Lac Ste. Anne County Land Use Bylaw No. 22-2017 (Development Regulations, Part IV)
Lac Ste. Anne County, Alberta
· No. 22-2017
· summary & facts
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part III - land use districts
126
Part IV
Development
Regulations
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10 General Development Regulations
The policies outlined in this Section are intended to support
those outlined in the respective land use district in which the
development is located. The regulations outlined in this Section
shall apply to all land use districts, unless otherwise stated.
10.1 Site Development
Stripping, Filling, Excavation, and Grading
10.1.1 The regulations contained within this Section are intended to
apply primarily to those situations where site stripping, filling,
excavation, grading, and/or re-contouring (including construction
of artificial water bodies and dugouts) is proposed:
a) Independent of, or prior to, other development on the same
parcel or site; or
b) As part of a resource extraction use on the same parcel or
site.
10.1.2 Where, in the process of development, areas require levelling,
filling, or grading, the topsoil shall be removed before work
commences, stockpiled, and replaced following the completion
of the work.
10.1.3 Grading of a parcel associated with an approved development
shall conform to the parcel grading and drainage plan approved
by the County.
Tree Clearing
10.1.4 Tree clearing in priority wetlands, as identified in Map 13 -
Priority Conservation Wetlands, is a discretionary use and
requires a development permit.
10.1.5 No trees or bushes shall be cleared from any land between the
top of banks of any spring, creek, river, or lake, except:
a) To construct a road, trail or fence; or
b) In connection with a recreational development for which a
development permit has been granted.
10.1.6 The Development Authority may refuse a development permit for
the removal of trees if the proposed tree clearance would have a
deleterious effect on watercourses, slope stability, or wildlife
habitat.
10.1.7 In reviewing a development permit application, the Development
Authority shall give due consideration to maintaining priority
wetland conservation areas as identified in Map 13 - Priority
Conservation Wetlands.
10.1.8 In the RR district, each parcel in a multi-parcel residential
subdivision shall retain a minimum of 50% of existing vegetation,
or otherwise, to the satisfaction of the Development Authority.
Recommendations from a site-specific biophysical study shall be
respected.
Removal of Topsoil
10.1.9 A development permit is required for the removal or stockpile of
topsoil for non-agricultural purposes.
10.1.10 A development permit shall only be granted where it is shown to
the satisfaction of the Development Authority that the land or
adjacent land will not be adversely affected by the removal of the
topsoil.
10.1.11 An application for the removal of topsoil may be referred to
Alberta Environment and Parks for advice.
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10.1.12 Where, in the process of development, areas require leveling,
filling, or grading, the topsoil shall be removed before work
commences, stockpiled, and replaced following the completion
of the work.
Dugouts
10.1.13 Dugouts of at least 50.0 m³ (1,765.0 ft³) in capacity shall be set
back a minimum distance of 45.72 m (150.0 ft) from all property
lines and residences.
10.1.14 Dugouts in agricultural districts shall not require a development
permit.
10.1.15 Dugouts and Water Reservoirs in non-agricultural areas may be
developed, subject to the following:
a) The applicant is to specify where the soil from the excavation
is to be stored or relocated;
b) The dugout shall be fenced and/or bermed to the satisfaction
of the Development Authority; and
c) The dugout shall be developed in a manner that a minimum
of one side no narrower than 3.0 m (9.84 ft) horizontally be
developed from the bottom to the top with a slope not in
excess of 5:1.
10.1.16 The Development Authority may require other design standards
to ensure public safety through the development of dugouts or
Water Reservoirs in non-agricultural areas.
Accessory Buildings and Uses
General
10.1.17 Where a structure is attached to the principal building on a site
by a roof, an open or enclosed structure, a floor or a foundation,
it is to be considered a part of the principal building and not an
Accessory Building.
10.1.18 A Mobile Home shall not be regarded as an Accessory Building
under any circumstances.
10.1.19 A guest house shall be considered an Accessory Building or use.
10.1.20 Accessory buildings shall not be used as a dwelling unit unless it
is an approved additional dwelling, a Secondary Suite or a
Garden Suite.
10.1.21 An Accessory Building shall only be constructed following the
issuance of a development and building permit for the principal
building on the site.
10.1.22 Accessory buildings are generally subject to the development
regulations for the district unless specifically described
otherwise.
10.1.23 All accessory structures intended for use as a habitable
residence shall have eaves of a minimum of 15.0 centimetre
(cm) (0.49 ft).
10.1.24 All enclosed Accessory Buildings shall have a vertical man-door
for access.
10.1.25 No more than five (5) sheds and no more than one (1) Secondary
Suite or Garden Suite shall be permitted in the CRR, CRX, CR3,
CRS and CRE land use districts.
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10.1.26 No accessory structure shall be issued with electrical, gas, or
plumbing permits prior to the completion of the principal
structure on-site.
10.1.27 Excluding on parcels in AG1, AG2, and CRR districts, all accessory
buildings over 111.5 m² (1,200.0 ft²) shall be treated as
discretionary use.
Garages
10.1.28 All garages shall be restricted to a maximum 6.0 m (19.70 ft)
wall.
10.1.29 All garages (attached or detached) over 111.5 m² (1,200.0 ft²)
are to be treated as a discretionary use, notwithstanding any
other provision of this Bylaw.
10.1.30 All garages as a second or additional garage on a property shall
be treated as a discretionary use, notwithstanding an other
provision of this Bylaw.
Height
10.1.31 The height of an Accessory Building in residential districts shall
not exceed 6.0 m (19.70 ft), or height of the principal building,
whichever is smaller.
10.1.32 Subject to other provisions of this Bylaw regarding agricultural
buildings such as storage silos, no building shall be constructed
that is higher than 8.20 m (27.0 ft) or greater than the maximum
height that can be effectively serviced through the local fire
department.
10.1.33 The regulations regarding building heights for all principal and
accessary buildings in all other districts shall be as per
development standards outlined in the individual land use
districts.
Setbacks
10.1.34 Accessory buildings attached to the principal dwelling shall
comply with the setbacks applicable to the principal building for
the applicable land use district.
10.1.35 Where the property line setback is greater than 6.0 m (19.69 ft)
and the said property line is not abutting a public roadway,
accessory structure property line setback may be reduced to a
minimum of 3.0 m (9.84 ft) for movable structures with a floor
area less than 18.60 m² (200.0 ft²).
10.1.36 Where a property line setback is abutting a public road, an
accessory structure property line setback may be varied to a
minimum of 7.5 m (24.61 ft) for movable structures with a floor
area less than 18.6 m² (200.0 ft²) of the temporary residence to
an Accessory Building.
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Figure 10.1.1: Setbacks for Primary and Accessory Structures
Maximum Site Coverage
10.1.37 Site coverage for Accessory Buildings on residential districts are
outlined in Table 10.1.1.
Table 10.1.1 - Site Coverage for Accessory Buildings
Site Area
Accessory Building
Less than 0.4 ha (1.0 acre)
10% of site area
0.4 ha (1.0 acre) to 0.81 ha (2.0 acres)
Maximum 325.16m² (3,500.0 ft²)
0.82 ha (2.02 acres) to 2.01 ha (4.99
acres)
Maximum 371.61m² (4,000.0 ft²)
2.02 ha (5.0 acres) to 12.14 ha (30.0
acres)
No limit
10.1.38 There shall be no limit on maximum site coverage for Accessory
Buildings in agricultural districts.
10.1.39 The maximum site coverage for Accessory Buildings in all other
districts shall be in accordance with the development standards
of each district.
Siting in Relation to the Principal building
10.1.40 An Accessory Building shall not be located closer than 2.0 m
(6.6 ft) to a principal building.
10.1.41 The siting of an Accessory Building on an irregularly shaped
parcel shall be as approved by the Development Authority.
10.1.42 An Accessory Building on a corner parcel shall be located in such
a manner that its side yard, which abuts the street, shall not be
less than the side yard of the principal building.
Typical Accessory Buildings and Structures
10.1.43 The following buildings and structures shall be considered
accessory uses, buildings, or structures if they are clearly
subordinate and exclusively devoted to the principal building, use
or structure that is either permitted or discretionary within the
respective land use district.
a) Farm-related buildings such as animal sheds, barns, farm-
related storage facilities, seed storage facilities, farm
related machinery, silos, or any other related buildings to
the satisfaction of Development Officer;
b) Detached garage;
c) Parking shed;
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d) Garden Suite;
e) Secondary Suite;
f)
Mobile Home;
g) Home Occupation;
h) Home Based Business - Minor;
i)
Home Based Business - Major;
j)
Day Care Facility;
k) Bed and Breakfast;
l)
Temporary shed;
m) Shipping Containers;
n) Convenience Commercial;
o) Eating and Drinking Establishment;
p) Storage sheds;
q) Airstrip; and
r)
Any other use, building, or structure to the satisfaction of
Development Officer.
Number of Temporary Dwelling Units on a Parcel
10.1.44 The Development Authority may allow one (1) or more additional
dwellings on a parcel. When determining whether or not to allow
an additional dwelling on a parcel, the Development Authority
shall consider:
a) The suitability of the site for the proposed dwelling;
b) The length of time that the applicant requires the proposed
dwelling;
c) Access to and from the site;
d) The provision of proper water and sewer services;
e) Existing and future surrounding land uses;
f)
Whether or not the proposed development meets the spirit
and intent of the subject land use district; and
g) Whether an additional unit is required for temporary
agricultural workers involved in related agricultural
operation.
10.1.45 A maximum of two (2) temporary dwellings may be allowed in
agricultural land use and CRR districts. Temporary dwellings shall
not be considered in RR, UR, CLR and CRE districts.
10.1.46 The Development Authority may attach, as a condition of
approval, a time period after which the additional temporary
dwellings must be removed from the subject property.
10.1.47 The number of permanent dwelling units on any parcel shall not
exceed one, except in situations where a development permit for
secondary or Garden Suite is issued.
Sight Lines on Corner Sites
10.1.48 A sight triangle is a triangle formed by a straight line drawn
between two (2) points on the exterior property lines of the said
site 6.0 m (19.69 ft) from the point where they intersect. On any
corner site, no person shall erect, place, or maintain within the
sight triangle a wall, fence, shrub, tree, hedge, or any object that
may adversely impact the line of sight required for the safe flow
of vehicular traffic over 1.0 m (3.3 ft) in height above the lowest
street grade adjacent to the intersection.
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Figure 10.1.2: Sight Triangle
10.1.49 On any corner site, no finished grade shall exceed the general
elevation of the local road by more than 0.60 m (2.0 ft) within the
area defined as a sight triangle.
Figure 10.1.3: yard Definitions
Yards
10.1.50 When a parcel has more than one (1) front yard (corner parcel),
the front yard requirement shall apply to all front yards, but, at
the discretion of the Development Authority, one front yard may
be considered a side yard.
10.1.51 In the case of a corner parcel, the front yard shall be the narrower
of the two Frontages. If they are equal, it shall be at the discretion
of a Development Officer.
10.1.52 Where a corner site comprises more than one parcel, the front
yard of the site shall be taken on the same road as the front yard
of the corner parcel.
10.1.53 A Development Officer may require a corner site to provide
additional front yard than is required by the district having regard
for the orientation and access of the development and adjacent
properties.
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Objects Restricted in Yards
10.1.54 No residential parcel shall contain:
a) Any object or chattel that in the opinion of the Development
Authority, is unsightly or tends to adversely affect the
amenities of the district; and
b) Any excavation, storage or piling up of materials required
during the construction stage unless all necessary safety
measures are undertaken; the owner of such materials or
excavations assumes full responsibility to ensure the
situation does not prevail any longer than reasonably
necessary to complete a particular stage of construction
work.
10.1.55 The matters of pollution and adverse effects on other properties
by holdings created shall be such that no use be allowed that may
be, in the opinion of the Development Authority, determined
offensive to a neighbouring owner or municipality as viewed from
a municipal road. The word "offensive" here implies sight, odour,
and/or anything that may adversely affect a neighbouring owner
or municipality.
On-Site Vehicle Storage
10.1.56 Within the CRX, CRS, CRE, CLR, CR3, and UR districts, no more
than two (2) unregistered motor vehicles shall be permitted to be
kept or stored on any residential parcel upon which a single
detached dwelling or Mobile Home is located. No unregistered
motor vehicle shall be allowed to be kept or stored on a
residential parcel which does not have a dwelling located on it.
10.1.57 The keeping and storage of more than two (2) unregistered motor
vehicles on a residential parcel outside of a multi-parcel
residential subdivision may only be permitted by the
Development Authority if it can be demonstrated to its
satisfaction that the excessive number of unregistered motor
vehicles constitutes a reasonable, inoffensive, accessory use to
a principal residential use and will not be stored outside the
property.
Projection in Yards
10.1.58 Projections to buildings such as eaves, chimneys, cornices, etc.
shall be regarded as part of the principal building for the purpose
of setbacks from property lines.
10.1.59 For architectural features, a maximum projection up to 20% of
the minimum required setback may be allowed in the yards at the
discretion of the Development Authority.
10.1.60 The following may project into a required yard setback as outlined
below, provided that there is no encroachment onto an
easement:
a) Patios, a maximum of 2.0 m (6.56 ft) into a required front
yard and up to the parcel line of a side and rear yard;
b) Decks, a maximum of 20% into the required yard;
c) Unenclosed steps, landings, and stairs (attached to a
Principal Building and providing direct access to the
principal building from ground level), a maximum of 2.0 m
(6.56 ft) into a front and rear yard and not less than 0.3 m
(0.98 ft) from the parcel line of a side yard; and
d) Balconies, a maximum of 2.0 m (6.56 ft) into a required
front and rear yard, and 0.6 m (1.97 ft) into a required side
yard.
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Figure 10.1.4: Projections into Yards
10.1.61 Utilities, underground parking, and similar structures constructed
entirely beneath the surface of the ground may encroach into
required yards provided such underground encroachments do
not result in a grade inconsistent with abutting properties and the
encroachments are covered by sufficient soil depth or surface
treatment to foster landscaping.
Hot Tubs
10.1.62 All hot tubs shall have a secured locking mechanism to prevent
unauthorized entry.
Swimming Pools
10.1.63 All swimming pools shall be enclosed with a wall or fence no less
than 1.8 m (5.9 ft) above grade with a secure locking mechanism
to prevent unauthorized entry.
10.1.64 Above-ground, pre-manufactured swimming pools with a water
volume less than 6.11 m³ (215.77 ft³) do not require a permit.
All above-ground, pre-manufactured swimming pools with a water
volume more than 6.12 m³ (216.12 ft³) require a permit.
