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Land Use Bylaw No. 192-2019
March 2020
Consolidated to Bylaw No. 192-2024, June 2024
VILLAGE OF GLENWOOD
Prepared by
VILLAGE OF GLENWOOD
in the Province of Alberta
BYLAW NO. 192-2019
BEING a bylaw of the Village of Glenwood in the Province of Alberta, to adopt Bylaw No. 192-2019,
being the municipal Land Use Bylaw.
WHEREAS the Council of the Village wishes to adopt a new Land Use Bylaw to comply with the land use
provisions established in the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-
26, as amended;
AND WHEREAS the Land Use Bylaw provides for the regulation of the use and development of lands,
buildings and structures within the Village;
AND WHEREAS the purpose of the proposed bylaw is:
o
to incorporate the mandatory changes required for land use bylaws prescribed in the Municipal
Government Act;
o
to incorporate an expanded number of land use definitions;
o
to add additional schedules and appendices that will govern development in the municipality;
AND WHEREAS it is deemed expedient and appropriate for the Village of Glenwood to consider Bylaw
No. 192-2019 for the above-noted reasons;
NOW THEREFORE, under the authority and subject to the provisions of the Municipal Government Act,
Revised Statutes of Alberta 2000, Chapter M-26, as amended, the Council of the Village of Glenwood
duly assembled does hereby enact the following:
1.
Bylaw No. 218-2006 (Project No. 019-CE-5775A), being the former Land Use Bylaw, and any
amendments thereto are hereby rescinded.
2.
Bylaw No. 192-2019 shall come into effect upon third and final reading thereof.
3.
Bylaw No. 192-2019 is hereby adopted.
READ a first ti
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March
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Elected Official ·f
Chief Admd. o^Kmpbell
Village of Glenwood Land Use Bylaw No. 192-2019 Amendments - Page 1
Village of Glenwood Land Use Bylaw No. 192-2019 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
192-2024
Increase variance that may be issued by the
Development Officer from 10% to 25% to one
measurable standard.
Addition of policy regarding completeness of
subdivision applications.
Addition of list of permitted and discretionary
uses to each land use district from existing
Schedule 2 use Table to Schedule 1 Land Use
Districts, including addition and deletion of
specific uses from land use districts.
Remove Shipping Container, permanent from
specific land use districts.
Addition of definition for Tourist Home / Short
Term Rental, and Multi-purpose Dwellings to
Schedule 2, Section 3.
Addition of criteria for the development of
shipping containers, multi-purpose dwellings,
tourist homes / short term rentals, and
accessory structures.
Various administrative amendments to ensure
alignment of the Bylaw.
12-June-2024
Village of Glenwood Land Use Bylaw No. 192-2019
Page | i
TABLE OF CONTENTS
TABLE OF CONTENTS
ADMINISTRATION
Page
GENERAL
Section 1
Title .......................................................................................................................... 1
Section 2
Purpose ................................................................................................................... 1
Section 3
Effective Date .......................................................................................................... 1
Section 4
Repeal of Former Bylaw .......................................................................................... 1
Section 5
Severability .............................................................................................................. 1
Section 6
Compliance with the Land Use Bylaw ..................................................................... 1
Section 7
Compliance with Other Legislation ......................................................................... 2
Section 8
Rules of Interpretation ............................................................................................ 2
Section 9
Measurements and Standards ................................................................................ 2
Section 10
Forms, Fees and Notices ......................................................................................... 2
Section 11
Appendices .............................................................................................................. 3
APPROVING AUTHORITIES
Section 12
Development Authority .......................................................................................... 3
Section 13
Development Officer - Powers and Duties ............................................................. 3
Section 14
Municipal Planning Commission ............................................................................. 5
Section 15
Council ..................................................................................................................... 5
Section 16
Subdivision and Development Appeal Board (SDAB) .............................................. 5
DEVELOPMENT IN GENERAL
Section 17
Land Use Districts .................................................................................................... 5
Section 18
Suitability of Sites .................................................................................................... 6
Section 19
Number of Dwelling Units on a Parcel .................................................................... 7
Section 20
Non-Conforming Buildings and Uses ...................................................................... 7
Section 21
Development on Non-Conforming Sized Lots ......................................................... 7
Section 22
Non-Conforming Variances ..................................................................................... 7
Section 23
Development Agreements ...................................................................................... 7
DEVELOPMENT PERMIT RULES AND PROCEDURES
Section 24
Development Permit - When Required .................................................................. 8
Section 25
Development Not Requiring a Permit ..................................................................... 8
Section 26
Development Permit Application ............................................................................ 9
Section 27
Determination of Complete Development Permit Application .............................. 9
Section 28
Permitted Use Applications ................................................................................... 10
Section 29
Discretionary Use Applications ............................................................................. 12
ii | Page
Village of Glenwood Land Use Bylaw No. 192-2019
TABLE OF CONTENTS
Section 30
Similar Use ............................................................................................................. 12
Section 31
Temporary Use ...................................................................................................... 13
Section 32
Applications Requesting Variance of Bylaw Provisions ......................................... 14
Section 33
Notification of Adjacent Landowners and Persons
Likely Affected ....................................................................................................... 14
Section 34
Notice of Decision ................................................................................................. 15
Section 35
Commencement of Development ......................................................................... 15
Section 36
Development Permit Validity ................................................................................ 16
Section 37
Transferability of Development Permit ................................................................ 16
Section 38
Failure to Make a Decision - Deemed Refusal ...................................................... 17
Section 39
Reapplication for a Development Permit .............................................................. 17
Section 40
Suspension or Cancellation of a Permit ................................................................ 17
Section 41
Development Appeals ........................................................................................... 18
ENFORCEMENT
Section 42
Notice of Violation ................................................................................................ 18
Section 43
Stop Orders ........................................................................................................... 19
Section 44
Enforcement of Stop Orders ................................................................................. 19
Section 45
Penalties and Right of Entry .................................................................................. 19
AMENDMENTS
Section 46
Amendments to the Land Use Bylaw .................................................................... 20
Section 47
Land Use Redesignation Application Requirements ............................................. 20
Section 48
Redesignation Criteria ........................................................................................... 22
SUBDIVISION
Section 49
Application and Decision ....................................................................................... 22
Section 50
Lot Design .............................................................................................................. 24
RECREATIONAL VEHICLES
Section 51
Recreational Vehicle Requirements ....................................................................... 25
ADMINISTRATION DEFINITIONS
Section 52
Administration Definitions .................................................................................... 25
Schedule 1
LAND USE DISTRICTS
Section 1
Division of Municipality ......................................................................................... 37
Section 2
Intent of Land Use Districts ................................................................................... 37
Schedule 2
USE REGULATION
Section 1
Use Categories and Specific Uses .......................................................................... 41
Village of Glenwood Land Use Bylaw No. 192-2019
Page | iii
TABLE OF CONTENTS
Section 2
Use Table ............................................................................................................... 42
Section 3
Land Use Definitions ............................................................................................. 45
Schedule 3
DIMENSIONAL STANDARDS AND SETBACKS
Section 1
Dimensional Standards and Minimum Setbacks ................................................... 59
Section 2
Minimum Lot Size .................................................................................................. 59
Section 3
Minimum Setbacks ................................................................................................ 60
Section 4
Floor Area and Building Height ............................................................................. 62
Schedule 4
DEVELOPMENT NOT REQUIRING A PERMIT
Section 1
Development Not Requiring A Permit .................................................................. 63
Schedule 5
GENERAL DEVELOPMENT STANDARDS
Section 1
Statutory Plans ...................................................................................................... 65
Section 2
Approval of Access ................................................................................................ 65
Section 3
Design and Orientation of Buildings, Structures and Signs ................................... 65
Section 4
Development of Lands Subject to Subsidence, Undermining
or Flooding ............................................................................................................ 65
Section 5
Grading and Stormwater Management ................................................................ 65
Section 6
Shipping Containers .............................................................................................. 66
Section 7
Telecommunication Antenna Siting Protocols ...................................................... 67
Schedule 6
RESIDENTIAL DEVELOPMENT STANDARDS
Section 1
Accessory Buildings ............................................................................................... 69
Section 2
Apartments and Multi-Unit Dwellings .................................................................. 69
Section 3
Easements ............................................................................................................. 69
Section 4
Corner Visibility ..................................................................................................... 70
Section 5
Driveways, Off-Street Parking Requirements and Design Standards ................... 70
Section 6
Fences .................................................................................................................... 71
Section 7
Retaining Walls, Grading and Drainage ................................................................. 71
Section 8
Site Lighting ........................................................................................................... 71
Section 9
Refuse Collection and Storage .............................................................................. 71
Section 10
Servicing ................................................................................................................ 72
Section 11
Development and Servicing Agreements .............................................................. 72
Section 12
Private Swimming Pools ........................................................................................ 73
Section 13
Manufactured Homes ........................................................................................... 73
Section 14
Moved-in Buildings ................................................................................................ 74
Section 15
Multi-Purpose Dwelling ......................................................................................... 74
Section 16
Tourist Home / Short Term Rental ........................................................................ 75
iv | Page
Village of Glenwood Land Use Bylaw No. 192-2019
TABLE OF CONTENTS
Schedule 7
COMMERCIAL / INDUSTRIAL DEVELOPMENT STANDARDS
Section 1
Easements ............................................................................................................. 77
Section 2
Corner Visibility ..................................................................................................... 77
Section 3
Fencing .................................................................................................................. 77
Section 4
Retaining Walls, Grading and Drainage ................................................................. 78
Section 5
Outdoor Display and Storage ................................................................................ 78
Section 6
Mitigation of Impacts for Noise, Odors, Vibration, and Air Quality ...................... 78
Section 7
Accessory Buildings ............................................................................................... 79
Section 8
Moved-in Buildings ................................................................................................ 79
Section 9
Gas Bars, Service Stations and Bulk Fuel Stations ................................................. 80
Section 10
Horticulture or Greenhouses ................................................................................ 80
Schedule 8
ALTERNATIVE ENERGY
Section 1
Alternative Energy ................................................................................................. 81
Schedule 9
CANNABIS REGULATION
Section 1
Definitions ............................................................................................................. 83
Section 2
Cannabis Retail Store ............................................................................................ 83
Section 3
Cannabis Production Facility ................................................................................. 84
APPENDIX A
FORMS AND NOTICES
Form A
Application for Development Permit
Form B
Notice of Decision on Application for a Development Permit
Form C
Development Permit - Permitted
Development Permit - Discretionary
Form D
Notice of Municipal Planning Commission Meeting
Form E
Application for Time Extension
Form F
Stop Order
Form G
Application for a Land Use Bylaw Amendment
APPENDIX B
TELECOMMUNICATION ANTENNA SITING PROTOCOL EXCLUSION LIST
APPENDIX C
FEE SCHEDULE
APPENDIX D
LAND USE DISTRICTS MAP
ADMINISTRATION
ADMINISTRATION
Village of Glenwood Land Use Bylaw No. 192-2019
Page | 1
ADMINISTRATION
VILLAGE OF GLENWOOD
Land Use Bylaw No. 192-2019
ADMINISTRATION
GENERAL
SECTION 1
TITLE
1.1
This bylaw may be cited as the "Village of Glenwood Land Use Bylaw."
SECTION 2
PURPOSE
2.1
The purpose of this bylaw is to, amongst other things:
(a) divide the municipality into districts;
(b) prescribe and regulate the use(s) for each district;
(c) establish a method for making decisions on applications for development permits
and issuing development permits for a development; and
(d) provide the manner in which notice of the issuance of a development permit is to
be given.
SECTION 3
EFFECTIVE DATE
3.1
This bylaw shall come into effect upon third and final reading thereof.
SECTION 4
REPEAL OF FORMER BYLAW
4.1
Village of Glenwood Land Use Bylaw No. 218-2006 (Project No. 019-CE-5775A) and
amendments thereto are hereby repealed.
SECTION 5
SEVERABILITY
5.1
If any provision of this bylaw is held to be invalid by a decision of a court of competent
jurisdiction, that decision will not affect the validity of the remaining portions.
SECTION 6
COMPLIANCE WITH THE LAND USE BYLAW
6.1
No development, other than those designated in Schedule 4 of this bylaw (Development
Not Requiring a Permit), shall be undertaken within the Village unless a development
application has been approved and a development permit has been issued.
6.2
Notwithstanding subsection 6.1, while a development permit may not be required
pursuant to Schedule 4, development shall comply with all regulations of this bylaw.
2 | Page
Village of Glenwood Land Use Bylaw No. 192-2019
ADMINISTRATION
SECTION 7
COMPLIANCE WITH OTHER LEGISLATION
7.1
Compliance with the requirements of this bylaw does not exempt any person
undertaking a development from complying with all applicable municipal, provincial or
federal legislation, and respecting any easements, covenants, agreements or other
contracts affecting the land or the development.
SECTION 8
RULES OF INTERPRETATION
8.1
Unless otherwise required by the context, words used in the present tense include the
future tense; words used in the singular include the plural; and the word person
includes a corporation as well as an individual. The Interpretation Act, Chapter I-8, RSA
2000 as amended, shall be used in the interpretation of this bylaw. Words have the
same meaning whether they are capitalized or not.
8.2
The written regulations of this bylaw take precedence over any graphic or diagram if
there is a perceived conflict.
8.3
The Land Use Districts Map takes precedence over any graphic or diagram in the district
regulations if there is a perceived conflict.
8.4
All references to engineering requirements shall be prepared by an engineer registered
with The Association of Professional Engineers and Geoscientists of Alberta (APEGA).
SECTION 9
MEASURMENTS AND STANDARDS
9.1
All units of measure contained within this bylaw are metric (SI) standards. Imperial
measurements and conversions are provided for information only.
SECTION 10
FORMS, FEES AND NOTICES
10.1
For the purposes of administering the provisions of this bylaw, Council may authorize by
separate resolution or bylaw as may be applicable, the preparation and use of such fee
schedules, forms or notices as in its discretion it may deem necessary. Any such fee
schedules, forms or notices are deemed to have the full force and effect of this bylaw in
execution of the purpose for which they are designed, authorized and issued.
10.2
Information pertaining to forms, fees, and notices pertaining to this bylaw may also be
found on the official municipal website: https://www.glenwood.ca/.
10.3
Application forms and notices are included in Appendix A.
10.4
Application fees are found in the Village of Glenwood Rates, Fees and Charges Bylaw.
10.5
In any case, where the required fee is not listed in the current Rates, Fees and Charges
Bylaw, such fee shall be determined by the Development Officer or Municipal Planning
Commission and shall be consistent with those fees listed in the schedule for similar
developments.
Village of Glenwood Land Use Bylaw No. 192-2019
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ADMINISTRATION
10.6
If development is commenced without a valid development permit, a stop order will be
issued and an additional fee, in the amount prescribed under the fee schedule, shall be
payable upon application for the development permit.
10.7
Refund of application fees requires approval of the Village Council.
SECTION 11
APPENDICES
11.1
Appendices A through C attached hereto are for informational purposes only and may
be amended from time to time as they do not form part of the Village of Glenwood Land
Use Bylaw.
11.2
Appendix D forms part of the Village of Glenwood Land Use Bylaw.
APPROVING AUTHORITIES
SECTION 12
DEVELOPMENT AUTHORITY
12.1
The Development Authority is established in accordance with the current Village of
Glenwood Subdivision and Development Authority and Municipal Planning Commission
Bylaws.
12.2
In the absence of the Development Officer, the following are authorized to act in the
capacity of Development Officer:
(a) Municipal Planning Commission;
(b) Chief Administrative Officer; or
(c) a designate(s) in accordance with the Municipal Government Act (MGA).
12.4
The Development Officer is an authorized person in accordance with section 624 of the
Municipal Government Act.
12.5
The Development Authority shall perform such powers and duties as are specified:
(a) in the Village of Glenwood Municipal Planning Commission Bylaw;
(b) in this bylaw;
(c) in the Municipal Government Act;
(d) where applicable, by resolution of Council.
SECTION 13
DEVELOPMENT OFFICER - POWERS AND DUTIES
13.1
The office of the Development Officer is hereby established and such office shall be
filled by one or more persons as appointed by resolution of Council.
13.2
The Development Officer:
(a) shall receive and process all applications for development permits;
4 | Page
Village of Glenwood Land Use Bylaw No. 192-2019
ADMINISTRATION
(b) shall maintain for the inspection of the public during office hours, a copy of this
bylaw and all amendments thereto and ensure that copies of the same are
available for public purchase, as outlined in the current Rates, Fees and Charges
Bylaw.
(c) shall also establish and maintain a register in which shall be recorded the
application made for a development permit and the decision made on the
application, and contain any such other information as the Municipal Planning
Commission considers necessary;
(d) shall consider and decide on applications for a development permit for:
(i)
permitted uses that comply with this Land Use Bylaw;
(ii)
permitted uses that request one (1) variance of a measurable standard not to
exceed 25 percent;
(iii) permitted uses on existing registered lots where the Municipal Planning
Commission granted a variance(s) to the minimum lot width, length and/or
area requirements as part of a subdivision approval (see Section 16);
(iv) landscaping;
(v)
fences, walls or other types of enclosures; and
(vi) demolition;
(e) shall refer to the Municipal Planning Commission all development permit
applications for which decision making authority has not been assigned to the
Development Officer;
(f)
may refer any development application to the Municipal Planning Commission for a
decision and may refer any other planning or development matter to the Municipal
Planning Commission for its review, comment or advice;
(g) shall notify adjacent landowners and any persons who are likely to be affected by a
proposed development in accordance with Section 33 of this bylaw;
(h) shall receive, review, and refer any applications to amend this bylaw to Council;
(i)
shall issue the written notice of decision and/or development permit on all
development permit applications and any other notices, decisions or orders in
accordance with Section 34 of this bylaw;
(j)
may receive and consider and decide on requests for time extensions for
development permits which the Development Officer has approved and shall refer
to the Municipal Planning Commission those requests which the Municipal
Planning Commission has approved;
(k) shall provide a regular report to the Municipal Planning Commission summarizing
the applications made for a development permit and the decision made on the
applications, and any other information as the Municipal Planning Commission
considers necessary; and
(l)
shall perform any other powers and duties as are specified in this bylaw, the
Municipal Planning Commission Bylaw, the Municipal Government Act or by
resolution of Council.
Village of Glenwood Land Use Bylaw No. 192-2019
Page | 5
ADMINISTRATION
SECTION 14
MUNICIPAL PLANNING COMMISSION
14.1
The Municipal Planning Commission may exercise only such powers and duties as are
specified in the Municipal Government Act, the Municipal Planning Commission Bylaw,
this bylaw, or by resolution of Council.
14.2
The Municipal Planning Commission shall be responsible for:
(a) considering and deciding upon development permit applications referred to it by
the Development Officer;
(b) providing recommendations on planning and development matters referred to it by
the Development Officer or Council;
(c) considering and deciding upon requests for time extensions on development
permit applications referred to it by the Development Officer;
(d) considering and deciding upon applications for subdivision approval;
(e) processing condominium certificates; and
(f)
time extensions for subdivision;
(g) any other powers and duties as are specified in this bylaw, the Municipal Planning
Commission Bylaw, the Municipal Government Act or by resolution of Council.
SECTION 15
COUNCIL
15.1
Council may be responsible for considering and deciding upon requests for time
extensions on subdivision approvals in accordance with section 657 of the Municipal
Government Act.
SECTION 16
SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)
16.1
The Subdivision and Development Appeal Board (SDAB) is established by separate bylaw
pursuant to the Municipal Government Act, and may exercise such powers and duties as
are specified in this bylaw, the MGA and the Subdivision and Development Appeal Board
Bylaw.
DEVELOPMENT IN GENERAL
SECTION 17
LAND USE DISTRICTS
17.1
The Village of Glenwood is divided into those land use districts shown in Schedule 1 on
the Land Use Districts Map.
17.2
The one or more uses of land or buildings that are:
(a) permitted uses in each district, with or without conditions; and/or
(b) discretionary uses in each district, with or without conditions;
described in Schedule 2 - Use Table 2.2.1.
6 | Page
Village of Glenwood Land Use Bylaw No. 192-2019
ADMINISTRATION
17.3
A land use that is not listed as a permitted or discretionary use but which is reasonably
similar in character and purpose to a permitted or discretionary use in that district may
be deemed a similar use by the Development Authority in accordance with Section 30
Similar Use.
17.4
A land use not listed as a permitted or discretionary use or not deemed a similar use, in
a district is a prohibited use and shall be refused.
SECTION 18
SUITABILITY OF SITES
18.1
Notwithstanding that a use of land may be permitted or discretionary or considered
similar in nature to a permitted or discretionary use in a land use district, the
Development Authority, as applicable, may refuse to approve a subdivision or issue a
development permit if the Development Authority is made aware of or if in their
opinion, the site of the proposed building or use is not safe or suitable based on the
following:
(a) does not have safe legal and physical access to a maintained road in accordance
with the Land Use Bylaw, other municipal requirements or those of Alberta
Transportation if within 300 m (984 ft) of a provincial highway or 800 m (2,625 ft)
from the centre point of an intersection of a controlled highway and a public road;
(b) has a high water table or soil conditions which make the site unsuitable for
foundations and/or sewage disposal systems in accordance with the provincial
regulations;
(c) is situated on an unstable slope;
(d) consists of unconsolidated material unsuitable for building;
(e) does not comply with the requirements of the Provincial Land Use Policies,
Regional Plan, Subdivision and Development Regulation or any other applicable
Statutory Plans;
(f)
is situated over an active or abandoned coal mine or oil or gas well or pipeline;
(g) is unsafe due to contamination by previous land uses;
(h) does not meet the minimum setback requirements from a sour gas well or bulk
ammonia storage facility;
(i)
does not have adequate water and sewer provisions;
(j)
does not meet the lot size and/or setback requirements or any other applicable
standards or requirements of the Village of Glenwood Land Use Bylaw;
(k) is subject to any easement, caveat, restrictive covenant or other registered
encumbrance which makes it impossible to build on the site.
18.2
Nothing in this section shall prevent the Development Officer or Municipal Planning
Commission, as applicable, from issuing a development permit if satisfied that there is
no risk to persons or property or that these concerns will be met by appropriate
engineering measures or other mitigating measures and approvals from provincial
and/or federal agencies have been obtained, as applicable.
