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Land Use Bylaw No. 2024-274
November 2023
Land Use Bylaw No. 2024-274
Table of Contents | i
TABLE OF CONTENTS
ADMINISTRATION
GENERAL
Section 1 Title
Administration | 1
Section 2 Purpose
Administration | 1
Section 3 Effective Date
Administration | 1
Section 4 Repeal of Former Bylaw
Administration | 1
Section 5 Severability
Administration | 1
Section 6 Compliance With the Land Use Bylaw
Administration | 2
Section 7 Compliance With Other Legislation
Administration | 2
Section 8 Rules of Interpretation
Administration | 2
Section 9 Measurements and Standards
Administration | 2
Section 10 Definitions
Administration | 2
Section 11 Fees
Administration | 2
Section 12 Appendices
Administration | 3
APPROVING AUTHORITIES
Section 13 Development Authority
Administration | 3
Section 14 Development Officer - Power and Duties
Administration | 4
Section 15 Subdivision Authority
Administration | 5
Section 16 Municipal Planning Commission
Administration | 5
Section 17 Council
Administration | 6
Section 18 Subdivision and Development Appeal Board
Administration | 6
DEVELOPMENT AND SUBDIVISION IN GENERAL
Section 19 Land Use Districts
Administration | 6
Section 20 Development in Municipality Generally
Administration | 7
Section 21 Suitability of Sites
Administration | 7
Section 22 Number of Dwelling Units on a Parcel
Administration | 8
Section 23 Non-Conforming Buildings and Uses
Administration | 8
Section 24 Non-Conforming Variances
Administration | 9
Section 25 Development Agreements
Administration | 9
Table of Contents | ii
Land Use Bylaw No. 2024-274
DEVELOPMENT PERMIT RULES AND PROCEDURES
Section 26 Development Permit - When Required
Administration | 10
Section 27 Development Permit Applications
Administration | 10
Section 28 Determination of Complete Development Permit Application
Administration | 11
Section 29 Permitted Use Applications
Administration | 12
Section 30 Discretionary Use Applications
Administration | 14
Section 31 Direct Control Districts
Administration | 14
Section 32 Similar and Prohibited Uses
Administration | 15
Section 33 Temporary Use
Administration | 15
Section 34 Variance to Bylaw Provisions
Administration | 16
Section 35 Limitations on Variance Provisions
Administration | 16
Section 36 Notification of Adjacent Landowners and Persons Likely Affected
Administration | 17
Section 37 Notice of Decision
Administration | 17
Section 38 Commencement of Development
Administration | 18
Section 39 Development Permit Validity
Administration | 18
Section 40 Transferability of Development Permit
Administration | 19
Section 41 Failure to Make A Decision - Deemed Refusal
Administration | 19
Section 42 Reapplication for a Development Permit
Administration | 19
Section 43 Suspension or Cancellation of a Permit
Administration | 20
SUBDIVISION RULES AND PROCEDURES
Section 44 Subdivision Applications
Administration | 20
Section 45 Incomplete Subdivision Applications
Administration | 22
ENFORCEMENT AND APPEALS
Section 46 Subdivision and Development Appeals
Administration | 22
Section 47 General Provisions
Administration | 22
Section 48 Notice of Violation
Administration | 23
Section 49 Stop Orders
Administration | 24
Section 50 Penalties and Right of Entry
Administration | 24
AMENDMENTS TO THE LAND USE BYLAW
Section 51 Process to Amend the Land Use Bylaw
Administration | 25
Section 52 Land Use Redesignation Application Requirements
Administration | 25
Section 53 Redesignation Criteria
Administration | 26
Land Use Bylaw No. 2024-274
Table of Contents | iii
ADMINISTRATION DEFINITIONS
Section 54 Definitions
Administration | 27
SCHEDULE 1 LAND USE DISTRICTS AND MAP
Schedule 1 | 1
SCHEDULE 2 LAND USE DISTRICT REGULATIONS
Residential - R1
Schedule 2 - R1 | 1
General Commercial / Residential - C1
Schedule 2 - C1 | 1
Public and Recreation - PR
Schedule 2 - PR | 1
Urban Agricultural - UA
Schedule 2 - UA | 1
Direct Control - DC
Schedule 2 - DC | 1
SCHEDULE 3 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT Schedule 3 | 1
SCHEDULE 4 STANDARDS OF DEVELOPMENT
Section 1 Street Corner Visibility
Schedule 4 | 1
Section 2 Road Access
Schedule 4 | 1
Section 3 Driveways
Schedule 4 | 2
Section 4 Retaining Walls, Grading and Drainage
Schedule 4 | 2
Section 5 Fences
Schedule 4 | 2
Section 6 Design and Orientation of Buildings, Structures, and Signs
Schedule 4 | 3
Section 7 Easements
Schedule 4 | 3
Section 8 Permitted Projections into Setbacks
Schedule 4 | 3
Section 9 Landscaping Standards and Screening
Schedule 4 | 4
Section 10 Exterior Building Finishes and Exposed Foundations
Schedule 4 | 5
Section 11 Decks and Amenity Spaces
Schedule 4 | 5
Section 12 Site Lighting
Schedule 4 | 6
Section 13 Refuse Collection and Storage
Schedule 4 | 6
Section 14 Servicing
Schedule 4 | 6
Section 15 Demolition
Schedule 4 | 6
Section 16 Off-street Parking Area Requirements
Schedule 4 | 6
Section 17 Parking and Loading Area Requirements
Schedule 4 | 7
Table of Contents | iv
Land Use Bylaw No. 2024-274
SCHEDULE 5 USE SPECIFIC STANDARDS OF DEVELOPMENT
Section 1 Accessory Dwelling Unit
Schedule 5 | 1
Section 2 Alternative Energy - Solar
Schedule 5 | 2
Section 3 Cannabis Retail Store
Schedule 5 | 3
Section 4 Childcare Facility
Schedule 5 | 3
Section 5 Dwelling Group
Schedule 5 | 4
Section 6 Home Occupations
Schedule 5 | 4
Section 7 Moved In Dwellings
Schedule 5 | 5
Section 8 Moved In Buildings
Schedule 5 | 7
Section 9 Shipping Containers
Schedule 5 | 8
Section 10 Signs
Schedule 5 | 9
Section 11 Tourist Home
Schedule 5 | 10
SCHEDULE 6 DEFINITIONS Schedule 6 | 1
SCHEDULE 7 TELECOMMUNICATION SITING PROTOCOL Schedule 7 | 1
APPENDIX A FORMS AND APPLICATIONS
FORM A Residential Development Permit Application
FORM B Non-Residential Development Permit Application
FORM C Home Occupation Development Permit Application
FORM D Building Removal Development Permit Application
FORM E
Signage Development Permit Application
FORM F
Application for Land Use Bylaw or Statutory Document Amendment
FORM G Agreement for Time Extension
FORM H Notice of Appeal Application
FORM I
Telecommunication Sitting Protocol Application
FORM J
Voluntary Waiver of Claims
APPENDIX B DEVELOPMENT AUTHORITY BYLAW NO. 107-275
APPENDIX C SUBDIVISION AUTHORITY BYLAW NO. 107-276
APPENDIX D SUBDIVISION AND DEVELOPMENT APPEAL BOARD BYLAW NO. 107-277
Land Use Bylaw No. 2024-274
Administration | 1
VILLAGE OF HILL SPRING
LAND USE BYLAW NO. 2024-274
ADMINISTRATION
GENERAL
SECTION 1
TITLE
1.1
This bylaw may be cited as the "Village of Hill Spring Land Use Bylaw."
SECTION 2
PURPOSE
2.1
The purpose of this bylaw is to, amongst other things:
(a)
divide the municipality into districts;
(b)
prescribe and regulate the use(s) for each district;
(c)
establish a method for making decisions on applications for development permits
and issuing development permits for a development;
(d)
provide the manner in which notice of the issuance of a development permit is to
be given; and
(e)
implement the Village of Hill Spring Municipal Development Plan and other
statutory plans of the municipality, as may be developed.
SECTION 3
EFFECTIVE DATE
3.1
This bylaw shall come into effect upon third and final reading thereof.
SECTION 4
REPEAL OF FORMER BYLAW
4.1
Village of Hill Spring Land Use Bylaw No. 107-274 and amendments thereto are hereby
repealed.
SECTION 5
SEVERABILITY
5.1
If any provision of this bylaw is held to be invalid by a decision of a court of competent
jurisdiction, that decision will not affect the validity of the remaining portions.
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Land Use Bylaw No. 2024-274
SECTION 6
COMPLIANCE WITH THE LAND USE BYLAW
6.1
No development, other than those designated in Schedule 3 of this bylaw (Development
Not Requiring a Development Permit), shall be undertaken within the Village unless a
development application has been approved and a development permit has been issued.
6.2
Notwithstanding Section 6.1, while a development permit may not be required pursuant
to Schedule 3, development shall comply with all regulations of this bylaw.
SECTION 7
COMPLIANCE WITH OTHER LEGISLATION
7.1
Compliance with the requirements of this bylaw does not exempt any person undertaking
a development from complying with all applicable municipal, provincial or federal
legislation, and respecting any easements, covenants, agreements or other contracts
affecting the land or the development.
SECTION 8
RULES OF INTERPRETATION
8.1
Unless otherwise required by the context, words used in the present tense include the
future tense; words used in the singular include the plural; and the word person includes
a corporation as well as an individual. The Interpretation Act, Chapter I-8, RSA 2000 as
amended, shall be used in the interpretation of this bylaw. Words have the same meaning
whether they are capitalized or not.
8.2
The written regulations of this bylaw take precedence over any graphic or diagram if there
is a perceived conflict.
8.3
The Land Use Districts Map takes precedence over any graphic or diagram in the district
regulations if there is a perceived conflict.
SECTION 9
MEASUREMENTS AND STANDARDS
9.1
All units of measure contained within this bylaw are metric (SI) standards. Imperial
measurements and conversions are provided for information only.
SECTION 10 DEFINITIONS
10.1
Refer to Schedule 6 for definitions.
SECTION 11 FEES
11.1
For the purpose of administering the provisions of this bylaw, Council may authorize, by
separate resolution or bylaw as may be applicable, the preparation and use of such fee
schedules, forms or notices as in its discretion it may deem necessary. Any such fee
schedules, forms or notices are deemed to have the full force and effect of this bylaw in
execution of the purpose for which they are designed, authorized and issued.
11.2
Refund of application fees requires approval of the Village Council.
Land Use Bylaw No. 2024-274
Administration | 3
SECTION 12 APPENDICES
12.1
Appendix A: Forms is attached hereto is for information purposes only and may be
amended from time to time as it does not form part of the Village of Hill Spring Land Use
Bylaw.
12.2
Appendix B: Development and Subdivision Authority Bylaws are attached hereto for
information purposes only and may be amended from time to time in accordance with
Municipal Government Act and as a separate bylaw enacted by the Village, it does not
form part of the Village of Hill Spring Land Use Bylaw.
12.2
Appendix C: Subdivision and Development Appeal Board Bylaw is attached hereto for
information purposes only and may be amended from time to time in accordance with
Municipal Government Act and as a separate bylaw enacted by the Village, it does not
form part of the Village of Hill Spring Land Use Bylaw.
APPROVING AUTHORITIES
NOTE TO READER: The term "Development Authority," where used in this Bylaw, refers to either the
Development Officer or the Municipal Planning Commission (as the case may be), depending on the
classification of a "use" in a specific land use district or where Council has chosen to specifically authorize
one entity or the other, or both. Where the Development Officer or the Municipal Planning Commission are
specifically named, the relevant provision is meant to apply specifically to that individual entity.
SECTION 13 DEVELOPMENT AUTHORITY
13.1
The Development Authority is established in accordance with Bylaw No. 107-275.
13.2
Council shall make the decision on any development permit within any Direct Control
district, unless specifically delegated by bylaw to the Municipal Planning Commission or
the Development Officer.
13.3
The following are authorized to act in the capacity of Development Authority:
(a)
Municipal Planning Commission,
(b)
Chief Administrative Officer, or
(c)
a designate(s) in accordance with the Municipal Government Act (MGA).
13.4
The Development Authority shall perform such powers and duties as are specified:
(a)
in the Village of Hill Spring Municipal Planning Commission Bylaw;
(b)
in this bylaw;
(c)
in the MGA;
(d)
where applicable, by resolution of Council.
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Land Use Bylaw No. 2024-274
SECTION 14 DEVELOPMENT OFFICER - POWERS AND DUTIES
14.1
The office of the Development Officer is hereby established, and such office shall be filled
by one or more persons as appointed by resolution of Council.
14.2
The Development Officer:
(a)
shall receive and process all applications for a development permit and determine
whether a development application is complete in accordance with Section 28;
(b)
shall refer to the Municipal Planning Commission all development permit
applications for which decision-making authority has not been assigned to the
Development Officer;
(c)
may refer any development application to the Municipal Planning Commission for
a decision and may refer any other planning or development matter to the
Municipal Planning Commission for its review, comment or advice;
(d)
shall maintain for the inspection of the public during office hours, a copy of this
bylaw and all amendments thereto and ensure that copies of the same are
available for public purchase;
(e)
shall also establish and maintain a register in which shall be recorded the
application made for a development permit and the decision made on the
application, and contain any such other information as the Municipal Planning
Commission considers necessary;
(f)
except as provided in subsection (g), shall consider and decide on applications for
a development permit for:
(i)
permitted uses that comply with this Land Use Bylaw;
(ii)
permitted uses that request one variance of a measurable standard not to
exceed 10% excluding site coverage;
(iii) permitted uses on existing registered lots where the Municipal Planning
Commission granted a variance(s) to the minimum lot width, length and/or
area requirements as part of a subdivision approval;
(iv) landscaping;
(v)
fences, walls or other types of enclosures; and
(vi) demolition;
(g)
shall refer all development applications in a Direct Control district to Council for a
decision, unless Council has specifically delegated approval authority to the
Development Officer or the Municipal Planning Commission;
(h)
shall notify adjacent landowners and any persons who are likely to be affected by
a proposed development in accordance with Section 36 of this bylaw;
(i)
shall receive, review, and refer any applications to amend this bylaw to Council;
(j)
shall issue the written notice of decision and/or development permit on all
development permit applications and any other notices, decisions or orders in
accordance with this bylaw;
Land Use Bylaw No. 2024-274
Administration | 5
(k)
may receive and consider and decide on requests for time extensions for
development permits which the Development Officer has approved and shall refer
to the Municipal Planning Commission those requests which the Municipal
Planning Commission has approved;
(l)
shall provide a regular report to the Municipal Planning Commission summarizing
the applications made for a development permit and the decision made on the
applications, and any other information as the Municipal Planning Commission
considers necessary; and
(m) shall perform any other powers and duties as are specified in this bylaw, the
Development and Subdivision Authority Bylaws, the MGA or by resolution of
Council.
SECTION 15 SUBDIVISION AUTHORITY
15.1
The Subdivision Authority is authorized to make decisions on applications for subdivisions
pursuant to the Subdivision Authority Bylaw 107-276, and may exercise only such powers
and duties as are specified:
(a)
in the municipality's Subdivision Authority Bylaw,
(b)
in this bylaw,
(c)
in the MGA, or
(d)
by resolution of Council.
15.2
The Subdivision Authority may delegate, though any of the methods described in Section
15.1(a), (b) or (d), to any individual, municipal staff, or a regional services commission,
any of its required functions or duties in the processing of subdivision applications. In
respect of this:
(a)
the delegation of duties by the Subdivision Authority may include the authorized
entity being responsible for determining the completeness of a submitted
subdivision application;
(b)
the Subdivision Authority delegate is authorized to carry out the application
process with subdivision applicants as described in the Subdivision Application
Rules and Procedures section of the bylaw, including the task of sending all
required notifications to applicants as stipulated.
SECTION 16 MUNICIPAL PLANNING COMMISSION
16.1
The Municipal Planning Commission may exercise only such powers and duties as are
specified in the MGA, the Subdivision Authority and Development Authority Bylaw, this
bylaw, or by resolution of Council.
16.2
The Municipal Planning Commission shall perform such powers and duties as are
specified:
(a)
in the Village of Hill Spring Municipal Planning Commission Bylaw;
(b)
in this bylaw;
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Land Use Bylaw No. 2024-274
(c)
in the MGA;
(d)
where applicable, by resolution of Council.
16.3
The Municipal Planning Commission shall be responsible for:
(a)
considering and deciding upon development permit applications referred to it by
the Development Officer;
(b)
providing recommendations on planning and development matters referred to it
by the Development Officer or Council;
(c)
considering and deciding upon requests for time extensions on development
permit applications referred to it by the Development Officer;
(d)
considering and deciding upon applications for subdivision approval;
(e)
any other powers and duties as are specified in this bylaw, the Subdivision
Authority and Development Authority Bylaw, the MGA or by resolution of Council.
SECTION 17 COUNCIL
17.1
Council shall be responsible for considering and deciding upon development permit
applications within any Direct Control district, except where the decision-making
authority has been delegated to the Municipal Planning Commission or the Development
Officer.
SECTION 18 SUBDIVISION AND DEVELOPMENT APPEAL BOARD
18.1
The Subdivision and Development Appeal Board (SDAB) is established by separate bylaw
pursuant to the MGA and may exercise such powers and duties as are specified in this
bylaw, the MGA and the Subdivision and Development Appeal Board Bylaw.
DEVELOPMENT AND SUBDIVISION IN GENERAL
SECTION 19 LAND USE DISTRICTS
19.1
The Village of Hill Spring is divided into those land use districts shown in Schedule 1 on
the Land Use Districts Map.
19.2
The one or more uses of land or buildings that are:
(a)
permitted uses in each district,
(b)
discretionary uses in each district,
(c)
prohibited uses in each district,
are described in Schedule 2.
19.3
A land use that is not listed as a permitted or discretionary use but which is reasonably
similar in character and purpose to a permitted or discretionary use in that district may
Land Use Bylaw No. 2024-274
Administration | 7
be deemed a similar use by the Development Authority in accordance with Section 32
(Similar and Prohibited Uses).
19.4
A land use not listed as a permitted or discretionary use or not deemed a similar use in a
district is a prohibited use and shall be refused.
SECTION 20 DEVELOPMENT IN MUNICIPALITY GENERALLY
20.1
A person who develops land or a building in the municipality shall comply with the
standards of development specified in Schedules 4 and 5 in addition to complying with
the use or uses prescribed in Schedule 2 and any conditions attached to a development
permit, if one is required.
20.2
A person who develops land or a building in the municipality is also responsible for
ascertaining, obtaining, and complying with the requirements of any federal, provincial,
or other municipal legislation.
20.3
A person who develops land or a building in the municipality is responsible for any costs
related to the servicing of that parcel or building.
SECTION 21 SUITABILITY OF SITES
21.1
Notwithstanding that a use of land may be permitted or discretionary or considered
similar in nature to a permitted or discretionary use in a land use district, the Municipal
Planning Commission or Development Officer, as applicable, may refuse to approve a
subdivision or issue a development permit if there are aware of, or if in their opinion, the
proposed building or use is not safe or suitable if the site:
(a)
does not have safe legal and physical access to a maintained road in accordance
with the Land Use Bylaw, other municipal requirements, or those of Alberta
Transportation if within 300 m (984 ft) of a provincial highway or 800 m (2,625 ft)
from the centre point of an intersection of a controlled highway and a public road;
(b)
has a high water table, drainage/stormwater issues or soil conditions which make
the site unsuitable for development or subdivision;
(c)
is situated on an unstable slope;
(d)
consists of unconsolidated material unsuitable for building;
(e)
does not comply with the requirements of the South Saskatchewan Regional Plan,
Matters Relating to Subdivision and Development Regulation or any other
applicable Statutory Plans;
(f)
is situated over an active or abandoned coal mine or oil or gas well or pipeline;
(g)
is unsafe due to contamination by previous land uses;
(h)
does not meet the minimum setback requirements from a sour gas well or bulk
ammonia storage facility;
(i)
does not have adequate water and sewer provisions;
(j)
does not meet the lot size and/or setback requirements or any other applicable
standards or requirements of the Village of Hill Spring Land Use Bylaw;
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Land Use Bylaw No. 2024-274
(k)
is subject to any easement, caveat, restrictive covenant or other registered
encumbrance which makes it impossible to build on the site.
21.2
Nothing in this section shall prevent the Development Officer or Municipal Planning
Commission, as applicable, from issuing a development permit or approving a subdivision
if the Development Officer or Municipal Planning Commission is satisfied that there is no
risk to persons or property or that these concerns will be met by appropriate engineering
measures or other mitigating measures and approvals from provincial and/or federal
agencies have been obtained, as applicable.
SECTION 22 NUMBER OF DWELLING UNITS ON A PARCEL
22.1
No more than one dwelling unit shall be constructed or located or caused to be
constructed or located on a parcel except as provided for in the land use district for which
the application is made (e.g. accessory dwelling unit, two-unit dwellings, multi-unit
dwellings or dwelling group) as permitted in the applicable land use district.
SECTION 23 NON-CONFORMING BUILDINGS AND USES
23.1
If a development permit has been issued on or before the day on which this bylaw or a
land use amendment bylaw comes into force in a municipality and the bylaw would make
the development in respect of which the permit was issued a non-conforming use or non-
conforming building, the development permit continues in effect in spite of the coming
into force of the bylaw.
23.2
A non-conforming use of land or a building may be continued but if that use is
discontinued for a period of six consecutive months or more, any future use of the land
or building must conform with the Land Use Bylaw then in effect.
23.3
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.
23.4
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.
23.5
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)
as the Development Officer considers necessary for the routine maintenance of
the building, in accordance with the variance powers provided for in section
643(5)(c) of the MGA. Routine maintenance of the building may include the
replacement of windows and doors, or adding attached uncovered steps.
23.6
If a non-conforming building is damaged or destroyed by 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.
Land Use Bylaw No. 2024-274
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23.7
The land use or the use of a building is not affected by a change of ownership or tenancy
of the land or building.
SECTION 24 NON-CONFORMING VARIANCES
24.1
Where a proposed lot contains different dimensions than those prescribed within the
land use district in effect, or will result in an existing or future building not conforming
with the height or setback requirements prescribed within the district in effect, a variance
may be approved where, in the opinion of the Development Officer or Municipal Planning
Commission, the noncompliance with the district regulations is:
(a)
minor in nature;
(b)
consistent with the general character of the area; and
(c)
does not interfere with the use, enjoyment or value of the neighbouring
properties.
SECTION 25 DEVELOPMENT AGREEMENTS
25.1
The Development Authority may require, with respect to a development, that as a
condition of issuing a development permit, the applicant enter into an agreement with
the municipality, pursuant to section 650(1) of the MGA, to do any or all of the following:
(a)
to construct or pay for the construction of a road required to give access to the
development;
(b)
to construct or pay for the construction of a pedestrian walkway system to serve
the development and/or connect with existing or proposed pedestrian walkway
systems that serve adjacent development;
(c)
to install or pay for the installation of public utilities, other than
telecommunication systems or works, that are necessary to serve the
development;
(d)
to construct or pay for the construction of off-street, or other parking facilities
and/or loading and unloading facilities;
(e)
to pay an off-site levy or redevelopment levy;
(f)
to give security to ensure that the terms of the agreement under this section are
carried out.
25.2
The Subdivision Authority may require, with respect to a subdivision, that as a condition
of issuing an approval for a subdivision, the applicant enter into an agreement with the
municipality, pursuant to section 655(1)(b) of the MGA.
25.3
An agreement referred to in this section may require the applicant for a development
permit or subdivision approval to oversize improvements in accordance with section 651
of the MGA.
25.4
A municipality may register a caveat under the Land Titles Act with respect to an
agreement under this section against the Certificate of Title for the land that is the subject
of the development, or for the parcel of land that is the subject of the subdivision.
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Land Use Bylaw No. 2024-274
25.5
If a municipality registers a caveat under this section, the municipality must discharge the
caveat when the agreement has been complied with.
25.6
As a condition of subdivision approval, all agreements may be registered concurrently by
caveat onto individual lots created.
25.7
The Developer shall be responsible for and within 30 days of the presentation of an
account, pay to the Village all legal and engineering costs, fees, expenses and
disbursements incurred by the Village through its solicitors and engineers for all services
rendered in connection with the preparation, fulfilment, execution and enforcement of
the agreement.
DEVELOPMENT PERMIT RULES AND PROCEDURES
SECTION 26 DEVELOPMENT PERMIT - WHEN REQUIRED
26.1
Except as otherwise provided for in Schedule 3 (Development Not Requiring a
Development Permit), no development shall be commenced unless a development
permit application has been approved, a development permit issued, and the
development is in accordance with the terms and conditions of a development permit
issued pursuant to this bylaw.
26.2
In addition to meeting the requirements of this bylaw, it is the responsibility of the
applicant to ascertain, obtain and comply with all other approvals and licenses that may
be required by other federal, provincial or municipal regulatory departments or agencies.
SECTION 27 DEVELOPMENT PERMIT APPLICATIONS
27.1
No person shall commence a development unless a development permit has been issued
in respect of the proposed development.