Fencing
10.1.65 Fences shall be consistent with the character and quality of the
design and materials of the principal building.
10.1.66 A Development Officer may require a fence to be installed where
commercial or industrial development is proposed to abut
residential development. Where noise is a potential nuisance, a
Development Officer may specify that the fence be designed to
attenuate noise.
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10.2 Site Setbacks
Waste Management Setbacks
10.2.1 No residential development shall be permitted within the
following distance, unless a variance has been granted by the
appropriate Provincial Authority:
a) 800.0 m (0.5 mile) of any permitted Landfill within Lac Ste.
Anne County;
b) 300.0 m (984.25 ft) of a Waste Transfer Station;
c) 300.0 m (984.25 ft) of a waste water stabilization pond;
d) 350.0 m (1,148.29 ft) of an abandoned or reclaimed
Landfill or waste water stabilization pond unless a relaxation
to the setback distance is granted by the Development
Authority;
e) The setback requirement in 9.2.1(a) may be varied to no
less than 450.0 m (1,476.38 ft) to accommodate
residential development within an existing multi-parcel
country residential subdivision; and
f)
For the purpose of calculating setbacks from active waste
water stabilization ponds, Landfills or Waste Transfer
Stations, the property line shall be considered the "working
area."
Development Setbacks from Sour Gas Facilities
10.2.2 No subdivision or development proposal for a residence or public
facility within 1.5 km (4,921.26 ft) of a sour gas facility shall be
permitted without the consent of the Alberta Energy Regulator.
10.2.3 No proposed subdivision or development within 100.0 m (328.1
ft) of a gas or oil pipeline shall be approved without the consent
of the Alberta Energy Regulator.
Setbacks from Gas and Oil Wells
10.2.4 The purpose of establishing setbacks around well sites is to allow
for the maintenance of the well site to occur, to protect the well
site, and to avoid damage to any construction or excavation
equipment that may be used in construction of buildings or
utilities on the site. Incorporating the setbacks and access area
associated with a well site into a subdivision and development
proposal may help in determining an effective subdivision design,
the location of building sites, siting of underground utilities, and
grading of land.
10.2.5 In
accordance
with
the
Alberta
Energy
Regulator
recommendations, a setback consisting of a minimum of 10.0 m
(32.81 ft) by 15.0 m (49.21 ft) work area surrounding a
reclaimed well shall be maintained at all times.
10.2.6 The setback property lines shall be established so that the well is
no less than 5.0 m (16.40 ft) from the setback property line. A
minimum 8.0 m (26.25 ft) width access to this setback area shall
be maintained.
Setbacks from Abandoned Well sites
10.2.7 Development setbacks from abandoned well sites shall be in
accordance with Alberta Energy Regulator and other relevant
provincial regulations as amended.
Setbacks from Pipelines and Other Utilities
10.2.8 Setbacks from pipelines or other utility corridors shall be as
required by the Development Officer, or MPC, and the
appropriate provincial regulations or Acts.
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10.2.9 Both the subdivision application and development permit
application may require the registration of a restrictive covenant
against the title of the property that contains a reclaimed well,
identifying the setback requirements.
Building Setbacks
10.2.10 Building setbacks from Landfills, Waste Transfer Stations, Water
Stabilization Ponds, Abandoned or Reclaimed Landfill, Gas or Oil
Wells, Abandoned Wells as well as from pipelines and other
utilities shall be in accordance with Alberta Energy Regulator
(AER) and other relevant provincial regulations as amended.
Development on or Adjacent to Flood Plains
10.2.11 Development on land that may be subject to flooding as
identified in the Potential flood hazard areas Map prepared by
Lac Ste. Anne County, is prohibited unless a site specific
assessment (to identify 1:100 Year Flood plain level) is
conducted to determine the exact flood risk and flood mitigation
measures are determined.
10.2.12 Development on lands which have been designated as a two-
zone (floodway-flood fringe) flood area shall be restricted to the
following land uses:
a) In floodway areas, new development shall not be allowed
except for the following:
i)
Non-obstructing agricultural uses;
ii)
Recreational uses;
iii)
Flood control measures; and
iv)
Public works facilities.
10.2.13 In reviewing a development proposal in a flood hazard area, the
Development Authority may refer the application to AESRD for
review and comments.
10.2.14 Development within the floodway should be prohibited.
Exceptions may be made for uses that do not significantly modify
the landscape, such as certain agricultural uses, recreational
uses or other passive uses of land that require limited or
temporary structures.
10.2.15 Development within the flood fringe may be permitted,
depending on confirmation from a water resource engineer, or
other appropriate civil engineer, that the lands are suitable for
the proposed use.
Development on or adjacent to Locally Relevant
Environmentally sensitive Areas Identified in the MDP,
Landfills and Flood Plains
10.2.16 All uses, with the exception of extensive agricultural operations,
shall be considered discretionary uses under part three (3) of this
Bylaw.
10.2.17 Basements shall be prohibited on lands where the near-surface
water table is less than 1.0 m (3.28 ft).
10.2.18 When
reviewing
an
application
for
development,
the
Development Authority shall consider the following:
a) The impact of the proposed development on the subject and
surrounding area;
b) The soil and slope conditions of the area surrounding the
subject property;
c) Any information with regard to the past history of the subject
property and surrounding area from a geotechnical
perspective; and
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d) Comments
and
recommendations
from
Alberta
Environment and Parks.
10.2.19 Development shall not be allowed to detrimentally affect natural
features such as non-artificial ponds, streams, wetlands and
forested areas, but shall preserve and incorporate such features
into the site design so that their key functions can be maintained.
In addition:
a) Development of, or in proximity to, wetland areas shall only
be undertaken where:
i)
It minimizes alterations in the natural flow of water,
including surface and groundwater sources, which
nourishes the wetlands; and
ii)
It protects wetlands from adverse dredging or in-
filling practices, situation, or the addition of
pesticides, salts, or toxic materials.
iii)
The location of natural features and the site's
topography shall be considered in designing and
siting of all physical improvements.
10.2.20 Developments must adhere to the following land management
practices:
a) Stripping of vegetation or grading shall be done in a manner
that will minimize soil erosion by ensuring that the extent of
the disturbed area and the duration of its exposure is
minimized, and that all grading work should be designed to
blend with the natural contours of the land;
b) Natural vegetation shall be retained and protected
whenever possible;
c) Natural drainage patterns should not be disturbed and
changes to watercourses shall be avoided except where
controlled improvements are warranted subject to approval
from AESRD; and
d) Developments shall not adversely affect groundwater
resources or increase storm water runoff velocity in a way
that water levels on other lands are substantially raised or
the danger from flooding increased.
Development Setbacks from Water Bodies
10.2.21 Development that, in the opinion of the Development Authority,
will have an unreasonable adverse impact on lake water quality
or lake area aesthetics shall be prohibited. Development
Setbacks from water bodies shall be determined for each site by
applying the Riparian Setback Matrix Model (RSMM) outlined in
the following Sections.
10.2.22 The Development Authority may use its discretion to evaluate and
reduce the setback if no viable building pocket exists for a
property.
10.2.23 For small scale subdivisions (four (4) parcels or less) the RSMM
may be used to establish development setbacks. For large scale
subdivisions, site-specific studies shall be undertaken to
establish development setbacks by completing RSMM Field
Sheet (Refer Appendix A).
10.2.24 The RSMM shall not apply to any agricultural activities.
Replacement of existing farm buildings within the RSMM shall be
permitted provided that the new farm structure is positioned no
closer to the adjacent water body than the previous farm building.
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10.2.25 As environmental conditions can vary significantly within property
lines, determination of conditions on the ground at several points
within a property is required to establish appropriate setbacks.
The total length of the property bordering the body of water will
affect the number of sampling points and how riparian setbacks
are determined. Once setback determination locations are
established, measurements of environmental conditions at each
point shall be undertaken. Setbacks for each point shall be
determined, and then these setback endpoints are joined with
straight lines to produce the final riparian setback distance for
the property, as shown below.
10.2.26 Selection of Sampling Locations:
a) Establish the number of setback points
i)
Where the length of land bordering the water body,
stream, or wetland is less than 50.0 m (164.04 ft), one
(1) setback point will be required at the midpoint of the
property line along the body of water.
ii)
Where the length of land bordering the water body,
stream or wetland is 200.0 m (656.20 ft) to 50.0 m
(164.04 ft) two (2) setback points will be required
equal distance apart and equal distance from each
end of the property, along the property line between
the property and the water body.
iii)
Where the length of land bordering the water body,
stream, or wetland is greater than 200.0 m (656.2 ft),
the outside setback points will be no more than 100.0
m (328.1 ft) from each end of the property, along the
property line between the property and the water body.
If the distance between these setback points is more
than 200.0 m (656.2 ft), additional setback points will
be required. These must be equally spaced from each
other and the two outside setback points, and no more
than 200.0 m (656.2 ft) apart along the property line
between the property and water body.
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b) Establish the location of setback points:
i)
The location of the point will be at the property line of the
bed and shore between the private and Crown-owned
property (ordinary high water mark), as delineated by a
legal land surveyor; or
ii)
If the property has not been delineated by a legal land
surveyor, the point where evidence of surface water
influence on the soil ends and where vegetation (living
or dead) characteristic of an aquatic environment
(including but not limited to sedges, cattails, and
bulushes) changes to that of upland vegetation; or
iii)
If no vegetation exists, the point at the current edge of
water.
10.2.27 Determining setbacks based on environmental conditions at
each sampling location:
Lakeside development areas:
i)
If the property in question is located along the
shore of the associated major lake, then an
additional 10.0 m (32.8 ft) will be applied to the
setback calculated based on the other parameters
in the model.
Fish-bearing status:
The fish-bearing status is determined based on following
criteria:
i)
The body of water at the property location is
determined to be fish-bearing or have significant
potential for being fish-bearing if:
-
It is a mapped and classified watercourse
under the Provincial Code of Practice for
Watercourse Crossings;
-
It is a lake or other body of water directly
connected to such a watercourse;
-
It is directly connected to and within 2.0
km (1.24 miles) of the mouth of a
watercourse or body of water identified
above; or
-
There are records of fish within the body
of water or within 2.0 km (1.24 miles)
along the watercourse, based on records
from the Provincial Fish and Wildlife
Management Information System.
ii)
The body of water on the property location is
determined to have moderate potential to be fish-
bearing if it is a watercourse with a direct (though
not necessarily permanent) connection to any body
of water identified in Provincial Code of Practice for
Watercourse Crossings, further than 2.0 km (1.24
miles) from the mouth.
iii)
If the body of water is fish-bearing or has significant
potential of being fish-bearing, a setback of 30.0 m
(98.40 ft) is applied;
iv)
If the body of water has moderate potential of being
fish-bearing, a setback of 18.0 m (59.10 ft) is
applied; and
v)
Otherwise, a setback of 10.0 m (32.80 ft) for is
applied.
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Vegetation cover:
Vegetation Cover is determined for each measurement location
in a 1.0 m (3.3 ft) x 10.0 m (32.80 ft) plot extending directly
upslope from the margin of the body of water towards the
upland area.
i)
From each setback point, determine the vegetation
type perpendicular to the water body, stream or
wetland, by creating a 1.0 m (3.3 ft) x 10.0 m (32.8
ft) plot.
ii)
Determine the percent of the plot that is
herbaceous/graminoid,
shrub,
forested,
impermeable, and bare ground. Total cover must
add up to 100%; if vegetation forms a multi-story
canopy, then the tallest statured vegetation (tree >
shrub > herbaceous) is used for the overlapping
area.
iii)
Multiply the percentage of each vegetation cover
class by the respective distance adjustment for
each type.
iv)
Put the required adjusted distance beside the
respective vegetation cover.
v)
Add up the setback requirements from all
vegetation cover types to obtain the total
vegetation cover setback.
Slope:
Slope must be determined by a geotechnical engineer or legal
land surveyor at each of the setback points. From each setback
point, determine the slope of the land directly upslope of the
water body, stream, or wetland. The base setback distance for
slope is calculated as follows:
i)
The minimum setback distance based on slope is
10.0 m (32.8 ft);
ii)
For slopes in the range of 0% to 15%, the setback
distance will be 10.0 m (32.8 ft) + 1.5 m (4.9 ft) for
every 1% slope;
iii)
If the slope is greater than 15%, then a
geotechnical study is required for the site to
determine the stability of the bank. The total
setback required for this site will be determined by
a registered professional, and be subject to the
approval
of
the
subdivision
authority.
The
determined setback must:
-
Take into account the slope, height of
bank, groundwater influence, soil type,
and vegetative cover;
-
Be no less than the setback calculated
based on the other parameters in the
RSMM;
-
Exclude lands with slopes greater than
15% from the riparian buffer.
iv)
Record the measured slope in Step 4 of the RSMM
Field Sheet; and
v)
If the slope is less than or equal to 15%, enter the
calculated setback distance in the TOTAL box in
Step 4 of the RSMM Field Sheet.
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Groundwater risk:
Groundwater Risk is determined from groundwater risk
mapping data from Lac Ste. Anne County:
i)
Find the subject property within the Groundwater
Risk mapping layers available from Lac Ste. Anne
County. If the property spans two risk categories,
the higher risk category is used; and
ii)
Record the groundwater risk class in Step 5 of the
RSMM Field Sheet and enter the corresponding
setback distance in the TOTAL box in Step 5 of the
RSMM Field Sheet.
Soil Texture:
Soil Texture is determined by a qualified professional within
each assessment plot:
i)
Determine soil texture within the assessment plot;
and
ii)
Place a check next to the associated class in Step 6
of the RSMM Field Sheet, and enter the
corresponding multiplier.
Adjacent land use:
Adjacent land Use is determined on a line extending from the
assessment plot directly upslope to the outer property line.
i)
Determine the land use with the highest multiplier
coefficient present along the line; and
ii)
Place a check next to the associated class in Step 7
of the RSMM Field Sheet, and enter the
corresponding multiplier.
Overall Setback:
The Overall Setback is determined by calculating the baseline
setback, and multiplying by the soil texture and adjacent land
use multipliers:
i)
Identify the largest setback value between steps 2
to 5. Enter this value in 8(a);
ii)
Enter the soil texture setback and adjacent land
use setback in the appropriate spaces in 8(b) and
8(c); and
iii)
Multiply the baseline setback by the soil texture
setback and the adjacent land use setback. Then
add the setback identified in step 1 (if applicable).
This is the buffer width requirement for that
setback determination location.
10.2.28 Riparian buffer property lines are determined by joining adjacent
setback points/distances. Setback points located closest to the
property lines are extended parallel with the high water mark to
the property line with the adjacent property.
