Village of Empress Land Use Bylaw 2025-01

Empress, Alberta · No. 2025-01 · adopted 2025-06-18 · summary & facts

This is the exact embedded text of the captured official document. Snapshot 1194c454ef7d · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

LAND USE BYLAW 2025-01 Adopted June 18, 2025 BYLAW 2025-01 BEING A BYLAW OF THE VILLAGE OF EMPRESS, IN THE PROVINCE OF ALBERTA, TO PROHIBIT OR REGULATE AND CONTROL THE USE AND DEVELOPMENT OF LANDS AND BUILDINGS WHEREAS pursuant to the provisions of Section 640(1) of the Municipal Government Act, RSA, Chapter M-26 as amended, the Council of a Municipality must, by Bylaw, adopt a land use bylaw; AND WHEREAS Council has undertaken a major review of the Land Use Bylaw 7-2013; AND WHEREAS Council, having considered at a public hearing the concerns of persons claiming to be affected by the land use bylaw, believes that a new land use bylaw should be enacted to achieve the orderly, economical and beneficial use of land in the municipality; NOW THEREFORE, the Council of the Village of Empress in the province of Alberta, duly assembled, enacts as follows: 1. This Bylaw shall be known as "The Village of Empress Land Use Bylaw". 2. The Village of Empress Land Use Bylaw being Schedule "A" as attached to and forming part of this Bylaw is hereby adopted. 3. Bylaw 7-2013 and all amendments are hereby repealed. 4. This Bylaw takes effect on the date of the third and final reading. READ A FIRST TIME THIS 15th DAY OF JANUARY, 2025 READ A SECOND TIME THIS 28th DAY OF MAY, 2025 READ A THIRD AND FINAL TIME THIS 18th DAY OF JUNE, 2025 Empress Land Use Bylaw 2025-01 i | P a g e Table of Contents PART A - THE APPROVALS PROCESS ............................................................. 1 1 ADMINISTRATION .............................................................................................................. 1 TITLE .......................................................................................................................................... 1 PURPOSE ................................................................................................................................... 1 APPLICATION ............................................................................................................................. 1 EFFECTIVE DATE AND TRANSITION ............................................................................................. 1 OTHER LEGISLATIVE REQUIREMENTS ......................................................................................... 2 NON-CONFORMING BUILDINGS AND USES ................................................................................. 2 SEVERABILITY ............................................................................................................................. 2 2 RULES OF INTERPRETATION ................................................................................................ 2 3 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT .................................................. 3 4 ADMINISTRATIVE AGENCIES ............................................................................................... 5 DEVELOPMENT APPROVAL AUTHORITIES ................................................................................... 5 DEVELOPMENT AUTHORITY - POWERS AND DUTIES .................................................................. 5 VARIANCE POWERS OF THE DEVELOPMENT AUTHORITY ............................................................ 6 SUBDIVISION AUTHORITY ........................................................................................................... 7 SUBDIVISION AUTHORITY - POWERS AND DUTIES ..................................................................... 7 5 DEVELOPMENT APPLICATION AND APPROVAL PROCESS ...................................................... 9 APPLICATION FOR DEVELOPMENT ............................................................................................. 9 NOTICE OF COMPLETE OR INCOMPLETE APPLICATION ............................................................. 10 NOTICE OF APPLICATION AND APPLICATION REFERRAL ............................................................ 10 DECISION PROCESS - DEVELOPMENT AUTHORITY .................................................................... 11 DEVELOPMENT PERMITS AND NOTICE OF DECISION ................................................................ 13 CONDITIONS OF APPROVAL ..................................................................................................... 14 COMMENCEMENT AND COMPLETION OF DEVELOPMENT ........................................................ 15 DIRECT CONTROL DISTRICTS AND PERMITS .............................................................................. 15 6 APPEALS ...........................................................................................................................16 DEVELOPMENT AND SUBDIVISION APPEALS ............................................................................. 16 7 BYLAW AMENDMENT PROCESS .........................................................................................17 APPLICATION TO AMEND THE LAND USE BYLAW ...................................................................... 17 Empress Land Use Bylaw 2025-01 ii | P a g e 8 ENFORCEMENT .................................................................................................................18 OFFENCES ................................................................................................................................ 18 ENTRY AND INSPECTION .......................................................................................................... 18 ORDERS ................................................................................................................................... 18 PART B - GENERAL REGULATIONS .............................................................. 20 9 GENERAL LAND USE REGULATIONS ....................................................................................20 APPLICABILITY .......................................................................................................................... 20 DWELLING UNITS ON A PARCEL ............................................................................................... 20 SCREENING .............................................................................................................................. 20 UTILITY SERVICES AND INFRASTRUCTURE ................................................................................ 20 SITE GRADING AND DRAINAGE ................................................................................................. 21 RELOCATION OF BUILDINGS ..................................................................................................... 21 YARD SETBACKS AND PERMITTED PROJECTIONS ...................................................................... 22 FENCES .................................................................................................................................... 24 CORNER LOTS, REVERSE CORNER LOTS AND IRREGULAR LOTS ................................................. 25 VEHICLE ENTRANCES AND EXITS .............................................................................................. 26 RENEWABLE ENERGY SYSTEMS ................................................................................................ 27 COMPREHENSIVELY PLANNED DEVELOPMENTS ....................................................................... 27 PART C - SPECIFIC USE REGULATIONS ......................................................... 28 10 SPECIFIC USE REGULATIONS ..............................................................................................28 ACCESSORY BUILDINGS ............................................................................................................ 29 ACCESSORY DWELLING UNITS .................................................................................................. 30 HOME OCCUPATIONS .............................................................................................................. 31 BED AND BREAKFASTS ............................................................................................................. 32 DWELLINGS, MANUFACTURED ................................................................................................. 32 TEMPORARY CONSTRUCTION ACCOMODATION ....................................................................... 33 SEASONAL ACCOMMODATION ................................................................................................. 33 SHORT-TERM RENTALS ............................................................................................................. 34 PET CARE SERVICES AND KENNELS ........................................................................................... 35 AUTO BODY SHOPS .................................................................................................................. 35 CANNABIS PRODUCTION FACILITY ............................................................................................ 35 WORK CAMPS .......................................................................................................................... 36 SIGNS ....................................................................................................................................... 36 Empress Land Use Bylaw 2025-01 iii | P a g e PART D - DISTRICTS .................................................................................... 38 11 DISTRICTS ADMINISTRATION .............................................................................................38 ESTABLISHMENT OF DISTRICTS ................................................................................................ 38 DISTRICT BOUNDARIES ............................................................................................................. 39 DIRECT CONTROL DISTRICTS .................................................................................................... 39 12 R - RESIDENTIAL DISTRICT .................................................................................................39 PURPOSE ................................................................................................................................. 39 PERMITTED USES ..................................................................................................................... 39 DISCRETIONARY USES .............................................................................................................. 39 REGULATIONS .......................................................................................................................... 39 ADDITIONAL REQUIREMENTS ................................................................................................... 40 13 C - COMMERCIAL DISTRICT ...............................................................................................41 PURPOSE ................................................................................................................................. 41 PERMITTED USES ..................................................................................................................... 41 DISCRETIONARY USES .............................................................................................................. 41 REGULATIONS .......................................................................................................................... 42 14 I - INDUSTRIAL DISTRICT ...................................................................................................43 PURPOSE ................................................................................................................................. 43 PERMITTED USES ..................................................................................................................... 43 DISCRETIONARY USES .............................................................................................................. 43 REGULATIONS .......................................................................................................................... 44 ADDITIONAL REQUIREMENTS ................................................................................................... 44 15 G - GENERAL VILLAGE DISTRICT .........................................................................................45 PURPOSE ................................................................................................................................. 45 PERMITTED USES ..................................................................................................................... 45 DISCRETIONARY USES .............................................................................................................. 45 REGULATIONS .......................................................................................................................... 46 16 REC - RECREATIONAL DISTRICT ..........................................................................................47 PURPOSE ................................................................................................................................. 47 PERMITTED USES ..................................................................................................................... 47 DISCRETIONARY USES .............................................................................................................. 47 REGULATIONS .......................................................................................................................... 47 PART E - DEFINITIONS ................................................................................ 49 Empress Land Use Bylaw 2025-01 iv | P a g e 17 DEFINITIONS .....................................................................................................................49 PART F - LAND USE DISTRICTS MAP ............................................................ 68 18 LAND USE DISTRICTS MAP .................................................................................................68 Empress Land Use Bylaw 2025-01 1 | P a g e PART A - THE APPROVALS PROCESS 1 ADMINISTRATION TITLE The title of this Bylaw shall be the Land Use Bylaw of the Village of Empress. PURPOSE The purpose of this Bylaw is to direct the orderly, economic and beneficial development and use of land for the residents of the Village of Empress in accordance with the vision of the Village of Empress Municipal Development Plan. This is achieved through this Bylaw by regulating and controlling development, or where necessary, prohibiting development without infringing on the rights of individuals for any public interest except to the extent that is for the overall greater public interest. APPLICATION This Bylaw shall apply to the whole of the Village of Empress being all lands and buildings contained within its corporate limits. No person shall commence any development within the Village of Empress except in conformity with this Bylaw. Compliance with the requirements of this Bylaw does not exempt any person from the requirements of any adopted statutory plan, including the Municipal Development Plan, Intermunicipal Development Plans and Area Structure/Redevelopment Plans. No development shall be undertaken within the Village of Empress unless an application for it has been approved and a development permit has been issued except for those items listed in Section 3 Development Not Requiring a Development Permit. EFFECTIVE DATE AND TRANSITION The Village of Empress Land Use Bylaw 7-2013, as amended, is hereby repealed and will cease to have effect on the day this Bylaw comes into force. This Bylaw comes into force upon third reading. An application for a subdivision, development permit or amendment to this Bylaw submitted prior to the coming into force of this Bylaw shall be evaluated under the provisions of the Village of Empress Land Use Bylaw 7-2013, as amended. Empress Land Use Bylaw 2025-01 2 | P a g e OTHER LEGISLATIVE REQUIREMENTS In addition to this Bylaw, an applicant is responsible for complying with any other applicable federal, provincial, or municipal legislation, bylaw or policy, licensing or permitting regime, or approval process. The applicant is also responsible for complying with the conditions of any caveat, covenant, easement or other instrument affecting a building or land. The Village of Empress is not responsible for nor does the Village of Empress have any obligation whatsoever to determine what other legislation may apply to a development, nor to monitor or enforce compliance with such legislation. NON-CONFORMING BUILDINGS AND USES Non-conforming buildings and non-conforming uses shall be treated in accordance with the Act, and any amendments thereto. A non-conforming building may continue to be used, and the building may be enlarged, added to, rebuilt or structurally altered, if at the discretion of the Development Authority, the alterations do not substantially increase the extent of non-conformance and are within all other requirements of the Bylaw. Nothing in this Bylaw diminishes or in any way affects the power of the Development Authority to issue a development permit which makes a non-conforming building conforming through the granting of a relaxation of the requirements or rules to which the existing building does not conform. SEVERABILITY 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. 