Municipal District of Bighorn No. 8 Land Use Bylaw No. 10-26
Municipal District of Bighorn No. 8, Alberta
· No. 8
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BYLAW NO. 10-26
LAND USE
BYLAW
M.D. OF BIGHORN
Land Use Bylaw Amendments
BYLAW #
DESCRIPTION
ADOPTED
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
iiii
LAND ACKNOWLEDGMENT
The land we are on and surrounds us is a part of who we are; it reflects our histories. We honour the history
and people of this Treaty 7 region. It is the homeland of the Îyârhe Nakoda, Tsuu T'ina, Piikani, Siksika and
Kanai as well as the Métis and Cree hunters. A Land Acknowledgment is only one small step on the path to
reconciliation. It is our hope that we inspire those around us to gain knowledge and build relationships. As a
Municipality we commit to listening, learning and strengthening partnerships with our neighbours the Chiniki,
Bearspaw and Goodstoney Nations.
ACKNOWLEDGMENTS
Consultant Team:
Bluerock Planning
Table Talk Communications & Engagement
Selkirk Planning & Design
Rynic
V3 Company of Canada
Cover page and back page images: Schaming Productions
M.D. Administration
Planning and Development Services
M.D. Council
Reeve Lisa Rosvold
Deputy Reeve Rick Tuza
Steve Fitzmorris
Jen Smith
Alice James
Bylaw 10-26
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M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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CONTENTS
PART A.
PURPOSE AND INTERPRETATION
1
A.1
Title
2
A.2
Purpose
2
A.3
Scope and Application
2
A.4
Transitional Provisions
3
A.5
Non-Conforming Buildings and Uses
3
A.6
Interpretation
3
PART B.
LAND USE DISTRICTS
8
B.1
Establishment of Districts
8
B.2
Hamlet Residential - Unserviced (R-1) District
9
B.3
Hamlet Residential - Serviced (R-1S) District
13
B.4
Hamlet Multi-Residential (RM) District
19
B.5
Hamlet Mixed-Use (HMU) District
25
B.6
Hamlet Industrial (H-ID) District
27
B.7
Hamlet Transition (HT) District
31
B.8
Public Service (P) District
33
B.9
Forest Area (FA) District
36
B.10
Agriculture Conservation District (AC) District
39
B.11
Small Holdings (SH) District
43
B.12
Country Residential (CR) District
47
B.13
Tourism & Recreation (TR) District
51
B.14
Highway Commercial (HWY-C) District
61
B.15
Rural Industrial (R-ID) District
67
B.16
Natural Resource (NR) District
70
B.17
Transfer of Subdivision Density (TSD) District
72
B.18
Natural & Protected Areas (NPA) District
75
B.19
District Control (DC-1) District
77
PART C.
GENERAL DEVELOPMENT REGULATIONS
79
C.1
General Regulations
80
C.2
Site Orientation and Design
81
C.3
Vehicle Access, Parking and Storage
86
C.4
Environmental Protection and Hazard Management
98
C.5
Exterior Lighting, Landscaping, and Fencing
106
C.6
Site Grading, Utilities and Services
112
C.7
Mezzanines
114
Bylaw 10-26
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PART D.
SPECIFIC USE REGULATIONS
115
D.1
Accessory Buildings, Structures and Uses
116
D.2
Agricultural and Animal Uses
118
D.3
Commercial Uses
122
D.4
Industrial and Energy Uses
124
D.5
Community Uses
129
D.6
Residential Uses
130
D.7
Signage
135
D.8
Vehicular-Oriented Uses
142
D.9
Temporary Developments
142
PART E.
AUTHORITIES AND PROCEDURES
143
E.1
Approval Authorities
144
E.2
Development Permit Applications
149
E.3
Subdivision Applications
166
E.4
Land Use Bylaw Amendment Applications
171
E.5
Area Structure Plans and Concept Plans
172
E.6
Enforcement and Penalties
174
PART F.
DEFINITIONS
177
F.1
Definitions
178
PART G.
MAPS
209
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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FIGURES
Figure 1:
R-1 setback requirements
11
Figure 2: R-1S Setback Requirements
15
Figure 3: R-1S Parcels Requiring Methane Monitoring in Dead Man's Flats
18
Figure 4: RM Setback Requirements
24
Figure 5: H-ID Setback Requirements
29
Figure 6: Setback Requirements
35
Figure 7: AC Setback Requirements
42
Figure 8: SH Setback Requirements
46
Figure 9: CR Setback Requirements
50
Figure 10: Plan 241 0890 & Plan 241 0875 Legal Land Locations Map
57
Figure 11: Tourism Recreation (TR) District Legal Land Locations Map
59
Figure 12: Harvie Heights Yard Setbacks for Irregular HWY-C Parcels
63
Figure 13: Additional Setback Area in Harvie Heights
64
Figure 14: R-ID Setback Requirements
69
Figure 15: Lot Orientation
82
Figure 16: Intersection Sight Line Triangles in Non-Hamlet Districts
83
Figure 17: Intersection Sight Line Triangles in Hamlet Districts
83
Figure 18: Visualization of Permitted Projections into Yard Setbacks
85
Figure 19: Screening
86
Figure 20: Driveway Approaches in Hamlets for Residential Uses
87
Figure 21: Driveway Approaches in Hamlets for Uses Other than Residential
88
Figure 22: Minimum Standard Parking Stall and Drive Aisle Dimensions
90
Figure 23: R-1S Setback Requirements
100
Figure 24: Logging on Private Lands Requiring a Development Permit
103
Figure 25: Wildfire Protection Home Ignition Zones
104
Figure 26: Height of Fencing in Hamlet Residential Districts Except Benchlands
107
Figure 27: Hamlet Non-Residential Districts Landscaping and Fencing (Elevation)
108
Figure 28: Hamlet Non-Residential District Landscaping and Fencing (Plan)
108
Figure 29: Retaining Walls
109
Figure 30: Sign Components
135
Figure 31: Rural Site Plan Example
153
Figure 32: Hamlet & Country Residential Site Plan Example
154
Bylaw 10-26
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TABLES
Table 1:
Units of Measure and Abbreviations
4
Table 2:
List of Land Use Districts
8
Table 3:
R-1 District Requirements
10
Table 4:
R-1 District Building Setbacks and Heights
10
Table 5:
R-1S District Requirements
14
Table 6:
RM District Density Requirements
20
Table 7:
RM District Requirements Ground-Oriented Residential: Parcel Dimensions
20
Table 8:
RM District Requirements Ground-Oriented Residential: Building & Setbacks
21
Table 9:
RM District Requirements Apartments
22
Table 10: RM District Requirements Institutional & Recreational Uses
23
Table 11:
HMU District Requirements
26
Table 12:
H-ID District Requirements
28
Table 13:
HT District Requirements
32
Table 14: P District Requirements
34
Table 15:
FA District Requirements
38
Table 16:
AC District Requirements
41
Table 17:
SH District Requirements
44
Table 18: CR District Requirements
48
Table 19:
TR District Requirements
55
Table 20: HWY-C District Requirements
62
Table 21:
HWY-C District Harvie Heights Setbacks
63
Table 22: R-ID District Requirements
68
Table 23: NR District Requirements
71
Table 24: TSD District Requirements
73
Table 25: NPA District Requirements
75
Table 26: DC-1 District Requirements
78
Table 27: Permitted Projections In Yard Setbacks
84
Table 28: Driveway Approach Standards for Hamlet Residential Properties
87
Table 29: Driveway Approach Standards for Non-Residential Hamlet Properties
88
Table 30: Minimum Standard Parking Stall and Drive Aisle Dimensions
89
Table 31:
Loading and Non-Standard Parking Stalls
90
Table 32: Minimum Parking & Loading Requirements
93
Table 33: Minimum Building Setbacks from Railway
98
Table 34: Minimum Fence and Berm Construction Standards
99
Table 35: Commercial & Industrial Landscaping Requirements
111
Table 36: Livestock Regulations
119
Table 37: Maximum Density Per Parcel for Retreat - Day Use and Retreat - Day Use & Overnight
123
Table 38: Sign Types Allowed by District
141
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
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Part A.
PURPOSE AND INTERPRETATION
Bylaw 10-26 PURPOSE AND INTERPRETATION
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A.1
TITLE
A.1.0.1
This Bylaw shall be referred to as the Municipal District of Bighorn No.8 Land Use Bylaw (LUB).
A.2
PURPOSE
A.2.0.1
The purpose of this Bylaw is to:
a) Regulate the use and development of land and buildings within the municipality to achieve
orderly, economical, and efficient development of land, while maintaining or improving the
quality of the physical environment;
b) Implement the objectives and policy direction of the Municipal Development Plan, Area
Structure Plans, and other applicable statutory plans;
c) Divide the municipality into Land Use Districts;
d) Prescribe and regulate for each District uses of land or buildings;
e) Outline roles and duties of the Subdivision Authority and Development Authority;
f) Outline the process for deciding and issuing Development Permits;
g) Provide criteria and guidance to applicants on the application process for Subdivision and
Development Permits; and
h) Provide for how and to whom notice of the issuance of a Development Permit given.
A.3
SCOPE AND APPLICATION
A.3.0.1
No person shall commence development within the M.D. except in compliance with this Bylaw.
Failure to comply may result in enforcement as outlined in Section "E.6 Enforcement and
Penalties".
A.3.0.2
Nothing in this Bylaw exempts a person from fully complying with:
a) All other statutory plans, bylaws and policies of the M.D.;
b) The requirements of other applicable federal or provincial legislation, including but not limited
to the:
i)
Environment Protection and Enhancement Act;
ii)
National Building Code - Alberta Edition;
iii)
National Fire Code - Alberta Edition;
iv)
Natural Resources Conservation Board Act;
v)
Public Development Act;
vi)
Safety Codes Act;
vii)
Water Act; and
viii)
Any amendments thereto;
c) Any easements, covenants, agreements or contracts registered at the Alberta Land Titles
Office, or otherwise affecting the land or development.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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A.4
TRANSITIONAL PROVISIONS
A.4.0.1
An application for a Development Permit that is deemed to be a complete application by the
Development Authority prior to the effective date of this Bylaw shall be processed in accordance
with Land Use Bylaw No. 09-z/18 and all amendments thereto.
A.4.0.2
An application for a Development Permit that is deemed to be a complete application by
the Development Authority on or after the effective date of this Bylaw, shall be processed in
accordance with this Bylaw.
A.5
NON-CONFORMING BUILDINGS AND USES
A.5.1
NON-CONFORMING BUILDINGS, STRUCTURES AND USES
A.5.1.1
The regulation and enforcement of non-conforming buildings and structures, and non-conforming
uses shall be undertaken in accordance with the Act.
A.5.2
NON-CONFORMING PARCELS
A.5.2.1
A Parcel is deemed conforming to this Bylaw where the Subdivision Authority has previously issued
a variance(s) to the requirements for parcel length, width and/or area as part of a subdivision
approval.
A.6
INTERPRETATION
A.6.1
BYLAW FORMATTING
A.6.1.1
For ease of reference:
a) Words that are italicized and bold (i.e. 'bold') denote terms defined in "Part F. Definitions"; and
b) Words that are italicized reference federal or provincial legislation or regulations thereunder.
A.6.2
RULES OF INTERPRETATION
A.6.2.1
The words 'shall', 'will', or 'must' require mandatory compliance.
A.6.2.2
The word 'may' means a choice is available and the application of the regulation is discretionary,
meaning the regulation in question can be implemented if the Development Authority chooses to
do so, which is typically dependent on context and individual circumstances.
A.6.2.3
The word 'should' means compliance with the regulation is expected unless it can be clearly
demonstrated that compliance is not reasonable, practical, or feasible.
A.6.2.4
Where a regulation involves two (2) 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.
A.6.2.5
Where a text box provides a "Tip" or "Note", the content is provided for reader convenience only and
if there is a conflict or inconsistency with the Bylaw and the Tip, the Bylaw will prevail.
Bylaw 10-26 PURPOSE AND INTERPRETATION
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A.6.3
SIMILAR USES
A.6.3.1
If the use is not listed as either a Permitted Use, Discretionary Use - Admin (D-A), or
Discretionary Use - MPC (D-MPC) in a District then it is a prohibited use, unless the Development
Authority deems it to be a Similar Use to one listed in the District. A similar use shall be
determined by evaluating whether the proposed use is similar to a listed use in the District in its
development features, including: size, scale, massing, intended use, servicing, traffic, and potential
off-site impacts.
A.6.4
DEFINITIONS
A.6.4.1
Words, phrases, and terms not defined in "Part F. Definitions" of this Bylaw shall have the same
meaning as given to them in the Act, the Alberta Interpretation Act or the Safety Codes Act. Where
no definition is provided in this Bylaw, the Act, Alberta Interpretation Act, or the Safety Codes Act,
words shall be defined as per the Canadian Oxford Dictionary.
A.6.5
HIERARCHY OF LAND USE BYLAW REQUIREMENTS
A.6.5.1
The written regulations take precedence over any diagram or graphic, if there is a conflict.
A.6.5.2
The Land Use District map takes precedence over any diagram in the District regulations if there is
a conflict.
A.6.6
UNITS OF MEASURE AND LIST OF ABBREVIATIONS
A.6.6.1
All units of measure contained within this Bylaw are metric International System of Units (SI)
standards. Approximate imperial measures are provided for the convenience of the user only. Table
1 provides an interpretation of commonly used units or measurements and abbreviations found in
this Bylaw:
Table 1: UNITS OF MEASURE AND ABBREVIATIONS
UNIT OR
ABBREVIATION
MEANING
UNIT OR
ABBREVIATION
MEANING
ac
acre
Min.
Minimum
cm
centimetre
m²
square metre
du
Dwelling Unit
mm
millimetre
ft
feet
No.
number
ft²
square feet
GFA
Gross Floor Area
km
kilometre
ha
hectare
l
litre
NA
Not Applicable
m
metre
UPA
Units per acre
Max.
Maximum
UPHA
Units per hectare
A.6.6.2
When interpreting dimensional measurements for compliance with this Bylaw, all units shall be
rounded to the nearest tenth decimal place.
A.6.6.3
When interpreting metrics for compliance with density or parking requirements in this Bylaw, units
shall be rounded up to the nearest whole number.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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A.6.7
MAPPING - DISTRICT AND OVERLAY BOUNDARIES
A.6.7.1
The boundaries of the Districts and overlays listed in this Bylaw are as delineated in the maps
contained in "Part G. Maps", and shall be interpreted as follows:
a) Where a boundary follows a public road, lane, railway or utility right-of-way, it follows the
centre line unless otherwise clearly indicated on the map;
b) Where a boundary is shown as approximately following the municipal boundary, it follows the
municipal boundary;
c) Where a boundary is shown as approximately following a hamlet boundary, it follows the
hamlet boundary;
d) Where a boundary is shown as approximately following the edge or shoreline of a river or other
water body, it follows that line, and in the event of change, it moves with the edge or shoreline;
e) Where a boundary is shown as approximately following a property line, it follows the
property line;
f) Where a boundary is shown as approximately following a topographic contour line or a top-of-
bank line, it follows that line, and in the event of change of the topographic line, it shall move
with that line;
g) Where a boundary is shown as being parallel to or as an extension of any of the features listed
above, it shall be so; and
h) In circumstances not covered above, the boundary shall be determined by the Development
Authority or Subdivision Authority, who may consult with an Alberta Land Surveyor prior to
rendering a decision.
A.6.7.2
When any public road is closed, the road lands have the same District as the abutting land. When
abutting lands are governed by different Districts, the centre of road is the District boundary
unless:
a) The District boundary is shown clearly following the edge of the road; or
b) If the road is consolidated with an adjoining parcel, the District designation of the parcel
applies to affected portions of the road.
Bylaw 10-26 PURPOSE AND INTERPRETATION
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M.D. of Bighorn
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Bylaw 10-26 PURPOSE AND INTERPRETATION
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Part B.
LAND USE DISTRICTS
B.1
ESTABLISHMENT OF DISTRICTS
B.1.1
PERMITTED AND DISCRETIONARY USES
B.1.1.1
Within each District the uses are listed as:
a) Permitted Use (P);
b) Discretionary Use - Administration (D-A); and
c) Discretionary Use - Municipal Planning Commission (D-MPC).
B.1.1.2
Where a use is not listed as a Permitted Use (P), Discretionary Use - Administration (D-A), or
Discretionary Use - Municipal Planning Commission (D-MPC) it is prohibited.
B.1.1.3
Within the tables provided within the Land Use Districts prohibited uses are noted with an "X" for
the convenience of the reader.
B.1.1.4
For the purposes of this Bylaw, the land within the boundaries of the Municipality shall be divided
into one (1) or more Districts, as established below in Table 2:
Table 2: LIST OF LAND USE DISTRICTS
SHORT TITLE
DISTRICT NAME
APPLICABLE GEOGRAPHIC AREA
R-1
Hamlet Residential - Unserviced
Benchlands, Harvie Heights, Lac des Arcs
R-1S
Hamlet Residential - Serviced
Dead Man's Flats, Exshaw
RM
Hamlet Residential - Multi-Unit
Dead Man's Flats, Exshaw
HMU
Hamlet Mixed-Use
Dead Man's Flats, Exshaw
H-ID
Hamlet Industrial
Dead Man's Flats, Exshaw
HT
Hamlet Transition
Exshaw, Lac des Arcs
P
Public Service
Various
FA
Forest Area
Various
AC
Agriculture Conservation
Various
SH
Small Holdings
Jamieson Road Area
CR
Country Residential
Various
TR
Tourism & Recreation
Various
HWY-C
Highway Commercial
Dead Man's Flats, Harvie Heights, Scott Lake
R-ID
Rural Industrial
Various
NR
Natural Resource Extraction
Various
TSD
Transfer of Subdivision Density
Jamieson Road Area
NPA
Natural & Protected Areas
Various
DC-1
Direct Control 1
NW 20-26-6 W5M
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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B.2
HAMLET RESIDENTIAL - UNSERVICED (R-1) DISTRICT
B.2.1
PURPOSE
B.2.1.1
The purpose of this District is to provide land for single detached dwellings on larger parcels with
private water and wastewater systems that allow for compatible home-based businesses.
B.2.2
USES
B.2.2.1
In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
BENCHLANDS
HARVIE
HEIGHTS
LAC DES
ARCS
SPECIFIC
RULES
A
Accessory Building
P
P
P
D.1
B
Accessory Use to an approved Use
D-A
D-A
D-A
C
Bed & Breakfast
D-A
X
X
D.6.5
D
Dwelling Unit, Accessory Attached
D-A (30% cap)
X
D-A (30%
cap)
D.6.1
B.2.8
E
Dwelling Unit, Accessory Detached
D-A (30% cap)
X
D-A (30%
cap)
D.6.2
B.2.8
F
Dwelling Unit, Accessory on a parcel with an
approved Home-Based Business - Major
D-MPC
X
X
G
Dwelling, Factory Built
D-A
D-A
D-A
D.6.3
H
Dwelling, Single Detached
P
P
P
I
Dwelling, Moved-On
D-A
D-A
D-A
D.6.6
J
Utility, Public
D-A
D-A
D-A
K
Home-Based Business - Minor
P
P
P
D.6.4
L
Home-Based Business - Major
D-A
D-MPC
(10% cap)
X
D.6.4
B.2.5
M
Home-Based Business - Major on a parcel
with an approved Dwelling Unit, Accessory
D-MPC
D-MPC
X
N
Livestock
D-A
X
X
D.2.2
O
Short-Term Rental - Minor
X
X
D-A (10%
Cap)
D.6.5
B.2.9
P
Solar Energy System -
Microgeneration Stand Alone
D-A
D-A
D-A
D.4.9
B.2.3
SIGNAGE REGULATIONS
B.2.3.1
Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
Bylaw 10-26 Land Use Districts
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B.2.4
DISTRICT REQUIREMENTS
B.2.4.1
The requirements listed in Table 3 and Table 4 and shown in Figure 1 apply to all parcels in this
District:
Table 3: R-1 DISTRICT REQUIREMENTS
#
REQUIREMENT
BENCHLANDS
HARVIE HEIGHTS
LAC DES ARCS
A
Max. Principal Dwelling
Units Per Parcel
1
1
1
B
Max. Number of Accessory
Dwelling Units
1
N/A
1
C
Min. Habitable Ground Floor Area
60.0 m2 ( 645.0 ft2)
60.0 m2 ( 645.0 ft2)
60.0 m2 ( 645.0 ft2)
D
Min. Parcel Width
23.0 m (75.5 ft)
23.0 m (75.5 ft)
23.0 m (75.5 ft)
E
Min. Parcel Area
Existing, no further
subdivision
990.0 m2
(10,656.3 ft2)
990.0 m2
(10,656.3 ft2)
F
Max. Site Coverage
25%
25%
25%
G
Is Subdivision Allowed?
Boundary adjustment only
Boundary adjustment only
Boundary adjustment only
Table 4: R-1 DISTRICT BUILDING SETBACKS AND HEIGHTS
#
Requirement
Benchlands, Harvie Heights, Lac des Arcs
A
Max. Building Height - Principal Building
10.0 m (33.0 ft)
B
Max. Building Height - Accessory Building
6.0 m (19.7 ft)
C
Max. Building Height - Accessory Dwelling Unit
- Detached where it is not above a garage
6.0 m (19.7 ft)
D
Max. Building Height - Accessory Dwelling Unit -
Detached where it is located above a garage
8.0 m (26.2 ft)
E
Min. Rear Yard Setback - Principal Building
8.0 m (26.2 ft)
F
Min. Front Yard Setback - All Buildings
7.5 m (24.6 ft)
G
Min. Interior Side Yard Setback - All buildings
1.5 m (4.9 ft)
H
Min. Exterior Side Yard Setback (Corner Parcels) - All buildings
3.0 m (9.8 ft)
I
Min. Rear Yard Setback - Accessory Buildings
1.5 m (4.9ft)
Note to reader: Building setbacks from Private Sewage Disposal Systems (PSDS) under the Alberta Private
Sewage Systems Standard of Practice (latest edition) shall be met.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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B.2.5
HOME-BASED BUSINESS - MAJOR
B.2.5.1
In addition to the regulations in Section "D.6.4 Home-Based Businesses" a maximum of 10% of
developed Single-Detached Dwellings within the R-1 District for the Hamlet of Harvie Heights may
be approved for a Home-Based Business - Major.
B.2.6
ILLUSTRATIONS
Figure 1: R-1 SETBACK REQUIREMENTS
Rear Yard
Principal
Building Area
Front Yard
Property Line
Side Yard
LEGEND
A
Accessory Building
Rear Setback
D
Principal Building Interior
Side Yard Setback
G
Exterior Side Parcel Line
B
All Buildings Interior
Side Yard Setback
E
All Buildings Front
Yard Setback
H
Rear Parcel Line
C
Principal Building
Rear Yard Setback
F
All Buildings Exterior
Side Yard Setback
Bylaw 10-26 Land Use Districts
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B.2.7
HARVIE HEIGHTS PARCEL ORIENTATION
B.2.7.1
Notwithstanding the normal determination of parcel orientation in this Bylaw, the orientation of
the following lots on Plan 6402 HX in Harvie Heights shall be considered to have the rear parcel
line adjacent to Bow River Drive or Bow Crescent:
a) Block 1, Lots 1 to 13;
b) Block 5, Lots 1 to 8; and
c) Block 9, Lots 1 to Z.
B.2.8
ACCESSORY DWELLING UNITS
B.2.8.1
In addition to the regulations in Section "D.6.1 Accessory Dwelling Units - General" and Section
"D.6.2 Accessory Dwelling Units - Detached" a maximum of 30% of developed Single Detached
Dwellings within the R-1 District for the Hamlet of Lac des Arcs and the Hamlet of Benchlands
may be approved for an Accessory Dwelling Unit. For clarity, this is a 30% cumulative cap for both
Accessory Dwelling Unit - Attached and Accessory Dwelling Unit - Detached.
B.2.9
SHORT-TERM RENTALS
B.2.9.1
In addition to the regulations in "D.6.5 Bed & Breakfasts and Short-Term Rentals" a maximum
of 10% of developed Single-Detached Dwellings within the R-1 District for the Hamlet of Lac des
Arcs may be approved for a Short-Term Rental - Minor.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
12
12
B.3
HAMLET RESIDENTIAL - SERVICED (R-1S) DISTRICT
B.3.1
PURPOSE
B.3.1.1
The purpose of this District is to provide for the development of low-density dwellings on hamlet
parcels serviced by municipal water and wastewater systems. While these lots are considered
low-density, it allows for compatible home-based businesses ranging from minor to major scale
and Accessory Dwelling Units in the form of short-term or long-term rentals.
B.3.2
USES
B.3.2.1
In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
DEAD MAN'S FLATS /
EXSHAW
SPECIFIC
RULES
A
Accessory Building
P
D.1
B
Accessory Use to an Approved Use
D-A
C
Dwelling Unit, Accessory on a parcel with an
approved Home-Based Business - Major
D-MPC
D
Bed & Breakfast with an existing approved Development
Permit at the time of adoption of this Bylaw
D-A
D.6.5
E
Dwelling Unit, Accessory Attached
D-A
D.6.1
F
Dwelling Unit, Accessory Detached
D-A
D.6.2
G
Dwelling, Factory Built
D-A
D.6.3
H
Dwelling, Single Detached
P
I
Dwelling, Moved-On
D-A
D.6.6
J
Home-Based Business - Major on a parcel with
an approved Dwelling Unit, Accessory
D-MPC
K
Home-Based Business - Major
D-A
D.6.4
L
Home-Based Business - Minor
P
D.6.4
M
Short-Term Rental - Minor
D-A (see cap details in B.3.6)
B.3.6
D.6.5
B.3.3
SIGNAGE REGULATIONS
B.3.3.1
Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
Bylaw 10-26 Land Use Districts
13
13
A
B
C
D
E
F
G
B.3.4
DISTRICT REQUIREMENTS
B.3.4.1
The requirements listed in Table 5 and shown in Figure 2 apply to all parcels in this District:
Table 5: R-1S DISTRICT REQUIREMENTS
#
REQUIREMENT
DEAD MAN'S FLATS / EXSHAW
DENSITY MAXIMUM
A
Max. Dwelling Units Per Parcel
No parcel shall exceed a maximum of two (2) dwelling
units, which is only permitted in the following form:
Single-detached dwelling unit plus one (1) accessory
dwelling unit whether attached or detached.
PARCEL SIZE REQUIREMENTS
C
Min. Parcel Width - Internal Parcels
12.8 m (42.0 ft)
D
Min. Parcel Width - Corner Parcels
14.6 m (47.8 ft)
E
Min. Parcel Area
429.0 m2 (4,617.9 ft2)
BUILDING REQUIREMENTS
F
Max. Building Height - Principal Building
10.0 m (33.0 ft)
G
Max. Building Height - Accessory Building
6.0 m (19.7 ft)
H
Max. Building Height - Accessory Dwelling
Unit - Detached where it is not above a garage
6.0 m (19.7 ft)
I
Max. Building Height - Accessory Dwelling
Unit - Detached where it is above a garage
8.0 m (26.2 ft)
J
Max. Site Coverage
45% or 370.0 m2 (3,982.8 ft2)
K
Min. Habitable Ground Floor Area for dwellings
65.0 m2 (700 ft2)
SETBACK REQUIREMENTS
L
Min. Front Yard Setback - All Buildings
5.0 m (16.4 ft), but in no case shall a parking stall in
a front yard be less than 6.0 m (19.7 ft) in length
M
Min. Rear Yard Setback - Principal Building
8.0 m (26.2 ft)
N
Min. Interior Side Yard Setback - All Buildings
1.5 m (4.9 ft)
O
Min. Exterior Side Yard Setback
(Corner Parcels) - All Buildings
3.0 m (9.8ft)
P
Min. Rear Yard Setback - Accessory Buildings
1.5 m (4.9 ft)
SUBDIVISION REGULATIONS
O
Is Subdivision Allowed?
Yes
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
14
14
B.3.5
ILLUSTRATIONS
Figure 2: R-1S SETBACK REQUIREMENTS
Rear Yard
Principal
Building Area
Front Yard
Property Line
Side Yard
LEGEND
A
Accessory Building
Rear Setback
D
Principal Building Interior
Side Yard Setback
G
Exterior Side Parcel Line
B
Accessory Building
Interior Side
Yard Setback
E
All Buildings Front
Yard Setback
H
Rear Parcel Line
C
Principal Building
Rear Yard Setback
F
All Buildings Exterior
Side Yard Setback
Bylaw 10-26 Land Use Districts
15
15
A
B
C
D
E
F
G
B.3.6
SHORT-TERM RENTALS & BED AND BREAKFASTS
In addition to the regulations in Section "D.6.5 Bed & Breakfasts and Short-Term Rentals" the following
requirements apply to all Short-Term Rentals in this District.
B.3.6.1
The maximum number of Short-Term Rental - Minor Development Permits shall be calculated as
follows:
a) No more than 30% of the R-1S parcels in Exshaw that have an approved
single-detached dwelling
B.3.6.2
The maximum number of Short-Term Rental - Minor or a Bed & Breakfast approved at the time of
the adoption of this Bylaw Development Permits shall be calculated as follows:
a) No more than 40% of R-1S parcels in Dead Man's Flats that have an approved
Single-Detached Dwelling.
B.3.6.3
New Bed & Breakfasts shall not be approved in the R-1S District.
B.3.6.4
Notwithstanding Section B.3.6.3, a Development Permit for a Bed & Breakfast with an existing
approved Development Permit at the time of adoption of this Bylaw may be renewed for a period
of up to three (3) years at the sole discretion of the Development Authority, having consideration
for the following factors:
a) Any complaint or enforcement history related to the Bed & Breakfast use; and
b) Comments received from adjacent landowners.
B.3.7
SOUTH EXSHAW IRREGULAR PARCELS
B.3.7.1
Notwithstanding the regulations listed in Table 5 and Figure 2 above, the minimum setbacks for
any development proposed on the irregular parcels located in South Exshaw, adjacent to Loder
Mountain Drive or Mount Laurie Road and described below shall be determined at the discretion of
the Development Authority, provided that any studies, if required by the Development Authority,
are submitted to support the proposed setback(s), to the satisfaction of the Development
Authority:
a) Plan 861 0463; Block 1; Lots 1-3; and
b) Plan 755HV; Block 1; Lots 1 -2.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
16
16
B.3.8
DEAD MAN'S FLATS R-1S OVERLAY FOR GAS MONITORING
Methane Gas Monitoring
B.3.8.1
The Lands subject to the additional requirements in this Section are the twelve (12) residential
parcels identified in "Figure 3: R-1S Parcels Requiring Methane Monitoring in Dead Man's Flats",
below.
B.3.8.2
In addition to the Development Permit application requirements outlined in Section "E.2
Development Permit Applications", an Applicant proposing to construct a dwelling on any of the
twelve (12) parcels shall submit the following prepared and stamped by a Qualified Engineer:
a) Information for the design and installation of building liners and ventilation incorporated into
the building foundation of the dwelling for the purpose of methane gas mitigation; and
b) Cost estimates for the design and installation of the mitigation measures for the purpose of
calculating a refundable security deposit in accordance with Section "E.2.14 Commencement
and Completion of Development".
B.3.8.3
Securities will be returned to the Applicant upon receipt of written confirmation, prepared by a
Qualified Professional, that the design, installation and inspection of the engineering control
measures (building liners and ventilation) incorporated into the building foundation have been
completed, to the satisfaction of the Development Authority.
B.3.8.4
Prior to release of the building permit, the Applicant shall submit the following prepared by a
Qualified Engineer:
a) Written confirmation that a methane monitoring program for the subject parcel is properly
installed and operating for a minimum duration of two (2) years.
B.3.8.5
At the end of the monitoring period, a report detailing the results of the monitoring program
including a recommendation that:
a) The methane gas has been mitigated, and the dwelling can be safely occupied; or
b) Further monitoring is required for a specified duration; and/or
c) Additional mitigation measures are required that must be implemented by the Applicant at
their own cost, prior to occupancy.
B.3.8.6
If methane reporting shows that further monitoring and/or mitigation measures are required, the
Applicant shall implement the recommendations, at their own cost.
B.3.8.7
Notwithstanding B.3.8.5 above, the M.D. may retain a Qualified Professional to review the
mitigation recommendations and monitoring report recommendations submitted by the Applicant.
Bylaw 10-26 Land Use Districts
17
17
A
B
C
D
E
F
G
Figure 3: R-1S PARCELS REQUIRING METHANE MONITORING IN DEAD MAN'S FLATS
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
18
18
B.4
HAMLET MULTI-RESIDENTIAL (RM) DISTRICT
B.4.1
PURPOSE
B.4.1.1
The purpose of this District is to provide a variety of low to medium density, multi-unit residential
developments on parcels serviced by municipal water and wastewater systems.
B.4.2
USES
B.4.2.1
In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
DEAD MAN'S FLATS /
EXSHAW
SPECIFIC RULES
A
Accessory Building
P
D.1
B
Accessory Use to an approved Use
D-A
C
Dwelling Unit, Accessory Attached
D-A
D.6.1
D
Dwelling Unit, Accessory Detached
D-A
D.6.2
E
Dwelling Unit, Accessory on a parcel with an
approved Home-Based Business - Major
D-MPC
F
Apartment
D-A
G
Dwelling, Attached
P
H
Group Home - Minor
D-MPC
I
Dwelling, Side-by-Side Duplex
P
J
Dwelling, Up-Down Duplex
P
K
Home-Based Business - Major
D-A
D.6.4
L
Home-Based Business - Minor
P
D.6.4
M
Home-Based Business - Major on a parcel
with an approved Dwelling Unit, Accessory
D-MPC
N
Recreation Facilities
D-MPC
O
Utility, Public
D-A
B.4.3
SIGNAGE REGULATIONS
B.4.3.1
Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
Bylaw 10-26 Land Use Districts
19
19
A
B
C
D
E
F
G
B.4.4
DISTRICT REQUIREMENTS
B.4.4.1
The requirements listed in Table 6, Table 7, Table 8, Table 9, and Table 10 and shown in Figure 4
apply to all parcels in this District:
Table 6: RM DISTRICT DENSITY REQUIREMENTS
A
Apartment Density Limits
Maximum Density: 60 units per hectare (24.3 units per acre),
or in accordance with the approved Area Structure Plan.
B
Accessory Dwelling Unit Limits
i.
Accessory Dwelling Units are only discretionary uses
to duplex building . Accessory Dwelling Units are not a
permitted or discretionary use for other land uses.
ii.
One (1) dwelling unit of a duplex shall not exceed a
maximum of one (1) accessory dwelling unit
Table 7: RM DISTRICT REQUIREMENTS GROUND-ORIENTED RESIDENTIAL:
PARCEL DIMENSIONS
DISTRICT REQUIREMENT
ATTACHED
SIDE-BY-SIDE
DUPLEX
UP-DOWN
DUPLEX
GROUP HOME -
MINOR
A
Min. Private Amenity Area per Unit
i.
At or below grade Unit: 7.4 m2 (78.7 ft2)
ii.