Village of Glenwood Land Use Bylaw No. 192-2019
Page | 7
ADMINISTRATION
SECTION 19
NUMBER OF DWELLING UNITS ON A PARCEL
19.1
No more than one dwelling unit shall be constructed or located or caused to be
constructed or located on a parcel except as provided for in the land use district for
which the application is made (e.g. duplex dwellings, multi-unit dwellings, manufactured
home park, secondary suite, as permitted in the applicable land use district).
19.2
Two or more dwellings are discretionary.
SECTION 20
NON-CONFORMING BUILDINGS AND USES
20.1
A non-conforming building or use may only be continued in accordance with the
conditions detailed in section 643 of the Municipal Government Act.
SECTION 21
DEVELOPMENT ON NON-CONFORMING SIZED LOTS
21.1
Development on an existing registered non-conforming sized lot that does not meet the
minimum requirements for lot length, width or area specified in the applicable land use
district in Schedule 2 may be permitted at the discretion of the Municipal Planning
Commission.
21.2
The Development Officer is authorized to permit development on existing registered
non-conforming sized lots for permitted uses where the Municipal Planning Commission
issued a variance(s) to the minimum requirements for lot length, width and/or area as
part of a subdivision approval.
SECTION 22
NON-CONFORMING VARIANCES
22.1
The Municipal Planning Commission is authorized to exercise minor variance powers
with respect to non-conforming buildings pursuant to section 643(5)(c) of the Municipal
Government Act.
SECTION 23
DEVELOPMENT AGREEMENTS
23.1
The Municipal Planning Commission may require, with respect to a development, as a
condition of issuing a development permit, the applicant enter into an agreement with
the municipality, pursuant to section 650(1) of the Municipal Government Act, to do any
or all of the following:
(a) to construct or pay for the construction of a road required to give access to the
development: including culverts and other drainage;
(b) to install or pay for the installation of public utilities, that are necessary to serve the
development;
(c) to construct or pay for the construction of off-street, or other parking facilities
and/or loading and unloading facilities;
(d) to pay an off-site levy or redevelopment levy;
(e) to give security to ensure that the terms of the agreement under this section are
carried out.
8 | Page
Village of Glenwood Land Use Bylaw No. 192-2019
ADMINISTRATION
23.2
The Municipal Planning Commission may require, with respect to a subdivision that as a
condition of issuing an approval for a subdivision, the applicant enter into an agreement
with the municipality, pursuant to section 655(1)(b) of the Municipal Government Act.
23.3
An agreement referred to in this section may require the applicant for a development
permit or subdivision approval to oversize improvements in accordance with section
651 of the Municipal Government Act.
23.4
A municipality may register a caveat under the Land Titles Act with respect to an
agreement under this section against the certificate of title for the land that is the
subject of the development, or for the parcel of land that is the subject of the
subdivision.
23.5
If a municipality registers a caveat under this section, the municipality must discharge
the caveat when the agreement has been complied with.
23.6
As a condition of subdivision approval, all development agreements may be registered
concurrently by caveat onto individual lots being created.
DEVELOPMENT PERMIT RULES AND PROCEDURES
SECTION 24
DEVELOPMENT PERMIT - WHEN REQUIRED
24.1
Except as otherwise provided for in Schedule 4 (Development Not Requiring a Permit),
all development shall be required to obtain a development permit.
24.2
In addition to meeting the requirements of this bylaw, it is the responsibility of the
applicant to ascertain, obtain and comply with all other approvals and licenses that may
be required by other federal, provincial or municipal regulatory departments or
agencies.
SECTION 25
DEVELOPMENT NOT REQUIRING A PERMIT
25.1
This section does not negate the requirement of obtaining all required permits, as
applicable, under the Safety Codes Act and any other Provincial or Federal statute.
Applicants shall provide copies of the required permits to the municipality.
25.2
This section does not negate the requirement of obtaining a business license where
required.
25.3
Developments not requiring a permit are listed in Schedule 4.
25.4
If there is a question as to whether a development permit is required for a particular
use, the matter shall be referred to the Municipal Planning Commission for a
determination.
Village of Glenwood Land Use Bylaw No. 192-2019
Page | 9
ADMINISTRATION
SECTION 26
DEVELOPMENT PERMIT APPLICATION
26.1
An application for a development permit shall be made to the Development Officer by
submitting:
(a) a completed development permit application, signed by the registered owner or
authorized by the owner pursuant to subsection 26.2;
(b) the prescribed fee, as set by Council in the Village of Glenwood Rates, Fees and
Charges Bylaw;
(c) a description of the existing and proposed use of the land, building(s) and/or
structures and whether it is a new development, an alteration/addition, relocation
or change of use and whether the use is temporary in nature;
(d) a site plan acceptable to the Development Officer indicating:
(i)
the location of all existing and proposed buildings and structures and
registered easements or rights-of-way, dimensioned to property lines and
drawn to a satisfactory scale;
(ii)
existing and proposed parking and loading areas, driveways, abutting streets,
avenues and lanes, and surface drainage patterns;
(iii) where applicable, the location of existing wells, septic tanks, disposal fields,
culverts and crossings;
(iv) any additional information as may be stipulated in the standards of
development;
(v)
any such other information as may be required by the Development Officer or
Municipal Planning Commission to evaluate an application including but not
limited to: conceptual design schemes, landscaping plans, building plans,
drainage plans, servicing and infrastructure plans, soil analysis, geotechnical
reports and/or other reports regarding site suitability, Real Property Report,
or a surveyors sketch.
26.2
An application for a development permit must be made by the registered owner of the
land on which the development is proposed. An application may be made by a person
who is not the registered owner of the land only with written consent of the owner. The
Development Officer may request a current title documenting ownership and copies of
any registered encumbrance, lien or interest registered on title.
SECTION 27
DETERMINATION OF COMPLETE DEVELOPMENT PERMIT APPLICATION
27.1
Where the Development Officer or Municipal Planning Commission finds that a
development or use of land or buildings is not in accordance with the Municipal
Government Act, the Subdivision and Development Regulation, a development permit
or subdivision approval, or this bylaw, the Development Officer may issue a notice of
violation to the registered owner or the person in possession of the land or buildings or
to the person responsible for the contravention.
27.2
A Development Officer shall, within 20 days after the receipt of an application,
determine whether the application is complete.
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27.3
An application is complete if, in the opinion of the Development Officer, the application
contains the documents and other information necessary to review the application.
27.4
The time period referred to in subsection 27.1 may be extended by an agreement in
writing between the applicant and the Development Officer.
27.5
If the Development Officer does not make a determination referred to in subsection
27.1 within the time required under subsection 27.1, the application is deemed to be
complete.
27.6
If a Development Officer determines that the application is complete, the Development
Officer shall issue to the applicant a written Notice of Completeness acknowledging that
the application is complete, delivered by hand, mail or electronic means.
27.7
If the Development Officer determines that the application is incomplete, the
Development Officer shall issue to the applicant a written notice indicating that the
application is incomplete and specifying the outstanding documents and information to
be provided. A submittal deadline for the outstanding documents and information shall
be set out in the notice. A later date may be agreed on between the applicant and the
Development Officer in writing to extend the deadline.
27.8
When the Development Officer determines that the information and documents
required to be submitted under subsection 26.1 are complete, the Development Officer
shall issue to the applicant a written Notice of Completeness acknowledging that the
application is complete, delivered by hand, mail or electronic means.
27.9
If the required documents and information under subsection 26.1 have not been
submitted to the Development Officer within the timeframe prescribed in the notice
issued under subsection 27.8, the Development Officer shall return the application to
the applicant accompanied by a written Notice of Refusal stating the application is
deemed refused and the reasons for refusal.
27.10 Despite issuance of a Notice of Completeness under subsection 27.8, the Development
Officer in the course of reviewing the application may request additional information or
documentation from the applicant that the Development Officer considers necessary to
review the application.
27.11 The Development Officer or the Municipal Planning Commission may refuse to accept a
development permit application where the information required by subsection 26.1
(Development Permit Application) is incomplete or where, in its opinion, the quality of
the material supplied is inadequate to properly evaluate the application.
SECTION 28
PERMITTED USE APPLICATIONS
28.1
Upon receipt of a completed application for a development permit for a permitted use
that conforms with this bylaw, the Development Officer:
(a) shall approve a development permit with or without conditions; or
(b) may refer the application to the Municipal Planning Commission for a decision.
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28.2
Upon receipt of a completed application for a permitted use that requests a limited
variance not to exceed 10 percent of one measurable standard of this bylaw, the
Development Officer:
(a) may grant the limited variance not to exceed 10 percent of one measurable
standard of this bylaw and approve the development permit with or without
conditions if, in the opinion of the Development Officer, the variance would not
unduly interfere with the amenities of the neighbourhood or materially interfere
with or affect the use, enjoyment or value of neighbouring parcels of land; or
(b) may refer the development application involving a request for a limited variance
not to exceed 10 percent of one measurable standard of this bylaw to the
Municipal Planning Commission for a decision;
(c) is required to notify adjacent landowners or persons likely to be affected prior to
issuance of a decision on a development permit granting a limited variance under
this section.
28.3
Upon receipt of a completed application for a permitted use that requests more than
one limited variance, a variance(s) exceeding 10 percent of any measurable standard of
this bylaw, or a variance of any other bylaw provision the Development Officer shall
refer the application to the Municipal Planning Commission for a decision pursuant to
Section 32 (Applications Requesting Variance of Bylaw Provisions).
28.4
The Development Officer or the Municipal Planning Commission may place any of the
following conditions on a development permit for a permitted use:
(a) requirement for applicant to enter into a development agreement;
(b) payment of any applicable off-site levy or redevelopment levy;
(c) geotechnical investigation to ensure that the site is suitable in terms of topography,
soil characteristics, flooding, subsidence, mass wasting and erosion;
(d) alteration of a structure or building size or location to ensure any setback
requirements of this Land Use Bylaw or the Subdivision and Development
Regulation can be met;
(e) any measures to ensure compliance with the requirements of this Land Use Bylaw
or any other statutory plan adopted by the Village of Glenwood;
(f)
easements and/or encroachment agreements;
(g) provision of public utilities, other than telecommunications systems or works, and
vehicular and pedestrian access;
(h) repairs or reinstatement of original condition of any street furniture, curbing,
sidewalk, boulevard landscaping and tree planting which may be damaged or
destroyed or otherwise altered by development or building operations upon the
site, to the satisfaction of the Development Officer or the Municipal Planning
Commission;
(i)
to give security to ensure the terms of the permit approval under this section are
carried out; as outlined in the Rate, Fees and Charges Bylaw;
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(j)
time periods stipulating completion of development;
(k) requirement for a lot and/or construction stakeout conducted by an approved
surveyor or agent;
(l)
any measures to ensure compliance with applicable federal, provincial and/or other
municipal legislation and approvals.
SECTION 29
DISCRETIONARY USE APPLICATIONS
29.1
Upon receipt of a completed application for a development permit for a discretionary
use or a permitted use that requests more than one variance, a variance(s) exceeding 10
percent of any measurable standard of this bylaw, or a variance of any other bylaw
provision, the Development Officer shall:
(a) refer the application to the Municipal Planning Commission for a decision pursuant
to Section 32 (Applications Requesting Variance of Bylaw Provisions);
(b) notify adjacent landowners and other persons likely to be affected in accordance
with Section 33 (Notification of Adjacent Landowners and Persons Likely Affected).
29.2
After consideration of any response to the notifications of adjacent landowners and
other persons likely to be affected, including Cardston County, government
departments and referral agencies as applicable, compatibility and suitability of the
proposed use, and any other matters, the Municipal Planning Commission may:
(a) approve a development permit with or without conditions; or
(b) refuse to approve the development permit, stating reasons.
29.3
The Municipal Planning Commission may place any of the conditions stipulated in
subsection 28.4 (Permitted Use Applications) on a development permit for a
discretionary use in any land use district, in addition to any other conditions necessary
to ensure the quality, suitability and compatibility of a development with other existing
and approved uses in the area.
SECTION 30
SIMILAR USE
30.1
Upon receipt of an application for a development permit for a use that is not specifically
listed in any land use district, but which may be similar in character and purpose to
other uses of land and structures in the land use district in which such use is proposed,
the Development Officer may classify the use as either similar to a permitted use or
similar to a discretionary use.
30.2
Where a use has been classified similar to a permitted use, the Development Officer
may process the application accordingly as a permitted use or refer the application to
the Municipal Planning Commission for a decision. The notice of the decision shall be
subject to subsection 34.2.
30.3
Where a use has been classified similar to a permitted use and requests more than one
limited variance, a variance(s) exceeding 10 percent of any measurable standard of this
bylaw, or a variance of any other bylaw provision, the Development Officer shall:
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(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected in accordance
with Section 33 (Notification of Adjacent Landowners and Persons Likely Affected).
30.4
Where a use has been classified similar to a discretionary use the Development Officer
shall:
(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected in accordance
with Section 33 (Notification of Adjacent Landowners and Persons Likely Affected).
30.5
Upon referral of an application by the Development Officer for a use that may be similar
in character and purpose to a permitted or discretionary use, the Municipal Planning
Commission:
(a) shall rule whether or not the proposed use is similar to a use in the land use district
in which it is proposed;
(b) if the proposed use is deemed similar to a use in the land use district in which it is
proposed, the application shall be reviewed as a discretionary use application;
(c) if the proposed use is not deemed similar to a use in the land use district in which it
is proposed, the development permit shall be refused.
SECTION 31
TEMPORARY USE
31.1
Where in the opinion of the Municipal Planning Commission, a proposed use is of a
temporary nature, or is of a nature that it should be subject to a limited term approval,
it may approve a temporary development permit valid for a period of up to one year for
a use, provided the use is listed as a discretionary use or deemed similar to a
discretionary use in the applicable land use district.
31.2
Where this bylaw specifically establishes a use as being one of temporary nature the use
shall be subject to the development standards established specifically for that use.
31.3
Temporary use applications shall be subject to the following conditions:
(a) the applicant or developer is liable for any costs involved in the cessation or
removal of any development at the expiration of the permitted period;
(b) the Municipal Planning Commission may require the applicant to submit an
irrevocable letter of credit, performance bond or other acceptable form of security
guaranteeing the cessation or removal of the temporary use; and
(c) any other conditions as deemed necessary.
31.4
A use deemed temporary in nature or subject to a limited term approval shall be
processed in accordance with the corresponding Sections 29-32 of this bylaw.
Notification of adjacent landowners and other persons likely to be affected, including
Cardston County, government departments and referral agencies shall be in accordance
with Section 33 of this bylaw.
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SECTION 32
APPLICATIONS REQUESTING VARIANCE OF BYLAW PROVISIONS
32.1
Upon receipt of an application for a development permit that does not comply with this
bylaw but in respect of which the Municipal Planning Commission is requested to
exercise discretion under subsection 32.3, the Development Officer shall:
(a) refer the application to the Municipal Planning Commission for a decision; and
(b) notify adjacent landowners and other persons likely to be affected, including
Cardston County, government departments and any other referral agency in
accordance with Section 33.
32.2
The Municipal Planning Commission is authorized to decide upon an application for a
development permit notwithstanding that the proposed development does not comply
with this bylaw, if in the opinion of the Municipal Planning Commission, the proposed
development would not:
(a) unduly interfere with the amenities of the neighbourhood; or
(b) materially interfere with or affect the use, enjoyment or value of neighbouring
properties;
(c) and the proposed development conforms with the use prescribed for that land or
building within Schedule 2 - Use Regulation.
32.3
Notify all who originally showed concern.
SECTION 33
NOTIFICATION OF ADJACENT LANDOWNERS AND PERSONS LIKELY AFFECTED
33.1
Where notification of adjacent landowners and other persons likely to be affected is
required under Sections 29 to 32, and 49, the Development Officer shall:
(a) mail (postal service or electronic) written notice of the application at least ten (10)
days before the meeting of the Municipal Planning Commission to:
(i)
adjacent landowners and other persons likely to be affected by the issuance
of a development permit;
(ii)
Cardston County if, in the opinion of the Development Officer or the
Municipal Planning Commission, the proposed development could have an
impact upon land uses in the County or is adjacent to the County boundary;
and
(iii) any other persons, government departments or referral agency that is
deemed to be affected; or
(b) hand deliver written notice of the application at least five (5) days before the
meeting of the Municipal Planning Commission to the persons and agencies
specified in subsection 33.1(a); or
(c) publish a notice of the application in a newspaper circulating in the municipality or
the Village newsletter at least ten (10) days before the meeting of the Municipal
Planning Commission to the persons and agencies specified in subsection 33.1(a);
or
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(d) post a notice of the application in a conspicuous place on the property at least five
(5) days before the meeting of the Municipal Planning Commission to the persons
and agencies specified in subsection 33.1(a); or
(e) any combination of the above.
33.2
In all cases, notification shall:
(a) describe the nature and location of the proposed use or development;
(b) state the place and time where the Municipal Planning Commission will meet to
consider the application, and state how and when written or oral submissions on
the application will be received and considered;
(c) specify the location at which the application can be inspected.
SECTION 34
NOTICE OF DECISION
34.1
A decision of the Development Authority on an application for a development permit
must be issued:
(a) in writing to the applicant in accordance with subsection 34.2; and
(b) a copy of the decision posted in a prominent place in the Village office for 21 days
or posted in a newspaper circulated within the municipality or published on the
official municipal website; and/or
(c) a copy of the decision sent by mail (postal service or electronic mail to those
originally notified of the development permit application and any other person,
government department or agency that may in the opinion of the Development
Officer, likely be affected.
34.2
The Development Officer will give or send by mail (postal service or electronic mail) a
copy of the decision, which specifies the date on which the decision was made, to the
applicant on the same day the decision is made.
34.3
For the purpose of subsection 34.2, the "date on which the decision was made" means:
(a) the date the Development Officer signed the notice of decision or development
permit; or
(b) the date the decision is posted in the newspaper, whichever occurs later.
SECTION 35
COMMENCEMENT OF DEVELOPMENT
35.1
Despite the issuance of a development permit, no development is authorized to
commence until the appeal period has expired in compliance with the following:
Permitted Uses
(a) where the notice of decision is posted in the Village Office, development shall not
commence until 21 days after the date on which the written decision is given under
section 642 of the Municipal Government Act;
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Discretionary Uses or Applications for Waivers
(b) where the notice of decision is mailed to adjacent landowners and other persons
likely to be affected, development shall not commence until at least 21 days after
the date on which the written decision is given under section 642 of the Municipal
Government Act;
(c) where the notice of decision is published in the newspaper, development shall not
commence until at least 21 days from the date of publication.
35.2
If an appeal is made, no development is authorized pending the outcome of the appeal.
35.3
Any development occurring prior to the dates determined under subsection 35.1 and
35.2 is at the risk of the applicant.
SECTION 36
DEVELOPMENT PERMIT VALIDITY
36.1
Unless a development permit is suspended or cancelled, the development must be
commenced and carried out with reasonable diligence in the opinion of the
Development Officer or the Municipal Planning Commission within 12 months from the
date of issuance of the permit, otherwise the permit is no longer valid.
36.2
An application to extend the validity of a development permit may be made at any time
prior to the expiration of the approved permit in accordance with subsection 36.3,
except for a permit for a temporary use which shall not be extended.
36.3
Upon receipt of a request to extend the validity of a development permit, the validity of
a development permit may be extended for up to a period of one year by:
(a) the Development Officer or the Municipal Planning Commission if the permit was
issued by the Development Officer;
(b) the Municipal Planning Commission if the permit was issued by the Municipal
Planning Commission or approved on appeal by the Subdivision and Development
Appeal Board.
36.4
When any use has been discontinued for a period of 12 months or more, any
development permit that may have been issued is no longer valid and said use may not
be recommenced until a new application for a development permit has been made and
a new development permit issued. This time period does not apply to non-conforming
uses which are regulated under section 643 of the Municipal Government Act.
SECTION 37
TRANSFERABILITY OF DEVELOPMENT PERMIT
37.1
A valid development permit is transferable where the use remains unchanged and the
development is affected only by a change of ownership, tenancy, or occupancy.
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SECTION 38
FAILURE TO MAKE A DECISION - DEEMED REFUSAL
38.1
In accordance with section 684 of the Municipal Government Act, an application for a
development permit shall, at the option of the applicant, be deemed to be refused
when the decision of the Development Officer or the Municipal Planning Commission, as
the case may be, is not made within 40 days of receipt of the completed application
unless the applicant has entered into an agreement with the Development Officer or the
Municipal Planning Commission to extend the 40-day decision period.
SECTION 39
REAPPLICATION FOR A DEVELOPMENT PERMIT
39.1
If an application for a development permit is refused by the Development Officer, the
Municipal Planning Commission or, on appeal the Subdivision and Development Appeal
Board, the submission of another application for a development permit on the same
parcel of land for the same or for a similar use of the land may not be accepted by the
Development Officer for at least six months after the date of refusal.
39.2
If an application was refused solely because it did not comply with the standards of this
bylaw, the Development Officer may accept another application on the same parcel of
land for the same or similar use before the time period referred to in subsection 40.1
has lapsed, provided the application has been modified to comply with this bylaw.
SECTION 40
SUSPENSION OR CANCELLATION OF A PERMIT
40.1
If after a development permit has been issued, the Development Officer or the
Municipal Planning Commission determines that:
(a) the application contained a misrepresentation;
(b) facts were not disclosed which should have been at the time of consideration of
the application for the development permit;
(c) the development permit was issued in error; or
(d) the applicant withdrew the application by way of written notice;
the Development Officer or the Municipal Planning Commission may suspend or cancel
the development permit by notice in writing to the holder of it stating the reasons for
any suspension or cancellation.
40.2
Upon receipt of the written notification of suspension or cancellation, the applicant
must cease all development and activities to which the development permit relates.
40.3
A person whose development permit is suspended or cancelled under this section may
appeal to the Subdivision and Development Appeal Board within 21 days after written
notice is provided in respect of the suspension or cancellation.
40.4
If a development permit is suspended or cancelled, the Subdivision and Development
Appeal Board shall review the application if an appeal is filed by the applicant and
either:
(a) reinstate the development permit; or
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(b) cancel the development permit if the Development Officer or the Municipal
Planning Commission would not have issued the development permit if the facts
subsequently disclosed had been known during the consideration of the
application; or
(c) reinstate the development permit and may impose such other conditions as are
considered necessary to ensure that the development is compliant with this bylaw
or any statutory plan.
