High Prairie, Alberta
· No. 05-2015
· adopted 2015-05-26
· summary & facts
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Town of High Prairie Bylaw No. 05-2015
Adopted May 26, 2015
Consolidated August 23, 2021
Prepared by:
LAND USE BYLAW NO. 05-2015
The Council of the Town of High Prairie hereby enacts the Town of High Prairie Land Use Bylaw
in accordance with the Municipal Government Act, RSA 2000, c.M-26
Effective Date: May 26, 2015
Town of High Prairie
Land Use Bylaw 05-2015
Page i
Table of Contents
PART ONE
GENERAL ...................................................................................................................................... 1
1.1
TITLE .................................................................................................................................................... 1
1.2
PURPOSE .............................................................................................................................................. 1
1.3
APPLICATION OF BYLAW ..................................................................................................................... 1
1.4.
CONFORMITY WITH THIS BYLAW ........................................................................................................ 1
1.5
ADDITIONAL REQUIREMENTS.............................................................................................................. 1
1.6
DEFINITIONS ........................................................................................................................................ 1
PART TWO
DUTIES OF DEVELOPMENT AUTHORITIES................................................................................. 29
2.1
ESTABLISHMENT OF DEVELOPMENT AUTHORITIES .......................................................................... 29
2.2
DUTIES AND POWERS OF DEVELOPMENT AUTHORITIES .................................................................. 29
2.3
VARIANCES ........................................................................................................................................ 33
PART THREE NEED FOR DEVELOPMENT PERMIT ........................................................................................... 34
3.1
REQUIREMENTS FOR LAND USE AND DEVELOPMENT ...................................................................... 34
3.2
WHEN DEVELOPMENT PERMITS ARE NOT REQUIRED ...................................................................... 36
3.3
NON-CONFORMING BUILDINGS AND USES....................................................................................... 38
PART FOUR
DEVELOPMENT PERMIT APPLICATIONS .................................................................................... 39
4.1
CONTENTS OF A DEVELOPMENT PERMIT APPLICATION ................................................................... 39
PART FIVE
PROCESSING OF A DEVELOPMENT PERMIT .............................................................................. 42
5.1
REFERRAL OF APPLICATIONS ............................................................................................................. 42
5.2
CONDITIONS OF A DEVELOPMENT PERMIT ...................................................................................... 42
5.3
NOTIFICATION OF PERMIT APPLICATION DECISIONS ........................................................................ 44
PART SIX
APPEALING A DECISION ................................................................................................................ 47
6.1
METHOD OF APPEAL ......................................................................................................................... 47
6.2
THE APPEAL ADMINISTRATIVE PROCESS ........................................................................................... 47
PART SEVEN
AMENDING THE BYLAW ........................................................................................................ 48
7.1
CONTENTS OF AN AMENDMENT APPLICATION ................................................................................ 48
7.2
THE AMENDMENT PROCESS .............................................................................................................. 49
PART EIGHT
GENERAL REGULATIONS ............................................................................................................ 51
8.1
BUILDING DESIGN, CHARACTER AND APPEARANCE ......................................................................... 51
8.2
CORNER SITE RESTRICTIONS .............................................................................................................. 51
8.3
DWELLING UNITS PER LOT................................................................................................................. 51
8.4
LANDSCAPING, SCREENING AND SITE DEVELOPMENT ..................................................................... 51
Town of High Prairie
Land Use Bylaw 05-2015
Page ii
8.5
OBJECTS PROHIBITED IN DISTRICTS ................................................................................................... 52
8.6
PARKING AND LOADING FACILITIES .................................................................................................. 53
8.7
RELOCATION OF BUILDINGS .............................................................................................................. 57
8.8
NOTICE OF AGRICULTURAL OPERATIONS ......................................................................................... 57
PART NINE
ADDITIONAL REGULATIONS FOR SPECIFIC LAND USES ............................................................ 58
9.1
ACCESSORY BUILDINGS ..................................................................................................................... 58
9.2
ACCESSORY DWELLING ...................................................................................................................... 59
9.3
CAR WASH FACILITIES ........................................................................................................................ 62
9.4
DRIVE-IN RESTAURANTS .................................................................................................................... 62
9.5
HOME OCCUPATIONS ........................................................................................................................ 62
9.6
MANUFACTURED HOMES .................................................................................................................. 63
9.7
SERVICE STATIONS ............................................................................................................................. 64
9.8
SHOPPING CENTRES AND MULTI-PURPOSE BUILDINGS ................................................................... 64
9.9
SIGNS ................................................................................................................................................. 65
9.10
DECKS................................................................................................................................................. 69
9.12
SEA-CANS ........................................................................................................................................... 71
9.13
CAMPGROUNDS ................................................................................................................................ 72
9.14
SOLAR ENERGY COLLECTION SYSTEMS ............................................................................................. 72
9.15
WIND ENERGY CONVERSION SYSTEMS, LARGE ................................................................................. 73
9.16
WIND ENERGY CONVERSION SYSTEMS, MICRO ................................................................................ 76
9.17
WIND ENERGY CONVERSION SYSTEMS, SMALL ................................................................................ 76
9.19 CANNABIS RETAIL SALES .................................................................................................................... 78
PART TEN ESTABLISHMENT OF DISTRICTS .................................................................................................... 80
10.1
LAND USE DISTRICTS.......................................................................................................................... 80
10.2
DISTRICT SYMBOLS ............................................................................................................................ 80
10.3
DISTRICT MAP .................................................................................................................................... 80
PART ELEVEN
DISTRICT RULES ..................................................................................................................... 81
11.1
RESTRICTED RESIDENTIAL (R-1) DISTRICT .......................................................................................... 81
11.2
LOW DENSITY RESIDENTIAL (R-2) DISTRICT ....................................................................................... 83
11.3
MIXED RESIDENTIAL (R-3) DISTRICT .................................................................................................. 85
11.4
MULTIPLE UNIT RESIDENTIAL (R-4) DISTRICT .................................................................................... 88
11.5
ACREAGE RESIDENTIAL (R-5) DISTRICT .............................................................................................. 90
11.6
MANUFACTURED HOME PARK (MHP) DISTRICT ............................................................................... 92
11.7
MANUFACTURED HOME SUBDIVISION (MHS) DISTRICT ................................................................... 94
11.8
DOWNTOWN COMMERCIAL (C-1) DISTRICT ..................................................................................... 96
Town of High Prairie
Land Use Bylaw 05-2015
Page iii
11.9
SECONDARY COMMERCIAL (C-2) DISTRICT ..................................................................................... 100
11.10 HIGHWAY COMMERCIAL (C-3) DISTRICT ......................................................................................... 104
11.11 INDUSTRIAL (M) DISTRICT ............................................................................................................... 109
11.12 URBAN SERVICES (P) DISTRICT ........................................................................................................ 112
11.13 URBAN RESERVE (UR) DISTRICT ....................................................................................................... 114
11.14 DIRECT CONTROL (DC) DISTRICT ..................................................................................................... 115
PART TWELVE
ENACTMENT ........................................................................................................................ 116
12.1
ADMENDMENTS .............................................................................................................................. 116
12.2
ENFORCEMENT AND PENALTIES ..................................................................................................... 116
12.3
REPEAL OF EXISTING BYLAW ........................................................................................................... 117
12.4
EFFECTIVE DATE ............................................................................................................................... 118
SCHEDULES
A.
MAP NO. 1: LAND USE BYLAW DISTRICTS
B.
LAND USE MATRIX
Town of High Prairie
Land Use Bylaw 05-2015
Page 1
PART ONE
GENERAL
1.1
TITLE
This Bylaw shall be known as the Town of High Prairie Land Use Bylaw
1.2
PURPOSE
The purpose of this Bylaw is to regulate the use and development of land and buildings
within the Town of High Prairie.
1.3
APPLICATION OF BYLAW
Unless exempted by the Act, the provisions of this Bylaw apply to all land and buildings
within the boundaries of the Town of High Prairie.
1.4.
CONFORMITY WITH THIS BYLAW
No person shall commence any development unless it is in accordance with the terms and
conditions of a Development Permit issued pursuant to this Bylaw, where such a permit is
required.
1.5
ADDITIONAL REQUIREMENTS
In addition to meeting the requirements of this Bylaw, it is the responsibility of the
applicant to obtain other such approvals or licenses that may be required by the Town of
High Prairie or other Provincial or Federal Government departments or agencies.
1.6
DEFINITIONS
One or more of the definitions may apply to a single site or development. Users are
advised to check usage carefully as individual definitions may not be used exclusively.
ACCESSORY BUILDING OR USE means a building or use which, in the opinion of the
Development Authority, is subordinate to, exclusively devoted to, and located on the same
site as the principal building or use. For the purpose of this definition, this may include
freestanding garages, storage sheds and similar structures.
Bylaw No. 02-2019
2019/05/14
ACCESSORY DWELLING - deleted
Bylaw No. 02-2019
2019/05/14
ACCESSORY DWELLING, GARAGE SUITE - deleted
Bylaw No. 02-2019
2019/05/14
ACCESSORY DWELLING, GARDEN SUITE - deleted
Town of High Prairie
Land Use Bylaw 05-2015
Page 2
Bylaw No. 02-2019
2019/05/14
ACCESSORY DWELLING, SECONDARY SUITES - deleted
ACT means the Municipal Government Act, being Chapter M26, RSA 2000, as amended.
AGRICULTURE (EXTENSIVE) means an agricultural operation involving land limited to the
following activities; the cultivation of land, the production of fruits, vegetables, sod,
trees, shrubs, and other specialty horticultural crops, and the operation of agricultural
machinery and equipment to support the above operations.
AMUSEMENT FACILITY, INDOOR means a development providing recreational facilities
with table games and/or electronic games played by patrons for entertainment. Indoor
amusement facilities include billiard parlors, electronic games arcades with tables or
games, and bowling alleys.
AMUSEMENT FACILITY, OUTDOOR means a development providing recreational
facilities outdoors used by patrons for entertainment. Outdoor amusement facilities
include amusement parks, go-cart tracks, and miniature golf-courses. Outdoor
amusement facilities do not include drive-in motion picture theatres, carnivals or
circuses.
APPEAL BOARD means the Subdivision and Development Appeal Board established by
Bylaw.
AREA STRUCTURE PLAN means a statutory plan adopted by Council for the purpose of
providing a framework for the subsequent subdivision and development of an area of
land in a municipality that addresses the future development on a conceptual level.
AUCTION MART means a development specifically intended for the auctioning of goods
or equipment, including the temporary storage of such goods or equipment. Auction
marts do not include flea markets.
AUTO BODY AND PAINT SHOP means a facility primarily used for the repair and/or
painting of motor vehicle bodies and may not include facilities for the sale of fuels,
lubricants, or automotive accessories, or mechanical or electrical repairs.
AUTOMOTIVE DEALERSHIP means a building or site used for the display and sale or
repair of new or used vehicles and Recreational Vehicles.
AUTO WRECKING YARD means land and buildings that are used for the storage and
Dismantling of old or wrecked cars or trucks for the purpose of recycling their
components.
Town of High Prairie
Land Use Bylaw 05-2015
Page 3
BASEMENT means the area of a building where the floor level is a minimum of 1.0 m (3.3
ft.) below the finished grade and having a ceiling height of at least 2.0 m (6.5 ft.)
BED AND BREAKFAST OPERATION means an facility that provides breakfast together
with the rental of up to three (3) bedrooms and the bath facilities of a private single
detached dwelling that is permanently occupied by the operator of the facility.
BUFFER means a row of trees or shrubs, a berm or a fence to provide visual screening
and separation and/or a sound mitigation barrier between sites or districts.
BUILDING includes anything constructed or placed on, in, over or under land, but does
not include a highway or road or a bridge that forms part of a highway or road.
BUILDING HEIGHT means the vertical distance between the curb and the highest point
of a building that is not a roof stairway entrance, ventilating fan, skylight, steeple,
chimney, smoke stack, firewall, parapet wall, flag pole, or similar device not structurally
essential to the building.
Town of High Prairie
Land Use Bylaw 05-2015
Page 4
Town of High Prairie
Land Use Bylaw 05-2015
Page 5
BUILDING SUPPLY OUTLET means an industrial building or site used for storage, milling,
and wholesale sales of a broad range of building materials and tools, and which may
include a retail operation. This use includes carpet flooring shops, plumbing, heating,
sheet metal, electrical supply shops, fire and safety supplies, paint stores, and hardware
or tool stores.
Bylaw No. 15-2020
2020/08/11
BULK FUEL STORAGE AND SALES means lands, buildings and structures for the storage and
distribution of fuels and oils, including retail sales and key lock or cardlock operations. Bulk
Fuel Storage and Sales may include a convenience retail store and sanitary sewer service
as accessory to the principal use.
BUSINESS SUPPORT SERVICES FACILITY means a development providing support
services to businesses. Business support services establishments are characterized by
one or more of the following features: the use of minor mechanical equipment for
printing, duplicating, binding or photographic processing; the provision of office
maintenance or custodial services; the provision of office security; or the sale, rental,
repair or servicing of office equipment, furniture and machines. Business support
services establishments include printing establishments, film processing establishments,
janitorial firms, and office equipment sales and repair establishments.
BUS DEPOT means a facility providing for the departure and arrival of passengers and
freight carried by bus.
CAMPGROUND means any land or part thereof which may levy fees for the locating of
tents or recreational vehicles and shall include any facilities or amenities secondary to
the primary use, and may also include a recreation vehicle park or public
campground/campsite. Temporary or seasonal storage of recreation vehicles may be
permitted as an accessory use, at the discretion of the Development Authority.
Bylaw No. 11-2018
2018/07/10
CANNABIS means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and
cannabis plant seeds and any other substance defined as cannabis in the Cannabis Act
(Canada) and its regulations, as amended from time to time.
Bylaw No. 11-2018
2018/07/10
CANNABIS RETAIL SALES means a retail store licensed by the Alberta Liquor and Gaming
Commission (AGLC) where cannabis and cannabis accessories are sold to individuals who
attend at the premises.
Bylaw No. 11-2018
2018/07/10
CANNABIS PRODUCTION FACILITY means a premise used for growing, producing,
testing, destroying, storing, or distribution of cannabis authorized by a license issued by
Health Canada.
Town of High Prairie
Land Use Bylaw 05-2015
Page 6
CARETAKER'S RESIDENCE means a dwelling unit that is secondary or accessory to the
principal industrial or commercial use of a lot and is used for the purpose of providing
living quarters for the owner, operator, or superintendent of the principal use.
CARPORT means a building designed and used for the storage of private motor vehicles,
which consists of a roof supported on posts or columns not enclosed on more than two
sides whether separate from or attached to the principal building on a site.
CAR WASH means a facility for the washing, cleaning or polishing of motor vehicles.
CEMETERY means a development of land for the interment or entombment of the
deceased. Cemeteries include crematoriums, mausoleums or memorial parks.
CHILD CARE FACILITY means the use of a building or portion thereof for the provision of
care, maintenance, and supervision of children under the age of thirteen (13) years, by
persons other than one related by blood or marriage, for periods not exceeding twenty
four (24) consecutive hours and includes all facilities licensed by the relevant provincial
licensing authority. Child care facilities include daycares.
Bylaw No. 09-2019
2019/06/11
CLERK means the Clerk of the Subdivision and Development Appeal Board.
CONSOLIDATED BYLAW means an original bylaw that has had one or more amendments
incorporated into that bylaw. A Consolidated Bylaw may, then, be updated from time to
time.
CONSTRUCT means to build, rebuild, or relocate and without limiting the generality of
the word, also includes:
(a)
any preliminary operation such as excavation, filling or draining;
(b)
altering an existing building or structure by an addition, enlargement, extension
or other structural change; and
(c)
any work which requires a Building Permit.
CONTRACTOR SERVICE, LIMITED means a development where electrical, plumbing,
heating, painting and similar contractor services are provided, primarily to individual
households, and where goods normally associated with the contractor service may be
stored and sold, where all materials are kept within an enclosed building, and where
there are no accessory manufacturing activities or parking or storage of more than four
(4) vehicles.
Town of High Prairie
Land Use Bylaw 05-2015
Page 7
CONTRACTOR SERVICE, GENERAL means a development where building, concrete,
landscaping, electrical, excavation, drilling, heating, plumbing, paving, road, oil field,
pipeline, or similar services of a construction or services nature are provided, which have
on-site storage of materials, construction equipment, or vehicles normally associated
with the contractor service, and which is not a limited contractor service. Any sales,
display, office or technical support service areas shall be accessory to the main use only.
COUNCIL shall mean the elected members who comprise the Council of the Town of
High Prairie as elected from time to time.
Bylaw No. 15-2020
2020/08/11
CONVENIENCE RETAIL STORE means development used for the retail sale of those goods
required by customers on a day-to-day basis, from business premises that do not exceed
275.0 m2 (2,960 ft2) in gross floor area. Wholesale or retail liquor sales/distribution
outlets or facilities are not included in this use.
DECK means a recreational platform that is constructed and which may or may not be
attached to the principal building. A deck can be at ground level or raised and may be an
open or closed design.
DEVELOPMENT means any development as defined in Section 616 of the Municipal
Government Act.
Bylaw No. 09-2019
2019/06/11
DEVELOPMENT AUTHORITY means the Development Officer or Municipal Panning
Commission, as established by the Development Authority Bylaw No. 08-2019.
Bylaw No. 09-2019
2019/06/11
DEVELOPMENT OFFICER means the Chief Administrative Officer or a person delegated
by the Chief Administrative Officer to exercise development powers and duties on behalf
of the Town of High Prairie, as established by the Development Authority Bylaw No. 08-
2019.
DEVELOPMENT PERMIT means a document authorizing development pursuant to this
Land Use Bylaw.
DISCRETIONARY USE means the use of land or of a building which is listed under as
"Discretionary Uses" for within the districts in this Bylaw, and for which a Development
Permit may be issued subject to the provisions of this Bylaw.
DORMITORY RESIDENCE means a development, located on the site of an education
facility, that contains one or more dwelling units for the accommodation of students
attending an educational facility on a temporary basis and includes single detached
Town of High Prairie
Land Use Bylaw 05-2015
Page 8
dwelling, semi-detached dwelling, duplex, dwelling group, or a multiple unit dwelling
developments with associated cafeteria facilities.
DRINKING FACILITY means a facility licensed by the Alberta Gaming and Liquor
Commission where alcoholic beverages are served for consumption on the premises and
any preparation or serving of food is accessory thereto.
DRIVE-IN RESTAURANT means a business offering food for sale to the public and
designed on the basis that consumption may take place either within a motor vehicle
parked in a permitted parking stall on the site or within a building located on the site or
elsewhere.
DWELLING GROUP means three (3) or more dwelling units located on a site where all
buildings, recreation areas, vehicular areas, landscaping and all other features have been
planned as an integrated development and where each dwelling unit has a separate
principal entrance accessible directly from outside at ground level. This includes row
dwellings and stacked townhouses.
DWELLING UNIT means one (1) or more rooms used as, or designed to be used as, a
residence and which contains sleeping, cooking and sanitary facilities and with an
independent entrance either directly from outside the building or from a common
hallway inside the building.
Bylaw No. 02-2019
2019/05/14
DWELLING UNIT, ACCESSORY means a dwelling unit which in the opinion of the
Development Authority is subordinate to a single detached dwelling and located on the
same site as the principal dwelling unit. For the purpose of this definition, this includes
secondary suites, garage suites and garden suites, but does not include semi-detached
dwellings or duplexes.
Bylaw No. 02-2019
2019/05/14
DWELLING UNIT, GARAGE SUITE means an accessory dwelling located above a detached
garage (above grade) or a single-story accessory dwelling attached to the side or rear of
a detached garage (at grade). A garage suite is accessory to a building in which the
principal use is a single-detached dwelling. A garage suite has cooking, food preparation,
sleeping and sanitary facilities which are separate from those of the principal dwelling
located on the site. A garage suite has an entrance separate from the vehicle entrance to
the detached garage, either from a common indoor landing or directly from the exterior
of the structure. This use does not include secondary suites or garden suites.
Town of High Prairie
Land Use Bylaw 05-2015
Page 9
Town of High Prairie
Land Use Bylaw 05-2015
Page 10
DWELLING UNIT, APARTMENT means a building comprising one(1) or more dwelling
units having shared entrance, in which the dwellings are arranged in any horizontal or
vertical configuration, and which does not conform to the definition of any other
residential use.
DWELLING UNIT, CONDOMINIUM means a building or lot containing bare land units or
other units as defined in the Condominium Property Act.
