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VILLAGE OF IRMA
LAND USE BYLAW NO. 15-02
OCTOBER 2015
THIS BYLAW HAS BEEN PREAPRED FOR THE VILLAGE OF IRMA WITH THE ASSISTANCE OF NORTH STAR PLANNING
INC.. MANY THANKS TO THE COUNCIL, ADMINISTRATION AND THE RESIDENTS OF THE VILLAGE OF IRMA.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
TABLE OF CONTENTS
PART I: INTRODUCTION
1
SECTION 1: TITLE
1
SECTION 2: SCOPE AND APPLICATION
1
SECTION 3: PREVIOUS BYLAW
1
SECTION 4: PURPOSE
1
SECTION 5: INTERPRETATION
2
SECTION 6: EFFECTIVE DATE
2
SECTION 7: PLANNING FRAMEWORK
2
SECTION 8: TECHNICAL AMENDMENTS
2
SECTION 9: FORMS
3
PART II: ADMINISTRATION
5
SECTION 10: DEVELOPMENT AUTHORITY
5
SECTION 11: APPEAL AUTHORITY
5
SECTION 12: AMENDMENT TO THIS BYLAW
5
SECTION 13: INVALID SECTIONS
7
SECTION 14: FEES
7
PART III: DEFINITIONS
9
SECTION 15: TERMS AN DEFINITIONS
9
PART IV: CONTRAVENTION
27
SECTION 16: CONTRAVENTION
27
SECTION 17: ENFORCEMENT
28
PART V: PERMIT PROCESS
31
SECTION 18: DEVELOPMENT CONTROL
31
SECTION 19: SAME OR SIMILAR USE
31
SECTION 20: DEVELOPMENT PERMIT NOT REQUIRED.
31
SECTION 21: PERMIT APPLICATION
33
SECTION 22: PRE-NOTIFICATION
35
SECTION 23: REFERRAL PROCESS
35
SECTION 24: DECISION NOTIFICATION
36
SECTION 25: PERMIT EXPIRY
37
SECTION 26: EFFECTIVE DATE
37
SECTION 27: PERMIT TRANSFERS
37
SECTION 28: DEEMED REFUSAL
37
SECTION 29: SUBSEQUENT APPLCIATION
38
SECTION 30: SUSPENSION & CANCELLATION
38
SECTION 31: APPEAL PROCEDURE
38
SECTION 32: NON CONFORMING USE OR BUILDING
39
SECTION 33: PERMITTED USE - COMPLIANT
39
SECTION 34: PERMITTED USE - VARIANCE REQUIRED
41
SECTION 35: DISCRETIONARY USE
42
SECTION 36: VARIANCE PROVISIONS
42
SECTION 37: MANDATORY REFUSALS
43
PART VI: GENERAL REGULATIONS
45
SECTION 38: ACCESSORY BUILDINGS
45
SECTION 39: BUILDING DEMOLITION
46
SECTION 40: BUILDING HEIGHT
46
SECTION 41: CORNER SITES
47
SECTION 42: CURB CUTS
48
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
TABLE OF CONTENTS
SECTION 43: DWELLING DENSITY
48
SECTION 44: EMERGENCY ACCESS
48
SECTION 45: EXCAVATIONS AND GRADING
49
SECTION 46: FENCING & SCREENING
49
SECTION 47: HAZARDOUS MATERIALS
50
SECTION 48: RESIDENTIAL IN-FILL
51
SECTION 49: LANDSCAPING
51
SECTION 50: LANEWAY ACCESS
52
SECTION 51: PROHIBITED & RESTRICTED DEVELOPMENT
52
SECTION 52: ON-SITE ENERGY SYSTEMS
52
SECTION 53: ON-SITE SERVICING
54
SECTION 54: OUTSIDE STORAGE & DISPLAY FOR COMMERCIAL USE 54
SECTION 55: PRINCIPAL BUILDING OR USE
54
SECTION 56: POLLUTION CONTROL
55
SECTION 57: PROJECTION INTO YARDS
55
SECTION 58: BUILDING RELOCATION
56
SECTION 59: PUBLIC UTILITIES
57
SECTION 60: CIVIC (STREET) ADDRESS
57
SECTION 61: VEHICLE ACCESS
57
SECTION 62: ZERO SIDE YARDS
57
PART 7: USE SPECIFIC REGULATIONS
59
SECTION 63: ACESSORY FOOD & LIQUOR SERVICE
59
SECTION 64: ADULT ENTERTAINMENT BUSINESS
59
SECTION 65: BED AND BREAKFAST
59
SECTION 66: CAMPGROUNDS AND R.V. PARKS
60
SECTION 67: CAR WASH
60
SECTION 68: CHILD CARE SERVICES
60
SECTION 69: HOTELS & MOTELS
61
SECTION 70: COMMUNICATION TOWERS
61
SECTION 71: GROUP HOME SERVICES
62
SECTION 72: HOME BASED BUSINESSES
62
SECTION 73: KENNELS
63
SECTION 74: LIVE/WORK COMMUNITY
63
SECTION 75: MIXED USE DEVELOPMENT
64
SECTION 76: MULTI-UNIT RESIDENTIAL
64
SECTION 77: PETROLEUM FACILITIES
65
SECTION 78: PLACES OF WORSHIP
66
SECTION 79: POOLS AND HOT TUBS
67
SECTION 80: PORTABLE BUILDINGS
67
SECTION 81: RESIDENTIAL STANDARDS
67
SECTION 82: RESIDENTIAL PARKS
69
SECTION 83: SECONDARY SUITES
70
SECTION 84: SHIPPING CONTAINERS
71
SECTION 85: SURVEILLANCE SUITES
71
PART 8 : PARKING REQUIREMENTS
73
SECTION 86: GENERAL REQUIREMENTS
73
SECTION 87: ON-STREET PARKING
73
SECTION 88: OFF-STREET LOADING
74
SECTION 89: PARKING REQUIREMENTS
74
PART 9: SIGNAGE REQUIREMENTS
79
SECTION 90: SIGNAGE REGULATION
79
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
TABLE OF CONTENTS
PART 10: DISTRICT REGULATIONS
81
SECTION 91: GENERAL REGULATIONS
81
SECTION 92: R1 - RESIDENTIAL
83
SECTION 93: R2 - RESIDENTIAL
85
SECTION 94: R3 - RESIDENTIAL
87
SECTION 95: RP - RESIDENTIAL PARK
89
SECTION 96: LW - LIVE WORK
91
SECTION 97: C1 - URBAN CENTRE
93
SECTION 98: C2 -GENERAL BUSINESS
95
SECTION 99: CRX - TRANSITION AREA
97
SECTION 100: M1 - INDUSTRY
99
SECTION 101: CS - COMMUNITY SERVICES
100
SECTION 102: UR - URBAN RESERVE
101
FORMS: DEVELOPMENT PERMIT APPLICATION
LAND USE DISTRICT MAP
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
TABLE OF CONTENTS
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.1
PART I: INTRODUCTION
SECTION 1: TITLE
This Bylaw is to be known as the "Village of Irma Land
Use Bylaw", as described by Village of Irma Bylaw No.
15-02.
SECTION 2: SCOPE AND APPLICATION
All land use approvals including subdivision applications,
development permit applications and land use bylaw
amendments shall be carried out in conformity with this
Bylaw.
Enforcement measures that include suspension or
cancellation of development permit approvals, stop
orders or Section 545/546 Orders shall be in accordance
with the provisions of the Municipal Government Act, as
amended, and this Bylaw.
SECTION 3: PREVIOUS BYLAW
No provisions of any other Bylaws with respect to
districting,
development
control
and
land
use
classifications shall hereafter apply to any part of the
Village of Irma.
SECTION 4: PURPOSE
The purpose of this Bylaw is to promote best practices
and the optimal use and development of land and
buildings within the Village of Irma; and to achieve the
orderly and economic development of land. For this
purpose, amongst other things, the purpose of this
Bylaw shall be:
1) to divide the Village into land use districts, and to
prescribe and regulate for each district the purpose
for which land and buildings may be used;
a) to establish the Village of Irma Development
Authority and the office of the Development
Officer;
b) to establish a method of making decisions on
applications for development permits and issuing
development
permits
for
any
development,
including provision for;
i.
the types of development permits that may
be issued,
ii.
the manner in which to apply for a
development permit,
iii.
the issuing, cancelling, suspending or
refusing to issue a development permit,
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.2
iv.
the length of time a development permit
remains in effect,
v.
the
discretion
that
the
development
authority may exercise with respect to
decision making on development permit
applications, and
vi.
how and to whom notice of the issuance of
a development permit is to be given.
c) to establish a framework for decision making on
applications
for
subdivision
approval
in
accordance with the provisions of Part 17 of the
Municipal Government Act, as amended;
d) to establish supplementary regulations governing
certain specific land uses; and
e) to establish a method for making amendments to
this Bylaw.
SECTION 5: INTERPRETATION
1) The word "should", which precedes an action
statement
in
this
Bylaw
means
that
the
statement is an expression of desire.
2) The word "shall" means that the action is
mandatory.
3) The word "may" means that the action is
discretionary. Actions taken are based upon
sound planning goals and principles and best
practices.
4) Words in singular may also mean plural. Words
referencing a gender mean all genders and may
include corporations.
Tip: Inserts into this Bylaw such as this are
not to be considered part of this Bylaw. They
are meant to be used as a guide to
interpreting or understanding how this Bylaw
works and is applied in day to day use.
SECTION 6: EFFECTIVE DATE
The effective date of this Bylaw shall be the date of the
third reading thereof.
SECTION 7: PLANNING FRAMEWORK
This Bylaw is enacted under the provisions of the
Municipal Government Act, as amended. This Bylaw is
intended to be read in conjunction with the Municipal
Government Act.
SECTION 8: TECHNICAL AMENDMENTS
Updates to Section numbers, references to specific
sections of legislation and name changes may be made
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.3
without a formal amendment to this Bylaw or Council
approval.
SECTION 9: FORMS
Council shall, by resolution, authorize the preparation
and use of such forms and notices as it determines
necessary to administer this Bylaw.
Minor amendments to form(s) which are considered
technical in nature and do not materially effect the
spirit, intent, or general purpose of the form(s) may be
made by the Development Authority.
FIGURE NO. 1: PLANNING PROCESS
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.4
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.5
PART II: ADMINISTRATION
SECTION 10: DEVELOPMENT AUTHORITY
1) The Development Authority for the Village of Irma is
established under this Bylaw pursuant to Section 624
of the "ACT".
2) The Development Authority for the Village of Irma is
that person(s) appointed by Council as Development
Officer pursuant to this Bylaw.
3) The Development Authority shall carry out its
function in accordance to powers and duties
described in the "ACT", its regulations, and this
Bylaw, as amended from time to time.
4) The Development Officer shall keep and maintain for
the inspection of the public during all reasonable
hours, a copy of this bylaw and all amendments
thereto; keep a register of all applications for
development, including the decisions thereon and
the reasons therefore.
5) For the purposes of "right of entry" and Development
Authority,
the
Development
Officer
is
hereby
declared an Authorized Person of Council.
6) For the purpose of application of Section 542 of the
ACT, the Development Officer is hereby designated
as authorized by the Village of Irma to discharge the
relevant powers and functions.
SECTION 11: APPEAL AUTHORITY
1) The Subdivision and Development Appeal Board for
the Village of Irma is established by the Village of
Irma Subdivision and Development Appeal Board
Bylaw, as amended from time to time.
2) The Subdivision and Development Appeal Board shall
perform the duties and functions as described in this
Bylaw and the Act.
3) The Subdivision and Development Appeal Board shall
review all appeal applications within its jurisdiction
for development appeal, Stop Order Appeal and
Subdivision appeal.
SECTION
12:
AMENDMENT
TO
THIS
BYLAW
1) A person may apply to amend this Bylaw or a
Statutory Plan, in writing, to the Development
Authority by completing the proper form. All
proposed amendments to this Bylaw shall be made
in accordance with Section 692 of the ACT.
2) As part of the application, the applicant must provide
the following information:
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.6
a) reasoning in support of the application,
b) right of entry privileges to the Development
Authority and any other person(s) from the
Village of Irma that may need to visit the site to
assess the application,
c) pay the appropriate fee as established by the
Village of Irma from time to time,
d) the current and proposed use of the subject land,
and
e) current and proposed servicing of the subject
land.
3) Upon receipt of an application completed in full, the
Development Authority shall carry out any necessary
investigation or analysis of any land use issues
related to the proposal, and prepare a report to
Council for consideration.
4) After initial consideration by the Development
Authority and advice being given to the applicant,
the applicant may:
a) proceed with the amendment,
b) modify the amendment, or
c) withdraw the amendment.
5) Once
all
necessary
investigations
have
been
conducted, the Development Authority shall formally
forward the application (if it is still active) to Council
along with an amendment bylaw in the proper form.
6) The Development Officer may recommend, and
Council may initiate an amendment to the proposed
Bylaw.
7) Notwithstanding anything in this Bylaw, a proposed
amendment that has been rejected by Council within
the previous six (6) months may not be reconsidered
unless Council otherwise directs.
Tip: Note that Section 188 of the Act requires
an amending Bylaw to be passed within 2
years of first reading in order to remain valid.
It is required that a formal public hearing be
held prior to considering of second reading of
an amending Bylaw.
It is possible to consider all three readings of
an amending bylaw in the same Council
meeting.
First reading should be considered as nothing
more than an administrative action and not a
sign of Council being in favour or against the
proposed Bylaw.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.7
SECTION 13: INVALID SECTIONS
If one or more sections of this Bylaw are for any reason
declared to be invalid, all remaining provisions are to
remain in full force and in effect.
SECTION 14: FEES
All fees and charges under and pursuant to this Bylaw,
and
any
amendments
thereto,
with
respect
to
development permit, zoning compliance certificates and
amendments to this Bylaw shall be established by
resolution of Council.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.8
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.9
PART III: DEFINITIONS
SECTION 15: TERMS AN DEFINITIONS
Terms and definitions as they apply within the context
and scope of this Bylaw are provided below. Where a
term is not found in this section, the definition shall be
that which is commonly or legally attributed to it.
"ACCENT LIGHTING" means outdoor lighting that is
entirely used to illuminate architectural features, art,
landscaping features, monuments, or trees and is only
directed at such features.
"ACCESSORY BUILDING" means a building which is
separate from the principal building on the parcel where
both are located and subordinate to that of the principal
building. Buildings that are separately defined and are
not stated in Part 7: Use Specific Regulations as being
an accessory building shall be subject to their own
unique definition and use provision within this Bylaw.
"ACCESSORY FOOD SERVICE" means a temporary or
permanent food service that is accessory, secondary or
complementary to the principal use on the parcel.
"ACCESSORY LIQUOR SERVICE" means a temporary
or permanent liquor sales and consumption outlet that
is accessory, secondary or complementary to the
principal use on the parcel.
"ACCESSORY USE" means a use that is incidental or
subordinate to the principal use on the parcel.
"ACT" means the Municipal Government Act, R.S.A.,
2000, Chapter M-26, as amended, and regulations
thereto.
"ADJACENT LAND" means land that is contiguous to
the parcel of land that is being subdivided and includes:
a) land that would be contiguous if not for a highway,
road, river or stream, and
b) any other land identified in the Land Use Bylaw as
adjacent land for the purpose of notification.
"ADULT ENTERTAINMENT BUSINESS" means a use:
a) where live performances, motion pictures, video
tapes, video disks, slides or any type of electronic or
photographic reproductions, the main feature of
which is the nudity or partial nudity of any person,
are performed or shown,
b) that may operate in conjunction with another
approved use, or
c) where each separate viewing area has a maximum
viewing capacity Of 20 Seats.
"AMENITY AREA or AMENITY SPACE" means an area
that shall be provided, indoor or outdoor, subject to the
regulation of this Bylaw and which must be developed
for passive or active recreation and enjoyment. Such
an area may be for either private or communal use and
may be under either individual, common or public
ownership.
"AMUSEMENT ESTABLISHMENT - INDOOR" means
any building or place or part thereof where patrons are
normally, but not necessarily participants. Typical uses
include, but are not limited to, billiard parlors, electronic
games, arcades, bowling alleys and theatres.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.10
"AMUSEMENT ESTABLISHMENT - OUTDOOR" means
a development providing facilities where patrons are
normally, but not necessarily participants. Typical uses
include, but are not limited to, amusement parks, go
kart tracks, miniature golf establishments and golf
courses.
"ANIMAL CARE FACILITY (SMALL ANIMAL)" means
the accommodation and care or impoundment of
household pets within an enclosed building including,
but not limited to, veterinary clinics, small animal
shelters, and kennels.
"ANIMAL CARE FACILITY (LARGE ANIMAL)" means
the accommodation and care or impoundment of
animals which may include commercial livestock within
an enclosed building including, but not limited to,
veterinary clinics.
"AREA
REDEVELOPMENT
PLAN"
means
a
plan
accepted
or
adopted
by
Council
as
an
Area
Redevelopment Plan pursuant to Section 634 of the
Municipal Government Act, as amended.
"AREA STRUCTURE PLAN" means a plan accepted or
adopted by Council as an Area Structure Plan pursuant
to Section 633 of the Municipal Government Act, as
amended.
"AUCTION SALES" means a use for the purpose of
auctioning good and equipment, and may include a
storage yard.
"AUTOMOBILE SALES" means a use for the display,
purchase and sale of automobiles that are stored either
or both indoor and outdoor on the parcel.
"AUTOMOBILE SERVICE CENTRE" means a building
that may be a principal use or an accessory to another
use on the same parcel where automobiles are serviced.
"BALCONY" means a horizontal platform that is
attached to a building above the first storey floor level
and is intended for use as an outdoor amenity area.
"BARE LAND CONDOMINIUM" means lots (units)
administered under the Condominium Property Act,
which allows for the division of a parcel of land into
units (lots) and common property. Each landowner has
title to a lot/unit and a proportionate share of the
common property. The Condominium Association is
responsible for the maintenance of the property.
TIP: In a bare land condominium,
what would normally be referred to as
lots are legally called "units". As
applicable in this Bylaw, references to
"lots" are applicable to "units" in the
context of a bare land condominium. A
unit
is
the
landowners
property.
Common property usually consists of
roads,
alleys,
parks,
utility
areas,
community buildings and other lands
that are shared amongst the various
landowners
(Members
of
the
condominium).
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.11
"BARE LAND UNIT" means land described as a unit in
a condominium plan by reference to boundaries
governed by monuments placed pursuant to the
provision of the Survey's Act.
"BASEMENT" means that portion of a building which is
located below the first floor and is either partially or
wholly below grade.
"BASEMENT SUITE" means a suite in the basement of
a dwelling other than an apartment that can be rented
by the owner of the dwelling, where both are registered
under the same certificate of title and complies with
Alberta Building Code requirements. A basement suite
is listed as a Secondary Suite under the Special Use
Provisions and Land Use Districts of this Bylaw.;
"BAY WINDOW" means a window that projects
outward from the facade of a building, but does not
include an opening that is intended to give access to a
building.
"BED AND BREAKFAST OPERATION" - means a
minor and ancillary/subordinate commercial use of a
residence where accommodation is provided for periods
of fourteen (14) days or less in an approved guest
room(s).
