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Office Consolidation Version
July 13, 2026
VILLAGE OF LINDEN
LAND USE BYLAW AMENDMENTS
TO LAND USE BYLAW 2023-10
This document is a consolidation of Bylaw 2023-10 with one or more revising and amending bylaws.
Anyone making use of this consolidation is reminded that it has no legislative sanction. Amendments
have been included for convenience of reference only. The approved bylaws should be consulted for
all purposes of interpreting and applying the law.
Bylaws included in this office consolidation:
BYLAW
#
PART
AMENDED
DESCRIPTION OF AMENDMENT
DATE PASSED
2025-01
Land Use District
Map, Part G
0.046 ha portion of 600 Central Ave.
(Lot 1, Block C, Plan 8511230)
rezoned from C-1 to R2
February 10, 2025
2025-04
Land Use District
Map, Part G
0.046 ha portion of 600 Central Ave.
(Lot 1, Block C, Plan 8511230)
rezoned from R2 to C-1
August 11, 2025
2026-07
Part C, Part E and
Part F
Add Work Camp as a use to the
Industrial District and add a definition
and regulations
July 13, 2026
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Table of Contents
PART A - THE APPROVALS PROCESS ............................................................. 1
1
ADMINISTRATION ............................................................................................................ 1
TITLE .......................................................................................................................................... 1
PURPOSE ................................................................................................................................... 1
APPLICATION ............................................................................................................................. 1
EFFECTIVE DATE AND TRANSITION ............................................................................................. 1
OTHER LEGISLATIVE REQUIREMENTS ......................................................................................... 2
NON-CONFORMING BUILDINGS AND USES ................................................................................. 2
SEVERABILITY ............................................................................................................................. 2
2
RULES OF INTERPRETATION .............................................................................................. 2
3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ................................................. 3
4
ADMINISTRATIVE AGENCIES ............................................................................................. 5
DEVELOPMENT APPROVAL AUTHORITIES ................................................................................... 5
DEVELOPMENT AUTHORITY - POWERS AND DUTIES .................................................................. 5
VARIANCE POWERS OF THE DEVELOPMENT AUTHORITY ............................................................ 7
SUBDIVISION AUTHORITY ........................................................................................................... 7
SUBDIVISION AUTHORITY - POWERS AND DUTIES ..................................................................... 7
5
DEVELOPMENT APPLICATION AND APPROVAL PROCESS ..................................................... 9
APPLICATION FOR DEVELOPMENT ............................................................................................. 9
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION ............................................................. 10
APPLICATION REFERRAL ........................................................................................................... 10
DECISION PROCESS - DEVELOPMENT AUTHORITY .................................................................... 11
DEVELOPMENT PERMITS AND NOTICE OF DECISION ................................................................ 13
CONDITIONS OF APPROVAL ..................................................................................................... 14
COMMENCEMENT AND COMPLETION OF DEVELOPMENT ........................................................ 15
DIRECT CONTROL DISTRICTS AND PERMITS .............................................................................. 15
6
APPEALS ........................................................................................................................ 16
DEVELOPMENT AND SUBDIVISION APPEALS ............................................................................. 16
7
BYLAW AMENDMENT PROCESS ....................................................................................... 17
APPLICATION TO AMEND THE LAND USE BYLAW ...................................................................... 17
8
ENFORCEMENT .............................................................................................................. 18
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OFFENCES ................................................................................................................................ 18
ENTRY AND INSPECTION .......................................................................................................... 18
ORDERS ................................................................................................................................... 18
VIOLATION TAGS AND PENALTIES ............................................................................................ 19
VIOLATION TICKETS ................................................................................................................. 20
PART B - GENERAL REGULATIONS .............................................................. 21
9
GENERAL LAND USE REGULATIONS .................................................................................. 21
APPLICABILITY .......................................................................................................................... 21
DESIGN, CHARACTER AND APPEARANCE .................................................................................. 21
DWELLING UNITS ON A PARCEL ............................................................................................... 21
OBJECTS PROHIBITED OR RESTRICTED IN RESIDENTIAL DISTRICTS ............................................ 21
SCREENING .............................................................................................................................. 21
UTILITY SERVICES AND INFRASTRUCTURE ................................................................................ 22
SITE GRADING AND DRAINAGE ................................................................................................. 22
RELOCATION OF BUILDINGS ..................................................................................................... 23
YARD SETBACKS AND PERMITTED PROJECTIONS ...................................................................... 23
FENCES .................................................................................................................................... 25
CORNER LOTS, REVERSE CORNER LOTS AND IRREGULAR LOTS ................................................. 26
COMPREHENSIVELY PLANNED DEVELOPMENTS........................................................................ 27
PARKING AND LOADING ........................................................................................................... 28
VEHICLE ENTRANCES AND EXITS............................................................................................... 31
DRIVE THROUGHS AND VEHICLE-ORIENTED DESIGNS ............................................................... 32
RENEWABLE ENERGY SYSTEMS ................................................................................................ 32
SLOPE STABILITY ...................................................................................................................... 33
PART C - SPECIFIC USE REGULATIONS ......................................................... 34
10 SPECIFIC USE REGULATIONS ............................................................................................ 34
ACCESSORY BUILDINGS ............................................................................................................ 35
ACCESSORY DWELLING UNITS .................................................................................................. 36
HOME OCCUPATIONS .............................................................................................................. 37
BED AND BREAKFASTS ............................................................................................................. 38
MANUFACTURED DWELLINGS .................................................................................................. 39
PET CARE SERVICES .................................................................................................................. 39
AUTO BODY SHOPS .................................................................................................................. 39
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GAS BARS AND SERVICE STATIONS ........................................................................................... 39
CAR WASHES............................................................................................................................ 40
PART D - SIGNS .......................................................................................... 42
11 SIGN REGULATIONS ........................................................................................................ 42
SIGN AUTHORITY AND ADMINISTRATION ................................................................................. 42
SIGN APPLICATION REQUIREMENTS ......................................................................................... 43
GENERAL SIGN REGULATIONS .................................................................................................. 44
SIGN TYPES .............................................................................................................................. 44
SIGN TYPE 1 - UNDER CANOPY SIGN REGULATIONS ................................................................. 46
SIGN TYPE 2 - CANOPY SIGN REGULATIONS .............................................................................. 46
SIGN TYPE 3 - FASICA SIGN REGULATIONS ................................................................................ 46
SIGN TYPE 4 - PROJECTING SIGN REGULATIONS ....................................................................... 46
SIGN TYPE 5 - ROOF SIGN REGULATIONS .................................................................................. 47
SIGN TYPE 6 - FREESTANDING SIGN REGULATIONS .................................................................. 47
SIGN TYPE 7 - BILLBOARD SIGN REGULATIONS ......................................................................... 47
SIGN TYPE 8 - A-BOARD SIGN REGULATIONS ........................................................................... 47
SIGN TYPE 9 - PORTABLE SIGN REGULATIONS .......................................................................... 48
PART E - DISTRICTS .................................................................................... 49
12 DISTRICTS ADMINISTRATION .......................................................................................... 49
ESTABLISHMENT OF DISTRICTS ................................................................................................ 49
DISTRICT BOUNDARIES ............................................................................................................. 50
DIRECT CONTROL DISTRICTS .................................................................................................... 50
13 RA - RESIDENTIAL ACREAGE DISTRICT .............................................................................. 50
PURPOSE ................................................................................................................................. 50
PERMITTED USES ..................................................................................................................... 50
DISCRETIONARY USES .............................................................................................................. 50
REGULATIONS .......................................................................................................................... 50
ADDITIONAL REQUIREMENTS ................................................................................................... 51
14 R-1 LOW DENSITY RESIDENTIAL DISTRICT ......................................................................... 52
PURPOSE ................................................................................................................................. 52
PERMITTED USES ..................................................................................................................... 52
DISCRETIONARY USES .............................................................................................................. 52
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REGULATIONS .......................................................................................................................... 52
ADDITIONAL REQUIREMENTS ................................................................................................... 53
15 R-2 - GENERAL RESIDENTIAL DISTRICT ............................................................................. 54
PURPOSE ................................................................................................................................. 54
PERMITTED USES ..................................................................................................................... 54
DISCRETIONARY USES .............................................................................................................. 54
REGULATIONS .......................................................................................................................... 54
ADDITIONAL REQUIREMENTS ................................................................................................... 55
16 MD - MANUFACTURED DWELLING DISTRICT .................................................................... 57
PURPOSE ................................................................................................................................. 57
PERMITTED USES ..................................................................................................................... 57
DISCRETIONARY USES .............................................................................................................. 57
REGULATIONS .......................................................................................................................... 57
ADDITIONAL REQUIREMENTS ................................................................................................... 58
17 CB - CENTRAL BUSINESS DISTRICT ................................................................................... 59
PURPOSE ................................................................................................................................. 59
PERMITTED USES ..................................................................................................................... 59
DISCRETIONARY USES .............................................................................................................. 59
REGULATIONS .......................................................................................................................... 60
REGULATIONS FOR APARTMENTS AND ATTACHED HOUSING ................................................... 60
ADDITIONAL REQUIREMENTS ................................................................................................... 60
18 C-1-GENERAL COMMERCIAL DISTRICT ............................................................................. 61
PURPOSE ................................................................................................................................. 61
PERMITTED USES ..................................................................................................................... 61
DISCRETIONARY USES .............................................................................................................. 61
REGULATIONS .......................................................................................................................... 62
ADDITIONAL REQUIREMENTS ................................................................................................... 62
19 I - INDUSTRIAL DISTRICT ................................................................................................ 63
PURPOSE ................................................................................................................................. 63
PERMITTED USES ..................................................................................................................... 63
DISCRETIONARY USES .............................................................................................................. 63
REGULATIONS .......................................................................................................................... 63
ADDITIONAL REQUIREMENTS ................................................................................................... 64
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20 CS - COMMUNITY SERVICE DISTRICT ............................................................................... 65
PURPOSE ................................................................................................................................. 65
PERMITTED USES ..................................................................................................................... 65
DISCRETIONARY USES .............................................................................................................. 65
REGULATIONS .......................................................................................................................... 65
21 UR - URBAN RESERVE DISTRICT ...................................................................................... 66
PURPOSE ................................................................................................................................. 66
PERMITTED USES ..................................................................................................................... 66
DISCRETIONARY USES .............................................................................................................. 66
REGULATIONS .......................................................................................................................... 66
ADDITIONAL REQUIREMENTS ................................................................................................... 66
PART F - DEFINITIONS ................................................................................ 68
22 DEFINITIONS .................................................................................................................. 68
PART G - LAND USE DISTRICTS MAP ........................................................... 87
23 LAND USE DISTRICTS MAP .............................................................................................. 87
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PART A - THE APPROVALS PROCESS
1 ADMINISTRATION
TITLE
1.1.1
The title of this Bylaw shall be the Land Use Bylaw of the Village of Linden.
PURPOSE
1.2.1
The purpose of this Bylaw is to direct the orderly, economic and beneficial development
and use of land within the Village of Linden in accordance with the vision of the Village of
Linden Municipal Development Plan. This is achieved through this Bylaw by regulating and
controlling development, or where necessary, prohibiting development without infringing
on the rights of individuals for any public interest except to the extent that is for the
overall greater public interest.
APPLICATION
1.3.1
This Bylaw shall apply to the whole of the Village of Linden being all lands and buildings
contained within its corporate limits.
1.3.2
No person shall commence any development within the Village of Linden except in
conformity with this Bylaw.
1.3.3
Compliance with the requirements of this Bylaw does not exempt any person from the
requirements of any adopted statutory plan, including the Municipal Development Plan,
Intermunicipal Development Plans and Area Structure/Redevelopment Plans.
1.3.4
No development shall be undertaken within the Village of Linden unless an application for
it has been approved and a development permit has been issued except for those items
listed in Section 3 Development Not Requiring a Development Permit.
EFFECTIVE DATE AND TRANSITION
1.4.1
The Village of Linden Land Use Bylaw 2012-04, as amended, is hereby repealed and will
cease to have effect on the day this Bylaw comes into force. This Bylaw comes into force on
March 1, 2024.
1.4.2
An application for a subdivision, development permit or amendment to this Bylaw
submitted prior to the coming into force of this Bylaw shall be evaluated under the
provisions of the Village of Linden's Land Use Bylaw No. 2012-04, as amended.
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OTHER LEGISLATIVE REQUIREMENTS
1.5.1
In addition to this Bylaw, an applicant is responsible for complying with any other
applicable federal, provincial, or municipal legislation, bylaw or policy, licensing or
permitting regime, or approval process. The applicant is also responsible for complying
with the conditions of any caveat, covenant, easement or other instrument affecting a
building or land.
1.5.2
The Village of Linden is not responsible for nor does the Village of Linden have any
obligation whatsoever to determine what other legislation may apply to a development,
nor to monitor or enforce compliance with such legislation.
NON-CONFORMING BUILDINGS AND USES
1.6.1
Non-conforming buildings and non-conforming uses shall be treated in accordance with
the Act, and any amendments thereto.
1.6.2
A non-conforming building may continue to be used, and the building may be enlarged,
added to, rebuilt or structurally altered, if at the discretion of the Development Authority,
the alterations do not substantially increase the extent of non-conformance and are within
all other requirements of the Bylaw.
1.6.3
Nothing in this Bylaw diminishes or in any way affects the power of the Development
Authority to issue a development permit which makes a non-conforming building
conforming through the granting of a relaxation of the requirements or rules to which the
existing building does not conform.
SEVERABILITY
1.7.1
In the event any portion of this Bylaw is found invalid by a Court of Law or is overturned by
a superior jurisdiction, the validity of the remaining portions of the Bylaw shall not be
affected.
2 RULES OF INTERPRETATION
2.1.1
Where a word is used in the singular, such a word may also mean plural.
2.1.2
Where a masculine or impersonal pronoun or adjective is used, such a word may also mean
the feminine or impersonal pronoun or adjective.
2.1.3
Where a word is used in the present tense, such a word may also mean the future tense.
2.1.4
The word "person" includes a corporation as well as an individual.
2.1.5
The words "shall" and "must" require mandatory compliance except where a variance or
relaxation has been granted pursuant to the Act or this Bylaw. "May" means a choice is
available, with no particular direction or guidance intended.
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2.1.6
Words, phrases, and terms not defined in this Bylaw may be given their definition in the
Act or the Safety Codes Act. Other words shall be given their usual and customary
meaning.
2.1.7
Where a regulation involves two or more conditions or provisions connected by the
conjunction "and" means all the connected items shall apply in combination; "or" indicates
that the connected items may apply singly; and "and/or" indicates the items may apply
singly or in combination.
2.1.8
For ease of reference:
words that are Capitalized and Bold denote uses defined in Part F Definitions;
words that are italicized and bold denote general terms defined in Part F
Definitions;
words that are italicized reference federal or provincial legislation or
regulations thereunder; and
all other words must be given their plain and ordinary meaning as the context
requires.
2.1.9
All units of measure contained within this Bylaw are metric (SI) standards and are rounded
to the nearest decimal place. For the purpose of convenience, the following conversion
factors are provided:
Metric
Imperial
1 square metre (m2)
10.8 square feet (ft2)
1 hectare (ha)
2.47 acres (ac)
1 kilometre (km)
0.6 mile (mi)
1 metre (m)
3.3 feet (ft)
1 centimetre (cm)
0.4 inch (in)
1 millimetre (mm)
0.04 inches (in)
1 kilogram (kg)
2.2 pounds (lb)
3 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
3.1.1
This Section does not negate the requirement of obtaining all required permits, as
applicable, under the Safety Codes Act (including building, fire, electrical, gas/plumbing) or
any other provincial or federal statute.
3.1.2
This Section does not negate the requirement of obtaining a business license where
required.
3.1.3
The following developments shall not require a development permit:
any use or development exempted under section 618(1) of the Act;
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any use or development exempted by the Lieutenant Governor in Council
pursuant to section 618(4) of the Act;
Telecommunication Structures (refer to the Village of Linden
Telecommunication Structures Policy adopted by Council policy regarding the
issuance of letters of concurrence or non-concurrence);
the completion and use of a development which was lawfully under
construction at the date this Bylaw came into effect provided the development
is completed in accordance with the terms and conditions of any development
permit(s) granted;
the completion of a development that did not require a development permit
under the previous Land Use Bylaw and which was lawfully under construction
provided the development is completed within twelve (12) months from the
date this Bylaw came into effect;
an official notice, Sign, placard or bulletin required to be displayed pursuant to
provisions of federal, provincial or municipal legislation; and
the use of a building or part thereof for a federal, provincial, or municipal
election, referendum or plebiscite.
