE DISTRICT MAP which is an integral part of this Bylaw.
(2)
Throughout this Bylaw and amendments thereto, a District may be referred to either by its
full name or its abbreviation.
(3)
The district regulations are delineated on the LAND USE DISTRICT MAP. Where uncertainty
arises as to the precise location of the property of any district, the following rules shall
apply:
(a)
Where a boundary is shown as following a street, lane, stream or canal, it shall be
deemed to follow the centreline 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 covered by Section12.3(3)(a) and Section 12.3(3)(b) above the
location of the district boundary shall be determined by:
(i)
Where dimensions are set out on the Land Use District Map, by the dimensions
so set, or
(ii)
Where 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.
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(4)
Where the application of the above rules does not determine the exact location of the
boundary of a district, the Council either on its motion or upon written application being
made to it by a 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 regulations of this Bylaw and the degree of detail as to measurements and directions as
the circumstances may require.
(5)
After Council has fixed a district boundary pursuant to the provisions of Section 12.3(4), the
portion of the boundary so fixed shall not be thereafter altered except by an amendment to
this Bylaw.
(6)
The Council shall maintain a list of its decisions with respect to boundaries or portions
thereof fixed by it.
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12.4 GENERAL RESIDENTIAL (R1)
(1)
Purpose
The R1 - General Residential designation is to provide for low density residential development in
the form of single detached dwellings with provisions for duplex and semi-detached dwellings,
townhouses, apartments, single-wide mobile homes and double-wide mobile homes.
(2)
Permitted and Discretionary Uses
Table 12.4.1 outlines the permitted and discretionary uses contemplated in the R1 designation
where approval is subject to the issuance of an authorized development permit.
Table 12.4.1
Permitted Uses
Discretionary Uses
-
-
First Accessory Building
-
Accessory Building
-
Housing, secondary suite
-
Housing, single-detached
-
Home Occupation
-
Park
-
Additional Accessory Buildings
-
Bed and breakfast
-
Child care facility
-
Family care facility
-
Housing, apartment (low rise)
-
Housing, duplex
-
Housing, modular
-
Housing, manufactured
-
Housing, row house
-
Religious institution
-
Utility installations
-
Signs, excluding dynamic signs
-
Solar Collectors
(3)
Development Standards
The Development Standards for all uses listed in Table 12.4.1 shall adhere to the standards listed in
Table 12.4.2.
Table 12.4.2
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Development Standard
Site Standard
Minimum Lot Area (m²)
- Housing, single-detached - 510.0 m²
- Other principles uses listed in Table 12.5.1
- Satisfaction of the Development
Authority
Minimum Mean Lot Width
- Housing, single-detached with interior side
yard - 6.0 m
- Housing, single-detached with exterior side
yard (corner lot) - 10.5 m
- Other principle uses listed in Table 12.4.1 -
Satisfaction of the Development Authority
Maximum Lot Coverage (%)
60.0%
Minimum Front Yard Setback (m)
6.0 m
Minimum Rear Yard Setback (m)
- Housing, single-detached - 6.0 m
- Other principle uses listed in Table 12.4.1 -
6.0 m
- Accessory Buildings - 1.0 m
Minimum Side Yard Setback (m)
- Housing, single-detached with interior side
yard (with adjacent rear lane) - 1.5 m
- Housing, single-detached (one side without
adjacent rear lane or one side of corner lot)
- 3.0 m
- Other principle uses listed in Table 12.4.1 -
1.5 m
- Accessory Buildings - 1.0 m
Maximum Height
11.0 m
Accessory Building Height
11.0 m
Minimum Building Size of Primary Residence
300 m²
(4)
Additional Regulations
(a)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(b)
Accessory uses in this designation shall be subject to the regulations.