"BUILDING" includes anything constructed or placed
on, in, over or under land but does not include a
highway or public roadway or a bridge forming part of a
highway or public roadway.
"BUILDING COVERAGE" means the area of a parcel
which is covered by a building excluding:
a) portions of the building located entirely below grade,
b) portions of the building greater than 2.4 metres
above grade and with a depth less than 1.0 metres,
measured from the wall directly below,
c) portions of eaves, roofs, pergolas and other similar
elements with a depth less than 1.0 metres,
measured from the wall directly below,
d) patios, and any covered and enclosed area located
directly below, and
e) decks, landings, uncovered stairs and any external
areas located below.
"BUILDING SETBACK" means the distance from a
property line to the point on a parcel where a building is
located measured at a right angle from the property line
to which it relates.
"BULK FUEL DISTRIBUTION CENTRE" means a
facility for the bulk storage and sale of oil and fuel
products, including propane. A bulk fuel distribution
centre is different from a petroleum facility in that it is
much larger in size, primarily serves or is serviced by
large trucks or pipelines, and may include both refined
and un-refined products.
"CANOPY" means a projection extending from the
outside wall of a building normally for the purpose of
shielding a part of the building from the sun.
"CARPORT" means a roofed structure used for storing
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.12
or parking of not more than two private vehicles which
has not less than 40% of its total perimeter open and
unobstructed.
"CAMPGROUND
&
R.V.
PARK"
means
the
development of land which has been planned and
improved for the use of holiday trailers, motor homes,
tents, campers and similar recreation vehicles. A
campground is not used for year-round accommodation
or storage.
"CAR WASH" means a building or area used for the
purpose of washing motor vehicles and other chattel
such as tow trailers.
"CEMETERY" means a place where dead people or
animals are buried. A cemetery is not an accessory use
to a Place of Worship.
"CHATTEL" means a moveable item of personal
property.
"CHILD CARE SERVICES" means a use that is devoted
to the caring of children on a temporary basis such as
day homes or day care businesses.
"CLUSTER HOUSING" means a group of dwellings,
either detached or attached, located on a single parcel
with shared yard and parking provisions.
"COMMERCIAL ACCOMMODATION" means a hotel,
motel, motor lodge or hostel from which rooms are
rented on a short term basis for the accommodation of
the public. Commercial accommodation units shall
contain at least one bed for each unit and may include a
kitchen. Commercial accommodation may also include
restaurant services, laundry, meeting rooms, and
recreational activities such as swimming pools, hot tubs
or fitness facilities.
"COMMERCIAL LIVE/WORK" means a neighbourhood
that is developed to provide both a residential and
commercial use such as owner/operator businesses, a
veterinary clinic and kennel or other similar combination
of residential and commercial enterprise.
"CONCESSION STAND" means a minor eating and
drinking facility which services non-alcoholic beverages,
contains no dedicated seating spaces, and includes
operations as burger stands, ice cream stands, and
other related developments.
"CONDOMINIUM" means individual ownership of a unit
or units in a multi-unit building or a parcel of land that
is part of a condominium plan registered at Land Titles
and includes ownership in a share of common property
such as hallways, parking areas and landscaping areas
administered
by
a
condominium
association
in
accordance
with
provisions
of
the
Condominium
Properties Act, as amended.
TIP:
Common
property
usually
consists of roads, alleys, parks, utility
areas, community buildings and other
lands that are shared amongst the
various landowners (Members of the
condominium).
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.13
"CONVENIENCE SERVICES" means a variety store
used for the retail sale of goods required by the
neighbourhood residents or employees on a day-to-day
basis, including: confectionery, tobacco, groceries,
beverages, pharmaceutical and personal care items,
hardware, or printed matter.
"CORNER" means the intersection of any two property
lines of a parcel.
"CORNER PARCEL" means a parcel that abuts two
streets which intersect at an angle not exceeding 135
degrees.
"COUNCIL" means the Council of the Village of Irma.
"CREMATORIUM" means a building which includes a
facility for the cremating of remains of the deceased.
"DAY CARE FACILITY" means a facility and program
for the provision of care, maintenance and supervision
for four or more children under the age of fifteen years,
by a person other than one related by blood or
marriage, for periods of more than three (3) but less
than twenty-four (24) consecutive hours, and is
intended to be operated for at least (12) consecutive
weeks per year.
"DECK" means an uncovered horizontal structure with a
surface height greater than 0.6 metres above grade at
any point that is intended for use as an outdoor amenity
area, but does not include a balcony.
"DENSITY" means a quantitative measure of the
average number of persons, families or dwelling units
per unit of area. Density may also mean the number of
lots or units created per parcel, where applicable.
"DESIGNATED
OFFICER"
means
a
person(s)
authorized by Bylaw to carry out the powers, duties and
functions of the Development Officer as provided in this
Bylaw.
"DEVELOPABLE AREA" means an area of land suitable
for a building site as defined in this Bylaw.
"DEVELOPER" means an owner, agent or any person,
firm or company required to obtain or having obtained a
development permit.
"DEVELOPMENT AGREEMENT" means an agreement
that may be required between a developer and the
Village in the form of a signed document which
establishes specific requirements of the Village for
municipal improvements related to a Development or
Subdivision to be undertaken within the Village of Irma.
"DEVELOPMENT AUTHORITY" means a Development
Authority established pursuant to Section 624 of the
Municipal Government Act and may include one or more
of the following: a Development Officer, Municipal
Planning Commission, Council, or any other person or
organization that has been authorized by Bylaw to
exercise
development
powers
on
behalf
of
the
municipality;
"DEVELOPMENT OFFICER" means the official or
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.14
officials of the Municipality with the responsibility of
receiving, considering and deciding on applications for
development, matters related to enforcing this Bylaw
such
as
Stop
and
Contravention
Orders,
and
representing the Village of Irma at Subdivision and
Development Appeal Board Hearings on behalf of the
Village of Irma.
"DEVELOPMENT PERMIT" means a certificate or
document permitting a specified development and
includes, where applicable, a plan or drawing or a set of
plans or drawings, specifications or other documents.
This permit is separate and distinct from a building
permit.
"DISCONTINUED" means the time at which substantial
construction activity or a non-conforming use or
conforming use has ceased.
"DISCRETIONARY USE" means a use of land or
buildings provided for in the District Regulations of this
Bylaw, for which a development permit may be issued
with or without conditions.
"DOUBLE FRONTING PARCEL" - means a corner
parcel which is not a flanking parcel, but also includes a
parcel which abuts two public streets (except alleys as
defined in the Highway Traffic Act), which are parallel or
nearly parallel where abutting the parcel.
"DRIVE THROUGH" means an accessory to an
establishment which services customers traveling in
motor vehicles driven onto the parcel without requiring
the customer to leave their vehicle while being serviced.
"DWELLING" means any building used principally for
human habitation which is supported on a permanent
foundation extending below ground level. A dwelling
does not include a building that is classified as a
Dwelling - Single Detached or other specific type of
dwelling as defined within this Bylaw.
"DWELLING - SINGLE DETACHED" means any
building used principally for human habitation and which
is supported on a permanent foundation extending
below ground level. A dwelling does not include any
building that may be classified as Dwelling - Mobile
Home; Single Detached Dwellings shall conform to the
architectural
standards
provided
in
Section
81:
Residential Standards.
"DWELLING - MANUFACTURED HOME" means a
dwelling as defined in this Bylaw that conforms to the
architectural standards provided in this Bylaw.
"DWELLING - MOBILE HOME" means a dwelling
which was constructed prior to January 1, 1996, does
not meet the National Building Code of Canada
CAN/CSA A277 standard, with a chassis or related
assembly that allows for the permanent or temporary
attachment of a hitch and wheel assembly to enable
relocation of the dwelling. A mobile home does not
include
a
modular
home,
manufactured
home,
temporary living accommodation or single detached
dwelling as described in this Bylaw. A mobile home
may be a single structure (single wide) or two parts
which when put together (double wide) comprises a
complete dwelling.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.15
"DWELLING - MULTI UNIT" means a dwelling which
forms part of a larger structure that includes (2) or
more dwellings and may include hallways, internal
amenity areas or other accessory structures that are
intended to service the occupants of the building. A
Dwelling - Multi-Unit, shall feature separate external
entrances or common entrances to an internal hallway,
and may include:
o Duplex: two dwellings located side by side or on
top of each other with each storey being a
separate dwelling.,
o Triplex: three dwellings located side by side,
o Fourplex: four dwellings located side by side or
on top of each other,
o Row Housing: more than four dwellings side by
side, or
o Apartment: five or more dwellings with multi-
storeys, separate entrances to the outdoors or
internal hallway entrances.
For the purpose of this definition, an internal hallway
entrance shall be separate from all dwelling units.
"EASEMENT" means a right to use land, generally for
access to other property or as a right-of-way for a
public utility.
"FLOOR AREA" means the greatest horizontal area of a
building above grade within the outside surface of
exterior walls or within the glassline of exterior walls
and the centreline of fire walls but not including the
floor areas of basements, attached garages, sheds,
open porches or breezeways.
"FOUNDATION" means the lower portion of a building,
usually concrete or masonry, and includes the footings
which transfer the weight of and loads on a building to
the ground.
"FRONTAGE" means the linear length of a property
line shared with a street.
"FLANKAGE" means in the context of a corner lot, the
longer of the two lines facing a street, unless both lines
facing the street are of equal length then either lot line
could be considered flankage, but not both.
"FUNERAL HOME" means a building used for viewing
and funerals/memorials for the deceased by mourners.
A funeral home does not include a crematorium.
"GARAGE" means an accessory building (detached
garage) or part of the principal building, designed and
used primarily for the storage of motor vehicles.
"GARAGE SUITE" means a self contained dwelling unit
in compliance with Alberta Building Code standards that
is located on the second floor of a garage.
"GAS BAR" means a facility for the sale of gas on a
retail basis for smaller vehicles.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.16
"GRADE" means the ground elevation established for
the purpose of regulating the number of storeys and the
height of a building. The building grade shall be the
level ground adjacent to the walls of the building if the
finished grade is level. If the ground is not entirely
level the grade shall be determined by averaging the
elevation of the ground for each face of the building.
"GROSS FLOOR AREA" means the total area of all
floors of all buildings including accessory buildings
located on any parcel, excluding the area of basement
floors, EXCEPT THAT basement suites in apartment
buildings shall be included in the calculation of gross
floor area.
"GROUP CARE FACILITY" means a facility which
provides resident services to seven or more individuals
of whom one or more are unrelated. These individuals
may be aged, disabled or undergoing rehabilitation, and
provided services to meet their needs. This includes the
following such similar uses as group homes (all ages),
halfway houses, resident schools, and psychiatric care
facilities. These facilities are not intended to include
major institutional care facilities such as hospitals,
young offenders facilities.
"GROUP HOME" means a residence that is licensed or
funded under an Act of the Parliament of Canada or the
Province of Alberta for the accommodation of six or
fewer persons, exclusive of staff, living under minimal
supervision in a single housekeeping unit and who, by
reason of their emotional, mental, social or physical
condition or legal status, require a group living
arrangement for their well-being. This use does not
include such uses as open custody young offenders
facilities, or psychiatric care facilities.
"HARD SURFACED LANDSCAPED AREA" means an
area with a surface consisting of materials that:
a) are not living or derived from living organisms, or
b) were once living, but are not formed into a structure,
and
c) may include, but are not limited to brick, concrete,
stone, and wood.
"HOME BASED BUSINESS" means any occupation,
trade, profession or craft, including a bed and breakfast
operation and home day care as defined in this Bylaw,
carried on by an occupant of a residential building as a
use secondary to the residential use of the building and
which does not change the character thereof or have
any exterior evidence of such secondary use.
"HABITABLE ROOM" means a room or enclosed space
used or usable for human occupancy, including but not
limited to kitchens, bedrooms, living rooms, family
rooms and dens, excluding NON-HABITABLE ROOMS
include bathrooms, laundries, pantries, foyers, hallways,
entry ways, storage areas and rooms in basements and
cellars used only for recreational purposes or any space
in a dwelling providing a service function and not
intended primarily for human occupancy.
HOME DAY CARE means a facility and program for the
provision of care, maintenance and supervision for four
or more children under the age of fifteen years, by a
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.17
person other than one related by blood or marriage, for
periods of more than three (3) but less than twenty-four
(24) consecutive hours.
"INDOOR EATING ESTABLISHMENT" means an
establishment where a combination of food and non-
alcoholic drink are intended to be consumed within the
confines of the establishment.
"INTENSIVE AGRICULTURE" means the commercial
use of parcels of land for non-animal husbandry uses
such as greenhouses, market gardens, sod farms,
nurseries, tree farms, etc.
"KENNEL" means a development in which three or
more dogs and/or cats over six months in age are
maintained, boarded, bred, trained or cared for in
return for remuneration or kept for the purposes of sale.
"LANE" means a roadway that is primarily intended to
give access to the rear of buildings and parcels.
"LIVE/WORK" means a parcel that is designed to
feature both a principal residence and a commercial
use/building where the residents on the parcel are
related to the operators of the business on the same
property.
"LIVESTOCK" means cattle, swine, poultry, sheep,
horses, fish, game, fur bearing animals and similar
animals.
"LOADING SPACE" means an off-street space on the
same parcel as a building or group of buildings, for the
temporary parking of a commercial vehicle while
commodities are being loaded or unloaded.
"LOT" means a parcel of land, the boundaries of which
are separately described in a certificate of title, which
may or may not be shown on a registered plan of
subdivision. Lot may also be used to refer to a "Unit"
within a bare land condominium as defined in the
Condominium Act.
"MAIN BUILDING" in a residential parcel means a
building containing one or more Dwelling Units, but
does not include any accessory buildings.
"MANSE" means a residence attached or located on the
same parcel as a place of worship. A Manse shall not be
considered an accessory use in any land use District.
"MANUFACTURING SERVICES" means the making,
fabricating or processing of raw materials into a finished
product on a large scale.
"MEDICAL SERVICES" means services provided to
humans may include, but not necessarily be limited to
in-patient and out-patient care and counseling offices.
"MINI STORAGE" means a development that provides
walk-in sized cubicles for public rent for the storage of
goods.
"MINOR" means where added as a prefix to a
permitted or discretionary use, a use which due to its
nature or relatively small size will, at the discretion of
the Council, have a limited impact on surrounding uses,
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.18
or which is intended to serve a small or local rather than
a major or municipal area.
"MIXED
COMMERCIAL/RESIDENTIAL"
means
a
commercial and residential use within the same building
and the residential use being located on the second
floor, each with its own separate entrance and other
shared services.
"MODULAR CONSTRUCTION" means a method of
constructing whereby most of the parts of a building
have been constructed in an off-site manufacturing
facility and transported to a parcel where the parts are
assembled and anchored to a permanent foundation.
"MOVING OR CARTAGE" means a commercial use or
building that involves the movement of goods on large
vehicles vehicle oriented marshalling yards.
"MUNICIPALITY" means the Village of Irma.
"MUNICIPAL DEVELOPMENT PLAN" - means a plan
adopted by Bylaw as a Municipal Development Plan
pursuant to Section 632 of the Municipal Government
Act.
"NEW CONSTRUCTION" means construction that takes
place on-site or in the case of a building that is re-
located from another location, a building that has is in
good repair and condition and has never been used for
the intended purpose.
"NON-CONFORMING BUILDING" means a building:
a) that is lawfully constructed or lawfully under
construction at the date 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 the 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.
"OFF-STREET PARKING" means an off-street facility
for the parking of vehicles to accommodate the use on
that parcel.
"ON-STREET
PARKING"
means
parking
accommodated on a public roadway within the Village of
Irma to accommodate parking demands from an
approved use within the Village of Irma.
"ON-SITE SEWAGE COLLECTION AND DISPOSAL
SYSTEM" means a sewage collection and disposal
system constructed in accordance with the Alberta
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.19
Safety Codes Act, and its regulations.
"ON-SITE WATER SUPPLY SYSTEM" means a potable
water source other than that provided by the Village of
Irma Municipal Water service.
"OUTDOOR SALES AND SERVICE" means the use of
larger tracts of land or parcel for the sale and servicing
of large equipment or vehicles. This use will typically
include farm and industrial equipment sales and service.
"PARCEL" means:
a) the aggregate of the one or more areas of land
described in a certificate of title or described in a
certificate of title by reference to a plan filed or
registered in a land titles office; or
b) a bare land unit created under a condominium plan.
"PARCEL AREA" means the total area of a parcel,
"PARCEL COVERAGE" means the cumulative building
coverage of all buildings on a parcel excluding accessory
residential buildings which in aggregate are less than
10.0 square meters;
"PARCEL DEPTH" means the length of a line joining
the mid-points of the front property line and the rear
property line;
"PARCEL WIDTH" means the distance between the
side property lines of a parcel measured at a right angle
to the mid-point of the shortest side property line.
"PARK" means an active or passive recreation area
together
with
any
accessory
buildings
or
uses
complimentary
to
the
said
recreational
purpose.
Though usually under public ownership, a park may be
privately owned and operated upon approval from the
Village of Irma.
"PARKING SERVICES" means the provision of parking
services on a not-for-profit or for-profit purpose and
that may provide parking opportunities for more than
one business or residence on the same or nearby
parcel. An approval for parking services includes the
development of a parking facility as defined in this
Bylaw.
"PARK MODEL HOME" means a recreational vehicle
designed to be transportable and primarily designed for
long-term or permanent placement at a destination
where an RV or mobile home is allowed. When set up,
park models are connected to the utilities necessary to
operate home style fixtures and appliances. Park
Models must be less than 50.17 m2 (540 sq. feet) in
area.
"PARKING FACILITY" means the area or structure set
aside for the storage and parking of vehicles and
includes parking stalls, loading spaces, aisles, entrances
and exits to the area, and traffic islands where they are
part of the parking facility. A parking facility may be
part an approval of parking services.
"PARKING STALL" means a space set aside for the
parking of a vehicle.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.20
"PATIO" means an uncovered horizontal structure with
a surface height, at any point; no greater than 0.60
metres above grade, intended for use as an outdoor
amenity area.
"PERMITTED USE" means a use of land or building
that is listed as such use in a land use district.
"PERMITTED
USE
-
COMPLIANT"
means
a
development permit application for a permitted use in a
building or on a parcel and the proposed development
conforms to all applicable requirements and rules of this
Bylaw.
"PERMITTED USE - VARIANCE REQUIRED" means a
development permit application for a permitted use in a
building or on a parcel and the proposed development
does not conform to one or more of the applicable
requirements and rules of this Bylaw.
"PERSONAL SERVICES" means the provision of
services related to the care and appearance of the body
or the cleaning and repair of personal effects and may
include services such as: barber shops, beauty salons,
tailors, cobblers or dry cleaning. Personal services are
not medical services.
"PETROLEUM FACILITY" means a parcel that is
primarily used for the storage and sale of petroleum
products in larger quantities than in a standard service
station or gas bar.
"PICK UP & DROP OFF STALL" means a motor vehicle
parking stall intended only for a motor vehicle to stop
while picking up or dropping off passengers. These
stalls are usually included as part of a loading zone.