Above Grade Unit: 5.6 m2 (60.3 ft2)
PARCEL DIMENSIONS
B
Min. Parcel Width: Interior Parcel
9.0 m (29.5 ft) per Unit
12.8 m (42.0 ft)
per Building
24.5 m
(80.4 ft)
C
Min. Parcel Width: Exterior Parcel
10.5 m (34.4 ft) per Unit
14.6 m (47.9 ft)
per Building
24.5 m
(80.4 ft)
D
Min. Parcel Area
240.0 m2 (2,583.3 ft2)
410.0 m2
(4,413.2 ft2)
820.0 m2
(8,264 ft2)
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
20
20
Table 8: RM DISTRICT REQUIREMENTS GROUND-ORIENTED
RESIDENTIAL: BUILDING & SETBACKS
DISTRICT REQUIREMENT
DWELLING TYPES: SINGLE DETACHED, ATTACHED, SIDE-BY-SIDE
DUPLEX, UP-DOWN DUPLEX, GROUP HOME - MINOR
BUILDING REQUIREMENTS
A
Min. Habitable Ground
Floor Area per unit
55.0 m2 (592 ft2)
B
Max. Height Principal Building
12.0 m (39.4 ft)
C
Max. Height Accessory
Buildings and Structures
5.5 m (18.0 ft)
D
Max. Site Coverage
45% Combined - All Buildings and Structures
E
Min. Landscaped Area
30%
MINIMUM SETBACKS
F
Front Yard - All Buildings
i.
6.0 m (19.7 ft) for parcels with parking in the front yard.
ii.
5.0 m (16.4 ft) for parcels with parking in rear or side yards.
G
Rear Yard - Principal Building
8.0 m (26.2 ft)
H
Rear Yard - Accessory Buildings
1.5 m (4.9 ft)
I
Interior Side Yard - All Buildings
1.5 m (4.9 ft); or 0 m if a common fire wall is provided between units.
J
Exterior Side Yard (Corner
Parcels) - All Buildings
3.0 m (9.8 ft)
AMENITY AREAS AND PARKING
K
Common Amenity Area
For a site that contains more than six (6) Dwelling Units on a
parcel, a minimum of 10% of the landscaped area shall be
provided and developed for recreational purposes.
Bylaw 10-26 Land Use Districts
21
21
A
B
C
D
E
F
G
Table 9: RM DISTRICT REQUIREMENTS APARTMENTS
DISTRICT REQUIREMENT
APARTMENT
A
a) Max. Height Principal Building
13.0 m (42.7 ft); and limited to three (3) storeys
B
b) Max. Height - Accessory Buildings & Structures
5.5 m (18.0 ft)
C
c) Min. Roof Pitch
3:12
D
d) Min. Private Amenity Area per Unit
i.
At or below grade Unit: 7.4 m2 (78.7 ft2)
ii.
Above Grade Unit: 5.6 m2 (60.3 ft2)
E
e) Max. Site Coverage - Buildings & Structures
45%
F
f) Min. Landscaped Area
30%
MINIMUM SETBACKS & PARCEL DIMENSIONS
A
a) Front Yard
i.
6.0 m (19.7 ft) for parcels with parking in the front yard.
ii.
For parcels with parking in rear or side yards at
the discretion of the Development Authority
B
b) Rear Yard - Principal Building
At the discretion of the Development Authority
C
c) Rear Yard - Accessory Buildings
1.5 m (4.9 ft)
D
d) Interior Side Yard - Principal Building
At the discretion of the Development Authority
E
e) Interior Side Yard - Accessory Building
1.5 m (4.9 ft)
F
f) Exterior Side Yard (Corner Parcels)
3.0 m (9.8 ft)
G
g) Min. Building Separation
Separation distances between residential dwellings
where multiple buildings are located on a single parcel
shall be at the discretion of the Development Authority,
who shall consider the general aesthetics, amenities
and privacy within the proposed development.
H
h) Min. Parcel Width
30.0 m (98.4 ft)
I
i) Min. Parcel Area
925.0 m2 (9,956.9 ft2)
AMENITY AREAS AND PARKING
J
j) Common Amenity Area
For a site that contains more than 12 Dwelling Units on a
parcel, a minimum of 10% of the landscaped area shall
be provided and developed for recreational purposes,
to the satisfaction of the Development Authority.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
22
22
Table 10: RM DISTRICT REQUIREMENTS INSTITUTIONAL &
RECREATIONAL USES
DWELLING UNIT TYPE
DISTRICT REQUIREMENT
INSTITUTIONAL & RECREATIONAL USES
A
Max. Height Principal Building
10.0 m (32.8 ft)
B
Max. Height - Accessory Buildings & Structures
5.5 m (18.0 ft)
C
Min. Roof Pitch
3:12
D
Max. Site Coverage - Buildings & Structures
45%
E
Min. Landscaped Area
30%
F
Min. Parcel Area
925.0 m2 (9,956.9 ft2)
MINIMUM SETBACKS
G
Front Yard - All Buildings
5.0 m (16.4 ft)
H
Rear Yard - Principal Building
5.0 m (16.4 ft)
I
Rear Yard - Accessory Buildings
1.5 m (4.9 ft)
J
Interior Side Yard - Principal Building
4.5 m (14.8 ft)
K
Interior Side Yard - Accessory Building
1.5 m (4.9 ft)
L
Exterior Side Yard (Corner Parcels) - All Buildings
3.0 m (9.8 ft)
Bylaw 10-26 Land Use Districts
23
23
A
B
C
D
E
F
G
Figure 4: RM SETBACK REQUIREMENTS
Rear Yard
Principal
Building Area
Front Yard
Property Line
Side Yard
LEGEND
A
Accessory Building
Rear Setback
D
Accessory Building
Rear Yard Setback
G
Principal Building
Front Yard Setback
B
Accessory Building
Interior Side Yard Setback
E
Accessory Building Exterior
Side Yard Setback
C
Principal Building Interior
Side Yard Setback
F
Principal Building Exterior
Side Yard Setback
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
24
24
B.5
HAMLET MIXED-USE (HMU) DISTRICT
B.5.1
PURPOSE
B.5.1.1
The purpose of this District is to allow for and encourage a mix of commercial, residential,
office, and other uses that serve residents and the traveling public. Development in this District
is intended to be compact with a focus on street-oriented design and a high-quality pedestrian
environment.
B.5.2
USES
B.5.2.1
In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
EXSHAW
DEAD MAN'S FLATS
SPECIFIC RULES
A
Accessory Building
D-A
D-A
D.1
B
Accessory Use to an approved Use
D-A
D-A
C
Accommodation, Flex
D-A
D-A
B.5.6
D
Accommodation, Visitor - Major
D-MPC
D-MPC
D.3.2
E
Accommodation, Visitor - Minor
D-A
D-A
D.3.2
F
Artisan Shop
P
P
G
Community and Entertainment Facilities
D-MPC
D-MPC
H
Day Care
D-A
D-A
I
Dwelling Unit, Accessory Attached
D-A
D-A
D.6.1
B.5.7
J
Eating Establishment - Major
D-A
D-A
K
Eating Establishment - Minor
D-A
D-A
L
Government Services
D-A
D-A
M
Medical Services
P
D-A
N
Office
P
P
B.5.8
O
Personal Service Business
P
D-A
P
Pet Services
D-A
D-A
Q
Places of Religious Assembly
D-A
D-A
R
Recreation Facilities
D-A
D-A
S
Retail Store
P
P
T
Retail, Cannabis
D-MPC
D-MPC
U
Retail, Liquor Store
D-MPC
D-MPC
V
Tourist Information Centre
D-A
D-A
W
Utility, Public
D-A
D-A
X
Vehicle - Service Station
D-MPC
D-MPC
D.8.1
Bylaw 10-26 Land Use Districts
25
25
A
B
C
D
E
F
G
B.5.3
SIGNAGE REGULATIONS
B.5.3.1
Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
B.5.4
DISTRICT REQUIREMENTS
B.5.4.1
The requirements listed in Table 11 apply to all parcels in this District:
Table 11: HMU DISTRICT REQUIREMENTS
REQUIREMENT
IN ALL HAMLETS
A
Min. Parcel Area
232.0 m2 (2,497.2 ft2)
B
Max. Site Coverage
90%
C
Max. Building Height
13.5 m (44.3 ft)
D
Min. Front Yard Setback
0 m
E
Max. Front Yard Setback
3.0 m (9.8ft)
F
Min. Rear Yard Setback
3.0 m (9.8ft)
G
Min. Side Yard Setback
0 m
H
Min. Landscaping
See Section "C.5.5 Landscaping"
I
Is Subdivision Allowed?
Yes
B.5.5
VEHICLE ACCESS
B.5.5.1
In Dead Man's Flats each parcel should have two (2) vehicle access points, where possible: one (1)
from Second Avenue and one (1) from First Avenue in addition to any other requirements for access
in this Bylaw (see Section "C.3 Vehicle Access, Parking and Storage").
B.5.5.2
In all other Hamlets, vehicle access shall comply with Section "C.3 Vehicle Access, Parking and
Storage".
B.5.6
FLEX ACCOMMODATION
B.5.6.1
Flex Accommodation shall be located above a commercial use.
B.5.7
ACCESSORY DWELLING UNITS
B.5.7.1
Accessory Dwelling Units shall have an access at grade which is separate from the principal
commercial use.
B.5.7.2
Accessory Dwelling Units shall be located above the principal commercial use.
B.5.8
OFFICES
B.5.8.1
Offices shall occupy a maximum of 35% of the main floor area of any development.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
26
26
B.6
HAMLET INDUSTRIAL (H-ID) DISTRICT
B.6.1
PURPOSE
B.6.1.1
The purpose of this District is to provide land within a Hamlet for industrial uses, including
activities such as manufacturing, processing, servicing, warehousing, distribution, and storage.
B.6.2
USES
B.6.2.1
In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
SPECIFIC RULES
A
Accessory Buildings greater than 100.0 m2 (1,076.4 ft2)
D-A
D.1
B
Accessory Buildings less than 100.0 m2 (1,076.4 ft2)
P
D.1
C
Accessory Uses to an approved Use
D-A
D
Animal Boarding and Training Services
D-A
E
Artisan Shop
P
F
Bulk Fuel Storage and Sales
D-MPC
G
Business Support Services
D-A
H
Contractor Services
P
I
Data Centre
D-MPC
D.4.3
J
Horticultural, General
D-A
K
Household Equipment Repair Services
P
L
Industrial, Heavy
D-MPC
M
Industrial, Light
D-A
N
Industrial, Medium
D-A
O
Kennel, Commercial
D-MPC
D.2.4
P
Office
P
Q
Pet Services
D-A
R
Recreation Facilities
D-A
S
Shipping Container
P
T
Solar Energy System - Microgeneration Stand Alone
D-A
D.4.9
U
Storage, Indoor
P
V
Storage, Outdoor
P
W
Storage, Recreational Vehicles
D-A
D.3.1
X
Utility, Public
D-A
Y
Vehicle - Auto Rentals, Repair Services and Sales
D-A
Z
Veterinary Clinic
D-A
Bylaw 10-26 Land Use Districts
27
27
A
B
C
D
E
F
G
B.6.3
SIGNAGE REGULATIONS
B.6.3.1
Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
B.6.4
DISTRICT REQUIREMENTS
B.6.4.1
The requirements listed in Table 12 and shown in Figure 5 apply to all parcels in this District:
Table 12: H-ID DISTRICT REQUIREMENTS
#
REQUIREMENT
ALL PARCELS
A
Min. Parcel Area
1,393.5 m2 (15,000.0 ft2)
B
Max. Site Coverage
60%
C
Max. Building Height
13.5 m (44.3 ft)
D
Min. Front Yard Setback
6.0 m (19.7 ft)
E
Min. Rear Yard Setback
1.5 m (4.9 ft)
F
Min. Side Yard Setback
1.5 m (4.9 ft)
G
Min. Exterior Side Yard Setback (Corner Parcels)
4.0 m (13.1 ft)
H
Landscaping
See "C.5.5 Landscaping"
I
Is Subdivision Allowed?
Yes
J
Vehicle Access
See Section "C.3 Vehicle Access,
Parking and Storage"
K
Screening
The property line of a site which abuts a
residential District shall be screened in
accordance with Section "C.2.6 Screening"
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
28
28
B.6.5
ILLUSTRATIONS
Figure 5: H-ID SETBACK REQUIREMENTS
Rear Yard
Principal
Building Area
Front Yard
Property Line
Side Yard
LEGEND
A
Interior Side Yard Building Setback
B
Rear Yard Setback
C
Exterior Side Yard Setback
D
Front Yard Setback
Bylaw 10-26 Land Use Districts
29
29
A
B
C
D
E
F
G
B.6.6
OUTDOOR STORAGE
B.6.6.1
The maximum height of stored materials, excluding vehicles and equipment, shall not exceed 3.5
m (11.5 ft) in height, and materials stored within the setback areas are not to exceed the height of
the screening fence [maximum of 2.0 m (6.6 ft)].
B.6.6.2
Shipping Containers shall not be stacked, unless:
a) All setbacks in this District are met;
b) Information is provided to ascertain the stacking of Shipping Containers will not pose a safety
risk, to the satisfaction of the Development Authority; and
c) The stacking of Shipping Containers is in accordance with the National Building Code - Alberta
Edition.
B.6.6.3
Uses which involve the outside storage of goods, machinery, derelict vehicles, building materials,
waste materials and other similar objects that could be deemed unsightly in the opinion of the
Development Authority shall be screened from adjacent sites and roads, through the use of
fences, berms, landscaping, or a combination thereof, to the satisfaction of the Development
Authority.
B.6.7
WATER RESTRICTIONS IN DEAD MAN'S FLATS
B.6.7.1
Any use that, in the sole discretion of the Development Authority, has the potential to consume
a significant amount of water shall not be approved in Dead Man's Flats in accordance with the
approved maximum capacities for the hamlet set out in the applicable Water and Wastewater
Agreement with the Town of Canmore.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
30
30
B.7
HAMLET TRANSITION (HT) DISTRICT
B.7.1
PURPOSE
B.7.1.1
The purpose of this District is to preserve areas of land within hamlet boundaries from premature
subdivision and development until the land is re-designated for development purposes, in
accordance with policies within the Municipal Development Plan and any applicable Area Structure
Plan. Re-designation of lands in the Hamlet Transition District to another hamlet Land Use District
shall be required prior to approval of a plan of subdivision.
B.7.2
USES
B.7.2.1
In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
SPECIFIC RULES
A
Accessory Building
D-A
D.1
B
Accessory Use to an approved Use
D-A
C
Dwelling, Factory Built
D-A
D.6.3
D
Dwelling, Single Detached
D-A
E
Dwelling, Moved-On
D-A
D.6.6
F
Home-Based Business - Major
D-A
D.6.4
G
Home-Based Business - Minor
D-A
D.6.4
H
Utility, Public
D-A
B.7.3
SIGNAGE REGULATIONS
B.7.3.1
Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
Bylaw 10-26 Land Use Districts
31
31
A
B
C
D
E
F
G
B.7.4
DISTRICT REQUIREMENTS
B.7.4.1
The requirements listed in Table 13 apply to all parcels in this District:
Table 13: HT DISTRICT REQUIREMENTS
#
REQUIREMENT
ALL HAMLETS
A
Density
One (1) Dwelling Unit per Parcel
B
Min. Parcel Area
Existing Parcels
C
Max. Building Height
10.0 m (33.0 ft)
D
Min. Front Yard Setback
10.0 m (33.0 ft)
E
Min. Rear Yard Setback
10.0 m (33.0 ft)
F
Min. Side Yard Setback
10.0 m (33.0 ft)
G
Min. Landscaping
See Section "C.5.5 Landscaping"
H
Is Subdivision Allowed?
No
I
Vehicle Access
See Section "C.3 Vehicle Access, Parking and Storage"
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
32
32
B.8
PUBLIC SERVICE (P) DISTRICT
B.8.1
PURPOSE
B.8.1.1
The purpose of this District is to provide land for public and community developments for cultural,
educational, institutional, recreational and utility uses, as well as to protect and enhance existing
lands owned by the Municipality which are in a natural or largely undisturbed condition and may
be used for non-intensive park and recreational uses.
B.8.2
USES
B.8.2.1
In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
SPECIFIC RULES
A
Accessory Building
P
D.1
B
Accessory Use to an approved Use
D-A
C
Campground
D-MPC
D
Cemetery
D-MPC
E
Community Garden
P
F
Day Care
D-A
G
Government Services
P
H
Group Home - Major
D-MPC
I
Group Home - Minor
D-MPC
J
Medical Services
D-MPC
K
Medical Services, Extended
D-MPC
L
Park
P
M
Places of Religious Assembly
D-MPC
N
Recreation Facilities
D-A
O
School
D-MPC
P
Shipping Container
D-A
D.1.2
Q
Solar Energy System - Commercial
D-MPC
D.4.8
R
Solar Energy System - Microgeneration Stand Alone
D-A
D.4.9
S
Utility, Public
D-A
T
Wind Energy Conversion System (WECS), Commercial
D-MPC
D.4.5
U
Wind Energy Conversion System (WECS), Microgeneration
D-MPC
D.4.6
Bylaw 10-26 Land Use Districts
33
33
A
B
C
D
E
F
G
B.8.3
SIGNAGE REGULATIONS
B.8.3.1
Refer to Section "D.7 Signage" for Sign Regulations within this District.
B.8.4
DISTRICT REQUIREMENTS
B.8.4.1
The requirements listed in Table 14 apply to all parcels in this District:
Table 14: P DISTRICT REQUIREMENTS
#
REQUIREMENT
ALL PARCELS
A
Max. Building Height - All Buildings
12.0 m (39.4 ft)
B
Min. Front Yard Setback - All Buildings
6.0 m (19.7 ft)
C
Min. Rear Yard Setback - All Buildings
6.0 m (19.7 ft)
D
Min. Side Yard Setback - All Buildings
2.0 m (6.6 ft)
E
Min. Landscaping
See Section "C.5.5 Landscaping"
F
Is Subdivision Allowed?
Yes
G
Vehicle Access
See Section "C.3 Vehicle Access,
Parking and Storage"
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
34
34
B.8.5
ILLUSTRATIONS
Figure 6: SETBACK REQUIREMENTS
LEGEND
A
Side Yard Setback
B
Rear Yard Setback
C
Side Yard Setback
D
Front Yard Setback
Rear Yard
Principal
Building Area
Front Yard
Property Line
Side Yard
Bylaw 10-26 Land Use Districts
35
35
A
B
C
D
E
F
G
B.9
FOREST AREA (FA) DISTRICT
B.9.1
PURPOSE
B.9.1.1
The purpose of this District is to provide for the conservation of extensive areas of land which are
primarily owned by the Crown, where development is limited due to factors of topography, soil,
vegetation, wildlife, inaccessibility, isolation, environmental sensitivity, or watershed conservation.
Logging, and General and Intensive Agriculture and park uses are in keeping with the intent of this
District.
B.9.2
USES
B.9.2.1
In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
SPECIFIC RULES
A
Accessory Buildings
P
D.1
B
Accessory Use to an approved Use
D-A
C
Agriculture, General
P
D
Agriculture, Intensive
P
E
Animal Boarding and Training Services
D-MPC
F
Bed & Breakfast
D-A
D.6.5
G
Campground
D-A
H
Cemetery
D-A
I
Commercial Equestrian Centre
D-MPC
J
Commercial Outfitting and Guiding
D-A
K
Community Garden
P
L
Dwelling, Factory Built
D-A
D.6.3
M
Dwelling, Single Detached
P
N
Dwelling, Moved-On
D-A
D.6.6
O
Dwelling Unit, Accessory on a Parcel with an
approved Home-Based Business - Major
D-MPC
P
Farm Structure
P
Q
Group Home - Major
D-A
R
Group Home - Minor
D-A
S
Home-Based Business - Major
D-A
D.6.4
T
Home-Based Business - Major on a parcel with
an approved Dwelling Unit, Accessory
D-MPC
U
Home-Based Business - Minor
P
D.6.4
V
Horticultural, General
D-A
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
36
36
W
Industrial Work Camp
D-MPC
D.4.7
X
Kennel, Commercial
D-MPC
D.2.4
Y
Livestock
P
D.2.2
E.2.4.3
Z
Livestock for equal to or less than 2.0 Animal Unit per 3 acres
D-A
D.2.2
E.2.4.3
AA
Livestock for greater than 2.0 Animal Units per 3 acres
D-MPC
D.2.2
E.2.4.3
BB
Kennel, Private
D-MPC
D.2.4
CC
Log Sorting and Transportation Staging Area
D-A
DD
Logging
P
C.4.7
E.2.4.5
EE
Manufacturing and Distribution, Agriculture
D-A
FF
Natural Resource Extraction
D-A
D.4.1
GG
Natural Resource Extraction and Processing
D-A
D.4.1
HH
Park
P
II
Recreation, Outdoor Nature Based
P
JJ
Recreation Staging Area
D-A
KK
Recreation, Outdoor High Impact
D-MPC
LL
Sawmill
D-A
MM
School
D-MPC
NN
Shipping Container
P
D.1.2
OO
Solar Energy System - Microgeneration Stand Alone
D-A
D.4.9
PP
Storage, Outdoor
D-A
QQ
Utility, Public
D-A
RR
Waste Transfer Site
D-MPC
SS
Wind Energy Conversion System (WECS), Microgeneration
D-MPC
D.4.6
B.9.3
SIGN REGULATIONS
B.9.3.1
Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
Bylaw 10-26 Land Use Districts
37
37
A
B
C
D
E
F
G
B.9.4
DISTRICT REQUIREMENTS
B.9.4.1
The requirements listed in Table 15 apply to all parcels in this District:
Table 15: FA DISTRICT REQUIREMENTS
#
REQUIREMENT
ALL PARCELS
A
Max. Density
One (1) Dwelling Unit
B
Max. Building Height - All Buildings
10.0 m (32.8ft)
C
Min. Front Yard Setback - All Buildings
40.0 m (131.2 ft)
D
Min. Rear Yard Setback - All Buildings
30.0 m (98.4 ft)
E
Min. Side Yard Setback - All Buildings
30.0 m (98.4 ft)
F
Is Subdivision Allowed?
Yes
*Note: Above setbacks are calculated to the property line, not to the lease boundary, unless as otherwise
determined by the Development Authority.
B.9.4.2
For parcels existing prior to the adoption of this Bylaw that cannot meet the setbacks listed in
Table 15 due to parcel size, the Development Authority may reduce any setback in Table 15 to a
minimum distance of 10.0 m (33.0 ft).
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
38
38
B.10
AGRICULTURE CONSERVATION DISTRICT (AC) DISTRICT
B.10.1
PURPOSE
B.10.1.1 The purpose of this District is to provide for the continuing use of land for agricultural and related
activities while limiting fragmentation of agricultural land and encouraging land conservation
practices
B.10.2
USES
B.10.2.1 In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
SPECIFIC RULES
A
Accessory Buildings
P
D.1
B
Accessory Use to an approved Use
D-A
C
Agriculture, General
P
D
Agriculture, Intensive
P
E
Animal Boarding and Training Services
D-MPC
F
Bed & Breakfast
D-A
D.6.5
G
Commercial Equestrian Centre
D-MPC
D.2.1
H
Community Buildings and Facilities
D-A
I
Dwelling Unit, Accessory Attached
D-A
D.6.1
J
Dwelling Unit, Accessory Detached
D-A
D.6.2
K
Dwelling Unit, Accessory on a parcel with an
approved Home-Based Business - Major
D-MPC
L
Dwelling, Factory Built
D-A
D.6.3
M
Dwelling, Single Detached
P
N
Dwelling, Moved-On
D-A
D.6.6
O
Farm Structure
P
P
Group Home - Minor
D-A
Q
Group Home - Major
D-MPC
R
Home-Based Business - Major
D-A
D.6.4
S
Home-Based Business - Major on a parcel with
an approved Dwelling Unit, Accessory
D-MPC
T
Home-Based Business - Minor
P
D.6.4
U
Horticultural, General
P
V
Kennel, Commercial
D-MPC
D.2.4
Bylaw 10-26 Land Use Districts
39
39
A
B
C
D
E
F
G
W
Kennel, Private
D-MPC
D.2.4
X
Livestock
P
D.2.2
E.2.4.3
Y
Livestock for greater than 1.0 Animal Unit per 3 acres and
equal to or less than 2.0 Animal Units per 3 acres
D-A
D.2.2
E.2.4.3
Z
Livestock for greater than 2.0 Animal Units per 3 acres
D-MPC
D.2.2
E.2.4.3
AA
Log Sorting and Transportation Staging Area
D-A
BB
Logging
D-A
C.4.7
E.2.4.5
CC
Manufacturing and Distribution, Agriculture
D-A
DD
Natural Resource Extraction
D-MPC
D.4.1
EE
Retreat, Day Use & Overnight
D-MPC
D.3.4
E.2.4.6
FF
Retreat, Day-Use
D-A
D.3.4
E.2.4.6
GG
Sawmill
D-MPC
HH
Shipping Container
P
D.1.2
II
Solar Energy System - Microgeneration Stand Alone
D-A
D.4.9
JJ
Storage, Outdoor
D-A
KK
Utility, Public
D-A
LL
Veterinary Clinic
D-A
MM
Wind Energy Conversion System (WECS), Microgeneration
D-MPC
B.10.3
SIGN REGULATION
B.10.3.1 Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
40
40
B.10.4
DISTRICT REQUIREMENTS
B.10.4.1 The requirements listed in Table 16 and shown in Figure 7 apply to all parcels in this District:
Table 16: AC DISTRICT REQUIREMENTS
#
REQUIREMENT
ALL LANDS
A
Max. number of Parcels per quarter section
Two (2)
B
Min. Parcel Area (Residential Use Only)
1.2 ha (3.0 ac)
C
Max. Parcel Area (Residential Use Only)
4.05 ha ( 10.0 ac)
D
Residential Max. Density - Parcels less than 32 ha (79.1ac)
One (1) Single Detached Dwelling Unit and no more than
one (1) Accessory Dwelling Unit (Attached or Detached)
E
Residential Max. Density - Parcels
32 ha (79.1 ac) or greater
Two (2) Single Detached Dwelling Units and
no more than two (2) Accessory Dwelling
Units (Attached or Detached)
F
Min. Habitable Ground Floor Area per Dwelling Unit
55.0 m2 (592.0 ft2)
G
Max. Building Height
No Maximum for all Uses, except for the following
Uses: Retreat, Day Use & Overnight; Retreat,
Day-Use - Maximum Two (2) Storeys
H
Min. Front Yard Setback - All Buildings
40.0 m (131.2 ft)
I
Min. Rear Yard Setback - All Buildings
30.0 m (98.4 ft)
J
Min. Side Yard Setback - All Buildings
30.0 m (98.4 ft)
B.10.5
SUBDIVISION OF AN EXISTING RESIDENTIAL DWELLING ("FARMSTEAD
SEPARATION")
B.10.5.1 A single residential parcel may be subdivided from an unsubdivided quarter section provided
that:
a) An existing dwelling is located on that quarter section, either within the new parcel to be
created or on the remainder of the quarter section;
b) The dwelling is connected to an approved wastewater system; and
c) The parcel size shall be determined in accordance with Section "B.10.4 District
Requirements", with consideration of the location of the existing dwelling, accessory
structures, uses, topographic features and environmental considerations.
B.10.5.2 Notwithstanding Section "B.10.4 District Requirements" above, where an unsubdivided quarter
section is severed or separated by a public road, railway, river, creek, or lake from the balance
of the titled land, a larger Parcel than the maximum 4.2 ha (10.4 ac) may be considered for
subdivision at the sole discretion of the Development Authority.
Bylaw 10-26 Land Use Districts
41
41
A
B
C
D
E
F
G
B.10.6
ILLUSTRATIONS
Figure 7: AC SETBACK REQUIREMENTS
Rear Yard
Principal
Building Area
Front Yard
Property Line
Side Yard
LEGEND
A
Rear Yard Setback
B
Side Yard Setback
C
Front Yard Setback
D
Side Yard Setback
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
42
42
B.11
SMALL HOLDINGS (SH) DISTRICT
B.11.1
PURPOSE
B.11.1.1 The purpose of this District is to provide for the limited subdivision and development of residential
uses and businesses that are compatible with the surrounding agricultural lands.
B.11.2
USES
B.11.2.1 In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
SPECIFIC RULES
A
Accessory Buildings
P
D.1
B
Accessory Use to an approved Use
D-A
D.1
C
Agriculture, General
P
D
Agriculture, Intensive
D-A
E
Animal Boarding and Training Services
D-MPC
F
Bed & Breakfast
D-A
D.6.5
G
Community Buildings and Facilities
D-MPC
H
Day Care
D-MPC
I
Dwelling Unit, Accessory Attached
D-A
D.6.1
J
Dwelling Unit, Accessory Detached
D-A
D.6.2
K
Dwelling Unit, Accessory on a parcel with an
approved Home-Based Business - Major
D-MPC
L
Dwelling, Factory Built
D-A
D.6.3
M
Dwelling, Single Detached
P
N
Dwelling, Moved-On
D-A
D.6.6
O
Farm Structure
D-A
P
Group Home - Major
D-MPC
Q
Group Home - Minor
D-MPC
R
Home-Based Business - Major
D-A
D.6.4
S
Home-Based Business - Minor
P
D.6.4
T
Home-Based Business - Major on a parcel
with an approved Dwelling Unit, Accessory
D-MPC
U
Horticultural, General
P
V
Kennel, Private
D-MPC
D.2.4
W
Livestock
P
D.2.2
E.2.4.3
Bylaw 10-26 Land Use Districts
43
43
A
B
C
D
E
F
G
X
Livestock for equal to or less than
2.0 Animal Unit per 3 acres
D-A
D.2.2
E.2.4.3
Y
Livestock for greater than 2.0 Animal Units per 3 acres
D-MPC
D.2.2
E.2.4.3
Z
Manufacturing and Distribution, Agriculture
D-MPC
AA
Retreat, Day-Use
D-A
D.3.4
E.2.4.6
BB
Retreat, Day Use & Overnight
D-MPC
D.3.4
E.2.4.6
CC
Shipping Container
P
D.1.2
DD
Solar Energy System - Microgeneration Stand Alone
D-A
D.4.9
EE
Storage, Commercial Recreational Vehicles
D-MPC
D.3.1
FF
Storage, Outdoor
D-MPC
GG
Utility, Public
D-A
HH
Veterinary Clinic
D-MPC
II
Wind Energy Conversion System
(WECS), Microgeneration
D-MPC
D.4.9
B.11.3
SIGNAGE REGULATIONS
B.11.3.1 Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
B.11.4
DISTRICT REQUIREMENTS
B.11.4.1 The requirements listed in Table 17 and shown in Figure 8 apply to all parcels in this District:
Table 17: SH DISTRICT REQUIREMENTS
#
REQUIREMENT
ALL PARCELS
A
Max. number of Parcels per quarter section
Four (4)
B
Min. Parcel Area
4.2 ha (10.4 ac)
C
Max. Residential Density
One (1) Single Detached Dwelling Unit; and
one (1) Accessory Dwelling Unit
D
Min. Parcel Width
90.0 m (295.3 ft)
E
Parcel Orientation
At the discretion of the Development Authority after consideration
of site constraints including but not limited to access,
topography, the presence of waterbodies or watercourses,
and registered instruments on the Certificate of Title.
F
Max. Building Height - Principal Building
12.0 m (39.4 ft)
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
44
44
G
Max. Building Height - Accessory Buildings
7.0 m (23.0 ft)
H
Max. Building Height - Attached
Accessory Dwelling Unit
8.0 m (26.2 ft)
I
Min. Habitable Ground Floor Area per Dwelling Unit
55.0 m2 (592.0 ft2)
J
Min. Front Yard Setback - All Buildings
40.0 m (131.2 ft)
K
Min. Rear Yard Setback - Principal Building
30.0 m (98.4 ft)
L
Min. Interior Side Yard Setback - Principal Building
30.0 m (98.4 ft)
M
Min. Exterior Side Yard Setback - Principal
Building (Corner Parcel)
40.0 m (131.2 ft)
N
Min. Rear Yard Setback - Accessory Building
15.0 m (49.2 ft)
O
Min. Side Yard Setback - Accessory Building
15.0 m (49.2 ft)
B.11.5
SUBDIVISION
B.11.5.1 Subdivision shall be in accordance with the Municipal Development Plan.
B.11.5.2 Notwithstanding the Minimum Parcel Size and Minimum Parcel Width listed in Section
"B.11.4 District Requirements" above, where lands proposed to be subdivided have unique
characteristics the Development Authority may approve alternative metrics with consideration of:
a) The natural environmental features and the physical characteristics of the land;
b) Maintaining lands appropriate for agricultural purposes in larger, unfragmented parcels; and
c) Minimizing land area requirements for roads and utility servicing.
Bylaw 10-26 Land Use Districts
45
45
A
B
C
D
E
F
G
B.11.6
ILLUSTRATIONS
Figure 8: SH SETBACK REQUIREMENTS
Rear Yard
Principal
Building Area
Front Yard
Property Line
Side Yard
LEGEND
A
Rear Yard Setback
Principal Building
C
Front Yard Setback
E
Rear Yard Setback
Accessory Building
B
Side Yard Setback Interior
Principal Building
D
Side Yard Setback Exterior
Principal Building
F
Side Yard Setback
Accessory Building
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
46
46
B.12
COUNTRY RESIDENTIAL (CR) DISTRICT
B.12.1
PURPOSE
B.12.1.1 The purpose of this District to provide smaller parcels of land for country residential
development, in accordance with policies in the Municipal Development Plan and an adopted
Area Structure Plan.
B.12.2
USES
B.12.2.1 In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
GHOST
RIVER
SCOTT
LAKE
GHOST
RESERVOIR
ALL OTHER
PARCELS
SPECIFIC
RULES
A
Accessory Building
P
P
P
P
D.1
B
Accessory Use to an
approved Use
D-A
D-A
D-A
D-A
C
Accommodation, Staff
X
X
D-MPC
X
B.12.7
D
Bed & Breakfast
D-A
D-A
D-A
D-A
D.6.5
E
Community Buildings
and Facilities
D-A
D-A
D-A
D-A
F
Dwelling Unit,
Accessory Attached
P
P
P
P
D.6.1
G
Dwelling Unit,
Accessory Detached
D-A
D-A
D-A
D-A
D.6.2
H
Dwelling Unit, Accessory
on a parcel with an approved
Home-Based Business Major
D-MPC
D-MPC
D-MPC
D-MPC
D.6.1
I
Dwelling, Factory Built
D-A
D-A
D-A
D-A
D.6.3
J
Dwelling, Single Detached
P
P
P
P
K
Dwelling, Moved-On
D-A
D-A
D-A
D-A
D.6.6
L
Farm Structure
X
X
D-A
D-A
M
Government Services
D-A
D-A
D-A
D-A
N
Home-Based Business - Minor
P
P
P
P
D.6.4
O
Home-Based Business - Major
on a parcel with an approved
Accessory Dwelling Unit
D-MPC
D-MPC
D-MPC
D-MPC
P
Home-Based Business - Major
D-A
D-A
D-A
D-A
D.6.4
Q
Livestock
P
P
P
P
D.2.2
E.2.4.3
Bylaw 10-26 Land Use Districts
47
47
A
B
C
D
E
F
G
R
Solar Energy System -
Microgeneration Stand Alone
D-A
D-A
D-A
D-A
D.4.9
S
Utility, Private
D-MPC
D-MPC
D-MPC
D-MPC
T
Utility, Public
D-A
D-A
D-A
D-A
U
Wind Energy Conversion
System (WECS),
Microgeneration
D-MPC
D-MPC
D-MPC
D-MPC
D.4.6
B.12.3
SIGN REGULATIONS
B.12.3.1 Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
B.12.4
DISTRICT REQUIREMENTS
B.12.4.1 The requirements listed in Table 18 apply to all parcels in this District:
Table 18: CR DISTRICT REQUIREMENTS
#
REQUIREMENT
GHOST RIVER
SCOTT LAKE
GHOST
RESERVOIR
ALL OTHER
PARCELS
A
Min. Parcel Area
0.4 ha (1.0ac)
0.6 ha (1.5 ac).