(c)
Landscaping in this designation shall be provided in accordance with the regulations.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.5 COMMERCIAL (C)
(1)
Purpose
The Commercial designation is intended to provide for a wide variety of commercial, institutional
and residential uses within the core of the Village. The intent is to foster mixed-use development
and encouraging vibrancy in a manner that facilitates pedestrian movement.
(2)
Permitted and Discretionary Uses
Table 12.5.1 outlines the permitted and discretionary uses contemplated in the designation where
approval is subject to the issuance of an authorized development permit.
Table 12.5.1
Permitted Uses
Discretionary Uses
- Art gallery
- Bakery
- Club
- Convenience store
- Dry cleaning/Laundromat services
- Financial Services
- Funeral home
- Gas bar
- Grocery store
- Hotel
- Housing, apartment (low rise), second
story and above
- Office
- Medical clinic
- Motel
- Park
- Personal Services
- Professional Services
- Public administration
- Religious Institution
- Restaurant
- Retail
- Sign, excluding dynamic sign
- Additional Accessory Buildings
- Adult entertainment
- Automotive sales and/or rental
- Automotive supply store
- Brewery, winery and distillery
- Brewpub
- Cannabis retail sales
- Car/Truck wash
- Child care facility
- Commercial recreation & entertainment
facility
- Contracting services
- Drive-In Businesses
- Dynamic Sign
- Head shop
- Liquor store
- Lumber retail
- Nightclub
- Parking facility
- Pawn shop
- Repair shop
- Restaurant - drive thru
- Solar Collectors
- Utility installations
- Other Commercial Uses
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(3)
Development Standards
The Development Standards for all uses listed in Table 12.5.1 shall adhere to the standards listed in
Table 12.5.2.
Table 12.5.2
Development Standard
Site Standard
Minimum Lot Area (m²)
250.0 m²
Lot Frontage (m)
10.0 m
Lot Depth (m)
50.0 m
Maximum Lot Coverage (%)
80.0%
Minimum Front Yard Setback (m)
6.0 m
Minimum Rear Yard Setback (m)
Accessory Building - 1.0 m
All other cases - 6.0 m
Minimum Side Yard Setback (m)
Accessory Building - 1.0 m
All other cases - 3.0 m
Maximum Height
15.0 m
Accessory Building Height
15.0 m
(4)
Additional Regulations
(a)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(b)
Accessory uses in this designation shall be subject to the regulations.
(c)
Landscaping in this designation shall be provided in accordance with the regulations.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.6 INDUSTRIAL (I)
(1)
Purpose
The Industrial designation is intended to accommodate the development of a wide array of
industrial uses but which will not cause any objectionable or noxious conditions, be it noise, odour,
dust, vibration or any other similar sensation, beyond the lot on which they are located.
(2)
Permitted and Discretionary Uses
Table 12.6.1 outlines the permitted and discretionary uses contemplated in the M designation
where approval is subject to the issuance of an authorized development permit.
Table 12.6.1
Permitted Uses
Discretionary Uses
-
Accessory Uses
-
Agricultural sales and/or service
-
Automotive sales and/or rental
-
Automotive supply store
-
Bakery
-
Car/Truck wash
-
Club
-
Convenience store
-
Contracting services
-
Dry cleaning/Laundromat services
-
Gas bar
-
Greenhouse
-
Mini storage (indoor)
-
Public Administration
-
Repair shop
-
Retail business
-
Sign, excluding dynamic sign
-
Trucking establishment
-
Warehouse
-
Wholesale distributors
-
Veterinary clinic
-
Additional Accessory Buildings
-
Abattoir
-
Automotive service and/or paint shop
-
Amusement arcade
-
Adult entertainment
-
Auction mart
-
Bulk fuel and/or fertilizer sales and
storage
-
Cannabis facility
-
Casinos and bingo halls
-
Dynamic Sign
-
Gambling and gaming hall
-
Hatcheries
-
Liquor store
-
Manufacturing, processing, packaging or
assembly of goods or materials
-
Meat processing plant and
slaughterhouses
-
Recycling depot
-
Restaurant
-
Restaurant, drive-thru
-
Salvage yard
-
Solar Collectors
-
Storage (outdoor)
-
Truck Terminals
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(3)
Development Standards
The Development Standards for all uses identified in Table 12.6.1 shall adhere to the standards
listed in Table 12.6.2.