Development Near Confined Feeding Operations
10.2.29 Notwithstanding any other provision of this Bylaw that requires a
minimum setback, the Minimum Distance Separation between a
proposed dwelling unit and a confined feeding operation (CFO),
as determined by the NRCB, shall be the required distance of
separation between a proposed CFO from an existing dwelling
unit.
10.2.30 Where more than one (1) minimum setback distance is
applicable under this Bylaw, the greater distance shall prevail.
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10.2.31 In all land use districts, where multi-parcel residential
development is allowed, it shall be a discretionary use if it is
within the Minimum Distance Separation for a CFO, as
determined by the NRCB.
Setbacks from Railway Lines
10.2.32 The minimum setback from a railway right-of-way and station
grounds from buildings shall be as follows:
a) 16.0 m (52.49 ft) for all residential, commercial, public use,
and recreational developments that are not determined
compatible with railway operations; and
b) At the discretion of the Development Authority for
manufacturing and other land uses that are determined
compatible with railway operations.
10.2.33 If a development or subdivision proposal may be affected by
railway operations, the Development Authority may refer a
development to Canadian National Railways.
Figure 10.2.1: Railway Setbacks
10.2.34 Any present or former railway right-of-way in place at the time of
the passing of this Bylaw shall be used for railway purposes only,
unless the right-of-way is consolidated with adjacent land,
whereupon the land shall be used for the same purposes as the
land with which it is consolidated.
Development near Highways and Provincial Highways
10.2.35 No development permit shall be issued for development within
800.0 m (2,624.67 ft) of the property line of the right-of-way of a
highway until a permit has been issued by Alberta Transportation
and/or Alberta Infrastructure unless exempted through an
agreement between the municipality and the department.
10.2.36 On a parcel of land located at the intersection of a provincial
highway with a rural road, no development shall be permitted
within the areas illustrated in Figure 10.2.2.
10.2.37 On a parcel of land located at the intersection of two provincial
highways, no development shall be permitted within the area
illustrated in Figure 10.2.3.
10.2.38 On a parcel of land located in the inside of a road curve, no
development shall be permitted within the areas illustrated in
Figure 10.2.4.
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Figure 10.2.2: Intersection of Provincial Highway and road
Figure 10.2.3: Intersection of Provincial Highways
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Figure 10 .2.4: Development Adjacent to a Road Curve
10.2.39 No development shall be located so that access or egress to a
provincial highway is within 150.0 m (492.10 ft) of the beginning
or end of a road curve of greater than two degrees curvature or
within 300.0 m (984.30 ft) of the intersection of two roads.
10.2.40 Access or egress to a provincial highway shall not be permitted
where it would be:
a) Less than 150.0 m (492.10 ft) from an existing access or
egress on the same side of the road.
b) Less than 150.0 m (492.10 ft) from a bridge.
c) Less than 150.0 m (492.10 ft) from an at-grade railway
crossing.
d) At a point where the gradient of the road is in excess of 3.0%
when the existing surveyed road has been constructed to
provincial highway standards. In the case of an existing
surveyed road not constructed to provincial highway
standards, access or egress will be permitted only if
construction to provincial highway standards is expected
within two (2) years and the grade will then be less than
3.0%.
10.2.41 The planting of trees or any shrubbery greater than 1.0 m (3.28
ft) in height shall not be permitted in any of shaded areas of
figures 10.2.1, 10.2.2 or 10.2.3.
10.2.42 Where a provincial highway intersects a highway, the Highway
Development Control Regulations (Alberta Regulation 163/70)
shall apply to development adjacent to the provincial highway
where it intersects.
Airport Protection Vicinity Area
10.2.43 Development near the Mayerthorpe Municipal Airport shall be
required to conform to the Mayerthorpe Airport Management
Bylaw Regulation..
10.2.44 Commercial airport-related development shall be located on an
approved site at the Mayerthorpe Municipal Airport.
10.2.45 Private Airstrips and heliports shall be located in such a manner
that the Airstrip will cause minimal interference on surrounding
residences above ground power lines, and the local road
network.
Historical and Archeological sites
10.2.46 Historical sites or archaeological sites identified pursuant to the
Historical Resources Act shall be protected in accordance with
guidelines established by Alberta Community development.
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10.3 Special Utilities
Location of Pressure Vessel Storage Facilities
10.3.1 Pressure vessel storage facilities (AAG and LPG) for materials
such as anhydrous ammonia, propane, oxygen, etc., with a water
capacity exceeding 4,546.0 L (1,000.0 imperial gallons), shall
not be allowed within 0.8 km (0.5 miles) of an assembly building,
institution, mercantile, or residence.
10.3.2 Upon receipt of a development permit application for a
development that includes a pressure vessel container with a
water capacity exceeding 4,546.0 L (1,000.0 imperial gallons),
the Development Authority may require the applicant to provide:
a) A site plan detailing the location and orientation of each
pressure vessel;
b) An
approved
emergency
response
plan,
detailing
procedures in the event of a pressure vessel rupture,
discharge, or explosion; and
c) Where applicable, a contact person and the location of the
nearest emergency response team provided by the product
vendor.
10.3.3 For commercial pressure vessel storage facilities (AAG and LPG)
for the above storage materials with a water capacity less than
4,546.0 L (1,000.0 imperial gallons) the Development Authority
shall consider:
a) The material to be stored in the pressure vessel;
b) The orientation of the pressure vessel to buildings in the
surrounding neighborhood, especially those that are used
for residential use or public assembly;
c) The ability of the local fire department to respond to an
accident involving the proposed development; and
d) The truck route through the community that will be used to
service the proposed development.
10.3.4 Upon receipt of a development permit application that includes a
pressure vessel with a water capacity in excess of 4,546.0 L
(1,000.0 imperial gallons), the Development Authority shall refer
the development proposal to the County Fire Chief for his/her
comments and recommendations.
10.3.5 Notwithstanding any other provision of this Bylaw, no residential
development shall be allowed within 0.8 km (0.5 miles) of an
existing anhydrous ammonia storage vessel with a water capacity
exceeding 4,546.0 L (1,000.0 imperial gallons).
10.3.6 All pressure vessel containers shall be constructed, located, and
inspected in accordance with the provisions of the Alberta Safety
Codes Act, and its regulations.
Power Poles
10.3.7 A permit shall not be required for the erection of the power poles.
Lines shall always be placed in the public road right-of-way unless
granted by the Development Authority.
10.3.8 New power poles providing direct service to private properties
and located on private parcels shall have a minimum setback of
5.18 m (17.0 ft) from the front property line abutting a public
road.
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10.4 Recreation Resort
Subdivision
10.4.1 The subdivision regulations applicable to Recreation Resort
development are outlined in Table 10.4.1.
Table 10.4.1: Subdivision Regulations for Recreation Resort
Regulation
Standard
Parcel (Site of Overall Development) Area Requirements
Min:
235.0 m² (2,529.0 ft²)
Parcel Density Requirement
Min. & Max:
To be determined by the Development
Authority
10.4.2 For all other permitted and discretionary uses, the minimum and
maximum parcel area and density requirements shall be
determined by the Development Authority.
Development
10.4.3 The development regulations applicable to Recreation Resort
development are outlined in Table 10.4.2.
10.4.4 For all other permitted and discretionary uses the minimum
building setback requirement shall be determined by the
Development Authority.
Table 10.4.2: Development Regulations for Recreation Resort
Regulation
Standard
Setbacks for External parcels
Municipal road ROW
Arterial road ROW
Highway ROW
Front Yard:
Side Yard:
Rear Yard:
Min. 20.12 m (66.0 ft)
Min. 45.72 m (150.0 ft)
As determined by Alberta Transportation
Min. 3.50 m (11.5 ft)
Min 1.50 m (5.0 ft)
Min 1.50 m (5.0 ft)
Setbacks for Internal Parcels
Front Yard:
Side Yard:
Rear Yard:
Min. 3.50 m (11.5 ft)
Min. 1.50 m (5.0 ft)
Min. 1.50 m (5.0 ft)
Parcel Coverage
Recreational Vehicles,
Recreational Units, Park
Models & Buildings.
no more than 65.0% of Recreation
Resort Unit.
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11 Specific Use Regulations
The policies outlined in this Section are intended to support those
outlined in the respective land use districts in which the
development is located, and the general development
regulations outlined in Section 10. The regulations outlined in
this Section shall apply to all land use districts, unless otherwise
stated.
11.1 Agriculture, Resources and Related Uses
Apiary and Aquaculture
11.1.1 The Development Authority may approve a development permit
for an apiary if it is satisfied that the apiary will be compatible
with the existing character of the neighbourhood and its
associated quality of life.
11.1.2 Aquaculture shall be prohibited within a minimum separation
distance of 305.0 m (1,000.7 ft) of a school or other public
meeting place and a multi-parcel residential, commercial, or
industrial subdivision.
Confined Feeding Operation
11.1.3 Confined feeding operations (CFOs) are regulated by the NRCB in
accordance with provincial regulations and are exempt from
municipal control under this Bylaw.
11.1.4 Notwithstanding the aforementioned, development of a CFO
shall be consistent with the land use provisions of the MDP.
Kennels
11.1.5 A kennel shall be neither permitted nor discretionary if proposed
within or adjacent to a multi-parcel residential subdivision or
closer than 305.0 m (1,000.7 ft) from the property line of a multi-
parcel residential subdivision or a row house development.
Exceptions may be made when a highway, arterial road, or
secondary road bisects the 305.0 m (1,000.7 ft) separation
distance.
11.1.6 The application for a development permit shall address the
following:
a) Pens, rooms, exercise runs and holding stalls may be
required to be soundproofed to the satisfaction of the
Development Authority;
b) All facilities shall meet public health regulations and be kept
in a manner satisfactory to the health regulatory authority;
c) No facility or exterior exercise area used to accommodate
the animals shall be located within 25.0 m (82.02 ft.) of any
property line of the parcel on which the facility is to be sited;
d) All exterior exercise areas (runs) shall be enclosed with a
fence acceptable to the Development Authority with a
minimum height of 1.83 m (6.0 ft);
e) All facilities, including buildings and exterior exercise areas,
shall be required to be sited behind the principal building;
and
f)
All facilities shall be visually screened from existing
dwellings on adjoining parcels to the satisfaction of the
Development Authority.
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11.1.7 An applicant shall be required to enter into a development
agreement with the municipality to ensure the animal kennel
complies with all relevant requirements of this Bylaw including
any additional conditions of approval.
11.1.8 The Development Authority may regulate the hours that the
animals are allowed outdoors.
Aggregate Resource Extraction and Aggregate Resource
Processing
11.1.9 All sites must be re-districted as AR - Aggregate Resources
Extraction and Processing prior to any application for Aggregate
resource extraction and/or processing and will be subject to the
regulations as set out in that land use district.
11.1.10 Aggregate resource extraction operations are classified as
follows:
a) Class I:
Operations equal to or greater than 5.0 ha
(12.35 acres) of disturbed area on a site. Operations under
this classification shall require municipal development
approval. Reclamation plans shall be under the direction of
AESRD and the Development Authority.
b) Class II:
Operations less than 5.0 ha (12.35 acres) of
disturbed area on a site. Operations under this classification
shall require municipal development approval. Reclamation
plans for existing pits shall be under the direction of County
administration. New Class II pits shall be prohibited in Lac
Ste. Anne County.
Minimum Separation Distance and Restrictive Covenants
11.1.11 For lands districted as country residential, all uses within the
district shall comply with the following minimum separation
distances from all aggregate resource extraction or aggregate
resource processing uses based on the nature of the resource
development. The minimum separation distance shall be
measured from the property line of the lands districted as country
residential. The minimum separation distances are outlined in
Table 11.1.1 and Figure 11.1.1. A development permit may be
approved for a use on lands districted country residential lying
within the minimum separation distances subject to the condition
that the owner of parcel upon which the use is proposed registers
a caveat or other instrument on the certificate of title to the
parcel to give notice to any future purchaser of the parcel of the
fact that the parcel or a portion of the parcel falls within the
minimum separation distances set out in Table 11.1.1 of this
Land Use Bylaw. If the owner is, for any reason unable to achieve
registration of the caveat or other instrument on the certificate of
title to the parcel, the Development Authority may revoke the
development permit that was approved subject to the condition
respecting the registration of the caveat or instrument;
Table 11.1.1 - Minimum Separation Distances from Aggregate
Operations
Operation
Separation Distance
Extraction:
Reclamation:
Crushing:
Wash Plant:
Asphalt Plant:
500.0 m
500.0 m
1,500.0 m (4,921.26 ft)
1,500.0 m (4,921.26 ft)
1,500.0 m (4,921.26 ft)
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Figure 11.1.1 - Setbacks from Aggregate Resource Extraction
(Upon receipt of scaled drawings of existing sites, the minimum
separation distance can be determined. Measurement is related to the
distance that a new dwelling can be from an aggregate area.)
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11.1.12 The separation distance is the distance that a new residential
use on lands districted as country residential can be established
to an existing aggregate resource extraction or aggregate
resource processing use. The separation distance is reciprocal,
as it applies to a new aggregate resource extraction or aggregate
resource processing use within the minimum separation distance
to an existing residential use on lands districted country
residential. An aggregate resource extraction or aggregate
resource processing use may be approved even when the
proposed development is located within the minimum separation
distances from the proposed use to an existing residential use if
the Development Authority concerns have been mitigated on
lands districted as County Residential.
11.1.13 Notwithstanding the above, the minimum separation distance
does not apply to country residential sites separated from the
proposed aggregate resource extraction or aggregate resource
processing use by provincial Highway 43.
11.1.14 Notwithstanding, Figure 11.1.1., where the submitted and
approved activities plan and reclamation plan for the aggregate
resource extraction or aggregate resource processing use will
cease within five (5) calendar years from the date when an
application for development permit for a residential use on a new
building site is submitted, the requirement for a restrictive
covenant may be waived.
Private Haul Routes
11.1.15 A haul route related to aggregate resource extraction or
processing that is located on privately owned land requires a
development permit and shall be:
a) Constructed to County standards;
b) Connected to an active aggregate resource extraction or
processing operation;
c) Set back at least 30 m from any property line.
11.1.16 Private haul routes shall not be permitted in proximity to
communities or environmentally significant areas unless an
assessment is done and mitigation measures taken to the
satisfaction of the Development Authority.
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11.2 Residential and Related Uses
Bed and Breakfast Home
11.2.1 A Bed and Breakfast home shall be located in a single detached
residential dwelling unit. The operation of the Bed and Breakfast
home shall be subordinate and incidental to the principal use of
a single, detached residential dwelling unit as a resident-
occupied agricultural or country residence.