See B.12.5.1
and B.12.5.3
0.4 ha (1.0 ac)
B
Max. Parcel Area
N/A
1.6 ha (4.0 ac)
1.2 ha (3.0 ac)
C
Max. Residential Density
One (1) Single
Detached Dwelling
Unit; and one
(1) Accessory
Dwelling Unit
One (1) Single
Detached
Dwelling Unit
and one (1)
Accessory
Dwelling Unit
In accordance
with special rules
below and within
the McDermid Area
Structure Plan.
One (1) Single
Detached Dwelling
Unit; and one
(1) Accessory
Dwelling Unit
D
Max. Building Height -
Principal Building
11.0 m (36.1 ft)
11.0 m (36.1 ft)
12.0 m (39.4 ft)
11.0 m (36.1 ft)
E
Max. Building Height -
Accessory Buildings
5.5 m (18.0 ft)
5.5 m (18.0 ft)
8.0 m (26.2 ft)
5.5 m (18.0 ft)
F
Max. Building Height
- all other buildings
6.0 m (19.7 ft)
N/A
N/A
6.0 m (19.7 ft)
G
Min. Habitable Ground Floor
Area per Dwelling Unit
60.0 m2 (645 ft2)
60.0 m2 (645 ft2)
60.0 m2 (645 ft2)
60.0 m2 (645 ft2)
H
Min. Front Yard Setback
from service road
7.5 m (24.6 ft)
15.0 m (49.2 ft)
6.0 m (19.7 ft)
7.5 m (24.6 ft)
I
Site Coverage
X
X
55%
X
J
Min. Rear Yard Setback
- Principal Building
7.5 m (24.6 ft)
7.5 m (24.6 ft)
6.0 m (19.7 ft)
7.5 m (24.6 ft)
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
48
48
K
Min. Rear Yard Setback
- Accessory Building
1.5 m (4.9 ft)
1.5 m (4.9 ft)
3.0 m (9.8 ft)
1.5 m (4.9 ft)
L
Min. Side Yard Setback
- Principal Building
2.0 m (6.6 ft)
6.0 m (19.7
ft) or 10% of
the lot width,
whichever is
the lesser
3.0 m (9.8 ft)
2.0 m (6.6 ft)
M
Min. Side Yard Setback
- Accessory Building
1.5 m (4.9 ft)
3.0 m (9.8 ft)
1.5 m (4.9 ft)
1.5 m (4.9 ft)
N
Subdivision
In accordance
with the Ghost
River Country
Residential ASP
In accordance
with the Scott
Lake Area
Structure Plan
In accordance with
the McDermidArea
Structure Plan
Yes, Area Structure
Plan required
B.12.5
SUBDIVISION REGULATIONS FOR GHOST RESERVOIR
B.12.5.1 Subdivision of land within Ghost Reservoir shall be in accordance with the McDermid Area
Structure Plan.
B.12.5.2 The 26.02 hectare (64.29 acres) site may be subdivided to create two (2) lots where the minimum
parcel area shall be 10 hectares (25 acres).
B.12.5.3 A maximum of eight (8) Bareland Condominium units where: The minimum Bareland
Condominium unit size shall be 1.0 hectare (2.47 acres) across the entirety of the site.
a) The minimum Bareland Condominium unit size shall be 1.0 hectare (2.47 acres).
b) Where lands proposed to be subdivided through a Bareland Condominium, the subdivision
layout shall be designed to:
i)
Be sensitive to the natural environmental features and the physical characteristics of the
land;
ii)
Provide private roadways to increase efficiency of roads and provide individual utility
servicing; and
iii)
Provide common property accessible by all country residential parcels for the enjoyment
of the entire property.
Bylaw 10-26 Land Use Districts
49
49
A
B
C
D
E
F
G
B.12.6
DENSITY REGULATIONS FOR GHOST RESERVOIR
#
REQUIREMENT
ALL PARCELS
A
Maximum Bareland Condominium Units Density
Eight (8) units per ASP area
B
Maximum Single Detached Dwelling Density
One (1) per parcel
C
Maximum Accessory Dwelling Unit Density
One (1) per single-detached dwelling
D
Maximum Staff Accommodation Density
One (1) unit with up to two (2) bedrooms and a
maximum of two (2) bed units per bedroom
B.12.7
STAFF ACCOMMODATION
B.12.7.1 Staff Accommodation where permitted in this District may also be used for housing employees
associated with the maintenance of the grounds and common property operating on site.
B.12.8
ILLUSTRATIONS
Figure 9: CR SETBACK REQUIREMENTS
Rear Yard
Principal
Building Area
Front Yard
Property Line
Side Yard
LEGEND
A
Rear Yard Setback
Principal Building
C
Front Yard Setback
E
Rear Yard Setback
Accessory Building
B
Side Yard Setback Interior
Principal Building
D
Side Yard Setback Exterior
Principal Building
F
Side Yard Setback
Accessory Building
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
50
50
B.13
TOURISM & RECREATION (TR) DISTRICT
B.13.1
PURPOSE
B.13.1.1 The purpose of this District is to provide large parcels of land in rural areas that are suitable
for tourism and recreational uses which have low-impact on the natural environment and are
compatible with the surrounding area and land uses.
B.13.2
USES
B.13.2.1 In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
UNLESS
IDENTIFIED
PLAN 241
0890 &
PLAN 241
0875
PLAN 191
0540
LSD 12; SEC
26; TWP 24;
RGE 8; W5M
LSD 7, 8,
9; SEC 27;
TWP 24;
RGE8; W5M
A
Accessory Building
D-A
D-A
D-A
D-A
D-A
B
Accessory Use to
an approved Use
D-A
D-A on Plan 241
0875 and Plan
241 0890; Block
2; Lot 1 only
D-A
D-A
D-A
C
Accommodation, Staff
D-A
D-A on Plan 241
0890; Block
2; Lot 2 only
D-A
D-A
D-A
D
Accommodation,
Visitor - Major
D-A
X
D-A
X
D-A
E
Accommodation,
Visitor - Minor
D-A
X
D-A
D-A
D-A
F
Agriculture, General
P
X
P
X
P
G
Agriculture, Intensive
D-A
X
X
D-A
D-A
H
Animal Boarding and
Training Services
D-A
X
D-A
D-A
D-A
I
Artisan Shop
D-A
X
X
D-A
D-A
J
Campground
D-A
X
D-A
X
D-A
K
Commercial
Equestrian Centre
D-A
X
D-A
D-MPC
D-A
L
Commercial Outfitting
and Guiding
D-A
X
D-A
D-MPC
D-A
M
Community and
Entertainment Facilities
D-MPC
X
X
X
D-MPC
Bylaw 10-26 Land Use Districts
51
51
A
B
C
D
E
F
G
#
USE
ALL PARCELS
UNLESS
IDENTIFIED
PLAN 241
0890 &
PLAN 241
0875
PLAN 191
0540
LSD 12; SEC
26; TWP 24;
RGE 8; W5M
LSD 7, 8,
9; SEC 27;
TWP 24;
RGE8; W5M
N
Community Buildings
and Facilities
D-MPC
D-A on Plan 241
0890; Block
2; Lot 2 only
D-A
X
X
O
Dwelling Unit,
Accessory Detached
D-A
X
D-A
D-A
D-A
P
Dwelling Unit,
Accessory Attached
D-A
D-A on Plan 241
0875 and Plan
241 0890; Block
2; Lot 1 only
D-A
D-A
D-A
Q
Dwelling Unit, Accessory
on a parcel with an
approved Home-Based
Business - Major
D-MPC
D-MPC
D--MPC
D-MPC
D-MPC
R
Dwelling, Factory Built
D-A
D-A on Plan 241
0875 and Plan
241 0890; Block
2; Lot 1 only
D-A
D-A
D-A
S
Dwelling, Moved-On
D-MPC
D-MPC on
Plan 241 0875
and Plan 241
0890; Block
2; Lot 1 only
D-MPC
D-MPC
D-MPC
T
Dwelling, Single Detached
D-A
P on Plan 241
0875 and Plan
241 0890; Block
2; Lot 1 only
D-A
P
D-A
U
Eating Establishment,
Major
D-A
D-A on Plan 241
0890; Block
2; Lot 2 only
D-A
X
D-A
V
Eating Establishment,
Minor
D-A
D-A on Plan 241
0890; Block
2; Lot 2 only
D-A
D-A
D-A
W
Environmental
Education Facilities
D-A
X
X
D-A
D-A
X
Health and Wellness
Centre
D-A
X
D-A
D-A
D-A
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
52
52
#
USE
ALL PARCELS
UNLESS
IDENTIFIED
PLAN 241
0890 &
PLAN 241
0875
PLAN 191
0540
LSD 12; SEC
26; TWP 24;
RGE 8; W5M
LSD 7, 8,
9; SEC 27;
TWP 24;
RGE8; W5M
Y
Home-Based
Business - Minor
D-A
P on Plan 241
0875 and Plan
241 0890; Block
2; Lot 1 only
D-A
D-A
X
Z
Home-Based
Business - Major
D-MPC
D-MPC on
Plan 241 0875
and Plan 241
0890; Block
2; Lot 1 only
X
X
X
AA
Home-Based Business
- Major on a parcel with
an approved Dwelling
Unit, Accessory
D-MPC
D-MPC
D-MPC
D-MPC
D-MPC
BB
Horticulture, General
D-A
X
X
D-A
D-A
CC
Livestock
P
X
P
P
P
DD
Livestock for greater than
1.0 Animal Unit per 3 acres
and equal to or less than 2.0
Animal Units per 3 acres
D-A
X
D-A
D-A
D-A
EE
Livestock for greater than
2.0 Animal Units per 3 acres
D-MPC
X
D-MPC
D-MPC
D-MPC
FF
Main Amenities Lodge
D-A
D-A on Plan 241
0890; Block
2; Lot 2 only
D-A
X
D-A
GG
Marina
D-A
D-A
X
X
X
HH
Park
D-A
X
X
X
X
II
Personal Service Business
D-A
D-A on Plan 241
0890; Block
2; Lot 2 only
D-A
X
X
JJ
Places of Religious
Assembly
D-A
X
X
X
D-A
KK
Recreation Staging Area
D-A
X
D-A
D-MPC
D-A
LL
Recreation, Country Centre
D-A
X
D-A
X
D-A
MM
Recreation, Outdoor
High Impact
D-MPC
X
X
X
X
NN
Recreation, Outdoor
Nature-Based
D-A
X
D-A
D-A
D-A
Bylaw 10-26 Land Use Districts
53
53
A
B
C
D
E
F
G
#
USE
ALL PARCELS
UNLESS
IDENTIFIED
PLAN 241
0890 &
PLAN 241
0875
PLAN 191
0540
LSD 12; SEC
26; TWP 24;
RGE 8; W5M
LSD 7, 8,
9; SEC 27;
TWP 24;
RGE8; W5M
OO
Retail Store
D-A
D-A on Plan 241
0890; Block
2; Lot 2 only
D-A
D-A
D-A
PP
Retreat, Day Use
& Overnight
D-A
X
D-A
D-A
D-A
QQ
Retreat, Day-Use
D-A
X
D-A
D-A
D-A
RR
Shipping Container
D-A
X
D-A
D-A
D-A
SS
Short-Term Rental - Major
D-A
P on Plan 241
0875 only
D-A
X
D-A
TT
Short-Term Rental - Minor
D-A
P on Plan 241
0875 and Plan
241 0890; Block
2; Lot 1 only
D-A
D-A
D-A
UU
Solar Energy System
- Microgeneration
Stand Alone
D-A
D-A
D-A
D-A
D-A
VV
Tourist Information Centre
D-A
X
D-A
X
D-A
WW
Utility, Public
D-A
D-A on Plan
241 0875 only
D-A
D-A
D-A
XX
Utility, Private
D-A
D-A on Plan
241 0875 only
D-A
D-A
D-A
B.13.3
SIGN REGULATIONS
B.13.3.1 Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
54
54
B.13.4
DISTRICT REQUIREMENTS
B.13.4.1 The requirements listed in Table 19 apply to all parcels in this District:
Table 19: TR DISTRICT REQUIREMENTS
#
USE
ALL PARCELS
UNLESS
IDENTIFIED
PLAN 241 0890 &
PLAN 241 0875
PLAN 191
0540
LSD 12; SEC
26; TWP 24;
RGE 8; W5M
LSD 7, 8,
9; SEC 27;
TWP 24;
RGE8; W5M
A
Max. Dwelling
Units Per Parcel
One (1) Dwelling
Unit + One (1)
Accessory
Dwelling Unit
One (1) per parcel
for Plan 241 0875
and Plan 241 0890;
Block 2; Lot 1, and
zero (0) per parcel
for Plan 241 0890;
Block 2; Lot 2
One (1)
One (1)
One (1)
B
Max. Building Height
- Principal Building
12.0 m (39.4 ft)
13.0 m (42.7 ft)
-
12.0 m (39.4
ft) or four
(4) storeys
12.0 m (39.4
ft) or four
(4) storeys
C
Max. Building Height -
Accessory Building
10.0 m (32.8 ft)
6.0 m (19.7 ft)
6.0 m (19.7 ft)
10.0 m (32.8 ft)
12.0 m (39.4
ft) or four
(4) storeys
D
Max. Building Height
- Amenity Buildings
10.0 m (32.8 ft)
9.0 m (29.5 ft)
9.0 m (29.5 ft)
--
12.0 m (39.4
ft) or four
(4) storeys
E
Min. Rear Yard Setback
- Principal Building
30.0 m (98.4 ft)
See Special
Setbacks below
30.0 m
(98.4 ft)
30.0 m
(98.4 ft)
30.0 m
(98.4 ft)
F
Min. Front Yard Setback
- Principal Building
40.0 m (131.2 ft)
See Special
Setbacks below
40.0 m
(131.2 ft)
5.0 m (16.4 ft)
30.0 m
G
Min. Interior Side Yard
Setback - All buildings
30.0 m (98.4 ft)
See Special
Setbacks below
30.0 m
(98.4 ft)
i) 5.0 m (16.4 ft)
for Permitted
Uses
ii) 10.0 m
(32.8 ft) for
Discretionary
Uses
30.0 m
(98.4 ft)
Bylaw 10-26 Land Use Districts
55
55
A
B
C
D
E
F
G
#
USE
ALL PARCELS
UNLESS
IDENTIFIED
PLAN 241 0875 &
PLAN 241 0890
PLAN 191
0540
LSD 12; SEC
26; TWP 24;
RGE 8; W5M
LSD 7, 8,
9; SEC 27;
TWP 24;
RGE8; W5M
H
Min. Exterior Side
Yard Setback (Corner
Parcels) - All buildings
30.0 m (98.4 ft)
See Special
Setbacks below
--
i) 5.0 m (16.4 ft)
for Permitted
Uses
ii) 10.0 m
(32.8 ft) for
Discretionary
Uses
30.0 m
(98.4 ft)
I
Min. Front Yard Setback
- Accessory Building
--
See Special
Setbacks below
--
i) 5.0 m (16.4 ft)
for Permitted
Uses
ii) 10.0 m
(32.8 ft) for
Discretionary
Uses
--
J
Min. Rear Yard Setback
- Accessory Buildings
--
See Special
Setbacks below
--
30.0 m (98.4 ft)
--
K
Is Subdivision Allowed?
Yes, ASP may
be required.
In accordance
with Concept Plan
and boundary
adjustment only
ASP Required
No
New ASP
Required
*Note: Above setbacks are calculated to the property line, not to the lease boundary, unless as otherwise
determined by the Development Authority.
B.13.4.2 Notwithstanding Table 19 above, the following specialized setbacks shall be required for the
following types of Development:
a) On all parcels unless otherwise identified:
i)
The minimum front yard setback for paintball facilities shall be 100 m (330 ft);
b) For Plan 241 0875:
i)
The minimum yard requirements shall be in accordance with Figure 10.
ii)
Notwithstanding the minimum yard requirements within Figure 10, the minimum rear yard
may be relaxed to a minimum recommended by a Qualified Professional that supports the
request for a variance to the minimum required yard along the Bow River.
c) For Plan 241 0890:
i)
The minimum yard requirements shall be in accordance with Figure 10.
ii)
Notwithstanding the minimum yard requirements within Figure 10, the minimum side and
rear yards may be relaxed to a minimum recommended by a Qualified Professional that
supports the request for a variance to the minimum required yard along the Bow River.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
56
56
Figure 10:
PLAN 241 0890 & PLAN 241 0875 LEGAL LAND LOCATIONS MAP
Bylaw 10-26 Land Use Districts
57
57
A
B
C
D
E
F
G
d) For Plan 191 0540:
i)
The minimum setbacks from the existing water and wastewater treatment plants that
service Plan 241 0875 shall be established by the Government of Alberta.
e) For LSD 12; Sec 26; TWP 24; RGE 8; W5M, the minimum yard requirements for Discretionary
Uses may be relaxed as follows:
i)
To a minimum of 5.0 m (16.4 ft) for front yard and side yards with an approved
variance where there is an obvious advantage obtained from such relaxation in
terms of recognizing existing development or site constraints at the discretion of the
Development Authority.
ii)
To the minimum recommended by a Qualified Professional that supports the request
for a variance to the minimum required rear yard along the Kananaskis River.
f) For LSD 7, 8, 9; Sec 27; TWP 24; RGE 8; W5M, the minimum yard requirements may be relaxed
as follows:
i)
To a minimum of 1.5 m (4.9 ft) with an approved variance where there is a need to
accommodate existing development or its expansion along a common boundary of two
(2) private (titled) properties which have the same landowner.
ii)
To a minimum of 5.0 m (16.4 ft) for front, rear, and side yards with an approved
variance where there is an obvious advantage obtained from such relaxation in
terms of recognizing existing development or site constraints at the discretion of the
Development Authority.
iii)
To the minimum recommended by a Qualified Professional that supports the request
for a variance to the minimum required side yard along the Kananaskis River.
B.13.4.3 Notwithstanding the definition for Short-Term Rental, there shall be no time limits on stays for
Short-Term Rental - Major and Short-Term Rental - Minor uses on all parcels within Plan 241
0875.
B.13.4.4 A Wildlife Impact Assessment shall be submitted for any application for a Discretionary Use on
LSD 12; Sec 26; TWP 24; Rge 8; W5M, unless an exemption has been granted by the Development
Authority.
B.13.5
CONCEPT PLANS & AREA STRUCTURE PLANS
B.13.5.1 All development must be in conformance with any and all approved Concept Plans and Area
Structure Plans.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
58
58
Figure 11: TOURISM RECREATION (TR) DISTRICT LEGAL LAND LOCATIONS MAP
Bylaw 10-26 Land Use Districts
59
59
A
B
C
D
E
F
G
TOURISM & RECREATION
DISTRICT
5;6;30;22;SW
PORTION OF
5;6;29;1;SW AND
5;6;28;35;NE
A PORTION OF
NE-3-27-7-5
(CURRENTLY DC-1)
5;10;24;26;NW &
A PORTION OF
5;10;24;26;SW
(CROWN)
5;6;26;27;NE
2410890, 2410875,
1910540 & DML TCL870196
CROWN
PORTION TO
THE NORTH
AND EAST OF
PLAN 2012056
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
60
60
B.14
HIGHWAY COMMERCIAL (HWY-C) DISTRICT
B.14.1
PURPOSE
B.14.1.1 The purpose of this District is to allow for a range of commercial uses that provide services to the
traveling public and to the local residents.
B.14.2
USES
B.14.2.1 In accordance with "Part E. Authorities and Procedures" uses that may be approved in this
District are listed in the chart below:
#
USE
DEAD MAN'S
FLATS
HARVIE HEIGHTS
SCOTT LAKE
ALL OTHER
PARCELS
A
Accessory Building
D-A
P
D-A
D-A
B
Accessory Use to an approved Use
D-A
D-A
D-A
D-A
C
Accommodation, Flex
D-MPC
X
X
X
D
Accommodation, Staff
D-MPC
D-MPC
D-MPC
D-MPC
E
Accommodation, Visitor - Major
D-A
D-A
X
D-A
F
Accommodation, Visitor - Minor
D-A
D-A
D-A
D-A
G
Artisan Shop
P
P
P
P
H
Dwelling Unit, Accessory Attached
D-A
X
D-A
D-A
I
Dwelling Unit, Accessory Detached
D-A
X
D-A
D-A
J
Eating Establishment, Drive-Through
X
X
D-A
D-A
K
Eating Establishment, Major
P
P
P
P
L
Eating Establishment, Minor
P
P
P
P
M
Government Services
P
D-A
D-A
D-A
N
Medical Services
D-A
D-A
X
D-A
O
Office
P
D-A
X
P
P
Personal Service Business
P
P
X
P
Q
Recreation Facilities
X
D-A
X
P
R
Retail Store
P
P
P
P
S
Retail, Cannabis
D-MPC
X
X
X
T
Retail, Liquor Store
D-MPC
X
X
X
U
Solar Energy System -
Microgeneration Stand Alone
X
X
D-A
D-A
V
Tourist Information Centre
P
X
P
P
W
Utility, Public
D-A
D-A
D-A
D-A
X
Vehicle - Service Station
P
X
P
P
Y
Vehicle - Truck Service Centre
X
X
D-MPC
D-MPC
Z
Wind Energy Conversion System
(WECS), Microgeneration
X
X
D-MPC
D-MPC
Bylaw 10-26 Land Use Districts
61
61
A
B
C
D
E
F
G
B.14.3
SIGNAGE REGULATIONS
B.14.3.1 Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
B.14.4
DISTRICT REQUIREMENTS
B.14.4.1 The requirements listed in Table 20 apply to all parcels in this District:
Table 20: HWY-C DISTRICT REQUIREMENTS
#
REQUIREMENT
DEAD MAN'S FLATS
HARVIE HEIGHTS
SCOTT LAKE
A
Min. Parcel Area
0.3 ha (0.7 ac)
0.7 ha (1.7 ac).
0.8 ha (2.0 ac).
B
Min. Parcel Width
40.0 m (131.2 ft)
50.0 m (164.0 ft).
60.0 m (196.9 ft).
C
Max. Density
Two (2) Accessory
Dwelling Units per Parcel
N/A
N/A
D
Max. Building Height
13.5 m (44.3 ft)
Four (4) storeys
9.0 m (29.5 ft)
E
Min. Front Yard Setback
- All Buildings
3.0 m (9.8 ft)
5.0 m (16.4 ft)
8.0 m (26.2 ft)
F
Min. Rear Yard Setback
- All Buildings
3.0 m (9.8 ft)
See Table 22 and
Figure 12 below
10.0 m (32.8 ft)
G
Min. Side Yard Setback
- All Buildings
3.5 m (11.5 ft), except
one side adjacent to
a commercial lot
may be reduced to a
zero-yard setback
3.0 m (9.8 ft)
3.5 m (11.5 ft)
H
Min. Yard Setback - Primary
Building from primary highway
40.0 m (131.2 ft)
N/A
N/A
B.14.5
WATER RESTRICTIONS
B.14.5.1 Any use that, in the sole discretion of the Development Authority, has the potential to consume
a significant amount of water shall not be approved in Harvie Heights in accordance with the
approved maximum capacities for the hamlet set out in the applicable Water and Wastewater
Agreement with the Town of Canmore.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
62
62
Table 21: HWY-C DISTRICT HARVIE HEIGHTS SETBACKS
#
PLAN
BLOCK
LOT
MINIMUM REAR YARD SETBACK
A
793 JK
23
1
10.0 m (32.8 ft)
B
793 JK
23
2
10.0 m (32.8 ft)
C
793 JK
23
3
10.0 m (32.8 ft)
D
793 JK
23
4
6.0 m (19.7 ft)
E
793 JK
23
5
10.0 m (32.8 ft)
F
170 JK
24
1
18.0 m (59.1 ft)
G
891 0713
24
6
18.0 m (59.1 ft)
H
891 0713
24
7
18.0 m (59.1 ft)
I
170 JK
24
3
18.0 m (59.1 ft)
Figure 12:
HARVIE HEIGHTS YARD SETBACKS FOR IRREGULAR HWY-C PARCELS
Bylaw 10-26 Land Use Districts
63
63
A
B
C
D
E
F
G
B.14.6
ADDITIONAL SETBACK AREA IN HARVIE HEIGHTS
B.14.6.1 No development, except fencing and landscaping, shall be permitted in the shaded setback area
as indicated in Figure 13 on Plan 170 JK; Block 24; Lot 1.
Figure 13:
ADDITIONAL SETBACK AREA IN HARVIE HEIGHTS
B.14.7
ADDITIONAL REQUIREMENTS - DEAD MAN'S FLATS
B.14.7.1 The following apply to all HWY-C parcels located in the Hamlet of Dead Man's Flats:
a) Screening
i)
All sites abutting a residential District shall be screened to the satisfaction of the
Development Authority.
ii)
Uses which involve the outside storage of goods, machinery, vehicles, building
materials, waste materials and other similar objects shall be screened from adjacent
sites and roads, through the use of fences, berms, landscaping, or a combination
thereof, to the satisfaction of the Development Authority.
iii)
All mechanical equipment shall be adequately screened from adjacent sites and roads,
and shall be sited in a location to not cause a nuisance to adjacent residential uses.
b) Landscaping
i)
A minimum of 10% of the total site area shall be landscaped, excepting Visitor
Accommodation uses shall landscape a minimum of 20% of the total site area in
accordance with an approved landscaping plan.
ii)
Landscaping shall be primarily located within the front yard.
iii)
Outdoor amenity space, including but not limited to plazas, patios and pedestrian
gathering spaces that blend with the natural environment may be included in the total
landscaped area.
c) Parking
i)
Up to 30% of the required parking may be dedicated for bus parking provided that
adequate maneuvering space is incorporated into the site design.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
64
64
d) Accessory Dwelling Units
i)
Accessory Dwelling Units shall have a separate access at grade from the principal
commercial use and may be located to the rear or above the principal commercial use.
e) Liquor store
i)
Liquor stores shall not be a standalone building but may be allowed in a space or unit
within a larger commercial development.
B.14.8
ADDITIONAL REQUIREMENTS - HARVIE HEIGHTS
B.14.8.1 The following apply to all HWY-C parcels located in the Hamlet of Harvie Heights:
a) Building Height
i)
A maximum height relaxation of 2.7 m (8.9 ft) may be allowed over 30% of the total
development footprint if, in the opinion of the Development Authority, the architectural
presentation of the development will be appreciably enhanced.
b) Landscaping
i)
Landscaping shall be completed according to an approved landscaping plan stamped
by an accredited Landscape Architect.
ii)
Outdoor amenity space, including but not limited to plazas, patios and pedestrian
gathering spaces that blend with the natural environment may be included in the total
landscaped area.
c) Fencing and Retaining Walls
i)
An opaque fence with a minimum height of 1.8 m (5.9 ft) shall be erected on the rear
property line or any property line adjacent to a residential lot. Where the location of
the fence would be, in the opinion of the Development Authority, inappropriate due to
slope, the removal of existing vegetation or similar factors, the Development Authority
shall define the required fence alignment.
ii)
Fences and retaining walls shall be designed and constructed of durable natural
materials such as rock or wood.
d) Staff Accommodation
i)
The provision of Staff Accommodation units as an Accessory Use to the principal
Visitor Accommodation use shall be limited to a maximum density of one (1) Bed Unit
per twelve (12) guest units
ii)
A single manager suite may be approved at the discretion of the Development Authority,
in addition to other Staff Accommodation units.
B.14.9
ADDITIONAL REQUIREMENTS - SCOTT LAKE
B.14.9.1 The following apply to all HWY-C parcels located in the Scott Lake Area Structure Plan:
a) Visitor Accommodations
i)
Notwithstanding Section "B.14.8 Additional Requirements - Harvie Heights", a
building for Visitor Accommodations may be allowed to be up to a maximum of 12.0 m
(39.4 ft) in height (three [3] storeys), provided that:
(1)
At least 80% of the required parking is located within a parking structure; and
(2)
At least 30% of the site is landscaped.
Bylaw 10-26 Land Use Districts
65
65
A
B
C
D
E
F
G
b) Screening
i)
All sites abutting a residential District shall be screened to the satisfaction of the
Development Authority.
ii)
All areas used for outdoor storage shall be screened from adjacent sites and roadways to
the satisfaction of the Development Authority.
iii)
All mechanical equipment shall be adequately screened from adjacent sites and roads,
and shall be sited in a location to not cause a nuisance to adjacent residential uses.
c) Landscaping
i)
A minimum of 25% of the total site area shall be landscaped in accordance with an
approved landscaping plan.
ii)
Landscaping shall be primarily located within the front yard.
iii)
Outdoor amenity space, including but not limited to plazas, patios and pedestrian
gathering spaces that blend with the natural environment may be included in the total
landscaped area.
d) Parking
i)
At the discretion of the Development Authority, up to 10% of the required parking may
be dedicated for bus, Recreational Vehicle or truck parking provided that adequate
maneuvering space is incorporated into the site design.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
66
66
B.15
RURAL INDUSTRIAL (R-ID) DISTRICT
B.15.1
PURPOSE
B.15.1.1 The purpose of this District is to provide land for development of a variety of industries which are
not compatible in a hamlet and typically require larger sites or larger buildings, while considering
adjacent land uses and the natural environment. Such industries may carry out a portion of their
operation outdoors or require outdoor storage areas, do not require municipal services, and are
located on sites close to primary transportation corridors.
B.15.2
USES
B.15.2.1 In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
SPECIFIC RULES
A
Accessory Buildings
P
D.1
B
Accessory Use to an approved Use
D-A
C
Bulk Fuel Storage and Sales
D-MPC
D
Contractor Services
P
E
Construction Materials Recycling
D-MPC
F
Data Centre
D-MPC
D.4.3 & E.2.4.1
G
Data Centre and Power Generation Facility
D-MPC
D.4.3 & E.2.4.1
H
Horticultural, General
D-A
I
Industrial Work Camp
D-MPC
D.4.7
J
Industrial, Heavy
D-MPC
K
Industrial, Light
D-A
L
Industrial, Medium
D-A
M
Logging
D-A
C.4.7 & E.2.4.5
N
Office
P
O
Portable Batch Plant
D-MPC
P
Sawmill
D-MPC
Q
Shipping Container
P
D.1.2
R
Solar Energy System - Microgeneration Stand Alone
D-A
D.4.9
S
Storage, Commercial Recreational Vehicles
D-A
D.3.1
T
Storage, Indoor
P
U
Storage, Outdoor
D-A
V
Utility, Public
D-A
W
Vehicle - Auto Body Services
D-MPC
Bylaw 10-26 Land Use Districts
67
67
A
B
C
D
E
F
G
X
Vehicle - Auto Rentals, Repair Services and Sales
D-A
Y
Vehicle - Service Station
D-A
D.8.1
Z
Vehicle - Truck Service Centre
D-A
AA
Waste and Recycling Facility
D-MPC
Construction
Recycling Only
BB
Wind Energy Conversion System
(WECS), Microgeneration
D-MPC
D.4.6
B.15.3
SIGNAGE REGULATIONS
B.15.3.1 Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
B.15.4
DISTRICT REQUIREMENTS
B.15.4.1 The requirements listed in Table 22 apply to all parcels in this District:
Table 22: R-ID DISTRICT REQUIREMENTS
#
REQUIREMENT
ALL PARCELS
A
Min. Parcel Area
1.0 ha (2.5 ac)
B
Max. Building Height
18 .0 m (59.0 ft)
C
Min. Front Yard Setback
10.0 m (32.8 ft)
D
Min. Rear Yard Setback
8.0 m (26.2 ft)
E
Min. Side Yard Setback
6.0 m (19.7 ft)
F
Min. Yard Setback adjacent
to residential District
23.0 m (75.5 ft)
G
Is Subdivision Allowed?
Yes
B.15.5
SCREENING REQUIREMENTS
B.15.5.1 Uses which involve the outside storage of goods, machinery, vehicles, building materials, waste
materials and other similar objects shall be screened from adjacent sites and roadways, through
the use of fences, berms, landscaping, or a combination thereof, to the satisfaction of the
Development Authority.
B.15.6
FENCING REQUIREMENTS
B.15.6.1 The maximum height of fencing in the Rural Industrial (R-ID) District is 2.4 m (8.0 ft).
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
68
68
B.15.7
ILLUSTRATIONS
Figure 14:
R-ID SETBACK REQUIREMENTS
Rear Yard
Principal
Building Area
Front Yard
Property Line
Side Yard
LEGEND
A
Rear Yard Setback
Principal Building
C
Front Yard Setback
E
Rear Yard Setback
Accessory Building
B
Side Yard Setback Interior
Principal Building
D
Side Yard Setback Exterior
Principal Building
F
Side Yard Setback
Accessory Building
Bylaw 10-26 Land Use Districts
69
69
A
B
C
D
E
F
G
B.16
NATURAL RESOURCE (NR) DISTRICT
B.16.1
PURPOSE
B.16.1.1 The purpose of this District is to provide for the development and diversification of natural resource
extractive and related processing industries, while considering adjacent land uses and the natural
environment.
B.16.2
USES
B.16.2.1 In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
SPECIFIC RULES
A
Accessory Building
P
D.1
B
Accessory Use to an approved Use
D-A
C
Aquaculture
D-MPC
D
Construction Materials Recycling
D-MPC
E
Composting Facility
D-MPC
F
Dwelling, Factory Built (accessory to an
approved Natural Resource Extraction use)
D-A
Accessory to Resource
Extraction Use Only
G
Dwelling, Single Detached (accessory to an
approved Natural Resource Extraction use)
D-A
Accessory to Resource
Extraction Use Only
H
Horticultural, General
D-A
I
Kennel, Commercial
D-MPC
D.2.4
J
Log Sorting and Transportation Staging Area
D-MPC
K
Logging
P
C.4.7 & E.2.4.5
L
Natural Resource Extraction
D-MPC
D.4.1
M
Natural Resource Extraction and Processing
D-MPC
N
Natural Resource Extraction Facility Addition
D-A
O
Portable Batch Plant
D-MPC
P
Shipping Container
P
D.1.2
Q
Solar Energy System - Microgeneration Stand Alone
D-A
D.4.9
R
Storage, Industrial
D-A
S
Storage, Outdoor
D-A
T
Utility, Public
D-A
U
Recycling Facility
D-MPC
V
Wind Energy Conversion System (WECS), Commercial
D-MPC
D.4.5
W
Wind Energy Conversion System
(WECS), Microgeneration
D-MPC
D.4.6
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
70
70
B.16.3
SIGNAGE REGULATIONS
B.16.3.1 Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
B.16.4
DISTRICT REQUIREMENTS
B.16.4.1 The requirements listed in Table 23 apply to all parcels in this District:
Table 23: NR DISTRICT REQUIREMENTS
#
REQUIREMENT
ALL PARCELS
A
Min. Front Yard Setback - All Buildings
40.0 m (131.2 ft)*
B
Min. Rear Yard Setback - All Buildings
30.0 m (98.4 ft)*
C
Min. Side Yard Setback - All Buildings
30.0 m (98.4 ft)*
*Note: Above setbacks are calculated to the property line, not to the lease boundary,
unless as otherwise determined by the Development Authority.