2 RULES OF INTERPRETATION Where a word is used in the singular, such a word may also mean plural. Where a masculine or impersonal pronoun or adjective is used, such a word may also mean the feminine or impersonal pronoun or adjective. Where a word is used in the present tense, such a word may also mean the future tense. The word "person" includes a corporation as well as an individual. The words "shall" and "must" require mandatory compliance except where a variance or relaxation has been granted pursuant to the Act or this Bylaw. "May" means a choice is available, with no particular direction or guidance intended. Empress Land Use Bylaw 2025-01 3 | P a g e Words, phrases, and terms not defined in this Bylaw may be given their definition in the Act or the Safety Codes Act. Other words shall be given their usual and customary meaning. 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. For ease of reference: words that are Capitalized and Bold denote uses defined in Part E Definitions; words that are italicized and bold denote general terms defined in Part E Definitions; words that are italicized reference federal or provincial legislation or regulations thereunder; and all other words must be given their plain and ordinary meaning as the context requires. 3 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT This Section does not negate the requirement of obtaining all required permits, as applicable, under the Safety Codes Act or any other provincial or federal statute. The following developments shall not require a development permit: any use or development exempted under section 618(1) of the Act; any use or development exempted by the Lieutenant Governor in Council pursuant to section 618(4) of the Act; Telecommunication Structures; the completion and use of a development which was lawfully under construction at the date this Bylaw came into effect provided the development is completed in accordance with the terms and conditions of any development permit(s) granted; the completion of a development that did not require a development permit under the previous Land Use Bylaw and which was lawfully under construction provided the development is completed within twelve (12) months from the date this Bylaw came into effect and complies with the applicable requirements of the previous Land Use Bylaw; an official notice, Sign, placard or bulletin required to be displayed pursuant to provisions of federal, provincial or municipal legislation; and the use of a building or part thereof for a federal, provincial, or municipal election, referendum or plebiscite. Empress Land Use Bylaw 2025-01 4 | P a g e The following developments shall not require a development permit, but must otherwise comply with all other provisions of this Bylaw (example: setbacks, parking, building height, etc.): the carrying out of works, maintenance or repair to any building provided that such works: i. do not include structural alterations that would affect any regulations in this Land Use Bylaw, or ii. do not change the use or the intensity of use of the structure or building; interior renovations to a building which do not: i. create an additional Dwelling Unit, ii. increase parking stall requirements, or iii. result in the change of use or the intensity of use of a building; the temporary placement or construction of a building, works, plants or machinery needed in connection with the construction of a development for which a development permit has been issued for the period of those operations; the use of land for, or the maintenance or repair of works, services and Utilities on publicly owned or administered land carried out by or on behalf of federal, provincial, municipal or public authorities or private Utilities under special agreement with the Village of Empress; a Home Occupation - Minor (See Section 10.3 Home Occupations); landscaping; retaining walls that are no greater than 1.0 m in height measured from the lowest ground elevation adjacent to the retaining wall; the construction of a patio; the erection, construction or maintenance of gates, fences, walls, or other means of enclosure in accordance with this Bylaw (see Section 9.8 Fences); the construction or replacement of Accessory Buildings which do not exceed 9.29 m2 (100.0 ft2), when listed as a permitted use in that district (See Section 10.1 Accessory Buildings); the construction, maintenance and repair of private walkways, pathways, driveways, and similar works; demolition of a building (a building permit is required); renewable energy systems (See Section 9.11 Renewable Energy Systems); the installation of a Sign (See Section 10.13 Signs); the parking or storage of 1 (one) recreational vehicle on a parcel with a Dwelling Unit. For greater clarity, the storage of more than 1 (one) recreational vehicle on a parcel requires a development permit, and a recreational vehicle may not be stored on a vacant parcel unless it is allowed as part of a use as defined in this Bylaw; and Empress Land Use Bylaw 2025-01 5 | P a g e an electric vehicle charging station. 4 ADMINISTRATIVE AGENCIES DEVELOPMENT APPROVAL AUTHORITIES The Development Authority shall exercise powers and perform duties on behalf of the Municipality in accordance with the Act. The Development Authority is: the Development Officer while carrying out his or her functions or duties under this Bylaw and/or the Act; the Municipal Planning Commission while exercising development powers or duties under this Bylaw and/or the Act; or where the context of this Bylaw permits in Direct Control Districts, the Council. Development Officer The office of the Development Officer is hereby established to act on behalf of Council in those matters delegated by the Bylaw and in such matters as Council may instruct from time to time. Municipal Planning Commission The Municipal Planning Commission, established by Bylaw in accordance with the Act, shall perform such duties as are specified in this Bylaw. DEVELOPMENT AUTHORITY - POWERS AND DUTIES The Development Authority must administer all development permit applications in accordance with this Bylaw and decide upon all development permit applications. The Development Authority must refuse to accept a development permit application where the prescribed fee for a development permit has not been paid. The Development Authority may refuse to deem complete a development permit application where: the information required by this Bylaw is not provided; or the quality is inadequate or insufficient to properly evaluate the application. The Development Authority must make available for inspection, during office hours, all applications and decisions for development permits, subject to any legislation in force. The Development Authority must collect fees according to the schedule approved by Council. Empress Land Use Bylaw 2025-01 6 | P a g e The types of development permit applications a Development Authority may consider are a development permit for: a permitted use that complies with all requirements of this Bylaw; a permitted use that does not comply with all requirements of this Bylaw; a discretionary use that complies with requirements of this Bylaw; and a discretionary use that does not comply with all requirements of this Bylaw. The Development Authority issues the following notices and acknowledgements on development permit applications in accordance with section 683.1 of the Act: notice of complete application; notice of incomplete application; notice of decision; and notice of refusal/deemed refusal of an application. Development Officer The Development Officer shall: receive, consider and decide on an application for a development permit for those uses listed as permitted uses for the relevant Land Use District which: i. comply with the minimum standards; or ii. otherwise comply with the minimum standards, but require relaxation of any measurable standard in accordance with Subsection 4.3.2; and receive, and refer with recommendations to the Municipal Planning Commission for its consideration and decision, any application for a development permit which has been assigned to it for consideration and decision. Municipal Planning Commission The Municipal Planning Commission shall decide on an application for: those uses listed as discretionary uses; similar uses as described in Subsection 5.3.8; the relocation of buildings as described in Section 9.6; and those uses listed as permitted uses and requires a relaxation of any measurable standard in accordance with Subsection 4.3.3. VARIANCE POWERS OF THE DEVELOPMENT AUTHORITY The Development Authority may approve a development permit application for a permitted use or discretionary use where the proposed development does not comply with all of the applicable requirements and rules of this Bylaw if, in the opinion of the Development Authority: Empress Land Use Bylaw 2025-01 7 | P a g e the proposed development would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring properties; and the proposed development conforms with a use prescribed by this Bylaw for that land or building. Development Officer The Development Officer, at its discretion, may relax the development standards up to 10% of that requirement. Municipal Planning Commission The Municipal Planning Commission, at its discretion, may relax the development standards 10% or greater than that requirement. SUBDIVISION AUTHORITY The Subdivision Authority, as established by bylaw, shall perform duties on behalf of the municipality in accordance with the Act, the Land Use Bylaw and all relevant Village of Empress planning documents. SUBDIVISION AUTHORITY - POWERS AND DUTIES The Subdivision Authority must administer all subdivision applications in accordance with this Bylaw and decide upon all subdivision applications. The Subdivision Authority must refuse to accept a subdivision application where the prescribed fee for a subdivision application has not been paid. The Subdivision Authority may refuse to deem complete a subdivision application where: the information required is not provided; and/or the quality is inadequate to properly evaluate the application. The Subdivision Authority shall: keep and maintain for the inspection of the public copies of all decisions and ensure that copies of same are available to the public at a reasonable charge; keep a register of all applications for subdivision, including the decisions therein and the reasons therefore; receive all applications for subdivision including the prescribed application fees and decide upon all applications in accordance with the Regulation and the Land Use Bylaw with consideration of all comments received through circulation; issue the following notices and acknowledgements on subdivision applications: Empress Land Use Bylaw 2025-01 8 | P a g e i. notice of complete application; ii. notice of incomplete application; iii. notice of decision; and iv. notice of refusal/deemed refusal of an application. A notice shall be issued to the applicant on the form created by the Subdivision Authority and sent by email where consent has been granted by the applicant, otherwise it shall be sent by mail; excepting subdivision applications not requiring circulation under the Act, to circulate applications for subdivision for comments to an adjacent municipality when the original parcel boundaries are adjacent to the municipal boundary or where an intermunicipal development plan requires; prepare, sign and transmit all notices of decision to the relevant agencies in accordance with the Regulation; ensure all conditions are complied with prior to endorsement to the satisfaction of the municipality; and endorse Land Titles instruments to effect the registration of the subdivision of land. Empress Land Use Bylaw 2025-01 9 | P a g e 5 DEVELOPMENT APPLICATION AND APPROVAL PROCESS APPLICATION FOR DEVELOPMENT 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 the prescribed development permit fee and application submission requirements, including: authorization of the registered landowner; a site plan (drawn to scale) showing the following: i. legal description and north arrow; ii. area and dimensions of the parcel boundaries, showing the required front, rear, and side yards, if any; iii. existing and proposed easements and rights-of-way, including dimensions and type of easement, if applicable; iv. the location and dimensions of all existing and proposed buildings, structures, or uses on the parcel and the measured distance to property line; v. identification of existing and proposed roads or lanes that will provide access to the development; and vi. any provision for off-street parking stalls and loading stalls; and vehicle entrances to and exits from the parcel; statement of existing and proposed Utility services (i.e. on-site or municipal); statement of the current and proposed use of the lands; the estimated cost of the project or contract price; the estimated dates of commencement and completion; and the presence of abandoned oil and gas wells in accordance with the Regulation. The Development Authority may also require additional information in order to assess the conformity of a proposed development with this Bylaw before consideration of the development permit application shall commence. Such information may include, but is not limited to: current copy of Certificate of Title, and copies of any restrictive covenants, utility rights-of-way, easements, or Village of Empress caveats registered on the Title(s); floor plans, elevations and section drawings; written rationale supporting any requested variances; samples or representations of exterior building finishing materials and colors; Empress Land Use Bylaw 2025-01 10 | P a g e existing site grades at the corners of the parcel, and at the corners of existing and proposed buildings; stormwater management, grading or landscaping plans, prepared by a qualified professional; a Real Property Report, prepared by an Alberta Land Surveyor, showing the location and distances of any existing buildings, waterbodies, trees or other physical features on or adjacent to the parcel being developed; 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; where a proposal is considered to have a significant environmental impact, the Development Authority may request the applicant to have an environmental evaluation or report prepared and submitted or undertake its own environmental evaluation regarding the proposed development, at the cost of the applicant; and a construction management plan. Notwithstanding 5.1.1 and 5.1.2, at the discretion of the Development Authority, additional information, plans or reports may be required to adequately render a decision on an application. In the case where an application for a development permit has been refused pursuant to this Bylaw or ultimately after appeal to an Appeal Body, the submission of a subsequent application for a development permit on the same parcel and for the same or similar use of the land by the same or any other applicant may not be accepted by the Development Authority for at least six (6) months after the date of the previous refusal. NOTICE OF COMPLETE OR INCOMPLETE APPLICATION A notice of complete application or incomplete application shall be issued to the applicant on the form created by the Development Authority and sent by email where consent has been granted by the applicant, otherwise it shall be sent by mail. NOTICE OF APPLICATION AND APPLICATION REFERRAL Once a development permit application for a Seasonal Accommodation has been deemed complete, the Development Authority shall provide a notice of application to all adjacent owners of land or a greater circulation area if potential for conflict is deemed to be probable. The Development Officer may refer for comment any matter or any application for a development