"PLACE OF WORSHIP" means development owned by
a religious organization used for worship and related
religious, philanthropic, or social activities including
rectories,
manses,
classrooms,
dormitories
and
accessory buildings. Typical uses include churches,
chapels, mosques, temples, synagogues, parish halls,
convents and monasteries.
"PLAN OF SUBDIVISION" means a plan of subdivision
registered or approved for registration at the Northern
Alberta Land Titles Office (Alberta Registries).
"PORTABLE BUILDING" means a canvas or tarp shed
or movable garage comprised of a metal frame with the
tarp or canvas stretched over it, and is designed to be
used to shelter chattels from the outdoor weather.
"PRINCIPAL BUILDING" means a building which:
a) occupies the major or central portion of a site,
b) is the chief or main building among one or more
buildings on the site, or
c) constitutes by reason of its use the primary
purpose for which the site is used.
There shall be no more than one principal building on
each site unless otherwise permitted in this Bylaw.
"PRINCIPAL USE" means the primary purpose in the
opinion of the Development Authority for which a
building or site is used. There shall be no more than
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.21
one principal use on each site unless specifically
permitted in this Bylaw.
"PRIVATE CLUB OR LODGE" means a development
used for a meeting, social or recreational activity of
members of not-for-profit, philanthropic, social service,
athletic, business or fraternal organizations, and does
not include an on-site residence.
"PROFESSIONAL SERVICES" means development for
the
provision
of
professional
management,
administrative, consulting and financial services such as
legal,
accounting,
surveying,
engineering,
banks,
government or similar services.
"PRIVATE CONDOMINIUM ROADWAY" means an
area of land that provides access to a parcel, and is
contained within:
a) common property forming part of a bare land
condominium plan; or
b) a bare land unit that is used for the purpose of
accommodating
a
private
roadway
for
access
purposes in accordance with an easement agreement
registered against it.
"PUBLIC USE" means a development which is publicly
owned,
supported
or
subsidized
involving
public
assembly or use. Public uses typically may include the
following and similar uses as parks, libraries, arenas,
museums, art galleries, hospitals, cemeteries, tennis
courts, swimming pools and other indoor and outdoor
recreational activities.
"PUBLIC UTILITY" means the right-of-way for one or
more of the following: telecommunications systems,
water works systems, irrigation systems, systems for
the distribution of gas, whether natural or artificial,
systems for the distribution of artificial light or electric
power, heating systems, or sewage systems and any
buildings incidental to these services, but not including
an office as defined under "Public Utility Building".
"PUBLIC UTILITY BUILDING" means a building to
house a public utility, offices or service equipment'
"QUASI-PUBLIC USE" means a development which is
used for the meeting, social or recreational activities of
its members, which may or may not include the general
public. Typical quasi-public uses include commercial
schools, indoor and outdoor recreational facilities,
hospitals,
lodges
or
clubs,
cemeteries,
galleries,
museums, and libraries plus any use which may be
described as an eating and drinking establishment,
when designed in conjunction with the above uses.
"REAL PROPERTY REPORT" means a report prepared
by a Member of the Alberta Surveyor's Association that
contains pertinent information on a parcel of land and
the physical development that exists on the subject
parcel.
"RECREATIONAL VEHICLE" means a vehicle that
provides temporary accommodation for recreational or
travel purposes and includes, but is not limited to:
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.22
a) motor homes (R.V.)
e) tent trailers
b) travel trailers,
f) boats on or off trailers, or
c) fifth wheel trailers,
g)a
transportation
trailer
for any of the above.
d) truck campers*
* whether mounted on a truck, other vehicle or not.
"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 purchaser 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
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.
"RESTAURANT SERVICES" means a development that
prepares and serves food and drink for consumption on
and/or off-site. Restaurant Services includes cafes, tea
rooms, licensed restaurants and take out restaurants.
On larger parcels restaurant services may include
catering services, dancing or theatre. Restaurant
Services does not include drive through services.
"RETAIL SERVICES" means the retail sale of groceries,
household
goods,
clothing,
jewelry,
furniture,
appliances,
apparel,
hardware,
printed
matter,
photography, postal services, gifts and souvenirs, office
equipment and similar goods. Retail Services does not
include liquor sales.
"RETAINING WALL" means a structure constructed to
withstand lateral pressure in order to hold back earth,
loose rock or similar materials.
"SALVAGE YARD" means a parcel where vehicles and
other equipment is stored, dismantled, sold for parts or
crushed for recycling.
"SCHOOL" means a publicly supported or privately
operated facility through which an education program is
offered to a student by:
o Public: A universally accessible and publicly funded
school operated by a School Board overseen by the
Province of Alberta,
o Separate: A universally accessible and publicly
funded school operated by a School Board overseen
by the Province of Alberta with a Roman Catholic or
Protestant faith component as part of the curriculum
and/or admission requirement,
o Private: A school established under the School Act
that requires tuition for enrolment,
o Charter: A public school that is operated on a not for
profit basis and offers an innovative or enhanced
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.23
program under the School Act,
o Early Childhood: A school that offers an early
childhood program authorized under the provisions of
the School Act.
"SCREEN", "SCREENED" & "SCREENING" means a
visual or sound barrier to separate one building or use
from another, usually on an adjoining parcel.
"SECONDARY SUITE" means a self contained dwelling
that is located within a primary dwelling and in
compliance with Alberta Building Code requirements.
"SENIOR'S RESIDENCE" means a residence other
than an independent adult residence or supportive living
residence as defined in this Bylaw, for the housing of
senior citizens. A senior's residence may include some
minor out-patient medical services.
"SERVICE STATION" means a development that
includes a gas bar and service area for repairs of
vehicles; and may include a car wash and convenience
services;
"SETBACK" means the distance that a development, or
a specified portion of it, must be set back from a
property line. The setback shall be measured from the
building foundation to front, rear, or side property lines.
"SHIPPING
CONTAINER
(sea-cans)"
means
a
standardized, reusable container that is or appears to
be originally designed for or used in the packaging,
shipping, movement or transportation of freight or
commodities, or designed for or capable of being
mounted on a chassis or bogie for movement by truck
trailer or loaded on a ship. Intermodal containers made
of corrugated metal and any shipping container used for
storage is included in this definition.
"SHOPPING CENTRE" means a group of commercial
establishments that are planned or managed as a unit
and provide a wide variety of goods and professional,
retail and personal services.
"SHOW HOME AND SALES OFFICE" means a home
that serves to advertise a home builder product and
also provides an office to conduct the sale of property
and homes within the neighbourhood.
"SIGN" means an object or device intended for the
purpose of advertising or calling attention to any
person, matter or event.
"SIGN OWNER" means any person who is described on
a sign; whose name, address or telephone number
appears on a sign; who is in control of a sign; or who is
the subject of or intended to benefit from a sign. There
may be more than one sign owner of a sign.
"SHOW HOME" means a permanent dwelling which is
constructed for the temporary purpose of illustrating to
the public the type or character of a dwelling or
dwellings to be constructed in other parts of a
subdivision or development area. Show homes may
contain offices for the sale of other lots or dwellings in
the area;
"SITE" means one or more lots or parcels for which an
application for a development permit or subdivision
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.24
approval is made.
"SITE TRIANGLE" means that triangle formed by a
straight line drawn between two points on the exterior
boundaries of a parcel to a specific distance from the
point where they intersect. The specified distance in a
laneway intersection is 3.05 m (10 ft.) while the
distance for other roads is 6.1 m. (20 ft.).
"SOLAR COLLECTOR" means any device used to
collect sunlight that is part of a system used to convert
radiant energy from the sun into thermal (solar-
thermal) or electrical (solar-voltaic) energy.
"SPLIT LEVEL" means a dwelling that has three
separate or more living areas, each separated from the
next by one half-storey, not including the basement.
"STATUTORY PLAN" means a land use plan such as an
Area
Structure
Plan,
Area
Re-development
Plan,
Municipal
Development
Plan
or
Inter-municipal
Development Plan adopted pursuant to Part 17 of the
Act.
"STOREY" means the
habitable
space
between
the
upper
face of one floor and
the
next
above
it.
The upper limit of the
top storey shall be the
ceiling
above
the
topmost
floor.
A
basement
or
cellar
shall be considered a
storey in calculating the height of a building if the upper
face of the floor above it is more than 6.0 ft (1.83 m)
above grade.
"STREET" means:
any public road, including boulevards, sidewalks and
improvements, but excluding a lane, bridge or walkway,
or
a private condominium roadway, or
the
internal
roadway
within
a
residential
park
community.
"STRUCTURE" means a building as defined in this
Bylaw.
"SUBDIVISION AUTHORITY" means a person or body
appointed as a subdivision authority in accordance with
the Municipal Government Act.
"SUBDIVISION & DEVELOPMENT APPEAL BOARD"
means the Village of Irma Subdivision and Development
Appeal Board, established pursuant to Bylaw no. 21-98,
as amended.
"SUBDIVISION" means the process of dividing and
combining parcels of land pursuant to Part 17 of the
Act.
"SUPPORTIVE LIVING" means buildings or units in
buildings that are intended for permanent residential
living where an operator also provides or arranges for
services in order to assist residents to live as
independently as possible.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.25
"SURVEILLANCE SUITE" means a single residential
unit forming part of a development and used solely to
accommodate a person or persons related as a family
whose official function is to provide surveillance for the
maintenance
and
safety
of
the
development
or
business.
"SWIM POOLS OR HOT TUBS" means a swimming
pool or hot tub that is used for recreational purposes.
"TEMPORARY BUILDING" means a structure which is
permitted to exist for a specific and limited time.
"TRAVEL INFORMATION CENTRE" means a building
and use devoted to the advertising of tourism, cultural
and business services available within the Village of
Irma and surrounding area. A travel information centre
may include a retail service that is focused on travel
related souvenirs.
" UNIT" means a Dwelling or a property as defined
under the Condominium Act.
"USE" means a permitted, prohibited or discretionary
use;
"UTILITY BUILDING" means a building in which the
proprietor of a utility company maintains his office or
offices and/or maintains or houses any equipment used
in connection with the utility.
"VISITOR PARKING STALL" means a vehicle parking
stall intended only for the use of visitors to Dwelling
Units and Live Work Units.
"VETERINARY CLINIC" means a medical facility that is
designed to offer in-patient and out-patient services to
pets and livestock. A kennel or animal holding pen is a
separate use from a veterinary clinic. Where the clinic
includes livestock facilities, the use "Animal Care Facility
- Large Animal" shall be included in the list of uses
within the respective land use district.
"WALK OUT BASEMENT" means a basement in a
building which has a door that exits directly from the
basement to the exterior at grade that is substantially
at the same level as the basement floor.
"WAREHOUSE SALES" means a large building used for
storage and distribution of raw materials, processed or
manufactured goods, and establishments providing
services for those purposes.
"WINDMILL" means a machine that converts wind
energy into rotational energy by means of vanes called
sails or blades.
"YARD" means a required open space unoccupied and
unobstructed by any structure or portion of a structure
above the general ground level of the graded lot, unless
otherwise permitted by this Bylaw.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.26
"YARD - FRONT" means that portion of the parcel
extending across the full width of the parcel from the
front property line of the parcel to the front wall of the
principal building.
"YARD
-
REAR"
means that portion of
the yard extending
across the full width
of the parcel from the
rear property line of
the
parcel
to
the
exterior wall of the
principal building.
"YARD - SETBACK" means a required open space
unoccupied and unobstructed by any structure or use
above the general ground level of the graded parcel,
unless otherwise permitted in this Bylaw.
"FRONT YARD SETBACK" means the setback from the
property line.
"SIDE YARD SETBACK" means the setback from the
subject building or use to the side property line,
extending from the front yard to the rear yard setback
line.
"REAR YARD SETBACK" means the setback from the
subject building or use to the rear property line,
extending across the full width of the parcel.
"YARD - SIDE" means that portion of the parcel
extending from the front yard to the rear yard and lying
between the side property boundary of the parcel to the
exterior wall of the building.
"ZERO LOT LINE" means a lot line where the property
line setback is reduced to 0.0 metres.
"ZONE OF INFLUENCE" means the sub-surface ground
(approximately a maximum of 3.0 metres from the well
shaft on a geo-exchange well) from which heat is
extracted by a geo-exchange well.
TIP: Use provisions cannot be varied by
the
Development
Authority
or
the
Subdivision and Development Appeal
Board.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.27
PART IV: CONTRAVENTION
SECTION 16: CONTRAVENTION
1) Where a Development Authority finds that a
development or use of land or buildings is not in
accordance with:
a) the Municipal Government Act or the regulations,
or
b) a development permit or subdivision approval, or
c) the Land Use Bylaw;
the Development Authority may, by notice in writing,
order the registered owner, the person in possession of
the land or buildings, or the person responsible for the
contravention or all of them to,
a) stop the development or use of the land or buildings
in whole or in part as directed by the notice, or
b) demolish, remove or replace the development, or
c) take such other measures as are specified in the
notice so that the development or use of the land or
buildings is in accordance with the Municipal
Government Act, the regulations, a development
permit, subdivision approval or this Bylaw, as the
case may be.
2) Where a person fails or refuses to comply with an
order directed to him under Subsection (1) or an
order of the Subdivision and Development Appeal
Board
under
Section
645
of
the
Municipal
Government Act within the time specified, the
Council or a person appointed by it may, in
accordance with the Municipal Government Act,
enter upon the land or building and take such action
as is necessary to carry out the order. Where the
Council or a person appointed by it carries out an
order, the Council shall cause the costs and
expenses incurred in carrying out the order to be
registered as a caveat under the Land Titles Act
against the Certificate of Title for the land that is
subject of the order pursuant to Section 646 of the
Municipal Government Act.
3) Where a notice is issued under Subsection (1), the
notice shall state the following and any other
information
considered
necessary
by
the
Development Authority:
a) An explanation of the contravention, and a
statement indicating under which provisions of
this Bylaw or the Act the order is being carried
out, and
b) The alternatives and processes which the person
responsible for the contravention may pursue in
order to correct the contravention, and
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.28
c) A time frame in which the contravention must be
corrected prior to the Village pursuing action, and
d) Advise the person of his right to appeal the notice
to the Subdivision and Development Appeal
Board.
SECTION 17: ENFORCEMENT
This Bylaw may be enforced, and the contravention of
any provisions contained herein restrained, by the Court
of Queen's Bench of Alberta upon action brought by
Council, whether or not any penalty has been imposed
for the contravention.
1)
A person who:
a)
contravenes any provision of the Act or the
regulations under the Act,
b)
contravenes this Bylaw,
c)
contravenes an order under Section 29 of
this Bylaw and/or Section 645 of the Act,
d)
contravenes a development permit or
subdivision approval or condition attached
thereto, and/or
e)
obstructs or hinders any person in the
exercise or performance of his powers or
duties under this Act, the regulations under
the Act or this Bylaw,
is guilty of an offense and is liable to a fine
prescribed in Section 566 of the Municipal
Government Act.
2)
If a person is found guilty of an offense under this
Section
or
Section
557
of
the
Municipal
Government Act, the Court may, in addition to
any other penalty imposed, order the person to
comply with:
a)
the Act and the regulations under the Act,
b)
this Bylaw,
c)
an order under this Section and/or Section
645 of the Act, and/or
d)
a
development
permit
or
subdivision
approval or a condition attached to a
development
permit
or
subdivision
approval.
3)
Any written notice, or order, or decision that is
required under any provision of this Bylaw to be
provided to any person shall be deemed to have
been so provided if it is:
a)
delivered personally to the person or their
agent it is directed to, or
b)
mailed by certified mail to the last known
address of the person it is directed to.
4)
If a person is found guilty of an offense under
Subsections (1) or (2), the Court may, in addition
to any other penalty imposed, order the person to
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.29
comply with the Act, Village of Irma Land Use
Bylaw, or a development permit, as the case may
be.
TIP: STOP ORDERS are best suited for
physical structures or uses that are not
easily relocated.
Easily moved structures such as vehicles
and trailers, unsightly yards or public
safety issues are often better enforced
through Section 545 of the Act.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.30
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.31
PART V: PERMIT PROCESS
SECTION 18: DEVELOPMENT CONTROL
1) No development other than that designated in
Section 20: Development Permit Not Required shall
be undertaken within the Village of Irma unless an
application for
it
has
been approved and a
development permit has been issued.
SECTION 19: SAME OR SIMILAR USE
1) The uses which are listed in the permitted and
discretionary use columns under the land use
districts are not intended to be exclusive or
restrictive. Where a specific land use does not
conform to the wording of any definition, the
Development Authority may, at its discretion,
determine that the use conforms to the spirit and
intent of the purpose of the land use district and is
determined to be similar to other uses in that land
use district.
2) Notwithstanding the above, all uses determined as
"same or similar" shall be considered discretionary.
3) Same or similar provisions may not be used in any
District where the proposed use is clearly defined as
an allowable use in a different land use district.
4) Uses or buildings that have special provisions in this
Bylaw that prohibit the said use being eligible for a
"same or similar use" application are not applicable
under this Section.
TIP: As an example, a post office can be
regarded as an institutional use; but if
Post Office appears as a separate use in
a land use district it cannot be approved
as an institutional use in any district.
SECTION 20: DEVELOPMENT PERMIT NOT
REQUIRED.
1) Except as provided in subsection (2) no person shall
commence any development unless he has been
issued a development permit in respect thereof.
2) A development permit is not required for the
following development provided that the proposed
development conforms to all provisions of this Bylaw
and any other relevant land use related Bylaw
adopted by the Village of Irma:
a)
the maintenance or repair of any building if
the
work
does
not
include
structural
alterations, or the enlargement of a structure,
or
b)
the completion of a development which was
under construction in accordance with a lawful
development permit issued at the effective
date
of
this
Bylaw
provided
that
the
development is completed within the time
limit of such a permit, or
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.32
c)
the completion, alteration, maintenance or
repair of a street, lane or utility, undertaken
upon
a
public
thorough-fare
or
utility
easement, or undertaken to connect the same
with any lawful use of buildings or land, or
d)
temporary signs in compliance with the Village
of Irma sign regulations, or
e)
landscaping where the proposed grades will
not adversely affect the subject or adjacent
properties, except where landscaping forms
part
of
a
development
and
requires
a
development permit, or
f)
the erection or construction of gates, fences,
walls or other means of enclosure (other than
on corner parcels or where abutting on a road
used by vehicular traffic) less then 0.91 m
(3.0 ft) in height in front yards and less then
1.83m (6.0 ft) in side and rear yards, and the
maintenance,
improvement
and
other
alterations of any gates, fences, or walls or
other means of enclosure provided height
maximums
herein
prescribed
are
not
exceeded, or
g) a temporary building, the sole purpose of which is
incidental to the erection or alteration of a
building or development, for which a permit has
been issued under this Bylaw, provided that the
temporary building shall be removed within one
(1) year of the commencement of construction or
upon completion of the building or development
where it is completed in a period of less than one
(1) year, or
h)
the construction of sidewalks and driveways
provided that such sidewalks and driveways
shall be located in a manner where they do
not constitute a traffic hazard and shall be
maintained in a clean, tidy and safe condition,
or
i)
hard-surfacing of any yard area upon a
residential parcel for the purposes of providing
vehicular access from a public roadway to an
on-parcel parking stall provided that such hard
surfacing does not exceed 7.5m in width and
does not direct surface drainage onto adjacent
lands.
j)
the
construction
of
a
pre-manufactured
accessory
building
less
than
10.0
m2
(107.6 ft2) in area, or a patio less than 14.86
m2 (160 ft2), provided that the side and rear
setbacks are maintained, or
k)
in
all
land
use
districts,
television
or
communication aerials, masts or towers,
where such things are freestanding, attached
to or placed on a building, provided that the
structure does not exceed the maximum
height of 12.2 m (40 ft) nor does it encroach
onto any adjacent property or roadway, is not
located within the front yard setback, no
variance
of
any
provision
or
regulation
applicable thereto in this Bylaw is requested or
required, or
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.33
l)
Above ground swimming pools that have a
volume less than 6.11 cubic metres (72 cubic
feet) or
m) Home schooling of a student within the
dwelling occupied by the said student, or
n) flag
poles
within
any
yard
provided
a
minimum 1.0 metre setback from the property
line is maintained, the height of the pole is no
greater than 6.0 metres (19.7 ft.), and the
structure is not located within a sight triangle
or a vehicular access driveway, or
o) Personal
use
playground
equipment,
landscaping features, sand boxes, bird houses,
etc.