D
Subdivision of Land
Not Permitted
B.16.5
SCREENING REQUIREMENTS
B.16.5.1 Uses which involve the outside storage of goods, machinery, vehicles, building materials, waste
materials and other similar objects shall be screened from adjacent sites and roadways, through
the use of fences, berms, landscaping, or a combination thereof, to the satisfaction of the
Development Authority.
Bylaw 10-26 Land Use Districts
71
71
A
B
C
D
E
F
G
B.17
TRANSFER OF SUBDIVISION DENSITY (TSD) DISTRICT
B.17.1
PURPOSE
B.17.1.1 The purpose of this District is to allow for residential and supporting land uses on a receiving
parcel in the Jamieson Road Policy Area under the Municipal Development Plan that has been
subject to a Transfer of Subdivision Density program. Land uses, subdivision and development
standards will be in accordance with the Municipal Development Plan and approved Area Structure
Plan policies regarding the District.
B.17.2
USES
B.17.2.1 In accordance with"Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
SPECIFIC RULES
A
Accessory Buildings
P
D.1
B
Accessory Use to an approved Use
D-A
C
Agriculture, General
P
D
Community Garden
P
E
Dwelling, Factory Built
D-A
D.6.3
F
Dwelling, Single Detached
P
G
Dwelling, Moved-On
D-A
D.6.6
H
Home-Based Business - Major
D-A
D.6.4
I
Home-Based Business - Minor
P
D.6.4
J
Livestock
D-A
D.2.2
E.2.4.3
E.2.4.4
K
Recreation Facilities
D-A
L
Recreation, Outdoor Nature-Based
D-A
M
Shipping Container
D-A
D.1.2
N
Solar Energy Conversion System - Microgeneration
D-A
O
Storage, Indoor
D-A
P
Storage, Outdoor
D-A
Q
Wind Energy Conversion System
(WECS) - Microgeneration
D-A
D.4.6
R
Utility, Private
D-A
S
Utility, Public
D-A
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
72
72
B.17.3
DISTRICT REQUIREMENTS
B.17.3.1 The requirements listed in Table 24 apply to all parcels in this District:
Table 24: TSD DISTRICT REQUIREMENTS
#
REQUIREMENT
ALL PARCELS
A
Entire receiving parcel
In accordance with Municipal Development
Plan and Area Stucture Plan policies
B
Individual Lots
One (1) Dwelling Unit / lot
BUILDING REQUIREMENTS
C
Max. Building Height - Principal Buildings
12.0 m (39.4 ft)
D
Max. Building Height - Accessory
buildings associated with a dwelling
6.0 m (19.7 ft)
E
Max. Building Height - Other
accessory buildings
14.0 m (45.9 ft)
F
Min. Habitable Ground Floor Area
55.0 m2 (592.0 ft2)
G
Min. Front Yard Setback - Principal Building
6.0 m (19.7 ft)
H
Min. Rear Yard Setback - Principal Building
6.0 m (19.7 ft)
I
Min. Side Yard Setback - Principal Building
6.0 m (19.7 ft)
J
Min. Setbacks - Accessory Buildings
3.0 m (9.8 ft)
K
Min. Setbacks from ASP Boundary - All Buildings
30.0 m (98.4 ft)
B.17.4
SUBDIVISION REGULATIONS
B.17.4.1 The maximum number of lots per quarter section shall be in accordance with the Municipal
Development Plan and any applicable Area Structure Plan.
B.17.4.2 The minimum area of the entire receiving parcel shall be 16.0 ha (39.5 ac).
B.17.4.3 The minimum area of individual lots or Bareland Condominium units shall be 0.4 ha (1.0 ac).
B.17.4.4 The District permits the creation of Bareland Condominium units under the Condominium
Property Act, but not individual units situated within a building. Freehold lots may also be created.
Bylaw 10-26 Land Use Districts
73
73
A
B
C
D
E
F
G
B.17.5
ADDITIONAL REGULATIONS
B.17.5.1 Design Guidelines: The design of the units/lots and structures in the District shall be in
accordance with an Area Structure Plan and Municipal Development Plan policies regarding the
District.
B.17.5.2 Driveway Approach: Driveway approaches to individual units/lots shall in all cases be by internal
roads and driveways constructed for the subdivision in accordance with the requirements of an
Area Structure Plan.
B.17.5.3 Road rights-of-way required as part of the subdivision/condominium process must be designed in
accordance with the Area Structure Plan for the subject lands.
B.17.5.4 Transfer of Subdivision Density Requirements: Sending and receiving parcels shall be located
within the Jamieson Road Policy area as defined within the Municipal Development Plan.
B.17.5.5 Subdivision that would create new residential lots on a receiving parcel exceeding four (4)
lots per quarter section shall not be approved unless and until the Applicant has registered a
Conservation Easement against the title of one (1) or more sending parcels in the NPA District.
B.17.6
SIGNAGE REGULATIONS
B.17.6.1 Refer to Section "D.7 Signage", for a list of signs that are Permitted and Discretionary Uses within
this District.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
74
74
B.18
NATURAL & PROTECTED AREAS (NPA) DISTRICT
B.18.1
PURPOSE
B.18.1.1 The purpose of this District is to conserve important natural areas, and/or allow for limited land
uses and development on parcels with a Conservation Easement which may be part of a Transfer
of Subdivision Density program.
B.18.2
USES
B.18.2.1 In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
A
Agriculture, General
P
B
Accessory Buildings and Structures
D-A
C
Livestock
P
D
Livestock for equal to or less than 2.0 Animal Unit per 3
acres (unless permitted in a Conservation Easement)
D-A
E
Livestock for greater than 2.0 Animal Units per 3 acres
(unless permitted in a Conservation Easement)
D-MPC
F
Uses in accordance with a Conservation
Easement registered on the Land Title
D-A
B.18.3
DISTRICT REQUIREMENTS
B.18.3.1 The requirements listed in apply to all parcels in this District:
Table 25: NPA DISTRICT REQUIREMENTS
#
REQUIREMENT
ALL PARCELS WITHIN A TSD
PROGRAM
ALL PARCELS NOT WITHIN A
TSD PROGRAM
A
Density - Min. Sending
Parcel Area
32.0 ha (79.1 ac).
N/A
B
Max. Building Height
10.0 m (32.8 ft)
10.0 m (32.8 ft)
C
Min. Front Yard Setback
40.0 m (131.2 ft)
6.0 m (19.6 ft)
D
Min. Rear Yard Setback
30.0 m (98.5 ft)
6.0 m (19.6 ft)
E
Min. Side Yard Setback
30.0 m (98.5 ft)
3.0 m (9.8 ft)
Bylaw 10-26 Land Use Districts
75
75
A
B
C
D
E
F
G
B.18.4
ADDITIONAL REQUIREMENTS
B.18.4.1 Where a parcel is part of a Transfer of Subdivision Density program:
a) The Applicant shall enter into a Conservation Easement, which shall be registered on the
sending parcels by a qualified organization in accordance with provincial legislation;
b) Any subdivision and development that is not in accordance with the terms of a registered
Conservation Easement on the sending parcels, shall be prohibited in perpetuity; and
c) The Applicant shall provide a fund to cover the costs of preparation of the Conservation
Easement and to ensure the on-going management of the land pursuant to the
Conservation Easement.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
76
76
B.19
DISTRICT CONTROL (DC-1) DISTRICT
B.19.1
PURPOSE
B.19.1.1 The purpose of this District is to allow for a Group Home - Major, General Agriculture and
associated uses on a 60.7 ha (150.0 ac) portion (the remainder) of NW-20-26-6-W5M, located
adjacent to Jamieson Road.
B.19.2
USES
B.19.2.1 In accordance with "Part E. Authorities and Procedures", uses that may be approved in this
District are listed in the chart below:
#
USE
ALL PARCELS
A
Accessory Building
D-A
B
Accessory Use to an approved use
D-A
C
Accommodation, Staff
D-MPC
D
Agriculture, Intensive
D-A
E
Agriculture, General
P
F
Dwelling, Factory Built
P
G
Dwelling, Single Detached
P
H
Farm Structure
P
I
Group Home - Minor
D-MPC
J
Group Home - Major
D-MPC
K
Home-Based Business - Minor
P
L
Livestock
P
M
Livestock for greater than 1.0 Animal Unit per 3 acres and
equal to or less than 2.0 Animal Units per 3 acres
D-A
N
Livestock for greater than 2.0 Animal Units per 3 acres
D-MPC
O
Logging
D-A
P
Utility, Public
D-A
Q
Shipping Container
D-A
R
Signs (Fence, Freestanding)
P
S
Solar Energy System - Microgeneration Stand Alone
D-A
T
Value-Added Agricultural Industry
D-MPC
U
Wind Energy Conversion Systems (WECS), Microgeneration
D-MPC
B.19.3
SUBDIVISION REGULATIONS
B.19.3.1 There shall be no further subdivision of lots within this District.
Bylaw 10-26 Land Use Districts
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77
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B
C
D
E
F
G
B.19.4
DISTRICT REQUIREMENTS
B.19.4.1 The requirements listed in apply to all parcels in this District:
Table 26: DC-1 DISTRICT REQUIREMENTS
#
REQUIREMENT
A
Density - Group Home - Major
Maximum five (5) units
B
Density - Staff Accommodation
Maximum five (5) units
SETBACKS
C
Minimum Front Yard Setback
40.0 m (131.2 ft)
D
Minimum Rear Yard Setback
30.0 m (98.4 ft)
E
Minimum Side Yard Setback
30.0 m (98.4 ft)
BUILDING HEIGHT
F
Maximum Height - Principal Building
12.0 m (39.4 ft)
G
Maximum Height - Accessory Buildings
10.0 m (32.8 ft)
FLOOR AREA
H
Minimum Habitable Ground Floor
55.0 m2 (592.0 ft2)
B.19.5
DECISION AUTHORITY
B.19.5.1 Council delegates decision-making authority to the Development Authority for decisions in this
District in accordance with this Bylaw.
a) Permitted Uses (P), Discretionary Uses - Admin (D-A), and Discretionary Uses - MPC (D-MPC)
shall be decided in accordance with this Bylaw in Part E.
B.19.6
ADDITIONAL REGULATIONS
B.19.6.1 Group Home - Major and Staff Accommodations
a) The units associated with the Group Home - Major and Staff Accommodation may be
contained within individual buildings or within a Factory Built Dwelling.
b) A maximum of six (6) Principal Buildings shall be used in association with the Group Home -
Major and Staff Accommodation.
c) Staff Accommodation shall only be allowed as a use when it is associated with a Group Home
- Major.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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Part C.
GENERAL DEVELOPMENT REGULATIONS
Bylaw 10-26 GENERAL DEVELOPMENT REGULATIONS
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B
C
D
E
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C.1
GENERAL REGULATIONS
C.1.1
APPLICABILITY
C.1.1.1
The following general regulations shall apply to all developments within the M.D., unless otherwise
exempted in this part.
C.1.1.2
Where there is a conflict between regulations in this part and those in a District under Part B, the
District regulations shall take precedence.
C.1.2
OBJECTS PROHIBITED OR RESTRICTED
C.1.2.1
The onsite management, processing or disposal of waste produced off-site, including but not
limited to solid waste, biosolids, agricultural and industrial waste, and recycling materials shall be
prohibited, unless a valid Development Permit has been issued by the Development Authority.
C.1.2.2
In all Hamlet Residential, Country Residential, Commercial, and Mixed-Use Districts, no person
shall be allowed to maintain in public view:
a) Any excavation, storage or piling up of materials required during a construction stage that
remains longer than necessary in the opinion of the Development Authority; or
b) Any unsightly object which, in the opinion of the Development Authority, is unsightly or tends
to adversely affect the amenities of the District.
C.1.2.3
In all Hamlet Residential, Country Residential, Commercial, and Mixed-Use Districts , no person
shall be allowed to park or store:
a) An industrial vehicle or Commercial Vehicle, including but not limited to tractor trailers, semi-
trailers, vehicles for eleven (11) passengers or more, dump trucks or cube vans for longer than
is necessary to load or unload the vehicle as determined by the Development Authority; and
b) Equipment used for industrial or commercial purposes, such as trailers, loaders, backhoes
and other related equipment, except when such vehicle is required pursuant to a Development
Permit for that site.
C.1.2.4
Notwithstanding Section C.1.2.3, a Commercial Vehicle which is used regularly for full/part time
employment or is approved as part of a Home Based Business - Major is permitted.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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80
C.1.3
RELOCATION OF BUILDINGS
Note: Moved-on Dwelling regulations are found in Section D.6.6
C.1.3.1
Approval of a Development Permit for the relocation of a building shall require that:
a) The building and the proposed location of the building meet the requirements of the Land Use
District in which the building is to be relocated; and
b) The building meets the requirements of the National Building Code - Alberta Edition.
C.1.3.2
The Development Authority may issue a Development Permit for the proposed relocated
building with or without conditions as deemed necessary to ensure that the building is renovated
to a satisfactory condition.
C.1.3.3
The Development Authority may require the Applicant to:
a) Renovate the relocated building to a satisfactory condition, as a condition of the
Development Permit;
b) Provide a security deposit for 125% of the estimated cost of the renovations to:
i)
Guarantee the satisfactory and timely completion of the work as outlined in the
Development Permit application and the conditions of the permit;
ii)
Indemnify the Municipality against any damages that may occur to public utilities,
roads or sidewalks as a result of relocating a building; and
c) Enter into an agreement, particularly in regard to the completion of the proposed renovations
within a specified time period.
C.2
SITE ORIENTATION AND DESIGN
C.2.1
CORNER LOTS
C.2.1.1
The front yard of a corner lot shall be on the same road as the front yard of the abutting
properties, having regard to the orientation of lots on the same block face (Figure 15).
C.2.1.2
The Development Authority may require secondary frontage on a corner lot based on access to
the development. (Figure 15).
C.2.1.3
The Development Authority shall determine the front yard, rear yard, and side yards on
irregularly shaped lots in accordance with this Bylaw. (Figure 15)
C.2.1.4
For lots other than corner lots with a secondary frontage, the Development Authority shall
determine which lot line is the front yard setback and which is the rear yard setback, which would
be based on the building orientation, traffic flow, primary access to the site, or historical approvals
and have consideration for the available building envelope.
Bylaw 10-26 GENERAL DEVELOPMENT REGULATIONS
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B
C
D
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Figure 15:
LOT ORIENTATION
C.2.2
DESIGN, CHARACTER AND APPEARANCE
C.2.2.1
All sides of a building that face a highway or public road shall be treated as a principal façade and
be finished to the satisfaction of the Development Authority.
C.2.2.2
Architectural Controls for developments will be developed and administered by the Developer or
landowners.
C.2.2.3
The following additional requirements apply to all Dwelling Units in Hamlets:
a) An attached garage facing the road should not dominate the Dwelling Unit front façade and
should not protrude from the main façade more than 3.0 m (9.84 ft).
C.2.3
INTERSECTION SIGHT LINE TRIANGLES
C.2.3.1
No person shall place or maintain any structure, fence, sign, landscaping or similar object that is
higher than 1.0 m (3.3 ft) in height measured from grade, which may restrict visibility from a public
road and therefore create a safety hazard within any intersection sight line triangles on corner sites
as per Sections C.2.3.2 and C.2.3.3 (see Figure 16 and Figure 17).
C.2.3.2
For sites located outside a hamlet, intersection sight line triangles are measured by drawing a 30.0
m (98.4 ft) straight line from the corner point along the exterior boundary of each road frontage,
and the exterior boundaries of the site by 30.0 m (98.4 ft) from the point where they intersect (see
"Figure 16: Intersection Sight Line Triangles in Non-Hamlet Districts").
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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82
Figure 16:
INTERSECTION SIGHT LINE
TRIANGLES IN NON-HAMLET
DISTRICTS
C.2.3.3
For sites located in hamlets, intersection sight line triangles are measured by drawing a 7.5 m
(24.61 ft) straight line from the corner point along the exterior boundary of each road frontage,
and the exterior boundaries of the site by 7.5 m (24.61 ft) from the point where they intersect (see
"Figure 17: Intersection Sight Line Triangles in Hamlet Districts").
Figure 17:
INTERSECTION SIGHT
LINE TRIANGLES IN
HAMLET DISTRICTS
C.2.4
PERMITTED PROJECTIONS INTO YARD SETBACKS
C.2.4.1
In all Districts, the minimum yard setbacks do not apply to:
a) Construction wholly beneath the surface of the ground;
b) Patios and sidewalks;
c) Fences and retaining walls; and
d) Farm dugouts.
Bylaw 10-26 GENERAL DEVELOPMENT REGULATIONS
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B
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C.2.4.2
In Hamlet Districts, portions of buildings located above ground may project over or into a required
yard setback, without a variance, as shown in "Figure 18: Visualization of Permitted Projections
into Yard Setbacks" and "Table 27: Permitted Projections In Yard Setbacks", and where
applicable, in accordance with the National Building Code - Alberta Edition.
Table 27: PERMITTED PROJECTIONS IN YARD SETBACKS
#
STRUCTURE
MAXIMUM PERMITTED PROJECTION
FRONT YARD
REAR YARD
SIDE YARD
A
Balcony,
Cantilevered Wall
0.6 m (2.0 ft)
0.6 m (2.0 ft)
None
B
Bay Window
1.0 m (3.3 ft)
1.0 m (3.3 ft)
0.6 m (2.0 ft), but in no case
shall be closer than 1.2 m
(4.0 ft) to a property line
C
Chimney
0.6 m (2.0 ft)
0.6 m (2.0 ft)
0.6 m (2.0 ft), but in no case
shall be closer than 1.2 m
(4.0 ft) to a property line
D
Deck, Unenclosed
Porch
1.0 m (3.3 ft)
2.0 m (6.6 ft)
None
E
Exterior Steps,
Stairway or Landing
2.0 m (6.6 ft)
2.0 m (6.6 ft)
No structures 0.6 m (2.0 ft) or
greater in height above grade
F
Sills, Eaves, Gutters
0.6 m (2.0 ft)
0.6 m (2.0 ft)
0.6 m (2.0 ft)
G
Air Conditioning
/ HVAC Units
None
None
0.6 m (2.0 ft), but in no case
shall be closer than 0.5 m
(1.6 ft) to a property line
H
Hot Tubs
None
Shall be no closer than 1.2 m (4.0 ft) of a property line
C.2.4.3
Wheelchair ramps may be permitted to encroach into any required yard setback, at the discretion
of the Development Authority, provided the ramp does not impede fire access to or around the
building.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
84
84
Figure 18:
VISUALIZATION OF PERMITTED PROJECTIONS INTO YARD
SETBACKS
C.2.5
GARBAGE AND RECYCLING
C.2.5.1
Every development shall contain all garbage and recycling material in:
a) Animal proof and weatherproof containers; and
b) Designed and located for easy pick-up for offsite disposal.
C.2.6
SCREENING
C.2.6.1
The following shall be screened from the public roads, pedestrian pathways and residential
properties, and sited in a location to not cause a nuisance to adjacent residential uses:
a) Garbage and recycling enclosures on private property;
b) Outdoor storage areas; and
c) Roof top mechanical equipment.
C.2.6.2
Notwithstanding Section C.2.6.1 above, additional screening may be required at the discretion of
the Development Authority to mitigate impacts between:
a) Commercial parking and loading areas and residential properties;
b) Non-residential properties adjacent to residential properties; and
c) Adjacent residential properties in hamlets where structures are located less than 2.0 m (6.6 ft)
from the side property line and overlook directly into private areas of the neighbouring property.
C.2.6.3
Screening required under Section C.2.6 or any other section of this Bylaw may be achieved by
implementing one (1) or more of the following, to the satisfaction of the Development Authority:
a) Opaque fences built to a minimum height of 1.8 m (5.9 ft) (See "Figure 19: Screening");
b) Landscaping, where it is compliant with wildfire mitigation design best practices; and/or
c) Berms.
Bylaw 10-26 GENERAL DEVELOPMENT REGULATIONS
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Figure 19:
SCREENING
C.3
VEHICLE ACCESS, PARKING AND STORAGE
C.3.1
VEHICLE ACCESS AND CIRCULATION
C.3.1.1
Sites shall be designed to provide for adequate vehicular access/egress and safe on-site
maneuvering, which may include an on-site turning area that allows vehicles to exit the site facing
the roadway.
C.3.2
DRIVEWAY APPROACHES
Approving Authorities
C.3.2.1
All driveway approaches onto a highway shall be approved by the applicable highway authority.
C.3.2.2
The location and number of driveway approaches onto a road controlled by the M.D., shall be at
the discretion of the Development Authority.
C.3.2.3
In all Districts, the driveway approach shall conform to the M.D.'s policies and regulations, as
applicable, and an approved Driveway Approach Permit is required.
General Design Standards
C.3.2.4
All driveway approaches shall:
a) Be located a minimum distance of 2.0 m (6.66 ft) from all above ground infrastructure such as
hydrants, power poles, utility installations, and other road furnishings;
b) Not be located within a sight line triangle (see Section C.2.3); and
c) Meet the minimum standards outlined in the M.D's policies and regulations.
C.3.2.5
Where allowed at the discretion of the Development Authority, shared driveway approaches
shall require a Shared Access Agreement be registered on both property titles, where applicable.
Hamlet Residential Parcels
C.3.2.6
For all residential parcels in hamlets, all driveway approaches shall be subject to the following
regulations:
a) The number of driveway approaches shall not exceed:
i)
One (1) driveway approach from the lane, if applicable; and
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
86
86
ii)
One (1) driveway approach from a street abutting the side or front property line in
accordance with subsection b).
b) Additional driveway approaches shall:
i)
Require a Development Permit and be a Discretionary Use - Administration; and
ii)
Not be located within a sight line triangle as per Section C.2.3.
c) Additional driveway approaches shall not be approved on lots with a parcel width 15.0 m
(49.2 ft);
d) The dimensional standards shall be in accordance with "Table 28: Driveway Approach
Standards for Hamlet Residential Properties" below and as illustrated in "Figure 20:
Driveway Approaches in Hamlets for Residential Uses":
Table 28: DRIVEWAY APPROACH STANDARDS FOR HAMLET RESIDENTIAL
PROPERTIES
APPROACH
TYPE
MIN.
APPROACH
WIDTH
MAX.
APPROACH
WIDTH
MIN. SETBACK
FROM LANE OR
ADJACENT PARCEL
MIN. LENGTH FROM
PARCEL LINE SHARED
WITH A STREET
Single Car
3.2 m (10.5 ft)
5.3 m (17.4 ft)
1.0 m (3.3 ft)
6.0 m (19.7 ft)
Double Car
5.0 m (16.4 ft)
6.7 m (22.0 ft)
1.0 m (3.3 ft)
6.0 m (19.7 ft)
*The surface material of a driveway approach and adjacent roadway or lane does not exempt the
approach from complying with minimum driveway width, location, and drainage requirements.
e) Notwithstanding subsection a) above, additional driveway approaches may be approved at
the discretion of the Development Authority, given the nature and size of the development,
anticipated traffic generation, and the design of the adjacent road.
Figure 20: DRIVEWAY APPROACHES IN HAMLETS
FOR RESIDENTIAL USES
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Non-Residential Hamlet Parcels
C.3.2.7
For all non-residential uses in hamlets, driveway approaches shall be subject to the following
regulations:
a) A development shall normally be permitted a maximum of one (1) two-way driveway approach
per road frontage or lane that meets the following criteria:
i)
The driveway approach connects to the public road at a 90 degree angle;
ii)
The driveway approach is not located within an intersection sight triangle as per Section
C.2.3; and
iii)
The dimensional standards are in accordance with the following Table 29 and shown in
Figure 21:
Table 29: DRIVEWAY APPROACH STANDARDS FOR NON-RESIDENTIAL
HAMLET PROPERTIES
MIN. APPROACH
WIDTH
MAX.
APPROACH
WIDTH
MIN. SEPARATION
DISTANCE BETWEEN
TWO APPROACHES
MIN. SETBACK OF APPROACH
FROM LANE OR ADJACENT
PARCEL
7.5 m (24.6 ft)
10.6 m (34.8 ft)
6.0 m (19.7 ft)
1.0 m (3.3 ft)
b) Notwithstanding subsection a) above, additional driveway approaches maybe approved at
the discretion of the Development Authority, given the nature and size of the development,
anticipated traffic generation, and the design of the adjacent road.
Figure 21:
DRIVEWAY APPROACHES IN HAMLETS
FOR USES OTHER THAN RESIDENTIAL
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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88
C.3.3
EMERGENCY ACCESS AND CIRCULATION
C.3.3.1
In addition to fire prevention measures under Section "C.4.8 Wildfire Protection Regulations",
to provide adequate emergency access to a development that is located in a remote area removed
from existing Municipal emergency services, the following emergency access measures may be
required by the Development Authority:
a) The provision of a secondary vehicular emergency access to the site, pursuant to Section
"C.3.2 Driveway Approaches"; and/or
b) Sites shall be designed so that, in the opinion of the Development Authority, appropriate
access for fire fighting vehicles and equipment is provided to all buildings.
C.3.3.2
The Development Authority may request any of the following requirements:
a) Fire access lanes shall be:
i)
A minimum of 6.0 m (19.7 ft) in width;
ii)
Located between 3.0 m (9.8 ft) and 15.0 m (49.2 ft) from all buildings; and
iii)
Shall be designed to support fire fighting vehicles.
b) All onsite vehicle access and circulation lanes that can accommodate a minimum centre-line
turning radius, to the satisfaction of the M.D., for firefighting vehicles.
c) Appropriate measures, including signs, brush and snow removal are utilized to ensure
unobstructed access to and within the site for firefighting vehicles.
d) The inclusion of lock boxes in accordance with M.D. bylaws, including the Fire Services Bylaw
and the National Fire Code - Alberta Edition.
e) The number and placement of fire hydrants or fire department connections shall be to the
satisfaction of the Development Authority in consultation with the Fire Safety Codes Officer.
C.3.4
PARKING AND LOADING
C.3.4.1
Standard parking stalls shall be designed and constructed in accordance with "Figure 22:
Minimum Standard Parking Stall and Drive Aisle Dimensions" and "Table 30: Minimum
Standard Parking Stall and Drive Aisle Dimensions".
Table 30: MINIMUM STANDARD PARKING STALL AND DRIVE AISLE
DIMENSIONS
(A)
(B)
(C)
(D)
Parking Angle
Min. Width of Stall
Min. Depth of Stall
Min. Width of Drive Aisle
One-way
Two-way
30°
2.75 m (9.0 ft)
5.3 m (17.5 ft)
3.5 m (11.5 ft)
N/A
45°
2.75 m (9.0 ft)
6.0 m (19.7 ft)
3.5 m (11.5 ft)
N/A
60°
2.75 m (9.0 ft)
6.4 m (21.0 ft)
5.6 m (18.5 ft)
N/A
90° (perpendicular)
2.75 m (9.0 ft)
6.0 m (19.7 ft)
N/A
7.3 m (24.0 ft)
0° (parallel)
2.75 m (9.0 ft)
6.7 m (22.0 ft)
3.7 m (12.1 ft)
6.0 m (19.7 ft)
Bylaw 10-26 GENERAL DEVELOPMENT REGULATIONS
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Figure 22:
MINIMUM
STANDARD
PARKING
STALL AND
DRIVE AISLE
DIMENSIONS
C.3.4.2
Notwithstanding "Figure 22: Minimum Standard Parking Stall and Drive Aisle Dimensions", in
Hamlet Residential Districts, parking stalls may be located in the front yard provided that:
a) The minimum depth is 6.0 m (19.7 ft);
b) The maximum width is 7.0 m (23.0 ft), unless otherwise allowed by the Development Authority;
c) The maximum slope of the parking stalls does not exceed 5% and the maximum slope of the
driveway does not exceed 10%;
d) The design and orientation of the parking area is to the satisfaction of the Development
Authority; and
e) Where the parking area connects to a municipal road or lane it shall meet the driveway
approach requirements specified in this Bylaw.
C.3.4.3
Loading Stall and Non-standard Parking stalls shall be designed and constructed in accordance
with "Table 31: Loading and Non-Standard Parking Stalls":
Table 31: LOADING AND NON-STANDARD PARKING STALLS
STALL TYPE
MIN. WIDTH OF
STALL
MIN. DEPTH OF
STALL
MIN. OVERHEARD
CLEARANCE
MIN. WIDTH OF DRIVE AISLE
(2-WAY)
Loading
3.5 m (11.5 ft)
8.0 m (26.0 ft)
4.3 m (14.0 ft)
8.0 m (26.0 ft)
Buses
2.75 m (9.0 ft)
12.0 m (32.0 ft)
N/A
8.0 m (26.0 ft)
Recreational
Vehicles
2.75 m (9.0 ft)
12.0 m (32.0 ft)
N/A
8.0 m (26.0 ft)
Semi-trailers
2.75 m (9.0 ft)
16.0 m (52.5 ft)
N/A
8.0 m (26.0 ft)
Barrier Free
In accordance with National Building Code - Alberta Edition
C.3.4.4
In Hamlet Districts, parking and loading areas shall be appropriately finished with a hard- surfacing
of asphalt or concrete for a minimum of 4.0 m (13.1 ft) where connected to a Municipal road or
lane of similar materials.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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90
C.3.5
ABOVE OR BELOW GRADE PARKING STRUCTURES
C.3.5.1
Parking structures which provide parking stalls above or below grade shall be designed and
constructed in accordance with the standards in Section C.3.4.1 and the following:
a) Maximum vehicle ramp slope shall be 12% if unheated and 15% if heated. The minimum
transition length at the top and bottom of the vehicle ramp shall be 3.5 m (11.5 ft) with a
maximum change in slope of 10%.
b) A minimum of one (1) queuing space shall be provided on-site before any control device (e.g.
entrance or exit gate, stop sign) is reached. Designs that require queuing on a slope should
be avoided.
c) Directional and informational signs consistent in color, symbols and graphics shall be
provided to clearly identify the location of pedestrian and vehicle exits.
d) Sharp or blind corners shall be eliminated where possible, otherwise security mirrors or other
devices shall be utilized.
e) An oil-grit separator shall be installed to remove contaminants that may otherwise enter the
ground water or Municipal storm water drainage system.
C.3.6
AT-GRADE PARKING AND LOADING AREAS
C.3.6.1
Parking stalls and loading spaces shall be designed and constructed in accordance with the
standards in Section C.3.4.1 and the following, to the satisfaction of the Development Authority:
a) To clearly demarcate stalls and spaces, and be regularly maintained;
b) To be contained entirely on the site and not cause interference with pedestrian or vehicular
movement on adjacent sites, roads or sidewalks;
c) To be graded to ensure that drainage is confined to the site and disposed of in a satisfactory
manner; and where deemed necessary by the Development Authority, an oil-grit separator
shall be installed to remove contaminants that may otherwise enter the ground water or
Municipal storm water drainage system; and
d) With the appropriate curbs, curb cuts or concrete bumpers where required.
C.3.6.2
Where a parking lot at grade abuts a road, park or residential District, a landscaped strip of at least
2.0 m (6.6 ft) shall be provided around that portion of the parking lot perimeter. The landscaped
strip shall include, but is not limited to a combination of trees, shrubs, grass and other hard and
soft landscaping materials.
C.3.7
PARKING STALL AND LOADING STALL QUANTITIES
C.3.7.1
The minimum on-site parking and loading requirements of this Bylaw shall be met for all
developments, whether a new building, an enlargement or addition to an existing building, or a
change in use.
C.3.7.2
Parking stalls shall be provided in accordance with "Table 32: Minimum Parking & Loading
Requirements", and:
a) Shall be calculated on the basis of Gross Floor Area, or where the term "seats" is used shall be
calculated based upon fire occupancy ratings, or where the term "employees" is used shall be
calculated based on the maximum number of on-site employees on a shift;
b) Where a fractional number of stalls is required, it shall be rounded to the next higher figure;
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c) Where a development contains more than one (1) use, the required number of stalls shall be
the sum of the requirements for each of those land uses; and
d) Where the parking requirements of a development are not specified in this Bylaw, the
Development Authority shall be guided by the standards for similar uses.
e) Electric vehicle (EV) parking stalls shall be included in the calculation of minimum parking
requirements and shall:
i)
Be signed as available to all users; and
ii)
Exclusive EV parking may only be permitted where the total number of parking stalls
exceeds the minimum requirement in Table 32.
C.3.7.3
Parking spaces that are being counted towards the required stalls in Table 32, shall be available at
all times for vehicle parking only, and shall not be utilized for storage or other purposes if it hinders
the ability to park a vehicle.
C.3.7.4
Where the future use of a development is uncertain, such as commercial or industrial bays,
the minimum number of parking and loading spaces required for a development shall be at
the discretion of the Development Authority based on typical uses for the District in which it is
located.
Barrier Free Parking Requirements
C.3.7.5
Barrier Free Parking stalls shall:
a) Meet the National Building Code - Alberta Edition;
b) Be clearly demarcated and appropriately signed;
c) Be located as close as possible to building entrances, elevators and ramps designed for ease of
accessibility; and
d) Be designed so users are not required to pass behind parked cars to access building entrances.
C.3.7.6
Designated barrier free parking stalls shall be provided in accordance with the National Building
Code - Alberta Edition as amended, and shall be included as part of, and not in addition to, the
applicable minimum parking requirements. Barrier-free parking stall requirements apply to all
developments except residential uses where the development occurs on an individual lot and not a
condominium.
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Table 32: MINIMUM PARKING & LOADING REQUIREMENTS
#
USE OF BUILDING OR SITE
MINIMUM NUMBER OF STALLS OR SPACES
Residential Uses
Parking
A
Single-Detached Dwelling or Duplex
2 stalls per principal dwelling unit
B
Accessory Dwelling Units (Attached or Detached)
1 stall per Bedroom
C
Residential Buildings greater than two (2)
principal dwelling units (e.g. apartments,
townhouses, triplexes, four-plexes) including
residential units in a mixed-use building.
i.
1 stall per Studio or 1-bedroom Unit;
ii.
1.5 stalls per 2- bedroom Units;
iii. 2 stalls per 3-bedroom Units;
iv.
plus visitor stalls as follows:
a) 0-5 dwelling units = 1 visitor stall
b) 6-10 dwelling units = 2 visitor stalls
c) >10 dwellings units = 1 visitor stall per 5 dwelling units.
