Municipal District of Acadia No. 34 Land Use Bylaw
Municipal District of Acadia No. 34, Alberta
· No. 34
· adopted 2024-04-09
· summary & facts
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Bylaw 2024-790
Adopted April 9th, 2024
Municipal District of Acadia No. 34
Land Use Bylaw
Prepared by:
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M.D. of ACADIA NO. 34
BYLAW NO. 2024-790
BEING A BYLAW OF THE MUNICIPAL DISTRICT OF ACADIA NO. 34 IN THE PROVINCE
OF ALBERTA, TO PROHIBIT OR REGULATE AND CONTROL THE USE OF LANDS AND
BUILDINGS IN THE M.D. OF ACADIA NO. 34
WHEREAS:
Pursuant to the provisions of Section 640(1) of the Municipal Government Act,
RSA,Chapter M-26 as amended, the Council of a Municipality must, by Bylaw,
adopt a land use bylaw.
AND WHEREAS:
Council has undertaken a major review of the Land Use Bylaw
2012-727; and held a Public Hearing on APRIL 9, 2024, as required by
Section 230 of the Municipal Government Act.
NOW THEREFORE: THE COUNCIL OF THE M.D. OF ACADIA NO. 34 IN THE
PROVINCE OF ALBERTA, DULY ASSEMBLED, ENACTS
AS FOLLOWS:
1.
This Bylaw shall be known as "M.D. of Acadia No. 34 Land Use Bylaw".
2.
The M.D. of Acadia Land Use Bylaw being Schedule "A" as attached to and forming part of this
Bylaw is hereby adopted.
3.
Bylaw 2012-727 and all amendments are herby repealed.
4.
This Bylaw takes effect on the date of the third reading.
READ A FIRST TIME this 12th day of March 2024.
READ A SECOND TIME this 9th day of April 2024.
READ A THIRD TIME AND FINAL TIME this 9th day of April 2024.
X_____________________________
Reeve
X_____________________________
Chief Administrative Officer
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Table of Contents
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 .................................................................................... 3
3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ....................................... 4
4
ADMINISTRATIVE AGENCIES .................................................................................... 6
DEVELOPMENT APPROVAL AUTHORITIES .................................................................................................... 6
DEVELOPMENT AUTHORITY - POWERS AND DUTIES .................................................................................... 6
VARIANCE POWERS OF THE DEVELOPMENT AUTHORITY .............................................................................. 8
SUBDIVISION AUTHORITY ........................................................................................................................... 8
SUBDIVISION AUTHORITY - POWERS AND DUTIES ....................................................................................... 8
5
DEVELOPMENT APPLICATION AND APPROVAL PROCESS ......................................... 10
APPLICATION REQUIREMENTS .................................................................................................................. 10
NOTICE OF COMPLETE OR INCOMPLETE APPLICATION ............................................................................... 11
REVIEW PERIOD ....................................................................................................................................... 12
REFERRAL ................................................................................................................................................ 12
DECISION PROCESS .................................................................................................................................. 12
NOTICE OF DECISION AND ISSUANCE OF DEVELOPMENT PERMITS .............................................................. 14
CONDITIONS OF APPROVAL ...................................................................................................................... 16
COMMENCEMENT AND COMPLETION OF DEVELOPMENT ........................................................................... 17
DIRECT CONTROL DISTRICTS AND PERMITS ............................................................................................... 17
6
APPEALS .............................................................................................................. 18
DEVELOPMENT APPEALS .......................................................................................................................... 18
SUBDIVISION APPEALS ............................................................................................................................. 18
7
BYLAW AMENDMENT PROCESS ............................................................................. 19
APPLICATION TO AMEND THE LAND USE BYLAW ....................................................................................... 19
8
ENFORCEMENT ..................................................................................................... 20
OFFENCES ................................................................................................................................................ 20
ENTRY AND INSPECTION .......................................................................................................................... 20
ORDERS ................................................................................................................................................... 20
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VIOLATION TAGS AND PENALTIES ............................................................................................................. 21
VIOLATION TICKETS ................................................................................................................................. 22
9
GENERAL LAND USE REGULATIONS ........................................................................ 23
APPLICABILITY ......................................................................................................................................... 23
DESIGN, CHARACTER, AND APPEARANCE .................................................................................................. 23
DWELLING UNITS ON A PARCEL .................................................................................................................. 2
OBJECTS PROHIBITED OR RESTRICTED IN RESIDENTIAL DISTRICTS ................................................................ 2
SCREENING ................................................................................................................................................ 2
UTILITY SERVICES AND INFRASTRUCTURE ................................................................................................... 2
SITE GRADING AND DRAINAGE ................................................................................................................... 3
RELOCATION OF BUILDINGS ....................................................................................................................... 3
YARD SETBACKS AND PERMITTED PROJECTIONS .......................................................................................... 3
FENCES AND HEDGES ................................................................................................................................. 6
CORNER LOTS AND REVERSE CORNER LOTS ................................................................................................. 7
PARKING AND LOADING ............................................................................................................................. 8
VEHICLE ENTRANCES AND EXITS ............................................................................................................... 12
SLOPE STABILITY AND FLOOD HAZARD ...................................................................................................... 15
LANDSCAPING ......................................................................................................................................... 17
SUBDIVISION ........................................................................................................................................... 18
MULTI-LOT SUBDIVISION .......................................................................................................................... 20
RESIDENTIAL DEVELOPMENT .................................................................................................................... 21
RURAL COMMERCIAL DEVELOPMENT ........................................................................................................ 22
INDUSTRIAL DEVELOPMENT ..................................................................................................................... 22
10 SPECIFIC USE REGULATIONS .................................................................................. 23
APPLICABILITY ......................................................................................................................................... 23
ACCESSORY BUILDINGS, STRUCTURES, AND USES ...................................................................................... 24
ACCESSORY DWELLING UNITS ................................................................................................................... 27
HOME OCCUPATIONS ............................................................................................................................... 29
BED AND BREAKFASTS ............................................................................................................................. 30
MANUFACTURED DWELLINGS ................................................................................................................... 31
MANUFACTURED HOME PARKS ................................................................................................................ 31
PET CARE SERVICES .................................................................................................................................. 32
KENNELS ................................................................................................................................................. 32
AUTO BODY SHOPS .................................................................................................................................. 33
GAS BARS AND SERVICE STATIONS ........................................................................................................... 33
CAR WASHES ........................................................................................................................................... 34
RECREATIONAL VEHICLES ......................................................................................................................... 34
CANNABIS RETAIL SALES .......................................................................................................................... 34
CANNABIS PRODUCTION FACILITY ............................................................................................................ 35
RENEWABLE ENERGY SYSTEMS ................................................................................................................. 35
SMALL WIND ENERGY SYSTEMS ................................................................................................................ 35
LARGE WIND ENERGY SYSTEM .................................................................................................................. 37
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SOLAR ENERGY SYSTEMS - COMMERCIAL ................................................................................................. 38
NATURAL RESOURCE EXTRACTION AND PROCESSING FACILITIES ................................................................ 39
WASTE MANAGEMENT FACILITIES ............................................................................................................ 40
WRECKER AND SALVAGE .......................................................................................................................... 41
WORK CAMPS .......................................................................................................................................... 41
11 SIGN REGULATIONS .............................................................................................. 43
SIGN AUTHORITY AND ADMINISTRATION .................................................................................................. 43
SIGN APPLICATION REQUIREMENTS .......................................................................................................... 43
SIGN DEFINITIONS ................................................................................................................................... 44
GENERAL SIGN REGULATIONS ................................................................................................................... 45
12 DISTRICTS ADMINISTRATION ................................................................................. 46
ESTABLISHMENT OF DISTRICTS ................................................................................................................. 46
DISTRICT BOUNDARIES ............................................................................................................................. 47
DIRECT CONTROL DISTRICTS ..................................................................................................................... 47
13 AG - AGRICULTURE GENERAL DISTRICT .................................................................. 48
PURPOSE ................................................................................................................................................. 48
DEVELOPMENT PERMIT NOT REQUIRED .................................................................................................... 48
PERMITTED USES ..................................................................................................................................... 48
DISCRETIONARY USES .............................................................................................................................. 48
REGULATIONS .......................................................................................................................................... 49
ADDITIONAL REQUIREMENTS ................................................................................................................... 52
14 CR - COUNTRY RESIDENTIAL DISTRICT ................................................................... 53
PURPOSE ................................................................................................................................................. 53
DEVELOPMENT PERMIT NOT REQUIRED .................................................................................................... 53
PERMITTED USES ..................................................................................................................................... 53
DISCRETIONARY USES .............................................................................................................................. 53
REGULATIONS .......................................................................................................................................... 54
ADDITIONAL REQUIREMENTS ................................................................................................................... 54
15 CS - COMMUNITY SERVICE DISTRICT ..................................................................... 55
PURPOSE ................................................................................................................................................. 55
DEVELOPMENT PERMIT NOT REQUIRED .................................................................................................... 55
PERMITTED USES ..................................................................................................................................... 55
DISCRETIONARY USES .............................................................................................................................. 55
REGULATIONS .......................................................................................................................................... 56
16 RI - RURAL INDUSTRIAL DISTRICT .......................................................................... 57
PURPOSE ................................................................................................................................................. 57
DEVELOPMENT PERMIT NOT REQUIRED .................................................................................................... 57
PERMITTED USES ..................................................................................................................................... 57
DISCRETIONARY USES .............................................................................................................................. 58
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REGULATIONS .......................................................................................................................................... 59
ADDITIONAL REQUIREMENTS ................................................................................................................... 59
17 HR - HAMLET RESIDENTIAL DISTRICT ..................................................................... 60
PURPOSE ................................................................................................................................................. 60
DEVELOPMENT PERMIT NOT REQUIRED .................................................................................................... 60
PERMITTED USES ..................................................................................................................................... 60
DISCRETIONARY USES .............................................................................................................................. 60
REGULATIONS .......................................................................................................................................... 61
ADDITIONAL REQUIREMENTS ................................................................................................................... 63
18 HB - HAMLET BUSINESS DISTRICT .......................................................................... 64
PURPOSE ................................................................................................................................................. 64
DEVELOPMENT PERMIT NOT REQUIRED .................................................................................................... 64
PERMITTED USES ..................................................................................................................................... 64
DISCRETIONARY USES .............................................................................................................................. 65
REGULATIONS .......................................................................................................................................... 66
19 HF - HAMLET FRINGE DISTRICT ............................................................................. 67
PURPOSE ................................................................................................................................................. 67
DEVELOPMENT PERMIT NOT REQUIRED .................................................................................................... 67
PERMITTED USES ..................................................................................................................................... 67
DISCRETIONARY USES .............................................................................................................................. 67
REGULATIONS .......................................................................................................................................... 68
20 DEFINITIONS ........................................................................................................ 69
21 LAND USE DISTRICTS MAP ..................................................................................... 94
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PART A - THE APPROVALS PROCESS
1 ADMINISTRATION
TITLE
The title of this Bylaw shall be the 'Municipal District of Acadia Land Use Bylaw' ('M.D. of
Acadia LUB').
PURPOSE
The purpose of this Bylaw is to direct the orderly, economic, and beneficial development
and use of land within the M.D. of Acadia, in accordance with the vision of the M.D. of
Acadia Municipal Development Plan (MDP). 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
This Bylaw shall apply to the whole of the M.D. of Acadia being all lands and buildings
contained within its corporate limits.
No person shall commence any development within the M.D. of Acadia except in
conformity with this Bylaw.
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.
No development shall be undertaken within the M.D. of Acadia unless an application for it
has been approved and a development permit has been issued, except for those items
listed in Section 3.
EFFECTIVE DATE AND TRANSITION
The M.D. of Acadia Land Use Bylaw No. 2012-727, 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
upon third reading.
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 M.D. of Acadia's Land Use Bylaw No. 2012-727, as amended.
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OTHER LEGISLATIVE REQUIREMENTS
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.
The M.D. of Acadia is not responsible for, nor does the M.D. of Acadia 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
Non-conforming buildings and non-conforming uses shall be treated in accordance with
the Act, and any amendments thereto.
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.
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
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.
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2 RULES OF INTERPRETATION
Where a word is used in the singular, such a word may also mean plural.
Where a masculine or impersonal pronoun or adjective is used, such a word may also mean
the feminine or impersonal pronoun or adjective.
Where a word is used in the present tense, such a word may also mean the future tense.
The word "person" includes a corporation as well as an individual.
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.
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.
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.
For ease of reference:
(a) words that are Capitalized and Bold denote uses defined in Part F Definitions;
(b) words that are italicized and bold denote general terms defined in Part F Definitions;
(c) words that are italicized reference federal or provincial legislation or regulations
thereunder; and
(d) all other words must be given then plain and ordinary meaning as the context requires.
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)
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3 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
This Section does not negate the requirement of obtaining all required permits, as
applicable, under the Safety Codes Act or any other provincial or federal statute.
The following developments shall not require a development permit:
(a) any use or development exempted under section 618(1) of the Act;
(b) any use or development exempted by the Lieutenant Governor in Council pursuant to
section 618(4) of the Act;
(c) Telecommunication Structures (refer to the M.D. of Acadia Telecommunication
Structures Policy under separate cover regarding the issuance of letters of
concurrence or non-concurrence);
(d) the completion and use of a building which was lawfully under construction at the
date this Bylaw came into effect provided the building is completed in accordance with
the terms and conditions of any development permit(s) granted;
(e) the completion of a building that did not require a development permit under the
previous Land Use Bylaw and which was lawfully under construction provided the
building is completed within twelve (12) months from the date this Bylaw came into
effect;
(f) an official notice, Sign, placard or bulletin required to be displayed pursuant to
provisions of federal, provincial or municipal legislation;
(g) the use of a building or part thereof for a federal, provincial, or municipal election,
referendum or plebiscite.
(h) Irrigation works as defined in Irrigation Districts Act.
(i) Pipelines and ancillary facilities as defined in the Pipelines Act. Any new facilities
adjacent to a public road shall have prior approval of Council.
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.):
(a) a Day Home;
(a) a Home Occupation - Phone & Desk;
(b) a Home Occupation - Minor in the following Districts:
i.
AG -Agricultural General;
ii.
CR - Country Residential;
iii.
CS - Community Service;
iv.
RI - Rural Industrial; and
v.
HF - Hamlet Fringe;
(c) 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
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this Land Use Bylaw, or
ii.
do not change the use or the intensity of use of the structure or building;
(d) 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;
(e) 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;
(f) 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
M.D. of Acadia;
(g) landscaping that was not required as part of a valid development permit;
(h) the construction of a patio or deck;
(i) the erection, construction or maintenance of gates, fences, walls, or other means of
enclosure in accordance with this Bylaw (see Section 9.10 - Fences and Hedges);
(j) In Hamlets, the construction or replacement of one (1) Accessory Building per parcel,
which does not exceed 9.3 m2 (100 ft2) in floor area and is less than 2.5 m (8 ft.) in
height; (See Section 10.1 - Accessory Buildings, Structures, and Uses);
(k) In the AG - Agricultural District, the construction or replacement of an Accessory
Building or Accessory Structure provided the building or structure is only used to
support normal agricultural operations of the parcel (examples: barns, sheds,
quonsets, granaries);
(l) A temporary Shipping Container in accordance with Subsection 10.2;
(m) the construction, maintenance and repair of private walkways, pathways, driveways,
and similar works;
(n) demolition of a building (a building permit is required);
(o) Renewable Energy Systems;
(p) the installation of a Sign that:
i.
is located inside a building and is not visible from the exterior;
ii.
states the municipal address, owner or name of the building, to a
maximum sign area of 0.2 m2 (2.2 ft2) for a residential use and 0.5 m2 (5.4
ft2) for a non-residential use;
iii.
is for the purpose of warning or direction;
iv.
relates to an approved Home Occupation or Bed and Breakfast
Establishment, and meets the requirements of Section 10 - Specific Use
Regulations;
v.
relates to a political campaign for municipal, school board, regional health
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authority, provincial or federal elections;
vi.
indicates "open", "closed", "vacancy" or "no vacancy" with a maximum
sign area of 0.5 m2 (5.4 ft2) per non-residential use;
vii.
is located in a window with a maximum sign area of 0.3 m2 (3.2 ft2)
stating the opening and closing hours of a non-residential use; or
viii.
is a temporary Sign that relates to a real estate sale or lease not
exceeding 0.55 m2 (6 ft2) in sign area and not more than 1.8 m (6 ft.) in
height, provided the Sign is removed immediately following the sale or
lease;
ix.
is a temporary Sign that relates to a temporary event, provided the Sign
is removed immediately following the event; and
(q) Extensive Agriculture.