SECTION 21: PERMIT APPLICATION
1) An application for a development permit shall be
made to the Development Officer in writing on the
application provided by the Village and shall:
a)
be signed by the registered owner or his or
her agent where a person other than the
owner is authorized by the owner to make
application.
The
correctness
of
the
information supplied shall, when required
by the Development Officer, be verified by
a Statutory Declaration.
In the case of a development permit
application proposed within a condominium
or a property held in common by a
community,
an
authorized
person
representing the condominium board or
landowner
association
shall
also
be
required to sign the application.
In the case of multiple owners on a
property that are not listed as joint
tenants, the Development Officer, may
require
consent
to
the
proposed
development
from
the
additional
landowners,
b)
state the proposed use or occupancy of all
of the land and buildings, and such other
information as may be required by the
Development Officer, and
c)
at the discretion of the Development
Officer, include site plans in duplicate at a
scale satisfactory to the Development
Officer, who may require any or all of the
following:
i.
Front, side, flanking and rear yards,
ii.
Outlines of the roof overhangs on all
buildings,
iii.
North point,
iv.
legal
description
and
municipal
address of property,
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.34
Figure No. 2: Development Process
v.
legal
description
and
municipal
address of property,
vi.
Scaled plans showing the location of
existing and proposed municipal and
private local improvements, principal
building
and
other
structures
including
accessory
building,
garages, parking spaces, amenity
areas, carports, fences, driveways,
paved areas, and major landscaped
areas
including
buffering
and
screening areas where provided,
vii.
The grades of the adjacent streets,
lanes
and
sewers
servicing
the
property,
viii.
The
exterior
elevations
showing
height, horizontal dimensions and
finishing materials of all buildings,
existing and proposed,
ix.
The lowest finished floor elevation in
either the basement or main floor in
the principal and accessory buildings
where applicable,
x.
On a vacant parcel in a residential
district, the suggested location for a
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.35
future
driveway
and
garage
or
carport, if the application itself does
not include such building as part of
the proposal,
xi.
Storm drainage and grading plan,
xii.
Description
of
proposed
development to take place within
amenity or landscaped areas, and
xiii.
Any other pertinent information or
tests required by the Development
Officer
respecting
the
site
or
adjacent lands.
2) At the discretion of the Development Officer, a letter
from the registered owner may be required
authorizing the right of entry by the Development
Officer to such lands or buildings as may be required
for investigation of the proposed development.
3) The Development Officer may require a statutory
declaration in support of an application for a
development permit.
SECTION 22: PRE-NOTIFICATION
Prior to consideration of an application for development
approval, the Development Authority may:
a) Cause a notice to be posted in a conspicuous
place on the site of the proposed development for
no less than seven (7) days prior to the date of
consideration of the application, or
b) Cause a similar notice to be published once in a
newspaper circulating in the Village, at the
expense of the applicant, or
c) Cause a similar notice to be sent by mail to all
assessed property owners within 60 metres (200
ft) of the site, and to those assessed property
owners who in the opinion of the Development
Authority may be affected, not less than seven
(7) days prior to the date of consideration of the
application.
SECTION 23: REFERRAL PROCESS
1) The
Development
Authority
may
refer
any
development permit application to a government
agency or a third party organization for review and
comment prior to determining the application and
issuing a notice of decision. In particular, referrals
may include, but not be limited to:
a) Alberta Transportation for any development or
sign permit application that is on land adjoining
to Highway No. 14 or Highway No. 881,
b) A Safety Codes provider with respect to any
permit that requires a safety codes permit in
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.36
order to comply with possible conditions of
development permit approval,
c) Alberta Health where the development permit
application may require consultation to ensure
that all land use issues related to health are
addressed,
d) Alberta Environment where the development
permit application includes issues related to site
drainage, groundwater use, impacts on flood
plain lands, etc., or
e) Municipal District of Wainright where the land
subject to the development permit application
requires access from a roadway where the County
is the local road authority.
TIP: Generally, Alberta Environment will
not comment on any proposal unless a
municipal
approval
has
first
been
granted.
SECTION 24: DECISION NOTIFICATION
1) After deciding a development permit application for a
permitted use with variance or a discretionary use
the Development Authority shall:
a) provide the applicant with the written decision,
and
b) include
written reasons for refusal of the
development permit application where the said
application has been refused.
2) Approvals of permits other than Permitted Use-
Compliant buildings or uses shall be posted on the
subject parcel or published in a locally circulating
newspaper.
The
posting/advertisement
shall
include:
a) the location and proposed use of the building or
parcel,
b) the date a decision on the development permit
application was made,
c) that an appeal may be made by a person affected
by the decision by serving written notice of the
intent
to
appeal
to
the
Subdivision
and
Development Appeal Board within (14) days after
the date the notice of decision was made.
3) Where a notice of decision for a development permit
application is provided through written notice, the
appeal deadline shall be fourteen (14) days from the
date of issuance of the notice plus an additional
seven (7) days1 for a total of (21) days where the
notice was delivered through the postal system to an
Alberta address.
4) The Development Authority may provide written
notice of any application for development approval to
1 Section 22 and 23, Alberta Interpretation Act, R.S.A. 2000.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.37
additional landowners within a specified distance of
the subject parcel at its discretion.
TIP: The date of mailing and the date of
receipt don't count towards the 14 day
notice period. Out of province notices
requires an additional week.
SECTION 25: PERMIT EXPIRY
1) The Development Authority may place a time limit
on a development permit where the proposed use or
building is intended to be active on a temporary
basis. The expiry date shall be clearly marked on
the notice of decision. Where not otherwise marked,
permits run with the land and do not have a set
expiry date.
SECTION 26: EFFECTIVE DATE
1) The effective date on an approved development
permit is the date following the expiry of the
statutory appeal period; or the date following the
end of the notice period on the period for which an
appeal may be initiated.
2) Any development carried out prior to the effective
date of the appropriate development permit is done
solely at the risk of the applicant.
3) A development permit will remain in effect until:
a) the date of its expiry should an expiry date be
marked on the notice of decision.
b) it is suspended or cancelled, or
c) it lapses upon the failure of the applicant to
commence development as required on the
notice of decision.
SECTION 27: PERMIT TRANSFERS
1) Permits are generally "run with the land". Change of
ownership of the property will not impact a
development
permit
approval
except
where
otherwise clearly marked on the notice of decision.
Examples of uses that may not run with the land
include some home based businesses or the content
of a sign when the general advertising purpose of
the sign changes in a significant manner.
SECTION 28: DEEMED REFUSAL
1) In accordance with the Act, an application for a
development permit shall, at the option of the
applicant, be deemed to be refused when the
decision of the Development Authority is not made
within forty (40) days, or any extension of that time
period agreed to by the applicant, of the application
being received by the Development Officer and
determined to be complete in form and content.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.38
TIP: It is important to ensure that the
date
when
a
permit
application
is
determined to be complete is recorded as
that is the date when the 40 day timeline
begins.
SECTION 29: SUBSEQUENT APPLCIATION
If an application for a development permit is refused by
the Development Authority, or on an appeal from the
Subdivision and Development Appeal Board, another
application for development:
(a)
on the same lot, and
(b)
for the same or similar use,
may not be made for at least six (6) months after the
date of the refusal, subject to consideration by the
Development Authority.
SECTION 30: SUSPENSION &
CANCELLATION
1) If, after a development permit has been issued, the
Development Officer becomes aware that:
a) the application for the development permit
contains a misrepresentation,
b) facts
concerning
the
application
or
the
development were not disclosed which should
have
been
disclosed
at
the
time
the
application was considered, or
c) the development permit was issued in error;
the Development Officer may suspend or cancel the
notice of decision or the development permit by notice,
in writing, to the holder of the permit, or
i.
The applicant may request that a permit be
suspended through written notice provided that
the commencement of the use or development or
construction has not occurred.
ii.
If a person fails to comply with a notice under
Section 645 of the Act, the Development Officer
or Council may suspend or cancel any existing
development permit by notice, in writing, to the
holder of the permit.
iii.
A
person
whose
development
permit
is
suspended
or
cancelled
under
this
section
through written notice may appeal to the
Subdivision and Development Appeal Board.
SECTION 31: APPEAL PROCEDURE
1) Appeals of Stop Orders, cancellation or suspension of
an
approved
Development
Permit
or
of
a
Development Permit decision are governed by the
Act and the Village of Irma Subdivision and
Development Appeal Board Bylaw.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.39
SECTION 32: NON CONFORMING USE OR
BUILDING
1) Non conforming buildings and uses are generally
regulated in accordance with Section 643 of the Act.
2) Notwithstanding the above, pursuant to Section
643(5)(c) of the Act, the following improvements
may be made to a non-conforming building within
the Village of Irma on a discretionary basis, subject
to the approval of the Development Authority and
conformance to this Bylaw:
a) additions
to
buildings,
provided
they
don't
increase the floor area of a building by more than
10%,
b) new exterior openings to a building,
c) replacement of a maximum of 10% of the
structural elements in a building, or
d) replacement or repair of existing structural
elements that serve the purpose of providing
occupant safety or security of the building.
TIP:
Seasonal
uses
are
often
grandfathered by the courts, even if they
are not operating for six consecutive
months.
A
non
conforming
building
that
is
damaged in excess of 75% may not be
restored.
TIP:
Non-Conforming Use,
Permitted Use - Compliant,
Permitted Use - Variance Required
and,
Discretionary Use
are defined in Section 15 of this Bylaw.
SECTION
33:
PERMITTED
USE
-
COMPLIANT
1) The
Development
Authority
shall
approve
a
development permit application and issue the
development permit where the proposed use or
building is determined to be a Permitted Use -
Compliant.
2) The Development Authority may, as a condition of
issuing a development permit for a Permitted Use -
Compliant, require the applicant to construct or pay
for the construction of the following that are
necessary to serve the development:
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.40
a) public utilities, other than telecommunication
systems or works; and
b) vehicular and pedestrian access.
3) The Development Authority may, as a condition of
issuing a development permit for a Permitted Use -
Compliant, impose conditions in respect of the
following matters:
a) an environmental site assessment, pursuant to
Alberta Environment standards,
b) a phasing plan for the development,
c) a drainage plan to direct surface drainage off of
the subject property and into an approved
receiving area such as a street or alley,
d) compliance with all other municipal, provincial
and
federal
regulations
applicable
to
the
application,
e) compliance with all municipal bylaws applicable to
the application,
f) development
of
identified
landscaping
and
amenity areas,
g) all necessary safety codes approvals,
h) site appearance and outside storage materials,
i) issues related to privacy and public safety during
construction, and
j) a surveyed plot plan showing the location of the
foundation and driveway structure to the property
lines once those features are complete.
4) The Development Authority may, as a condition of
issuing a development permit for a Permitted Use -
Compliant, require the applicant to enter into an
agreement with the Village of Irma pursuant to
Section 650 and 651 of the Act.
5) The Development Authority may, as a condition of
issuing a development permit for a Permitted Use -
Compliant, require the applicant to:
a) compensate the Village for third party costs for
planning, engineering and legal services required
to process and administer the application and
approval,
b) comply with the Village of Irma requirements for
street addressing or site grading, or
c) compensate the Village of Irma for damage to
done to municipal property or improvements
during construction.
6) The
Development
Authority
may
require
the
fulfillment of the conditions referred to in this section
before
commencement
of
construction
or
the
proposed use.
7) A notice of decision for a Permitted Use - Compliant
development permit application shall be given in
writing to the applicant. Additional notifications to
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.41
person(s) other than the applicant are discretionary
on the part of the Development Authority.
8) Appeals to the Subdivision and Development Appeal
Board for decisions under this Section may only be
made by the applicant/landowner within fourteen
(14) days from the date of issuance or the notice of
decision plus an additional seven (7) days2 for a total
of (21) days where the notice is delivered through
the postal system.
9) There is no right of appeal to development permit
approval decisions under this Section except where
provisions of this Bylaw may have been relaxed,
varied or misinterpreted.
SECTION
34:
PERMITTED
USE
-
VARIANCE REQUIRED
1) The
Development
Authority
may,
where
the
proposed use or building is determined to be a
Permitted Use - Variance Required:
a) refuse to approve the development permit
application, or
b) approve the development permit application
and grant a relaxation of the requirement or
2 Section: 22 and 23 of the Alberta Interpretation Act, RSA
2000.
rule to which the proposed use does not
conform, or
c) approve the development permit application
and require as conditions of approval that the
applicant amend specific elements of the plans
to conform with the applicable requirements.
2) Consideration of an approval of a development
permit in accordance with this Bylaw is subject to
the following criteria and considerations:
a) the proposed development would not unduly
interfere
with
the
amenities
of
the
neighbourhood or materially interfere with or
affect
the
use,
enjoyment
or
value
of
neighbouring properties,
b) the purpose of the land use district,
c) whether granting the variance would make the
proposed
development
incompatible
with
existing developments or uses, and
d) sound land use planning principles.
3) The Development Authority may, as a condition of
issuing a development permit for a Permitted Use -
Variance Required, impose the conditions referenced
in Section 33(2) through 33(5).
4) The
Development
Authority
may
require
the
fulfillment of the conditions referred to in this section
before
commencement
of
construction
or
the
proposed use.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.42
5) A notice of decision for a Permitted Use - Compliant
development permit application shall be given in
writing to the applicant. Where the decision is a
refusal, the decision shall include reasons for the
refusal. Notification shall also be performed in
accordance with Section 24 of this Bylaw.
SECTION 35: DISCRETIONARY USE
1) The Development Authority may, as a condition of
issuing a development permit for a discretionary use,
impose conditions in respect of the following
matters:
a) actions to be performed or carried out prior to
the commencement of the development,
b) construction or maintenance of the proposed
development in accordance with the submitted
and approved plans,
c) the appropriate performance of a use,
d) an environmental site assessment,
e) the time or times a use may be carried out,
f) phasing of the proposed use,
g) limits imposed on the development,
h) construction of or payment for public utilities,
other than telecommunications systems or
works, and vehicular and pedestrian access
that are necessary to serve the development,
or
i) the
implementation
of
sound
planning
principles.
2) The Development Authority may, as a condition of
issuing a development permit for a discretionary use,
require the applicant to enter into an agreement with
the Village of Irma pursuant to Section 650 and 651
of the Act.
SECTION 36: VARIANCE PROVISIONS
1) The Development Officer shall consider and
decide upon applications that request a variance
2) The
Development
Officer
may
refer
any
application under Sub-section (1) above to
Council advice.
TIP: If Council is consulted on a
variance request, no Council Member that
participates can later take part as a
member
of
the
Subdivision
and
Development
Appeal
Board
for
that
permit application.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.43
SECTION 37: MANDATORY REFUSALS
1) The
Development
Authority
shall
refuse
a
development permit application when the proposed
development:
a) is neither permitted or discretionary in the
applicable land use district,
b) does not qualify as a same or similar use
without restriction,
c) Is for a use containing a restriction in its
definition that is not met by the proposed use;
d) Is not adequately serviced by infrastructure
and cannot be adequately serviced through
the fulfillment of conditions of approval on an
approved development permit.
Figure No. 3: Appeal Process
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.44
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.45
PART VI: GENERAL REGULATIONS
SECTION 38: ACCESSORY BUILDINGS
1) Where an accessory building is attached to the
principal building on a parcel by a roof or an open or
enclosed structure, except carports where vehicular
access to the rear yard is not obstructed, said
accessory building is to be considered part of the
principal building and not as an accessory building
and
shall,
therefore,
adhere
to
the
setback
requirements for principal buildings as specified in
the land use districts.
2) Residential Accessory Buildings include garages,
carports, sheds, storage buildings, sundecks, patios
or
balconies,
permanently
installed
private
swimming pools, hot tubs and other accessory
structures
such
as
portable
buildings,
non-
commercial television and radio antennas, flag poles
and satellite dishes.
3) Commercial
and
Industrial
Accessory
Buildings
include all buildings that are not determined to be
the principal building or use on the parcel, and may
include:
garages,
product
storage
buildings,
materials stockpiles, outdoor storage, etc.
4) Unless otherwise provided in this Bylaw, accessory
buildings shall be located:
a) a minimum of 3.05 m (10 ft) in a laneless
subdivision and a minimum of 0.91 m (3.0 ft)
in a lane subdivision, from the principal
building;
b) no closer than the front line of the principal
building. This regulation may be relaxed for
garages and carports only where, at the
discretion of the Development Authority,
insufficient setbacks exist to place the building
in the rear yard or side yard. In no case
however, shall the building encroach beyond
the front yard setback;
c) No closer to a flanking street than the closest
part of the principal building.
d) no closer than 0.91 m (3.0 ft) to the rear
parcel line provided there is no encroachment
of any part of the building onto public utility
easements
or
onto
adjacent
property
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.46
maintenance easements. Where the vehicle
approach faces the lane, the garage or carport
shall be no closer than 20 ft (6.1 m) from the
lane;
e) no closer than 0.91m (3.0 ft) to the side
parcel line excepting where an agreement
exists between the owners of adjoining parcels
to have built or build their garages using a
common parcel line, in which case a fire wall
will be constructed;
f) no closer than 0.91 m (3.0 ft) from the side
parcel line and 0.91 m (3.0 ft) from the rear
parcel line in the case of an angular or curved
approach from a lane; and
g) No roof overhang or eaves shall be within
0.15m (0.5 ft) of the side or rear property
boundary.
5) Sundecks higher than 0.61m (2.0 ft) shall adhere to
the site requirements for principal buildings in the
District Regulations.
6) Notwithstanding any provision in this Section, no
accessory building or structure shall be permitted
that, in the opinion of the Development Authority,
will serve to restrict access to the rear yard where a
parcel has vehicular access from the front yard only
and one side yard setback of 3.05m (10 ft) has been
provided to accommodate a driveway for vehicular
passage and general access to the rear of the parcel.
7) Accessory buildings shall not be used as dwellings,
subject to provisions of this Bylaw regarding
Secondary Suites.
SECTION 39: BUILDING DEMOLITION
1) The Development Authority shall require a permit to
demolish a building on a parcel.