DWELLING UNIT, DUPLEX means a building containing two (2) dwelling units, one above
the other, each of which has and independent entrance directly from the outside or
through a common vestibule.
Bylaw No. 02-2019
2019/05/14
DWELLING UNIT, GARDEN SUITE means an accessory dwelling located in an accessory
building separate from the principal use which is a single-detached dwelling. A garden
suite has cooking, food preparation, sleeping and sanitary facilities which are separate
from those of the principal dwelling located on the site. This use does not include
secondary suites or garage suites.
Bylaw No. 02-2019
2019/05/14
DWELLING UNIT, MANUFACTURED HOME means a factory constructed dwelling
intended for residential occupancy that is consistent with the CSA-A277 or with the CSA-
Z240 standard for homes built prior to 1992, and that has a length-to-width ratio of
more than 2.5:1. A manufactured home is normally constructed off-site and then
transported to its site. Upon arriving at the site apart from incidental operations such as
placement on a foundation and connection of utilities, it is ready for year-round use as a
dwelling for one household. A manufactured home does not include a single detached
dwelling developed as a modular building, a recreational vehicle or an industrial camp
trailer.
Bylaw No. 02-2019
2019/05/14
DWELLING UNIT, SECONDARY SUITE means an accessory dwelling consisting of a
dwelling located within and accessory to a structure in which the principal use is single
detached dwelling. A secondary suite has cooking, food preparation, sleeping and
sanitary facilities which are physically separate from those of the principal dwelling
within the structure. A secondary suite also has an entrance separate from the entrance
to the principal dwelling unit, either from a common indoor landing or directly from the
side or rear of the structure. This use class includes the development or conversion of
basement space or above-grade space for a secondary suite, or the addition of new floor
space for a secondary suite to an existing single detached dwelling. This use class does
not include duplex, semi-detached, or apartment dwelling units, and does not include
garage suites, garden suites.
Town of High Prairie
Land Use Bylaw 05-2015
Page 11
DWELLING UNIT, SEMI-DETACHED means two attached dwelling units that share a
common wall.
DWELLING UNIT, SINGLE DETACHED means a residential building that meets or exceeds
the Provincial Building Code.
DWELLING UNIT, TOWNHOUSE means a single building comprised of three (3) or more
dwelling units separated one from another by party-walls extending from foundation to
roof, with each dwelling unit have a separate, direct entrance from grade and includes all
row, linked, patio, garden court or other housing which meet such criteria.
EATING AND DRINKING FACILITY means a development where food and/or beverages
are prepared and offered for sale to the public, for consumption within the premises, at
an accessory outdoor seating area on the site, or off the site. An eating and drinking
facility do not include either a drinking facility or an entertainment facility unless
otherwise provided for in an approved development permit.
EDUCATION FACILITY means a development where educational, training, or instruction
occurs under the auspices of a School Division or under the auspices of an organization
authorized by the Province to provide education similar to that which would be provided
by a School Division. Education facilities include the administration offices, storage, and
maintenance operations of the School Division. Education facilities include public and
separate schools, community colleges, universities, technical and vocational schools, and
private academies or "charter schools", and their administrative offices and maintenance
facilities.
Town of High Prairie
Land Use Bylaw 05-2015
Page 12
ENTERTAINMENT FACILITY means a development where persons are entertained by
music, theatre, or the like. An entertainment facility includes theatre, dancing or cabaret
entertainment, whether recorded or live. An eating and drinking facility may contain
within it an entertainment facility, but only if specifically provided for in an approved
development permit.
EQUIPMENT RENTAL FACILITY means a development where tools, appliances, recreation
craft, office machines, furniture, light construction equipment, or similar items are
rented and serviced. Equipment rental facilities do not include developments where
motor vehicles or industrial equipment are rented or serviced.
FEED MILL means a building wherein farm commodities are brought, stored, and sold,
and also includes the drying, processing and elevation for storage of farm commodities
such as grain.
FLOOR AREA means the total of the floor areas of every room and passageway
contained in a building but not including the floor areas of basements, attached garages,
sheds, open porches or breezeways.
Town of High Prairie
Land Use Bylaw 05-2015
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Town of High Prairie
Land Use Bylaw 05-2015
Page 14
GARAGE means an accessory building or part of the principal building designed and used
primarily for the storage of non-commercial motor vehicles.
Bylaw No. 02-2019
2019/05/14
GENERAL RETAIL ESTABLISHMENT means the use of a building or portion thereof where
goods, wares, merchandise, substances, articles or things are stored, offered or kept for
sale or rent and includes storage within the premises of quantities sufficient to service
such store, but does not include a warehouse or distribution sales.
GOVERNMENT SERVICE means a development where municipal, provincial, or federal
government services are provided directly to the public. Government services may
include government administration offices, courthouses, postal distribution offices,
manpower and employment offices and social services offices. Government services do
not include protective and emergency services, major and minor utility services, and
public education facilities.
GRADE means the average level of finished ground adjoining building at all exterior
walls. However, if the grade is above the natural ground slope level, the Development
Authority may measure grade not from the finished ground adjoining a building, but
from the approximate average level of the naturally occurring ground that existed prior
to construction of the building.
GRAIN ELEVATOR means a structure that is used for the storage of grain and is usually
located in such a manner to take advantage of a rail or truck loading facility.
Bylaw No. 11-2018
2018/07/10
GREENHOUSE means a building constructed primarily of glass or other transparent
material used for cultivation of plants.
GROUP HOME means a development using a dwelling unit as a facility which is
authorized, licensed or certified by a provincial authority to provide room and board for
foster children or for physically, mentally, socially, developmentally or behaviorally
challenged persons and which may be for the personal rehabilitation of its residents
either through self-help or professional care, guidance and supervision. The residential
character of the development shall be maintained with the occupants living together as a
single housekeeping group using shared kitchen facilities. A group home may incorporate
accommodations for resident staff as an accessory use.
Town of High Prairie
Land Use Bylaw 05-2015
Page 15
Bylaw No. 02-2019
2019/05/14
HEALTH SERVICE means a development where physical or mental health services are
provided on an out-patient or on an in-patient basis. If the services are provided on an
inpatient basis, health service may include room and board for the sick, injured, or
infirm, and may also include accessory staff residences. Such services may be of a
preventative, diagnostic, treatment, therapeutic, rehabilitative, or counseling nature.
Health service also means a pharmaceutical retail establishment. Health services
includes medical, chiropractic and dental offices, health clinics and counseling services,
hospitals, sanitariums, nursing homes, convalescent homes, isolation facilities,
psychiatric hospitals, auxiliary hospitals, and detoxification centres.
HOME OCCUPATION means the secondary use of a principal dwelling, or combination or
a principal dwelling and an accessory building, in a residential neighbourhood to conduct
a business activity. Home occupations shall not be noticeable from the outside of the
dwelling.
HOTEL means development used for the provision of rooms or suites for temporary
sleeping accommodation where the rooms have access from a common interior corridor
and are not equipped with individual kitchen facilities. Hotels may include a eating and
drinking facility or other meeting rooms.
HOUSEHOLD REPAIR SERVICE means a development where goods, equipment and
appliances normally found within a dwelling unit may be repaired. Household repair
services include radio, television, appliance and electronic repair shops and furniture
refinishing and upholstery shops, but do not include Personal Service Facility. Household
Repair Services shall not have any outdoor storage.
INDOOR RECREATION FACILITY means a development for sports and active recreation
within an enclosed building. Indoor recreation facilities include such facilities as ice
arenas, gymnasiums, curling rinks, swimming pools, and similar, though smaller,
facilities. As well, indoor recreation facilities may also include meeting rooms and eating
and drinking establishments as accessory uses.
INDUSTRIAL, LIGHT MANUFACTURING AND PROCESSING means a development used
principally for one or more of the following: processing of raw materials; the
manufacturing or assembling of semi-finished or finished goods, products or equipment;
the storage, cleaning, servicing, repairing or testing of materials, goods and equipment
normally associated with industrial, business or household use; terminals for the storage
or transshipping of materials, goods and equipment (excluding crude oil). Any indoor
display, office, technical, administrative support, or retail sale operation shall be ancillary
to the general industrial uses listed above. The use includes only those developments
Town of High Prairie
Land Use Bylaw 05-2015
Page 16
where no significant nuisance factor is created or apparent beyond the boundaries of the
site.
INDUSTRIAL, HEAVY MANUFACTURING AND PROCESSING means a large-scale industrial
manufacturing or processing activity. Without restricting the generality of the foregoing,
heavy manufacturing and processing industry would include plants for the manufacture
of petroleum products, pulp and paper products, stone, clay and glass products, cement
and lime products, fertilizers, animal by-products; plants engaged in the primary metal
industry, including metal processing; the processing of natural gas or its derivatives; and
incinerators, including those for municipal and industrial use. Heavy industrial uses may
have some negative effect on the safety, use, amenity and enjoyment of adjacent or
nearby sites due to appearance, noise, odour, emission of contaminants, fire or explosive
hazards, or dangerous goods.
KENNEL means a development in which four (4) or more domestic pets over six (6)
months in age are maintained, boarded, bred, trained co cared for or kept for purposes
of sale.
LANDSCAPING means the modification or enhancement of a site through the use of any
or all of the following elements:
(a)
"soft landscaping" consisting of vegetation such as trees, shrubs, hedges, grass
and ground cover;
(b)
"hard landscaping" consisting of non-vegetative materials such as brick, stone,
concrete, tile, and wood, excluding monolithic concrete and asphalt.
LIBRARY OR CULTURAL EXHIBIT means a development where literary, artistic, municipal
and/or similar reference materials in the form of books, manuscripts, recordings and
films are stored, collected, available, and distributed for public use, viewing, or
enjoyment; or a development where works or objects of historical, scientific or artistic
value are collected, preserved and exhibited to the public. Libraries or cultural exhibits
include museums, outdoor exhibits and art galleries.
Bylaw No. 11-2018
2018/07/10
LICENSED MEDICAL MARIHUANA PRODUCTION FACILITY - deleted
LIQUOR STORE means a building or part of a building use for the display and retail sale of
alcoholic beverages.
Town of High Prairie
Land Use Bylaw 05-2015
Page 17
LIVESTOCK SALES YARD means any enclosed area of land, with or without accessory
buildings or structures, upon which livestock is collected for sale or for market
distribution.
LOADING SPACE means a space for parking a commercial vehicle while being loaded or
unloaded.
LOT means a "lot" as defined in the Act.
LOT AREA means the area contained within the boundaries of a lot shown on a plan of
subdivision or described in a Certificate of Title.
LOT, CORNER means a lot having a frontage on two or more streets at their intersection
or junction.
LOT COVERAGE means the percentage of the area of any lot which is covered by
buildings or structures excepting balconies, driveways, parking areas, and sidewalks.
LOT DEPTH means the length of a straight line joining the middle of the front lot line
with the middle of the rear lot line.
LOT LINE means a legally defined limit of any lot.
LOT LINE, FRONT means the boundary dividing the lot from an abutting public roadway.
In the case of a corner lot the shorter lot line shall be the front lot line.
LOT LINE, REAR means the lot line of a lot that is directly opposite to the front line.
LOT LINE, SIDE means any lot line other than the front or rear lot line.
LOT WIDTH means the distance between the side lot lines at a point midway between
the front and rear of the lot and approximately parallel to the street line.
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Land Use Bylaw 05-2015
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MANSARD means a form of roof with a double pitch, in which the lower slope is steeper
than the upper slope.
Bylaw No. 11-2018
2018/07/10
MARKET GARDEN means the use of land for the commercial growing of vegetables or
fruit.
MIXED-USE BUILDING means an industrial building that is designed to contain both
commercial and industrial uses.
Bylaw No. 02-2019
2019/05/14
MOBILE HOME - deleted
Town of High Prairie
Land Use Bylaw 05-2015
Page 19
Bylaw No. 02-2019
2019/05/14
MANUFACTURED HOME LOT means that portion of a manufactured home park that has
been reserved for the placement of a manufactured home and related accessory
buildings.
Bylaw No. 02-2019
2019/05/14
MANUFACTURED HOME PARK means a development on a lot under single ownership
and managed by a park operator that is designed to accommodate numerous
manufactured homes on leased sites in a community setting. Such developments may
include accessory buildings or use, such as laundry, recreation and storage facilities for
the use of park residents.
Bylaw No. 02-2019
2019/05/14
MANUFACTURED HOME SUBDIVISION means a development consisting of
manufactured homes each of which is located on an individual lot.
Bylaw No. 02-2019
2019/05/14
MODULAR BUILDING means a building constructed in a factory in one or more modules
in accordance with the Canadian Standards Association (CSA) A277 standard and
transported to the site for installation. For the purpose of this Bylaw, a modular building
is construction method not a land use, and includes residential, commercial, industrial
and institutional buildings.
MOTEL means a building or group of buildings designed for the accommodation of the
public containing guest rooms, each of which has a separate entrance directly from
outside the building.
MOTOR VEHICLE DEALERSHIP means premises for the display and sale of motor vehicles
including automobiles, farm equipment, heavy equipment designed for specialized
purposes, and purpose built recreational vehicles.
MUNICIPAL PLANNING COMMISSION means the Municipal Planning Commission
established by Bylaw 19-2005.
NATURAL RESOURCE EXTRACTION INDUSTRY means an industry engaged in the
extraction of natural resources such as trees, clay, sand and gravel, limestone, shale,
coal, and other minerals including petroleum and natural gas and which may include
bringing these together with other elements such as power or water into integrated
processes for the purpose of primary treatment into a marketable form.
NEIGHBOURHOOD COMMERCIAL DEVELOPMENT means a development where goods
and services required by area residents or employees on a day to day basis are provided,
bought or sold. The gross leasable area of a neighbourhood commercial development
shall not exceed 275.0 m² (2,960 ft²). Neighbourhood commercial developments include
small food stores, drug stores, and variety stores selling confectionary, tobacco,
Town of High Prairie
Land Use Bylaw 05-2015
Page 20
groceries, beverages, pharmaceutical and personal care items, hardware, and/or printed
matter as well as small personal service shops.
NON-CONFORMING BUILDING means a building:
(a)
that is lawfully constructed or lawfully under construction at the date a land use
bylaw affecting the building or the land on which the building is situated
becomes effective, and
(b)
that on the date this land use bylaw become effective does not, or when
constructed will not, comply with this Land Use Bylaw.
NON-CONFORMING USE means a lawful specific use:
(a)
being made of land or a building or intended to be made of a building lawfully
under construction, at the date a land use bylaw affecting the land or building
becomes effective, and
(b)
that on the date this land use bylaw becomes effective does not, or in the case
of a building under construction will not, comply with this Land Use Bylaw
OFFICE USE means a development where government, professional, management,
administrative, consulting, and financial services may be provided. Office uses include
the offices of lawyers, accountants, engineers, architects, and realtors. Office uses also
include insurance firms; clerical, secretarial, employment and telephone answering and
similar office support services; banks, credit unions, loan offices and similar financial
institutions but does not include the offices of governmental and public agencies.
OILFIELD SUPPORT means a development that provides cleaning, servicing, repairing or
testing of materials, goods and equipment normally associated with the oil and gas
industry and may include the storage or transshipping of such materials, goods and
equipment, including petrochemical products and supplies. This definition applies to oil
and gas industry support operations and includes, but is not limited to, seismic and
surveying, well servicing, oilfield haulers, pipeline contractors and welding operations.
ORIGINAL BYLAW shall mean any bylaw which is still in its original state and has not
been amended or modified.
OUTDOOR RECREATION FACILITY means development providing facilities which are
available to the public at large for sports and active recreation conducted outdoors.
Typical uses include golf courses, driving ranges, ski hills, ski jumps, sports fields, outdoor
Town of High Prairie
Land Use Bylaw 05-2015
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tennis courts, unenclosed ice surfaces or rinks, athletic fields, boating facilities, outdoor
swimming pools, bowling greens, riding stables and fitness trails.
OUTDOOR STORAGE means an accessory development where, in the opinion of the
Development Authority, goods, materials, or equipment are or may be placed outside of
a building on a more or less permanent or continuous basis.
PARCEL means a parcel of land as defined in the Act.
PARK OR PLAYGROUND means a development designed or reserved for active or passive
recreational use, including all natural and man-made open space and landscaping,
facilities, playing fields, and buildings that are consistent with the general purposes of
recreation, whether or not such recreational facilities are publicly operated or operated
by other organizations pursuant to arrangements with the public authority owning the
park or playground. Park or playground includes tot lots, band shells, picnic grounds,
pedestrian trails and paths, landscaped buffers, playgrounds, water features, baseball
diamonds, football fields, soccer pitches, and similar outdoor sports fields.
PARKING STALL means a space within a building or a private or public parking area,
(exclusive of aisles, ramps and columns), for the parking of one vehicle.
PERMITTED USE means the use of land or of a building which is listed in the column
captioned "Permitted Uses" in a table of uses for most districts in this Bylaw, and for
which a Development Permit shall be issued subject to the provisions of this Bylaw.
PERSONAL SERVICES FACILITY means a development used for the provision of services
to an individual that are related to the care and appearance of the body, or the cleaning
and repair of personal effects. For purposes of clarification this includes barbershops,
hairdressers, beauty salons, tailors, dressmakers, shoe repair shops, dry cleaners, and
similar uses.
PLACE OF WORSHIP means a development where worship and related religious,
philanthropic, and social activities occur. Accessory developments include rectories,
manses, classrooms and dormitories. Places of worship include churches, chapels,
mosques, temples, synagogues, parish halls, convents and monasteries.
POLICY shall mean a statement of the Town's intention in certain areas of its
responsibility for guidance when action is being taken in those areas. Policies shall be
approved by Council.
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Land Use Bylaw 05-2015
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PROCEDURES shall mean instructions established to carry out the intent of a Town
Policy.
PRINCIPAL BUILDING OR USE means a building or use that, in the opinion of the
Development Authority, is the main purpose for which the building or site is ordinarily
used.
PRIVATE CLUB means development used for the meeting, social or creational activities
of members of a non-profit philanthropic, social service, athletic, business or fraternal
organization, with neither on-site dwellings nor hotel or motel rentable units. Private
clubs may include eating and drinking establishments and rooms for assembly.
PROTECTIVE AND EMERGENCY SERVICES means a development where the
administration of the protection of persons and property from injury, harm or damage
takes place, and where the equipment necessary for such activities is stored, maintained,
and supplied. Protective and emergency services may include police stations, detention
centres, fire stations, and accessory training facilities.
Bylaw No. 02-2019
2019/05/14
PUBLIC EDUCATION FACILITY - deleted
PUBLIC USE means a building, structure, or site used for public administration and
services by the Town, by any board or agency of the Town, by any department,
commission or agency of the Governments of Alberta or Canada, by a public utility, by a
school board, or by a non-profit organization.
PUBLIC UTILITY means a public utility as defined in the Act.
REAL PROPERTY REPORT means a certificate prepared by an Alberta Land Surveyor that
indicates the specific location of existing buildings on a lot.
RESIDENTIAL USE means the occupation and use of land and buildings by and as
dwellings, whether on a seasonal or year-round basis.
RESTAURANT means a facility where food is prepared and served for sale to the public.
Town of High Prairie
Land Use Bylaw 05-2015
Page 23
REVISION shall mean the process as defined in Division 7, Sections 63 through 69 of the
Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 and
amendments thereto.
RIDING STABLE means a facility that is used for horse riding activities and may include
buildings that are necessary for the storage of the horses or other functions related to
this activity.
ROAD means a road as defined in the Act.
SEA-CAN means a container, including a sea/land/rail shipping container, which is used
as a storage vault. A sea-can shall only be allowed on a lot and use as an accessory
building and/or use to a main building or use. A sea-can shall not be used for a dwelling
or any part of a dwelling; and, notwithstanding any other provision of this Bylaw to the
contrary, not attached, in any way, to a main building.
SCREENING means a fence, berm or hedge used to visually separate two or more sites.
Bylaw No. 09-2019
2019/06/11
SECRETARY - deleted
SEED CLEANING PLANT means a building used for the storage and preparation of seed
used in agriculture.
SENIOR CITIZEN'S COMPLEX means any home for senior citizens sponsored and
administered by any public agency or any service club, Religious Assembly, or other non-
profit organization, either of which obtains its financing from Federal, Provincial, or
Municipal Governments or agencies, or by public subscription or donation, or by any
combination thereof, and may include accessory uses such as club and lounge facilities,
usually associated with senior citizens developments. Or, means a structure(s) providing
residence for a group of senior citizens (60 years of age or more) with central or private
kitchen, dining, recreational, etc. facilities with separate bedrooms and/or living
quarters.