11.2.2 A Bed and Breakfast shall be operated only by the permanent
resident(s) of the principal dwelling and one (1) non-resident
employee on-site.
11.2.3 No more than five (5) guest rooms shall be allowed in a Bed and
Breakfast home.
11.2.4 On-site signage shall be erected in accordance with the signage
requirements provided in the zoning district in which the use is
established.
11.2.5 No food preparation or cooking for guests shall be conducted
within any bedroom made available for rent.
11.2.6 An applicant may be required to enter into a development
agreement
with the municipality to ensure the Bed and
Breakfast home complies with all relevant requirements of this
Bylaw.
11.2.7 The privacy and enjoyment of adjacent residences shall be
preserved and the amenities of the neighborhood maintained at
all times.
11.2.8 Council shall place any additional conditions for approval
deemed necessary based on a specific application to secure the
objectives of this Bylaw.
Secondary dwellings
11.2.9 For the purpose of this Bylaw the following dwellings shall be
considered as secondary dwellings:
a) An agricultural dwelling to be occupied by a person who is
engaged on a full-time basis for at least six (6) months of
each year in an agricultural operation; and
b) A dwelling for caretaker responsible for providing care to the
principal resident of the parcel.
11.2.10 A maximum of one (1) secondary dwelling may be allowed in
agricultural districts. Such secondary dwellings may be in
addition to a Secondary Suite or Garden Suite.
11.2.11 Notwithstanding any other provision of this Land Use Bylaw
a) on parcels less than 4.0 ha (10.0 acres) the only type of
secondary dwellings that may developed are a Secondary
Suite or a Garden Suite; and
b) on parcels within a multi-parcel subdivision between 4.0 ha
(10.0 acres) and 12.14 ha (30 acres) the only type of
secondary dwellings that may be developed are a Secondary
Suite or Garden Suite.;
11.2.12 While approving a development permit for new secondary
dwelling, the Development Authority shall ensure that the
secondary dwelling:
a) Would not materially interfere with or affect the use and
enjoyment of adjacent properties;
b) Would not adversely affect significant environmental areas;
c) Would not result in excessive demand on municipal
services, utilities, and public roadway access;
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d) Would not cause a building to become a duplex, a semi-
detached dwelling, town housing, or an apartment; and
e) Would comply with all regulations of this Bylaw, including all
regulations in the applicable district, unless provided
otherwise under this Section.
11.2.13 One (1) access per parcel shall be permitted. No additional
access will be granted, unless otherwise approved by the
Development Authority having regard for existing and future
traffic patterns and public safety.
Secondary Suites
11.2.14 No person shall construct or cause to be constructed, a
Secondary Suite within a principal residential dwelling unit
unless otherwise permitted within this Bylaw.
11.2.15 On any parcel, only one (1) of either a Secondary Suite or Garden
Suite may be developed.
11.2.16 A Secondary Suite shall not be permitted within the second
dwelling located on the same parcel.
11.2.17 A Secondary Suite shall constitute a set of living quarters
within a principal building whether occupied or not, containing
independent and physically separate sleeping, sanitary, and
kitchen facilities. Kitchen facilities include but are not limited to
cabinets, refrigerators, sinks, stoves, ovens, microwave ovens,
or any other cooking appliances and kitchen tables and chairs.
11.2.18 A Secondary Suite shall:
a) Contain at least two (2) rooms in which a bedroom, cooking
facilities, and a bathroom are provided;
b) Have full utility services through service connections from
the principal dwelling;
c) The minimum floor area for a Secondary Suite shall be 30.0
m² (322.92 ft²); and
d) Comply with the Alberta Building Code and all other
municipal and provincial regulations.
11.2.19 The maximum floor area of a Secondary Suite shall be as follows:
a) For a Secondary Suite located completely below the first
storey of a single detached dwelling (other than stairways or
a common landing), the gross floor area (excluding the area
covered by stairways) shall not exceed the floor area of the
first storey of the associated principal dwelling; and
b) For
a
Secondary
Suite
developed
at
grade,
or
completely/partially above grade, the floor area (excluding
the area covered by stairways) shall not exceed 50% of the
total gross floor area of the first storey of the associated
principal dwelling.
11.2.20 The separate entrance to the Secondary Suite shall be accessed
either from a common indoor landing or directly from the side or
rear of the building.
11.2.21 A Secondary Suite shall be developed in such a manner that the
exterior of the principal building containing the Secondary Suite
shall appear as a single dwelling.
11.2.22 A Secondary Suite shall not be subject to separation from the
principal dwelling through a condominium conversion or
subdivision.
Garden Suites
11.2.23 A Garden Suite shall:
a) Contain at least two (2) rooms in which a bedroom, cooking
facilities, and a bathroom are provided;
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153
b) Have full utility services through service connections from
the principal dwelling; and
c) Comply with the Alberta Building Code and all other
municipal and provincial regulations;
11.2.24 The Development Authority shall, in its opinion, be satisfied that
there exists on the hosting parcel, a suitable development site
upon which to site the Garden Suite. The Development Authority
shall be satisfied that the Garden Suite can and will, where
possible, be properly connected to services (e.g., gas, power,
water, sewage disposal) associated with the existing host
residence without jeopardizing existing services associated with
either the hosting parcel or adjacent and neighbouring parcels.
11.2.25 A Garden Suite shall be designed, sited, constructed, finished
and sided in a manner that is visually compatible, in the opinion
of the Development Authority, with the residential character of
adjacent and neighbouring lands and/or the neighbourhood in
general. The following guidelines may be considered by the
Development Authority:
a) The suite should not be placed in front of the primary
residence or placed in a manner that could obstruct the view
from a house on an adjacent property;
b) The suite shall not be placed on any easements and shall
not be placed on a gas line;
c) The suite shall be sited in accordance with setback
regulations for a principal building; and
d) The site shall be graded to avoid ponding under or around
the suite.
11.2.26 A Garden Suite shall not be subject to separation from the
principal dwelling through a condominium conversion or
subdivision.
11.2.27 The maximum floor area of the Garden Suite shall not be more
than 50% of the floor area of the principal building.
Boarding Home
11.2.28 There shall be no food preparation or cooking for guests within
any area except the common kitchen. All facilities shall meet
public health regulations and be kept in a manner satisfactory to
the health regulatory authority.
11.2.29 Minimal exterior modification of the structure or grounds may be
made only if such changes are compatible with the character of
the area or neighbourhood.
11.2.30 No more than four (4) guest rooms shall be allowed in the home.
Home Occupation
11.2.31 The operation of the Home Occupation shall be subordinate
and incidental to the principal use of the site as a resident-
occupied agricultural or country residence.
11.2.32 The use shall be conducted entirely within the residential
dwelling unit and shall not have any exterior evidence of a
secondary use on the site.
11.2.33 There shall be no outside storage or exterior display of goods,
materials, or equipment associated with the applied use.
11.2.34 There shall be no external advertising.
11.2.35 The use shall not create or become a public nuisance.
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11.2.36 The character of the district in which the Home Occupation is
located shall not be disturbed by dust, noise, smoke, or smell
generated by the use.
11.2.37 Only the residents of the residential dwelling unit shall be
employed in the Home Occupation.
11.2.38 The Development Authority may void any permit for a home-
based business for noncompliance with this Bylaw. If the permit
is revoked or is not renewed, it becomes null and void, and said
use shall be terminated.
11.2.39 Home-based business permits shall remain in effect for a period
of one year from the date of issuance. The said permit will be
automatically renewed subject to conformance with this Bylaw.
11.2.40 The use shall be valid only for the period of time the property
is occupied by the applicant for such use.
11.2.41 Permits for home-based businesses shall not be regarded as
permits that "run with the title." If the operator of the home-based
business ends the home-based business for a period of more
than six (6) months or if ownership of the subject property where
the home based business is located is transferred to another
person, the existing permit shall be void.
Home Based Business (Minor and Major)
11.2.42 The operation of the Home Based Business shall be
subordinate and incidental to the principal use of the site as a
resident occupied agricultural or country residence.
11.2.43 External advertising shall be in accordance with signage
requirements provided in the General Regulations.
11.2.44 The use shall not create or become a public nuisance.
11.2.45 No use shall cause an increase in the demand placed on
one or more utilities (water, sewer, electricity, telephone,
garbage, etc.) such that the combined total consumption for a
residential dwelling unit and its Home Based Business
substantially exceeds the average for residential dwelling units in
the area.
11.2.46 The use shall not generate substantially more traffic and parking
than is normal for the district in which the use is located.
11.2.47 Off-site parking shall not be allowed.
11.2.48 The character of the district in which the Home Based Business
is located shall not be disturbed by dust, noise, smoke, or smell
generated by the use.
11.2.49 Outdoor storage as an Accessory Use is prohibited in multi-
parcel country residential districts. The Development Officer,
when considering a development permit application for a Home
Based Business that involves the Outdoor Storage or display of
raw or finished or unfinished goods or equipment directly
associated with the use, may impose conditions requiring the use
and maintenance of landscaping, berming, fencing, vegetation,
or other screening of a location, length, thickness, type, height,
and extent that is considered necessary to buffer the proposed
development from adjacent or neighbouring land uses.
11.2.50 An applicant shall be required to enter into a development
agreement with the municipality to ensure the Home Based
Business complies with all relevant requirements of this Bylaw.
11.2.51 No use requiring electrical or mechanical equipment shall
cause a substantial fire rating change in the structure or the
district in which the Home Based Business is located.
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11.2.52 The use shall be valid only for the period of time the property
is occupied by the applicant for such use. Council may place a
limit on the time period for the approval of the discretionary use.
11.2.53 All permits issued for a Home Based Business shall be subject
to the condition that the development permit may be revoked at
any time subject to the provisions of Section 242 of the MGA if,
in the opinion of Council, the operation has not met the
regulations
and
standards
applicable
to
Home Based
Businesses contained in this Bylaw, or the special standards
applied by Council at the time of approval.
11.2.54 Council shall place any additional conditions for approval
deemed necessary based on a specific application to secure the
objectives of this Bylaw.
Minor Home Based Business
11.2.55 In addition to the general requirements, a minor Home Based
Business shall comply with the following:
a) A minor Home Based Business shall not occupy more than
40% of the gross cumulative floor area of the principal
dwelling and Accessory Buildings;
b) Any storage of materials or goods related to the operation of
the Home Based Business must be located within the
principal dwelling and/or Accessory Building(s). No exterior
storage is permitted;
c) Up to eight (8) on-site client visits per 24 hour period in an
agricultural district or up to four (4) on-site client visits per
24 hour period in all other districts shall be permitted;
d) A minor Home Based Business shall be operated by the
permanent resident(s) of the principal dwelling, and no
more than two (2) non-resident on-site employees; and
e) Up to one (1) commercial vehicle used in association with a
minor Home Based Business may be parked and/or stored
on-site.
Major Home Based Business
11.2.56 In addition to the general requirements, a major Home Based
Business shall comply with the following:
a) A major Home Based Business shall not occupy more than
40% of the gross cumulative floor area of the principal
dwelling and Accessory Buildings;
b) Outside storage of goods, materials, commodities, or
finished products, where permitted by the Development
Officer, shall satisfy the minimum setback requirements for
buildings in the district and shall not exceed 10% of the
parcel size;
c) Up to ten (10) on-site client visits per 24 hour period in an
agricultural district or up to six (6) on-site client visits per 24
hour period in all other districts shall be permitted;
d) A major Home Based Business shall be operated by the
permanent resident(s) of the principal dwelling, and no
more than four (4) non-resident on-site employees;
e) Up to three (3) commercial vehicles used in association with
the major Home Based Business may be parked, stored
and/or maintained on-site; and
f)
The major Home Based Business use shall not generate
noise, smoke, steam, odour, dust, fumes, exhaust,
vibration, heat, glare, or refuse matter, and shall not store
hazard or combustible materials considered offensive or
excessive by the Council.
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156
Residential Sales Centre
11.2.57 A Residential Sales Centre may include one or more show homes.
11.2.58 The person wishing to construct or use an unoccupied dwelling
unit for the purpose of a show home for the sale of other
dwellings within the approved subdivision shall make application
to the Development Officer for a development permit allowing the
use of the building as a show home.
11.2.59 Development permits may be issued prior to the registration of a
phase of a subdivision providing that the phase has received
approval by the Subdivision Approving Authority, there is a
development agreement in place, and there is a gravel surfaced
road constructed from the municipal road to the show the parcel
in accordance with the development agreement.
11.2.60 The conditions of the development permit for the show home may
include the following:
a) Advertising signs and features providing details of these
features including location, type, and number that were
submitted as part of the application. All advertising signs
and features shall be removed immediately upon the
cessation of use of the building as a show home.
b) The show home shall not be open to the public for viewing
unless and until the road to the show home is graveled to
municipal standards and, in subdivisions that are to be fully
serviced, the show home is connected to municipal sewer
and water.
c) There shall be signs posted at adjacent occupied residences
by the show home builder indicating that these homes are
private and not for viewing.
d) The show home shall not be operated as a show home or
sales office for a period in excess of twelve (12) months
unless the development permit is renewed at the discretion
of the Development Authority.
e) A show home is regulated by the regulations of the land use
district in which it is located.
f)
The appearance of the show home shall, in the opinion of
the Development Officer, be compatible with the character
of other buildings in the vicinity and include hard surface
access for pedestrians.
g) A show home shall be located in close proximity to the
entrance to the subdivision, not within a cul-de-sac or the
terminal end to the internal subdivision road.
11.2.61 A show home sign is a temporary sign and shall comply with the
following:
a) Only be placed on a site with an approved Residential Sales
Centre.
b) Have a maximum total sign area for all show home signs on
a site of:
i)
3.0 m² (32.29 ft²) on a site less than 0.25 ha (0.62
acres);
ii)
12.0 m² (129.17 ft²) on a site greater than 0.25
ha (0.62 acres) but less than 1.0 ha (2.47 acres);
and
iii)
24.0 m² (258.33 ft²) on a site greater than 1.0 ha
(2.47 acres).
iv)
Be located from a property line a minimum of:
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i)
1.5 m (4.92 ft) on a site less than 0.25 ha (0.62
acres); and
ii)
3.0 m (9.84 ft) on a site greater than 0.25 ha (0.62
acres).
iii)
Have a maximum height of:
i)
3.0 m (9.84 ft) on a site less than 0.25 ha (0.62
acres); and
ii)
6.0 m (19.69 ft) on a site greater than 0.25 ha
(0.62 acres).
iii)
Be removed:
i)
Upon completion of the subdivision for which it is
advertising;
ii)
Upon removal of a temporary sales office for which
it is advertising;
iii)
Upon residential occupancy of the show home for
which it is advertising;
iv)
Within three (3) years from the date of approval of
the development permit for a Residential Sales
Centre; or
v)
Or whichever comes first.