4 ADMINISTRATIVE AGENCIES
DEVELOPMENT APPROVAL AUTHORITIES
The Development Authority shall exercise powers and perform duties on behalf of the
M.D. of Acadia in accordance with the Act.
The Development Authority is:
(a) the Development Officer while carrying out his or her functions or duties under this
Bylaw and/or the Act;
(b) the Municipal Planning Commission while exercising development powers or duties
under this Bylaw and/or the Act; or
(c) where the context of this Bylaw permits in Direct Control Districts, the Council.
Development Officer
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
In accordance with the Act, the Municipal Planning Commission, shall perform such duties
as specified in this Bylaw.
DEVELOPMENT AUTHORITY - POWERS AND DUTIES
The Development Authority must administer all development permit applications in
accordance with this Bylaw and decide upon all development permit applications.
The Development Authority must refuse to accept a development permit application
where the prescribed fee for a development permit has not been paid.
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The Development Authority may refuse to accept or refuse to deem complete a
development permit application where:
(a) the information required by this Bylaw is not provided; or
(b) the quality is inadequate to properly evaluate the application.
The Development Authority must make available for inspection, during office hours, all
applications and decisions for development permits, subject to any legislation in force.
The Development Authority must collect fees according to the schedule approved by
Council.
The types of development permit applications a Development Authority may consider are
a development permit for:
(a) a permitted use that complies with all requirements of this Bylaw;
(b) a permitted use that does not comply with all requirements of this Bylaw;
(c) a discretionary use that complies with requirements of this Bylaw; and
(d) a discretionary use that does not comply with all requirements of this Bylaw.
The Development Authority must issue the following notices and acknowledgements on
development permit applications:
(a) notice of complete application;
(b) notice of incomplete application;
(c) notice of decision; and
(d) notice of refusal/deemed refusal of an application.
Development Officer
The Development Officer shall:
(a) 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; and
(b) 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
The Municipal Planning Commission:
(a) shall decide on an application for those uses listed as discretionary uses; and
(b) shall decide on all applications for those uses listed as permitted uses and requires a
relaxation of any measurable standard in accordance with Subsection 4.3.3.
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VARIANCE POWERS OF THE DEVELOPMENT AUTHORITY
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:
(a) the proposed development would not unduly interfere with the amenities of the
neighbourhood or materially interfere with or affect the use, enjoyment or value of
neighbouring properties; and
(b) the proposed development conforms with a use prescribed by this Bylaw for that land
or building.
Development Officer
The Development Officer, at its discretion, may relax the development standards up to 10%
of that requirement or may defer a decision on a variance request to the Municipal
Planning Commission.
Municipal Planning Commission
The Municipal Planning Commission, at its discretion, may relax any development
standard. The test for relaxation shall include the following criteria:
(a) The proposed development would not unduly interfere with the amenities of the
neighbourhood or materially interfere with or affect the use, enjoyment or value of
neighbouring properties;
(b) The proposed development conforms with a use prescribed by this Bylaw for that land
or building;
(c) Conformance to the purpose and intent of the applicable Land Use District;
(d) Whether granting the relaxation would make the proposed development incompatible
with existing development or uses; and
(e) Taking into consideration the future land uses of the parcel and surrounding area as
depicted in any adopted statutory plan or policy affecting the site.
SUBDIVISION AUTHORITY
The Subdivision Authority, as established under a separate bylaw, shall perform duties on
behalf of the municipality in accordance with the Act, the Land Use Bylaw and all relevant
M.D. of Acadia planning documents.
SUBDIVISION AUTHORITY - POWERS AND DUTIES
The Subdivision Authority must administer all subdivision applications in accordance with
this Bylaw and decide upon all subdivision applications.
The Subdivision Authority must refuse to accept a subdivision application where the
prescribed fee for a subdivision application has not been paid.
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The Subdivision Authority may refuse to deem complete a subdivision application where:
(a) the information required is not provided; and/or
(b) the quality is inadequate to properly evaluate the application.
The Subdivision Authority shall:
(a) 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;
(b) keep a register of all applications for subdivision, including the decisions therein and
the reasons therefore;
(c) 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;
(d) issue the following notices and acknowledgements on subdivision applications:
i.
notice of complete application;
i.
notice of incomplete application;
ii.
notice of decision; and
iii.
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;
(e) refer applications for comments to Palliser Regional Municipal Services;
(f) excepting subdivision applications not requiring circulation under the Act, to 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;
(g) prepare, sign and transmit all notices of decision to the relevant agencies in
accordance with the Regulation;
(h) ensure all conditions are complied with prior to endorsement to the satisfaction of the
municipality;
(i) endorse Land Titles instruments to effect the registration of the subdivision of land;
and
(j) plan or policy affecting the site.
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5 DEVELOPMENT APPLICATION AND APPROVAL PROCESS
APPLICATION REQUIREMENTS
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:
(a) authorization of the registered landowner;
(b) current copy of Certificate of Title, and copies of any restrictive covenants, utility
rights-of-way, easements, or M.D. of Acadia caveats registered on the Title(s);
(c) 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;
(d) statement of existing and proposed Utility services (i.e. on-site or municipal);
(e) statement of the current and proposed use of the lands;
(f) the estimated dates of commencement and completion; and
(g) the presence of abandoned oil and gas wells in accordance with the Regulation.
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:
(a) floor plans, elevations and section drawings;
(b) written rationale supporting any requested variances;
(c) samples or representations of exterior building finishing materials and colors;
(d) stormwater management, grading or landscaping plans, prepared by a qualified
professional;
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(e) 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;
(f) 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;
(g) 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;
(h) where a proposal is considered to have a significant environmental impact, the
Development Authority may request the applicant to have an environmental
evaluation or report (e.g., Biophysical Impact Assessment) prepared and submitted or
undertake its own environmental evaluation regarding the proposed development, at
the cost of the applicant; and
(i) a construction management plan.
For an application for an industrial development, the development permit application shall
contain the following information:
(a) the type and nature of the industry;
(b) the estimated number of employees;
(c) the estimated water demand and source;
(d) the type of effluent and method of treatment;
(e) transportation routes to be used; and
(f) any accessory works required.
Notwithstanding Subsections 5.1.1 and 5.1.2 and 5.1.3, at the discretion of the
Development Authority, additional information, plans or reports may be required to
adequately render a decision on an application.
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
Within the timeframe specified in the Act, a Notice of Complete Application or Notice of
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.
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REVIEW PERIOD
The Development Authority must make a decision on a development permit Application
within forty (40) days.
The 40-day review period commences once the Notice of Complete Application is provided
to the applicant.
Notwithstanding 5.3.1, in accordance with the Act, the applicant may enter into a written
agreement with the Development Authority to extend the review period.
REFERRAL
Once a development permit application for a use listed as a discretionary use or that
requires a relaxation has been deemed complete, the Development Authority may at their
discretion provide a notice of application and request for comment to all adjacent
landowners, or a greater circulation area, if potential for conflict is deemed to be probable.
The Development Authority may refer an application for a development permit, to any
agency or authority it deems necessary.
Applications for development permits on parcels within an area covered by the Municipal
District of Acadia No. 34 and Special Areas Intermunicipal Development Plan (IDP) shall be
referred for comment in accordance with the requirements of the IDP.
The Development Authority may refer an application for a development permit for
comment to the Palliser Regional Municipal Services.
Having received a reply from a referral on an application, the Development Authority shall
make a decision in accordance with Section 5.5 - Decision Process, giving due
consideration to the comments received.
After the time period identified in the circulation notice from the date of referral, the
application may be dealt with by the Development Authority in accordance with Section
5.5 - Decision Process, whether or not comments have been received.
DECISION PROCESS
Permitted Use Permits That Meet All Requirements
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
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:
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(a) refuse to approve the development permit application; or
(a) 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.
The Development Authority may, as a condition of approving a development permit for a
discretionary use or a permitted use that does not comply with all of the applicable
requirements and rules of this Bylaw place conditions on the permit to address potential
impacts from the development.
Discretionary Use Permits
When making a decision on a development permit for a discretionary use, the
Development Authority must take into account:
(a) any plans and policies affecting the parcel;
(b) the purpose statements in the applicable Land Use District;
(c) the appropriateness of the location and parcel for the proposed use;
(d) the compatibility and impact of the proposed development with respect to adjacent
parcels and the neighbourhood;
(e) the merits of the proposed development;
(f) the utility servicing requirements;
(g) access, parking and transportation requirements;
(h) potential environmental impacts;
(i) vehicle and pedestrian circulation within the parcel;
(j) the impact on the public transportation system; and
(k) sound planning principles.
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:
(a) limiting hours of operation;
(b) limiting number of patrons;
(c) establishing landscaping requirements;
(d) requiring noise attenuation;
(e) mitigating environmental impacts;
(f) requiring special provisions be made for parking;
(g) regarding the location, character and appearance of a building;
(h) 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;
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(i) establishing the period of time during which a development may continue; and
(j) ensuring the development is compatible with surrounding uses.
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
The Development Authority must refuse a development permit application when the
proposed development:
(a) is for a use that is not listed as either a permitted use or discretionary use in the Land
Use District; or
(b) is for a use containing a restriction in its definition that is not met by the proposed use.
Similar Use Permits
In the case where a proposed specific use of land or a building is not provided for in any
District in the Bylaw, the Development Authority 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
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.
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.
NOTICE OF DECISION AND ISSUANCE OF DEVELOPMENT PERMITS
When a development permit is approved for a permitted use the Development Authority:
(a) shall provide a Notice of Decision to the applicant; and
(b) may post the decision on the M.D. of Acadia's website.
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.
When a development permit is approved for a discretionary use or for a permitted use in
which a variance/ relaxation has been granted, the Development Authority shall:
(a) provide a Notice of Decision to the applicant;
(b) immediately mail a notice in writing to all owners of land adjacent to the subject
parcel; and
(c) issue a development permit:
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i.
after the appeal period required by the Act has expired; and
ii.
the applicant has met/ executed all prior to release conditions listed on
the Notice of Decision
When a development permit is approved, the Development Authority may, in addition to
those methods of notice provided in Subsection 5.6.3, complete any of the following:
(a) publish the Notice of Decision on the M.D. of Acadia's website;
(b) publish the notice of the decision in a local newspaper; or
(c) post a notice of the decision conspicuously on the parcel the development permit has
been issued, for a period of not less than twenty-one (21) days.
A development permit approved pursuant to Subsection 5.6.3 does not come into effect
until the development permit has been issued. Any development proceeded with by the
applicant prior to the issuance of the development permit is done solely at the risk of the
applicant.
Where an appeal is made pursuant to Section 6 - 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, modified or nullified
thereby.
The notices indicated in Subsections 5.6.1, 5.6.3, 5.6.4 and 5.6.8 must state:
(a) the legal description and the street address of the parcel of the proposed
development;
(b) the uses proposed for the subject development;
(c) 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;
(d) the date the development permit was approved; and
(e) how an appeal may be made to the Appeal Body and the deadline for such appeal.
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.
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:
(a) where the development permit was issued on the basis of incorrect information, fraud,
non-disclosure, or misrepresentation on the part of the applicant; or
(b) where the development permit was issued in error.
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CONDITIONS OF APPROVAL
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.
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.
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
M.D. of Acadia to do any or all of the following:
(a) to construct or pay for the construction of a road required to give access to the
development;
(b) to construct or pay for the construction of:
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;
(c) 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;
(d) to construct or pay for the construction of:
i.
off-street or other parking facilities, and
ii.
loading and unloading facilities;
(e) to pay an off-site levy or redevelopment levy imposed by bylaw; and
(f) to give security to ensure that the terms of the agreement under this section are
carried out.
The M.D. of Acadia may register a caveat pursuant to the provisions of the Act and the
Land Titles Act in respect of an agreement under Subsection 5.7.3 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.
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, and/or development phasing requirements.
Where a development permit has been granted and as a condition of approval, the
applicant shall be required to provide a cash security, in the sum outlined in current Fees
and Services Bylaw Schedule A, to ensure the completion of any repairs to municipal
property. The M.D. may draw on this security to cover the costs of any repairs to M.D.
property in the event the applicant fails to complete the repairs within thirty (30) days of
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being notified by the M.D. of the damages.
COMMENCEMENT AND COMPLETION OF DEVELOPMENT
Development Commencement
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.
If the development authorized by a development permit is not completed within three (3)
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.
For the purposes of this Bylaw, commencement includes excavation, does not include
fencing, or demolition on the parcel, or obtaining permits.
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.
Development Extension Requests
Notwithstanding Subsections 5.8.1 and 5.8.4 above, an applicant can make an extension
request to the prescribed time periods for commencement and completion of development
by submitting a written request to the Development Authority.
An applicant making an extension request pursuant to Subsection 5.8.5 above must provide
reasons for the request.
The Development Authority is not obligated to approve an extension request.
DIRECT CONTROL DISTRICTS AND PERMITS
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.
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.
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.
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
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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.
Direct Control Bylaws that were passed pursuant to previous Land Use Bylaws and are
denoted on the Land Use District Maps:
(a) are hereby incorporated into and form part of this Bylaw as if repeated herein at
length; and
(b) notwithstanding the definitions contained in this Bylaw, each Direct Control Bylaw
must assume only those meanings for the terms contained therein that were intended
at the date of the original passage.
6 APPEALS
DEVELOPMENT APPEALS
Appeals in respect of decisions on development permit applications are governed by the
Act.
Where the Development Authority:
(a) refuses or fails to render a decision on an application for a development permit; or
(b) approves an application for a development; or
(c) 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.
SUBDIVISION APPEALS
Appeals in respect of decisions on subdivision applications are governed by the Act and the
Regulation.
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7 BYLAW AMENDMENT PROCESS
APPLICATION TO AMEND THE LAND USE BYLAW
Council may at any time initiate an amendment to this Bylaw.
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 a parcel changed through
an amendment to this Bylaw.
All applications for amendments of this Bylaw shall be made using the approved form,
accompanied by:
(a) the prescribed fee;
(b) a statement of the applicant's interest in the land;
(c) a title search for the land affected or other documents satisfactory to the M.D. of
Acadia that supports the applicant's interest in the said land;
(d) any drawings, plans or maps required by the M.D. of Acadia; and
(e) any other documents as required by the M.D. of Acadia.
Once deemed complete, an application to amend this Bylaw shall be brought before
Council within sixty (60) days.
Notwithstanding Subsection 7.1.3(a), Council may return the prescribed fee, if Council has
determined the amendment serves the public interest.
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.
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:
(a) Palliser Regional Municipal Services;
(b) The Special Areas Board if, the proposed amendment:
i.
affects land on the boundary with the Special Areas Board; or
ii.
may otherwise have an effect on the Special Areas Board; or
(c) such other persons or agencies as it considers necessary for comment.
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
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.
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.
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.
A Designated Officer may enforce the provisions of the Bylaw, or the conditions of a
development permit pursuant to the Act.
Nothing in this Bylaw diminishes or in any way affects the rights of the M.D. of Acadia
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
Pursuant to the Act, an authorized person may only enter land or a building for the
purpose of ensuring compliance with the Act and the Regulation, or this Bylaw if:
(a) the owner or person in possession of it gives his consent to the entry; or
(b) the entry is authorized by an Order of the Court of Queen's Bench; and
(c) only for the purpose of ensuring compliance with the Act and the Regulation, or this
Bylaw.
The Designated Officer, or such other person appointed by resolution of Council, is
designated as the "authorized person".
ORDERS
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:
(a) stop the development or use of the land or buildings in whole or in part as directed by
the notice; or
(b) demolish, remove or replace the development; or
(c) carry out any other actions required by the notice so that the development or use
complies with the Bylaw.
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A person who receives an order referred to in Subsection 8.3.1 above may appeal to the
Appeal Body in accordance with Section 6 - Appeals of this Bylaw.
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:
(a) is deemed for all purposes to be a tax imposed under the Act from the date it was
added to the tax roll; and
(b) it forms a special lien against the parcel of land in favour of the M.D. of Acadia from
the date it was added to the tax roll.
VIOLATION TAGS AND PENALTIES
The Designated Officer may issue a violation tag to any person who commits an offense.
The violation tag shall specify the alleged offence committed by the person to whom the
violation tag is issued and require voluntary payment.
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 defendant's place of
residence with a person on the premises who appears to be at least 18 years of age, or by
mailing a copy to such person at their last known address.
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.
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 M.D.
of Acadia the minimum penalty specified in Table 1: Minimum Specified Penalties. If no
penalty is specified in Table 1: Minimum Specified Penalties for the particular offence, the
minimum specified penalty shall be $500.00.
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
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Failure to comply with any other regulation
or standard of the Bylaw
$250
$500
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
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.
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.