40.5
The applicant or developer is liable for any costs involved in the cessation or removal of
any development when development permit is canceled or suspended.
SECTION 41
DEVELOPMENT APPEALS
41.1
Any person applying for a development permit or any other person affected by an
order, decision or development permit made or issued by the Development Officer or
the Municipal Planning Commission may appeal such an order or decision to the
Subdivision and Development Appeal Board within 21 days after the date written notice
is provided in accordance with the procedures described in section 678.2 of the
Municipal Government Act.
41.2
An appeal to the Subdivision and Development Appeal Board shall be commenced by
serving a written notice of the appeal with reasons to the Subdivision and Development
Appeal Board and shall be accompanied by the applicable fees.
41.3
The applicant or developer is liable for any costs involved in the cessation or removal of
any development when the appeal is denied.
ENFORCEMENT
SECTION 42
NOTICE OF VIOLATION
42.1
Where the Development Officer or Municipal Planning Commission finds that a
development or use of land or buildings is not in accordance with the Municipal
Government Act, the Subdivision and Development Regulation, a development permit
or subdivision approval, or this bylaw, the Development Officer may issue a notice of
violation to the registered owner or the person in possession of the land or buildings or
to the person responsible for the contravention.
42.2
Such notice shall state the following:
(a) nature of the violation;
(b) corrective measures required to comply; and
(c) time period within which such corrective measures must be performed.
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SECTION 43
STOP ORDERS
43.1
As set forth in the Municipal Government Act, the Municipal Planning Commission is
authorized to issue an Order under section 645 of the MGA if a development, land use
or use of a building is not in accordance with the MGA, the Subdivision and
Development Regulation, a development permit or subdivision approval, or this bylaw.
43.2
A person who receives notice pursuant to subsection 43.1 may appeal the order to the
Subdivision and Development Appeal Board within 21 days in accordance with section
686 of the MGA.
SECTION 44
ENFORCEMENT OF STOP ORDERS
44.1
Pursuant to the Municipal Government Act section 645, if a person fails or refuses to
comply with an order directed to the person under section 645, or an order of a
subdivision and development appeal board under section 687, the designated officer
may, in accordance with section 542, enter on the land or building and take any action
necessary to carry out the order.
44.2
The Development Officer may register a caveat under the Land Titles Act in respect of an
order referred to in subsection 44.1 against the certificate of title for the land that is the
subject of an order.
44.3
If a caveat is registered under subsection 44.2, the Development Officer must discharge
the caveat when the order has been complied with.
44.4
If compliance with a stop order is not voluntarily effected, the Development Officer may
undertake legal action, including but not limited to, seeking injunctive relief from the
Alberta Court of Queen's Bench pursuant to section 554 of the Municipal Government
Act. In accordance with section 553 of the MGA, the expenses and costs of carrying out
an order under section 646 of the MGA may be added to the tax roll of the parcel of
land.
SECTION 45
PENALTIES AND RIGHT OF ENTRY
45.1
Any person who contravenes any provision of this bylaw is guilty of an offence in
accordance with Part 13, Division 5, Offences and Penalties of the Municipal
Government Act and is liable to a fine of not more than $10,000 or to imprisonment for
not more than one year or to both fine and imprisonment.
45.2
In accordance with section 542 of the Municipal Government Act, a designated officer
may, after giving reasonable notice to and obtaining consent from the owner or
occupier of land upon which this bylaw or MGA authorizes anything to be inspected,
remedied or enforced or done by a municipality:
(a) enter on that land at a reasonable time and carry out inspection, enforcement, or
action authorized or required by the enactment or bylaw;
(b) request anything to be produced to assist in the inspection, remedy, enforcement
or action; and
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(c) make copies of anything related to the inspection, remedy, enforcement or action.
45.3
If a person refuses to grant consent or refuses to produce anything to assist in the
inspection, remedy, enforcement or action referred to in section 542 of the Municipal
Government Act, the municipality under the authority of section 543 of the MGA may
obtain a court order.
AMENDMENTS
SECTION 46
AMENDMENTS TO THE LAND USE BYLAW
46.1
Any person or the Village may initiate amendments to the Village of Glenwood Land Use
Bylaw by submitting an application to the Development Officer.
46.2
All applications for amendment shall be submitted using the applicable form in
Appendix A, and be accompanied by any additional information, as deemed necessary
by the Development Officer to process the application.
46.3
The Development Officer may refuse to accept an application if the information
supplied is not sufficient to make a proper evaluation of the proposed amendment.
46.4
Council or the Development Officer may refer the application to the Municipal Planning
Commission for their recommendation.
46.5
The Development Officer shall forward an application to Council for consideration when
satisfied that sufficient information has been provided with the application.
46.6
Public hearing and notification requirements shall be in accordance with section 692 of
the Municipal Government Act.
46.7
Where an application for an amendment to the Village of Glenwood Land Use Bylaw has
been refused by Council, another application that is the same or similar in nature shall
not be accepted until at least 12 months after the date of refusal.
46.8
Where an application has been significantly changed, Village Council may accept an
application prior to the end of the 12-month period specified in subsection 46.7.
SECTION 47
LAND USE REDESIGNATION APPLICATION REQUIREMENTS
47.1
A request for redesignation from one land use district to another shall be accompanied
by:
(a) a completed application form and the applicable fee;
(b) a copy of the Certificate of Title for the lands, dated not more than 60 days prior to
the date on which the application was made;
(c) a narrative describing the:
(i)
proposed designation and future use(s);
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(ii)
consistency with the applicable statutory plans;
(iii) compatibility of the proposal with surrounding uses and zoning; development
potential/suitability of the site, including identification of any constraints
and/or hazard areas (e.g. easements, soil conditions, topography, drainage,
floodplain, steep slopes, etc.);
(iv) availability of facilities and services (sewage disposal, domestic water, gas,
electricity, fire and police protection, schools, etc.) to serve the subject
property while maintaining adequate levels of service to existing
development;
(v)
any potential impacts on public roads; and
(vi) any other information deemed necessary by the Development Officer,
Municipal Planning Commission, or Council to properly evaluate the proposal;
(d) conceptual lot design, if applicable;
(e) a geotechnical report as deemed necessary by the Development Officer, Municipal
Planning Commission, or Council addressing the following but not limited to:
(i)
slope stability,
(ii)
groundwater,
(iii) sewage,
(iv) water table, and
(v)
flood plain analysis,
(vi) an evaluation of surface drainage which may include adjacent properties; and
(f)
any other information deemed necessary by the Development Officer, Municipal
Planning Commission, or Council to properly evaluate the application.
47.2
An Area Structure Plan or Conceptual Design Scheme shall be required in conjunction
with a redesignation application when redesignating annexed land to a district, except
where an approved Area Structure Plan or Conceptual Design Scheme defines land use
designation(s) for the proposed development area, or unless determined otherwise by
Council.
47.3
An Area Structure Plan or Conceptual Design Scheme shall be required in conjunction
with a redesignation application involving:
(a) industrial development;
(b) large-scale commercial development;
(c) manufactured home park;
(d) multi-lot residential development resulting in the creation of more than five lots or
which has the potential to trigger capacity upgrades or expansion of infrastructure;
or
(e) as required by Council.
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SECTION 48
REDESIGNATION CRITERIA
48.1
When redesignating land from one land use district to another, considerations shall
include the following:
(a) compliance with applicable standards and provisions of the Village of Glenwood
Land Use Bylaw;
(b) consistency with any adopted statutory plans;
(c) compatibility with adjacent uses;
(d) development potential/suitability of the site;
(e) availability of facilities and services (sewage disposal, domestic water, gas,
electricity, police and fire protection, schools, etc.) to serve the subject property
and any potential impacts to levels of service to existing and future developments;
(f)
cumulative impact to the Village;
(g) potential impacts on public roads;
(h) setback distances contained in the Subdivision and Development Regulation;
(i)
supply of suitably designated land;
(j)
public comment and any applicable review agency comments; and
(k) any other matters deemed pertinent.
(l)
Public notice shall be issued as stated in subsection 33.1.
SUBDIVISION
SECTION 49
APPLICATION AND DECISION
49.1
An applicant applying for subdivision shall provide the required material and
information as requested by the Subdivision Authority or its designate. A complete
application shall consist of:
(a) an official application, in the manner and form prescribed, clearly and legibly
completed with all the required information and signatures provided as requested
on the form; and
(b) the applicable fees paid; and
(c) an up-to-date and current copy of the Certificate of Title to the subject land; and
(d) a surveyor's sketch or tentative subdivision plan with dimensions, structures,
location of private sewage disposal system, professionally prepared; and
(e) provincial abandoned gas well information; and
(f)
any such other information as may be required at the discretion of the Subdivision
Authority in order to accurately evaluate the application and determine compliance
with the Land Use Bylaw or other government regulations. This may include but is
not limited to the provision of geotechnical information, soil analysis reports, water
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reports, soil or slope stability analysis, drainage information, contours and
elevations of the land, engineering studies or reports, wetland reports,
environmental impact assessments, utility and servicing information, and/or the
preparation of a conceptual design scheme or an area structure plan prior to a
decision being rendered on a subdivision application to determine the suitability of
the land for the proposed use; and
(g) the consent to authorize the Subdivision Authority or its designate to carry out a
site inspection on the subject land as authorized in accordance with the MGA must
also be provided on the submitted application form unless determined not to be
needed by the Subdivision Authority.
49.2
In accordance with the MGA, the Subdivision Authority or those authorized to act on its
behalf, shall provide notification to a subdivision applicant within the 20-day prescribed
time period, on whether a submitted application is deemed complete, or if it is
determined to be deficient what information is required to be submitted by a specified
time period, by sending notification in the following manner:
(a) for an application deemed complete, the applicant shall be notified in writing as
part of the formal subdivision application circulation referral letter;
(b) for an application determined to be incomplete, written notification shall be given
to the applicant which may be in the form of a letter sent by regular mail to the
applicant, or sent by electronic means, or both, or by any other method as may be
agreed to between the applicant and Subdivision Authority;
(c) in respect of subsection (b) for a subdivision application determined to be
incomplete, the applicant will be advised in writing as part of the Notice of
Incompleteness what the outstanding or required information items are that must
be submitted by the time specified in the notice.
49.3
Notwithstanding Section 49.2, the applicant and Subdivision Authority may agree and
sign a time extension agreement in writing in accordance with section 653.1(3) of the
MGA to extend the 20-day decision time period to determine whether the subdivision
application and support information submitted is complete.
49.4
A determination made by the Subdivision Authority that an application is complete for
processing does not preclude the ability for the Subdivision Authority to request other
information or studies to be submitted by the applicant during the review and
processing period, prior to a decision being rendered, or as condition of subdivision
approval.
49.5
The Subdivision Authority may refuse to accept and process a subdivision application
where the information required and/or as described in a Notification of Incompleteness
has not been submitted, is determined to be deficient, is still incomplete, or in the
opinion of the Subdivision Authority the quality of the material supplied is inadequate to
properly evaluate the application.
49.6
If the Subdivision Authority makes a determination that the application is refused due to
incompleteness, the applicant shall be notified in writing with reasons. The notification
shall include for the applicant the required information on the filing of an appeal and to
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which appeal board body the appeal lies, either the local appeal board or provincial
Municipal Government Board, in accordance with the parameters of the MGA.
49.7
All applications for subdivision approval shall be evaluated by the Municipal Planning
Commission in accordance with the following criteria:
(a) compliance with statutory plans, bylaws, and regulations;
(b) adequacy of road access;
(c) provision of municipal services and utilities, including a storm water drainage plan;
(d) compatibility with adjacent land uses;
(e) accessibility to emergency services;
(f)
site suitability in terms of minimum dimensional standards for lots and all other
criterion in this bylaw as specified in the applicable land use district in Schedule 3;
(g) any other matters the MPC may consider necessary.
49.8
For the purpose of infill development, an application which proposes to subdivide an
accessory structure onto a separate lot may be considered by the Municipal Planning
Commission where:
(a) the proposed lots meet the provisions of Schedule 3 (Dimensional Standards and
Setbacks);
(b) the existing and proposed buildings meet the provisions of Schedule 3 (Dimensional
Standards and Setbacks) based on the lot proposed layout;
(c) the access of each lot is provided from a public roadway, not a lane or laneway.
SECTION 50
LOT DESIGN
50.1
Through lots or double frontage lots shall be avoided, except where essential to
separate residential development from traffic arteries or to overcome specific
disadvantages of topography and orientation. In such cases, access will be allowed only
on the lower classification street.
50.2
No lot or parcel shall be created which does not meet the minimum standards of the
applicable land use district, except pursuant to an Area Structure Plan which provides
for the perpetual maintenance of such remnants.
50.3
The length and width of blocks shall be sufficient to accommodate two (2) tiers of lots
with minimum standards specified by the applicable zoning district and this section,
except where a single row of lots back up to an arterial street. When reviewing
proposed lot and block arrangements, the Municipal Planning Commission shall
consider the following factors:
(a) Adequate Building Sites Required: Provisions of adequate building sites suitable to
the special needs of the type of land use (residential, commercial or other)
proposed for development shall be provided, taking into consideration
topographical and drainage features.
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(b) Minimum Lot Sizes Established: Minimum land use district and lot requirements
defining lot sizes and dimensions shall be accommodated without creating
unusable lot remnants.
(c) Safe Access Required: Block layout shall enable development to meet all Village
engineering requirements for convenient access, circulation, control and safety of
street traffic.
50.4
At the time of subdivision, all corner lots and interior laneway corner lots shall dedicate
clear vision triangles as right-of-way.
RECREATIONAL VEHICLES
SECTION 51
RECREATIONAL VEHICLE REQUIREMENTS
51.1
Recreational vehicles, including but not limited to, travel trailers, motor homes, tent
trailers, fifth wheels, bus conversions or campers, shall not be considered a permanent
residence.
51.2
Where a development permit for a single-unit dwelling has been issued, a landowner
seeking to temporarily occupy a recreational vehicle on the subject property while the
development is carried out shall be required to obtain a separate development permit
for this purpose.
ADMINISTRATION DEFINITIONS
SECTION 52
ADMINISTRATION DEFINITIONS
The following definitions shall apply to the entire bylaw.
All other words and expressions not otherwise defined in this Land Use Bylaw have the meaning
assigned to them in the Municipal Government Act.
Words used in the singular include the plural.
A
ADDITION means construction that increases the footprint of an existing building or structure on the
parcel of land. Typically there will be a common connection from the existing building to the addition
that includes a foundation of some type beneath the addition.
ADJACENT LAND OR ADJACENT means land that is contiguous to a parcel of land proposed for
development, subdivision or redesignation and includes land that would be contiguous if not for a road,
railway, walkway, watercourse, water body, utility lot, right-of-way, reserve land or other similar
feature.
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ALTER or ALTERATION means any structural change to a building that results in an increase or decrease
in the area or the volume of the building; any change in the area frontage, depth, or width of a lot that
affects the required yard, landscaped open space, or parking requirements of this bylaw; structural
change to a sign; and to discontinue or change the principal use of the site or building with a use defined
as being distinct from the discontinued use.
AMENITY AREA means an area(s) within the boundaries of a development intended for recreational
purposes. These may include landscaped areas, patios, balconies, swimming pools, and other similar
items that are intended for public use.
APPROVED USE means a use of land and/or building for which a development permit has been issued by
the Municipal Planning Commission or the Subdivision and Development Appeal Board.
AREA REDEVELOPMENT PLAN means a statutory plan, prepared in accordance with sections 634 and
635 of the Municipal Government Act for the purpose of all or any of the following:
(a) preserving or improving land and buildings in the area;
(b) rehabilitating buildings in the area;
(c) removing buildings from the area;
(d) constructing or replacing buildings in the area;
(e) establishing, improving or relocating public roadways, public utilities or other services in the area;
(f) any other development in the area.
AREA STRUCTURE PLAN means a statutory plan prepared for the purpose of providing a framework for
subsequent subdivision and development of an area of land (Municipal Government Act, section 633)
and that may be adopted by a Council by bylaw.
B
BALCONY means a platform, attached to and projecting from the face of a principal building with or
without a supporting structure above the first storey, normally surrounded by a baluster railing and
used as an outdoor porch or sundeck with access only from within the building.
BASEMENT means the portion of a building or structure, which is partially or wholly below grade and
having its floor below grade by a distance greater than one-half the distance from floor to ceiling.
BERM means a barrier, typically constructed of mounded earth, used to separate incompatible areas,
uses, or functions, or to protect a site or development from noise.
BUFFER means open spaces, landscaped areas, fences, walls, hedges, trees, shrubs, berms or other
similar features used to physically and/or visually separate incompatible uses, areas, functions, sites,
buildings, roadways, districts, etc.
BUILDING has the meaning defined in the Municipal Government Act and includes anything constructed
or placed on, in, over or under land, but does not include a highway or road or a bridge that forms part
of a highway or road.
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BUILDING ENVELOPE means the space created on a lot or parcel within which a building may be
constructed once the setback requirements for a specific zoning district have been considered.
BUILDING GRADE (as applied to the determination of building height) means the average level of
finished ground adjoining the main front wall of a building (not including an attached garage), except
that localized depressions such as for vehicle or pedestrian entrances need not be considered in the
determination of average levels of finished ground.
BUILDING HEIGHT means the vertical distance between grade and the highest point of a building
excluding a roof stairway entrance, elevator housing, a ventilating fan, a skylight, a steeple, a chimney, a
smoke stack, a fire wall or a parapet wall and a flagpole or similar device not structurally essential to the
building.
BUILDING INSPECTOR means the person or persons hired to be the chief building inspector or building
inspectors in and for the Village of Glenwood.
BUILDING PERMIT means a certificate or document issued by the Safety Codes Officer pursuant to
provincial legislation authorizing commencement of construction.
BUILDING SETBACK means the shortest distance between the exterior foundation wall of the building
and the nearest lot line. Depending on the zoning district, the minimum setback will vary.
BUILDING WIDTH, MINIMUM means the minimum horizontal distance of the building's living space
measured parallel to the shortest exterior wall of the building and perpendicular to the longest exterior
wall of the building and excludes porches, decks, patios, balconies, carports, garages, unheated storage
space, porte-cochere and other similar architectural features.
BUSINESS means any lawful commercial endeavor to engage in the manufacturing, purchase, sale, lease,
or exchange of goods and/or the provision of services.
BYLAW means the Land Use Bylaw of the Village of Glenwood.
C
CERTIFICATE OF COMPLIANCE means a document signed by the Development Officer, certifying that a
development complies with this bylaw with respect to yard requirements and insofar as represented on
an Alberta Land Surveyors' Real Property Report.
CHANGE OF USE means the conversion of land or building, or portion thereof from one land use activity
to another in accordance with the Permitted or Discretionary Uses as listed in each land use district.
COMMON WALL means a vertical separation completely dividing a portion of a building from the
remainder of the building and creating in effect a building which, from its roof to its lowest level, is
separate and complete unto itself for its intended purpose, such wall being owned by one party but
jointly used by two parties, one or both of whom is entitled to such use by prior arrangement.
CONCEPTUAL DESIGN SCHEME means a detailed site layout plan for a parcel of land which typically
addresses the same requirements of an Area Structure Plan but which is not adopted by bylaw which:
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(a) shows the location of any existing or proposed buildings; and
(b) describes the potential effect and/or relationship of the proposed development on the surrounding
area and the municipality as a whole; and
(c) provides for access roads, water, sewer, power and other services to the satisfaction of the
Municipal Planning Commission or Council.
CONDOMINIUM means a building or structure where there exists a type of ownership of individual
units, generally in a multi-unit development or project where the owner possesses an interest as a
tenant in common with other owners in accordance with the provisions of the Condominium Property
Act.
CONDOMINIUM PLAN means a plan of survey registered at a Land Titles Office prepared in accordance
with the provisions of the Condominium Property Act, Revised Statutes of Alberta 2000, Chapter C-22, as
amended.
CORNER VISIBILITY OR CLEAR VISION TRIANGLE means a triangular area on a corner lot that is
comprised of two sides which are measured from the intersection corner for a distance specified in this
bylaw. The third side of the triangle is a line joining the ends of the other two sides. Where the lot lines
at intersections have rounded corners, the lot lines will be extended in a straight line to a point of
intersection.
COUNCIL means Council of the Village of Glenwood.
D
DEMOLITION means the pulling down, tearing down or razing of a building or structure.
DEVELOPER means a person or an owner of land in accordance with the Statutes of the Province of
Alberta who wishes to alter the title to the property and change the use of the property from its existing
use.
DEVELOPMENT in accordance with the Municipal Government Act means:
(a) an excavation or stockpile and the creation of either of them;
(b) a building or an addition to or replacement or repair of a building and the construction or placing of
any of them in, on, over or under land;
(c) a change of use of land or a building or an act done in relation to land or a building that results in or
is likely to result in a change in the use of the land or building; or
(d) a change in the intensity of use of land or a building or an act done in relation to land or a building
that results in or is likely to result in a change in the intensity of use of the land or building.
DEVELOPMENT AGREEMENT means a contractual agreement completed between the municipality and
an applicant for a development permit or subdivision approval which specifies the roadways, walkways,
public utilities, and other services to be provided by the applicant as a condition of a development
permit or subdivision approval, in accordance with the Municipal Government Act.
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DEVELOPMENT AUTHORITY means the body established by Bylaw to act as the Development Authority
in accordance with sections 623(b) or (c) and 624 of the Municipal Government Act.
DEVELOPMENT OFFICER means a person(s) authorized by Council to act as a development authority
pursuant to section 624 of the Municipal Government Act and in accordance with the Municipal
Planning Commission Bylaw.
DEVELOPMENT PERMIT means a permit issued with or without conditions pursuant to this bylaw
authorizing a development. A development permit does not constitute a building permit.
DISCRETIONARY USE means the use of land or building(s) provided for in the Land Use Bylaw for which a
development permit may be issued, following receipt by the Development Officer of a completed
application with appropriate details and fees.
DISTRICT - see LAND USE DISTRICT
E
EASEMENT means a right held by one party on land owned by another.
EAVE means the overhang or extension of a roof line beyond the vertical wall of a building.