Table 12.6.2
Development Standard
Site Standard
Minimum Lot Area (m²)
250.0 m²
Minimum Lot Frontage (m)
15.0 m
Maximum Lot Coverage (%)
80.0%
Minimum Front Yard Setback (m)
7.5 m
Minimum Rear Yard Setback (m)
Where firewall is provided - 0.0 m
All other cases - 7.5 m
Minimum Side Yard Setback (m)
Where firewall is provided - 0.0 m
All other cases - 3 m
Maximum Height
30.0 m
Accessory Building Height
30.0 m
(4)
Additional Regulations
(a)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(b)
Accessory uses in this designation shall be subject to the regulation.
(c)
Landscaping in this designation shall be provided in accordance with the regulation.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.7 INSTITUTIONAL AND PUBLIC USE (IPU)
(1)
Purpose
The IPU - Institutional and Public Use designation is intended to accommodate the development of
uses which serve the public and which are of benefit to the community.
(2)
Permitted and Discretionary Uses
Table 12.7.1 outlines the permitted and discretionary uses contemplated in the PS designation
where approval is subject to the issuance of an authorized development permit.
Table 12.7.1
Permitted Uses
Discretionary Uses
-
First Accessory Buildings 10 m² and
under
-
First Accessory Buildings 10 m2 and over
-
Cemetery
-
Church
-
Community centre, hall or auditorium
-
Crematorium
-
Hospital
-
Library
-
Museum
-
Park
-
Public administration
-
Recreational facility - public
-
Residential care facility
-
School
-
Stormwater Management Facility
-
Tourism information centre
-
Utility installations
-
Additional Accessory Buildings
-
Campground
-
Child care facility
-
Group homes
-
Golf course
-
Medical clinic
-
Recreational facility - privately owned
-
Retail
-
Restaurant
-
Sign
-
Solar Collectors
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(3)
Development Standards
The Development Standards for all uses identified in Table 12.8.1 shall adhere to the standards
listed in Table 12.7.2.
Table 12.7.2
Development Standards
Site Standard
Minimum Lot Area (m²)
500.0 m²
Minimum Lot Frontage (m)
15.0 m
Maximum Lot Coverage (%)
75.0%
Minimum Front Yard Setback (m)
7.5 m
Minimum Rear Yard Setback (m)
5.0 m
Minimum Side Yard Setback (m)
3.0 m
Maximum Height
15.0 m
Accessory Building Height
15.0 m
(4)
Additional Regulations
(a)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(b)
Accessory uses in this designation shall be subject to the regulations.
(c)
Landscaping in this designation shall be provided in accordance with the regulations.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.8 URBAN RESERVE (UR)
(1)
Purpose
The UR - Urban Reserve designation is intended to retain land in an undeveloped manner for future
8.1, while contemplating a limited number of interim uses, and allowing existing uses to remain
until development proceeds
(2)
Permitted and Discretionary Uses
Table 12.8.1 outlines the permitted and discretionary uses contemplated in the UR designation
where approval is subject to the issuance of an authorized development permit.
Table 12.8.1
Permitted Uses
Discretionary Uses
-
Accessory Uses
-
Agriculture, excluding intensive livestock
operations
-
Gardening Centre
-
Park
-
Public administration
-
Stormwater management facility
-
Utility installations
-
Animal shelter
-
Campground
-
Golf course
-
Home Occupation
-
Natural resource extraction
-
Housing, manufactured
-
Housing, secondary suite
-
Sign
-
Solar collectors
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(3)
Development Standards
The Development Standards for all uses identified in Table 12.10.2 shall adhere to the standards
listed in Table 12.8.2.