2) An application to demolish a building shall not be
approved without a statement or plan, which
indicates:
a) how the operation will be carried out so as to
create a minimum of dust or other nuisance, and
b) the final reclamation of the parcel,
that is satisfactory to the Development Authority.
3) An application for the demolition of a building or
structure is a permitted use in all Land Use Districts.
SECTION 40: BUILDING HEIGHT
1) No building shall be constructed within the Village of
Irma that exceeds 9.1 metres (30 feet) above grade
unless it is:
a) serviced with a standpipe and sprinkler
system, and
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.47
b) is serviced for fire and rescue in a manner
satisfactory to the Village of Irma, or
c) the portion of the building is not normally
accessible by persons as with communication
towers, steeples or facade improvements.
2) No accessory building shall
exceed the height of the
principal
building
on
a
parcel.
3) The height of an accessory
building
shall
be
in
proportion
with
the
principal
and
accessory
buildings on the subject
parcel
and
adjoining
parcels, and shall be in
keeping
with
the
surrounding
neighbourhood.
4) The height of an accessory building
5) The height of a building shall be measured from the
average grade of the parcel.
6) For development that is to exceed 10 metres (32.8
ft) above grade where the adjoining parcel is
districted to a residential district, the setback from
the common property line shall be increased at a
rate of 80% of the additional building height to a
maximum height of 16 metres (52.4 ft) above grade.
TIP: This provision will ensure that a
higher building such as an apartment
block will be further away from the
property line, giving less of a wall effect
onto the neighbouring property.
SECTION 41: CORNER SITES
1)
A parcel abutting two
or more streets shall have
a front yard setback on
each street in accordance
with
front
yard
requirements
for
the
respective land use district.
2)
One
flanking
yard on a parcel
may be subject to
side yard setbacks
in
all
land
use
districts,
unless
a
separate
flanking
setback is described
in the subject land
use district.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.48
3) No person shall erect,
place or maintain within
the site triangle a wall,
fence,
shrub,
trees,
hedge or any object over
0.9 metres (3.0 ft.) in
height above the lowest
street grade adjacent to
the intersection.
4) Finished
grades
within
the site triangle shall not
exceed the general elevation of the roadway by more
than 0.6 m. (2.0 feet).
SECTION 42: CURB CUTS
1) Curb
cuts
shall
be
provided as required by
the
Development
Authority in a manner that
minimizes loss of on-street
parking opportunities and
for the safe and efficient
movement of pedestrians.
SECTION 43: DWELLING DENSITY
1) Except for the following, a maximum of one (1)
dwelling is to be allowed on a single parcel:
a) secondary suites where the maximum number
of dwellings may be increased in accordance
with the provisions of Section 83 of this
Bylaw,
b) multi-unit dwellings such as duplexes, row
housing or apartments; or in the context of a
residential park.
SECTION 44: EMERGENCY ACCESS
1) All parcels shall be designed such that safe,
unrestricted access for fire fighting vehicles and
equipment is afforded to all buildings and parcels in
accordance
with
municipal
and
provincial
fire
authorities having jurisdiction.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.49
SECTION
45:
EXCAVATIONS
AND
GRADING
1) For the purpose of this Section, excavation shall
mean excavation other than for construction or
building purposes including, but not limited to, sand
and gravel mining, topsoil stripping, removing trees
and construction of artificial bodies of water.
2) An application for a development permit for the
excavation, stripping or grading of land, which is
proposed without any other development on the
same land, shall include with the application all of
the following information:
a) Location of the
parcel,
including the
municipal
address,
if
any,
and
legal
description.
b) The area of the parcel on which the
excavation,
stripping
or
grading
is
proposed.
c) The type and purpose of the excavation,
stripping or grading proposed, showing the
dimensions of the operation and/or the
area of the land and depth to which the
topsoil is to be removed.
d) Location
on
the
parcel
where
the
excavation, stripping or grading is to take
place.
e) The condition in which the excavation,
stripping or grading is to be left when the
operation is complete and the use of the
area from which the topsoil is removed.
SECTION 46: FENCING & SCREENING
1) In a residential district:
a) No fence shall be constructed that is:
i.
higher than 1.83 m (6.0 ft) for
that portion of the fence that
does not extend forward beyond
the
foremost
portion
of
the
principal building on the parcel;
and
ii.
higher than 0.91 m (3.0 ft) for
that portion of the fence that
extends
into
the
front
yard
beyond the foremost portion of
the principal building on the
parcel.
b) A flanking street property line that is treated as a
side yard for yard setback purposes shall also be
treated as a side yard for fencing requirements.
c) Where hedges, trellises, arbors, and similar
things are located on or adjacent to a parcel line,
they shall comply with the height requirements
for fences.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.50
d) Multi-unit dwellings shall provide a wooden fence
along the common property line with non-multi-
unit residential buildings, extending beyond the
foremost portion of any principal or accessory
building. Fence height shall be a minimum of
1.52 (5.0 ft.) and a maximum of 1.83 (6.0 ft.)
above grade.
e) The height of a fence is as viewed from the facing
side.
f) Fencing has to be consistent in design and
materials with those on neighbouring properties.
g) Barbed, electric, chicken or pig wire fencing on
property lines is banned within residential land
use districts. Chicken or pig wire may be used in
the interior of a residential lot.
h) Fence posts shall be located on the facing side, or
may be open to both sides where both lot owners
are in agreement with the fence design at the
time of construction.
2) In non-residential districts:
a) Where a parcel fronts onto a street on both the
front and rear yard, development permit approval
is required prior to the erection of any fences on
the property.
b) A solid or chain link fence shall be erected to a
height no less than 1.22 m (4.0 ft.) and no more
than 1.83 m (6.0 ft.) on the property line that
separates a commercial, industrial, public or
quasi public use not including a park from a
residential area.
c) The maximum height of a fence within industrial
properties
may
be
determined
by
the
Development Authority.
3) In urban reserve districts, barbed wire and other
wire fencing may be constructed in support of
agricultural operations.
4) All fences shall be made of materials that are not a
safety hazard to the public.
5) Creosote pole fencing is prohibited within the Village
of Irma.
SECTION 47: HAZARDOUS MATERIALS
1) Notwithstanding the regulations prescribed in the
land use districts, industrial and commercial uses
which involve storing, handling, distributing or
disposing of chemical materials or products shall not
be located on parcels which, in the opinion of the
Development Authority, would be considered unsafe
or may have potential to unduly interfere with, or
affect the use, enjoyment or value of neighbouring
parcels by reason of the storage or containment of
the product or the potential release of the product.
2) The applicant applying for a use pursuant to this
Section shall provide an approved development plan
from the appropriate provincial agencies prior to a
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.51
development
permit
being
issued
by
the
Development Authority.
3) All pressure vessel containers shall be constructed,
located, and inspected in accordance with the
provisions of the Alberta Safety Codes Act, and its
regulations.
SECTION 48: RESIDENTIAL IN-FILL
1) Within the R2 - Residential Land Use District, a
maximum of 25% of the lots within a block or
portion
thereof
that
features
single
detached
dwelling(s) may be re-developed to a duplex or
higher density residential structure.
2) Secondary suites shall not count towards the density
limit for residential dwellings in an in-fill proposal.
TIP: To calculate, count the total
number of lots within the block that are
residential. 25% or 1/4 of those may be
redeveloped to higher density housing.
SECTION 49: LANDSCAPING
1) All land within a parcel that is not covered by a
building,
portable
building,
parking
area(s),
retaining walls or driveway shall be landscaped.
2) The minimum landscaped area of a parcel shall be:
a) Residential
Districts
excluding
apartment
buildings: 10%,
b) Highway
and
Neighbourhood
Commercial
parcels: 5%, or
c) Other: are as per the requirements of the
Development Authority.
3) A development permit approval is required for the
removal of top soil from a parcel.
4) As part of the initial development permit application
for the development of a parcel, the application shall
include:
a) the location of all retaining walls,
b) sidewalks and open parking areas,
c) amenity areas, and
d) general parcel grading and drainage plan.
5) Commercial parcels with off-street parking lots shall
be landscaped by the planting of shrubs, trees
and/or shrubs to the satisfaction of the Development
Authority.
6) Vegetative landscaping shall not impair public safety
or pedestrian movement.
7) All landscaping shall be completed by the end of one
construction season (May through October) following
the occupancy or commencement of use of the
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.52
proposed development, unless an extension is
granted by the Development Authority.
8) The Development Authority may require a financial
guarantee in the form of cash or a letter of credit up
to the value of the estimated cost of completion of
the proposed landscaping.
SECTION 50: LANEWAY ACCESS
1) All properties within the Village of Irma shall have a
developed street access. Laneways for vehicular
access are for seasonal use only.
SECTION
51:
PROHIBITED
&
RESTRICTED DEVELOPMENT
1) Matters
related
to
unsightly
property,
safety
hazards, derelict property, improper storage of
vehicles, waste and chattels, and the improper
parking of vehicles shall be addressed through
Section 546 of the ACT and/or through separate
Bylaw for the Village of Irma.
SECTION 52: ON-SITE ENERGY SYSTEMS
1) Wind Power:
a) Blades on windmills shall conform to the
property line setback requirements of the
subject land use district or 1.5 metres,
whichever is less.
b) Except where mounted on a building, a blade
on a windmill shall have a minimum clearance
of 6.0 metres above grade.
c) An agreement may be entered into with
adjoining landowners to reduce the setback
requirement.
d) Windmill noise is subject to the Village of Irma
noise bylaw.
e) Should a site no longer be required for a
windmill,
the
existing
windmill
shall
be
removed from the site.
f) Windmills shall be of
new
construction
and compliant with
the
latest
Federal
and/or
provincial
design standards.
2) Solar Panels:
a) Solar
panels
that
are affixed to a roof
or wall of an existing
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.53
building shall not require development permit
approval.
3) Geo-Exchange:
a) The zone of influence for a geo-exchange
circulation well shall be contained entirely
within the property boundary of the subject
property, unless a variance is agreed to by the
landowner for the adjoining property,
b) all proposed geo-exchange systems shall be
professionally engineered,
c) developers who wish to provide geo-exchange
as part of a subdivision servicing proposal
shall be required to provide all necessary
engineering plans as part of a land use plan or
subdivision application, and
d) despite being servicing by a geo-exchange
energy system, the subject property shall be
serviced to the property line with both
electrical and natural gas servicing.
4) Energy to Grid Systems:
a) Applicants who wish to produce energy and
sell it through the utility grid shall consult with
the applicable utility regulator and provider
prior to applying for a development permit
approval.
5) Wind Power Application Details:
a) As part of an application for a windmill
structure, the Development Authority may
require:
i. a scaled site plan showing the proposed
tower height, rotor diameter, colour and
proximity
to
property
lines
and
buildings,
ii. a noise analysis at the site,
iii. specifications
for
anchor
design,
foundation and guy wires, and
iv. details on consultation with Alberta
Environment, Nav Canada, Transport
Canada
and
the
Alberta
Energy
Regulator, if applicable.
6) Land Use District Use:
a) Solar panels, windmills and geo-exchange
systems may be installed within any land use
district as an accessory building or use, as
applicable.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.54
b) Windmills
within
residential/commercial
districts shall be located in a manner that will
not
materially
interfere
with
the
use,
enjoyment
or
value
of
neighbouring
properties.
c) The placement of on-site energy systems on a
lot shall be aesthetically compatible with other
development
in
the
surrounding
neighbourhood.
SECTION 53: ON-SITE SERVICING
1) Where a municipal hook up exists, all new
development should be required to connect to
municipal services.
2) A private on-site water supply may be used
provided an agreement is made with the Village
to connect to municipal water supply when that
supply becomes available to the property line.
3) A private on-site water supply for non-potable
use
may
be
developed
as
part
of
a
commercial/industrial use at the discretion of the
Development Authority.
4) A private water well may be considered as an a
discretionary
accessory
use
where
used
in
accordance with (3) above or as part of an
agricultural use.
SECTION
54:
OUTSIDE
STORAGE
&
DISPLAY FOR COMMERCIAL USE
1) Outside storage of goods, products, materials or
equipment shall be kept in a clean and orderly
condition at all times and shall be screened by
means of a solid fence or wall from adjoining
residential uses to the
satisfaction
of the
Development Authority.
2) Temporary outdoor
display of goods or
products for sale,
lease or hire shall
be
arranged
and
maintained
in
a
neat
and
tidy
manner.
SECTION 55: PRINCIPAL BUILDING OR
USE
1) On residential parcels, the residential building(s)
shall be the principal building on that parcel. All
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.55
other detached buildings shall be accessory to the
principal building or use.
2) An accessory building or use where there is no
principal building or use on the property shall be a
discretionary use in all land use districts.
SECTION 56: POLLUTION CONTROL
1) In any land use district, no use of land or a
development may be undertaken in a manner
that would, in the opinion of the Development
Authority:
(a)
unduly interfere with the amenities of the
district, or
(b)
materially interfere with or affect the use,
enjoyment or value of neighbouring parcel,
by reason of potential for contamination of the
water supply for the Village of Irma, excessive
noise,
smoke,
steam,
odour,
glare,
dust,
vibration,
refuse
matter
or
other
noxious
emissions or unsuitable containment of hazardous
materials.
2) The Development Authority may choose to limit
or specify the hours of operation of any
commercial or industrial operation within the
conditions of any Development Permit where
those hours may be a nuisance to neighbouring
properties, businesses and residents.
SECTION 57: PROJECTION INTO YARDS
1) A principal building shall not encroach or project
over or onto a front yard, side yard, rear yard or
required setback, except where as described
below:
a) a chimney, balcony, sill, cornice, eave or other
similar structure to a maximum encroachment of
0.61 metres (2 ft.); and does not encroach into a
side yard intended to provide access unless the
encroachment is a minimum of 2.5 metres (8.2
ft.) above grade,
b) an unenclosed verandah, porch, deck, eave or
canopy or open balcony individual supported by
cantilever, projecting no more than 1.22 metres
(4.0 ft.) into a front yard,
c) unenclosed steps or wheelchair ramp, if the steps
or ramp are:
i. 2.44 metres (8.0 ft) or less above grade,
ii. not located in a required side yard which
provides or is intended to provide access
and the steps would not reduce the side
yard by more than 0.6 metres (2.0 ft.),
iii. eaves of a private garage or other
accessory building if the eaves are not
closer to the parcel line than one-half the
width of the required side yard or 0.61
metres (2.0 ft.), whichever is less,
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.56
iv. a bay or bow window or cantilevered
section of a building which projects into a
front yard to a maximum of 0.61 metres
(2.0 ft.) ,
v. a bay or bow window or cantilevered
section of a building which projects into a
side yard to a maximum of 0.61 metres
(2.0 ft.) where the side yard is intended to
provide access, unless the encroachment is
a minimum of 2.5 metres (8.2 ft.) above
grade, and
vi. a grade level patio or other similar
development may project into a yard
requirement up to the property line.
2) In a commercial district, a canopy or extension over a
front or side yard may project into the yard in
accordance with the sign regulations of this Bylaw.
3) In a commercial district, a canopy or extension into a
rear yard shall not obstruct the normal use of the yard
and shall be a minimum of 3.65 metres (12 ft.) above
grade.
SECTION 58: BUILDING RELOCATION
1) The relocation of a building to or within a parcel
other than structures noted in Section 20:
Development Not Requiring a Permit, shall
require Development Authority approval prior to
the relocation taking place.
2) An application to relocate a building from one
parcel to another shall require:
a) a colour photograph of the building,
b) a statement of the current location of the
building,
c) a statement from a safety codes inspector
identifying the improvements that are
required
to
bring
the
building
into
compliance with the Safety Codes Act,
d) notification of the route, date, and time
that the relocation is to take place, and
e) a site plan showing where the subject
building is to be located within the parcel.
3) The Development Authority may require, where a
development permit is issued for a relocated
building, a letter or credit related to the
development. Where applicable, a letter or credit
may be forfeited should all conditions of the
development permit not be complied with.
4) The Village may require that some or all
renovations identified in the Development Permit
application to be carried out prior to the
relocation of the building. Upon re-location, all
remaining renovations shall be completed within
one year of the issuance of the development
permit.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.57
5) A relocated building is a discretionary use in all
land use districts.
6) All relocated buildings shall be compatible with
respect to age and appearance with other
buildings on the parcel and adjoining parcels once
it is fully renovated.
7) Buildings that are located on sales lots and have
not been used for the intended purpose (ie., a
modular home on a sales lot has never been lived
in), are in good conditions and repair, and comply
with the current standards of the Safety Codes
Act shall be treated as new construction and not
a relocated building.
SECTION 59: PUBLIC UTILITIES
1) Public Utilities and structures are not subject to the
property line setback requirements of this Bylaw. All
setbacks are at the discretion of the Development
Authority.
2) Public utility structures and equipment are a
permitted use in all land use districts except where
specifically regulated elsewhere in this Bylaw.
SECTION 60: CIVIC (STREET) ADDRESS
1) Every residence or business shall have its municipal
address clearly displayed near the front door
entrance in a manner that is recognizable from the
fronting street or sidewalk.
2) Street numbers shall be a minimum of 6" (15 cm) in
height.
SECTION 61: VEHICLE ACCESS
1) Every parcel created shall have either within the
parcel or on an adjoining parcel vehicular access to a
street or avenue.
SECTION 62: ZERO SIDE YARDS
1) Where developments are proposed which include a
zero side yard, the regulations of this section shall
apply.
2) A development for a zero-side yard building shall
include plans showing the grading and drainage onto
adjoining parcels and address any grading
3) Easements
prepared
to the satisfaction of
the Village of Irma
dealing
with
encroachments,
drainage
or
other
matters
may
be
required
as
a
condition of development permit approval.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.58
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.59
PART 7: USE SPECIFIC
REGULATIONS
SECTION 63: ACESSORY FOOD & LIQUOR
SERVICE
1) An accessory food and/or liquor service shall:
a) be subordinate to the principal use in the
building,
b) use the same entrance/exit as the principal
use in the building,
c) not require any additional parking space
allocations, and
d) comply with all applicable health and safety
regulations.
2) An accessory food and/or liquor service may be an
accessory use to a recreational facility such as an
arena, summer fair or campground/R.V. Park.
SECTION 64: ADULT ENTERTAINMENT
BUSINESS
1) Shall not be located within 100 metres (328 ft) of a
park, school, community hall, church or other place
of worship, arena, amusement establishment or
other business that caters specifically to children.
SECTION 65: BED AND BREAKFAST
1) A bed and breakfast operation shall:
a) have
a
maximum
of
three
(3)
guest
bedrooms at any one time,
b) not have more than one employee that is not
a
resident
of
the
principal
residential
building,
c) not include any cooking facilities in a guest
bedroom,
d) not display any signs on the parcel unless
approved by the Development Authority, and
e) may offer one or more meals to the guests
during the stay.
2) A bed and breakfast may share a maximum of two
parking stalls in tandem with other vehicle parking
stalls located on the parcel.
3) A bed and breakfast establishment shall include a
common
amenity/recreation
space
within
the
building and/or yard for guest use.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.60
SECTION 66: CAMPGROUNDS AND R.V.