SETBACK means, depending on the context of the term, the horizontal distance between
buildings or a lot boundary and buildings.
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Land Use Bylaw 05-2015
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SERVICE STATION means a development where gasoline, lubricating oils, and other
automotive fluids and accessories for motor vehicles are bought and sold. Service
stations may also include facilities for the servicing or repairing of motor vehicles, and a
towing service dispatch point, but not including body repair or paint shops. Service
stations which do not include any facilities for servicing or repairing of motor vehicles are
often referred to as gas bars.
SHOPPING CENTRE means a building or a group of buildings, comprising retail
commercial and similar uses, with shared off-street parking facilities, and which may be
managed as a single unit.
SIGHT TRIANGLE means a triangular portion of land established at roadway intersections
in which nothing is erected, placed, planted, and allowed to grow in such a manner as to
limit or obstruct the sight distance of motorists entering or leaving the intersection as
shown in the diagram below for a distance of 7.62 meters.
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Land Use Bylaw 05-2015
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SIGN means any visual medium, including its structure and other component parts, used
on a permanent or temporary basis to convey information, to advertise, or to attract
attention to a product, service, place, activity, person, institution or business. Without
limiting the generality of the foregoing, signs shall include banners, placards, and painted
messages, but not national flags, interior window displays of merchandise, or signs
painted on or attached to a licensed motor vehicle.
SIGN, AWNING OR CANOPY means a Sign painted or stenciled on the fabric surface of a
shelter supported entirely from the exterior wall of a building and which may be
designed to be collapsible, retractable or capable of being folded against the wall of the
supporting building.
SIGN, DIRECTIONAL means a sign that contains no advertising, but is limited to the
distance and direction to a place of business or other premises indicated on the sign.
SIGN, FREE-STANDING means every sign supported independently of a building, wall or
structure. It is supported by one or more columns, uprights, or braces in or upon grade
and includes ground-mounted signs, portable signs and the like.
SIGN, MANSARD ROOF means a sign extending from a mansard roof. It is vertical and
supported by braces extending from the mansard roof.
SIGN, PORTABLE means any sign or advertising device that can be carried or transported
from one site to another, is intended to be used or erected on such sites for temporary
purposes of advertising or promotion and includes electric and changeable copy signs
but shall not obstruct sight triangles.
SIGN, WALL means a flat sign, plain or illuminated, running parallel for its whole length
to the face of the building to which it is attached and includes fascia signs and the like.
SITE means a lot or group of lots used for, or proposed to be used for, the undertaking of
a single development or group of related developments.
SOLAR ARRAY means multiple solar panels used in conjunction to produce electricity.
SOLAR ENERGY COLLECTION SYSTEM means a system of one or more buildings or add-
ons to buildings designed to convert solar energy into mechanical or electrical energy
and include solar arrays, solar panels that are free standing, ground and roof mounted.
Town of High Prairie
Land Use Bylaw 05-2015
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SOLAR PANEL, FREE STANDING means a device which is used to convert energy
contained within the sun's rays into electricity, which is not mounted or attached to any
other structure for support.
SOLAR PANEL, ROOF MOUNTED means a device which is used to convert energy
contained within the sun's rays into electricity, which is located, mounted, or attached to
the roof of a structure.
TEMPORARY means a use that occurs for a maximum of three (3) months from the date
of Development Permit approval with allowance for a three (3) month extension by the
Development Authority.
TOWN shall mean the corporate municipality of the Town of High Prairie.
TRUCKING OR CARTAGE FACILITY means a development where goods shipped by truck
are transferred from one truck to another, or where trucks are dispatched to pick up
and/or deliver goods. Trucking or cartage facilities may include dispatch offices or
storage compounds for the temporary storage of goods, and include moving or cartage
firms involving vehicles with a gross vehicle weight of more than 3,000.0 kg (6,613.9lbs.).
VETERINARY CLINIC means a development where domestic pets are cared for and
treated, including hospitalization for fewer than four (4) days. Veterinary clinics may also
treat livestock, but they will be treated via out-patient care. All animals shall be kept
within an enclosed building.
VEHICLE REPAIR ESTABLISHMENT means development used for the servicing and
mechanical repair of automobiles, motorcycles, snowmobiles, recreational vehicles, and
trucks, including the sale, installation or servicing of related accessories and parts. This
use class includes transmission shops, muffler shops, tire shops, automotive glass shops,
upholsterer shops, and body repair and/or paint shops.
WIND ENERGY CONVERSION SYSTEM (WECS) means a system consisting of
subcomponents which convert wind energy to electrical energy and which has major
components of generator rotors, tower and a storage system.
WIND ENERGY CONVERSION SYSTEM, LARGE means one or more buildings designed to
convert wind energy into mechanical or electrical energy and which has a rated capacity
equal to or greater than 300 kW.
Town of High Prairie
Land Use Bylaw 05-2015
Page 27
WIND ENERGY CONVERSION SYSTEM, MICRO means a small-scale wind turbine, which
is small is height and diameter and can be installed on the roof of a building or structure.
WIND ENERGY CONVERSION SYSTEM, SMALL means a wind energy conversion system
(WECS) consisting of a wind turbine, a tower, and associated control or conversion
electronics, which has a rated capacity of not more than 300 kW, and which is intended
to provide electrical power for use on-site (either behind the meter or off-grid) and is not
intended or used to produce power for resale.
YARD means a part of a lot that lies between the principal building and the lot line.
YARD, EXTERIOR SIDE means a side yard immediately adjoining a road.
YARD, FRONT means a yard extending across the full width of a lot, and situated
between the front lot line and nearest exterior wall of the principal building.
YARD, INTERIOR SIDE means a side yard other than an exterior side yard.
YARD, REAR means a yard extending across the full width of a lot and situated between
the rear lot line and the nearest exterior wall of the principal building.
Town of High Prairie
Land Use Bylaw 05-2015
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Town of High Prairie
Land Use Bylaw 05-2015
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Bylaw No. 09-2019
2019/06/11
PART TWO
DUTIES OF DEVELOPMENT AUTHORITIES
2.1
ESTABLISHMENT OF DEVELOPMENT AUTHORITIES
2.1.1
The Development Authority of the Town of High Prairie is established by Bylaw
No. 08-2019 and amendments thereto pursuant to Section 624 of the Municipal
Government Act.
2.2
DUTIES AND POWERS OF DEVELOPMENT AUTHORITIES
2.2.1 In accordance with the Act, the Development Officer shall:
(a)
receive, consider and decide upon applications for a development permit;
and
(b)
keep and maintain for inspection of the public during office hours, a copy
of this Bylaw and all amendments thereto, and ensure that copies are
available to the public at a reasonable charge;
(c)
keep a register of all applications for Development Permits, including the
decisions therein and the reasons therefore, for a minimum period of
seven (7) years;
(d)
refer to all Development Permit applications proposed in a Direct Control
district to Council for a decision.
2.2.2
The Development Officer shall, within 20 days after receipt of a development
permit application, determine whether the application is complete or
incomplete, unless this period is extended by a written agreement between the
Development Officer and the applicant.
Town of High Prairie
Land Use Bylaw 05-2015
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2.2.3
When, in the opinion of the Development Officer:
(a)
sufficient details of a proposed development have been included with the
application for a development permit, the Development Officer shall, in a
form and manner appropriate, issue a notice of complete application to the
applicant, advising that the application is complete within 20 days from the
receipt of the application or the extended time period agreed upon
between the Development Officer and the applicant under section 2.2.2.
(b)
sufficient details of a proposed development have not been included with
the application for a development permit, the Development Officer shall,
in a form and manner appropriate, issue a notice of incomplete application
to the applicant, advising that the application is incomplete within 20 days
from the receipt of the application or the extended time period agreed
upon between the Development Officer and the applicant under subsection
2.2.2. The notice shall outline any outstanding information and/or
documentation and a date by which all the required information and/or
documentation must be submitted by the applicant for the application to
be considered complete.
2.2.4
Notwithstanding subsection 2.2.3, if the Development Officer does not issue a
notice of complete or incomplete application for a development permit
application within 20 days from the date of receipt of the application, or the
extended time period agreed upon between the Development Officer and the
applicant, the application is deemed to be complete.
2.2.5
Notwithstanding the issuance of a notice of complete or incomplete application
pursuant to subsection 2.2.3, or failure to issue a notice under subsection 2.2.3,
the Development Authority may request additional information or
documentation from the applicant that the Development Authority considers
necessary to review the application.
2.2.6
If an applicant who has been issued a notice of incomplete application under
subsection 2.2.3 (b):
(a)
submits all the required information and/or documentation by the date
given in the notice, the Development Officer shall, in a form and manner
appropriate, issue a notice of complete application to the applicant,
advising that the application is now complete.
Town of High Prairie
Land Use Bylaw 05-2015
Page 31
(b)
fails to submit all the required information and/or documents by the date
given in the notice, the application is deemed refused.
2.2.7
Where an application for a development permit is deemed refused under
subsection 2.2.6 (b), the Development Officer shall issue a notice to the
applicant, stating that the application has been refused and the reason for the
refusal.
2.2.8
Unless extended by a written agreement between the Development Authority
and the applicant, the Development Authority shall decide on a development
permit application either:
(a)
within 40 days of receipt by the applicant the notice of complete
application if issued under subsection 2.2.3 (a) or 2.2.6 (a),
(b)
within 40 days from the receipt of the application, if no notice is issued
under subsection 2.2.3.
2.2.9
Notwithstanding subsection 2.2.8, the application is, at the opinion of the
applicant, deemed refused if a decision is not made within the time period
provided for in subsection 2.2.8.
2.2.10 The Development Officer shall consider and decide upon applications for a
development permit for a use listed under the "Permitted Uses" column in any
land use district.
Bylaw No. 11-2018
2018/07/10
2.2.11 Where the proposed use is not listed in a land use district, the Development
Officer or the Municipal Planning Commission may consider the use to be so
listed as a discretionary use if, in their opinion, it is sufficiently similar in
character and purpose to either a listed permitted or discretionary use within the
applicable district, but is not listed as a use in another district or defined in the
Definitions section.
2.2.12 The Development Officer shall refer, with recommendations, all applications for
a development permit for those uses which constitute a "Discretionary Use" in
any land use district to the Municipal Planning Commission for its consideration
and decision.
2.2.13 In making a decision on an application for a "Permitted Use", the Development
Officer or the Municipal Planning Commission:
(a) shall approve the application upon the use conforming to the Bylaw
Town of High Prairie
Land Use Bylaw 05-2015
Page 32
(b) may approve the application where the development does not satisfy all the
requirements of the Land Use Bylaw subject to the conditions necessary to
ensure conformity.
2.2.14 Council shall decide upon all development permit applications for uses proposed
for lands located within a Direct Control district.
2.2.15 In reviewing a Development Permit application for a "Discretionary Use", the
Municipal Planning Commission:
(a) may approve or refuse a Development Permit application which meets the
requirements of this Bylaw; or
(b) shall refuse a Development Permit application that does not meet the
requirements of this Bylaw.
2.2.16 In reviewing a development permit application, the Municipal Planning
Commission shall have regard to:
(a)
the circumstances and merits of the application, including but not limited
to:
(i)
the impact of such nuisance factors as smoke, airborne emissions,
odors and noise on nearby properties,
(ii)
the design, character and appearance of the development being
compatible with and complementary to the surrounding properties,
and
(iii)
the servicing requirements for the proposed development;
(b)
the purpose and intent of any statutory plans adopted by the Town.
2.2.17 Notwithstanding any provisions or requirements of this Bylaw, the Development
Authority may establish a more stringent standard for "Discretionary Uses" when
deemed necessary to do so.
Bylaw 11-2018
2018/07/10
2.2.18 Where the proposed use is not listed in a land use district, the Development
Officer or the Municipal Planning Commission may consider the use to be so
listed as a discretionary use if, in their opinion, it is sufficiently similar in
character and purpose to either a listed permitted or discretionary use within the
applicable district, but is not listed as a use in another district or defined in
Definitions section.
Town of High Prairie
Land Use Bylaw 05-2015
Page 33
2.3
VARIANCES
2.3.1
The Development Authority may allow a variance not exceeding ten percent
(10%) to any front yard, side yard or rear yard setback, building height, lot
width, or lot area requirement, if in the opinion of the Development Authority:
(a)
the proposed variance would not result in a development that will
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighboring properties; and
(b)
the proposed development conforms to the use prescribed for the land or
building in this Bylaw.
2.3.2
The Development Authority may allow front yard setbacks for infill housing
development in established residential districts to be varied to coincide with the
average setback on the block face being developed.
2.3.3
The Development Authority shall specify the nature of the approved variance in
the Development Permit decision notice.
Town of High Prairie
Land Use Bylaw 05-2015
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PART THREE
NEED FOR DEVELOPMENT PERMIT
3.1
REQUIREMENTS FOR LAND USE AND DEVELOPMENT
3.1.1
No person shall commence or allow the commencement of a development, land
use or use of a building unless:
(a)
a development permit has first been issued, pursuant to this Bylaw,
except if not required by Section 3.2;
(b)
the land use or use of a building is in accordance with the terms and
conditions of the development permit issued pursuant to this Bylaw; and
(c)
a building permit or any other permit that may be required has been
obtained in accordance with the Safety Codes Act and any relevant Town
bylaw or any other applicable regulation.
Town of High Prairie
Land Use Bylaw 05-2015
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Town of High Prairie
Land Use Bylaw 05-2015
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3.2
WHEN DEVELOPMENT PERMITS ARE NOT REQUIRED
3.2.1
A Development Permit is not required for the following developments provided
they otherwise comply with the requirements of this Bylaw and are not located
within the floodplain of a watercourse:
(a)
works of maintenance or repair to any building provided that such work
does not include structural alterations, does not change the use or
intensity of the use of the building, and is performed in accordance with
obligatory legislation or other government regulations (Structural
alterations are those which would result in substantial changes to the
roof, foundation, or exterior walls of a structure, or alterations that result
in an expansion of the usable floor area of a structure and result in a
reduction to existing setback distances);
(b)
a change in the business or the occupancy of a building that does not
constitute a change in the type of use of the site;
(c)
the completion of a building which is lawfully under construction at the
date this Bylaw comes into effect provided that the building is completed
in accordance with the terms of any permit granted in respect of it,
subject to the conditions of that permit;
(d)
the erection, construction or maintenance of gates, fences, walls or other
means of enclosure less than 0.9 m (3 ft.) in height in front yards and less
than 2.0 m (6.5 ft.) in height in side and rear yards, provided that the
erection of such fence, wall or enclosure does not contravene any other
provision of this Bylaw;
(e)
the erection or installation of machinery needed in connection with
operations for which a Development Permit has been issued, for the
period of those operations;
(f)
a temporary building or structure, the sole purpose of which is incidental
to the erection or alteration of a permanent building or structure, for
which a Development Permit has been issued;
(g)
the construction and maintenance of that part of a public utility placed in
or upon a public thoroughfare or public utility easement;
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(h)
the use by the Town of land of which the Town is the legal or equitable
owner for a purpose approved by Council in connection with any public
utility carried out by the Town;
(i)
the use of all or part of a building as a temporary polling station for a
Federal, Provincial or Municipal election or referendum;
(j)
an official notice, sign, placard, or bulletin required to be displayed
pursuant to the provisions of Federal, Provincial, or Municipal legislation;
(k)
one (1) temporary, on-site sign which does not exceed 1.0 m² (11 ft²) in
area or 1.2 m (3.9 ft.) in height and is intended for:
(i)
advertising the sale or lease of a dwelling unit, or property for
which a Development Permit has been issued for new
development, or
(ii)
identifying a construction or demolition project for which a
Development Permit has been issued, or
(iii)
identifying a political campaign, or
(iv) advertising a campaign or drive that has been approved by Council;
(l)
commemorative plaques and cornerstones of a non-advertising nature;
(m)
the construction, maintenance and repair of private walkways, private
pathways, private driveways, and similar works; excluding curb cuts.
(n)
the stripping or stockpiling of soil, installation of utilities and construction
of roads in accordance with a current, signed development agreement;
(o)
the construction of a movable accessory building (not on a permanent
foundation) having an area of less than 10 m² (108 ft²) in a residential
district as long as the structure is not located on a utility or other right-of-
way and is in compliance with the regulations contained in this Bylaw.
(p)
the construction of a mast antenna structure, 15 m (50 ft.) or less in
height, when attached to the side of a building;
(q)
developments that fall under Section 618 of the Municipal Government
Act.
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3.3
NON-CONFORMING BUILDINGS AND USES
3.3.1
A non-conforming use of land or a building may be continued but if that use is
discontinued for a period of six (6) consecutive months or more, any future use
of the land or building shall conform to the provisions of this Bylaw.
3.3.2
A non-conforming use of part of a building may be extended throughout the
building but the building, whether or not it is a non-conforming building, may not
be enlarged or added to and no structural alterations shall be made to it or in it.
3.3.3
A non-conforming use of part of a lot may not be extended or transferred in
whole or in part to any other part of the lot and no additional buildings may be
constructed on the lot while the non- conforming use continues.
3.3.4
A non-conforming building may continue to be used but the building may not be
enlarged, added to, rebuilt or structurally altered except
(a)
to make it a conforming building, or
(b)
for routine maintenance of the building, if the Development Authority
considers it necessary;
3.3.5
If a non-conforming building is damaged or destroyed to the extent of more than
75% of the value of the building above its foundation, the building may not be
repaired or rebuilt except in accordance with this Bylaw.
3.3.6
The land use or the use of a building is not affected by a change of ownership or
tenancy of the land or building.
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PART FOUR
DEVELOPMENT PERMIT APPLICATIONS
4.1
CONTENTS OF A DEVELOPMENT PERMIT APPLICATION
4.1.1
A Development Permit application shall be made to the Development Officer in
writing on the prescribed form, and shall be signed by the applicant or his agent.
The Development Officer shall require the following information to be submitted
with the application:
(a)
for Permitted Uses
(i)
legal description and municipal address;
(ii)
dimensions of the site;
(iii)
dimensions of proposed buildings;
(iv)
distances from proposed buildings to all lot lines;
(v)
height of building;
(vi)
exterior finish of building;
(vii) may require any of the information identified for discretionary uses.
(b)
for Discretionary Uses
(i)
all of the information required for permitted uses;
(ii)
utilities, site drainage, grade elevations, existing and finished lot
grades, the grades of the streets and the location of proposed
sewer and water lines;
(iii)
a Real Property Report where the proposal involves an existing
building; and
(iv)
for applications for apartment buildings, dwelling groups, and
commercial, industrial, recreational and public uses:
-
loading and parking provisions;
-
access locations to and from the site;
-
garbage and storage areas and the fencing and screening
proposed for same, and location and approximate dimensions
of existing and proposed culverts and crossings.
(c)
where the applicant is an agent, tenant or purchaser acting for the
owner, a letter from the owner verifying authority to make the
application.
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(d)
where the site to be developed is located within 150 m (492 ft.) of a
Provincial Highway, an approved roadside development permit from
Alberta Transportation must be submitted as part of the development
permit application.
4.1.2
Each Development Permit application shall be accompanied by a non-refundable
processing fee, the amount of which shall be determined from time to time by
resolution of Council.
4.1.3
When, in the opinion of the Development Authority, sufficient details have not
been included with a Development Permit application, it may be returned to the
applicant for further details. The application so returned shall be deemed not to
have been in its complete and final form until all required details have been
submitted.
4.1.4
Notwithstanding 4.1.1 applications for wind energy conversion systems shall
include the following information where applicable:
(a)
the manufacturer's specifications indicating:
(i)
the rated output in kilowatts;
(ii) safety features and sound characteristics;
(iii) type of material used in tower, blade and/or rotor construction.
(b)
the potential for electromagnetic interference;
(c)
the nature and function of over-speed controls if applicable;
(d)
the design on the foundations and/or anchor design, including the
location and anchoring of any required guy wires;
(e)
information demonstrating how the system will interact with the existing
electrical utility network.
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PART FIVE
PROCESSING OF A DEVELOPMENT PERMIT
5.1
REFERRAL OF APPLICATIONS
The Development Officer may refer a Development Permit application to any agency in
order to receive comment and advice. All comments received must be presented to the
Development Authority.