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
This Section of the Bylaw contains general regulations for developments and subdivisions.
QUICK LINKS
Click on the links below to jump to each section:
9.1
Applicability
9.2
Design, Character, and
Appearance
9.3
Dwelling Units on a Parcel
9.4
Object Prohibited or Restricted in
Residential Districts
9.5
Screening
9.6
Utility Services and Infrastructure
9.7
Site Grading and Drainage
9.8
Relocation of Buildings
9.9
Yard Setbacks and Permitted
Projections
9.10
Fences and Hedges
9.11
Corner Lots and Reverse Corner
Lots
9.12
Parking and Loading
9.13
Vehicle Entrances and Exists
9.14
Slope Stability and Flood Hazard
9.15
Landscaping
9.16
Subdivision
9.17
Multi-Lot Subdivision
9.18
Residential Development
9.19
Rural Commercial Development
9.20
Industrial Development
APPLICABILITY
These regulations within Section 9 - General Land Use Regulations, shall apply to all
developments within the M.D. of Acadia, unless otherwise exempted.
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
The design, use of materials, construction, character, location and appearance on the
parcel of any development, structure 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.
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DWELLING UNITS ON A PARCEL
No person shall construct or locate more than one Dwelling Unit on a parcel unless it is
otherwise permitted in this Land Use Bylaw.
OBJECTS PROHIBITED OR RESTRICTED IN RESIDENTIAL DISTRICTS
No person shall keep or permit in any part of a yard on a parcel in a residential district or a
parcel with a residential use:
(a) any derelict vehicle for more than 14 days;
(b) a vehicle of more than 4536 kg (1000 lbs.) gross vehicle weight (GVW) and/or a length
of 6.5 m (21 ft.), excepting recreational vehicles or vehicles approved in conjunction
with a Home Occupation - Major; and
(c) any object or chattel, which, in the opinion of the Development Authority is unsightly
or tends to adversely affect the amenities of the neighbourhood.
SCREENING
For commercial, industrial, institutional, recreational, and Apartment developments,
garbage and waste material must be stored in weatherproof and animal proof containers.
Garbage and waste material storage must be screened from public roads, excluding lanes.
Commercial and industrial developments abutting a residential district or a parcel with a
residential use shall be screened from view on an interior side parcel line or rear parcel
line, to the satisfaction of the Development Authority.
Parking areas abutting a residential district or parcel with a residential use shall be
screened from view to the satisfaction of the Development Authority.
Where permitted, outdoor storage areas of commercial and industrial materials and
equipment shall be screened from adjacent parcels and public roads.
On corner lots within the corner visibility setback, screening shall be a maximum of 1.0 m
(3.3 ft.) in height above grade to ensure public safety and/or good visibility for traffic and
pedestrian purposes.
UTILITY SERVICES AND INFRASTRUCTURE
Prior to approving a development permit, 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.
A development shall not be permitted if the development is not served by:
(a) the municipal sewer and water system; or
(b) at the discretion of the Development Authority, a provincially approved private
system.
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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.
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.
Stormwater run-off shall be contained on-site or disposed of in a manner acceptable to the
M.D. of Acadia and/or as required in a stormwater management report prepared by a
qualified professional.
SITE GRADING AND DRAINAGE
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.
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
on a parcel, swale grades shall be maintained, and the swale shall be kept free of any
obstructions.
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
Notwithstanding Section 3 - Development Not Requiring a Development Permit, a
development permit shall be required for the relocation of any building to any parcel in
the M.D. of Acadia.
A development permit for the relocation of a building may include conditions of approval
that:
(a) 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;
(b) the building is compatible with the character of the neighbourhood in which the
building is to be relocated to; and
(c) the building be renovated to a satisfactory condition within a specified time.
YARD SETBACKS AND PERMITTED PROJECTIONS
In all districts, the minimum yard setbacks do not apply to:
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(a) construction wholly beneath the surface of the ground;
(b) driveways, parking stalls, and sidewalks;
(c) fences and retaining walls; and
(d) landscaping.
Where a building or buildings on the parcel are divided by condominium or subdivision
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
Residential building projections specified in Table 2: Permitted Projections into Residential
Yard Setbacks shall not require a variance. These projections are graphically represented
below in Figure 1: Permitted Projections into Residential Yard Setbacks.
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Figure 1: Permitted Projections into Residential Yard Setbacks
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Table 2: Permitted Projections into Residential Yard Setbacks
Front Yard Maximum
Projections
Side Yard Maximum
Projections
Rear Yard Maximum
Projections
Building Element
m
ft
m
ft
m
ft
Eaves
1.5
5
One half of the required
minimum side yard
setback for the
development.
1.5
5
Bay window
1.5
5
1.5
5
Shade
protection
1.5
5
1.5
5
Chimney
1.5
5
1.5
5
Balcony
1.5
5
1.5
5
Uncovered
decks
1.5
5
1.5
5
Unenclosed
stairways/
landings
greater than
0.6m (2ft.)
above grade
1.5
5
1.5
5
Unenclosed
stairways/
landings less
than 0.6m (2ft.)
above grade
2.5
8
2.5
8
2.5
8
FENCES AND HEDGES
In Hamlets:
(a) side and rear yards of non-residential developments that are adjacent to a residential
district or a parcel with a residential use, whether or not there is an intervening public
roadway, shall be fenced or screened with landscaping to a minimum height of 2.0 m
(6 ft.), to the satisfaction of the Development Authority.
(b) the maximum height above grade of a fence located within a yard shall be in
accordance with Table 3: Maximum Fence Height in a Residential Yard:
Table 3: Maximum Fence Height in a Residential Yard
Yard
Maximum Fence Height
From Grade
Rear
2.0 m
6 ft
Interior side
2.0 m
6 ft
Front
1.0 m
3 ft
Exterior Side
1.0 m
3 ft
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(c) on corner lots within the corner visibility setback, hedges and trees shall be planted
and trimmed to a maximum of 1.0 m (3 ft.) in height to ensure public safety and/or
good visibility for traffic and pedestrian purposes.
(d) materials used to construct fences may be wood, brick, stone or concrete, or metal and
shall be aesthetically acceptable and in general conformity with adjacent
development.
In rural areas shelterbelts and fences of at least 2 m (6 ft.) in height shall be setback from
rural municipal roads a minimum of 32 m (100 ft.), in accordance with Section 9.13 -
Vehicle Entrances and Exits.
CORNER LOTS AND REVERSE CORNER LOTS
The parcel lines and yards of corner lots shall be determined by the following (Figure 2:
Corner Lot and Reverse Corner Lot):
(a) the front parcel line of a corner lot is the shortest property line abutting a road;
(b) the exterior side parcel line of a corner lot is the longest property line abutting a
road;
(c) the interior side parcel line of a corner lot is the longest property line abutting a
parcel; and
(d) the rear parcel line of a corner lot is the shortest property line abutting a parcel or
lane.
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).
The Development Authority shall determine the front, rear and side yards of a reverse
corner lot by taking into account:
(a) the general pattern and location of existing buildings on adjacent parcels;
(b) the size and geometry of the corner lot;
(c) the ability to create sufficient privacy on the parcel and privacy for adjacent parcels;
(d) ensuring safe traffic movement at the intersection, considering the primary flow of
traffic and access to the parcel; and
(e) the general aesthetics, considering the location and height of fencing and hedges.
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.
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PARKING AND LOADING
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.
Developments containing or providing for more than one use shall provide parking stalls
equal to the sum of the requirements for the individual uses.
All parking stalls and loading stalls required by this Bylaw shall be located on the same
parcel as the development except where the provisions within a Land Use District allow for
shared parking strategies.
Where the Development Authority is satisfied that parking stalls can be shared by off-peak
uses or due to other daily, weekly or seasonal differences, parking stall requirements may
Figure 2: Corner Lot and Reverse Corner Lot
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be reduced at the discretion of the Development Authority without the requirement for a
variance.
Shared parking between two (2) parcels may be approved where:
(a) the alternate parking area is located within 150 m (492 ft.) of the parcel; and
(b) a binding agreement for shared parking is executed between the owner of the parcel
in which the parking area is provided and the owner of the parcel in which the parking
area is required; and
(c) the agreement is registered on the Title of the parcel providing the shared parking.
Parking stalls shall be provided in accordance with Table 4: Minimum Residential Parking
Requirements and Table 5: Minimum Non-Residential Parking Requirements, and:
(a) 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;
(b) 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
(c) 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 4: Minimum Residential Parking Requirements
RESIDENTIAL USES
PARKING STALLS REQUIRED
Dwelling, Detached
Dwelling, Manufactured
Dwelling, Duplex
2 per Dwelling Unit
Accessory Dwelling Unit, Attached
Accessory Dwelling Unit, Detached
1 additional parking stall per Dwelling Unit
Dwelling, Tiny Home
1 per Dwelling Unit
Apartment
Attached Housing
Manufactured Home Park
One bedroom: 1 per Dwelling Unit
Two or more bedrooms: 2 per Dwelling Unit
plus 1 visitor parking stall per 2 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
1 additional parking stall and an additional
parking stall for each commercial vehicle
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Table 5: Minimum Non-Residential Parking Requirements
NON-RESIDENTIAL USES
PARKING STALLS
REQUIRED
Automotive Sales
Cannabis Production Facility
Contractor Services, Major
Hospital
Kennel
Storage Yard
Truck and Freight Terminal
Wrecker and Salvage
1 per 93 m2
(1000 ft2) of
gross floor area
Agricultural Supply Depot
Artist Studio
Auction Facility
Auto Body Shop
Automotive Repair and Service
Building Supply Centre
Bulk Fuel Station
Cannabis Retail Store
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
Veterinary Clinic
Warehousing and Distribution
2 per 93 m2
(1000 ft2) of
gross floor area
Amusement Centre
Clinic
Cultural Establishment
Financial Institution
Gas Bar and Service Station
Office
Retail Store
Wholesale Outlet
3 per 93 m2
(1000 ft2) of
gross floor area
Drinking Establishment
Eating and Drinking Establishment
1 per 3 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
Natural Resource Extraction
Recycling Depot
At the
discretion of the
Development
Authority
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Self-Storage Facility
1 per 2 self-
storage units
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
required.
Stall Design and Dimensions
Parking stalls and loading stalls shall be designed and constructed, to the satisfaction of
the Development Authority:
(a) to be contained entirely on the parcel and not cause interference with pedestrian or
vehicular movements on adjacent parcels, roads or sidewalks; and
(b) with the appropriate curbs, curb cuts or wheel stops where required.
All parking stalls and loading stalls shall have direct access to a public road or
maneuvering aisle with adequate access to a public road.
Parking stalls and loading stalls must not be provided as tandem parking unless otherwise
allowed in this Bylaw.
Parking areas shall be designed in accordance with the dimensions stated in Table 6:
Minimum Parking Stall an 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 6: 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
2.6
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
Loading stalls shall be designed in accordance with the following:
(a) a minimum of 3.5 m (11.5 ft.) wide and 10.0 m (33 ft.) in length, and no less than 4.3 m
(14.1 ft.) overhead clearance; and
(b) 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.
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VEHICLE ENTRANCES AND EXITS
In Hamlets, vehicle entrances and exits shall be located at least 6.0 m (20 ft.) from the
corner along a property line at the intersection of two (2) or more roads.
All vehicle entrances and exits onto a highway shall be approved by the Provincial highway
authority, or as approved within an Area Structure Plan (ASP).
The Development Authority may require that entrances and exists for vehicles be separate,
one-directional, and/or adequately signed.
For all rural municipal roads:
(a) All development and accesses shall abide with the setbacks shown in Figure 3: Setback
Distances and Access Restrictions on Rural Roads and Figure 4: Development
Restrictions Near Roads with a Radius of Curvature less than 850 m (2800 ft.), unless
otherwise approved by the Development Authority.
(b) Access points adjacent to blind corners, hills, bridges, railway crossings or any other
obstructions shall be sited as to provide an unobstructed view in either direction of
100 m (328 ft.) on rural municipal roads.
(c) The Development Authority and/or Subdivision Authority shall not approve more than
two (2) vehicle access points per 800 m (0.5 mile) and may require joint accesses.
To ensure future subdivision and development applications will be compliant with this Land
Use Bylaw, prior to rendering a decision on an application for development adjacent to a
rural municipal road or provincial highway, the Development Authority or Subdivision
Authority, whichever is applicable, may require at their discretion:
(a) the dedication of a road allowance;
(b) the submission of a statutory plan, such as an Area Structure Plan or Area
Redevelopment Plan;
(c) the submission of a non-statutory plan, such as a Concept Plan; and/or
(d) the submission of a Master Site Plan.
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Figure 3: Setback Distances and Access Restriction on Rural Roads
"A"
Shelterbelts and fences of at least 2m (6ft) in height shall be setback a minimum of
32m (100ft.) from the road right-of-way.
"B"
No development (i.e., buildings, fences, trees, shelterbelts, corrals, dugouts, septic
systems, etc.) or similar obstructions to visibility more than 1.0m (3.3 ft.) above road
grade shall be located within 100m (328ft.) of an intersection or blind corner
"C"
No vehicle access shall be permitted within 100m (328ft.) of an intersection or blind
corner.
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Figure 4: Development restrictions near roads with a radius of curvature less than 850m (2800ft.)
"A"
Shelterbelts and fences of at least 2m (6ft) in height shall be setback a minimum of
32m (100ft.) from the road right-of-way.
"B"
No development (i.e., buildings, fences, trees, shelterbelts, corrals, dugouts, septic
systems, etc.) or similar obstructions to visibility more than 1.0m (3.3 ft.) above road
grade shall be located within 90m (300ft.) of an intersection or blind corner
"C"
No vehicle access shall be permitted within 90m (300ft.) of an intersection or blind
corner.
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SLOPE STABILITY AND FLOOD HAZARD
DEVELOPMENT AT TOE OF SLOPE
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 (10 ft.) and a width at least 15.0 m (49.2 ft.)
wide, in accordance with the following.
(a) Where the slope is less than 33% or lower than 27.4 m (90 ft.), the minimum setback is
9.1 m (30 ft.).
(b) Where the slope is steeper than 33% and higher than 27.4 m (90 ft.), the minimum
setback is one-third the height of the slope measured from the point where the slope
begins to rise steeper than 33%.
Figure 5 : Development on slopes.
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DEVELOPMENT AT TOP OF SLOPE
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 (10 ft.) and a width at least 15.0 m (49.2 ft.)
wide, in accordance with the following.
(a) Where the average height of the slope is less than 15.4 m (50.5 ft.), the minimum
setback is 22.8 m (75 ft.).
(b) Where the average height of the slope is between 15.5 m (50.9 ft.) and 30.5 m (100
ft.), the minimum setback is 45.7 m (150 ft.).
(c) Where the average height of the slope is more than 30.5 m (100 ft.), the minimum
setback is 61.0 m (200ft.) or the height of the slope, whichever is greater.
Development on a slope above 33% with a vertical height greater than 3.0 m (10 ft.) is not
permitted.
FLOOD HAZARD
Where the Development Authority suspects a flood hazard may exist, but no floodway or
flood fringe have been identified, the Development Authority may require the applicant to
undertake technical studies with the services of a qualified professional to delineate the
floodway and flood fringe of the design flood.
FLOODWAY
The following applies to lands identified in a technical study undertaken in accordance with
Subsection 9.14.4:
Except for Utilities, no new buildings or outdoor storage shall be allowed in the floodway.
Excepting flood mitigation infrastructure, no alterations shall be made to a floodway.
No structures shall be constructed on, in, or under a floodway, unless, in the opinion of the
Development Authority, there will be no obstruction to floodwaters and no detrimental
effect on the hydrological system or water quality, including the natural interface of the
riparian and aquatic habitat. Such structures include, but are not limited to, riprap, berms,
fences, walls, gates, patios, docks or decks.
FLOOD FRINGE
The following applies to lands identified in a technical study undertaken in accordance with
Subsection 9.14.4:
All electrical, heating, air conditioning and other mechanical equipment shall be located at
or above the design flood level.
All buildings shall be designed and constructed with the ground floor elevation at or above
the design flood level.
The requirements of Subsection 9.14.9 are encouraged, but not required, in the following
situations:
17 | P a g e
(a) construction of an Accessory Building, provided that the Accessory Building is not an
Accessory Dwelling Unit;
(b) attached garages, where work is conducted in accordance with the recommendations
of the Alberta Building Code STANDATA relating to flood mitigation;
(c) renovations and repairs to an existing building; and
(d) where the Development Authority deems it unreasonable to meet the requirements
due to site specific constraints and where work is conducted in accordance with the
recommendations of the Alberta Building Code STANDATA relating to flood mitigation.