3.1.4
The following developments shall not require a development permit, but must otherwise
comply with all other provisions of this Bylaw (example: setbacks, parking, building height,
etc.):
the carrying out of works, maintenance or repair to any building provided that
such works:
i.
do not include structural alterations that would affect any regulations in
this Land Use Bylaw, or
ii.
do not change the use or the intensity of use of the structure or building;
interior renovations to a building which do not:
i.
create an additional Dwelling Unit,
ii.
increase parking stall requirements, or
iii.
result in the change of use or the intensity of use of a building;
the temporary placement or construction of a building, works, plants or
machinery needed in connection with the construction of a development for
which a development permit has been issued for the period of those
operations;
the use of land for, or the maintenance or repair of works, services and Utilities
on publicly owned or administered land carried out by or on behalf of federal,
provincial, municipal or public authorities or private Utilities under special
agreement with the Village of Linden;
a Home Occupation that meets the definition of a Home Occupation - Minor
(See Section 10.3 Home Occupations);
landscaping that was not required as part of a valid development permit;
the construction of a patio;
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the erection, construction or maintenance of gates, fences, walls, or other
means of enclosure that meet the requirements of Section 9.10 Fences;
the construction or replacement of one (1) Accessory Building on a residential
parcel which does not exceed 9.3 m2 in floor area and less than 2.5 m in height;
(See Section 10.1 Accessory Buildings);
the construction, maintenance and repair of private walkways, pathways,
driveways, and similar works;
demolition of a building (a building permit is required);
renewable energy systems;
the installation of a Sign as listed in Subsection 11.1.2. Signs; and
Extensive Agriculture.
4 ADMINISTRATIVE AGENCIES
DEVELOPMENT APPROVAL AUTHORITIES
4.1.1
The Development Authority shall exercise powers and perform duties on behalf of the
Municipality in accordance with the Act.
4.1.2
The Development Authority is:
the Development Officer while carrying out his or her functions or duties under
this Bylaw and/or the Act;
the Municipal Planning Commission while exercising development powers or
duties under this Bylaw and/or the Act; or
where the context of this Bylaw permits in Direct Control Districts, the Council.
Development Officer
4.1.3
The office of the Development Officer is hereby established to act on behalf of Council in
those matters delegated by the Bylaw and in such matters as Council may instruct from
time to time.
Municipal Planning Commission
4.1.4
The Municipal Planning Commission, established by Bylaw in accordance with the Act,
shall perform such duties as are specified in this Bylaw.
DEVELOPMENT AUTHORITY - POWERS AND DUTIES
4.2.1
The Development Authority must administer all development permit applications in
accordance with this Bylaw and decide upon all development permit applications.
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4.2.2
The Development Authority must refuse to accept a development permit application
where the prescribed fee for a development permit has not been paid.
4.2.3
The Development Authority may refuse to deem complete a development permit
application where:
the information required by this Bylaw is not provided; or
the quality is inadequate or insufficient to properly evaluate the application.
4.2.4
The Development Authority must make available for inspection, during office hours, all
applications and decisions for development permits, subject to any legislation in force.
4.2.5
The Development Authority must collect fees according to the schedule approved by
Council.
4.2.6
The types of development permit applications a Development Authority may consider are
a development permit for:
a permitted use that complies with all requirements of this Bylaw;
a permitted use that does not comply with all requirements of this Bylaw;
a discretionary use that complies with requirements of this Bylaw; and
a discretionary use that does not comply with all requirements of this Bylaw.
4.2.7
The Development Authority must issue the following notices and acknowledgements on
development permit applications:
notice of complete application;
notice of incomplete application;
notice of decision; and
notice of refusal/deemed refusal of an application.
Development Officer
4.2.8
The Development Officer shall:
receive, consider and decide on an application for a development permit for
those uses listed as permitted uses for the relevant Land Use District which:
i.
comply with the minimum standards; or
ii.
otherwise comply with the minimum standards, but require relaxation of
any measurable standard in accordance with Subsection 4.3.2;
receive, consider and decide upon applications for Home Occupations and
fencing; and
receive, and refer with recommendations to the Municipal Planning
Commission for its consideration and decision, any application for a
development permit which has been assigned to it for consideration and
decision.
Municipal Planning Commission
4.2.9
The Municipal Planning Commission shall decide on applications for:
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those uses listed as discretionary uses (excepting applications for Home
Occupations and fencing);
similar uses as described in Subsection 5.4.8;
the relocation of buildings as described in Section 9.8; and
those uses listed as permitted uses and requires a relaxation of any measurable
standard in accordance with Subsection 4.3.3.
VARIANCE POWERS OF THE DEVELOPMENT AUTHORITY
4.3.1
The Development Authority may approve a development permit application for a
permitted use or discretionary use where the proposed development does not comply with
all of the applicable requirements and rules of this Bylaw if, in the opinion of the
Development Authority:
the proposed development would not unduly interfere with the amenities of
the neighbourhood or materially interfere with or affect the use, enjoyment or
value of neighbouring properties; and
the proposed development conforms with a use prescribed by this Bylaw for
that land or building.
Development Officer
4.3.2
The Development Officer, at its discretion, may relax the development standards up to 20%
of that requirement.
Municipal Planning Commission
4.3.3
The Municipal Planning Commission, at its discretion, may relax the development
standards greater than 20% of that requirement.
SUBDIVISION AUTHORITY
4.4.1
The Subdivision Authority, as established by bylaw, shall perform duties on behalf of the
municipality in accordance with the Act, the Land Use Bylaw and all relevant Village of
Linden planning documents.
SUBDIVISION AUTHORITY - POWERS AND DUTIES
4.5.1
The Subdivision Authority must administer all subdivision applications in accordance with
this Bylaw and decide upon all subdivision applications.
4.5.2
The Subdivision Authority must refuse to accept a subdivision application where the
prescribed fee for a subdivision application has not been paid.
4.5.3
The Subdivision Authority may refuse to deem complete a subdivision application where:
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the information required is not provided; and/or
the quality is inadequate to properly evaluate the application.
4.5.4
The Subdivision Authority shall:
keep and maintain for the inspection of the public copies of all decisions and
ensure that copies of same are available to the public at a reasonable charge;
keep a register of all applications for subdivision, including the decisions therein
and the reasons therefore;
receive all applications for subdivision including the prescribed application fees
and decide upon all applications in accordance with the Regulation and the
Land Use Bylaw with consideration of all comments received through
circulation;
issue the following notices and acknowledgements on subdivision applications:
i.
notice of complete application;
ii.
notice of incomplete application;
iii.
notice of decision; and
iv.
notice of refusal/deemed refusal of an application.
A notice shall be issued to the applicant on the form created by the Subdivision
Authority and sent by email where consent has been granted by the applicant,
otherwise it shall be sent by mail;
except for subdivision applications not required to be circulated under the Act,
circulate applications for subdivision for comments to an adjacent municipality
when the original parcel boundaries are adjacent to the municipal boundary or
where an intermunicipal development plan requires;
prepare, sign and transmit all notices of decision to the relevant agencies in
accordance with the Regulation;
ensure all conditions are complied with prior to endorsement to the satisfaction
of the municipality; and
endorse Land Titles instruments to effect the registration of the subdivision of
land.
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5 DEVELOPMENT APPLICATION AND APPROVAL PROCESS
APPLICATION FOR DEVELOPMENT
5.1.1
An application for a development permit shall be completed and submitted to the
Development Authority in writing, in the form required by the Development Authority,
and shall be accompanied by the prescribed development permit fee and application
submission requirements, including:
authorization of the registered landowner;
a site plan (drawn to scale) showing the following:
i.
legal description and north arrow;
ii.
area and dimensions of the parcel boundaries, showing the required
front, rear, and side yards, if any;
iii.
existing and proposed easements and rights-of-way, including dimensions
and type of easement, if applicable;
iv.
the location and dimensions of all existing and proposed buildings,
structures, or uses on the parcel and the measured distance to property
line;
v.
identification of existing and proposed roads or lanes that will provide
access to the development;
vi.
any provision for off-street parking stalls and loading stalls; and vehicle
entrances to and exits from the parcel; and
vii.
existing site grades at the corners of the parcel, and at the corners of
existing and proposed buildings;
statement of existing and proposed Utility services (i.e. on-site or municipal);
statement of the current and proposed use of the lands;
the estimated cost of the project or contract price;
the estimated dates of commencement and completion; and
the presence of abandoned oil and gas wells in accordance with the Regulation.
5.1.2
The Development Authority may also require additional information in order to assess the
conformity of a proposed development with this Bylaw before consideration of the
development permit application shall commence. Such information may include, but is not
limited to:
current copy of Certificate of Title, and copies of any restrictive covenants,
utility rights-of-way, easements, or Village of Linden caveats registered on the
Title(s);
floor plans, elevations and section drawings;
written rationale supporting any requested variances;
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samples or representations of exterior building finishing materials and colors;
stormwater management, grading or landscaping plans, prepared by a qualified
professional;
a Real Property Report, prepared by an Alberta Land Surveyor, showing the
location and distances of any existing buildings, waterbodies, trees or other
physical features on or adjacent to the parcel being developed;
in the case of the placement of an already constructed or partially constructed
building on a parcel of land, information relating to the age and condition of
the building and its compatibility with the District in which it is to be located;
an assessment by a qualified professional of any potential flooding or
subsidence or slope stability hazard that may, in the sole opinion of the
Development Authority, affect the subject parcel;
where a proposal is considered to have a significant environmental impact, the
Development Authority may request the applicant to have an environmental
evaluation prepared and submitted or undertake its own environmental
evaluation regarding the proposed development, at the cost of the applicant;
and
a construction management plan.
5.1.3
Notwithstanding 5.1.1 and 5.1.2, at the discretion of the Development Authority,
additional information, plans or reports may be required to adequately render a decision
on an application.
5.1.4
In the case where an application for a development permit has been refused pursuant to
this Bylaw or ultimately after appeal to an Appeal Body, the submission of a subsequent
application for a development permit on the same parcel and for the same or similar use of
the land by the same or any other applicant may not be accepted by the Development
Authority for at least six (6) months after the date of the previous refusal.
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION
5.2.1
A notice of complete application or incomplete application shall be issued to the
applicant on the form created by the Development Authority and sent by email where
consent has been granted by the applicant, otherwise it shall be sent by mail.
APPLICATION REFERRAL
5.3.1
The Development Officer may refer for comment any matter or any application for a
development permit to any agency or authority it deems necessary (i.e. Fire Inspector,
Public Works Department, Engineer).
5.3.2
Applications for development permits on parcels within an area covered by an
Intermunicipal Development Plan shall be referred to the other municipality for review and
comment in accordance with the requirements of the Plan.
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5.3.3
An application referral must state the location and details of the application being
circulated, how more information can be obtained, the date comments are due by and to
whom the comments must be sent to.
5.3.4
Having received a reply on a matter referred to any person, municipality, agency or
authority, the Development Authority shall make a decision giving due consideration to the
comments received.
5.3.5
After the time period identified in the circulation notice from the date of referral, the
application may be dealt with by the Development Authority whether or not comments
have been received.
DECISION PROCESS - DEVELOPMENT AUTHORITY
Permitted Use Permits That Meet All Requirements
5.4.1
Where a development permit application is for a permitted use in a building or on a parcel
and the proposed development conforms to all of the applicable requirements and rules of
this Bylaw, the Development Authority must approve the application and issue the
development permit. The Development Authority may impose such conditions as required
to ensure compliance with this Bylaw.
Permitted Use Permits That Do Not Meet All Requirements
5.4.2
Where a development permit application is for a permitted use in a building or on a parcel
and the proposed development does not conform to all of the applicable requirements and
rules of this Bylaw, the Development Authority may:
refuse to approve the development permit application; or
approve the development permit application; and may:
i.
grant a relaxation of the requirement or regulation to which the proposed
use does not conform; or
ii.
impose such conditions as required to ensure compliance with this Bylaw.
5.4.3
The Development Authority may, as a condition of approving a development permit that
does not comply with all of the applicable requirements and rules of this Bylaw, require the
applicant to conform to a higher standard than required by the applicable rules if, in the
opinion of the Development Authority, conformance to a higher standard will off-set any
impact of granting the relaxation.
Discretionary Use Permits
5.4.4
When making a decision on a development permit for a discretionary use the Development
Authority must take into account:
any plans and policies affecting the parcel;
the purpose statements in the applicable Land Use District;
the appropriateness of the location and parcel for the proposed use;
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the compatibility and impact of the proposed development with respect to
adjacent parcels and the neighbourhood;
the merits of the proposed development;
the utility servicing requirements;
access, parking and transportation requirements;
vehicle and pedestrian circulation within the parcel;
the impact on the public transportation system; and
sound planning principles.
5.4.5
The Development Authority may approve a development permit application for a
discretionary use, and may impose such conditions considered appropriate or necessary,
which may include:
limiting hours of operation;
limiting number of patrons;
establishing landscaping requirements;
requiring noise attenuation;
requiring special provisions be made for parking;
regarding the location, character and appearance of a building;
regarding the grading of a parcel or such other procedures as is necessary to
protect the parcel from other developments or to protect other developments;
establishing the period of time during which a development may continue; and
ensuring the development is compatible with surrounding uses.
5.4.6
The Development Authority may refuse a development permit application for a
discretionary use even though it meets the requirements and rules of this Bylaw.
Applications the Development Authority Must Refuse
5.4.7
The Development Authority must refuse a development permit application when the
proposed development:
is for a use that is not listed as either a permitted use or discretionary use in
the Land Use District; or
is for a use containing a restriction in its definition that is not met by the
proposed use.
Similar Use Permits
5.4.8
In the case where a proposed specific use of land or a building is not provided for in any
District in the Bylaw, the Municipal Planning Commission may determine that such use is
similar in character and purpose to the definition of a permitted use or discretionary use
prescribed for a particular District.
Temporary Use Permits
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5.4.9
If an application is made for a development that is identified as temporary in this Bylaw,
the Development Authority may consider and approve a development for a specific period
of time, not exceeding one (1) year, unless otherwise allowed in this Bylaw.
5.4.10 Where a temporary development permit is issued in accordance with this Bylaw and the
specified time period lapses, it is the responsibility of the applicant to request extension or
renewal of the permit.
DEVELOPMENT PERMITS AND NOTICE OF DECISION
5.5.1
A development permit issued for a permitted use in compliance with the regulations and
standards of this Bylaw, or a development permit issued by Council pursuant to a Direct
Control District, comes into effect on the date that the decision is made.
5.5.2
When a development permit is approved for a discretionary use or for a permitted use in
which a variance has been granted, the Development Authority shall:
provide a notice of decision to the applicant of the approval;
publish the notice of decision in a local newspaper;
immediately mail a notice in writing to all adjacent registered owners of land;
and
issue a development permit after the appeal period has expired.
5.5.3
A development permit issued pursuant to Subsection 5.5.2 does not come into effect until
twenty-one (21) days after the date the notice is published in the newspaper. Any
development proceeded with by the applicant prior to the expiry of this appeal period is
done solely at the risk of the applicant.
5.5.4
The notices indicated in Subsection 5.5.2 must state:
the legal description and the street address of the parcel of the proposed
development;
the uses proposed for the subject development;
any discretion that was granted in the approval of the development, whether by
use or by interpretation of this Bylaw, and any variation or relaxation in
regulation that was made by the Development Authority when the
development permit was approved;
the date the development permit was issued; and
how an appeal may be made to the Appeal Body and the deadline for such
appeal.
5.5.5
Where an appeal is made pursuant to Section 6.1 Appeals of this Bylaw, a development
permit which has been granted shall not come into effect until the appeal has been
determined and the development permit has been confirmed or modified.
5.5.6
When the Development Authority refuses an application for a development permit, the
notice of refusal shall be issued to the applicant. The notice of refusal shall contain reasons
for the refusal.
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5.5.7
After the issuance of a development permit, a Development Authority may suspend or
revoke a development permit in writing to the applicant at any time:
where the development permit was issued on the basis of incorrect
information, fraud, non-disclosure, or misrepresentation on the part of the
applicant; or
where the development permit was issued in error.
CONDITIONS OF APPROVAL
5.6.1
Where a development permit application does not demonstrate that the proposed
development conforms to all the applicable requirements of this Bylaw, the Development
Authority may, as a condition of issuing the development permit, require the applicant to
amend specific elements of the plans to conform with the applicable requirements.
5.6.2
The Development Authority may, as a condition of issuing a development permit for a
permitted use or discretionary use, require the applicant to make satisfactory
arrangements for the supply of Utilities including, but not limited to natural gas, cable,
water, electric power, sewer service, or any one or more of them including payment of the
cost of installation or construction of any such Utility or facility by the applicant.
5.6.3
The Development Authority may, as a condition of issuing a development permit for a
permitted use or discretionary use, require the applicant enter into an agreement with the
Village of Linden to do any or all of the following:
to construct or pay for the construction of a road required to give access to the
development;
to construct or pay for the construction of:
i.
a pedestrian walkway system to serve the development, or
ii.
pedestrian walkways to connect the pedestrian walkway system serving
the development with a pedestrian walkway system that serves or is
proposed to serve an adjacent development, or both;
to install or pay for the installation of a public Utility that is necessary to serve
the development, whether or not the public Utility is, or will be, located on the
land that is the subject of the development;
to construct or pay for the construction of:
i.
off-street or other parking facilities, and
ii.
loading and unloading facilities;
to pay an off-site levy or redevelopment levy imposed by bylaw; and
to give security to ensure that the terms of the agreement under this section
are carried out.
5.6.4
The Village of Linden may register a caveat pursuant to the provisions of the Act and the
Land Titles Act in respect of an agreement under Subsection 5.6.3 against the Certificate of
Title for the land that is the subject of the development. Said caveat shall be discharged
when the agreement has been complied with.