5.2
CONDITIONS OF A DEVELOPMENT PERMIT
5.2.1
The Development Authority may require that as a condition of issuing a
Development Permit, the applicant enter into an agreement with the Town to do
any or all of the following:
(a)
to construct or pay for the construction of a road to town standards giving
access to the development;
(b)
to construct or pay for the construction of a pedestrian walkway system
to serve the development, or pedestrian walkways to connect the
pedestrian walkway system serving the development with a pedestrian
walkway system that serves or is proposed to serve an adjacent
development;
(c)
to install or pay for the installation of public utilities, other than
telecommunications systems or works, that are necessary to serve the
development;
Bylaw No. 02-2019
2019/05/14
(d)
to construct or pay for the construction of off-street or other parking
facilities, loading and unloading facilities, and private driveways and curb
cuts.
(e)
to pay an off-site levy or redevelopment levy;
(f)
to give security to ensure that the terms of the agreement are carried
out;
(g)
that the developer obtains a building permit and all other permits as
required by the Safety Codes Council and meet all Safety Code
Requirements;
(h)
that the developer contact Alberta One-Call, prior to construction, to
locate the utilities that run through the property;
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(i)
that the developer shall be responsible for obtaining their own
assessment of soil conditions related to bearing capacities and
consolidation in relation to the proposed development, and the
development shall be designed, constructed and maintained in such a
manner as to ensure the development's safety and stability on the subject
lands;
(j)
landscaping, screening and site development be required as per Section
8.4 of this bylaw;
(k)
services shall be constructed as per the Utilities Services Replacement
Policy. That a Town employee oversees any tie-ins to municipal services
and that the Town is notified 48 hours prior to connection to services;
(l)
that drainage from foundation to curb and the slope of the yard follows
Town of High Prairie Municipal Standards;
(m) other conditions as deemed necessary.
5.2.2
The Town shall register a caveat pursuant to the provisions of the Act and the
Land Titles Act in respect of an agreement under Section 5.2.1 against the
Certificate of Title for the land that is the subject of the development. Said
caveat shall be discharged when the agreement has been complied with.
5.2.3
A Development Permit lapses and is automatically void if the development
authorized is not commenced within twelve (12) months or completed to the
satisfaction of the Development Authority within twenty-four (24) months from
the date the permit was issued. The Development Authority may, at its
discretion, approve extensions to these time limits.
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2019/06/11
5.2.4
When an application for a development permit has been refused pursuant to this
Bylaw or ultimately after appeal, the submission of another application for a
development permit for the same parcel of land and for a similar use of the land
by the same or another applicant may not be accepted by the Development
Officer for a period of six (6) months after the date of the refusal, unless the
original application was refused for incomplete application under section 2.2.7.
5.2.5
The Development Authority may establish a specific time period in which the
development permit is valid.
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Bylaw No. 09-2019
2019/06/11
5.3
NOTIFICATION OF PERMIT APPLICATION DECISIONS
5.3.1
When a development permit application for a permitted use is approved, the
Development Officer or designate shall:
(a)
mail a Notice of Decision to the applicant or his agent on the same day that
the decision is made;
(b)
publish a copy of the Notice of Decision on the Town's website for a period
of twenty-one (21) days.
5.3.2
When a development permit application for a discretionary use is approved, the
Development Officer or designate shall:
(a)
mail a Notice of Decision to the applicant or his agent on the same day that
the decision is made; or
(b)
publish a copy of the Notice of Decision on the Town's website for a period
of twenty-one (21) days, or publish the Notice of Decision in a local
newspaper, stating the location and address of the property for which the
application has been made, the proposed use, and the decision of the
Development Authority;
(c)
or both.
5.3.3
When a Development Permit application is refused, the Development Officer or
designate shall mail a Notice of Decision to the applicant or his agent stating the
reasons for the refusal.
5.3.4
For the purposes of this Bylaw, the date of issuance of the Notice of Decision of
the Development Authority is deemed to be the same day the Notice of Decision
is signed and mailed to the applicant or their agent, or the day the Notice of
Decision is published on the Town's website and/or in a local newspaper.
5.3.5
For the purposes of this Bylaw, the date of receipt of the Notice of Decision of
the Development Authority by the applicant or their agent is deemed to be
seven (7) days from the date the Notice of Decision is mailed to the applicant or
their agent.
5.3.1
A Development Permit comes into effect twenty-four (24) days from the date of
issuance. Where an appeal has been filed with the Subdivision and Development
Appeal Board within twenty-one (21) days from the date of issuance of the
Notice of Decision, no development shall be commenced pursuant to the
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Development Permit until the Board upholds the issuance of the Development
Permit.
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PART SIX
APPEALING A DECISION
6.1
METHOD OF APPEAL
6.1.1
The Appeal Board shall perform such duties and follow such procedures as
specified in the Act and in the Subdivision and Development Appeal Board Bylaw
as established by separate Bylaw.
6.1.2
A decision on a Development Permit application may be appealed in accordance
with the Act.
6.2
THE APPEAL ADMINISTRATIVE PROCESS
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2019/06/11
6.2.1
The Clerk shall ensure that a notice of appeal is given to all persons required to
be notified under the provisions of the Act.
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2019/06/11
6.2.2
When a notice has been served on the Clerk with respect to a decision to
approve a Development Permit application; the Development Permit shall not be
effective before:
(a)
the decision on the permit has been upheld by the Appeal Board; or
(b)
the Clerk has received written notification from the appellant that the
appeal has been abandoned.
6.2.3
If the decision to approve a Development Permit application is reversed by the
Appeal Board, the Development Permit shall be null and void.
6.2.4
If the decision to refuse a Development Permit application is reversed by the
Appeal Board, the Appeal Board shall direct the Development Officer to issue a
Development Permit forthwith in accordance with the decision of the Appeal
Board.
6.2.5
If the decision to approve a Development Permit application is varied by the
Appeal Board, the Appeal Board shall direct the Development Officer to issue a
Development Permit forthwith in accordance with the terms of the decision of
the Board.
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PART SEVEN
AMENDING THE BYLAW
7.1
CONTENTS OF AN AMENDMENT APPLICATION
7.1.1
A Land Use Bylaw amendment application shall be made to the Development
Officer in writing on the prescribed form, and shall be signed by the applicant or
his agent. The Development Officer may require any or all of the following
information to accompany an application to amend this Bylaw:
(a)
if the amendment involves the re-designation of land to a different land
use district,
(i)
a copy of the Certificate of Title for the lands affected, or any other
documentation satisfactory to the Development Officer verifying
that the applicant has a legal interest in the land;
(ii)
where the applicant is an agent acting for the owner, a letter from
the owner verifying the agent's authority to make the application;
and
(iii)
a properly dimensioned map indicating the affected site and its
relationship to existing land uses within a 30.48 m (100 ft.) radius of
the boundaries of the site;
(b)
a statement of the reasons for the request to amend the Bylaw;
(c)
such additional information as the Development Officer may require.
7.1.2
Each land use bylaw amendment application shall be accompanied by a non-
refundable processing fee, the amount of which shall be determined from time
to time by resolution or bylaw of Council.
7.1.3
The Development Officer may refuse to process a Land Use Bylaw amendment
application if the information required has not been supplied or if, in his opinion,
it is of inadequate quality to properly evaluate the application.
7.1.4
Council, on its own initiative, may proceed to undertake an amendment to this
Bylaw by directing the Development Officer to initiate an application.
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7.2
THE AMENDMENT PROCESS
7.2.1
Upon receipt of a complete application, it shall be referred to:
(a)
Town administration for the drafting of a proposed Land Use Bylaw
amendment;
(b)
Council for first reading and to establish a date for a Public Hearing to be
held prior to second reading.
7.2.2
The Development Officer may refer an amendment application to any agency in
order to receive comment and advice. Any comments received shall be
forwarded to Council.
7.2.3
A notice of the application shall be published in two (2) issues of a local
newspaper. This notice shall contain:
(a)
the purpose of the proposed amendment;
(b)
the location of one or more places where copies of the proposed
amending order may be inspected by the public during reasonable hours;
(c)
the date, place, and time that Council will hold a public hearing on the
proposed amendment;
(d)
an outline of the procedures to be followed by anyone wishing to be
heard at the public hearing;
(e)
that the outline of procedures will be identified at the beginning of the
public hearing; and
(f)
the municipal address, if any and the legal description of the land in
question if the amendment involves the re-designation of land to a
different land use district.
7.2.4
If the proposed amendment involves the re-designation of land to a different
land use district, the Development Officer shall mail a notice containing the
information outlined in Section 7.2.3 to the owner(s) of the land in question, and
to all landowners within a 30.0 m (100 ft.) radius of the land in question.
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7.2.5 Council, after considering any representations made at the public hearing and any
municipal development plan, area structure plan, and area redevelopment plan
affecting the application and the provisions of this Bylaw may:
(a)
make such changes as it considers necessary to the proposed
amendment, if any, and proceed to pass the proposed amendment; or
(b)
defeat the proposed amendment.
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PART EIGHT
GENERAL REGULATIONS
In addition to the specific requirements for each district, the following regulations shall
apply. For the purposes of Direct Control Districts, the general regulations of this section
should act as guidelines for development standards.
8.1
BUILDING DESIGN, CHARACTER AND APPEARANCE
The design, location on site, external finish, and architectural appearance of commercial,
industrial and residential buildings, and any accessory buildings or structures, shall be to
the satisfaction of the Development Authority.
8.2
CORNER SITE RESTRICTIONS
8.2.1
On any corner site, no finished grade shall exceed the general elevation of the
road by more than 0.6 m (2 ft.) within the area defined as a sight triangle.
8.2.2
Notwithstanding any other provision contained in this Bylaw, no person shall
place or maintain any object, structure, fence, hedge, shrub, tree or permanent
sign within a sight triangle.
8.3
DWELLING UNITS PER LOT
No person shall construct or cause to be constructed, or shall use or to be used more
than one dwelling unit per lot, except where permitted by this bylaw.
8.4
LANDSCAPING, SCREENING AND SITE DEVELOPMENT
8.4.1
A minimum of five percent (5%) of the site area shall be landscaped. In addition,
all areas of a developed lot not used for vehicular circulation, storage or a
structure shall be landscaped with soft landscaping to the satisfaction of the
Development Authority.
8.4.2
Any area requiring landscaping or topographic reconstruction shall be designed
so that the finished surface contours do not direct surface drainage onto an
adjoining site.
8.4.3
All development shall be graded to ensure that the finished elevation of the main
floor is at least 0.3 m (1ft.) higher than the elevation of the back-of-curb. The
finished elevation of the main floor shall not exceed a height of 0.6 m (2 ft.).
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8.4.4
Screening shall be provided in the form of hard or soft landscaping in order to
visually separate areas that detract from the surrounding neighbourhood unless
in the opinion of the Development Authority it is not necessary. The construction
and materials of the screen shall be of a quality to the satisfaction of the
Development Authority.
8.4.5
Any lighting proposed to illuminate areas in any district shall be located and
arranged to the satisfaction of the Development Authority so that all direct rays
of light are directed upon the area to be illuminated and not on any adjoining
properties or roadways.
8.4.6
All developments in the Commercial Districts and the Industrial District are
required to provide on-site garbage disposal receptacles. These receptacles shall
be located such that they do not interfere with vehicle circulation or reduce the
usability of any required parking stalls, and shall be screened to the satisfaction
of the Development Authority.
8.4.7
Storage Yards and all outside storage areas shall be screened from view of
adjacent sites and public thoroughfares to the satisfaction of the Development
Authority.
8.5
OBJECTS PROHIBITED IN DISTRICTS
8.5.1
No person shall be allowed to keep or maintain:
(a)
an abandoned or inoperative vehicle on a site in a residential district for
more than fourteen (14) consecutive days except pursuant to a
development permit;
(b)
any excavation, building, debris or storage of material upon a site during
the construction stage of any development unless all safety requirements
are complied with to the satisfaction of the Development Authority, and
the owner and developer of any such site assumes full responsibility for
on-site safety measures;
(c)
any excavation, equipment, or construction materials on a site over a
period longer than is reasonably necessary to complete construction; or
(d)
after a temporary development permit has expired.
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8.5.2
In the event of an abandoned work site after all permits have been lapsed the
town shall at the owner's expense
(a)
remove any abandoned vehicles,
(b)
fill any excavations,
(c)
remove any equipment or construction materials.
8.6
PARKING AND LOADING FACILITIES
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05/14/2019
8.6.1
On-site parking shall be provided in accordance with the following table:
RESIDENTIAL
Apartment Building, Dwelling Group
1.5 stalls/dwelling unit
0.5 bicycle parking space/dwelling unit
Dwelling units: Single Detached, Duplex,
Semi-Detached, Manufactured Home
2 stalls/dwelling unit
Accessory Dwelling
1 stall/ dwelling unit
Manufactured Home park
2 stalls/dwelling unit
Senior Citizen Complex
1 stall/dwelling unit
COMMERCIAL/INDUSTRIAL
Business, Administrative and Professional
Office, Bank
2.2 stalls/100 m2 (1075 ft2) of gross floor
area plus one (1) bicycle parking space
per five (5) stalls
Retail Shop, Personal Service Facility
3.6 stall/100 m2 (1075 ft2) of gross floor
area plus one (1) bicycle parking space
per five (5) stalls
Restaurant (including Drive-In), Drinking
Facility
1 stall/4 seats (minimum 15 stalls) plus
one (1) bicycle parking space per five (5)
stalls
Hotel, Motel
1 stall/guest unit plus 1 stall/2 employees
Where a hotel, motel, restaurant or
drinking facility are grouped in any
combination on site
Required number of stalls may be
reduced at the discretion of the
Development Authority to 75% of the
combined total of all uses
Shopping Centre
5.5 stalls/100 m2 (1075 ft2) of gross floor
area plus one (1) bicycle parking space
per five (5) stalls
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Gas Bar
3.6 stalls/100 m2 (1075 ft2) of gross floor
area for all uses allowed on site including
service islands at grade
Manufacturing and Industrial Plant
1 stall/2 employees on a maximum
working shift
Warehousing, Wholesale and Storage
Building and Yard, Servicing and Repair
Facility, Public Utility Building
1 stall/2 employees on a maximum
working shift
RECREATIONAL AND PUBLIC USES
Public Assembly Auditorium, Theatre,
Convention Hall, Private Club, Ball Park
1 stall/3.5 seats or 33 stalls/100 m2 (1075
ft2) of gross floor area used by patrons,
whichever is greater, plus one (1) bicycle
parking space per ten (10) stalls
Place of Worship
1 stall/5 seats, with discretion to utilize
adjacent sites plus one (1) bicycle parking
space per twenty (20) stalls
Hospital, Nursing Home
1 stall/bed plus one (1) bicycle parking
space per ten (10) stalls
Medical or Veterinary Clinic
4 stalls/100 m2 (1075 ft2) of gross floor
area plus one (1) bicycle parking space
per ten (10) stalls
EDUCATION FACILITY
Elementary or Junior High School
1 stall/employee plus 0.2 stalls/employee
for guest parking plus one (1) bicycle
parking space per five (5) students, based
on design capacity
Senior High School
1 stall/employee plus 0.3 stalls/student
plus 0.2 stalls/employee for guest parking
plus one (1) bicycle parking space per five
(5) students, based on design capacity
Colleges or Post-Secondary Uses
1 stall/staff and 0.5 stalls/student plus
one (1) bicycle parking space per ten (10)
vehicle parking stalls
All Other Uses
As determined by the Development
Authority
8.6.2
When a building is enlarged, altered or changed in use in such a manner as to
cause an intensification of the use of that building, provision shall be made for
the additional parking stalls required under the provisions of this Bylaw. The
required parking shall be based only on the number of additional parking stalls
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required because of the enlargement, change in use, or intensification of the use
of the building.
8.6.3
Parking stalls shall be located on the same site as the building or use for which
they are required and shall be designed, located and constructed so that:
(a)
they are reasonably accessible to the vehicles intended to be
accommodated there;
(b)
they can be properly maintained; and
(c)
they are satisfactory to the Development Authority in size, shape, location
and construction.
8.6.4
Notwithstanding other provisions of this Bylaw, excluding Residential Districts,
the Development Authority may allow for the required number of parking stalls
to be fulfilled by off-site parking. The developer providing a maximum of twenty
five percent (25%) of the required on-site parking on land other than the
development site provided that:
(a)
the proposed parking is located, to the satisfaction of the Development
Authority, a reasonable distance from the site where the principal
building is located or where the approved use is carried on;
(b)
the applicant owns and controls the alternate site; and
(c)
the applicant covenants to the Town, in a form approved by the Town,
that the alternate site shall not be used for any purpose other than
parking so long as it is required for compliance with this Bylaw. Such
covenant shall be registered by caveat against the subject site.
8.6.5
Parking stalls shall be designed and provided in accordance with the following
table:
STALL WIDTH
STALL ANGLE
AISLE WIDTH
STALL DEPTH
Perpendicular to
Aisle
2.5 m (8.0 ft.)
30 degrees
5.5 m (18 ft.)
6.0 m (19.5 ft.)
2.5 m (8.0 ft.)
45 degrees
5.5 m (18 ft.)
6.0m (19.5 ft.)
2.5 m (8.0 ft.)
60 degrees
5.5 m (18 ft.)
6.0 m (19.5 ft.)
2.5 m (8.0 ft.)
90 degrees
5.5 m (18 ft.)
6.0 m (19.0 ft.)
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All dimensions are in metres
8.6.6
On-site parallel parking stalls shall be a minimum of 5.5 m (18 ft.) in length and
2.5 m (8 ft.) in width.
8.6.7
Any loading space shall be a minimum of 28 m2 (300 ft2) in area, 3.5 m (11.5 ft.)
in width, and have at least 4.0 m (13 ft.) of overhead clearance. Such loading
spaces shall be specifically identified as separate and distinct from required on-
site parking, and shall not reduce the usability of any required parking stalls.
8.6.8
All on-site parking and loading areas, and access thereto shall be paved.
8.6.9
Adequate curbs, pre-cast barrier curbs, or fences shall be provided to the
satisfaction of the Development Authority where it is deemed necessary in order
to protect adjacent fences, walls, boulevards, landscaped areas, or buildings on
the site, or an abutting site, from contact with vehicles.
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8.6.10 For all commercial, public and recreational uses, a portion of the parking area
nearest the principal building shall be designated for use by the handicapped to
the satisfaction of the Development Authority.
8.7
RELOCATION OF BUILDINGS
8.7.1
Notwithstanding Section 3.2, a development permit shall be required for the
relocation of a building.
8.7.2
Where a Development Permit has been granted for the relocation of a building
on the same site or from another site, the Development Officer may require the
applicant to enter into a development agreement with the Town and post a
performance bond or other security to the satisfaction of the Town of such
amount to ensure completion of any renovations set out as a condition of
approval of a Development Permit.
8.7.3
Prior to the issuance of a development permit, the Town shall require the
developer to provide an engineer's certificate to confirm that the building is
structurally sound.
8.7.4
Unless otherwise specified by the Development Authority, any required
renovations shall be completed within one (1) year of the issuance of a
Development Permit.
8.8
NOTICE OF AGRICULTURAL OPERATIONS
The Town shall publish in a newspaper circulating in the area, twice a year, a notice
indicating that some lands in the Town and adjacent to the Town boundaries are in
agricultural production and that certain activities related to the agricultural operations
may be considered a nuisance to Town residents.
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PART NINE
ADDITIONAL REGULATIONS FOR SPECIFIC LAND USES
9.1
ACCESSORY BUILDINGS
9.1.1
No accessory building, in a residential area, shall be located in a front yard.
9.1.2 The minimum rear yard setback shall be 1.0 m (3.3 ft.). Where primary access to a
private garage is obtained via a rear lane, however, and the vehicle entrance
doors face the lane, the minimum rear yard setback shall be 6.1 m (20 ft.).
9.1.3 The minimum interior side yard setback shall be 1.0 m (3.3 ft.). However, no side
yard is required for any accessory building in a residential or industrial district
where a mutual wall is erected on a common property line and is constructed of
brick, stone, or equivalent fire resistant material. There will be no overhang of
eaves and all drainage shall be confined to the site.
9.1.4 The minimum exterior side yard setback shall be 2.0 m (6.6 ft.). Notwithstanding
this requirement, an accessory building shall be located no closer to a road than
the closest portion of the principal building.
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9.1.5
An accessory building shall be located at least 2.0 m (6.6 ft.) from any principal
building.
9.1.6
An accessory building in a residential district shall not exceed 5.5 m (18 ft.) in
height.