Notwithstanding Subsection 9.14.10, basements or an addition to a building below the
design flood level shall not be allowed.
Figure 6: Provincially Defined Flood Areas
LANDSCAPING
Within hamlets and residential districts, landscaping approved as part of a development
permit shall be carried out within two (2) years of the date a development permit is issued.
Notwithstanding subsection 9.15.1 above, an outdoor amenity space approved as a portion
of a Manufactured Home Park shall be landscaped within one (1) year of construction of
the Manufactured Home Park commencing.
As a condition of development permit approval, the Development Authority may require
the applicant enter into a Development Agreement with the M.D. of Acadia and provide
securities to ensure the type, quantity, and quality of approved landscaping is adhered to.
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SUBDIVISION
A development requiring subdivision of land shall not be issued a development permit
until such time as subdivision approval has been received from:
(a) the Subdivision Authority; or
(b) the applicable Appeal Body.
A subdivision proposing to create a single Vacant Parcel for non-agricultural purposes may
be approved provided that, in the opinion of the Development Authority, the vacant
parcel:
(a)
contains a buildable site;
(b)
development of the parcel would not have a detrimental effect on an
environmentally significant area, hydrological system, water quality, existing
development, or scenic area (e.g., a viewscape);
(c)
the proposed parcel and residual parcel will both have direct legal and physical
access to a public roadway;
(d)
the proposed access is to the satisfaction of Alberta Transportation when it is in
proximity to a provincial highway;
(e)
The Vacant Parcel can be serviced with potable water and sewage to the satisfaction
of the Development Authority; and
(f)
The parcel area of the Vacant Parcel conforms to the requirements of the applicable
Land Use District.
Prior to rendering a decision on a subdivision application proposing a to create one (1) or
more additional parcels within 800m (0.5 miles) of a provincial highway, the Subdivision
Authority may, at their own discretion require:
(a) the dedication of a road allowance;
(b) the subdivision be within a comprehensively planned area (i.e., area structure plan
(ASP) or area redevelopment plan (ARP)); and/or
(c) the submission of a master site plan to ensure future subdivision and development
applications will be compliant with this Land Use Bylaw.
Comprehensively Planned Area
means areas of the M.D. that are guided by a comprehensive
plan such as an area structure plan (ASP) or area redevelopment
plan (ARP). These plans recognize the physical, economic,
social, political, aesthetic, and related factors of the
community involved.
Master Site Plan
means a plan that provides design guidance for the
development of a large area of land with little or no
anticipated subdivision. The purpose of the master site plan
is to prove that future phases of development can occur in
compliance with this Land Use Bylaw and other applicable
municipal standards, but does not constitute an approval,
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endorsement, permit, or guarantee of such for future phases.
Each phase of development requires a new development
permit application.
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MULTI-LOT SUBDIVISION
The M.D. of Acadia may require multi-lot subdivisions that propose to create between two
(2) and four (4) new parcels be within a Council approved comprehensively planned area
prior to rendering a decision on a subdivision application.
Figure 7: Multi Lot Subdivision of a Quarter Section
The M.D. of Acadia shall require multi-lot subdivisions that propose to create five (5) or
more new parcels be within a comprehensively planned area prior to rendering a decision
on a subdivision application.
An area structure plan or area redevelopment plan for a comprehensively planned area
shall consider the following:
(a) the phasing of development;
(b) the size and number of parcels proposed;
(c) the installation and construction of roads and Utilities;
(d) the types of uses to be contained on the site, with particular specificity provided in the
case of any use involving the storage and/or transportation of explosives;
(e) potential impacts on adjacent land uses, and proposed measures to reduce those
impacts;
(f) Any applicable provincial and federal regulations (i.e., Private Sewage Disposal
Regulation, Explosives Act, and the Regulations);
(g) the environmental suitability of the site with particular consideration to soils, slopes,
drainage and any hazard lands; and,
21 | P a g e
(h) any other matters the M.D. of Acadia considers necessary to evaluate the merits of the
proposed development.
RESIDENTIAL DEVELOPMENT
In accordance with the M.D. of Acadia's Municipal Development Plan (MDP), no new
residential development shall be permitted in the M.D. of Acadia unless:
(a) the minimum distance separation, as required in the Agricultural Operations Practice
Act (AOPA) (AR 267/2001) from any Confined Feeding Operation (CFO) is met or
exceeded;
(b) when in proximity to a wind energy system that is either developed or approved under
the jurisdiction of the Alberta Utility Commission, the residential development meets
or exceeds the Alberta Utility Commission (AUC) Rule 012 - Noise Control; and
(c) development on better agricultural land is minimized.
The following floor areas for residential developments shall apply in all Land Use Districts:
Use
Minimum Floor Area per
Dwelling Unit
Maximum Floor Area per
Dwelling Unit
Dwelling, Detached
Dwelling, Duplex
Dwelling, Attached
46m2 (500 ft2)
N/A
Dwelling, Apartment
Mixed Use Development
38 m2 (400 ft2)
N/A
Dwelling, Tiny Home
23 m2 (250 ft2)
46m2 (500 ft2)
Dwelling, Accessory Unit Attached
38 m2 (400 ft2)
Less than or equal to the
floor area of the Principal
Building
Dwelling, Accessory Unit Detached
38 m2 (400 ft2)
93 m2 (1000ft2)
Dwelling, Manufactured
28 m2 (300 ft2)
N/A
All other dwelling types
At discretion of Development
Authority
N/A
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) a porch or veranda on the front façade;
(b) horizontal wall articulation on the front façade;
(c) the use of thick columns or brackets on roof overhangs;
(d) dormers, gables, cross gables or varied pitches for articulated roof lines;
(e) large or bay windows on the front façade, with strong window trim;
22 | P a g e
(f) architectural features or other detailing over entrances;
(g) changes in exterior siding materials, textures and colors to break up long wall
expanses; and
(h) the use of trim and moldings that contrast the exterior siding.
RURAL COMMERCIAL DEVELOPMENT
Rural commercial developments may be required to be within a comprehensively planned
area (e.g. area structure plan or master plan) in accordance with Subsections 9.16-
Subdivision and 9.17 - Multi Lot Subdivision.
Commercial development in rural areas may be permitted provided that:
(a) the development is located adjacent to a major transportation route;
(b) is within 800 m (0.5 miles) of a provincial highway; and
(c) a minimum of better agricultural land is removed from production.
INDUSTRIAL DEVELOPMENT
Rural industrial development may be required to be within a comprehensively planned
area (e.g., area structure plan or master plan) in accordance with Subsections 9.16-
Subdivision and 9.17 - Multi Lot Subdivision.
Industrial uses and industrial parks shall not be located on lands having a potential for
flooding, erosion, subsidence, steep slopes or otherwise containing adverse physical
features.
Industrial development may be permitted provided the development:
(a) shall be kept in an orderly and well-maintained state;
(b) has good access to well-developed local roads or provincial highways;
(c) shall not be source of inconvenience, or materially interfere with or affect the use,
enjoyment, or value of neighbouring properties by way of excessive noise, odour, dust,
or refuse matter beyond what is commonly found in the district; and
(d) a minimum of better agricultural land is removed from production.
The Development Authority may revise or revoke a development permit if complaints are
registered with one or more affected landowners.
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Part C - Specific Use Regulations
10 SPECIFIC USE REGULATIONS
This Section of the Land Use Bylaw contains regulations for specific land uses, as listed below.
QUICK LINKS
Click on the links below to jump to each section:
10.1
Applicability
10.2
Accessory Buildings, Structures
and Uses
10.3
Accessory Dwelling Units
10.4
Home Occupations
10.5
Bed and Breakfasts
10.6
Manufactured Dwellings
10.7
Manufactured Home Parks
10.8
Pet Care Services
10.9
Kennels
10.10
Auto Body Shops
10.11
Gas Bars and Service Stations
10.12
Car Washes
10.13
Recreational Vehicles
10.14
Cannabis Retail Sales
10.15
Cannabis Production Facility
10.16
Renewable Energy Systems
10.17
Small Wind Energy Systems
10.18
Large Wind Energy Systems
10.19
Solar Energy Systems -
Commercial
10.20
Natural Resource Extraction
and Processing Facilities
10.21
Waste Management Facilities
10.22
Wrecker and Salvage
10.23
Work Camps
APPLICABILITY
These regulations within Section 10 - Specific Use Regulations, shall apply when:
(a) a development permit application proposes one or more uses listed in this section; or
(b) the Development Authority deems a proposed use to be a similar use permit in
accordance with Section 5.5.8.
Where any regulation in this section may be in conflict with any regulation of a given Land
Use District in Part E, the regulation in the district shall take precedence.
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ACCESSORY BUILDINGS, STRUCTURES, AND USES
11 EXCEPT AS PROVIDED FOR IN SECTION 3 DEVELOPMENT NOT
REQUIRING A DEVELOPMENT PERMIT
This Section does not negate the requirement of obtaining all required permits, as
applicable, under the Safety Codes Act or any other provincial or federal statute.
The following developments shall not require a development permit:
(c) any use or development exempted under section 618(1) of the Act;
(d) any use or development exempted by the Lieutenant Governor in Council pursuant to
section 618(4) of the Act;
(e) Telecommunication Structures (refer to the M.D. of Acadia Telecommunication
Structures Policy under separate cover regarding the issuance of letters of
concurrence or non-concurrence);
(f) the completion and use of a building which was lawfully under construction at the
date this Bylaw came into effect provided the building is completed in accordance with
the terms and conditions of any development permit(s) granted;
(g) the completion of a building that did not require a development permit under the
previous Land Use Bylaw and which was lawfully under construction provided the
building is completed within twelve (12) months from the date this Bylaw came into
effect;
(h) an official notice, Sign, placard or bulletin required to be displayed pursuant to
provisions of federal, provincial or municipal legislation;
(i) the use of a building or part thereof for a federal, provincial, or municipal election,
referendum or plebiscite.
(j) Irrigation works as defined in Irrigation Districts Act.
(k) Pipelines and ancillary facilities as defined in the Pipelines Act. Any new facilities
adjacent to a public road shall have prior approval of Council.
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.):
(l) a Day Home;
(m) a Home Occupation - Phone & Desk;
(n) a Home Occupation - Minor in the following Districts:
iii.
AG -Agricultural General;
iv.
CR - Country Residential;
v.
CS - Community Service;
vi.
RI - Rural Industrial; and
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vii.
HF - Hamlet Fringe;
(o) the carrying out of works, maintenance or repair to any building provided that such
works:
viii.
do not include structural alterations that would affect any regulations in
this Land Use Bylaw, or
ix.
do not change the use or the intensity of use of the structure or building;
(p) interior renovations to a building which do not:
x.
create an additional Dwelling Unit,
xi.
increase parking stall requirements, or
xii.
result in the change of use or the intensity of use of a building;
(q) 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;
(r) 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
M.D. of Acadia;
(s) landscaping that was not required as part of a valid development permit;
(t) the construction of a patio or deck;
(u) the erection, construction or maintenance of gates, fences, walls, or other means of
enclosure in accordance with this Bylaw (see Section 9.10 - Fences and Hedges);
(v) In Hamlets, the construction or replacement of one (1) Accessory Building per parcel,
which does not exceed 9.3 m2 (100 ft2) in floor area and is less than 2.5 m (8 ft.) in
height; (See Section 10.1 - Accessory Buildings, Structures, and Uses);
(w) In the AG - Agricultural District, the construction or replacement of an Accessory
Building or Accessory Structure provided the building or structure is only used to
support normal agricultural operations of the parcel (examples: barns, sheds,
quonsets, granaries);
(x) A temporary Shipping Container in accordance with Subsection 10.2;
(y) the construction, maintenance and repair of private walkways, pathways, driveways,
and similar works;
(z) demolition of a building (a building permit is required);
(aa)
Renewable Energy Systems;
(bb)
the installation of a Sign that:
xiii.
is located inside a building and is not visible from the exterior;
xiv.
states the municipal address, owner or name of the building, to a
maximum sign area of 0.2 m2 (2.2 ft2) for a residential use and 0.5 m2
(5.4 ft2) for a non-residential use;
xv.
is for the purpose of warning or direction;
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xvi.
relates to an approved Home Occupation or Bed and Breakfast
Establishment, and meets the requirements of Section 10 - Specific Use
Regulations;
xvii.
relates to a political campaign for municipal, school board, regional health
authority, provincial or federal elections;
xviii.
indicates "open", "closed", "vacancy" or "no vacancy" with a maximum
sign area of 0.5 m2 (5.4 ft2) per non-residential use;
xix.
is located in a window with a maximum sign area of 0.3 m2 (3.2 ft2)
stating the opening and closing hours of a non-residential use; or
xx.
is a temporary Sign that relates to a real estate sale or lease not
exceeding 0.55 m2 (6 ft2) in sign area and not more than 1.8 m (6 ft.) in
height, provided the Sign is removed immediately following the sale or
lease;
xxi.
is a temporary Sign that relates to a temporary event, provided the Sign
is removed immediately following the event; and
(cc) Extensive Agriculture.
all Accessory Buildings, structures and uses shall require a development permit.
Accessory Buildings must be secondary and subordinate to the principal building or
principal use on the same parcel.
The determination of whether a use, building or structure is considered accessory shall be
at the discretion of the Development Authority.
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.
An Accessory Building shall not be used as a Dwelling Unit unless approved in accordance
with the provisions of this Bylaw.
No Accessory Building shall be located in the front yard of a parcel:
(a) in a residential district; or
(b) with a residential use.
The maximum height of an Accessory Building in a residential district or a parcel with a
residential use shall be 5m (16 ft.).
The minimum yard setbacks of an Accessory Building in any District shall be 1.0 m (3 ft.) in
the rear yard and side yards, except:
(a) on corner lots, where the minimum side yard setback shall be 3.0m (10 ft.) from the
exterior side parcel line; and
(b) where vehicle access to an Accessory Building is from a lane, the minimum setback
from a property line shall be 1.5 m (5 ft.).
An Accessory Building shall be setback a minimum of 1.5m (5 ft.) from a principal building.
An Accessory Building shall not exceed 80 m2 (860 ft2) in the Hamlet Fringe and Hamlet
Residential, and Hamlet Business Districts.
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Accessory Buildings, Fabric Covered
Accessory Buildings, Fabric Covered shall be:
(a) setback a minimum of 3.0 m (10 ft.) from any structure or equipment that contains
open flames (i.e., burning barrels, fire pits, or other open flame accessories);
(b) kept in good condition and the fabric not frayed or damaged; and
(c) fully enclosed with closable doors on the ends.
Within residential districts or a parcel with a residential use, Accessory Buildings, Fabric
Covered must not:
(a) exceed one (1) Accessory Building, Fabric Covered per parcel;
(b) be connected to any Utilities;
(c) exceed 20.5 m2 (220 ft2) in floor area; and
(d) 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.
For non-residential uses in districts other than residential districts, Accessory Buildings,
Fabric Covered may, at the discretion of the Development Authority:
(a) be connected to Utilities; and
(b) exceed more than one (1) Accessory Building, Fabric Covered per parcel.
A development permit for an Accessory Building, Fabric Covered may be temporary with a
specified maximum time limit for up to three (3) years.
Accessory Buildings, Shipping Container
An Accessory Building, Shipping Container is permitted on a temporary basis when used
for construction storage during the period of construction for which a valid building permit
has been issued; or
Notwithstanding Subsection 10.2.15, an Accessory Building, Shipping Container may be
permitted in a residential district when the exterior surface is finished or screened from
public view in accordance with Section 9.2 Design, Character, and Appearance.
ACCESSORY DWELLING UNITS
An Accessory Dwelling Unit (ADU) may be developed only in those Land Use Districts
where it is listed as a permitted use or discretionary use.
The issuance of a development permit in no way exempts the applicant from obtaining a
building permit for an Accessory Dwelling Unit.
A maximum of one (1) Accessory Dwelling Unit is allowed per parcel.
An Accessory Dwelling Unit shall not be less than 37.2 m2 (400ft2) in floor area.
An Accessory Dwelling Unit must not be separated from the principal residential use on a
parcel by the registration of a condominium or subdivision.
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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.
An Accessory Dwelling Unit shall not be used as a Bed and Breakfast, Home Occupation -
Phone & Desk/Minor or Short-term rental.
Detached Accessory Dwelling Units
Figure 8: Detached Accessory Dwelling Unit Types
The maximum floor area of an Accessory Dwelling Unit, Detached shall not exceed 80 m2
(860 ft2), 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.
Where an Accessory Dwelling Unit, Detached is located on the second storey, the
maximum building height shall be 6.0 m (20 ft.) and shall not exceed the height of the
principal building.
The minimum separation distance between a principal Dwelling Unit and an Accessory
Dwelling Unit, Detached shall be 3.0 m (10 ft.).