permit to any agency or authority it deems necessary. Applications for development permits on parcels within an area covered by an Intermunicipal Development Plan shall be referred to the other municipality for review and comment in accordance with the requirements of the Plan. Empress Land Use Bylaw 2025-01 11 | P a g e The Development Authority may refer to an adjacent municipality for consideration and comment any matter or any application for a development permit that relates to lands, that the Development Authority deems appropriate or necessary. A referral must state the location and details of the application being circulated, how more information can be obtained, the date comments are due by and to whom the comments must be sent to. Having received a reply on a matter referred to any person, municipality, agency or authority, the Development Authority shall make a decision giving due consideration to the comments received. After the time period identified in the circulation notice from the date of referral, the application may be dealt with by the Development Authority whether or not comments have been received. DECISION PROCESS - DEVELOPMENT AUTHORITY Permitted Use Permits That Meet All Requirements Where a development permit application is for a permitted use in a building or on a parcel and the proposed development conforms to all of the applicable requirements and rules of this Bylaw, the Development Authority must approve the application and issue the development permit. The Development Authority may impose such conditions as required to ensure compliance with this Bylaw. Permitted Use Permits That Do Not Meet All Requirements Where a development permit application is for a permitted use in a building or on a parcel and the proposed development does not conform to all of the applicable requirements and rules of this Bylaw, the Development Authority may: refuse to approve the development permit application; or approve the development permit application; and may: i. grant a relaxation of the requirement or regulation to which the proposed use does not conform; or ii. impose such conditions as required to ensure compliance with this Bylaw. The Development Authority may, as a condition of approving a development permit that does not comply with all of the applicable requirements and rules of this Bylaw require the applicant to conform to a higher standard than required by the applicable rules if, in the opinion of the Development Authority, conformance to a higher standard will off-set any impact of granting the relaxation. Discretionary Use Permits When making a decision on a development permit for a discretionary use the Development Authority must take into account: any plans and policies affecting the parcel; Empress Land Use Bylaw 2025-01 12 | P a g e the purpose statement in the applicable Land Use District; the appropriateness of the location and parcel for the proposed use; the compatibility and impact of the proposed development with respect to adjacent parcels and the neighbourhood; the merits of the proposed development; the utility servicing requirements; access, parking and transportation requirements; vehicle and pedestrian circulation within the parcel; the impact on the public transportation system; and sound planning principles. The Development Authority may approve a development permit application for a discretionary use, and may impose such conditions considered appropriate or necessary, which may include: limiting the seasonality of occupation of a building or structure; limiting hours of operation; limiting number of patrons; establishing landscaping requirements; requiring noise attenuation; requiring special provisions be made for parking; regarding the location, character and appearance of a building; regarding the grading of a parcel or such other procedures as is necessary to protect the parcel from other developments or to protect other developments; establishing the period of time during which a development may continue; and ensuring the development is compatible with surrounding uses. The Development Authority may refuse a development permit application for a discretionary use even though it meets the requirements and rules of this Bylaw. Applications the Development Authority Must Refuse The Development Authority must refuse a development permit application when the proposed development: is for a use that is not listed as either a permitted use or discretionary use in the Land Use District; or is for a use containing a restriction in its definition that is not met by the proposed use. Similar Use Permits In the case where a proposed specific use of land or a building is not provided for in any Empress Land Use Bylaw 2025-01 13 | P a g e District in the Bylaw, the Municipal Planning Commission may determine that such use is similar in character and purpose to the definition of a permitted use or discretionary use prescribed for a particular District. Temporary Use Permits If an application is made for a development that is identified as temporary in this Bylaw, the Development Authority may consider and approve a development for a specific period of time, not exceeding one (1) year, unless otherwise allowed in this Bylaw. Where a temporary development permit is issued in accordance with this Bylaw and the specified time period lapses, it is the responsibility of the applicant to request extension or renewal of the permit. DEVELOPMENT PERMITS AND NOTICE OF DECISION A development permit issued for a permitted use in compliance with the regulations and standards of this Bylaw, or a development permit issued by Council pursuant to a Direct Control District, comes into effect on the date that the decision is made. When a development permit is approved for a discretionary use or for a permitted use in which a variance has been granted, the Development Authority shall: provide a notice of decision to the applicant of the approval; immediately post a notice of the decision conspicuously on the parcel the development permit has been issued; publish the notice of decision on the Village of Empress's website; and issue a development permit after the appeal period has expired. A development permit issued pursuant to Subsection 5.5.2 does not come into effect until twenty-one (21) days after the date the notice of decision is posted on the parcel. Any development proceeded with by the applicant prior to the expiry of this appeal period is done solely at the risk of the applicant. The notices indicated in Subsection 5.5.2 must state: the legal description and the street address of the parcel of the proposed development; the uses proposed for the subject development; 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 Authority when the development permit was approved; the date the development permit was approved; and how an appeal may be made to the Appeal Body and the deadline for such appeal. Where an appeal is made pursuant to Section 6.1 Appeals of this Bylaw, a development Empress Land Use Bylaw 2025-01 14 | P a g e permit which has been granted shall not come into effect until the appeal has been determined and the development permit has been confirmed or modified. When the Development Authority refuses an application for a development permit, the notice of refusal shall be issued to the applicant. The notice of refusal shall contain reasons for the refusal. After the issuance of a development permit, a Development Authority may suspend or revoke a development permit in writing to the applicant at any time: where the development permit was issued on the basis of incorrect information, fraud, non-disclosure, or misrepresentation on the part of the applicant; or where the development permit was issued in error. CONDITIONS OF APPROVAL Where a development permit application does not demonstrate that the proposed development conforms to all the applicable requirements of this Bylaw, the Development Authority may, as a condition of issuing the development permit, require the applicant to amend specific elements of the plans to conform with the applicable requirements. The Development Authority may, as a condition of issuing a development permit for a permitted use or discretionary use, require the applicant to make satisfactory arrangements for the supply of Utilities including, but not limited to natural gas, cable, water, electric power, sewer service, or any one or more of them including payment of the cost of installation or construction of any such Utility or facility by the applicant. The Development Authority may, as a condition of issuing a development permit for a permitted use or discretionary use, require the applicant enter into an agreement with the Village of Empress to do any or all of the following: to construct or pay for the construction of a road required to give access to the development; to construct or pay for the construction of: i. a pedestrian walkway system to serve the development, or ii. pedestrian walkways to connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development, or both; to install or pay for the installation of a public Utility that is necessary to serve the development, whether or not the public Utility is, or will be, located on the land that is the subject of the development; to construct or pay for the construction of: i. off-street or other parking facilities, and ii. loading and unloading facilities; to pay an off-site levy or redevelopment levy imposed by bylaw; and Empress Land Use Bylaw 2025-01 15 | P a g e to give security to ensure that the terms of the agreement under this section are carried out. The Village of Empress may register a caveat pursuant to the provisions of the Act and the Land Titles Act in respect of an agreement under Subsection 5.6.3 against the Certificate of Title for the land that is the subject of the development. Said caveat shall be discharged when the agreement has been complied with. The Development Authority may attach conditions to a development permit which may include adherence to engineering standards, the completion of any required reports and studies, or phasing requirements. COMMENCEMENT AND COMPLETION OF DEVELOPMENT If the development authorized by a development permit is not commenced within twelve (12) months from the date granted or carried out with reasonable diligence the development permit is deemed to be void, unless an extension request for the time period is submitted in writing by the applicant and granted by the Development Authority. The extension request must provide reasons for the request. If the development authorized by a development permit is not completed within two (2) years of the date of issue or as otherwise specified within a development permit, the development permit is deemed to be void, unless an extension request for the time period is submitted in writing by the applicant and granted by the Development Authority. The extension request must provide reasons for the request. For the purposes of this Bylaw, commencement includes excavation, does not include fencing, or demolition on the parcel, or obtaining permits. The approval or issuance of a development permit does not authorize commencement of construction except in conjunction with all other required permits and conditions of the development permit. DIRECT CONTROL DISTRICTS AND PERMITS Upon receipt of a completed application for a development permit pursuant to a Direct Control District, the Council may, prior to making a decision, refer the application to the Development Authority, any municipal department or external agency for comment. Prior to deciding upon the development permit application before it, the Council may provide public notice through means and to whom it considers necessary, that a decision on a development permit pursuant to a Direct Control District is to be made and that Council may afford an opportunity to any interested person to make representation on the application and shall take into account any such representations made when giving final consideration to the said application. Appeals within a Direct Control District shall be in accordance with the Act. Empress Land Use Bylaw 2025-01 16 | P a g e 6 APPEALS DEVELOPMENT AND SUBDIVISION APPEALS Appeals in respect of decisions on development permit applications are governed by the Act. Where the Development Authority: refuses or fails to render a decision on an application for a development permit; or approves an application for a development; or issues an order under this Bylaw; the person applying for the permit or affected by the order, or any other affected person, as the case may be, may appeal to the Appeal Body within the dates outlined in the Act. An appeal with respect to a decision on a subdivision application is governed by the Act and the Regulation. Empress Land Use Bylaw 2025-01 17 | P a g e 7 BYLAW AMENDMENT PROCESS APPLICATION TO AMEND THE LAND USE BYLAW Council may at any time initiate an amendment to this Bylaw. Any owner of a parcel, his authorized agent, or other persons having legal or equitable interest in the parcel may apply to have the Land Use District of the parcel changed through an amendment to this Bylaw. All applications for amendments of this Bylaw shall be made using the approved form, accompanied by: the prescribed fee; a statement of the applicant's interest in the land; a title search for the land affected or other documents satisfactory to the Village of Empress that supports the applicant's interest in the said land; any drawings, plans or maps required by the Village of Empress; and any other documents as required by the Village of Empress. All amendments to this Land Use Bylaw shall be made by Council by bylaw and in accordance with the procedures set forth in the Act. The Council, in considering an application for an amendment to this Land Use Bylaw, shall refer a copy of the proposed amendment to the following agencies: Palliser Regional Municipal Services; Special Areas 2 and/or the M.D. of Acadia if, the proposed amendment: i. affects land on the boundary with Special Areas 2 and/or the M.D. of Acadia; or ii. may otherwise have an effect on Special Areas 2 and/or the M.D. of Acadia; or such other persons or agencies as it considers necessary for comment. If an application for an amendment to this Bylaw has been refused by Council, Council may not accept an application for an amendment for the same use on the same parcel for twelve (12) months from the date of the refusal. Empress Land Use Bylaw 2025-01 18 | P a g e 8 ENFORCEMENT OFFENCES Any owner, lessee or occupant of land or a building, or the owner of a structure or a Sign thereon, who with respect to such land, building, structure or Sign, contravenes, causes, or allows a contravention of any provision of the Bylaw commits an offense. Any person who commences or continues development for which a development permit is required but has not been issued, has expired, has been revoked or suspended, or which is in contravention of a condition of a development permit under the Bylaw commits an offense. Any person who prevents or obstructs the Development Authority or a Designated Officer from carrying out any official duty under the Bylaw or the Act commits an offense. A Designated Officer may enforce the provisions of the Bylaw, or the conditions of a development permit pursuant to the Act. Nothing in this Bylaw diminishes or in any way affects the rights of the Village of Empress pursuant to the Act, or at common law to seek an entry order, order for compliance, injunction or any other order to obtain compliance with this Bylaw. ENTRY AND INSPECTION Pursuant to the Act, a Designated Officer after giving reasonable notice to the owner or occupier of the land may only enter land or a building for the purpose of ensuring compliance with the Act and the Regulation, or this Bylaw if: the owner or person in possession of it gives his consent to the entry; or the entry is authorized by an Order of the Court of King's Bench; and only for the purpose of ensuring compliance with the Act and the Regulation, or this Bylaw. ORDERS Pursuant to Section 645 of the Act where an offense under the Bylaw occurs, the Development Officer may by written notice, order the owner or the person in possession of the land or buildings, or the person responsible for the contravention to: stop the development or use of the land or buildings in whole or in part as directed by the notice; or demolish, remove or replace the development; or Empress Land Use Bylaw 2025-01 19 | P a g e carry out any other actions required by the notice so that the development or use complies with the Bylaw. A person who receives