9.1.7
The total combined area of all accessory buildings shall not exceed ten percent
(10%) of the site area.
9.1.8
For the purpose of calculating yard setbacks and site coverage requirements as
provided for in this Bylaw, when an accessory building is attached to the
principal building on a site by a roof, an open or enclosed structure, a floor, or a
foundation, it is to be considered a part of the principal building and not as an
accessory building.
9.1.9
Unless otherwise permitted in this Bylaw, no accessory building shall be used as
a dwelling unit.
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05/14/2019
9.2
ACCESSORY DWELLING
9.2.1
Accessory dwelling units shall meet the following standards:
(a)
An accessory dwelling may only be developed on a parcel where a single
detached dwelling is the principal use.
(b)
A maximum of one accessory dwelling is allowed on a parcel.
(c)
An accessory dwelling shall have an entrance independent of the principal
dwelling unit.
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(d)
An accessory dwelling shall utilize the same water and sewer systems as
the principal dwelling unit.
(e)
Shared mechanical rooms and common areas shall be excluded from the
floor area calculation of an accessory dwelling unit.
(f)
An accessory dwelling shall not be subject to separation from the principle
dwelling unit through a condominium conversion or subdivision.
9.2.2
In addition to 9.2.1 (a) dwelling unit, garage suite shall meet the following
standards:
(a)
a garage suite shall not exceed a maximum of 65.0 m2 (700.0 ft2) or the
floor area of the garage, whichever is less.
(b)
a garage suite shall comply with the setback requirements for accessory
buildings in the applicable district.
(c)
a garage suite shall only be located within a detached garage and in the
rear yard of a parcel.
(d)
a garage suite shall not exceed the height of the principal dwelling unit.
(e)
windows contained within a garage suite shall be sized and placed such
that they minimize overlook into yards and windows of abutting
properties.
(f)
a garage suite shall have a residential character and shall be finished in a
manner compatible with the character and appearance of the principal
building.
9.2.3
In addition to 9.2.1 (a) dwelling unit, garden suite shall meet the following
standards:
(a)
a garden suite shall not exceed a maximum of 65.0 m2 (700.0 ft2) in floor
area.
(b)
a garden suite shall comply with the setback requirements for accessory
buildings in the applicable district.
(c)
a garden suite shall not exceed the height of the principal dwelling unit.
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(d)
windows contained within a garden suite shall be sized and placed such
that they minimize overlook into yards and windows of adjacent
properties.;
(e)
a garden suite shall have a residential character and shall be finished in a
manner compatible with the character and appearance of the principal
building.
9.2.4
In addition to 9.2.1 (a) dwelling unit, secondary suite shall meet the following
standards:
(a)
a secondary suite shall not exceed 45% of the floor area, including a
basement, of the principal dwelling unit.
(b)
a secondary suite shall have a separate entrance that is at the side or rear
of the principal dwelling, or through a separate entrance from a common
landing.
(c)
a secondary suite shall be developed in such a manner that the exterior of
the principal building containing the secondary suite appears as a single
dwelling.
9.2.5
If the accessory dwelling is a garden suite, the setback requirements for
accessory buildings in the applicable district shall apply.
9.2.6
All accessory dwellings shall utilize the same water and sewer systems as the
principal dwelling unit.
9.2.7
A garden suite shall not be located on a permanent foundation.
9.2.8
A development permit for a garden suite shall be valid for five (5) years, at which
time it may be renewed if the garden suite is still required by the occupant(s) for
whom it was originally approved. The garden suite shall be removed at such time
that it is no longer required to accommodate the original occupant(s).
9.2.9
A maximum of one (1) accessory dwelling is permitted per principal dwelling
unit, where allowed. Shared mechanical rooms and common areas shall be
excluded from the floor area calculation of the accessory dwelling.
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9.3
CAR WASH FACILITIES
9.3.1
The minimum site area shall be 743 m2 (8,000 ft2) and shall contain parking space
for six (6) vehicles prior to their entry into any part of the cleaning process. In the
case of gas bars that have car washes installed, the minimum site area shall be
1,115 m2 (12,000 ft2).
9.3.2
All car washes shall be connected to municipal water and sewer systems.
9.4
DRIVE-IN RESTAURANTS
9.4.1
The location of all exits and entrances shall be subject to the approval of the
Development Authority, and vehicular circulation within the site shall be
unidirectional and adequately signed.
9.4.2
Those portions of a site that are adjacent to a residential district shall be
screened to the satisfaction of the Development Authority.
9.5
HOME OCCUPATIONS
9.5.1
Home occupations shall not interfere with the rights of other residents to the
quiet enjoyment of a residential neighbourhood.
9.5.2
Home occupations shall be an incidental and subordinate use to the residential
use, and shall not:
(a)
require alterations to the principal building unless the alterations are
approved by the Development Authority as part of a Development Permit
application;
(b)
create a nuisance by way of dust, noise, smell, smoke or traffic
generation;
(c)
have outside storage of materials, goods and/or equipment on the site;
and
(d)
display any form of commercial advertising, wares or products discernible
from the outside of the building but may display an unlighted sign placed
in a window or attached to the exterior of the dwelling which is a
maximum of .5 m2 (5.4 ft2) in area.
9.5.3
Home occupations may be approved by the Development Authority.
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9.5.4
All Bed and Breakfast Operations and food preparation facilities are required to
conform to the standards administered by the local Heath Authority, and to
obtain all necessary licenses required under the applicable legislation.
Bylaw No. 02-2019
05/14/2019
9.6
MANUFACTURED HOMES
9.6.1 In addition to the development permit application requirements established in
Part 4 of this bylaw, the following information shall be required as part of the
development permit application:
(a)
the manufacture date of the manufactured home, and
(b)
a picture of all exterior sides of the manufactured home, and the following
should be required as part of the development permit application:
(c)
a picture or copy of the CSA A277 sticker or the Alberta Municipal Affairs
sticker, or CSA-Z240 sticker for manufactured homes in the Manufactured
Home Park District, within the manufactured home to verify that the
manufactured home was constructed in compliance with the applicable
standard in place at the time of manufacture.
9.6.2
A manufactured home in the Manufactured Home Park District shall be
manufactured no earlier than 1985. A manufactured home in any other district
shall be no more than twelve (12) years old at the time of application.
9.6.3 If the information required in 9.6.1(c) cannot be provided, or the Development
Officer has knowledge of structural alterations to the manufactured home, or the
manufactured home is more than twelve (12) years old at the time of application,
the Development Authority may require a stamped report from a qualified
structural engineer to ensure the manufactured home is structurally sound prior
to the application being considered complete.
9.6.4
Where a report is required and the report determines that upgrades are
necessary, all required upgrades should be made before the issuance of a
development permit. The Development Authority may require a second report to
confirm that the upgrades were completed.
9.6.5
The appearance of the home shall be to the satisfaction of the Development
Authority, having regard for the condition of the finishing materials, the
proposed skirting materials, the placement and size of windows and doors, and
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any other considerations deemed necessary. The Development Authority may
refuse a development permit application on the basis of a poor appearance.
9.6.6
Any required aesthetic upgrades to the manufactured home must be completed
before the issuance of the development permit. The installation of foundation
or skirting material must be completed within thirty (30) days of the placement
of the manufactured home on a site.
9.6.7 The undercarriage and foundation of a manufactured home shall be completely
screened from view by an acceptable skirting material such as vinyl, plywood
finished with parging or acrylic stucco, or other means acceptable to the
Development Authority.
9.6.8 Axles, wheels, running gear and towing tongue shall be removed before a
manufactured home is attached to a permanent foundation.
9.6.8 All manufactured homes shall be connected to municipal services prior to their
occupation.
9.7
SERVICE STATIONS
9.7.1
Where a service station is proposed to include a retail food store, a car wash
and/or an auto parts store, the Approving Authority shall ensure that the
location of parking and circulation area does not interfere with the free
movement of re-fueling vehicles.
9.7.2
Fencing or screening to the satisfaction of the Development Authority shall be
provided along the lot line separating a service station from any abutting
residential districts.
9.8
SHOPPING CENTRES AND MULTI-PURPOSE BUILDINGS
9.8.1
In considering an application for a development permit, the Development
Authority shall evaluate the proposal according to the following criteria:
(a)
orientation, exterior design and architectural appearance of buildings or
structures should be of a high standard;
(b)
location of the development must be compatible with adjacent land uses;
(c)
vehicular traffic flow patterns within and access to and from the site must
not cause traffic congestion;
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(d)
pedestrian access and egress within the site and from any public sidewalk
must be convenient and safe; and
(e)
location of exterior signs (information, directional or advertising) must
maintain a unified theme and shall conform to the requirements of this
Bylaw.
9.8.2
A minimum landscaped buffer strip of 1 m (3.3 ft.) in width shall separate any
parking area from the lot line of the site.
9.9
SIGNS
9.9.1
Signage Regulations for All Districts
(a)
No sign of advertising, directional or information nature shall be erected
on a site or affixed to any exterior surface of any building or structure
unless an application for this purpose has been approved by the
Development Authority.
(b)
No sign shall project more than one half of the distance from the building
exterior to the adjacent curb face. The erection of such signs shall require
the developer to enter into an encroachment agreement with the Town.
(c)
No sign shall project more than 1.5 m (5 ft.) above the top of any main
wall or parapet to which it is affixed, unless in the opinion of the
Development Authority it is has been designed as an integral part of the
building.
(d)
No sign shall be illuminated unless the source of light is suitably shielded
and does not interfere with vehicular traffic or the use and enjoyment of
adjacent properties.
(e)
The support structure for all signs shall be an integral part of the design
and shall be affixed and designed in accordance with accepted
engineering practices as outlined in the Alberta Building Code to support
the wind load of the sign structure.
(f)
No sign, other than one providing a public service and deemed
appropriate by the Development Authority shall be permitted to be
located on a public right-of-way or reserve.
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(g)
The Development Authority may refuse to allow any sign that is deemed
to be inappropriate in design.
(h)
There shall be a minimum clearance height of 2.5 m (8 ft.) above finished
grade to the bottom of any sign projecting over a public right-of-way or
sidewalk.
9.9.2
Signage Regulations for Commercial and Industrial Districts
(a)
Free Standing Signs
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(i)
A maximum of one (1) free standing sign may be allowed for each
site having a continuous frontage of up to 15 m (50 ft.).
(ii)
A maximum of one (1) additional free standing sign may be allowed
for every additional 30.5 m (100 ft.) of continuous frontage but in
no case should there be more than four (4) free standing signs on
any one (1) site.
(iii) No free standing sign shall be located on or project over a public
right-of-way unless an encroachment agreement has been entered
into with the Town.
(iv) Free standing signs shall conform to the setback requirements for
principal buildings in the district in which the sign is located unless,
in the opinion of the Development Authority, the sign would be
compatible with the surrounding land uses and would not
compromise traffic safety. For the purpose of this section, setback
distances shall be measured from the outermost edge of the sign
and/or support structure, whichever is closest to the lot line.
(b)
Awning and Canopy Signs
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(i)
An awning or canopy sign may be allowed on second and third floor
awnings in order to advertise those businesses operating at those
floors in addition to the business on the first floor.
(ii)
There shall be a minimum clearance of 2.5 m (8 ft.) above finished
grade at the sign location.
(iii)
Where a canopy, marquee or similar architectural projection has
been included as an integral component of the overall architectural
design of a building or designed to provide protection from the
weather over an entrance or sidewalk and has been constructed in
accordance with the provisions of the Alberta Building Code, the
following shall apply:
1. any sign erected upon the vertical surfaces of the canopy shall
not extend horizontally beyond the limits of the vertical surface,
2. no sign suspended under a canopy shall extend beyond the
horizontal limits of the canopy. Signs suspended under a canopy
shall have a clearance of at least 2.5 m (8 ft.).
(c)
Mansard Roof Signs
A sign may be attached to the face of a mansard roof in lieu of a wall-
mounted sign provided that the sign not project beyond the roof peak or
sides.
(d)
Portable Signs
A maximum of one portable sign shall be allowed per commercial site at
the discretion of the development authority.
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Bylaw No. 02-2019
2019/05/14
9.9.3
A free standing or wall sign may be allowed to identify an apartment building,
manufactured home park or subdivision, residential subdivision, or other non-
commercial uses provided the sign does not exceed 2 m2 (21.5 ft2.), project to
within 1.0 m (3.3 ft.) of a property line, and exceed 3.5 m (11.5 ft.) in height
from finished grade.
9.10
DECKS
9.10.1 A Deck shall be constructed to allow access to all utilities and meters in case of
an emergency.
9.10.2 A Ground Level Deck means an unenclosed amenity area of concrete, brick,
wood or other material that is constructed at grade or attached to a dwelling.
The overall height (H) of a ground level deck shall not exceed 0.6 m (2 ft.)
measured from finished grade to the underside of the supporting structure, as
illustrated below. A Ground Level Deck not attached to a building is deemed an
accessory structure.
9.10.3 A Raised Deck means an unenclosed amenity area, of wood frame or other
construction, which may be attached to a dwelling. The overall height (H) of a
raised deck is greater than (>)0.6 m (2 ft.) measured from finished grade to the
underside of the supporting structure, as illustrated below. A Raised Deck, not
attached to a building is deemed to be an accessory structure.
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Bylaw No. 11-2018
2018/07/10
9.11
LICENSED MEDICAL MARIHUANA PRODUCTION FACILITIES - deleted
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9.12
SEA-CANS
9.12.1
A sea-can may not be located on a lot where there is no principal use.
9.12.2
The maximum number of sea-cans that may be placed on a commercial or
industrial lot is at the discretion of the Development Authority.
9.12.3
Sea-cans cannot be used as a dwelling unit of any type within the Town of High
Prairie.
9.12.4
Sea-cans cannot be stacked. The maximum height for a sea-can allowed on a lot
is 3.0 m (9.8 ft.).
9.12.5
Sea-cans must be well-maintained and in good condition, or alternatively, must
be adequately buffered to the satisfaction of the Development Authority. The
Development Authority may require that a sea-can be given a fresh coat of paint
as a condition of the issuance of a development permit.
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9.12.6
A maximum of one (1) sea-can may be allowed, at the discretion of the
Development Authority, for a temporary period not exceeding six (6) months
during the construction of the primary dwelling on a lot.
9.12.7
The exterior finish of a sea-can sited within a Commercial or Residential District
must be consistent with the finish of the primary building.
9.13
CAMPGROUNDS
9.13.1
A development concept plan may be required by the Development Authority
as part of a development permit application.
9.13.2
A minimum of 10% of the gross lot area of the campground shall be set aside
for common recreation area and shall be developed and maintained as a park,
playground or other useable open space. No portion of any other use and/or
facility shall be included in this area.
9.13.3
Visitor parking shall be provided in common areas within a campground area,
to the satisfaction of the Development Authority.
9.13.4
A campground shall provide safe and convenient vehicular access and all
roadways within a campground shall be of a surface and standard acceptable
to the Development Authority for the purpose of accommodating emergency
and maintenance vehicles.
9.13.5
The Development Authority may require a landscaping plan to be submitted as
part of a development permit application for a campground.
9.13.6
Any adjoining residential area(s) shall be screened by a solid fence or year-
round vegetation with a minimum height of 2.0 m (6.6 ft.), to the satisfaction
of the Development Authority.
9.13.7
Fires shall be permitted only in facilities which have been provided for such
purpose or where open fires are allowed by the Town's fire department.
9.13.8
The storage, collection and disposal of solid waste in campgrounds shall be so
conducted so as to create no health hazards, rodent harbourage, insect
breeding areas, or accident or fire hazards. Individual or grouped refuse
containers must be screened to the satisfaction of the Development Authority.
9.14
SOLAR ENERGY COLLECTION SYSTEMS
9.14.1
Solar energy collection systems shall only be allowed as accessory
developments.
9.14.2
Ground mounted solar collectors shall be located in a side or rear yard only.
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9.14.3
When a solar energy collection system is installed on a lot, accessory structures
or vegetation on an abutting lot should not be located so as to block the solar
collector's access to solar energy. The portion of a solar collector that is
protected is the portion which:
(a)
is located so as not to be shaded between the hours of 10:00 a.m. and
3:00 p.m. by a hypothetical 3.66 m (12 ft.) obstruction located on the lot
line; and
(b)
has an area not greater than one-half of the heated floor area of the
structure, or the largest of the structures, to be served.
Notwithstanding the foregoing, the Town shall not be held responsible for
protecting access to solar energy on private land.
9.14.4
No solar energy collection system that is tied into a grid shall be installed until
evidence has been given that the utility has been informed of the customer's
intent to install an interconnected customer-owner generator. A copy of a letter
to the applicant's utility is sufficient. No response or evidence of approval from
the utility is required. Off-grid systems and grid-tied systems that are not
capable of feeding onto the grid with advanced control grid fault protection and
disconnect switches covered under the electrical code shall be exempt from the
requirement.
9.15
WIND ENERGY CONVERSION SYSTEMS, LARGE
9.15.1
Prior to making a decision on an application for a development permit for a
Large Wind Energy Conversion System, the Development Authority shall
consider input from:
(a) any adjacent municipality should the proposed development be located
within 2 km (1.2 mi.) of the municipality; and
(b) landowners within 2 km (1.2 mi.) of the proposed development.
9.15.2
When making an application for a development permit for a Large Wind
Energy Conversion System, the developer shall provide to the Development
Authority appropriate reports and/or approvals from the following:
(a) Transport Canada;
(b) NavCanada;
(c) Alberta Culture and Community Spirit;
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(d) Alberta Environment and Sustainable Resource Development;
(e) Alberta Tourism, Parks and Recreation;
(f) Alberta Transportation.
9.15.3
Should a Large Wind Energy Conversion System discontinue producing power
for a minimum of two (2) years, the system operator shall be required to
provide a status report to the Development Authority. The Development
Authority may then require that the system be decommissioned. Failure to
comply with a decommissioning requirement shall be considered to be a
breach of this Bylaw, and subject to the enforcement provisions of this
Bylaw.
9.15.4
A large wind energy conversion system shall comply with all the setbacks
related to roads and highways that govern the principal use in the district in
which it is located.
9.15.5
Where, in the opinion of the Development Authority, the setbacks referred
to in Section 9.15.4 above are not sufficient to reduce the impact of a large
wind energy conversion system from a road or highway, the Development
Authority may increase the required setback.
9.15.6
The turbine base shall be no closer to the property line than four times the
height of the wind turbine tower. Where in the opinion of the Development
Authority the setback from the property line should be varied, the
Development Authority may require an acoustical study to establish
appropriate setbacks.
9.15.7
The minimum vertical blade clearance from grade shall be 7.4 m (24.6 ft.) for
a wind energy conversion system employing a horizontal axis rotor unless
otherwise required by the Development Authority.
9.15.8
To ensure public safety, the Development Authority may require that:
(a) a locked device be installed on the tower to preclude access to the top
of the tower;
(b) no ladder or permanent tower access device be located less than 3.7 m
(12.1 ft.) from grade;
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(c) a secure fence not less than 1.8 m (5.9 ft.) in height with a lockable gate
surround a wind energy conversion system tower if the tower is
climbable or subject to vandalism that could threaten tower integrity;
and
(d) such additional safety mechanisms or procedures be provided as the
Development Authority may consider reasonable and appropriate.
The use of tubular towers, with locked door access, may, at the sole
discretion of the Development Authority, make unnecessary the above
requirements.
9.15.9
All power lines on the site of a large wind energy conversion system to the
power grid or a power substation will be underground except where the
Development Authority specifically approves overhead or above grade
installations.
9.15.10
Unless otherwise required by the Development Authority, a large wind
energy conversion system shall be finished in a non-reflective matte material
and in a colour which minimizes the obtrusive impact of a system to the sole
requirements of the Development Authority.
9.15.11
No lettering, advertising or other symbol shall appear on the towers or
blades. On other parts of the large wind energy conversion system, the only
lettering or symbol allowed will be the manufacturer's and/or owner's
identification or symbol and then, only upon the approval of and at the
discretion of the Development Authority.
9.15.12
The Development Authority may approve a large wind energy conversion
system on a case-by-case basis having regard for:
(a) information provided in the application;
(b) the proximity of the proposed development to other land uses;
(c) the cumulative effect of all wind energy conversion systems approved or
proposed in the area;
(d) underlying utilities; and
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(e) information received from the circulation of the application and from
the public.
9.15.13
Large wind energy systems must comply with applicable air traffic safety
regulations. Transport Canada must be notified of the location (latitude and
longitude) and height of all wind turbine installations through the
aeronautical clearance application process.