11.2.62 There shall be a maximum of:
a) Two (2) Show Home signs on a site less than 0.25 ha (0.62
acres); and
b) Four (4) Show Home signs on a site greater than 0.25 ha
(0.62 acres).
11.2.63 Flag signs used for Show Home purposes are not included in the
maximum number of Show Home signs on a site, but are subject
to all other regulations of this Bylaw.
Shipping Containers in Residential Districts
11.2.64 The maximum number of shipping containers that shall be
allowed on a parcel is as follows:
a) .07 to 4.05 ha (0.17 to 10.0 acres) - one (1) container;
b) 4.05 to 12.14 ha (10.0 to 30.0 acres) - three (3)
containers; and
c) 12.14 ha (30.0 acres) or more - four (4) containers.
11.2.65 Shipping containers shall be strictly prohibited in any front yard
of the property. A shipping container shall be allowed to the side
or rear of buildings on the same parcel and shall not be placed
within required setbacks.
11.2.66 Shipping containers shall be visually screened from public roads
and neighbouring properties to the satisfaction of the
Development Officer.
11.2.67 A shipping container where permitted shall be used for storage
purposes only, excluding any dangerous or hazardous materials.
11.2.68 Notwithstanding Subsection 11.2.67, the use of a shipping
container as a dwelling is prohibited in all land use districts,
except where they have been modified to the satisfaction of the
Development Officer. Where a shipping container is proposed to
be used as a dwelling, it must comply with all other regulations in
this Bylaw applicable to standard dwelling houses.
11.2.69 Shipping containers shall not be allowed in CRE, CRS, land use
districts.
part IV - Development Regulations
158
11.2.70 No more than one (1) shipping container shall be permitted per
UR parcel and shall be painted or sided with similar colour or
material as the primary residence.
Mobile Homes
11.2.71 The following standards shall apply to all Mobile Home:
a) A Mobile Home shall have the following features:
i)
Minimum roof pitch of 5.0 cm (2.0 inches) of
vertical rise for every 30.5 cm (12.0 inches);
ii)
Minimum eaves overhang of 15.24 cm (6.0
inches);
iii)
Minimum length to width ratio of 3:1; and
11.2.72 A Mobile Home does not include an industrial unit or a single
detached dwelling.
11.2.73 Mobile Home older than twenty (20) years old at the time of
application shall be prohibited on parcels in the CRE and CR3
districts.
Work Camps
11.2.74 Notwithstanding Subsection 3.2 of this Bylaw, a development
permit may be required for the construction of a temporary
industrial or residential camp as an accessory Use to an
industrial use on the same or nearby parcel.
11.2.75 In considering an application for a temporary Industrial Camp, the
Development Authority shall consider the following:
a) The location, type, and purpose of the camp;
b) Access to the camp;
c) The provision of services to the camp;
d) Adjacent land uses; and
e) The duration of the development.
11.2.76 The development of a temporary Industrial Camp shall conform
to the Alberta Safety Codes Act and Environmental Protection
Standards.
11.2.77 Federal, provincial or municipal Work Camps do not require a
development permit.
11.2.78 A development permit for a temporary Work Camp may be issued
for up to one (1) year. A continuation of that use for a further year
will be conditional upon no complaints being received by the
Development Authority regarding the development.
11.2.79 An application for a development permit for a Work Camp must
provide the following information:
a) The location, type and purpose of the camp;
b) Adjacent land uses;
c) The method of supplying water and sewage and waste
disposal to the camp. The proposed method of sewage
disposal must comply with the Alberta Private Sewage
Treatment and Disposal Regulations and be to the
satisfaction of the Alberta Health Services;
d) The number of persons proposed to live in the camp;
e) The (miscellaneous lease) number issued by AESRD;
f)
The start date for development, date of occupancy by
residents, and removal date for the camp;
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g) reclamation measures once the camp is no longer needed;
and
h) Letters of support from the adjacent land owners or
residents, or relevant agencies (RCMP) when required by
the Development Authority.
Mobile Home Subdivisions and Parks
11.2.80 All roads in a Mobile Home Park shall be constructed to municipal
standards and specifications according to established policy.
Minimum right-of-way width shall be as per policy.
11.2.81 A Mobile Home Park shall provide a pedestrian walkway system
of at least 1.0 m (3.28 ft) in width for movement between
individual Mobile Homes, the Park street and all community
facilities provided for Park residents.
11.2.82 Visitor parking space shall be provided at a ratio of at least one
(1) space for every two (2) Mobile Home units and shall be
located at convenient locations throughout the Mobile Home
Park, and shall not be used for the storage of boats, trailers, etc.
11.2.83 The design of a Mobile Home Park shall be to the satisfaction of
the Development Authority.
11.2.84 All municipal utilities in a Mobile Home Park shall be installed
underground.
11.2.85 In a Mobile Home Park, 5% of the gross site area shall be devoted
to recreational use or open space. This recreation space shall be
placed in locations convenient to all Park residents, designed to
minimize traffic hazards, but shall not be included in areas
designated as buffer strips.
11.2.86 All areas of a Mobile Home Park not occupied by Mobile Homes,
internal
roads,
pedestrian
walkway
system,
driveways,
permanent buildings and any other developed facilities, shall be
fully landscaped to the satisfaction of the Development Authority.
Screen fences or walls shall be erected where determined
necessary by the Development Authority around storage and
laundry yards, refuse collection points, and playgrounds.
11.2.87 No part of the Mobile Home Park shall be used for non-residential
purposes except for such uses that provide amenities to the
residents and for the management and maintenance of the Park.
11.2.88 Each Mobile Home stall shall be clearly marked off by means of
stakes, countersunk steel posts, fences, curbs or hedges.
11.2.89 Street lighting in a Mobile Home Park shall be to the same
standard as that in a conventional residential neighborhood:
a) Only one main, free-standing, identification sign of
residential character and appearance shall be erected at
the entrance to a Mobile Home Park unless the
Development Authority is of the opinion that a further and
similar sign shall be allowed under exceptional circum-
stances involving the layout, location and size of the Park in
relation to the surrounding areas. The sign or signs shall be
of a size, type and construction acceptable to the
Development Authority; and
b) Directional signs within the Mobile Home Park must be
integrated in design and appearance, and kept in scale with
the immediate surroundings and constructed of durable
material.
11.2.90 A Mobile Home Park shall comply with the standards of the
Canada Mortgage and Housing Corporation (CMHC).
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160
11.2.91 The
following
properties
have
been
designated
as
Manufactured/Mobile
Home
Communities/Parks
for
the
purposes of Part 9 of the MGA:
a) SW 20-55-03-W5M (Fern Valley);
b) Lot 1, Block 14, Plan 842 2125 and Lot 3, Block 14, Plan
902 1577 (Riverside Trailer Park - Sangudo);
c) Lot 3, Block 14, Plan 902 1577 (Riverside Trailer Park -
Sangudo);
d) Lot 1, Block 11 A, Plan 852 2174;
e) Lots 3-6, Block 11A, Plan 892 1950;
f)
Lots 1-10, Block 1, Plan 972 2075;
g) Lots 1-3 and 10-12, Block 16, Plan 782 1378; and
h) Lots 1-3 and 22-24, Block 17, Plan 782 1378.
Recreational Vehicle Regulations
11.2.92 Regardless of District, a Recreational Vehicle Use for any Period
of time shall comply with the following conditions:
a)
Recreational Vehicles shall be solely for private personal
use. No fee, payment or other consideration shall be
chargedor collected for placement of the Recreational
Vehicle(s) on the parcel and the Recreational Vehicles shall
not be used for a commercial purpose;
b)
The placement of Recreational Vehicle(s) shall comply with
the applicable site setback requirements and other
regulations of the appliciable district.
c)
The placement of the Recreational Vehicle(s) shall not, in
the opinion of the Development Authority, result in any one
or more of:
1) Offensive or Objectionable conditions;
2) Adverse impacts on the use, enjoyment or value of
neighbouring parcels, or;
3) Adverse impacts on the capacity, operation or condition
of any Public Utility or municipal infrastructure including
highways or roads.
Recreational Vehicles in Agricultural Districts
11.2.93 Subject to 11.2.98, no person shall cause or permit the
placement of more than six (6) Recreational Vehicles on any
parcel located in the Agricultrul 1 (AG1) and Agricultrul 2 (AG2)
districts, and no more than three (3) Recreational Vehicles on
any parcel located in the Agricultural Fringe (AGF) districts.
Recreational Vehicles on Vacant Parcels In Residential Districts
11.2.94 In the Existing Country Residential (CRX), Country Residential
Subdivision (CRS), Country Residential Estates (CRE), Lakeside
Residential (LR) or Urban Residential (UR) Districts:
a)
Where there is no principal Residence on the parcel, no
Recreational Vehicle shall be placed on the parcel, subject
to 11.2.98;
b)
Where there is a principal residence on the parcel or where
11.2.98 applies, the number of Recreational Vehicles
allowed to be placed must not exceed the maximum
number specified in the regulations of the applicable
district.
11.2.95 No person shall cause or permit the placement of more than
two (2) Recreational Vehicles on any vacant parcel under 2.5
acres or more than three (3) Recreational Vehicles on any
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vacant Parcel 2.5 acres or larger located in the Country Living
Residential (CLR) district.
11.2.96 No person shall cause or permit a Recreational Vehicle to be
placed on a vacant parcel in the Country Residential 3 (CR3)
District unless a valid and subsisting development permit has
been issued for that purpose, except in compliance with section
11.2.97.
11.2.97 Subject to 11.2.98, in the Country Residential 3 (CR3) District,
no person shall cause or permit the placement of more than:
a)
Two (2) recreational vehicles on any parcel of land less
than 2.5 acres.
b)
Three (3) Recreational Vehicles on any parcel 2.5 acres or
larger.
Recreational Vehicles on Developed Parcels In Residential Districts
11.2.98 The placement of Recreational Vehicle(s) without a
development permit on a parcel located in the Existing County
Residential Estates (CRX), Country Residential Subdivision
(CRS), Country Residential Estates (CRE), Country Residential 3
(CR3) or Urban Residential (UR) District while construction of a
residence on the parcel is ongoing may be permitted only if:
a)
a valid and subsisting development permit has been
issued for the construction of a residence on the parcel;
b)
construction of the residence is ongoing in accordance
with the conditions and requirements of the development
permit and Land Use Bylaw, including but not limited to
Section 3.13, and;
c)
the requirements of Section 11.2.92 are complied with.
Temporary Placement of Recreational Vehicles in Excess of Maximum
11.2.99 In the Country Residential Ranch (CRR), Country Living
Residential (CLR), Existing Country Residential (CRX), Country
Residential Subdivision (CRS), Country Residential Estate (CRE),
Country Residential 3 (CR3), Lakeside Residential (LR), and
Urban Residential (UR) districts, the placement of more
Recreational Vehicles than the maximum allowed in the
respective land use district may be allowed on a temporary
basis for not more than 7 total days within a calendar month.
Placement of more than the maximum number of Recreational
Vehicles is subject to subject to section 11.2.92 and the
discretion of the Development Authority.
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162
11.3 Commercial Uses
Service Station
11.3.1 Service stations shall be located in such a manner that:
a) No access to the service station for motor vehicles is within
60.0 m (196.85 ft) of an access to a fire hall, public or private
school, playground, library, church, hospital, children's or
senior citizen's facility, or other similar public or quasi-public
institutions;
b) No part of a Service Station building or of any pump or other
accessory structure shall be within 6.0 m (19.69 ft) of a side
or rear property line;
c) A front yard setback is not less than 12.0 m (39.37 ft) and no
gasoline pump or gasoline storage tank shall be located
closer than 6.0 m (19.69 ft) to the front property line;
d) All petroleum storage tanks shall be located and installed in
accordance
with
the
Environmental
Protection
and
Enhancement Act, the Alberta Safety Codes Act, and the
Petroleum Tank Management Association of Alberta and
shall be subject to the setback requirements outlined in
Table 11.3.1;
e) A canopy over a pump island shall not extend more than 3.0
m (9.84 ft) from the property line of the site; and
f)
The canopy area for a Service Station shall not constitute part
of the site coverage.
Table 11.3.1 - Fuel Storage Setback Requirements
Fuel Storage
Setback Requirement
Less than 7,500 L
3.0 m (9.84 ft)
7,501 L to 19,000 L
5.0 m (16.40 ft)
19,001 L to 38,000 L
7.5 m (24.61 ft)
Greater than 38,000 L
10.5 m (34.45 ft)
11.3.2 For service stations with car washing facilities, a minimum of five
(5) queuing spaces shall be provided per service lane or washing
bay, plus a minimum of two (2) queuing spaces located
downstream of each service lane or washing bay; and
Site Area and Coverage
11.3.3 The minimum site area shall be 740.0 m² (7,965.29 ft²) and the
maximum building coverage shall be 25% of the site area. For
service stations including car washing facilities, the minimum site
area shall be 1,110.0 m² (11,947.94 ft²).
11.3.4 Where a service station forms part of a commercial shopping
market or automotive sales and rental use, the minimum site
area and maximum building coverage may be varied at the
discretion of the Development Authority.
Site and Building Requirements
11.3.5 All parts of the site to which vehicles may have access shall be
surfaced and drained to the satisfaction of the Development
Authority.
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11.3.6 No activity may be carried out which constitutes a nuisance or
annoyance to persons occupying land in the immediate vicinity of
the site, by reason of dust, noise, gases, odours, smoke, or
vibration.
11.3.7 The development shall be maintained in a clean and orderly
condition and free from all rubbish and debris.
Liquor Sales / Distribution Services
11.3.8 A Liquor Store should not be located in close proximity to any site
being used for community recreation, parks, public or private
education, or religious assembly. In exercising discretion, a
Development Officer will have regard for the orientation and
access of the liquor store.
Cannabis Sales/Distribution Services
11.3.9 A Cannabis Retail Sales facility shall comply with all provincial
and federal laws and regulations
Motels
Interpretation
11.3.10 For the purpose of this Subsection, a rental unit means a
separate unit on a motel site used or intended to be used for
temporary accommodation of one or more persons.
Space between Buildings
11.3.11 Except in cases of rental units and any other buildings that are
connected by a continuous roof to form a shelter for motor
vehicles, not less than 3.6 m (11.8 ft) of clear and unoccupied
surface space shall be provided between each rental unit and
any other building on the site.