27.2
An application for a development permit must be made by the registered owner of the
land on which the development is proposed. An application may be made by a person
who is not the registered owner of the land only with written consent of the owner or
proof of ownership transfer. The Development Officer may request a current title
documenting ownership and copies of any registered encumbrance, lien or interest
registered on title.
27.3
An application for a development permit shall be made by submitting to the Development
Officer the following as determined necessary by the Development Authority, which must
be of a quality adequate to properly evaluate the application:
(a)
a completed application, signed by the registered owner or authorized by the
owner or proof of title transfer prior to registration at the Land Titles Office;
(b)
the prescribed fee, as set by Council;
Land Use Bylaw No. 2024-274
Administration | 11
(c)
a description of the existing and proposed use of the land, building(s) and/or
structures and whether it is a new development, an alteration/addition, relocation
or change of use and whether the use is temporary in nature;
(d)
a computer-generated site plan or a plan acceptable to the Development Officer
indicating:
(i)
the location of all existing and proposed buildings and structures (including
roof overhangs) and registered easements or rights-of-way, dimensioned to
property lines and drawn to a satisfactory scale;
(ii)
existing and proposed parking and loading areas, driveways, abutting streets,
avenues and lanes, and egress and ingress;
(iii) where applicable, the location of existing and proposed utilities, wells, septic
tanks, disposal fields, culverts and surface drainage patterns;
(iv) any additional information as may be stipulated in the standards of
development;
(v)
any such other information as may be required by the Development Officer or
Municipal Planning Commission to evaluate an application including, but not
limited to: conceptual design schemes, landscaping plans, building plans, lot
grading and drainage plans, servicing and infrastructure plans, soil analysis,
geotechnical reports or other reports regarding site suitability, Real Property
Report, or a surveyors sketch;
(e)
a copy of the approval letter from the appropriate authority stating that the
proposal complies with the architectural controls caveat;
(f)
computer-generated plans or color renderings acceptable to the Development
Authority showing the interior development and exterior elevations including
height, horizontal dimensions and finishing materials of all buildings, existing and
proposed;
(g)
documentation from the Alberta Energy Regulator (AER) identifying the presence or
absence of abandoned oil and gas wells as required by the Matters Relating to
Subdivision and Development Regulation.
SECTION 28 DETERMINATION OF COMPLETE DEVELOPMENT PERMIT APPLICATION
28.1
A Development Officer shall, within 20 days after the receipt of an application in
accordance with Section 27 for a development permit, determine whether the application
is complete for processing purposes.
28.2
An application is complete if, in the opinion of the Development Officer, the application
contains the documents and other information necessary to review the application.
28.3
The 20-day time period referred to in Section 28.1 may be extended by an agreement in
writing between the applicant and the Development Officer, which would extend the time
to determine completeness of the application.
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28.4
If the Development Officer does not make a determination referred to in Section 28.1
within the time required under Section 28.1 or 28.3, the application is deemed to be
complete for processing purposes.
28.5
If a Development Officer determines that the application is complete, the Development
Officer shall issue to the applicant a written Notice of Completeness acknowledging that
the application is complete, delivered by hand, mail or electronic means.
28.6
If the Development Officer determines that the application is incomplete, the
Development Officer shall issue to the applicant a written notice indicating that the
application is incomplete and specifying the outstanding documents and information to
be provided, including but not limited to those required by Section 27. A submittal
deadline for the outstanding documents and information shall be set out in the notice or
a later date agreed on between the applicant and the Development Officer in order for
the application to be considered complete.
28.7
If the Development Officer determines that the information and documents submitted
under Section 28.6 are complete, the Development Officer shall issue to the applicant a
written Notice of Completeness acknowledging that the application is complete for
processing purposes, delivered by hand, mail or electronic means.
28.8
If the required documents and information under Section 28.6 have not been submitted
to the Development Officer within the timeframe prescribed in the notice issued under
Section 28.6, the Development Officer shall return the application to the applicant
accompanied by a written Notice of Refusal stating the application is deemed refused and
the reasons for refusal.
28.9
Despite issuance of a Notice of Completeness under Section 28.5 or 28.7, the
Development Officer in the course of reviewing the application may request additional
information or documentation from the applicant that the Development Authority
considers necessary to review the application.
SECTION 29 PERMITTED USE APPLICATIONS
29.1
Upon receipt of a complete application for a development permit for a permitted use that
conforms with this bylaw, the Development Officer:
(a)
shall approve a development permit with or without conditions; or
(b)
may refer the application to the Municipal Planning Commission for a decision.
29.2
Upon receipt of a complete application for a permitted use that requests a variance to
any measurable standard of this bylaw, the Development Officer:
(a)
may grant an 10% variance to any setback and/or a variance of up to but no more
than 10 percent of any combination of other measurable standards of this bylaw for
new construction and approve the development permit with or without conditions
if, in the opinion of the Development Officer, the variance would not unduly
interfere with the amenities of the neighbourhood or materially interfere with or
affect the use, enjoyment or value of neighbouring parcels of land; or
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(b)
may grant an unlimited variance to any setback and any other measurable standards
of this bylaw for existing development and approve the development permit with
or without conditions if, in the opinion of the Development Officer, the variance
would not unduly interfere with the amenities of the neighbourhood or materially
interfere with or affect the use, enjoyment or value of neighbouring parcels of land;
or
(c)
will refer any application for a variance or variances which exceeds the percentages
outlined in (a) above to the Municipal Planning Commission for a decision; and
(d)
may refer the development application involving any request for a variance to any
measurable standard of this bylaw to the Municipal Planning Commission for a
decision; and
(e)
is not required to notify adjacent landowners or persons likely to be affected prior
to issuance of a decision on a development permit granting a variance under this
section.
29.3
Upon receipt of a complete application for a permitted use for a variance(s) exceeding
10% of any measurable standard of this bylaw, or a variance of any other bylaw provision,
the Development Officer shall refer the application to the Municipal Planning Commission
for a decision pursuant to Section 34 (Variance of Bylaw Provisions).
29.4
The Development Officer or the Municipal Planning Commission may place any of the
following conditions on a development permit for a permitted use:
(a)
requirement for the applicant to enter into a development agreement;
(b)
payment of any applicable off-site levy or redevelopment levy;
(c)
geotechnical investigation to ensure that the site is suitable in terms of topography,
soil characteristics, flooding subsidence, and erosion;
(d)
alteration of a structure or building size or location to ensure any setback
requirements of this Land Use Bylaw or the Subdivision and Development
Regulation can be met;
(e)
any measures to ensure compliance with the requirements of this Land Use Bylaw
or any other statutory plan adopted by the Village of Hill Spring;
(f)
easements and/or encroachment agreements;
(g)
provision of public utilities, other than telecommunications systems or works, and
vehicular and pedestrian access;
(h)
repairs or reinstatement to the original condition of any curbing, sidewalk,
boulevard landscaping and tree planting which may be damaged or destroyed or
otherwise altered by development or building operations upon the site, to the
satisfaction of the Development Officer or the Municipal Planning Commission;
(i)
to give security to ensure the terms of the permit approval under this section are
carried out which will be returned upon completion of the development to the
satisfaction of the Village;
(j)
time periods stipulating completion of development;
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(k)
requirement for a lot and/or construction stakeout conducted by an approved
surveyor or agent;
(l)
any measures to ensure compliance with applicable federal, provincial and/or other
municipal legislation and approvals.
SECTION 30 DISCRETIONARY USE APPLICATIONS
30.1
Upon receipt of a complete application for a development permit for a discretionary use
or a permitted use that requests a variance(s) exceeding 10% of any measurable standard
or a variance of any other bylaw provision, the Development Officer shall:
(a)
refer the application to the Municipal Planning Commission for a decision pursuant
to Section 34 (Variance of Bylaw Provisions);
(b)
notify adjacent landowners and other persons likely to be affected in accordance
with Section 36 (Notification of Adjacent Landowners and Persons Likely Affected).
30.2
After consideration of any response to the notifications of adjacent landowners and other
persons likely to be affected, including Cardston County, government departments and
referral agencies as applicable, compatibility and suitability of the proposed use, and any
other matters, the Municipal Planning Commission may:
(a)
approve a development permit with or without conditions; or
(b)
refuse to approve the development permit, stating reasons.
30.3
The Municipal Planning Commission may place any of the conditions stipulated in Section
29.4 (Permitted Use Applications) on a development permit for a discretionary use in any
land use district, in addition to any other conditions necessary to ensure the quality,
suitability and compatibility of a development with other existing and approved uses in
the area.
SECTION 31 DIRECT CONTROL DISTRICTS
31.1
Upon receipt of a complete application for a development permit in a Direct Control
district, the Development Officer:
(a)
shall refer the application to Council for a decision, except where the decision-
making authority has been delegated to the Municipal Planning Commission or the
Development Officer; and
(b)
may notify adjacent landowners and other persons likely to be affected in
accordance with Section 36 (Notification of Adjacent Landowners and Persons Likely
Affected).
31.2
After considering any response to notifications issued under Section 36, Council or the
delegated decision making authority may:
(a)
approve a development permit with or without conditions; or
(b)
refuse to approve the development permit, stating reasons.
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31.3
In accordance with section 685(4)(a) of the MGA, there is no appeal to the Subdivision
and Development Appeal Board for a decision on an application for a development permit
in a Direct Control district.
SECTION 32 SIMILAR AND PROHIBITED USES
32.1
Where a use is applied for which is not specifically considered in any land use district or
defined elsewhere in the Land Use Bylaw, but is similar in character and purpose to
another use that is permitted or discretionary in the land use district in which such use is
proposed, the following process shall apply:
(a)
the matter shall be referred by the Development Officer to the Municipal Planning
Commission;
(b)
the Development Officer shall notify persons likely to be affected in accordance with
Section 39;
(c)
the Municipal Planning Commission shall determine and make a ruling on the
proposed use as to its similarity to a permitted or discretionary use in the district.
(d)
If the use is deemed similar, the proposed use shall be reviewed by the Municipal
Planning Commission as a discretionary use for that land use district.
(e)
Given the above, if the application is approved by the Municipal Planning
Commission, a development permit shall be issued in accordance with Section 30.
32.2
Where a use is not listed in a land use district as either discretionary or permitted and is
not deemed similar in nature in accordance with Section 32.1, then that use is prohibited
in the land use district.
SECTION 33 TEMPORARY USE
33.1
Where, in the opinion of the Development Authority, a proposed use is of a temporary
nature, it may approve a temporary development permit valid for a period of up to one
year for a use, provided the use is listed as a permitted use, discretionary use or deemed
similar to a permitted or discretionary use in the applicable land use district.
33.2
Temporary use applications shall be subject to the following conditions:
(a)
the applicant or developer is liable for any costs involved in the cessation or removal
of any development at the expiration of the permitted period;
(b)
the Municipal Planning Commission may require the applicant to submit an
irrevocable letter of credit, performance bond or other acceptable form of security
guaranteeing the cessation or removal of the temporary use; and
(c)
any other conditions as deemed necessary.
33.3
A use deemed temporary in nature shall be processed in accordance with Section 30.
Notification of adjacent landowners and other persons likely to be affected, including
Cardston County, government departments and referral agencies, shall be in accordance
with Section 36 of this bylaw.
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SECTION 34 VARIANCE TO BYLAW PROVISIONS
34.1
In accordance with section 640(6) of the MGA, the Development Officer or the Municipal
Planning Commission may approve, with or without conditions, a development permit
even though the proposed development does not comply with this bylaw if, in the opinion
of the Development Authority:
(a)
the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land; and
(b)
the proposed development conforms with the use prescribed for that land or
building in this bylaw.
34.2
Upon receipt of a completed application for a development permit for a permitted use
that requests a 10 percent variance to any setback and/or a variance of up to 10 percent
of any combination of other measurable standards of this bylaw for new construction,
the Development Officer may grant the variance and issue the development permit with
or without conditions if, in the opinion of the Development Officer, the variance would
meet the requirements of the MGA as outlined in Section 34.1(a) and (b).
34.3
Upon receipt of a completed application for a development permit for a permitted use
that requests an unlimited variance to any setback and any other measurable standards
of this bylaw for existing building, the Development Officer may grant the variance and
issue the development permit with or without conditions if, in the opinion of the
Development Officer, the variance would meet the requirements of the MGA as outlined
in Section 34.1(a) and (b).
34.4
Upon receipt of a completed application for a permitted use that requests a variance
exceeding the provisions of Section 34.2 or 34.3, or a discretionary use that requests a
variance, the Development Officer:
(a)
shall refer the application to the Municipal Planning Commission for a decision; and
(b)
may be directed by the Municipal Planning Commission to notify adjacent
landowners and persons likely to be affected in accordance with Administration
Section 36 (Notification of Adjacent Landowners and Persons Likely to be Affected).
SECTION 35 LIMITATIONS ON VARIANCE PROVISIONS
35.1
In approving an application for a development permit, the Development Officer or
Municipal Planning Commission shall adhere to the general purpose and intent of the
appropriate land use district and to the following:
(a)
a variance shall be considered only in cases of unnecessary hardship or practical
difficulties particular to the use, character, or situation of land or building which are
not generally common to other land in the same land use district;
(b)
where a variance is considered that will reduce the setback from any road as defined
in the MGA, the Development Authority shall consider all future road construction
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needs of the municipality as well as the transportation requirements of the parcel(s)
or lot(s) affected.
SECTION 36 NOTIFICATION OF ADJACENT LANDOWNERS AND PERSONS LIKELY
AFFECTED
36.1
Where notification of adjacent landowners and other persons likely to be affected is
required, the Development Officer shall:
(a)
mail (postal service or electronic) written notice of the application at least 10 days
before the meeting of the Municipal Planning Commission to:
(i)
adjacent landowners and other persons likely to be affected by the issuance
of a development permit;
ii)
Cardston County if, in the opinion of the Development Officer or the Municipal
Planning Commission, the proposed development could have an impact upon
land uses in the County or is adjacent to the County boundary; and
(iii) any other persons, government departments or referral agency that is deemed
to be affected; or
(b)
hand deliver written notice of the application at least 5 days before the meeting of
the Municipal Planning Commission to the persons and agencies specified in
subsection (a); or
(c)
publish a notice of the application in a newspaper circulating in the municipality or
the Village newsletter or post on the door of the Village Office at least 14 days
before the meeting of the Municipal Planning Commission to the persons and
agencies specified in subsection (a); or
(d)
post a notice of the application in a conspicuous place on the property at least five
days before the meeting of the Municipal Planning Commission to the persons and
agencies specified in subsection (a); or
(e)
any combination of the above.
36.2
In all cases, notification shall:
(a)
describe the nature and location of the proposed use or development;
(b)
state the place and time where the Municipal Planning Commission will meet to
consider the application, and state how and when written or oral submissions on
the application will be received and considered;
(c)
specify the location at which the application can be inspected.
SECTION 37 NOTICE OF DECISION
37.1
Upon issuance of a development permit for a permitted use that complies with this bylaw,
the Development Authority shall:
(a)
mail or email a written notice of decision to the applicant; and
(b)
notify persons likely to be affected by either:
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(i)
posting a copy of the decision in a prominent place in the Village Office for at
least 21 days; or
(ii)
publishing a notice of the decision on the official municipal website or
newspaper circulated within the municipality; or
(iii) any combination of the above.
37.2
Upon issuance of a development permit for a discretionary use, similar use, temporary
use, or an application involving a waiver, the Development Authority shall:
(a)
mail a written notice of decision to the applicant; and
(b)
notify persons likely to be affected by either:
(i)
mailing a copy of the decision to those persons, departments and agencies; or
(ii)
publishing a notice of the decision in a newspaper circulated within the
municipality; or
(iii) post a notice of the application in a conspicuous place on the property; or
(iv) any combination of the above.
37.3
The Development Officer will give or send a copy of the written decision, specifying the
date on which the written decision was given and containing any other information
required by the regulations the same day the written decision is given.
37.4
For the purposes of Section 37.3, the "date on which the decision was made" means:
(a)
the date the Development Authority signs the notice of decision or development
permit; or
(b)
the date the decision is posted in the newspaper;
whichever occurs later.
SECTION 38 COMMENCEMENT OF DEVELOPMENT
38.1
Despite the issuance of a development permit, no development is authorized to
commence within 21 days after the date on which the decision was made.
38.2
If an appeal is made, no development is authorized pending the outcome of the appeal.
38.3
Any development occurring prior to the dates determined under Section 38.1 is at the risk
of the applicant.
SECTION 39 DEVELOPMENT PERMIT VALIDITY
39.1
Unless a development permit is suspended or cancelled, the development must be
commenced and carried out with reasonable diligence in the opinion of the Development
Officer or the Municipal Planning Commission within 12 months from the date of issuance
of the permit, otherwise the permit is no longer valid.
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39.2
An application to extend the validity of a development permit may be made at any time
prior to the expiration of the approved permit in accordance with Section 39.3, except for
a permit for a temporary use which shall not be extended.
39.3
Upon receipt of a request to extend the validity of a development permit, the validity of
a development permit may be extended for up to a period of one year by:
(a)
the Development Officer or the Municipal Planning Commission if the permit was
issued by the Development Officer;
(b)
the Municipal Planning Commission if the permit was issued by the Municipal
Planning Commission or approved on appeal by the Subdivision and Development
Appeal Board.
39.4
When any use has been discontinued for a period of 6 months or more, any development
permit that may have been issued is no longer valid and said use may not be
recommenced until a new application for a development permit has been made and a
new development permit issued. This section does not apply to non-conforming uses
which are regulated under section 643 of the MGA.
39.5
The Development Officer or the Municipal Planning Commission may place conditions on
a development permit approval that stipulate a timeframe for the completion of a
development.
SECTION 40 TRANSFERABILITY OF DEVELOPMENT PERMIT
40.1
A home occupation permit is non-transferable.
40.2
Any other valid development permit is transferable where the use remains unchanged,
and the development is affected only by a change of ownership, tenancy, or occupancy.
SECTION 41 FAILURE TO MAKE A DECISION - DEEMED REFUSAL
41.1
In accordance with section 684 of the MGA, an application for a development permit shall,
at the option of the applicant, be deemed to be refused when the decision of the
Development Officer or the Municipal Planning Commission, as the case may be, is not
made within 40 days of receipt of the complete application unless the applicant has
entered into an agreement with the Development Officer or the Municipal Planning
Commission to extend the 40-day decision period.
SECTION 42 REAPPLICATION FOR A DEVELOPMENT PERMIT
42.1
If an application for a development permit is refused by the Development Officer, the
Municipal Planning Commission, or on appeal the Subdivision and Development Appeal
Board, the submission of another application for a development permit on the same
parcel of land for the same or for a similar use of the land may not be accepted by the
Development Officer for at least six (6) months after the date of refusal.
42.2
If an application was refused solely because it did not comply with the standards of this
bylaw or was refused as an incomplete application under Section 28, the Development
Officer may accept another application on the same parcel of land for the same or similar
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use before the time period referred to in Section 42.1 has lapsed, provided the application
has been modified to comply with this bylaw.
SECTION 43 SUSPENSION OR CANCELLATION OF A PERMIT
43.1
If after a development permit has been issued, the Development Officer or the Municipal
Planning Commission determines that:
(a)
the application contained a misrepresentation;
(b)
facts were not disclosed which should have been at the time of consideration of the
application for the development permit;
(c)
the development permit was issued in error; or
(d)
the applicant withdrew the application by way of written notice;
the Development Officer or the Municipal Planning Commission may suspend or
cancel the development permit by notice in writing to the holder of it stating the
reasons for any suspension or cancellation.
43.2
Upon receipt of the written notification of suspension or cancellation, the applicant must
cease all development and activities to which the development permit relates.
43.3
A person whose development permit is suspended or cancelled under this section may
appeal within 21 days of the date the notice of cancellation or suspension is received to
the Subdivision and Development Appeal Board.
43.4
If a development permit is suspended or cancelled, the Subdivision and Development
Appeal Board shall review the application if an appeal is filed by the applicant and either:
(a)
reinstate the development permit; or
(b)
cancel the development permit if the Development Officer or the Municipal
Planning Commission would not have issued the development permit if the facts
subsequently disclosed had been known during the consideration of the application;
or
(c)
reinstate the development permit and may impose such other conditions as are
considered necessary to ensure that this bylaw or any statutory plan is complied
with.
SUBDIVISION RULES AND PROCEDURES
SECTION 44 SUBDIVISION APPLICATIONS
44.1
An applicant applying for subdivision shall provide the required material and information
as requested by the Subdivision Authority or its designate. A complete application shall
consist of:
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(a) an official application, in the manner and form prescribed, clearly and legibly
completed with all the required information and signatures provided as requested
on the form; and
(b)
the applicable fees paid; and
(c)
an up-to-date and current copy of the Certificate of Title to the subject land; and
(d)
a surveyors sketch or tentative subdivision plan with dimensions, structures,
location of private sewage disposal system, professionally prepared; and
(e)
provincial abandoned gas well information; and
(f)
any such other information as may be required at the discretion of the Subdivision
Authority in order to accurately evaluate the application and determine compliance
with the Land Use Bylaw or other government regulations. This may include but is
not limited to the provision of geotechnical information, soil analysis reports, water
reports, soil or slope stability analysis, drainage information, contours and
elevations of the land, engineering studies or reports, wetland reports,
environmental impact assessments, utility and servicing information, and/or the
preparation of a conceptual design scheme or an area structure plan prior to a
decision being rendered on a subdivision application to determine the suitability of
the land for the proposed use; and
(g)
the consent to authorize the Subdivision Authority or its designate to carry out a site
inspection on the subject land as authorized in accordance with the MGA must also
be provided on the submitted application form unless determined not to be needed
by the Subdivision Authority.
44.2
In accordance with the MGA, the Subdivision Authority or those authorized to act on its
behalf, shall provide notification to a subdivision applicant within the 20-day prescribed
time period, on whether a submitted application is deemed complete, or if it is
determined to be deficient what information is required to be submitted by a specified
time period, by sending notification in the following manner:
(a)
for an application deemed complete, the applicant shall be notified in writing as part
of the formal subdivision application circulation referral letter;
(b)
for an application determined to be incomplete, written notification shall be given
to the applicant which may be in the form of a letter sent by regular mail to the
applicant, or sent by electronic means, or both, or by any other method as may be
agreed to between the applicant and Subdivision Authority;
(c)
in respect of subsection (b) for a subdivision application determined to be
incomplete, the applicant will be advised in writing as part of the Notice of
Incompleteness what the outstanding or required information items are that must
be submitted by the time specified in the notice.
44.3
Notwithstanding Section 44.2, the applicant and Subdivision Authority may agree and sign
a time extension agreement in writing in accordance with section 653.1(3) of the MGA to
extend the 20-day decision time period to determine whether the subdivision application
and support information submitted is complete.
44.4
A determination made by the Subdivision Authority that an application is complete for
processing does not preclude the ability for the Subdivision Authority to request other
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information or studies to be submitted by the applicant during the review and processing
period, prior to a decision being rendered, or as condition of subdivision approval.
SECTION 45 INCOMPLETE SUBDIVISION APPLICATIONS
45.1
The Subdivision Authority may refuse to accept and process a subdivision application
where the information required under Section 44 and/or as described in a Notification of
Incompleteness has not been submitted, is determined to be deficient, is still incomplete,
or in the opinion of the Subdivision Authority the quality of the material supplied is
inadequate to properly evaluate the application.
45.2
If the Subdivision Authority makes a determination that the application is refused due to
incompleteness, the applicant shall be notified in writing with reasons in the manner as
described in Section 44.2.
45.3
The notification provided for in Section 44.2(b) shall include for the applicant the required
information on the filing of an appeal and to which appeal board body the appeal lies,
either the local appeal board or provincial Municipal Government Board, in accordance
with the parameters of the MGA.
ENFORCEMENT AND APPEALS
SECTION 46 SUBDIVISON AND DEVELOPMENT APPEALS
46.1
Any person applying for a development permit or any other person affected by an order,
decision or development permit made or issued by the Development Officer or the
Municipal Planning Commission may appeal such an order or decision to the Subdivision
and Development Appeal Board or the Land and Property Rights Tribunal in accordance
with the procedures described in the MGA.
46.2
The applicant may appeal a subdivision decision, and any condition attached to the
decision, to the Subdivision and Development Appeal Board or the Land and Property
Rights Tribunal in accordance with the procedures described in the MGA.
46.3
An appeal to the local Subdivision and Development Appeal Board shall be commenced
by serving a written notice of the appeal with reasons to the Subdivision and
Development Appeal Board and shall be accompanied by the applicable fees.
SECTION 47 GENERAL PROVISIONS
47.1
A Development Officer may enforce the provisions of the MGA and its regulations, the
conditions of a permit or subdivision approval, and this bylaw. Enforcement may be by
notice of violation, stop orders, or any other authorized action to ensure compliance.
Right of Entry
47.2
After reasonable notice (generally to mean 48 hours' notice) to the owner or occupant in
accordance with the MGA, a Development Officer may enter property at reasonable times
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(generally to mean 7:30 AM to 10:00 PM) to ascertain if bylaw requirements are being
met.