9.16
WIND ENERGY CONVERSION SYSTEMS, MICRO
9.16.1 Notwithstanding any other provisions in this Bylaw, micro wind energy
conversion systems, which are systems which have a rated capacity of less than
0.5 KW, may only be roof mounted or ground mounted within a side or rear
yard.
9.16.2 Micro wind energy conversion systems shall be required to conform to set back
requirements for accessory buildings.
9.16.3 Maximum height shall be the maximum height provisions that apply within the
District in which the micro wind energy conversion system is located.
9.16.4 One micro wind energy conversion system is allowed per lot. A second system
may be allowed at the discretion of the Development Authority if the applicant
can demonstrate that there is adequate room on the site.
9.17
WIND ENERGY CONVERSION SYSTEMS, SMALL
9.17.1 Small wind energy conversion systems shall only be allowed as accessory
developments.
9.17.2 For property sizes between 0.1 ha (0.25 ac.) and 0.2 ha (0.5 ac.) the wind
turbine tower height shall be limited to 25.0 m (82.0 ft.). For property sizes of
0.2 ha (0.5 ac.) or more, there is no limitation on wind turbine tower height,
subject to the setback requirements below, and provided that the application
includes evidence that the proposed height does not exceed the height
recommended by the manufacturer or any distributor of the system.
9.17.3 The turbine base shall be no closer to the property line or to any other structure
than the height of the wind turbine tower. No part of the system structure,
including guy wire anchors, may extend closer than 3.0 m (10 ft.) to the
property boundaries of the installation site. Additionally, the outer and
innermost guy wires must be marked and clearly visible to a height of 2.0 m (6.6
ft.) above the guy wire anchors. The Development Authority may waive setback
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requirements from adjacent properties if such adjacent property owner agrees
to grant an easement binding on current and future owners.
9.17.4 The mean value of the sound pressure level from small wind energy systems
shall not exceed more than 6 decibels (dBA) above background sound, as
measured at the exterior of the closest neighbouring inhabited dwelling (at the
time of installation or during operation), for wind speeds below 10 m per
second (22 mph) and except during short-term events such as utility outages
and/or severe wind storms.
9.17.5 Development permit applications for small wind energy systems shall be
accompanied by standard drawings of the wind turbine structure, including the
tower, base, footings, anchoring method and drawn to scale. An engineering
analysis of the wind turbine tower showing compliance with the International
Building Code and certified by a licensed professional mechanical, structural, or
civil engineer shall also be submitted. Documentation of this analysis supplied
by the manufacturer shall be accepted.
9.17.6 Small wind energy systems must comply with applicable air traffic safety
regulations. A statement on compliance by the applicant is sufficient. Transport
Canada must be notified of the location (latitude and longitude) and height of all
wind turbine installations through the aeronautical clearance application
process. Small wind turbine towers shall not be artificially lit except as required
by NavCanada.
9.17.7 Building permit applications for small wind energy systems shall be
accompanied by a line drawing of the electrical components in sufficient detail
to allow for a determination that the manner of installation conforms to existing
electrical codes. This information is frequently supplied by the manufacturer.
9.17.8 No small wind energy system that is tied into a grid shall be installed until
evidence has been given that the utility has been informed of the customer's
intent to install an interconnected customer-owner generator. A copy of a letter
to the applicant's utility is sufficient. No response or evidence of approval from
the utility is required. Off-grid systems and grid-tied systems that are not
capable of feeding onto the grid with advanced control grid fault protection and
disconnect switches covered under the electrical code shall be exempt from the
requirement.
9.17.9 One Small Wind Energy System is allowed per single detached dwelling on a lot.
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9.19
CANNABIS RETAIL SALES
9.19.1 The owner or applicant must obtain any other approval, permit, authorization,
consent or licence that may be required to ensure compliance with applicable
federal, provincial or other municipal legislation.
9.19.2 Cannabis Retail Sales use shall not be located within 100 metres from:
(a) a private or public school; or
(b) a provincial health care facility;
9.19.3 The separation distance between uses shall be measured from lot line to lot line.
9.19.4 The development shall not operate in conjunction with another approved use.
9.19.5 Customer access to the store is limited to a store-front that is visible from the
street.
9.19.6 No customer parking shall be located behind a facility and all parking areas in
front of the building shall be well lit.
9.19.7 Parking shall be provided in accordance with the minimum requirements under
Section 8.6.1 Retail Shop, Personal Service Facility.
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9.20 CANNABIS PRODUCTION FACILITY
9.20.1 The owner or applicant must provide as a condition of development a copy of
the current licence for all activities associated with cannabis production as
issued by the Federal Government.
9.20.2 The owner or applicant must obtain any other approval, permit, authorization,
consent or licence that may be required to ensure compliance with applicable
federal, provincial or other municipal legislation.
9.20.3 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.
9.20.4 The development shall not include an outdoor area for storage of goods,
materials or supplies.
9.20.5 The development shall not operate in conjunction with another approved use.
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9.20.6 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.
9.20.7 The Development Officer may require, as a condition of a development permit, a
waste management plan, completed by a qualified professional, which includes
but not limited to, details 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 discharged by the facility.
9.20.8 Parking shall be provided in accordance with the minimum requirements for
Manufacturing and Industrial Plant under Section 8.6 Parking and Loading
Facilities.
Town of High Prairie
Land Use Bylaw 05-2015
Page 80
PART TEN
ESTABLISHMENT OF DISTRICTS
10.1
LAND USE DISTRICTS
For the purpose of this Bylaw, lands within the boundaries of the Town of High Prairie
shall be divided into the following districts:
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District
Symbol
Restricted Residential
R-1
Low Density Residential
R-2
Mixed Residential
R-3
Multiple Unit Residential
R-4
Acreage Residential
R-5
Manufactured Home Park
MHP
Manufactured Home Subdivision
MHS
Downtown Commercial
C-1
Secondary Commercial
C-2
Highway Commercial
C-3
Industrial
M
Urban Services
P
Urban Reserve
UR
Direct Control
DC
10.2
DISTRICT SYMBOLS
Throughout this Bylaw, or any amendments to it, a district may be referred to either its
full name or by its symbol as identified in Section 10.1.
10.3
DISTRICT MAP
10.3.1 The District Map, as may be amended or replaced by bylaw from time to time, is
that map attached to and forming part of this Bylaw, and bears the identification
"District Map" and "Section 10.3 of this bylaw".
10.3.2 In the event that a dispute arises over the precise location of a boundary of any
district as shown on the District Map, Council may request planning advice and
subsequently decide thereon.
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PART ELEVEN
DISTRICT RULES
11.1
RESTRICTED RESIDENTIAL (R-1) DISTRICT
11.1.1 Purpose
The purpose of this District is to provide for low-density residential development
in the form of single-detached dwellings and complementary uses.
(a)
Permitted Uses
-
accessory building
-
dwelling unit, single-detached
-
park or playground
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(b)
Discretionary Uses
-
accessory dwelling - deleted
-
bed and breakfast operation
-
dwelling unit, garage suite
-
dwelling unit, garden suite
-
dwelling unity, secondary suite
-
child care facility
-
home occupation
-
place of worship
-
public utility
-
sign
-
solar energy collection system
-
wind energy conversion system, micro
11.1.2 Site Provisions
The following regulations shall apply to every development in this district.
(a)
Lot Area (minimum):
465 m2 (5,500 ft2)
(b)
Lot Width (minimum):
15 m (50 ft.)
(c)
Front Yard (minimum): 7.6 m (25 ft.)
(d)
Rear Yard (minimum):
6.1 m (20 ft.) for principal building
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(e)
Side Yard (minimum):
1.5 m (5 ft.) for interior side yard
3.3 m (10 ft.) for exterior side yard
(f)
Building Height (maximum):
8.2 m (27 ft.) for principal building
(g)
Site Coverage (maximum):
40%
(h)
Dwelling Size (minimum):
111.5 m2 (1,200 ft2)
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11.2
LOW DENSITY RESIDENTIAL (R-2) DISTRICT
11.2.1 Purpose
The purpose of this district is to provide for low-density residential development
in the form of single detached dwellings with provisions for duplexes, semi-
detached dwellings, and complementary uses.
(a)
Permitted Uses
-
accessory building
-
dwelling unit, single-detached
-
park or playground
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(b)
Discretionary Uses
-
accessory dwelling - deleted
-
bed and breakfast operation
-
dwelling unit, garage suite
-
dwelling unit, garden suite
-
dwelling unit, secondary suite
-
child care facility
-
dwelling unit, apartment
-
dwelling unit, duplex
-
dwelling unit, semi-detached
-
home occupation
-
neighbourhood commercial development
-
place of worship
-
public utility
-
sign
-
solar energy collection system
-
wind energy conversion system, micro
11.2.2 Site Provisions
The following regulations shall apply to every development in this district.
(a)
Lot Area (minimum)
325 m2 (3,500 ft2) per unit for semi-detached
464 m2 (5,000ft2) for all other uses
(b)
Lot Width (minimum)
13.7 m (45 ft.) for single detached dwelling
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7.5 m (24.6 ft.) per unit for semi-detached
(c)
Front Yard (minimum)
6.1 m (20 ft.)
(d)
Rear yard (minimum)
4.6 m (15 ft.) for principal building
(e)
Side yard (minimum)
1.5 m (5 ft.) for interior side yard.
None required for a semi-detached dwelling where the common wall
corresponds to a property line.
3.3 m (10 ft.) for exterior side yard
(f)
Building Height (maximum):
8.2 m (27 ft.) for principal building
(g)
Site Coverage (maximum):
40%
11.2.3 Cornerstone Development
That the Land Use Bylaw designation change from R3/ R4 to R2 and that the
front yard setbacks be relaxed for this area only to 4.6 m (15 ft.) for the
principal building.
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Page 85
11.3
MIXED RESIDENTIAL (R-3) DISTRICT
11.3.1 Purpose
The purpose of this District is to provide for low density mixed residential
development with provision for future infill development in the form of single-
detached dwellings, duplexes, semi- detached dwellings.
(a)
Permitted Uses
-
accessory building
-
dwelling unit, duplex
-
dwelling unit, semi-detached
-
dwelling unit, single-detached
-
park or playground
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(b)
Discretionary Uses
-
accessory dwelling - deleted
-
bed and breakfast operation
-
dwelling unit, garage suite
-
dwelling unit, garden suite
-
dwelling unit, secondary suite
-
child care facility
-
dwelling group
-
dwelling unit, apartment
-
home occupation
-
neighbourhood commercial development
-
place of worship
-
public utility
-
sign
-
solar energy collection system
-
wind energy conversion system, micro
11.3.2 Site Provisions
The following regulations shall apply to every development in this district.
(a)
Lot Area (minimum)
325 m2 (3,500 ft2) per unit for semi-detached
464 m2 (5,000 ft2) for duplex dwelling
297 m2 (3,200 ft2) per unit for dwelling group
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418 m2 (4,500 ft2) for all other uses
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(b)
Lot Width (minimum)
7.5 m (24.6 ft.) per unit for semi-detached
15 m (50 ft.) for duplex dwelling
7.6 m (25 ft.) per unit for dwelling group
13.7 m (45 ft.) for all other uses
(c)
Front Yard (minimum)
6.1 m (20 ft.)
(d)
Rear Yard (minimum)
4.6 m (15 ft.) for principal building
(e)
Side Yard (minimum)
1.5 m (5 ft.) for interior side yard.
None required for a semi-detached dwelling where the common wall
corresponds to a property line.
3.3 m (10 ft.) for exterior side yard
(f)
Building Height (maximum)
8.2 m (27 ft.) for principal building
(g)
Site Coverage (maximum)
40%
(h)
Dwelling Group (maximum)
6 units
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11.4
MULTIPLE UNIT RESIDENTIAL (R-4) DISTRICT
11.4.1 Purpose
The purpose of this District is to provide for the development of multiple unit
residential development.
(a)
Permitted Uses
-
accessory building
-
dwelling group
-
dwelling unit, apartment
-
dwelling unit, condominium
-
dwelling unit, duplex
-
dwelling unit, semi-detached
-
dwelling unit, town house
-
park or playground
-
senior citizen complex
(b)
Discretionary Uses
-
child care facility
-
home occupation
-
neighbourhood commercial development
-
place of worship
-
public utility
-
sign
-
solar energy collection system
-
wind energy conversion system, micro
11.4.2 Site Provisions
The following regulations shall apply to every development in this district.
(a)
Lot Area (minimum)
743 m2 (8,000 ft2) for apartment building
297 m2 (3,200 ft2) for duplex group
418 m2 (4,500 ft2) for all other uses
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(b)
Lot Width (minimum)
9.1 m (30 ft.) per unit for semi-detached
15 m (50 ft. for duplex dwelling
7.6 m (25 ft.) per unit for dwelling group
13.7 m (45 ft.) for all other uses
(c)
Front Yard (minimum)
7.6 m (25 ft.)
(d)
Rear Yard (minimum)
7.6 m (25 ft.) for principal building
(e)
Side Yard, Interior (minimum)
1.5 m (5 ft.) for interior side yard
(i)
Apartment Building
4.6 m (15 ft.) for building of 7.6 m (25 ft.) or less in
height
6.1 m (20 ft.) for building over 7.6 m (25 ft.) in height
Minimum 4.5 m (15 ft.) to be maintained between
principal buildings located on same lot.
(ii)
Dwelling Group
1.2 m (4 ft.)
None required where a common wall
corresponds to a property line.
(f)
Side Yard, Exterior (minimum)
4.6 m (15 ft.) for apartment building
3.3 m (10 ft.) for dwelling group
(g)
Building Height (maximum)
13.7 m (45 ft.) for apartment building
10.7 m (35 ft.) for dwelling group
(h)
Site Coverage (maximum)
30%
(i)
Density (maximum)
(i)
Apartment Building:
86 units per net hectare (35 units per
net acre)
(ii)
Dwelling Group:
45 units per net hectare (18 units per
net acre)
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11.5
ACREAGE RESIDENTIAL (R-5) DISTRICT
11.5.1 Purpose
The purpose of this District is to provide for very low-density residential
development in an acreage setting where Individual lots may be serviced by
private water supplies and sewage disposal systems in accordance with the
Alberta Safety Codes Act.
(a)
Permitted Uses
-
accessory building
-
dwelling unit, single-detached
-
park or playground
-
telecommunication tower
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(b)
Discretionary Uses
-
accessory dwelling - deleted
-
bed and breakfast operation
-
dwelling unit, garage suite
-
dwelling unit, garden suite
-
dwelling unit, secondary suite
-
greenhouse
-
home occupation
-
market garden
-
place of worship
-
public utility
-
riding stable
-
sign
-
solar energy collection system
-
wind energy conversion system, micro
11.5.2 Site Provisions
The following regulations shall apply to every development in this district.
(a)
Lot Area (minimum)
0.6 hectare (1.5 acre)
(b)
Lot Width (minimum)
30.5 m (100 ft.)
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(c)
Front Yard (minimum)
15.25 m (50 ft.)
(d)
Rear Yard (minimum)
15.25 m (50 ft.) for principal building
(e)
Side Yard (minimum)
3.3 m (10 ft.) for interior side yard
6.1 m (20 ft.) for exterior side yard
(f)
Building Height (maximum)
10.4 m (34 ft.) for principal building
(g)
Density (maximum)
35 lots per quarter section
(h)
The provision of private sewer systems shall be installed and maintained
in accordance with the Alberta Plumbing and Drainage Act, and any
associated Regulations.
(i)
Special Provision
An equestrian use shall be limited as follows:
(i)
Riding stables may only be permitted on lots in excess of 2 hectares
(5 acres) in size.
(ii)
The maximum allowable number of horses shall not exceed 2
animals per hectare.
(iii)
All development permit applications shall be circulated as required.
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11.6
MANUFACTURED HOME PARK (MHP) DISTRICT
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11.6.1 Purpose
The purpose of this District is to provide for the development of manufactured
home parks.
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(a)
Permitted Uses
-
accessory building
-
dwelling unit, manufacture home
-
park or playground
(b)
Discretionary Uses
-
child care facility
-
home occupation
-
place of worship
-
public utility
-
sign
-
solar energy collection system
-
wind energy conversion system, micro
11.6.2 Site Provisions
The following regulations shall apply to every development in this district.
(a)
Lot Area (minimum)
446 m2 (4,800 sq2)
(b)
Lot Width (minimum)
12.2 m (40 ft.)
(c)
Front Yard (minimum)
4.6 m (15 ft.)
(d)
Rear Yard (minimum)
4.6 m (15 ft.) for principal building
(e)
Side Yard (minimum)
1.5 m (5 ft.)
(f)
Site Coverage (maximum)
40%
(g)
Maximum Height
4.6 m (15 ft.)
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(h)
Every manufactured home park dwelling lot shall front on to a private
road, and be clearly marked by means of stakes, fences, hedges or other
means satisfactory to the Development Authority.
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(i)
Within a manufactured home park, a minimum of five percent (5%) of the
total area shall be developed for general recreational purposes, of which
a minimum of 1.9 m2 (20 ft2) per dwelling lot shall be developed as
playground areas.
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(j)
For manufactured home parks containing more than fifty (50) dwelling
lots, two (2) separate means of access shall be provided. These access
points may be in the form of one (1) access route containing two
carriageways in each direction separated by a centre boulevard of 2.5 m
(8 ft.) or more.
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(k)
All areas of a manufactured home park not utilized for vehicle circulation
and structures shall be landscaped, including the planting of trees
throughout at a ratio of at least one (1) tree per dwelling lot.
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11.7
MANUFACTURED HOME SUBDIVISION (MHS) DISTRICT
11.7.1 Purpose
The purpose of this District is to provide for the development of residential
neighborhoods where manufactured homes are the predominant housing form.
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(a)
Permitted Uses
-
accessory building
-
dwelling unit, manufactured home
-
park or playground
(b)
Discretionary Uses
-
child care facility
-
dwelling unit, single detached
-
home occupation
-
place of worship
-
public utility
-
sign
-
solar energy collection system
-
wind energy conversion system, micro
11.7.2 Site Provisions
The following regulations shall apply to every development in this district.
(a)
Lot Area (minimum)
446 m2 (4,800 sq2)
(b)
Lot Width (minimum)
12.2 m (40 ft.)
(c)
Front Yard (minimum)
4.6 m (15 ft.)
(d)
Rear Yard (minimum)
4.6 m (15 ft.) for principal building
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(e)
Side Yard (minimum)
1.5 m (5 ft.)
(f)
Site Coverage (maximum)
40%
(g)
Maximum Height
4.6 m (15 ft.)
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11.8
DOWNTOWN COMMERCIAL (C-1) DISTRICT
11.8.1 Purpose
The general purpose of this District is to provide a wide variety of commercial
uses within the Town's downtown core.
(a)
Permitted Uses
-
accessory building
-
amusement facility, indoor
-
business support services facility
-
eating and drinking facility
-
general retail establishment
-
government service
-
health service
-
household repair service
-
library or cultural exhibit
-
office use
-
park or playground
-
personal service facility
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(b)
Discretionary Uses
-
auction mart
-
bus depot
-
cannabis retail sales
-
car wash
-
child care facility
-
contractor service, limited
-
drinking facility
-
dwelling unit, apartment
-
entertainment facility
-
equipment rental facility
-
greenhouse
-
hotel
-
indoor recreation facility
-
institutional use
-
liquor store
-
motel
-
parking lot
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-
place of worship
-
private club
-
protective and emergency services
-
public use
-
public utility
-
restaurant
-
sea-can
-
shopping centre
-
sign
-
solar energy collection system
-
veterinary clinic
-
wind energy conversion system, micro
11.8.2 Site Provisions
The following regulations shall apply to every development in this district.
(a)
Relating to residential development located above a commercial use:
Same as in the R-4 District
(b)
Relating for Commercial Uses:
(i)
Minimum Lot Area: 380 m² (4090 ft²)
(ii)
Minimum Lot Width: 10 m (33 ft.)
(c)
Minimum Yard Requirements:
(i)
Front Yard
(a) None, subject to the regulations in Subsection L 8.4 below
(b) Notwithstanding A. above, the Development Authority may
require a setback in order to conform to existing adjacent
development.
(ii)
Side Yard
(a) If the subject lot is bordered on both sides by land classified C-1,
no side yard shall be required. If no side yard is required, the
regulations of Subsection L 8.4 below shall apply.
(b) If the subject lot is bordered by a lot in a Residential District, the
minimum side yard required shall be 3 m (10 ft.)