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5.6.5
The Development Authority may attach conditions to a development permit which may
include adherence to engineering standards, the completion of any required reports and
studies, phasing requirements.
COMMENCEMENT AND COMPLETION OF DEVELOPMENT
5.7.1
If the development authorized by a development permit is not commenced within twelve
(12) months from the date granted or carried out with reasonable diligence the
development permit is deemed to be void, unless an extension request for the time period
is submitted in writing by the applicant and granted by the Development Authority. The
extension request must provide reasons for the request.
5.7.2
If the development authorized by a development permit is not completed within two (2)
years of the date of issue or as otherwise specified within a development permit, the
development permit is deemed to be void, unless an extension request for the time period
is submitted in writing by the applicant and granted by the Development Authority. The
extension request must provide reasons for the request.
5.7.3
For the purposes of this Bylaw, commencement includes excavation, but does not include
fencing, or demolition on the parcel, or obtaining permits.
5.7.4
The approval or issuance of a development permit does not authorize commencement of
construction except in conjunction with all other required permits and conditions of the
development permit.
DIRECT CONTROL DISTRICTS AND PERMITS
5.8.1
Direct Control Districts shall only be used for the purpose of providing for land or
developments that, due to their unique characteristics or unusual site constraints, require
specific regulation unavailable in other Land Use Districts.
5.8.2
Direct Control Districts shall not be used in substitution of any other Land Use District in
this Bylaw that could be used to achieve the same result either with or without variances
to this Bylaw.
5.8.3
Upon receipt of a completed application for a development permit pursuant to a Direct
Control District, the Council may, prior to making a decision, refer the application to the
Development Authority, any municipal department or external agency for comment.
5.8.4
Prior to deciding upon the development permit application before it, the Council may
provide public notice through means and to whom it considers necessary, that a decision
on a development permit pursuant to a Direct Control District is to be made and that
Council may afford an opportunity to any interested person to make representation on the
application and shall take into account any such representations made when giving final
consideration to the said application.
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6 APPEALS
DEVELOPMENT AND SUBDIVISION APPEALS
6.1.1
Appeals in respect of decisions on development permit applications are governed by the
Act.
6.1.2
Where the Development Authority:
refuses or fails to render a decision on an application for a development permit;
or
approves an application for a development; or
issues an order under this Bylaw;
the person applying for the permit or affected by the order, or any other affected
person, as the case may be, may appeal to the Appeal Body within the dates outlined
in the Act.
6.1.3
An appeal with respect to a decision on a subdivision application is governed by the Act
and the Regulation.
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7 BYLAW AMENDMENT PROCESS
APPLICATION TO AMEND THE LAND USE BYLAW
7.1.1
Council may at any time initiate an amendment to this Bylaw.
7.1.2
Any owner of a parcel, his authorized agent, or other persons having legal or equitable
interest in the parcel may apply to have the Land Use District of the parcel changed
through an amendment to this Bylaw.
7.1.3
All applications for amendments of this Bylaw shall be made using the approved form,
accompanied by:
the prescribed fee;
a statement of the applicant's interest in the land;
a Title for the land affected or other documents satisfactory to the Village of
Linden that supports the applicant's interest in the said land;
any drawings, plans or maps required by the Village of Linden; and
any other documents as required by the Village of Linden.
7.1.4
All amendments to this Land Use Bylaw shall be made by Council by bylaw and in
accordance with the procedures set forth in the Act.
7.1.5
The Council, in considering an application for an amendment to this Land Use Bylaw, shall
refer a copy of the proposed amendment to the following agencies:
Palliser Regional Municipal Services;
Kneehill County if, the proposed amendment:
i.
affects land on the boundary with Kneehill County; or
ii.
may otherwise have an effect on the Kneehill County; or
such other persons or agencies as it considers necessary for comment.
7.1.6
If an application for an amendment to this Bylaw has been refused by Council, Council may
not accept an application for an amendment for the same use on the same parcel for
twelve (12) months from the date of the refusal.
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8 ENFORCEMENT
OFFENCES
8.1.1
Any owner, lessee or occupant of land or a building, or the owner of a structure or a Sign
thereon, who with respect to such land, building, structure or Sign, contravenes, causes, or
allows a contravention of any provision of the Bylaw commits an offense.
8.1.2
Any person who commences or continues development for which a development permit is
required but has not been issued, has expired, has been revoked or suspended, or which is
in contravention of a condition of a development permit under the Bylaw commits an
offense.
8.1.3
Any person who prevents or obstructs the Development Authority or a Designated Officer
from carrying out any official duty under the Bylaw or the Act commits an offense.
8.1.4
A Designated Officer may enforce the provisions of the Bylaw, or the conditions of a
development permit pursuant to the Act.
8.1.5
Nothing in this Bylaw diminishes or in any way affects the rights of the Village of Linden
pursuant to the Act, or at common law to seek an entry order, order for compliance,
injunction or any other order to obtain compliance with this Bylaw.
ENTRY AND INSPECTION
8.2.1
Pursuant to the Act, a Designated Officer may only enter land or a building for the purpose
of ensuring compliance with the Act and the Regulation, or this Bylaw if:
the owner or person in possession of it gives his consent to the entry; or
the entry is authorized by an Order of the Court of Queen's Bench; and
only for the purpose of ensuring compliance with the Act and the Regulation, or
this Bylaw.
ORDERS
8.3.1
Pursuant to Section 645 of the Act where an offense under the Bylaw occurs, the
Development Officer may by written notice, order the owner or the person in possession
of the land or buildings, or the person responsible for the contravention to:
stop the development or use of the land or buildings in whole or in part as
directed by the notice; or
demolish, remove or replace the development; or
carry out any other actions required by the notice so that the development or
use complies with the Bylaw.
8.3.2
A person who receives an order referred to in Subsection 8.3.1 above may appeal to the
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Appeal Body in accordance with Section 6 Appeals of this Bylaw.
8.3.3
Where the Council or a person appointed by it carries out an order the Council shall cause
the costs and expenses incurred in carrying out the order to be added to the tax roll of the
parcel of land and the amount:
is deemed for all purposes to be a tax imposed under the Act from the date it
was added to the tax roll; and
it forms a special lien against the parcel of land in favour of the Municipality
from the date it was added to the tax roll.
VIOLATION TAGS AND PENALTIES
8.4.1
The Designated Officer may issue a violation tag to any person who commits an offense.
8.4.2
The violation tag shall specify the alleged offence committed by the person to whom the
violation tag is issued and require voluntary payment.
8.4.3
The violation tag shall be served upon the alleged offender personally, or if the defendant
cannot be conveniently found, by leaving it for the defendant at the defendants place of
residence with a person on the premises who appears to be at least 18 year of age, or by
mailing a copy to such person at their last known address.
8.4.4
Where contravention of this Bylaw is of a continuing nature, further violation tags or a
violation ticket may be issued by a Designated Officer or Peace Officer, provided that no
more than one violation tag or violation ticket shall be issued for each calendar day that
the contravention continues.
8.4.5
Where a violation tag is issued pursuant to this Bylaw, the person or company to whom
the violation tag is issued may, in lieu of being prosecuted for the offense, pay to the
Village of Linden the minimum penalty specified in Table 1: Minimum Specified Penalties. If
no penalty is specified in for the particular offence, the minimum specified penalty shall be
$500.00.
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Table 1: Minimum Specified Penalties
Offence
First Offence
Second Offence and
Additional Offences
Failure to obtain a development permit
$250
$500
Failure to obtain a development permit for a
Sign
$100
$200
Failure to comply with development permit
conditions
$500
$1000
Failure to comply with District regulations
$500
$1000
Failure to comply with any other regulation
or standard of the Bylaw
$250
$500
8.4.6
Fines for second and additional offences noted in Table 1: Minimum Specified Penalties are
for when the offence has occurred within a twelve (12) month period of the previous
offence.
VIOLATION TICKETS
8.5.1
Notwithstanding any other provision of this Bylaw, a Peace Officer is hereby authorized
and empowered to immediately issue a violation ticket pursuant to the Provincial Offences
Procedures Act, as amended, to any person who the Peace Officer has reasonable grounds
to believe has contravened any provision of this Bylaw.
8.5.2
Nothing in this Bylaw shall prevent a Peace Officer from issuing Summons for the
mandatory court appearance of any person or company who contravenes any provision of
this Bylaw.
8.5.3
Any person who is guilty of an offence and is liable upon summary conviction to a fine not
less than $100.00 and not exceeding $10,000 per violation after conviction and costs, and
upon failure to pay the fine and costs, to imprisonment for a period not exceeding 30 days
unless such fine and costs are sooner paid.
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Part B - General Regulations
9 GENERAL LAND USE REGULATIONS
APPLICABILITY
9.1.1
These regulations within Section 9 General Land Use Regulations, shall apply to all
developments within the Village of Linden, unless otherwise exempted.
9.1.2
Where any regulation in this section may be in conflict with any regulation of a given Land
Use District in Part E or the Specific Use Regulations in Part C, the regulation in the District
or Specific Use Regulation shall take precedence.
DESIGN, CHARACTER AND APPEARANCE
9.2.1
The design, use of materials, construction, character, location and appearance on the
parcel of any development, structure, fence or Sign in any District must be, to the
satisfaction of the Development Authority, compatible and complimentary with other
developments in the area, unless the development is setting a new standard of design.
DWELLING UNITS ON A PARCEL
9.3.1
No person shall construct or locate more than one Dwelling Unit on a parcel unless it is
otherwise permitted in this Bylaw.
OBJECTS PROHIBITED OR RESTRICTED IN RESIDENTIAL DISTRICTS
9.4.1
An Accessory Building - Shipping Container is prohibited in all residential districts except
where it is listed as a permitted or discretionary use, or if it is used for construction storage
during the period of construction for which a valid building permit has been issued.
9.4.2
Notwithstanding 9.4.2, a shipping container may be used as elements of a building
envelope, provided it adheres to the requirements of Section 9.2 Design, Character and
Appearance.
SCREENING
9.5.1
For non-residential developments, garbage and waste material storage must be screened
from public roads, excluding lanes.
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9.5.2
Commercial and industrial developments abutting a parcel with a principal residential use
shall be screened from view on an interior side parcel line or rear parcel line, to the
satisfaction of the Development Authority.
9.5.3
Where permitted, outdoor storage areas of commercial and industrial materials and
equipment shall be screened from adjacent parcels and public roads.
9.5.4
For Apartments and comprehensively planned Attached Housing developments, garbage
and waste material storage must be screened from public roads, excluding lanes.
9.5.5
On corner lots within the corner visibility setback, screening shall be a maximum of 1.0 m
in height above grade to ensure public safety and/or good visibility for traffic and
pedestrian purposes.
UTILITY SERVICES AND INFRASTRUCTURE
9.6.1
The Development Authority must confirm there is adequate sewage collection, treatment
and disposal, water supply treatment and distribution, stormwater collection and storage
and road capacity necessary to serve a development.
9.6.2
A development shall not be permitted if the development is not served by:
the municipal sewer and water system; or
at the discretion of the Development Authority, a provincially approved private
system.
9.6.3
Where a proposed use may release contaminants or other deleterious substances into the
municipal sewer system, the Development Authority may require an applicant to submit
plans and reports prepared by a qualified professional to evaluate the potential impact on
the sewer system and propose mitigations.
9.6.4
The Development Authority may require a fats, oil and grease (FOG) interceptor, an oil and
grit separator or other such interceptor, and/or a test manhole to be installed where a use
may release contaminants or other deleterious substances into the municipal sewer
system.
9.6.5
Stormwater run-off shall be contained on-site or disposed of in a manner acceptable to the
Village of Linden and/or as required in a stormwater management report prepared by a
qualified professional.
SITE GRADING AND DRAINAGE
9.7.1
Parcel grades and building elevations shall be established to ensure effective drainage and
prevent drainage from one parcel to another, except where drainage conforms to an
approved subdivision drainage plan.
9.7.2
The owner of a parcel shall be responsible to ensure that grading is maintained over time
to provide effective drainage. Where maintenance of a common drainage swale or path at
a property line is required, the responsibility of maintenance lies with the owners of both
parcels. Where a drainage swale or path is established within an easement or right-of-way
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on a parcel, swale grades shall be maintained and the swale shall be kept free of any
obstructions.
9.7.3
Where retaining walls are necessary or proposed in any development, such walls shall be
developed with professional quality and shall not negatively affect adjacent parcels due to
site elevations or drainage.
RELOCATION OF BUILDINGS
9.8.1
Notwithstanding Section 3 Development Not Requiring A Development Permit, a
development permit shall be required for the relocation of any building, which has been
previously used or occupied, to any parcel in the Village of Linden as part of the
development of a permitted or discretionary use.
9.8.2
A development permit for the relocation of a building may include conditions of approval
that:
the building and the proposed location of the building meets the requirements
of the Land Use District in which the building is to be located;
the building is compatible with the character of the neighbourhood in which the
building is to be relocated to; and
the building be renovated to a satisfactory condition within a specified time.
YARD SETBACKS AND PERMITTED PROJECTIONS
9.9.1
In all districts, the minimum yard setbacks do not apply to:
construction wholly beneath the surface of the ground;
driveways, parking stalls and sidewalks;
fences, patios and retaining walls; and
landscaping.
9.9.2
Where a building or buildings on the parcel are planned as a comprehensively planned
development and are divided by condominium such that the building contains units that
are on separate lots or Titles, the district yard setbacks do not apply within the
development, but shall apply from the property line of abutting lots.
Residential Projections
9.9.3
Residential building projections specified in Subsections 9.9.4 to 9.9.8 into or over a
required yard setback shall not require a variance (Figure 1: Permitted Projections Into
Yard Setbacks).
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Figure 1: Permitted Projections Into Yard Setbacks
9.9.4
The following projections may be permitted to a maximum of 2.0 m into the required front
yard setback:
balconies,
bay windows,
cantilevers,
chimneys,
eaves,
shade projections,
stairways and landings, and
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uncovered decks.
9.9.5
The following projections may be permitted to a maximum of 50% into the required side
yard setback:
cantilevers,
chimneys,
eaves, and
shade projections.
9.9.6
The following projections may be permitted to a maximum of 100% of the required side
yard setback:
stairways and landings no more than 0.6 m above grade.
9.9.7
The following projections may be permitted to a maximum of 1.5 m into the required rear
yard setback:
balconies,
bay windows,
cantilevers,
chimneys,
eaves, and
shade projections.
9.9.8
The following projections may be permitted to a maximum of 50% into the required rear
yard setback:
uncovered decks, and
stairways and landings.
9.9.9
Wheelchair ramps may be permitted to encroach into any required yard setback, at the
discretion of the Development Authority, provided that the ramp:
does not impede fire access to or around the building;
is complementary to and well-integrated into the existing building design; and
does not extend beyond the property line.
FENCES
9.10.1 In residential districts or a parcel with a principal residential use, the maximum height
above grade of a fence located within a yard shall be in accordance with Table 2: Maximum
Fence Height in a Residential Yard.
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Table 2: Maximum Fence Height in a Residential Yard
Yard
Maximum Fence
Height From Grade
Rear
2.0 m
Interior side
2.0 m
Front
1.0 m
Exterior Side
1.0 m
9.10.2 In commercial and industrial districts, the maximum height above grade of a fence located
within any yard is 2.4 m.
9.10.3 On corner lots within the corner visibility setback, fences shall be a maximum of 1.0 m in
height to ensure public safety and/or good visibility for traffic and pedestrian purposes.
9.10.4 Materials used to construct fences shall be wood, brick, stone, concrete, or metal or other
acceptable material to the satisfaction of the Development Authority, and shall be
aesthetically acceptable and in general conformity with adjacent development.
CORNER LOTS, REVERSE CORNER LOTS AND IRREGULAR LOTS
9.11.1 The parcel lines and yards of corner lots shall be determined by the following (Figure 2:
Corner Lot and Reverse Corner Lot):
the front parcel line of a corner lot is the shortest property line abutting a
road;
the exterior side parcel line of a corner lot is the longest property line abutting
a road;
the interior side parcel line of a corner lot is the longest property line abutting
a parcel; and
the rear parcel line of a corner lot is the shortest property line abutting a
parcel or lane.
9.11.2 Notwithstanding 9.11.1 or anything else in this Bylaw, the Development Authority may
determine a corner lot to be a reverse corner lot (Figure 2: Corner Lot and Reverse Corner
Lot).
9.11.3 The Development Authority shall determine the front, rear and side yards of a reverse
corner lot by taking into account:
the general pattern and location of existing buildings on adjacent parcels;
the size and geometry of the corner lot;
the ability to create sufficient privacy on the parcel and privacy for adjacent
parcels;
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ensuring safe traffic movement at the intersection, considering the primary flow
of traffic and access to the parcel; and
the general aesthetics, considering the location and height of fencing and
hedges.
9.11.4 For parcels other than corner lots which have frontage on two roads, or for parcels which
are not rectangular in shape, the Development Authority shall determine the yard
designations.
Figure 2: Corner Lot and Reverse Corner Lot
COMPREHENSIVELY PLANNED DEVELOPMENTS
9.12.1 A site plan must be provided for all comprehensively planned development applications.
The site plan must clearly identify private roads, pedestrian walkways, common areas and
buildings, garbage and waste storage areas or buildings, visitor parking stalls, and the
boundaries of Dwelling Unit plots.