PARKS
1) A campground means a use:
a) where spaces are provided for temporary
accommodation in recreational vehicles or
tents,
b) that may include an administration building,
laundry or other buildings and structures
related to the campground use,
c) that is serviced in a manner acceptable to the
Village of Irma,
d) that has a minimum of one parking stall per
camping space and one visitor parking stall
per seven spaces, and
e) that
cannot
be
used
for
long
term
accommodation.
2) When
considering
a
campground
use,
the
Development Authority may place specific conditions
on the development permit approval to address:
a) hours of operation,
b) cleanliness and overall appearance,
c) security,
d) a
minimum
10&
of
the
gross area of
the
campground
to
be
developed for
recreational
activities,
e) an emergency response plan, and
f) an emergency access.
SECTION 67: CAR WASH
1) A car wash may be designed within a commercial
land use district to accommodate smaller vehicles.
Larger vehicle car washes shall be located in an
industrial land use district.
2) Car washes that adjoin a residential district parcel
and within 23.0 metres (75.5 ft) of the property line
shall have vacuums within the building and be
screened from the residential parcel.
SECTION 68: CHILD CARE SERVICES
1) Child care service facilities as a principal use shall
include
an
outdoor
recreation
area,
sufficient
employee parking stalls to accommodate staffing and
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.61
pickup/drop-off
requirements and an
emergency
response
plan.
2) Child care services as a
secondary
use
shall
include no employees other than a resident of the
building and a single off-street pickup/drop-off stall.
3) The Development Authority shall consider traffic
impacts in the surrounding neighbourhood, proximity
to parks and mitigation measures to minimize
impacts on adjoining residential properties as part of
the decision making process for a child care service
within a residential area.
SECTION 69: HOTELS & MOTELS
1) Commercial Accommodation through the renting of a
unit in a motel/hotel may include additional services
incl: meeting rooms, restaurants, lounges and
recreational uses within a hotel.
2) Commercial accommodation shall have a minimum
parcel area of 139.35 m2 (1500 ft2) for a single
storey structure and 929 m2 (1,000 ft2) for a second
storey
structure.
Minimum
parcel
areas
for
commercial accommodation higher than two (2)
storeys is at the discretion of the approving
authority.
SECTION 70: COMMUNICATION TOWERS
1) The
Development
Authority may require
the
applicant
for
a
telecommunication
tower,
antenna,
building or equipment
related
to
communications
to
submit
a
statement
regarding the position
or opinion of residents
living
within
150
metres (492 ft) of the
site.
2) Telecommunication
towers, buildings or antenna equipment shall be
removed from the site when no longer required for
the proposed use.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.62
3) Freestanding towers shall be designed to prevent
climbing or sliding down, and their base and
stabilizing lines shall be separately fenced.
SECTION 71: GROUP HOME SERVICES
1) A Group Home shall:
a) be licensed or approved by the appropriate
provincial agency,
b) should be no less than 300 metres (984 ft)
from another group home,
c) shall be of similar design and conform to
housing unit density for the subject land use
district, and
d) shall accommodate staff parking off-street.
2) The Development Authority shall consider proximity
to parks and other amenities and existing/proposed
buffering to minimize
impacts on surrounding
properties.
3) Where a Group Home was formerly a residential
building, the minimum amenity area requirement for
the group home shall be that of the former
residence.
4) The construction of a building for use as a Group
Home shall include an indoor/outdoor amenity area
equivalent to a residence of the same floor area and
number of bedrooms.
SECTION 72: HOME BASED BUSINESSES
1) A Home Based Business shall be operated as a
secondary use only and shall not change the
principal character and external appearance of the
dwelling in which it is located.
2) A Home Based Business may have one non-
illuminated facia sign or nameplate to identify it in
accordance with the sign regulations provided in Part
X of this Bylaw.
3) A Home Based Business shall not use more than
27% of the gross floor area of the residence.
4) A Home Based Business shall not create any dust,
traffic, congestion, late visitations, noise, odours,
noxious fumes, interference with telecommunications
or vibrations emanating from the premise which is
not normally produced by a dwelling unit.
5) A home based business shall not generate any
pedestrian or vehicular traffic or parking that is a
source of inconvenience to adjacent landowners or
tenants.
6) There shall be no outside storage of materials,
commodities or finished products.
7) A home Based Business shall be reviewed upon
receipt of a complaint by an affected landowner. A
permit for a home based business may be suspended
or revoked on the basis of non compliance on 30
days notice.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.63
8) A home Based Business shall not create on-street
parking that may be determined by the Development
Authority to be an inconvenience to adjoining
landowners or tenants.
9) This provision does not apply to home based
businesses that have no non-resident employees, no
signage,
client
visitations
and
is
otherwise
indistinguishable from the principal residential use.
SECTION 73: KENNELS
1) Veterinary clinics or hospitals, pet shops and kennels
shall:
a) not be a source of smell or noise or other
emissions
that
can
adversely
impact
neighbouring properties or uses,
b) be equipped with adequate sound proofing of
pens, rooms and runs, and
c) have indoor exercise runs that are sufficient to
accommodate
the
maximum
number
of
animals that can be housed.
2) The Development Authority shall recommend that
the building plans include a separate air extractor
system in the animal holding area so that heating/air
conditioning is separate from the remainder of the
building
3) The keeping of dogs and other animals in a kennel
shall be in accordance with all Village of Irma Bylaws
governing the keeping of animals.
4) No kennels shall be permitted within a residential
district or within 35.0 metres (114.5 ft.) of a
property within a residential district.
SECTION 74: LIVE/WORK COMMUNITY
1) A live work community shall not be located adjacent
to an existing residential district, but may be located
adjoining to an industrial, highway commercial or
urban reserve district.
2) A live work community shall consist of a minimum of
three (3) parcels that include:
a) a principal residential building,
b) a commercial use and/or building, and
c) an outdoor residential amenity area of no less
than 93 m2 (1,000 ft.2)
3) A commercial building within a live/work district shall
include a separate holding tank to accommodate any
liquid waste products that are not suitable for the
Village of Irma sanitary sewer system.
4) The lot shall be landscaped to ensure that no portion
of the commercial use area of the lot can drain onto
adjoining lots, roadways or any portion of the lot to
be used for a residential use.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.64
5) The initial development permit application on a live-
work parcel shall include both a main residential
building and a commercial use appropriate for the
district.
SECTION 75: MIXED USE DEVELOPMENT
1) Residential and commercial development on the
same lot or within the same building may use either
land use as the principal use.
2) Both uses shall have separate entrances and direct
access to street level.
3) The
residential
use
shall be in the rear of
the building or on an
upper
floor.
The
commercial use shall
be on the ground floor
and front portion of the
building.
4) The residential use shall have a floor area of no less
than 46.45m2 (500 ft2.) for a bachelor unit and an
additional 30.5m2 (100 ft2) for each bedroom in the
dwelling.
5) The Development Authority shall consider the
relationship between the residential and commercial
use and their compatibility with the surrounding
neighbourhood with respect to lighting, ventilation,
privacy and visibility.
6) The residential use
shall
be
serviced
through
off-street
parking. At least one
parking stall shall be
dedicated
for
residential use while
other parking stalls
can
be
shared
between
the
residential
and
commercial uses.
SECTION 76: MULTI-UNIT RESIDENTIAL
1) The
Development
Authority
may
require
the
following as part of an application for a multi-unit
residential dwelling:
a) engineered design plans,
b) geotechnical plans for multi-storey buildings
with separate residential dwellings on each
storey,
c) grading, outdoor recreation, landscaping and
vegetation plans, and
d) a servicing plan.
2) The Development Authority shall be provided with
scaled plans showing:
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.65
a) the location of all buildings and structures on
the parcel,
b) the location and design of permanent signage,
c) the location and design of parking spaces,
access and egress onto the parcel, pedestrian
walkways, refuse storage areas, amenity
areas, landscaped areas and fencing, and
d) the location of exterior lighting including the
parking lot and landscaped areas.
3) Where
allowed
under the subject
land
use
District,
the main floor of a
multi-unit
multi-
floor
residential
building
may
be
used for commercial
purposes.
4) Zero lot line provisions as described in Section 62
apply.
5) Where the total lot area for a duplex dwelling
conforms to the required standard for a duplex on a
single lot, but does not conform to a duplex with
each unit being on a separate lot, th Development
Authority may consider the approval of the building
with the appropriate variance as part of the
Development Permit approval process. Similarly, the
Subdivision Authority may approve the subdivision of
a duplex if the duplex was conformant to this Bylaw
on a single lot, but does not conform with each unit
on its own property with the appropriate variance as
part of the subdivision process.
SECTION 77: PETROLEUM FACILITIES
1) Petroleum facilities shall not be located in any area
that are determined
by the Development
Authority
to
be
a
safety
risk,
have
inappropriate vehicle
circulation or access
to and from public
roadways.
2) An application for a petroleum facility shall include
scaled drawings showing:
a. proposed traffic circulation,
b. off-street parking areas,
c. loading areas,
d. landscaped areas,
e. signage location, and
f. the placement of security fences.
3) The minimum area for a
gas bar shall be 1,207.7
m2 (13,000 ft2).
a. The minimum area
for
a
service
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.66
station shall be 1,486.4 m2 (16,000 ft2).
4) Multi-use facilities shall have a minimum area of no
less than the required minimum area for the use
with the largest minimum area requirement plus
75% of the minimum area requirement for each
additional use.
5) The maximum parcel coverage for buildings, loading
areas, parking areas, drive through, etc. shall be
80% of the parcel.
6) Land not included in parcel coverage shall be
landscaped and vegetated to the satisfaction of the
Development Authority.
7) 15% percent of the parking requirements for a
multi-use facility under this section may be shared
between the various uses.
8) A
minimum
6.1
metre
(20.0
ft.)
setback from
the
property
line shall be
maintained
for all pump
and pump housing units.
9) The installation of petroleum tanks shall conform to
Provincial Standards. Permit approval from the
Provincial Approving Authority shall be included as
supporting information for a development permit
application.
10)
Lighting for the site shall not be directed towards
any adjoining parcel without the prior approval of the
owner listed on the certificate of title for that parcel.
SECTION 78: PLACES OF WORSHIP
1) A place of worship may include a manse as an
accessory building. Where a manse is included a
part of the development; it shall be located, if
possible, on the parcel in a manner that will allow for
its separation into a separate title at a future date.
2) A place of worship should have a minimum frontage
of 30.0 metres (98.4 ft.).
3) Parking areas for a place of worship shall be
screened from adjoining residential properties to the
satisfaction of the development authority through
the use of maintained walls, landscaped earth berm,
hedges or fences.
4) Places of worship are preferred to be located on
corner lots or an internal lot that is adjacent to the
side yard of a non-residential parcel.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.67
5) All portions of the parcel that are not used for
parking, pedestrian access or buildings shall be
landscaped.
SECTION 79: POOLS AND HOT TUBS
1) Swimming pools and hot tubs for private use shall be
secured against entry by the public other than
owners, tenants or guests.
2) It is required that pools and hot tubs be drained in a
manner that does not direct water onto neighbouring
properties.
SECTION 80: PORTABLE BUILDINGS
1) A portable building may also be referred to as a
tarp shed or canvas garage.
2) A maximum of one
portable
building
may be allowed on a
single non industrial
parcel.
3) A portable building is
an accessory building
for the purposes of
this Bylaw in all land use districts, and are
subject to all applicable accessory building
requirements.
4) A portable building is included as part of the
parcel coverage calculation as applicable in all
land use districts.
5) Portable buildings must be maintained in good
repair. A Development Permit issued for a
portable building may be cancelled by the
Development Authority and ordered for removal
from the property pursuant to Section 546 of the
Act should the structure be determined by the
Development Officer to be unsightly or derelict.
6) A portable building shall not be allowed that
would be larger than a permanent building that
would be constructed on the same property for a
same or similar use.
SECTION 81: RESIDENTIAL STANDARDS
1) Dwellings (single detached) as new construction shall
include the following design standards.
a) All components or modules of the dwelling must
be consistent in construction standards and
external appearance.
b) All exterior walls of any residence must be
dimensioned at less than or equal to 3:1 length
to width.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.68
c) Minimum width of any portion of a dwelling must
be 4.8 m (16 ft) not including eaves, decks or
porches. Portions of a dwelling which are less
than 4.8 m (16 ft) in width shall not be included
as part of the length to width ratio for the
dwelling.
d) All homes constructed outside of the Province of
Alberta must comply with the Alberta Safety
Codes Act.
e) Continuous horizontal roof lines facing the front
and rear lot lines shall not exceed more than 6.0
m (20 ft) in length. For side yard property lines
continuous horizontal roof lines shall not exceed
9.1 m (30 ft) in length.
f) All eaves shall be a minimum of 0.30 m (12 in) in
width.
g) All roof pitches must be
a minimum 3:12 (3 feet
of elevation for 12 feet
of
width)
and
be
consistent
or
compatible
with
the
roof pitch through the
entire dwelling, except where approved by an
engineer and authorized under an approved
neighbourhood outline plan, area structure plan
and/or other statutory plan.
h) Open covered decks or verandahs which are
constructed at the same time as the residence
and comply with (g) above may be considered as
floor area of the dwelling for the purpose of
calculating minimum floor area requirements.
i) Skirting shall only be used around dwellings that
are normally designed for that type of exterior
finishing and skirting is widely used in the
surrounding neighbourhood.
j) Parging
shall
be
applied
on
all
foundation/basement finishes as a minimum
standard where this form of finishing is common
in the surrounding neighbourhood.
2) Dwellings which do not conform to Sub-section 1(b)
shall be restricted to Land Use Districts that allow for
Dwelling - Manufactured Home as an allowable use.
3) Residential dwellings considered under this Section
shall aesthetically compatible with other dwellings in
the surrounding neighbourhood.
4) Dwellings that don't conform to Sub-section 1(g)
shall be supported by approved engineered design
standards.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.69
SECTION 82: RESIDENTIAL PARKS
1) A residential park shall provide sites for two (2)
or more single detached dwellings on a parcel.
2) Each residential unit shall have a minimum of two
(2) parking stalls per unit and one (1) visitor
parking stall per ten (10) residential units.
3) Each residential site shall have a minimum area
of 445.9 m2 (4800 ft2).
4) Each residential site shall have a private amenity
area of no less than 40 m2 (430 ft2).
5) Each site shall have a durable base or foundation
for the residence.
6) Each site shall be clearly marked to distinguish
the boundary of adjoining sites and common
lands.
7) All homes within a
residential
park
shall be sized to
comply
with
the
setback provisions
of
the
subject
residential site.
8) A common amenity space shall be provided to a
minimum of 10% of the gross area. This space
shall be developed to service the intended
residential
market
such
as
children
or
independent adult living.
9) The boundary of the residential park shall be
screened from view from adjoining parcels with a
fence to a minimum height above grade of 0.9
metres (3.0 ft.)
10) All utility lines shall be placed underground and
as-built plans shall be submitted to the Village of
Irma for their records.
11) All internal roads and pedestrian walkways
within a residential park shall be hard surfaced,
drained
and
maintained
to
an
approved
standard.
12) Conversion of a residential park to a residential
community with each residence on a separate
lot shall require all sites to conform to the
minimum lot and servicing standards of the
receiving district.
13) A screened and fenced common storage area
shall be included as part of any residential park
and be accessed only from within the park.
14) All residences within a residential park shall
have a length to width ratio of less than or equal
to 3:1, or greater than 3:1.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.70
SECTION 83: SECONDARY SUITES
1) A
development
permit
application
for
a
secondary or garage suite shall be subject to
the following requirements, including, but not
limited to:
a)
include
an
evaluation by
an accredited
Safety
Codes
officer and/
or
Building
Inspector,
b)
compliance with all relevant provisions of
the Alberta Safety Codes, Fire Codes and
Alberta Building Codes, as amended,
c)
minimum floor area of 23.33 m2 (250 ft2)
per occupied suite and a maximum of 4
occupants per suite,
d)
include a kitchen, bathroom and a
separate entrance, and
e)
include adequate off-street parking to
support the proposed use.
2) A
development
permit
application
for
a
secondary suite or garage suite shall be subject
to the following requirements, including, but
not limited to:
a) a secondary suite may be developed only
in a single detached dwelling or the
second floor of a garage in the case of a
garage suite,
b) a secondary or garage suite may only be
developed in a district where "secondary
suite" or "garage suite" respectively is
listed as an allowable use,
c) only one secondary or garage suite shall
be allowed per parcel that includes one
principal dwelling,
d) a secondary suite shall not exceed 40% of
the principal building in the case of a
secondary suite located within a residence,
e) off-street parking shall be as required in
the land use district where it is listed,
f) A garage suite shall have a civic address
sign affixed to the entrance to the suite or
building, and
g) A secondary suite and a garage suite shall
not count towards the housing unit density
referred as part of in-fill development.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.71
SECTION 84: SHIPPING CONTAINERS
1) A shipping container is an allowable building with an
approved development permit in an industrial and
urban reserve district.
2) A shipping container may be
used for the purpose of loading
or unloading household items
or construction materials or
equipment in any district, for a
period of 30 days upon request
of
the
landowner
to
the
development authority without the requirement for a
development permit.
3) Shipping containers shall be treated as an accessory
building for the purpose of location within a parcel,
except when used under Sub-section 2 above.
4) Where Sub-section 2 above is applicable, the
shipping container may be located within a front
yard driveway.
5) Shipping containers shall not be used as a fence in
any land use district
6) Shipping containers shall not eliminate or interfere
with parking, loading or the manoeuvring of vehicles
or pedestrians on the site.
SECTION 85: SURVEILLANCE SUITES
1) Surveillance suites shall be compatible with and
accessory to the principal use on the subject parcel,
and be compatible with uses on adjoining properties.
2) A surveillance suite shall not interfere with future
development or land uses on adjoining properties.
3) Where a surveillance suite is attached to the
principal building on a site by a roof, an open or
enclosed structure, a floor or a foundation, it shall be
treated as part of the principal building.
4) Property line setbacks for surveillance suites shall be
as per the regulation in the applicable land use
district.
5) Surveillance suites, as detached buildings, shall have
a minimum setback to other buildings of 1.83m (6.0
ft) or as required to meet Safety Codes Act
requirements.
6) Surveillance suites shall not be located in the front
yard of a lot.
7) A surveillance suite shall have a minimum floor area
of 46.45 m2 (500 ft2) and a maximum floor area of
92.9 m2 (1,000 ft2), not including a basement.
8) Surveillance suites shall be finished and maintained
in a manner that is compatible with the other
buildings on the subject property and surrounding
neighbourhood.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.72
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.73
Part 8 : PARKING REQUIREMENTS
SECTION 86: GENERAL REQUIREMENTS
1) Parking stalls and loading spaces shall be clearly
marked and regularly maintained in the parking
facility.
2) Except
where
exempted
through
specific
development permit approval, all off-street parking
areas shall be separated from streets/sidewalks by a
landscaped buffer at least 0.91 m (3.0 ft) in width.
3) Necessary curb-cuts shall be constructed according
to Village of Irma Municipal Standards.
4) Where the off-street parking spaces exceeds two
stalls, each stall and access from the street shall be
hard surfaced to Village of Irma Municipal Standards.