EXCAVATION means the process of altering the natural elevation of the ground by grading, cutting,
stripping, filling or breaking of ground, but does not include common household gardening and ground
care, excavation made for the building of basements, structures, landscaping, or parking for which a
development permit has been issued, or extensive agriculture. Gravel pit, mineral extraction and any
other similar extractive use are not classified as excavation and are a separate use.
F
FLOOD ELEVATION, 1:100 YEAR means the water level reached during a 1:100 year flood as determined
in accordance with the technical criteria established by Alberta Environment.
FLOOD RISK AREA means the area of land bordering a water course or water body that would be
inundated by 1:100 year flood (i.e. a flood that has a 1 percent chance of occurring every year) as
determined by Alberta Environment in consultation with the Village and may include both flood fringe
and floodway.
FLOOR AREA means the sum of the gross horizontal area of the several floors and passageways of a
building, but not including cellars, attached garages and open porches. All dimensions shall be outside
dimensions. Basement floor areas shall be included only where the building contains a basement suite.
FLOOR AREA RATIO means the net floor area divided by the gross lot area.
FOUNDATION means the supporting base structure of a building.
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FULLY SERVICED LOT means a lot that is provided both water and sewer serviced by either:
(a) a municipal water line and a municipal sewer line; or
(b) an incorporated organization or co-operative, recognized by the municipality, that is operating a
provincially approved water and sewer system.
G
GEOTECHNICAL REPORT means a comprehensive site analysis and report prepared by a qualified and
registered professional with The Association of Professional Engineers and Geoscientists of Alberta
(APEGA).
GRADE, LANDSCAPED (as applied to the determination of height of balconies, decks and architectural
features and landscape structures) means the average level of finished landscaped ground under the
four principal corners of the balcony, deck, architectural feature or landscape structure. For buildings
see BUILDING GRADE.
L
LANDOWNER - see REGISTERED OWNER
LANDSCAPING means the modification, beautification and enhancement of a site or development
through the use of the following elements:
(a) natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass, flowers and other
ground cover or materials;
(b) hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile and
wood, excluding monolithic concrete and asphalt; and
(c) excludes all areas utilized for driveways and parking.
LAND USE DISTRICT means a specifically delineated area or zone within which the development
standards of this bylaw govern the use, placement, spacing, and size of land and buildings. All land use
districts referred to in this bylaw are shown on the Land Use Districts Map found in Appendix D.
LANE or LANEWAY means a public thoroughfare, which provides a secondary means of access to a lot or
lots.
LOCK UP STAGE means the point in time respecting a construction project when the walls, roof,
windows and doors have been installed so that the structure may be secured.
LOT means a lot as defined in the Municipal Government Act and shall include a bare land condominium
unit.
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M
MAINTENANCE means the upkeep of a building or property that does not involve structural change, the
change of use, or the change of intensity of use.
MASS WASTING means a general term describing a variety of processes, including but not limited to
slumping, sloughing, fall and flow, by which earth materials are moved by gravity.
MGA means the Municipal Government Act, Revised Statutes of Alberta, 2000, Chapter M-26, as
amended.
MUNICIPAL DEVELOPMENT PLAN means a Statutory Plan, formerly known as a General Municipal Plan,
adopted by bylaw in accordance with section 632 of the Municipal Government Act.
MUNICIPAL GOVERNMENT ACT (MGA) means the Municipal Government Act, Revised Statutes of
Alberta, 2000, Chapter M-26, as amended.
MUNICIPAL/SCHOOL RESERVE means the land specified to be municipal and school reserve by a
subdivision approving authority pursuant to section 666 of the Municipal Government Act.
MUNICIPAL SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB) means the committee
established, by bylaw, to act as the municipal appeal body for subdivision and development
applications.
MUNICIPAL PLANNING COMMISSION (MPC) means the committee authorized by Council to act as the
Subdivision Authority pursuant to section 623 of the Municipal Government Act and Development
Authority pursuant to section 624 of the MGA, and in accordance with the Municipal Planning
Commission Bylaw.
N
NON-COMPLIANCE means a development constructed, or use undertaken after the adoption of the
current Land Use Bylaw and does not comply with the current Land Use Bylaw.
NON-CONFORMING BUILDING means a building:
(a) that is lawfully constructed or lawfully under construction at the date of a Land Use Bylaw or any
amendment thereof affecting the building or land on which the building is situated becomes
effective; and
(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or
when constructed will not, comply with the Land Use Bylaw.
NON-CONFORMING USE means a lawful specific use:
(a) being made of land or a building or intended to be made of a building lawfully under construction,
at the date of a Land Use Bylaw or any amendment thereof affecting the land or building becomes
effective; and
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(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or in
the case of a building under construction, will not comply with the Land Use Bylaw.
NON-SERVICED means in respect to a lot or parcel that neither a municipal water system nor a
municipal sewage system services it.
NUISANCE means any use, prevailing condition or activity which has a detrimental effect on living or
working conditions.
O
OCCUPANCY PERMIT means a permit issued by the municipality that authorizes the right to occupy or
use a building or structure for its intended use.
OFF-SITE LEVY means the rate established by the municipal Council that will be imposed upon owners
and/or developers who are increasing the use of utility services, traffic services, and other services
directly attributable to the changes that are proposed to the personal property. The revenues from the
off-site levies will be collected by the municipality and used to offset the future capital costs for
expanding utility services, transportation network, and other services that have to be expanded in order
to service the needs that are proposed for the change in use of the property.
OFF-STREET LOADING SPACE means an open area, not exceeding 9.1 m (30 ft) in width, located in the
rear yard space, designed expressly for the parking of haulage vehicles while loading or unloading.
OFF-STREET PARKING means a lot or portion thereof, excluding a public roadway which is used or
intended to be used as a parking area for motor vehicles.
OFF-STREET PARKING SPACE means an off-street area available for the parking of one motor vehicle.
Every off-street parking space shall be accessible from a street, lane or other public roadway.
ORIENTATION means the arranging or facing of a building or other structure with respect to the points
of the compass.
P
PARCEL means an area of land described in a Certificate of Title either directly or by reference to a plan
and registered with the Alberta Land Titles Office.
PARTIALLY SERVICED LOT means a lot that is provided water or sewer serviced by either:
(a) a municipal water line or a municipal sewer line; or
(b) an incorporated organization or co-operative, recognized by the municipality, that is operating a
provincially approved water or sewer system.
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PERMANENT RESIDENCE means a dwelling that:
(a) has developed legal access,
(b) is situated on a permanent foundation,
(c) is permanent and habitable,
(d) has a kitchen and sleeping area,
(e) has a supply of potable water and a functional sewage disposal system, and
(f)
may have electrical and gas utilities available to the site.
PERMITTED USE means the use of land or building(s) which is permitted in a district for which a
development permit shall be issued, following receipt by the Development Officer of a completed
application with appropriate details and fees.
PLAN OF SUBDIVISION means a plan of survey prepared in accordance with the relevant provisions of
the Land Titles Act for the purpose of effecting subdivision.
PRINCIPAL BUILDING means a building which:
(a) occupies the major or central portion of a lot;
(b) is the chief or main building on a lot; or
(c) constitutes, by reason of its use, the primary purpose for which the lot is used.
PRINCIPAL USE means the main purpose, in the opinion of the Development Officer or Municipal
Planning Commission, for which a lot is used.
PROHIBITED USE means a development that is not listed as permitted or discretionary, or is not
considered similar within a land use district.
PROVINCIAL LAND USE POLICIES means policies established by order of the Lieutenant Governor
pursuant to section 622 of the Municipal Government Act.
PUBLIC ROADWAY means a right-of-way maintained by the Village and is open to the public for the
purpose of vehicular traffic.
PUBLIC OPEN SPACE means land which is not in private ownership and is open to use by the public.
R
REAL PROPERTY REPORT (RPR) means a legal document that illustrates in detail the location of all
relevant, visible public and private improvements relative to property boundaries prepared by a
registered Alberta Land Surveyor.
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REGISTERED OWNER means:
(a) in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the
Minister of the Crown having the administration of the land; or
(b) in the case of any other land:
(i)
the purchase of the fee simple estate in the land under an agreement for sale that is the
subject of a caveat registered against the Certificate of Title in the land, and any assignee of
the purchaser's interest that is the subject of a caveat registered against the Certificate of
Title; or
(ii) in the absence of a person described in paragraph (i), the person registered under the Land
Titles Act as the owner of the fee simple estate in the land.
RIGHT-OF-WAY means an area of land not on a lot that is dedicated for public or private use to
accommodate a transportation system and necessary public utility infrastructure (including but not
limited to water lines, sewer lines, power lines, and gas lines).
ROAD - see PUBLIC ROADWAY
S
SAFETY CODES means a code, regulations, standard, or body of rules regulating things such as building,
electrical systems, elevating devices, gas systems, plumbing or private sewage disposal systems,
pressure equipment, fire protection systems and equipment, barrier free design and access in
accordance with the Safety Codes Act, RSA 2000, Chapter S-1, as amended.
SCREENING means a fence, wall, berm or hedge used to visually separate areas or functions that detract
from the street or neighbouring land uses.
SETBACK means the minimum distance required between a property line of a lot and the nearest part of
any building, structure, development, excavation or use on the lot and is measured at a right angle to
the lot line.
SIMILAR USE means a use of land or building(s) for a purpose that is not provided in any district
designated in this bylaw, but is deemed by the Development Officer or Municipal Planning Commission
to be similar in character and purpose to another use of land or buildings that is included within the list
of uses prescribed for that district.
SITE means that part of a parcel or a group of parcels on which a development exists or which an
application for a development permit is being made.
SITE PLAN means a plan drawn to scale illustrating the proposed and existing development prepared in
accordance with the requirements of this bylaw.
STOP ORDER means an order issued by the Development Officer or Municipal Planning Commission
pursuant to section 645 of the Municipal Government Act.
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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, but does not
include a basement.
STREET means a thoroughfare which is used or intended to be used for passage or travel of motor
vehicles and includes the sidewalks and land on each side of and contiguous to the prepared surface of
the thoroughfare. It does not include lanes.
STRUCTURE means anything constructed or erected with a fixed location on the ground or attached to
something having a fixed location on the ground. Among other things, structures include buildings,
walls, fences, billboards and poster panels.
SUBDIVISION AND DEVELOPMENT REGULATION means regulations established by order of the
Lieutenant Governor in Council pursuant to section 694 of the Municipal Government Act.
SUBDIVISION AUTHORITY means the body established by bylaw to act as the subdivision authority in
accordance with section 623 of the Municipal Government Act.
SUBDIVISION OR SUBDIVIDE means the division of a parcel by an instrument.
SUBSIDENCE means a localized downward settling or sinking of a land surface.
SUCH AS means includes, but is not limited to the list of items provided.
T
TEMPORARY DEVELOPMENT means a development for which a development permit has been issued
for a limited time period.
U
USE means the purposes for which land or a building is arranged or intended, or for which either land, a
building or a structure is, or may be, occupied and maintained.
UTILITIES means any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment, distribution or supply of water or electricity;
(c) facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d) storm water drainage facilities;
(e) any other things prescribed by the Lieutenant Governor in Council by regulation; but does not
include those systems or facilities referred to in subclauses (a) to (d) that are exempted by the
Lieutenant Governor in Council by regulation.
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V
VILLAGE means the Village of Glenwood.
W
WAIVER means the relaxation or variance of a development standard as established in this bylaw.
Z
ZONING - see LAND USE DISTRICT
LAND USE DISTRICTS
Schedule 1
LAND USE DISTRICTS
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LAND USE DISTRICTS
Schedule 1
LAND USE DISTRICTS
SECTION 1
DIVISION OF MUNICIPALITY
1.1
The municipality is divided into those districts shown on the Land Use Districts Map in
Appendix D.
1.2
Each district shown on the map referred to in Section 1 of this schedule shall be known
by the following identifying names and symbols:
RESIDENTIAL
- R
COMMERCIAL
- C
INDUSTRIAL
- I
PUBLIC
- P
SECTION 2
INTENT OF LAND USE DISTRICTS
2.1
Residential - R
This district is intended to provide for a residential environment with an appropriate
range of housing types that comply with standards outlined in the Schedule 6 Residential
Standards of Development.
PERMITTED USES
Accessory building
Accessory structure
Accessory use
Contractor, limited
Day home
Dwelling, single-unit
Personal services
Solar collector, roof-
mounted
Shipping container,
temporary (not
more than 1)
DISCRETIONARY USES
Agriculture
Animal care service, small
Apartment building
Assisted living
Autobody and paint shop
Auto sales and service
Bed and breakfast
Boarding or lodging house
Childcare facility
Dwelling, 2, 3, & 4-unit
Garden centre or greenhouse
Group care facility
Institutional
Manufactured home
Moved-in building
Moved-in dwelling
Multi-purpose dwelling
Public or private recreation
Religious assembly facility
Senior housing
DISCRETIONARY USES - cont'd
Solar collector
Tourist home / short term
rental
Towing operation (no vehicle
storage)
WECS, micro, mini, or small
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Village of Glenwood Land Use Bylaw No. 192-2019
LAND USE DISTRICTS
2.2
Commercial - C
This district is intended to accommodate a variety of retail, service, and office uses,
which primarily cater to the daily needs of the residents of the Village of Glenwood.
PERMITTED USES
Accessory building
Accessory structure
Accessory use
Animal care service, small
Business support service
Contractor, limited
Convenience store
Eating establishment
Equipment sales, rental & service
Farmer's market
Financial institution
Medical / health facility
Office
Personal service
Retail
Shipping container, temporary (not
more than 1)
Solar collector, roof-mounted
Tourist information
DISCRETIONARY USES
Amusement facility
Autobody and paint shop
Auto sales and service
Campground
Car wash
Childcare facility
Club or fraternal organization
Community association building
Entertainment establishment
Funeral home
Garden centre or greenhouse
Golf course
Government services facility
Group care facility
Hotel / motel
Institutional
Mixed use building
Moved-in building
Public or private recreation
Public or private utility
Religious assembly facility
Service Station / gas bar
Solar collector
Towing operation
Tourist home / short term rental
Transportation / delivery
Truck dispatch / depot
Truck stop
Truck wash
WECS, micro, mini, or small
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LAND USE DISTRICTS
2.3
Industrial - I
This district is intended to accommodate a range of primarily industrial and warehousing
uses while allowing uses that may require large lots, special sitting and/or servicing or
which may be considered noxious or hazardous.
PERMITTED USES
Accessory building
Accessory structure
Accessory use
Business support service
Contractor, general
Contractor, limited
Convenience store
Club or fraternal organization
Eating establishment
Equipment sales, rental & service
General warehousing & storage
Light industrial/manufacturing
Lumber yard
Mini-storage
Office
Outdoor storage
Personal service
Public or private utility
Retail
Shipping container, temporary
Solar collector, roof-mounted
Tourist information
Transportation / delivery service
Truck dispatch / depot
Towing operation
DISCRETIONARY USES
Agriculture
Animal care, large
Auctioneering facility
Amusement facility
Autobody and paint shop
Auto sales and service
Bulk fuel station
Campground
Car wash
Childcare facility
Convenience store
Community association building
Entertainment establishment
Funeral home
Garden centre or greenhouse
Golf course
Government services facility
Grain elevator
Group care facility
Hotel / motel
Institutional
Mixed use building
Moved-in building
Public or private recreation
Religious assembly facility
Seed cleaning plant
Service Station / gas bar
Shipping container, permanent
Solar collector
Truck stop
Truck wash
WECS, micro, mini, or small
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Village of Glenwood Land Use Bylaw No. 192-2019
LAND USE DISTRICTS
2.4
Public - P
This district is intended to assist in the development of government, educational,
medical, social and other public and institutional uses.
PERMITTED USES
Accessory building
Accessory structure
Accessory use
Cemetery and interment
Childcare facility
Community association
Institutional
Parks and playgrounds
Religious assembly
School/educational facility
Solar collector, roof-mounted
Shipping Container, temporary
Tourist information
DISCRETIONARY USES
Agriculture
Campground
Club or fraternal organization
Eating establishment
Farmer's market
Golf course
Grouped care facility
Moved-in building
Public or private recreation
Public or private utility
Waste management transfer station
Wastewater treatment plant
Water treatment plant
WECS, micro, mini, or small
USE REGULATION
Schedule 2
USE REGULATION
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USE REGULATION
USE REGULATION
Schedule 2
USE REGULATION
SECTION 1
USE CATEGORIES AND SPECIFIC USES
1.1
The principal uses allowed within the land use districts are identified in Table 2.2.1. The
land use districts are referenced by their one-letter abbreviations.
1.2
All of the use categories listed in the second column of Table 2.2.1 are defined in Section
3 of this schedule.
1.3
A "P" indicates that the listed use is allowed by right within the respective land use
district after review and approval by the Development Officer in accordance with
Section 28 Permitted Use Applications in the Administrative section. Permitted uses are
subject to all other applicable standards of the Land Use Bylaw.
1.4
A "D" indicates that the listed use is allowed within in the respective land use district
only after review and approval by the Municipal Planning Commission, in accordance
with Section 29 Discretionary Use Applications in the Administrative section.
Discretionary uses are subject to all other applicable standards of the Land Use Bylaw.
1.5
A blank cell (one without a "P" or "D") indicates that the listed use type is not allowed
within the respective land use district.
1.6
A use that is not specifically listed in the Specific Use Type column of Table 2.2.1, but
which may be similar in character and purpose to other uses of land and structures in
the land use district in which such use is proposed, the Development Officer may classify
the use as either similar to a permitted use or similar to a discretionary use in
accordance with Section 30 Similar Use in the Administrative section.
1.7
The provisions of Schedule 3 Dimensional Standards and Setbacks apply to all uses in
this section.
1.8
The provisions of Schedule 5 General Development Standards apply to the uses in this
section.
1.9
Prohibited uses have been identified individually.
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Village of Glenwood Land Use Bylaw No. 192-2019
USE REGULATION
RESIDENTIAL - R1
USE REGULATION
SECTION 2
USE TABLE
Table 2.2.1: Use Table
Use Category
Specific Use Type
Land Use Districts
Development Standard
General
R
C
I
P
Accessory building
P
P
P
P
Schedule 6 Section 1
Accessory structure
P
P
P
P
Accessory use
P
P
P
P
Moved-in building
D
D
D
D
Shipping container, permanent
D
Schedule 5 Section 6
Shipping container, temporary
P
P
P
P
Schedule 5 Section 6
Residential
R
C
I
P
Household
Living
Apartment building
D
Schedule 6
Assisted living
D
Dwelling single-unit
P
Schedule 6
Dwelling 2-unit, 3-unit, 4-unit
D
Schedule 6
Manufactured home
D
Multi-purpose dwelling
D
D
D
Schedule 6 Section 15
Moved-in dwelling
D
Senior citizen housing
D
Tourist home / short term rental
D
Schedule 6 Section 16
Commercial
R
C
I
P
Lodging
Bed and breakfast
D
Boarding or lodging house
D
Hotel/motel
D
Mixed use building
D
D
Offices
Business support service
P
P
Financial institutions
P
Office
P
P
Recreation &
Entertainment
Amusement facility
D
Campgrounds
D
D
See definition
Entertainment establishment
D
D
Public or private recreation
D
D
D
D
See definition
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USE REGULATION
USE REGULATION
Table 2.2.1: Use Table (continued)
Use Category
Specific Use Type
Land Use Districts
Development Standard
Commercial
(continued)
R
C
I
P
Retail Sales &
Service
Animal care service, small
D
P
Convenience store
P
D
Eating establishment
P
P
P
Equipment sales, rental & service
P
P
Farmer's market
P
P
Funeral home
D
D
Garden centre or greenhouse
D
D
D
Medical/health facility
P
Personal services
P
P
Retail
P
Service station or gas bar
D
D
Construction
Contractor, general
P
Contractor, limited
P
P
P
Lumber yard
P
Automotive
Related
Auto body and paint shop
D
D
D
Auto sales and service
D
D
D
Car wash
D
D
Towing operation
D
D
P
Industrial
R
C
I
P
Manufacturing
Light industrial/manufacturing
P
Warehousing
Bulk fuel station
D
General warehousing and storage
P
Mini storage
P
Outdoor storage
P
Truck
Transport
Transportation/delivery service
D
P
Truck dispatch/depot
D
P
Truck stop
D
D
Truck wash
D
D
Other
Animal care service, large
D
D
Auctioneering facility
D
Agriculture
D
D
D
Grain elevator
D
Seed cleaning plant
D
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Village of Glenwood Land Use Bylaw No. 192-2019
USE REGULATION
RESIDENTIAL - R1
USE REGULATION
Table 2.2.1: Use Table (continued)
* All alternative energy are subject to approval of the Municipal Planning Commission.
Use Category
Specific Use Type
Land Use Districts
Development Standard
Public
R
C
I
P
Community
Service
Club or fraternal organization
P
P
D
Community association building
D
P
Government services facility
D
P
Group care facility
D
D
D
Institutional
D
P
Religious assembly facility
D
D
D
P
School/education facility
P
Tourist information
P
P
P
Child Care
Child care facility
D
D
P
Day home
P
Utility
Public or private utility
D
P
D
Waste management transfer
station
D
Wastewater treatment plant
P
Water treatment plant
P
Parks & Open
Space
Cemetery and interment
P
Golf course
D
D
D
Parks and playgrounds
P
Other
R
C
I
P
Alternative
Energy*
Large WECS
Schedule 8
Micro WECS
D
D
D
D
Schedule 8
Mini WECS
D
D
D
D
Schedule 8
Small WECS
D
D
D
D
Schedule 8
Solar collector
D
D
D
D
Schedule 8
Solar collector, roof mounted
P
P
P
P
Schedule 8
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USE REGULATION
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SECTION 3
LAND USE DEFINITIONS
All other words and expressions not otherwise defined in this Land Use Bylaw have the meaning
assigned to them in the Municipal Government Act.
Words used in the singular include the plural.
A
ACCESSORY BUILDING means any building that is physically separate from the principal building on the
lot on which both are located and which is subordinate and incidental to that of the principal building.
The use is subordinate and incidental to that of the principal use of the site on which it is located and
examples of a typical accessory building is a private garage, shed, or storage building. No accessory
building shall be used for human habitation. A development permit must be approved before
construction of an accessory building.