an order referred to in Subsection 8.3.1 above may appeal to the Appeal Body in accordance with Section 6 Appeals of this Bylaw. Where the Council or a person appointed by it carries out an order the Council shall cause the costs and expenses incurred in carrying out the order to be added to the tax roll of the parcel of land and the amount: is deemed for all purposes to be a tax imposed under the Act from the date it was added to the tax roll; and it forms a special lien against the parcel of land in favour of the Municipality from the date it was added to the tax roll. Empress Land Use Bylaw 2025-01 20 | P a g e Part B - General Regulations 9 GENERAL LAND USE REGULATIONS APPLICABILITY These regulations within Section 9 General Land Use Regulations, shall apply to all developments within the Village of Empress, unless otherwise exempted. Where any regulation in this section may be in conflict with any regulation of a given Land Use District in Part D or the Specific Use Regulations in Part C, the regulation in the District or Specific Use Regulation shall take precedence. DWELLING UNITS ON A PARCEL No person shall construct or locate more than one Dwelling Unit on a parcel unless it is otherwise permitted in this Land Use Bylaw. SCREENING For commercial, industrial and Apartment developments, garbage and waste material must be stored in weather proof and animal proof containers. Garbage and waste material storage must be screened from public roads, excluding lanes. Commercial and industrial developments abutting a parcel with a principal residential use shall be screened from view on an interior side parcel line or rear parcel line, to the satisfaction of the Development Authority. The Development Authority may require commercial and industrial developments be screened from adjacent parcels including any side, front or rear parcel line, and public roads. On corner lots within the corner visibility setback, screening shall be a maximum of 1.22 m (4.0 ft) in height above grade to ensure public safety and/or good visibility for traffic and pedestrian purposes. UTILITY SERVICES AND INFRASTRUCTURE The Development Authority must confirm there is adequate sewage collection, treatment and disposal, water supply treatment and distribution, stormwater collection and storage and road capacity necessary to serve a development. Empress Land Use Bylaw 2025-01 21 | P a g e A development may not be permitted if the development is not served by: the municipal sewer and water system; or at the discretion of the Development Authority, a provincially approved private system. Where a proposed use may release contaminants or other deleterious substances into the municipal sewer system, the Development Authority may require an applicant to submit plans and reports prepared by a qualified professional to evaluate the potential impact on the sewer system and propose mitigations. The Development Authority may require a fats, oil and grease (FOG) interceptor, an oil and grit separator or other such interceptor, and/or a test manhole to be installed where a use may release contaminants or other deleterious substances into the municipal sewer system. Stormwater run-off shall be contained on-site or disposed of in a manner acceptable to the Village of Empress and/or as required in a stormwater management report prepared by a qualified professional. SITE GRADING AND DRAINAGE Parcel grades and building elevations shall be established to ensure effective drainage and prevent drainage from one parcel to another, except where drainage conforms to an approved subdivision drainage plan. The owner of a parcel shall be responsible to ensure that grading is maintained over time to provide effective drainage. Where maintenance of a common drainage swale or path at a property line is required, the responsibility of maintenance lies with the owners of both parcels. Where a drainage swale or path is established within an easement or right-of-way on a parcel, swale grades shall be maintained and the swale shall be kept free of any obstructions. Where retaining walls are necessary or proposed in any development, such walls shall be developed with professional quality and shall not negatively affect abutting parcels due to site elevations or drainage. RELOCATION OF BUILDINGS Notwithstanding Section 3 Development Not Requiring A Development Permit, a development permit shall be required for the relocation of any building, which has been previously used or occupied, to any parcel in the Village of Empress as part of the development of a permitted or discretionary use. A development permit for the relocation of a building may include conditions of approval that: the building and the proposed location of the building meets the requirements of the Land Use District in which the building is to be located; Empress Land Use Bylaw 2025-01 22 | P a g e the building is compatible with the character of the neighbourhood in which the building is to be relocated to; and the building be renovated to a satisfactory condition within a specified time. YARD SETBACKS AND PERMITTED PROJECTIONS In all districts, the minimum yard setbacks do not apply to: construction wholly beneath the surface of the ground; driveways, parking stalls and sidewalks; fences, patios and retaining walls; and landscaping. Where a building or buildings on the parcel are planned as a comprehensively planned development and are divided by condominium such that the building contains units that are on separate lots or Titles, the district yard setbacks do not apply within the development, but shall apply from the property line of abutting lots. Residential Projections Residential building projections specified in Subsections 9.7.4 to 9.7.9 into or over a required yard setback shall not require a variance (Figure 1: Permitted Projections Into Yard Setbacks). Empress Land Use Bylaw 2025-01 23 | P a g e Figure 1: Permitted Projections Into Yard Setbacks The following projections may be permitted to a maximum of 2.0 m (6.6 ft) into the required front yard setback: balconies, bay windows, cantilevers, chimneys, eaves, shade projections, stairways and landings, and uncovered decks. Empress Land Use Bylaw 2025-01 24 | P a g e The following projections may be permitted to a maximum of 50% into the required side yard setback: cantilevers, chimneys, eaves, shade projections, and stairways and landings greater than 0.6 m above grade. The following projections may be permitted to a maximum of 100% of the required side yard setback: stairways and landings no more than 0.6 m above grade. The following projections may be permitted to a maximum of 1.52 m (5.0 ft) into the required rear yard setback: balconies, bay windows, cantilevers, chimneys, eaves, and shade projections. The following projections may be permitted to a maximum of 50% into the required rear yard setback: uncovered decks, and stairways and landings. Wheelchair ramps may be permitted to encroach into any required yard setback, at the discretion of the Development Authority, provided that the ramp: does not impede fire access to or around the building; is complementary to and well-integrated into the existing building design; and does not extend beyond the property line. FENCES In residential districts or a parcel with a principal residential use, the maximum height above grade of a fence located within a yard shall be in accordance with Table 2: Maximum Fence Height in a Residential Yard. Empress Land Use Bylaw 2025-01 25 | P a g e Table 2: Maximum Fence Height in a Residential Yard Yard Maximum Fence Height From Grade Rear 1.83 m (6.0 ft) Interior side 1.83 m (6.0 ft) Front 1.22 m (4.0 ft) Exterior Side 1.22 m (4.0 ft) On corner lots within the corner visibility setback, fences shall be a maximum of 1.0 m (3.3 ft) in height to ensure public safety and/or good visibility for traffic and pedestrian purposes. The maximum height above grade of a fence located within a yard of a commercial or industrial development shall be 3.0 m (10.0 ft). Materials used to construct fences shall be wood, brick, stone, concrete, or metal or other acceptable material to the satisfaction of the Development Authority, and shall be aesthetically acceptable and in general conformity with adjacent development. CORNER LOTS, REVERSE CORNER LOTS AND IRREGULAR LOTS The parcel lines and yards of corner lots shall be determined by the following (Figure 2: Corner Lot and Reverse Corner Lot): the front parcel line of a corner lot is the shortest property line abutting a road; the exterior side parcel line of a corner lot is the longest property line abutting a road; the interior side parcel line of a corner lot is the longest property line abutting a parcel; and the rear parcel line of a corner lot is the shortest property line abutting a parcel or lane. Notwithstanding 9.9.1 or anything else in this Bylaw, the Development Authority may determine a corner lot to be a reverse corner lot (Figure 2: Corner Lot and Reverse Corner Lot). The Development Authority shall determine the front, rear and side yards of a reverse corner lot by taking into account: the general pattern and location of existing buildings on adjacent parcels; the size and geometry of the corner lot; the ability to create sufficient privacy on the parcel and privacy for adjacent parcels; Empress Land Use Bylaw 2025-01 26 | P a g e ensuring safe traffic movement at the intersection, considering the primary flow of traffic and access to the parcel; and the general aesthetics, considering the location and height of fencing and hedges. For parcels other than corner lots which have frontage on two roads, or for parcels which are not rectangular in shape, the Development Authority shall determine the yard designations. Figure 2: Corner Lot and Reverse Corner Lot VEHICLE ENTRANCES AND EXITS Vehicle entrances and exits shall be located at least 6.0 m (19.7 ft) from the corner along a property line at the intersection of two (2) or more roads. All vehicle entrances and exits onto a highway shall be approved by the Provincial Empress Land Use Bylaw 2025-01 27 | P a g e highway authority. The Development Authority may require that entrances and exists for vehicles be separate, one-directional, and/or adequately signed. RENEWABLE ENERGY SYSTEMS Renewable energy systems attached to a principal building or Accessory Building shall: not extend above the peak of a roof; not project past a roof by 1.52 m (5.0 ft) at any point; and not generate noise, in the opinion of the Development Authority, which affects the amenity or enjoyment of an adjacent residential use. Renewable energy systems that are freestanding must meet the height and setback regulations for an Accessory Building within the applicable Land Use District. COMPREHENSIVELY PLANNED DEVELOPMENTS A site plan must be provided for all comprehensively planned development applications. The site plan must clearly identify private roads, pedestrian walkways, common areas and buildings, garbage and waste storage areas or buildings, visitor parking stalls, and the boundaries of Dwelling Unit plots. All private roads in a comprehensively planned development shall be a minimum 6.0 m (19.7 ft) width and constructed to the satisfaction of the Development Authority for emergency access and egress. Internal pedestrian walkways shall have a minimum width of 1.5 m (4.9 ft) and be surfaced to the satisfaction of the Development Authority. Visitor parking stalls shall be provided in the ratio of one (1) parking stall for every three (3) Dwelling Units. Visitor parking stalls shall be dispersed throughout the comprehensively planned development and clearly identified. A minimum of 10% of the parcel area of a comprehensively planned development shall be set aside for an outdoor common amenity area or recreational use. A screened outdoor storage area may be provided for vehicles and equipment such as trucks, recreational vehicles, travel trailers, snowmobiles, and boats, at a location and in a manner satisfactory to the Development Authority. Empress Land Use Bylaw 2025-01 28 | P a g e Part C - Specific Use Regulations 10 SPECIFIC USE REGULATIONS This Section of the Land Use Bylaw contains regulations for specific land uses, as listed below. 10.1 Accessory Buildings 10.2 Accessory Dwelling Units 10.3 Home Occupations 10.4 Bed and Breakfasts 10.5 Dwellings, Manufactured 10.6 Temporary Construction Accommodation 10.7 Seasonal Accommodation 10.8 Short-Term Rentals 10.9 Pet Care Services and Kennels 10.10 Autobody Shops 10.11 Cannabis Production Facility 10.12 Work Camps 10.13 Signs Empress Land Use Bylaw 2025-01 29 | P a g e ACCESSORY BUILDINGS Accessory Buildings must be secondary and subordinate to the principal building or principal use on the same parcel. The determination of whether a use, building or structure is considered accessory shall be at the discretion of the Development Authority. An enclosed structure which is attached to the principal building by a roof, a floor or a foundation is not an Accessory Building and is to be considered part of the principal building. An Accessory Building shall not be used as a Dwelling Unit unless approved in accordance with the provisions of this Bylaw. The maximum height of an Accessory Building in a residential district shall be 5.0 m (16.4 ft). No Accessory Building shall be located in the front yard of a parcel in a residential district or a parcel with a principal residential use. The minimum side yard setbacks of an Accessory Building in any District shall be 1.0 m (3.3 ft) except on corner lots, where the minimum side yard setback shall be 3.0 m (9.8 ft) from the exterior side parcel line. The minimum rear yard setback of an Accessory Building in any District shall be 0.9 m (2.95 ft), except where the vehicle door of a detached garage opens to an abutting lane, the minimum rear yard setback shall be 2.0 m (6.6 ft). The maximum parcel coverage of all Accessory Buildings on a parcel is 15%. Accessory Buildings - Fabric Covered Accessory Buildings - Fabric Covered shall be: setback a minimum of 3.0 m (9.8 ft) from any structure or equipment that contains open flames (i.e. fire pits or other open flame accessories); kept in good condition and the fabric not frayed or damaged; and fully enclosed with closable doors on the ends. Within residential districts Accessory Buildings - Fabric Covered must not: exceed one (1) Accessory Building - Fabric Covered per parcel; exceed 20.5 m2 (220.7 ft2) in floor area; and be used in a manner that would cause or create a nuisance by way of noise, vibration or dust to impact the privacy and enjoyment of adjacent residential uses or the amenities of the neighbourhood. Accessory Buildings - Shipping Container Within residential districts Accessory Buildings - Shipping Container must not: exceed one (1) Accessory Building - Shipping Container per parcel; Empress Land Use Bylaw 2025-01 30 | P a g e exceed 15.0 m2 (161.5 ft2) in floor area on a parcel that is less than 836.1 m2 (9000.0 ft2) in parcel area; exceed 30.0 m2 (323.0 ft2) in floor area on a parcel that is 836.1 m2 (9000.0 ft2) or greater in parcel area; and be used in a manner that would cause or create a nuisance by way of noise, vibration or dust to impact the privacy and enjoyment of adjacent residential uses or the amenities of the neighbourhood. In residential districts, the Development Authority shall require the exterior surface of an Accessory Building - Shipping Container be finished, or screened from public view, to the satisfaction of the Development Authority. An Accessory Building - Shipping Container shall not be used as a structure for installing or displaying a Sign. ACCESSORY DWELLING UNITS An Accessory Dwelling Unit may be developed only in those Land Use Districts where it is listed as a permitted use or discretionary use. The issuance of a development permit in no way exempts the applicant from obtaining a building permit for an Accessory Dwelling Unit. A maximum of one (1) Accessory Dwelling Unit is allowed per parcel. Notwithstanding 10.2.3, a maximum of one (1) Accessory Dwelling Unit - Attached and one (1) Accessory Dwelling Unit - Detached may be allowed on a parcel with a parcel area of 836.1 m2 (9,000.0 ft2) or greater. An Accessory Dwelling Unit must not be separated from the principal residential use on a parcel by the registration of a condominium or subdivision. Detached Accessory Dwelling Units The maximum floor area of an Accessory Dwelling Unit - Detached shall not exceed 80.0 m2 (861.1 ft2), excluding any internal area for stairways and landings or common areas that are accessible and intended to be used by residents of both Dwelling Units. Where an Accessory