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9.12.2 All private roads in a comprehensively planned development shall be a minimum 6.0 m
width and constructed to the satisfaction of the Development Authority for emergency
access and egress.
9.12.3 Internal pedestrian walkways shall have a minimum width of 1.5 m and be surfaced to the
satisfaction of the Development Authority.
9.12.4 Visitor parking stalls shall be provided in the ratio of one (1) parking stall for every four
(4) Dwelling Units. Visitor parking stalls shall be dispersed throughout the
comprehensively planned development and clearly identified.
9.12.5 The required yards may be required to be landscaped and fenced to the satisfaction of the
Development Authority.
9.12.6 All utility lines shall be placed underground in a comprehensively planned development.
9.12.7 A minimum of 10% of the parcel area of a comprehensively planned development shall be
set aside for an outdoor common amenity area or recreational use.
9.12.8 One (1) identification Freestanding Sign may be located at each entrance to the
comprehensively planned development from the public road. The maximum sign area is
2.9 m2 and maximum sign height is 1.8 m.
9.12.9 A screened outdoor storage area may be provided for vehicles and equipment such as
trucks, recreational vehicles, travel trailers, snowmobiles, and boats, at a location and in a
manner satisfactory to the Development Authority.
PARKING AND LOADING
9.13.1 The minimum off-street parking and loading requirements of this Bylaw shall be met for all
developments, including for an addition to an existing building.
9.13.2 Developments containing or providing for more than one use shall provide parking stalls
equal to the sum of the requirements for the individual uses.
9.13.3 Parking stalls shall be provided in accordance with Table 3: Minimum Residential Parking
Requirements and Table 4: Minimum Non-Residential Parking Requirements, and:
shall be calculated on the basis of number of Dwellings Units, or gross floor
area, or where the term "seats" is used shall be calculated on the basis of fire
occupancy ratings;
where the calculation of the required number of parking stalls results in a
fractional number, the requirements shall be rounded up to the nearest full
stall; and
where the parking stall requirements of a development are not specified in this
Bylaw, the Development Authority shall be guided by the standards for similar
uses.
Table 3: Minimum Residential Parking Requirements
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RESIDENTIAL USES
PARKING STALLS REQUIRED
Dwelling, Detached
Dwelling, Manufactured
Dwelling, Duplex
2 per Dwelling Unit
Accessory Dwelling Unit, Attached
Accessory Dwelling Unit, Detached
No additional parking stalls
Apartment
Attached Housing
2 per Dwelling Unit plus 1 visitor parking
stall per 5 Dwelling Units
Bed and Breakfast
1 additional parking stall per guest bedroom
Care Facility
0.5 stalls per resident room or Dwelling Unit
Home Occupation, Major
Additional parking stalls at the discretion of
the Development Authority
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Table 4: Minimum Non-Residential Parking Requirements
NON-RESIDENTIAL USES
PARKING STALLS
REQUIRED
Automotive Sales
Contractor Services, Major
Hospital
Storage Yard
Truck and Freight Terminal
1 per 93 m2 of
gross floor area
Agricultural Supply Depot
Artist Studio
Auction Facility
Auto Body Shop
Automotive Repair and Service
Building Supply Centre
Bulk Fuel Station
Car Wash
Child Care Centre
Contractor Services, Minor
Convenience Store
Equipment Rental Shop
Heavy Equipment Sales and
Service
Laundry Facility
Liquor Store
Personal Service Establishment
Pet Care Services
Print Shop
Retail Store
Veterinary Clinic
Warehousing and Distribution
2 per 93 m2 of
gross floor area
Amusement Centre
Clinic
Cultural Establishment
Financial Institution
Gas Bar and Service Station
Office
Wholesale Outlet
3 per 93 m2 of
gross floor area
Drinking Establishment
Eating and Drinking Establishment 1 per 4 seats
Educational Institution
Elementary and Junior High Schools:
Senior High School and higher:
1 per classroom
4 per classroom
Hotel/Motel
1 per guest suite
Worship Facility
1 per 15 seats
Athletic and Recreational Facility,
Indoor
Athletic and Recreation al Facility,
Outdoor
Food Processing, Storage and Sales
Funeral Home
Greenhouse
Manufacturing, Heavy
Manufacturing, Light
Recycling Depot
At the discretion
of the
Development
Authority
9.13.4 A minimum of one (1) loading stall shall be required per non-residential building, unless it
can be otherwise demonstrated to the Development Authority that loading can reasonably
take place on the parcel without a dedicated loading stall, or that it can be shared
amongst multiple developments and/or tenants to minimize the number of loading stalls
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required.
Parking Area Design and Dimensions
9.13.5 Parking stalls and loading stalls shall be designed and constructed, to the satisfaction of
the Development Authority:
to be contained entirely on the parcel and not cause interference with
pedestrian or vehicular movements on adjacent parcels, roads or sidewalks;
where required, with the appropriate curbs, curb cuts or wheel stops.
9.13.6 All parking stalls and loading stalls shall have direct access to a public road or
maneuvering aisle with adequate access to a public road.
9.13.7 Parking areas shall be hard surfaced where accessed from a hard surface road.
9.13.8 Parking areas shall be designed in accordance with the dimensions stated in Table 5.
Minimum Parking Stall and Aisle Dimensions. Where more complex parking area designs
are requested (such as interlocking stalls), the design shall be reviewed based on best
practices for parking area design, to the satisfaction of the Development Authority.
Table 5: Minimum Parking Stall and Aisle Dimensions
Parking angle
(degrees)
Stall width parallel to aisle (m)
Stall depth (m)
Aisle width (m)
Dwelling Units
Other Uses
90 (perpendicular)
2.5
2.5
6.0
7.3
75
2.6
2.8
6.3
6.1
60
2.9
3.2
6.4
5.2
45
3.6
3.9
6.0
4.0
0 (Parallel)
2.5
2.6
6.7
4.0
9.13.9 Loading stalls shall be designed in accordance with the following:
a minimum of 3.5 m wide and 10.0 m in length, and no less than 4.3 m overhead
clearance; and
access to the space shall be such that no backing and turning movements of
vehicles cause interference with traffic on the adjacent roads or lanes.
VEHICLE ENTRANCES AND EXITS
9.14.1 Vehicle entrances and exits shall be located at least 6.0 m from the corner along a property
line at the intersection of two (2) or more roads.
9.14.2 All vehicle entrances and exits onto a highway shall be approved by the Provincial highway
authority.
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9.14.3 The Development Authority may require that entrances and exits for vehicles be separate,
one-directional, and/or adequately signed.
DRIVE THROUGHS AND VEHICLE-ORIENTED DESIGNS
9.15.1 Drive throughs and vehicular-oriented designs may only be allowed if the Development
Authority is satisfied that such designs do not adversely affect the functioning of
surrounding roads, traffic circulation or adjacent uses.
9.15.2 The following regulations shall apply to the design of maneuvering aisles and queuing
spaces:
must be screened from existing residential uses and not be located within 20.0
m of a Dwelling Unit, except where separated by a building;
may be located in a required setback area if there are no safety or nuisance
concerns identified with adjacent uses;
must not provide direct access to any parcel or road; and
must not interfere with other vehicular or pedestrian movements.
9.15.3 For Eating Establishments with a drive through:
ordering windows or order boards must not be located within 20.0 m of a parcel
with a principal residential use; and
a minimum of five (5) queuing spaces shall be provided per order board or
ordering window.
9.15.4 For uses which provide drive through automotive services, the following minimum queuing
spaces are required:
Gas Bars and Services Stations: one (1) queuing space per fuel pump or service
bay; and
Car Washes: two (2) queuing spaces per bay.
9.15.5 Queuing spaces shall be a minimum of 2.7 m in width and 6.5 m in length and provide
sufficient space for the turning and maneuvering of vehicles.
RENEWABLE ENERGY SYSTEMS
9.16.1 Renewable energy systems attached to a principal building or Accessory Building shall:
not extend above the peak of a roof;
not project past a roof by 1.5 m at any point; and
not generate noise, in the opinion of the Development Authority, which affects
the amenity or enjoyment of an adjacent residential use.
9.16.2 Renewable energy systems that are freestanding must meet the height and setback
regulations for an Accessory Building within the applicable Land Use District.
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SLOPE STABILITY
9.17.1
Unless otherwise determined in a slope stability analysis prepared by a qualified
professional, buildings must be setback from the toe of a slope where the slope
exceeds 15% with a vertical height greater than 3.0 m and a width at least 15.0 m wide,
in accordance with the following.
Where the slope is less than 33%, the minimum setback is 9.1 m.
Where the slope is 33% or greater, the minimum setback is one-third the height
of the slope measured from the point where the slope begins to rise steeper
than 33%.
9.17.2
Unless otherwise determined in a slope stability analysis prepared by a qualified
professional, buildings must be setback from the top of a slope where the slope
exceeds 15% with a vertical height greater than 3.0 m and a width at least 15.0 m wide,
in accordance with the following.
Where the average height of the slope is less than 15.4 m, the minimum
setback is 22.8 m.
Where the average height of the slope is between 15.5 m and 30.5 m, the
minimum setback is 45.7 m.
Where the average height of the slope is more than 30.5 m, the minimum
setback is 61.0 m or the height of the slope, whichever is greater.
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Part C - Specific Use Regulations
10 SPECIFIC USE REGULATIONS
10.1
Accessory Buildings
10.2
Accessory Dwelling Units
10.3
Home Occupations
10.4
Bed and Breakfasts
10.5
Manufactured Dwellings
10.6
Pet Care Services
10.7
Auto Body Shops
10.8
Gas Bars and Service Stations
10.9
Car Washes
10.10
Work Camps
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ACCESSORY BUILDINGS
10.1.1 Accessory Buildings must be secondary and subordinate to the principal building or
principal use on the same parcel.
10.1.2 The determination of whether a use, building or structure is considered accessory shall be
at the discretion of the Development Authority.
10.1.3 An enclosed structure which is attached to the principal building by a roof, a floor or a
foundation is not an Accessory Building and is to be considered part of the principal
building.
10.1.4 An Accessory Building shall not be used as a Dwelling Unit unless approved in accordance
with the provisions of this Bylaw.
10.1.5 Excepting the RA District, no Accessory Building shall be located in the front yard of a
parcel in a residential district or a parcel with a principal residential use.
10.1.6 Excepting the RA District, the maximum height of an Accessory Building in a residential
district or a parcel with a principal residential use is 5.0 m.
10.1.7 The minimum side yard setback of an Accessory Building in any district shall be 1.0 m,
except:
on a corner lot, where the exterior side yard setback shall be not less than the
district requirement for the principal building.
10.1.8 The minimum rear yard setback of an Accessory Building in any district is 1.0 m.
Accessory Buildings - Fabric Covered
10.1.9 Accessory Buildings - Fabric Covered shall be:
setback a minimum of 3.0 m from any structure or equipment that contains
open flames (i.e. fire pits or other open flame accessories);
kept in good condition and the fabric not frayed or damaged; and
fully enclosed with closable doors on the ends.
10.1.10 Within residential districts or a parcel with a principal residential use, an Accessory
Building - Fabric Covered must not:
exceed one (1) Accessory Building - Fabric Covered per parcel;
be connected to any Utilities;
exceed 20.5 m2 in floor area; and
be used in a manner that would cause or create a nuisance by way of noise,
vibration or dust to impact the privacy and enjoyment of adjacent residential
uses or the amenities of the neighbourhood.
10.1.11 For non-residential uses in districts other than residential districts, Accessory Buildings -
Fabric Covered may, at the discretion of the Development Authority:
be connected to Utilities; and
exceed more than one (1) Accessory Building - Fabric Covered per parcel.
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Accessory Buildings - Shipping Container
10.1.12 The Development Authority may require the exterior surface of an Accessory Building -
Shipping Container be finished, or screened from public view, to the satisfaction of the
Development Authority.
10.1.13 An Accessory Building - Shipping Container shall not be used as a Sign.
ACCESSORY DWELLING UNITS
10.2.1 An Accessory Dwelling Unit may be developed only in those Land Use Districts where it is
listed as a permitted use or discretionary use.
10.2.2 The issuance of a development permit in no way exempts the applicant from obtaining a
building permit for an Accessory Dwelling Unit.
10.2.3 A maximum of one (1) Accessory Dwelling Unit is allowed per parcel.
10.2.4 An Accessory Dwelling Unit must not be separated from the principal residential use on a
parcel by the registration of a condominium or subdivision.
10.2.5 Where a parcel is serviced by municipal water and sanitary systems, an Accessory Dwelling
Unit must be serviced from the principal Dwelling Unit's connection to the systems.
Detached Accessory Dwelling Units (Garage and Garden Suites)
10.2.6 The maximum floor area of an Accessory Dwelling Unit - Detached shall not exceed 80.0
m2, excluding any internal area for stairways and landings or common areas that are
accessible and intended to be used by residents of both Dwelling Units.
10.2.7 Where an Accessory Dwelling Unit - Detached is located on the second storey, the
maximum building height shall be 8.0 m and shall not exceed the height of the principal
building, whichever is the lesser.
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Attached Accessory Dwelling Units (Secondary Suites)
10.2.8 The maximum floor area of an Accessory Dwelling Unit - Attached shall not exceed 40% of
the gross floor area of the principal Dwelling Unit. Internal areas for stairways and
landings or common areas that are accessible and intended to be used by residents of both
Dwelling Units shall not be included in the floor area of the Accessory Dwelling Unit.
10.2.9 Notwithstanding 10.2.8, where an Accessory Dwelling Unit - Attached occupies:
the basement within a one-storey Detached Dwelling; or
the second storey of a two-storey Detached Dwelling;
the Accessory Dwelling Unit - Attached may occupy a maximum of 50% of the gross
floor area of the building.
HOME OCCUPATIONS
10.3.1 In accordance with Section 3 Development Not Requiring a Development Permit, a Home
Occupation - Minor does not require a development permit. A business license may be
required.
10.3.2 Where the applicant for a Home Occupation - Major is not the registered owner of the
Dwelling Unit proposed to be used for a Home Occupation - Major, the applicant shall
provide to the Development Authority written authorization from the registered owner(s).
10.3.3 A development permit for a Home Occupation - Major may be issued for a period of up to
three (3) years.
10.3.4 Notwithstanding 10.3.3, the Development Authority may issue a temporary development
permit for a Home Occupation - Major for a period not exceeding one (1) year. An
applicant may seek renewal for a temporary Home Occupation permit.
10.3.5 A Home Occupation shall not include any activity or operation which will cause or create a
nuisance by way of noise, dust, and/or smoke or involve the storage of dangerous or
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hazardous materials that is not characteristic of a residential use.
10.3.6 A Home Occupation - Minor shall meet all of the following criteria:
located within the principal Dwelling Unit only;
on-site sales or customer visits totaling no greater than 5 visits per day, and no
more than two customers on-site at a time;
no on-site employees other than the residents of the Dwelling Unit (all
employees must reside on the premise or work remotely);
no outdoor storage or display of goods; and
occupies less than 15% of the gross floor area of the Dwelling Unit.
10.3.7 A maximum of one (1) Fascia Sign for a Home Occupation - Minor may be displayed in
accordance with Section 11.7.3.
10.3.8 A Home Occupation - Major shall be determined as any Home Occupation which meets
one or more of the following criteria:
located within an Accessory Building;
on-site sales or customer visits totaling 6 or more customer visits per day, or
more than two customer on-site at a time;
requires parking of a commercial vehicle with a G.V.W. rating of 4500 kg or less
associated with the Home Occupation; and
the gross floor area for the Home Occupation is 15% or greater, but does not
exceed 25% of the gross floor area of the Dwelling Unit.
10.3.9 A maximum of one (1) Fascia Sign or Freestanding Sign for a Home Occupation - Major
may be displayed in accordance with Subsections 11.7.3 or 11.10.2.
BED AND BREAKFASTS
10.4.1 Bed and Breakfasts shall:
not provide cooking facilities in guest rooms;
not change the residential character or external appearance of the building;
provide off-street parking stalls in accordance with Section 9.13.3 (Table 3);
and
have a maximum of four (4) guest rooms.
10.4.2 A maximum of one (1) Fascia Sign or Freestanding Sign for a Bed and Breakfast may be
displayed, in accordance with Subsections 11.7.3 or 11.10.2.
10.4.3 A development permit for a Bed and Breakfast may be issued for a period of up to three
(3) years.
10.4.4 The issuance of a development permit in no way exempts the applicant from obtaining a
business license from the Municipality and any other provincial approvals that may be
required.
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MANUFACTURED DWELLINGS
10.5.1 Manufactured Dwellings constructed greater than ten (10) years at the time of
development permit application may not be approved at the discretion of the
Development Authority.
10.5.2 In determining the suitability of a Manufactured Dwelling for placement on a parcel,
consideration shall be given to its condition and appearance in context with the adjacent
parcels.
10.5.3 The undercarriage of a Manufactured Dwelling shall be screened from view by the
foundation or by skirting within 30 days of placement of the Manufactured Dwelling.
10.5.4 All accessory structures such as stairways and landings, patios, decks, and skirting shall be
of complementary quality and design to the Manufactured Dwelling.
10.5.5 All Manufactured Dwellings shall be provided with stairways and landings to all entrances
within 30 days of their placement.