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(d)
Maximum Lot Coverage: 80% provided that provisions have been made
for on-site parking, loading, storage and waste disposal to the satisfaction
of the Development Authority.
(e)
Building Height (Maximum): 30.5 m (100 ft.)
11.8.3 Additional Requirements
(a)
Apartments
(i)
Apartments must be a secondary use to a commercial use, located
either above or to the rear of the commercial use. The apartment
may not front on to the street.
(b)
Design, Character and Appearance of Buildings:
(i)
Buildings may either by of new construction or moved in. Exterior
finish to be wood, metal or similar siding, brick or stucco to the
satisfaction of the Development Authority.
(ii)
All accessory structures shall be factory pre-fabricated units, or of a
quality equivalent thereto so that the appearance, design and
construction will complement the main building.
(c)
No development shall be allowed that will, in any way and in the opinion
of the Development Authority, become obnoxious by way of noise, odour,
dust, or fumes.
11.8.4 Regulations Where No Yard is Required
(a)
Where developments are proposed which are permitted to have no yard,
the other regulations of the district shall apply
(b)
Prior to the approval of any development with no yard, plans showing
grading and drainage on adjacent sites must be submitted and must be
deemed acceptable to the Development Authority.
(c)
Easements Required:
(i)
Where no yard is permitted, an easement shall be provided on the
lot abutting that yard for the maintenance of all main and accessory
buildings and for any overhand of main or accessory buildings onto
that adjacent lot. The Development Authority may require that an
easement be registered against the title of the affected lot.
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(ii)
Subsection (i) does not apply where adjacent owners are permitted
pursuant to this Bylaw to construct buildings or accessory buildings
(including garages) which are attached at the lot boundary or which
face each other at the lot boundary.
(iii)
Where an accessory building is permitted to have no yard abutting
a lot, the applicant will be responsible for the negotiation and
registration of any easements required pursuant to Subsection (i)
prior to the issuance of a development permit for the subject
development.
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11.9
SECONDARY COMMERCIAL (C-2) DISTRICT
11.9.1 Purpose
The general purpose of this District is to provide a wide variety of commercial
uses outside of the Town's downtown core.
(a)
Permitted Uses
-
accessory building
-
amusement facility, indoor
-
business support services facility
-
eating and drinking facility
-
general retail establishment
-
government service
-
health service
-
household repair service
-
library or cultural exhibit
-
office use
-
park or playground
-
personal service facility
-
wind energy conversion system, micro
Bylaw No. 12-2018
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(b)
Discretionary Uses
-
auction mart
-
auto body and paint shop
-
automotive dealership
-
bulk fuel storage and sales
-
bus depot
-
cannabis retail sales
-
car wash
-
contractor service, limited
-
drinking facility
-
dwelling unit, apartment
-
entertainment facility
-
equipment rental facility
-
greenhouse
-
hotel
-
indoor recreation facility
-
institutional use
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-
liquor store
-
market garden
-
mixed-use building
-
motel
-
parking lot
-
place of worship
-
private club
-
protective and emergency services
-
public use
-
public utility
-
restaurant
-
sea-can
-
service station
-
sign
-
solar energy collection system
-
vehicle repair establishment
-
veterinary clinic
-
wind energy conversion system, small
11.9.2 Site Provisions
The following regulations shall apply to every development in this district.
(a)
Site Area (minimum)
At the discretion of the Municipal Planning Commission and/or the
Development Officer
(b)
Width of Site (minimum):
At the discretion of the Municipal Planning Commission and/or the
Development Officer
(c)
Front Yard Setback (minimum):
At the discretion of the Municipal Planning Commission and/or the
Development Officer
Town of High Prairie
Land Use Bylaw 05-2015
Page 102
(d)
Side Yard Setback (minimum):
(i)
If the subject lot is bounded on both sides by non-residential
districts, no side yard may be required at the discretion of the
Development Officer and/or the Municipal Planning Commission. If
no side yard is provided, the regulations of Subsection 11.10.3 shall
apply.
(ii)
If the subject lot is bordered by a lot in a Residential District, the
minimum side yard required shall be 2.5 m (8.2 ft.) or half (½) the
height of the highest building on the lot, whichever is the greater,
shall be required.
(e)
Minimum Rear Yard Setback: 6.1 m (20 ft.)
(f)
Maximum Lot Coverage: 60%
(g)
Maximum Building Height: 14 m (45 ft)
Bylaw No. 02-2019
05/14/2019
11.9.3 Additional Requirements
(a)
Apartments
(i)
Apartments must be a secondary use to a commercial use, located
either above or to the rear of the commercial use. The apartment
may not front on to the street.
(b)
Design, Character and Appearance of Buildings:
(i) Buildings may either be of new construction or moved in. Exterior
finish to be wood, metal or similar siding, brick or stucco to the
satisfaction of the Development Authority.
(ii) All accessory structures shall be factory pre-fabricated units, or of a
quality equivalent thereto so that the appearance, design and
construction will complement the main building.
(c)
No development shall be allowed that will, in any way and in the opinion
of the Development Authority, become obnoxious by way of noise, odour,
dust, or fumes.
Town of High Prairie
Land Use Bylaw 05-2015
Page 103
11.9.4 Regulations Where No Yard is Required
(a)
Where developments are proposed which are permitted to have no yard,
the other regulations of the district shall apply
(b)
Prior to the approval of any development with no yard, plans showing
grading and drainage on adjacent sites must be submitted and must be
deemed acceptable to the Development Authority.
(c)
Easements Required:
(i)
Where no yard is permitted, an easement shall be provided on the
lot abutting that yard for the maintenance of all main and accessory
buildings and for any overhand of main or accessory buildings onto
that adjacent lot. The Development Authority may require that an
easement be registered against the title of the affected lot.
(ii)
Subsection (i) does not apply where adjacent owners are permitted
pursuant to this Bylaw to construct buildings or accessory buildings
(including garages) which are attached at the lot boundary or which
face each other at the lot boundary.
(iii)
Where an accessory building is permitted to have no yard abutting a
lot, the applicant will be responsible for the negotiation and
registration of any easements required pursuant to Subsection
11.9.4(c)(i) prior to the issuance of a development permit for the
subject development.
Town of High Prairie
Land Use Bylaw 05-2015
Page 104
11.10 HIGHWAY COMMERCIAL (C-3) DISTRICT
11.10.1 Purpose
The purpose of this District is to allow a wide variety of commercial uses located
directly adjacent to major vehicular circulation routes.
(a)
Permitted Uses
-
accessory building
-
amusement facility, indoor
-
business support service facility
-
car wash
-
contractor service, limited
-
eating and drinking facility
-
general retail establishment
-
greenhouse
-
health service
-
household repair service
-
library or cultural exhibit
-
office use
-
park or playground
-
personal service facility
-
place of worship
-
shopping centre
-
wind energy collection system, micro
Town of High Prairie
Land Use Bylaw 05-2015
Page 105
Bylaw No. 12-2018
2018/07/10
(b)
Discretionary Uses
-
amusement facility, outdoor
-
auction mart
-
auto body and paint shop
-
automotive dealership
-
bulk fuel storage and sales
-
bus depot
-
cannabis retail sales
-
caretaker's residence
-
contractor service, general
-
drive-in restaurant
-
dwelling unit, apartment
-
entertainment facility
-
equipment rental facility
-
greenhouse
-
hotel
-
indoor recreation facility
-
institutional use
-
kennel
-
liquor store
-
market garden
-
mixed-use building
-
motel
-
motor vehicle dealership
-
outdoor storage (excepting flammable or combustible materials)
-
private club
-
protective and emergency service
-
public use
-
public utility
-
recreation vehicle park
-
restaurant
-
sea-can
-
service station
-
sign
-
solar energy collection system
-
trucking or cartage facility
-
vehicle repair establishment
-
veterinary clinic
-
warehouse sales facility
Town of High Prairie
Land Use Bylaw 05-2015
Page 106
-
wind energy collection system, small
11.10.2 Site Provisions
The following regulations shall apply to every development in this district.
(a)
Minimum Site Area
At the discretion of the Municipal Planning Commission and/or the
Development Officer
(b)
Minimum Width of Site:
At the discretion of the Municipal Planning Commission and/or the
Development Officer
(c)
Minimum Front Yard Setback:
At the discretion of the Municipal Planning Commission and/or the
Development Officer
(d)
Minimum Side Yard Setback
(i)
If the subject lot is bounded on both sides by non-residential
districts, no side yard may be required at the discretion of the
Development Officer and/or the Municipal Planning Commission. If
no side yard is provided, the regulations of Subsection 11.10.3 shall
apply.
(ii)
If the subject lot is bordered by a lot in a Residential District, the
minimum side yard required shall be 2.5 m (8.2 ft.) or half (½) the
height of the highest building on the lot, whichever is the greater,
shall be required.
(e)
Minimum Rear Yard Setback: 6.1 m (20 ft.)
(f)
Maximum Lot Coverage: 60%
(g)
Maximum Building Height: 14 m (45 ft.)
11.10.3 Additional Requirements
(a)
Apartments
Town of High Prairie
Land Use Bylaw 05-2015
Page 107
(i)
Apartments must be a secondary use to a commercial use, located
either above or to the rear of the commercial use. The apartment
may not front on to the street.
(b)
Design, Character and Appearance of Buildings:
(i)
Buildings may either by of new construction or moved in. Exterior
finish to be wood, metal or similar siding, brick or stucco to the
satisfaction of the Development Authority.
(ii)
All accessory structures shall be factory pre-fabricated units, or of a
quality equivalent thereto so that the appearance, design and
construction will complement the main building.
(c)
No development shall be allowed that will, in any way and in the opinion
of the Development Authority, become obnoxious by way of noise, odour,
dust, or fumes.
11.10.4 Regulations Where No Yard is Required
(a)
Where developments are proposed which are permitted to have no yard,
the other regulations of the district shall apply
(b)
Prior to the approval of any development with no yard, plans showing
grading and drainage on adjacent sites must be submitted and must be
deemed acceptable to the Development Authority.
(c)
Easements Required:
(i)
Where no yard is permitted, an easement shall be provided on the
lot abutting that yard for the maintenance of all main and accessory
buildings and for any overhand of main or accessory buildings onto
that adjacent lot. The Development Authority may require that an
easement be registered against the title of the affected lot.
(ii)
Subsection (i) does not apply where adjacent owners are permitted
pursuant to this Bylaw to construct buildings or accessory buildings
(including garages) which are attached at the lot boundary or which
face each other at the lot boundary.
(iii)
Where an accessory building is permitted to have no yard abutting
a lot, the applicant will be responsible for the negotiation and
registration of any easements required pursuant to Subsection
Town of High Prairie
Land Use Bylaw 05-2015
Page 108
11.10.4 c (i) prior to the issuance of a development permit for the
subject development.
Town of High Prairie
Land Use Bylaw 05-2015
Page 109
11.11 INDUSTRIAL (M) DISTRICT
11.11.1 Purpose
The purpose of this district is to provide for manufacturing, processing,
assembly, distribution, service, and repair uses that carry out a portion of their
operation outdoors or require outdoor storage areas.
(a)
Permitted Uses
-
accessory building
-
auto body or paint shop
-
building supply outlet
-
carwash
-
equipment dealership
-
industrial, light manufacturing and processing
-
outdoor storage (excepting flammable or combustible materials)
-
seed cleaning plant
-
service station
-
solar energy collection system
-
trucking or cartage facility
-
vehicle repair establishment
-
warehouse
-
welding shop
-
wind energy conversion system, micro
-
wind energy conversion system, small
Bylaw No. 12-2018
2018/07/10
Bylaw No. 02-2019
2019/05/14
(b)
Discretionary Uses
-
auction mart
-
auto wrecking yard
-
bulk fuel storage and sales
-
cannabis production facility
-
caretaker's residence
-
feed mill
-
grain elevator
-
industrial, heavy manufacturing and processing
-
kennel
-
livestock sales yard
-
manufactured home dealership
-
mixed-use building
Town of High Prairie
Land Use Bylaw 05-2015
Page 110
-
motor vehicle dealership
-
oilfield support
-
outdoor storage (involving flammable or combustible materials)
-
public utility
-
sea-can
-
sign
-
telecommunication tower
-
wind energy conversion system, large
11.11.2 Site Provisions
The following regulations shall apply to every development in this district.
(a)
Lot Area (minimum):
557 m2 (6,000ft2)
(b)
Lot Width (minimum):
15 m (50 ft.)
(c)
Front Yard (minimum): 7.6 m (25 ft.)
(d)
Rear Yard (minimum):
Shall be at the discretion of the Development
Authority based upon requirements for staff parking, storage, and
loading.
(e)
Side Yard (minimum):
1.5 m (5 ft.)
The Development Authority may reduce the side yard requirements if the
development conforms to fire protection regulations.
(f)
Building Height (maximum):
30.5 m (100 ft.)
(g)
Site Coverage (maximum):
60%
11.11.3 Additional Requirements
(a)
Landscaping and Screening
All yards abutting a road shall be landscaped in accordance with Section
8.4. All yards located within: 30.5 m (100 ft.) of a residential district shall
be screened in accordance with Section 8.4.
(b)
Any industrial operation including production, processing, cleaning,
testing, repair, storage or distribution of any material shall conform to the
following standards:
Town of High Prairie
Land Use Bylaw 05-2015
Page 111
(i)
Obvious toxic or noxious materials or dust or ash shall not be
released or permitted to escape to the atmosphere at such a rate as
to interfere with the use and enjoyment of property or to endanger
the health or safety of the public.
(ii)
No industrial operation shall be carried out which would result in
the projection of glare or heat onto adjacent properties.
(iii)
Waste products shall not be discharged into any sewer or private
sewage disposal system if the nature of such waste products, or the
manner of their discharge, would exceed the design standards for
the sewer or sewage disposal system.
(c)
All caretakers' residences shall be connected to municipal water and
sewer systems.
(d)
All applications for livestock sales yards shall be circulated as required for
review.
(e)
Outdoor storage shall be permitted where there is another approved use
on site.
(f)
Any storage area shall be screened to the height considered necessary by
the Development Authority to screen the storage of goods or 'materials.
Town of High Prairie
Land Use Bylaw 05-2015
Page 112
11.12 URBAN SERVICES (P) DISTRICT
11.12.1 Purpose
The purpose of this district is to allow the use of land for service, mainly of a
public nature, which has a primary orientation to the community.
(a)
Permitted Uses
-
accessory building
-
cemetery
-
dormitory residence
-
education facility
-
government service
-
health service
-
institutional use
-
library or cultural exhibit
-
park or playground
-
place of worship
-
protective and emergency services
-
public use
-
public utility
-
solar energy collection system
-
telecommunication tower
-
wind energy conversion system, micro
(b)
Discretionary Uses
-
child care facility
-
group home
-
indoor recreation facility
-
outdoor recreation facility
-
riding stable
-
senior citizen's complex
-
sign
-
veterinary clinic
-
wind energy conversion system, small
11.12.2 Site Provisions
(a)
Front Yard (minimum): 7.6 m (25 ft.)
Town of High Prairie
Land Use Bylaw 05-2015
Page 113
(b)
Side Yard (minimum): 4.6 m (15 ft.)
(c)
Rear Yard (minimum): 7.6 m (25 ft.) for the principal building
(d)
Building Height: 15 m (50 ft.)
(e)
Site Coverage: 40%
Town of High Prairie
Land Use Bylaw 05-2015
Page 114
11.13 URBAN RESERVE (UR) DISTRICT
11.13.1 Purpose
The purpose of this district is to provide for the continuation of existing rural
pursuits and future urban expansion.
(a)
Permitted Uses
-
accessory building
-
agriculture (extensive)
-
greenhouse
-
market garden
-
public use
-
public utility
-
sign
-
solar energy collection system
-
telecommunication tower
-
wind energy conversion system, micro
(b)
Discretionary Uses
-
campground
-
dwelling unit, single detached
-
home occupation
-
natural resource extraction industry
-
park or playground
-
riding stable
-
wind energy conversion system, small
11.13.2 Site Provisions
(a)
Lot Area (minimum):
8.1 hectares (20 acres), except for lots created
to accommodate existing dwellings and associated agriculture-related
improvements, which shall be a maximum of 4 hectares (10 acres).
(b)
Front Yard (minimum): 30.5 m (100 ft.)
(c)
Side Yard (minimum):
6.1 m (20 ft.)
(d)
Rear Yard (minimum):
6.1 m (20 ft.) for principal building
Town of High Prairie
Land Use Bylaw 05-2015
Page 115
11.14 DIRECT CONTROL (DC) DISTRICT
11.14.1 Purpose
The purpose of this district is to regulate, direct and control the Development of
specialized areas, land uses and complex development proposals within the
town. The development authority for all proposals within this district shall be the
Council of the Town of High Prairie.
(a)
Permitted Uses
-
None
(b)
Discretionary Uses
-
Those uses approved by Council to be allowed on the subject lands.
11.14.2 Site Provisions
(a)
A development application shall be evaluated on it merits by Council
which will establish the appropriate development standards.
(b)
In assess a development permit application in a Direct Control District,
Council shall have regard to but not bound by:
(i)
The Town of High Prairie's Municipal Development Plan; and
(ii)
The Town of High Prairie's Land Use Bylaw.
(c)
Council may impose conditions deemed necessary concerning:
(i)
parking;
(ii)
buffers;
(iii)
landscaping;
(iv)
site coverage and building orientation;
(v)
servicing;
(vi)
internal circulation;
(vii)
accessory uses;
(viii) signs;
(ix)
exterior architecture and appearance;
(x)
number of business establishments;
or any other requirements deemed necessary having due regard for the
nature of the proposed development and the purpose and intent of this
District.
(d)
Council shall inform the applicant upon decision on an application for a
development permit that the decision cannot be appealed to the
Subdivision and Development Appeal Board (SDAB).
Town of High Prairie
Land Use Bylaw 05-2015
Page 116
PART TWELVE
ENACTMENT
12.1
ADMENDMENTS
12.1.1 Pursuant to the Act, Council may by bylaw, amend or repeal this Land Use Bylaw.
12.1.2 Applications to amend this Bylaw shall be accompanied by a fee, as set by a
resolution of Council.
12.1.3 The cost of advertising for a public hearing on amendments to this Land Use Bylaw
shall be borne by the applicant.
12.1.4 The Council may determine that the whole or part of the application fee shall be
returned to the applicant if the proposed amendment is not adopted.
12.2
ENFORCEMENT AND PENALTIES
12.2.1 Where the Development Officer or any other persons or agency authorized by
Council to perform bylaw enforcement, finds that a development or use of land or
buildings in contravention with:
(a)
the Municipal Government Act or any amendments thereto;
(b)
a Development Permit;
(c)
a subdivision approval; or
(d)
one or more provisions of this bylaw.
the Development Officer or any other persons or agency authorized by Council to
perform bylaw enforcement shall provide, in writing, a Stop Order, which orders
the registered owner or the person in possession of the land or buildings, or the
person responsible for the contravention of all or any of them to:
(a)
stop the development or use of the land or buildings in whole or in part as
directed by the notice;
(b)
demolish, remove or replace the development; or
(c)
take such other measures as are specified in the notice so that the
development or use of the land or building, is in accordance with the
Municipal Government Act and regulations thereto, Development Permit,
Subdivision Approval or this Bylaw within the time frame specified in the
notice.
Town of High Prairie
Land Use Bylaw 05-2015
Page 117
12.2.2 A person, who receives a notice stop order pursuant to Subsection (1), may appeal
the order to the Subdivision and Development Appeal Board.
12.2.3 The Development Officer may cause an application to be made to the Alberta Court
of Queen's Bench for an injunction restraining the contravention and/or non-
compliance.
12.2.4 When a person does not comply with an order, Council may, by resolution, direct
that the Development Officer enters upon the land or building and take such action
as is necessary to carry out the order, and the cost incurred shall be placed on the
tax roll as an additional tax against the property.
Bylaw No. 02-2019
2019/05/14
12.2.5 Any person, who commits an offence under Section 645(1), upon summary
conviction, is liable to a fine and/or imprisonment in accordance with the provisions
of the Act.
12.3
REPEAL OF EXISTING BYLAW
12.3.1 The existing Town of High Prairie Land Use Bylaw No.20/2005 and all amendments
thereto are hereby repealed.
Town of High Prairie
Land Use Bylaw 05-2015
Page 118
12.4
EFFECTIVE DATE
The adoption of this Bylaw No. 05-2015 is effective upon the date of the passing of the
third and final reading of this bylaw, having been signed in accordance with the Municipal
Government Act.