D
Group Home - Minor
Group Home - Major
0.5 stall per bed unit plus 1 stall per on-site employee
E
Home-Based Business - Minor
0 stall
F
Home-Based Business - Major
1 stall
G
Short-Term Rental
1 stall/Bedroom plus 1 stall/ employee (if applicable)
H
Bed and Breakfast
1 stall/Bedroom plus 1 stall/ employee (if applicable)
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A
B
C
D
E
F
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C.3.7.7
Commercial Minimum Parking and Loading Requirements are in accordance with the following
table:
#
USE OF BUILDING OR SITE
MINIMUM NUMBER OF STALLS OR SPACES
Commercial Uses
Parking
Loading
A
Convenience Store, Liquor Store,
Artisan Shop, Eating Establishment -
Minor (Café), Retail Store, Personal
Service Business, Offices, Medical
Services, Health and Wellness Center
1 stall per 50.0 m2 (538.2 ft2) plus 1 stall/employee
B
Eating Establishment - Major
1 stall per 4 seats
1 space
C
Visitor Accommodation - Minor
Visitor Accommodation - Major
i.
1 stall per studio or 1-bedroom Units;
ii.
1.5 stalls per 2- bedroom Units;
iii. 2 stalls per 3-bedroom Units;
iv.
2.5 stalls per 4-bedroom Units;
v.
3 stalls per 5-bedroom (or larger) Units;
vi.
Plus an additional 0.5 stalls/employee
(if applicable) is required; and
vii. Where two (2) or more adjacent accommodation
units may be combined using a dual-direction door
locking system (a lock-off ), each accommodation
unit shall be considered separately when
determining parking requirements.
1 space
D
Retail Store, Personal Service
Business, Offices, Medical Services,
Health and Wellness Center, Service
Station, Car Wash, Gas Bar
1 stall/37.0 m2 (398.3 ft2)
Plus 1 stall/employee
E
Staff Accommodation
1 stall per Bed Unit
F
Community and
Entertainment Facilities
1 stall per 10 m2 (32.8 ft2) of floor area used
by patrons, plus 1 stall/employee
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Land Use Bylaw
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C.3.7.8
Industrial Minimum Parking and Loading Requirements are in accordance with the following table:
#
USE OF BUILDING OR SITE
MINIMUM NUMBER OF STALLS OR SPACES
Industrial Uses
Parking
Loading
A
Auto Body Services, Automotive Rental,
Repair Services and Sales, Household
Equipment Repair Services
1 stall/50 m2 (538.2 ft2) but shall
not be less than 3 stalls
1 space/1,858.0 m2
(20,000 ft2), minimum
of 1 space or at the
discretion of the
Development Authority
for existing structures.
B
Manufacturing and Distribution,
General Industrial Building
1.5 stalls per employee on shift at one
time plus 3 stalls for visitor parking
C
Individual Industrial Bays
2 stalls per bay with 3 stalls for visitor
parking stalls for per complex
D
Horticultural, General, Industrial
Equipment Service, Rentals and Sales
1 stall/50 m2 (538.2 ft2)
E
Natural Resource Extraction
and Processing
1 stall per number of employees on shift
at one time plus 5 stalls visitor parking
F
Storage, Outdoor or Mini-Storage
1 stall/5 storage units plus 1 stall/
employee (if applicable)
G
Storage, Indoor and Warehousing
1 stall per 50 m2 (538.2 ft2)
C.3.7.9
Institutional & Recreational Minimum Parking and Loading Requirements are in accordance with
the following table:
#
USE OF BUILDING OR SITE
MINIMUM NUMBER OF STALLS OR SPACES
Institutional Uses
Parking
Loading
A
Community Buildings and Facilities
1 stall per 10 m2 (107.6 ft2)
1 space
B
Day Care
1 stall per 50 m2 (538.2 ft2) plus 1 stall per employee
N/A
C
Extended Medical Services
1 stall per 2 beds
1 space
D
Government Services
1 stall per 50 m2 (538.2 ft2), except 1 stall per employee
on shift for protective and emergency services
N/A
E
Places of Religious Assembly
1 stall per 5 seats
N/A
F
Recreation Facilities
1 stall per 5 seats or 1 stall per 10 m2 (107.6 ft2)
N/A
G
Elementary or Junior High School
2 stalls/classroom
N/A
H
Senior High School
5 stalls/classroom
N/A
I
Campground
1 per camping space, plus 1 visitor stall/10 camping spaces
N/A
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C
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C.3.8
TANDEM PARKING
C.3.8.1
In Hamlet Residential Districts, tandem parking is allowed where a maximum of one (1) stall may
be located within a garage and remains available for parking at all times.
C.3.9
CRITERIA FOR REDUCING PARKING STALL QUANTITIES
C.3.9.1
The Development Authority, when deciding on a proposed development that is deficient in parking
or loading spaces, may, at its discretion, vary the number of parking stalls required.
a) In granting a variance for the required minimum parking stalls, the Development Authority may
request the Applicant to provide a Parking Study prepared by a Qualified Professional that
supports the request for a variance to the parking standards.
C.3.9.2
Notwithstanding Section C.3.9.1 above, the Development Authority may approve a Developer of
non-residential sites to share parking stalls in order to fulfill parking requirements where:
a) In the opinion of the Development Authority the parking requirements of users on the sites
vary in a consistent manner according to time of day or days of the week so that the needs of
each development can be met at any given time; and
b) The shared parking stalls are within 120.0 m (393.7 ft) of each site.
C.3.9.3
The Development Authority may require that a registrable and binding agreement securing the
shared use of the parking lot be executed between the landowner of the site on which the parking
is provided and the landowner of the site on which the parking is required.
C.3.10
RECREATIONAL VEHICLES
C.3.10.1 For this section, "occupancy" means the utilization of a Recreational Vehicle for overnight
accommodation.
C.3.10.2 In all Rural Districts, occupancy of a Recreational Vehicle shall not exceed a total of fourteen (14)
consecutive days within a three (3) month period, unless a valid Development Permit has been
issued from the Development Authority.
C.3.10.3 Storage of Recreational Vehicles shall comply with this Bylaw, including Section D.3.1
Commercial Recreational Vehicle Storage.
C.3.10.4 Recreational Vehicles shall not be used as a Primary Residence or offered for occupancy, except
in accordance with this Bylaw.
C.3.10.5 The Development Authority may issue a temporary Development Permit for the full-time
occupancy of a Recreational Vehicle for up to one (1) year, provided that a Development Permit
has also been issued for the construction of a permanent dwelling on the same parcel.
C.3.10.6 A temporary Development Permit issued under Section C.3.10.5, may be extended subject to the
submission of a Development Permit amendment or extension application outlining rationale to
support such an application at the discretion of the Development Authority.
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Recreational Vehicles in Hamlets
C.3.10.7 In all hamlets, no Recreational Vehicle shall be stored on a residential parcel except in
accordance with the following:
a) An occupied habitable dwelling exists on site;
b) No more than one (1) Recreational Vehicle is stored per parcel;
c) The Recreational Vehicle must be fully accommodated on a driveway or parking area
contained within the property boundary and shall not encroach upon the landscaped portion of
the site; and
d) A valid Development Permit is obtained to allow the storage of additional Recreational
Vehicles as an Accessory Use on site.
Recreational Vehicles in Rural Areas
C.3.10.8 Recreational vehicle storage in Rural Districts shall be in compliance with Section "D.3.1
Commercial Recreational Vehicle Storage" of this Bylaw.
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C.4
ENVIRONMENTAL PROTECTION AND HAZARD MANAGEMENT
Development Hazards and Constraints in the M.D.
C.4.1
DEVELOPMENT ADJACENT TO RAILWAYS
C.4.1.1
The purpose of this section is to provide regulations and recommendations for proposed and
existing developments to ensure safety in the case of railway derailment, spills or environmental
contamination, and to provide a higher quality of life through noise and vibration attenuation
measures.
Subdivision
C.4.1.2
Subdivision of land located adjacent to a railway shall not be allowed unless the Applicant can
demonstrate, to the satisfaction of the Development Authority, that adequate development
setbacks as outlined in "Table 33: Minimum Building Setbacks from Railway" can be achieved.
Building Setbacks
C.4.1.3
The following building setbacks shall apply to buildings in proximity to a railway right-of-way.
Buildings shall be the minimum distance specified below from the closest edge of the building to
the railway right-of-way.
Table 33: MINIMUM BUILDING SETBACKS FROM RAILWAY
TYPE OF BUILDING
MINIMUM DISTANCE SEPARATION FROM
BUILDING TO RAILWAY RIGHT-OF-WAY
a) All of the following buildings:
-
Residential buildings,
-
Buildings used for overnight accommodation,
-
Commercial buildings containing offices,
-
Institutional buildings, or
-
Buildings for other similar uses
30.0 m (98.4 ft)
b) All other buildings
15.0 m (49.2 ft)
C.4.1.4
Notwithstanding the above, the required setback distance specified in "Table 33: Minimum
Building Setbacks from Railway" may be reduced by the Development Authority where the
reduced setback is supported by the submission of a report by a Qualified Professional that
specifies the impacts from the reduced setback (noise, vibration, visual intrusion, etc. from the
railway) will be mitigated through measures such as fencing, berming, or building construction
techniques.
M.D. of Bighorn
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Table 34: MINIMUM FENCE AND BERM CONSTRUCTION STANDARDS
#
MITIGATION MEASURE
RESIDENTIAL, OVERNIGHT
ACCOMMODATION, OFFICE
AND INSTITUTIONAL USES
OTHER
COMMERCIAL AND
INDUSTRIAL USES
A
Berm
Height
2.5 m (8.2 ft)
2.5 m (8.2 ft)
B
Width
13.0 m (42.7 ft)
13.0 m (42.7 ft)
C
Maximum
Slope
3:1
3:1
D
Fence
Height
3.0 m (9.8 ft)
2.0 m (6.6 ft)
E
Type
Acoustic
Chain Link
C.4.2
DEVELOPMENT ADJACENT TO STEEP SLOPES
C.4.2.1
A minimum building setback of 20.0 m (65.6 ft) is required from the crest or toe of an escarpment.
C.4.2.2
At the discretion of the Development Authority, a reduced setback may be considered where it
is supported by a Slope Stability Assessment prepared and stamped by a Qualified Engineer
stating that a lesser setback is warranted. The reduced setback is not subject to the maximum
variances allowed by the Development Authority in Part E. Any recommended mitigation
measures for construction stated in the Slope Stability Assessment shall be followed.
C.4.3
DEVELOPMENT IN A FLOODWAY
See "Part F. Definitions" for all definitions related to flooding, including Design Flood, Flood Hazard Map,
Floodway, Flood Fringe, High Hazard Flood Fringe, Protected Flood Fringe.
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B
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Figure 23:
R-1S SETBACK
REQUIREMENTS
C.4.3.1
Mapping of flood hazard areas shall be determined as follows:
a) Where Provincial Flood Hazard Mapping is available it shall be used; and
b) Where Provincial Flood Hazard Mapping is not available the Development Authority may
request the Applicant to complete a Flood Plain Study by a Qualified Professional to
determine flood hazard areas.
C.4.3.2
The following shall not be allowed in a floodway:
a) New buildings, replacement of existing buildings, external alterations or additions to
existing buildings;
b) Grading, filling or removal of material of any kind without prior approval from the
Development Authority;
c) Outdoor storage; and
d) Storage of hazardous waste materials such as chemicals, explosives, flammable liquids or
gases, toxic or waste materials.
C.4.3.3
Notwithstanding Section C.4.3.2 the following may be allowed in a floodway, where applicable
permits are obtained:
a) Structures intended for flood or erosion control; and
b) Buildings and structures associated with an approved hydro-electric generation facility, boat
ramps, docks, and similar water-related activities.
C.4.3.4
A Hydraulic Assessment may be required if any buildings and/or structures are placed in the
floodway, to prove that the structures do not impede flood passage or raise the flood elevation
level.
C.4.4
DEVELOPMENT IN A FLOOD FRINGE
C.4.4.1
Redevelopment and new buildings in a Flood Fringe shall not be allowed except when:
a) The Applicant provides a report from a Qualified Professional that demonstrates to the
satisfaction of the Development Authority preventative engineering and construction
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measures can be used to mitigate flood risk and make the site suitable for the intended use in
accordance with Section C.4.4.2 below.
C.4.4.2
Any Development authorized in the Flood Fringe shall be designed and constructed in accordance
with the following minimum standards:
a) All building openings shall be a minimum 1.0 m (3.3 ft) above the 1:100-year flood elevation; or
b) Other flood proofing measures and/or freeboard elevations can be considered if adequate level
of safety is demonstrated by design drawings and documentation and/or certified by a Qualified
Professional.
C.4.4.3
All developments in the Flood Fringe shall be designed and constructed in accordance with the
following standards:
a) The bottom joists of the first floor or the top surface of the slab on grade shall be located above
the required Flood Construction Level;
b) All electrical, heating, air conditioning and mechanical equipment shall be located above the
Flood Construction Level; and
c) Backflow prevention valves shall be used.
C.4.4.4
Basements shall not be allowed in new buildings unless the flood risk to the space can be
mitigated to the standards in Section C.4.4.2 above.
C.4.4.5
Developments which are located behind an approved dike system that is sealed by a Qualified
Professional and are below the 1:100 flood year elevation shall be adequately flood-proofed to the
standards in Section C.4.4.2 above to the satisfaction of the Development Authority.
C.4.4.6
Indoor or outdoor storage of hazardous materials such as chemicals, explosives, flammable
liquids or gases, toxic or waste materials shall not be allowed in the Flood Fringe with the
exception of personal residential use in accordance with provincial regulations.
C.4.5
DEVELOPMENT SETBACKS FROM A WATER BODY OR WATER COURSE
C.4.5.1
Development adjacent to water bodies or watercourses shall have a minimum setback of 30.0
m (98.4 ft) from the ecological boundary or normal highwater mark, from the edge of wetlands as
determined by an Alberta Legal Surveyor and biologist and will consider impacts to waterbody,
wetlands, and catchment areas, where additional setbacks may be required.
C.4.5.2
A reduction to the setback required in Section C.4.5.1 above may be considered subject to the
following:
a) Provincial approval and compliance, where applicable, and
b) That the Applicant submit a Biophysical Impact Assessment, Wetland Assessment and Impact
Report (WAIR), or Development Impact Assessment prepared by a Qualified Professional
that states, to the satisfaction of the Development Authority, the proposed development
would not significantly impact the water body, watercourse, or wetland.
C.4.5.3
The Development Authority may require the submission of a report, prepared by Qualified
Professional, which delineates the ecological boundary of a wetland, and/or the high-water mark
of a water body, or watercourse.
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C.4.6
ENVIRONMENTAL PROTECTION STANDARDS
C.4.6.1
No activity may be undertaken in any District, which in the opinion of the Development Authority
creates a nuisance, including but not limited to the generation of noise, dust, odour, smoke,
vibration, heat, humidity or glare.
C.4.6.2
An Environmental Site Assessment may be requested by the Development Authority and one
will be required for development of all brownfield/pre-developed/disturbed sites.
C.4.6.3
No development shall emit contaminants in excess of the standards prescribed by the Government
of Alberta pursuant to the Environmental Protection and Enhancement Act and regulations
pertaining thereto.
C.4.6.4
No development shall discharge toxic or noxious materials:
a) Across the boundaries of a site;
b) Into a water body or watercourse;
c) Into groundwater / aquifers;
d) Through infiltration into the subsoil; or
e) Through infiltration from stockpiling of dirt/fill.
C.4.6.5
No development shall discharge toxic or noxious materials into the wastewater system,
watercourse, water body or wetland.
C.4.6.6
When reviewing a Development Permit application on lands which may be considered to be
environmentally sensitive (e.g. lake shorelands, rivers, wetlands, critical wildlife habitat, natural
areas, reserves or parks) the Development Authority may require the following:
a) A Biophysical Assessment and/or Development Impact Assessment prepared by a Qualified
Professional; and/or
b) Comments and recommendations from the applicable Provincial agencies.
C.4.7
LOGGING
C.4.7.1
A Development Permit is required when a person wishes to:
a) Log more than 10% of a privately owned parcel; or
b) Log a minimum of 6.0 ha (14.8 ac);
On privately owned lands that are identified on "Figure 24: Logging on Private Lands Requiring a
Development Permit".
C.4.7.2
An Applicant subject to Figure 24, shall submit the additional application requirements identified
under Section E.2.4.5 - Logging on Private Lands.
C.4.7.3
The Development Authority may restrict the hours of logging operations involving hauling on
public roads as follows:
a) March to November, effective the first day of Daylight Savings Time in March and ending on the
day proceeding the end of Daylight Savings Time in November:
i)
Hauling on public roads is limited to the hours between 7:00 a.m. to 10:00 p.m. on
M.D. of Bighorn
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Monday through Saturday and between 12:00 p.m. to 8:00 p.m. on Sunday.
b) From November to March, effective the day ending Daylight Savings Time in November to the
day proceeding the first day of Daylight Savings Time in March:
i)
Hauling on public roads is limited to daylight hours only on Monday through Saturday
and between 12:00 p.m. to sunset on Sunday.
c) Restricted hours of logging operations involving hauling on public roads to do not apply to
sorting and loading of trees on private land.
Figure 24: LOGGING ON PRIVATE LANDS REQUIRING A DEVELOPMENT PERMIT
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C.4.8
WILDFIRE PROTECTION REGULATIONS
HOME
IGNITION
ZONE
IMMEDIATE ZONE
0 m t o 1 . 5 m
INTERMEDIATE ZONE
1 . 5 m t o 1 0 m
EXTENDED ZONE
1 0 m t o 3 0 m
FireSmart, Intelli-feu and other associated Marks are trademarks of the Canadian Interagency Forest Fire Centre (CIFFC).
ALBERTA
Figure 25:
WILDFIRE PROTECTION HOME IGNITION ZONES
C.4.8.1
In accordance with recommendations within the FireSmart Canada - FireSmart Residential Guide
(June, 2025), the Development Authority may, as a condition of a Development Permit approval,
require the Applicant to provide means of reducing the risks of wildfire to developments through:
a) The location of buildings and structures and applying setback separations, based on best
practices and local site context;
b) Requiring fire resistant building materials and standards for new construction or when replacing
or retrofitting an existing dwelling unit, building or structure, and
c) Requiring the implementation of landscaping and vegetation management, and other
minimum standards for risk mitigation of wildfire to a development, in accordance with the
landscaping measure specified within this Bylaw.
C.4.8.2
To reduce the threat of wildfire, the following measures may be required by the Development
Authority:
a) The submission of a Wildfire Risk Assessment from a Qualified Professional for development
applications in higher wildfire risk areas as determined by the Development Authority; and
b) A requirement for the proposed development or subdivision to comply with the
recommendations from the Wildfire Risk Assessment as a condition of approval.
C.4.8.3
In Commercial, Industrial, Multi-Residential Districts, the Development Authority may request
the inclusion of lock boxes in accordance with the M.D.'s bylaws and the National Fire Code -
Alberta Edition.
C.4.8.4
Where a Municipal water system is not available, a water supply and fire department connection
may be required, to the satisfaction of the Development Authority in consultation with the M.D.'s
Fire Safety Codes Officer.
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
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C.4.9
HAZARDOUS MATERIAL STORAGE
C.4.9.1
In Hamlet Residential Districts, no person shall store or permit to be stored a container for the
storage of flammable liquids as defined in the National Fire Code - Alberta Edition, except where
the container:
a) Contains no more than 46.0 Litres;
b) Meets the specifications of the National Fire Code - Alberta Edition; and
c) Is stored outside or within an Accessory Building.
C.4.9.2
All above-ground storage vessels for liquefied petroleum gases and flammable liquids shall:
a) Only be considered by the Development Authority as an Accessory Use to a development
within Hamlet Mixed-Use, Hamlet Industrial, Highway Commercial, Rural Industrial, and
Natural Resource Districts;
b) Be registered with the Petroleum Tank Management Association of Alberta (PTMAA); and
c) Be a minimum of 3.0 m (9.8 ft) from all side and rear parcel lines.
C.4.9.3
The Development Authority may require an above-ground storage vessels for liquefied petroleum
gases and flammable liquids to be screened from view of adjacent properties in accordance with
Section "C.2.6 Screening".
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C.5
EXTERIOR LIGHTING, LANDSCAPING, AND FENCING
C.5.1
EXTERIOR LIGHTING
C.5.1.1
Exterior lighting shall be designed and installed to:
a) Preserve the low ambient brightness in the area,
b) Minimize light trespass onto adjacent properties;
c) Shall not be flashing, strobing, or revolving;
d) All spotlights or flood lamps shall be directed downward at a maximum angle of 45 degrees
from vertical; and
e) Any lighting fixture with an output exceeding 2,000 lumens shall be fully shielded to prevent
glare and light spills above the horizontal plane.
C.5.1.2
Permanent lighting shall adhere to the following Dark Sky Compliant approach to lighting:
a) For all developments light fixtures must be fully shielded and not produce direct glare visible
to an observer or at ground level at the Property Line of any property within 100 m (328 ft) of
the Site.
C.5.1.3
Exterior lighting shall be designed and installed to preserve the low ambient brightness in the area
and minimize light trespass onto adjacent properties:
a) All spotlights or flood lamps shall be directed downward at a maximum angle of 45 degrees
from vertical.
b) Any lighting fixture with an output exceeding 2,000 lumens shall be fully shielded to prevent
glare and light spills above the horizontal plane.
C.5.1.4
No lighting shall be allowed on the rear of buildings backing onto wildlife fencing. Low cut light
fixtures are required at side door entrances.
C.5.1.5
The following lighting fixtures, uses, or buildings are exempt from the exterior lighting regulations:
a) Lighting fixtures with a lumen output of 2,000 lumens or less;
b) All lighting required by provincial or federal agencies, or installed by the Municipality on a
public roadway;
c) Lighting used for security purposes controlled by a sensor, or as required for emergency lighting
within the National Building Code - Alberta Edition;
d) Temporary lighting used during construction, agricultural activities, civic activities, holiday
displays, or an emergency; and
e) Lighting placed underwater to illuminate outdoor swimming pools or water features.
C.5.1.6
Exterior lighting shall not interfere with the effectiveness of traffic control devices or the vision of
motorists, while maintaining a safe and secure on-site illumination level, and shall not be flashing,
strobing, or revolving.
C.5.1.7
Where an Exterior Lighting Plan is required, subject to Section "E.2.3 Submission Requirements
for All Applications", it shall contain the following information:
a) A description of the type, luminous output and number of each light fixture to be used;
b) A description of the method of mounting and height of each fixture at mounting; and
c) A site plan showing the location of all light fixtures.
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C.5.2
FENCING
a) Any fence or retaining wall must be located on or within the property line of the parcel.
Hamlet Districts
C.5.2.1
For Hamlet Residential Districts, except within an intersection sight line triangle as outlined in
Section "C.2.3 Intersection Sight Line Triangles": fencing shall be regulated as follows:
#
FENCING REGULATIONS
R-1 DISTRICT IN
THE HAMLET OF
BENCHLANDS
ALL OTHER
HAMLET
RESIDENTIAL
DISTRICTS
ALL OTHER HAMLET
NON-RESIDENTIAL
DISTRICTS
A
Max. Height of Fencing
in a Front Yard
2.0 m (6.6 ft)
1.2 m (3.9 ft)
1.2 m (3.9 ft) unless
Screening is required per
Section C.2.6 - Screening.
B
Max. Height of Fencing in a
Side Yard and Rear Yard
2.0 m (6.6 ft)
2.0 m (6.6 ft)
2.0 m (6.6 ft)
C
Barbed Wire Fencing
Allowed, where necessary for
fencing livestock animals
Prohibited
Prohibited
D
Illustration Reference
None
See Figure 26
See Figure 27 & Figure 28
Figure 26:
HEIGHT OF FENCING IN HAMLET RESIDENTIAL
DISTRICTS EXCEPT BENCHLANDS
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Figure 27:
HAMLET NON-RESIDENTIAL DISTRICTS LANDSCAPING
AND FENCING (ELEVATION)
Figure 28: HAMLET NON-RESIDENTIAL DISTRICT
LANDSCAPING AND FENCING (PLAN)
C.5.3
RETAINING WALLS
C.5.3.1
Retaining walls which are not part of or connected to a building foundation shall be designed and
constructed to:
a) Not exceed 0.9 m (3.0 ft) in a rise, or where there is more than one (1) rise, not exceed a
maximum slope of 45 degrees as measured from the top of each rise of the retaining wall
("Figure 29: Retaining Walls");
b) Maintain a positive overland drainage on all portions of the site to prevent water retention; and
c) Not divert overland drainage onto adjacent sites.
C.5.3.2
Where a retaining wall is located over two (2) parcels of land, the ownership and maintenance of
the retaining wall must be outlined in a legal agreement between the two (2) landowners.
C.5.3.3
A retaining wall that is greater than 0.9 m (3.0 ft) in total height shall be designed and constructed
in accordance with approved engineering and construction measures as determined by a Qualified
Engineer.
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Figure 29:
RETAINING WALLS
C.5.4
EXCAVATION, FILLING AND STRIPPING
C.5.4.1
This section shall apply to all activities except those carried out for agricultural purposes.
C.5.4.2
Excavation, filling, and stripping of land shall include, but are not limited to, topsoil stripping with
site clearing including significant tree removal, and/or the construction of artificial water bodies or
berms.
C.5.4.3
Any proposed excavation, filling or stripping of land shall require a Development Permit
application.
C.5.4.4
Where any significant excavation (eg. 2.0 m (6.6 ft) or more fill is being moved), filling or stripping
activities are proposed, the Development Authority may require that the activities be conducted in
accordance with a Development Agreement or approved engineering plans created by a Qualified
Engineer.
C.5.4.5
The Development Authority may require that any area affected by excavation, filling or stripping
activities be satisfactorily landscaped upon completion of the activities.
C.5.4.6
Notwithstanding Section C.5.4.2 above, tree clearing activities on private land alone, not including
Logging on Private Lands, does not require approval from the Development Authority, nor a
Development Permit.
C.5.5
LANDSCAPING
Municipal Property
C.5.5.1
No person shall undertake any landscaping activities on Municipal property without the prior
written consent of the Development Authority.
C.5.5.2
Trees on Municipal property that are damaged or removed due to development activities without
consent shall be replaced at the cost of the person acting without consent.
C.5.5.3
At the discretion of the Development Authority, replacement of trees on Municipal property may
be required, where possible in compliance with best practices in wildfire mitigation, at a ratio of
up to 3:1 of a similar species for each tree damaged or removed. A reduced ratio may be allowed
where there are concerns regarding wildfire risk and protection.
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All Property
C.5.5.4
The Development Authority shall require that landscaping be provided, which may include
provision of a Landscaping Plan as part of any new or redeveloped parcel in accordance with the
following:
a) The landowner shall be responsible for landscaping and proper maintenance for the life of
the development. In the event that planting materials in an approved landscaping plan fails to
survive, the Development Authority may require or approve alternate planting materials.
b) Noxious and prohibited weeds or invasive plants as described by provincial legislation or
Municipal bylaws shall not be used for landscaping purposes.
c) Plant materials shall:
i)
Be hardy to the climatic region of the M.D.;
ii)
Appropriate for the micro-climate of the proposed location in which they are to be
planted; and
iii)
Align with FireSmart principles for plant selection to the satisfaction of the Development
Authority.
d) Water efficient landscaping techniques shall be used, including the use of drought-tolerant
indigenous vegetation in combination with permeable or previous surface materials.
e) Existing trees and large shrubs on a site shall be preserved, protected or replaced where
possible except where required to be removed as part of wildfire risk reduction strategies.
f) Any area required to be landscaped may, at the discretion of the Development Authority,
be left in its natural state or be landscaped with a combination of hard and soft landscaping
materials to enhance and complement the appearance of the development.
g) All approved landscaping shall be completed within one (1) year of the issuance of the
Development Permit unless otherwise stated.
Wildlife Attractant Vegetation
C.5.5.5
For all new landscaping or replacement of existing vegetation in all Hamlet Districts and Country
Residential Districts, wildlife attractant vegetation shall not be used for landscaping purposes.
C.5.5.6
Notwithstanding Section C.5.5.5 above, vegetable gardens are permitted.
Landscaping Requirements for Multi-Residential, Commercial and Industrial Districts
C.5.5.7
Landscaping shall be provided in accordance with the following Table 35 for the applicable
Districts.
C.5.5.8
Where a Minimum Landscaped Area is required in Table 35 it shall be calculated dividing the total
landscaped area by totaling the gross site area excluding structures and paved areas.
C.5.5.9
To accommodate mitigations for reducing wildfire risk, the Development Authority may, at its
discretion:
a) Reduce the minimum landscape area requirement;
b) Specify the species of trees, plants or shrubs; and/or
c) Reduce the required number of trees, plants, or shrubs.
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Table 35: COMMERCIAL & INDUSTRIAL LANDSCAPING REQUIREMENTS
#
LANDSCAPING
REQUIREMENTS
APPLICABLE DISTRICTS
HAMLET MULTI-
RESIDENTIAL (RM)
HAMLET MIXED-USE
(HMU)
HIGHWAY
COMMERCIAL
(HWY-C)
HAMLET
INDUSTRIAL (H-ID)
A
Min. Landscaping Area
(% of site coverage)
30% or 10% for more than
12 dwelling units
15%
10% of parcel area and
20% of front yard
setback area.
B
Min. Landscaped
Area: Parking Lots
For a parking and loading area requiring 30 or more
parking spaces, a minimum landscaped area of 1.0 m²
(10.76 ft2) per on-site parking space shall be provided.
N/A
C
Min. Number of Trees
One (1) tree for every 30.0 m2 (322.9 ft2) of landscaped area
One (1) tree for every
30.0 m2 (322.9 ft2) of
landscaped area.
D
Min. number of Shrubs
One (1) shrub for every 60.0 m² (645.83 ft2) of landscaped area
One (1) shrub for every
80.0 m² (861.11 ft2) of
landscaped area; or a
minimum of six (6)shrubs;
whichever is greater.
E
Min. Height at time
of planting
Trees: 1.2 m (3.9 ft)
Shrubs: 0.5 m (1.6 ft)
Trees: 1.2 m (3.9 ft)
Shrubs: 0.5 m (1.6 ft)
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C.6
SITE GRADING, UTILITIES AND SERVICES
C.6.1
SITE GRADING, DRAINAGE AND STORM WATER MANAGEMENT
C.6.1.1
All developments shall be adequately serviced for stormwater management.
C.6.1.2
Storm water run-off shall be contained on-site or disposed of in a manner acceptable to the
Municipality and provincial or federal agencies.
C.6.1.3
Site grades shall be established to prevent drainage from one site to the next except where
drainage conforms to an approved local or subdivision drainage plan.
C.6.1.4
Grading shall be completed to provide effective site drainage.
C.6.1.5
The Development Authority may require the Applicant to provide a security deposit to ensure that
site grading is completed according to an approved plan, which is refundable upon submission of
a survey, prepared by a qualified Alberta Land Surveyor, confirming such as-built grades.
C.6.1.6
The landowner of a site shall be responsible for ensuring 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 landowners of both sites. Where
a drainage swale or path is established within an easement or right-of-way on a site, swale grades
shall be maintained, and the swale shall be kept free of any obstructions.
C.6.1.7
The installation of an oil-grit separator is required where stormwater is drained from large parking
areas or underground parkades, or where, in the opinion of the Development Authority, there is a
potential hazard of contamination due to the nature of the land use.
C.6.2
WATER, SANITARY AND UTILITY SERVICES
C.6.2.1
All development shall be adequately serviced for water, sanitary and utility services in accordance
with any relevant M.D. policy or provincial legislation pertaining to water, sanitary, and utility
services, to the satisfaction of the Development Authority.
C.6.2.2
No excavation for a foundation or commencement of development shall occur until adequate
provision has been made for all required utility services or facilities to the satisfaction of the
Development Authority.
C.6.3
CONNECTION TO MUNICIPAL SERVICING INFRASTRUCTURE
C.6.3.1
New development shall be required to connect to Municipal utilities when Municipal servicing
infrastructure has been installed to the edge of the property or within 25.0 m (82.0 ft) of the property
line.
C.6.3.2
The Development Authority may require that the Applicant provide provisions for connection to
future Municipal water and sewer services, which may be accomplished by the registration of an
agreement on title.
C.6.3.3
Except for a condominium development or as approved by the Development Authority, each unit
of a side-by-side duplex, or attached dwelling shall be individually and directly connected to the
water and sanitary lines located in the public right-of-way.
C.6.3.4
Until Municipal water and sewer services become available, all new development shall include
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on-site or temporary water and sewer services suitable to the development, adequately serviced
in compliance with National Building Code - Alberta Edition and relevant provincial regulations for
private water and wastewater systems and to the satisfaction of the Development Authority.
C.6.3.5
A utility connection to Municipal infrastructure must meet M.D. standards and must be inspected
and approved by the Municipality. The Applicant shall notify the Municipality of the installation
date for inspection purposes.
C.6.4
PRIVATE (ON-SITE) SERVICES
C.6.4.1
Where on-site servicing is proposed, the Applicant shall submit a report prepared by a
Qualified Professional, confirming that the proposed systems have sufficient capacity, will
meet all provincial requirements, and will not adversely affect adjacent or downstream users or
infrastructure.
C.6.4.2
Where a building is not connected to a Municipal wastewater system, the Development Authority
shall require, as a condition of issuing a Development Permit:
a) That, in the case of a new building, the Applicant provides the Municipality with evidence
that a Safety Code Permit has been obtained by the Applicant for the installation of a private
wastewater system in accordance with current Provincial legislation and standards, prior to
commencement of any construction; or
b) That, in the case of an addition to an existing building that results in an increase in the
number of bedrooms or an intensification of use (resulting in increased water consumption
or wastewater generation), the Applicant shall provide either a permit referenced in (a) above
or a statement signed and sealed from a Qualified Professional that the existing wastewater
system operates properly and is capable of handling the increased wastewater load prior to the
commencement of any construction; and
c) That, in the case of the construction of a new building or the addition to an existing building,
proof that the building or addition is not located over top of any existing or proposed
wastewater systems.
C.6.4.3
In addition to Section C.6.4.2 above, the Development Authority may require that an Applicant
provide evidence that an inspection by a Safety Codes Officer has been completed for any installed
private wastewater system.
C.6.4.4
No groundwater from wells situated within 300 m (984.3 ft) from a working wastewater lagoon or
treatment facility shall be considered potable.
C.6.4.5
Notwithstanding Section C.6.4.4, where a wastewater lagoon or treatment facility setback
reduction has been granted by the Government of Alberta, groundwater from wells located within
the reduced setback area may be considered potable at the sole discretion of the Development
Authority.
C.6.5
UTILITY LOTS AND EASEMENTS
C.6.5.1
No building, structure, or part amenities shall be constructed on a utility easement unless:
a) Written consent has been provided by the Development Authority, confirming the building
does not restrict access to the utility easement for the purpose of installation and maintenance
of the public utility; and
b) Written consent has been obtained from the public utility company to which the easement has
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been granted.