47.3
A person shall not prevent or obstruct the Development Officer from carrying out any
official duty under this bylaw. If consent is not given, the Village of Hill Spring may apply
for an authorizing order.
Contravention of Bylaw
47.4
Any owner, lessee, tenant or occupant of land, a building, a structure or a sign thereon,
who, with respect to such land, building, structure:
(a)
contravenes; or
(b)
causes, allows or permits a contravention of any provision of this bylaw;
commits an offence.
47.5
It is an offence for any person to:
(a)
construct a building or structure,
(b)
make an addition or alteration thereto, or
(c)
place a sign on land,
for which a development permit is required but has not been issued or is not valid under
this bylaw.
Warning Notice
47.6
A Development Officer may issue a warning notice outlining the nature of the violation,
corrective measures that may be taken, and the deadline for corrective measures.
SECTION 48 NOTICE OF VIOLATION
48.1
Once the Village has found a violation of this bylaw, the Development Officer may notify
either the owner of the land, the building or the structure, the person in possession of
the land, building or structure, the person responsible for the violation or any or all of
them, of the contravention of this bylaw, by:
(a)
delivering a Notice of Violation either in person or by ordinary mail to the owner of
the land, building or structure at the address listed on the tax roll for the land in
question; or
(b)
delivering a Notice of Violation either in person or by ordinary mail to the owner of
a sign, at a location where the owner carries on business.
48.2
Such notices shall include the:
(a)
nature of the violation,
(b)
corrective measures required to comply, and
(c)
time period within which such corrective measures must be performed.
48.3
The appearance of the name of an individual, organization, corporation or ownership on
a sign is prima facie proof that the individual, organization, corporation or owner named
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thereon caused, suffered or permitted the sign to be placed on land, and is responsible
for any contravention of the provisions of this bylaw.
48.4
The Village is not required to issue a Violation Notice before commencing any other
enforcement action under the MGA, or this bylaw, or at all.
SECTION 49 STOP ORDERS
49.1
As set forth in the MGA, the Development Authority is authorized to issue an order under
section 645 of the MGA if a development, land use or use of a building is not in accordance
with the MGA, the Subdivision and Development Regulation, a development permit or
subdivision approval, or this bylaw.
49.2
A person who receives notice pursuant to Section 49.1 may appeal the order to the
Subdivision and Development Appeal Board in accordance with the MGA.
49.3
Pursuant to section 646 of the MGA, if a person fails or refuses to comply with an order
directed to the person under section 645 or an order of a Subdivision And Development
Appeal Board under section 687, the Development Officer may, in accordance with
section 542, enter on the land or building and take any action necessary to carry out the
order.
49.4
The Village may register a caveat under the Land Titles Act in respect of an order referred
to in Section 49.1 against the Certificate of Title for the land that is the subject of an order.
49.5
If a caveat is registered under Section 49.4, the Village must discharge the caveat when
the order has been complied with.
49.6
If compliance with a stop order is not voluntarily effected, the Village may undertake legal
action, including but not limited to, seeking injunctive relief from the Alberta Court of
Queen's Bench pursuant to section 554 of the MGA. In accordance with section 553 of
the MGA, the expenses and costs of carrying out an order under section 646 of the MGA
may be added to the tax roll of the parcel of land.
SECTION 50 PENALTIES AND RIGHT OF ENTRY
50.1
Any person who contravenes any provision of this bylaw is guilty of an offence in
accordance with Part 13, Division 5, Offences and Penalties of the MGA and is liable to a
fine of not more than $10,000 or to imprisonment for not more than one year or to both
fine and imprisonment.
50.2
In accordance with section 542 of the MGA, a Development Officer may, after giving
reasonable notice to and obtaining consent from the owner or occupier of land upon
which this bylaw or MGA authorizes anything to be inspected, remedied or enforced or
done by a municipality:
(a)
enter on that land at a reasonable time and carry out inspection, enforcement, or
action authorized or required by the enactment or bylaw;
(b)
request anything to be produced to assist in the inspection, remedy, enforcement
or action; and
Land Use Bylaw No. 2024-274
Administration | 25
(c)
make copies of anything related to the inspection, remedy, enforcement or action.
50.3
If a person refuses to grant consent or refuses to produce anything to assist in the
inspection, remedy, enforcement or action referred to in section 542 of the MGA, the
municipality under the authority of section 543 of the MGA may obtain a court order.
AMENDMENTS TO THE LAND USE BYLAW
SECTION 51 PROCESS TO AMEND THE LAND USE BYLAW
51.1
Any person or the Village may initiate amendments to the Village of Hill Spring Land Use
Bylaw by submitting an application to the Development Officer.
51.2
All applications for amendment shall be submitted using the applicable form in Appendix
A, and be accompanied by any additional information, as deemed necessary by the
Development Officer to process the application.
51.3
The Development Officer may refuse to accept an application if, in his/her opinion, the
information supplied is not sufficient to make a proper evaluation of the proposed
amendment.
51.4
Council or the Development Officer may refer the application to the Municipal Planning
Commission for their recommendation.
51.5
The Development Officer shall forward the application to Council for consideration if
he/she is satisfied sufficient information has been provided with the application.
51.6
Public hearing and notification requirements shall be in accordance with section 692 of
the MGA.
51.7
Where an application for an amendment to the Village of Hill Spring Land Use Bylaw has
been refused by Council, another application that is the same or similar in nature shall
not be accepted until at least 12 months after the date of refusal.
51.8
Where an application has been significantly changed, Village Council may accept an
application prior to the end of the 12-month period specified in Section 51.7.
SECTION 52 LAND USE REDESIGNATION APPLICATION REQUIREMENTS
52.1
A request for redesignation from one land use district to another shall be accompanied
by:
(a)
a completed application form and the applicable fee;
(b)
a copy of the Certificate of Title for the lands, dated not more than 60 days prior to
the date on which the application was made;
(c)
a narrative describing the:
(i)
proposed designation and future uses(s);
Administration | 26
Land Use Bylaw No. 2024-274
(ii)
consistency with the applicable statutory plans;
(iii) compatibility of the proposal with surrounding uses and zoning;
(iv) development potential/suitability of the site, including identification of any
constraints and/or hazard areas (e.g. easements, soil conditions, topography,
drainage, floodplain, steep slopes, etc.);
(v)
availability of facilities and services (sewage disposal, domestic water, gas,
electricity, fire and police protection, schools, etc.) to serve the subject
property while maintaining adequate levels of service to existing
development;
(vi) any potential impacts on public roads; and
(vii) any other information deemed necessary by the Development Officer or
Council to properly evaluate the proposal.
(d)
conceptual lot design, if applicable;
(e)
a geotechnical report prepared by an engineer registered with the Association of
Professional Engineers, Geologists, and Geophysicists of Alberta (APEGGA),
addressing the following but not limited to:
(i)
slope stability,
(ii)
groundwater,
(iii) sewage,
(iv) water table, and
(v)
flood plain analysis,
if deemed necessary by the Development Officer, or Council;
(f)
an evaluation of surface drainage which may include adjacent properties if deemed
necessary by the Development Officer, or Council; and
(g)
any other information deemed necessary by the Development Officer, or Council to
properly evaluate the application.
52.2
An Area Structure Plan or Conceptual Design Scheme shall be required in conjunction with
a redesignation application, or unless determined otherwise by Council, when:
(a)
multi-lot residential development resulting in the creation of more than three lots
or which has the potential to trigger capacity upgrades or expansion of
infrastructure; or
(b)
as required by Council.
SECTION 53 REDESIGNATION CRITERIA
53.1
When redesignating land from one land use district to another, Council considerations
shall include the following:
(a)
compliance with applicable standards and provisions of the Village of Hills Spring
Land Use Bylaw;
Land Use Bylaw No. 2024-274
Administration | 27
(b)
consistency with the Municipal Development Plan and any other adopted statutory
plans;
(c)
compatibility with adjacent uses;
(d)
development potential/suitability of the site;
(e)
availability of facilities and services (sewage disposal, domestic water, gas,
electricity, police and fire protection, schools, etc.) to serve the subject property and
any potential impacts to levels of service to existing and future developments;
(f)
cumulative impact to the Village;
(g)
potential impacts on public roads;
(h)
setback distances contained in the Matters Relating to Subdivision and
Development Regulation;
(i)
supply of suitably developable land;
(j)
public comment and any applicable review agency comments; and
(k)
any other matters deemed pertinent.
ADMINISTRATION DEFINITIONS
SECTION 54 DEFINITIONS
The following definitions shall apply to the entire bylaw.
|A
APPROVED USE means a use of land and/or building for which a development permit has been issued by
the Development Authority or the Subdivision and Development Appeal Board.
AREA STRUCTURE PLAN means a statutory plan prepared for the purpose of providing a framework for
subsequent subdivision and development of an area of land (MGA, section 633) and that may be adopted
by a Council by bylaw.
|B
BUILDING PERMIT means a certificate or document issued by the Safety Codes Officer pursuant to
provincial legislation authorizing commencement of construction.
BYLAW means the Land Use Bylaw of the Village of Hill Spring.
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Land Use Bylaw No. 2024-274
|C
CERTIFICATE OF COMPLIANCE means a document signed by the Development Authority, certifying that a
development complies with this bylaw with respect to yard requirements and insofar as represented on an
Alberta Land Surveyor's Real Property Report.
CHANGE OF USE means the conversion of land or building, or portion thereof from one land use activity to
another in accordance with the Permitted or Discretionary Uses as listed in each land use district.
CONCEPTUAL DESIGN SCHEME means a detailed site layout plan for a parcel of land which typically
addresses the same requirements of an Area Structure Plan but which is not adopted by bylaw which:
(a)
shows the location of any existing or proposed buildings; and
(b)
describes the potential effect and/or relationship of the proposed development on the
surrounding area and the municipality as a whole; and
(c)
provides for access roads, water, sewer, power and other services to the satisfaction of the
Subdivision Authority or Council.
CONDOMINIUM means a building or structure where there exists a type of ownership of individual units,
generally in a multi-unit development or project where the owner possesses an interest as a tenant in
common with other owners in accordance with the provisions of the Condominium Property Act.
CONDOMINIUM PLAN means a plan of survey registered at a Land Titles Office prepared in accordance
with the provisions of the Condominium Property Act, Revised Statutes of Alberta 2000, Chapter C-22, as
amended.
COUNCIL means Council of the Village of Hill Spring.
|D
DEVELOPER means a person or an owner of land in accordance with the Statutes of the Province of Alberta
who wishes to alter the title to the property and change the use of the property from its existing use.
DEVELOPMENT in accordance with the Municipal Government Act means:
(a)
an excavation or stockpile and the creation of either of them;
(b)
a building or an addition to or replacement or repair of a building and the construction or placing
of any of them in, on, over or under land;
(c)
a change of use of land or a building or an act done in relation to land or a building that results
in or is likely to result in a change in the use of the land or building; or
(d)
a change in the intensity of use of land or a building or an act done in relation to land or a building
that results in or is likely to result in a change in the intensity of use of the land or building.
DEVELOPMENT AGREEMENT means a contractual agreement completed between the municipality and an
applicant for a development permit or subdivision approval which specifies the roadways, walkways, public
Land Use Bylaw No. 2024-274
Administration | 29
utilities, and other services to be provided by the applicant as a condition of a development permit or
subdivision approval, in accordance with the Municipal Government Act.
DEVELOPMENT AUTHORITY means the body established by bylaw to act as the Development Authority in
accordance with sections 623(b) or (c) and 624 of the Municipal Government Act.
DEVELOPMENT OFFICER means a person(s) authorized by Council to act as a development authority
pursuant to section 624 of the Municipal Government Act and in accordance with the Municipal Subdivision
and Development Authority Bylaw.
DEVELOPMENT PERMIT means a permit issued with or without conditions pursuant to this bylaw
authorizing a development. A development permit does not constitute a building permit.
DISCRETIONARY USE means the use of land or building(s) provided for in the Land Use Bylaw for which a
development permit may be issued, following receipt by the Development Officer of a competed
application with appropriate details and fees.
DISTRICT - see LAND USE DISTRICT
|G
GEOTECHNICAL REPORT means a comprehensive site analysis and report prepared by a qualified and
registered professional with the Association of Professional Engineers and Geoscientists of Alberta (APEGA).
|L
LANDOWNER - see REGISTERED OWNER
LAND USE DISTRICT means a specifically delineated area or zone within which the development standards
of this bylaw govern the use, placement, spacing, and size of land and buildings.
LANE or LANEWAY means a public thoroughfare, which provides a secondary means of access to a lot or
lots.
LOT means a lot as defined in the Municipal Government Act and shall include a bare land condominium
unit.
|M
MAINTENANCE means the upkeep of a building or property that does not involve structural change, the
change of use, or the change of intensity of use.
MATTERS RELATING TO SUBDIVISION AND DEVELOPMENT REGULATION means regulations established
by order of the Lieutenant Governor in Council pursuant to section 694 of the Municipal Government Act.
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Land Use Bylaw No. 2024-274
MUNICIPAL DEVELOPMENT PLAN means a statutory plan, formerly known as a General Municipal Plan,
adopted by bylaw in accordance with section 632 of the Municipal Government Act.
MUNICIPAL GOVERNMENT ACT (MGA) means the Municipal Government Act, Revised Statutes of Alberta,
2000, Chapter M-26, as amended.
MUNICIPAL SUBDIVISION AND DEVELOPMENT AUTHORITY means the committee authorized by Council
to act as the Subdivision Authority pursuant to section 623 of the Municipal Government Act and
Development Authority pursuant to section 624 of the Municipal Government Act, and in accordance with
the Municipal Subdivision and Development Authority Bylaw.
MUNICIPAL/SCHOOL RESERVE means the land specified to be municipal and school reserve by a subdivision
approving authority pursuant to section 666 of the Municipal Government Act.
|N
NON-COMPLIANCE means a development constructed, or use undertaken after the adoption of the current
Land Use Bylaw and does not comply with the current Land Use Bylaw.
NON-CONFORMING BUILDING means a building:
(a)
that is lawfully constructed or lawfully under construction at the date of a Land Use Bylaw or any
amendment thereof affecting the building or land on which the building is situated becomes
effective; and
(b)
that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or
when constructed will not, comply with the Land Use Bylaw.
NON-CONFORMING USE means a lawful specific use:
(a)
being made of land or a building or intended to be made of a building lawfully under
construction, at the date of a Land Use Bylaw or any amendment thereof affecting the land or
building becomes effective; and
(b)
that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or
in the case of a building under construction, will not comply with the Land Use Bylaw.
NON-SERVICED means, in respect to a lot or parcel, that neither a municipal water system nor a municipal
sewage system service it.
NUISANCE means any use, prevailing condition or activity which has a detrimental effect on living or
working conditions.
|O
OFF-SITE LEVY means the rate established by the municipal Council that will be imposed upon owners
and/or developers who are increasing the use of utility services, traffic services, and other services directly
attributable to the changes that are proposed to the personal property. The revenues from the off-site
Land Use Bylaw No. 2024-274
Administration | 31
levies will be collected by the municipality and used to offset the future capital costs for expanding utility
services, transportation network, and other services that have to be expanded in order to service the needs
that are proposed for the change in use of the property.
ORIENTATION means the arranging or facing of a building or other structure with respect to the points of
the compass.
|P
PARCEL means an area of land described in a Certificate of Title either directly or by reference to a plan and
registered with the Alberta Land Titles Office.
PARTIALLY SERVICED LOT means a lot that is provided water or sewer serviced by either:
(a)
a municipal water line or a municipal sewer line; or
(b)
an incorporated organization or co-operative, recognized by the municipality, that is operating a
provincially approved water or sewer system.
PERMITTED USE means the use of land or building(s) which is permitted in a district for which a
development permit shall be issued, following receipt by the Development Officer of a completed
application with appropriate details and fees.
PLAN OF SUBDIVISION means a plan of survey prepared in accordance with the relevant provisions of the
Land Titles Act for the purpose of effecting subdivision.
PRINCIPAL BUILDING means a building which:
(a)
occupies the major or central portion of a lot;
(b)
is the chief or main building on a lot; or
(c)
constitutes, by reason of its use, the primary purpose for which the lot is used.
PRINCIPAL USE means the main purpose, in the opinion of the Development Officer or Municipal
Subdivision and Development Authority, for which a lot is used.
PROHIBITED USE means a development that is not listed as permitted or discretionary or is not considered
similar within a land use district.
|R
REAL PROPERTY REPORT (RPR) means a legal document that illustrates in detail the location of all relevant,
visible public and private improvements relative to property boundaries prepared by a registered Alberta
Land Surveyor.
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Land Use Bylaw No. 2024-274
REGISTERED OWNER means:
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the
Minister of the Crown having the administration of the land; or
(b)
in the case of any other land:
(i)
the purchase of the fee simple estate in the land under an agreement for sale that is the
subject of a caveat registered against the Certificate of Title in the land, and any assignee
of the purchaser's interest that is the subject of a caveat registered against the Certificate
of Title; or
(ii)
in the absence of a person described in paragraph (i), the person registered under the Land
Titles Act as the owner of the fee simple estate in the land.
RIGHT-OF-WAY means an area of land not on a lot that is dedicated for public or private use to
accommodate a transportation system and necessary public utility infrastructure (including but not limited
to water lines, sewer lines, power lines, and gas lines).
|S
SAFETY CODES means a code, regulations, standard, or body of rules regulating things such as building,
electrical systems, elevating devices, gas systems, plumbing or private sewage disposal systems, pressure
equipment, fire protection systems and equipment, barrier free design and access in accordance with the
Safety Codes Act, RSA 2000, Chapter S-1, as amended.
SIMILAR USE means a use of land or building(s) for a purpose that is not provided in any district
Development in this bylaw but is deemed by the Development Officer or Municipal Subdivision and
Development Authority to be similar in character and purpose to another use of land or buildings that is
included within the list of uses prescribed for that district.
SITE means that part of a parcel or a group of parcels on which a development exists or which an application
for a development permit is being made.
STOP ORDER means an order issued by the Development Officer or Municipal Subdivision and Development
Authority pursuant to section 645 of the Municipal Government Act.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB) means the committee established, by bylaw, to
act as the municipal appeal body for subdivision and development applications.
SUBDIVISION AUTHORITY means the body established by bylaw to act as the subdivision authority in
accordance with section 623 of the Municipal Government Act.
SUBDIVISION OR SUBDIVIDE means the division of a parcel by an instrument.
SUBSIDENCE means a localized downward settling or sinking of a land surface.
SUCH AS means includes but is not limited to the list of items provided.
Land Use Bylaw No. 2024-274
Administration | 33
|T
TEMPORARY DEVELOPMENT means a development for which a development permit has been issued for a
limited time period.
|U
USE means the purposes for which land or a building is arranged or intended, or for which either land, a
building or a structure is, or may be, occupied and maintained.
UTILITIES means any one or more of the following:
(a)
systems for the distribution of gas, whether artificial or natural;
(b)
facilities for the storage, transmission, treatment, distribution or supply of water or electricity;
(c)
facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d)
storm water drainage facilities;
(e)
any other things prescribed by the Lieutenant Governor in Council by regulation;
but does not include those systems or facilities referred to in subclauses (a) to (d) that are exempted by the
Lieutenant Governor in Council by regulation.
|V
VILLAGE means the Village of Hill Spring
|W
WAIVER means the relaxation or variance of a development standard as established in this bylaw.
All other words and expressions not otherwise defined in this Land Use Bylaw have the meaning
assigned to them in the Municipal Government Act.
Schedule 1
LAND USE DISTRICTS AND MAP
Land Use Bylaw No. 2024-274
Schedule 1 | 1
Schedule 1
LAND USE DISTRICTS
SECTION 1
LAND USE DISTRICTS
1.1
The municipality is divided into those districts shown on the Land Use Districts Map of
this schedule.
1.2
Each district shown on the map referred to in section 1 of this schedule shall be known
by the following identifying names and symbols:
RESIDENTIAL
- R1
COMMERCIAL / RESIDENTIAL
- C1
PUBLIC AND RECREATION
- PR
URBAN AGRICULTURAL
- UA
DIRECT CONTROL
- DC
SECTION 2
LAND USE DISTRICTS MAP
2.1
Land Use Districts Map (following this page)
Schedule 2
LAND USE DISTRICT REGULATIONS
Land Use Bylaw No. 2024-274
Schedule 2 - R1 | 1
Schedule 2
RESIDENTIAL - R1
SECTION 1
PURPOSE
1.1
To provide for a high quality residential environment with an appropriate range of
housing types that comply with standards outlined in the Residential land use district.
SECTION 2
USES
2.1
Permitted Uses
Accessory building less than 83.6 m2 (900 ft2) (See Sec. 5)
Accessory structure
Accessory use
Addition to dwelling
Alternative energy, roof mounted solar system (See Sch. 5, Sec. 2)
Dwelling, Single unit
Home occupation, minor (See Sch. 5, Sec. 6)
Shipping container, temporary (See Sch. 5, Sec. 9.10)
2.2
Discretionary Uses
Accessory building greater than 83.6 m2 (900 ft2) (See Sec. 5)
Accessory dwelling unit (See Sch. 5, Sec. 1)
Alternative energy, freestanding solar system (See Sch. 5, Sec. 2)
Childcare facility (See Sch. 5, Sec. 4)
Dwelling group
Dwelling, Moved-in: (See Sch. 5, Sec. 7)
-
Manufactured home
-
Modular home
-
Previously occupied dwelling
-
Ready-to-move home
Home occupation, major (See Sch. 5, Sec. 6)
Moved-in building (See Sch. 5, Sec. 8)
Multi-unit dwelling:
-
Two, three or four-unit
-
Row house
-
Apartment
Parks and playgrounds
Tourist home (See Sch. 5, Sec. 11)
Schedule 2 - R1 | 2
Land Use Bylaw No. 2024-274
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes for subdivision and development purposes are as follows:
Width
Length
Area
Use
m
ft
m
ft
m2
ft2
Dwelling:
Single Dwelling
Moved-in Dwelling
38.1
125
36.6
120
1394.0
15,000
Multi-unit Dwelling
* or greater as required by the MUNICIPAL
PLANNING COMMISSION
38.1*
125*
36.6*
120*
1394.0*
15,000*
All other uses
As required by the Municipal Planning Commission
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
m
ft
All Dwellings:
7.6
25
3.8
12.5
3.8
12.5
7.6
25
Accessory building, exempt shed
7.6
25
3.8
12.5
0.9
3
0.6
2
Subsequent accessory buildings
7.6
25
3.8
12.5
0.9
3
0.6
2
Accessory building, detached
garage
7.6
25
3.8
12.5
0.9
3
0.6
2
All other uses
As required by the Municipal Planning Commission
4.2
The Development Officer or Municipal Planning Commission may require increased
building setbacks if such setbacks would:
(a)
help avoid land use conflict; or
(b)
enhance the appearance of the area; or
(c)
avoid existing registered easements.
4.3
The Development Officer or Municipal Planning Commission may waive the building
setback requirement in a well-established residential area if, in his or their opinion, the
setback is in accordance with the prevailing yard pattern within the parameters of the
authorized waiver limits.
4.4
The following features may, subject to the relevant provisions of Safety Codes, project
into the required setbacks under this bylaw:
(a)
eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar
architectural features attached to the principal dwelling may project over a side
setback as permitted under the relevant provisions of Safety Codes and over a front
or rear setback a distance not to exceed 1.2 m (4 ft);
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Schedule 2 - R1 | 3
(b)
unenclosed steps or unenclosed fire escapes, wheelchair ramp, fences or walls to
the property line, driveways, curbs and sidewalks, off-street parking, cooling units
not to exceed 0.9 m (3 ft), mailboxes, landscaping, fish ponds, ornaments, flagpoles
(less than 4.6 m (15 ft) in height), temporary swimming pools and signs may project
over a side, front or rear setback at the discretion of the Development Officer or the
Municipal Subdivision and Development Authority.
4.5
Where a laneway or roadway has reduced the size of a lot by cutting off a corner of the
lot, the minimum setback requirements shall apply to the portions of the lot that have
not been cut-off by the laneway or roadway.
SECTION 5
MAXIMUM SITE COVERAGE
5.1
Total lot coverage - 40%
(Inclusive of dwelling and attached garage)
5.2
Accessory buildings - The combined total of all accessory buildings (shed, garages,
accessory buildings) shall cover not more than 15% of the surface area of a lot.
5.3
Other developments shall be at the discretion of the Municipal Planning Commission
SECTION 6
MINIMUM FLOOR AREA
6.1
Minimum main floor area:
(a)
One-unit dwelling - 74.3 m2 (800 ft2)
(b)
Two-unit dwelling - 148.6 m2 (1600 ft2 - minimum of 800 ft2 per unit)
(c)
Manufactured home - 74.3 m2 (800 ft2)
(d)
All other uses - As required by the Municipal Planning Commission or Development
Officer
6.2
The total floor area of any accessory building and/or attached garage should be less than
the main floor area of the principal building.