Driveways
11.3.12 Each rental unit shall face onto or abut an internal roadway not
less than 6.0 m (19.69 ft) in width and each rental unit shall have
unobstructed access to the internal roadway.
Entrances and Exits
11.3.13 A motel shall not have more than one (1) motor vehicle entrance
and one (1) motor vehicle exit to access a street. Each access
shall be a minimum width of 7.5 m (24.61 ft) measured at its
minimum dimensions. Where one (1) combined motor vehicle
entrance and exit is provided, it shall be a minimum width of 9.0
m (29.53 ft).
Maintenance of Site and Buildings and Business
11.3.14 The owner, tenant, operator, or person in charge of a motel shall
maintain:
a) The site and the buildings, structures, and improvements
thereon in a clean, tidy, and attractive condition, free from
all rubbish and debris;
b) Waste facilities to the satisfaction of the Development
Authority;
c) Landscaping to the satisfaction of the Development
Authority.
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164
11.4 Institutional, Cultural and Related Uses
Place of Worship
11.4.1 All religious assembly uses shall comply with the following
general regulations:
a)
A site for a Place of Worship use shall:
i)
Be located on a corner parcel or parcels or in such
a way that it would minimize the impact on adjacent
development. In no instance shall a site for a
religious assembly use be approved in the interior
of the block unless at least one of the adjacent
developments is other than residential;
ii)
Be of such a size that would provide adequate
parking and landscaping in accordance with the
regulations of this Bylaw;
iii)
Have a minimum frontage of 30.0 m (98.14 ft); and
iv)
Have a combined site area of not less than
1,400.0 m² (15069.47 ft²) where a building is used
for a residence related to a church on the same
site.
b) Where a Place of Worship use is proposed to be developed
adjacent to a residential district, the following regulations
shall apply:
i)
The maximum total site coverage shall not exceed
40%;
ii)
The maximum height shall not exceed 10.0 m
(32.82 ft) or the maximum allowable height of the
applicable district, whichever is greater;
iii)
The building setback shall be a minimum of 6.0 m
(19.69 ft) along the side yards flanking and/or
abutting residential development; and
iv)
The building setback shall be a minimum of 7.5 m
(24.61 ft) along the front and rear yards;
c) A minimum of 6.0 m (19.61 ft) of the required yard setbacks
shall be landscaped in accordance with Section 13 and to
the satisfaction of the Development Officer.
11.4.2 Notwithstanding the regulations of Subsection 11.4.1, a Place of
Worship shall:
a) Be located on a site not less than 1.6 ha (3.95 acres) in size;
b) Not exceed 20.0 m (65.62 ft) in height or the maximum
allowable height of the applicable district, whichever is
greater;
c) Have a minimum side and rear yard of 10.0 m (32.81 ft);
and
d) Have a minimum front yard of 7.5 m (24.61 ft).
11.4.3 To minimize impact on adjacent uses, a Development Officer may
require that the development be designed to reduce the building
massing through techniques including, but not limited to,
increased setbacks and landscaping; facade of elevations and
rooflines; finishing materials and colours.
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11.5 Industrial, Manufacturing and Related Uses
Rural Industries
11.5.1 The Development Authority may request advisory comments by
the following authorities whose interest or jurisdiction may be
affected when reviewing industrial use development applications
in rural areas:
a) Alberta Agriculture and Rural development (ARD);
b) Alberta Community development (ACD) and/or Alberta
Culture and Tourism (ACT);
c) Alberta Energy Regulator (AER);
d) AESRD;
e) Alberta Transportation (AT) and/or Alberta Infrastructure
(AI);
f)
Alberta Health Services (AHS); and
g) Local Fire Authority.
The Development Authority shall request that such comments
be made in writing.
11.5.2 Each
application
for
industrial
development
shall
be
accompanied by the following information:
a) Location;
b) Type of industry;
c) Size of buildings;
d) Number of employees;
e) Estimated water demand and anticipated source;
f)
Type of effluent and method of treatment;
g) Transportation routes to be used (rail and road);
h) Reason for specific location;
i)
Any accessory works required (pipeline, railway spurs, etc.);
j)
Anticipated residence location of employees; and
k) Any other information as may be reasonable, as required by
the Development Authority.
11.5.3 All site regulations and requirements shall be based on the type
of industrial development proposed, and shall be at the
discretion of the Development Authority.
Shipping Containers in Industrial Land Use Districts
11.5.4 There is no limit to the number of shipping containers used for
storage or warehousing in a commercial or industrial district
where storage and warehousing is an approved principal or
accessory Use.
11.5.5 Shipping containers shall be strictly prohibited in any front yard
of the property. A shipping container shall be allowed to the side
or rear of buildings on the same parcel and shall not be placed
within required setbacks.
11.5.6 Shipping containers shall be visually screened from public roads
and neighbouring properties to the satisfaction of the
Development Officer.
11.5.7 A shipping container where permitted shall be used for storage
purposes only, excluding any dangerous or hazardous materials.
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Recreational Vehicle Storage
11.5.8 The keeping of more than (4) recreational vehicles shall comply
with the following regulations:
a) Any storage of recreational camper vehicles shall be located
in the side or rear yard and shall be screened to the
satisfaction of the Development Officer.
b) A minimum of 6.0 m (19.69 ft) of the required yard setback
shall be landscaped or screened.
c) A detailed landscape plan shall be provided to the
satisfaction of the Development Officer and shall include
berms, fencing, vegetation, or other screening provisions.
Where possible, existing vegetation on-site shall be
preserved and used for landscaping and screening.
d) Vehicle access to the site, as well as vehicle routes, shall be
designed in a manner that provides a safe and clearly
defined circulation pattern.
e) All on-site roadways, parking, loading, and storage areas
shall be developed in a manner that does not alter the
natural drainage pattern or interfere with the grading or
drainage onto any public roadway or other neighbouring
property. An access to a public roadway shall be designed
and maintained to prevent mud tracking onto public
roadways.
f)
Where on-site parking or storage is illuminated, all lighting
shall be positioned to minimize the light falling onto abutting
properties.
g) Any undeveloped portion of the site must be graded,
contoured, and seeded and shall provide for grading and
site drainage that no surface water shall drain onto any
public roadway or other neighbouring property.
11.5.9 Recreational vehicle storage shall not be permitted in any
residential land use district aside from CRR - Country Residential
Ranch.
Industrial Commercial Complex
11.5.10 Notwithstanding other provisions in this Bylaw, large scale
industrial or commercial complexes will be subject to the
following specific development standards.
11.5.11 When the site coverage of the proposed Industrial/commercial
complex exceeds the site coverage of typical single use
development, the applicant will be required to submit an
engineering
assessment
evaluating
the
storm
water
management capacity of the site and potential solutions for
mitigating the impacts on the capacity of the overall storm water
basin.
Cannabis Production
11.5.12 Any site for proposed Cannabis Production shall meet the
minimum separation distance of 300.0 m (984.25 ft) from a
residential parcel, school site, or provincial health care facility.
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11.6 Parks, Recreational, and Related Uses
Day Use Picnic Areas
Design Standards
11.6.1 A sufficient number of picnic tables, fire pits, and garbage cans
shall be provided to accommodate the design capacity of the site.
Exact numbers shall be at the discretion of the Development
Authority.
11.6.2 The facility shall be designed and landscaped in order to
minimize disturbance to the natural environment and to protect
heavy use areas from damage.
11.6.3 Where the day use area directly adjoins a Recreational
Residential development, adequate screening or fencing, to the
satisfaction of the Development Authority, may be provided
between the uses.
11.6.4 Parking areas and boat launch access roads should be physically
separated from the rest of the day use or picnic areas.
11.6.5 All day use areas including boat launches and swimming areas
shall be provided with a potable water supply. If water cannot be
provided on-site, alternate locations/sources shall be provided
for and indicated on a map or sign.
Waste Management Standards
11.6.6 Waste disposal systems shall be provided in accordance with the
Alberta Safety Codes Act, Provincial Board of Health Regulations,
and the AESRD Environmental Protection and Enhancement Act.
11.6.7 Provision should be made for regular maintenance of the site.
Regular garbage collection and sewage removal services must be
provided.
Basic Camping Areas
11.6.8 Basic camping areas provide sites for overnight camping without
the provision of electrical or water hookups.
Design Standards
11.6.9 Development of roads, facilities, and campsites should occupy
no more than one-half of the proposed site, leaving a minimum
of one-half in its natural state (or landscaping one-half to the
satisfaction of the Development Authority).
11.6.10 Campgrounds shall be designed and landscaped to minimize
disturbance to the natural environment and to protect heavy use
areas from damage.
11.6.11 A sufficient number of picnic tables, fire pits, and garbage cans
shall be provided to accommodate the designed capacity of the
campground. Exact numbers shall be at the discretion of the
Development Authority.
11.6.12 An adequate potable water supply shall be provided to
accommodate the drinking and washing needs of the users.
11.6.13 If boat launching and swimming facilities are not provided then
alternate locations should be indicated by a map or sign.
11.6.14 Where the camping area directly adjoins a Recreational
Residential or development, adequate screening or fencing, to
the satisfaction of the Development Authority, shall be provided
between the uses.
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Waste Management Standards
11.6.15 Waste disposal systems shall be provided in accordance with the
Alberta Safety Codes Act, Provincial Board of Health Regulations,
and the AESRD Environmental Protection and Enhancement Act.
Sealed pump out tanks are the desired method of waste
management.
11.6.16 Provision should be made for regular maintenance of the site.
Regular garbage collection and sewage removal services must be
provided.
11.6.17 Provisions shall be made for the disposal of wastewater from
washing and bathing facilities.
11.6.18 A dumping station for grey and black water wastes from self-
contained facilities in recreational vehicles shall be provided.
Semi-Serviced Campground Development
11.6.19 Semi-serviced campgrounds provide a higher level of services
than basic camping areas. Examples of these services include
electrical and water hookups as well as individual sealed pump-
out tanks on the campsites.
Design Standards
11.6.20 Development of roads, facilities, and campsites should occupy
no more than two-thirds of the proposed site, leaving a minimum
of one-third in its natural state (or landscaping one-third to the
satisfaction of the Development Authority).
11.6.21 Campgrounds should be designed and landscaped to minimize
disturbance to the natural environment and to protect heavy use
areas from damage.
11.6.22 Where the campground directly adjoins a Recreational
Residential development, adequate screening or fencing, to the
satisfaction of the Development Authority shall be provided.
11.6.23 A sufficient number of picnic tables, fire pits, and garbage cans
should be provided to accommodate the designed capacity of the
campground. Exact numbers shall be at the discretion of the
Development Authority.
11.6.24 An adequate potable water supply shall be provided to
accommodate the drinking and washing needs of the users.
11.6.25 A portion of the campsites should be serviced by electrical, water,
and/or sewage disposal hookups.
11.6.26 If boat launching and swimming facilities are not provided,
alternate locations should be indicated on a map or sign.
Waste Management Standards
11.6.27 Waste disposal systems shall be provided in accordance with the
Alberta Safety Codes Act, Provincial Board of Health Regulations,
and the AESRD Environmental Protection and Enhancement Act.
11.6.28 Provision should be made for regular maintenance of the site.
Regular garbage collection and sewage removal services must be
provided.
11.6.29 Provision shall be made for the disposal of waste water from
washing and bathing facilities.
11.6.30 A dumping station for grey and black water wastes from self-
contained facilities in recreational vehicles shall be provided.
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Full-Service Campground development
11.6.31 A Full-Service Campground provides a level of service that
supersedes that of a basic or semi-serviced campground.
Examples of such services include paved internal streets and
parking areas, and general servicing of a standard fit for
domestic dwellings.
Design Criteria
11.6.32 The following criteria and standards may be used by the
Development Authority in determining an appropriate site design
for a proposed campground development:
a) The site plan for a proposed campground shall detail
internal circulation requirements, street widths, pedestrian
circulation, site access and egress, emergency access,
parking areas, storage areas, toilet and laundry areas,
recreational areas, and campsite areas.
b) The number of access points to the campground shall be
limited to control the entry and departure of vehicles and to
minimize interference with neighbouring uses and traffic
flow.
c) The location of access points shall not route traffic through
residential areas.
d) Access points shall be designed to accommodate two-way
traffic and shall provide a clear unobstructed view for traffic
and turning vehicles. The provision of acceleration and
deceleration lanes may be required.
e) All campgrounds and sites shall have clear access and
identification for firefighting, ambulance and police.
f)
For Campgrounds proposed to be open year-round,
provision shall be made in the design of internal roads for
snow removal and snow storage;
g) For Destination Campgrounds, particularly long lease
arrangements, parking space is required for visitors. The
location of visitor parking shall not interfere with pedestrian
safety;
h) Each campsite shall have a minimum area of at least 186.0
m² (2,002.09 ft²) with an open and graded parking space
sufficient to permit a clearance of 4.5 m (14.76 ft) between
sides and 3.0 m (9.84 ft) between ends of adjacent
recreation vehicles;
i)
Campsites shall be accessible by means of a driveway at
least 3.0 m (9.84 ft) wide where the driveway is for one-way
traffic, or at least 6.0 m (19.68 ft) wide where the driveway
is for two-way traffic, and so constructed that automobiles
and trailers will not become mired;
j)
One (1) table and one (1) garbage can (or an equivalent
central garbage disposal area) shall be provided for each
campsite;
k) Recreational facilities shall not be located where they would
intrude on the privacy of adjacent campers;
l)
Noise control measures may also be required and may
include the use of berms, natural barriers, and screens and
locating noise-insensitive aspects of the campground
closest to the noise source;
m) Within the campground development, a circular one-way
system with gently curving roads, sensitive to topography
and site characteristics is preferred, and shall be "signed"
to avoid confusion; and
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n) All facilities shall meet public health regulations and be kept
in a manner satisfactory to the health regulatory authority.
11.6.33 A site plan with clearly identified streets, site numbers, and
parking areas may be required to be provided for camper
convenience and in cases of emergency.
Amenity Area in Campsites
11.6.34 Development of roads, facilities, and campsites should occupy
no more than one-half of the proposed site, leaving a minimum
of one-half in its natural state (or landscaping one-half to the
satisfaction of the Development Authority).
11.6.35 Campgrounds shall be designed and landscaped to minimize
disturbance to the natural environment and to protect heavy use
areas from damage.
11.6.36 A sufficient number of picnic tables, fire pits, and garbage cans
shall be provided to accommodate the designed capacity of the
campground. Exact numbers shall be at the discretion of the
Development Authority.