ACCESSORY STRUCTURE means a structure that is detached from the principal building. It is ancillary,
incidental, and subordinate to the principal building or use. Typical accessory structures include
flagpoles, swimming pools, storage tanks, greenhouses. When a structure is attached to the principal
building by a roof, a floor, a wall, or a foundation, either above or below grade, it is considered part of
the principal building. No accessory structure shall be used for human habitation. A principal structure
must be legally approved before an accessory structure can be approved.
ACCESSORY USE means a use or development customarily incidental and subordinate to the principal
use or building and is located on the same parcel as such principal use or building. A principal use must
be legally established or approved before an accessory use can be approved.
ALTERNATIVE ENERGY, INDIVIDUAL means energy that is renewable or sustainable that is generally
derived from natural sources (for example, the earth, sun, wind, water) and is for the sole consumption
of the landowner, resident or occupant.
AMUSEMENT FACILITY means development for amusement pastimes, and may incorporate eating
facilities as an accessory use. Such uses may include but are not limited to, amusement arcades, billiard
parlours, bingo halls, bowling alleys and indoor mini-golf.
ANIMAL CARE SERVICE, LARGE means any establishment maintained and operated by a licensed
veterinarian for the on-site or off-site treatment of animals. The development may also be used for
onsite boarding, breeding or training of animals and livestock. The facility may also include outside
buildings and pens associated with the service and the supplementary sale of associated animal care
products. Typically, this use will include veterinary offices or hospitals, animal shelters, and facilities for
impounding and quarantining animals.
ANIMAL CARE SERVICE, SMALL means development for the on-site treatment and/or grooming of small
animals such as household pets, where on-site accommodation may be provided and where all care and
confinement facilities are enclosed within one particular building. This use may also include the
supplementary sale of associated animal products. Typically, this use will include pet grooming salons,
pet clinics and veterinary offices.
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APARTMENT BUILDING means a structure with several self-contained dwelling units (see definition of
dwelling), each of which occupies a portion of the same building. Such a building will typically consist of
five or more apartments for rent and include an area for tenant and visitor parking and have a common
entrance.
ASSISTED LIVING means a special combination of housing, supportive services, personalized assistance,
and health care designed to respond to the individual needs of those who need help with activities of
daily living. The facility may include a central or private kitchen, dining, recreational, and other facilities,
with separate dwelling units or living quarters, where the emphasis of the facility remains residential.
AUTO BODY AND PAINT SHOP means a building where motor vehicles are repaired and also where
motor vehicle bodies and parts, and other metal machines, components, or objects may be painted.
Painting of this type shall not be done outdoors, but must be set up in a properly ventilated building.
This use may also include an outdoor storage area and an office component.
AUTO SALES AND SERVICE means the retail sale, lease, or rental of new or used automobiles and/or
recreational vehicles and/or a facility for the repair and servicing of automobiles and/or recreational
vehicles, including but not limited to, mufflers, oil changes, transmissions, engine replacement, glass
repair, auto detailing. Such facilities do not include the sale of gas but may include towing services as an
accessory use.
AUCTIONEERING FACILITY means any facility where animals or goods are regularly bought, sold, or
traded to the highest bidder. The facility may also include holding pens and viewing areas, transport
facilities, spectator seating, and administrative offices. This definition does not apply to individual sales
of animals or goods by private owners.
AUTO WRECKAGE AND SALVAGE YARD means a facility or operation specifically intended for the
dismantling of automotive vehicles and the sale of those parts to the general public. Such a facility may
include an administrative office, work areas, and outdoor storage. The parcel of land on which the
facility exists must be completely fenced according to Village standards.
B
BED AND BREAKFAST means an accessory use carried out in an owner-occupied dwelling where
temporary accommodation is provided to non-residents of the dwelling for remuneration, and where
meals, if provided for guests, are prepared in the common kitchen of the principal building.
BOARDING OR LODGING HOUSE means a private dwelling in which lodgers rent room(s) for one night
or even more extended periods of weeks or months. The common parts of the house, such as
bathroom(s), kitchen, and living areas, are maintained by the private owner. Meals, laundry or cleaning
may be provided as part of the lodging agreement.
BUILDING AND TRADE CONTRACTORS means a facility for the provision of electrical, plumbing, heating,
painting and similar contractor services primarily to individual households and the accessory sale of
goods normally associated with such contractor services where all materials are kept within an enclosed
building, and where there are no associated manufacturing activities.
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BULK FUEL STATION means a use of land or buildings for storing and distributing petroleum products in
bulk quantities. This use includes supplementary tanker vehicle storage and card lock or key lock fuel
distribution facilities.
BUSINESS means a commercial, merchandising, or industrial activity or undertaking, a profession, trade,
occupation, calling or employment or an activity providing goods or services, whether or not for profit
and however organized or formed, including a cooperative or association of persons.
BUSINESS SUPPORT SERVICE means an establishment primarily engaged in providing services for other
business establishments such as advertising, copying, equipment, financial services, employment
services, and other similar services.
C
CAMPGROUND means a use of land or buildings intended for seasonal occupancy by holiday or tent
trailers, recreation vehicles, tents and similar equipment and which may include supplementary
bathroom and recreational facilities, eating shelters, convenience retail, laundry facilities and dwelling
accommodations for the operator.
CAR WASH means the use of a structure or area providing for the cleaning of motor vehicles but does
not include SERVICE STATIONS/ GAS BARS.
CEMETERY AND INTERMENT SERVICES means a development for the entombment of the deceased and
may include such facilities as crematories, cinerarium, columbarium, mausoleums, memorial parks,
burial grounds, cemeteries and gardens of remembrance.
CHILD CARE FACILITY means a building or portion thereof used for the provision of care, maintenance
and supervision of seven or more children, by persons unrelated to the children by blood or marriage,
for periods not exceeding 24 consecutive hours and includes all child-care centres, day cares, nurseries
and after-school or baby-sitting programs which meet the conditions of this definition. Group homes
and day homes are separate uses.
CLUB FACILITY refers to a physical structure for the assembly of members of non-profit clubs or
organizations, including charitable, social service, ethnic, athletic or business organizations. This use
may include eating, drinking, entertainment, sports, recreation and amusement facilities as accessory
uses but "Campground" is a separate use.
CLUB OR FRATERNAL ORGANIZATION refers to a physical structure for the assembly of members of
non-profit clubs or organizations, including charitable, social service, ethnic, athletic or business
organizations. This use may include eating, drinking, entertainment, sports, recreation and amusement
facilities as accessory uses but "Campground" is a separate use.
COMMUNITY ASSOCIATION BUILDING or COMMUNITY HALL means a facility or building whose primary
purpose is to accommodate use by community group(s). The structure may include such features as
meeting rooms, kitchen, stage and open floor area, bar/liquor area, multi-purpose rooms, washrooms,
coat room, storage room(s) and administrative offices. Exterior uses may include parking, playground
areas, outdoor shelters, and sitting areas.
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CONTRACTOR, GENERAL means development used for industrial service support and construction.
Typical uses include cleaning and maintenance contractors, building construction, landscaping, concrete,
electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or similar services of
a construction nature which require on-site storage space for materials, construction equipment or
vehicles normally associated with the contractor service. Any sales, display, office or technical support
service areas shall be accessory to the principal general contractor use.
CONTRACTOR, LIMITED means a development used for the provision of electrical, plumbing, heating,
painting, catering and similar contractor services primarily to individual household and the accessory
sales of goods normally associated with the contractor services where all material are kept within an
enclosed building, and there are no accessory manufacture activities or fleet storage of more than four
vehicles.
CONVENIENCE STORE means a retail store that sells a limited line of groceries and household goods for
the convenience of the neighbourhood. This use does not include cannabis retail store.
D
DAY HOME means a private residence where care, development and supervision are provided for a
maximum of six children between the ages of 0-12 years, by persons unrelated to the children by blood
or marriage, including children under the age of 12 who reside in the home, for periods not exceeding
24 consecutive hours.
DECK means an accessory structure consisting of a paved, wooden, or other hard-surfaced area
generally adjoining a principal building intended for outdoor living space that is 0.6 m (2 ft) or greater
above grade.
DETACHED GARAGE means an accessory building designed and used primarily for the storage of motor
vehicles that is not attached to the principal building.
DRIVE-IN/DRIVE-THROUGH RESTAURANT means an establishment where food is prepared and served
on the premise for sale to the public and includes car attendant and/or drive-through, pick-up service.
See EATING ESTABLISHMENT.
DWELLING means a building or portion thereof designed for human habitation and which is intended to
be used as a residence for one or more individuals but does not include travel trailers, motor homes,
recreational vehicles, or other mobile living units, hotel, motel, dormitory, boarding house, or other
similar accommodation. Dwelling includes the following:
Single-unit dwelling means a residential building containing only one dwelling unit which is to be
constructed on site and is to be placed on a basement or permanent slab foundation.
2-unit dwelling means a residential building that contains two separate dwelling units connected
either by a common floor/ceiling, or by a common wall (party wall) between units.
3-unit dwelling means a residential building comprised of three dwelling units, each unit having a
separate, direct entrance from grade or a landscaped area. Each dwelling unit will be connected
either by a common floor/ceiling, or by a common wall (party wall) between units.
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4-unit dwelling means a residential building comprised of four dwelling units, each unit having a
separate, direct entrance from grade or a landscaped area. Each dwelling unit will be connected
either by a common floor/ceiling, or by a common wall (party wall) between units.
Row dwelling means development consisting of a building containing a row of three or more
dwelling units each sharing a common wall extending from the first floor to the roof, at the side
only with no dwelling being place over another in whole or in part. Each dwelling unit shall have
separate, individual, and direct access to the building at grade.
E
EATING ESTABLISHMENT means an establishment where food and beverages are prepared and served
on the premises for sale to the public and may include supplementary on or off-premises catering
services. This term includes restaurants, cafes, lunch and tea rooms, ice cream parlours, banquet
facilities, restaurants and other uses similar in character and nature.
EDUCATIONAL FACILITY means a place of instruction offering continuing education or specialized
courses of study. Included in the category may be public, private, and commercial institutions.
ENTERTAINMENT ESTABLISHMENT means an establishment such as a theatre, auditorium, lounge or
cabaret providing dramatic, musical or other entertainment indoors or outdoors and may include
facilities for supplementary food and beverage consumption but does not include GAMING
ESTABLISHMENT.
EQUIPMENT SALES, RENTAL AND SERVICE means the use of land or buildings for the retail sale,
wholesale distribution, rental and/or service of: hand tools, small construction, farming, gardening and
automotive equipment, small machinery parts and office machinery and equipment.
F
FARMERS MARKET means the use of land or buildings where fresh farm or garden produce are sold in a
retail or wholesale setting and where goods are typically displayed in bulk bins or stalls for customer
selection. This use includes vendors of fruit, vegetables, meat products, baked goods, dry goods, spices
and non-food products such as handicrafts, provided that the sale of fresh food products remain the
primary function.
FEED MILL means a mill in which stock feeds are prepared.
FENCE means an accessory structure usually made of wood, rails, bricks, or wire intended to mark parcel
boundaries and provide yard privacy.
FINANCIAL INSTITUTION means a development or use primarily for providing the service of banking or
lending money, such as a bank, savings and loan institution, or credit union.
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FITNESS FACILITY means a development where space, equipment or instruction is provided for people
to pursue physical fitness or skills relating to physical activities and may include the incidental sale of
products relating to the service provided.
FUNERAL HOME means a development used for the arrangement of funerals, the preparation of the
deceased for burial or cremation, and the holding of funeral services.
G
GAMING OR GAMBLING ESTABLISHMENT means a building or structure, or any portion thereof, which
is used or intended for the use or purpose of dealing, operating, maintaining or conducting any game
played with cards, dice, or any other means, or any mechanical device or machine for money, property
or any item of value.
GARAGE means an accessory private building or part of the principal building, designed primarily for the
storage of motor vehicles.
GARDEN CENTRE OR GREENHOUSE means a building specially designed and used for commercial or
private growing of vegetables, flowers or other plants for transplanting or sale. The use may include
accessory retail uses on the premises.
GARDEN SHED means an accessory structure to store household and garden equipment and supplies
that is not more than 9.3 m2 (100 ft2) in size.
GENERAL STORE means a retail establishment which deals primarily with the display and sale of food
and other goods required by the residents of the immediate vicinity to meet their day-to-day needs.
May include office and storage areas.
GENERAL WAREHOUSING AND STORAGE means a building used for the storage of goods and
merchandise. The building may include administrative offices, loading areas, parking areas, storage
rooms and the retail sale of goods stored in the warehouse. No outside storage is permitted with this
use.
GOLF COURSE means an outdoor use/establishment of varying size where the land is developed
primarily to accommodate the game of golf. Accessory uses include a pro shop, driving range and/or
proactive facility, food service, and other commercial uses typically associated with a golf course
clubhouse facility.
GOVERNMENT SERVICES FACILITY means development providing municipal, provincial, or federal
government services directly to the public or the community at large, and includes development
required for the public protection of persons or property.
GRAIN ELEVATOR/SEED CLEANING means a facility for the collection, grading, sorting, storage, and
transshipment of grains.
GROUP CARE FACILITY means a development which provides residential accommodation and
rehabilitative services to persons who are handicapped, disabled or undergoing rehabilitation and are
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provided care to meet their needs. Persons are typically referred to a group care facility by hospitals,
courts, government agencies or recognized social service agencies or health professionals but may also
voluntarily request care. This use includes supervised uses such as group homes, half-way houses, and
convalescent homes. This use does not include senior housing or assisted living which are separate uses
in this bylaw.
H
HOME OCCUPATION means an occupation, trade, profession or craft carried on by an occupant of a
dwelling unit as a use secondary to the residential use of the lot, and which does not change the
character thereof.
HOTEL means the use of a building for sleeping accommodations provided for a fee on a daily basis,
accessible only through a central lobby with onsite parking; the building may also contain accessory
commercial, and food and beverage service uses.
I
INSTITUTIONAL means a use by or for an organization or society for public or social purposes and,
without restricting the generality of the term.
K
KENNEL means a commercial operation or facility where dogs or cats or other domestic pets are
maintained, boarded, bred, trained or cared for or kept for the purposes of sale but excludes an animal
care service.
L
LIGHT FABRICATION SHOPS means the assembly of metal parts, including blacksmith and welding
shops, sheet metal shops, machine shops, and boiler shops, that produce metal duct work, tanks,
towers, cabinets and enclosures, metal doors and gates, and similar products (APA dictionary).
LIGHT INDUSTRIAL/MANUFACTURING means development used for manufacturing, fabricating,
processing, assembly, production or packaging of goods or products, as well as administrative offices
and warehousing and wholesale distribution uses which are accessory uses to the above, provided that
the use does not generate any detrimental impact, potential health or safety hazard or any nuisance
beyond the boundaries of the developed portion of the site or lot upon which it is situated.
LUMBER YARD means a commercial operation where lumber, building materials and supplies, and other
building-related goods are stored, displayed and sold.
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M
MACHINERY AND EQUIPMENT SALES, RENTAL AND SERVICE means a commercial operation where the
land and buildings are used for the sale, service and rental of machinery, vehicles and heavy machinery
used in the operation, construction or maintenance of buildings, roadways, pipelines, oil fields, mining
or forestry operations, and in freight hauling operations. Cleaning, repairing and sale of parts and
accessories may be allowed as part of the principal use. Such a facility may include an administrative
office, ancillary structures, outdoor work areas, parking, and outdoor storage areas.
MANUFACTURED HOME means a completely self-contained dwelling unit, designed and constructed
entirely off-site, and transported in one or more pieces.
MANUFACTURING AND FABRICATION OPERATION means a commercial operation where the land and
buildings are used for the manufacture or fabrication of products or parts, and also the retail sale of
such products or parts to the general public. Such a facility may include an administrative office,
ancillary structures, outdoor work areas, parking, and outdoor storage areas.
MARKET GARDEN means the growing of vegetables or fruit for commercial purposes. This use includes
an area for the display and sale of goods or produce grown or raised on site.
MEDICAL/HEALTH FACILITY means a facility for the provision of human health services without
overnight accommodation for patients and may include associated office space. Typical uses include
physiotherapy, registered massage therapy, doctor, dentist, optometrist, and chiropractic offices.
MINI STORAGE means the use of land with compartmentalized buildings or a designated site set up for
the storage of equipment, household or business materials, or vehicles, but excludes storage of
hazardous goods or materials. Accessory to this use is the exterior screened storage of recreational
vehicles, boats, trailers and similar items.
MIXED USE BUILDING means a building used partly for residential and partly for commercial use.
MOBILE HOME means any structure, whether ordinarily equipped with wheels or not, that is designed,
constructed, or manufactured to be moved from one place to another by being towed or carried.
MOTEL means a building or group of buildings on a site designed and operated to provide temporary
accommodation for transient motorists and contains separate sleeping units, each of which is provided
with an adjoining conveniently located parking stall. The building may also include accessory eating and
drinking establishments and personal service shops.
MOVED-IN BUILDING means a previously used or existing, established and working building, which is
removed from a site, and then transported and re-established on another site.
MOVED-IN DWELLING means a previously existing, established and occupied dwelling, which is removed
from one site and then transported and re-established on another site. For the purposes of this bylaw, a
moved-in building does not include a "manufactured home", "modular home", "ready-to-move home",
motor home, travel trailer, recreation vehicle and any similar vehicles that are neither intended for
permanent residential habitation nor subject to the current provincial building requirements.
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USE REGULATION
USE REGULATION
MULTI-PURPOSE DWELLING means a dwelling unit that is contained, wholly or partly, within an
accessory building that appears, predominately, as an accessory building and shall be considered either
the principal dwelling or a second dwelling unit on the parcel.
MUSEUM means a building or site used for the preservation, collection, restoration, display and/or
demonstration of articles of historical significance and may include archival records of a geographic area
or of a time period. See INSTITUTIONAL.
O
OFFICE means development primarily for the provision of professional, management, administrative,
consulting, or financial services in an office setting. Typical uses include but are not limited to the offices
of lawyers, accountants, travel agents, real estate and insurance firms, planners, clerical and secretarial
agencies. This excludes government services, the servicing and repair of goods, the sale of goods to the
customer on the site, and the manufacturing or handling of a product.
OUTDOOR STORAGE means the use of land with or without attendant buildings for the open, outdoor
storage of equipment, materials or vehicles, or processed or unprocessed resources or materials. For
the purposes of this bylaw, this definition is limited to those uses that require minimal on-site
improvements, service and public amenities or facilities and does not include those goods or materials
which are hazardous.
P
PANELLIZED DWELLING means a prefabricated dwelling unit consisting of factory built wall panels which
are assembled on site. All service systems and connections must comply with Alberta Safety Codes.
PARK MODEL TRAILER means a recreational vehicle that is either:
(a) built on a single chassis mounted on wheels designed for infrequent towing by a heavy-duty tow
vehicle but is restricted in size and weight so that it does not require a special highway movement
permit and conforms to the CSA-Z-240 standard for recreational vehicles; or
(b) a recreational vehicle intended for temporary residence or seasonal use built on a single chassis
mounted on wheels, which may be removed and returned to the factory, requiring a special tow
vehicle and highway permit to move on the road and conforms to the CSA Z-241 standard for
recreational vehicles.
PARKS AND PLAYGROUNDS means land developed for public recreational activities that do not require
major buildings or facilities, and includes picnic areas, playgrounds, pedestrian and bicycle paths,
landscaped areas and associated public washrooms. This may include public open space, which is not in
private ownership and is open to use by the public.
PATIO means an outdoor area of a lot developed and used for leisure and/or recreation purposes.
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USE REGULATION
USE REGULATION
PERMANENT FOUNDATION means a foundation installed to provide structural support for a building or
structure, for a period of at least 20 years including: concrete slab on grade, concrete strip footings,
wood or concrete full basement and pile or pier footings.
PERSONAL SERVICES means uses that provide personal services to an individual that are related to the
care and appearance of the body or the cleaning and repair of personal effects. Typical uses include but
are not limited to barber shops, beauty salons, hairdressers, manicurists, aestheticians, fitness facility,
tailors, dress makers, shoe repair shops, dry cleaning establishments, and laundries but does not include
health services.
PORCH means a covered, open accessory structure (unenclosed) that is attached to the exterior of a
building, often forming a covered entrance to a doorway. The structure does not have solid walls, but
may be screened.
PUBLIC OR PRIVATE UTILITY means any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment, distribution or supply of water;
(c) facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d) storm sewage drainage facilities;
(e) telecommunications systems;
(f) systems for the distribution of artificial light or electric power;
(g) facilities used for the storage of telephone, cable, remote weather stations or internet
infrastructure;
(h) any other things prescribed by the Lieutenant Governor in Council by regulation.
R
RECREATION, PRIVATE means sports or recreational or retreat activities, use, facilities including
associated eating and retail areas, provided by commercial for-profit and non-profit businesses where
the public is admitted for a fee or where admission is limited to members of an organization or limited
group. Such uses include, but are not limited to, gymnasiums, athletic/sport fields, shooting ranges,
paint-ball, go-cart tracks, golf courses and ranges, outdoor mini-golf, recreation centres, indoor/outdoor
ice rinks, campgrounds, retreats and country clubs.
RECREATION, PUBLIC means sports or recreational or retreat activities, uses or facilities, including
associated eating and retail areas, for public use which are public-owned or operated (i.e. municipal,
provincial, or federal including local boards, agencies or commissions of the Village). Such uses include,
but are not limited to, gymnasiums, athletic/sports fields shooting ranges, paint-ball, go-cart tracks, golf
courses and ranges, outdoor mini-golf, recreation centres, indoor/outdoor ice rinks, campgrounds,
retreats, and country clubs.
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USE REGULATION
USE REGULATION
RECREATIONAL VEHICLE / HOLIDAY TRAILER means a transportable living unit, designed to be moved
on its own wheels or by other means (including units permanently mounted on trucks), designed or
constructed to be used for sleeping or living purposes on a short-term, temporary basis. Such living
units are subject to highway safety standards rather than housing standards. Typical units include, but
are not limited to motor homes, campers, holiday trailers, travel trailers, fifth wheel trailers, tent trailers
and park model trailers. These units are not permitted as permanent dwellings.