Attached Accessory Dwelling Units
The maximum floor area of an Accessory Dwelling Unit, Attached shall not exceed
Figure 9: Attached Accessory Dwelling Unit Types
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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.
Notwithstanding 10.3.11, where an Accessory Dwelling Unit, Attached may occupy:
(a) an entire basement within a one-storey Detached Dwelling; or
(b) an entire second storey of a two-storey Detached Dwelling.
HOME OCCUPATIONS
In accordance with Section 3 a Home Occupation that meets all the requirements listed in
Table 7: Home Occupation Requirements for a Home Occupation - Phone & Desk or a
Home Occupation -Minor does not require a development permit.
The Development Authority may issue a temporary development permit for a Home
Occupation for a period not exceeding three (3) years. An applicant may seek renewal for a
Home Occupation permit at the end of the three (3) year term.
Where the applicant for the Home Occupation is not the registered owner of the Dwelling
Unit proposed to be used for a Home Occupation, the applicant shall provide to the
Development Authority written authorization from the registered owner(s).
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 other nuisance that is not characteristic of
a residential use.
Where a Home Occupation does not meet all the requirements listed in Table 7: Home
Occupation Requirements for a Home Occupation - Phone & Desk, the Development
Authority shall make a determination of whether it meets the requirements for a Home
Occupation - Minor, or Home Occupation - Major.
Table 7: Home Occupation Requirements
Requirement
Home Occupation Classifications
Phone & Desk
Minor
Major
Development permit required?
No
No: AG, CR, CS, RI
and HF Districts
Yes: HR and HB
Districts
Yes
Use of Accessory Building
allowed?
No
No
Yes
On-premises sales or customer
visits allowed?
No
Max. 10
per week
Max. 20 per
week
Commercial deliveries allowed?
No
No
Yes
On-site storage of commercial
vehicles allowed?
No
No
Max. 2
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Food prepared and/or sold on site
allowed?
No
No
Yes
Off-site employees allowed?
(Persons not living in the Dwelling
Unit)
No
No
Yes
Outdoor storage or display of
materials, commodities or finished
products related to the use
allowed?
No
No
Yes
On-site advertising allowed?
No
1 non-illuminated
sign or name plate,
not exceeding
1 sq.m. (10 sq.ft.),
installed flat against
a building or fence.
In addition to the requirements in Table 7, a Home Occupation - Minor shall not occupy
more than 20% of the gross floor area of the Dwelling Unit.
In addition to the requirements in Table 7, a Home Occupation - Major shall
not occupy more than 25% of the gross floor area of the Dwelling Unit.
To ensure the residential and/or agricultural character of the area is maintained, and the
Home Occupation does not negatively impact neighbouring properties, for a Home
Occupation - Major, the Development Authority may restrict:
(a) the location, scale and visibility of outdoor storage areas; and
(b) the number, size, location, and visibility of commercial vehicles allowed to be stored
on-site.
BED AND BREAKFASTS
Bed and Breakfasts shall:
(a) not provide cooking facilities in guest rooms;
(b) not change the residential character or external appearance of the building;
(c) provide off-street parking stalls in accordance with Section 9.12.6; and
(d) have a maximum of four (4) guest rooms.
A maximum of one (1) Sign for a Bed and Breakfast may be displayed, in accordance with
Section 11 - Signs.
The Development Authority may issue a temporary development permit for a Bed and
Breakfast.
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MANUFACTURED DWELLINGS
Manufactured Dwellings constructed greater than fifteen (15) years at the time of
development permit application may not be approved at the discretion of the
Development Authority.
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 adjacent
parcels.
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.
All accessory structures such as stairways and landings, patios, decks, and skirting shall be
of complementary quality and design to the Manufactured Dwelling.
All Manufactured Dwellings shall be provided with stairways and landings to all entrances
within thirty (30) days of their placement.
MANUFACTURED HOME PARKS
All new Manufactured Home Parks or existing Manufactured Home Parks proposed to be
redeveloped shall provide a master site plan which shall detail the following to the
satisfaction of the Development Authority:
(a) minimum separation distances between buildings;
(b) total parcel size and manufactured home pad size(s);
(c) servicing strategy for water, sewer and storm;
(d) storage and common amenity areas;
(e) vehicle and pedestrian circulation routes;
(f) parking areas;
(g) landscaping of common areas (including outdoor amenity spaces);
(h) screening and fencing;
(i) internal addressing system; and
(j) any other matter the Development Authority considers necessary to assess the
application.
In addition to Section 10.6 - Manufactured Dwellings and Subsection 10.7.1, where a
Manufactured Home Park is listed as a permitted use or discretionary use, the following
regulations shall apply:
(a) No on-street parking shall be permitted on internal roads within the Manufactured
Home Park and off-street parking shall be provided in accordance with Section 9.12.6;
(b) Visitor parking stalls shall be clearly identified and dispersed throughout the home
park;
(c) All roads in a Manufactured Home Parks shall be least 10 m (33 ft.) in width;
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(d) Internal pedestrian pathways shall have a minimum width of 1.0m (3.3 ft.) and be
surfaced to the satisfaction of the Development Authority;
(e) Not less than 5% of the gross site area of a Manufactured Home Park shall be devoted
to outdoor amenity space and recreational uses in a manner that is convenient and
accessible to the majority of home park residences. This outdoor amenity space shall
be landscaped to the satisfaction of the Municipal Planning Commission within one (1)
year of the start of construction of the Manufactured Home Park.
(f) All setbacks from property lines will adhere to the setbacks required in the applicable
land use district.
(g) Separation distances between buildings, including manufactured homes, within the
Manufactured Home Park shall be a minimum of 3.0 m (10 ft.).
(h) A screened storage compound shall be provided within the Manufactured Home Park
for trucks, campers, travel trailers, snowmobiles, boats, etc. to the satisfaction of the
Development Authority.
(i) All manufactured home park lots within a Manufactured Home Park shall be clearly
defined on the ground by permanent flush stakes or markers with a lot number or
other address system approved by the Municipal Planning Commission.
PET CARE SERVICES
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.
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 on-site at any one time.
KENNELS
An application for a development permit for a Kennel shall include, in addition to the
application requirements in Section 5.1 - Application Requirements:
(a) a site plan indicating the size and location of all Kennel buildings and facilities (e.g.
outdoor enclosures, pens, runs or exercise areas, waste (feces) management areas);
(b) the distance between any buildings or facilities used for the Kennel operation to any
residential uses within a 150 m (495 ft.) radius; and
(c) proposed screening and noise attenuation measures.
No buildings or exterior exercise area(s) to be used to accommodate dogs shall be allowed
within 150 m (495 ft.) of any Dwelling Unit located on an adjacent parcel.
All dog facilities, including any Accessory Buildings and exterior exercise areas, shall be
located to the rear of the parcel.
The Development Authority may, as a condition of a development permit for a Kennel,
limit the maximum number of animals that may be kept at any one time.
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The Development Authority, at its discretion, may:
(a) require pens, rooms, exercise runs, and holding stalls be soundproofed where the
noise from the Kennel may adversely affect the amenities of the area. In making its
determination, the Development Authority may consider the number of animals to be
kept at the Kennel, the proximity of the Kennel to other uses, and/or the
recommendations of an acoustic study; and
(b) limit the times at which the animals are allowed outdoors. In particular, all dogs may
be required to be kept indoors between the hours of 10:00 p.m. and 7:00 a.m.
Kennels shall be screened by both a visual and sound barrier, by fences and/or
landscaping, from existing residential uses on adjacent parcels to the satisfaction of the
Development Authority.
AUTO BODY SHOPS
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. In particular,
service bay doors must be oriented away from an adjacent residential use.
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 (8ft.), and the fence is a solid fence of either metal or wood to the satisfaction of
the Development Authority.
Vehicles awaiting repair shall not be parked outside of a building or screened area for a
period of greater than 24 hours.
GAS BARS AND SERVICE STATIONS
Gas Bars and Service Stations shall comply with the following standards:
(a) no part of a service station building, or any pump island shall be within 6.0 m (20ft.) of
front, side or rear parcel lines;
(b) a front yard of no less than 12.0 m (40ft.);
(c) no pumping island closer than 4.5 m (15ft.) to a building;
(d) vehicle entrances from a road shall be located at the discretion of the Development
Authority and shall not exceed 10.7 m (35ft.) in width; and
(e) 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.
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CAR WASHES
Car Washes shall comply with the following standards:
(a) the minimum parcel area shall be 557 m2 (6000 ft2 or 0.1 ac). In the case of Gas Bars
and Service Stations including Car Washes, the minimum parcel area shall be 1,115 m2
(12,000 ft2 or 0.3 ac);
(b) receptables for the purpose of disposing of garbage and waste shall be provided to the
satisfaction of the Development Authority; and
(c) all parts of the parcel to which vehicles may have access shall be hard surfaced and
drained.
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. In particular, bay doors
and vacuums must be oriented away from an adjacent residential use.
RECREATIONAL VEHICLES
A Recreational Vehicle shall not be used as a Dwelling Unit unless the applicable Land Use
District allows for a Recreational Vehicle as either a permitted use or discretionary use and
a development permit for said use has been approved and issued by the Development
Authority.
Within Hamlets, no Recreational Vehicle shall be parked on a public road between October
30 and April 1. When stored on a residential property between April 1 and October 30, a
Recreational Vehicle must be fully accommodated on a driveway, or hard surfaced,
contained within the property boundaries, and must not encroach on the landscaped
portion of the site.
Notwithstanding Subsection 10.13.2, no Recreational Vehicle shall be stored on a Vacant
Parcel or non-residential parcel unless a development permit for a Storage Yard,
Automotive Sales, or other commercial land use has been issued by the Development
Authority.
Storage of Recreational Vehicles must be screened in accordance with Section 9.5 -
Screening.
CANNABIS RETAIL SALES
Cannabis Retail Sales must not have any part of an exterior wall that is located within 100
m (328 ft.) of:
(a) An approved hospital as defined in the Hospitals Act or a property line of the parcel of
land on which the facility is located;
(b) A building containing a school as defined in the Schools Act or a property line of a
parcel of land on which the building is located; or
(c) A property line of a parcel of land that is designated as school reserve or municipal
and school reserve under the Act.
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CANNABIS PRODUCTION FACILITY
The Development Authority may require for a complete application for a Cannabis
Production Facility, the submission of a waste management plan completed by a qualified
professional, which includes but is not limited to:
(a) the quantity and characteristics of liquid and solid waste material discharged by the
facility;
(b) the method and location of collection and disposal of liquid and solid waste material
discharged by the facility; and
(c) the incineration of waste products and method of treatment of airborne emissions,
including odours.
The issuance of a development permit in no way exempts the applicant from obtaining any
other approval, permit, authorization, consent, or license that may be required to ensure
compliance with applicable federal, provincial or other municipal legislation.
As a condition of a development permit and prior to the operation of the facility, the
developer must provide a copy of the current license for all activities associated with
cannabis production as issued by Health Canada.
All processes and functions related to a Cannabis Production Facility must be fully
contained within a building including all loading stalls and docks, garbage receptacles and
waste material.
A Cannabis Production Facility shall not include outdoor storage of goods, materials, or
supplies.
A Cannabis Production Facility shall not be allowed to operate on a parcel with any other
use.
A Cannabis Production Facility must include equipment in the ventilation system designed
and intended to remove odours from the air where it is discharged from the building.
RENEWABLE ENERGY SYSTEMS
Renewable Energy Systems attached to a principal building or Accessory Building shall:
(a) not extend above the peak of a roof;
(b) not project past a roof by 1.5 m (5ft.) at any point;
(c) not generate noise, in the opinion of the Development Authority, which affects the
amenity or enjoyment of an adjacent residential use.
Renewable Energy Systems that are freestanding must meet the height and setback
regulations for an Accessory Building within the applicable Land Use District.
SMALL WIND ENERGY SYSTEMS
Upon deeming an application for a Small Wind Energy System complete, the Development
36 | P a g e
Authority shall circulate a notification of the proposal to adjacent parcels prior to making a
decision.
The maximum height of a tower shall be:
(a) 25.0 m (82 ft.) where the parcel area is no less than 0.2 ha (0.5 ac) and no greater than
0.4 ha (1.0 ac); and
(b) no maximum tower height for parcels that are greater than 0.4 ha (1.0 ac) in area.
The tower base of a Small Wind Energy System shall be no closer to the property line of a
parcel than the total system height. No part of the tower structure, including guy wire
anchors, shall extend closer than 3.0 m (10ft.) to the property line of the parcel.
37 | P a g e
The tower base of a Small Wind Energy System shall be no closer to a Dwelling Unit or
Public Building on an adjacent parcel than the total system height of the Small Wind
Energy System.
Notwithstanding subsections 10.17.3 and 10.17.4 above, the Development Authority may
grant a relaxation to the setback requirements if the adjacent parcel owner(s) grant an
easement for the Small Wind Energy System.
Notwithstanding subsection 10.17.4, the Development Authority may require a greater
setback where shadow flicker will negatively impact the use and enjoyment of an adjacent
parcel.
Noise from a Small Wind Energy System shall not negatively impact the use and enjoyment
of an adjacent parcel by increasing the ambient background noise, in the opinion of the
Development Authority. A report, prepared by a qualified professional, may be required to
determine the sound level of the Small Wind Energy System measured at the property
line.
The Development Authority may consider visual impact concerns where there is significant
historical or scenic value associated with the proposed siting of a Small Wind Energy
System.
If the active production of electricity from a Small Wind Energy System is discontinued for
two (2) years or more, the Small Wind Energy System shall be removed. Upon termination
of the use, the entire facility shall be removed, and the installation site shall be restored to
a natural state.
LARGE WIND ENERGY SYSTEM
Structures and facilities associated with a Large Wind Energy System shall not be utilized
for advertising purposes.
Prior to applying for a development permit, an applicant proposing to develop a Large
Wind Energy System shall obtain all necessary provincial approvals from the Alberta
Utilities Commission (AUC).
Notwithstanding requirements for a development permit application in Section 5, an
application proposing to develop a Large Wind Energy System shall include:
(a) A copy of all project-related approval(s) from the Alberta Utilities Commission (AUC),
including but not limited to:
i.
copies of public engagement invitations to adjacent landowners,
information provided at the meeting(s), and a summary of the feedback
received;
ii.
a copy of the report submitted to the AUC and their compliance approval
pertaining to noise generation as identified in AUC Rule 012, or any
successor thereto, relative to notification of potentially impacted
residents;
iii.
a detailed site plan showing the location of all towers, supporting
buildings, utility lines, access roads, setbacks, and topographical features;
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iv.
drawings identifying the finish and appearance of all structures within the
proposed development area in order to minimize any obtrusive impact on
the community;
v.
plans for future phases of development;
vi.
post-construction reclamation plans; and
vii.
decommissioning plans.
As a condition of approval and prior to commencement of construction, the Development
Authority may require the applicant to do one or more of the following:
(a) enter into a development agreement to ensure municipal engineering standards are
adhered to;
(b) enter into a road use agreement to mitigate impacts to the community; and
(c) provide a means of security to the satisfaction of the Development Authority to ensure
conditions of the development are complied with.
SOLAR ENERGY SYSTEMS - COMMERCIAL
The Development Authority shall not approve an application for a Solar Energy System -
Commercial if it is proposed to be installed on better agricultural land.
Structures and facilities associated with a Solar Energy System - Commercial shall not be
utilized for advertising purposes.
Prior to applying for a development permit, an applicant proposing to develop a Solar
Energy System - Commercial shall obtain all necessary provincial approvals from the
Alberta Utilities Commission (AUC).
Notwithstanding requirements for a development permit application in Section 5, an
application proposing to develop a Solar Energy System - Commercial shall include:
(a) A copy of all project-related approval(s) from the Alberta Utilities Commission (AUC),
including but not limited to:
i.
copies of public engagement invitations to adjacent landowners,
information provided at the meeting(s), and a summary of the feedback
received;
ii.
a copy of the report submitted to the AUC and their compliance approval
pertaining to any offsite impacts;
iii.
a detailed site plan showing the location of all structures, supporting
buildings, utility lines, access roads, setbacks, and topographical features;
iv.
drawings identifying the finish and appearance of all structures within the
proposed development area in order to minimize any obtrusive impact on
the community;
v.
plans for future phases of development;
vi.
post-construction reclamation plans; and
vii.
decommissioning plans.
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As a condition of approval and prior to commencement of construction, the Development
Authority may require the applicant to do one or more of the following:
(a) enter into a development agreement to ensure municipal engineering standards are
adhered to;
(b) enter into a road use agreement to mitigate impacts to the community; and
(c) provide a means of security to the satisfaction of the Development Authority to ensure
conditions of the development are complied with.