SECTION 7
MAXIMUM BUILDING HEIGHT
7.1
Maximum building height:
(a)
Principal building - 8.5 m (28 ft)
(b)
Accessory structures - 4.9 m (16 ft)
(c)
Accessory buildings
-
16 feet (4.9 m) on lands of 0.5 acres (0.2 ha) or less in size
-
22 feet (6.7 m) on lands between 0.5 and 10 acres (0.2 and 4.0 ha)
-
at the discretion of the Municipal Planning Commission on lands of 10 acres
(4.0 ha) or greater in size
Schedule 2 - R1 | 4
Land Use Bylaw No. 2024-274
SECTION 8
ACCESSORY BUILDINGS AND STRUCTURES
8.1
Where a structure is attached to the principal building on a site by a roof, an open or
enclosed structure, a floor or foundation, it is to be considered a part of the principal
building and is not an accessory building.
8.2
No accessory building, structure or use shall be allowed:
(a)
on a lot without an approved principal dwelling or use,
(b)
to be located in the front yard of the principal structure.
8.3
The height of an accessory building in a residential land use district shall:
(a)
not exceed 16 feet (4.9 m) on lands of 0.5 acres (0.2 ha) or less in size,
(b)
not exceed 22 feet (6.7 m) on lands between 0.5 and 10 acres (0.2 and 4.0 ha),
(c)
be at the discretion of the Municipal Planning Commission on lands of 10 acres
(4.0 ha) or greater in size.
8.4
The first accessory building, which is 9.3 m² (100 ft2) or less in area, placed on a lot does
not require a development permit if there is an established principal use, but any second
or subsequent accessory building shall require a development permit and the
Development Authority may limit the number of accessory buildings on a lot.
8.5
Accessory buildings, structures and uses that are not specifically included within a
development permit require a separate development permit application.
8.6
Detached garages shall have a minimum separation of 1.2 m (4 ft) from the foundation of
any dwellings or buildings and a minimum of 0.6 m (2 ft) from the roof overhang of a
dwelling or structure.
8.7
Accessory buildings and structures shall be set back from a side lot line or rear lot line and
all drainage is conducted to the appropriate storm drain via the applicant's own property.
8.8
As a condition of a permit, if a development approval is required, the Development
Authority may stipulate specific requirements for the type of foundation, fastening or tie-
down system, finish, colour, roof pitch, and materials to be applied to the accessory
building or structure.
SECTION 9
OFF-STREET PARKING REQUIREMENTS
9.1
Maximum building height:
(a)
Dwellings - Two spaces per dwelling unit
(b)
All other uses - as required by the Municipal Planning Commission
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Schedule 2 - R1 | 5
SECTION 10
DESIGN APPROVAL
10.1
Before approving any application for development in this land use district, due
consideration shall be given to any design guidelines or policies that may have been
adopted by Council.
SECTION 11
STANDARDS OF DEVELOPMENT - See Schedule 4
SECTION 12
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 5
SECTION 13
DEFINITIONS - See Schedule 6
Land Use Bylaw No. 2024-274
Schedule 2 - C1 | 1
Schedule 2
COMMERCIAL / RESIDENTIAL- C1
SECTION 1
PURPOSE
1.1
The intent of this land use district is to encourage the development, redevelopment,
conservation and rehabilitation of the central commercial area.
SECTION 2
USES
2.1
Permitted Uses
Accessory use
Accessory building in conjunction with an existing residential use
Addition to building
Business
Offices
Personal service
Roof-mounted solar system (See Sch. 5, Sec. 2)
Retail
2.2
Discretionary Uses
Accessory building
Accessory structure
Alternative energy (See Sch. 5, Sec. 2)
Animal care service
Automotive, machinery and equipment sales, service and rental
Contractor
Dwelling, single unit
Garden Centre / Market Garden
Hotel
Institutional
Light industrial /manufacturing
Outdoor storage
Mixed use development
Restaurant
Service station
Shipping container (See Sch. 5, Sec. 9)
Signs (See Sch. 5, Sec. 10)
Utility
Schedule 2 - C1 | 2
Land Use Bylaw No. 2024-274
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes for subdivision and development purposes are as follows:
Width
Length
Area
Use
m
ft
m
ft
m2
ft2
All Residential Uses
38.1
125
36.6
120
1394.0
15,000
All Commercial
38.1
125
36.6
120
1397.0
15,000
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
m
ft
All Dwellings:
7.6
25
3.8
12.5
3.8
12.5
7.6
25
Accessory building, exempt shed
7.6
25
3.8
12.5
0.9
3
0.6
2
Subsequent accessory buildings
7.6
25
3.8
12.5
0.9
3
0.6
2
Accessory building, detached
garage
7.6
25
3.8
12.5
0.9
3
0.6
2
All commercial uses
As required by the Development Officer or Municipal Planning Commission
4.2
The Development Officer or Municipal Planning Commission may require increased
building setbacks if such setbacks would:
(a)
help avoid land use conflict; or
(b)
enhance the appearance of the area; or
(c)
avoid existing registered easements.
SECTION 5
MAXIMUM SITE COVERAGE
5.1
Residential uses
(a) Total lot coverage - 40% (Inclusive of dwelling and attached garage)
(b)
Accessory buildings - The combined total of all accessory buildings (shed, garages,
accessory buildings) shall cover not more than 15% of the surface area of a lot.
(c)
Other developments shall be at the discretion of the Municipal Planning Commission
5.2
Commercial uses
(a) Total lot coverage - 80% (Inclusive of all buildings and structures)
Land Use Bylaw No. 2024-274
Schedule 2 - C1 | 3
SECTION 6
MINIMUM FLOOR AREA
6.1
Minimum main floor area for residential uses:
(a)
One-unit dwelling - 74.3 m2 (800 ft2)
(b)
All other uses - As required by the Municipal Planning Commission or Development
Officer
6.2
The total floor area of any accessory building and/or attached garage should be less than
the main floor area of the principal building.
SECTION 7
MAXIMUM BUILDING HEIGHT
7.1
Maximum building height:
(a)
Principal building - 8.5 m (28 ft)
(b)
Accessory buildings - At the discretion of the Municipal Planning Commission
SECTION 8
ACCESSORY BUILDINGS AND STRUCTURES
8.1
Where a structure is attached to the principal building on a site by a roof, an open or
enclosed structure, a floor or foundation, it is to be considered a part of the principal
building and is not an accessory building.
8.2
No accessory building, structure or use shall be allowed:
(a)
on a lot without an approved use,
(b)
to be located in the front yard of the principal structure.
8.3
The first accessory building, which is 9.3 m² (100 ft2) or less in area, placed on a lot does
not require a development permit if there is an established principal use, but any second
or subsequent accessory building shall require a development permit and the
Development Authority may limit the number of accessory buildings on a lot.
8.4
Accessory buildings, structures and uses that are not specifically included within a
development permit require a separate development permit application.
8.5
Accessory buildings and structures shall be set back from a side lot line or rear lot line and
all drainage is conducted to the appropriate storm drain via the applicant's own property.
8.6
As a condition of a permit, if a development approval is required, the Development
Authority may stipulate specific requirements for the type of foundation, fastening or tie-
down system, finish, colour, roof pitch, and materials to be applied to the accessory
building or structure.
SECTION 9
COMMERICAL USE STANDARDS
9.1
The Development Officer or the Municipal Planning Commission may set conditions to
improve the compatibility with nearby land uses of any commercial use or development
including, but not limited to:
Schedule 2 - C1 | 4
Land Use Bylaw No. 2024-274
(a)
measures to control noise, smoke, dust, ash, smell, glare, heat and/or industrial
waste;
(b)
design, exterior building finish, landscaping, siting, setbacks, paving of parking areas,
and other details, as appropriate.
SECTION 10
STANDARDS OF DEVELOPMENT - See Schedule 4
SECTION 11
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 5
SECTION 12
DEFINITIONS - See Schedule 6
Land Use Bylaw No. 2024-274
Schedule 2 - PI | 1
Schedule 2
PUBLIC AND RECREATION - PR
SECTION 1
PURPOSE
1.1
The intent of this land use district is to ensure that the development of institutional uses
and facilities within the Village of Hill Spring is compatible with other land uses.
SECTION 2
USES
2.1
Permitted Uses
Accessory building
Accessory structure
Accessory use
Addition to building
Church
Government office
Medical/health facility
Museum
Recreation, public
School
Playground and sportsfield
Public use or assembly
Roof mounted solar system (See Sch. 5, Sec. 2)
2.2
Discretionary Uses
Alternative energy
Community hall
Exhibition centre
Childcare facility (See Sch. 5, Sec. 4)
Institutional
Recreation, private
Shipping container (See Sch. 5, Sec. 9)
Sign
Utilities
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes for subdivision and development purposes are as follows:
Width
Length
Area
Use
m
ft
m
ft
m2
ft2
All Uses
As required by the Development Officer or Municipal Planning Commission
Schedule 2 - PI | 2
Land Use Bylaw No. 2024-274
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
m
Ft
All uses
7.6
25
3.8
12.5
3.0
10
7.6
25
4.2
The Development Officer or Municipal Planning Commission may require increased
building setbacks if such setbacks would:
(a)
help avoid land use conflict; or
(b)
enhance the appearance of the area; or
(c)
avoid existing registered easements.
SECTION 5
MAXIMUM SITE COVERAGE
5.1
Total lot coverage - 50%
(Inclusive of all buildings and structures)
SECTION 6
ACCESSORY BUILDINGS AND STRUCTURES
6.1
Where a structure is attached to the principal building on a site by a roof, an open or
enclosed structure, a floor or foundation, it is to be considered a part of the principal
building and is not an accessory building.
6.2
No accessory building, structure or use shall be allowed:
(a)
on a lot without an approved use,
(b)
to be located in the front yard of the principal structure.
6.3
The first accessory building, which is 9.3 m² (100 ft2) or less in area, placed on a lot does
not require a development permit if there is an established principal use, but any second
or subsequent accessory building shall require a development permit and the
Development Authority may limit the number of accessory buildings on a lot.
6.4
Accessory buildings, structures and uses that are not specifically included within a
development permit require a separate development permit application.
6.6
Accessory buildings and structures shall be set back from a side lot line or rear lot line and
all drainage is conducted to the appropriate storm drain via the applicant's own property.
6.7
As a condition of a permit, if a development approval is required, the Development
Authority may stipulate specific requirements for the type of foundation, fastening or tie-
down system, finish, colour, roof pitch, and materials to be applied to the accessory
building or structure.
Land Use Bylaw No. 2024-274
Schedule 2 - PI | 3
SECTION 7
STANDARDS OF DEVELOPMENT - See Schedule 4
SECTION 8
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 5
SECTION 9
DEFINITIONS - See Schedule 6
Land Use Bylaw No. 2024-274
Schedule 2 - UA | 1
Schedule 2
URBAN AGRICULTURAL - UA
SECTION 1
PURPOSE
1.1
The intent of this land use district is to ensure the planned and orderly development of
larger parcels of land on the fringes of the Village in order that these areas may be suitable
for intensive future development.
SECTION 2
USES
2.1
Permitted Uses
Cultivation of land
Pasture
2.2
Discretionary Uses
Alternative energy
Accessory building and structures
Sign (See Sch. 5, Sec. 10)
Dwelling, single unit
Shipping container (See Sch. 5, Sec. 9)
Utility
SECTION 3
MINIMUM LOT SIZE
3.1
Minimum lot sizes for subdivision and development purposes are as follows:
Width
Length
Area
Use
m
ft
m
ft
m2
ft2
All Uses
5 acres or existing titles
SECTION 4
MINIMUM SETBACKS
4.1
Minimum setbacks are as follows:
Front Yard
Secondary Front
(Corner Lots)
Side Yard
Rear Yard
Use
m
ft
m
ft
m
ft
m
Ft
All uses
As required by the Development Officer or Municipal Planning Commission
4.2
The Development Officer or Municipal Planning Commission may require increased
building setbacks if such setbacks would:
(a)
help avoid land use conflict; or
Schedule 2 - UA | 2
Land Use Bylaw No. 2024-274
(b)
enhance the appearance of the area; or
(c)
avoid existing registered easements.
SECTION 5
ACCESSORY BUILDINGS AND STRUCTURES
5.1
Where a structure is attached to the principal building on a site by a roof, an open or
enclosed structure, a floor or foundation, it is to be considered a part of the principal
building and is not an accessory building.
5.2
No accessory building, structure or use shall be allowed:
(a)
on a lot without an approved principal dwelling or use,
(b)
to be located in the front yard of the principal structure,
5.3
The first accessory building, which is 9.3 m² (100 ft2) or less in area, placed on a lot does
not require a development permit if there is an established principal use, but any second
or subsequent accessory building shall require a development permit and the
Development Authority may limit the number of accessory buildings on a lot.
5.4
Accessory buildings, structures and uses that are not specifically included within a
development permit require a separate development permit application.
5.5
Detached garages shall have a minimum separation of 3.0 m (10 ft) from the foundation
of any dwellings or buildings and a minimum of 0.6 m (2 ft) from the roof overhang of a
dwelling or structure.
5.6
Accessory buildings and structures shall be set back from a side lot line or rear lot line and
all drainage is conducted to the appropriate storm drain via the applicant's own property.
5.7
As a condition of a permit, if a development approval is required, the Development
Authority may stipulate specific requirements for the type of foundation, fastening or tie-
down system, finish, colour, roof pitch, and materials to be applied to the accessory
building or structure.
SECTION 6
STANDARDS OF DEVELOPMENT - See Schedule 4
SECTION 7
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 5
SECTION 8
DEFINITIONS - See Schedule 6
Land Use Bylaw No. 2024-274
Schedule 2 - DC | 1
Schedule 2
DIRECT CONTROL - DC
SECTION 1
PURPOSE
1.1
The intent of a Direct Control District is to allow Council considerable flexibility for
approval of uses on suitable sites that have potential for a number of different land uses
while considering impacts on adjacent uses.
SECTION 2
PERMITTED USES
2.1
Any use Council considers suitable.
SECTION 3
MINIMUM LOT SIZE
3.1
As Council determines necessary, but not less than the requirements of the Matters
Relating to Subdivision and Development Regulation.
SECTION 4
STANDARDS OF DEVELOPMENT
4.1
As Council considers necessary having regard to Schedule 4.
SECTION 5
SIGNS
5.1
As Council considers necessary having regard to Schedule 5.
SECTION 6
OTHER STANDARDS
6.1
Council may require additional standards having regard to statutory plans, and comments
from referral agencies contacted under Section 7.3 of this district.
SECTION 7
APPROVAL PROCEDURE
7.1
Before Council considers an application for a use in the Direct Control district, they shall
cause notice to be issued by the Development Officer in accordance with Section 36 of
this bylaw and hear any persons that claim to be affected by the decision on the
application.
7.2
Council may then approve the application with or without conditions or refuse the
application.
7.3
When applicable, Council should seek comments from other government agencies, such
as Alberta Health Services, Planning Advisor, Alberta Transportation, Alberta
Environment, and any other agency Council considers necessary.
Schedule 3
DEVELOPMENT NOT REQUIRING
A DEVELOPMENT PERMIT
Land Use Bylaw No. 2024-274
Schedule 3 | 1
Schedule 3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
NOTE TO READER: The term "Development", where used in this Bylaw, means (a) an excavation or stockpile
and the creation of either of them; (b) a building or an addition to or replacement or repair of a building and
the construction or placing of any of them in, on, over or under land; (c) a change of use of land or a building
or an act done in relation to land or a building that results in or is likely to result in a change in the use of
the land or building; or (d) a change in the intensity of use of land or a building or an act done in relation to
land or a building that results in or is likely to result in a change in the intensity of use of the land or building.
1.
No development permit is required for any development that is specifically exempt by
the Lieutenant Governor in Council pursuant to section 618(4) of the Act.
2.
No development permit is required for development of the following kind:
(a)
the completion of a building which was lawfully under construction at the date of
the first publication of the public notice, required by the Act, stating Council's intent
to pass this bylaw, provided that:
(i)
the building is completed in accordance with the terms of any permit granted
by the development officer or the Municipal Planning Commission in respect
of it and subject to the conditions under which that permit was granted; and
(ii)
the building, whether or not a permit was granted in respect of it, is completed
within a period of 12 months from the date of the first publication of the public
notice;
(b)
the use of any building referred to in subsection (a) of this schedule for the purpose
for which construction was commenced;
(c)
the carrying out of works of maintenance or repair, if such works do not include
structural alterations and interior building renovations that do not affect the
existing use, appearance or exterior dimensions of a building;
(d)
the erection or construction of buildings, works, plants or machinery needed in
connection with operations for which a development permit has been issued for the
period of those operations;
(e)
the maintenance and repair of public works, services and utilities carried out by or
on behalf of federal, provincial, municipal or public authorities on land which is
publicly owned or controlled;
(f)
concrete or asphalt parking surfaces (excluding carports);
(g)
patios and related accessories (excluding roofs);
(h)
sidewalks or concrete surfaces;
(i)
fences of 3 feet 3 inches (1.0 m) or less in front yards and 6 feet (1.8 m) or less in
height in side or rear yards;
(j)
utility and garden sheds or greenhouses that are not on a permanent foundation
and do not exceed 100 sq. ft. (9.2 m2);
Schedule 3 | 2
Land Use Bylaw No. 2024-274
(k)
any landscaping or other outdoor improvements including driveways, patios,
sidewalks, retaining walls under 2 ft. (0.6 m) in height and enclosures which do not
involve a roof, providing the improvements comply with al other provisions of this
bylaw;
(l)
interior building renovations that do not affect the existing use, structural integrity,
appearance or exterior dimensions of the dwelling;
(m) the construction or maintenance of gates, fences, walls, or other means of
enclosure, subject to any limitations in height or other features detailed in Schedule
4 hereof;
(n)
a temporary sign or notice not exceeding 4 sq. ft. (0.4 m2) in area and relating to:
(i)
the sale or lease of land or building; or
(ii)
the carrying out of any construction; or
(iii) the announcement of any local event of a religious, educational, cultural,
political or governmental nature;
limited in display to period of completion of the sale, lease, construction or
event or to a maximum of 90 days, whichever is less;
(o)
a satellite dish less than 0.9 m (3ft);
(p)
moved-in buildings of less than 100 sq. feet (9.3 m2);
(q)
any use which requires approval at either a provincial or federal level, including but
not limited to commercial wind turbines, sour gas facilities, telecommunications
towers, heliports and airports.
3.
Any question as to whether a proposed development requires a development permit shall
be referred to the development officer who may make a decision or may refer the
question to the Municipal Planning Commission.
Schedule 4
STANDARDS OF DEVELOPMENT
Land Use Bylaw No. 2024-274
Schedule 4 | 1
Schedule 4
STANDARDS OF DEVELOPMENT
Except for more specific, alternative, or contradictory standards as may be set forth within an individual land use
district, the following standards apply to all uses in all districts.
SECTION 1
STREET CORNER VISIBILITY
1.1
On a corner lot, nothing shall be erected, placed, planted or allowed to grow in a manner which
may restrict traffic visibility at street intersections, between 0.9 m (3 ft) and 3.0 m (10 ft) above
the centre line grades of the intersecting streets in the area bounded by the property lines of such
corner lots and a line joining points along the said property line 6.1 m (20 ft) from the point of
intersection. (see Figures 4.1 and 4.2)
Figure 4.1
Figure 4.2
SECTION 2
ROAD ACCESS
2.1
All newly created lots shall have frontage on a public roadway which enables direct physical and
legal access onto that public road. Frontage on a laneway alone will not be permitted. The
minimum frontage requirements shall be as defined by the minimum lot dimensions in the
applicable land use district.
2.2
Vehicular access to a corner lot shall generally be limited to locations along the minor residential
street and access will be determined by the Development Authority at the time of development
approval.
2.3
The Development Authority may require access to be located so that it can be shared with an
adjoining lot or development.
Schedule 4 | 2
Land Use Bylaw No. 2024-274
SECTION 3
DRIVEWAYS
3.1
No driveways or other vehicular access shall be located less than:
(a)
20 feet (6.1 m) from the intersection of any two streets,
(b)
10 feet (3.0 m) from the entrance to a lane,
or such greater distance as may be required by the Municipal Planning Commission.
3.2
The Municipal Planning Commission may require a minimum separation distance between
vehicular access points in a non-residential land use district.
3.3
Vehicular access to corner lots shall be limited to the minor street wherever practical.
SECTION 4
RETAINING WALLS, GRADING AND DRAINAGE
4.1
The Municipal Planning Commission may require:
(a)
the construction of a retaining wall, including submittal of a certified engineered design as a
condition of development if significant differences in grade exist or will exist between the lot
to be developed and adjacent parcels;
(b)
the provision of engineered grading and drainage plans for the development;
(c)
special grading and/or paving to prevent drainage problems with neighbouring lots as a
condition of a development permit.
4.2
Roof and surface drainage shall be directed either to the public roadway fronting the property, or
as approved by the Development Officer, to a rear or side property boundary or as approved in an
engineered stormwater management plan.
4.3
Storm water connections or sump hoses must discharge a minimum of 1.8 m (6 ft) from the front
property line of the subject parcel.
SECTION 5
FENCES
5.1
The Development Authority may regulate the material types and colour used for a fence.
Regardless of fence height, barbed wire fencing or unconventional fencing materials, as
determined by the Development Authority, are prohibited in the Residential - R1 land use district.
5.2
The following fence heights that apply:
(a)
Fences, residential: in any residential land use district no fence, wall or other enclosure shall
extend more than 3 feet, 3 inches (1.0 m) above grade in any front yard and no more than 6
feet (1.8 m) above grade in any rear or side yard.
(b)
Fences, commercial: in any commercial land use district no fence, wall or other enclosure
shall extend 6 feet (1.8 m) above grade in any side or rear yard unless a development permit
has been approved by the Municipal Planning Commission.
(c)
Fences, industrial: in any industrial land use district no fence, wall or other enclosure shall
extend 6 feet (1.8 m) above grade in any side, rear or front yard unless a development permit
has approved by the Municipal Planning Commission.
Land Use Bylaw No. 2024-274
Schedule 4 | 3
5.3
All fences shall be constructed of materials and colours that are conducive to the principal
residence/building and/or the surrounding neighbourhood.
SECTION 6
DESIGN AND ORIENTATION OF BUILDINGS, STRUCTURES AND SIGNS
6.1
The design, character and appearance of buildings, structures or signs shall be consistent with the
intent of the land use district in which the building is located and compatible with other buildings
in the vicinity.
6.2
The Development Authority may regulate the exterior finish of buildings, structures or signs to
improve the quality of any proposed development within any land use district.
6.3
The maximum allowable height above the average finished surface level of the surrounding ground
of the exposed portion of a concrete or block foundation may be limited by the Development
Authority.
6.4
Subject to the requirements of the Safety Codes, the Development Authority may require that
buildings be physically accessible to disabled persons.
6.5
If a building is to be located on a lot with more than one street frontage or on a lot with potential
for further subdivision, the Development Authority may regulate the orientation and location of
the building as a condition of development approval.
6.6
The Municipal Planning Commission may require increased building setbacks if, in their opinion,
such setbacks would:
(a)
help avoid land use conflict;
(b)
enhance the appearance of the area.
SECTION 7
EASEMENTS
7.1
All buildings shall be located a minimum of 3.0 m (10 ft) from an easement unless otherwise
permitted.
SECTION 8
PERMITTED PROJECTIONS INTO SETBACKS
8.1
The following features may, subject to the relevant provisions of Safety Codes, project into the
required setbacks under this Bylaw:
(a)
unenclosed steps or unenclosed fire escapes;
(b)
a wheelchair ramp at the discretion of the Development Authority;
(c)
fences or walls to the property line in accordance with the applicable land use district;
(d)
driveways, curbs and sidewalks;
(e)
off-street parking;
(f)
cooling units not to exceed 0.9 m (3 ft);
(g)
mailboxes;
(h)
landscaping, fish ponds, ornaments, flagpoles [less than 4.6 m (15 ft) in height], or other
similar landscaping features;
Schedule 4 | 4
Land Use Bylaw No. 2024-274
(i)
temporary swimming pools in accordance with the applicable land use district; and
8.2
The portions of and attachments to a principal building which may project over a setback are as
follows:
(a)
eaves, fireplaces, belt courses, bay windows, cornices, sills or other similar architectural
features may project over a side setback as permitted under the relevant provisions of Safety
Codes and over a front or rear setback a distance not to exceed 1.2 m (4 ft);
(b)
an uncovered balcony, cantilever, or other similar feature may project over a side or rear
setback a distance not to exceed one-half of the width of the smallest setback required for
the site;
(c)
a chimney which is not more than 1.2 m (4 ft) wide and projects not more than 0.3 m (1 ft)
into a rear or side setback.
A - Eaves
F - Cooling unit
B - Wheel chair ramp
G - Mailbox
C - Bay window
H - Deck
D - Balcony
I - Steps
E - Chimney
Figure 4.3
SECTION 9
LANDSCAPING STANDARDS AND SCREENING
9.1
The Municipal Planning Commission may impose landscaping or screening requirements on a
development approval for a permitted or discretionary use if these would serve to improve the
quality or compatibility of the proposed development.
9.2
The front yard and corner side yard on corner lots shall be comprehensively landscaped, except
for those areas occupied by sidewalks or driveways, to the satisfaction of the Municipal Planning
Commission.