RECREATIONAL VEHICLE STORAGE - SEE OUTDOOR STORAGE
RECYCLING FACILITY means a development for the purchasing, receiving and/or temporary storage of
discarded articles, provided that the use does not generate a detrimental effect or nuisance beyond the
parcel or lot upon which it is situated. This use may involve supplementary production of by-products or
materials and includes bottle, can, and paper recycling depots.
RELIGIOUS ASSEMBLY FACILITY means a building whose primary purpose is to facilitate meetings of a
group of people for public worship or religious activities.
RETAIL means commercial premises where goods, merchandise, substances, articles, and other
materials, are offered for sale to the general public. These uses exclude cannabis retail stores,
warehouse sales and the sale of gasoline, heavy agricultural and industrial equipment, alcoholic
beverages, or retail stores requiring outdoor storage. Minor government services, such as postal
services, are permitted within general retail stores.
S
SANDBLASTING FACILITIES means a business where the major source of activity involves the large scale
sandblasting of agricultural, industrial or other equipment/items. Sandblasting facilities may also
include welding and painting facilities on-site.
SCHOOL means a place of instruction offering courses of study. Included in the category are public,
private, and separate schools.
SECONDARY SUITE means a facility containing cooking facilities, food preparation area, sleeping and
sanitary facilities, which is physically separate from those of the principal dwelling within the structure.
A secondary suite shall also have an entrance separate from the entrance to the principal dwelling,
either from a common indoor landing or directly from the exterior of the structure.
SENIOR CITIZENS HOUSING means a dwelling unit or accommodation sponsored and administered by
any public agency or any non-profit organization, either of which obtains its financial assistance from
Federal, Provincial, or Municipal Governments or agencies or public subscriptions or donation or any
combinations thereof. Senior citizen accommodation may include lounge, dining, health care, and
recreation facilities. Also see ASSISTED LIVING.
SERVICE STATION or GAS BAR means any lot or building used for the retail sale of motor accessories,
gasoline or other fuels and the supply of washing, greasing, cleaning and minor repair services for motor
vehicles.
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USE REGULATION
USE REGULATION
SHIPPING CONTAINER means any container that is or was used for transport of goods by means of rail,
truck or by sea. These are generally referred to as a C-Container, sea cargo container, sea can or cargo
container. Such containers are typically rectangular in shape and are generally made of metal. For the
purposes of this bylaw, when such a container is used for any purpose other than transporting freight, it
will be considered as a structure, must conform to these regulations and require a development permit.
SHOW HOME means a finished dwelling unit which has been staged with appliances, furniture, and
decorations for the viewing public as a sales tool. A show home may or may not contain a sales office
for the development.
SIGN means any object, structure, fixture, placard, device and components, or portion thereof, which is
used to advertise, identify, communicate, display, direct or attract attention to an object, matter, thing,
person, institution, organization, business, product, service, event or location by any means.
SOLAR PANEL means a panel designed to absorb the sun rays as a source of energy for generating
electricity or heating.
SWIMMING POOL means a structure, basin or tank containing or artificially created pool of water
greater than 600 mm in depth at any point, and is used for swimming, recreation, bathing, diving,
wading, healing or therapy, religious rituals, or other purposes and includes all buildings, equipment,
and facilities used in connection with it.
T
TELECOMMUNICATION ANTENNA means a structure and any associated system, including all masts,
towers and other antenna supporting structures that is used for the transmission, emission or reception
of television, radio, internet, or telecommunication.
TOURIST HOME / SHORT TERM RENTAL means a dwelling unit operated as a rental or lease
accommodation unit, occupied by a guest or guests for a period no to exceed 28 days. The dwelling
owner/operator may or may not be residing in the dwelling during the period it is being occupied by the
guests.
TOURIST INFORMATION means a development intended to provide information to the travelling public
and may include washroom and picnic facilities and accessory retail sales.
TOWING OPERATION means a business engaged in transporting vehicles to an alternate location.
TOWING OPERATION means a business engaged in transporting vehicles to an alternate location which
may include the storage of vehicles as an accessory use of expressly approved by the Development
Authority.
TRANSPORTATION/DELIVERY SERVICE means development involving the use of one or more vehicles to
transport people, mail, currency, documents, packages and articles for compensation such as a mobile
catering service, the rental or lease of vans and trucks, taxi service, limousine or bus service and may
include limited storage and repair of the vehicles used. This use does not include towing operation.
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USE REGULATION
USE REGULATION
TRANSPORTATION DISPATCH/DEPOT means a facility for the purpose of storing and/or dispatching
trucks, buses, fleet vehicles, and transport vehicles and may include towing operations. The use may
also involve the transfer of goods primarily involving the loading and unloading of freight-carrying
trucks.
TRUCK STOP means a building, premise or land in which or upon which a business, service or industry
involved in the maintenance, servicing, storage or report of commercial vehicles is conducted or
rendered including the dispensing of fuel products, the sale of accessories and/or equipment for trucks
and similar commercial vehicles. A truck stop may also include convenience stores and restaurant
facilities, and may include overnight accommodation facilities solely for the use of truck crews.
TRUCK WASH means a commercial vehicle washing facility associated with large vehicles such as tractor
trailers.
U
USE means the purposes for which land or a building is arranged or intended, or for which either land, a
building or a structure is, or may be, occupied and maintained.
UTILITIES - see PUBLIC OR PRIVATE UTILITY
V
VETERINARY CLINIC - see ANIMAL CARE SERVICE
W
WAREHOUSE means a facility for the storage of commercial goods, materials or equipment.
WASTE MANAGEMENT SITES means a development for the commercial receiving of spent materials,
provided that no detrimental effects or nuisances are generated beyond the parcel upon which it is
situated. This use includes a dry waste site, a hazardous waste management facility and a waste sorting
station. This use does not include a RECYCLING FACILITY.
WASTE MANAGEMENT TRANSFER STATION means a facility for the collection and temporary holding of
solid waste in a transferable storage container.
WASTEWATER TREATMENT PLANT has the same meaning as referred to in the Subdivision and
Development Regulation and as in the Environmental Protection and Enhancement Act. This definition
also includes a wastewater treatment stabilization plant.
WATER TREATMENT PLANT means a facility that treats raw water so that it is safe for human
consumption and then distributes it for human use.
DIMENSIONAL STANDARDS
AND SETBACKS
Schedule 3
DIMENSIONAL STANDARDS AND SETBACKS
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DIMENSIONAL STANDARDS
AND SETBACKS
Schedule 3
DIMENSIONAL STANDARDS AND SETBACKS
SECTION 1
DIMENSIONAL STANDARDS AND MINUMUM SETBACKS
1.1
Tables 3.2.1, 3.3.1 and 3.4.1 list the dimensional standards and setback requirements
that apply to specific uses within each of the land use districts.
1.2
In addition to Schedule 3, Section 1.1, all development in all land use districts, including
structure, sign and screening placement, are required to abide by the directives given in
an Area Structure Plan.
SECTION 2
MINIMUM LOT SIZE
2.1
Minimum Dimensions Table
Table 3.2.1: Minimum Lot Size
Land Use District
Specific Use
Minimum Lot Size
Residential - R
All uses
929.4 m2 (10,000 ft2)
or as required by the MPC
Land Use District
Uses
Width
Length
Area
m
ft
m
ft
m2
ft2
Commercial - C
All uses
7.6
25
35.1
115
267.1
2,875
Industrial - I
All uses
30.5
100
35.1
115
1068.4
11,500
Public - P
All uses
As required by the MPC
2.2
The following definitions apply:
(a) LOT in accordance with the Municipal Government Act, means
(i)
a part of a parcel where the boundaries are separately described in the
certificate of title other than by reference to a legal subdivision;
(ii)
a part of a parcel of land described in a certificate of title if the boundaries of
the part are described in a certificate of title by reference to a plan of
subdivision.
(iii) Where a certificate of title contains one or more lots described in a plan of
subdivision that was registered in a Land Titles Office before July 1, 1950, lot
means parcel.
(b) LOT WIDTH means the horizontal distance between the side lot lines measured at a
point perpendicular to the front property line.
(c) LOT LENGTH means the horizontal distance between the front and the rear lot lines
measured along the median between the side lot lines.
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AND SETBACKS
(d) LOT AREA means the total area of a lot.
(e) CORNER LOT means a lot located at the intersection of two or more streets.
(f)
INTERIOR LOT means a lot situated between two lots or another lot and a lane and
having access to not more than one street.
(g) LOT FRONTAGE means the front lot line or that side of a lot abutting a public
roadway, but does not include any side abutting a lane, unless said lane is the only
means of physical access to a lot.
(h) LOT LINE means a legally defined boundary of any lot. The term property line and
boundary line have the corresponding meaning.
2.3
The Municipal Planning Commission may approve a commercial development on an
existing registered lot the minimum dimensions or area of which are less than those
specified in 2.1 provided that the minimum area allowed is not less than 232.3 m2 (2,500
ft2).
SECTION 3
MINIMUM SETBACKS
3.1
Minimum Setback Table
Table 3.3.1: Minimum Setbacks
Land Use
Districts
Specific Use
Minimum Setbacks
Front
Secondary Front
Side
Rear
Residential - R
m
ft
m
ft
m
ft
m
ft
Single-unit, dwelling
7.6
25
3.8
12.5
1.5
5
7.6
25
2-unit, 3-unit & 4-unit,
apartment, senior
citizen housing
7.6
25
3.8
12.5
3.0
10
7.6
25
Row (interior unit)
7.6
25
common wall
common wall
7.6
25
(end unit)
7.6
25
3.8
12.5
3.0
10
7.6
25
Accessory building
7.6
25
3.8
12.5
1.5
5
1.5
5
Commercial - C
All uses
0
0
0
0
0
0
7.6
25
Where adjacent to R, P
0
0
0
0
6.1
20
7.6
25
Industrial - I
All uses
7.6
25
7.6
25
3.0
10
7.6
25
Where adjacent to R, P
7.6
25
7.6
25
6.1
20
7.6
25
Public - P
All uses
7.6
25
3.8
12.5
3.0
10
7.6
25
3.2
The following definitions apply:
(a) YARD means the area between a lot line and the nearest part of any building,
structure, development, excavation or use on the lot.
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AND SETBACKS
(b) FRONT YARD means a yard extending across the full width of a lot and situated
between the front lot line and the nearest portion of the principal buildings.
(c) SIDE YARD means a yard extending from the front yard to the rear yard and
situated between the side lot lines and the nearest portion of the principal building.
See figure.
(d) REAR YARD means a yard extending across the full width of a lot and situated
between the rear lot lines and the nearest portion of the principal building.
(e) SECONDARY FRONT YARD means a yard on a corner lot with street frontage but
which is not the frontage where the main entrance to the building or development
is oriented or is the yard which is designated the secondary front by the Municipal
Planning Commission.
3.3
Where any lot has more than one front yard line, the front setback requirements shall
apply to one yard, but only one-half the front yard requirement may apply to the other
front yard and that yard shall be considered a secondary front yard.
3.4
Structures that are attached to a principal building are subject to the principal setbacks
excepting the permitted projections in subsection 3.5.
3.5
The following features may, subject to the relevant provisions of Safety Codes, project
into the required setbacks under this bylaw:
(a) unenclosed steps or unenclosed fire escapes;
(b) a wheelchair ramp;
(c) fences/walls to property line in accordance with the applicable district;
(d) driveways, curbs and sidewalks;
(e) off-street parking;
(f)
cooling units not to exceed 0.9 m (3 ft);
(g) mailboxes;
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AND SETBACKS
(h) landscaping, fish ponds, ornaments, flagpoles [less than 4.6 m (15 ft) in height], or
other similar landscaping features;
(i)
temporary swimming pools in accordance with the applicable land use district; and
(j)
signs.
3.6
The portions of and attachments to a principal building which may project over a
setback are as follows:
(a) eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar
architectural features may project over a side setback as permitted under the
relevant provisions of Safety Codes and over a front or rear setback a distance not
to exceed 1.2 m (4 ft);
(b) an uncovered balcony, cantilever, or other similar feature may project over a side
or rear setback a distance not to exceed one-half of the width of the smallest
setback required for the site;
(c) a chimney which is not more than 1.2 m (4 ft) wide and projects not more than
0.3 m (1 ft) into a rear or side setback.
3.7
The Municipal Planning Commission may require increased building setbacks (other
than those listed in Table 3.3.1) if such setbacks would:
(a) help avoid land use conflict;
(b) enhance the appearance of the area.
SECTION 4
FLOOR AREA AND BUILDING HEIGHT
4.1
Floor Area and Building Height Table
Table 3.4.1: Floor Area and Building Height
Land Use Districts
Specific Use
Minimum Floor Area
Maximum Building
Height
Residential - R
m2
ft2
m
ft
Single-unit, dwelling
55.7
600
10.1
33
2-unit, 3-unit, 4-unit & row
dwelling units
55.7
600
10.1
33
Apartment
As required by the MPC
As required by the MPC
Senior citizen housing
As required by the MPC
As required by the MPC
Accessory building
n/a
5.0
16.4
Commercial - C /
Industrial - I
All uses
n/a
10.7
35
Public - P
All uses
n/a
As required by the MPC
4.2
Floor area means the sum of the gross horizontal area of the several floors and
passageways of a building not including basements, attached garages and open porches.
DEVELOPMENT NOT
REQUIRING A PERMIT
Schedule 4
DEVELOPMENT NOT REQUIRING A PERMIT
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DEVELOPMENT NOT
REQUIRING A PERMIT
Schedule 4
DEVELOPMENT NOT REQUIRING A PERMIT
SECTION 1
DEVELOPMENT NOT REQUIRING A PERMIT
1.1
The following developments shall not require a development permit:
(a) any use or development exempted under section 618(1) of the Municipal
Government Act;
(b) any use or development exempted by the Lieutenant Governor in Council pursuant
to section 618(4) of the Municipal Government Act;
(c) the completion of a building which was lawfully under construction at the date this
bylaw came into effect provided that the building is completed in accordance with
the terms and conditions of any development permit granted;
(d) the completion of a building that did not require a development permit under the
previous Land Use Bylaw and which was lawfully under construction provided the
building is completed within 12 months from the date this bylaw came into effect.
1.2
The following developments shall not require a development permit, but must
otherwise comply with all other provisions of this bylaw:
(a) the maintenance or repair of any building provided that the work does not include
structural alterations or additions;
(b) interior renovations to a building which do not:
(i)
create another dwelling unit,
(ii) increase parking requirements, or
(iii) result in the change of use of a building;
(c) the temporary placement or construction of works, plants or machinery (not
including shipping containers) needed to construct a development for which a
development permit has been issued for the period of those operations;
(d) the maintenance or repair of public works, services and utilities on publicly owned
or administered land carried out by or on behalf of federal, provincial, municipal or
public authorities;
(e) any structure placed on a lot which is 11.1 m2 (120 ft2) or less in area that is not on
a permanent foundation;
(f)
in all districts the erection, maintenance or alteration of a fence, gate, wall, hedge
or other means of enclosure that does not exceed 0.9 m (3 ft) in height in any front
yard and 1.8 m (6 ft) in height in any secondary front, rear or side yard;
(g) in the Industrial land use district, the erection, maintenance or alteration of a
fence, gate, wall, hedge, or other means of enclosure;
(h) landscaping that was not required as part of the original development permit;
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REQUIRING A PERMIT
(i)
any satellite dish less than 0.9 m (3 ft) in diameter;
(j)
temporary outdoor swimming pools and above ground hot tubs; must meet
provincial Safety Codes;
(k) the installation of cement or other hard surface material that is not to be covered
or partially covered by a roof or other shelter;
(l)
excavation, grading, stripping, or stockpile provided it is part of a development for
which a development permit has been issued or is addressed in a signed
Development Agreement with the Village of Glenwood;
(m) the construction of uncovered decks or patios 0.6 m (2 ft) or lower to ground level
(a covered deck shall require a development permit); and
(n) the replacement of any existing structures or buildings.
If there is a doubt to whether a development is of a kind listed above, the matter shall
be decided by the Municipal Planning Commission.
GENERAL
DEVELOPMENT STANDARDS
Schedule 5
GENERAL DEVELOPMENT STANDARDS
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GENERAL
DEVELOPMENT STANDARDS
Schedule 5
GENERAL DEVELOPMENT STANDARDS
Except for more specific, alternative or contradictory standards as may be set forth within the
Residential Standards found in Schedule 6 or the Commercial / Industrial Standards found in Schedule 7,
the following standards apply to all uses in all districts.
SECTION 1
STATUTORY PLANS
1.1
Where the policies, rules or procedures indicated in a statutory plan vary, supplement,
reduce, replace or qualify the requirements of this bylaw for a particular district or
districts, the policies, rules or procedures indicated in the statutory plan shall take
precedence.
SECTION 2
APPROVAL OF ACCESS
2.1
Location of the access to each development from a public roadway should be shown on
the plot plan submitted with the application for a development permit and is subject to
the approval of the Development Officer or Municipal Planning Commission.
SECTION 3
DESIGN AND ORIENTATION OF BUILDINGS, STRUCTURES AND SIGNS
3.1
Subject to the requirements of the Safety Codes, the Municipal Planning Commission
may require that buildings be physically accessible to disabled persons.
SECTION 4
DEVELOPMENT OF LANDS SUBJECT TO SUBSIDENCE, UNDERMINING OR FLOODING
4.1
If in the opinion of the Municipal Planning Commission, land upon which development is
proposed is subject to subsidence, mass wasting, flooding or undermining, the
Municipal Planning Commission may require the applicant to submit a structural
building plan prepared and sealed by an engineer, and/or a slope stability analysis,
and/or geotechnical report, and/or flood mapping prepared by an engineer
demonstrating that any potential hazards can be mitigated.
SECTION 5
GRADING AND STORMWATER MANAGEMENT
5.1
The Municipal Planning Commission may require as a condition of development
approval:
(a) engineered grading and drainage plans for the development and legal survey
demonstrating that engineered grades have been met;
(b) grading and other measures, as appropriate, to control surface drainage, reduce or
eliminate grade difference between adjacent lots, and minimize erosion or slope
instability;
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DEVELOPMENT STANDARDS
(c) the final grades of the development must be approved by the Municipal Planning
Commission before the issuance of a development permit;
(d) the applicant is responsible for ensuring adherence to final grades.
5.2
The construction of a retaining wall whenever, in the opinion of the Municipal Planning
Commission, significant differences in grade exist or will exist between the lot being
developed and any adjacent lot or roadway. Where a retaining wall is required, the
applicant shall submit to the Development Officer plans identifying the design and
specifications of development for review and approval by the accredited Safety Codes
Officer.
5.3
Roof and surface drainage shall be directed either to the public roadway fronting the
property, or as approved by the Development Officer, to a rear or side property
boundary or as approved in an engineered storm water management plan.
5.4
When discharging, storm water connections or sump hoses must be greater than 1.8 m
(6 ft) from the front property line.
SECTION 6
SHIPPING CONTAINERS
6.1
A shipping container may be placed temporarily on a construction site for the period of
associated with construction or moving, with an approved development permit, subject
to the following provisions:
(a) Temporary shipping containers are subject to the standards in subsection 6.1, 6.2
and 6.3 of this schedule.
(b) The construction or moving site is active (i.e. has commenced and is on-going or is
about to commence within one week) and may only remain on site until the
building is to lock-up stage, or by the date stated for removal on the development
permit, whichever comes first unless an extension has been applied for and
granted; placement of a shipping container on an inactive construction site is
prohibited.
(i)
in no case shall a temporary permit be valid for over 12 months, unless an
extension is applied for and approved by the Development Officer prior to the
original date for removal.
(c) Setbacks for a temporary shipping container shall be as required by the
Development Officer.
(d) The temporary shipping container shall be removed immediately upon completion
of construction or sooner as may be required by the Development Officer.
6.2
A temporary shipping container in a district where is it is listed as a use is subject to the
following additional provisions:
(a) Only 1 container to a maximum of 40 ft (12.2 m) in length or 2 containers not
exceeding a total of 40 ft (12.2 m) in length, is allowable on a parcel of land. Note
that "not more than 1 container" is to be interpreted as up to 2 containers with a
cumulative length not exceeding 40 ft. (12.2 m).
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(b) The maximum lot coverage and setback requirements for accessory structures in
the applicable land use district.
(c) The shipping container may only be permitted in the secondary front, rear, or side
yard.
(d) The shipping container shall not display advertising, company logos, names or
other marketing.
6.3
Any shipping container shall be subject to the following general standards:
(a) An application for a development permit for a proposed shipping container must
be completed and submitted to the Development Officer accompanied by the
applicable application fee and a minimum of four recent colour photographs of
each container (one of each side view).
(b) There shall be a legally existing or approved primary use on the property where the
shipping container is proposed.
(c) A $2500.00 deposit will be required as a condition of the development permit to
ensure compliance with the conditions of approval. The deposit must be submitted
prior to the placement of the shipping container on the site. This is applicable to
both temporary and permanent shipping containers.
(d) The Development Officer may regulate the maximum number of shipping
containers permitted on a lot.
(e) The Development Officer may require as a condition of approval that a shipping
container(s) be screened from view or landscaped to make it aesthetically pleasing.
(f)
The Development Officer may require as a condition of approval that any shipping
container be sandblasted and/or painted a neutral or complementary colour to
match the existing building(s) on the property.
(g) The Development Officer may require as a condition of approval that the exterior
of the shipping container be kept clean and regularly painted in a neutral or
complementary colour to match the existing building(s) on the property.
SECTION 7
TELECOMMUNICATION ANTENNA SITING PROTOCOLS (also APPENDIX B)
7.1
Telecommunication, radio communication and broadcast antenna systems are regulated
by Industry Canada. An applicant proposing to locate a telecommunication, radio
communication or broadcast antenna system within the Village which does not meet
the exclusion criteria in Appendix B shall be subject to the following siting protocols:
(a) Co-utilization
The applicant shall be requested to identify any other similar antenna systems
within a radius of 500 m (1,640 ft) of the proposed location and to provide
documentary evidence that co-utilization of the existing antenna systems is not a
viable alternative to the proposed antenna.
(b) Siting Options
The applicant shall be requested to identify siting options and any alternative
locations considered.
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(c) Appearance
Antenna systems which are visible from residential areas are encouraged to employ
innovative design measures such as a monopole construction to mitigate the visual
impact of the antenna system.
(d) Landscaping
The landscaping requirement of the land use district in which the development is
proposed should be integrated into the site design, except where existing site
vegetation is deemed comparable by the Municipal Planning Commission to the
land use district requirements.