NATURAL RESOURCE EXTRACTION AND PROCESSING FACILITIES
A development permit for aggregate extraction shall not be issued for a period greater
than 5 years. The applicant may apply thereafter to renew the development permit.
A new development permit shall not be issued on a site to the same or different applicant
or owner, unless or until any conditions of a previous development permit for aggregate
extraction have been fulfilled to the satisfaction of the Development Authority, or it has
been determined by the Development Authority that the conditions are no longer required
to be fulfilled.
All development permit applications for aggregate extraction operations proposed to have
property boundaries within 300m (1000 ft.) of a dwelling shall be referred to the adjacent
landowners for comment prior to the Development Authority rendering a decision.
The following setbacks apply to aggregate extraction and other natural resource extraction
operations:
(a) Sorting, screening, crushing, loading machinery or operations shall be a minimum of
300m (1000 ft.) from the nearest Dwelling Unit not occupied by the owner/operator of
the gravel pit.
(b) Excavating shall be a minimum of 150m (500 ft.) from the nearest part of a Dwelling
Unit or building used for overnight accommodation.
(c) The setbacks in subsections a) and b) may be reduced where noise and visual
mitigation measures, such as berming and screening, are provided to the satisfaction
of the Development Authority.
Aggregate or other natural resource extraction operations shall not excavate slopes that
are steeper than 33.3% where adjacent to existing roads, a proposed road widening, or
service road, except where it can be demonstrated that a steeper slope can be safely
achieved.
In addition to other development permit application requirements stated in this Bylaw, the
Development Authority may request any of the following to support an application for
Natural Resource Extraction and Processing Facilities:
(a) an extraction phasing plan;
(b) an environmental or biophysical impact assessment;
(c) a plan to buffer the impacts to adjacent developments through the use of berms,
screening or means of buffering;
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(d) a haul route plan;
(e) a traffic impact assessment; and
(f) a reclamation plan in accordance with Subsection 10.20.7.
Where a reclamation plan for aggregate extraction is not required by a provincial authority,
the Development Authority may:
(a) require submission of a reclamation plan prepared by a qualified third party prior to
commencement of excavation; and
(b) require a refundable security deposit to ensure that reclamation is completed as per
the approved reclamation plan, the amount of which shall be as recommended by the
third party engaged in the preparation of the reclamation plan.
As a condition of development permit approval, the applicant shall enter into a road
use/development agreement with the M.D. to ensure road conditions are not negatively
affected by the traffic generated by an aggregate extraction facility and to provide dust
control requirements. This includes, but is not limited to:
(a) All haul roads located on the site within 800 m (0.5 mile) of a Residential District/
Dwelling, and all entrances onto a public road shall be dust proofed with either oil,
water, or other treatment acceptable to the Development Authority.
(b) Any M.D. roadway used as a haul road that is within 150m (500 ft.) of an existing
dwelling or recreational development, shall be dust proofed for a minimum distance of
300 m (1000 ft.) on either side of the development.
If upon removal of any aggregate or other natural resource, the operator encounters the
water table at a level other than set out in the development permit application or which
was not disclosed in the application, the operator shall cease operations and submit a
revised plan complete with a hydrologist's report which shall outline any mitigative
measures for approval by the Development Authority and/or the appropriate provincial
authority.
Notwithstanding any other provision within this Bylaw, the obligation of the
development permit holder or the owner of the site to comply with the regulations of this
Bylaw or to fulfill any conditions of a development permit does not expire if the aggregate
extraction use ceases for any period of time or the site changes ownership.
The failure of the development permit holder who is not the owner of the site shall
not release the owner from complying with this Bylaw or fulfilling any conditions of a
development permit.
WASTE MANAGEMENT FACILITIES
Waste Management Facilities will only be permitted on a temporary basis for the disposal
of material from a demolition project. On completion of the demolition project, the private
Waste Management Facility shall be closed and capped.
Waste Management Facilities developments may be permitted under the following
conditions:
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(a) the Waste Management Facility is used solely for the burial of demolition waste from
buildings or other structures;
(b) no hazardous materials or chemicals of any kind are buried in the Waste Management
Facility;
(c) permission from the relevant provincial agency has been granted prior to any
excavation;
(d) permission from the registered landowner in writing has been provided to the
Development Authority; and
(e) the proposed Waste Management Facility shall be located at least 300 m (1,000 ft.)
from the nearest school, hospital, dwelling or food establishment, unless the owner of
the affected development gives written permission for a lesser distance.
As a condition of approval for a development permit for a private Waste Management
Facility, Council may enter into an agreement with the landowner with respect to the
location and operation of such development. Such agreement may be registered as a
caveat or restricted covenant against the Title of the parcel on which the Waste
Management Facility is located. The agreement may alert potential owners of the parcel as
to the location and type of material that was deposited into the Waste Management
Facility and may limit the type of development that may take place around the actual area
of the Waste Management Facility.
WRECKER AND SALVAGE
A Wrecker and Salvage site shall:
(a) be located a minimum of 800 m (0.5 miles) from any existing Dwelling Unit and/or
provincial highway;
(b) have a maximum area of 2 ha (5 ac) for a storage enclosure, which shall be completely
fenced and screened to a minimum height of 2.5 m (8 ft.) or as required by the
Development Authority;
(c) have all vehicles stored within the enclosure; and
(d) be maintained in accordance with any conditions deemed necessary for the use of the
site in an acceptable manner at the discretion of the Development Authority.
WORK CAMPS
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.
In addition to the requirements in Section 5.1 Application Requirements, an application
for a Work Camp shall include:
(a) a description of the location, type and purpose of the Work Camp;
(b) a plan showing the location, number and type of accommodations;
(c) a plan showing the adjacent land uses, and any proposed screening or fencing;
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(d) a plan and/or description of the method of supplying water, sewage and solid waste
disposal to the Work Camp;
(e) the number of persons proposed to reside in the Work Camp;
(f) the anticipated start date of construction of the Work Camp, date of occupancy and
removal date; and
(g) reclamation measures once the Work Camp is completed and removed.
A Work Camp must be:
(a) associated with the construction or operation of an industrial or commercial
development within the M.D.; and
(b) located in close proximity to the development it is associated with.
Once the purpose of the Work Camp is completed, a Work Camp site must be:
(a) reclaimed to its original condition; or
(b) 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.
Prior to the expiration of the development permit, an applicant may apply for a
continuance of the use for an additional twelve (12) months. After twenty-four (24) months
a new development permit approval is required.
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Part D - Signs
12 SIGN REGULATIONS
SIGN AUTHORITY AND ADMINISTRATION
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.
A development permit is not required for maintenance, repair, changing the sign content,
or reducing the sign content area of an approved Sign.
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.
No Sign shall be erected on or affixed to municipal property without the prior consent of
the M.D.
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.
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.
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.
The M.D. 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
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,
and shall be accompanied by:
(a) authorization of the registered landowner;
(b) 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
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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
(c) a drawing showing the width, height, and sign area of the Sign, including the proposed
sign content and sign content area;
(d) a description or drawing showing the Sign materials and colors; and
(e) the prescribed development permit fee.
SIGN DEFINITIONS
For the purposes of this Bylaw, the following definitions are related to Signs:
(a) 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.
(b) 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 Figure9: Sign Area and Sign Content Area.
(c) Sign Content
means the wording/lettering, message, graphics, or content displayed
on a Sign.
(d) 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 9: Sign Area and Sign Content Area.
Figure 10 Sign Area and Sign Content Area
(e) Sign Height
means the vertical distance measured from the highest point of the
sign or Sign structure to grade.
(f) Sign Illumination
means the lighting or exposure of a Sign to artificial lighting either by
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lights on or in the Sign or directed toward the Sign.
(g) 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.
GENERAL SIGN REGULATIONS
No Sign shall resemble or conflict with a traffic sign, signal, or device.
All Signs shall be designed and manufactured to a professional standard of quality, to the
satisfaction of the Development Authority.
The design and location of a Sign on a building shall complement the architectural
elements and materials of the building.
Buildings shall be designed to incorporate Signs into the building as an integrated
architectural element.
All Signs lighting shall be designed to illuminate the Sign only.
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.
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.
A maximum of one (1) Sign for a Home Occupation, or Bed and Breakfast may be displayed
with a maximum sign area of 1m2 (10 ft2).
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Part E - Districts
13 DISTRICTS ADMINISTRATION
ESTABLISHMENT OF DISTRICTS
For the purpose of this Bylaw, the Municipality is divided into the following Land Use
Districts:
Short Title
District Name
Purpose
AG
Agriculture
General
The purpose of the AG - Agriculture General District is to
facilitate agricultural operations and activities, while
accommodating other land uses considered compatible with the
rural character of the M.D.
CR
Country
Residential
The purpose of the CR- Country Residential District is to
accommodate residential developments at rural densities.
CS
Community
Service
The purpose of this district is to provide for the development of
social, educational, governmental, and other public and semi-
public buildings and uses.
RI
Rural Industrial
To provide for a range of manufacturing, warehousing and other
industrial uses.
HR
Hamlet
Residential
To accommodate residential development in a variety of
housing types along with other compatible neighbourhood uses.
HB
Hamlet Business
The purpose of this district is to accommodate a range of
commercial and industrial uses to provide retail and other
services to residents and visitors to M.D. of Acadia.
HF
Hamlet Fringe
To prevent ad hoc development of lands surrounding the
Hamlet of Acadia Valley and which are intended for future
Hamlet development as set out in the Municipal Development
Plan.
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DISTRICT BOUNDARIES
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.
The locations of boundaries shown on the Land Use Districts Map shall be governed by the
following rules:
(a) where a boundary is shown as following the municipal boundary, it shall be deemed to
follow the municipal boundary;
(b) where a boundary is shown as approximately following a property line, it shall be
deemed to follow the property line; and
(c) where a boundary is shown to follow the shoreline of a bank of a waterbody, it follows
that line.
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:
(a) in a manner consistent with the provisions of this Bylaw; and
(b) with the appropriate degree of detail required.
The location of a district boundary, once fixed, shall not be altered except by an
amendment of this Bylaw.
DIRECT CONTROL DISTRICTS
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.
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.
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.
Appeals within a Direct Control District shall be in accordance with the Act.
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14 AG - AGRICULTURE GENERAL DISTRICT
PURPOSE
The purpose of the AG - Agriculture General District is to facilitate agricultural operations
and activities, while accommodating other land uses considered compatible with the rural
character of the M.D.
DEVELOPMENT PERMIT NOT REQUIRED
Land uses listed in Section 3 as applicable, do not require a development permit in the AG -
Agriculture General District.
PERMITTED USES
The following uses are permitted uses in the AG - Agriculture General District:
Accessory Building**
Equestrian Centre
Accessory Building, Fabric Covered**
Extensive Agriculture E
Accessory Building, Shipping Container (temporary) **
Home Occupation - Minor E
Accessory Dwelling Unit, Attached*
Home Occupation - Phone & Desk E
Day Home E
Park
Dwelling, Rural (First)*
Renewable Energy Systems **
Dwelling, Rural (Second)*
Utilities **
E Does not require a permit. See Section 3 - Development Not Requiring a Development Permit
* See Section 10 - Specific Use Regulations | ** May require a permit. See Section 3 and Section 10
DISCRETIONARY USES
The following uses are discretionary uses in the AG - Agriculture General District:
Accessory Dwelling Unit, Detached*
Greenhouse
Agricultural Supply Depot
Home Occupation, Major*
Athletic and Recreational Facility, Outdoor
Kennel*
Attached Housing*
Large Wind Energy System*
Auction Facility
Public Building
Bed and Breakfast*
Recreational Vehicle*
Campground
Self-Storage Facility
Care Facility
Storage Yard
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Child Care Centre
Sign**
Dwelling, Additional Rural*
Small Wind Energy System*
Exhibition Grounds
Solar Energy Systems - Commercial*
Food Processing, Storage and Sales
Veterinary Clinic
Grain Elevator and Seed Cleaning
Worship Facility
In accordance with Section 5.5.8 - Similar Use Permits those uses which, in the opinion of
the Municipal Planning Commission, are similar to a permitted use or discretionary use
listed in this District.
*See Section 10 - Specific Use Regulations
**See Section 11 - Sign Regulations
REGULATIONS
The following regulations apply to parcel areas in the AG - Agricultural General District:
Use
Parcel Area Requirements
Extensive Agriculture
(a) Parcel area shall be a minimum of 32.4 ha (80 ac), more
or less, except, where the quarter is fragmented or
reduced by:
i.
natural barriers such as water bodies or
ravines; and/or
ii.
an involuntary severance.
in which case the Development Authority or
Subdivision Authority may permit a lesser site area that
shall not be less than 1.2ha (3ac).
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Subdivision of a
Farmstead
Parcel area shall be:
(b) 4.0 hectares (10 acres); or
(c) the minimum area required to subdivide out an existing
dwelling and related improvements (shelterbelts,
corrals, barns, sheds, wells, septic systems etc.) which
normally are associated with a farmstead; and
(d) shall minimize the amount of productive agricultural
land included in the subdivision.
Subdivision of a
Vacant Parcel
(all other uses listed
in 13.3 and 13.4)
(e) parcel area shall not be less than: 1.2 hectares (3 acres)
(f) parcel area shall not exceed: 4.0 hectares (10 acres)
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(g) Notwithstanding the above, development on existing parcels on record at the Land
Titles Office prior to the date this Bylaw came into effect may be permitted provided
that requirements regarding setbacks, floor areas, and applicable sections from Part
B- General Regulations and Part C- Specific Regulations are complied with.
The minimum parcel width is 38.0 m (125ft.).
The minimum yard setbacks in the AG - Agricultural General District shall be as follows:
Principal Building
Accessory Buildings and
Structures
a) Municipal Road R.O.W.
30m (100 ft.)
30m (100 ft.)
b) Provincial Highway
As required by Alberta Transportation
c) Interior Side Yard
3m (10 ft.)
3m (10 ft.)
Parcel density and Dwelling Unit density in the AG - Agricultural General District shall be:
Density
Maximum
Additional Requirements
Parcels per
quarter section
4 parcels
(a) Four (4) parcels per quarter section may be
subdivided for any combination of the following
purposes:
i.
Extensive Agricultural;
ii.
Farmstead Separation; and/or
iii.
Vacant Parcel for a proposed use listed in
Section 13.3 and 13.4.
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(b) The Subdivision Authority may, at its discretion,
relax the provisions of subsection (a) above, to
accommodate additional subdivisions for
involuntary severances such as public utilities,
schools, government institutions, and oil and gas
facilities.
(c) For clarity, if only a portion of a quarter section
remains designated under the Agricultural
General District, that portion of the quarter
section may contain up to four (4) parcels in
accordance with subsection (a) above.
(d) Subdivision beyond four (4) parcels will first
require that portion of land be redesignated from
the Agricultural General District to an appropriate
district in this Land Use Bylaw.
Parcels per cut-
off or
fragmented
quarter section
4 parcels
(e) Notwithstanding Subsection 13.5.1, the maximum
number of parcels per cut-off or fragmented
quarter section shall be four (4).
Dwelling Units
per Parcel
Per
Development
Authority
(f) In accordance with Section 13.3: permitted uses,
up to two (2) Dwelling Units are permitted per
parcel.
(g) In accordance with Section 13.4: discretionary
uses, the Municipal Planning Commission may
allow three (3) or more Dwelling Units on a
parcel.
ADDITIONAL REQUIREMENTS
A commercial vehicle with a G.V.W. rating of 7300 kg may be stored or parked on a parcel
with an approved Home Occupation - Major.
A Storage Yard use shall only be approved for the storage of Recreational Vehicles in
accordance with Section 10.14.
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15 CR - COUNTRY RESIDENTIAL DISTRICT
PURPOSE
The purpose of the CR- Country Residential District is to accommodate residential
developments at rural densities.
DEVELOPMENT PERMIT NOT REQUIRED
Land uses listed in Section 3 as applicable, do not require a development permit in the CR -
Country Residential District.