5) Parking areas shall be graded in a manner that will
not direct surface water flows across the parcel
boundary
unless
where
approved
by
the
Development
Authority
and/or
Public
Works
Department.
6) Parking
facilities
shall
be
adequately
lighted.
Lighting shall not be directed towards parcels
districted to a residential land use district or other
parcels where the lighting may adversely impact the
parcel or its use.
7) Parking for physically handicapped shall be provided
in accordance with Provincial Design Standards, and
shall be clearly marked. As a guide, 5% of
customer/resident parking stalls should be barrier
free to a maximum of 4 stalls per business. Barrier
free parking should also be proximal to the main
entrance of the subject building.
8) All parking areas shall conform to the following
design standards, except where varied by the
Development Authority due to specific on-site
considerations:
(a)
stall widths shall be a minimum of 2.6 m. (8.5
ft.),
(b)
stall depth shall be 5.8 m (19 ft.),
(c)
the maneuovering aisle shall be a minimum
width of 3.5 m (11.5 ft.), and
(d)
the Development authority may adjust the
parking stall and aisle dimensions as required
to suit the type of traffic anticipated to service
the proposed use.
SECTION 87: ON-STREET PARKING
1) On-street parking shall be prohibited except where
allowed by the Village of Irma.
2) On-street parking stalls shall be marked to the
satisfaction of the Village of Irma.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.74
3) On-street parking shall not be used as a means to
satisfy parking requirements in any district other
than where approved by the Development Authority.
4) On-street parking shall not be used to satisfy parking
requirements for secondary suites.
SECTION 88: OFF-STREET LOADING
1) Off-street loading areas shall:
a) be of adequate size and area to accommodate
the proposed use,
b) shall not interfere with pedestrian or other
customer traffic movements,
c) have a clearly defined traffic aisle to a street
or lane,
d) be
sited
to
an
elevation
or
elevations
convenient to a major floor level in the
building or to a utility elevator serving each
major floor level,
e) have an overhead clearance of no less than
5.49 m (18 ft) above grade,
f) be graded and drained to dispose of all surface
water
in
a
manner
satisfactory
to
the
Development Authority. Surface water shall
not be directed across sidewalks or property
lines without the approval of the Development
Authority,
g) be surfaced in the same manner as the off-
street parking facility serving the same
building, and
h) be screened on each side adjoining or fronting
any parcel in a residential district by a hedge,
wall, earth berm or fence of no less than 1.52
m (5.0 ft) in height to the satisfaction of the
Development Authority.
SECTION 89: PARKING REQUIREMENTS
1) Change of use or the intensity of use shall require a
re-calculation of parking requirements under this
Section and where applicable, under the applicable
section this Part of the Land Use Bylaw.
2) The number of parking stalls required to serve a use
on-site may be adjusted at the discretion of the
Development Officer.
3) The Development Authority may assign a same or
similar use to one or more of the requirements
provided in the Table below.
4) Where proposed use(s) falls within one or more
parking requirements, the number of parking stalls
required shall be the sum of those specified for each
individual use.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.75
5) Table 1 on the following page provides minimum
parking stall requirements for individual land uses.
Some land uses have specific requirements provided
in special use provisions of this Bylaw.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.76
USE
STALLS
(# stalls, /seats or /gross floor area)
AGRICULTURE
Exempt
COMMERCIAL
Accessory Food or Liquor Service No additional stalls
Adult Entertainment Business No additional stalls
Auction Sales Discretion of Development Authority
Automotive Sales and Service 1/100m2 (1,076 ft2)
Bars and Lounges 1/4 seats
Car Washes 2 stalls for outdoor drying area, 2 drive thru.
stalls
Child Care Services (Principal Use) As per special use provisions.
Commercial Accommodation 1/suite + 1/employee at peak periods.
Convenience Store 1/502m (538 ft2) of floor space
Drive Through Service Min 3 drive through stalls
Gas Bars 1/100m2 (1,076 ft2)
Kennel 2 stalls +1/employee
Larger Shopping Centres 1/30m2 (323 ft2)
Manufacturing Services
Mixed Commercial/Residential Stalls equal to what is required by each use.
Moving or Cartage 1/employee + 1/100 m2 (1,076 ft2) of gross floor
area
Neighbourhood Shopping Centre 1/40 m2 (430.5 ft2)
Offices 1/ 37m2 (398 ft2)
Outdoor Sales and Service 1/100 m2 (1,0076 ft2) of parcel coverage
Personal Services 1/40 m2 (430.5 ft2)
Petroleum Facility as req. by Development Authority
Private Clubs 1/ 10m2 (107.6 ft2)
Professional Services 1/40 m2 (430.5 ft2)
Restaurant (take out only) 1/14 m2 (151 ft2) plus 1/employee
Restaurants 1/4 seats
Retail Services 1/40 m2 (430.5 ft2)
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.77
Retail Stores (<3,716 m2 (40,000 ft2) 1/ 28 m2 (301 ft2)
Retail Stores (≥3,716 m2 (40,000 ft2) 1/23 m2 (248 ft2)
Service Stations 1/100m2 (1,076 ft2)
Shopping Centre 1/30 m2 (323 ft2)
Travel Information Centre 4 stalls + 1/employee
Veterinary Clinic 3 stalls +1/employee
Warehouse Sales 1/100m2 (1,076 ft2)
INDUSTRIAL
Any Development within an Industrial
District that requires employees/traffic
1/100 m2 (1,076 ft2) of gross floor area +
3/tenant
PUBLIC INSTITUTIONAL
Amusement Establishments
1/5 seats or 1/10m2 (107.6 ft2)
Auditoriums/recreational facilities
1/5 seats or 1/10m2 (107.6 ft2)
Campground
as per special use provisions.
Elementary/Junior High School
5 spaces + 1/daytime employee
EMS Services
1/employee
Health Clinic
1/40 m2 (430.5 ft2)
High School and Other Schools
1/8 students + 1/daytime employee
Kindergarten School
1/32.5 m2 (350 ft2) + 1/ daytime employee
Medical Services
1/ 28m2 (291 ft2)
RESIDENTIAL
Low Density
Duplexes 2
Residential Park Stall 2/unit
Row Housing 2
Secondary Suites 1
Single Detached 2
Visitor Stall 1/10 units
Higher Density
Multi-Unit Dwellings:
a) 1 Bedroom 1
b) 2+ Bedrooms 1.5
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.78
c) Visitors 0.5/ unit
Senior's & Care facilities: 0.6/resident + 1/daytime employee
Visitors 1/10 dwellings
Independent (Active) Adult 2
Show Home & Sales Office 4 spaces total
Residential Other
Bed and Breakfast
1 additional stall
Child Care Services (Secondary Use)
Residential stall requirement +1 stall.
Group Home
1/4 beds
1/ 2 employees
Home Based Business
1 additional stall
Live/Work
2 residential + min 2 commercial.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.79
PART 9: SIGNAGE REQUIREMENTS
SECTION 90: SIGNAGE REGULATION
1) Development Permits shall be required for all
permanent signs within the Village of Irma. All signs
shall be subject to the following:
a) The
Development
Authority
may,
at
their
discretion, require an engineer-approved plan
prior to the issuance of a sign permit in order to
ensure the safe design and placement of a sign,
awning or canopy.
b) Quality, aesthetic character and finishing of sign
construction shall be to the satisfaction of the
Development Authority.
c) No person shall erect or place a sign so that it
would be considered, in the opinion of the
Development Authority, to be a traffic hazard or
obstruct the vision of vehicular traffic.
d) Where, in the opinion of the Development
Authority, a proposed sign in a commercial or
industrial land use district might be objectionable
to a resident in any adjacent residential land use
district, the Development Authority may impose
such other regulations as they feel would protect
the interests of residents including but not limited
to periodic checks of the light being directed by a
lighted sign as well as controlling the hours that
lighted signs remain lighted.
e) Flashing, animated or interiorly illuminated signs
shall not be permitted in any land use district
where, in the opinion of the Development
Authority, they might:
i.
affect residents in adjacent housing or
residential land use districts, or
ii.
interfere with or obstruct a motor vehicle
driver's
vision
or
interpretation
of
oncoming traffic signs or traffic signal
lights.
f) Notwithstanding Subsection (1), no person shall
exhibit or place an illuminated sign that permits
or provides for:
i.
A current interrupting or flashing device
unless there is a continuous source of
concealed illumination on the translucent
portions of the sign,
ii.
A flashing beacon of a type that is the
same
or
similar
to
those
used
by
emergency vehicles,
iii.
A flashing device, animator or revolving
beacon within 50.29 m (165 ft) of the
intersection
of
two
or
more
public
roadways, or
iv.
A device described in Subsection (90)(c)
that would be directly visible from any
residential building within a distance of
50.29 m (165 ft) of the sign.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.80
2) The area around sign structures shall be kept clean
and free of overgrown vegetation and free from
refuse material.
3) The Development Authority may require the removal
of any sign which, in their opinion, is or has become
unsightly or is in such a state of disrepair as to
constitute a hazard.
4) The Development Authority may require that the
owner of any sign indemnify the Village of Irma in an
insurance policy related to any approved private
sign.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.81
PART 10: DISTRICT REGULATIONS
SECTION 91: GENERAL REGULATIONS
1) The Village of Irma is divided into Land Use
Districts and the boundaries of each and every
district are described on the Land Use District
Map, which forms part of this Bylaw.
2) Where uncertainty arises as to the precise
location of the boundary of any district as shown
on the Land Use District Map, the following rules
apply:
Rule 1: Where the boundary is shown as
following a public roadway or lane it shall be
determined to follow the near side right of
way boundary of the roadway or lane,
Rule 2: Where a boundary is shown as
approximately following a property line, it
shall be deemed to be following the said
property line; and
Rule 3: In circumstances not covered by Rule
1 and Rule 2, the location of the District
boundary shall be determined by:
o Dimensions set out within the Land Use
District map, or
o Dimensions as established through the
use of the scale bar shown on the Land
Use District Map.
3) Where Land Use Districts are established as part
of the Subdivision process, the districts shall be
understood to conform to the boundaries shown
on the plan of survey or the Certificate of Title for
the subject parcel.
4) The District regulations do not apply to public
roadways, lanes or public utilities.
5) Special Use Provisions are provided in Part VIII of
this Bylaw.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.82
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.83
SECTION 92: R1 - RESIDENTIAL
1) PURPOSE: The purpose of this District is to provide
for a residential neighbourhood that is intended to be
exclusively for single detached homes. Secondary
buildings and uses are to be compatible with the
character of the neighbourhood.
2) USES: Permitted (P) and Discretionary (D) Uses are
provided in the Table below:
BUILDING OR USE
P/D
ACCESSORY BUILDING OR USE
P
BED AND BREAKFAST
D
CHILD CARE SERVICE
D
DWELLING - MOBILE HOME (existing)
D
DWELLING - SINGLE DETACHED
P
HOME BASED BUSINESS
D
PARK
P
PLACE OF WORSHIP
D
PUBLIC & QUASI PUBLIC BULDING OR USE
P
PUBLIC UTILITIES
P
SHOW HOME AND SALES OFFICE
D
SECONDARY SUITE
D
SWIMMING POOL & HOT TUBS
P
3) YARD REGULATIONS:
YARD MINIMUM
MINIMUM
REQUIREMENTS
FRONT
SIDE
REAR
FLANKING
7.5 m (24.6 ft.)
1.5 m (4.9 ft.)
7.5 m (24.6 ft.)
3.0 m (9.8 ft.)
4) PARCEL REGULATIONS:
PARCEL FEATURE
MINIMUM
REQUIREMENTS
AREA
560 m2 (6027.8 ft2)
DEPTH
37.3 m (122.4 ft)
WIDTH
15 m (49.2 ft.)
5) ADDITIONAL REQUIREMENTS:
a) Floor area of the residential portion of the home
not including garages, decks or portions shall not
be less than 111.5 m2 (1,200 ft2). All other
buildings at the discretion of the Development
Authority.
b) Parcel coverage for residential use is maximum
40%. Other uses are at the discretion of the
Development Authority.
c) Maximum building height is 9.14 m (30 ft.).
d) Mobile homes within this District cannot be
replaced.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.84
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.85
SECTION 93: R2 - RESIDENTIAL
1) PURPOSE: The purpose of this District is to provide
for a residential neighbourhood that is intended to be
exclusively for single detached homes and some
medium density housing. Secondary buildings and
uses are to be compatible with the character of the
neighbourhood.
2) USES: Permitted (P) and Discretionary (D) Uses are
provided in the Table below:
BUILDING OR USE
P/D
ACCESSORY BUILDING OR USE
P
BED AND BREAKFAST
D
CHILD CARE SERVICE
D
DWELLING - DUPLEX
D
DWELLING - MANUFACTURED HOME
D
DWELLING - MOBILE HOME (existing)
D
DWELLING - ROW HOUSING
D
DWELLING - SINGLE DETACHED
P
DWELLING - TRIPLEX
D
HOME BASED BUSINESS
D
PARK
P
PLACE OF WORSHIP
D
PUBLIC & QUASI PUBLIC BULDING OR USE
P
PUBLIC UTILITIES
P
BUILDING OR USE, CONTINUED
P/D
SECONDARY SUITE
D
SHOW HOME AND SALES OFFICE
D
SWIMMING POOL & HOT TUBS
P
3) YARD REGULATIONS:
YARD MINIMUM
MINIMUM
REQUIREMENTS
FRONT
SIDE
REAR
FLANKING
7.5 m (24.6 ft.)
1.5 m (4.9 ft.)
7.5 m (24.6 ft.)
3.0 m (9.8 ft.)
4) PARCEL REGULATIONS:
PARCEL FEATURE
MINIMUM
REQUIREMENTS
AREA
460 m2 (4951.4 ft2)
DEPTH
37.3 m (122.4 ft)
WIDTH
15 m (49.2 ft.)
5) ADDITIONAL REQUIREMENTS:
a) Floor area of the residential portion of the single
detached or manufactured home not including
garages, decks or portions shall not be less than
93 m2 (1,000 ft2). All other buildings at the
discretion of the Development Authority.
b) Minimum floor area for duplex or triplex housing,
not including garages, decks or portions thereof
shall not be less than 55m2 (592 ft2). All other
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.86
buildings are at the discretion of the Development
Authority.
c) Parcel coverage for residential use is maximum
40%. Other uses are at the discretion of the
Development Authority.
d) Maximum building height is 9.14 m (30 ft.).
e) Mobile homes within this District cannot be
replaced.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.87
SECTION 94: R3 - RESIDENTIAL
1) PURPOSE: The purpose of this District is to provide
for a residential neighbourhood that is intended to be
high density. Secondary buildings and uses are to
be
compatible
with
the
character
of
the
neighbourhood.
2) USES: Permitted (P) and Discretionary (D) Uses are
provided in the Table below:
BUILDING OR USE
P/D
ACCESSORY BUILDING OR USE
P
BED AND BREAKFAST
D
CHILD CARE SERVICE
D
DWELLING - APARTMENT
P
DWELLING - FOURPLEX
P
HOME BASED BUSINESS
D
PARK
P
PLACE OF WORSHIP
D
PUBLIC & QUASI PUBLIC BULDING OR
USE
P
PUBLIC UTILITIES
P
SECONDARY SUITE
D
SHOW HOME AND SALES OFFICE
D
SWIMMING POOL & HOT TUBS
P
3) YARD REGULATIONS:
YARD MINIMUM
MINIMUM
REQUIREMENTS
FRONT
SIDE
REAR
FLANKING
9.0 m (29.5 ft.)
3.0 m (9.8 ft.)
7.5 m (24.6 ft.)
3.0 m (9.8 ft.)
4) PARCEL REGULATIONS:
PARCEL FEATURE
MINIMUM
REQUIREMENTS
AREA
930 m2 (10,000 ft2)
DEPTH
37.3 m (122.4 ft)
WIDTH
15 m (49.2 ft.)
5) ADDITIONAL REQUIREMENTS:
a) Floor area is at the discretion of the Development
Authority.
b) Parcel coverage is at the discretion of the
Development Authority.
c) Maximum building height is 9.14 m (30 ft.),
except where an exemption is considered due to
on-site measures that allow for proper fire
protection.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.88
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.89
SECTION 95: RP - RESIDENTIAL PARK
1) PURPOSE: The purpose of this District is to provide
for a residential neighbourhood that is intended to be
exclusively for single detached homes. Secondary
buildings and uses are to be compatible with the
character of the neighbourhood.
2) USES: Permitted (P) and Discretionary (D) Uses are
provided in the Table below:
BUILDING OR USE
P/D
ACCESSORY BUILDING OR USE
P
BED AND BREAKFAST
D
CHILD CARE SERVICE
D
CONVENIENCE RETAIL STORE
D
DWELLING - MANUFACTURED HOME
P
DWELLING - SINGLE DETACHED
P
HOME BASED BUSINESS
D
PARK
P
PLACE OF WORSHIP
D
PUBLIC & QUASI PUBLIC BULDING OR USE
P
PUBLIC UTILITIES
P
RESIDENTIAL PARK
P
SHOW HOME AND SALES OFFICE
D
SWIMMING POOL & HOT TUBS
P
3) YARD REGULATIONS:
YARD MINIMUM
MINIMUM
REQUIREMENTS
FRONT
SIDE
REAR
FLANKING
6.0 m (19.7 ft.)
1.5 m (4.9 ft.)
6.0 m (19.7 ft.)
3.0 m (9.8 ft.)
4) PARCEL REGULATIONS:
PARCEL FEATURE
MINIMUM
REQUIREMENTS
AREA
8,094 m2 (2.0 ac.)
RESIDENTIAL SEPARATION 4.5 m (15 ft.)
LOT WIDTH
15 m (49.2 ft.)
5) ADDITIONAL REQUIREMENTS:
a) Floor area of the residential portion of the home
not including garages, decks or portions shall not
be less than 93 m2 (1,000 ft2). All other buildings
at the discretion of the Development Authority.
b) Parcel coverage for residential use is maximum
60%. Other uses are at the discretion of the
Development Authority.
c) Maximum building height is 9.14 m (30 ft.).
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.90
d) Residences
within
a
residential
park
or
subdivision must be of similar design, length to
width dimension and appearance.
e) Pursuant to Section 284(n) of the "Act", (no
communities as of the July 1, 2015) is designated
as a manufactured home community.
f) Maximum residential density is one residence per
lot unless within an approved residential park.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.91
SECTION 96: LW - LIVE WORK
1) PURPOSE: The purpose of this District is to provide
for a low density residential and commercial mixed
use neighbourhood as a "live-work" community.
2) USES: Permitted (P) and Discretionary (D) Uses are
provided in the Table below:
BUILDING OR USE
P/D
ACCESSORY BUILDING OR USE
P
BED AND BREAKFAST
D
CHILD CARE SERVICE
D
COMMERCIAL LIVE/WORK
D
DWELLING - SINGLE DETACHED
P
HOME BASED BUSINESS
D
KENNEL
D
PARK
P
PUBLIC & QUASI PUBLIC BULDING OR USE
P
PUBLIC UTILITIES
P
RESIDENTIAL PARK
D
SECONDARY SUITE
D
SHOW HOME AND SALES OFFICE
D
SINGLE DETACHED DWELLING
P
SWIMMING POOL & HOT TUBS
P
VETERINARY CLINIC
P
3) YARD REGULATIONS:
YARD MINIMUM
MINIMUM
REQUIREMENTS
FRONT
SIDE
REAR
FLANKING
7.5 m (24.6 ft.)