PET CARE SERVICES
10.6.1 Pet Care Services shall be designed, constructed and operated in a manner to prevent a
nuisance to any adjacent residential use or other adjacent uses in regard to factors such as
noise, odors and waste. Outside enclosures, pens, runs or exercise areas may be allowed at
the discretion of the Development Authority.
10.6.2 The Development Authority may, as a condition of a development permit for a Pet Care
Service, limit the maximum number of animals that may be kept at any one time.
AUTO BODY SHOPS
10.7.1 All buildings and outdoor storage areas related to the Auto Body Shop must be oriented
on the parcel to minimize any potential adverse effects on adjacent uses.
10.7.2 An Auto Body Shop may include activities associated with the use located outside of a
building provided any areas of the parcel used for outdoor storage are fenced to a height
of 2.4 m, and the fence is a solid fence of either metal or wood to the satisfaction of the
Development Authority.
GAS BARS AND SERVICE STATIONS
10.8.1 Gas Bars and Service Stations shall comply with the following standards, in addition to
those standards in Section 9.14 Drive Throughs and Vehicle-Oriented Designs:
no part of a service station building or any pump island shall be within 6.0 m of
front, side or rear parcel lines;
a front yard of no less than 12.0 m;
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no pumping island closer than 4.5 m to a building;
vehicle entrances from a road shall be located at the discretion of the
Development Authority and shall not exceed 10.7 m in width; and
the parcel boundaries of a Gas Bar and Service Station, other than those
fronting a road, shall be appropriately screened to the satisfaction of the
Development Authority.
CAR WASHES
10.9.1 Car Washes shall comply with the following standards in addition to those standards in
Section 9.14 Drive Throughs and Vehicle-Oriented Designs:
the minimum parcel area shall be 557.0 m2. In the case of Gas Bars and Service
Stations including Car Washes, the minimum parcel area shall be 1,115.0 m2;
receptables for the purpose of disposing of garbage and waste shall be provided
to the satisfaction of the Development Authority; and
all parts of the parcel to which vehicles may have access shall be hard surfaced
and drained.
10.9.2 All buildings and outside activity areas related to the Car Wash must be oriented on the
parcel to minimize any potential adverse effects on adjacent uses.
WORK CAMPS (BYLAW 2026-07)
10.10.1
A temporary development permit for a Work Camp may be issued for up to one (1)
year, unless otherwise approved by the Development Authority as a condition in a
development permit.
10.10.2
In addition to the requirements in Section 5.1 Application For Development, an
application for a Work Camp shall include:
a description fo the location, type and purpose of the Work Camp;
a plan and drawings showing the location, number and type of accomodations
and associated buildings or structures and parking areas;
a plan showing the adjacent land uses, and any proposed screening or fencing;
a plan and/or description of the method of supplying water, sewage and solid
waste disposal to the Work Camp;
the number of persons proposed to reside in the Work Camp;
the anticipated start date of construction of the Work Camp, date of occupancy
and removal date;
reclamation measures once the Work Camp is complete and removed.
10.10.3 Once completed, a Work Camp site must be:
reclaimed to its original condition; or
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reclaimed to a state where sediment and dust are controlled, and the aesthetics
are returned to an acceptable condition, to the satisfaction of the Development
Authority.
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Part D - Signs
11 SIGN REGULATIONS
SIGN AUTHORITY AND ADMINISTRATION
11.1.1 Except as stated in Section 3 Development Not Requiring a Development Permit, no Sign
shall be erected on land or affixed to any exterior surface of a building or structure unless
a development permit for this purpose has been issued by the Development Authority.
11.1.2 The following Signs shall not require a development permit but must otherwise comply
with all other provisions of this Bylaw.
Signs that are located inside a building and is not visible from the exterior, or
are installed on a window of a building;
Signs that state the municipal address, owner or name of the building, to a
maximum sign area of 0.2 m2 for a residential use and 0.5 m2 for a non-
residential use;
Signs that are for the purpose of warning or direction, such as "caution", "no
trespassing" and "one-way" Signs;
Signs that relate to a Home Occupation or Bed and Breakfast and meet the
requirements of Subsections 11.7.3 or 11.10.2;
Signs that relate to a political campaign for municipal, school board, regional
health authority, provincial or federal elections;
Signs that indicate "open", "closed", "vacancy" or "no vacancy" with a
maximum sign area of 0.5 m2 per non-residential use;
Under Canopy Signs, Canopy Signs, Fascia Signs, Projecting Signs, and Roof
Signs;
Signs that are temporary Signs, including:
i.
Signs that relate to a real estate sale or a temporary event, provided the
Sign is removed immediately following the event or sale;
ii.
Portable Signs; and
iii.
A-Board Signs.
11.1.3 A development permit is not required for maintenance, repair, changing the sign content,
or reducing the sign content area of an approved Sign.
11.1.4 The issuance of a development permit for a Sign located adjacent to a highway does not
preclude any approvals or permits required by the Provincial highway authority.
11.1.5 No Sign shall be erected on or affixed to municipal property without the prior consent of
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the Village of Linden.
11.1.6 Variances may be granted to sign area where the Sign scale and design integrates with the
architectural elements and scale of the building and adjacent buildings.
11.1.7 Where a Sign is no longer related to a business, product or event located on the same
parcel as the Sign, the Sign must be removed by the owner of the Sign or the owner of the
parcel on which the Sign is located.
11.1.8 No person shall place a motor vehicle, shipping container, trailer or similar structure on a
parcel for the purpose of displaying a Sign.
11.1.9 Where a Sign contravenes the regulations of this Bylaw or the terms of a development
permit, the owner of the parcel or the owner of the Sign shall remove the Sign or relocate
or repair the Sign such that it complies with the Bylaw or the development permit within
the timelines specified in the written warning or order.
11.1.10 The Village of Linden may remove any Sign that remains in contravention of this Bylaw and
an order, and/or may refuse to issue a development permit for a Sign on the parcel for a
period of three (3) months.
SIGN APPLICATION REQUIREMENTS
11.2.1 An application for a development permit for a Sign shall be completed and submitted to
the Development Authority in writing, in the form required by the Development Authority
accompanied by the prescribed development permit fee and application submission
requirements, including:
authorization of the registered landowner;
a site plan (drawn to scale) showing the following:
i.
legal description and north arrow;
ii.
area and dimensions of the parcel boundaries, including the front, rear,
and side yards, if any;
iii.
existing and proposed easements and rights-of-way, including dimensions
and type of easement, if applicable;
iv.
the location and dimensions of all existing and proposed Signs, buildings,
structures, or uses on the parcel;
v.
identification of existing and proposed roads or lanes that will provide
access to the development;
vi.
any provision for off-street parking stalls and loading stalls; and vehicle
entrances to and exits from the parcel; and
a drawing showing the width, sign height and sign area of the Sign, including
the proposed sign content and sign content area; and
a description or drawing showing the Sign materials and colors.
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GENERAL SIGN REGULATIONS
11.3.1 No Sign shall resemble or conflict with a traffic sign, signal or device.
11.3.2 All Signs shall be designed and manufactured to a professional standard of quality, to the
satisfaction of the Development Authority.
11.3.3 The design and location of a Sign on a building shall complement the architectural
elements and materials of the building.
11.3.4 Buildings shall be designed to incorporate Signs into the building as an integrated
architectural element.
11.3.5 All Sign lighting shall be designed to illuminate the Sign only.
11.3.6 A Sign shall not be located to obstruct the movement or free and clear vision of a
pedestrian or motorist, or cause conflict with any required parking area.
11.3.7 All Signs shall be kept in a safe, clean, tidy and legible condition and may, at the discretion
of the Development Authority, be required to be renovated or removed if not kept in a
safe, clean, tidy or legible condition.
SIGN TYPES
11.4.1 Sign types are identified and defined as follows:
#
Sign Types
Definition
1
Under Canopy
Sign
means a Sign that is suspended from or below the ceiling or roof of an
awning or canopy.
2
Canopy sign
means a Sign that is mounted, painted or otherwise attached to an
awning, canopy or marquee.
3
Fascia Sign
means a Sign mounted directly on to the building fascia, which does
not project more than 0.3 m from the building and is generally
mounted above the business entrance.
4
Projecting Sign
means a Sign, other than a Canopy Sign or Fascia Sign, which is
attached to and projects more than 0.3 m horizontally from a structure
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or building face.
5
Roof Sign
means any Sign erected upon, against, or directly above a roof or on
top of or above the parapet of a building.
6
Freestanding Sign
means a Sign supported independently of a building or wall, or by way
of columns, concrete foundation, uprights, braces, masts, or poles
mounted in or upon grade.
7
Billboard Sign
means a Sign supported independently of a building or wall that
advertises goods, services or facilities which directs a person to a
different parcel on which the Billboard Sign is located and where the
sign content can be periodically replaced.
#
Temporary Sign
Types
Definition
8
A-board Sign
means a temporary sign which is set on the ground, built of two
similar pieces of material and attached at the top by a hinge(s) so as to
be self-supporting when the bottom edges are separated from each
other (i.e. sandwich board sign).
9
Portable Sign
means a temporary sign that is not permanently affixed to a building,
structure, or the ground, but does not include A-board Signs as
defined in this Bylaw.
11.4.2 When a Sign cannot be clearly categorized as one of the sign types as defined in this Bylaw,
the Development Authority shall determine the sign type and any and all applicable
standards.
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SIGN TYPE 1 - UNDER CANOPY SIGN REGULATIONS
11.5.1 Under Canopy Signs shall:
be for a business located on the main or second floor of the building in which it
is located within;
be located below the eaveline or parapet of the building;
have a maximum sign area of 0.5 m2; and
have a minimum height clearance of 2.4 m from grade or any sidewalk below.
11.5.2 A business shall have a maximum of one (1) Under Canopy Sign per frontage.
SIGN TYPE 2 - CANOPY SIGN REGULATIONS
11.6.1 Canopy Signs shall:
have a minimum height clearance of 2.7 m from grade or any sidewalk below;
not project above the roof;
be setback a minimum of 0.6 m from a curb;
not project greater than 2.0 m from the face of the building; and
not exceed 9.3 m2 in sign area.
SIGN TYPE 3 - FASICA SIGN REGULATIONS
11.7.1 Fascia Signs shall:
be located on the building frontage directly adjacent to the business;
not exceed 20% in sign area of the building face to which the Sign is attached;
and
not project above the roof or canopy greater than 1.0 m.
11.7.2 A business shall have a maximum of one (1) Fascia Sign per frontage.
11.7.3 A maximum of one (1) Fascia Sign for a Home Occupation - Minor or Home Occupation -
Major, or Bed and Breakfast may be displayed with a maximum sign area of 0.3 m2.
SIGN TYPE 4 - PROJECTING SIGN REGULATIONS
11.8.1 Projecting Signs shall:
have a minimum height clearance of 2.7 m from grade or any sidewalk below;
not project above the roof greater than 1.0 m;
be setback a minimum of 0.6 m from a curb;
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not project more than 2.0 m from the face of the building; and
not exceed 9.3 m2 in sign area.
11.8.2 A business shall have a maximum of one (1) Projecting Sign per frontage.
SIGN TYPE 5 - ROOF SIGN REGULATIONS
11.9.1 Roof Signs shall:
not exceed 9.3 m2 in sign area; and
not extend beyond the periphery of the roof on which it is located.
SIGN TYPE 6 - FREESTANDING SIGN REGULATIONS
11.10.1 Freestanding Signs shall:
not exceed 15.0 m in sign height;
not exceed a maximum sign area of 18.6 m2; and
be a minimum of 6.0 m from a curb or 1.5 m from a property line, whichever is
the greater distance.
11.10.2 A maximum of one (1) Freestanding Sign for a Home Occupation - Major or Bed and
Breakfast may be displayed with a maximum sign area of 0.3 m2 and 1.0 m height above
grade.
SIGN TYPE 7 - BILLBOARD SIGN REGULATIONS
11.11.1 Billboard Signs shall:
be a minimum of 3.0 m tall by 6.1 m wide (with the width twice the height),
with a maximum sign area of 65.0 m2;
be located no closer than 6.0 m from a property line abutting a highway;
be located no farther than 18.3 m from a property line abutting a highway;
have a minimum clearance of 3.0 m from grade; and
not exceed 8.0 m in height above grade.
11.11.2 The minimum distance between Billboard Signs on the same side of a highway where the
posted speed is 80 km/hr or greater shall be 152.0 m.
SIGN TYPE 8 - A-BOARD SIGN REGULATIONS
11.12.1 A-Board Signs shall:
be placed only within the frontage area of the business;
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not disrupt pedestrian traffic on a sidewalk;
not be illuminated; and
not exceed 2.4 m2 in sign area (with the height twice the width).
11.12.2 Only one (1) A-board Sign shall be permitted per business.
SIGN TYPE 9 - PORTABLE SIGN REGULATIONS
11.13.1 A maximum of one (1) Portable Sign may be displayed on a parcel per business provided
the Sign does not:
exceed 6.6 m2 in sign area;
exceed 3.0 m in sign height; and
is not located in the corner visibility setback.
11.13.2 A Portable Sign shall be separated a minimum of 30.0 m from any other Portable Sign
along the same side of a block of the road.
11.13.3 A Portable Sign shall not be located on a parcel so as to conflict with any required parking
areas, loading stalls, or walkways.
11.13.4 A Portable Sign must be stabilized and anchored that ensures the Sign will not be
unintentionally moved or blown over.
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Part E - Districts
12 DISTRICTS ADMINISTRATION
ESTABLISHMENT OF DISTRICTS
12.1.1 For the purpose of this Bylaw, the Municipality is divided into the following Land Use
Districts.
Short Title
District Name
Residential Districts
RA
Residential Acreage District
R-1
Low Density Residential District
R-2
General Residential District
MD
Manufactured Dwelling District
Commercial Districts
CB
Central Business District
C-1
General Commercial District
Industrial Districts
I
Industrial District
Miscellaneous Districts
CS
Community Service District
UR
Urban Reserve District
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DISTRICT BOUNDARIES
12.2.1 The locations and boundaries of the Land Use Districts are shown on the Land Use District
Maps in Part G Land Use Districts Map, which forms part of this Bylaw.
12.2.2 The locations of boundaries shown on the Land Use Districts Map shall be governed by the
following rules:
where a boundary is shown as following the municipal boundary, it shall be
deemed to follow the municipal boundary;
where a boundary is shown as approximately following a property line, it shall
be deemed to follow the property line; and
where a boundary is shown to follow the shoreline of a bank of a waterbody, it
follows that line.
12.2.3 Where the exact location of the boundary of a Land Use District cannot be determined,
using the rules in Subsection 12.2.2 above, the Council, on its own motion or on a written
request, shall fix the location:
in a manner consistent with the provisions of this Bylaw; and
with the appropriate degree of detail required.
12.2.4 The location of a district boundary, once fixed, shall not be altered except by an
amendment of this Bylaw.
DIRECT CONTROL DISTRICTS
12.3.1 Direct Control Districts provide for development that, due to its unique characteristics,
unusual site conditions, or innovative design, requires specific regulations unavailable in
other Land Use Districts. Land Uses within a Direct Control District shall be determined by
Council.
12.3.2 Direct Control Districts may not be substituted for any other Land Use District if the same
outcome can occur in that Land Use District through the approval of a variance or
relaxation to development standards.
12.3.3 Where Council deems there are sufficient and appropriate regulations within a Direct
Control Bylaw, authority to approve development within the Direct Control District may be
delegated to the Development Authority.
12.3.4 Appeals within a Direct Control District shall be in accordance with the Act.
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13 RA - RESIDENTIAL ACREAGE DISTRICT
PURPOSE
13.1.1 To accommodate acreage-style low-density residential development in a semi-rural setting.
PERMITTED USES
13.2.1 The following uses are permitted uses in the RA - Residential Acreage District:
Accessory Building*
Accessory Building - Fabric Covered*
Accessory Building - Shipping Container*
Detached Dwelling
Home Occupation - Major*
Home Occupation - Minor*
Manufactured Dwelling*
Park
Sign** (Sign type 3, 6)
Utilities
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
DISCRETIONARY USES
13.3.1 The following uses are discretionary uses in the RA - Residential Acreage District:
Accessory Dwelling Unit - Attached*
Accessory Dwelling Unit - Detached*
Bed and Breakfast*
Public Building
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
REGULATIONS
13.4.1 The minimum parcel area is 0.2 ha.
13.4.2 The maximum parcel area is 0.8 ha.
13.4.3 The minimum parcel width is 38.0 m.
13.4.4 The minimum front yard setback is 7.5 m.
13.4.5 The minimum side yard setback is 7.5 m.
13.4.6 The minimum rear yard setback is 7.5 m, except 15.0 m for a Dwelling Unit.
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13.4.7 The maximum parcel coverage for principal buildings is 20%. The maximum parcel
coverage of Accessory Buildings is 20%.
13.4.8 The maximum building height is 10.6 m for principal buildings.
13.4.9 The maximum building height is 8.0 m for Accessory Buildings.
ADDITIONAL REQUIREMENTS
13.5.1 Notwithstanding 10.3.8(c), a commercial vehicle with a G.V.W. rating of 4500 kg or more
may be stored or parked on a parcel with an approved Home Occupation - Major.