Table 12.8.2
Development Standards
Site Standard
Minimum Lot Area (m²)
500.0 m²
Minimum Lot Frontage (m)
15.0 m
Maximum Lot Coverage (%)
40.0%
Minimum Front Yard Setback (m)
7.5 m
Minimum Rear Yard Setback (m)
5.0 m
Minimum Rear Yard Setback (m) -
Accessory buildings, under 13.4m²
Nil
Minimum Rear Yard Setback (m) -
Accessory buildings, over 13.4m²
1.5 m
Minimum Side Yard Setback (m)
3.0 m
Minimum Side Yard Setback (m) -
Accessory buildings, under 13.4m²
Nil
Minimum Side Yard Setback (m) -
Accessory buildings, over 13.4m²
1.5 m
Maximum Height
15.0 m
(4)
Additional Regulations
(a)
Non-conforming uses in this designation shall be subject to the regulations in 3.3.
(b)
Accessory uses in this designation shall be subject to the regulations.
(c)
Landscaping in this designation shall be provided in accordance with the regulations.
(d)
Parking and loading facilities in this designation shall be provided in accordance with
the regulations in Part 10.
(e)
The construction of signs in this designation shall be in accordance with the regulations
in Part 11.
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12.9 DIRECT CONTROL (DC)
Direct Control District
(1)
PURPOSE
The general purpose of this district is to regulate, direct and control the development of
specialized areas, land uses and complex development proposals within the Village. The
Development Officer for all proposals within this district shall be the Council of the Village of
Donnelly. Preference will be given to a mixture of commercial and industrial developments.
All subdivision and development proposals and approvals within this district shall be at the
discretion of Council upon evaluation of a completed subdivision/development application as
defined within this bylaw.
(2)
SITE PROVISIONS
Consideration and satisfaction of the following matters and any others deemed necessary, as
detailed in a subdivision or development permit application shall be given prior to considering a
development approval:
a) proposed use
b) area of site (parcel size shall be sufficient to accommodate use and private
servicing)
c) setbacks
d) parking (all parking shall be accommodated on site)
e) water servicing (shall be connected to Village services water unless otherwise
determined by Council)
f) sewer servicing (development shall connect to Village services unless otherwise
determined by Council)
g) landscaping and buffering (all development shall be landscaped and buffered to
the satisfaction of Council)
h) signage
i) traffic impact and access arrangements (access shall be provided to ensure safe
truck turning movements and to a standard satisfactory to Council)
j) emergency management provisions
k) storm water management
l) environmental protection measure
(3)
Development Authority
(a)
The Development Authority in the DC District shall be the Council.
(4)
Permitted and Discretionary Uses
(a)
All permitted and discretionary uses shall be as prescribed in any previously written
Statutory Plan.
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(b)
In the absence of an adopted Area Structure Plan or Area Redevelopment Plan, any use
which, in the opinion of the Development Authority, is compatible with the character of
existing surrounding uses and adjacent designated Land Use Districts may also be
allowed.
(5)
Development Standards & Regulations
(a)
The Development Authority may require additional information to properly evaluate
the proposed development in terms of its compliance with this Bylaw, and any
applicable Statutory Plan.
(b)
All development shall comply with the lot sizes, building setback requirements and
other development criteria as prescribed in any applicable Statutory Plan or as
determined by the Development Authority.
(c)
All other development requirements shall be at the discretion of the Development
Authority. In determining the appropriate requirements for a development in the DC
District, the Development Authority shall have regard to any provisions in this Bylaw for
similar uses or developments.
(d)
In the absence of an adopted Area Structure Plan or Area Redevelopment Plan, the
regulations which will be applied to a development will be those which, in the opinion
of the Development Authority, are compatible with the character of existing
surrounding uses and adjacent designated Land Use Districts.
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12.10 LAND USE DISTRICT MAP