9.3
Where any parcel or part of a parcel adjacent to a road is used for outdoor storage of goods,
machinery, vehicles, buildings or waste materials, the Municipal Planning Commission may require
Land Use Bylaw No. 2024-274
Schedule 4 | 5
satisfactory screening by buildings, fences, hedges, trees, berming or other landscaping features.
(see Figure 4.4)
Figure 4.4
9.4
Parking lots shall be landscaped and/or screened as required by the Municipal Planning
Commission.
SECTION 10
EXTERIOR BUILDING FINISHES AND EXPOSED FOUNDATIONS
10.1
The Municipal Planning Commission may require that specific finishing materials and colour tones
be utilized to maintain the compatibility of any:
(a)
proposed development with surrounding or adjacent developments;
(b)
proposed additions or ancillary structures with existing buildings on the same lot.
10.2
The maximum allowable height above the average finished surface level of the surrounding ground
of the exposed portion of a concrete or block foundation may be regulated by the Development
Officer or the Municipal Planning Commission.
SECTION 11
DECKS AND AMENITY SPACES
11.1
A development permit is required for the construction of a deck if it will be attached to a principal
building.
11.2
Decks not attached to a building that do not exceed 0.6 m (2 ft) in height, do not require a
development permit provided they meet the minimum setback requirements for accessory
buildings.
11.3
Decks must be located in a manner such as to preserve the privacy of adjacent properties.
Schedule 4 | 6
Land Use Bylaw No. 2024-274
11.4
For the purposes of calculating site coverage requirements, where a structure is attached to the
principal building by an open or closed roof structure, it shall be deemed part of the principal
building and subject to principal building requirements.
SECTION 12
SITE LIGHTING
12.1
Site lighting may be required as a condition of development and any such lighting shall be located,
oriented and shielded so as not to adversely affect adjacent properties.
SECTION 13
REFUSE COLLECTION AND STORAGE
13.1
Refuse and garbage shall be kept in a suitably-sized enclosure for each use within each land use
district.
13.2
Refuse and garbage areas shall be effectively screened until such time as disposal is possible.
13.3
All refuse on any construction site shall be properly screened or placed in an approved enclosure
until removed for disposal.
SECTION 14
SERVICING
14.1
All development shall be required to connect to both the municipal water supply and sewerage
system where the municipal services are, in the opinion of the Municipal Planning Commission,
reasonably available.
14.2
Where no municipal servicing is reasonably available, development approval shall be subject to
compliance with Alberta Health Services and Municipal Affairs standards for unserviced parcels.
Prior to development approval, the applicant shall be required to submit a soils analysis/
percolation tests and report to demonstrate the suitability of the site for on-site private disposal.
SECTION 15
DEMOLITION
15.1
No person shall commence or cause to be commenced the removal, relocation, or demolition of
any building or structure, or portion thereof, unless a removal, relocation or demolition permit has
first been obtained from the municipality.
SECTION 16
OFF-STREET PARKING AREA REQUIREMENTS
16.1.
Minimum Parking Space Size: 9 feet (2.7 m) wide
20 feet (6.1 m) long
16.2
Parking areas shall be accessible and laid out and delineated in a manner which will provide for
orderly parking.
16.3
Parking areas shall be constructed in a manner which will permit adequate drainage, snow
removal, and maintenance.
16.4
The Municipal Planning Commission will require that parking areas or portions thereof be paved.
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Schedule 4 | 7
16.5
All parking spaces provided shall be on the same lot as the building or use, except that the
Municipal Planning Commission if determined impractical to provide parking on the same lot with
the building or use.
16.6
The following shall be used to calculate the off-street parking spaces required for a proposed
development. Calculation of parking requirements resulting in a fractional number shall be
rounded to the next highest number.
Use
No. of Stalls Required
Dwelling
2 per dwelling unit
All other residential uses
As required by the MUNICIPAL PLANNING COMMISSION
Retail stores and personal service shops
1 per 55.7 m2 (600 ft2) of gross floor area
Banks and offices
1 per 65.0 m2 (700 ft2) of gross floor area
Service stations
1 per employee and 2 per service bay
Motels
1 per guest room
Restaurants and cafes
1 per 4 seating spaces
All other uses
As required by the MUNICIPAL PLANNING COMMISSION
SECTION 17
PARKING AND LOADING AREA REQUIREMENTS
17.1
Minimum Loading Space Size: 3.0 m (10 feet) wide
9.1 m (30 feet) long
27.9 m2 (300 sq. ft.) area
4.3 m (14 feet) overhead clearance
17.2
The Development Officer or Municipal Planning Commission may require that off-street loading
areas be provided in the General Commercial / Residential - C1 Land Use District.
17.3
All loading areas shall provide a doorway into a building sufficient to meet the needs of the use
within the building. Each loading area shall be designed in such a manner that it will not interfere
with convenient and safe pedestrian movement, traffic flow, or parking.
Schedule 5
USE SPECIFIC STANDARDS OF
DEVELOPMENT
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Schedule 5 | 1
Schedule 5
USE SPECIFIC STANDARDS OF DEVELOPMENT
The standards in this schedule establish additional requirements for specific uses or structures. The General
Standards of Development in Schedule 4 and the requirements of the applicable land use district also apply unless
otherwise stated.
SECTION 1
ACCESSORY DWELLING UNITS
1.1
Only one (1) secondary suite or backyard suite may be developed per parcel.
1.2
Backyard suites and secondary suites shall not be subject to separation from the principal dwelling
through a condominium conversion or subdivision.
1..3
The minimum floor area for a backyard suite or secondary suite shall not be less than 30.2 m² (325
ft²).
1.4
Backyard suites and secondary suites shall provide parking stalls 2 parking stalls. Access to the
parking area shall be to the satisfaction of the Development Authority.
1.5
Backyard suites and secondary suites shall have full utility services through service connections
from the principal dwelling unit at the cost of the property owner.
1.6
Development of a backyard suite or secondary suite shall adhere to the Alberta Building Code and
Alberta Fire Code as a condition of approval.
Backyard Suite Requirements
1.7
A backyard suite shall be situated no closer than 3.1 m (10 ft) from the principal dwelling and shall
not be located in the front yard.
1.8
If a backyard suite is part of a garage, the entrance to the suite shall be separate from the entrance
to the garage, either from a common indoor landing or from the exterior of the structure.
1.9
A servicing plan shall be submitted with a development permit application for a backyard suite
showing how the services are connected to the principal dwelling to the satisfaction of the
Development Authority.
Example of Backyard suite
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Land Use Bylaw No. 2024-274
Secondary Suite Requirements
1.10
A secondary suite shall have cooking facilities, food preparation area, sleeping and sanitary
facilities, which are physically separate from those of the principal dwelling within the structure. A
secondary suite shall also have an entrance separate from the entrance to the principal dwelling,
either from a common indoor landing or directly from the side or rear of the structure.
1.11
The maximum floor area of the secondary suite shall be as follows:
(a) in the case of a secondary suite located completely below the first storey of a single-unit,
dwelling (other than stairways or a common landing), the floor area (excluding the area
covered by stairways) shall not exceed the floor area of the first storey of the associated
principal dwelling;
(b)
in the case of a secondary suite developed completely or partially above grade, the floor area
(excluding the area covered by stairways) shall not exceed 40 percent of the total floor area
above grade of the building containing the associated principal dwelling, or 70.0 m² (753.5
ft2), whichever is the lesser.
1.12
A secondary suite shall not be developed within the same principal dwelling containing a home
occupation, unless it is proven to the satisfaction of the Municipal Planning Commission that the
amount of traffic generated is limited and adequate parking is available without adversely affecting
the neighborhood.
1.13
A secondary suite shall be developed in such a manner that the exterior of the principal building
containing the secondary suite shall appear as a single dwelling.
Example of Secondary Suite
SECTION 2
ALTERNATIVE ENERGY - SOLAR
2.1
A solar collector system attached a roof of a building in any land use district may be permitted
subject to the following:
(a)
may project a maximum of 0.5 m (20 inches) from the surface of the roof and shall not exceed
the maximum height requirements of the applicable land use district; and
(b)
must not extend beyond the outermost edge of the roof.
2.2
A free-standing solar collector or a solar collector mounted to any structure other than a roof or
wall of a building shall be classified as an accessory use and processed subject to the applicable
land use district and the following additional standards:
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Schedule 5 | 3
(a)
must be located such that it does not create undue glare on neighbouring property or public
roadways; and
(b)
must not exceed 2.4 m (8 ft) in height above existing grade.
SECTION 3
CANNABIS RETAIL STORE
3.1
A cannabis retail store shall not be approved if any portion of an exterior wall of the store is located
within 400 m (1312 ft) of:
(a)
the boundary of a parcel of land on which a provincial health care facility is located;
(b)
the boundary of a parcel of land containing a school and school grounds/sports fields (public
or private);
(c)
the boundary of a parcel of land that is Development as school reserve (SR) or municipal and
school reserve (MSR) under the Municipal Government Act; or
(d)
the boundary of a parcel of land developed for a playground on lands not developed as
municipal reserve but owned by the municipality.
3.2
A cannabis retail store shall not be approved if any portion of the exterior wall of the store is
located within 400 m (1312 ft) of another cannabis retail store (measured to the exterior wall).
SECTION 4
CHILD CARE FACILITY
4.1
If determined by the Development Officer, prior to the Municipal Planning Commission meeting,
the applicant for a child care facility may be required to meet and consult with all adjacent land
owners in the vicinity of where the use is proposed.
4.2
In any residential district, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
4.3
Signage for childcare facilities must comply with the following:
(a)
a maximum of one sign;
(b)
sign must be no greater than 0.7 m2 (8 ft2) in size; and
(c)
sign must be located in the structure window.
Request for more than one sign or a sign greater than 0.7 m2 (8 ft2) requires a separate
development permit application.
4.4
The use shall not generate traffic problems within the district.
4.5
The use requires a minimum of one on-site parking space per employee at any given time and a
minimum of one on-site pick-up and drop-off space for every 10 children. The location of
passenger loading zones for childcare facilities may be specified by condition of a development
permit.
4.6
Any outdoor play areas must have screening to the satisfaction of the Municipal Planning
Commission.
4.7
All applications for childcare facilities shall, as a condition of approval, obtain the necessary
approvals required from regulatory agencies.
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SECTION 5
DWELLING GROUP
5.1
Design of the dwelling group shall consider the height, building design and nature of surrounding
residential development.
5.2
The arrangement of the structures in a dwelling group is subject to the approval of the Municipal
Planning Commission and the requirements of the Alberta Building Code, as amended.
5.3
A minimum 1.5 m (5 ft) wide landscaped buffer strip is required between the parking lot and an
adjacent residential lot. The Development Authority, depending on the intensity of the
development, may increase the minimum required width of the landscaped buffer strip.
5.4
The Development Authority may regulate the maximum density of apartments and multi-unit
dwellings within a block or subdivision based on the policies of the Municipal Development Plan
and consideration of:
(a)
density of existing development within the block;
(b)
adequacy and proximity of community facilities such as schools, shopping, recreational
facilities and open space;
(c)
adequacy of utilities to accommodate the proposed use;
(d)
impacts on future land uses and the street system; and
(e)
any other matters deemed pertinent by the Development Authority.
SECTION 6
HOME OCCUPATIONS
6.1
For the purpose of this bylaw, the following classes shall be used to distinguish various home
occupations:
(a) Home Occupation, minor involves the establishment of an in-home office, phone and no
more than one commercial vehicle, and may include one or more of the following:
(i) an exterior identification sign,
(ii) an in-home retail sales area,
(iii) a maximum of 3 clients visits per day.
(b) Home Occupation, major involves any non-residential activities which originate from a
dwelling, an attached or unattached accessory building which include the manufacturing,
processing, assembly, packaging, storage, warehousing, shipping, wholesale distribution
and/or retail sales of goods or services which provided from the residential property.
(c)
Where any doubt arises in determining the home occupation classification, the matter may
be referred to the Municipal Planning Commission for clarification and whose decision shall
prevail.
6.2
The following standards apply to both Home Occupation Minor and Major:
(a)
The business operator must be a full-time resident of the home.
(b)
No variation in the residential character and appearance of the dwelling, accessory building,
or land shall be permitted.
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(c)
The use shall not generate more vehicular or pedestrian traffic and vehicular parking than
normal within the district.
(d)
No commercial vehicle of a capacity greater than 907 kg (1 ton) shall be parked or maintained
on a public road right-of-way or lane.
(e)
No offensive noise, vibration, electrical interference, smoke, dust, odours, heat or glare shall
be produced by the use.
(f)
No use shall cause an increase in the demand placed on any one or more utilities (water,
sewer, garbage, etc.) such that the combined total consumption for a dwelling and its home
occupation exceed the normal demand for residences in the area.
(g)
No use requiring electrical or mechanical equipment shall cause a fire rating change in the
structure or the district in which the home occupation is located.
(h)
The approved use shall be valid only for the period of time the property is occupied by the
applicant for such approved use.
(i)
All permits issued for home occupations shall be subject to the conditions that the permit
may be revoked at any time, if, in the opinion of the Municipal Planning Commission, the use
is or has become detrimental to the residential character or the amenities of the
neighbourhood.
(j)
Home occupations shall not include:
(i)
activities that use or store hazardous materials;
(ii)
any use that would, in the opinion of the Municipal Planning Commission, materially
interfere with or affect the use, enjoyment or value of neighbouring properties;
(iii) any use declared by resolution of Council to be undesirable as a home occupation.
(k)
Only one home occupation shall be permitted per parcel.
(l)
Signage advertising a Home Occupation is limited to one sign located in the structure window
up to a maximum of 0.4 m2 (4 ft2) in size.
6.3
In addition to the general standards, the following standards shall apply to Home Occupation
Major permits:
(a)
A maximum of one non-resident employee is allowed. For the purposes of this provision, a
non-resident employee is someone who does not live at the home.
(b)
Outdoor storage shall be screened from adjacent properties and the public view.
(c)
Customer and employee parking, in addition to the parking requirements for residential use,
may be required.
(d)
The number of customer visits and hours of operation may be limited by the Municipal
Planning Commission to minimize impacts on surrounding residential uses.
(e)
The home occupation shall not be permitted if, in the opinion of the Municipal Planning
Commission, the use would be more appropriately located within a commercial or industrial
district.
SECTION 7
MOVED IN DWELLINGS
7.1
For the purpose of this bylaw, the following classes shall be used to distinguish various dwelling
types that are not constructed on site.
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Manufactured Homes Standards
7.2
The following criteria applies to eligible manufactured homes:
(a)
New factory-built units.
(b)
Used factory-built units in a good state of repair (to the satisfaction of the Municipal Planning
Commission). Any application for a development permit to locate a used manufactured
home shall include recent colour photographs of all elevations including additions; and may
require a personal inspection by the Development Officer to determine the unit's suitability.
(c)
Canadian Standards Association (CSA) certified units or units bearing the Alberta Building
Label (CSA A-277 or Z-240 building labels).
7.3
The Development Officer or Subdivision and Development Authority may require a bond or
irrevocable letter of credit of a minimum $5000.00 to a maximum value of up to 50 percent of the
assessed value of the building to ensure the conditions of the development permit for a principal
building are met.
7.4
All single-wide manufactured homes shall be skirted with compatible materials and satisfactorily
enclosed to the satisfaction of the Development Officer.
7.5
All manufactured home additions shall be of a design and finish which will complement the unit.
7.6
The wheels, hitches and other running gear shall be removed from a manufactured home
immediately after the placement of the home.
7.7
The yard area of each lot shall be developed and landscaped.
Modular Homes Standards
7.8
The approval authority shall issue a development permit for a modular or ready-to-move (RTM)
home provided that:
(a)
the dwelling is a factory-built unit that meets the manufactured housing industry and CSA
standards and the building code;
(b)
the dwelling is securely fastened and placed on a basement/slab or other acceptable
foundation;
(c)
the minimum roof pitch shall not be less than a 4/12 pitch;
(d)
the minimum floor area of the principal dwelling not including attached garage shall not be
less than 92.9 m2 (1000 ft2);
(e)
the dwelling shall be a minimum 7.3 m (24 ft) in width and not greater than 20.0 m (66 ft) in
length;
(f)
the unit is CSA certified (meets CSA A-277 Standards) and will meet all safety code
requirements;
(g)
the design, character, and appearance (including roof lines/material and exterior finish) of
modular homes shall be consistent with the purpose of the district in which the building is
located and shall take into account any other buildings existing in the vicinity;
(h)
at the discretion of the Development Officer or the Municipal Planning Commission, the
exterior finish, colour and roofing material may be stipulated as a condition of approval;
(i)
the dwelling shall conform to any architectural controls that may apply.
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Schedule 5 | 7
7.9
As a condition of approval, the Municipal Planning Commission, at their discretion, may place other
conditions on a development permit including the requirement that the developer provide
landscaping, fencing, address drainage issues, or other such matters it considers necessary if, in
his or its opinion, they would serve to improve the quality or compatibility of any proposed
development.
7.10
The Municipal Planning Commission may require a bond or irrevocable letter of credit of a
minimum $5000.00 to a maximum value of up to 50 percent of the assessed value of the building
to ensure the conditions of the development permit for a principal building are met.
Previously Occupied Dwellings
7.11
The building and the land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular land use district set out in the Land Use Bylaw.
7.12
The quality of the completed building shall be at least equal to or better than the quality of the
other buildings in the area.
7.13
The requirements of the building shall be established by the Municipal Planning Commission at the
time of approval of the application and shall form a part of the conditions of the development
permit.
7.14
A report by a certified building inspector regarding each application may be required to be filed
before any such application shall be considered.
7.15
A limit of the time of completion and full compliance with all stipulated requirements shall be
established by the Municipal Planning Commission at the time of the approval of the application.
7.16
The application should be accompanied by recent colour photographs of all elevations of the
previously occupied dwelling to be moved.
7.17
The Municipal Planning Commission may require a minimum of $5,000 in cash to ensure the
conditions of the development permit are met. If the cost to complete the work in the conditions
of approval is greater than the cash deposit, construction may be completed by the Village and
additional costs may be charged against the property taxes.
Ready-to-Move Homes Standards
7.8
The approval authority shall issue a development permit for a ready-to-move (RTM) home
provided that:
(a)
the dwelling is securely fastened and placed on a basement/slab or other acceptable
foundation;
(b)
the minimum roof pitch shall not be less than a 4/12 pitch;
(c)
the minimum floor area of the principal dwelling not including attached garage shall not be
less than 92.9 m2 (1000 ft2).
SECTION 8
MOVED IN BUILDINGS
8.1
The building and the land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular land use district set out in the Land Use Bylaw.
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Land Use Bylaw No. 2024-274
8.2
The building shall comply with all provincial and municipal health and fire regulations prior to
occupancy and release of cash deposit.
8.3
The quality of the completed building shall be at least equal to or better than the quality of the
other buildings in the area.
8.4
A report by a certified building inspector regarding each application may be required to be filed
before any such application shall be considered.
8.5
The application should be accompanied by recent colour photographs of all elevations of the
moved-in building.
8.6
The Development Officer or Municipal Planning Commission may require a minimum of $5,000 in
cash to ensure the conditions of the development permit are met. If the cost to complete the work
in the conditions of approval is greater than the cash deposit, construction may be completed by
the Village and additional costs may be charged against the property taxes.
8.7
Return of the posted bond is contingent on the Development Officer verifying the completion of
all the conditions of this schedule and the development permit.
SECTION 9
SHIPPING CONTAINERS
9.1
An application for a development permit for all permanent shipping container(s) must be
completed and submitted to the Development Officer along with the appropriate application fee.
At least two recent colour photographs of the container(s) (one end view and one side view) must
accompany the application.
9.2
There shall be a primary use on the property where the shipping container is proposed.
9.3
The front, rear and side setback requirements shall be regulated by the Development Authority as
per the accessory building requirements in the applicable land use district.
9.4
The maximum number of shipping containers permitted on a lot may be regulated by the
Development Authority.
9.5
The Development Authority may require as a condition of approval that any shipping container be
sandblasted and/or painted to the satisfaction of the Development Authority.
9.6
The Development Authority may require as a condition of approval that any shipping container be
screened from view or landscaped to make it aesthetically pleasing.
9.7
The exterior of all shipping containers must be kept clean and regularly painted.
9.8
Shipping containers shall not display advertising, company logos, names or other marketing
without an approved sign permit.
9.9
The Development Authority may require as a condition of approval the posting of a bond or a
security guaranteeing compliance with the conditions of the permit.
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Schedule 5 | 9
Shipping Container Placed on a Parcel for Construction Purposes
9.10
A shipping container may be placed temporarily for a period of up to 6 months within a residential
land use district and must obtain a development permit subject to the following provisions:
(a)
the shipping container is needed in connection with construction of a development for which
a development permit has been issued or for the purposes of temporary storage due to a
natural disaster;
(b)
the construction site is active (i.e. construction has commenced and is on-going or is about
to commence within one week); placement of a shipping container on an inactive
construction site is not permitted;
(c)
no more than one shipping container is placed on the construction site (a development
permit is required for additional shipping containers on a construction site);
(d)
the exterior of the shipping container is kept clean and does not display any advertising other
than the company owner's logo or trademark;
(e)
the shipping container shall be removed immediately upon completion of construction or
sooner as may be required by the Development Authority;
(f)
the shipping container shall be placed a minimum of 3 m (10 ft) from the front property line
and 1.5 m (5 ft) from the side property line.
SECTION 10
SIGNS
10.1
Sign and billboards shall be prohibited except for signs advertising the principal use of the premises
or the principal products offered for sale on the premises, unless otherwise approved or exempted
by the Municipal Planning Commission.
10.2
Lawn, fascia and freestanding signs only shall be permitted subject to the following limitations:
(a)
Not more than two signs shall be permitted on the premises of a conforming use.
(b)
No sign shall be in excess of 1.8 m2 (20 ft2) in area, but the areas of the two permitted signs
may be combined and the total area shall not exceed 1.8 m2 (20 ft2). Each sign may be double-
faced.
(c)
No sign shall be illuminated unless the source of light is steady and suitably shielded.
(d)
No advertisement or commercial sign shall be attached to fences, poles or trees or allowed
to stand in a public place or on public property.
(e)
The maximum height of any freestanding sign shall be 6.1 m (20 ft).
(f)
The maximum height of any lawn sign shall be 1.5 m (5 ft).
(g)
The location of any sign shall be such that it does not become a visual obstruction to traffic
(see Schedule 4) or interfere with any authorized traffic control device.
10.3
Directional and informational signs may be permitted if warranted by the merits of each case.
10.4
Variances may be considered by the Municipal Planning Commission in exceptional circumstances
if warranted by the merits of each case.
10.5
All signs shall be maintained in a safe and tidy manner to the satisfaction of the Municipal Planning
Commission.
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Land Use Bylaw No. 2024-274
10.6
Portable signs only shall be permitted subject to the following limitations:
(a)
All portable signs require a development permit but may be allowed without a permit for the
announcement of special events, sales, or circumstances where a sign is needed for short
specified time periods at the discretion of the Development Authority.
(b)
Portable signs projected using animation, digital or electronic changeable copy shall be at the
discretion of the Municipal Planning Commission.
(c)
A development permit for a portable sign will be valid for a period of no longer than 60 days.
(d)
Once the permit has expired for a portable sign at a location address, application for another
portable sign on the same site shall not occur until 30 days has elapsed from the expiration
of the previously approved permit or 30 days from the date at which the portable sign is
removed, whichever is the later of the two dates.
(e)
Portable signs shall not be allowed in any residential land use district unless placed on Village
boulevards and permission has been obtained from the Development Authority.
(f)
No more than one portable sign per business frontage or where there are two (2) or more
frontages, a total of two (2) portable signs may be located on a single lot or premises, except
in a Development tourism signage area where more than two (2) portable signs may be
located at the discretion of the Municipal Planning Commission.
(g)
No portable sign (including electrical cords) shall be placed on or extend over or project into
any municipal property or beyond the boundaries of the private lot or premises upon which
it is sited without the written authorization of the Development Authority.
(h)
All portable signs shall be located within the property lines of the location address shown on
the development permit application.
(i)
The proposed advertising copy and/or business shall be indicated at the time of the
development permit application.
(j)
The Development Authority may require the posting of a security with the Village to ensure
compliance with any and all conditions of approval and the removal of the sign on or before
the date of expiry of the permit.
(k)
A portable sign shall not be allowed to locate or remain on a site without a development
permit, whether the sign displays any advertising or not.
(l)
The Development Authority must only approve the location of the portable sign on the
premises after having given due consideration for the location of power supply, sight lines
visibility, parking pattern on the site and/or any other site specific development constraints
that the Development Authority considers relevant.
SECTION 11
TOURIST HOMES
A tourist home means a dwelling unit operated as an accommodation unit, occupied by a guest or guests for a period
of less than 28 days.
11.1
Tourist homes are prohibited in residential districts except where they are expressly listed as a
discretionary use.
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Schedule 5 | 11
11.2
Where approved, tourist homes shall be developed and operated in accordance with the following
regulations in order to ensure that the impacts of this commercial use do not unduly affect the
amenities of the residential neighbourhood in which they are located:
(a)
The maximum number of bedrooms in a dwelling unit used for a tourist home shall be four,
with maximum of eight 'pillows' (guests).