PERMITTED USES
The following uses are permitted uses in the CR - Country Residential District:
Accessory Building**
Home Occupation - Phone & Desk E
Accessory Building, Shipping Container (temporary) **
Park
Day Home E
Renewable Energy Systems **
Dwelling, Detached*
Utilities **
Home Occupation - Minor E
E Does not require a permit. See Section 3 - Development Not Requiring a Development Permit
* Requires a permit. See Section 10 - Specific Use Regulations
** May require a permit. See Section 3 and Section 10
DISCRETIONARY USES
The following uses are discretionary uses in the CR - Country Residential District:
Accessory Building, Fabric Covered*
Equestrian Centre
Accessory Dwelling Unit, Attached*
Greenhouse
Accessory Dwelling Unit, Detached*
Home Occupation - Major*
Bed and Breakfast*
Manufactured Home Park*
Beekeeping
Public Building
Child Care Centre
Sign**
Cultural Establishment
Small Wind Energy System*
Care Facility
Worship Facility
Dwelling, Rural (Second)*
*See Section 10 - Specific Use Regulations | **See Section 11 - Sign Regulations
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In accordance with Section 5.5.8 - Similar Use Permits those uses which, in the opinion of
the Municipal Planning Commission, are similar to a permitted use or discretionary use
listed in this District.
REGULATIONS
The minimum parcel area shall be the greater of:
(a) 0.5 ha (1.2ac); or
(b) as required by Section 9.6.1.
Parcel area shall be a maximum of 4.0 ha (10 ac).
Parcel width shall be a minimum of 30.5 m (100 ft.)
The minimum yard setbacks shall be as follows:
Principal Building
Accessory Buildings & Structures
a) Internal Subdivision or
Service Road
10m (30ft.)
10m (30ft.)
b) Municipal Road R.O.W.
30m (100 ft.)
30m (100 ft.)
c) Provincial Highway
As required by Alberta Transportation
d) Interior Side Yard
6 m (10 ft.)
1.0 m (3 ft.)
e) Rear Yard
6m (20 ft.)
1.0 m (3 ft.)
The maximum building height shall be as follows:
Use
Maximum Height
m
ft
a) Dwellings
10
33;
3 storeys
b) Accessory Buildings
5
16
c) All other Uses
12
40
ADDITIONAL REQUIREMENTS
Prior to rendering a decision on an application proposing to redesignate (rezone) lands to
the CR - Country Residential District, Council should consider, as applicable:
(a) 9.16- Subdivision;
(b) 9.17 - Multi-Lot Subdivision; and
(c) 9.18 - Residential Development.
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16 CS - COMMUNITY SERVICE DISTRICT
PURPOSE
The purpose of this district is to provide for the development of social, educational,
governmental and other public and semi-public buildings and uses.
DEVELOPMENT PERMIT NOT REQUIRED
Uses listed in Section 3 as applicable, do not require a development permit in the CS -
Community Service District.
PERMITTED USES
The following uses are permitted uses in the CS - Community Service District:
Accessory Building*
Home Occupation - Phone & Desk E
Accessory Building, Fabric Covered**
Hospital
Accessory Building, Shipping Container (temporary) **
Park
Cultural Establishment (for public or semi-public purposes)
Public Building
Day Home E
Renewable Energy Systems **
Educational Institution
Utilities**
Home Occupation - Minor E
E Does not require a permit. See Section 3 - Development Not Requiring a Development Permit
* Requires a permit. See Section 10 - Specific Use Regulations
** May require a permit. See Section 3 and Section 10
DISCRETIONARY USES
The following uses are discretionary uses in the CS - Community Service District:
Accessory Building, Fabric Covered*
Child Care Centre
Airport and Registered Aerodrome
Clinic
Athletic and Recreational Facility, Indoor
Exhibition Grounds
Athletic and Recreational Facility, Outdoor
Parking Lot
Campground
Sign**
Care Facility
Small Wind Energy System*
Cemetery
*See Section 10 - Specific Use Regulations | **See Section 11 - Sign Regulations
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In accordance with Section 5.5.8 - Similar Use Permits those uses which, in the opinion of
the Municipal Planning Commission, are similar to a permitted use or discretionary use
listed in this District.
REGULATIONS
The minimum parcel area is the greater of:
(a) 465 m2 (5000 ft2); or
(b) as required by Section 9.6.1 if not connected to piped water and sewer services.
The minimum parcel width shall be 15 m (50 ft.)
The minimum setback for all yards is as follows.
Road or Yard
Principal
Building
Accessory
Buildings and
Structures
a) Private Road
3.5 m (12 ft.)
4.5 m (15 ft.)
b) Municipal Road R.O.W.
30 m (100 ft.)
30m (100 ft.)
c) Provincial Highway
As required by Alberta Transportation
d) Interior Side Yard
4.5 m (15 ft.)
e) Rear Yard
6.0 m (20 ft.)
The maximum building height is 10 m (33 ft.).
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17 RI - RURAL INDUSTRIAL DISTRICT
PURPOSE
To provide for a range of manufacturing, warehousing, and other industrial uses.
DEVELOPMENT PERMIT NOT REQUIRED
Land uses listed in Section 3 as applicable, do not require a development permit in the RI -
Rural Industrial District.
PERMITTED USES
The following uses are permitted uses in the RI - Rural Industrial District:
Accessory Building*
Heavy Equipment Sales and Service
Accessory Building, Fabric Covered*
Home Occupation - Minor E
Accessory Building, Shipping Container*
Home Occupation - Phone & Desk E
Accessory Building, Shipping Container (temporary) **
Kennel*
Agricultural Supply Depot
Manufacturing, Light
Auto Body Shop*
Pet Care Service*
Automotive Repair and Service
Public Building
Building Supply Centre
Renewable Energy Systems **
Bulk Fuel Station
Storage Yard
Contractor Services - Major
Utilities**
Day Home E
Veterinary Clinic
Food Processing Storage and Sales
Warehousing and Distribution
Greenhouse
E Does not require a permit. See Section 3 - Development Not Requiring a Development Permit
* Requires a permit. See Section 10 - Specific Use Regulations
** May require a permit. See Section 3 and Section 10
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DISCRETIONARY USES
The following uses are discretionary uses in the RI - Rural Industrial District:
Abattoir
Natural Resource Extraction*
Artist Studio
Office (accessory to an industrial use)
Athletic and Recreational Facility, Indoor
Park
Athletic and Recreational Facility, Outdoor
Print Shop
Auction Facility
Recycling Depot
Cannabis Production Facility*
Retail Store
Car Wash*
Self-Storage Facility
Contractor Services - Minor
Sign**
Dwelling Unit* (accessory to an industrial use)
Small Wind Energy System*
Equipment Rental Shop
Solar Energy Systems - Commercial *
Gas Bar and Service Station*
Truck and Freight Terminal
Grain Elevator and Seed Cleaning
Waste Transfer Station*
Large Wind Energy System*
Work Camp*
Manufacturing, Heavy
Wrecker and Salvage*
*See Section 10 - Specific Use Regulations
**See Section 11 - Sign Regulations
In accordance with Section 5.5.8 - Similar Use Permits those uses which, in the opinion of
the Municipal Planning Commission, are similar to a permitted use or discretionary use
listed in this District.
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REGULATIONS
The minimum parcel area is 1.21 ha (3.0ac).
The minimum parcel width is 30.0 m (100 ft).
The minimum yard setbacks are as follows:
Principal Building
Accessory Buildings & Structures
Internal Subdivision or
Service Road
15.0 m (50 ft.)
15.0 m (50 ft.)
Municipal Road R.O.W.
30.0 m (100 ft.)
30.0 m (100 ft.)
Provincial Highway
As required by Alberta Transportation
Interior Side Yard
5.0 m (16 ft.)*
1.0 m (3 ft.)**
Rear Yard
6.0 m (20 ft.)
1.0 m (3 ft.)
* 0 m when a firewall is provided.
** 4.5m (15 ft.) on one interior side yard for alternate access to the rear of building in laneless
subdivisions.
The maximum building height is 14.0 m (45 ft.).
The maximum parcel coverage is 40%.
ADDITIONAL REQUIREMENTS
Prior to rendering a decision on an application proposing to redesignate (rezone) lands to
the RI - Rural Industrial District, Council should consider, as applicable:
(a) 9.16- Subdivision;
(b) 9.17 - Multi-Lot Subdivision;
(c) 9.19 - Rural Commercial Development; and
(d) 9.20 - Industrial Development.
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18 HR - HAMLET RESIDENTIAL DISTRICT
PURPOSE
To accommodate residential development in a variety of housing types along with other
compatible neighbourhood uses.
DEVELOPMENT PERMIT NOT REQUIRED
Land uses listed in Section 3 as applicable, do not require a development permit in the HR
- Hamlet Residential District.
PERMITTED USES
The following uses are permitted uses in the HR - Hamlet Residential District:
Accessory Building*
Dwelling, Manufactured*
Accessory Building, Shipping Container (temporary) **
Home Occupation - Minor*
Attached Housing* (up to 4 units)
Home Occupation - Phone & Desk E
Day Home E
Park
Dwelling, Detached*
Renewable Energy Systems **
Dwelling, Duplex*
Utilities**
E Does not require a permit. See Section 3 - Development Not Requiring a Development Permit
* Requires a permit. See Section 10 - Specific Use Regulations
** May require a permit. See Section 3 and Section 10
DISCRETIONARY USES
The following uses are discretionary uses in the HR - Hamlet Residential District:
Accessory Building, Fabric Covered*
Care Facility
Accessory Building, Shipping Container* Accessory
Child Care Centre
Dwelling Unit, Attached*
Cultural Establishment
Accessory Dwelling Unit, Detached*
Home Occupation, Major*
Apartment*
Sign**
Attached Housing* (more than 4 units)
Public Building
Bed and Breakfast*
Worship Facility
*See Section 10 - Specific Use Regulations
**See Section 11 - Sign Regulations
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In accordance with Section 5.5.8 - Similar Use Permits those uses which, in the opinion of
the Municipal Planning Commission, are similar to a permitted use or discretionary use
listed in this District.
REGULATIONS
Minimum Parcel Area
(a) Based on the principal use and level of servicing of the parcel, no parcel shall be created
in the HR - Hamlet Residential District which is less than:
Principle Use
Minimum Parcel Area
m2
ft2
Residential
i.
Unserviced
Per Section 9.6.1
ii.
Piped Sewer
930
10,000
iii.
Fully Serviced
116
1,250
Non-Residential
iv.
Unserviced
Per Section 9.6.1
v.
Piped Sewer
930
10,000
vi.
Fully Serviced
465
5,000
(b) For fully serviced residential developments, no parcel shall be created in HR - Hamlet
Residential District which is less than:
Principle Use
Minimum Parcel Area
m2
ft2
i.
Dwelling, tiny home
116
1,250
ii.
Dwelling, single-detached
iii.
Dwelling, manufactured
465
5,000
iv.
Dwelling, duplex (2 units on separate title)
456
4,910
v.
Dwelling, duplex (2 units on one title)
228
2,450
vi.
Interior unit: Attached Housing
183
1,970
vii.
Exterior unit: Attached Housing
228
2,450
viii.
Apartment
650
7,000
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The minimum yard setbacks are as follows:
Principal
Building
Accessory Buildings
and Structures
(a) Front Yard
7.5 m (25 ft.)
Greater than principal
building
(b) Interior Side Yard*
i.
Apartment
ii.
with a firewall or
common property line
1.5 m (5 ft.)
3.0 m (10 ft.)
0.0 m (0 ft.)
1.0 m (3 ft.)
(c) Exterior Side Yard
3.0 m (10 ft.)
3.0 m (10 ft.)
(d) Rear Yard
6.0 m (20 ft.)
1.5 m (5ft.)
* Minimum setback of 4.5 m (15 ft.) on at least one interior side yard for alternate access to the
rear of buildings in laneless subdivisions.
The minimum parcel width is:
Use
Minimum Parcel Width
m
ft
(a) Detached
(b) Duplex
(c) Manufactured
15
50
(d) Attached Housing: Interior Unit
6
20
(e) Attached Housing: Exterior Unit
7.5
25
(f) Apartment
24.4
80
(g) All other uses
15
50
The maximum parcel coverage including all buildings is 40%, where Accessory Buildings
may comprise up to a maximum of 15% of the parcel coverage.
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The maximum building height is as follows:
Use
Maximum Height
m
ft
(a) Apartment
14
45
(b) All other uses
10
33
(c) Accessory Buildings
5
16
ADDITIONAL REQUIREMENTS
An Accessory Building shall not exceed 80 m2 (860 ft2).
Apartments and comprehensively planned multi-unit dwelling developments must, to the
satisfaction of the Development Authority:
(a) locate vehicle entrances and exits, parking stalls and loading stalls in such a manner
to minimize impact on adjacent residential uses; and
(b) integrate the building and site design with the surrounding neighbourhood context.
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19 HB - HAMLET BUSINESS DISTRICT
PURPOSE
The purpose of this district is to accommodate a range of commercial and industrial uses to
provide retail and other services to residents and visitors in the M.D. of Acadia.
DEVELOPMENT PERMIT NOT REQUIRED
Land uses listed in Section 3 as applicable, do not require a development permit in the HB
- Hamlet Business District.
PERMITTED USES
The following uses are permitted uses in the HB - Hamlet Business District:
Accessory Building*
Convenience Store
Accessory Building, Shipping Container (temporary) **
Day Home E
Agricultural Supply Depot
Gas Bar and Service Station*
Artist Studio
Home Occupation - Phone & Desk E
Athletic and Recreational Facility, Indoor
Pet Care Service*
Auto Body Shop*
Personal Service Establishment
Automotive Repair and Service
Public Building
Automotive Sales*
Renewable Energy Systems **
Building Supply Centre
Retail Store
Car Wash*
Utilities**
Contractor Services - Minor
Wholesale Outlet
E Does not require a permit. See Section 3 - Development Not Requiring a Development Permit
* Requires a permit. See Section 10 - Specific Use Regulations
** May require a permit. See Section 3 and Section 10
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DISCRETIONARY USES
The following uses are discretionary uses in the HB - Hamlet Business District:
Accessory Building, Fabric Covered*
Heavy Equipment Sales and Service
Accessory Building, Shipping Container*
Hotel/Motel
Amusement Centre
Kennel*
Auction Facility
Laundry Facility
Bulk Fuel Station
Liquor Store
Cannabis Retail Store*
Manufacturing, Light
Child Care Centre
Office
Clinic
Park
Contractor Services - Major
Parking Lot
Cultural Establishment
Recycling Depot
Drinking Establishment
Self-Storage Facility
Dwelling Unit* (one, accessory to a commercial use)
Sign **
Eating and Drinking Establishment
Storage Yard
Educational Institution
Truck and Freight Terminal
Equipment Rental Shop
Veterinary Clinic
Funeral Home
Warehousing and Distribution
Greenhouse
*See Section 10 - Specific Use Regulations
**See Section 11 - Sign Regulations
In accordance with Section 5.5.8 - Similar Use Permits those uses which, in the opinion of
the Municipal Planning Commission, are similar to a permitted use or discretionary use
listed in this District.
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REGULATIONS
The minimum parcel area is the greater of:
(a) 465 m2 (5,000 ft2); or
(b) as required by Section 9.6.1 if not connected to piped water and sewer services.
The minimum parcel width shall be 15.0 m (50 ft.)
The minimum yard setbacks are as follows:
Principal
Building
Accessory Buildings and
Structures
(a) Front Yard
3.0 m (10 ft.)
3.0 m (10 ft.)
(b) Interior Side Yard*
(c) Adjacent to residential district
(d) with a firewall
2.0 m (6.5 ft.)
3.0 m (10 ft.)
0.0 m (0 ft.)
1.0 m (3 ft.)
(e) Exterior Side Yard
3.0 m (10 ft.)
3.0 m (10 ft.)
(f) Rear Yard
6.0 m (20 ft.)
1.0 m (3 ft.)
* Minimum setback of 4.5 m (15 ft.) on at least one interior side yard for alternate access to the
rear of buildings in laneless subdivisions.
The maximum parcel coverage is 40%.
The maximum building height is as follows:
(a) principal building: 14m (45ft.)
(b) accessory buildings: 5m (16 ft.)
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20 HF - HAMLET FRINGE DISTRICT
PURPOSE
To prevent ad hoc development of lands surrounding the Hamlet of Acadia Valley and
which are intended for future Hamlet development as set out in the Municipal
Development Plan.
DEVELOPMENT PERMIT NOT REQUIRED
Land uses listed in Section 3 as applicable, do not require a development permit in the HF -
Hamlet Fringe District.
PERMITTED USES
The following uses are permitted uses in the HF - Hamlet Fringe District:
Accessory Building*
Home Occupation - Phone & Desk E
Accessory Building, Shipping Container (temporary) **
Park
Day Home E
Renewable Energy Systems **
Home Occupation - Minor E
Utilities**
E Does not require a permit. See Section 3 - Development Not Requiring a Development Permit
* Requires a permit. See Section 10 - Specific Use Regulations
** May require a permit. See Section 3 and Section 10
DISCRETIONARY USES
The following uses are discretionary uses in the HF - Hamlet Fringe District:
Accessory Building, Fabric Covered*
Exhibition Grounds
Accessory Building, Shipping Container*
Greenhouse
Athletic and Recreational Facility, Outdoor
Home Occupation, Major*
Bed and Breakfast*
Public Building
Dwelling, Detached*
Sign**
Dwelling, Manufactured*
Small Wind Energy System*
Campground
Work Camp*
Child Care Centre
*See Section 10 - Specific Use Regulations | ** See Section 11 - Sign Regulations
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In accordance with Section 5.5.8 - Similar Use Permits those uses which, in the opinion of
the Municipal Planning Commission, are similar to a permitted use or discretionary use
listed in this District.