11.6.37 An adequate potable water supply approved by the Alberta Health
Services Authority should be provided to accommodate the
drinking and washing needs of the users.
11.6.38 If boat launching and swimming facilities are not provided then
alternate locations should be indicated by a map or sign.
11.6.39 Where the camping area directly adjoins a Recreational
Residential development, adequate screening or fencing, to the
satisfaction of the Development Authority, shall be provided
between the uses.
11.6.40 Waste disposal systems shall be provided in accordance with
appropriate regulatory authority standards to the satisfaction of
the Development Authority. Sealed pump out tanks are the
desired method of waste management.
11.6.41 Provision should be made for regular maintenance of the site.
Regular garbage collection and sewage removal services should
be provided.
11.6.42 Provision shall be made for the disposal of waste water from
washing and bathing facilities.
Outdoor Recreational Motorized Facility
11.6.43 Only those lands specifically designated shall be used as an
outdoor recreational motorized vehicle facility and shall be
subject to the following regulations:
a)
The use of a site or any portion of a site for the purpose of
racing or holding an organized event utilizing motorized
recreation vehicles shall:
i)
Be limited to specific times, dates, and events as
approved by the Development Officer; and
ii)
Not be permitted where it would reasonably be
injurious to the neighbourhood residents or which
would interfere with the reasonable use and enjoyment
of their property by reason of the emission of dust,
smoke, odour, glare, noise, vibration, garbage, debris,
water spray, traffic to the site or by any other reason or
condition which would amount to a public nuisance.
iii)
Activities on-site are limited to May to October
inclusive, 9:30 a.m. - 7:00 p.m.
iv)
A minimum of 6.0 m (19.69 ft) of the required yard
setback shall include landscaping or screening using
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natural vegetation on-site, berms, or fencing to the
satisfaction of the Development Officer.
v)
A minimum of 30.0 m (98.43 ft) setback from any
property line shall be provided to any portion of the
track or trail area used by any outdoor recreation
motorized vehicle.
vi)
Vehicle entrances, exits, and on-site vehicle roadways
shall be designed in a manner that provides a safe and
clearly defined circulation pattern.
vii)
All on-site roadways and parking areas shall be
drained, developed, and maintained to the satisfaction
of the Development Officer and the county engineer.
viii)
There shall be no storage of vehicles or unauthorized
equipment or materials on-site.
Golfing Facilities
11.6.44 Golfing facilities may include a golf course or golf driving range
and is considered an Intensive Recreational use.
11.6.45 An applicant for golfing facilities shall submit plans and
associated information requirements in accordance with the
following:
a) A golf driving range may be allowed:
i)
On lands considered to be of marginal quality for
agricultural purposes due to such conditions as poor
soil type, lack of water availability or where there may
be an abundance of surrounding incompatible non-
agricultural uses;
ii)
Where the use is intended, designed, and sized to
primarily serve the surrounding and rural area;
iii)
As a buffer between an agricultural operation and an
existing or planned residential area or other use found
to be incompatible with agricultural uses; and
iv)
Where it is compatible with, and will not limit any
agricultural operation.
b) Setbacks, landscaping buffers, fencing, and other measures
shall be provided to minimize the impacts on existing and
potential uses in the area.
c) Development associated with golfing facilities shall be
limited to those that serve golfers (i.e., pro shop with
incidental sales of golf equipment, snack bar, and
maintenance
operations).
Eating
and
Drinking
Establishments or other food or beverage services, other
retail sales, lodging, or similar uses shall require a separate
development permit; and
d) This use shall not substantially alter the natural
environment
or
be
detrimental
to
a
residential
neighbourhood.
Bareland Recreational Resorts
11.6.46 For the purposes of this Section, bareland recreational resorts or
resort cottages are considered structures that are to be used for
the private or exclusive use of the applicant or owner with the
state of ownership setup in a condominium.he Development
Authority may require the applicant to retain a qualified
professional to prepare a risk assessment to determine the
impact of development on surrounding land uses including traffic
and noise impacts.
11.6.47 The following design standards shall apply to bareland
recreational resort developments:
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172
a) The development of roads, facilities and resort cottages
should occupy no more than two-thirds of the proposed site,
leaving a minimum of one-third in its natural state (or
landscaping to the satisfaction of the Development
Authority);
b) The site should be designed and landscaped in order to
minimize disturbance to the natural environment and to
protect heavy use areas from damage;
c) The development site shall be well drained and located in
areas free of standing water;
d) Developments shall comply with the Alberta Safety Codes
Act;
e) Minimum facilities shall include individual electrical outlets
and water supplies, toilets, showers, refuse containers, and
cooking facilities;
f)
Other facilities should include individual water and/or sewer
connections, laundry, picnic tables, on-site parking, grocery,
and recreation building;
g) Adequate lighting shall be provided at entrances and public
areas;
h) Mechanical equipment (including rooftop mechanical
equipment) shall be screened from view. Screening shall be
compatible with the theme and character of the site;
i)
An activity or play area should be provided;
j)
If boat launching and swimming facilities are not provided,
alternate locations should be indicated on a map or sign,
installed at the site;
k) Where the bareland recreational resort directly adjoins a
Recreational Residential development, adequate screening
or fencing, to the satisfaction of the Development Authority,
shall be provided between the uses; and
l)
The Development Authority, in considering an application,
may impose conditions requiring the retention of trees or
additional plantings of such a type and to the extent that are
considered necessary.
11.6.48 The following waste management standards shall apply to
bareland recreational resort developments:
a) Waste disposal systems shall be provided in accordance
with the Alberta Safety Codes Act, Provincial Board of
Health Regulations, and the Environmental Protection and
Enhancement Act to the satisfaction of the Development
Authority.
b) Provision should be made for regular maintenance of the
site. Regular garbage collection and sewage removal
services must be provided.
c) Provision shall be made for the disposal of waste water from
washing and bathing facilities.
d) A dumping station for grey and black water wastes from self-
contained facilities in recreational vehicles shall be
provided.
11.6.49 All waste collection areas shall be screened from view of a road.
Screening shall take the form of berming, landscaping, or solid
fencing or any combination of the foregoing.
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11.7 Waste Management
Waste Management Facility
11.7.1 A waste management facility shall be for the purpose of providing
for the containment and disposal of solid wastes, and be subject
to the following regulations:
a) Placement of proper Landfill liner and leachate collection
system;
b) Execution of a surface water and groundwater monitoring
program;
c) Implementation of a surface water management plan;
d) Installation of a methane venting system;
e) Location and placement of a gatehouse/scale at the
entrance of the solid waste management site to control
access and unauthorized dumping;
f)
Maintenance of a daily log to record incoming material by
origin, tonnage and contents;
g) If waste water treatment sludge is being accepted, an
appropriate procedure to mark sludge areas and the placing
of sludge in contained areas to prevent uncontrolled
release;
h) Establishing an operation plan that provides for regular
operating hours, emergency operation plans, proper
covering, and effective compaction;
i)
A management plan to require provision for daily cover,
control of site drainage, and control of windblown litter,
rodents, dust, and odour;
j)
A reclamation plan for the solid waste management site;
k) Encourage a recycling plan; and
l)
All parking and manoeuvring areas must be dust-proofed by
pavement, crushed rock, landscaping or another means
approved at the discretion of the approving authority.
Recycling Depot
11.7.2 The following criteria shall apply to all new recycling depots:
a) If outdoor storage is an Accessory Use of the operation, all
Outdoor Storage areas shall be screened from adjacent
properties and roadways;
b) All outdoor storage or stockpiles of materials shall not be
higher than the approved screening;
c) The owner/applicant may be required to provide debris and
dust control mitigation measures to the satisfaction of the
Development Authority;
d) If household waste and/or organics are received as an
accessory Use of the operation, there shall be no Outdoor
Storage. Household waste and organics must be regularly
removed from the site; and
e) The owner/applicant may be required to undertake
mitigating measures to minimize any odour escaping the
facility, at the discretion of the Development Authority.
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11.8 Utilities and Related Uses
Public Utility
11.8.1 Where municipal utilities such as sewer, water, stormwater
services, natural gas, or power for individual parcels or Bareland
condominium parcels are required by the County Engineer, a
Development Officer may refuse a use or development or impose
a condition requiring the applicant to enter into a development
agreement with the County to construct or pay for the
construction or upgrading of services necessary to serve the
development.
11.8.2 Servicing for private or public sewer, water, and stormwater, shall
comply with the County Bylaws and be to the satisfaction of the
county engineer having regard for the need for services to serve
the development and the protection of the quality of surface and
groundwater.
11.8.3 Where servicing is required for individual parcels or Bareland
condominium parcels, a Development Officer may impose a
condition requiring the applicant to provide a guaranteed security
to ensure that all on-site utilities, including surface drainage, are
constructed to the satisfaction of the county engineer. The
security may take the following forms:
a) Cash to a value equal to 100% of the estimated costs; or
b) An irrevocable letter of credit having the value equivalent to
100% of the established costs.
c) A value in one the forms outlined above and approved in
writing by the Manager of Planning and the General
Manager of Infrastructure and Planning.
11.8.4 Where security has been submitted for on-site services, security
of Section 11.8.3 is not required.
11.8.5 If cash is offered as security, interest may be payable and it shall
be held by the County until the on-site servicing has been
installed and the county engineer is satisfied through site
inspection, or issuance of a parcel Grading Certificate and/or
Final Acceptance Certificate, that this has occurred.
11.8.6 If a letter of credit is offered as security, it shall be in a form
satisfactory to the County. The initial term of the letter of credit
shall be one year. The letter of credit shall be automatically
renewable, until such time as the conditions of approval of the
development permit, or the terms of a development agreement
have been fulfilled to the satisfaction of the county engineer.
11.8.7 The owner shall notify the County thirty (30) days prior to the
completion of on-site servicing, in order to provide sufficient time
for the county engineer to inspect the on-site servicing to ensure
it was constructed in accordance with the construction drawings.
If conditions are satisfactory to the county engineer, the letter of
credit may be released by a Development Officer after the parcel
Grading Certificate and/or Final Acceptance Certificate has been
issued. If inspection cannot be made within this thirty (30) day
period due to weather conditions or other extenuating
circumstances, a Development Officer will not release the
security until a satisfactory inspection can be conducted or parcel
Grading Certificate and/or Final Acceptance Certificated can be
issued.
11.8.8 Any letter of credit shall allow for partial draws. If the on-site
servicing is not completed in accordance with the approved
construction drawings the County may draw on a cash security or
a letter of credit and the amount thereof shall be paid to the
County for its use absolutely. All expenses incurred by the County
to renew or draw upon a letter of credit shall be reimbursed by
the owner to the County by payment of invoice or from the
proceeds of the letter of credit.
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11.8.9 In the event the owner does not complete the required on-site
servicing to the satisfaction of the county engineer and the cash
or the proceeds from the letter of credit are insufficient for the
County to complete the required work, should it elect to do so,
then the owner shall pay such deficiency to the County
immediately upon being invoiced. The County shall provide an
accounting to the owner indicating how the proceeds of the letter
of credit were applied within sixty (60) days of completing on-site
servicing.
11.9 Communication, Energy and Related Uses
Telecommunication Towers
11.9.1 Lac Ste. Anne County recognizes that Industry Canada has the
ultimate authority over the placement of radio Communication
Towers, but that it has been the practice of Industry Canada to
work cooperatively with municipal governments to ensure
compliance with local land use concerns and guidelines.
11.9.2 Prior to submission of a development permit application for a
Telecommunication Tower, antenna, building or equipment as
regulated through this Bylaw, the applicant shall submit to the
municipality a statement regarding the position or opinion of
persons living within 0.8 km (0.5 miles) of the proposed
development site. The effort undertaken by the applicant in
preparing that statement should depend on such things as the
history of previous applications in the area, the size of the
proposed development, and the likelihood of it affecting nearby
landowners due to factors such as population density or viewing
areas.
11.9.3 Where possible, applicants of Telecommunication Towers,
antennas, buildings, or equipment shall attempt to utilize existing
infrastructure. To this end, companies shall co-locate where
possible and shall attempt to mount antennas on existing
structures rather than build new freestanding towers.
11.9.4 All freestanding Telecommunication Towers shall be designed to
prevent climbing or sliding down, and their base and stabilizing
lines shall be separately fenced.
11.9.5 The use of any portion of a tower or antenna for signs, other than
to provide a warning or equipment information, is prohibited.
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11.9.6 When Telecommunication Towers, buildings, or antenna
equipment become obsolete, it is required that they shall be
removed and the development site reclaimed.
Antenna, Satellite Telecommunication Towers
11.9.7 All satellite dish and amateur radio antennas applied for ham
radios or citizen band radio, and a telecommunication device that
only receives signals, shall be located on the same site as the
intended signal user.
a) Satellite dishes that conform to all other provisions of this
Bylaw do not require a development permit;
b) No satellite dish antenna that is accessory to the principal
use of a site shall be located in, or encroach onto, a front or
side yard in any residential district; and
c) Location restrictions for satellite dish antennas may be
waived where the applicant can demonstrate, to the
satisfaction of the Development Authority that compliance
would interfere with signal reception.
11.9.8 Amateur radio antennas with a height of 15.0 m (49.21 ft) or
more in multi-parcel residential districts other than country
residential Districts shall be considered a discretionary use.
11.9.9 Antennas shall not be illuminated unless required by Transport
Canada regulations, and except for a manufacturer's logo, shall
not exhibit or display any advertising.
11.9.10 An antenna and supporting structure for the following uses are
discretionary in all districts:
a) Radio and television transmission;
b) Two-way radio;
c) Common carriers;
d) land mobile systems; and
e) Fixed point microwave.
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11.10 Intermunicipal Fringe Overlay
11.10.1 This purpose of the Intermunicipal Fringe Area Overlay is to
permit not only existing legal agricultural and residential uses
and buildings to continue as legal non-conforming uses, but
also to allow certain agricultural and residential development
within the area of the Intermunicipal Fringe Area Overlay
despite redistricting to Agricultural Fringe, Highway
Commercial or Industrial Land Use Districts in order to ensure
consistency with the three Intermunicipal Development Plans
between Lac Ste Anne County and:
a) Mayerthorpe
b) Town of Onoway
c) Town of Alberta Beach, Summer Village of Sunset Point and
the Summer Village of Val Quentin
Area of Overlay
11.10.2 Lands subject to the Intermunicipal Fringe Area Overlay are
identified in the Intermunicipal Fringe Area Overlay Map 14-
16. If there is a conflict between the Intermunicipal Fringe
Area Overlay and the Land Use District, the Intermunicipal
Fringe Area Overlay takes precedence.