Dwelling Unit - Detached is located on the second storey, the maximum building height shall be 7.0 m (22.97 ft) and shall not exceed the height of the principal building. Empress Land Use Bylaw 2025-01 31 | P a g e Attached Accessory Dwelling Units The maximum floor area of an Accessory Dwelling Unit - Attached shall not exceed 40% of the gross floor area of the principal Dwelling Unit or 80.0 m2 (861.1 ft2), whichever is the lesser. Internal areas for stairways and landings or common areas that are accessible and intended to be used by residents of both Dwelling Units shall not be included in the floor area of the Accessory Dwelling Unit. Notwithstanding 10.2.8, where an Accessory Dwelling Unit - Attached occupies: the basement within a one-storey Dwelling, Detached; or the second storey of a two-storey Dwelling, Detached; the Accessory Dwelling Unit - Attached may occupy a maximum of 50% of the gross floor area of the building. HOME OCCUPATIONS In accordance with Section 3 Development Not Requiring a Development Permit, a Home Occupation - Minor does not require a development permit. Where the applicant for a Home Occupation - Major is not the registered owner of the Dwelling Unit proposed to be used for a Home Occupation - Major, the applicant shall provide to the Development Authority written authorization from the registered owner(s). A Home Occupation shall not include any activity or operation which will cause or create a nuisance by way of noise, dust, and/or smoke or other nuisance that is not characteristic of a residential use. A Home Occupation - Minor shall meet all of the following criteria: located within the principal Dwelling Unit only; on-site sales or customer visits totaling no greater than 9 visits per day, and no more than two customers on-site at a time; Empress Land Use Bylaw 2025-01 32 | P a g e no on-site employees other than the residents of the Dwelling Unit (all employees must reside on the premise or work remotely); no outdoor storage or display of goods. A Home Occupation - Major shall be determined as any Home Occupation which meets one or more of the following criteria: located within an Accessory Building; and/or on-site sales or customer visits totaling 10 or more customer visits per day, or more than two customer on-site at a time. The Development Authority may require the operator of a Home Occupation - Major to maintain a register of the number of customer visits to the parcel on a daily basis. A maximum of one (1) Sign for a Home Occupation may be displayed. BED AND BREAKFASTS Bed and Breakfasts shall: not provide cooking facilities in guest rooms; not change the residential character or external appearance of the building. A maximum of one (1) Sign for a Bed and Breakfast may be displayed. The Development Authority shall issue a temporary development permit for a Bed and Breakfast for a maximum of five (5) years. The issuance of a development permit in no way exempts the applicant from obtaining any other provincial approvals that may be required. DWELLINGS, MANUFACTURED Dwellings, Manufactured constructed greater than ten (10) years at the time of development permit application may not be approved at the discretion of the Development Authority in consideration of its condition and appearance. In determining the suitability of a Dwelling, Manufactured for placement on a parcel, consideration shall be given to its condition and appearance in context with the adjacent parcels. The undercarriage of a Dwelling, Manufactured shall be screened from view by the foundation or by skirting within 30 days of placement of the Dwelling, Manufactured. All accessory structures such as stairways and landings, patios, decks, and skirting shall be of complementary quality and design to the Dwelling, Manufactured. All Dwellings, Manufactured shall be provided with stairways and landings to all entrances within 45 days of their placement. Empress Land Use Bylaw 2025-01 33 | P a g e TEMPORARY CONSTRUCTION ACCOMODATION A development permit for Temporary Construction Accommodation may be issued for a recreational vehicle or park model provided a development permit and building permit has been issued for the construction of a principal building on the parcel. As part of an application for a development permit for Temporary Construction Accommodation, the following are required: proof of valid vehicle registration and insurance of a recreational vehicle or park model; information regarding proposed servicing of the development, including water and disposal of sanitary wastes; current photographs indicating the condition of the proposed recreational vehicle, park model or similar structure; a site plan showing the placement of the recreational vehicle, park model or similar structure, including any patios or decks; and any proposed landscaping or screening. Any decks or patios on a parcel with an approved Temporary Construction Accommodation shall not be placed in a manner to restrict or prevent the removal of the recreational vehicle or park model. A recreational vehicle or park model approved for Temporary Construction Accommodation shall be maintained and kept in good condition and shall have valid registration and insurance. Any recreational vehicle or park model that is considered, in the opinion of the Development Officer, to be a derelict vehicle (i.e. broken windows, damaged siding) or does not have valid insurance and registration may be required to be removed from the parcel in accordance with the provisions of Section 8 Enforcement. A temporary development permit for Temporary Construction Accommodation shall be issued for a maximum of one (1) year. An extension of the development permit may be granted provided the extension is for a period of six (6) months or less and that construction has been proceeding with reasonable diligence during the term of the development permit. A Temporary Construction Accommodation shall be removed within 30 days of the occupancy of the principal building. SEASONAL ACCOMMODATION A maximum of one (1) recreational vehicle, park model or similar structure may be located on a parcel with an approved Seasonal Accommodation use. A recreational vehicle or park model constructed greater than ten (10) years at the time of development permit application may not be approved at the discretion of the Development Authority in consideration of its condition and appearance. As part of an application for a development permit for Seasonal Accommodation, the Empress Land Use Bylaw 2025-01 34 | P a g e following are required: proof of valid vehicle registration and insurance of a recreational vehicle or park model; information regarding proposed servicing of the development; including water and disposal of sanitary wastes; current photographs indicating the condition of the proposed recreational vehicle, park model or similar structure; a site plan showing the placement of the recreational vehicle, park model or similar structure, including any patios, decks or Accessory Buildings; and any proposed landscaping or screening. A recreational vehicle or park model or similar structure shall only be occupied for Seasonal Accommodation from March 1 to October 31, annually. Where a Seasonal Accommodation development is connected to municipal water and sanitary services, these services shall be disconnected annually from the first day of November to the last day in the month of February. The owner shall be responsible to pay any disconnection or connection fees as per the Village of Empress Water and Sewer Bylaws. Any decks, patios or Accessory Buildings on a parcel with a Seasonal Accommodation development shall not be placed in a manner to restrict or prevent the removal of the recreational vehicle or park model or similar structure. A recreational vehicle or park model or similar structure shall be maintained and kept in good condition. Any recreational vehicle or park model or similar structure that is considered, in the opinion of the Development Officer, to be a derelict vehicle (i.e. broken windows, damaged siding) may be required to be removed from the parcel in accordance with the provisions of Section 8 Enforcement. A temporary development permit for Seasonal Accommodation shall be issued for a maximum of one (1) year. A copy of valid vehicle registration and insurance of a recreational vehicle or park model shall be provided annually to the Development Officer. Where proof of insurance and registration is not provided, the Development Officer may require the recreational vehicle or park model be removed from the parcel in accordance with the provisions of Section 8 Enforcement. SHORT-TERM RENTALS A development permit for Short-Term Rental of a Dwelling Unit shall be issued for a maximum of five (5) years. A Short-Term Rental may be allowed to operate year-round. Empress Land Use Bylaw 2025-01 35 | P a g e PET CARE SERVICES AND KENNELS Pet Care Services and Kennels shall be designed, constructed and operated in a manner to prevent a nuisance to any adjacent residential use or other adjacent uses in regard to factors such as noise, odors and waste. Outside enclosures, pens, runs or exercise areas may be allowed at the discretion of the Development Authority. The Development Authority may, as a condition of a development permit for a Pet Care Service or Kennel, limit the maximum number of animals that may be kept at any one time. AUTO BODY SHOPS All buildings and outdoor storage areas related to the Auto Body Shop must be oriented on the parcel to minimize any potential adverse effects on adjacent uses. An Auto Body Shop may include outdoor storage and activities associated with the use located outside of a building provided those areas of the parcel are fenced to a minimum height of 2.44 m (8.0 ft) , and the fence is a solid fence of either metal or wood, designed and constructed to the satisfaction of the Development Authority. CANNABIS PRODUCTION FACILITY The Development Authority may require for a complete application for a Cannabis Production Facility, the submission of a waste management plan completed by a qualified professional, which includes but is not limited to: the quantity and characteristics of liquid and solid waste material discharged by the facility; the method and location of collection and disposal of liquid and solid waste material discharged by the facility; and the incineration of waste products and method of treatment of airborne emissions, including odours. The issuance of a development permit in no way exempts the applicant from obtaining any other approval, permit, authorization, consent or license that may be required to ensure compliance with applicable federal, provincial or other municipal legislation. As a condition of a development permit and prior to the operation of the facility, the developer must provide a copy of the current license for all activities associated with cannabis production as issued by Health Canada. All processes and functions related to a Cannabis Production Facility must be fully contained within a building including all loading stalls and docks, garbage receptacles and waste material. A Cannabis Production Facility shall not include outdoor storage of goods, materials or supplies. Empress Land Use Bylaw 2025-01 36 | P a g e A Cannabis Production Facility shall not be allowed to operate on a parcel with any other use. A Cannabis Production Facility must include equipment in the ventilation system designed and intended to remove odours from the air where it is discharged from the building. WORK CAMPS A temporary development permit for a Work Camp may be issued for up to three (3) years, unless otherwise approved by the Development Authority as a condition in a development permit. In addition to the requirements in Section 5.1 Development Permit Applications, an application for a Work Camp shall include: a description of the location, type and purpose of the Work Camp; a plan showing the location, number and type of accommodations; a plan showing the adjacent land uses, and any proposed screening or fencing; a plan and/or description of the method of supplying water, sewage and solid waste disposal to the Work Camp; the number of persons proposed to reside in the Work Camp; the anticipated start date of construction of the Work Camp, date of occupancy and removal date; and reclamation measures once the Work Camp is completed and removed. A Work Camp must be directly associated with the construction of an industrial or commercial development within the municipal boundary or the adjacent area, and must be located in close proximity to the development. Once completed, a Work Camp site must be: reclaimed to its original condition; or reclaimed to a state where sediment and dust are controlled, and the aesthetics are returned to an acceptable condition, to the satisfaction of the Development Authority. SIGNS Except for election signs, no Sign shall be erected on or affixed to municipal property without the prior consent of the Village of Empress. No Sign shall resemble or conflict with a traffic sign, signal or device. All Signs shall be designed and manufactured to a professional standard of quality. A Sign shall not be located to obstruct the movement or free and clear vision of a pedestrian or motorist. Empress Land Use Bylaw 2025-01 37 | P a g e All Signs shall be kept in a safe, clean, tidy and legible condition and may, at the discretion of the Development Authority, be required to be renovated or removed if not kept in a safe, clean, tidy or legible condition. Empress Land Use Bylaw 2025-01 38 | P a g e Part D - Districts 11 DISTRICTS ADMINISTRATION ESTABLISHMENT OF DISTRICTS For the purpose of this Bylaw, the Municipality is divided into the following Land Use Districts. Short Title District Name Residential Districts R Residential District Commercial Districts C Commercial District Industrial Districts I Industrial District Miscellaneous Districts G General Village District REC Recreational District Empress Land Use Bylaw 2025-01 39 | P a g e DISTRICT BOUNDARIES The locations and boundaries of the Land Use Districts are shown on the Land Use District Maps in Part F Land Use Districts Map, which forms part of this Bylaw. The locations of boundaries shown on the Land Use Districts Map shall be governed by the following rules: where a boundary is shown as following the municipal boundary, it shall be deemed to follow the municipal boundary; where a boundary is shown as approximately following a property line, it shall be deemed to follow the property line; and where a boundary is shown to follow the shoreline of a bank of a waterbody, it follows that line. Where the exact location of the boundary of a Land Use District cannot be determined, using the rules in Subsection 11.2.2 above, the Council, on its own motion or on a written request, shall fix the location: in a manner consistent with the provisions of this Bylaw; and with the appropriate degree of detail required. The location of a district boundary, once fixed, shall not be altered except by an amendment of this Bylaw. DIRECT CONTROL DISTRICTS Direct Control Districts provide for development that, due to its unique characteristics, unusual site conditions, or innovative design, requires specific regulations unavailable in other Land Use Districts. Land Uses within a Direct Control District shall be determined by Council. Direct Control Districts may not be substituted for any other Land Use District if the same outcome can occur in that Land Use District through the approval of a variance or relaxation to development standards. Where Council deems there are sufficient and appropriate regulations within a Direct Control Bylaw, authority to approve development within the Direct Control District may be delegated to the Development Authority. Empress Land Use Bylaw 2025-01 39 | P a g e 12 R - RESIDENTIAL DISTRICT PURPOSE To provide for low density residential development and other compatible residential neighbourhood uses. PERMITTED USES The following uses are permitted uses in the R - Residential District: Accessory Building* Accessory Dwelling Unit - Attached* Accessory Dwelling Unit - Detached* Dwelling, Detached Dwelling, Duplex Home Occupation - Minor* Dwelling, Manufactured* Park Sign* Utilities *See Section 10 Specific Use Regulations DISCRETIONARY USES The following uses are discretionary uses in the R - Residential District: Accessory Building - Fabric Covered* Accessory Building - Shipping Container* Attached Housing Bed and Breakfast* Child Care Centre Care Facility Home Occupation - Major* Public Building Short-Term Rentals* Temporary Construction Accommodation* Worship Facility *See Section 10 