(b)
Tourist homes require a development permit. A permit may be revoked at any time if, in the
opinion of a designated officer, the operator has violated any provision of this bylaw or the
conditions of a permit.
(c)
Tourist homes shall not interfere with the rights of other residents to quiet enjoyment of a
residential neighbourhood.
11.3
The operator of the tourist home shall:
(a)
keep and maintain, or have kept and maintained by a company or individual identified in the
development permit application, a guest register that shall be reasonably available for
inspection by designated officer;
(b)
provide one hard surfaced, on-site parking stall per bedroom. Parking stalls shall not be
tandem;
(c)
not display any form of advertising related to the tourist home except as provided for in this
bylaw and until after a development permit is issued;
(d)
ensure that all parts of the dwelling conforms to the Alberta Safety Code.
Schedule 6
DEFINITIONS
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Schedule 6 | 1
Schedule 6
DEFINITIONS
In this bylaw, words importing the singular number of the masculine gender may include the plural number of the
masculine gender, the singular number or plural number of the feminine gender, or may also refer to corporate
bodies, and the context requires.
|A
ACCESSORY BUILDING means any building that is physically separate from the principal building on the lot on which
both are located and which is subordinate and incidental to that of the principal building. The use is subordinate
and incidental to that of the principal use of the site on which it is located, and examples of a typical accessory
building is a private garage or shed. No accessory building shall be used for human habitation.
ACCESSORY DWELLING UNIT means a dwelling unit that is secondary to a principal single-detached dwelling located
on the same lot. For the purposes of this bylaw, accessory dwelling units are represented by two (2) separate uses:
secondary suites and backyard suites.
ACCESSORY STRUCTURE means a structure that is detached from the principal building. It is ancillary, incidental,
and subordinate to the principal building or use. Typical accessory structures include flagpoles, swimming pools,
and storage tanks. When a structure is attached to the principal building by a roof, a floor, a wall, or a foundation,
either above or below grade, it is considered part of the principal building. No accessory structure shall be used for
human habitation.
ACCESSORY USE means a use or development customarily incidental and subordinate to the principal use or building
and is located on the same parcel as such principal use or building. A principal use must be legally established or
approved before an accessory use can be approved.
ADDITION means construction that increases the footprint of an existing building or structure on the parcel of land.
Typically there will be a common connection from the existing building to the addition that includes a foundation of
some type beneath the addition.
AGRICULTURAL BUILDING means a structure associated with and generally essential to an agricultural operation.
Such structures or facilities may include, but are not limited to, the following: machine sheds, storage sheds,
granaries, grain bins, silos, animal housing and/or feeding facilities, repair shops, corrals, pens, and other ancillary
farm structures.
ALTERNATIVE ENERGY means energy that is renewable or sustainable that is generally derived from natural sources
(for example, the earth, sun, wind, water) and is energy produced is primarily for consumption by the landowner,
resident or occupant.
AMUSEMENT FACILITY means development for amusement pastimes, and may incorporate eating facilities as an
accessory use. Such uses may include, but are not limited to, amusement arcades, billiard and bingo halls, bowling
alleys and indoor mini-golf.
ANIMAL CARE SERVICE, SMALL means development for the on-site treatment and/or grooming of small animals
such as household pets, where on-site accommodation may be provided and where all care and confinement
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facilities are enclosed within one particular building. This use may also include the supplementary sale of associated
animal products. Typically, this use will include pet grooming salons, pet clinics and veterinary offices.
AUCTIONEERING FACILITY means any facility where animals or goods are regularly bought, sold, or traded to the
highest bidder. The facility may also include holding pens and viewing areas, transport facilities, spectator seating,
and administrative offices. This definition does not apply to individual sales of animals or goods by private owners.
AUTO BODY AND PAINT SHOP means a building where motor vehicles are repaired and also where motor vehicle
bodies and parts, and other metal machines, components, or objects may be painted. Painting of this type shall not
be done outdoors, but must be set up in a properly ventilated building. This use may also include an outdoor storage
area and an office component. Also see SANDBLASTING FACILITIES.
AUTO SALES AND SERVICE means the retail sale, lease, or rental of new or used automobiles and/or recreational
vehicles and/or a facility for the repair and servicing of automobiles and/or recreational vehicles including, but not
limited to, mufflers, oil changes, transmissions, engine replacement, glass repair and auto detailing. Such facilities
do not include the sale of gas but may include towing services as an accessory use.
AUTO WRECKAGE AND SALVAGE YARD means a facility or operation specifically intended for the dismantling of
automotive vehicles and the sale of those parts to the general public. Such a facility may include an administrative
office, work areas, and outdoor storage. The parcel of land on which the facility exists must be completely fenced
according to Village standards.
|B
BED AND BREAKFAST means an accessory use carried out in an owner-occupied dwelling where temporary
accommodation is provided to non-residents of the dwelling for remuneration, and where meals, if provided for
guests, are prepared in the common kitchen of the principal residence.
BUILDING AND TRADE CONTRACTORS means a facility for the provision of electrical, plumbing, heating, painting
and similar contractor services primarily to individual households and the accessory sale of goods normally
associated with such contractor services where all materials are kept within an enclosed building, and where there
are no associated manufacturing activities.
BULK FUEL STATION means a use of land or buildings for storing and distributing petroleum products in bulk
quantities. This use includes supplementary tanker vehicle storage and card lock or key lock fuel distribution
facilities.
BUSINESS means a commercial, merchandising, or industrial activity or undertaking, a profession, trade, occupation,
calling or employment or an activity providing goods or services, whether or not for profit and however organized
or formed, including a cooperative or association of persons.
|C
CAMPGROUND means a use where Recreational Vehicles, tents or similar short-term accommodations, are used for
recreation, and is not normally used as year-round vehicle storage or as permanent dwellings.
CARPORT means a roofed, partially enclosed structure intended for the shelter of one or more motor vehicles.
Land Use Bylaw No. 2024-274
Schedule 6 | 3
CAR WASH means the use of a structure or area providing for the cleaning of motor vehicles but does not include
SERVICE STATIONS.
CHILDCARE FACILITY means a building or portion thereof used for the provision of care, maintenance and
supervision of seven or more children, by persons unrelated to the children by blood or marriage, for periods not
exceeding 24 consecutive hours and includes all child-care centres, day cares, day homes, nurseries and after-school
or baby-sitting programs which meet the conditions of this definition.
CHURCH means a building or facility whose primary purpose is to facilitate meetings of a group of people for public
worship or religious services.
CLUB OR FRATERNAL ORGANIZATION means a development for the assembly of members of non-profit clubs or
organizations, including charitable, social service, ethnic, athletic, business or fraternal organizations. This use may
include eating, drinking, entertainment, sports, recreation and amusement facilities as accessory uses but
"campground" is a separate use.
COMMERCIAL ESTABLISHMENT means the use of land and/or building for the purpose of display, storage, and sale
of goods and/or services to the general public. Any on-site manufacturing, processing or refining of goods shall be
incidental to the sales operation. If outdoor storage or display is required for the operation, the parcel shall be
completely fenced according to Village standards.
COMMERCIAL VEHICLE means a motor vehicle used in the operation of a commercial business or home occupation
operation for the transport of goods and/or equipment incidental to the operation of the business. Typically the
vehicle will have a commercial license plate and an identifiable logo design on it.
COMMUNITY HALL means a facility or building whose primary purpose is to accommodate use by community
group(s). The structure may include such features as meeting rooms, kitchen, stage and open floor area, bar/liquor
area, multi-purpose rooms, washrooms, coat room, storage room(s) and administrative offices. Exterior uses may
include parking, playground areas, outdoor shelters, and sitting areas.
CONTRACTOR, GENERAL means development used for industrial service support and construction. Typical uses
include cleaning and maintenance contractors, building construction, landscaping, concrete, electrical, excavation,
drilling heating, plumbing, paving, road construction, sewer or similar services of a construction nature which require
on-site storage space for materials, construction equipment or vehicles normally associated with the contractor
service. Any sales, display, office or technical support service areas shall be accessory to the principal general
contractor use.
CONTRACTOR, LIMITED means a development used for the provision of electrical, plumbing, heating, painting,
catering and similar contractor services primarily to individual household and the accessory sales of goods normally
associated with the contractor services where all material are kept within an enclosed building, and there are no
accessory manufacture activities or fleet storage of more than four vehicles.
CONVENIENCE STORE means a retail store that sells a limited line of groceries and household goods for the
convenience of the neighbourhood.
CRYPTOCURRENCY MINING OPERATION means a heavy industrial facility consisting of a building or group of
buildings housing powerful, highly specialized computers that are used to verify digital transactions and require 24/7
climate control. This use may include an on-site power plant.
Schedule 6 | 4
Land Use Bylaw No. 2024-274
CULTIVATION OF LAND means the commercial agricultural production of field crops and the associated crop
preparation and harvesting activities including mechanical soil preparation, irrigation system operation, and
spraying.
|D
DAY HOME means a private residence where care, development and supervision are provided for a maximum of six
children between the ages of 0-12 years, by persons unrelated to the children by blood or marriage, including
children under the age of 12 who reside in the home, for periods not exceeding 24 consecutive hours.
DECK means a paved, wooden, or other hard-surfaced area generally adjoining a principal building intended for
outdoor living space that is 0.6 m (2 ft) or greater above grade.
DETACHED GARAGE means an accessory building designed and used primarily for the storage of motor vehicles that
is not attached or is separate from the principal building.
DWELLING, SINGLE UNIT means a building or portion thereof designed for human habitation and which is intended
to be used as a residence for one or more individuals containing only one dwelling unit built on site but does not
include travel trailers, motor homes, recreational vehicles, or other mobile living units, hotel, motel, dormitory,
boarding house, or other similar accommodation.
DWELLING, MULTI-UNIT means a building or portion thereof designed for human habitation and which is intended
to be used as a residence for one or more individuals but does not include travel trailers, motor homes, recreational
vehicles, or other mobile living units, hotel, motel, dormitory, boarding house, or other similar accommodation.
Dwelling, multi-unit includes:
Two-unit dwelling means a residential building that contains two separate dwelling units connected either by
a common floor/ceiling, or by a common wall (party wall) between units.
Three-unit dwelling means a residential building comprised of three dwelling units, each unit having a
separate, direct entrance from grade or a landscaped area. Each dwelling unit will be connected either by a
common floor/ceiling, or by a common wall (party wall) between units.
Four-unit dwelling means a residential building comprised of four dwelling units, each unit having a separate,
direct entrance from grade or a landscaped area. Each dwelling unit will be connected either by a common
floor/ceiling, or by a common wall (party wall) between units.
Apartment building means a structure with several self-contained dwellings, each of which occupies a portion
of the same building. Such a building will typically consist of five or more apartments for rent including an area
for tenant and visitor parking and have a common entrance.
Row dwelling means development consisting of a building containing a row of four or more dwelling units each
sharing a common wall extending from the first floor to the roof, at the side only with no dwelling being place
over another in whole or in part. Each dwelling unit shall have separate, individual, and direct access to the
building at grade.
DWELLING, MOVED-IN means any new or used dwelling that is constructed off-site and moved from one parcel and
transported to another parcel and which is intended to be used as a residence for one or more individuals but does
Land Use Bylaw No. 2024-274
Schedule 6 | 5
not include travel trailers, motor homes, recreational vehicles, or other mobile living units, hotel, motel, dormitory,
boarding house, or other similar accommodation. Dwelling, moved-in includes:
Modular home means a dwelling unit built at an off-site manufacturing facility in conformance with CSA
standards designed in two or more modules or sections. The dwelling is transported by transport trailer in
sections and delivered to the site where it is assembled and placed on an approved foundation.
Moved-In dwelling means a previously existing, established and occupied dwelling, which is removed from one
site and then transported and re-established on another site.
Manufactured home means a completely self-contained dwelling unit, designed and constructed entirely
within a factory setting. Typically it is transported to a site in not more than one piece on its own chassis and
wheel system or on a flatbed truck.
Ready-to-move (RTM) means a dwelling unit that would normally be constructed on the site intended for
occupancy, but for various reasons, is constructed at an off-site manufacturing facility, construction site, plant
site or building yard. It is then loaded and transported as a single unit onto the proper moving equipment and
delivered to the site intended for occupancy and placed on a concrete slab or basement or other approved
foundation.
|E
ENTERTAINMENT ESTABLISHMENT means an establishment such as a theatre, auditorium, lounge or cabaret
providing dramatic, musical or other entertainment indoors or outdoors and may include facilities for supplementary
food and beverage consumption.
EQUIPMENT SALES, RENTAL AND SERVICE means the use of land or buildings for the retail sale, wholesale
distribution, rental and/or service of: hand tools, small construction, farming, gardening and automotive equipment,
small machinery parts and office machinery and equipment.
EXHIBITION CENTRE means the use of land or building, public or private, for temporary events including seasonal
shows, conventions, conferences, seminars, product displays or sale of goods, recreation activities, and
entertainment functions. This use may include accessory functions including food and beverage preparation and
service for on-premise consumption.
|F
FARMER'S MARKET means the use of land or buildings where fresh farm or garden produce is sold in retail or
wholesale setting and where goods are typically displayed in bulk bins or stalls for customer selection. This use
includes vendors of fruit, vegetables, meat products, baked goods, dry goods, spices and non-food products such as
handicrafts, provided that the sale of fresh food products remains the primary function.
FENCE means a structure usually made of wood, rails, bricks or wire intended to mark parcel boundaries and provide
yard privacy.
FITNESS FACILITY means a development where space, equipment or instruction is provided for people to pursue
physical fitness or skills relating to physical activities and may include the incidental sale of products relating to the
service provided.
Schedule 6 | 6
Land Use Bylaw No. 2024-274
FUNERAL FACILITY means a commercial operation for the preparation of the deceased for burial or cremation, and
for holding funeral services and may incorporate a crematorium and/or a columbarium within the building.
|G
GARAGE means an accessory private residential building or part of the principal residence, designed and used
primarily for the storage of motor vehicles.
GARDEN CENTRE OR GREENHOUSE means a building specially designed and used for the commercial growing of
vegetables, flowers or other plants for transplanting or sale. The use may include accessory retail uses on the
premises.
GARDEN SHED means an accessory structure to store household and garden equipment and supplies that is not
more than 9.29 m2 (100 ft2) in size.
GENERAL WAREHOUSING AND STORAGE means a building used for the storage of goods and merchandise. The
building may include administrative offices, loading areas, parking areas, storage rooms and the retail sale of goods
stored in the warehouse. No outside storage is permitted with this use.
GOVERNMENT SERVICES means development providing municipal, provincial, or federal government services
directly to the public or the community at large, and includes development required for the public protection of
persons or property.
|H
HOLIDAY TRAILER - see RECREATIONAL VEHICLE
HOME OCCUPATION means an occupation, trade, profession or craft carried on by an occupant of a dwelling unit as
a use secondary to the residential use of the lot, and which does not change the character thereof or have any
exterior evidence of such secondary use.
HOTEL means the use of a building for sleeping accommodations provided for a fee on a daily basis, accessible only
through a central lobby with onsite parking; the building may also contain accessory commercial, and food and
beverage service uses.
|I
INSTITUTIONAL means a use by or for an organization or society for public or social purposes and, without restricting
the generality of the term, includes senior citizen housing, nursing homes, day care centres, places of worship,
museums, libraries, schools, service and fraternal organizations, and government buildings.
Land Use Bylaw No. 2024-274
Schedule 6 | 7
|K
KENNEL means a facility where dogs or cats or other domestic pets are maintained, boarded, bred, trained or cared
for or kept for the purposes of sale but excludes an "animal care service".
|L
LIGHT INDUSTRIAL/MANUFACTURING means development used for manufacturing, fabricating, processing,
assembly, production or packaging of goods or products, as well as administrative offices and warehousing and
wholesale distribution uses which are accessory uses to the above, provided that the use does not generate any
detrimental impact, potential health or safety hazard or any nuisance beyond the boundaries of the developed
portion of the site or lot upon which it is situated.
LIQUOR STORE means a retail establishment licensed under provincial authority for the sale of any or all of beer,
wine, or spirits for consumption off premises. Full walls must physically separate the premises from any other
business.
LUMBER YARD means a commercial operation where lumber, building materials and supplies, and other building-
related goods are stored, displayed and sold.
|M
MACHINERY AND EQUIPMENT SALES, RENTAL, AND SERVICE means a commercial operation where the land and
buildings are used for the sale, service and rental of machinery, vehicles and heavy machinery used in the operation,
construction or maintenance of buildings, roadways, pipelines, oil fields, mining or forestry operations, and in freight
hauling operations. Cleaning, repairing and sale of parts and accessories may be allowed as part of the principal use.
Such a facility may include an administrative office, ancillary structures, outdoor work areas, parking, and outdoor
storage areas.
MARKET GARDEN means the growing of vegetables or fruit for commercial purposes. This use includes an area for
the display and sale of goods or produce grown or raised on site.
MEDICAL/HEALTH FACILITY means a facility for the provision of human health services without overnight
accommodation for patients and may include associated office space. Typical uses include physiotherapy, registered
massage therapy, doctor, dentist, optometrist, and chiropractic offices.
MINI STORAGE means the use of land with compartmentalized buildings or a Development site set up for the
storage of equipment, household or business materials, or vehicles, but excludes storage of hazardous goods or
materials. Accessory to this use is the exterior screened storage of recreational vehicles, boats, trailers and similar
items.
MIXED USE BUILDING means a building used partly for residential and partly for commercial use.
MIXED USE DEVELOPMENT means a parcel of land or building or structures developed for two or more different
uses that may include uses such as residential, office, manufacturing, retail, public or entertainment.
Schedule 6 | 8
Land Use Bylaw No. 2024-274
MOTEL means a building or group of buildings on a site designed and operated to provide temporary
accommodation for transient motorists and contains separate sleeping units, each of which is provided with an
adjoining conveniently located parking stall. The building may also include accessory eating and drinking
establishments and personal service shops.
MOVED-IN BUILDING means a previously used or existing, established and working building, which is removed from
a site, and then transported and re-established on another site.
MUSEUM means a building or site used for the preservation, collection, restoration, display and/or demonstration
of articles of historical significance and may include archival records of a geographic area or of a time period.
|N
NOXIOUS OR HAZARDOUS USES are those land uses which may be detrimental to public health, safety and welfare
because of toxic gases, noxious smells, wastes, noise, dust, vibration or smoke emissions which are incompatible
with residential or other development.
|O
OFFICE means development primarily for the provision of professional, management, administrative, consulting, or
financial services in an office setting. Typical uses include but are not limited to the offices of lawyers, accountants,
travel agents, real estate and insurance firms, planners, clerical and secretarial agencies. This excludes government
services, the servicing and repair of goods, the sale of goods to the customer on the site, and the manufacturing or
handling of a product.
OUTDOOR STORAGE means the use of land with or without attendant buildings for the open, outdoor storage of
equipment, materials or vehicles, or processed or unprocessed resources or materials. For the purposes of this
bylaw, this definition is limited to those uses that require minimal on-site improvements, service and public
amenities or facilities and does not include those goods or materials which are hazardous.
|P
PARKING STALL means a clearly marked and identifiable stall which is accessible on a continuous basis for the parking
of one motor vehicle, either by the general public or employees, and shall not be used for any other purpose which
detracts from the intended use or the accessibility of the stall.
PARK MODEL TRAILER means a recreational vehicle that is either:
(a)
built on a single chassis mounted on wheels designed for infrequent towing by a heavy-duty tow vehicle but
is restricted in size and weight so that it does not require a special highway movement permit and conforms
to the CSA-Z-240 standard for recreational vehicles; or
(b)
a recreational vehicle intended for temporary residence or seasonal use built on a single chassis mounted
on wheels, which may be removed and returned to the factory, requiring a special tow vehicle and highway
permit to move on the road and conforms to the CSA Z-241 standard for recreational vehicles.
Land Use Bylaw No. 2024-274
Schedule 6 | 9
PARKS AND PLAYGROUNDS means land developed for public recreational activities that do not require major
buildings or facilities, and includes picnic areas, playgrounds, pedestrian and bicycle paths, landscaped areas and
associated public washrooms. This may include public open space, which is not in private ownership and is open to
use by the public.
PASTURE means land that is primarily used for the production of adapted, domesticated forage plants for livestock
grazing.
PERSONAL SERVICES means uses that provide personal services to an individual that are related to the care and
appearance of the body or the cleaning and repair of personal effects. Typical uses include but are not limited to
barber shops, beauty salons, hairdressers, manicurists, aestheticians, fitness facility, tailors, dress makers, shoe
repair shops, dry cleaning establishments, and laundries but does not include health services.
PRIVACY WALL AND/OR SCREEN means a structure that provides a screen or visual barrier between a window of a
habitable room or an outdoor area on a lot and an adjoining lot.
|Q
QUONSET means a structure made from metal having a semicircular roof and/or cross section and end walls.
|R
RECREATIONAL VEHICLE / HOLIDAY TRAILER means a transportable living unit, designed to be moved on its own
wheels or by other means (including units permanently mounted on trucks), designed or constructed to be used for
sleeping or living purposes on a short-term, temporary basis. Such living units are subject to highway safety
standards rather than housing standards. Typical units include, but are not limited to motor homes, campers, holiday
trailers, travel trailers, fifth wheel trailers, tent trailers and PARK MODEL TRAILERS. These units are not permitted
as either temporary or permanent DWELLINGS.
RECREATIONAL VEHICLE STORAGE - see OUTDOOR STORAGE
RECREATION, PRIVATE means sports or recreational or retreat activities, use, facilities including associated eating
and retail areas, provided by commercial for-profit and non-profit businesses where the public is admitted for a fee
or where admission is limited to members of an organization or limited group.
RECREATION, PUBLIC means sports or recreational or retreat activities, uses or facilities, including associated eating
and retail areas, for public use which are public-owned or operated.
RECYCLING FACILITY means the use of land or buildings for the purchasing, receiving and/or temporary storage of
discarded and recyclable articles, provided that the use does not generate a detrimental effect or nuisance beyond
the boundaries of the lot or site on which it is situated. Such a facility may include supplementary production of by-
products or materials and includes bottle, can and paper recycling depots.
RESTAURANT means a commercial development where food and beverages are prepared and served. The
development may include supplementary alcoholic beverage service and catering services. This term will include
restaurants, cafes, diners, lunch and tea rooms, ice cream parlors, banquet facilities, and take-out restaurants.
Schedule 6 | 10
Land Use Bylaw No. 2024-274
RETAIL means a commercial premise where goods, merchandise, substances, articles, and other materials, are
offered for sale to the general public and includes limited on-site storage or limited seasonal outdoor sales to support
that store's operations. Typical uses include but are not limited to grocery, bakery, hardware, pharmaceutical,
appliance, clothing, and sporting goods stores. These uses exclude warehouse sales and the sale of gasoline, heavy
agricultural and industrial equipment, alcoholic beverages, or retail stores requiring outdoor storage.
|S
SALES AND/OR RENTALS means the sale or rental of various goods including but not limited to vehicles, construction
equipment, farm equipment or machinery, or recreational vehicles.
SATELLITE DISH means a structure designed specifically to receive television signals.
SCREENING means a fence, wall, berm or hedge used to visually separate areas or functions that detract from the
street or neighbouring land uses.
SENIOR HOUSING means a dwelling unit or accommodation sponsored and administered by any public agency or
any non-profit organization, either of which obtains its financial assistance from federal, provincial, or municipal
governments or agencies or public subscriptions or donation or any combinations thereof. Senior citizen
accommodation may include lounge, dining, health care, and recreation facilities.
SERVICE STATION means any lot or building used for the retail sale of motor accessories, gasoline or other fuels and
the supply of washing, greasing, cleaning and minor repair services for motor vehicles. This use also includes Electric
Vehicle charging stations.
SHIPPING CONTAINER means any container that is or was used for transport of goods by means of rail, truck or by
sea. These are generally referred to as a C-Container, sea cargo container, sea can or cargo container. Such
containers are typically rectangular in shape and are generally made of metal. For the purposes of this bylaw, when
such a container is used for any purpose other than transporting freight, it will be considered as a structure, must
conform to these regulations and may require a permit.
SIGN means any development:
(a)
constructed and permanently affixed directly or indirectly to any building, structure, window or a parcel of
land; and/or
(b)
which is used to advertise, identify or display a commercial or non-commercial activity, product, place,
organization, institution, person, service, event or location, by any means, including words, letters, figures,
design, symbols, fixtures, colours, illumination or projected images and in such a manner as to be visible
from any public place, but does not include any real estate sign, window display, political poster, flags,
graffiti, athletic scoreboards or any traffic or directional and information signage erected by the Village, the
provincial or federal governments and their agencies.
|T
TELECOMMUNICATION ANTENNA means a structure and any associated system, including all masts, towers and
other antenna supporting structures that is used for the transmission, emission or reception of television, radio or
telecommunications.
Land Use Bylaw No. 2024-274
Schedule 6 | 11
TEMPORARY DEVELOPMENT means a development for which a development permit has been issued for a limited
time period.