C.6.5.2
Public utility facilities and equipment on a site shall be placed in locations and with yard
setbacks that are satisfactory to the Development Authority.
C.6.5.3
Public utility lots may be permitted in any District except as specifically regulated in this Bylaw
and are not required to conform to minimum site width or area requirements of those Districts.
C.6.6
SHALLOW UTILITIES
C.6.6.1
The Development Authority may require confirmation from the relevant utility providers that
alignments are within existing or new utility right-of-ways and sufficient service capacity exists to
accommodate the proposed development prior to issuance of a Development Permit.
C.7
MEZZANINES
C.7.1
MEZZANINES
C.7.1.1
A mezzanine shall be deemed a full storey if it covers more than one-third of the area of the storey
directly underneath such mezzanine storey.
C.7.1.2
A mezzanine shall be included in the calculation of gross floor area of a building for the purposes
of this Bylaw.
C.7.1.3
A mezzanine shall not be used as an entire dwelling unit.
C.7.1.4
A mezzanine in a commercial or industrial building shall not be used as a dwelling unit.
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Part D.
SPECIFIC USE REGULATIONS
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D.1
ACCESSORY BUILDINGS, STRUCTURES AND USES
D.1.1
ACCESSORY BUILDINGS, STRUCTURES AND USES - GENERAL REGULATIONS
D.1.1.1
Unless otherwise authorized in this Bylaw, an Accessory Building or use may only be developed
or approved after a Development Permit has been issued for the Principal Use, Structure, or
Building on the site.
D.1.1.2
Accessory Buildings must be secondary and subordinate to the Principal Building, Structure, or
use on the same site.
D.1.1.3
The determination of whether a use, building or structure is considered accessory shall be at the
discretion of the Development Authority.
D.1.1.4
When an Accessory Building is attached to a Principal Building by a structural element such
as a common foundation, roof, wall or breezeway, it shall be deemed to be part of the Principal
Building and shall be subject to all yard setback and site coverage regulations of the District in
which it is located, at the discretion of the Development Authority.
D.1.1.5
An Accessory Building shall not be used as a dwelling, except where approved by the
Development Authority.
D.1.1.6
All fabric covered structures shall:
a) Be properly maintained and anchored;
b) Meet the minimum required setbacks for Accessory Buildings; and
c) Not exceed the maximum site coverage as specified in the District regulations.
D.1.1.7
In Hamlet Residential and Country Residential Districts:
a) Accessory Buildings should be similar and complementary to the Principal Building as it
relates to exterior materials, color and appearance.
b) The required minimum side and rear yard setbacks for an Accessory Building may be reduced,
provided that:
i)
No part of the Accessory Building, including eaves or footings or foundation will
encroach into the adjacent site; and
ii)
All roof drainage is directed by eaves troughs and downspouts onto the site where the
Accessory Building is located.
D.1.2
ACCESSORY BUILDINGS - SHIPPING CONTAINERS
D.1.2.1
A Shipping Container shall not require a Development Permit where:
a) It is used for the temporary purpose of moving a dwelling unit or a business for a duration not
exceeding thirty (30) days; and
b) It is fully contained on a parcel.
D.1.2.2
A Shipping Container that does not meet the requirements of Section D.1.2.1 shall be considered
an Accessory Building for the purposes of measurable standards within this Bylaw.
D.1.2.3
A Shipping Container shall be properly maintained and screened from public view to the
satisfaction of the Development Authority.
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D.1.2.4
A Shipping Container shall not be used as a structure for installing or displaying a Sign.
D.1.2.5
Where a Shipping Container(s) are proposed to be used as a building material and modified
and attached to other materials as part of the construction of a larger building or structure the
development shall be considered a Discretionary Use -Administration.
D.1.3
BREEZEWAYS
D.1.3.1
A breezeway that connects two (2) or more buildings and is completely enclosed shall not exceed
3.0 m (9.8 ft) in length. At the discretion of the Development Authority, a longer breezeway may be
allowed due to unique topographical features on the site.
D.1.4
ROOFTOP DECKS
D.1.4.1
Rooftop Decks in Hamlet Districts shall be:
a) Setback a minimum of 1.5 m (4.9 ft) from the building façade; and
b) No less than 2.5 m (8.2 ft) from any property line.
D.1.4.2
Rooftop Decks may require privacy screening to the satisfaction of the Development Authority.
D.1.5
SATELLITE DISHES AND ANTENNAS
D.1.5.1
Satellite dishes, antennas and all structural supports shall be located on the same site as the
intended signal user.
D.1.5.2
Guy wires and other similar structural supports shall not be located closer than 2.0 m (6.6 ft) from
any property line.
D.1.5.3
Satellite Dishes and Antennas shall not be illuminated and shall not display any advertising
signage.
D.1.5.4
A satellite dish that is larger than 0.9 m (3.0 ft) in diameter shall not be located on a roof except for
Apartment buildings and non-residential buildings, subject to the discretion of the Development
Authority.
D.1.5.5
In Hamlet Districts, an amateur satellite or antenna and any structural supports shall not be
erected to exceed 15.0 m (49.2 ft) in height above grade at the site of installation.
D.1.5.6
In Hamlet Districts, antennas shall not be erected in a front yard.
D.1.5.7
In Hamlet Residential Districts not more than one (1) freestanding or two (2) roof top antennas, and
two (2) satellite dishes may be erected on a Parcel.
D.1.6
SWIMMING POOLS
D.1.6.1
Swimming pools shall be considered an Accessory Building for the purposes of measurable
standards and regulations within this Bylaw.
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D.2
AGRICULTURAL AND ANIMAL USES
D.2.1
COMMERCIAL EQUESTRIAN CENTRES
D.2.1.1
An application for a Development Permit for a commercial equestrian centre shall be referred
to the M.D.'s Agricultural Fieldman who will consider and make recommendations to the
Development Authority for conditions of approval, which may include:
a) The maximum number of livestock permitted to be kept on the site in accordance with
Provincial legislation and this Bylaw; and
b) Any other condition that the Development Authority deems necessary.
D.2.1.2
Approval of overnight camping or facilities to accommodate overnight camping for equestrian
centre participants shall be at the discretion of the Development Authority.
D.2.2
LIVESTOCK
D.2.2.1
In all Land Use Districts within a Hamlet or Country Residential Subdivision, Livestock is
prohibited, except in accordance with "Table 36: Livestock Regulations".
D.2.2.2
Animal Units for each Livestock Category within Table 36 will be used to determine Livestock on
sites less than 18 hectares (44.5 acres).
D.2.2.3
Other species not included in Table 36 may be considered at the discretion of the Development
Authority , who shall determine the applicable Animal Unit ratio based on the most comparable
category within Table 36.
D.2.2.4
The maximum number of Animal Units shall be calculated proportionally based on the parcel size
in accordance with Table 36, and fractional Animal Units shall be allowed.
D.2.2.5
Livestock operations that exceed 2.0 Animal Units per acre shall be considered an intensive
livestock operation and shall comply with all applicable Provincial regulations, including the
Agricultural Operation Practices Act (AOPA).
D.2.2.6
On any parcel of land in which livestock are kept, pasture management shall be maintained
to ensure that there is no overgrazing, and manure management shall ensure that runoff does
not enter adjacent lands, a water course or water body and that odours are reduced to the
satisfaction of the Development Authority.
D.2.2.7
The keeping of Chickens shall:
a) Not be for commercial purposes (for clarity, small scale "hobby farm-type" sales or local
neigbourhood sales are not considered "commercial purposes");
b) Have a suitable and secure enclosure to the satisfaction of the Development Authority; and
c) Be located a minimum of 9.1 m (30.0 ft) from any property line, and shall in no case be located
within the front yard.
D.2.2.8
Notwithstanding Section D.2.2.7 d), chickens may temporarily graze within a front yard, so long
as the chickens are secured within a temporary chicken pen or enclosure at all times while grazing
within a front yard.
D.2.2.9
Any applicable regulations and policies related to the keeping of chickens as outlined by the
Province shall be adhered to.
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D.2.2.10 The operator shall exercise best practice strategies in order to ensure a healthy, secure and safe
operations, to the satisfaction of the Development Authority.
D.2.2.11 An application for a Development Permit for all Livestock uses shall be referred to the Agricultural
Fieldman who will consider and make recommendations to the Development Authority for
conditions of approval.
Table 36: LIVESTOCK REGULATIONS
Livestock Category and Density
Equivalent
Animal Unit
Category A: One (1) Cow, Horse, Donkey, or Mule
1.0 Animal Unit
Category B: Two (2) Feeder Cattle, or Swine
1.0 Animal Unit
Category C: Five (5) Sheep, Goats, Alpacas, or Llamas
1.0 Animal Unit
Category D: Ten (10) Geese or Turkeys
1.0 Animal Unit
Category E: Twenty-Four (20) Chickens, Ducks, Geese, Turkeys, Rabbits, Roosters, or Peacocks
1.0 Animal Unit
APPLICABLE
PARCELS
CATEGORY A
CATEGORY B
CATEGORY C
CATEGORY D
CATEGORY E
a) R-1 Parcels
in the Hamlet
of Benchlands
Maximum of 2 horses or llamas per parcel only, provided the
total number of horses or llamas within the entire Hamlet
of Benchlands does not exceed 10 horses or llamas
Not Permitted
Maximum of ten
(10) chickens only
b) CR Parcels
Not Permitted
Not Permitted
Maximum of ten
(10) chickens only
c)
All other applicable parcels where Livestock is permitted in the District as per the below regulations:
Land Area
Category A
Category B
Category C
Category D
Category E
ii. < 3 acres
At the discretion of the Development Authority
1.0 Animal Unit
1.0 Animal Unit
iii. 3 - 44.5
acres
1.0 Animal Unit per 3 acres or refer to applicable Land Use District
tables for increased Livestock density options.
D.2.2.12 All offspring dependent on the parent and not yet weaned are not counted towards the Animal Unit.
D.2.2.13 Notwithstanding the species identified in Livestock Category C, the Development Authority may:
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a) Refuse an application for Sheep or Goats; or
b) Require the Applicant to install no contact fencing in accordance with the Government of
Alberta's fencing program for domestic Sheep and Goats.
D.2.2.14 Notwithstanding the Equivalent Animal Units within Table 36, the Development Authority may
approve lower Animal Units on any given parcel in accordance with the feeding, pasture and
manure management plan submitted by the Applicant, and/or applicable Provincial legislation.
D.2.3
KEEPING OF PETS
D.2.3.1
Keeping of pets shall be regulated as per the M.D.'s Responsible Animal Ownership Bylaw.
D.2.4
KENNELS
D.2.4.1
The Development Authority shall, when issuing a Development Permit for a Kennel,
Commercial determine the maximum number of dogs that may be kept at any one time by the
operator of a commercial kennel. In determining the maximum number of dogs, the Development
Authority shall take into account:
a) The size of the property;
b) The use of adjacent properties;
c) The setback distances to any property line or residential dwelling on an adjacent property; and
d) Noise attenuation measures.
D.2.4.2
In determining the number of dogs, pups less than six (6) months of age shall not be included.
D.2.4.3
The setback distances specified in the District in which a Kennel, Commercial or Kennel, Private
is located shall apply to all structures or facilities used in the kenneling operation, regardless of
size or function of the structure or facility.
D.2.4.4
No buildings, pens, rooms, exercise runs or holding stalls used to accommodate the dogs shall be
allowed within 300 m (984.3 ft) of an existing dwelling located on an adjacent or nearby parcel.
D.2.4.5
All dog facilities, including buildings and exterior exercise areas, shall be located to the rear of
the Principal Building and visually separated from the reception area of a Kennel, Commercial,
unless otherwise approved by the Development Authority.
D.2.4.6
Kennel, Commercial or Kennel, Private facilities shall be screened by both a visual and sound
barrier (fences and/or landscaping) from existing dwellings on adjacent parcels to the satisfaction
of the Development Authority.
D.2.4.7
Pens, rooms, exercise runs, and holding stalls of a Kennel, Commercial or Kennel, Private shall
be adequately soundproofed to the satisfaction of the Development Authority, which shall
consider the following:
a) The recommendations of any noise study;
b) The number of animals to be kept at the kennel;
c) The proximity of the kennel to other uses or other kennels, and
d) The potential for noise from the kennel to adversely affect residential use of the area.
D.2.4.8
The Development Authority may require dogs to be kept indoors between the hours of 7:00 p.m. to
8:00 a.m. inclusive, except when on leashed walks.
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D.2.4.9
Where a Kennel, Commercial or Kennel, Private is to be located near known wildlife corridors or
habitat areas, there shall be strict measures incorporated into the design of the development and
operating procedures to ensure that dogs are securely restrained at all times.
D.2.4.10 A Kennel, Commercial or Kennel, Private shall be operated in accordance with Provincial
health regulations and, in particular, feces and similar wastes shall be disposed of in a manner
acceptable to the public health authority. In no case shall such waste be disposed of in the M.D.'s
waste collection system without the written consent of the Municipality.
D.2.4.11 The Development Authority may require the Applicant of a Kennel, Commercial to:
a) Obtain and submit an inspection report by a Doctor of Veterinary Medicine for either a new
kennel application or the renewal of a permit; and/or
b) Provide a detailed description of how the facility will meet the Canadian Veterinary Medical
Association Code of Practice for Canadian Kennel Operations - Edition 2018, and any
subsequent editions or amendments thereto.
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D.3
COMMERCIAL USES
D.3.1
COMMERCIAL RECREATIONAL VEHICLE STORAGE
D.3.1.1
In all Rural Districts, a Development Permit shall be required for Commercial Recreational
Vehicle - Storage where the vehicles are not owned by the primary resident(s) or landowner(s)
and:
a) More than three (3) Recreational Vehicles are stored; or
b) There is a combination of more than five (5) Recreational Vehicles, boats, ATVs/OHVs stored.
D.3.1.2
Commercial Recreational Vehicle Storage and associated buildings and equipment (e.g. propane
refill) must meet the minimum building setbacks in the applicable District.
D.3.1.3
Commercial Recreational Vehicle Storage site access, internal roads, parking and loading areas
must be:
a) Designed to provide a safe and clearly defined circulation pattern;
b) Be constructed of a durable hard surface of asphalt, gravel or similar material; and
c) Be drained and graded to the satisfaction of the Development Authority.
D.3.1.4
Commercial Recreational Vehicle Storage must not allow for the following to be located on-site:
a) Storage of hazardous materials, except for the sale of propane where granted the
necessary approvals;
b) Day use or overnight accommodation or occupancy of recreational vehicles; and
c) Salvage or storage of derelict vehicles.
D.3.1.5
The Development Authority may require as a condition of approval that the storage site be fenced
to mitigate concerns for noise, lighting, and visual impacts.
D.3.2
VISITOR ACCOMMODATIONS
D.3.2.1
Visitor Accommodations shall:
a) Maintain an open buffer space of sufficient size and composition adjacent to property
boundaries to act as a visual and noise barrier from potential incompatible uses with
surrounding properties; and
b) Not provide any form of permanent habitation, except when approved for staff
accommodation or as a dwelling unit for the landowner or manager.
D.3.2.2
Visitor Accommodations shall not interfere with the rights of other residents to quiet enjoyment
of their neighbourhood.
D.3.3
FLEX ACCOMMODATIONS
D.3.3.1
Flexible accommodation units in a mixed-use building shall:
a) Have an access at grade which is separate from the principal commercial use;
b) Grade access may be direct unit access or access via a communal entrance that serves
multiple units;
c) Be located above the principal commercial use; and
d) Each flexible accommodation unit which has a separate entrance or an entrance to a common
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hallway shall be considered an individual flexible accommodation unit for calculating
minimum parking stall requirements.
D.3.4
RETREATS
D.3.4.1
Retreat - Day Use and Retreat - Day Use & Overnight shall have:
a) A maximum density in accordance with Table 37 below; and
b) A 24-hour on-site manager (either landowner or on-site staff).
Table 37: MAXIMUM DENSITY PER PARCEL FOR RETREAT - DAY USE
AND RETREAT - DAY USE & OVERNIGHT
LAND USE
DISTRICT
PARCEL SIZE
MAXIMUM DENSITY PER PARCEL FOR RETREAT - DAY USE
AND RETREAT - DAY USE & OVERNIGHT
Agriculture
Conservation and
Small Holdings
1-10 ac
At the discretion of the Development Authority based on
the Development Permit application submission
11-40 ac
0.5 person per acre
>40 ac
1 person per acre to a maximum of 80 people
Tourism &
Recreation
1-10 ac
At the discretion of the Development Authority based on
the Development Permit application submission
>10 ac
1 person per acre
Other
Any size
At the discretion of the Development Authority based on
the Development Permit application submission
D.3.4.2
Notwithstanding the maximum density requirements of Table 37, the maximum density for Retreat
- Day Use and Retreat - Overnight Use may be increased or decreased in the sole discretion of the
Development Authority based on the scope of and type of Retreat - Day Use or Retreat - Day Use
& Overnight within the Development Permit application submission, all feedback received from
adjacent landowners during the Development Permit application circulation, and comments
received from internal M.D. departments and/or external agencies during the Development Permit
application referral process in accordance with this Bylaw.
D.3.4.3
Overnight accommodations for Retreat - Day Use & Overnight Uses within the Agriculture
Conservation District and the Small Holdings District cannot exceed 50% of the approved Retreat -
Day Use density, unless otherwise approved in the sole discretion of the Development Authority.
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D.4
INDUSTRIAL AND ENERGY USES
D.4.1
NATURAL RESOURCE EXTRACTION PROCESSING
D.4.1.1
Where a reclamation plan for Natural Resource Extraction is not required by the Province, the
Development Authority may:
a) Require submission of a reclamation plan prepared by a Qualified Professional prior to
commencement of excavation;
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; and
c) Require previous testing results.
D.4.1.2
A Development Permit for Natural Resource Extraction on Crown lands shall not be issued for a
period exceeding the public land lease.
D.4.1.3
Natural Resource Extraction operations shall not excavate:
a) A distance of less than 150 m (492.1 ft) from the nearest part of a dwelling or building used for
overnight accommodation purposes; or
b) Slopes that are steeper than 33.3% (1 rise:3 run) 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.
D.4.1.4
The minimum distance that any sorting, screening, crushing, loading machinery or operations
may be located from a dwelling or building used for overnight accommodation purposes shall not
be less than 300 m (984.3 ft). This distance may be reduced where noise and visual mitigation
measures, such as berming and screening, are provided to the satisfaction of the Development
Authority.
D.4.1.5
Where feasible, Natural Resource Extraction operations adjacent to Municipal roads or highways
shall be screened from view:
a) Where existing trees and vegetative screening exists, by a 30.0 m (98.4 ft) wide buffer; or
b) By berms using the topsoil and overburden material, combined with the planting of trees.
D.4.1.6
If upon removal of any 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
Qualified Professional's report which shall outline any mitigative measures for approval by the
Development Authority and/or the appropriate Provincial authority.
D.4.1.7
All haul roads located on the site which are within 0.8 km (0.5 miles) of a Residential or Recreation
District, and all entrances onto a public road shall be dust proofed with water, or other treatment
acceptable to the Development Authority.
D.4.1.8
Any Municipal roadway used as a haul road that is within 150 m (492.1 ft) of an existing dwelling
or recreational development, shall be dust proofed for a minimum distance of 300 m (984.3 ft) on
either side of the development.
D.4.1.9
For any Natural Resource Extraction use which is not located within an Natural Resource District,
the following provisions shall apply:
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a) The operation shall not include extensive associated development such as Accessory
Buildings or fuel storage tanks; and
b) The excavation area or associated operations shall not be located within any yard setback as
specified in the District regulations in which the site is located.
D.4.1.10 A new Development Permit shall not be issued on a site to the same or different Applicant or
landowner, unless or until any conditions of a previous Development Permit for Natural Resource
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.
D.4.1.11 A separate off-site storage area may be used for stockpiling of material such as surface soil, coal,
reject material (i.e., crushed rock or gravel), and finished product. Contaminated or potentially acid
generating material must not be included in a storage area. Lands used for offsite storage must be
located within the Natural Resource District and shall conform to the following requirements:
a) Material stockpiles setbacks from a waterbody or watercourse shall be a minimum of 100
m (328.1 ft) or at the discretion of a Qualified Professional based on site conditions, such
that they will not be a source of contamination to watercourses, and at a sufficient distance
to minimize impacts to watercourses, including allowing sufficient response time to mitigate
potential impacts;
b) Stockpiled material must be managed to minimize impacts (e.g., erosion, seepage) to the
surrounding area. Where necessary, stockpiles must be stabilized and ditched to prevent
migration of material. Fine solids are to be disposed of in an area not subject to erosion;
c) An Erosion and Sediment Control Plan prepared by a Qualified Professional shall be required
to the satisfaction of the Development Authority to prevent runoff into waterbodies and
watercourses and assist with dust control. The plan shall address mitigation measures
throughout the site and on associated roadways, as necessary;
d) All roads to and from the storage area must be maintained and adequately dust-proofed by the
holder of the Development Permit; and
e) Water that comes into contact with stockpiles must not be released into the environment
unless it complies with wastewater limits as specified by the Alberta Energy Regulator (AER).
D.4.1.12 Material stockpiles shall be positioned to be screened from view as much as possible from
Highway 1, Highway 1A, and Highway 1X. Screening measures may be required by the
Development Authority.
D.4.2
COMMUNICATION TOWERS AND FACILITIES
D.4.2.1
Federally regulated telecommunication antenna structures shall follow the M.D.'s siting protocols.
All other telecommunication antenna structures shall comply with this Land Use Bylaw.
D.4.3
DATA CENTRES
D.4.3.1
The following regulations apply to a Data Centre:
a) Setbacks are measured from the development area to the title parcel boundary. The
development area shall be determined by the Development Authority and includes the area of
all buildings, parking areas, internal roads, and storage areas.
b) Setbacks must adhere to the following:
i)
Setbacks from any provincial highway shall be as per Alberta Transportation and
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Economic Corridors;
ii)
Setbacks from any municipal road allowance shall be a minimum of 30.0 m (98.4 ft); and
iii)
Any additional applicable setbacks in the Land Use District.
D.4.4
DATA CENTRES WITH POWER GENERATION FACILITIES
D.4.4.1
The following regulations apply to a Data Centre and Power Generation Facility:
a) Setbacks are measured from the outer edge of the development area to the nearest residential
dwelling. The development area shall be determined by the Development Authority and
includes the area of all buildings, parking areas, internal roads, and storage areas.
b) Setbacks must adhere to the following:
i)
Setbacks from any Provincial highway shall be as per Alberta Transportation and
Economic Corridors;
ii)
Setbacks from any Municipal road allowance shall be a minimum of 30.0 m (98.4 ft);
iii)
Setbacks from residential uses are at the discretion of the Development Authority in
consultation with the Alberta Utilities Commission (AUC); and
iv)
Any applicable building setbacks in the Land Use District.
D.4.4.2
The Development Authority may require the use of screening and/or landscaping to mitigate
impacts to adjacent properties from the development.
NOTES
If the capacity of the plant is less than 10 MW, municipal approval is required, while 10 MW or
greater AUC approval is also required in conjunction with a municipal approval.
D.4.5
WIND ENERGY CONVERSION SYSTEMS (WECS) COMMERCIAL
D.4.5.1
An application for a new Wind Energy Conversion System (WECS), Commercial or an application
for an expansion to an existing Wind Energy Conversion System (WECS), Commercial use shall
adhere to the following:
a) The maximum height of a Wind Energy Conversion System (WECS), Commercial shall
be at the discretion of the Development Authority, which shall take into consideration the
site area and dimensions, system location, system specifications, and potential impact on
neighbouring properties.
b) All power lines connecting the Wind Energy Conversion System (WECS), Commercial to a
substation, grid or other facility to which power is provided shall be underground, unless an
overhead installation is approved by the Development Authority.
c) The exterior of any Wind Energy Conversion System (WECS), Commercial shall be finished in
a non-reflective matte colour which minimizes the visual impact of the system.
d) To ensure public safety, the Development Authority may require that a security fence not less
than 2.4 m (7.8 ft) in height be erected, or safety mechanism or procedures be employed to
prevent access to the Wind Energy Conversion System (WECS), Commercial.
e) No signage, advertising or accessory installations shall be placed on the exterior of any part of a
Wind Energy Conversion System (WECS), Commercial unless required by law.
f) When a Wind Energy Conversion System (WECS), Commercial becomes obsolete, it
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shall be immediately removed and the development site reclaimed to the satisfaction of the
Development Authority.
D.4.5.2
An application for a new Wind Energy Conversion System (WECS), Commercial shall adhere to
the following:
i)
Minimum setback requirements for Wind Energy Conversion System (WECS),
Commercial towers shall adhere to the following:
(1)
Setbacks from any Provincial highway shall be as per the Government of Alberta
or its equivalent;
(2)
Setbacks from any Municipal road allowance shall be 30.0 m (98.4 ft) from the
outside of the rotor arc;
(3)
Where no road allowance is located between property lines and where both
parcels are included within the same Wind Energy Conversion System (WECS),
Commercial development boundary - 7.62 m (25.0 ft) from the outside of the
rotor arc; and
(4) Where the adjacent parcel is located outside of the site area the minimum
setback shall be the greater of 550 m (1,804.5 ft) or the modeled sound level not
exceeding 45 dBA to the adjacent property line.
D.4.6
WIND ENERGY CONVERSION SYSTEMS (WECS) MICROGENERATION
D.4.6.1
A WECS - Microgeneration shall be considered in accordance with the following requirements:
A) MAXIMUM TOWER HEIGHT
i)
For parcels 0.2 - 0.4 ha (0.5 - 1.0 ac) shall be 30.0 m (98.4 ft).
ii)
For parcels greater than 0.4 ha (1.0 ac) shall be 40.0 m (131.0 ft).
iii)
Tower height shall be in accordance with the manufacturer requirements and shall conform to
the setback requirements below.
B) SETBACKS
i)
The WECS - Microgeneration tower base shall be no closer to the property line than the total
height of the WECS - Microgeneration, and no part of the tower structure, including guy
wire anchors, may extend closer than 3.05 m (10.0 ft) to the property boundaries of the site.
ii)
The WECS - Microgeneration tower base shall be no closer to a dwelling unit on an
adjacent property than the total height of the WECS - Microgeneration. No variance or
relaxation of this requirement is permitted. This distance may be greater if it is determined that
shadow flicker is a factor on adjacent properties. (Note: shadow may be up to 3.6 times the
distance of tower height in winter months).
D.4.6.2
A satisfactory report from a sound engineering professional may be required to ensure noise levels
are not above that of normal ambient background noise on adjacent properties. This determination
shall be measured at the at the property line of the parcel in a direct line between the WECS -
Microgeneration and the dwelling.
D.4.6.3
A WECS - Microgeneration shall be finished in a non-reflective matte and in a colour that
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minimizes any obtrusive impact to the satisfaction of the Development Authority.
D.4.6.4
Except for the manufacturer logo, no advertising shall appear on the tower, blades, or turbine.
D.4.6.5
If the active production of electricity from a WECS - Microgeneration is discontinued for two (2)
years or more, then the WECS - Microgeneration shall be removed entirely, and the site shall be
restored to pre-construction condition.
D.4.7
INDUSTRIAL WORK CAMPS
D.4.7.1
Industrial work camps shall be an accessory development to an approved development or use, or
for a development which is exempt from Municipal approval.
D.4.7.2
Industrial work camps shall be considered Temporary Developments, and shall be limited to a
maximum approval for a 1-year period, unless otherwise allowed by the Development Authority.
D.4.7.3
All required transportation access provisions (e.g. driveways, internal roads, entrances/exits,
vehicular circulation, parking areas) for an industrial work camp shall be provided to the
satisfaction of the Development Authority at the sole cost to the Applicant.
D.4.7.4
The Development Authority may place a maximum limit on the number of persons to occupy the
camp in a period of time (i.e. maximum day shift and night shift personnel).
D.4.7.5
The Development Authority may require as a condition of a Development Permit that the
Applicant provide a refundable security deposit to ensure that the work camp will be removed and
the subject site returned to an acceptable state to the satisfaction of the Development Authority.
D.4.7.6
All buildings in work camps shall be located a sufficient distance from each other and sufficient
precautions are taken to clear the site as required for fire protection purposes as determined by a
Safety Codes Officer in consultation with the Development Authority.
D.4.7.7
Screening and fencing may be required to the satisfaction of the Development Authority.
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D.4.8
SOLAR ENERGY SYSTEMS - COMMERCIAL
D.4.8.1
A Solar Energy System - Commercial development application shall be considered in accordance
with the following requirements:
Minimum Setback Requirements:
a) The minimum distance between a building or structure associated with a Solar Energy System
- Commercial and a property line shall be as follows:
(i)
From any Provincial Highway:
As per the Government of Alberta
(ii)
From any Municipal road allowance:
30.0 m (98.4 ft)
(iii)
Where no road allowance is located between
property lines and where both parcels are included within
the Solar Energy System - Commercial project area.
7.62 m (25.0 ft) or
No setback required where:
(i) both parcels contain solar
infrastructure, and
(ii) both landowners have provided
written agreement to the location of the
placement of the solar infrastructure.
(iv) Where no road allowance is located between property
lines and where one (1) parcel is not included within
the Solar Energy System - Commercial project area
7.62 m (25.0 ft)
D.4.9
SOLAR ENERGY SYSTEM - MICROGENERATION
D.4.9.1
Development of Solar Energy System- Microgeneration - Attached shall follow the requirements
for that principal building and use (i.e., solar panels on a roof).
D.4.9.2
Development of Solar Energy System- Microgeneration - Stand Alone shall follow the minimum
requirements for Accessory Building and Uses in the applicable Land Use District.
D.5
COMMUNITY USES
D.5.1
COMMUNITY GARDEN
D.5.1.1
There shall be no composting of any off-site materials within the Community Garden.
D.5.1.2
Berry producing shrubs shall not be permitted.
D.5.1.3
A wildlife fence at least 2.4 m (7.8 ft) in height and designed to the satisfaction of the Development
Authority in consideration of FireSmart Principles shall be erected around a Community Garden
site which deters wildlife including, but not limited to bear, elk, deer, and rabbits from accessing
the garden site.
D.5.1.4
Water servicing shall be provided in accordance with Sections C.6.2.1 and C.6.3.1, as applicable.
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D.6
RESIDENTIAL USES
D.6.1
ACCESSORY DWELLING UNITS - GENERAL
Attached ADUs
Detached ADUs
D.6.1.1
The regulations in this subsection D.6.1 apply to both Accessory Dwelling Units - Attached and
Accessory Dwelling Units - Detached.
D.6.1.2
The Primary Resident(s) shall manage the subject property at all times.
D.6.1.3
An Accessory Dwelling Unit - Attached and an Accessory Dwelling Unit - Detached cannot
be used as a Short-Term Rental, Visitor Accommodation, or any other short-term commercial
use without obtaining a Development Permit from the Development Authority where this use is
allowed within an applicable District in this Bylaw.
D.6.1.4
The portion of the dwelling or Accessory Building which contains the Accessory Dwelling Unit
shall reflect the exterior design of the Principal Building, and incorporate features such as exterior
cladding, window and door detailing, colors and roof lines.
D.6.1.5
Accessory Dwelling Units shall not interfere with the rights of other residents to quiet use and
enjoyment of their neighbourhood and properties.
D.6.1.6
All resident and tenant parking for any Accessory Dwelling Unit shall be accommodated entirely
on the subject property.
D.6.1.7
If the Development Permit is cancelled in writing by the Development Authority, the landowner
shall remove all onsite improvements that were otherwise authorized as part of the Development
Permit for the Accessory Dwelling Unit within sixty (60) days.
D.6.1.8
Notwithstanding Section D.6.1.7 above, an Applicant that wishes to keep a kitchen associated
with a canceled Development Permit for an Accessory Dwelling Unit may submit a Development
Permit application for a Second Kitchen, which shall be processed as an Accessory Use in
accordance with the applicable District.
D.6.1.9
Accessory Dwelling Units shall not be permitted in conjunction with a Short-Term Rental - Minor
within the same property.
D.6.1.10 All new Accessory Dwelling Units shall be required to connect to Municipal utilities at the
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Applicant's expense, when Municipal servicing infrastructure has been installed to the edge of the
property line or within 25.0 m (82.0 ft) of the property. The principal dwelling shall also be required
to connect to Municipal utilities when Municipal servicing infrastructure is available.
D.6.1.11 Where an Accessory Dwelling Unit is proposed on a parcel with private water and wastewater
systems, the Applicant shall be required to submit a report prepared by a Qualified Professional
confirming the existing systems have sufficient capacity, will meet provincial requirements, and will
not adversely affect adjacent or downstream users or infrastructure.
D.6.2
ACCESSORY DWELLING UNITS - DETACHED
D.6.2.1
Notwithstanding anything else in this Bylaw, an Accessory Dwelling Unit - Detached may be
permitted to have a maximum height of 8.0 m (26.2 ft) where it is located above a garage.
D.6.2.2
The maximum floor area for an Accessory Dwelling Unit - Detached that is not located above a
garage shall be 50% of Habitable Ground Floor Area of the principal dwelling.
D.6.3
FACTORY BUILT DWELLING
D.6.3.1
In all Districts, a Factory Built Dwelling shall:
a) Meet the minimum Habitable Ground Floor Area requirement of the applicable District;
b) Meet the CSA A277 Procedure for Certification of Prefabricated Buildings, Modules, and Panels
Standard for off-site certification, or meet the CSA Z240 MH Series-16 CSA Manufactured
(Mobile) Homes Standard, and comply with all applicable requirements of the National Building
Code - Alberta Edition; and
c) Be built on a permanent foundation to the satisfaction of the Development Authority.
D.6.4
HOME-BASED BUSINESSES
Notes for Readers:
In addition to a Development Permit, most businesses, including home-based businesses, also require
an annual Business License from the M.D.. Please contact the M.D. to obtain your Business License.
There are three (3) types of home-based businesses regulated in the M.D. under the Land Use Bylaw.
1.
Home-Based Business - Office - which are exempted from a Development Permit
2.
Home-Based Business - Minor - which requires a Development Permit and
typically is listed as a permitted use within Land Use Districts.
3.
Home-Based Business - Major - which requires a Development Permit and requires
circulation of the application to nearby properties prior to a decision.
D.6.4.1
The types of home-based businesses allowed shall be limited to those businesses which do not
interfere with the rights of other residents to quiet enjoyment of their neighbourhood, and shall be
incidental and subordinate to the principal residential use.
D.6.4.2
A home-based business shall not create a nuisance by way of dust, noise, smell, or smoke.
D.6.4.3
An Applicant and operator of a home-based business shall be a full-time resident of the property
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in which the home-based business is located. Where the resident is not the landowner of the
property a letter from the landowner granting permission of the application is required.
D.6.4.4
The hours of operation for all home-based businesses shall be limited to 8:00 a.m. to 8:00 p.m.
inclusive, unless otherwise approved by the Development Authority.
D.6.4.5
A Home-Based Business - Minor shall meet the following criteria:
a) All activities and storage shall be located in a building;
b) On-site customer visits shall not exceed a total of five (5) vehicles per day, with each visit not
exceeding more than two (2) vehicles;
c) No outdoor storage of goods; and
d) No on-site employees other than the residents of the Dwelling Unit.