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14 R-1 LOW DENSITY RESIDENTIAL DISTRICT
PURPOSE
14.1.1 To provide for low density residential neighbourhoods comprised of Detached Dwellings,
Duplex Dwellings and other supporting neighbourhood amenities in appropriate locations.
PERMITTED USES
14.2.1 The following uses are permitted uses in the R-1 - Low Density Residential District:
Accessory Building*
Accessory Dwelling Unit - Attached*
Accessory Dwelling Unit - Detached*
Detached Dwelling
Duplex Dwelling
Home Occupation - Minor*
Manufactured Dwelling*
Park
Sign** (Sign type 3,6)
Utilities
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
DISCRETIONARY USES
14.3.1 The following uses are discretionary uses in the R-1 - General Residential District:
Accessory Building - Fabric Covered*
Bed and Breakfast*
Care Facility
Child Care Centre
Home Occupation - Major*
Public Building
Worship Facility
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
REGULATIONS
14.4.1 The minimum parcel area is 366.0 m2, except 285.0 m2 for each Dwelling Unit in a Duplex
Dwelling.
14.4.2 The minimum parcel width is 12.2 m, except 7.6 m for each Dwelling Unit in a Duplex
Dwelling.
14.4.3 The minimum front yard setback is 5.0 m.
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14.4.4 The minimum side yard setback is 1.5 m, except for an exterior side yard where is it 3.0 m.
14.4.5 The minimum rear yard setback is 7.5 m.
14.4.6 The maximum parcel coverage including all buildings is 55%, where Accessory Buildings
may comprise up to a maximum of 15% of the total parcel coverage.
14.4.7 The maximum building height is 10.6 m for principal buildings.
ADDITIONAL REQUIREMENTS
14.5.1 Notwithstanding the minimum front yard setback, the minimum length of a driveway in a
front yard is 6.0 m.
14.5.2 The maximum width of a driveway is 9.0 m.
14.5.3 A recreational vehicle or similar vehicle may only be parked in the front yard or in an
external side yard of a corner lot where:
it is located within a parking stall that is hard-surfaced (e.g. asphalt or
concrete);
the parking stall is designed to contain the recreational vehicle or similar
vehicle entirely within the property lines of the parcel.
14.5.4 The minimum width of a Manufactured Dwelling is 7.3 m.
14.5.5 The design and appearance of a Manufactured Dwelling shall be to the satisfaction of the
Development Authority, and may be required to include enhanced design elements that
add visual interest such as:
a porch or veranda on the front façade;
horizontal wall articulation on the front façade;
the use of thick columns or brackets on roof overhangs;
dormers, gables, cross gables or varied pitches for articulated roof lines;
large or bay windows on the front façade, with string window trim;
architectural features or other detailing over entrances;
changes in exterior siding materials, textures and colors to break up long wall
expanses; and
the use of trim and moldings that contrast the exterior siding.
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15 R-2 - GENERAL RESIDENTIAL DISTRICT
PURPOSE
15.1.1 To provide for residential neighbourhoods that allows for a variety of medium density
housing forms and other supporting neighbourhood amenities in appropriate locations.
PERMITTED USES
15.2.1 The following uses are permitted uses in the R-2 - General Residential District:
Accessory Building*
Apartment
Attached Housing
Detached Dwelling
Duplex Dwelling
Home Occupation - Minor*
Manufactured Dwelling*
Park
Sign** (Sign type 3, 6)
Utilities
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
DISCRETIONARY USES
15.3.1 The following uses are discretionary uses in the R-2 - General Residential District:
Accessory Building - Fabric Covered*
Bed and Breakfast*
Care Facility
Child Care Centre
Home Occupation - Major*
Public Building
Worship Facility
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
REGULATIONS
15.4.1 The minimum parcel area is 285.0 m2, except:
185.0 m2 for each Dwelling Unit in Attached Housing; and
650.0 m2 for an Apartment.
15.4.2 The minimum parcel width is 10.5 m, except:
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7.6 m for each Dwelling Unit of a Duplex Dwelling; and
6.0 m for each Dwelling Unit in Attached Housing.
15.4.3 The minimum front yard setback is 5.0 m, except 4.0 m for a Manufactured Dwelling.
15.4.4 The minimum side yard setback is 1.5 m, except:
for an exterior side yard where it is 3.0 m; and
for an Apartment where it is 3.0 m.
15.4.5 The minimum rear yard setback is 7.5 m, except 3.0 m for a Manufactured Dwelling.
15.4.6 The maximum parcel coverage including all buildings is 55%, where Accessory Buildings
may comprise up to a maximum of 20% of the total parcel coverage.
15.4.7 The maximum building height is for principal buildings is 13.7 m.
ADDITIONAL REQUIREMENTS
15.5.1 Notwithstanding the minimum front yard setback, the minimum length of a driveway in a
front yard is 6.0 m.
15.5.2 The maximum width of a driveway is 9.0 m.
15.5.3 The design and appearance of a Manufactured Dwelling shall be to the satisfaction of the
Development Authority, and may be required to include enhanced design elements that
add visual interest such as:
a porch or veranda on the front façade;
horizontal wall articulation on the front façade;
the use of thick columns or brackets on roof overhangs;
dormers, gables, cross gables or varied pitches for articulated roof lines;
large or bay windows on the front façade, with string window trim;
architectural features or other detailing over entrances;
changes in exterior siding materials, textures and colors to break up long wall
expanses; and
the use of trim and moldings that contrast the exterior siding.
15.5.4 A recreational vehicle or similar vehicle may only be parked in the front yard or in an
external side yard of a corner lot where:
it is located within a parking stall that is hard-surfaced (e.g. asphalt or
concrete);
the parking stall is designed to contain the recreational vehicle or similar
vehicle entirely within the property lines of the parcel.
15.5.5 The maximum density for comprehensively planned developments and Apartments is 67
Dwelling Units per hectare.
15.5.6
Apartments and comprehensively planned developments must, to the satisfaction of
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the Development Authority:
locate vehicle entrances and exits, parking stalls and loading stalls in such a
manner to minimize impact on adjacent residential uses;
integrate the building and site design with the surrounding neighbourhood
context; and
provide 10% of the parcel area as a landscaped area that functions as an
amenity area.
15.5.7 Parking areas for an Apartment or comprehensively planned developments shall not be
located in the front yard.
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16 MD - MANUFACTURED DWELLING DISTRICT
PURPOSE
16.1.1 To provide for residential development in Manufactured Dwellings or Manufactured
Dwelling Parks.
PERMITTED USES
16.2.1 The following uses are permitted uses in the MD - Manufactured Dwelling District:
Accessory Building*
Dwelling, Manufactured*
Home Occupation - Minor*
Park
Sign** (Sign type 3, 6)
Utilities
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
DISCRETIONARY USES
16.3.1 The following uses are discretionary uses in the MD - Manufactured Dwelling District:
Accessory Building - Fabric Covered*
Child Care Centre
Home Occupation - Major*
Manufactured Dwelling Park
Public Building
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
REGULATIONS
16.4.1 The minimum parcel area is 285.0 m2, except 0.8 ha for a Manufactured Dwelling Park.
16.4.2 The maximum parcel area for a Manufactured Dwelling Park is 12.0 ha.
16.4.3 The minimum parcel width is 12.0 m.
16.4.4 The minimum front yard setback is 4.0 m.
16.4.5 The minimum side yard setback is 1.5 m, except for an exterior side yard where it is 3.0 m.
16.4.6 The minimum rear yard setback is 3.0 m.
16.4.7 The maximum parcel coverage including all buildings is 40%, where Accessory Buildings
may comprise up to a maximum of 15% of the total parcel coverage.
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16.4.8 The maximum building height of a principal building is 6.0 m. The maximum building
height of an Accessory Building is 4.5 m.
ADDITIONAL REQUIREMENTS
16.5.1 The minimum separation distances between buildings on a Manufactured Dwelling Park
parcel are:
4.5 m between adjacent Manufactured Dwellings;
2.0 m between a Manufactured Dwelling and an Accessory Building;
3.0 m from the private Manufactured Dwelling Park road; and
4.5 m from any other building.
16.5.2 The maximum density of a Manufactured Dwelling Park is 18 Dwelling Units per hectare.
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17 CB - CENTRAL BUSINESS DISTRICT
PURPOSE
17.1.1 To provide for a centralized commercial and retail district, including civic and cultural uses.
PERMITTED USES
17.2.1 The following uses are permitted uses in the CB - Central Business District:
Artist Studio
Clinic
Convenience Store
Cultural Establishment
Eating and Drinking Establishment
Financial Institution
Hotel/Motel
Laundry Facility
Office
Park
Personal Service Establishment
Public Building
Retail Store
Sign** (Sign type 1, 2, 3, 4, 8)
Utilities
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
DISCRETIONARY USES
17.3.1 The following uses are discretionary uses in the CB - Central Business District:
Accessory Building*
Accessory Building - Shipping Container*
Amusement Centre
Apartment
Athletic and Recreational Facility, Indoor
Attached Housing
Automotive Repair and Service
Care Facility
Child Care Centre
Convenience Store
Drinking Establishment
Dwelling Units (above the first storey)
Dwelling Unit (one on the main floor
accessory to a commercial use)
Educational Institution
Funeral Home
Gas Bar and Service Station
Liquor Store
Parking Lot
Pet Care Services*
Sign** (Sign type 6, 9)
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
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REGULATIONS
17.4.1 The minimum front yard setback is zero.
17.4.2 The minimum side yard setback is 1.5 m, excepting where a fire wall is provided it is zero.
17.4.3 The minimum rear yard setback is 6.0 m.
17.4.4 The maximum parcel coverage is 80%.
17.4.5 The maximum building height is 13.7 m.
17.4.6 Notwithstanding Section 9.13 Parking and Loading, the Development Authority may grant
a relaxation or waive the minimum parking stall requirements for non-residential uses
within this district where adequate on-street parking is available.
REGULATIONS FOR APARTMENTS AND ATTACHED HOUSING
17.5.1 Notwithstanding Section 17.4, the regulations for Apartments and Attached Housing shall
be those listed in the R-2 - General Residential District, Section 15.4.
ADDITIONAL REQUIREMENTS
17.6.1 Apartments must, to the satisfaction of the Development Authority:
locate vehicle entrances and exits, parking stalls and loading stalls in such a
manner to minimize impact on adjacent uses;
integrate the building and site design with the surrounding neighbourhood
context; and
provide 10% of the parcel area as a landscaped area that functions as an
amenity area.
17.6.2 Parking stalls for an Apartment or Attached Housing shall not be located in the front yard.
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18 C-1-GENERAL COMMERCIAL DISTRICT
PURPOSE
18.1.1 To provide for a range of commercial uses along major roads that provide retail and other
services to residents and visitors to the Village of Linden.
PERMITTED USES
18.2.1 The following uses are permitted uses in the C-1 - General Commercial District:
Accessory Building*
Automotive Repair and Service
Automotive Sales
Athletic and Recreational Facility, Indoor
Car Wash*
Child Care Centre
Clinic
Contractor Services - Minor
Eating and Drinking Establishment
Gas Bar and Service Station*
Office
Personal Service Establishment
Public Building
Retail Store
Sign** (Sign type 1, 2, 3, 4, 6, 8)
Utilities
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
DISCRETIONARY USES
18.3.1 The following uses are discretionary uses in the C-1 - General Commercial District:
Accessory Building - Fabric Covered*
Accessory Building - Shipping Container*
Agricultural Supply Depot
Amusement Centre
Auction Facility
Auto Body Shop*
Building Supply Centre
Bulk Fuel Station
Campground
Contractor Services - Major
Cultural Establishment
Drinking Establishment
Heavy Equipment Sales and Service
Hotel/Motel
Liquor Store
Manufacturing, Light
Park
Parking Lot
Pet Care Facility
Recycling Depot
Sign** (Sign type 5, 9)
Storage Yard
Veterinary Clinic
Worship Facility
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
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REGULATIONS
18.4.1 The minimum parcel area is 557.0 m2.
18.4.2 The minimum parcel width is 15.0 m.
18.4.3 The minimum front yard setback is 6.0 m.
18.4.4 The minimum side yard setback is 3.0 m, excepting:
zero where a fire wall is provided; and
6.0 m abutting a parcel with a principal residential use.
18.4.5 The minimum rear yard setback is 6.0 m.
18.4.6 The maximum parcel coverage is 60%.
18.4.7 The maximum building height is 13.7 m.
ADDITIONAL REQUIREMENTS
18.5.1 A minimum of 40% of the front yard setback must be landscaped in accordance with an
approved landscaping plan and shall meet the following design requirements:
parking areas shall be screened from public view through the use of trees,
shrubs or decorative fencing;
vehicle entrances and exits to the site shall be clearly distinguished from
landscaped areas using a soft surfaced landscaping material such as sod,
grasses, a garden bed, mulch or plants;
trees shall be planted, or an existing tree preserved in the site, at a minimum
ratio of one tree per 20.0 m2 of landscaped area; and
shrubs shall be planted in a minimum ratio of one shrub per 20.0 m2 of
landscaped area.
18.5.2 All plant materials shall be a native species or a species capable of healthy growth in
Linden.
18.5.3 Sites that front to Central Avenue shall be designed to provide safe and logical pedestrian
connections within the site and to public sidewalks.
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19 I - INDUSTRIAL DISTRICT
PURPOSE
19.1.1 To provide for a range of manufacturing, warehousing and other industrial uses.
PERMITTED USES
19.2.1 The following uses are permitted uses in the I - Industrial District:
Accessory Building*
Accessory Building - Fabric Covered*
Accessory Building - Shipping Container*
Agricultural Supply Depot
Auto Body Shop*
Automotive Repair and Service
Building Supply Centre
Bulk Fuel Station
Contractor Services - Minor
Food Processing Storage and Sales
Greenhouse
Heavy Equipment Sales and Service
Manufacturing - Light
Public Building
Sign** (Sign type 1, 2, 3, 4, 5, 6, 8, 9)
Storage Yard
Utilities
Veterinary Clinic
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
DISCRETIONARY USES
19.3.1 The following uses are discretionary uses in the I - Industrial District:
Athletic and Recreational Facility - Indoor
Athletic and Recreational Facility - Outdoor
Car Wash*
Contractor Services - Major
Equipment Rental Shop
Gas Bar and Service Station
Grain Elevator and Seed Cleaning
Manufacturing - Heavy
Park
Recycling Depot
Retail Store
Sign** (Sign type 7)
Truck and Freight Terminal
Warehousing and Distribution
Wholesale Outlet
Work Camp (Bylaw 2026-07)
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
REGULATIONS
19.4.1 The minimum parcel area is 557.0 m2.
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19.4.2 The minimum parcel width is 18.0 m.
19.4.3 The minimum front yard setback is 6.0 m.
19.4.4 The minimum side yard setback is 3.0 m, except 6.0 m abutting a parcel with a principal
residential use.
19.4.5 The minimum rear yard setback is 6.0 m.
19.4.6 The maximum building height is 10.6 m.
ADDITIONAL REQUIREMENTS
19.5.1 For an application for an industrial development, the development permit application shall
contain the following information:
the type and nature of the industry;
the estimated number of employees;
the estimated water demand and source;
the type of effluent and method of treatment;
transportation routes to be used; and
any accessory works required.
19.5.2 A minimum of 20% of the front yard setback must be landscaped in accordance with an
approved landscaping plan and shall meet the following design requirements:
trees shall be planted, or an existing tree preserved in the site, at a minimum
ratio of one tree per 30.0 m2 of landscaped area; and
shrubs shall be planted in a minimum ratio of one shrub per 30.0 m2 of
landscaped area.
19.5.3 All plant materials shall be a native species or a species capable of healthy growth in
Linden.
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20 CS - COMMUNITY SERVICE DISTRICT
PURPOSE
20.1.1 To provide for recreational, educational and community uses.
PERMITTED USES
20.2.1 The following uses are permitted uses in the CS - Community Service District:
Accessory Building*
Athletic and Recreational Facility, Indoor
Athletic and Recreational Facility, Outdoor
Cultural Establishment
Educational Institution
Park
Public Building
Utilities
Sign** (Sign type 1, 2, 3, 4, 6, 8)
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
DISCRETIONARY USES
20.3.1 The following uses are discretionary uses in the CS - Community Service District:
Accessory Building - Fabric Covered*
Campground
Care Facility
Cemetery
Child Care Centre
Clinic
Exhibition Grounds
Hospital
Parking Lot
Sign** (Sign type 5, 9)
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
REGULATIONS
20.4.1 The minimum setback for all yards is 6.0 m.
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21 UR - URBAN RESERVE DISTRICT
PURPOSE
21.1.1 To reserve lands which are intended for future urban development.
PERMITTED USES
21.2.1 The following uses are permitted uses in the UR - Urban Reserve District:
Accessory Building*
Bed and Breakfast*
Dwelling, Detached
Dwelling, Manufactured*
Extensive Agriculture
Home Occupation, Major*
Home Occupation, Minor*
Park
Utilities
Sign** (Sign type 4, 8)
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
DISCRETIONARY USES
21.3.1 The following uses are discretionary uses in the UR - Urban Reserve District:
Accessory Building - Fabric Covered*
Accessory Dwelling Unit - Attached*
Accessory Dwelling Unit - Detached*
Athletic and Recreational Facility - Outdoor
Greenhouse
Gravel and Sand Excavation and Storage
Public Building
Sign** (Type 9)
*See Section 10 Specific Use Regulations
**See Section 11 Sign Regulations
REGULATIONS
21.4.1 The minimum front yard setback is 7.0 m.
21.4.2 The minimum side yard setback is 7.5 m.
21.4.3 The minimum rear yard setback is 7.5 m.
ADDITIONAL REQUIREMENTS
21.5.1 A commercial vehicle with a G.V.W. rating of up to 7300 kg may be stored or parked on a
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parcel with an approved Home Occupation - Major.