1.5 m (4.9 ft.)
7.5 m (24.6 ft.)
3.0 m (9.8 ft.)
4) PARCEL REGULATIONS:
PARCEL FEATURE
MINIMUM
REQUIREMENTS
AREA
0.1 ha. (0.25 ac.)
DEPTH
45.0 m (147.6 ft)
WIDTH
15 m (49.2 ft.)
5) ADDITIONAL REQUIREMENTS:
a) Building footprint of the residential portion of the
home not including garages, decks or portions
shall not be less than 93 m2 (1,000 ft2). All other
buildings at the discretion of the Development
Authority.
b) All live/work properties shall have an outdoor
residential recreational area of similar size to that
which is characteristic in an R1 Land Use District.
c) A minimum of 10% of the parcel shall be
landscaped.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.92
d) Commercial uses shall be limited to the first
storey and shall have a separate outside entry
from that of the residential use if sharing the
same building.
e) Commercial uses permitted within this District
include, but are not limited to owner/operator
businesses that have a maximum of 3 off-site
employees on-site at the same time.
f) Maximum building height is 9.14 m (30 ft.).
g) Noise such as diesel engines running during the
evening, loading of construction equipment and
other similar noise impacts are determined by the
Development Authority to be acceptable and in
character with the purpose of this District.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.93
SECTION 97: C1 - URBAN CENTRE
1) PURPOSE: The purpose of this District is to provide
for a commercial core area within the Village of Irma
for
the
primary
purpose
of
offering
retail,
professional
and
institutional
services
to
area
residents.
2) USES: Permitted (P) and Discretionary (D) Uses are
provided in the Table below:
BUILDING OR USE
P/D
ACCESSORY BUILDING OR USE
P
AMUSEMENT ESTABLISHMENT - INDOOR
D
COMMERCIAL ACCOMMODATION
P
CONVENIENCE SERVICES
P
DWELLING - SINGLE DETACHED
D
HOME BASED BUSINESS
D
MEDICAL SERVICES
P
MIXED COMMERCIAL/RESIDENTIAL
D
PERSONAL SERVICES
P
PLACE OF WORSHIP
P
PUBLIC & QUASI PUBLIC BULDING OR USE
P
BUILDING OR USE CONTINUED
P/D
PUBLIC UTILITY
RESTAURANT SERVICES
SECONDARY SUITE
D
SWIMMING POOLS & HOT TUBS
P
COMMERCIAL ACCOMMODATION
P
CAR WASH
P
MANUFACTURING SERVICES
P
3) YARD REGULATIONS:
YARD MINIMUM
MINIMUM
REQUIREMENTS
FRONT
SIDE (fronting residential)
REAR
FLANKING
INTERNAL SIDE YARD
0.0 m (0.0 ft.)
1.5 m (4.9 ft.)
7.5 m (24.6 ft.)
1.5 m (9.8 ft.)
0.0 M (0 ft.)
4) PARCEL REGULATIONS:
PARCEL FEATURE
MINIMUM
REQUIREMENTS
AREA
185.8 m2 (2,000 ft2)
DEPTH
30.48 m (100 ft)
WIDTH
6.0 m (9.8 ft.)
5) ADDITIONAL REQUIREMENTS:
a) Floor area of the residential portion of the home
not including garages, decks or portions shall not
be less than 70 m2 (754.5 ft2). All other buildings
at the discretion of the Development Authority.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.94
b) Parcel coverage for all buildings are at the
discretion of the Development Authority.
c) Maximum building height is 9.14 m (30 ft.).
d) The construction of a dwelling on a vacant lot
within this District other than to replace a
dwelling that has been destroyed is discouraged
unless the site can be developed to accommodate
a commercial use on the street fronting side.
e) Dwellings or secondary suites may be located on
the second floor of a commercial building, in the
rear of the building or in the basement at the
discretion of the Development Authority.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.95
SECTION 98: C2 -GENERAL BUSINESS
1) PURPOSE: The purpose of this District is to provide
for commercial businesses that are intended to serve
the travelling public and area residents.
2) USES: Permitted (P) and Discretionary (D) Uses are
provided in the Table below:
BUILDING OR USE
P/D
ACCESSORY BUILDING OR USE
P
ADULT ENTERTAINMENT BUSINESS
D
AMUSEMENT ESTABLISHMENT
(INDOOR)
D
ANIMAL CARE FACILITY
D
BED AND BREAKFAST
D
CHILD CARE SERVICE
D
COMMERCIAL ACCOMMODATION
P
CONVENIENCE SERVICES
P
DRIVE THROUGH SERVICES
P
GAS BAR
P
KENNEL
D
MANUFACTURING SERVICES
D
MOVING AND CARTAGE
D
BUILDING OR USE *(con't)
P/D
PARK
P
PETROLEUM FACILITY
D
PLACE OF WORSHIP
D
PUBLIC & QUASI PUBLIC BULDING OR
USE
P
PUBLIC UTILITIES
P
RESTAURANT SERVICES
P
SERVICE STATION
P
SHOW HOME AND SALES OFFICE
D
SINGLE DETACHED DWELLING
P
SWIMMING POOL & HOT TUBS
P
TRAVEL INFORMATION CENTRE
P
VETERINARY CLINIC
D
3) YARD REGULATIONS:
YARD MINIMUM
MINIMUM
REQUIREMENTS
FRONT
SIDE (fronting residential)
REAR
FLANKING
INTERNAL SIDE YARD
0.0 m (0.0 ft.)
1.5 m (4.9 ft.)
7.5 m (24.6 ft.)
1.5 m (9.8 ft.)
0.0 M (0 ft.)
4) PARCEL REGULATIONS:
PARCEL FEATURE
MINIMUM
REQUIREMENTS
AREA
560 m2 (6027.8 ft2)
DEPTH
37.3 m (122.4 ft)
WIDTH
15 m (49.2 ft.)
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.96
5) ADDITIONAL REQUIREMENTS:
a) Floor area of the residential portion of the home
not including garages, decks or portions shall not
be less than 93 m2 (1,000 ft2). All other buildings
at the discretion of the Development Authority.
b) Parcel coverage for residential use is maximum
40%. Other uses are at the discretion of the
Development Authority.
c) Maximum building height is 9.14 m (30 ft.).
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.97
SECTION 99: CRX - TRANSITION AREA
1) PURPOSE: The purpose of this District is to provide
for
a
transition
from
residential
to
highway
commercial development.
2) USES: Permitted (P) and Discretionary (D) Uses are
provided in the Table below:
BUILDING OR USE
P/D
ACCESSORY BUILDING OR USE
P
ADULT ENTERTAINMENT BUSINESS
D
AMUSEMENT ESTABLISHMENT (INDOOR)
D
ANIMAL CARE FACILITY
D
BED AND BREAKFAST
D
CHILD CARE SERVICE
D
COMMERCIAL ACCOMMODATION
P
CONVENIENCE SERVICES
P
DRIVE THROUGH SERVICES
P
DWELLING - SINGLE DETACHED
D
GAS BAR
P
KENNEL
D
MANUFACTURING SERVICES
D
BUILDING OR USE CONTINUED
P/D
MOVING AND CARTAGE
D
PARK
P
PETROLEUM FACILITY
D
PLACE OF WORSHIP
D
BUILDING OR USE
P/D
PUBLIC & QUASI PUBLIC BUILDING OR USE
P
PUBLIC UTILITIES
P
RESTAURANT SERVICES
P
SECONDARY SUITE
D
SERVICE STATION
P
SHOW HOME AND SALES OFFICE
D
SWIMMING POOL & HOT TUBS
P
TRAVEL INFORMATION CENTRE
P
VETERINARY CLINIC
D
3) YARD REGULATIONS:
a) Yard regulations for residential development as
the principal use is as per the requirements of the
Residential - R1 Land Use District.
b) Yard regulations for commercial development as
the principal use is as per the requirements of the
Commercial - C2 Land Use District.
4) PARCEL REGULATIONS:
PARCEL FEATURE
MINIMUM
REQUIREMENTS
AREA
460 m2 (4951.4 ft2)
DEPTH
37.3 m (122.4 ft)
WIDTH
15 m (49.2 ft.)
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.98
5) ADDITIONAL REQUIREMENTS:
a) Floor area of the residential portion of the home
not including garages, decks or portions shall not
be less than 93 m2 (1,000 ft2). All other buildings
at the discretion of the Development Authority.
b) Parcel coverage for residential use is maximum
40%. Other uses are at the discretion of the
Development Authority.
c) Maximum building height is 9.14 m (30 ft.).
d) Where both a residential and commercial use are
located on the same parcel, the commercial use
shall be considered the principal use on that
property.
e) The placement of new dwellings should consider a
mixed use development or allow for sufficient
space for a separate or attached commercial
building on the same property.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.99
SECTION 100: M1 - INDUSTRY
1) PURPOSE: The purpose of this District is to provide
for general industrial use.
2) USES: Permitted (P) and Discretionary (D) Uses are
provided in the Table below:
BUILDING OR USE
P/D
ACCESSORY BUILDING OR USE
P
BULK FUEL STORAGE AND SALE
D
MANUFACTURING SERVICES
P
MINI STORAGE
D
MOVING OR CARTAGE
P
NATURAL RESOURCE PROCESSING
P
OUTDOOR SALES AND SERVICE
P
PUBLIC USE
P
PUBLIC UTILITY BUILDING
P
PUBLIC UTILITY
P
RETAIL SERVICES
P
SALVAGE YARD
D
SERVICE STATION
P
SHIPPING CONTAINER
D
SURVEILLANCE SUITE
D
3) YARD REGULATIONS:
YARD MINIMUM
MINIMUM
REQUIREMENTS
FRONT
SIDE
SIDE (INTERNAL)
REAR
FLANKING
6.0 m ( 19.7 ft.)
5.5 m (18 ft.)
1.5 m (5 ft.)
4.9 m (24.6 ft.)
5.5 m (9.8 ft.)
4) PARCEL REGULATIONS:
PARCEL FEATURE
MINIMUM
REQUIREMENTS
AREA
929.5 m2 (1 ac.)
DEPTH
30.48 m (100 ft)
WIDTH
30.48 m (100 ft.)
5) ADDITIONAL REQUIREMENTS:
a) A proposed use which has been determined by
the Village of Irma to have the ability to generate
substances that can adversely impact drainage
works through pollution or other means may be
required to ensure that all surface run-off other
than from outside storage areas, landscaping and
amenity areas be directed towards a sump or
other containment within the product.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.100
SECTION
101:
CS
-
COMMUNITY
SERVICES
1) PURPOSE: The purpose of this District is to provide
for public, private and not for profit services which
are community oriented.
2) USES: Permitted (P) and Discretionary (D) Uses are
provided in the Table below:
BUILDING OR USE
P/D
ACCESSORY BUILDING OR USE
P
ACCESSORY FOOD SERVICE
P
ACCESSORY LIQUOR SERVICE
D
CONCESSION STAND
D
AMUSEMENT FACILITY ( OUTDOOR)
D
CEMETERY
D
CLUBS OR LODGES
D
COMMUNITY HALL
P
DWELLING - SINGLE DETACHED
D
GROUP HOME
D
HEALTH FACILITY
P
PARK
P
PLACE OF WORSHIP
P
PROFESSIONAL SERVICES
D
BUILDING OR USE (con't)
P/D
PUBLIC USE
P
PUBLIC UTILITY
P
PUBLIC UTILITY BUILDING
D
QUASI-PUBLIC USE
D
RESTAURANT SERVICES
D
SCHOOL
P
SENIOR'S RESIDENCES
D
3) PARCEL AND YARD REGULATIONS:
a. All site criteria shall be at the discretion of the
approving authority.
b. Park Model Homes on foundation are not
permitted
other
than
for
administration/management purposes.
c. Restaurants must be accessory to a recreational
use.
VILLAGE OF IRMA LAND USE BYLAW No. 15-02
Pg.101
SECTION 102: UR - URBAN RESERVE
1) PURPOSE: The purpose of this District is to reserve
lands for future urban growth. Allowable land uses
are those which will not restrict further development
of the Village of Irma.
2) USES: Permitted (P) and Discretionary (D) Uses are
provided in the Table below:
BUILDING OR USE
P/D
ACCESSORY BUILDING OR USE
P
DWELLING - SINGLE DETACHED
P
EXTENSIVE AGRICULTURE
P
HOME BASED BUSINESS
D
KENNEL
D
PUBLIC USE
P
PUBLIC UTILITY
P
PUBLIC UTILITY BUILDING
P
RECREATIONAL USE (OUTDOOR)
D
SECONDARY SUITE
D
SHIPPING CONTAINER
D
VETERINARY CLINIC
D
3) ADDITIONAL REQUIREMENTS:
a. All site criteria shall be at the discretion of the
approving authority.
b. No subdivision other than for a farmstead
separation, lot adjustment or public use may
take place without first preparing an overall
plan for the future development of the entire
parcel to the satisfaction of Council and
Administration for the Village of Irma.
FORMS
VILLAGE OF IRMA
Application No. _______________
4919 50 Street, Irma, Alberta, TOB 2HO
Date Received: _______________
Phone: 780-754-3665 Date Complete: _______________
Fax: 780-754-3668 Deadline: _______________
Fee Received: ______________
www.irma.ca
CONTACT AND OWNERSHIP INFORMATION
APPLICATION FOR DEVELOPMENT PERMIT
APPLICANT: _____________________________________ CONTACT NAME: ________________________________________
ADDRESS: _______________________________________ PHONE NUMBER:________________________________________
_______________________________________ ALTERNATE:_________________________________________
_______________________________________ FAX:_________________________________________
I, the registered owner of the lands in questions, hereby authorized the above mentioned party to make application for the following
development ________________________________________________________________ REGISTERED OWNER OF LAND:
____________________ ______________________
(PLEASE PRINT)
(SIGNATURE)
SITE INFORMATION
LEGAL DESCRIPTION: Lot _______ , Block______, Registered Plan:______________, Civic Address: _______________
¼ __________Section___________Twp__________ W of _______ Meridian
PARCEL SIZE_________________________
DEVELOPMENT INFORMATION
DESCRIBE THE PROPOSED DEVELOPMENT / USE OF THE PROPERTY: ________________________________________________
_______________________________________________________________________________________________________________________
Dwelling (incl. home additions) Temporary Structure
Mobile Home
Second Residence
Garage, Shop, Shed (Please circle one)
Moved in Building
Commercial/Industrial
Other: _________________________
Demolition
EXISTING BUILDINGS & PRESENT USE _____________________________________________________________
INDICATE THE PROPOSED SETBACKS FROM THE PROPERTY LINES: (E,W,N,S) Note that your front yard is the yard that your access
is facing, unless you have a lake lot where the front yard is the lake and rear yard is the access.
Front Yard ( E, W, N. S ) ______________ Rear Yard (E, W, N, S ) ______________
Side Yard ( E, W, N, S ) ______________ Side Yard (E, W, N, S ) ______________
ESTIMATED DATE OF COMMENCEMENT: ______________ COMPLETION: ____________ COST OF PROJECT: $___________
LONG TERM IMPLICATIONS OF BUILDING CONSTRUCTION AND NEW RESIDENTIAL SITES
If you are starting a new residential building site, please note the following?
Ensure that your site sketch includes your residence and major accessory buildings, even if they are not to be constructed at this
time.
Be advised that if your future plan is to subdivide at a later date, panhandle subdivisions are not permitted unless there is a
physical justification. You can check with a subdivision officer to determine if your site plan lends itself well to future subdivision.
Is your setback from the roadway sufficient if the road is widened?
Have your verified the location of your property pins?
.../2
DECLARATION
I hereby allow right of entry to my property for inspection purposes__________________________________
I hereby make this application and acknowledge all plans and information submitted are, to the best of my knowledge, true and accurate:
_____________________________ __________________________________
Date
Applicants Signature
The personal information on this form is being collected for the purpose of processing the Development Permit Application under the Authority of the Freedom of
Information and Protection of Privacy (FOIP) Act, and is protected by the FOIP. If you have any questions about the collection, contact the Village of Irma FOIP
Assistant at phone 523-5955
OFFICE USE ONLY
Proposed Building or Use
Permitted or Discretionary:
Road Classification
Provincial, Municipal
Alberta Transportation Referral Required
Other Government Department
Future Road RW width
Land Use District:
CONDITIONS OF APPROVAL
Developer to install or pay for the installation of all utilities (i.e., water, sewer, natural
gas, etc.) at the Developer's expense.
Multi-unit dwellings such as duplexes shall have separate municipal servicing to each
unit in order to be considered for subdivision along the party wall.
A party wall agreement to be registered against each unit within the dwelling(s).
Development subject to this permit approval shall be commenced wtihin twelve (12)
months of the issue date of the development permit and be completed within twelve
(12) months unless other indicated on this permit approval.
Failure to conform to the conditions of this permit may result in suspension or
cancellation.
All development shall be landscaped and graded in a manner that all surface run-off is
contained on-site or directed to an approved drainage work such as a storm-sewer,
ditch or swale.
A lot grading or drainage plan is required for this parcel.
The applicant shall remove all garbage and waste at his/her own expense and keep
the site in a neat and orderly manner.
The proposed development shall conform to the property site plan attached to the
permit application, except where otherwise noted in this approval.
Any field work or construction undertaken prior to the effective date of the
development permit is at the owner's/applicant's risk.
Any changes or additions to this permit approval may require a new development
permit application.
The Village of Irma requires a deposit in the amount of $___________ prior to
relocation of any building from outside of the Village of Irma to a location within the
Village of Irma. The deposit shall be returned when the conditions of this permit have
been fully complied with.
The Developer shall pay for the construction and/or repair of any public works that are
required or damaged as a part of the approved development.
The Developer shall secure the parcel from unauthorized entry during the demolition
of buildings on the site and shall maintain the security until the site is rendered safe.
All municipal infrastructure shall be to an approved Village standard.
All Safety Codes Act, Alberta Transportation, Alberta Health and any other Provincial
or Federal approval is to be obtained by the Developer. All approvals shall be copied
and submitted to the Village of Irma upon request.
This Development Permit is in effect until __(date)_____.
A deposit in the amount of $__________ is required to be issued to the Village of
Irma to secure exterior finishing and landscaping of the site.
This development permit expires upon the vacation of the residence by the current
landowner/resident.
Final landscaping to be completed by the end of October of 20__.
LAND USE BYLAW
MAP
4 AVE
49 AVE
PRINCE ST
4 AVE
MAIN ST
PRINCESS ST
QUEEN ST
47 ST
51 AVE
ATLANTIC AVE
50 AVE
3 AVE
PACIFIC AVE
KING ST
53 AVE
2 AVE
48 ST
51 AVE
47 STREET
46 ST
VILLAGE OF IRMA
LAND USE DISTRICT
MAP
Residential R1
Residential R2
Commercial C1
Commercial C2
Industrial M
Urban Reserve UR
Community Servcies CS
Residential R3
Transition CRX
Residential Park RP
Residential Live/Work LW
BYLAW 15-02