(e) Lighting and Signage
(i)
Lighting in addition to that which is required by applicable federal agencies
shall be avoided. Security lighting may be considered provided it meets the
requirements of the applicable land use district.
(ii) Only signage that is required by applicable federal agencies is permitted. No
advertising signage shall be permitted.
(f)
Municipal Concurrence
(i)
The applicant shall be required to present the proposed development to the
Municipal Planning Commission at a public meeting and submit the following
plans at least two weeks before the scheduled meeting: site plan identifying
the location of the proposed development, access, distance from property
lines, easements, rights-of-way or any other development constraint on the
property, proposed fencing or other security measures, and landscaping plan;
and antenna height, type, design, material, appearance and lighting.
(ii) Upon conclusion of the public consultation process, the Municipal Planning
Commission will issue a response to the applicant in writing indicating either
concurrence of the proposed development or specific concerns or comments
relating to the antenna system.
(g) Public Consultation
(i)
The applicant shall be required to hold a public meeting before the Municipal
Planning Commission at the Village office or another location approved by the
Village administration to explain all aspects of the proposed development,
including but not limited to siting, technology and appearance of the
structure.
(ii) The Village will notify all land owners within a distance of 500 m (1,640 ft) of
the proposed structure at the expense of the applicant.
RESIDENTIAL
DEVELOPMENT STANDARDS
Schedule 6
RESIDENTIAL DEVELOPMENT STANDARDS
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Schedule 6
RESIDENTIAL DEVELOPMENT STANDARDS
The following standards are applicable to residential development. Sections 1-12 are applicable to all
residential development types. Sections 13-14 are applicable to specific residential development types.
SECTION 1
ACCESSORY BUILDINGS
1.1
The first accessory building, which is 11.1 m² (120 ft2) or less in area, placed on a parcel
does not require a development permit, but any second or subsequent accessory
building regardless of size shall require a development permit and the Municipal
Planning Commission may limit the number of accessory buildings on a lot.
1.2
Accessory buildings shall be located at least 1.2 m (4 ft) from the principal building.
1.3
Accessory buildings shall be constructed such that eaves shall be no closer than 0.6 m
(2 ft) from a side lot line or rear lot line and all drainage is conducted to the appropriate
storm drain via the applicant's own property.
1.4
Accessory buildings or structures shall not be located in the front yard in relation to the
principal building.
1.5
No accessory building, structure and/or use shall be allowed in the Village unless a
principal building, structure or use is in existence on the property or a duly issued permit
has been approved by the Village for the construction of the principal building, structure
or use.
1.6
The maximum height for an accessory building or structure shall be 5.0 m (16.4 ft).
SECTION 2
APARTMENTS AND MULTI-UNIT DWELLINGS
Apartment and multi-unit dwellings are subject to the following additional standards:
2.1
A site plan shall be submitted with the development permit application as referred to in
Section 26 of the Administration component of this Land Use Bylaw.
2.2
A minimum 1.5 m (5 ft) wide landscaped buffer strip is required between a parking lot
and an adjacent residential lot.
SECTION 3
EASEMENTS
3.1
All permanent structures shall be located a minimum of 3.0 m (10 ft), or such greater
distance as required by the Municipal Planning Commission, from an easement
registered for the protection of municipal water mains and sewer mains or any other
infrastructure, as determined by the municipality.
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3.2
No structures shall be located within a registered easement.
SECTION 4
CORNER VISIBILITY
4.1
Street Corner Visibility
On a corner lot, nothing shall be erected, placed, planted or allowed to grow in a
manner which may restrict traffic visibility at street intersections, between 0.9 m (3 ft)
and 3.0 m (10 ft) above the centre line grades of the intersecting streets in the area
bounded by the property lines of such corner lots and a line joining points along the said
property line 6.1 m (20 ft) from the point of intersection (see Figures 6.1 and 6.2).
Figure 6.1
Figure 6.2
SECTION 5
DRIVEWAYS, OFF-STREET PARKING REQUIREMENTS AND DESIGN STANDARDS
5.1
Driveways shall be a minimum of 3.0 m (10 ft) from the entrance to a lane, and 4.6 m
(15 ft) from the intersection of two public roadways (see Figure 6.3).
Figure 6.3
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SECTION 6
FENCES
6.1
Fencing on corner lots are subject to Schedule 6 subsection 4.1 restrictions in regard to
street corner visibility, wherein nothing shall be erected, placed, planted or allowed to
grow in a manner which may restrict traffic visibility at street intersections, between
0.9 m (3 ft) and 3.0 m (10 ft) above the centre line grades of the intersecting streets in
the area bounded by the property lines of such corner lots and a line joining points
along the said property line 6.1 m (20 ft) from the point of intersection.
6.2
The use of razor wire is not permitted.
6.3
The use of electric or electrified fencing is permitted only upon the condition that safety
signage is properly and prominently placed.
6.4
A fence shall not be erected or maintained on a property or separating adjoining
properties unless it is:
(a) upright;
(b) sufficiently sturdy so as to not present a hazard of toppling or collapsing; and
(c) made of materials of good quality and suitable for the purpose.
SECTION 7
RETAINING WALLS, GRADING AND DRAINAGE
7.1
The Municipal Planning Commission may require:
(a) the construction of a retaining wall, including submittal of an engineered design as
a condition of development if significant differences in grade exist or will exist
between the lot to be developed and adjacent parcels;
(b) the provision of engineered grading and drainage plans for the development;
(c) special grading and/or paving to prevent drainage problems with neighbouring lots
as a condition of a development permit.
7.2
The discharge of sump hoses into the Village's sanitary sewer system shall be
prohibited.
SECTION 8
SITE LIGHTING
8.1
Site lighting may be required as a condition of development and shall be located,
oriented and shielded so that it does not adversely affect adjacent properties.
SECTION 9
REFUSE COLLECTION AND STORAGE
9.1
Refuse and garbage shall be kept in an enclosure for each use within each land use
district.
9.2
All refuse on any construction site shall be properly screened or placed in an approved
enclosure until removed for disposal.
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SECTION 10
SERVICING
10.1
All principal use development shall be required to connect to both the municipal water
supply and sewage system.
10.2
Any development that is not currently connected to the municipal water and sewage
system must pay for the cost to install those services to the specified Village standards
with the understanding that the newly installed services and associated infrastructure to
the property line belongs to the Village, or wait until a servicing project is identified as a
capital priority of Council.
SECTION 11
DEVELOPMENT AND SERVICING AGREEMENTS
11.1
The Municipal Planning Commission may require, with respect to a development, that
as a condition of issuing a development permit, the applicant enter into an agreement
with the municipality, pursuant to section 650(1) of the Municipal Government Act, to
do any or all of the following:
(a) to construct or pay for the construction of a road required to give access to the
development;
(b) to construct or pay for the construction of off-street, or other parking facilities
and/or loading and unloading facilities in commercial and industrial districts;
(c) to install or pay for the installations of public utilities, including but not limited to
underground electrical and fibre optic services, that are necessary to the
development;
(d) to pay an off-site levy or redevelopment levy;
(e) to give security to ensure that the terms of the agreement under this section are
carried out as outlined in the current Rates, Fees and Charges Bylaw.
11.2
The Municipal Planning Commission may require, with respect to a subdivision that as a
condition of issuing an approval for a subdivision, the applicant enter into an agreement
with the municipality, pursuant to section 655(1)(b) of the Municipal Government Act.
11.3
An agreement referred to in this section may require the applicant for a development
permit or subdivision approval to oversize improvements in accordance with section
651 of the Municipal Government Act.
11.4
A municipality may register a caveat under the Land Titles Act with respect to an
agreement under this section against the certificate of title for the land that is the
subject of the development, or for the parcel of land that is the subject of the
subdivision.
11.5
If a municipality registers a caveat under this section, the municipality must discharge
the caveat when the agreement has been complied with.
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SECTION 12
PRIVATE SWIMMING POOLS
12.1
Private swimming pools shall be classified as an accessory structure.
12.2
Any private swimming pool with a design depth greater than 0.6 m (2 ft) shall be
constructed and fenced in accordance with Safety Codes requirements.
12.3
Temporary above ground swimming pools and above ground hot tubs do not require a
development permit, but are subject to Safety Codes and may require a building permit.
SECTION 13
MANUFACTURED HOMES
Single-detached prefabricated dwelling means:
- a dwelling unit or portions of a dwelling unit that is built in a factory or portions of
dwelling units that are built in a factory or location other than on the lot intended for
occupancy;
- includes modular, ready-to-move and panellized dwellings;
- manufactured in accordance with CSA and the Alberta Building Code,
- is not constructed with a permanent hitch, chassis or other device allowing transport
of the unit other than for the purpose of delivery to a permanent site.
This definition does not include, park model recreational units, park model trailers or travel
trailers.
Requirements for Manufactured Homes
A unit that meets CSA standards and building code (CSA A-277)
Dwelling is securely fastened and placed on:
Basement
Concrete slab
Concrete strip footing
Pile or pier footing
Minimum floor area shall not be less than 55.74 m2 (600 ft2)
13.1
A development permit for a manufactured home must be issued by the Municipal
Planning Commission.
13.2
As a condition of approval the Municipal Planning Commission, at their discretion, may
place other conditions on a development permit including the requirement that the
developer provide fencing, address drainage issues, or other such matters it considers
necessary.
13.3
A limit of the time completion and full compliance with all stipulated requirements shall
be established by the Municipal Planning Commission at the time of the application.
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SECTION 14
MOVED-IN BUILDINGS
Moved-in building means a previously used or existing building which is removed from a site
and transported then placed on another site.
14.1
The building and the land upon which it is to be located shall be subject to all conditions
and regulations specified for the particular land use district.
14.2
The building shall comply with all provincial, municipal, health, and fire regulations. A
report by a building inspector regarding each application shall be filed before any such
application shall be considered by the Municipal Planning Commission.
14.3
The requirements of the building shall be established by the Municipal Planning
Commission at the time of approval and shall form a part of the conditions of the
development permit.
14.4
A limit of the time completion and full compliance with all stipulated requirements shall
be established by the Municipal Planning Commission at the time of the application.
14.5
The application should be accompanied by recent colour photographs of all elevations
of the moved-in building.
14.6
The Municipal Planning Commission may require a security bond, as referred to in the
current Rates, Fees and Charges Bylaw, to ensure the conditions of the development
permit are met. If the cost to complete the work in the conditions of the approval is
greater than the security bond, construction may be completed by the Village and
additional costs may be charged against the property tax.
14.7
All moved-in buildings shall obtain any necessary building inspections, fire code
requirements, and/or any municipal, provincial, or federal approvals that are necessary
for the relocation of the said structure.
SECTION 15
MULTI-PURPOSE DWELLING
MULTI-PURPOSE DWELLING means a dwelling unit that is contained, wholly or partly, within an
accessory building that appears, predominantly, as an accessory building and shall be
considered either the principal dwelling or a second dwelling unit on the parcel.
15.1
The combined building may have the dwelling unit located on the main or second floor
and shall have an entrance separate from the entrance to the accessory building either
from a common indoor landing or from the exterior of the structure.
15.2
The dwelling unit portion of a multi-purpose dwelling shall:
(a) have a minimum floor area of 74.3 m2 (800 ft.2), and
(b) appropriate separation between the dwelling unit and accessory building shall be
maintained in accordance with the Alberta Safety Codes Act.
15.3
The maximum height of the doors in the accessory portion of the building should not
exceed 4.2 metres (14 ft.)
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15.4
A Multi-purpose dwelling shall only be approved where the proposed building is of a
style (ie. design, building materials, window placement etc.) that is, in the opinion of the
Municipal Planning Commission, appropriate in a residential district.
SECTION 16
TOURIST HOME / SHORT TERM RENTAL
A tourist home / short term rental (Tourist home) means a dwelling unit operated as an
accommodation unit, occupied by a guest or guests for a period of less than 28 days.
16.1
Tourist homes are prohibited in any land use district except where they are expressly
listed as a discretionary use.
16.2
Where approved, tourist homes shall be developed and operated in accordance with
the following regulations in order to ensure that the impacts of this commercial use do
not unduly affect the amenities of the residential neighbourhood in which they are
located:
(a) Tourist homes require a development permit. A permit may be revoked at any
time if, in the opinion of a designated officer, the operator has violated any
provision of this bylaw or the conditions of a permit.
(b) The Development Authority may establish a maximum number of guests that are
allowed as a condition of approval for a Tourist home.
(c) Tourist homes shall not interfere with the rights of other residents to quiet
enjoyment of a residential neighbourhood.
16.3
The operator of the tourist home shall:
(a) keep and maintain, or have kept and maintained by a company or individual
identified in the development permit application, a guest register;
(b) provide 1 on-site (ie. off-street) parking stall per bedroom. Parking stalls may be
allowed in a tandem arrangement at the discretion of the Development Authority;
(c) not display any form of advertising related to the tourist home except as provided
for in this bylaw and until after a development permit is issued;
(d) ensure that all parts of the dwelling conforms to the Alberta Safety Codes Act.
COMMERCIAL / INDUSTRIAL
DEVELOPMENT STANDARDS
Schedule 7
COMMERCIAL / INDUSTRIAL
DEVELOPMENT STANDARDS
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COMMERCIAL / INDUSTRIAL
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Schedule 7
COMMERICAL / INDUSTRIAL DEVELOPMENT STANDARDS
The following standards are applicable to commercial and industrial development.
SECTION 1
EASEMENTS
1.1
All permanent structures shall be located a minimum of 3.0 m (10 ft), or such greater
distance as required by the Municipal Planning Commission, from an easement
registered for the protection of municipal water mains and sewer mains or any other
such infrastructure, as determined by the municipality.
1.2
No structures shall be located within a registered easement.
SECTION 2
CORNER VISIBILITY
2.1
Street Corner Visibility
On a corner lot, nothing shall be erected, placed, planted or allowed to grow in a
manner which may restrict traffic visibility at street intersections, between 0.9 m (3 ft)
and 3.0 m (10 ft) above the centre line grades of the intersecting streets in the area
bounded by the property lines of such corner lots and a line joining points along the said
property line 6.1 m (20 ft) from the point of intersection (see Figures 7.1 and 7.2).
Figure 7.1
Figure 7.2
SECTION 3
FENCING
3.1
The use of barbed wire below a height of 1.8 m (6 ft) is not permitted.
3.2
The use of razor wire is not permitted.
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DEVELOPMENT STANDARDS
3.3
Fencing shall not be permitted to be constructed within any developed or undeveloped
roadway or laneway right-of-way. Removal of such fencing will be at the property
owner's expense.
3.4
The use of electric or electrified fencing is permitted only upon the condition that safety
signage is properly and prominently placed.
3.5
A fence shall not be erected or maintained on a property or separating adjoining
properties unless it is:
(a) upright;
(b) sufficiently sturdy so as not to present a hazard of toppling or collapse; and
(c) made of materials of good quality and suitable for the purpose.
SECTION 4
RETAINING WALLS, GRADING AND DRAINAGE
4.1
The Municipal Planning Commission may require:
(a) the construction of a retaining wall, including submittal of an engineered design as
a condition of development if significant differences in grade exist or will exist
between the lot to be developed and adjacent parcels;
(b) the provision of engineered grading and drainage plans for the development;
(c) special grading and/or paving to prevent drainage problems with neighbouring lots
as a condition of a development permit.
4.2
The discharge of sump hoses into the Village's sanitary sewer system shall be
prohibited.
SECTION 5
OUTDOOR DISPLAY AND STORAGE
5.1
Temporary outdoor display of goods, materials, and equipment for advertising and sale
purposes may be permitted in the front yard provided the display does not present a
safety hazard.
5.2
The Municipal Planning Commission may impose conditions related to screening,
buffering or landscaping of any outdoor display areas.
5.3
Outdoor storage areas shall not be permitted within the front yard.
5.4
Outdoor storage areas adjacent to a residential lot shall be effectively screened by an
opaque fence of at least 1.8 m (6 ft) in height or other suitable screening to the
satisfaction of the Municipal Planning Commission.
SECTION 6
MITIGATION OF IMPACTS FROM NOISE, ODOR, VIBRATION AND AIR QUALITY
6.1
Where, in the opinion of the Municipal Planning Commission, a development has the
potential to create negative impacts on adjacent uses and/or nearby residential
development in the form of noise, odor, vibration and/or air quality, the applicant may
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DEVELOPMENT STANDARDS
be required to submit a mitigation plan demonstrating how impacts will be mitigated
prior to a decision being made on the application.
6.2
A mitigation plan is required as a condition of approval as well as any other measures
deemed necessary by the Municipal Planning Commission to mitigate impacts pursuant
to subsection 6.1 above.
SECTION 7
ACCESORY BUILDINGS
7.1
Accessory buildings shall be located at least 1.2 m (4 ft) from the principal building.
7.2
Accessory buildings shall be constructed such that eaves shall be no closer than 0.6 m
(2 ft) from a side lot line or rear lot line and all drainage is conducted to the appropriate
storm drain via the applicant's own property.
7.3
Accessory buildings or structures should not to be located in the front yard in relation to
the principal building unless authorized by the Municipal Planning Commission.
SECTION 8
MOVED-IN BUILDINGS
8.1
The building and the land upon which it is to be located shall be subject to all conditions
and regulations specified for the particular land use district.
8.2
The building shall comply with all provincial and municipal health and fire regulations
prior to occupancy and release of cash deposit. A report by a building inspector
regarding each application shall be filed before any such application shall be considered
by the Municipal Planning Commission.
8.3
The requirements of the building shall be established by the Municipal Planning
Commission at the time of approval of the application and shall form a part of the
conditions of the development permit.
8.4
A limit of the time of completion and full compliance with all stipulated requirements
shall be established by the Municipal Planning Commission at the time of the approval
of the application.
8.5
The application should be accompanied by recent colour photographs of all elevations
of the moved-in building.
8.6
The Development Officer may require a security bond, as referred to in the current
Rates, Fees and Charges Bylaw, to ensure the conditions of the development permit are
met. If the cost to complete the work in the conditions of the approval is greater than
the security bond, construction may be completed by the Village and additional costs
may be charged against the property tax.
8.7
All moved-in buildings shall obtain any necessary building inspections, fire code
requirements, and/or any municipal, provincial, or federal approvals that are necessary
for the relocation of the said structure.
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DEVELOPMENT STANDARDS
SECTION 9
GAS BARS, SERVICE STATIONS AND BULK FUEL STATIONS
9.1
Notwithstanding the District Regulations, a use pursuant to this section shall not be
located on sites, which, in the opinion of the Municipal Planning Commission, would be
considered unsafe in terms of vehicle circulation, and access and egress from the site.
9.2
Site Area (Minimum)
(a) Gas Bar: ¼ acre (1,012 m2 / 10,890 ft2)
(b) Service Station: ¼ acre (1,012 m2 / 10,890 ft2)
(c) Gas Bar or Service Station including Car Wash: ½ acre (2,023 m2 / 21,780 ft2)
(d) Where a service station or gas bar is combined with a convenience store: ½ acre
(2,023 m2 / 21,780 ft2)
(e) Bulk Fuel Station: ½ acre (2,023 m2 / 21,780 ft2)
9.3
Site and Building Requirements
All parts of the site to which vehicles may have access shall be hard-surfaced if the
property is accessed from a paved public road or lane, and drained to the satisfaction of
the Municipal Planning Commission.
9.4
The maximum building coverage for a use under this section shall be 25 percent of the
site area unless authorized by the Municipal Planning Commission.
SECTION 10
HORTICULTURE OR GREENHOUSES
Horticulture or Greenhouses may be permitted if they meet the requirements generally
provided within this bylaw for Commercial/Industrial zones:
10.1
Only doors that can open completely without violating the minimum setback distances
to property lines, roadways, rights-of-way and easements shall be permitted.
10.2
No outdoor storage is permitted on the lot unless it is screened by a minimum 1.8 m
(6 ft) high opaque screening or to the satisfaction of the Municipal Planning
Commission.
10.3
If the lot is directly adjacent to a residential zone, a minimum 1.8 m (6 ft) high opaque
screening must be erected along the border with the residential zone unless lesser
requirements are agreed to by both the Municipal Planning Commission and the
adjacent residential property owner.
10.4
Greenhouse structure drawings must be approved by a qualified engineer and provided
with the development application.
ALTERNATIVE ENERGY
Schedule 8
ALTERNATIVE ENERGY
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Schedule 8
ALTERNATIVE ENERGY
SECTION 1
ALTERNATIVE ENERGY
1.1
All alternative energy sources must follow the Government regulation guidelines.
1.2
Alternative energy projects shall be sized solely for personal consumption.
1.3
Small scale generation regulations states that small scale alternative energy projects
must be connected to a distribution system and a name plate capacity that will not
exceed the electric distribution system hosting capacity at the interconnection point,
typically maximum 25 mega Watts.
1.4
All alternative energy sources must obtain a development permit.
1.5
Roof mounted solar panels are permitted; all other sources are classified as
discretionary and must obtain approval from the Municipal Planning Commission with
the following stipulations and any others as deemed necessary by the Municipal
Planning Commission:
(a) site plan indicating the location of the development on the parcel and all buildings,
structures, registered easements, or rights-of-way, dimensioned to the property
lines and draw to satisfactory scale;
(b) existing and proposed parking, loading areas, abutting streets, avenues and lanes;
(c) photographs and plans of the proposed project indicating:
(i)
rated Kilo Watt output,
(ii)
safety features,
(iii) estimated life span,
(iv) specifications on the anchor and guy wire design,
(v)
engineer plans prepared by a professional for units mounted or attached to a
building, demonstrating that the building can support the equipment.
1.6
Alternative energy sources may include, but are not limited to:
(a) solar panels;
(b) bladeless wind turbine;
(c) blade windmill maximum 1.5 m (5 ft) blade - blades larger than 1.5 m are not
permitted;
(d) geothermal conductors.
CANNABIS REGULATION
Schedule 9
CANNABIS REGULATION
Village of Glenwood Land Use Bylaw No. 192-2019
Page | 83
CANNABIS REGULATION
Schedule 9
CANNABIS REGULATION
SECTION 1
DEFINITIONS
CANNABIS refers to the plant cannabis sativa and is as defined in the Government of Canada
Cannabis Act.