21.5.2 There shall be no subdivision of lands designated UR-Urban Reserve, excepting when:
an Area Structure Plan, if required to be prepared by Council, has been adopted
by bylaw; or
a conceptual scheme, if required to be prepared by Council, has been adopted
by bylaw or resolution; and
a concurrent application for an amendment to this Bylaw has been submitted to
and/or approved by Council.
21.5.3 The parcel coverage, building height, landscaping or other design requirements of all
buildings and structures shall be to the satisfaction of the Development Authority, who in
making its decision on a development permit application must consider:
the purpose of the UR - Urban Reserve District;
the existing and future uses of adjacent parcels.
21.5.4 Prior to approving a development permit application in the UR - Urban Reserve District,
the Development Authority must be satisfied that the proposed use will not prejudice the
future orderly development of the area.
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Part F - Definitions
22 DEFINITIONS
22.1.1 The following definitions pertain to terms and uses within the Land Use Bylaw.
Quick links - click on the letter to jump to the definitions.
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z
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A
[ Click to Return to Definitions Index ]
abut or abutting
means immediately contiguous to, or physically touching, and when used
with respect to a lot or a parcel, means that the lot or parcel physically
touches another lot, parcel, or development, and shares a property line
with it.
Accessory Building
means a use where a building or structure accommodates a use which is
related to, but is incidental or subordinate to, the use of the principal
building located on the same parcel. This includes buildings or structures
such as sheds, carports, detached garages and greenhouses.
Accessory Building -
Fabric Covered
means a use where a structure accommodates a use which is related to,
but is incidental or subordinate to, the use of the principal building located
on the same parcel. An Accessory Building, Fabric Covered is designed by
virtue of easy assembly and dismantling, commercially constructed of metal
or synthetic tube and fabric, plastic or similar materials, and covered with
waterproof sheeting, synthetic sheeting or plastic film.
Accessory Building -
Shipping Container
means a use where a shipping container accommodates an accessory use
which is related to, but is incidental or subordinate to, the principal use of
the parcel.
Accessory Dwelling Unit
means a self-contained Dwelling Unit that is subordinate to and under one
Title with the principal residential use.
Accessory Dwelling Unit -
Attached
means a use where an Accessory Dwelling Unit is located within or
attached to a Detached Dwelling or Duplex Dwelling. An Accessory
Dwelling Unit, Attached is also referred to as a secondary suite.
Accessory Dwelling Unit -
Detached
means a use where an Accessory Dwelling Unit is located on the same
parcel as, but within a separate building, from a Detached Dwelling. An
Accessory Dwelling Unit, Detached is also referred to as a garden suite or
garage suite.
accessory use
means a use which is related to, but is subordinate or incidental to the
principal use located on the same parcel.
Act
means the Municipal Government Act, Revised Statues of Alberta 2000, Ch.
M-26, as amended, and any parallel or successor legislation.
adjacent
means land that is contiguous to a parcel of land and includes land that
would be contiguous if not for a highway, road, river, stream, or railway.
Agricultural Supply Depot means a use where goods, materials or services that support agricultural
activities are provided, whether retail, wholesale or in bulk. This includes
such goods and services as sale and storage of seeds, feeds, fertilizers,
chemical products, fuels, and lubricants but does not include the buying or
selling of farm produce or animals.
Airstrip - Private
means a use intended for the arrival and departure of aircraft and includes
any building, installation, or equipment associated with the use, and which
is not registered or certified by Transport Canada.
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amenity area
means an indoor or outdoor space provided for the active or passive
recreation and enjoyment of the occupants of a development, which may
be for private or communal use and owned individually or in common.
Amusement Centre
means a use where entertainment is provided to customers for a fee, which
may include, but is not limited to facilities such as bowling alleys, theaters,
axe throwing, golf simulator or mini golf, go-cart courses, and billiard
parlours.
Appeal Body
means the board hearing a subdivision or development permit appeal in
accordance with the Act.
Apartment
means a use where a building designed for residential use contains five (5)
or more Dwelling Units with a shared or common entrance.
Artist Studio
means a use:
(a) where art is produced by individuals;
(b) that may include the instruction of art to individuals or groups;
and
(c) that may include the sale of art pieces produced by that use.
Athletic and Recreational
Facility - Indoor
means a use for the purpose of providing indoor active recreation or
athletic activities where patrons are predominantly participants and any
spectators are incidental. This includes but is not limited to gyms, athletic
studios, skating and hockey rinks, swimming pools, rifle, archery and pistol
ranges, and racquet courts.
Athletic and Recreational
Facility - Outdoor
means a use for the purpose of providing outdoor active recreation or
athletic activities. This includes but is not limited to golf courses, driving
ranges, sports fields, tennis courts, ice surfaces or rinks, athletic fields,
splash parks, bowling greens, and riding stables.
Attached Housing
means a use where a building designed for residential use consists of three
(3) or more Dwelling Units, each of which has an individual entrance to the
outdoors. This includes rowhouses, townhouses, triplexes and fourplexes.
Auction Facility
means use intended for the auctioneering of livestock, goods, equipment
and may include temporary storage of such goods and holding of the
livestock. This does not include on-site slaughtering such as an abattoir or
one-time on-site estate auction sales.
Auto Body Shop
means a use where the bodies, but not other parts, of motor vehicles are
repaired and painted.
Automotive Repair and
Service
means a use for the servicing and repair of motor vehicles within a
building, excluding an Auto Body Shop.
Automotive Sales
means a use where motor vehicles are sold or leased and stored on
portions of the parcel approved exclusively for storage or display, and may
have buildings for administrative functions associated with the use.
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average grade
means the average elevation at the mid-point along the front parcel line
and the finished ground elevation at the rear of the building. (Refer to
building height)
B
[ Click to Return to Definitions Index ]
balcony
means a projecting platform on a building, which is greater than 0.6 m
above grade. A balcony is only accessible from within the building and is
enclosed by a railing. It may be cantilevered from the building or supported
from below.
bareland condominium
means the subdivision of land into individual bare land units and registered
as a condominium plan at Land Titles, and where shared areas such as
roads and utilities are contained within common property.
basement
means that portion of a building between two floor levels which is partly
underground but which has a portion of its height from finished floor to
finished ceiling above the adjacent finished grade.
bay window
means a type of window that protrudes outwards from a wall.
Bed and Breakfast
means a use where sleeping accommodation, with or without meals, is
provided to guests within a principal Dwelling Unit, and where the
Dwelling Unit is occupied by the owner or operator.
boulevard
means that portion of a road which is public land and is often landscaped
or planted to distinguish adjacent private lands from the road.
buffer
means a row of trees, shrubs, earth berm, or fencing to provide visual
screening and separation between parcels and districts.
building
means anything constructed or placed on, in, over or under land that does
not include a highway or road.
building height
means the vertical distance measured from the average grade and the
highest point of a building, excluding a roof, stairway entrance, elevator
shaft, ventilating fan , skylight, steeple, chimney, smoke stack, fire wall or
parapet, flagpole, or similar devices not structurally essential to the
building.
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building permit
means a permit or document issued in writing by a designated Safety Codes
Officer within the building discipline pursuant to the Safety Codes Act
authorizing the commencement of a use, occupancy, relocation,
construction, or demolition of any building.
Building Supply Center
means a use where building materials, household accessories and other
related goods are stored, offered, or kept for sale and may include outdoor
storage.
Bulk Fuel Station
means a use for the purpose of storing fuel for the distribution to
customers, typically for vehicles with a gross vehicle weight (G.V.W.)
greater than 4536 kg. This does not include a Gas Bar and Service Station.
business licence
means a document issued by the Village of Linden which grants the
business owner the right to operate the business.
C
[ Click to Return to Definitions Index ]
Campground
means a use for the purpose of providing temporary accommodation for
the public in recreational vehicles or tents. A campground is not construed
to mean a use for the purpose of accommodating long-term or permanent
occupancy in recreational vehicles or Manufactured Dwellings. A
campground may include facilities such as an administration building and
laundry facilities.
Cannabis Retail Sales
means a use where Cannabis is sold for consumption off the premises and
may include the retail sale or rental of merchandise. Cannabis Retail Sales
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offers cannabis for sale from a federally approved and licenced facility and
has been licenced to operate by the Alberta Government.
canopy
means a non-retractable solid projection extending from the wall of a
building intended to be used as a protection against weather, other than
normal architectural features such as lintels, sills, mounding, architraves
and pediments, but includes a marquee.
cantilever
means a projection from the wall of a building to increase the useable
gross floor area. A cantilever does not have external bracing.
Car Wash
means a use intended for the washing, cleaning, or polishing of motor
vehicles.
Care Facility
means a use where a public or private facility provides for the care,
supervision or rehabilitation of individuals, or for palliative and end-of-life-
care, containing overnight accommodation and operated in accordance
with any relevant legislation or regulations of the Province of Alberta. Units
within a Care Facility may, at the discretion of the Development Authority,
be considered both long-term care units or Dwelling Units as these may be
for permanent residences for the occupants.
Child Care Centre
means a use where children are supervised and cared for, and may include
group day care, family daycare, nursing school, child minding, out of school
care, or specialized daycare. This does not include a dayhome.
Clinic
means a use where public or private medical, surgical, physiotherapeutic or
other professional healing treatment is provided, and includes but is not
limited to offices for medical, dentistry, physiotherapy, massage or
chiropractic services and Community Health Centres.
comprehensively planned
means a development where multiple Dwelling Units are located on a
single parcel or a parcel which is serviced by private roads and utilities and
may be divided by bareland condominium. A comprehensively planned
development includes a Manufactured Dwelling Park.
condominium
means a condominium plan registered with the Land Titles Office that
complies with the requirements of the Condominium Property Act.
Confined Feeding
Operation
means a use where livestock is confined for the purpose of growing,
sustaining, finishing or breeding by means other than grazing and requires
registration or approval under the conditions set forth in the Agricultural
Operations Practices Act through the Natural Resources Conservation
Board.
construction
management plan
means a plan that considers all relevant aspects of demolition,
development and building work and outlines methods for avoidance and
mitigation of identified impacts. A construction management plan typically
addresses issues such as public safety, traffic control, operating hours,
control of noise and vibration, air quality and dust management,
stormwater and sediment control, site contamination, waste disposal and
materials re-use or recycling and weed control.
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Contractor Services -
Major
means a use for the provision of contractor services in the building trades
and services, or road and utility construction where materials and
equipment may not be stored within a building and includes outdoor
storage.
Contractor Services -
Minor
means a use for the provision of contractor services primarily to individual
households and the accessory sale of goods normally associated with such
contractor services, and where all materials are kept within an enclosed
building, and there are no associated primary manufacturing activities. This
does not include the outdoor storage of goods or equipment.
Convenience Store
means a use where a limited range of household goods and groceries are
stocked and sold in small neighbourhood retail stores. This does not include
Cannabis Retail Sales.
corner lot
means a lot situated at the intersection of two or more roads, or at the
intersection of two parts of the same road which parts have an intersection
of not more than 135 degrees.
corner visibility setback
means a triangular area formed on a corner lot by the two curb lines and a
straight line which intersects them 7.5 m from the corner where they meet.
In the case where there is no curb on one or more roads, 6.0 m from the
corner where they meet.
Council
means the duly elected Council of the Village of Linden.
Cultural Establishment
means a use which is available to the public for the purpose of assembly,
instruction, cultural or community activity and includes such things as a
library, museum, art gallery, community centre and similar activities.
D
[ Click to Return to Definitions Index ]
day home
means a type of Home Occupation - Major where temporary care,
development and supervision is provided within a Dwelling Unit for periods
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not exceeding 24 consecutive hours to a maximum of six (6) children under
the age of 13 years, not including children under the age of 13 years who
permanently reside in the home.
deck
means a flat, floored concrete or wooden platform, elevated more than 0.6
m above grade and usually adjoining a building.
density
means a measure of development intensity expressed as a ratio of the
number of Dwelling Units to parcel area.
Designated Officer
means a position established by bylaw whereby Council has delegated
powers, duties, and/or functions.
development
means:
(a) an excavation or stockpile and the creation of either of them; or
(b) a building or an addition to, or replacement or repair of a
building and the construction or placing in, on or under land of
any of them; or
(c) a change of use of land or a building, or an act done in relation to
land or a building that results or is likely to result in a change in
the land or the building; or
(d) a change in the intensity of use of land or building that results in
or is likely to result in a change in the intensity of use of the land
or building.
Development Authority
means a person or persons appointed as a Development Authority as
contemplated by and in accordance with the Act.
Development Officer
means a person or persons appointed as a Development Officer as
contemplated by and in accordance with the Act.
development permit
means a document authorizing a development, issued by the Development
Authority pursuant to this Bylaw, and includes the plans and conditions of
approval.
discretionary use
means the use of land or of a building which is listed as such a use in a Land
Use District or a Direct Control District.
Drinking Establishment
means a use:
(a) where the primary function is the servicing of alcoholic beverages
for consumption on the premises and is licensed by Alberta
Gaming, Liquor and Cannabis. Typical businesses include taverns,
pubs, bars and nightclubs; and
(b) may include supplementary preparation and sale of food for
consumption on the premises.
drive through
means a business that is designed to include sales or service to an occupant
within a motorized vehicle which may include Eating and Drinking
Establishments, Financial Institutions, Car Washes, Gas Bars and Service
Stations.
Dwelling, Detached
means a use where a building designed for residential use contains one
principal Dwelling Unit.
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Dwelling, Duplex
means a use where a building designed for residential use contains two
Dwelling Units, each having a separate entrance from the outside and may
be located one above the other or side-by-side.
Dwelling, Manufactured
means a use where a transportable, single or multiple section building
conforming to CSA standards that contains a Dwelling Unit and when placed
on a permanent foundation is ready for residential use and occupancy. A
Manufactured Dwelling includes such styles known as modular homes,
manufactured homes and Ready to Move (RTM) Homes.
Dwelling Unit
means a use where a building or a self-contained portion of a building
contains sleeping, cooking and toilet facilities for the residential use of one
or more people.
E
[ Click to Return to Definitions Index ]
easement
means a right to the limited use of land held by another, generally for
access to another parcel or as a right-of-way for a utility and is registered
on the parcel with the Land Titles Office in accordance with the Land Titles
Act.
eave
means the edges of the roof that overhang past the walls of a building that
primarily function to protect a building from rain and to provide
ventilation.
Eating and Drinking
Establishment
means a use where food and beverages are prepared and served and
includes supplementary alcoholic beverage service licensed by the Alberta
Gaming and Liquor Commission. This includes restaurants, cafes, and
cafeterias, and may include a drive through.
Educational Institution
means a use where persons are assembled for educational purposes within
buildings and structures, including classrooms, libraries, offices,
recreational facilities and other related facilities, and where dormitory
accommodations and common kitchen and dining facilities may also be
provided.
environmental
evaluation
means a study or report prepared by a qualified professional that considers
relevant environmental impacts and mitigations related to a proposed
development, and may include considerations such as:
(a) fish or wildlife and associated habitat;
(b) vegetation, soils and terrain;
(c) groundwater or surface water;
(d) air quality; and
(e) cumulative effects.
Equestrian Centre
means a use intended for the accommodation, showing and competition of
horses and may include a stable, gymkhana course, race track, and other
related facilities.
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Equipment Rental Shop
means a use for the rental of tools, appliances, office machines, light
construction equipment or similar items but not the rental of motor
vehicles.
Exhibition Grounds
means a use where land or buildings accommodate temporary events
including seasonal shows, conventions, conferences, seminars, product
displays or sale of goods, recreation activities, and entertainment
functions. This use may include accessory functions including food and
beverage preparation and service for on-premise consumption.
existing
means existing as of the effective date of this Bylaw.
Extensive Agriculture
means a use where systems of tillage and animal husbandry through which
one may gain livelihood from large areas of land by the raising of crops or
the rearing of livestock either separately or in conjunction with one
another in unified operations and includes Accessory Buildings and other
structures incidental to the operation. This does not include a Confined
Feeding Operation, or residential uses.
F
[ Click to Return to Definitions Index ]
fence
means a vertical physical barrier constructed out of typical building
material to prevent visual or unauthorized access, or both.
Financial Institution
means a use where banks, credit unions, trust companies and treasury
branches operate within a building and may include automated banking
machines and/or a drive through. This does not include businesses such as
a pawn shop.
fire wall
means a type of fire separation of non-combustible construction which
internally divides a building or separates adjoining buildings to resist the
spread of fire and which has a fire resistance rating.
floor area
means the area of a building or specified portion of a building, measured
to the outside surface of the exterior walls, or where buildings are
separated by fire walls, to the centre line of the common fire walls, and
excludes all mechanical equipment areas and all open areas inside a
building that do not contain a floor including atriums, elevator shafts,
stairwells and similar areas.