TOURIST HOME means a dwelling unit that is managed, advertised and leased by an individual or professional
property manager, who uses a system of reservations, deposits and confirmations, collects G.S.T., and accepts credit
cards. The accommodation unit is not leased for more than 28 days at a time.
TRANSPORTATION/DELIVERY SERVICE means development involving the use of one or more vehicles to transport
people, mail, currency, documents, packages and articles for compensation such as a mobile catering service, the
rental or lease of vans and trucks, taxi service, limousine or bus service and may include limited storage and repair
of the vehicles used. This use does not include towing operations.
TRAVEL TRAILER - see RECREATIONAL VEHICLE
TRUCK TRANSPORTATION DISPATCH/DEPOT means a facility for the purpose of storing and/or dispatching trucks,
buses, fleet vehicles, and transport vehicles and may include towing operations. The use may also involve the
transfer of goods primarily involving the loading and unloading of freight-carrying trucks.
|U
UTILITY means any one or more of the following:
(a)
systems for the distribution of gas, whether artificial or natural;
(b)
facilities for the storage, transmission, treatment, distribution or supply of water;
(c)
facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d)
storm sewage drainage facilities;
(e)
telecommunications systems;
(f)
systems for the distribution of artificial light or electric power;
(g)
facilities used for the storage of telephone, cable, remote weather stations or internet infrastructure;
(h)
any other things prescribed by the Lieutenant Governor in Council by regulation.
|V
VARIANCE - see WAIVER
VETERINARY CLINIC - see ANIMAL CARE SERVICE
|W
WAREHOUSE means a facility for the storage of goods, materials or equipment for use by a company.
WASTE MANAGEMENT SITES means a development for the commercial receiving of spent materials, provided that
no detrimental effects or nuisances are generated beyond the parcel upon which it is situated. This use includes a
dry waste site, a hazardous waste management facility and a waste sorting station. This use does not include a
RECYCLING FACILITY.
Schedule 6 | 12
Land Use Bylaw No. 2024-274
WASTE MANAGEMENT TRANSFER STATION means a facility for the collection and temporary holding of solid waste
in a transferable storage container.
WASTEWATER TREATMENT PLANT has the same meaning as referred to in the Subdivision and Development
Regulation and as in the Environmental Protection and Enhancement Act. This definition also includes a wastewater
treatment stabilization plant.
WATER TREATMENT PLANT means a facility that treats raw water so that it is safe for human consumption and then
distributes it for human use.
All other words and expressions not otherwise defined in this Land Use Bylaw
have the meaning assigned to them in the MGA.
Schedule 7
TELECOMMUNICATION SITING PROTOCOL
Land Use Bylaw No. 2024-274
Schedule 7 | 1
Schedule 7
TELECOMMUNICATION ANTENNA SITING PROTOCOL
The purpose of this Appendix serves as the protocol for the installation and modification of
telecommunication, radiocommunication and broadcasting antenna systems and supporting structures
(antenna systems) in the Village of Hill Spring. The protocol establishes the procedural standard for public
participation and consultation that applies to proponents of antennas systems and identifies the Village of
Hill Spring's preferred development and design standards.
SECTION 1
APPLICABILITY
The federal Minister of Industry is the approval authority for the development and operation of antenna
systems, pursuant to the Radiocommunication Act. Industry Canada recognizes the importance of
considering input from local Land Use Authorities and the public regarding the installation and modification
of antenna systems and encourages Land Use Authorities to establish a local protocol to manage the
process of identifying and conveying concerns, questions and preferences to the proponent of an antenna
system and Industry Canada.
The local protocol established in this Appendix applies to any proposal to install or modify a
telecommunication, radiocommunication or broadcast antenna system and supporting structures within
the Village of Hill Spring which is not excluded from the consultation requirements established by Industry
Canada in Client Procedures Circular CPC-2-0-03 [or subsequent/amended publications]. Proponents of
excluded antenna systems are nevertheless encouraged to contact the Municipality to discuss the proposal
and identify any potential issues or concerns and give consideration to the development and design
standards in section 4 of this Appendix.
Antenna Systems Siting Protocol Exclusion List
1.1
Industry Canada has determined that certain antenna structures are considered to have
minimal impact on the local surroundings and do not require consultation with the local
Land Use Authority or the public. Industry Canada's publication, Radiocommunication
and Broadcast Antenna Systems CPC-2-0-03 lists the types of antenna installations
exempted from the requirement to consult with the local Land Use Authority and the
public. The installations listed in CPC-2-0-03 are therefore excluded from the municipal
Land Use Bylaw, Appendix A, Telecommunication, Radiocommunication and Broadcast
Antenna Systems and Supporting Structures Siting Protocol, which currently include:
(a)
New Antenna Systems: where the height is less than 15 metres above ground level.
This exclusion does not apply to antenna systems proposed by telecommunications
carriers, broadcasting undertakings or third party tower owners;
(b)
Existing Antenna Systems: where modifications are made, antennas added or the
tower replaced*, including to facilitate sharing, provided that the total cumulative
height increase is no greater than 25% of the height of the initial antenna system
installation.** No increase in height may occur within one year of completion of the
initial construction. This exclusion does not apply to antenna systems using purpose
built antenna supporting structures with a height of less than 15 metres above
Schedule 7 | 2
Land Use Bylaw No. 2024-274
ground level operated by telecommunications carriers, broadcasting undertakings
or third party tower owners;
(c)
Non-Tower Structures: antennas on buildings, water towers, lamp posts, etc. may
be excluded from consultation provided that the height above ground of the non-
tower structure, exclusive of appurtenances, is not increased by more than 25%,
and
(d) Temporary Antenna Systems: used for special events or emergency operations and
must be removed within three months of the start of the emergency or special
event. No consultation is required prior to performing maintenance on an existing
antenna system. Proponents, who are not certain if their proposed structure is
excluded, or whether consultation may still be prudent, are advised to contact the
Industry Canada for guidance.
*
The exclusion for the replacement of existing antenna systems applies to replacements that are similar
to the original design and location.
**
Initial antenna system installation refers to the system as it was first consulted on, or installed.
[Note: Height is measured from the lowest ground level at the base, including the foundation, to the tallest
point of the antenna system. Depending on the particular installation, the tallest point may be an antenna,
lightning rod, aviation obstruction lighting or some other appurtenance. Any attempt to artificially reduce
the height (addition of soil, aggregate, etc.) will not be included in the calculation or measurement of the
height of the antenna system.]
SECTION 2
MUNICIPAL REVIEW AND ISSUANCE OF DECISION
2.1
The Village Council shall be responsible for reviewing and issuing municipal concurrence
or non-concurrence for all antenna system proposals within the municipality which are
not excluded under section 1 of this Schedule.
2.2
Concurrence with a proposal will be measured against the requirements of the applicable
land use district within which the antenna system is proposed, the development and
design standards in section 4, applicable policies of the Village of Hill Spring Municipal
Development Plan, and consideration of comment received during the public consultation
process and any other matter deemed relevant by Council:
(a)
when a proposal is given a concurrence decision, the proponent will receive a letter
of concurrence from Council documenting its decision and any conditions;
(b)
when a proposal is given a non-concurrence decision, the proponent will receive a
Letter of non-concurrence from Council describing the reasons for the decision.
2.3
Municipal concurrence does not constitute approval of uses, buildings and structures
which require issuance of a development permit under the land use bylaw. A proposal
which includes uses, buildings or structures in addition to the antenna system, is required
to obtain development permit approval for such uses, buildings and structures in
accordance with the provisions of the land use bylaw.
Land Use Bylaw No. 2024-274
Schedule 7 | 3
SECTION 3
MUNICIPAL REVIEW PROCESSING PERIOD
3.1
Except as provided in subsection 3.2, the Village Council will issue a decision of either
concurrence or non-concurrence within 60 days of receiving a complete application
package.
3.2
The 60-day processing time period may be extended by the proponent or the Village,
through mutual consent.
SECTION 4
DEVELOPMENT AND DESIGN STANDARDS
4.1
Co-utilization of existing antenna systems is the preferred option within Municipality.
However, if co-utilization is not possible, the Village requests that the following
development and design standards be adhered to:
(a)
An antenna system (including any support structures) proposed should be placed no
closer than 40.0 metres (134 ft.) of the right-of-way of any developed or
undeveloped municipal public roadway outside of hamlets. A lesser setback may be
considered at the discretion of the Development Authority on a site-specific basis.
(b)
Proponents for antenna structures which are visible from higher density residential
areas may be requested to employ innovative design measures to mitigate the visual
impact of these structures. The proponent shall provide stealth structure options
when requested by the Municipality. Stealth structure options will be based on an
evaluation of the massing, form, colour, material, and other decorative elements,
that will blend the appearance of the facility into and with the surrounding lands.
(c)
The placement of signage on antenna systems is not permitted, except where
required by applicable federal agencies.
SECTION 5
APPLICATION SUBMITTAL REQUIREMENTS
5.1
Proponents are encouraged to contact the Municipality in advance of making their
submission to obtain information about the Antenna Systems Siting Protocol and identify
any preliminary issues or concerns.
5.2
The following application package shall be submitted to the Municipality for
consideration of a proposed antenna system:
(a)
a completed Telecommunication Antenna Siting Protocol application, including site
plan;
(b)
the prescribed fee;
(c)
a description of the type and height of the proposed antenna system and any
supporting structures;
(d)
the proposed lighting and aeronautical identification markings for the antenna and
any supporting structures;
(e)
documentation regarding potential co-utilization of existing towers within 1600
metres (1.0 miles) of the subject proposal; and
(f)
any other additional information or material the Development Authority determines
to be necessary and appropriate to properly evaluate the proposed submission.
Schedule 7 | 4
Land Use Bylaw No. 2024-274
5.3
Proposals for freestanding telecommunication antennas shall not be required to obtain a
development permit unless buildings or structures are also proposed in addition to the
antenna system and supporting structures. For such proposals, the following shall be
submitted in addition to the requirements of 5.2:
(a)
a completed development permit application;
(b)
the prescribed fee.
SECTION 6
NOTIFICATION AND PUBLIC CONSULTATION PROCESS
6.1
Upon receipt of an application package, the municipality shall review the application for
completeness and, if deemed complete, will:
(a)
if necessary, the proponent shall be required to host an open house for the
community;
(b)
notify the proponent and/or representative of the antenna system of the
development open house date;
(c)
may be required to post a notice of the proposed development in a local newspaper
circulating within the municipality or on the municipal social media sites, if deemed
necessary; and
(d)
notify by mail persons likely to be affected by the proposal of the development
hearing date in accordance with section 24 of the land use bylaw, including:
(i)
landowners within 3.2 km (2 miles) of the proposed antenna system;
(ii)
any review agencies deemed affected, as determined by the municipality;
(iii) any other persons deemed affected, as determined by municipality.
(iv) The notifications must be sent 19 days prior to the public meeting date.
6.2
The proponent or a representative of the antenna system(s) proposal should attend the
open house and be prepared to explain all aspects of the proposal including the siting,
technology, and appearance of the proposed antenna system.
APPENDIX A
FORMS AND APPLICATIONS
Village of Hill Spring
11 East 2nd Avenue South
Box 40, Hill Spring, AB T0L 1E0
PH: (403) 626-3876
EMAIL: office@hillspring.ca
FORM A: RESIDENTIAL DEVELOPMENT PERMIT APPLICATION
Pursuant to Land Use Bylaw No. 2024-274
Village of Hill Spring Land Use Bylaw 2024-274
Page 1 of 3
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Village
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
OFFICE USE
Application No:
Roll No:
Use:
Permitted Discretionary Waiver Prohibited
Application Received:
Application Fee:
Land Use District:
Site Inspection Date:
Application Deemed:
Expiry of 40-Day Decision
Timeframe:
Deadline for Missing
Documentation:
Date Incomplete:
Date Complete:
Date Reviewed by D.O.:
MPC Meeting Date:
Date of Decision:
Effective Date:
Village of Hill Spring Land Use Bylaw 2024-274
Page 2 of 3
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new dwelling:
Alter/renovate the existing building:
Construct a new accessory structure:
Single-unit dwelling
Multi-unit dwelling
Moved-in dwelling
Accessory dwelling
Addition (incl. attached garage)
Deck(s)
Roof-mounted Solar
Other _______________________
Detached garage/shop
Shed/greenhouse/gazebo/pool
Fence exceeding max. height
Other _______________________
Describe the proposed use, any changes from existing use, and any work to be done.
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
BUILDING DETAILS
Size/Dimensions
Principal Building
or Addition
Accessory Building/
Structure
Office Use
Building Size
m2 sq. ft
m2 sq. ft
Height of Building (grade to peak)
m ft
m ft
Attached Garage Size
m2 sq. ft
N/A
Proposed Setbacks from
Property Lines
Front
m ft
m ft
Rear
m ft
m ft
Side
m ft
m ft
Side
m ft
m ft
Parcel Type: Interior Lot Corner Lot
ACCESSORY DWELLING DETAILS
Is a secondary suite/backyard suite being requested? No Yes
Will the accessory dwelling be located in: An Existing Home A separate building
Will the secondary suite contain a separate entrance on the exterior of the home? No Yes
If yes, please indicate the location of the separate entrance: _____________________________________________
PROJECT DETAILS
Cost of Development: ________________ Start Date: __________________ Completion Date: _________________
Proposed Fencing and Height: ______________________________________________________________________
Proposed Landscaping: ________________________________________________________________
Off-street Parking Spaces (number and size, not including garage): ________________________________________
Village of Hill Spring Land Use Bylaw 2024-274
Page 3 of 3
WAIVERS
Is a waiver (variance) to one or more standards in the Land Use Bylaw being requested? No Yes
If yes, please specify: ____________________________________________________________________________
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Village of Hill Spring and as
such there are no abandoned wells in the proposed project area pertaining to this Development Permit application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
I/We have read and understand the terms noted below and hereby apply for a Development Permit to carry out the
development described within this application including any attached plans, and supplementary forms and
documents. The information given on this form is full and complete and is, to the best of my knowledge, a true
statement of the facts in relation to the application for a Development Permit. I/We hereby certify that the
registered owner of the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are
subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
1.
The Development Authority may deem a Development Permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
2.
Plans, drawings, and any additional documentation deemed to be required to enable adequate consideration of
the application, must be submitted with this application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the
decision in connection with the formal application.
4.
Any development started before the issuance of a Development Permit and expiration of the appeal period is at
the applicant's own risk.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such
longer period as the applicant may approve in writing, the applicant may deem the application to be refused.
The applicant may exercise his/her right of appeal as though s/he had been mailed a refusal at the end of the
40-day period.
6.
A Development Permit does not constitute a building permit or approval from any provincial or federal
department. Construction undertaken subsequent to approval of this Development Permit application may be
regulated by the Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to
construction plan submissions, approval and inspections as may be required by the appropriate provincial body.
The applicant is responsible for determining and obtaining any other applicable provincial and federal approvals
prior to commencement.
Village of Hill Spring
11 East 2nd Avenue South
Box 40, Hill Spring, AB T0L 1E0
PH: (403) 626-3876
EMAIL: office@hillspring.ca
FORM B: NON-RESIDENTIAL DEVELOPMENT PERMIT APPLICATION
Pursuant to Land Use Bylaw No. 2024-274
Village of Hill Spring Land Use Bylaw 2024-274
Page 1 of 3
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Village
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
OFFICE USE
Application No:
Roll No:
Use:
Permitted Discretionary Waiver Prohibited
Application Received:
Application Fee:
Land Use District:
Site Inspection Date:
Application Deemed:
Expiry of 40-Day Decision
Timeframe:
Deadline for Missing
Documentation:
Date Incomplete:
Date Complete:
Date Reviewed by D.O.:
MPC Meeting Date:
Date of Decision:
Effective Date:
Village of Hill Spring Land Use Bylaw 2024-274
Page 2 of 3
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new building for:
Alter an existing building:
Change in or Intensification of use
Commercial Use
Industrial Use
Institutional/Recreational Use
Addition
Interior Renovation
Mixed-use development
Describe the proposed use, any changes from existing use, and any work to be done.
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
BUILDING DETAILS
Size/Dimensions
Principal Building
or Addition
Accessory Building/
Structure
Office Use
Building Size
m2 sq. ft
m2 sq. ft
Height of Building (grade to peak)
m ft
m ft
Proposed Setbacks from
Property Lines
Front
m ft
m ft
Rear
m ft
m ft
Side
m ft
m ft
Side
m ft
m ft
Parcel Type: Interior Lot Corner Lot
Please indicate the water and sewer requirements for the proposed development (check all that may apply):
Washroom/kitchen type facilities for staff
Washroom/food service facilities for public
Car/truck wash
No water/sewer services required
Processing/manufacturing process
Food processing
Other: ______________________________________
SITE LAYOUT
Is outdoor storage or a display area required or proposed? No Yes
Is a dedicated loading space/area proposed? No Yes
Is a drive-through component proposed which required a dedicated vehicle-stacking lane? No Yes
Off-street Parking Spaces (number and size): __________________________________________________________
Proposed Fencing and Height: ______________________________________________________________________
Proposed Landscaping: ____________________________________________________________________________
WAIVERS
Is a waiver (variance) to one or more standards in the Land Use Bylaw being requested? No Yes
If yes, please specify: ____________________________________________________________________________
Village of Hill Spring Land Use Bylaw 2024-274
Page 3 of 3
PROJECT DETAILS
Construction Costs: ________________ Start Date: _______________ Estimated Completion Date: ______________
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Village of Hill Spring and as
such there are no abandoned wells in the proposed project area pertaining to this Development Permit application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
I/We have read and understand the terms noted below and hereby apply for a Development Permit to carry out the
development described within this application including any attached plans, and supplementary forms and documents.
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the
facts in relation to the application for a Development Permit. I/We hereby certify that the registered owner of
the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are subject
to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
1.
The Development Authority may deem a Development Permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
2.
Plans, drawings, and any additional documentation deemed to be required to enable adequate consideration of
the application, must be submitted with this application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the
decision in connection with the formal application.
4.
Any development started before the issuance of a Development Permit and expiration of the appeal period is at
the applicant's own risk.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such longer
period as the applicant may approve in writing, the applicant may deem the application to be refused. The
applicant may exercise his/her right of appeal as though s/he had been mailed a refusal at the end of the 40-day
period.
6.
A Development Permit does not constitute a building permit or approval from any provincial or federal department.
Construction undertaken subsequent to approval of this Development Permit application may be regulated by the
Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to construction plan
submissions, approval and inspections as may be required by the appropriate provincial body. The applicant is
responsible for determining and obtaining any other applicable provincial and federal approvals prior to
commencement.
Village of Hill Spring
11 East 2nd Avenue South
Box 40, Hill Spring, AB T0L 1E0
PH: (403) 626-3876
EMAIL: office@hillspring.ca
FORM C: HOME OCCUPATION DEVELOPMENT PERMIT APPLICATION
Pursuant to Land Use Bylaw No. 2024-274
Village of Hill Spring Land Use Bylaw2024-274
Page 1 of 3
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Village
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
OFFICE USE
Application No:
Roll No:
Use:
Permitted Discretionary Waiver Prohibited
Application Received:
Application Fee:
Land Use District:
Site Inspection Date:
Application Deemed:
Expiry of 40-Day Decision
Timeframe:
Deadline for Missing
Documentation:
Date Incomplete:
Date Complete:
Date Reviewed by D.O.:
MPC Meeting Date:
Date of Decision:
Effective Date:
Village of Hill Spring Land Use Bylaw 2024-274
Page 2 of 3
BUSINESS DESCRIPTION
(1) Describe the primary function of your business. What goods and/or services are provided?
Attach an additional sheet outlining the business.
(2) Is there another home occupation already operating out of the residence? No Yes
(3) Is there a secondary suite on the parcel? No Yes
If yes, please provide details:___________________________________________________________________
(4) Where will the business operate from? In-home
Accessory building
Off-site/Mobile
(5) How will you interact or do business with your clients or customers?
In person. Clients/customers will come to the residence. On average, how many clients will
come to the residence?
Less than 1 per day
1-5 per day
More than 5 per day
Remotely. Clients/customers will not be coming to the residence but will only be in contact by:
Phone /Fax
Mail
Courier
Email/Internet
(6) How many parking spaces for any client visits, deliveries, etc. will be available? ____________
(7) Days and hours of operation:____________________________________________________
(8) Will there be any employees that are not residents of the dwelling? No Yes
If YES: How many employees will come to the residence? ____________
Will more than 1 employee come to the residence at a time? No Yes
(9) Will there be any equipment or materials stored outside the dwelling that will be used in
conjunction with the business? No Yes
If yes, please list materials & quantities:___________________________________________________________
(10) Will any vehicles/machinery/trailers/tools be used to operate the business? Please list.
______________________________________________________________________________
(11) Will there be any flammable/hazardous materials on the premises as a result of the business?
No Yes (please list materials & quantities):__________________________________________________
(12) Will any goods be displayed at the residence? No Yes
(13) Will there be a sign for the business? No Yes
If yes, please describe size, type, and location:_____________________________________________________
(14) Does the business require additional government approvals? No Yes
If yes, please describe (AHS, AMVIC, etc.):_____________________________________________________
Village of Hill Spring Land Use Bylaw 2024-274
Page 3 of 3
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Village of Hill Spring and as
such there are no abandoned wells in the proposed project area pertaining to this Development Permit application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
I/We have read and understand the terms noted below and hereby apply for a Development Permit to carry out the
development described within this application including any attached plans, and supplementary forms and documents.
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the
facts in relation to the application for a Development Permit. I/We hereby certify that the registered owner of
the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are subject
to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
1.
The Development Authority may deem a Development Permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
2.
Plans, drawings, and any additional documentation deemed to be required to enable adequate consideration of
the application, must be submitted with this application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the
decision in connection with the formal application.
4.
Any development started before the issuance of a Development Permit and expiration of the appeal period is at
the applicant's own risk.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such longer
period as the applicant may approve in writing, the applicant may deem the application to be refused. The
applicant may exercise his/her right of appeal as though s/he had been mailed a refusal at the end of the 40-day
period.
6.
A Development Permit does not constitute a building permit or approval from any provincial or federal department.
Construction undertaken subsequent to approval of this Development Permit application may be regulated by the
Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to construction plan
submissions, approval and inspections as may be required by the appropriate provincial body. The applicant is
responsible for determining and obtaining any other applicable provincial and federal approvals prior to
commencement.
Village of Hill Spring
11 East 2nd Avenue South
Box 40, Hill Spring, AB T0L 1E0
PH: (403) 626-3876
EMAIL: office@hillspring.ca
FORM D: BUILDING REMOVAL APPLICATION
Pursuant to Land Use Bylaw No. 2024-274
Village of Hill Spring Land Use Bylaw 2024-274
Page 1 of 3
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Village
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed building removal if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
OFFICE USE
Application No:
Roll No:
Land Use District:
Site Inspection Date:
Application Received:
Application Fee:
Date Reviewed by D.O.:
Date of Decision:
Application Deemed:
Utilities Signed Off: Yes No
Date Incomplete:
Date Complete:
Accompanying DP Application: Yes No
DP Application no:
Village of Hill Spring Land Use Bylaw 2024-274
Page 2 of 3
STRUCTURES TO BE REMOVED
Description of Buildings/Structure(s): ________________________________________________________________
_______________________________________________________________________________________________
Type of Work:
Removal to another site (no demolition)
Demolition of building/structure
Building Size:
____________________ m2 sq. ft
Height of Building: _________________ m2 sq. ft
Number of storeys: ___________
DEMOLITION INFORMATION
Method of Demolition: Manual (no heavy equipment) Using heavy equipment
Other - please explain: ____________________________________________________
Dump Site Location: ______________________________________________________________________________
**Note: Construction debris should be dumped in an approved certified site whenever possible. If that is not
possible, approval must be obtained from Alberta Environment prior to demolition.**
Location where building(s) are being moved to (if not being demolished):___________________________________
_______________________________________________________________________________________________
Contractor responsible for removal/demolition (if different from applicant): __________________________________
Post building removal plan for property: Rebuild (separate Development Permit application required)
To be left vacant (drainage plan & weed management plan required)
PROJECT DETAILS
Cost of Development: ________________ Start Date: __________________ Completion Date: _________________
DISCONNECTION OF ALL SERVICES
Acquire signature (or written verification) from all applicable agencies verifying services are disconnected:
Electrical power
__________________________________________________________
Natural gas
__________________________________________________________
Oil lines
__________________________________________________________
Telephone cables
__________________________________________________________
Communication lines (tv, internet)
__________________________________________________________
Water lines
__________________________________________________________
Storm & sanitary sewer
__________________________________________________________
Private Septic
__________________________________________________________
Village of Hill Spring Land Use Bylaw 2024-274
Page 3 of 3
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Village of Hill Spring and as
such there are no abandoned wells in the proposed project area pertaining to this Development Permit application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
I/We have read and understand the terms noted below and hereby apply for a Development Permit to carry out the
development described within this application including any attached plans, and supplementary forms and documents.
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the
facts in relation to the application for a Development Permit. I/We hereby certify that the registered owner of
the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are subject
to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
1.