CANNABIS ACCESSORY refers to the products used in the consumption of cannabis and is as
defined in the Government of Canada Cannabis Act.
CANNABIS PRODUCTION FACILITY means development where medical cannabis is grown,
processed, packaged, tested, destroyed, stored or loaded for shipping.
CANNABIS RETAIL STORE means a development for the retail sale of cannabis and cannabis
accessories but does not include cannabis production facility. The use is defined by its
separation from other uses (as defined) as follows:
(a) 25.0 m from the property line of a cannabis retail store to the property line of any
residential district;
(b) 100.0 m from the property line of a cannabis retail store to the property line of a hospital
or school.
SECTION 2
CANNABIS RETAIL STORE
All cannabis retail stores are subject to the following requirements:
2.1
Prior to applying for a municipal development permit for a cannabis retail store, the
applicant is required to apply to the Alberta Gaming and Liquor Commission (AGLC) for a
determination of eligibility to obtain a license, and submit verification of the AGLC
eligibility as part of the development application.
2.2
As part of the development application, the applicant shall demonstrate how the
building location and design comply with all requirements under the Alberta Gaming,
Liquor and Cannabis Regulation.
2.3
That the developer or applicant or owner provide copies of all approved Alberta Gaming
and Liquor Commission licenses as a condition of the development permit.
2.4
The hours of operation for the business shall be limited to 10 a.m. to 5 p.m. daily.
2.5
All signage for the cannabis retail store use shall be in accordance with the Alberta
Gaming, Liquor and Cannabis Regulation.
84 | Page
Village of Glenwood Land Use Bylaw No. 192-2019
CANNABIS REGULATION
SECTION 3
CANNABIS PRODUCTION FACILITY
All cannabis production facilities shall meet the following requirements:
3.1
The owner or applicant must provide as a condition of development a copy of the
current license for all activities associated with cannabis production as issued by Health
Canada.
3.2
The owner or applicant must obtain any other approval, permit, authorization, consent
or license that may be required to ensure compliance with applicable federal, provincial
or other municipal legislation.
3.3
The development must be done in a manner where all of the processes and functions
are fully enclosed within a stand-alone building including all loading stalls and docks,
and garbage containers and waste material.
3.4
The development shall not operate in conjunction with another approved use.
3.5
The development shall not include an outdoor area for storage of goods, materials or
supplies.
3.6
The development must include equipment designed and intended to remove odours
from the air where it is discharged from the building as part of a ventilation system.
3.7
The development must not be within 75.0 metres of a residential or a public
institutional district, measured from the building foundation containing the use to the
nearest property line of a parcel designated as a residential or a public institutional
district.
3.8
The Development Authority may require, as a condition of a development permit, a
public utility and waste management plan, completed by a qualified professional that
includes detail on:
(a) the incineration of waste products and airborne emissions, including smell;
(b) the quantity and characteristics of liquid and waste material discharged by the
facility; and
(c) the method and location of collection and disposal of liquid and waste material.
FORMS AND NOTICES
FORMS AND NOTICES
APPENDIX A
FORMS AND NOTICES
Village of Glenwood
PO Box 1084, 59 Main Avenue
Glenwood, AB, T0K 2R0
403-626-3233 (T)
403-626-3234 (F)
admin@glenwood.ca
Page 1 of 2
Village of Glenwood
Development Application
FORM A
OFFICE USE ONLY
Application #:
Land Use Zone:
Received By:
Required Information Attached?: Y
N
Application Fee:
(Non-Refundable)
Paid?:
Applicant will complete the rest of the form:
I/WE hereby make application under the provisions of the LAND USE BYLAW No. 192-2019 to develop or use land and/or
buildings in accordance with the plans and information submitted, which form a part of this application.
Applicant's Name:
Phone:
Street Address:
Mailing Address:
Email Address:
Registered Owner's Name:
Alt Phone:
(Continue on reverse side of page)
Page 2 of 2
Proposed Development
(Fill out all that apply)
Street Address (if different from above):
Legal Description:
Plan
Block
Lot
Proposed Development:
For Principal Building:
Height
Percentage of lot occupied
Setback from:
Front yard
Rear yard
Side Yard
Square Footage:
Main Floor
Upper Floor
Basement
(If developed)
Garage
Decks
Other
(Specify)
Accessory Building 1:
Height
Percentage of lot occupied
Setback from:
Front yard
Rear yard
Side Yard
Accessory Building 2:
Height
Percentage of lot occupied
Setback from:
Front yard
Rear yard
Side Yard
Additional Application Requirements:
Site Plan (two sets)
Drainage Plan
Building Plans (three sets)
Note: If approved development may proceed only on that portion which has been accounted for herein.
Declaration:
I hereby apply for permission to carry out the development described above and/or on the attached plans and
specifications. I agree to comply with any other bylaws that are applicable. I am aware that I will be required to
pay for all local improvement costs, which include drainage, sidewalks, road base preparation, street lighting, water
& sewer main extensions, utility connection fees and installation cost at the established rate. I further certify that
the owner of the land described above is aware and approves of this application.
Signature of Applicant
Date
Village of Glenwood
Notice of Decision on
Application for a Development Permit
FORM B
DEVELOPMENT APPLICATION NO. ______________
NAME: ______________________________________________________________________________
ADDRESS: ____________________________________________________________________________
In the matter of development of property located at __________________________________________
____________________________________________________________________________________
The development as specified in Application No. ____________________________ has been:
APPROVED
APPROVED subject to the following conditions:
REFUSED for the following reasons:
DATE: ___________________________
SIGNED: _________________________________________
Development Officer
NOTES:
1.
You may appeal this decision by written notice to the Secretary of the Subdivision and Development Appeal
Board within 21 days after date on which the written decision is given under section 642 of the Municipal
Government Act.
2.
A development permit becomes effective 21 days after the date it is issued, unless an appeal is lodged
pursuant to section 683 of the Municipal Government Act. If an appeal is lodged, then a permit will only
become effective upon a Subdivision and Development Appeal Board decision confirming it.
3.
Approval of a development in no way removes the need to obtain any permit or approval required under any
Federal, Provincial or Municipal legislation, order and/or regulations pertaining to the development including
a building permit.
Page 1 of 2
Village of Glenwood
Land Use Bylaw No. 192-2019
Development Permit
Permitted
FORM C
Permit No.:
Applicant Permit Holder(s):
Development Address:
Land Description:
Mailing Address:
Phone No.(s):
This Development Permit is hereby issued subject to the following conditions:
1. That any outstanding permit fees owing be paid in full before commencement of construction.
2. That the construction of the development be implemented as described in the site and building plans presented
at the time of application.
3. The applicant/developer must contact Alberta 1st Call (1-800-242-3447) to locate any utility lines prior to
construction.
4. The development must be implemented in conjunction with the existing landscaping grades of neighboring lots.
All drainage must either be retained on your property or flow street side. The developer is responsible for
implementing a drainage plan to deal with the drainage issues that will or may arise from this development.
NOTE: If the drainage plan fails to properly address the existing collection of storm drainage on and from this lot
as determined by the Chief Administrative Officer, an alternate drainage solution is required to be implemented
to the satisfaction of the Chief Administrative Officer at the developer's expense.
5. If applicable and in the interest of public safety and as required by the Safety Codes Act, the applicant/developer
is responsible for obtaining a Building Permit and any other applicable safety codes permits (i.e. electrical,
plumbing, gas). These are processed through the Safety Code Inspection Agency of your choice.
6. Refuse and garbage during construction shall be kept in appropriate containers and shall be properly screened
and placed in an approved enclosure until removed for disposal. The applicant/developer is responsible for all
construction waste and garbage, and is financially responsible for the clean-up of the same. Note: Those who
fail this condition may be subject to a development fine, as well as associated clean-up costs.
IMPORTANT NOTE: Those who are found in violation of any of these conditions risk having this permit made null and void, thereby
causing this development to be deemed illegal. All illegal developments may be subject to a stop work order, a development fine,
demolition of said development at the developer's expense, or any combination thereof.
Page 2 of 2
You are hereby authorized to proceed with the development specified 21 days after the date on which this permit has
been issued, provided that:
a) any stated conditions are complied with,
b) the development is in accordance with the application and plans as approved, and
c) any applicable safety code permits are also acquired.
Signed:
Date:
Development Officer
TERMS APPLICABLE TO DEVELOPMENT PERMIT
CONDITIONS OF DECISION
The decision on this application applies only to the use and development described in the
decision. A separate application is required for the extension or amendment of a
development permit, or any other development (e.g. signs) not included in this application.
PERMIT EXPIRY
A development for which a permit has been issued must be commenced or carried out
with reasonable diligence within 12 months from the date of its issuance, and completed
within 24 months.
PERMIT NOT TRANSFERABLE
A development permit is valid only for the location and project for which it was issued.
PERMIT AUTHORITY
A development permit indicates that only the development to which it relates is
authorized in accordance with the provisions of the Land Use Bylaw and in no way relieves
or excuses the applicant from complying with the Land Use Bylaw or any other bylaw of
the municipality or any applicable provincial or federal legislation.
OTHER PERMITS AND LICENCES
A development permit is not a building permit, plumbing permit, electrical permit, a
permit to install underground or above-ground fuel tanks, a permit issued by a Public
Health Inspector, or a business license. Other separate permits or licenses may be required
by municipal, provincial or federal authorities.
Page 1 of 2
Village of Glenwood
Land Use Bylaw No. 192-2019
Development Permit
Discretionary
FORM C
Permit No.:
Applicant Permit Holder(s):
Development Address:
Land Description:
Mailing Address:
Phone No.(s):
This Development Permit is hereby issued subject to the following conditions:
1. That any outstanding permit fees owing be paid in full before commencement of construction.
2. That the construction of the development be implemented as described in the site and building plans presented
at the time of application.
3. The applicant/developer must contact Alberta 1st Call (1-800-242-3447) to locate any utility lines prior to
construction.
4. The development must be implemented in conjunction with the existing landscaping grades of neighboring lots.
All drainage must either be retained on your property or flow street side. The developer is responsible for
implementing a drainage plan to deal with the drainage issues that will or may arise from this development.
NOTE: If the drainage plan fails to properly address the existing collection of storm drainage on and from this lot
as determined by the Chief Administrative Officer, an alternate drainage solution is required to be implemented
to the satisfaction of the Chief Administrative Officer at the developer's expense.
5. If applicable and in the interest of public safety and as required by the Safety Codes Act, the applicant/developer
is responsible for obtaining a Building Permit and any other applicable safety codes permits (i.e. electrical,
plumbing, gas). These are processed through the Safety Code Inspection Agency of your choice.
6. Refuse and garbage during construction shall be kept in appropriate containers and shall be properly screened
and placed in an approved enclosure until removed for disposal. The applicant/developer is responsible for all
construction waste and garbage, and is financially responsible for the clean-up of the same. Note: Those who
fail this condition may be subject to a development fine, as well as associated clean-up costs.
IMPORTANT NOTE: Those who are found in violation of any of these conditions risk having this permit made null and void, thereby
causing this development to be deemed illegal. All illegal developments may be subject to a stop work order, a development fine,
demolition of said development at the developer's expense, or any combination thereof.
Page 2 of 2
There is a 21 day appeal period whereby affected individuals may appeal either the granting of this permit or conditions
placed upon it. Therefore, if no appeal has been made, this permit takes effect on:
.
At that time you are hereby authorized to proceed with the development specified, provided that:
a) any stated conditions are complied with,
b) the development is in accordance with the application and plans as approved, and
c) any applicable safety code permits are also acquired.
If such an appeal is made then this permit shall be null and void.
Signed:
Date:
Development Officer
TERMS APPLICABLE TO DEVELOPMENT PERMIT
CONDITIONS OF DECISION
The decision on this application applies only to the use and development described in the
decision. A separate application is required for the extension or amendment of a
development permit, or any other development (e.g. signs) not included in this application.
APPEALS
This Permit is granted as a Discretionary Use Permit based on the regulations
outlined in the Land Use Bylaw. Therefore, you may appeal this order to the
Subdivision and Development Appeal Board according to section 685.2 of the
Municipal Government Act (Chapter M-26). If you wish to exercise this right, then
written notice of appeal with reasons and the applicable fee must be served to the
Secretary of the Subdivision and Development Appeal Board, Village of Glenwood
Office, PO Box 1084, 59 Main Avenue, Glenwood, AB, T0K 2R0 within 21 days
following the date of issuance of this permit.
PERMIT EXPIRY
A development for which a permit has been issued must be commenced or carried out
with reasonable diligence within 12 months from the date of its issuance, and completed
within 24 months.
PERMIT NOT TRANSFERABLE
A development permit is valid only for the location and project for which it was issued.
PERMIT AUTHORITY
A development permit indicates that only the development to which it relates is
authorized in accordance with the provisions of the Land Use Bylaw and in no way relieves
or excuses the applicant from complying with the Land Use Bylaw or any other bylaw of
the municipality or any applicable provincial or federal legislation.
OTHER PERMITS AND LICENCES
A development permit is not a building permit, plumbing permit, electrical permit, a
permit to install underground or above-ground fuel tanks, a permit issued by a Public
Health Inspector, or a business license. Other separate permits or licenses may be
required by municipal, provincial or federal authorities.
Village of Glenwood
Notice of Municipal Planning
Commission Meeting
FORM D
APPLICATION NO. _____________
Notice is hereby given that an application is being made for a development permit with regard to the
following:
NAME OF APPLICANT:
TYPE OF DEVELOPMENT:
LEGAL DESCRIPTION OF SITE:
PLACE OF MEETING: ___________________________________________________________________
TYPE OF MEETING: ____________________________________________________________________
DATE OF MEETING: ____________________________________________________________________
Any person affected by the said proposal has the right to present a written brief prior to the hearing
and/or to be present and be heard at the meeting.
Persons requesting to be heard at the meeting shall submit a written request to be heard to the Village
of Glenwood not later than:
____________________________________________________________________________________
DATE: ___________________________
SIGNED: _________________________________________
Development Officer
Village of Glenwood
Village of Glenwood
Application for Time Extension
FORM E
APPLICATION NO. _____________
I/We __________________________________________________________ being the registered owner
or person authorized to act on behalf of the registered owner with respect to:
Application No. _______________________________________________________________________
For: _________________________________________________________________________________
Located on (legal description): ___________________________________________________________
____________________________________________________________________________________
Do hereby agree to a time extension of: ____________ days, until _____________________________
on the understanding that if a decision has not been made by this time, I may deem the application
refused and appeal to the Subdivision and Development Appeal Board in accordance with the provisions
of the Municipal Government Act.
DATE: ____________________
_____________________________________________________
Signature of Registered Owner/Person Acting on behalf of:
_____________________________________________________
Signature of Witness
DATE: ____________________
_____________________________________________________
Signature of Development Officer - Village of Glenwood
_____________________________________________________
Signature of Witness
Village of Glenwood
STOP ORDER
FORM F
APPLICATION NO. _____________
TO THE REGISTERED OWNER: ____________________________________________________________
ADDRESS: ____________________________________________________________________________
LEGAL DESCRIPTION:
Lot(s) __________________ Block _____________ Plan ___________________
Quarter __________ Section ___________ Township _____________ Range _____________
PLEASE TAKE NOTICE that in accordance with the Municipal Government Act, section 645, you are
HEREBY ORDERED TO:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
BE ADVISED that pursuant to sections 557 and 566 of the Municipal Government Act, a person who
contravenes an order under section 645, is guilty of an offense and is liable to a fine of not more than
$10,000 or to imprisonment for not more than one year, or to both fine and imprisonment; and be
FURTHER ADVISED that pursuant to section 685 of the Municipal Government Act, you may appeal this
order to the Subdivision and Development Appeal Board. If you wish to exercise this right, then written
notice of appeal with reasons and the applicable fee must be served to the Secretary of the Subdivision
and Appeal Board, Village of Glenwood Office, PO Box 1084, 59 Main Avenue, Glenwood, AB, T0K 2R0
within 21 days following the date of issuance of this notice.
DATE: ___________________________
SIGNED: _________________________________________
Development Officer
Village of Glenwood
Village of Glenwood
Application for a
Land Use Bylaw Amendment
FORM G
APPLICATION NO. _____________
APPLICANT: __________________________________________________________________________
ADDRESS: ____________________________________________________________________________
REGISTERED OWNER: __________________________________________________________________
ADDRESS: ____________________________________________________________________________
EMAIL ADDRESS: ______________________________________________________________________
LEGAL DESCRIPTION:
Lot(s) ________________ Block ______________ Plan ___________________
Quarter __________ Section ___________ Township _____________ Range _____________
PROPOSED AMENDMENT:
FROM: ______________________________________________________________________________
TO: _________________________________________________________________________________
APPLICANT'S SUBMISSION:
Please state your reasons for applying for this amendment. Attach a separate sheet if necessary.
____________________________________________________________________________________
____________________________________________________________________________________
REGISTERED OWNER OR PERSON ACTING ON BEHALF OF:
I certify that I am the registered owner or that the registered owner(s) of the land described above is
aware of this application.
Fees Submitted $ _________________
Receipt No. ______________________
DATE: ___________________________
SIGNED: _________________________________________
Applicant
TELECOMMUNICATION ANTENNA
SITING PROTOCOL EXCLUSION LIST
APPENDIX B
TELECOMMUNICATION ANTENNA
SITING PROTOCOL EXCLUSION LIST
Village of Glenwood Land Use Bylaw No. 192-2015
APPENDIX B | 1
APPENDIX B
TELECOMMUNICATION ANTENNA
SITING PROTOCOL EXCLUSION LIST
Industry Canada has determined that certain antenna structures are considered to have minimal impact
on the local surroundings and do not require consultation with the Land Use Authority or the public.
The following excerpt from Industry Canada's publication, "Radiocommunication and Broadcasting
Antenna Systems CPC-2-0-03" lists the types of antenna installations exempted from the requirement to
consult with the local land use authority and the public. The installations listed are therefore excluded
from Schedule 5 Section 7, Telecommunication Antenna Siting Protocol in the Village of Glenwood Land
Use Bylaw.
Section 6. Exclusions
For the following types of installations, proponents are excluded from the requirement to consult with
the land use authority and the public, but must still fulfill the General Requirements outlined in section 7
[of CPC-2-0-03]:
maintenance of existing radio apparatus including the antenna system, transmission line, mast,
tower or other antenna-supporting structure;
addition or modification of an antenna system (including improving the structural integrity of its
integral mast to facilitate sharing), the transmission line, antenna-supporting structure or other
radio apparatus to existing infrastructure, a building, water tower, etc. provided the addition or
modification does not result in an overall height increase above the existing structure of 25% of
the original structure's height;
maintenance of an antenna system's painting or lighting in order to comply with Transport
Canada's requirements;
installation, for a limited duration (typically not more than 3 months), of an antenna system that
is used for a special event, or one that is used to support local, provincial, territorial or national
emergency operations during the emergency, and is removed within 3 months after the
emergency or special event; and
new antenna systems, including masts, towers or other antenna-supporting structure, with a
height of less than 15 metres above ground level. Individual circumstances vary with each
antenna system installation and modification, and the exclusion criteria above should be applied
in consideration of local circumstances. Consequently, it may be prudent for the proponents to
consult the Land Use Authority and the public even though the proposal meets an exclusion
noted above. Therefore, when applying the criteria for exclusion, proponents should consider
such things as:
o the antenna system's physical dimensions, including the antenna, mast, and tower,
compared to the local surroundings;
o the location of the proposed antenna system on the property and its proximity to
neighbouring residents;
APPENDIX B | 2
Village of Glenwood Land Use Bylaw No. 192-2015
o the likelihood of an area being a community-sensitive location; and
o Transport Canada marking and lighting requirements for the proposed structure.
Proponents who are not certain if their proposed structure is excluded, or whether
consultation may still be prudent, are advised to contact the land-use authority
and/or Industry Canada for guidance.
FEE SCHEDULE
APPENDIX C
FEE SCHEDULE
Village of Glenwood Land Use Bylaw No. 192-2019
APPENDIX C | 1
APPENDIX C
FEE SCHEDULE
1.
The following fees shall accompany all applications for developments made with respect to this
Land Use Bylaw:
(a) Residential
single-unit dwelling .................................................................................................. $50.00
garages ..................................................................................................................... $15.00
modular/manufactured homes ................................................................................ $50.00
residential additions ................................................................................................. $50.00
multi-unit dwelling (per unit) ................................................................................... $50.00
special residential uses including half-way houses, group homes
day care, nursing homes, etc. ................................................................................... $50.00
decks, carports ......................................................................................................... $15.00
(b) Commercial, including government office buildings
all commercial buildings ......................................................................................... $200.00
car lots, trailer sales, parking garages, etc. ............................................................ $200.00
(c) Industrial
all industrial and warehouse buildings ................................................................... $200.00
(d) Miscellaneous
all public service buildings .......................................................................................$200.00
Land Use Bylaw amendments (per title) ..................................................................$500.00
request to convene a special meeting of the Subdivision and
Development Appeal Board or the Municipal Planning Commission ......................$300.00
appeal to the Subdivision and Development Appeal Board
(of which $150.00 will be refunded if appeal is successful) .....................................$300.00
2.
Whenever an application is received for a development for a use not listed in this schedule, the
amount of the fee shall be determined by consulting the current Village of Glenwood Rates, Fees
and Charges Bylaw. In the event the required fee is not listed in the current Rates, Fees and
Charges Bylaw, the fee shall be determined by the Development Officer or Municipal Planning
Commission and shall be consistent with those fees listed herein for similar developments.
APPENDIX C | 2
Village of Glenwood Land Use Bylaw No. 192-2019
3.
Whenever, in the opinion of the Development Officer, an application is substantially revised after it
has been submitted, the applicant shall pay a supplementary fee equal to 50 percent of the initial
application fee. Such a supplementary fee shall not be required if changes suggested by the
Development Officer or the Municipal Planning Commission resulted in the revisions.
4.
Where a development has been commenced prior to a development application being approved, or
where a stop order has been issued pursuant to the Land Use Bylaw, the fee for any subsequent
application for that development shall be twice the amount specified in this schedule for that use.
5.
The Municipal Planning Commission or Development Officer reserves the right to waive any of the
above-noted fees given the circumstances associated with the development application.
LAND USE DISTRICTS MAP
APPENDIX D
LAND USE DISTRICTS MAP