Specific Use Regulations REGULATIONS The minimum parcel area is 279.0 m2 (3,003.1 ft2), except 204.0 m2 (2,195.8 ft2) for each Dwelling Unit in Attached Housing. The minimum parcel width is 7.4 m (25.0 ft), except 6.0 m (19.7 ft) for each Dwelling Unit in Attached Housing. The minimum front yard setback is 4.87 m (16.0 ft). The minimum side yard setback is 1.22 m (4.0 ft). Empress Land Use Bylaw 2025-01 40 | P a g e The minimum rear yard setback is 6.01 m (20.0 ft). The maximum building height of a principal Dwelling Unit is 10.0 m (32.8 ft). ADDITIONAL REQUIREMENTS A recreational vehicle shall only be stored or parked on a parcel with an approved principal residential use. A recreational vehicle shall not be parked or stored in the front yard. A Short-Term Rental shall not interfere with the rights of nearby residents to quiet enjoyment of a residential neighbourhood. Empress Land Use Bylaw 2025-01 41 | P a g e 13 C - COMMERCIAL DISTRICT PURPOSE To provide for commercial development. PERMITTED USES The following uses are permitted uses in the C - Commercial District: Accessory Building* Accessory Building - Fabric Covered* Amusement Centre Artist Studio Athletic and Recreational Facility - Indoor Automotive Sales Car Wash Clinic Contractor Services - Minor Convenience Store Cultural Establishment Dwelling Units (above the first storey or to the rear) Eating and Drinking Establishment Financial Institution Funeral Home Hotel/Motel Office Park Parking Lot Personal Service Establishment Public Building Retail Store Sign* Utilities Wholesale Outlet *See Section 10 Specific Use Regulations DISCRETIONARY USES The following uses are discretionary uses in the C - Commercial District: Accessory Building - Shipping Container* Automotive Repair and Service Building Supply Centre Cannabis Retail Store Drinking Establishment Gas Bar and Service Station* Greenhouse Laundry Facility Liquor Store Pet Care Services* Temporary Construction Accommodation* Worship Facility Veterinary Clinic *See Section 10 Specific Use Regulations Empress Land Use Bylaw 2025-01 42 | P a g e REGULATIONS The minimum parcel area is 300.0 m2 (3,229.2 ft2). The minimum parcel width is 7.6 m (25.0 ft) The minimum front yard setback is zero. The minimum side yard setback is 1.22 m (4.0 ft), except: zero where a fire wall is provided; and 1.52 m (5.0 ft) where abutting a parcel with a principal residential use. The minimum rear yard setback is 3.0 m (10.0 ft). Empress Land Use Bylaw 2025-01 43 | P a g e 14 I - INDUSTRIAL DISTRICT PURPOSE To provide for a range of manufacturing, warehousing and other industrial uses. PERMITTED USES The following uses are permitted uses in the I - Industrial District: Accessory Building* Accessory Building - Fabric Covered* Accessory Building - Shipping Container* Agricultural Supply Depot Artist Studio Athletic and Recreational Facility - Indoor Auto Body Shop Automotive Repair and Service Building Supply Centre Car Wash Contractor Services - Minor Contractor Services - Major Equipment Rental Shop Food Processing Storage and Sales Greenhouse Heavy Equipment Sales and Service Manufacturing - Light Print Shop Public Building Recycling Depot Sign* Self-Storage Facility Storage Yard Utilities Veterinary Clinic Warehousing and Distribution *See Section 10 Specific Use Regulations DISCRETIONARY USES The following uses are discretionary uses in the I - Industrial District: Auction Facility Bulk Fuel Station Cannabis Production Facility* Drinking Establishment Dwelling Unit (accessory to industrial use) Gas Bar and Service Station Grain Elevator and Seed Cleaning Kennel* Manufacturing - Heavy Park Retail Store Temporary Construction Accommodation* Truck and Freight Terminal Waste Transfer Station Wrecker and Salvage *See Section 10 Specific Use Regulations Empress Land Use Bylaw 2025-01 44 | P a g e REGULATIONS The minimum parcel area is 464.0 m2 (4,994.5 ft2). The minimum front yard setback is 4.87 m (16.0 ft). The minimum side yard setback is 3.0 m (10.0 ft), excepting no side yard is required where a fire wall is provided. The minimum rear yard setback is 6.0 m (19.7 ft). ADDITIONAL REQUIREMENTS For an application for an industrial development, the development permit application shall contain the following information: the type and nature of the industry; the estimated number of employees; the estimated water demand and source; the type of effluent and method of treatment; the release of airborne pollutants or odors; the storage or release of any hazardous, flammable or explosive materials; transportation routes to be used; and any accessory works required. Empress Land Use Bylaw 2025-01 45 | P a g e 15 G - GENERAL VILLAGE DISTRICT PURPOSE To provide for a variety of community service, residential and other general uses and acts as a transitional area between the commercial or industrial areas and residential areas. PERMITTED USES The following uses are permitted uses in the G - General Village District: Accessory Building* Apartment Athletic and Recreational Facility - Indoor Athletic and Recreational Facility - Outdoor Attached Housing Care Facility Child Care Centre Clinic Cultural Establishment Dwelling, Detached Dwelling, Duplex Dwelling, Manufactured* Dwelling Units (above the first storey or to the rear) Educational Institution Home Occupation - Minor* Home Occupation - Major* Park Parking Lot Public Building Short-Term Rentals* Sign* Utilities *See Section 10 Specific Use Regulations DISCRETIONARY USES The following uses are discretionary uses in the G - General Village District: Accessory Building - Fabric Covered* Accessory Building - Shipping Container* Artist Studio Automotive Repair and Service Automotive Sales Cannabis Retail Store Contractor Services - Minor Drinking Establishment Eating and Drinking Establishment Extensive Agriculture Financial Institution Funeral Home Greenhouse Hospital Hotel/Motel Liquor Store Manufactured Dwelling Park Office Personal Service Establishment Pet Care Services* Retail Store Seasonal Accommodation* Empress Land Use Bylaw 2025-01 46 | P a g e Temporary Construction Accommodation* Veterinary Clinic Work Camp* Worship Facility *See Section 10 Specific Use Regulations REGULATIONS The regulations for any principal residential use shall be those specified in Section 12.4 and 12.5 of the R - Residential District. For all other uses, the regulations shall be those specified in Section 13.4. of the C - Commercial District. Empress Land Use Bylaw 2025-01 47 | P a g e 16 REC - RECREATIONAL DISTRICT PURPOSE To provide for areas of the Village specifically designated for Manufactured Dwellings, Seasonal Accommodation and Campground uses. PERMITTED USES The following uses are permitted uses in the REC - Recreational District: Accessory Buildings* Campground Dwellings, Manufactured* Home Occupation - Minor* Parks Public Building Seasonal Accommodation* Signs* Utilities *See Section 10 Specific Use Regulations DISCRETIONARY USES The following uses are discretionary uses in the REC - Recreational District: Accessory Buildings - Fabric Covered* Accessory Buildings - Shipping Container* Dwelling, Detached Home Occupation - Major* Manufactured Dwelling Park Temporary Construction Accommodation* *See Section 10 Specific Use Regulations REGULATIONS The minimum parcel area is 279.0 m2 (3,003.1 ft2), except 1.0 ha (2.5 ac) for a Manufactured Dwelling Park. The minimum parcel width is 7.4 m (25.0 ft). The minimum front yard setback is 4.87 m (16.0 ft). The minimum side yard setback is 1.22 m (4.0 ft). The minimum rear yard setback is 6.01 m (20.0 ft). The maximum building height of a principal building is 6.1 m (20.0 ft). Empress Land Use Bylaw 2025-01 48 | P a g e Empress Land Use Bylaw 2025-01 49 | P a g e Part E - Definitions 17 DEFINITIONS The following definitions pertain to terms and uses within the Land Use Bylaw. Quick links - click on the letter to jump to the definitions. A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Empress Land Use Bylaw 2025-01 50 | P a g e A [ Click to Return to Definitions Index ] abut or abutting means immediately contiguous to, or physically touching, and when used with respect to a lot or a parcel, means that the lot or parcel physically touches another lot, parcel, or development, and shares a property line with it. Accessory Building means a use where a building or structure accommodates a use which is related to, but is incidental or subordinate to, the use of the principal building located on the same parcel. This includes buildings or structures such as sheds, carports, detached garages and greenhouses. Accessory Building - Fabric Covered means a use where a structure accommodates a use which is related to, but is incidental or subordinate to, the use of the principal building located on the same parcel. An Accessory Building, Fabric Covered is designed by virtue of easy assembly and dismantling, commercially constructed of metal or synthetic tube and fabric, plastic or similar materials, and covered with waterproof sheeting, synthetic sheeting or plastic film. Accessory Building - Shipping Container means a use where a shipping container accommodates an accessory use which is related to, but is incidental or subordinate to, the principal use of the parcel. Accessory Dwelling Unit means a self-contained Dwelling Unit that is subordinate to and under one title with the principal residential use. Accessory Dwelling Unit - Attached means a use where an Accessory Dwelling Unit is located within or attached to the building containing the principal residential use. Accessory Dwelling Unit - Detached means a use where an Accessory Dwelling Unit is located on the same parcel as, but within a separate building, from the principal residential use. accessory use means a use which is related to, but is subordinate or incidental to the principal use located on the same parcel. Act means the Municipal Government Act, Revised Statues of Alberta 2000, Ch. M-26, as amended, and any parallel or successor legislation. adjacent means land that is contiguous to a parcel of land and includes land that would be contiguous if not for a highway, road, river, stream, or railway. Agricultural Supply Depot means a use where goods, materials or services that support agricultural activities are provided, whether retail, wholesale or in bulk. This includes such goods and services as sale and storage of seeds, feeds, fertilizers, chemical products, fuels, and lubricants but does not include the buying or selling of farm produce or animals. amenity area means an indoor or outdoor space provided for the active or passive recreation and enjoyment of the occupants of a development, which may be for private or communal use and owned individually or in common. Amusement Centre means a use where entertainment is provided to customers for a fee, which may include, but is not limited to facilities such as bowling alleys, theaters, Empress Land Use Bylaw 2025-01 51 | P a g e axe throwing, golf simulator or mini golf, go-cart courses, and billiard parlours. Appeal Body means the board hearing a subdivision or development permit appeal in accordance with the Act. Apartment means a use where a building designed for residential use contains five (5) or more Dwelling Units with a shared or common entrance. Artist Studio means a use: (a) where art is produced by individuals; (b) that may include the instruction of art to individuals or groups; and (c) that may include the sale of art pieces produced by that use. Athletic and Recreational Facility - Indoor means a use for the purpose of providing indoor active recreation or athletic activities where patrons are predominantly participants and any spectators are incidental. This includes but is not limited to gyms, athletic studios, skating and hockey rinks, swimming pools, rifle, archery and pistol ranges, and racquet courts. Athletic and Recreational Facility - Outdoor means a use for the purpose of providing outdoor active recreation or athletic activities. This includes but is not limited to golf courses, driving ranges, sports fields, tennis courts, ice surfaces or rinks, athletic fields, splash parks, bowling greens, and riding stables. Attached Housing means a use where a building designed for residential use consists of three (3) or more Dwelling Units, each of which has an individual entrance to the outdoors. This includes rowhouses, townhouses, triplexes and fourplexes. Auction Facility means use intended for the auctioneering of livestock, goods, equipment and may include temporary storage of such goods and holding of the livestock. This does not include on-site slaughtering such as an abattoir or one-time on-site estate auction sales. Auto Body Shop means a use where the bodies, but not other parts, of motor vehicles are repaired and painted. Automotive Repair and Service means a use for the servicing and repair of motor vehicles within a building, excluding an Auto Body Shop. Automotive Sales means a use where motor vehicles are sold or leased and stored on portions of the parcel approved exclusively for storage or display, and may have buildings for administrative functions associated with the use. average grade means the average elevation at the mid-point along the front parcel line and the finished ground elevation at the rear of the building. (Refer to building height) B [ Click to Return to Definitions Index ] balcony means a projecting platform on a building, which is greater than 0.6 m above grade. A balcony is only accessible from within the building and is Empress Land Use Bylaw 2025-01 52 | P a g e enclosed by a railing. It may be cantilevered from the building or supported from below. bareland condominium means the subdivision of land into individual bare land units and registered as a condominium plan at Land Titles, and where shared areas such as roads and utilities are contained within common property. basement means that portion of a building between two floor levels which is partly underground but which has a portion of its height from finished floor to finished ceiling above the adjacent finished grade. bay window means a type of window that protrudes outwards from a wall. Bed and Breakfast means a use where sleeping accommodation, with or without meals, is provided to guests as an accessory use to a principal Dwelling Unit, and where the Dwelling Unit is occupied by the owner or operator. boulevard means that portion of a road which is public land and is often landscaped or planted to distinguish private lands from the road. buffer means a row of trees, shrubs, earth berm, or fencing to provide visual screening and separation between parcels and districts. building means anything constructed or placed on, in, over or under land that does not include a highway or road. building height means the vertical distance measured from the average grade and the highest point of a building, excluding a roof, stairway entrance, elevator shaft, ventilating fan , skylight, steeple, chimney, smoke stack, fire wall or parapet, flagpole, or similar devices not structurally essential to the building. Empress Land Use Bylaw 2025-01 53 | P a g e building permit means a permit or document issued in writing by a designated Safety Code Officer within the building discipline pursuant to the Safety Codes Act authorizing the commencement of a use, occupancy, relocation, construction, or demolition of any building. Building Supply Center means a use where building materials, household accessories and other related goods are stored, offered, or kept for sale and may include outdoor storage. Bulk Fuel Station means a use for the purpose of storing fuel for the distribution to customers, typically for vehicles with a gross vehicle weight (G.V.W.) greater than 4536 kg. This does not include a Gas Bar and Service Station. C [ Click to Return to Definitions Index ] Campground means a use for the purpose of providing temporary accommodation for the public in recreational vehicles or tents. A campground is not construed to mean a use for the purpose of accommodating long-term or permanent occupancy in recreational vehicles or Dwelling, Manufactured. A campground may include facilities such as an administration building and laundry facilities. Cannabis Production Facility means a use where Cannabis is for grown, produced, tested, destroyed, stored or distributed in a federally approved and licensed facility. This does not include Cannabis Retail Sales. Empress Land Use Bylaw 2025-01 54 | P a g e Cannabis Retail Sales means a use where Cannabis is sold for consumption off the premises and may include the retail sale or rental of merchandise. Cannabis Retail Sales offers cannabis for sale from