REGULATIONS
There shall be no subdivision of lands designated under the HF - Hamlet Fringe District,
excepting a Farmstead Separation
Prior to rendering a decision on an application proposing to redesignate (rezone) lands
from the HF - Hamlet Fringe District, Council should consider, as applicable:
(a) 9.16- Subdivision;
(b) 9.17 - Multi-Lot Subdivision;
(c) 9.18 - Residential Development;
(d) 9.19 - Rural Commercial Development; and
(e) 9.20 - Industrial Development.
The yard setbacks, 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:
(a) the purpose of the district;
(b) the existing and future uses of adjacent parcels.
Prior to approving a development permit application in the HF - Hamlet Fringe 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
21 DEFINITIONS
The following definitions pertain to terms and uses within the Land Use Bylaw.
(a) Defined terms that are bold and italicized are general terms.
(b) Defined terms that are bolded are land use terms.
(c) Terms in blue font are cross-references included for convenience only.
All other words and phrases mean the same as they do in the Act.
Click on the links below to jump to each section:
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 ]
Abattoir
Means the use of land, building, or structures for the slaughtering of
animals and processing of meat products.
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
See Dwelling Unit, Accessory
Accessory Dwelling Unit,
Attached
See Dwelling Unit, Attached Accessory
Accessory Dwelling Unit,
Detached
See Dwelling Unit, Detached Accessory
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.
Airport and Registered
Aerodrome
means a use intended for the arrival and departure or servicing of aircraft
and includes any building, installation, or equipment associated with the
use and which has been registered with or certified by Transport Canada.
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Airstrip - Private
means a use intended for the arrival and departure or servicing of aircraft
and includes any building, installation, or equipment associated with the
use, and which is not registered or certified by Transport Canada.
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.
Area Redevelopment
Plan
means a statutory plan adopted by bylaw in accordance with the Municipal
Government Act. An Area Redevelopment Plan provides the framework to
guide future redesignation, subdivision, and development permit
applications on an area of land that must consider existing developments.
Area Structure Plan
means a statutory plan adopted by bylaw in accordance with the Municipal
Government Act. An Area Redevelopment Plan provides the framework to
guide future redesignation, subdivision, and development permit
applications on an area of land that must consider existing developments.
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
See Dwelling Unit, Attached Housing
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.
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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.
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
(2.0ft.) 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.
Bank
See Financial Institution.
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.
Beekeeping
means the raising of honeybees for commercial purposes and may include
onsite sales. All activity related to beekeeping must comply with the Bee
Act.
better agricultural land
means Canada Land Inventory (CLI) Capability for Agricultural
Classifications 1 to 4. The CLI rating is subject to confirmation from site
inspection, land assessment records or other detailed soil investigations.
Biogas
See Waste Management Facility
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
73 | P a g e
parapet, flagpole, or similar devices not structurally essential to the
building.
building line
means the extended line of the wall of the building or any portion
of the building which faces the line of the parcel.
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building line, front
means a line parallel to the Front Parcel Line drawn across the parcel
through the point where a Building on the parcel is closest to the Front
Parcel Line.
building line, rear
means a line parallel to the Rear Parcel Line drawn across the parcel
through the point where a Principal Building on the parcel is closest to the
Rear Parcel Line.
building permit
means a permit or document issued in writing by a designated Safety Code
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. (1,000 lbs.) This does not include a Gas Bar and
Service Station.
C
[ Click to Return to Definitions Index ]
75 | P a g e
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 Production
Facility
means a use where Cannabis is for grown, produced, tested, destroyed,
stored or distributed in a federally approved and licensed facility. This does
not include a Cannabis Retail Store.
Cannabis Retail Store
means a use where Cannabis is sold for consumption off the premises and
may include the retail sale or rental of merchandise. A Cannabis Retail
Store 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.
Cemetery
means a use for the internment of the deceased or in which human bodies,
pets and/or animals or cremated remains have been buried. It may include
facilities such as a columbarium, mausoleum, memorial park and burial
grounds.
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 Day Home.
Church
See Worship Facility.
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
area
means an area of the municipality that is guided by a comprehensive
statutory plan inclusive of an Area Structure Plan or Area Redevelopment
76 | P a g e
Plan in accordance with the provisions of the Act. These plans recognize
the physical, economic, social, political, aesthetic, and related factors of
the community involved.
concept plan
means a non-statutory plan adopted by resolution.
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.
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
a Cannabis Retail Store.
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 (25 ft.) from the corner where
they meet. In the case where there is no curb on one or more roads, 6.0 m
(20 ft.) from the corner where they meet.
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Council
means the duly elected Council of the Municipal District of Acadia No. 34.
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 childcare facility operated from a private residence for up to and
including 6 non-resident children between the ages of 0 and 12 and
complies with the Alberta Family Day Home Standards.
deck
means a flat, floored concrete or wooden platform, elevated more than 0.6
m (2.0ft.) 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.
design flood
means the 1:100 flood used to define the floodway and flood fringe zones
on a Flood Hazard Overlay Map as determined through the Alberta Flood
Hazard Identification Program or a flood hazard study undertaken by a
qualified professional.
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
78 | P a g e
or building.
development authority
means a person, or persons, appointed as the Development Authority by
Bylaw.
development officer
means the person designated by Bylaw as a Development Officer pursuant
to this Land Use Bylaw.
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.
Dwelling Unit, Accessory
means a self-contained Dwelling Unit that is subordinate to and under one
title with the principal residential use.
Dwelling Unit, Attached
Accessory
means a use where an Accessory Dwelling Unit is located within or
attached to the building containing the principal residential use.
Dwelling Unit, 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
Dwelling Unit, Detached
Accessory
means a use where an Accessory Dwelling Unit is located on the same
parcel as, but within a separate building, from the principal residential use.
Dwelling, Detached
means a use where a building designed for residential use contains one
principal Dwelling Unit.
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 that
contains a Dwelling Unit conforming to CSA-A277 standards 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, Rural
Additional
means the third or more Dwelling Unit on a parcel. At the discretion of the
Development Authority, an Additional Rural Dwelling Unit may be in one
or more of the following forms: Detached, Duplex, Manufactured,
Attached, or Dwelling, Accessory Unit.
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Dwelling, Rural (First)
means the first Dwelling Unit on a rural parcel not in a hamlet in one or
more of the following forms: Detached Dwelling, Duplex Dwelling, or
Manufactured Dwelling.
Dwelling, Rural (Second)
means the second Dwelling Unit on a rural parcel not within a hamlet in
one or more of the following forms: Detached Dwelling, Duplex Dwelling, or
Manufactured Dwelling.
Dwelling, Tiny Home
means a use where one principal Dwelling Unit is contained within a
building that is 37.2 m2 (400 ft2) or greater in gross floor area but less than
65.0 m2 (700 ft2) in gross floor area. A Tiny Home that is factory
constructed must meet CSA-A277 standards and placed on a permanent
foundation.
Dwelling, multi unit
residential building
means a building that contains three (3) or more Dwelling Units and
includes Attached Housing and Apartments.
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, Liquor, and Cannabis Commission (AGLC). This includes
restaurants, cafes, and cafeterias, and may include a drive though.
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.
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.
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 or items associated with a Heavy Equipment Sales and Service
use.
Exhibition Grounds
means a use where land or buildings accommodate temporary events
including seasonal shows, conventions, conferences, seminars, product
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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, residential uses or a Cannabis Production Facility.
F
[ Click to Return to Definitions Index ]
Fabric Covered Building
See Building, Fabric Covered.
farmstead
means a dwelling or mobile home and other improvements used in connection with the
raising or production of crops, livestock or poultry and situated on land used in
connection with such farming operations, but does not mean a country residence.
farmstead separation
means the approval by the Subdivision Authority to subdivide out a parcel
of land for an existing Dwelling Unit and related improvements
(shelterbelts, corrals, barns, sheds, wells, septic systems etc.) which are
normally associated with a farm operation.
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.
FLOOD DEFINITIONS
design flood
means the 1:100 flood used to define the floodway and flood fringe zones
on a Flood Hazard Overlay Map as determined through the Alberta Flood
Hazard Identification Program or a flood hazard study undertaken by a
qualified professional.
flood fringe
means the portion of the flood hazard area outside of the floodway as
determined through the Alberta Flood Hazard Identification Program or a
flood hazard study undertaken by a qualified professional. Water in the
flood fringe is generally shallower and flows more slowly than in the
floodway.
flood mitigation
infrastructure
means infrastructure such as berms and dams with a dedicated flood
mitigation purpose.
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floodway
means the portion of the flood hazard area where flows are deepest,
fastest and most destructive as determined through the Alberta Flood
Hazard Identification Program or a flood hazard study undertaken by a
qualified professional. The floodway typically includes the main channel of
a stream and a portion of the adjacent overbank area.
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.
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.
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, but does not
include a Cannabis Production Facility.
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.
H
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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 -
Phone and Desk
means a use where a Home Occupation is operated which consists only of a
small office (phone, desk, computer(s) and related office accessories) and is
undetectable from outside the Dwelling Unit, and does not involve
customer visits or employees beyond those who permanently reside in the
home.
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
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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Involuntary Severance
means a subdivision of land necessary for roads, utilities, oil and gas
facilities and other similar institutional or public land uses, that result in a
parcel of land that is less than a quarter section 64.7 ha (160 ac) more or
less.
J
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K
[ Click to Return to Definitions Index ]
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 Petcare Services.
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 (33 ft.) wide typically
providing secondary access to one or more parcels. For the purpose of this
Bylaw, a lane is not a road.
Large Wind Energy
System
See Wind Energy System, Large.
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, Liquor and Cannabis
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.
LUX
means a way to measure the intensity of light as perceived by the human
eye as it hits or passes a surface, displayed as the luminous flux per unit
area, and is equal to one lumen per square meter.
M
[ Click to Return to Definitions Index ]
Manufactured Home Park means a use where a parcel of land under one Title has sites for the
placement of Dwellings, Manufactured for permanent residential use. A
Manufactured Home 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
associated with the use are located outside of a building, and which may
generate a nuisance beyond the boundary of the parcel. Heavy
Manufacturing does not include a Cannabis Production Facility.
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
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generate any nuisance beyond the boundary of the parcel. Light
Manufacturing does not include a Cannabis Production Facility.
master site plan
means a plan that provides design guidance for the development of a large
area of land with little or no anticipated subdivision. The purpose of the
Master Site Plan is to prove that future phases of development can occur in
compliance with this Land Use Bylaw and other applicable Municipal
standards, but does not constitute an approval, endorsement, permit, or
guarantee of such for future phases. Each phase of development requires a
new development permit application.
Municipal Planning
Commission (MPC)
means the Municipal Planning Commission established by Bylaw pursuant
to the Act.
Municipality
means the Municipal District of Acadia No. 34.
N
[ Click to Return to Definitions Index ]
natural boundary
means the visible high water mark of any lake, river, stream or other body
of water where the presence and action of the water are so common and
usual and so long continued in all ordinary years as to mark upon the soil of
the bed of the lake, river, stream or other body of water a character
distinct from that of the banks thereof, in respect to vegetation, as well as
in respect to the nature of the soil itself. In addition, the Natural Boundary
includes edge of dormant or old side channels and marsh areas.
Natural Resource
Extraction and Processing
Facility
means a use engaged in the extraction of natural resources such as timber,
clay, sand, gravel, limestone, shale, coal and other minerals including
petroleum and natural gas which may include bringing these together with
other elements such as power or water into integrated processes for the
purpose of primary treatment into a marketable form of the resource being
extracted.
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.
Nuisance Grounds
see Waste Management Facility.
O
[ Click to Return to Definitions Index ]
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
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includes vehicles, recreational vehicles and boats, waste materials, debris
or garbage.
P
[ Click to Return to Definitions Index ]
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.
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parcel line, front
means the shortest property line that abuts a road, unless otherwise
determined by the Development Authority in accordance with this Bylaw.
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.
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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.
parking, tandem
means two parking stalls, one behind the other, with one point of access to
the maneuvering aisle.
patio
means a platform, the height of which may be up to but does not exceed
0.6 m (2.0 ft.) from grade, that may or may not be attached to a building.
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 building
means a building which accommodates the principal use of the parcel.
principal use
means the main purpose for which a building or parcel is used.
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
[ Click to Return to Definitions Index ]
qualified professional
means individuals with experience and training in a particular discipline
with a recognized degree, certification, license or registration.
R
[ Click to Return to Definitions Index ]
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,
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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 may also include rental services. This does not
include a Building Supply Centre, Cannabis Retail Sales, a Convenience
Store, a Liquor Store, Print Shop, Personal Service Establishment, Laundry
Facilities 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.
S
[ Click to Return to Definitions Index ]
screening
means a fence, earth berm, or hedge used to visually separate between
parcels, districts or uses.
Self-Storage Facility
means a use:
(a) where goods are stored in a building;
(b) where the building is made up of separate compartments and
each compartment has separate access;
(c) that may be available to the general public for the storage of
personal items;
(d) that may include the administrative functions associated with the
use; and
(e) that may incorporate custodial quarters for the custodian of the
facility.
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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.
shadow flicker
means the repetitive moving shadows or reflection cast from the rotor
blades of a Small Wind Energy System as they pass through the sunlight.
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 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.
sign height
means the vertical distance measured from the highest point of the sign or
Sign structure to grade.
sign illumination
means the lighting or exposure of a Sign to artificial lighting either by lights
on or in the Sign or directed toward the Sign.
sign, temporary
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.
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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.
Small Wind Energy
System
See Wind Energy System, Small
Solar Energy System -
Commercial
means any device used to collect sunlight that is part of a system used to
convert radiant energy from the sun into thermal or electrical energy and is
primarily intended to produce energy for off-site consumption and/or
commercial purposes.
Storage Yard
means a use:
(a) where goods, 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.
storey, first
means the storey with its floor closest to grade and having its ceiling more
than 1.8 m (6 ft.) above grade.
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
[ Click to Return to Definitions Index ]
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.
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temporary
means a limited period of time as decided by the Development Authority.
Truck and Freight
Terminal
means a use where goods/freight are received, transferred, stored short-
term, and dispatched for transport by truck.
U
[ Click to Return to Definitions Index ]
un-subdivided quarter
section
means a titled area under the land survey system of 64.7 hectares (160 ac)
more or less, but excluding subdivision for road widenings, school sites and
other involuntary severances.
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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vacant parcel
means the approval by the Subdivision Authority to subdivide a parcel of
land that does not contain any active use, or any permanent structures or
buildings. For clarity, land used for agricultural purposes compliant with
this Bylaw is not considered to be vacant land (see Extensive Agricultural).
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 Management
Facility
means a use for the temporary or permanent storage of waste products in
accordance with Provincial regulations and guidelines.
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.
Wind Energy System,
Small
means a use where a wind energy conversion system consisting of a wind
turbine, and related facilities in accordance with the Alberta Utilities
Commission (AUC) regulations and which is intended to primarily provide
electrical power for the on-site consumption requirements, either on or
off-grid, and may provide residual power to the grid but is not intended to
produce power specifically for resale. The boundary of the development
area of a Small Wind Energy System shall be defined by the legal boundary
of the titled parcel where the turbine is located.
Wind Energy System,
Large
means a use where a wind energy conversion system consisting of a wind
turbine and related facilities in accordance with the Alberta Utilities
Commission (AUC) regulations, and which is intended to provide electrical
power, either on or off-grid, specifically for resale. The boundary of the
development area of a Large Wind Energy System shall be defined by the
legal boundaries of all titled parcels where the development has
infrastructure proposed or located within.
Work Camp
means a use where temporary living accommodation for employees
involved in the construction of a commercial or industrial development is
provided in a camp. This may include accommodation in the form of mobile
homes, 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.
Wrecker and Salvage
means a use:
(a) where derelict vehicles are stored, dismantled or crushed;
(b) where used motor vehicle parts may be sold;
(c) where motor vehicles in their complete and operable state are
not displayed or sold;
(d) that may have equipment used for crushing, dismantling or
moving motor vehicle parts; and
(e) that may have a building for administrative functions associated
with the use.
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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Part G - Land Use Districts Map
22 LAND USE DISTRICTS MAP
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