D.6.4.6
A maximum of one (1) sign for a Home-Based Business - Minor shall be permitted in accordance
with Section "D.7 Signage".
D.6.4.7
A Home-Based Business - Major shall be determined as any Home-Based Business that meets
one (1) or more of the following criteria:
a) Operations are within an Accessory Building;
b) The business has on-site sales or customer visits totaling six (6) vehicles or more per day or
more than two (2) vehicles at a time (e.g. group music lessons, yoga class);
c) The business requires parking of a maximum of one (1) commercial vehicle associated with the
Home-Based Business;
d) The business may include outdoor storage;
e) The business requires on-site employees other than the residents of the Dwelling Unit to a
maximum of two (2); and/or
f) The business occupies greater than 20% of the gross floor area of the Dwelling Unit, but does
not exceed 30% of the gross floor area of the Dwelling Unit.
D.6.4.8
A maximum of two (2) signs for a Home-Based Business - Major shall be permitted in accordance
with Section"D.7 Signage".
D.6.5
BED & BREAKFASTS AND SHORT-TERM RENTALS
D.6.5.1
A Bed & Breakfast shall:
a) Not interfere with the rights of other residents to quiet enjoyment of their rural area and shall be
an incidental and subordinate use to the principal residence;
b) Have no more than two (2) bed units per bedroom;
c) Be restricted to the principal residence;
d) Not be allowed within an Accessory Dwelling Unit;
e) Be operated by the permanent residents of the principal residence and employ no more than
one (1) person in addition to the residents;
f) Not change the residential character or external appearance of the principal residence; and
g) Not be permitted on the same property with an Accessory Dwelling Unit.
D.6.5.2
The Development Permit number of the Bed & Breakfast shall be listed on all online
advertisements.
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D.6.5.3
An M.D. approved wall sign, fascia sign, projecting sign, fence sign or freestanding sign
identifying the Bed & Breakfast shall be located on the property. The sign shall:
a) Be weatherproof, visible and reasonable readable from the adjacent roadway;
b) Be no smaller than 0.2 m2 (2.0 ft2) and no larger than 0.6 m2 (6.5 ft2); and
c) Limited to a maximum of one (1) sign per Bed & Breakfast.
D.6.5.4
A Short-Term Rental - Minor shall:
a) Only be allowed on a parcel where a Single Detached Dwelling is already an approved use,
and where the Single Detached Dwelling is occupied by the primary resident(s);
b) Have no more than six (6) guests at any one time per Short-Term Rental, where no more than
two (2) bed units are permitted per bedroom and/or living room area; and
c) Shall not be permitted in conjunction with a Home-Based Business - Major when located in
a hamlet.
D.6.5.5
An M.D. approved wall sign, fascia sign, projecting sign, fence sign or freestanding sign
identifying the Short Term Rental - Minor shall be located on the property. The sign shall:
a) Be weatherproof, visible and reasonable readable from the adjacent roadway;
b) Be no smaller than 0.2 m2 (2.0 ft2) and no larger than 0.6 m2 (6.5 ft2; and
c) Limited to a maximum of one (1) sign per Short Term Rental - Minor.
D.6.5.6
A Short Term Rental - Minor located in a rural area may be permitted in conjunction with a Home-
Based Business - Major if minimum parking requirements for all uses on site are met.
D.6.5.7
A Short-Term Rental - Major shall:
a) Be allowed within a Single Detached Dwelling;
b) Have no more than six (6) guests at one time per Short-Term Rental, where no more than two
(2) bed units are permitted per bedroom and/or living room area; and
c) Shall provide and maintain a 24-hour contact number for the landowner or operator of the
Short-Term Rental.
D.6.5.8
An M.D. approved wall sign, fascia sign, projecting sign, fence sign or freestanding sign
identifying the Short-Term Rental - Major shall be located on the property. The sign shall:
a) Be weatherproof, visible and reasonable readable from the adjacent roadway;
b) Be no smaller than 0.2 m2 (2.0 ft2) and no larger than 0.6 m2 (6.5 ft2); and
c) Limited to a maximum of one (1) sign per Short-Term Rental - Major.
D.6.5.9
Where the maximum limit of Short-Term Rentals set forth in the District regulations has been
approved in a hamlet, no additional approvals shall be granted unless a Development Permit for a
Short-Term Rental:
a) Is canceled by the M.D.; or
b) Is canceled by the landowner in writing.
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D.6.6
MOVED-ON DWELLINGS
D.6.6.1
In all Districts, a Moved-On Dwelling shall:
a) Meet all the regulations within the applicable Land Use District;
b) Obtain all necessary Safety Code permits;
c) Require submission of an APEGA certified Qualified Engineer's report stating the dwelling
meets the requirements of the National Building Code - Alberta Edition, that it is structurally
capable of being moved, and meets the minimum Habitable Ground Floor Area requirements
under the applicable Land Use District, prior to being moved;
d) Have an approved transportation route to the satisfaction of the Development Authority;
e) Be built on a permanent foundation to the satisfaction of the Development Authority;
f) Be moved onto the permanent foundation within 60 days of arrival at the site;
g) Provide a security deposit for a minimum of $5,000 or 125% of the estimated cost of the
renovations (whichever is higher) to;
i)
Guarantee the satisfactory and timely completion of the work as outlined in the
Development Permit application and the conditions of the permit; and/or
ii)
Indemnify the Municipality against any damages that may occur to public utilities,
roads or sidewalks as a result of relocating the dwelling; and
h) Enter into an agreement, particularly in regard to the completion of the proposed renovations
within a specified time period.
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D.7
SIGNAGE
D.7.1
GENERAL SIGN REGULATIONS
D.7.1.1
The components that make up a sign are shown in Figure 30 below, including the Sign Face,
Support Structure (Label "B"); Graphics and Lettering (Label "C"); and the Frame (Label "A").
Figure 30: SIGN COMPONENTS
Component A
Sign Face/Panel (i.e. Copy Area)
Component B
Sign Support Structure (&
Mounting Hardware)
Component C
Graphics & Lettering (i.e. Copy)
Component D
Frame/Border
D.7.1.2
Unless specifically exempt from the requirement to obtain a Development Permit pursuant to this
Bylaw, all signs placed or erected on land or any building or structure require a Development
Permit.
D.7.1.3
In determining the relative merits of a Development Permit application for a sign, the
Development Authority shall consider both the sign structure and the appearance of the copy
area of the sign, including any wording or images. Applicants are advised to consider both
elements in making their application.
D.7.1.4
No sign shall be placed on, affixed to or overhang any Municipal property or road right-of-way
without the prior written consent of the Municipality or appropriate public body. Election signs on
Municipal property shall be in conformance with municipal Election Sign Policy.
D.7.1.5
Signs which are proposed to be illuminated shall be lit by top-mounted lights pointed downwards
or internally illuminated. Lighted signs shall not cause light trespass onto or adversely affect
neighbouring properties, and shall be Dark Sky Compliant lighting, pursuant to Section "C.5.1
Exterior Lighting". Notwithstanding this provision, no illuminated signs shall be permitted within
Residential Districts.
D.7.1.6
All signs shall be kept in a safe, clean, free of overgrown vegetation, and well-maintained condition.
The Development Authority may require the cleaning, removal or renovation of a sign determined
to be otherwise.
D.7.1.7
The quality, design and character of a sign shall be to the satisfaction of the Development
Authority which shall have due regard for the amenities of the District in which the sign is proposed
to be located. Signs shall not adversely affect the use or enjoyment of neighbouring properties.
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D.7.1.8
Where a sign does not conform to any of the identified sign types defined in this Bylaw, the
Development Authority shall consider a Development Permit application for a sign on its merits.
D.7.2
SIGNS NOT REQUIRING A DEVELOPMENT PERMIT
D.7.2.1
A Development Permit is not required for the following signs provided that the proposed sign
complies with all applicable regulations of this Bylaw and any regulations specified in the Land Use
District in which it is located:
a) Alterations to a sign which do not change the physical dimensions or location or lighting of
a sign;
b) Signs erected by the M.D. on Municipal property;
c) Signs erected by the Provincial highway authority within a highway right-of-way;
d) Address signs;
e) Garage or yard sale signs, provided the signs are located on the site in which the sale is to
occur, and such signs are displayed no longer than seven (7) days prior to the event and are
removed the day after the event has occurred;
f) Election signs on private property identifying a political campaign provided such signs are
displayed no longer than from the date of the election writ or declaration and are removed
within seven (7) days following the election, referendum or plebiscite;
g) Signs providing information of a campaign or drive provided such signs are posted for a
maximum period of fourteen (14) days, and are located on the lot the event is proposed
to occur;
h) Signs displaying an informational or warning message, including signs related to construction
or demolition activities on a site for which a development or demolition permit has been
issued, traffic control, and warning signs;
i) An identification sign for a residential dwelling, provided that the sign contains only the civic
address and the name of the residential landowners or occupants, and does not include a sign
identifying or advertising a home-based business or Short-Term Rental;
j) A-Board Signs, provided that:
i)
No more than one (1) A-Board Sign is displayed per business frontage;
ii)
Where a business fronts onto more than one (1) road right-of-way, no more than one (1)
A-Board Sign is displayed on each business frontage; and
iii)
The A-Board Signs do not exceed 0.6 m (2.0 ft) in width and 1.0 m (3.3 ft) in height;
k) Flag Signs, provided that:
i)
The Flag Signs display only identification messages or are of a decorative nature;
ii)
No more than three (3) Flag Signs are erected on a site; and
iii)
The maximum size of a Flag Sign is no greater than 2.0 m2 (21.5 ft2) in area;
l) Real Estate Signs, provided that:
i)
The signs are removed within twenty-one (21) days after the sale or rental agreement has
been entered into; and
ii)
The maximum size of the Real Estate Sign is no greater than 0.5 m2 (5.4 ft2) in sign area;
m) Window Signs, provided that:
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i)
The maximum area of Window Signs does not exceed 25% of the window in which the
signs are located; and
n) Temporary notice signs for Development Permits.
D.7.3
PROHIBITED SIGNS
D.7.3.1
Except for directional signs, no signage shall be located on a site for a business or activity that is
not on the site in which the business or activity is located.
D.7.3.2
No sign shall be erected that will obstruct free and clear vision of vehicular traffic, or be located,
or display a light intensity or color where it may interfere with, or be confused with any authorized
traffic sign, signal or device and in doing so create a traffic hazard.
D.7.3.3
To ensure safe vehicle and pedestrian movement all signs shall comply with Section "C.2.3
Intersection Sight Line Triangles".
D.7.3.4
Rotating and flashing signs, including animated signs and electronic variable message signs, are
prohibited.
D.7.3.5
Notwithstanding Sections D.7.1.6 and D.7.3.4, electronic variable message signs may be
permitted when associated with a Vehicle - Service Station and used for the sole purpose of
advertising fuel prices to the traveling public. The sign lighting must be Dark Sky Compliant.
D.7.3.6
Signs shall not cover architectural detailing of a building, including but not limited to windows,
cornices, arches, sills or mouldings.
D.7.4
AWNING AND CANOPY SIGNS
D.7.4.1
Awning and Canopy Signs shall be clear, legible, visually attractive and compatible with the
building it is attached to and with the surrounding street-scape.
D.7.4.2
Awnings and canopies attached to a building that are used for signs shall:
a) Only extend 75% of the length of the building or bay to which it is attached;
b) Be a maximum of 1.5 m (4.9 ft) vertical distance from the bottom to the top of the awning or
canopy; and
c) Have a minimum clearance of 2.8 m (9.2 ft) above grade.
D.7.4.3
Freestanding canopies, or canopies that are intended to cover a motor vehicle used for signs shall:
a) Be a maximum of 1.0 m (3.3 ft) vertical distance from the bottom to the top of the awning
or canopy;
b) Have a minimum clearance of 4.2 m (13.9 ft) and shall not exceed 5.2 m (17.1 ft) in height above
grade; and
c) Be located a distance of 0.6 m (2.0 ft) from a property line.
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D.7.5
FASCIA SIGNS
D.7.5.1
Fascia Signs shall not project more than 0.4 m (1.3 ft) from the building face.
D.7.5.2
The combined copy area of all Fascia Signs shall not exceed 15% of the face of the building or bay
to which the sign is attached.
D.7.5.3
Fascia Signs may be permitted to be located below the floor level of the second and third storeys
of a building.
D.7.5.4
Fascia Signs are encouraged to be lit by top-mounted lights, and internally illuminated Fascia
Signs may be permitted to enhance visibility where required.
D.7.6
FENCE SIGNS
D.7.6.1
A fence used for a sign shall be in good condition and properly maintained. An Applicant may
be required by the Development Authority to provide evidence of the fence condition upon
application for a Development Permit.
D.7.6.2
Fence Signs shall not exceed the height above grade of the fence to which it is attached, and shall
be securely fastened.
D.7.6.3
A Fence Sign shall not exceed 2.0 m2 (21.5 ft2) in sign area.
D.7.7
FREESTANDING SIGNS
D.7.7.1
One (1) Freestanding Sign shall be permitted per lot frontage where allowed in the applicable Land
Use District.
D.7.7.2
Freestanding Signs shall not exceed:
a) A maximum sign area of 6 m2 (64.6 ft2) on each sign face; and
b) A maximum sign height of 3 m (9.8 ft) above grade, excepting a maximum sign height of 6
m (19.68 ft) above grade in a Commercial or Mixed-Use District adjacent to Highway 1 and
Highway 1A.
D.7.7.3
Notwithstanding Section D.7.7.2 above, the maximum sign area and height of a Freestanding
Sign which identifies a condominium or subdivision development shall be at the discretion of the
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Development Authority.
D.7.7.4
A support structure for a Freestanding Signs shall be setback a minimum of 0.6 m (2.0 ft) from
any property line and no part of the sign shall encroach on to or overhang an adjacent property
or road right-of-way.
D.7.7.5
The electrical supply to a lighted Freestanding Signs shall be located underground.
D.7.7.6
For a Vehicle - Service Station, the Development Authority may allow a maximum of three (3)
additional Freestanding Signs containing advertising sign messages to be located on a site.
Each sign shall be a maximum of 1.5 m2 (16.1 ft2) in sign area and 2.0 m (6.6 ft) in sign height
above grade.
D.7.8
PORTABLE SIGNS
LAND USE BYLAW OPEN HOUSE
APRIL 10 | 7:00 PM
AT THE COMMUNITY HALL
D.7.8.1
Excepting Portable Signs erected by the Municipality as Informational Signs, or signs
approved by the Development Authority to be erected as a Temporary Sign, no person shall
place, erect, or use a portable sign within the M.D..
D.7.8.2
Portable Signs shall only contain public messages and shall not contain commercial
advertising of products, goods or services.
D.7.9
PROJECTING SIGNS
D.7.9.1
No more than two (2) Projecting Signs shall be permitted per site, or where a building contains
multiple businesses, not more than one (1) Projecting Sign shall be permitted per business /
bay.
D.7.9.2
Projecting Signs shall:
a) Have a maximum sign area no greater than 1.0 m2 (10.8 ft2);
b) Have a vertical clearance of not less than 2.4 m (7.8 ft) above grade;
c) Not project greater than 1.5 m (4.9 ft) from the building face; and
d) Be spaced at a minimum horizontal distance of 5.0 m (16.4 ft).
D.7.9.3
Supports and structures for a projecting sign which are visible shall be of a style and
character that is complimentary to the building to which it is attached.
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D.7.10
ROOF SIGNS
D.7.10.1 The vertical height of a Roof Sign shall not exceed 3.0 m (9.8 ft) in height, and when mounted on the
building, shall not exceed the maximum height limit for that building as specified in the applicable
Land Use District.
D.7.10.2 Roof Signs may only be authorized if they do not interfere with public safety in the opinion of the
Development Authority.
D.7.10.3 Roof Signs shall not be used in conjunction with Fascia Signs.
D.7.11
TEMPORARY SIGNS
D.7.11.1 Signs may be permitted on a temporary basis at the discretion of the Development Authority,
which shall take into consideration the appropriate time period, sign message and intent, and the
use of the site.
D.7.12
WALL (MURAL) SIGNS
D.7.12.1 Wall Signs may be permitted to be painted or engraved into the surface of a building, wall or
surface of any structure at the discretion of the Development Authority, which shall take into
consideration: the use of the site; the height and setback of the building or structure; the proposed
size, design, appearance, illumination and visibility of the sign; and the potential impact of such
sign on adjacent properties.
D.7.13
SIGN TYPES ALLOWED BY DISTRICT
D.7.13.1 The following sign types are allowed in the Districts listed below in Table 38. The uses are listed
as: Permitted Use (P) and Discretionary Use - Admin (D-A) and shall be processed accordingly in
accordance with this Bylaw.
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Table 38: SIGN TYPES ALLOWED BY DISTRICT
DISTRICT
SIGN TYPES
AWNING
&
CANOPY
FASCIA
FENCE
FREE
STANDING
PROJECTING
ROOF
WALL /
MURAL
R-1
X
X*
X*
X*
X*
X
X
R-1S
X
X*
X*
X*
X*
X
X
*Signs are allowed in conjunction with an approved STR-Minor or STR-Major
RM
X
D-A
X
D-A
X
X
D-A
HMU
P
P
D-A
D-A
P
D-A
D-A
H-ID
P
P
P
P
P
D-A
D-A
HT
X
X
D-A
D-A
X
X
D-A
P
P
P
P
P
P
P
P
F
D-A
D-A
P
P
D-A
D-A
D-A
AC
X
X
P
D-A
X
X
X
SH
D-A
D-A
P
D-A
D-A
X
D-A
CR
X
D-A
D-A
D-A
X
X
X
T&R
D-A
D-A
D-A
D-A
D-A
D-A
D-A
HWY-C
P
P
D-A
D-A
D-A
D-A
D-A
R-ID
P
P
P
D-A
D-A
D-A
D-A
NR
D-A
D-A
P
P
D-A
X
D-A
TSD
D-A
D-A
D-A
D-A
D-A
D-A
D-A
NPA
D-A
D-A
D-A
D-A
D-A
D-A
D-A
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D.8
VEHICULAR-ORIENTED USES
D.8.1
VEHICLE SERVICES - GAS BARS AND SERVICE STATIONS
D.8.1.1
The following uses: Vehicle - Service Station; and Vehicle - Truck Service Centre shall comply
with the following standards, in addition to any other relevant standards in this Bylaw:
a) All fuel pump islands shall be located a minimum of 5.0 m (16.4 ft) from a parcel line or parking
area.
b) A canopy used to cover motor vehicles shall be located a minimum distance of 0.6 m (2.0 ft)
from any parcel line.
c) The front yard shall be no less than 12.0 m (39.4 ft); and
d) The parcel boundaries other than those fronting a road, shall be appropriately screened to the
satisfaction of the Development Authority.
D.8.2
QUEUING SPACES
D.8.2.1
Where queuing spaces are required by the Development Authority for vehicular-oriented uses, the
queuing spaces shall:
a) Not interfere with other vehicular or pedestrian movements;
b) Be a minimum of 2.75 m (9.0 ft) in width and 6.5 m (21.3 ft) in length and provide sufficient
space for the turning and maneuvering of vehicles;
c) Provide sufficient queuing spaces for the proposed use or business including a minimum of:
i)
One (1) space per fuel pump; and
ii)
Two (2) spaces per car wash bay.
D.9
TEMPORARY DEVELOPMENTS
D.9.2.1
A Development Permit issued for a temporary use shall indicate the date of commencement of the
development and the date of expiry of the permit and may contain conditions necessary to ensure
that the development ceases and that the area in which the development occurs is returned to its
natural state.
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Part E.
AUTHORITIES AND PROCEDURES
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E.1
APPROVAL AUTHORITIES
E.1.1
DEVELOPMENT OFFICER
E.1.1.1
Council establishes the office of the Development Authority to exercise development powers
and perform duties on behalf of the Municipality. The role of the Development Authority shall be
carried out by the following:
a) The Development Officer; and
b) The Municipal Planning Commission (MPC).
E.1.1.2
The Development Officer shall:
a) Advise, assist and provide recommendations to the MPC and Council where applicable, in
regard to the planning of orderly and economical development;
b) Ensure that any proposed development is in accordance with this Bylaw and is consistent
with the Municipal Development Plan, other Municipal statutory plans and adopted
Municipal policies;
c) Receive, determine the completeness, and process development applications in accordance
with Section "E.2 Development Permit Applications";
d) Refer for decision to the MPC, all Development Permit applications assigned to the MPC as
outlined in the use lists of each Land Use District under Part B or any other application referred
to the MPC by Administration, or at the request of an Applicant if requested at the time of the
application submission;
e) Receive, determine the completeness, and process, all applications for subdivision in
accordance with the Act and Section "E.3 Subdivision Applications";
f) Receive, determine the completeness, and support the processing of Land Use Bylaw
amendment applications in accordance with Section E.4;
g) Coordinate, prepare, and issue letters on behalf of the M.D., in response to application referrals
from adjacent municipalities for Development Permit, subdivision, statutory plan, or bylaw
amendment applications;
h) Enforce this Bylaw per Section E.6, through Stop Orders and ensuring violation tickets are
issued; and
i) Keep a register of all applications for development, including the decisions thereon and where
applicable the reasons therefore, and all orders, for the period established in the Records
Retention Schedule Bylaw.
E.1.2
DECISIONS AND VARIANCE POWERS
E.1.2.1
The Development Officer may consider and decide on Development Permit applications listed as:
a) Permitted Uses (P);
b) Discretionary Uses - Admin (D-A); and
c) Temporary Development Permit applications,
as listed in each Land Use District under "Part B. Land Use Districts" and Section "D.7.12
Wall (Mural) Signs" of this Bylaw.
E.1.2.2
The Development Officer may consider and decide on the following subdivision applications:
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a) Boundary adjustments;
b) The first parcel subdivision of a quarter section in the Agriculture Conservation (AC) District.;
and
c) An application proposing up to four (4) new parcels within the Jamieson Road Policy Area of the
Municipal Development Plan.
E.1.2.3
At their sole discretion, the Development Officer may refer any Development Permit or subdivision
application described in Sections E.1.2.1 and E.1.2.2 to the MPC for review and decision.
E.1.2.4
The Development Officer shall approve an application for a Permitted Use that conforms to the
provisions of this Bylaw, with or without conditions.
E.1.2.5
The Development Officer may approve an application for a Development Permit described in
Section E.1.2.1 that requires one (1) or more of the following variances, in accordance with the
following:
a) A variance to maximum site coverage, maximum building height, or minimum parking stall
requirements not exceeding 10%; or
b) A variance to minimum parking stall requirements not exceeding 30% where supported by
a Traffic Impact Assessment or Parking Study completed by a Qualified Professional that
supports the variance and will not result in severely contributing to parking congestion in the
area to the satisfaction of the Development Authority; and
c) A variance to all other measurable standards applicable to Permitted Uses and Discretionary
Uses - Administration, not exceeding 30%.
E.1.2.6
In making a decision on an application that requires a variance described above, the Development
Officer may approve the application with or without conditions or refuse the application, stating
reasons for the refusal, and directing how an appeal can be made.
E.1.2.7
Where the Development Officer approves an application for a variance with or without conditions,
the Development Officer shall determine that:
a) The proposed development would not unduly interfere with the amenities of the
neighbourhood, or materially affect the use, enjoyment or value of neighbouring parcels of
land; and
b) The proposed development conforms to the use prescribed for the Land Use District in which it
is located.
Time Extensions and Amendments
E.1.2.8
Where a Development Permit has been issued for a Temporary Development Permit, the
Development Authority may issue a time extension to the permit.
E.1.2.9
The Development Authority shall consider the following when deciding on the issuance of a time
extension for a Temporary Development Permit:
a) Whether the site remains a suitable location for the proposed use(s);
b) If developments in the vicinity of the site remain compatible with the proposed use(s), including
any recent new developments;
c) Whether the development will result in unacceptable concerns to servicing (water, wastewater,
sewer) in the area; and
d) Whether the application complies with any applicable changes to Municipal land
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use regulations.
E.1.2.10 The Development Officer may decide on time extensions or amendments to Development Permits
which:
a) The Development Officer issued; or
b) The MPC issued, if the following criteria are met:
i)
No record of complaint or non-compliance exists with the M.D.;
ii)
Providing the extension or amendment does not increase density or intensity of activities
on site; and
iii)
Does not cause additional off-site impacts.
E.1.3
MUNICIPAL PLANNING COMMISSION
E.1.3.1
The Municipal Planning Commission (MPC), is established by a separate bylaw and hereby
appointed by Council as a Development Authority.
Duties
E.1.3.2
The MPC shall consider and decide on Development Permit applications assigned to the MPC.
Decisions and Variance Powers
E.1.3.3
The MPC is authorized to render a decision on the following applications:
a) All Discretionary Uses - MPC (D-MPC);
b) All Development Permits, including Temporary Development Permits, and subdivision
applications which have been referred to the MPC by the Development Officer; and
c) For time extensions or amendments to Development Permits which:
i)
Have been referred to it by the Development Officer; or
ii)
Where the original decision was made by the MPC and the provisions of Section E.1.2.10
(b) have not been met.
E.1.3.4
The MPC may approve a new Development Permit or a change to an existing Development Permit
which requires a variance to:
a) Minimum parking stall requirements not exceeding 75% where supported by a Traffic Impact
Assessment or Parking Study completed by a Qualified Professional that supports the
variance and will not result in severely contributing to parking congestion in the area; and
b) 100% of any measurable standard in this Bylaw, or a variance of any measurable standard in
this Bylaw which cannot be measured in percentages.
E.1.3.5
In making a decision on a Development Permit application, the MPC may:
a) Approve the application with or without conditions; or
b) Refuse the application, stating reasons for the refusal and directing how an appeal can be
made.
E.1.3.6
In making a decision on an application that requires a variance, the MPC may:
a) Approve the application with or without conditions, if in the opinion of the MPC:
i)
The proposed development would not unduly interfere with the amenities of the
neighbourhood, or materially affect the use, enjoyment or value of neighbouring parcels
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of land; and
ii)
The proposed development conforms to the use prescribed for the Land Use District in which it
is located; or
b) Refuse the application, stating reasons for the refusal and directing how an appeal can
be made.
E.1.4
SUBDIVISION AUTHORITY
E.1.4.1
The Subdivision Authority, is established by a separate bylaw and hereby appointed by Council
as a Subdivision Authority. This includes the Development Officer, and the Municipal Planning
Commission.
E.1.4.2
The Subdivision Authority shall perform such duties as prescribed in the:
a) Municipality's Subdivision Authority Bylaw;
b) The Act; and
c) The Matters Related to Subdivision and Development Regulation.
E.1.4.3
In rendering a decision on a subdivision application, the Subdivision Authority may:
a) Approve the application with or without conditions; or
b) Refuse the application with reasons.
E.1.4.4
The Subdivision Authority shall render a decision on a subdivision application within sixty (60) days
of receiving a completed application except:
a) Where the Act and the Matters Related to Subdivision and Development Regulation stipulate a
shorter time period; or
b) An extension to the deadline for the decision has been granted by the Applicant in accordance
with the Act.
E.1.4.5
Unless restricted in the applicable Land Use District, the Subdivision Authority may approve an
application for a subdivision that requires one (1) or more of the following variances:
a) A variance to the minimum or maximum parcel area; or
b) A variance to the minimum or maximum parcel width or length.
E.1.4.6
Where an application for a subdivision does not comply with the Land Use Bylaw it shall be referred
to the MPC for a decision.
E.1.4.7
In making a decision on an application that requires a variance described above, the Subdivision
Authority may:
a) Approve the application with or without conditions, if in the opinion of the Subdivision Authority
the proposed subdivision demonstrates compliance with:
i)
The Act;
ii)
The Municipal Development Plan;
iii)
The Municipality's infrastructure and service requirements;
iv)
Applicable environmental legislation; and
v)
Any specific plans or policies (i.e. Area Structure Plans); or
b) Refuse the application, stating reasons for the refusal, and directing how an appeal can
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be made.
E.1.4.8
The Subdivision Authority may decide on time extensions or amendments to subdivision
applications.
E.1.5
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
E.1.5.1
The Subdivision and Development Appeal Board (SDAB) is established under the Municipality's
Subdivision and Development Appeal Board Bylaw.
E.1.5.2
The Subdivision and Development Appeal Board shall perform such duties as prescribed in the:
a) Subdivision and Development Appeal Board Bylaw; and
b) The Act.
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E.2
DEVELOPMENT PERMIT APPLICATIONS
E.2.1
DEVELOPMENT PERMITS REQUIRED
E.2.1.1
Except as provided for below, no person shall commence and undertake any development unless:
a) A Development Permit has first been issued pursuant to this Bylaw; and
b) The development has proceeded in accordance with the terms and conditions of the
Development Permit.
E.2.2
DEVELOPMENT PERMITS NOT REQUIRED
E.2.2.1
A Development Permit is not required for the following developments provided that the proposed
development complies with all applicable regulations (such as height, setbacks, density) of this
Bylaw:
EXCEPTION
CONDITION(S) OF EXCEPTION
a) Maintenance, repair or
alteration to buildings
The work does not include floor area, building footprint, or building height
alterations, does not change the use or intensify the use of the building,
and is subject to obtaining a Building Permit when required.
b) Installation of temporary equipment,
structures or buildings for construction
During the period of the construction, excluding any buildings for
residential occupancy. A Development Permit is not required for the
installation of equipment, structures or buildings that are required for
construction activities associated with a valid Development Permit.
c) Stripping, grading or removal of soil
As part of a development for which a Development Permit has
been issued and applicable conditions of the permit have been
met, or a Development Agreement has been signed.
d) Construction, completion,
alteration or maintenance of a
roadway, lane, driveway, walkway,
or utility, including a well or private
wastewater or water supply system
When undertaken on:
i. A public roadway, utility right-of-way, easement, or undertaken to connect the same
with any lawful use of any buildings or land, as approved by the Municipality;
ii. Private land except second driveway approaches in accordance with Section
C.3.2.6.b); or
iii. Crown lease land.
e) Installation, maintenance or repair
of public works, services and utilities
When undertaken on a public roadway, utility right-of-way, easement,
or undertaken to connect the same with any lawful use of any
buildings or land, as approved by the Municipality.
f) Erection, construction or
maintenance of a fence, gate,
When fences, gates are 2.0 m (6.6 ft) or less in height,
pursuant to the regulations in Section C.2.6.
g) Erection, construction or
maintenance of retaining walls
When retaining walls are 0.9 m (3 ft) or less in total height.
h) Temporary use of a building
For temporary polling station for a Federal, Provincial or
Municipal election or referendum or plebiscite.
i) Landscaping activities
Which do not adversely affect the grading and drainage of the subject or
adjacent properties; adhere to Fire Smart principals; and is in accordance
with the Environmental Protection and Enhancement Act.
j) Home-Based Business - Office
N/A
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k) Temporary occupancy
of a recreational vehicle
outside of a Hamlet
The vehicle must be fully accommodated on a driveway or hard-
surfaced parking area, contained within the property boundary, and
do not encroach upon the landscaped portion of the site;
The occupancy period does not exceed 14 consecutive days in a 3-month period; and
The vehicle is allowed on the property without any form of
remuneration in exchange for the temporary occupancy.
For the purpose if this provision "occupancy" means the use of
a Recreational Vehicle for overnight accommodation.
l) Storage of a recreational
vehicle in a hamlet District or
country residential District
Up to a maximum of one (1) Recreational Vehicle when the vehicle is fully
accommodated on a driveway or hard-surfaced parking area, contained within the
property boundary, does not encroach upon the landscaped portion of the site;
There is an existing dwelling on site available for occupancy; and
The vehicle is allowed on the property without any form
of remuneration in exchange for the storage.
m) Storage of derelict or dismantled
vehicle, or stock car
When stored in a building in any District; or
In the Agriculture Conservation District or Forest Area District, when
stored outside no closer than 40.0 m (131.2 ft) from a public road.
n) Construction or maintenance of
patios and decks or other structures
(excluding swimming pool)
When structures are under the height of 0.6 m (2.0 ft).
o) Hot Tubs
Must comply with all required setbacks and Building Permit requirements.
p) Rental of a Dwelling Unit or room
When the period is for a long-term basis of thirty (30) consecutive days or more.
q) Construction or maintenance of
an accessory building or structure
When the accessory building or structure is 10.0 m2 (107.6 ft 2) or less in floor
area, subject to the regulations in Section 4.1 and any applicable regulations of
the Land Use District in which the development is proposed to be located.
r) Construction or maintenance
of Farm Structures
When used for the housing of livestock or the storage or maintenance of equipment
or materials or produce associated with an existing agricultural operation; and
Where Farm Structures are listed as a Permitted Use and the
parcel size is 18 ha (44.5 ac) in area or greater.
s) Extensive agricultural
uses and livestock
Where extensive agriculture and livestock are listed (either together or separately)
as Permitted Uses and the parcel size is 18 ha (44.5 ac) in area or greater.
t) Logging and other forestry
uses or activities
In accordance with Section "C.4.7 Logging" and E.2.4.5 - Logging.
u) Above or below ground
fuel storage tanks
That are less than 2,500 L and meet all Safety Codes requirements
v) Shipping Containers
For the temporary use (30 days or less) in the assistance of moving
a household or business and must be located completely within
the site unless otherwise approved by the Municipality.
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w) The installation of Solar System,
Microgeneration Attached
Provided that:
i.
The energy produced is primarily for on-site use;
ii.
The solar collectors are flush-mounted on a wall, roof or fence;
iii.
Pole-mounted or ground-mounted solar collectors do not
exceed a maximum height of 4.0 m (13.1 ft) above grade; and
iv.
The solar collectors meet the minimum yard setback distances
specified in the Land Use District in which it is located.
x) Satellite dishes or the addition of a
satellite dish or antenna to an existing
communication tower or facility
See Section D.1.5.
y) Demolition of a building
When a valid Demolition Permit has been issued by the Safety Codes Officer.
z) Air Conditioning Units
When a valid Building Permit is obtained.
aa) Signs
See Section D.7.1
E.2.3
SUBMISSION REQUIREMENTS FOR ALL APPLICATIONS
E.2.3.1
An application for a Development Permit shall be made to the Development Officer using the
prescribed form and accompanied by:
a) One digital set of plans drawn to a metric scale of 1:100 in Adobe Acrobat PDF format, which
shall at minimum show:
i)
North arrow and scale;
ii)
Legal description of the property, and municipal address if available;
iii)
Legal lot lines and setback dimensions;
iv)
Site topography showing grades and drainage, at not less than 0.5 m (1.6 ft)
contour intervals;
v)
Environmental features, including but not limited to escarpments, water courses and
water bodies;
vi)
Location of existing and proposed buildings or structures, dimensioned to property lines;
vii)
Development density and site coverage calculations;
viii)
Location of existing and proposed on-site water and wastewater systems, including
septic tanks and disposal fields;
ix)
Location of existing and proposed driveway approaches, culverts, driveways;
x)
Location of parking plan illustrating that the required on-site parking is provided in
accordance with the Land Use Bylaw;
xi)
Location of existing and proposed trees, landscaping, fencing, retaining walls and other
physical features;
xii)
Location of existing and proposed garbage and storage areas;
xiii)
Location of existing and proposed fencing or screening proposed;
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xiv)
Location of existing and proposed on-site signage; and
xv)
Location of easements.
b) Floor plans of each level identifying the use of all building areas;
c) Elevation drawings of each side of the building, including which property line the façade faces
(i.e. east, west, southwest, etc.), building height measurements, representation of exterior
finishing materials and colours, and number of storeys, in accordance with the definitions in
this Bylaw;
d) A description of uses and activities taking place on site;
e) Written confirmation from the landowner verifying the Applicant's authority to make an
application regarding their property, which may be provided by signature on the applicable
Development Permit application form, or a letter, signed and dated by the landowner;
f) High-quality colour photographs from all sides (north, south, east, west) of the site;
g) A signed authorization granting right of entry to M.D. staff;
h) A current copy of the Certificate of Title (must obtained from Alberta Land Titles within 30 days
of submission) for the subject lands; and
i) An application requiring a variance to a provision of this Bylaw shall be accompanied by
a detailed description outlining reason(s) for the required variance and why the proposed
development cannot be accommodated under the prescribed provisions of this Bylaw
and the applicable Land Use District, and accompanied by any applicable studies by
Qualified Professional(s).