Town of High Prairie
Land Use Bylaw 05-2015
SCHEDULES
Schedule A: Map No. 1: Land Use Bylaw Districts
Schedule B: Land Use Matrix
LIST OF AMENDMENTS
Bylaw No.
Date
Purpose
Land Affected
Bylaw No. 09-2016 2016/06/14
M to C2
Block OT, Plan 7652BG
Bylaw No. 11-2018 2018/07/10
Cannabis Definitions
Bylaw No. 12-2018 2018/07/10
Cannabis Sales and Production
Bylaw No. 02-2019 2019/05/14
Administrative Amendment
Bylaw No. 09-2019 2019/06/11
MGA Updates
Bylaw No. 05-2020 2020/08/11
Revise definition for Bulk Fuel Storage and
Sales and add definition for Convenience
Retail Store
Bylaw No. 11-2021 2021/07/28
R2 to C3
Lot 7A, Block 8, Plan
7922448
DC
R-2
DC
C-1
R-2
C-3
R-3
R-2
C-2
R-2
C-3
R-3
R-3
R-2
R-2
R-2
R-2
R-2
R-2
C-3
R-2
R-3
R-3
C-1
P
R-2
R-1
P
R-2
MHS
R-2
MHS
C-2
MHP
C-3
R-4
UR
R-2
R-2
R-4
R-1
R-4
P
P
P
P
C-3
P
P
P
P
M
DC
C-3
C-2
R-4
M
P
R-2
R-3
M
UR
P
R-5
P
DC
R-5
C-3
R-4
P
M
P
P
P
P
DC
M
UR
M
C-2
M
P
M
R-5
P
C-3
DC
C-2
M
UR
R-5
C-3
DC
M
DC
R-5
M
R-5
C-3
UR
DC
P
23
5
6
LAGOON SITE
LOT C
SW26 74-17-5
NE26 74-17-5
1
4
5
1
3
5
11
1
23
1
21
22
2
25
24
27
LOT G
LOT A
NE26 74-17-5
LOT J
LOT K
LOT H
LOT R1
LOT 2
LOT 1
LOT 1
LOT 5
LOT 4
LOT 3
9
15
6
38U
10
7
10
3
33
7
4
17
20
15
9
2
1SR
1
3
8
4
7
22
22
14
14
6
32
6
10
18
9
12
18
1
36
23
5
19
9
18
17
12
8
20
20
10
13
16
21
14
2
2
1
4
5
4
24
17
27
7
1
6
12
6
9
5
23
3
13
19
21
5
28
11
16
20
15
16
4
30
7
10
14
3
34
11
12
11
8
25
2
6
13
17
11
3
21
7
11
6
15
8
1
7
9
24
19
1
15
5
23
22
8
10
37
16
9
13
7
27
5
13
13
19
24
4
8
5
5
16
9
3
28
19
8
20
16
14
19
26
26
8
7
29
12
2
18
10
12
13
6
31
30
R2
4
23
10
25
1
21
8
4
11
39MR
3
2
2
18
1
15
17
3
9PUL
12
18
17
11
2
5
1
20
35
14
6
29
11
24
22
1
LOT B
LOT 7
LOT 9
LOT 8
LOT 10
LOT 11
LOT 6
13
14MR
12
12
4
27
26
25
24
23
9 4
3
2
5
1
7
B
5
6
3
A
4
4
5
7
1
9
6
6MR
10
18
55W
19
2
3
12
1
3
5
5
4
6
15
2
13W
NW23 74-17-5
1
47
1A
7
3
4
7
5
4
11
10
9
8
7
6
5
22
1
10
9
1
12
11
5
7
7
B
7
5
1
C
D
LOT E
LOT F
PARCEL
2
LOT B
SW25
74-17-5
NE24 74-17-5
1
51
2
9
50
1
3
6
1
18
11
42
4
29
19
12
31
3
17
16
2
3
1
27
2
10A
4
4
1
12
28
3
3
9
4
2MR
17
17
6
20
11
7W
8
6
46
5PUL
40
1R
2
35
53
3
43
9
5
19
6
21
10
1
21ER
1
25
6
52
36
47
30
44
7
3
14
8
22
9
41
2
2ER
13
20
10
13
28
48
33
4
26
5
15
6
12
D
54
7
1
32
18
8
5
37
16
2
7
38
1
5
16U
11
9
49
18
45
8
20
2
13
14
5
15
R6
4
7
34
39
55
PUL 10
U
7
8
8
11
19
7
10
3
4
8
3
13
9
5
8
8
20
12
2
10
SE26 74-17-5
LOT B
LOT A
24
21
11
20
1
5B
19
8
1
12
4A
5
9
22
17
6
21
3
6A
26
8
15
34
8
14
1
1
13
9
14
4
9
2
28
32
14
12
8
12
11
21
5
16
22
22
1
7
12
4
23
3
5
14
10
11
2
9
12
27
23
6
2
6
7
12
17
11
23
14
33
21
7A
X
17
23
6
20
12
12
8
5
9
19
8
14
2A
1
25
15
16
3
15
6
18
25
12
5
1
9
9
21
19
8A
8
23
4
12
16
2A
33R
30
13
1
14
C
5
16
2
11
10
20
5
23
1A
17
15
19
6
6
2
4
2
6
8
9
17
6
5
10
29
17
17
16
22
4A
10
10
22
2
2
18
15
35
15
30
28
13
3
16
6
19
3
2
27
4
5A
22
4R
15
19
6
22
2
3
4
17
2625
2
18
14
9
13
10
16
3
1
16
11
24
5
2
18
9
1
13
24
1
10
2
21
11
1
1
7A
6
7
7
4
8
20
2
7
1
18
9
24A
15
16
15
15
20
9
17
5
12
1
A
13A
4
3
3
31
24
17
3
4
5A
7A
19
1
11
3
6A
23A
3
7
14
10
10
11
2
4
1
20
26
3
12
14
11
4
11
8
7
21
18
4
3A
5
38
A
8
12
4
8
5
29
24
37
22
32
8
7
20
10
14
3
4
24
18
16
3
5
11
19
31
7
25
10
18
21
15
13
15
3A
18
7
18
2
7
13
13
3
16
13
10
20
12
6
36
1
2
17
1
16
18
2
23
9
6
1
15
B
6
14
SE26
74-17-5
NW23
74-17-5
NE23 74-17-5
19
7
13 14
7
10
35
11
26
14
8
11
R
11
7
4
9
19
24
4
32
4
R
6
5
2
4
10
23
14
2
22
10
16
28
21
21
16
13
9
5
7
6
5
12
8
8
9
17
3
10
18
11
10
5
36
1
12
15
3
27
2
5
11
16
14
4
6
1
3
2
2
33
6
3
30
R
20
10
1
13
5
13
18
5
15
16
34
12
12
15
31
20
29
3
7
2
4
15
3
3
7B
6
8
1
25
6
1
7
4
11
3A
17
9
1
6
4
7A
8
9
9
6
6
B
B
A
A
1
C.N.R.
LOT A
LOT R
LOT R
NE23 74-17-5
14
35
13
24
30
9
31
16
18
7
15
33 34
22
19
20
21
29
25
23
12
8MR
10
32
26
28
27
11
17
1
D
3
2
5
7
1
2
4
A
5
7
1
6
A
3
8
6
4
CANADIAN NATIONAL RAILWAY
LOT 1
LOT 3
LOT 1
LOT 2
LOT 2
2
14
35
1
5
12
15
8
19
10
31
5
8
6
8
5
4
32
15
34
11
13
2
27
1
1
P
22
6
7
21
7
5
29
10
6
11
10
9
4
5
22
1
4
6
11
23
24
1
2
17
4
12
14
25
1
1
6
10
3
5
1
17
13
9
7
3
6MR
6
20
12
6
27
13
3
1
6
12
7
6
3
8
2
8
36
9
33
2
7
3
14
4
6
30
2
2
29
9
31
17
3
11
26
3
18
7
20
2
9
33
8
4
24
10
4
10
28
15
3
4
R
5
3
18 19
2
1
5
4
2
4
12
18
3
22
3
8
20
19
21
5
1
23
4
21
13
24
3
26
5A
30
23
32
13
11
9
34
6
7
28
6MSR
7
1
4
5
16
8
2
25
10
1
3
9
2A
3
16
4
5
16
7
8
2
2
9
B
B
7
5
6
E
3
2
4
5
C
2
1R
23
13
6
9
7
21R
15
6
20
10
2
2
14
12
3
11
1
8
17
1
18
9
8
8
14
10
21
15
13
10
7
24
6
27
3
9
2
23
24
6A
10
16
3
11
22
24
1
25
8
14
25
12
5A
12
5
19
21
14
26
5
18
23
13
4
27
13
28
20
19
2
15
17
6
3
3
4
11
6
19
11
11
5
3
12
13
1
7
22
5
12
9
7
7
20
4A
4
10
22
8
15
16
2
4
9
26W
B
SE25 74-17-5
PARCEL A
LOT 2
LOT G
LOT R
LOT 3
LOT 4
LOT 1
SE25
74-17-5
2B
1A
5R
2A
1B
NW19 74-16-5
CANADIAN NATIONAL RAILWAY
LOT 7
A
C
D
1
B
LOT R1
LOT 5
LOT R1
LOT R2
3
1
4
2MR
2
13
16
6
C.N.R.
NW24 74-17-5
3
10
118
1A
6
14
14
14
1
3
12
18
3
17
3
56
57
58
59
60
61
62
63
64
65
66
5
10
11
12
13
14
15
16
17
18
27
3
1
19PUL
5
7MR
6
1
14
14
4C
B
1
10
9
11
12
13
15
8MR
18
19
20
21
22
23
24
25
26PUL
1
1
1
1
1
10
14
13A
8
CDE
0522890
D
2
1
2
3
4
5
9
3A
5A
7
7
B
2
C
D
4
D
4
11
5A 5B
4MR
3MR
3
5
21
2
1
1
15
8A 8B
11A
11B
14A
14B
16A
16B
3
3
3
3
3
3
1212
27
26
27
19
13
9
12
8
11
9
13
10
7
14
13
3
CDE
0821522
28
29
30
31
1
LOT R
1
2
3
4
5
6
7
8
9
10
11
12
14
15
16
17
18
19
20
21
22
23
24
25
26
27
13MR
1
1
1
CANADIAN NATIONAL RAILWAY
1
1
SE27 74-17-5
NE22 74-17-5
1
5MR
6
1
8
7
4
3PUL
2ER
1
9
10ER
11
1
1
1
3
1
4
1
16
3
2
10
1
1
32
4
2
1
1
12
2
2
2
1
1
1
7
50 ST (1 ST E)
56 ST
59 AVE
BIRCH CRES (59 AVE)
49 ST
46A ST
60 AVE
47 ST
58 AVE
48 ST
47A ST
59 AVE
48A
ST
64 AVE
45 ST
46 ST
58 AVE
57 AVE
59 AVE
H I G H W A Y 2 ( 5 3 A V E )
48 ST
56 AVE
SILVERWOOD CRES (54A AVE)
45 ST
52 AVE
44 ST
46 ST
57 AVE
42 ST
H I G H W
A Y
2
( 5 3
A V E )
58 AVE
44 ST
SILVERW
OOD
CRES
(54 A
V
E)
W
I L S
O N
S T
46 ST
47 ST E
49 ST
52 AVE
57 AVE
54 AVE
47 ST
55 AVE
56 AVE
54 AVE.
48 ST
P
I
N
E
C
R
E
S
55 AVE
51 ST
52 ST
54 AVE
HIGHWAY 2 (53 AVE)
54 ST
56 AVE
51 ST
52 AVE
55 ST
53 ST
51 ST
51 AVE
51 AVE
48A AVE (3 AVE S)
49A AVE (2 AVE S)
46A ST
O'BRIEN DR
49 ST
47 ST
50 AVE
J
A
B
S
CRES
MAIN ST (50 ST)
51 AVE
52 AVE
42 ST
43 ST
50 AVE
51 AVE
50A AVE
53 AVE
50 AVE
40 ST
SERVICE ROAD
ROAD ALLOWANCE
ROADWAY
H
I G H
W A Y
2
39 ST
51 AVE
38 ST
50 AVE (1 AVE S)
50 AVE
55A AVE
MAIN ST (50 ST)
56 ST
H
I G
H
W
A Y
2
57 AVE
P L E A S A N T
V I E W
D
R
( 5
5
A V E )
RE
D
W
O
O
D
PL
51 AVE
ALDER
CRES
EVERGREEN DR (58 AVE)
48 ST (Highway 749)
40 ST
53 AVE
49 AVE (2 AVE S)
48 AVE (3 AVE S)
57 AVE
11
11
11
12
13
13
13
16
16
16
17
18
18
15
15
15
15
NE23 74-17-5
NW23
74-17-5
SE26 74-17-5
5
4
NE23 74-17-5
1
1
7
8
2
4
8
7
10
3
2
2
1
2
3
3
4
4
4
SE25 74-17-5
SW26 74-17-5
21
22
19
20
20
20
20
20
20
20
8
8
10
10
10
10
9
9
7
7
7
7
7
7
7
5
5
4
3
4
7
SE26
74-17-5
13
12
12
10
10
5
5
5
8
1
27
1
24
23
19
23
1
A
5
5
5
1
Town Boundary
Hydrography
Land Use Districts
Restricted Residential (R-1)
Low Density Residential (R-2)
Mixed Residential (R-3)
Multiple Unit Residential (R-4)
Acreage Residential Unit (R-5)
Mobile Home Park (MHP)
Mobile Home Subdivision (MHS)
Downtown Commercial (C-1)
Secondary Commercial (C-2)
Highway Commercial (C-3)
Industrial (M)
Urban Services (P)
Urban Reserve (UR)
Direct Control (DC)
500
0
500
400
300
200
100
Metres
1:5,500
Scale:
Coordinate System: NAD 1983 UTM Zone 11N
Map No. 1: Land Use Bylaw Districts
Original Signed By:
Adopted by Council this 26th day of May, 2015
Original Signed By:
Linda Cox
Mayor:
Brian Martinson
Chief Administrative Officer:
This product has been created with the highest degree of accuracy possible.
However, the MMSA nor any of its contractors or suppliers can be held
responsible for any damages due to errors or omissions in this product.
Cadastral Data Source and Date: AltaLIS Ltd., August 2021
Updated and Printed: August 2021
TOWN OF HIGH PRAIRIE
LAND USE BYLAW No 05-2015
Amendments
Jun. 14, 2016
09-2016
11-2021
Jul. 28, 2021
Bylaw No.
Date
Bylaw No.
Date
Schedule B: Land Use Matrix
29/10/2021
Districts
R-1
R-2
R-3
R-4
R-5
MHP
MHS
C-1
C-2
C-3
M
P
UR
Use
P Uses
D Uses
accessory building
P
P
P
P
P
P
P
P
P
P
P
P
P
13
0
accessory dwelling
D
D
D
D
0
4
agriculture (extensive)
P
1
0
amusement facility, indoor
P
P
P
3
0
amusement facility, outdoor
D
0
1
auction mart
D
D
D
D
0
4
auto body and paint shop
D
D
P
1
2
auto wrecking yard
D
0
1
automotive dealership
D
D
0
2
bed and breakfast operation
D
D
D
D
0
4
building supply outlet
P
1
0
bulk fuel storage and sales
D
D
0
2
bus depot
D
D
D
0
3
business support services facility
P
P
P
3
0
campground
D
0
1
cannabis production facility
D
0
1
cannabis retail sales
D
D
D
0
3
car wash
D
D
P
P
2
2
caretaker's residence
D
D
0
2
cemetery
P
1
0
child care facility
D
D
D
D
D
D
D
D
0
8
contractor service, general
D
0
1
contractor service, limited
D
D
P
1
2
dormitory residence
P
1
0
drinking facility
D
D
0
2
drive-in restaurant
D
0
1
dwelling group
D
P
1
1
dwelling unit, apartment
D
D
P
D
D
D
1
5
dwelling unit, condominium
P
1
0
dwelling unit, duplex
D
P
P
2
1
dwelling unit, garden suite
D
D
D
D
0
4
dwelling unit, garage suite
D
D
D
D
0
4
dwelling unit, manufactured home
P
1
0
dwelling unit, secondary suite
D
D
D
D
0
4
dwelling unit, semi-detached
D
P
P
2
1
dwelling unit, single-detached
P
P
P
P
D
D
4
2
dwelling unit, townhouse
P
1
0
eating and drinking facility
P
P
P
3
0
education facility
P
1
0
entertainment facility
D
D
D
0
3
equipment dealership
P
1
0
equipment rental facility
D
D
D
0
3
feed mill
D
0
1
general retail establishment
P
P
P
3
0
government service
P
P
P
3
0
Town of HIgh Prairie
Land Use Bylaw 05-2015
Consolidated on August 23,2021
1
Schedule B: Land Use Matrix
29/10/2021
Districts
R-1
R-2
R-3
R-4
R-5
MHP
MHS
C-1
C-2
C-3
M
P
UR
grain elevator
D
0
1
greenhouse
D
D
D
D
P
1
4
group home
D
0
1
health service
P
P
P
P
4
0
home occupation
D
D
D
D
D
D
D
D
0
8
hotel
D
D
D
0
3
household repair service
P
P
P
3
0
indoor recreation facility
D
D
D
D
0
4
industrial, heavy manufacturing and processing
D
0
1
industrial, light manufacturing and processing
P
1
0
institutional use
D
D
D
P
1
3
kennel
D
D
0
2
library or cultural exhibit
P
P
P
P
4
0
liquor store
D
D
D
0
3
livestock sales yard
D
0
1
manufactured home dealership
D
0
1
market garden
D
D
D
P
1
3
mixed-use building
D
D
D
0
3
mobile home
P
P
2
0
motel
D
D
D
0
3
motor vehicle dealership
D
D
0
2
natural resource extraction industry
D
0
1
neighborhood commercial development
D
D
D
0
3
office use
P
P
P
3
0
oilfield support
D
0
1
outdoor recreation facility
D
0
1
outdoor storage (excepting flammable or combustible materials)
D
P
1
1
outdoor storage (involving flammable or combustible materials)
D
0
1
park or playground
P
P
P
P
P
P
P
P
P
P
P
D
11
1
parking lot
D
D
0
2
personal service facility
P
P
P
3
0
place of worship
D
D
D
D
D
D
D
D
D
P
P
2
9
private club
D
D
D
0
3
protective and emergency service
D
D
D
P
1
3
public use
D
D
D
P
P
2
3
public utility
D
D
D
D
D
D
D
D
D
D
D
P
P
2
11
recreation vehicle park
D
0
1
restaurant
D
D
D
0
3
riding stable
D
D
D
0
3
sea-can
D
D
D
D
0
4
seed cleaning plant
P
1
0
senior citizen complex
P
D
1
1
service station
D
D
P
1
2
shopping centre
D
P
1
1
sign
D
D
D
D
D
D
D
D
D
D
D
D
P
1
12
solar energy collection system
D
D
D
D
D
D
D
D
D
D
P
P
P
3
10
Town of HIgh Prairie
Land Use Bylaw 05-2015
Consolidated on August 23,2021
2
Schedule B: Land Use Matrix
29/10/2021
Districts
R-1
R-2
R-3
R-4
R-5
MHP
MHS
C-1
C-2
C-3
M
P
UR
telecommunication tower
P
D
P
P
3
1
trucking or cartage facility
D
P
1
1
vehicle repair establishment
D
D
P
1
2
veterinary clinic
D
D
D
D
0
4
warehouse
P
1
0
warehouse sales facility
D
0
1
welding shop
P
1
0
wind energy collection system, micro
D
D
D
D
D
D
D
P
P
P
P
P
5
7
wind energy collection system, small
D
D
D
P
D
D
1
5
wind energy conversion system, large
D
0
1
Permitted Use
P
Discretionary Use
D
Districts
Symbol
Restricted Residential
R-1
Low Density Residential
R-2
Mixed Residential
R-3
Multiple Unit Residential
R-4
Non-Serviced Residential
R-5
Mobile Home Park
MHP
Mobile Home Subdivision
MHS
Downtown Commercial
C-1
Secondary Commercial
C-2
Highway Commercial
C-3
Industrial
M
Urban Services
P
Urban Reserve
UR
Direct Control
DC
Town of HIgh Prairie
Land Use Bylaw 05-2015
Consolidated on August 23,2021
3