Food Processing, Storage,
And Sales
means a use where raw farm products, combined with other consumable
ingredients, produce marketable products for consumption that can be
easily prepared and served by the consumer, and where raw farm products
may be warehoused prior to being sold either directly to consumers or for
wholesale, and the selling of raw farm products either directly to
consumers or for wholesale.
frontage
means a property line of a parcel which abuts a highway or road.
Funeral Home
means a use where funerals are arranged and held, where the deceased are
prepared for burial or cremation, and where not more than one cremation
chamber is provided.
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G
[ Click to Return to Definitions Index ]
Gas Bar and Service
Station
means a use where fuel, lubricating oils and minor accessories for motor
vehicles are sold and may include a portion of the premises for the
servicing and minor repairing of motor vehicles.
grade
means the geodetic elevation of the existing ground in an undisturbed
natural state or an approved design grade as described in a grading plan.
Gravel and Sand
Excavation and Storage
means a use where aggregate materials are excavated and/or stockpiled.
Grain Elevator and Seed
Cleaning
means a use where grain is stored and stockpiled in towers, and includes
the cleaning of seeds to remove any debris or unwanted seeds.
Greenhouse
means a use which is devoted to the commercial cultivation of vegetables,
flowers or other plants within a building, and where such vegetables or
plants may be sold wholesale or directly to the consumer.
gross floor area
means the sum of the areas of all above grade floors of a building
measured to the outside surface of the exterior walls, or where buildings
are separated by fire walls, to the centre line of the common fire walls,
and includes all mechanical equipment areas and all open areas inside a
building that do not contain a floor including atriums, elevator shafts,
stairwells and similar areas. For greater clarity, a walk-out basement is not
included in the calculation of gross floor area, but Dwelling Units in the
basement of an Apartment shall be included in the calculation of gross
floor area.
H
[ Click to Return to Definitions Index ]
Heavy Equipment Sales
and Service
means a use where farm and heavy industrial equipment is sold, rented and
serviced.
highway
means a road designated and classified as a provincial highway by the
Province of Alberta.
Home Occupation
means an occupation, trade, profession, or craft operated by an occupant
of a Dwelling Unit as an accessory use to the principal residential use of
the building pursuant to this Bylaw.
Home Occupation -
Minor
means a use where a Home Occupation is operated which allows for
limited customer visits and deliveries but does not impact adjacent
residential uses beyond that of a typical Dwelling Unit.
Home Occupation -
Major
means a use where a Home Occupation is operated which may be
detectable outside of the Dwelling Unit but does not negatively impact the
general residential nature of the neighbourhood.
Hospital
means a use where in-patient and out-patient health care is provided to
the public.
Hotel/Motel
means a use where temporary or short-term sleeping accommodations are
provided in rooms or suites, which may contain kitchen facilities. This
definition includes hotels, motels, hostels and similar overnight
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accommodations. This may include additional facilities or services such as
Eating and Drinking Establishments, meeting or banquet rooms, Personal
Service Establishments, a manager's suite and convention facilities.
I
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J
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K
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Kennel
means a use where dogs or cats or other domestic pets may be maintained,
boarded, bred or trained and may include the incidental sale of products
related to the services provided, but does not include a Veterinary Clinic or
Pet Care Service.
L
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landing
means a platform that primarily functions as an entrance into a building.
Landings are a separate building element to balconies, decks and patios as
they are not intended to provide or function as an amenity area.
landscaped area
means that portion of a parcel which is required to be landscaped pursuant
to district regulations or conditions of approval of a development permit.
landscaping
means the modification and enhancement of a parcel or a portion of a
parcel through the use of any combination of trees, bushes, shrubs, plants,
flowers, lawns, bark mulch or other ground cover, and hard landscaping
materials such as brick, stone, concrete tile or wood, but excludes all areas
used for a parking area or driveway.
lane
means a public thoroughfare usually less than 10.0 m wide typically
providing secondary access to one or more parcels. For the purpose of this
Bylaw, a lane is not a road.
Laundry Facility
means a use where clothes and other fabric goods are cleaned or pressed.
This includes businesses such as a laundromat and dry cleaners.
Liquor Store
means a use where alcoholic beverages are sold for off-site consumption
from a retail store licensed by the Alberta Gaming and Liquor Commission.
loading stall
means a space for parking a vehicle while it is being loaded or unloaded.
lot
means a lot as defined in the Act.
M
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Manufactured Dwelling
Park
means a use where a parcel of land under one Title is comprehensively
planned for the placement of Manufactured Dwellings for permanent
residential use. A Manufactured Dwelling Park may also include Accessory
Buildings and accessory uses such as maintenance buildings, amenity areas
and common facilities.
Manufacturing - Heavy
means a use where goods or products are fabricated, processed,
assembled, or packaged for distribution, where all or part of the processes
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associated with the use are located outside of a building, and which may
generate a nuisance beyond the boundary of the parcel.
Manufacturing - Light
means a use where goods or products are fabricated, processed,
assembled, or packaged for distribution, where all of the processes
associated with the use are located inside of a building, and which does not
generate any nuisance beyond the boundary of the parcel.
Municipal Planning
Commission (MPC)
means the Municipal Planning Commission established by Bylaw pursuant
to the Act.
Municipality
means the Village of Linden.
N
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non-conforming building
means a building that is lawfully constructed or lawfully under construction
at the date a Land Use Bylaw affecting the building or the land on which
the building is situated becomes effective and that on the date the Land
Use Bylaw becomes effective does not, or when fully constructed will not,
comply with the Land Use Bylaw.
non-conforming use
means a lawful, specific use being made of land or a building, or intended
to be made of a building lawfully under construction at the date a Land Use
Bylaw affecting the land or building becomes effective and that on the date
the Land Use Bylaw becomes effective does not, or in the case of a building
under construction will not, comply with the Land Use Bylaw.
O
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Office
means a use for the provision of professional, management, administrative,
and consulting services. This does not include a Clinic.
outdoor storage
means the storing, stockpiling, or accumulation of goods, equipment or
materials in an area that is open or exposed to the natural elements, and
includes vehicles, recreational vehicles and boats, waste materials, debris
or garbage.
P
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parcel
means the aggregate of the one or more lots described in a Certificate of
Title or described in a Certificate of Title by reference to a plan file or
registered in a Land Titles Office.
parcel area
means the total area of land within the parcel.
parcel coverage
means the percentage of the parcel area covered by the area of all
buildings including Accessory Buildings, and excludes balconies, bay
windows, canopies, shade projections, cornices, eaves and gutters, roof
overhangs, fire escapes, sills, stairways and landings, patios and decks or
similar projections.
parcel line, exterior side
means a property line, other than the front parcel line, which abuts a road.
parcel line, front
means the shortest property line that abuts a road, unless otherwise
determined by the Development Authority in accordance with this Bylaw.
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parcel line, interior side
means a property line other than a front parcel line or rear parcel line,
which abuts another parcel or a lane.
parcel line, rear
means the property line which is opposite to and is not connected to the
front parcel line, excepting in the case for a reverse corner lot where the
rear parcel line is opposite to the exterior side parcel line.
parcel width
means the average horizontal distance between two side parcel lines.
Park
means a use where land is designated or reserved for active or passive
recreation, or to be left in a natural state, and/or areas of cultural or scenic
value. This may include facilities such as playgrounds, picnic grounds,
pathways and trails, landscaped buffers, gardens and fields.
parking area
means an open area of land, above or underground, other than a road,
used for the parking of vehicles and shall include parking stalls, vehicle
entrances and exits, and maneuvering aisles.
Parking Lot
means a use where the primary purpose of the land is for the parking of
motor vehicles at grade, or in a parking structure which may be above or
below grade.
parking, off-street
means a parking area located on the same parcel as the building,
structure, or use.
parking stall
means a space within a building or parking area, for the parking of one
vehicle, excluding driveways, aisles, and ramps.
parking stall, visitor
means a parking stall intended only for the use of visitors to Dwelling
Units.
patio
means a platform, the height of which may be up to but does not exceed
0.6 m from grade, that may or may not be attached to a building.
Peace Officer
means a position authorized by the Alberta Government, or by Council for
the purpose of enforcing various laws to provide safe and secure
communities.
permitted use
means the use of land or a building which is listed as such use in a Land Use
District or Direct Control District.
Personal Service
Establishment
means a use where personal services are provided to an individual which
are related to the care and appearance of the body or the cleaning and
repair of personal effects. This includes but is not limited to such
businesses as barber shops, hair and/or beauty salons, and tailors.
Pet Care Services
means a use where domestic pets are cleaned, groomed and cared for,
where no boarding or kenneling of any animals occurs, and may include the
incidental sale of products related to the services provided. This does not
include a Kennel or Veterinary Clinic.
principal
means the main purpose for which a building or parcel is used.
Print Shop
means a use where retail photocopying and/or commercial printing service,
or industrial printing and publishing services are provided.
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property line
means the legal boundary of a parcel or lot.
Public Building
means a use where facilities or buildings that are owned or operated by, or
for, the Municipality, the Provincial Government, the Federal Government
or a corporation under federal or provincial statute, for the purpose of
furnishing services or commodities to, or for the use of, the inhabitants of
the municipality.
Q
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qualified professional
means individuals with experience and training in a particular discipline
with a recognized degree, certification, license or registration.
R
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recreational vehicle
means a portable structure designed and built to be carried on a vehicle, or
a unit designed and built to be transported on its own wheels, to provide
temporary living accommodation for travel and recreational purpose and
includes, but is not limited to, such vehicles as a motor home, camper,
holiday (travel) trailer and a tent trailer, but does not include a Dwelling,
Manufactured.
Recycling Depot
means a use where recyclable materials are collected, sorted and
transferred off-site for processing or manufacturing.
Regulation
means the Matters Related to Subdivision and Development Regulation
AR84/2022, as amended, and any parallel or successor legislation.
renewable energy system means a system that produces electrical power or heat to be used for on-
site consumption or heating requirements by means such as, but not
limited to, active and passive solar collectors, geothermal energy or heat
exchange systems. A renewable energy system may provide residual power
to the grid but is not intended to produce power primarily for resale.
residential use
means the use of a parcel for the purpose of a residence by a person or
persons and does not include use of the property for commercial purposes.
A residential use is one where the occupants have exclusive use for an
indefinite amount of time except in accordance with a tenancy agreement
under the Residential Tenancies Act or the Mobile Homes Site Tenancies
Act.
Retail Store
means a use where the primary function is for the sale of finished products
or goods to customers, and also includes rental services. This does not
include a Building Supply Centre, Cannabis Retail Sales, a Convenience
Store, a Liquor Store or Wholesale Outlet.
reverse corner lot
means a residential corner lot where the front façade of the Dwelling Unit
is oriented towards the longest property line which abuts a road which is
considered the front parcel line. The exterior side parcel line of a reversed
corner lot is the shorter property line which abuts a road.
road
means any public road, including the boulevards, sidewalks and
improvements, but excluding a lane, highway or private road.
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S
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screening
means a fence, earth berm, or hedge used to visually separate between
parcels, districts or uses.
setback
means the minimum distance as required by the district between a
building, structure, or use, or from each of the respective property lines, or
from a natural boundary or other reference line.
shade projection
means a structure that is attached to and projects from a building with the
intent of providing shade or cover, and may include a canopy, awning,
shade louvre, or pergola.
shipping container
means a large metal container with suitable strength for the shipping,
storage and handling of goods. Shipping containers are also commonly
known as sea cans or intermodal containers.
Sign
means any device or fixture intended to convey information or to advertise
or attract attention to any person, business, matter, message, object or
event.
sign area
means the entire area of a Sign on which sign content is intended to be
placed. In the case where a Sign has sign content on more than one side of
the Sign, sign area means the average total area of all sides of the Sign. See
Sign Figure 1: Sign Area and Sign Content Area.
sign content
means the wording/lettering, message, graphics or content displayed on a
Sign.
sign content area
means a rectangular area formed by the extreme limits of the sign content,
including graphics related to the specific nature of the sign content. See
Figure 3: Sign Area and Sign Content Area.
Figure 3: Sign Area and Sign Content Area
sign height
means the vertical distance measured from the highest point of the Sign or
Sign structure to grade.
sign type
means the type of structure of a Sign (e.g. freestanding, portable) used to
convey the sign content.
slope stability
means the stability of a slope, which is a function of the steepness, soil
material, moisture content, ground water condition, slope geometry and
vegetation cover.
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Storage Yard
means a use:
(a) where goods, motor vehicles or equipment are stored when they
are not being used and may include long term storage where a fee
is paid;
(b) where the vehicles and equipment stored may also be serviced,
cleaned or repaired;
(c) that may involve the storage of construction materials;
(d) that does not involve the storage of any derelict vehicles or
derelict equipment;
(e) that does not involve the production or sale of goods as part of
the use; and
(f) that may have a building for the administrative functions
associated with the use.
storey
means the space between the top of any floor and the top of the next floor
above it, and if there is no floor above it, the portion between the top of
the floor and the ceiling above it.
structure
means anything constructed or erected with a fixed location on the ground
or attached to something having a fixed location on the ground, but does
not include a fence or a Sign.
subdivision
means the division of a parcel by an instrument and the word "subdivide"
has corresponding meaning.
Subdivision Authority
means a person or body appointed as a Subdivision Authority in
accordance with the Act.
T
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Telecommunication
Structure
means a device that requires a permit from the Federal Government and is
used to receive and/or to transmit radio-frequency (RF) signals, microwave
signals, or other communications energy transmitted from, or to be
received by, other antennas. Telecommunication Structures include the
antenna, and may include a supporting tower, mast or other supporting
structure, and an equipment shelter. A Telecommunication Structure may
be freestanding or mounted on an existing building or structure.
temporary
means a limited period of time as decided by the Development Authority.
temporary sign
means any Sign designed or intended to be displayed for a short period of
time, including balloon signs, construction signs, political poster signs,
banner signs or any other Sign that is not permanently attached to a
supporting structure or building. A-Board Signs and Portable Signs are
temporary signs.
top of slope
means the topographic transition of a slope where the slope begins to fall
at a rate greater than 15%.
toe of slope
means the topographic transition of a slope where the slope begins to rise
at a rate greater than 15%.
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Truck and Freight
Terminal
means a use where goods/freight are received, transferred, stored short-
term, and dispatched for transport by truck.
U
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use
means a permitted use or discretionary use.
Utility
means a use where a system or works are provided for treatment, storage
or distribution of one or more of the following:
(a) waterworks;
(b) sewage disposal;
(c) public transportation;
(d) irrigation;
(e) drainage;
(f) fuel;
(g) electric power;
(h) heat;
(i) waste management (excluding a Waste Transfer Station); and
(j) communications (excluding a Telecommunication Structure).
V
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vehicle, derelict
means any vehicle no longer in road worthy condition, in a state of
disrepair, wrecked or being dismantled but does not include vehicles stored
in buildings, commercial or farm vehicles or vehicles used for commercial
or industrial purposes on land designated for commercial or industrial use
in this Bylaw.
Veterinary Clinic
means a use for the medical treatment of animals and includes provision
for their overnight accommodation within the building only, and may
include associated office space. This does not include Pet Care Services or
Kennels.
violation tag
means a tag or similar document issued by the municipality pursuant to the
Act.
violation ticket
means a ticket issued pursuant to Part II of the Provincial Offences and
Procedures Act and regulations enacted thereunder.
W
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Warehousing and
Distribution
means a use where goods are stored inside a building and transferred to
and from other locations. Warehousing and Distribution does not include
any manufacturing, display or sales of the goods, but may include
associated administrative functions.
Waste Transfer Station
means a use where solid waste materials are received from collection
vehicles and consolidated into larger vehicles for transport to the landfill.
Wholesale Outlet
means a use where goods are sold for retail in larger quantities to other
retailers or direct to consumers.
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Work Camp
(Bylaw 2026-07)
means a use where temporary living accommodation for employees
involved in the construction or operation of a commercial or industrial
development is provided in a camp. This may include accommodation in
the form of pre-fabricated buildings, recreational vehicles, trailers, tent
trailers or tents.
Worship Facility
means a use for the purpose of spiritual worship. Examples may be, but are
not limited to, churches, temples, mosques and synagogues.
X
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Y
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yard
means any open space on a parcel, unoccupied and unobstructed and is the
distance between the property line to the foundation of the principal
building or the exterior finishing materials of an Accessory Building.
yard, exterior side
means the area of a parcel extending from the front foundation of the
principal building to the rear foundation of the principal building and
between the side foundation of the principal building to the exterior side
parcel line.
yard, front
means the area of a parcel extending across the full width of the parcel
between the front parcel line and the front foundation of the principal
building.
yard, interior side
means the area of a parcel extending from the front foundation of the
principal building to the rear foundation of the principal building and
between the side foundation of the principal building to the interior side
parcel line.
yard, rear
means the area of a parcel extending across the full width of the parcel
between the rear parcel line and the rear foundation of the principal
building
Z
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22.1.2 All other words and phrases mean the same as they do in the Act.
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Part G - Land Use Districts Map
23 LAND USE DISTRICTS MAP
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