a federally approved and licenced facility and has been licenced to operate by the Alberta Government. canopy means a non-retractable solid projection extending from the wall of a building intended to be used as a protection against weather, other than normal architectural features such as lintels, sills, mounding, architraves and pediments, but includes a marquee. cantilever means a projection from the wall of a building to increase the useable gross floor area. A cantilever does not have external bracing. Car Wash means a use intended for the washing, cleaning, or polishing of motor vehicles. Care Facility means a use where a public or private facility provides for the care, supervision or rehabilitation of individuals, or for palliative and end-of-life- care, containing overnight accommodation and operated in accordance with any relevant legislation or regulations of the Province of Alberta. Units within a Care Facility may, at the discretion of the Development Authority, be considered both long-term care units or Dwelling Units as these may be for permanent residences for the occupants. Child Care Centre means a use where children are supervised and cared for, and may include group day care, family daycare, nursing school, child minding, out of school care, or specialized daycare. This does not include a dayhome. Clinic means a use where public or private medical, surgical, physiotherapeutic or other professional healing treatment is provided, and includes but is not limited to offices for medical, dentistry, physiotherapy, massage or chiropractic services and Community Health Centres. comprehensively planned means a development where multiple Dwelling Units are located on a single parcel or a parcel divided by bareland condominium and is serviced by private roads and utilities. condominium means a condominium plan registered with the Land Titles Office that complies with the requirements of the Condominium Property Act. Confined Feeding Operation means a use where livestock is confined for the purpose of growing, sustaining, finishing or breeding by means other than grazing and requires registration or approval under the conditions set forth in the Agricultural Operations Practices Act through the Natural Resources Conservation Board. construction management plan means a plan that considers all relevant aspects of demolition, development and building work and outlines methods for avoidance and mitigation of identified impacts. A construction management plan typically addresses issues such as public safety, traffic control, operating hours, control of noise and vibration, air quality and dust management, stormwater and sediment control, site contamination, waste disposal and materials re-use or recycling and weed control. Empress Land Use Bylaw 2025-01 55 | P a g e Contractor Services - Major means a use for the provision of contractor services in the building trades and services, or road and utility construction where materials and equipment may not be stored within a building and includes outdoor storage. Contractor Services - Minor means a use for the provision of contractor services primarily to individual households and the accessory sale of goods normally associated with such contractor services, and where all materials are primarily kept within an enclosed building, and there are no associated primary manufacturing activities. This does not include the outdoor storage of goods or equipment. Convenience Store means a use where a limited range of household goods and groceries are stocked and sold in small neighbourhood retail stores. This does not include Cannabis Retail Sales. corner lot means a lot situated at the intersection of two or more roads, or at the intersection of two parts of the same road which parts have an intersection of not more than 135 degrees. corner visibility setback means a triangular area formed on a corner lot by the two curb lines and a straight line which intersects them 7.5 m from the corner where they meet. In the case where there is no curb on one or more roads, 6.0 m from the corner where they meet. Council means the duly elected Council of the Village of Empress. Cultural Establishment means a use which is available to the public for the purpose of assembly, instruction, cultural or community activity and includes such things as a library, museum, art gallery, community centre and similar activities. D [ Click to Return to Definitions Index ] Empress Land Use Bylaw 2025-01 56 | P a g e day home means a type of Home Occupation - Major where temporary care, development and supervision is provided within a Dwelling Unit for periods not exceeding 24 consecutive hours to a maximum of six (6) children under the age of 13 years, not including children under the age of 13 years who permanently reside in the home. deck means a flat, floored concrete or wooden platform, elevated more than 0.6 m above grade and usually adjoining a building. density means a measure of development intensity expressed as a ratio of the number of Dwelling Units to parcel area. derelict vehicle means any vehicle no longer in road worthy condition, in a state of disrepair, wrecked or being dismantled but does not include vehicles stored in buildings, commercial or farm vehicles or vehicles used for commercial or industrial purposes on land designated for commercial or industrial use in this Bylaw. Designated Officer means a position established by bylaw whereby Council has delegated powers, duties, and/or functions. 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 in, on or under land of any of them; or (c) a change of use of land or a building, or an act done in relation to land or a building that results or is likely to result in a change in the land or the building; or (d) a change in the intensity of use of land or building that results in or is likely to result in a change in the intensity of use of the land or building. Development Authority means a person or persons appointed as a Development Authority as contemplated by and in accordance with the Act. Development Officer means a person or persons appointed as a Development Officer as contemplated by and in accordance with the Act. development permit means a document authorizing a development, issued by the Development Authority pursuant to this Bylaw, and includes the plans and conditions of approval. discretionary use means the use of land or of a building which is listed as such a use in a Land Use District or a Direct Control District. Drinking Establishment means a use: (a) where the primary function is the servicing of alcoholic beverages for consumption on the premises and is licensed by Alberta Gaming, Liquor and Cannabis. Typical businesses include taverns, pubs, bars and nightclubs; and (b) may include supplementary preparation and sale of food for Empress Land Use Bylaw 2025-01 57 | P a g e consumption on the premises. Dwelling, Detached means a use where a building designed for residential use contains one principal Dwelling Unit. Dwelling, Duplex means a use where a building designed for residential use contains two principal Dwelling Units, each having a separate entrance from the outside and may be located one above the other or side-by-side. Dwelling, Manufactured means a use where a transportable, single or multiple section building conforming to CSA standards at the time of construction that contains a Dwelling Unit and when placed on a permanent foundation is ready for residential use and occupancy. A Manufactured Dwelling includes such styles known as modular homes, manufactured homes and Ready to Move (RTM) Homes. Dwelling Unit means a use where a building or a self-contained portion of a building contains sleeping, cooking and toilet facilities for the residential use of one or more people. E [ Click to Return to Definitions Index ] easement means a right to the limited use of land held by another, generally for access to another parcel or as a right-of-way for a utility and is registered on the parcel with the Land Titles Office in accordance with the Land Titles Act. eave means the edges of the roof that overhang past the walls of a building that primarily function to protect a building from rain and to provide ventilation. Eating and Drinking Establishment means a use where food and beverages are prepared and served and includes supplementary alcoholic beverage service licensed by the Alberta Gaming and Liquor Commission. This includes restaurants, cafes, and cafeterias, and may include a drive though. Educational Institution means a use where persons are assembled for educational purposes within buildings and structures, including classrooms, libraries, offices, recreational facilities and other related facilities, and where dormitory accommodations and common kitchen and dining facilities may also be provided. environmental evaluation means a study or report prepared by a qualified professional that considers relevant environmental impacts and mitigations related to a proposed development, and may include considerations such as: (a) fish or wildlife and associated habitat; (b) vegetation, soils and terrain; (c) groundwater or surface water; (d) air quality; and (e) cumulative effects. Empress Land Use Bylaw 2025-01 58 | P a g e Equipment Rental Shop means a use for the rental of tools, appliances, office machines, light construction equipment or similar items but not the rental of motor vehicles. existing means existing as of the effective date of this Bylaw. Extensive Agriculture means a use where systems of tillage and animal husbandry through which one may gain livelihood from large areas of land by the raising of crops or the rearing of livestock either separately or in conjunction with one another in unified operations and includes Accessory Buildings and other structures incidental to the operation. This does not include a Confined Feeding Operation, or residential uses. F [ Click to Return to Definitions Index ] fence means a vertical physical barrier constructed out of typical building material to prevent visual or unauthorized access, or both. Financial Institution means a use where banks, credit unions, trust companies and treasury branches operate within a building and may include automated banking machines. This does not include businesses such as a pawn shop. fire wall means a type of fire separation of non-combustible construction which internally divides a building or separates adjoining buildings to resist the spread of fire and which has a fire resistance rating. floor area means the area of a building or specified portion of a building, measured to the outside surface of the exterior walls, or where buildings are separated by fire walls, to the centre line of the common fire walls, and excludes all mechanical equipment areas and all open areas inside a building that do not contain a floor including atriums, elevator shafts, stairwells and similar areas. Food Processing, Storage, and Sales means a use where raw farm products, combined with other consumable ingredients, produce marketable products for consumption that can be easily prepared and served by the consumer, and where raw farm products may be warehoused prior to being sold either directly to consumers or for wholesale, and the selling of raw farm products either directly to consumers or for wholesale. frontage means a property line of a parcel which abuts a highway or road. Funeral Home means a use where funerals are arranged and held, where the deceased are prepared for burial or cremation, and where not more than one cremation chamber is provided. G [ Click to Return to Definitions Index ] Gas Bar and Service Station means a use where fuel, lubricating oils and minor accessories for motor vehicles are sold and may include a portion of the premises for the servicing and minor repairing of motor vehicles. grade means the geodetic elevation of the existing ground in an undisturbed natural state or an approved design grade as described in a grading plan. Empress Land Use Bylaw 2025-01 59 | P a g e Grain Elevator and Seed Cleaning means a use where grain is stored and stockpiled in towers, and includes the cleaning of seeds to remove any debris or unwanted seeds. Greenhouse means a use which is devoted to the commercial cultivation of vegetables, flowers or other plants within a building, and where such vegetables or plants may be sold wholesale or directly to the consumer. This does not include a Cannabis Production Facility. gross floor area means the sum of the areas of all above grade floors of a building measured to the outside surface of the exterior walls, or where buildings are separated by fire walls, to the centre line of the common fire walls, and includes all mechanical equipment areas and all open areas inside a building that do not contain a floor including atriums, elevator shafts, stairwells and similar areas. For greater clarity, a walk-out basement is not included in the calculation of gross floor area, but Dwelling units in the basement of an Apartment shall be included in the calculation of gross floor area. H [ Click to Return to Definitions Index ] Heavy Equipment Sales and Service means a use where farm and heavy industrial equipment is sold, rented and serviced. highway means a road designated and classified as a provincial highway by the Province of Alberta. Home Occupation means an occupation, trade, profession, or craft operated by an occupant of a Dwelling Unit as an accessory use to the principal residential use of the building pursuant to this Bylaw. Home Occupation - Major means a use where a Home Occupation is operated which may be detectable outside of the Dwelling Unit but does not negatively impact the general residential nature of the neighbourhood. Home Occupation - Minor means a use where a Home Occupation is operated which allows for limited customer visits and deliveries but does not impact adjacent residential uses beyond that of a typical Dwelling Unit. Hospital means a use where in-patient and out-patient health care is provided to the public. Hotel/Motel means a use where temporary or short-term sleeping accommodations are provided in rooms or suites, which may contain kitchen facilities. This definition includes hotels, motels, hostels and similar overnight accommodations. This may include additional facilities or services such as Eating and Drinking Establishments, meeting or banquet rooms, Personal Service Establishments, a manager's suite and convention facilities. I [ Click to Return to Definitions Index ] J [ Click to Return to Definitions Index ] Empress Land Use Bylaw 2025-01 60 | P a g e K [ Click to Return to Definitions Index ] Kennel means a use where dogs or cats or other domestic pets may be maintained, boarded, bred or trained and may include the incidental sale of products related to the services provided, but does not include a Veterinary Clinic. L [ Click to Return to Definitions Index ] landing means a platform that primarily functions as an entrance into a building. Landings are a separate building element to balconies, decks and patios as they are not intended to provide or function as an amenity area. landscaped area means that portion of a parcel which is required to be landscaped pursuant to district regulations or conditions of approval of a development permit. landscaping means the modification and enhancement of a parcel or a portion of a parcel through the use of any combination of trees, bushes, shrubs, plants, flowers, lawns, bark mulch or other ground cover, and hard landscaping materials such as brick, stone, concrete tile or wood, but excludes all areas used for a parking area or driveway and retaining walls 1.0 m (3.3 ft) in height or greater. lane means a public thoroughfare usually less than 10.0 m (32.8 ft) wide typically providing secondary access to one or more parcels. For the purpose of this Bylaw, a lane is not a road. Laundry Facility means a use where clothes and other fabric goods are cleaned or pressed. This includes businesses such as a laundromat and dry cleaners. Liquor Store means a use where alcoholic beverages are sold for off-site consumption from a retail store licensed by the Alberta Gaming and Liquor Commission. loading stall means a space for parking a vehicle while it is being loaded or unloaded. lot means a lot as defined in the Act. M [ Click to Return to Definitions Index ] Manufactured Dwelling Park means a use where a parcel of land under one Title is comprehensively planned for the placement of Dwellings, Manufactured for permanent residential use. A Manufactured Dwelling Park may also include Accessory Buildings and accessory uses such as maintenance buildings, amenity