Permitted and Discretionary Uses
11.10.3 In addition to those uses listed as permitted and discretionary
in the underlying Land Use District, the following permitted
and discretionary uses may be considered discretionary in
Agricultural Fringe, Highway Development and Industrial
Districts within the Intermunicipal Fringe Overlay Area:
a)
Single Detached Secondary Dwelling;
b)
Farm Building;
c)
Extensive Agriculture;
d)
Hobby Farm;
e)
Kennel Breeding, Boarding;
f)
Mobile Home;
g)
Modular Home; and
h)
Rural Industry.
Requirements of Development Permits issued in the
Intermunicipal Fringe Overlay
11.10.4 Where a use is being approved in accordance to Section
11.10.3 of the Land Use Bylaw the Development Permit shall
be issued a time limit of no more than 50 years at which time
said permit expires. After that expiry a new development
permit may be reissued subject to a decision by the
Development Authority if it is deemed the application still
meets the intent of the Intermunicipal Development Plan and
adjacent land uses will not conflict with the use.
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12 Parking and Loading Standards
12.1 General Regulations
Off-Street Parking
12.1.1 Off-street parking space shall be provided in accordance with the
requirements in their respective land use districts, and the
parking schedule outlined in Subsection 12.2.
12.1.2 Unless otherwise approved by the Development Authority, a
loading space shall be located on the same parcel as the
principal building or use.
On-Street parking
12.1.3 On-street parking or loading is not permitted on municipal
roadways unless specifically permitted by the Development
Officer.
12.1.4 Where poor field conditions prohibit the on-site parking and
loading of agricultural equipment, such equipment may be
permitted to be parked or loaded on municipal roadways where,
in the opinion of the Development Officer, it does not significantly
interfere with the continued safe usage of the roadway.
Design and Location of Parking and Loading
12.1.5 The applicant shall be required to construct or pay for the
construction of parking and loading facilities and include an
adequate, safe, and convenient arrangement of vehicular points
of ingress or egress, driveways, internal roadways, aisles and
ramps, and unloading and loading of motor vehicles all in relation
to buildings and entry points to buildings on the site.
12.1.6 Where a proposed development will, from time to time, require
pick-up or delivery of commodities, the applicant shall be
required to construct and pay for the construction of adequate
space for loading and unloading, which shall be maintained on-
site to the satisfaction of Council.
12.1.7 A loading space shall be designed and located so that all vehicles
using that space can be parked and maneuverer entirely within
the bounds of the site without backing in to or from adjacent
streets.
12.1.8 In all districts, vehicular entrances and exits onto streets shall
only be permitted at locations approved by the Development
Authority.
12.1.9 Parking stalls and loading spaces shall be so constructed that:
a) Every access to an off-street parking space or loading area
shall be hard-surfaced if the access is from a street or public
lane that is hard-surfaced;
b) Adequate access to, and exit from, each stall is provided at
all times by means of manoeuvring aisles designed to the
satisfaction of Council; and
c) Curb cuts will be provided and located as necessary to the
satisfaction of Council.
12.1.10 Parking parcel design shall ensure that all grades and drainage
shall dispose of surface water in accordance with the approved
stormwater management plan. In no case shall grades be
established that would permit surface drainage to cross any
sidewalk or site property line without the approval of Council.
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12.2 Parking Schedule
12.2.1 The parking schedule is outlined in Table 12.2.1.
Table 12.2.1: Parking Space Requirements
Type of
development
parking Space Requirements
Bed and Breakfast
One (1) parking space per guest room plus one (1)
parking space for the residential dwelling unit.
Churches, chapels,
community
centres, and other
places of assembly
Whichever is the greater of: one (1) parking space for
every 9.0 m² (97 ft²) of gross floor area devoted to
public use, or one (1) parking space for each six (6)
seats provided for patrons.
Commercial use
One (1) parking space for every 18.0 m² (194 ft²) of
gross floor area; minimum five (5) spaces.
Minor Home Based
Business
One (1) parking space per two (2) employees plus one
(1) parking space for the residential dwelling unit.
Major Home Based
Business
One (1) parking space per two (2) employees plus one
(1) parking space for the residential dwelling unit.
Industrial use
One and one-half (1 .5) parking spaces for every 90.0
m² (969 ft²) of gross floor area, but there shall not be
less than one (1) parking space for every three (3)
employees.
Motel or Hotel
One (1) parking space for each motel or hotel unit.
Recreational use
One (1) parking space for every 18.0 m² (194 ft²) of
gross floor area; minimum five (5) spaces. Where the
use does not include measurable floor space within an
acceptable principal building, parking requirements
shall be determined by Council on a case-by-case basis
considering projected peak use and typical use parking
requirements.
Residential day
cares
One (1) parking space per two (2) employees plus one
(1) parking space for the residential dwelling unit.
Residential
dwelling units
One (1) parking space for each residential dwelling unit
where parking is individually provided within or
abutting the unit.
12.3 Parking Area Provisions
12.3.1 The parking facility shall be located on the same site as the use
for which it is intended. It shall be developed such that:
a) It is reasonably accessible to the use and vehicles it is
intended to serve;
b) It is appropriately landscaped to the satisfaction of the
Development Authority;
c) It shall be maintained by the owner of the property to the
satisfaction of the municipality;
d) Each parking space within a parking facility shall be a
minimum of 2.50 m (8.20 ft) wide and 6.0 m (19.69 ft)
long except that parallel parking spaces shall be a minimum
of 6.50 m (21.33 ft) long;
e) Where two (2) or more uses are approved on any one
site, the off-street parking requirements for each use shall
be calculated as if each is a separate use and the total
number of off-street parking spaces so calculated shall be
provided, excepting the provisions specifically referred to in
the previous Subsection; and
f)
One (1) barrier-free disabled parking space shall be
provided for any required parking facility accommodating
between four (4) and one hundred (100) parking spaces.
Each barrier free parking space within a parking facility
shall be a minimum of 3.70 m (12.14 ft) wide and 7.0 m
(22.97 ft) long.
12.3.2 Any parking facility shall be developed to the satisfaction of the
Development Authority within one (1) year of the completion of
the development for which the development permit was issued.
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12.3.3 When a building is enlarged or altered in such a manner as to
cause an intensification or change of use, provisions shall be
made for additional parking spaces as required by Subsection
12.3.1.
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13 Landscaping Standards
13.1 General Landscaping Requirements
13.1.1 Landscaping
requirements
for
residential,
commercial,
industrial, institutional and recreational developments shall be in
accordance with the General Municipal Design and Servicing
Standards for Lac Ste. Anne County.
13.2 Landscaping Design and Maintenance
13.2.1 As a condition of the development permit for all development, the
Development Authority shall require all landscaping to be
completed within one (1) year of the issuance of the Construction
Completion Certificate. This includes paving required for a
commercial business operation and if necessary, landscaping as
per a landscape plan submitted as part of the development
permit to the satisfaction of the Development Authority. The
owner, applicant and/or successor or assignees, shall be solely
responsible for the necessary landscaping and proper
maintenance of the development parcel.
13.2.2 The provision of site landscaping is a permanent obligation of a
development permit and shall be installed and maintained in
accordance with accepted horticultural practices and consistent
with the approved landscape plan.
13.3 Landscaping Security
13.3.1 The owner or the owner's representative, based on the
information provided in the landscape plan, shall calculate the
landscaping costs. If a Development Officer does not accept the
costs identified by the owner or the owner's representative, a
Development Officer may determine a different landscaping cost
figure for the purpose of determining the value of the landscaping
security.
13.3.2 A Development Officer may require, as a condition of a
development permit, that the owner provide a guaranteed
security to ensure that landscaping is provided and maintained
for two growing seasons. The security may take the following
forms:
a) Cash to a value equal to 110% of the established
landscaping costs; or
b) An irrevocable letter of credit having the value equivalent to
110% of the established landscaping costs.
13.3.3 Where a site is to be developed in phases, landscaping need only
be provided on that portion of the site to be approved in each
phase. Landscaping shall be required in subsequent phases on
the remainder of the site at the time these are approved and
developed.
13.3.4 If cash is offered as the landscaping security, interest may be
payable, and it shall be held by the County, until the landscaping
has been installed, successfully maintained for two growing
seasons and a Development Officer is satisfied through site
inspection that this has occurred.
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182
13.3.5 If a letter of credit is offered as the landscaping security, it shall
be in a form satisfactory to the County. The initial term of the
letter of credit shall be one (1) year. The letter of credit shall be
renewed for a further one (1) year term by the owner thirty (30)
days prior to expiry. This process shall be repeated as many times
as is necessary so that the letter of credit is maintained until the
installation of landscaping has occurred and maintenance of the
landscaping has been carried out for two (2) growing seasons, as
determined by and to the satisfaction of a Development Officer.
13.3.6 The owner shall notify the County thirty (30) days prior to the
expiry date of the letter of credit, in order to provide sufficient
time for a Development Officer to inspect the site and to
determine if the landscaping is well maintained and developed in
accordance with the regulations of this Bylaw. If landscaping
conditions are satisfactory to a Development Officer, the letter of
credit may be released. If inspection cannot be made within this
thirty (30) day period due to weather conditions or other
extenuating circumstances, a Development Officer may require
renewal of the letter of credit until a satisfactory inspection can
be made.
13.3.7 Upon application by the owner's representative, a letter of credit
may be amended to a reduced amount, for attachment to the
original letter of credit, at the discretion of a Development Officer,
when any of the following events occur and are to the satisfaction
of a Development Officer:
a) The required landscaping has been properly installed;
b) Notwithstanding Subsection 13.2, the required landscaping
has been well maintained and is in a healthy condition after
one (1) growing season; and
c) The required landscaping has been well maintained and is
in a healthy condition after two (2) growing seasons. In this
last case, the letter of credit shall be fully released.
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14 Sign Regulations
14.1 General Sign Regulations
14.1.1 Signs are a discretionary use in all land use districts.
14.1.2 No signs or advertising structures of a commercial, directional, or
informative nature shall be erected on land or affixed to any
exterior surface of any building or structure unless an application
for this purpose has been approved and a development permit
has been issued.
14.1.3 Approval of a development permit for new residential,
commercial, industrial, or recreational development will include
approval for sign(s) if design standards are submitted and
approved with the development permit application.
14.1.4 No signs, billboards, advertising structures, or signboards shall
be erected on or affixed to public property without the prior
consent of the Development Authority or appropriate public body
through agreements or licence of occupation.
14.1.5 Notwithstanding Subsection 14.1.1, the following signs may be
erected on land or affixed to the exterior surface of a building or
structure without a development permit, where the sign is not
illuminated and where any necessary permits have been
obtained in accordance with the highway development Control
Regulations. An application for development approval for signs
under this Section shall be submitted to the Development
Authority who shall decide whether or not the proposed sign
meets the criteria of a sign not requiring a development permit.
a) Signs for the purpose of identification, direction and warning
or relating to a person, partnership, or company carrying on
a profession, business or trade, or relating to an institution
of a religious, educational, cultural, recreational, or similar
character, or to a residential Hotel, Apartment block, club or
similar institution, not exceeding 1.10 m² (11.84
ft²) and
limited to one (1) sign per parcel;
b) Temporary advertisement relating to the sale or letting of
land, the sale of goods or livestock, the carrying out of
building or similar work, announcement of any local event
of a religious, educational, cultural, political, or similar
character not exceeding 1.90 m² (20.45 ft²), provided that
all such temporary advertisements shall be removed by the
advertiser within fifteen (15) days of the completion of the
event or works to which such advertisements relate; and
c) Advertisements or signs in relation to the function of local
authorities, utility boards or other public or quasi-public
bodies.
14.1.6 No sign or advertisement shall resemble or conflict with a traffic
sign (including intermittent, flashing, directions, rotating lights, or
other feature that may be distracting to the motoring public), nor
shall it be a traffic hazard.
14.1.7 No signs or advertising structures other than those specified
under Subsection 14.1.5 above shall be permitted in any
residential, country residential, agricultural, industrial, or
recreational district.
14.1.8 No signs or advertising structures of any kind shall be permitted
in the highway development District unless the prior approval of
Alberta Transportation has been obtained.
14.1.9 Free-standing sign signposts shall be of a breakaway type such
as wooden 4" x 4" posts.
14.1.10 Signs outside of residential neighbourhoods shall have a
minimum lettering height of 15.24 cm (6.0 inches).
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184
14.1.11 No person shall park or store on any part of a site, any unlicensed
truck, bus, rail or shipping container, or coach body for the
purpose of advertising, sale, or commercial warehousing within
any zoning district.
14.2 Development Permit and Application
Requirements for Signs
14.2.1 The applicant shall include the following information for any
development permit application for signage:
a) The name and address of:
i)
The sign company responsible for the sign;
ii)
The owner of the sign; and
iii)
The registered owner of the land or premises upon
which the sign is to be erected.
b) A site plan designating the following location details:
i)
Location of the proposed signage;
ii)
The distance to public roadways; and
iii)
The
distance
to
aerial
power
lines
from
freestanding signs.
c) A plan showing the following construction details:
i)
The overall dimensions of the sign and the total
sign area;
ii)
The height of the top and the bottom of the sign
above the average ground level at the face of the
building or sign;
iii)
The method of illumination; and
iv)
Such other considerations as the Development
Authority may deem to be relevant.
v)
Non-refundable application fees in accordance
with a schedule as set from time to time by
resolution of Council, as required.
14.3 Development Permit Approval for Signs
14.3.1 No person shall place, replace, erect, or use any sign without first
obtaining a development permit, except as per Subsection
14.1.5 or where stated otherwise in this Bylaw.
14.3.2 The Development Authority may require the applicant submit a
structural drawing bearing the seal of a professional engineer.
14.3.3 The Development Authority shall attach as conditions of
development permit approval, those conditions necessary to
resolve any development concerns or issues.
14.4 Sign Owners' Responsibility
14.4.1 Neither the granting of a sign permit, nor the approval of the
plans nor any inspections made by the Development Authority
shall in any way relieve the owner from full compliance with this
Bylaw or other applicable legislation.
14.4.2 All signs shall be kept in a safe, clean, and tidy condition, and
may be required to be renovated or removed if not properly
maintained.
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14.4.3 The owner of a sign shall permit Development Authority
representatives to enter the owner's premises at any reasonable
time, subject to notice in accordance with Section 542 of the
MGA, for the purpose of inspecting the sign or administering or
enforcing this Bylaw.
14.4.4 Unless otherwise allowed in this Bylaw, no person shall attach
anything to an existing permitted sign unless a new permit is
issued for such addition.
14.4.5 The County reserves the right to impound any sign that does not
comply with this Bylaw.