The Development Authority may deem a Development Permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
2.
Plans, drawings, and any additional documentation deemed to be required to enable adequate consideration of
the application, must be submitted with this application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the
decision in connection with the formal application.
4.
Any development started before the issuance of a Development Permit and expiration of the appeal period is at
the applicant's own risk.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such longer
period as the applicant may approve in writing, the applicant may deem the application to be refused. The
applicant may exercise his/her right of appeal as though s/he had been mailed a refusal at the end of the 40-day
period.
6.
A Development Permit does not constitute a building permit or approval from any provincial or federal department.
Construction undertaken subsequent to approval of this Development Permit application may be regulated by the
Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to construction plan
submissions, approval and inspections as may be required by the appropriate provincial body. The applicant is
responsible for determining and obtaining any other applicable provincial and federal approvals prior to
commencement.
Village of Hill Spring
11 East 2nd Avenue South
Box 40, Hill Spring, AB T0L 1E0
PH: (403) 626-3876
EMAIL: office@hillspring.ca
FORM E: SIGNAGE DEVELOPMENT PERMIT APPLICATION
Pursuant to Land Use Bylaw No. 2024-274
Village of Hill Spring Land Use Bylaw 2024-274
Page 1 of 3
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Village
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
OFFICE USE
Application No:
Roll No:
Use:
Permitted Discretionary Waiver Prohibited
Application Received:
Application Fee:
Land Use District:
Site Inspection Date:
Application Deemed:
Expiry of 40-Day Decision
Timeframe:
Deadline for Missing
Documentation:
Date Incomplete:
Date Complete:
Date Reviewed by D.O.:
MPC Meeting Date:
Date of Decision:
Effective Date:
Village of Hill Spring Land Use Bylaw 2024-274
Page 2 of 3
SIGN INFORMATION
Type of work (select all that apply):
New Permanent Sign
Wall (fascia)
Freestanding
Canopy/Roof mounted
Sandwich Board
Banding Sign
Changes to Existing Sign
Electrified
Non-electrified
Indirect Illumination
Internal Illumination
Direct Illumination
Flashing/LED
Temporary Sign
Animated
Rotating
Awning
Portable
Electronic Variable Messages
Lettering
Size/Dimensions
Proposed Sign
Office Use
Distance from
Property Lines
Office Use
Length of Sign:
m ft
Front
m ft
Height of Sign:
m ft
Rear
m ft
Sign Face Area:
m2 sq. ft
Side
m ft
Top of Sign Height
from Grade:
m ft
Side
m ft
Top of Sign Height
from Roof:
m ft
Bottom of Sign
Height from Grade:
m ft
Sign materials: _____________________________________________________________________
Are there any other signs on this property? No Yes
If yes, please specify: ____________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
If the sign is only for temporary use:
For how many days is the sign proposed to be displayed: _____________ days
Will the sign be used to advertise off-premises business, products or services? No Yes
WAIVERS
Is a waiver (variance) to one or more standards in the Land Use Bylaw being requested? No Yes
If yes, please specify: ____________________________________________________________________________
PROJECT DETAILS
Cost of Development: ________________ Start Date: __________________ Completion Date: _________________
Village of Hill Spring Land Use Bylaw 2024-274
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ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Village of Hill Spring and as
such there are no abandoned wells in the proposed project area pertaining to this Development Permit application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
I/We have read and understand the terms noted below and hereby apply for a Development Permit to carry out the
development described within this application including any attached plans, and supplementary forms and documents.
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the
facts in relation to the application for a Development Permit. I/We hereby certify that the registered owner of
the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are subject
to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
1.
The Development Authority may deem a Development Permit application incomplete if any of the application
requirements are incomplete or the quality of the information is deemed inadequate to properly evaluate the
application.
2.
Plans, drawings, and any additional documentation deemed to be required to enable adequate consideration of
the application, must be submitted with this application.
3.
Although the Development Officer is in a position to advise applicants of the process and requirements of the
development application, such advice must not be taken as official consent, and is without prejudice to the
decision in connection with the formal application.
4.
Any development started before the issuance of a Development Permit and expiration of the appeal period is at
the applicant's own risk.
5.
If a decision is not made within 40 days from the date the application is deemed complete, or within such longer
period as the applicant may approve in writing, the applicant may deem the application to be refused. The
applicant may exercise his/her right of appeal as though s/he had been mailed a refusal at the end of the 40-day
period.
6.
A Development Permit does not constitute a building permit or approval from any provincial or federal department.
Construction undertaken subsequent to approval of this Development Permit application may be regulated by the
Alberta Safety Codes. The applicant/owner/developer assumes all responsibilities pertaining to construction plan
submissions, approval and inspections as may be required by the appropriate provincial body. The applicant is
responsible for determining and obtaining any other applicable provincial and federal approvals prior to
commencement.
Village of Hill Spring
11 East 2nd Avenue South
Box 40, Hill Spring, AB T0L 1E0
PH: (403) 626-3876
EMAIL: office@hillspring.ca
FORM F: APPLICATION FOR LAND USE BYLAW OR
STATUTORY DOCUMENT AMENDMENT
Village of Hill Spring Land Use Bylaw 2024-274
Page 1 of 3
A refusal is not appealable and a subsequent application for amendment involving the same lot and/or the same or
similar use may not be made for at least 12 months after the date of refusal.
IMPORTANT NOTE: Although administration is in a position to advise on the principle or details of any proposals,
such advice must not be taken in any way as official consent.
PREFERRED METHOD OF DELIVERY (PLEASE SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Village
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
OFFICE USE
Application No:
Roll No:
Redesignation Text Amendment
Application Received:
Application Fee:
Land Use District:
Date submitted to ORRSC:
Application Deemed:
Deadline for Missing
Documentation:
Site Plan
Conceptual Design Scheme
or ASP
Certificate of Title (not
older than 60 days prior to
application date)
Date Incomplete:
Date Complete:
First Reading Date:
Public Hearing Date:
Second/Third Reading Date(s):
Village of Hill Spring Land Use Bylaw 2024-274
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PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
OR Quarter ___________ Section ___________ Township ___________ Range __________ W4M
AMENDEMENT INFORMATION
What is the proposed amendment:
LUB Text Amendment
Land Use Redesignation
MDP Amendment
ASP Amendment
IF TEXT AMENDMENT:
For text amendments, attach a description including:
-
The section(s) to be amended;
-
The change(s) to the text; and
-
The reason(s) for change(s).
IF LAND USE REDESIGNATION (REZONING):
Current Land Use Designation (zoning): ______________________________________________________________
Proposed Land Use Designation (zoning): _____________________________________________________________
Land Use Bylaw No. XXXXX (Administration Section 53) regulates the information required to accompany an
application for redesignation. A descriptive narrative detailing the following is required:
-
The proposed designation and future land use(s);
-
If and how the proposed redesignation is consistent with applicable statutory plans;
-
The compatibility of the proposal with surrounding uses and zoning;
-
The development suitability or potential of the site, including identification of any constraints and/or hazard
areas (e.g. easements, soil conditions, topography, drainage, etc.);
-
Availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police
protection, schools, etc.) to serve the subject property while maintaining adequate levels of service to
existing development; and
-
Any potential impacts on public roads.
An Area Structure Plan or Conceptual Design Scheme may be required in conjunction with this application where:
-
Redesignating land from Parks and Recreation (PR) to another district;
-
Multiple parcels of land are involved;
-
More than four lots could be created;
-
Several pieces of fragmented land are adjacent to the proposal;
-
Internal public roads would be required;
-
Municipal services would need to be extended; or
-
Required by Council of the Municipal Subdivision and Development Authority.
The Development Officer or Council may also require a:
-
Geotechnical report; and/or
-
Stormwater management plan.
Village of Hill Spring Land Use Bylaw 2024-274
Page 3 of 3
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Village of Hill Spring and as
such there are no abandoned wells in the lands affected by this application.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the
facts in relation to the application. I/We hereby certify that the registered owner of the land is aware of,
and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are subject
to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
Village of Hill Spring
11 East 2nd Avenue South
Box 40, Hill Spring, AB T0L 1E0
PH: (403) 626-3876
EMAIL: office@hillspring.ca
FORM G: AGREEMENT FOR TIME EXTENSION
Pursuant to Land Use Bylaw No. 2024-274
Village of Hill Spring Land Use Bylaw 2024-274
Page 1 of 1
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Village
Office myself (applicant will be notified by phone when documents are available for pick-up).
AGREEMENT FOR TIME EXTENSION
I/We ____________________________________________________________________being the registered owner
or person authorized to act on behalf of the registered owner with respect to Application no: ___________________
applying for: ____________________________________________________________________________________
on lands located at: (Municipal Address)______________________________________________________________
(Legal Description) Plan ____________________ Block ______________________ Lot(s)/Unit _________________
do hereby agree to a time extension of: __________________days, until____________________________________
_______________________________________________________________________________________________
On the understanding that if a decision has not been made by this time, I may deem the application refused and
appeal to the Subdivision and Development Appeal Board in accordance with the provisions of the Municipal
Government Act.
Date: ________________________________ _________________________________________________
_________________________________________________
Date: ________________________________ _________________________________________________
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are subject
to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
OFFICE USE
Application No:
Roll No:
Expiry of 40-Day Decision Timeframe:
Application Received:
Date Development Permit Application Deemed Complete:
MPC Meeting Date:
Signature of Registered Owner/Person Acting on behalf of:
Signature of Witness
Signature of Designated Officer - Village of Hill Spring
Village of Hill Spring
11 East 2nd Avenue South
Box 40, Hill Spring, AB T0L 1E0
PH: (403) 626-3876
EMAIL: office@hillspring.ca
FORM H: NOTICE OF APPEAL APPLICATION
Pursuant to Land Use Bylaw No. 2024-274
Village of Hill Spring Land Use Bylaw 2024-274
Page 1 of 1
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Village
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPELLANT INFORMATION
Name: ______________________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
APPLICATION BEING APPEALED
Development Application no. ______________
Subdivision Application no. ________________
Stop Order no. __________________________
I/We do hereby appeal the following decision/order:____________________________________________________
_______________________________________________________________________________________________
The grounds for the appeal are as follows (attach additional documentation if required): _______________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are subject
to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Appellant's Signature: ___________________________________________
OFFICE USE
Appeal No:
Roll No:
Date of Decision:
21-day Appeal Period Date:
Appeal Received:
Application Fee:
Date Paid:
Hearing Date:
Village of Hill Spring
11 East 2nd Avenue South
Box 40, Hill Spring, AB T0L 1E0
PH: (403) 626-3876
EMAIL: office@hillspring.ca
FORM I: TELECOMMUNICATION SITING
PROTOCOL APPLICATION
Village of Hill Spring Land Use Bylaw 2024-274
Page 1 of 2
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Village
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent Antenna proponent/developer Contractor Tenant Other:____________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
Parcel Size: ________________________ m2 sq. ft. Land Use District: _______________________________
Existing use/development on the property: ____________________________________________________________
_______________________________________________________________________________________________
DETAILS OF THE PROPOSED DEVELOPMENT
What will the antenna/tower be used for? _____________________________________________________________
Are there any roads or approaches on the parcel? ______________________________________________________
Is co-utilization with existing antenna systems proposed? No Yes
OFFICE USE
Application no:
Roll No:
Land Use District:
Site Inspection Date:
Application Received:
Application Fee:
Application Deemed Complete:
Development Hearing Date:
Village of Hill Spring Land Use Bylaw 2024-274
Page 2 of 2
Are there any other antenna towers located within 800 metres of the subject proposal? No Yes
If yes, describe what the tower is used for, its operator(s), and a location map.
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Describe the proposed finish/colour and if lighting or any markings are proposed for the antenna. _______________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Will the structure be visible from residential areas? No Yes
If yes, please describe the stealth structure options/screening. _______________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Will signage be used? No Yes If yes, please describe. ______________________________________
_______________________________________________________________________________________________
_______________________________________________________________________________________________
Will the antenna contain any markings? No Yes If yes, please describe. _______________________
_______________________________________________________________________________________________
ABANDONED WELL INFORMATION
The applicant acknowledges that there are no abandoned wells within the limits of the Village of Hill Spring and as
such there are no abandoned wells on the property affected by the proposed telecommunication tower.
Applicant's Initials: ___________
DECLARATION OF APPLICANT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the
facts in relation to the application for a Development Permit. I/We hereby certify that the registered owner of
the land is aware of, and in agreement with this application.
I also consent to an authorized person designated by the municipality to enter upon the subject land and building(s)
for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are subject
to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
Village of Hill Spring
11 East 2nd Avenue South
Box 40, Hill Spring, AB T0L 1E0
PH: (403) 626-3876
EMAIL: office@hillspring.ca
FORM J: VOLUNTARY WAIVER OF CLAIMS
Development Commencement Form
Village of Hill Spring Land Use Bylaw 2024-274
Page 1 of 2
PREFERRED METHOD OF DELIVERY (SELECT ONE)
Email: I wish to receive all official written documentation for my application by email.
Letter Mail: I wish to receive all official written documentation for my application by letter mail.
In-person Pickup: I wish to pickup all official written documentation for my application from the Village
Office myself (applicant will be notified by phone when documents are available for pick-up).
APPLICANT INFORMATION
Applicant's Name: ____________________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Registered Landowner's Name: ________________________________
Phone:_______________________________ Email:____________________________________________________
Mailing Address: _________________________________________________________________________________
Applicant's interest in the proposed development if not the registered owner:
Agent
Contractor
Tenant
Other: ___________________________________________
PROPERTY INFORMATION
Municipal Address:________________________________________________________________________________
Legal Description: Plan ____________________ Block ______________________ Lot(s)/Unit _________________
"VOLUNTARY WAIVER OF CLAIM" (OPTIONAL)
For Development Approvals of Discretionary Uses and/or Approvals granting a waiver of development
standards.
This "Voluntary Waiver of Claims" allows you to commence your development at your own risk in advance of the date
of validity on your Development Permit. The permit's valid date is the date at which the appeal period for the public
has expired.
By agreeing to this "Voluntary Waiver of Claims" you agree that should an appeal be made you will immediately cease
the development pending the outcome of the appeal and will waive all claims to the compensation from the Village of
OFFICE USE
Development Permit No:
Roll No:
Application Received:
Date Deemed Complete:
Village of Hill Spring Land Use Bylaw 2024-274
Page 2 of 2
Hill Spring for costs associated with the cessation and/or costs resulting from the outcome of the appeal, including the
removal of improvements and restoration of disturbances to the land/buildings to their former state.
Agreement to this "Voluntary Waiver of Claims" does not nullify your own right to an appeal. You may appeal any
condition of approval on the Development Permit to the Subdivision and Development Appeal Board by the date
identified on your permit.
Agreement to this "Voluntary Waiver of Claims" and possession of the released Development Permit does not eliminate
the need for a Business License, Building Permit or other permits. Do not commence development without first
obtaining all the necessary permits.
I have read, understood, and agree to this "Voluntary Waiver of Claims"
Date: ____________________
Applicant's Signature: ___________________________________________
Registered Owner's Signature:________________________________________
(Required, if different from applicant)
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept
on file by those agencies. The application and related file contents will become available to the public and are subject
to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
APPENDIX B
DEVELOPMENT AUTHORITY
BYLAW NO. 107-275
Village of Hill Spring Development Authority Bylaw No. 107-275
Page 1
VILLAGE OF HILL SPRING
IN THE PROVINCE OF ALBERTA
DEVELOPMENT AUTHORITY BYLAW NO. 107-275
1.
BEING a bylaw of the Village of Hill Spring in the Province of Alberta to establish a municipal
Development Authority;
AND WHEREAS, the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter
M-26, as amended from time to time requires the municipality to adopt a bylaw to establish a
municipal Development Authority;
AND WHEREAS, the Development Authority is authorized to make decisions on applications
for development approval in accordance with the administrative procedures, land uses and
schedules established in the municipal land use bylaw;
AND WHEREAS, this bylaw may be cited as the Village of Hill Spring Development Authority
Bylaw;
NOW THEREFORE, the Council of the Village of Hill Spring in the Province of Alberta duly
assembled, enacts as follows:
2.
DEFINITIONS:
(a) Act means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter
M-26, as amended from time to time.
(b) Authorized persons means a person or organization authorized by the council to
which the municipality may delegate any of its Development Authority powers, duties or
functions.
(c) Council means the Municipal Council of the Village of Hill Spring.
(d) Designated officer means a person or persons authorized to act as the designated
officer for the municipality as established by bylaw.
(e) Development Authority means the person or persons appointed, by bylaw, to exercise
only such powers and perform duties as are specified:
(i)
in the Act; or
(ii) in the Village of Hill Spring Land Use Bylaw; or
(iii) in this bylaw; or
(iv) by resolution of council.
(f)
Members means the members of the Development Authority.
(g) Municipal Planning Commission means the Municipal Planning Commission of the
Village of Hill Spring as established by bylaw.
(h) Municipality means the Village of Hill Spring in the Province of Alberta.
(i)
Secretary means the person or persons appointed by council to act as secretary of the
Development Authority.
(j)
All other terms used in this bylaw shall have the meaning as is assigned to them
in the Municipal Government Act, as amended from time to time.
Page 2
Village of Hill Spring Development Authority Bylaw No. 107-275
3.
For the purpose of this bylaw, the Development Authority for the municipality shall be the
Municipal Planning Commission.
4.
The Development Authority shall be composed of not more than five persons who are
elected officials of the Village of Hill Spring.
5.
Appointments to the Development Authority shall be made by resolution of council.
6.
Appointments to the Development Authority shall be made for a term of three years, after
each municipal election.
7.
When a person ceases to be a member of the Development Authority before the expiration
of his term, council shall appoint another person for the unexpired portion of that term within
60 days of receiving notice of the vacancy.
8.
The members of the Development Authority shall elect one of themselves as chairman, and
one of themselves as vice-chairman to hold office for a term of one year from the date of
election.
9.
Each member of the Development Authority shall be entitled to such remuneration,
travelling, and living expenses as may be fixed from time to time by council; and the
remuneration, travelling, and living expenses shall be paid by the Village of Hill Spring.
10. The council may, by resolution, appoint a secretary who shall be an employee of the
municipality and shall attend all meetings of the Development Authority, but shall not vote on
any matter before the Development Authority.
11. The Development Authority shall hold regular meetings at least 12 times per year on a date
to be determined by the Development Authority, and it may also hold special meetings at
any time at the call of the chairman.
12. Three of the members of the Development Authority shall constitute a quorum.
13. The decision of the majority of the members present at a meeting shall be deemed to be the
decision of the whole Development Authority.
14. The Development Authority may make its orders, decisions, development permits, and
approvals; and may issue notices with or without conditions.
15. The Development Authority may make rules to govern its hearings.
16. Members of the Development Authority shall not be members of the Subdivision and
Development Appeal Board.
17. The secretary of the Development Authority shall attend all meetings of the Development
Authority and shall keep the following records with respect thereto:
(a) the minutes of all meetings;
(b) all applications;
(c) records of all notices of meetings and of persons to whom they were sent;
(d) copies of all written representations to the Development Authority;
(e) notes as to each representation;
Village of Hill Spring Development Authority Bylaw No. 107-275
Page 3
(f)
the names and addresses of those making representations at the meeting;
(g) the decision of the Development Authority;
(h) the reasons for the decision of the Development Authority;
(i)
the vote of the members of the Development Authority on the decision;
(j)
records of all notices of decision and of persons to whom they were sent;
(k) all notices, decisions, and orders made on appeal from the decision of the Development
Authority;
(l)
such other matters as the Development Authority may direct.
18. When a person ceases to be a member of the Development Authority before the expiration
of his/her term the council may, by resolution, appoint another person for the unexpired
portion of that term.
19. This bylaw comes into effect upon the third and final reading thereof.
READ a first time this 22nd day of September, 2008.
___________________________________
___________________________________
Mayor - Bill Richards
Municipal Administrator - Helen Walburger
READ a second time this 22nd day of September, 2008.
___________________________________
___________________________________
Mayor - Bill Richards
Municipal Administrator - Helen Walburger
READ a third time and finally passed this 22nd day of September, 2008.
___________________________________
___________________________________
Mayor - Bill Richards
Municipal Administrator - Helen Walburger
APPENDIX C
SUBDIVISION AUTHORITY
BYLAW NO. 107-276
Village of Hill Spring Subdivision Authority Bylaw No. 107-276
Page 1
VILLAGE OF HILL SPRING
IN THE PROVINCE OF ALBERTA
SUBDIVISION AUTHORITY BYLAW NO. 107-276
1.
BEING a bylaw of the Village of Hill Spring in the Province of Alberta to establish a municipal
Subdivision Authority;
AND WHEREAS, the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter
M-26, as amended from time to time requires the municipality to adopt a bylaw to establish a
municipal Subdivision Authority;
AND WHEREAS, the Subdivision Authority is authorized to make decisions on applications
for subdivision approval in accordance with the provincial land use policies, the subdivision
and development regulations, the local land use bylaw and statutory plans;
AND WHEREAS, this bylaw may be cited as the Village of Hill Spring Subdivision Authority
Bylaw;
NOW THEREFORE, the Council of the Village of Hill Spring in the Province of Alberta duly
assembled, enacts as follows:
2.
DEFINITIONS:
(a) Act means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter
M-26, as amended from time to time.
(b) Authorized persons means a person or organization authorized by council to which
the municipality may delegate any of its Subdivision Authority powers, duties or
functions.
(c) Council means the Council of the Village of Hill Spring.
(d) Member means a member of the Subdivision Authority.
(e) Municipality means the Village of Hill Spring in the Province of Alberta.
(f)
Secretary means the person or persons authorized to act as secretary for the
Subdivision Authority.
(g) Subdivision Authority means the board, person or organization established to act as
the Subdivision Authority.
(h) All other terms used in this bylaw shall have the meaning as is assigned to them
in the Municipal Government Act, as amended from time to time.
3.
For the purpose of this bylaw, the Subdivision Authority for the Village of Hill Spring shall be
the Council of the Village of Hill Spring.
4.
Appointments to the Subdivision Authority shall be made by resolution of council.
5.
Appointments to the Subdivision Authority shall be made for a term of three years, after each
municipal election.
6.
The members of the Subdivision Authority shall elect one of themselves as chairman, and
one of themselves as vice-chairman to hold office for a term of one year from the date of
election.
Page 2
Village of Hill Spring Subdivision Authority Bylaw No. 107-276
7.
Each member of the Subdivision Authority shall be entitled to such remuneration, travelling,
and living expenses as may be fixed from time to time by council; and the remuneration,
travelling, and living expenses shall be paid by the Village of Hill Spring.
8.
The council shall, by resolution, appoint a secretary who shall be an employee of the
municipality and shall attend all meetings of the Subdivision Authority, but shall not vote on
any matter before the Subdivision Authority.
9.
The Subdivision Authority shall hold regular meetings at least 12 times per year on a date to
be determined by the Subdivision Authority, and it may also hold special meetings at any
time at the call of the chairman.
10. Three of the members of the Subdivision Authority shall constitute a quorum.
11. The decision of the majority of the members present at a meeting shall be deemed to be the
decision of the whole Subdivision Authority.
12. The Subdivision Authority may make its orders, decisions, and subdivision approvals; and
may issue notices with or without conditions.
13. The Subdivision Authority may make rules to govern its hearings.
14. The Subdivision Authority, when considering an application for subdivision approval, is not
required to hold a hearing.
15. Members of the Subdivision Authority shall not be members of the Subdivision and
Development Appeal Board.
16. The secretary of the Subdivision Authority shall attend all meetings of the Subdivision
Authority and shall keep the following records with respect thereto:
(a) the minutes of all meetings;
(b) all applications;
(c) records of all notices of meetings and of persons to whom they were sent;
(d) copies of all written representations to the Subdivision Authority;
(e) notes as to each representation;
(f)
the names and addresses of those making representations at the meeting;
(g) the decision of the Subdivision Authority;
(h) the reasons for the decision of the Subdivision Authority;
(i)
the vote of the members of the Subdivision Authority on the decision;
(j)
records of all notices of decision and of persons to whom they were sent;
(k) all notices, decisions, and orders made on appeal from the decision of the Subdivision
Authority;
(l)
such other matters as the Subdivision Authority may direct.
17. When a person ceases to be a member of the Subdivision Authority before the expiration of
his/her term the council may, by resolution, appoint another person for the unexpired portion
of that term.
Village of Hill Spring Subdivision Authority Bylaw No. 107-276
Page 3
18. This bylaw comes into effect upon third and final reading thereof.
READ a first time this 22nd day of September, 2008.
___________________________________
___________________________________
Mayor - Bill Richards
Municipal Administrator - Helen Walburger
READ a second time this 22nd day of September, 2008.
___________________________________
___________________________________
Mayor - Bill Richards
Municipal Administrator - Helen Walburger
READ a third time and finally passed this 22nd day of September, 2008.
___________________________________
___________________________________
Mayor - Bill Richards
Municipal Administrator - Helen Walburger
APPENDIX D
SUBDIVISION AND DEVELOPMENT APPEAL
BOARD BYLAW NO. 2023-323