areas and common facilities. Manufacturing - Heavy means a use where goods or products are fabricated, processed, assembled, or packaged for distribution, where all or part of the processes associated with the use are located outside of a building, and which may generate a nuisance beyond the boundary of the parcel. Heavy Manufacturing does not include a Cannabis Production Facility. Manufacturing - Light means a use where goods or products are fabricated, processed, assembled, or packaged for distribution, where all of the processes associated with the use are located inside of a building, and which does not Empress Land Use Bylaw 2025-01 61 | P a g e generate any nuisance beyond the boundary of the parcel. Light Manufacturing does not include a Cannabis Production Facility. Municipal Planning Commission (MPC) means the Municipal Planning Commission established by Bylaw pursuant to the Act. Municipality means the Village of Empress. N [ Click to Return to Definitions Index ] non-conforming building means a building that is lawfully constructed or lawfully under construction at the date a Land Use Bylaw affecting the building or the land on which the building is situated becomes effective and that on the date the Land Use Bylaw becomes effective does not, or when fully constructed will not, comply with the Land Use Bylaw. non-conforming use means a lawful, specific use being made of land or a building, or intended to be made of a building lawfully under construction at the date a Land Use Bylaw affecting the land or building becomes effective and that on the date the Land Use Bylaw becomes effective does not, or in the case of a building under construction will not, comply with the Land Use Bylaw. O [ Click to Return to Definitions Index ] Office means a use for the provision of professional, management, administrative, and consulting services. This does not include a Clinic. outdoor storage means the storing, stockpiling, or accumulation of goods, equipment or materials in an area that is open or exposed to the natural elements, and includes vehicles, recreational vehicles and boats, waste materials, debris or garbage. P [ Click to Return to Definitions Index ] parcel means the aggregate of the one or more lots described in a Certificate of Title or described in a Certificate of Title by reference to a plan file or registered in a Land Titles Office. parcel area means the total area of land within the parcel. parcel coverage means the percentage of the parcel area covered by the area of all buildings including Accessory Buildings, and excludes balconies, bay windows, canopies, shade projections, cornices, eaves and gutters, roof overhangs, fire escapes, sills, stairways and landings, patios and decks or similar projections. parcel line, exterior side means a property line, other than the front parcel line, which abuts a road. parcel line, front means the shortest property line that abuts a road, unless otherwise determined by the Development Authority in accordance with this Bylaw. parcel line, interior side means a property line other than a front parcel line or rear parcel line, which abuts another parcel or a lane. Empress Land Use Bylaw 2025-01 62 | P a g e parcel line, rear means the property line which is opposite to and is not connected to the front parcel line, excepting in the case for a reverse corner lot where the rear parcel line is opposite to the exterior side parcel line. parcel width means the average horizontal distance between two side parcel lines. Park means a use where land is designated or reserved for active or passive recreation, or to be left in a natural state, and/or areas of cultural or scenic value. This may include facilities such as playgrounds, picnic grounds, pathways and trails, landscaped buffers, gardens and fields. park model means a type of recreational vehicle that provides for temporary or seasonal accommodation and may be connected to utilities. A park model is not a Dwelling Unit. parking area means an open area of land, above or underground, other than a road, used for the parking of vehicles and shall include parking stalls, vehicle entrances and exits, and maneuvering aisles. Parking Lot means a use where the primary purpose of the land is for the parking of motor vehicles at grade, or in a parking structure which may be above or below grade. parking, off-street means a parking area located on the same parcel as the building, structure, or use. parking stall means a space within a building or parking area, for the parking of one vehicle, excluding driveways, aisles, and ramps. parking stall, visitor means a parking stall intended only for the use of visitors to Dwelling Units. patio means a platform, the height of which may be up to but does not exceed 0.61 m (2.0 ft) from grade, that may or may not be attached to a building. permitted use means the use of land or a building which is listed as such use in a Land Use District or Direct Control District. Personal Service Establishment means a use where personal services are provided to an individual which are related to the care and appearance of the body or the cleaning and repair of personal effects. This includes but is not limited to such businesses as barber shops, hair and/or beauty salons, and tailors. Pet Care Services means a use where domestic pets are cleaned, groomed and cared for, where no boarding or kenneling of any animals occurs, and may include the incidental sale of products related to the services provided. This does not include a Kennel or Veterinary Clinic. principal means the main purpose for which a building or parcel is used. Print Shop means a use where retail photocopying and/or commercial printing service, or industrial printing and publishing services, are provided. property line means the legal boundary of a parcel or lot. Empress Land Use Bylaw 2025-01 63 | P a g e Public Building means a use where facilities or buildings that are owned or operated by, or for, the Municipality, the Provincial Government, the Federal Government or a corporation under federal or provincial statute, for the purpose of furnishing services or commodities to, or for the use of, the inhabitants of the municipality. Q [ Click to Return to Definitions Index ] qualified professional means individuals with experience and training in a particular discipline with a recognized degree, certification, license or registration. R [ Click to Return to Definitions Index ] recreational vehicle means a portable structure designed and built to be carried on a vehicle, or a unit designed and built to be transported on its own wheels, to provide temporary living accommodation for travel and recreational purpose and includes, but is not limited to, such vehicles as a motor home, camper, holiday (travel) trailer and a tent trailer, but does not include a Dwelling, Manufactured or a Dwelling Unit. Recycling Depot means a use where recyclable materials are collected, sorted and transferred off-site for processing or manufacturing. Regulation means the Matters Related to Subdivision and Development Regulation AR84/2022, as amended, and any parallel or successor legislation. renewable energy system means a system that produces electrical power or heat to be used for on- site consumption or heating requirements by means such as, but not limited to, active and passive solar collectors, geothermal energy or heat exchange systems. A renewable energy system may provide residual power to the grid but is not intended to produce power primarily for resale. residential use means the use of a parcel for the purpose of a residence by a person or persons and does not include use of the property for commercial purposes. A residential use is one where the occupants have exclusive use for an indefinite amount of time except in accordance with a tenancy agreement under the Residential Tenancies Act or the Mobile Homes Site Tenancies Act. Retail Store means a use where the primary function is for the sale of finished products or goods to customers, and also includes rental services. This does not include a Building Supply Centre, Cannabis Retail Sales, a Convenience Store, a Liquor Store or Wholesale Outlet. reverse corner lot means a residential corner lot where the front façade of the Dwelling Unit is oriented towards the longest property line which abuts a road which is considered the front parcel line. The exterior side parcel line of a reversed corner lot is the shorter property line which abuts a road. road means any public road, including the boulevards, sidewalks and improvements, but excluding a lane, highway or private road. Empress Land Use Bylaw 2025-01 64 | P a g e S [ Click to Return to Definitions Index ] screening means a fence, earth berm, or hedge used to visually separate between parcels, districts or uses. Seasonal Accommodation means a use of a parcel for the purpose of seasonal or temporary accommodation of a recreational vehicle, park model or similar structure. Seasonal Accommodation does not provide for residential use or the commercial use of the parcel as a Campground. Self-Storage Facility means a use: (a) where goods are stored in a building; (b) where the building is made up of separate compartments and each compartment has separate access; (c) that may be available to the general public for the storage of personal items; (d) that may include the administrative functions associated with the use; and (e) that may incorporate custodial quarters for the custodian of the facility. setback means the minimum distance as required by the district between a building, structure, or use, or from each of the respective property lines, or from a natural boundary or other reference line. shade projection means a structure that is attached to and projects from a building with the intent of providing shade or cover, and may include a canopy, awning, shade louvre, or pergola. shipping container means a large metal container with suitable strength for the shipping, storage and handling of goods. Shipping containers are also commonly known as sea cans or intermodal containers. Short-Term Rental means a use where a Dwelling Unit is operated as a temporary place to stay and includes vacation rentals of a Dwelling Unit. The characteristics of a Short-Term Rental may include, but is not limited to: the intent of the occupant to stay for short-term purposes rather than as a residence; the management and advertising of the property as a short-term accommodation property; and/or the use of a system for reservations, deposits, confirmations, credit cards or other forms of electronic payment. Sign means any device or fixture intended to convey information or to advertise or attract attention to any person, business, matter, message, object or event. Storage Yard means a use: (a) where goods, motor vehicles or equipment are stored when they are not being used and may include long term storage where a fee is paid; (b) where the vehicles and equipment stored may also be serviced, Empress Land Use Bylaw 2025-01 65 | P a g e cleaned or repaired; (c) that may involve the storage of construction materials; (d) that does not involve the storage of any derelict vehicles or derelict equipment; (e) that does not involve the production or sale of goods as part of the use; and (f) that may have a building for the administrative functions associated with the use. storey means the space between the top of any floor and the top of the next floor above it, and if there is no floor above it, the portion between the top of the floor and the ceiling above it. storey, first means the storey with its floor closest to grade and having its ceiling more than 1.8 m above grade. structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground, but does not include a fence or a Sign. subdivision means the division of a parcel by an instrument and the word "subdivide" has corresponding meaning. Subdivision Authority means a person or body appointed as a Subdivision Authority in accordance with the Act. T [ Click to Return to Definitions Index ] Telecommunication Structure means a device that requires a permit from the Federal Government and is used to receive and/or to transmit radio-frequency (RF) signals, microwave signals, or other communications energy transmitted from, or to be received by, other antennas. Telecommunication Structures include the antenna, and may include a supporting tower, mast or other supporting structure, and an equipment shelter. A Telecommunication Structure may be freestanding or mounted on an existing building or structure. temporary means a limited period of time as decided by the Development Authority. Temporary Construction Accommodation means a use where a recreational vehicle or park model may be placed on a parcel for use as a temporary residence during the construction of the principal use of the parcel. Truck and Freight Terminal means a use where goods/freight are received, transferred, stored short- term, and dispatched for transport by truck. U [ Click to Return to Definitions Index ] use means a permitted use or discretionary use. Utility means a use where a system or works are provided for treatment, storage or distribution of one or more of the following: (a) waterworks; (b) sewage disposal; Empress Land Use Bylaw 2025-01 66 | P a g e (c) public transportation; (d) irrigation; (e) drainage; (f) fuel; (g) electric power; (h) heat; (i) waste management (excluding a Waste Transfer Station); and (j) communications (excluding a Telecommunication Structure). V [ Click to Return to Definitions Index ] Veterinary Clinic means a use for the medical treatment of animals and includes provision for their overnight accommodation within the building only, and may include associated office space. This does not include Pet Care Services or Kennels. W [ Click to Return to Definitions Index ] Warehousing and Distribution means a use where goods are stored inside a building and transferred to and from other locations. Warehousing and Distribution does not include any manufacturing, display or sales of the goods, but may include associated administrative functions. Waste Transfer Station means a use where solid waste materials are received from collection vehicles and consolidated into larger vehicles for transport to the landfill. Wholesale Outlet means a use where goods are sold for retail in larger quantities to other retailers or direct to consumers. Work Camp means a use where temporary living accommodation for employees involved in the construction of a commercial or industrial development is provided in a camp. This may include accommodation in the form of manufactured dwellings, park models, recreational vehicles, or tents. Worship Facility means a use for the purpose of spiritual worship. Examples may be, but are not limited to, churches, temples, mosques and synagogues. Wrecker and Salvage means a use: (a) where derelict vehicles are stored, dismantled or crushed; (b) where used motor vehicle parts may be sold; (c) where motor vehicles in their complete and operable state are not displayed or sold; (d) that may have equipment used for crushing, dismantling or moving motor vehicle parts; and (e) that may have a building for administrative functions associated with the use. X [ Click to Return to Definitions Index ] Empress Land Use Bylaw 2025-01 67 | P a g e Y [ Click to Return to Definitions Index ] yard means any open space on a parcel, unoccupied and unobstructed and is the distance between the property line to the foundation of the principal building or the exterior finishing materials of an Accessory Building. yard, exterior side means the area of a parcel extending from the front foundation of the principal building to the rear foundation of the principal building and between the side foundation of the principal building to the exterior side parcel line. yard, front means the area of a parcel extending across the full width of the parcel between the front parcel line and the front foundation of the principal building. yard, interior side means the area of a parcel extending from the front foundation of the principal building to the rear foundation of the principal building and between the side foundation of the principal building to the interior side parcel line. yard, rear means the area of a parcel extending across the full width of the parcel between the rear parcel line and the rear foundation of the principal building Z [ Click to Return to Definitions Index ] All other words and phrases mean the same as they do in the Act. Empress Land Use Bylaw 2025-01 68 | P a g e Part F - Land Use Districts Map 18 LAND USE DISTRICTS MAP Empress Land Use Bylaw 2025-01 68 | P a g e