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Figure 31:
RURAL SITE PLAN EXAMPLE
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Figure 32:
HAMLET & COUNTRY RESIDENTIAL SITE PLAN EXAMPLE
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E.2.3.2
In addition to the above Development Permit application requirements, the Development
Authority may require any of the following be submitted:
a) Accommodation statutory declaration form, either
i)
A statutory declaration from the landowner or tenant of the subject property which
states that the landowner will occupy and utilize the property as a Primary Residence
upon building occupancy approval and will continue to do so for the duration of the
Development Permit; or
ii)
Where the landowner or tenant of the property is a corporate body, a statutory
declaration form that a specifically named Director or Officer of the body corporate
will occupy and utilize the property as a Primary Residence upon building occupancy
approval and will continue to do so for the duration of the Development Permit.
b) Animal (Domestic and/or Livestock) Management Plan;
c) Building Moving Plan that includes;
i)
A recent photograph of the building to be moved,
ii)
The location that the building is to be moved from,
iii)
A report detailing the structural integrity of the building from a qualified person (such as a
structural engineer or building Safety Codes Officer),
iv)
A description of any proposed renovations to be undertaken after the building is moved,
information regarding the method, route and timing of the proposed relocation, and
v)
A copy of any required Alberta Transportation Permits;
d) Construction Management Plan;
e) Cross sections;
f) Description of accommodation or bed units;
g) Description of facilities/equipment for firefighting purposes;
h) Development Impact Assessment and/or Environmental Site Assessment;
i) Exterior Lighting Plan that must demonstrate compliance with Dark Sky principles to minimize
light pollution, reduce glare, and preserve night sky visibility;
j) Floodplain Study;
k) Waste and Recycling Management Plan;
l) Geo-technical Report and/or Slope Stability Assessment;
m) Stripping and Grading Plan;
n) Groundwater Assessment or Hydrological Assessment;
o) Harvesting Plan;
p) Haul Route Plan;
q) Hazardous Management Plan;
r) Heritage Resource Impact Assessment;
s) Landscaping Plan;
t) Description of mitigation measures (noise, traffic, visual);
u) Offsite features within 300 m (984.2 ft) of the site such as hydrographic and topographic
features, roads, buildings and dwellings;
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v) Photographs or aerial photographs of the site or surrounding site;
w) Plan of Survey, Topographical Survey, and/or Real Property Report;
x) Reclamation Plan;
y) Servicing details including a statement of intent respecting the method to be used for the supply
of potable water and disposal of wastewater, accompanied by supporting documentation;
z) Stormwater Management Plan;
aa) Traffic Report, Parking Study, or Traffic Impact Assessment;
bb) Utilities or Servicing Study;
cc) Weed Control Plan; or
dd) Any other such information that may be required at the discretion of the
Development Authority.
E.2.3.3
A Stripping and Grading Plan submitted as part of an application shall include:
a) Source location and volume (m3) of soil and fill;
b) Contaminant testing results;
c) Haul routes and estimated truck traffic per day;
d) Proof of Alberta approval for highway use, if applicable; and
e) A Road Use Agreement for overweight / over-dimensional loads to the satisfaction of the
Development Authority.
E.2.3.4
Where a Landscaping Plan is required by the Development Authority, no landscaping work shall
be commenced until the Landscaping Plan is approved by the Development Authority; and shall
include the following:
a) Boundaries and dimensions of the site;
b) Adjacent land uses;
c) Location and name of adjacent roads, lanes, driveway entrances, sidewalks and trails;
d) Footprint and dimensions of all buildings;
e) Location of any utilities or right-of-ways;
f) Pedestrian circulation and open space systems;
g) Location and description of any existing or proposed physical features such as fences, berms,
retaining walls, outdoor furniture, decorative paving, water features;
h) Location and description of any hard landscaping materials such as rocks or mulching;
i) Location and description of any existing or proposed plant materials, identifying plant common
and botanical name, quantity and size at planting; and
j) Site area proposed to be landscaped, and the percentage of site coverage.
E.2.3.5
At the discretion of the Development Authority, a Landscaping Plan may be required to be
stamped by a registered Landscape Architect.
E.2.3.6
The Development Authority may require, as a condition of a Development Permit or Development
Agreement, that the Applicant provide a landscaping security deposit. The security deposit shall
only be returned in full to the Applicant upon completion of the landscaping according to the
approved plan, to the satisfaction of the Development Authority.
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Third Party Review
E.2.3.7
The M.D. may conduct third party review of any studies submitted as part of any application, where
all costs shall be borne by the Applicant.
E.2.4
ADDITIONAL SUBMISSION REQUIREMENTS FOR SPECIFIC USES
Data Centres and Data Centre and Power Generation Facilities
E.2.4.1
In the case of a proposed Data Centre or a proposed Data Centre and Power Generation Facility,
the Proponent shall provide the following to the Development Authority:
a) Details on the type of system, building or structure being used;
b) Source of electricity including the size, capacity and details on any on-site power generation
facility (including all provincial applications and approvals);
c) Cooling system proposed including details on the source and discharge of cooling water and
the daily amount of water used;
d) Projected noise levels and noise abatement plans;
e) Land and topographic conditions;
f) Details on vegetation on the site; and within 150 m (492.1 ft) of the development with it being
illustrated on a professionally prepared site plan;
g) Fire response plan;
h) Copies of any applications, reports or materials submitted to provincial authorities related to
the development; and
i) Public road and access available to the site.
Solar Energy System - Commercial
E.2.4.2
In addition to other application requirements specified in this Bylaw, an Applicant shall submit
a copy of all Provincial approvals (e.g., AUC approval) as part of an application for a Solar Energy
System - Commercial development.
Livestock
E.2.4.3
In addition to the general Development Permit application requirements the Applicant shall
provide:
a) A description specifying the number and type of livestock, and the expected length of stay of
the animals during a typical year;
b) The submission of a feeding, pasture and manure management plan;
c) A description of how surface water run-off will be contained on the site using berms, ditches or
other means;
d) Identification of the grass and forage species in the proposed pasture; and
e) A site plan of the property illustrating:
i)
Where the animals would be kept, including the location of any animal paddocks and
other livestock structures.
ii)
The general contours of the land at approximately 1.5 m (4.9 ft) intervals to indicate
drainage patterns and any areas that may not be suitable for grazing or containment due
to steep slopes;
iii)
Proposed manure storage areas and bedding sites;
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iv)
Livestock watering resources;
v)
Water wells and septic fields on the subject and adjacent properties;
vi)
Distance to neighboring residences; and
vii)
Identification of all water bodies on the property and distance of these water bodies to
where livestock will be kept and/or grazed.
Livestock (Chickens)
E.2.4.4
In addition to the general Development Permit application requirements the Applicant shall
provide:
a) A site plan showing where the chickens would be kept;
b) A description of all proposed enclosures and buildings;
c) The submission of a best practice strategy plan which addresses how the chickens will be
maintained to ensure that odours are minimized, disease is controlled, and they do not become
a wildlife attractant, to ensure a healthy, secure and safe operation;
d) The submission of a management plan that addresses manure handling and disposal; and
e) A description of chicken breed and the number of chickens.
Logging on Private Lands
E.2.4.5
To log more than 10% of a privately owned parcel, or a minimum of 6 ha (14.8 ac) on privately
owned lands that are identified on "Figure 24: Logging on Private Lands Requiring a Development
Permit" on Private Lands, the Applicant shall submit the following additional items to the
satisfaction of the Development Authority:
a) A Harvesting Plan to be prepared in accordance with the Alberta Timber Harvest Planning and
Operating Ground Rules, and the plan is to be reviewed and signed by an Alberta Registered
Professional Forester;
b) A location plan showing all hydrographic and topographic features, roads, buildings and
residences within 150 m (492.1 ft) of the property;
c) A haul route plan showing which haul roads are to be used and methods for dust control; and
d) A Reclamation Plan.
Retreats
E.2.4.6
In addition to other application requirements specified in this Bylaw, an Application for a Retreat -
Day Use or Retreat - Day Use & Overnight shall submit the following.
a) Detailed description of the proposed activities, events, and land uses occurring on the site,
including the maximum anticipated number of people and employees on the site at one time;
b) Water and Wastewater Servicing Plan;
c) Solid Waste Disposal Plan;
d) Emergency Response Plan;
e) Wildfire Risk Assessment;
f) Noise Abatement Plan; and
g) Wildlife Impact Mitigation Plan.
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E.2.5
NOTICE OF INCOMPLETE APPLICATION
E.2.5.1
The Development Officer shall deem an application for a Development Permit as "incomplete" if
one (1) or more requirements listed in this Bylaw:
a) Has not been submitted; or
b) Has been submitted, but lacks information or the information submitted is unclear,
illegible, outdated, or lacks necessary details required for an accurate evaluation of the
development proposal.
E.2.5.2
If the Development Officer determines the application is incomplete, the Development Officer
shall, in accordance with the timelines under Section 683.1 of the Act email a Notice of Incomplete
Application to the Applicant:
a) Listing the missing application requirements;
b) Setting a deadline date by which the missing requirements must be received by the
Development Authority; and
c) Advising the Applicant that if the requested items are not received by the deadline, then the
application shall be "deemed refused" in accordance with Section 683.1 of the Act.
E.2.5.3
Notwithstanding Section E.2.5.2 above, the Development Officer has discretion to extend the
deadline set in the notice for an incomplete application to avoid a deemed refusal. To extend the
deadline:
a) The Development Officer must issue a Time Extension Agreement; and
b) The Applicant must sign and return the Time Extension agreement on or before the deadline.
E.2.6
NOTICE OF COMPLETE APPLICATION
E.2.6.1
When the Development Authority determines a Development Permit application is complete, the
Development Authority must email a Notice of Complete Application to the Applicant, which at
minimum includes the:
a) Subject Development Permit number;
b) Civic address and legal description of the subject property;
c) Date the application was deemed complete; and
d) Date the Development Authority must render a decision in accordance with the Act.
E.2.7
REFERRAL OF COMPLETE APPLICATIONS TO GOVERNMENTS AND AGENCIES
E.2.7.1
The Development Officer shall refer all complete applications to:
a) Internal Municipal departments;
b) Those authorities and agencies prescribed within the Matters Related to Subdivision and
Development Regulation;
c) Council, where the application is governed by a Direct Control District, unless otherwise
regulated in the respective District; and
d) An adjacent municipality or government authority:
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i)
When required by an Intermunicipal Development Plan or Intermunicipal Collaboration
Framework; or
ii)
For lands not subject to an Intermunicipal Development Plan or intermunicipal
agreement, but within a 1.6 km (1 mile) boundary of another local government, the
following shall be circulated for review and comment:
iii)
Discretionary use Development Permits;
iv)
Statutory Plans and amendments thereto;
v)
Concept Plans and amendments thereto;
vi)
Amendments to this Bylaw; and
vii)
Any other subdivision and development proposals deemed to have an impact on
adjacent local government, and discretionary use development applications.
E.2.7.2
Where a Development Permit application has been referred to internal departments, external
authorities and/or agencies for comments, the Development Authority shall provide a minimum of
thirty (30) days from the date of the referral for a response.
E.2.8
REFERRAL OF COMPLETE APPLICATIONS TO ADJACENT LANDOWNERS
E.2.8.1
When a Development Permit application either for a Permitted Use requiring a variance or a
Discretionary Use is deemed complete, the Development Authority shall issue a Notice of
Complete Application that is sent by regular mail to:
a) In the case of an application within the Hamlets of Dead Man's Flats and Exshaw all landowners
of parcels within 50 m (164 ft);
b) In the case of an application for a Home-Based Business - Major within the Hamlet of
Benchlands or a Country Residential Land Use District, all landowners within the Hamlet or the
Country Residential subdivision;
c) In the case of an application within the Hamlet of Lac des Arcs and Harvie Heights, all
landowners of parcels within 100 m (328 ft);
d) In the case of an application within a Country Residential Land Use District all landowners of
parcels within 500 m (1,640 ft);
e) In the case of an application for all other applicable uses within the Hamlet of Benchlands, all
landowners of parcels within 300 m (984 ft);
f) in the case of all other applications not stated above, all landowners of parcels within 1.0 km
(0.6 miles); and
g) Any other landowners that in the opinion of the Development Authority may be affected.
E.2.8.2
Notice of Complete Application referred to in Section E.2.8.1 above shall include:
a) Subject Development Permit number;
b) Civic address and legal description of the subject property;
c) A description of the proposed use and/or development, including the Applicant's rationale for
any variances being requested;
d) A location map of the subject property;
e) Where further information may be obtained;
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f) Contact details for submitting comments to the Development Authority; and
g) The deadline for submitting a response to the Development Authority, which must be a
minimum of fifteen (15) days, starting from the date the notice was sent by regular mail from
the M.D.
E.2.8.3
In addition to the Notice required in Section E.2.8.1 above, the Applicant should provide
notification on the property in accordance with Section E.2.8.4 below.
E.2.8.4
Where notification on-site is required in Section E.2.8.3 above, the notification shall adhere to the
following:
a) Must be at a location that is visible and reasonably readable from the public realm at the front
of the subject property;
b) Be posted for a minimum period of ten (10) days prior to the issuance of a Notice of Decision;
and
c) Shall describe the proposed use and/or development and advise any interested parties where
further information may be obtained.
E.2.9
ISSUANCE OF DEVELOPMENT PERMITS
Development for a Permitted Use
E.2.9.1
When an application for a Development Permit for a Permitted Use that meets all provisions of
this Bylaw is approved, the Development Officer shall:
a) Immediately issue a Development Permit by email to the Applicant; and
b) Publish the Development Permit on the M.D. website.
Development Permit for a Permitted Use with a Variance or a Discretionary Use
E.2.9.2
When an application for a Development Permit is approved for a Discretionary Use, or for a
Permitted Use with a variance, the Development Authority shall:
a) Issue the Development Permit by email to the Applicant;
b) Publish the Development Permit on the M.D. website and at least one (1) newspaper within the
Municipality stating at minimum:
i)
The legal description and civic address (if applicable) of the subject property;
ii)
A description of the development, including any variances being approved; and
iii)
State the procedure for making an appeal and that an appeal may be filed within twenty-
one (21) days after the date on which the notice of issuance of the permit is published on
the M.D. website.
E.2.9.3
Notwithstanding Section E.2.9.2 above, at the discretion of the Development Authority a notice of
issuance of a Development Permit may be sent by regular mail to:
a) In the case of an application within the Hamlets of Dead Man's Flats and Exshaw all landowners
of parcels within 50 m (164 ft);
b) In the case of an application for a Home-Based Business - Major within the Hamlet of
Benchlands or a Country Residential Land Use District, all landowners within the Hamlet or the
Country Residential subdivision;
c) In the case of an application within the Hamlet of Lac des Arcs and Harvie Heights, all
landowners of parcels within 100 m (328 ft);
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d) In the case of an application within the Country Residential Land Use District all landowners of
parcels within 500 m (1,640 ft);
e) In the case of an application for all other applicable uses within the Hamlet of Benchlands, all
landowners of parcels within 300 m (984 ft);
f) In the case of all other applications not stated above, all landowners of parcels of land within
1.0 km (0.6 miles);
g) Government departments or agencies; and
h) Any other landowners that in the opinion of the Development Authority may be affected.
Permit Validity
E.2.9.4
When an application for a Development Permit is approved, the Development Permit shall not
come into effect until the 21-day appeal period has expired, which is determined as follows:
a) Pursuant to Section 686 of the Act, the appeal period for any affected party is twenty-one (21)
days from the date notice is published on the M.D. website; and
b) For the Applicant, twenty-one (21) days from the date notice is given by email in accordance
with the Act.
E.2.9.5
If an appeal is made the Development Permit is not valid unless it is upheld or varied by the
applicable Appeal Board.
E.2.9.6
Once issued, a Development Permit remains in effect until:
a) It expires in cases where it was issued for a limited period of time;
b) It expires due to failure to commence or complete the development;
c) It is cancelled or suspended; or
d) It is replaced with a new Development Permit
E.2.10
FAILURE TO RENDER A DECISION
E.2.10.1 If the Development Authority does not render a decision within forty (40) days of an application
being deemed complete, the Applicant may:
a) Accept the application has been deemed refused; or
b) Enter into a Time Extension agreement with the Development Authority to extend the
40-day period.
E.2.11
REPEAT DEVELOPMENT PERMIT APPLICATIONS
E.2.11.1 If a Development Permit application is refused or cancelled by the Development Authority, the
submission of an application must not be accepted for the same or similar use on the same site
for at least six (6) months after the refusal.
E.2.11.2 Notwithstanding Section E.2.11.1 above, Council may waive the six (6) month time period for re-
submission of a refused or cancelled same or similar use application.
E.2.11.3 Determination of what constitutes the same or similar use shall be made by the Development
Authority.
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E.2.11.4 Section E.2.11.1 above does not apply to applications deemed refused under Section E.2.6,
where the Applicant has not submitted the information requested to determine if the application is
complete.
E.2.12
CONDITIONS FOR APPROVED DEVELOPMENT PERMITS
E.2.12.1 The Development Authority may impose any of the conditions listed below in Sections E.2.12.2
through E.2.13.1 as deemed necessary.
Third Party Review
E.2.12.2 The M.D. may conduct third party review of any studies submitted as part of any application, where
all costs shall be borne by the Applicant.
Development Agreements
E.2.12.3 The Development Authority may require that the Applicant enter into a Development Agreement
with the M.D.
Performance Security
E.2.12.4 The Development Authority may require the Applicant and/or the landowner provide a
performance security up to 125% of the value of performing or completing particular requirements
of the Development Agreement or Development Permit.
Additional Information
E.2.12.5 The Development Authority may require that additional information be provided by the Applicant
in accordance with Section "E.2.3 Submission Requirements for All Applications" and Section
"E.2.4 Additional Submission Requirements for Specific Uses".
Additional Approvals Required
E.2.12.6 If a Development is to be serviced by a Private Utility, the Development Authority shall impose
a condition requiring such Private Utility to be approved by appropriate authorities prior to the
development proceeding.
E.2.13
RESTRICTIONS ON USES AND DEVELOPMENTS
E.2.13.1 The Development Authority may impose the following conditions on Development Permits for
Permitted Uses, Discretionary Uses or for Permitted Uses with a variance, for the purpose of
mitigating impacts to nearby properties:
a) The time within which a development or any part of it is to be completed;
b) Time limits respecting the duration that a Development Permit may continue to be in effect;
c) The phasing of a development;
d) Development and construction practices;
e) The maximum density of dwelling units, persons or animals that may be allowed to occupy
a site;
f) The size, location, orientation, appearance and character of a building or other structure;
g) Lot grading;
h) The consolidation of parcels;
i) The hours of operation of a business;
j) Water conservation measures, including the installation of low-flow plumbing fixtures;
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k) Measures for the mitigation of dust, vibrations, odour and noise;
l) Improvements to Municipal infrastructure such as roads and water and wastewater treatment
or distribution systems;
m) Compliance with the Municipality's Transportation Policies, including but not limited to:
i)
The development of the municipal road allowance to Municipal standards;
ii)
The landowner to enter into a valid agreement with a neighbouring property for access
purposes; and
iii)
The landowner to sign a Release/Hold Harmless agreement with the Municipality for
registration on the subject property;
n) The Applicant shall comply with any reports/studies prepared by a Qualified Professional to
the satisfaction of the Development Authority;
o) Proof that the Applicant has met recommendations of any reports/studies submitted to and/or
accepted by the Development Authority; and
p) Any other condition to ensure that this Bylaw, any Statutory Plans, the Act and its regulations
affecting the land to be developed or subdivided are complied with.
E.2.14
COMMENCEMENT AND COMPLETION OF DEVELOPMENT
Incomplete Developments
E.2.14.1 Unless otherwise specified in the Development Permit, Notice of Decision, or in an associated
Development Agreement, if the development authorized by a Development Permit is:
a) Not commenced within 12 months from the effective date of the permit; or
b) Not completed within 24 months from the effective date of the permit; then
c) Such permit approval ceases, and the permit is cancelled and without effect, unless an
extension to this period has been granted by the Development Authority in writing.
E.2.14.2 A development once begun shall not be abandoned or left for an extended period of time in what
the Development Authority considers to be an unsightly or unsafe condition.
Time-Limited Development Permits
E.2.14.3 The Development Authority may, prior to the expiry date of a time limited permit accept an
application for a new Development Permit to renew/extend the time duration of an existing
Development Permit provided that the Applicant has submitted a complete application.
Suspension or Cancellation of a Development Permit
E.2.14.4 The Development Authority may cancel or suspend a Development Permit by written notice to
the permit holder if, after a Development Permit has been issued, the Development Authority
becomes aware that:
a) The application for the Development Permit contains a misrepresentation;
b) Facts concerning the application, or the development were not disclosed at the time the
application was considered;
c) Any condition under which the Development Permit was issued has been contravened;
d) The Development Permit was issued in error; or
e) The landowner provides a written request for cancellation or withdrawal to the
Development Authority.
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E.2.14.5 Notice of the Development Authority's decision to cancel the Development Permit shall state the
reasons for cancellation and shall be provided to the following:
a) Landowner;
b) Applicant; and
c) Other parties at the discretion of the Development Authority.
E.2.15
DEVELOPMENT COMPLETION CERTIFICATES
E.2.15.1 As a condition of approval, the Development Authority shall require the Applicant of an approved
Development Permit apply for a Development Completion Certificate, prior to the permit
expiring per Section "E.2.14 E.2.14 Commencement and Completion of Development".
E.2.15.2 To obtain a Development Completion Certificate, the Applicant may be required to schedule a
site inspection with a Designated Officer, at the discretion of the Development Authority.
E.2.15.3 The Development Authority or Designated Officer shall only issue a Development Completion
Certificate if:
a) All conditions are being met and complied with;
b) All performance securities have been returned; and
c) The Development Agreement has been removed or is the process of being removed from the
land title, per Section "E.2.12.3 - Development Agreements".
E.2.15.4 Notwithstanding subsections .1 through .3 above, the Development Authority may determine a
Development Completion Certificate is not required in circumstances where:
a) No construction was undertaken;
b) No exterior site alterations were required;
c) No utilities or infrastructure improvements were required; and
d) No additional information, authorizations, permits, or evidence has been required as conditions
of the approval.
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E.3
SUBDIVISION APPLICATIONS
E.3.1
NOTICE REQUIREMENTS
E.3.1.1
Within twenty (20) days of receiving a subdivision application, the Subdivision Authority
shall determine the completeness of the application and issue a notice in accordance with
Section E.3.2 or E.3.3.
E.3.1.2
A written agreement, between the Applicant and Subdivision Authority, may be granted to
extend the 20-day period to determine if the application is complete.
E.3.2
NOTICE OF COMPLETE APPLICATION
E.3.2.1
If the Subdivision Authority determines that the application is complete, the Subdivision
Authority must issue a written notice to the Applicant that includes:
a) The date on which the application is deemed complete;
b) The legal land description of the property subject to the application;
c) The date the Subdivision Authority is required to render a decision; and
d) Any other information at the discretion of the Subdivision Authority.
E.3.3
NOTICE OF INCOMPLETE APPLICATION
E.3.3.1
If the Subdivision Authority determines the application is incomplete, the Subdivision
Authority must issue a written notice to the Applicant that includes:
a) The date on which the application is deemed incomplete;
b) The legal land description of the property subject to the application;
c) A list of outstanding information and the deadline for submitting the required
information; and
d) Any other information at the discretion of the Subdivision Authority.
E.3.4
SUBMISSION REQUIREMENTS FOR ALL SUBDIVISION APPLICATIONS
E.3.4.1
A complete application for subdivision shall include:
a) A signed application on the prescribed form;
b) The required fee;
c) A signed authorization granting right of entry to M.D. staff;
d) One digital set of plans drawn to scale in Adobe Acrobat (.pdf) format, showing:
i)
Location, dimensions and boundaries of the parcel to be subdivided;
ii)
Location, dimension and boundaries of each proposed lot to be created including
any reserve land;
iii)
Existing rights-of-way of each public utility, or other rights-of-way;
iv)
Location, use and dimensions of all buildings on the land that is the subject of
the application, indicating those buildings that are proposed to be demolished
or removed;
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v)
Location of any existing or proposed wells, any private wastewater disposal systems and
the distance from these to the existing or proposed buildings or property lines;
vi)
Location and boundaries of the bed and shore of any river, stream, watercourse, lake or
other body of water that is contained within or bounds the proposed parcel of land;
vii)
Location of any slopes which have a gradient of 15% or greater;
viii)
Existing and proposed access to the proposed parcels and the remainder of the
titled area;
ix)
Location of any gas or oil wells or pipelines on the site and within 1.5 km (0.9 mile) of
the site;
x)
Presence and location of any abandoned gas or oil wells on the lands subject to the
application; and
xi)
Any additional information as specified in the Matters Related to Subdivision and
Development Regulation required by the Subdivision Authority to determine whether the
application meets the requirements of the Act;
e) Written explanation of how the application complies with:
i)
The Municipal Development Plan; and
ii)
The M.D.'s Standards for Subdivision Policy; and
f) Written explanation containing reasons for any variance being requested by the Applicant.
E.3.4.2
Due to the detailed nature or size of the proposed subdivision, the Subdivision Authority may
require oversized sets of plans drawn to scale, the number of which shall be determined based on
the application referral requirements.
E.3.5
ADDITIONAL SUBMISSION REQUIREMENTS FOR SUBDIVISION APPLICATIONS
E.3.5.1
In addition to the general subdivision application requirements listed above, the Subdivision
Authority may require any of the following:
a) A Real Property Report showing any existing buildings on the property that are proposed
to remain;
b) If a proposed subdivision is not to be served by a water distribution system, a report that meets
the requirements of the Water Act;
c) If a proposed subdivision is not to be served by a wastewater collection system, information
supported by the report of a person qualified to make it respecting the intended method of
providing wastewater disposal facilities to each lot, including the suitability and viability of
that method;
d) An assessment prepared by a Qualified Professional of subsurface characteristics of the land
that is to be subdivided including but not limited to susceptibility to slumping or subsidence,
depth to water table and suitability for any proposed on-site wastewater disposal system;
e) A servicing concept plan, including water, sanitary sewer, storm sewer, electricity, gas,
telephone and cable utilities;
f) A report certified by a Qualified Engineer providing details of proposed on and off-site
servicing, any required upgrading of that servicing, and considering cumulative impacts;
g) Compliance with the Municipality's Transportation Policies in order to secure legal access
for the subject property, including but not limited to, the execution of any agreements with the
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Municipality and/or neighbouring landowners;
h) A site grading plan, showing proposed building elevations in comparison to adjacent roadways
and lots;
i) Identification of all drainage channels and other water bodies, wetlands, major tree stands,
ravines, views and any other distinctive physical characteristics within and adjacent to
the subdivision;
j) Where the provision of municipal reserves are proposed, an evaluation of those reserves in
accordance with any Statutory Plan and the Community Services Master Plan;
k) Where the provision of environmental reserves are proposed or required, an evaluation of those
reserves in regard to their effectiveness in protecting bodies of water and riparian habitat, the
provision of public access, and the protection of other natural resources or features as required
by the Act;
l) Calculations of the gross area of land in the plan area and the allocation of that land to roads,
lanes, lots and reserves;
m) A slope stability analysis for lands which have a gradient of 15% or greater;
n) A wildfire hazard analysis that assesses structure location, design and landscaping on the
subject property as well as vegetation cover in the surrounding area;
o) Location of any proposed or designated wildlife corridors or environmentally sensitive areas on
or within the subdivision; and
p) A review of potential historically significant features on site, and if such features are present, a
report detailing the steps required to mitigate impacts of development on said features.
E.3.5.2
When a proposed subdivision is part of a larger area, the whole of which may eventually be
subdivided and for which no overall plan has been prepared, the Subdivision Authority may require
the area be comprehensively planned in accordance with Section "E.5 Area Structure Plans and
Concept Plans", prior to accepting the application as complete. Submission of an overall plan or
approval of a conceptual scheme for the whole area before considering the subdivision application.
E.3.6
REFERRAL OF SUBDIVISION APPLICATIONS
E.3.6.1
Completed applications shall be circulated in accordance with the Matters Related to Subdivision
and Development Regulation. The Subdivision Authority may also refer an application for
subdivision to any Municipal, Provincial or Federal department, or any other agency or body
it deems appropriate, or as required by an Intermunicipal Development Plan, or Cooperation
Framework.
E.3.7
NOTICE OF DECISION
E.3.7.1
When a decision has been made on an application for subdivision, the Notice of Decision shall be
sent to the:
a) Applicant; and
b) Those persons and authorities that are required to be circulated a copy of the application under
the Matters Related to Subdivision and Development Regulation.
E.3.7.2
A decision on an application for subdivision is not an approval to develop, construct or build on the
land. Site grading, earthworks, or any other construction shall not commence nor proceed until the
conditions of subdivision approval have been met, a Development Agreement has been signed, or a
Development Permit has been issued.
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E.3.8
REPEAT SUBDIVISION APPLICATIONS
E.3.8.1
When an application for subdivision has been refused, the submission of another application for a
subdivision on the same property for the same or similar subdivision, submitted by any Applicant,
may not be accepted by the Subdivision Authority for at least six (6) months after the date of
refusal.
E.3.9
CONDITIONS OF SUBDIVISION APPROVAL
E.3.9.1
In addition to the conditions lists under Section E.3.9, generally, the Subdivision Authority may
impose any condition that:
a) Ensures compliance with this Bylaw, including but not limited to regulations around lot size,
setbacks, density, and permitted uses;
b) Mitigate environmental impact concerns, including but not limited to requiring environmental
reserve dedication, conservation easements, mitigating potential impacts on natural areas,
weed management, and/or addressing soil contamination;
c) Regulating aesthetics including landscaping, fencing, and other elements to ensure
compatibility with the surrounding area;
d) Measures to manage drainage, prevent erosion, and protect water quality;
e) Measures to mitigate development from environmental hazards, such as flood prone areas,
slope and soil instability, and implementation of FireSmart design principles;
f) Registration of easements, covenants, and/or dedication of reserves or deferred reserve
caveats on title, in accordance with the Act and Matters Related to Subdivision and
Development Regulations.
E.3.9.2
Subject to the standards of the applicable Land Use District, other regulations in this Bylaw, the
provisions of any Statutory Plan, and the Act and its regulations when approving a subdivision
application, the Subdivision Authority may impose any conditions it deems necessary, including
but not limited to the following:
a) That the Applicant make satisfactory arrangements for the supply of gas, water, electric power,
telephone, sewer service, vehicular and pedestrian access or any other utility or service or
facility, including payment of installation or construction costs by the Applicant;
b) That the Applicant enter into a Development Agreement with the Municipality in accordance
with the Act;
c) That the Applicant enter into an agreement with the Municipality to ensure the conditions of
the subdivision approval have been met;
d) That any subdivision approval does not exempt the Applicant from obtaining any necessary
permits from other government departments or agencies;
e) The consolidation of parcels;
f) Improvements to municipal infrastructure such as roads and water and wastewater treatment
or distribution systems;
g) Compliance with the Municipality's Transportation Policies, including but not limited to:
i)
The development of the municipal road allowance to Municipal standards,
ii)
The landowner to enter into a valid agreement with a neighbouring property for access
purposes, and
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iii)
The landowner to sign a Release/Hold Harmless agreement with the Municipality for
registration on the subject property;
h) That the Applicant comply with any reports/studies prepared by a Qualified Professional to
the satisfaction of the Subdivision Authority;
i) Proof that the Applicant has met recommendations of any reports/studies submitted to and/or
accepted by the Development Authority;
j) That the M.D. may conduct third party review of any studies submitted as part of any
application, where all costs shall be borne by the Applicant; and
k) Any other condition to ensure that this Bylaw, any Statutory Plans, the Act and its regulations
affecting the land to be developed or subdivided are complied with.
Security
E.3.9.3
Where an agreement is entered into or a permit is issued, the Development Authority or
Subdivision Authority may require the Applicant to provide security to ensure the terms of the
agreement or permit are carried out, or to mitigate any issues created by the development if
the Applicant defaults on the development. The security may amount to 125% of the value of
performing or completing particular requirements of the agreement or permit.
Registration of Conditions on Title
E.3.9.4
The Municipality shall register a caveat in respect of a Development Agreement against the
certificate of title for the property that is the subject of the development or subdivision. This caveat
shall be discharged when the agreement has been complied with, at the request of the landowner
or the landowners' agent.
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E.4
LAND USE BYLAW AMENDMENT APPLICATIONS
E.4.1
AUTHORITY TO AMEND THIS BYLAW
E.4.1.1
Any person may apply to amend this Bylaw pursuant to the Act by making an application in
accordance with Sections E.4.2 and E.4.3 below.
E.4.2
SUBMISSION REQUIREMENTS FOR BYLAW AMENDMENT APPLICATIONS
E.4.2.1
An application to amend this Bylaw shall include:
a) A completed application on the prescribed form;
b) A written statement of the nature and reasons of the proposed amendment;
c) A statement in support of the amendment, describing how the Municipal Development Plan,
any Area Structure or Redevelopment Plan and other relevant Statutory Plans affecting the
application have been considered; and
d) The application fee, as established in the Municipality's Fee Schedule Bylaw.
E.4.2.2
If the amendment application includes the re-Districting (i.e. rezoning) of land to a different Land
Use District established in Section B, then the following shall also be required:
a) A certificate of title issued from Alberta Land Titles within thirty (30) days of the date of
application submission;
b) Copies of any restrictive covenant or caveats, or any other documentation satisfactory to the
Development Authority;
c) If the Applicant is an agent of the landowner, written approval from the landowner verifying the
agent's authority to make application;
d) Permission for right-of-entry by an Officer, as outlined in Section E.6; and
e) A map drawn to scale in Adobe Acrobat (.pdf) format, clearly indicating the affected site and its
relationship to existing land uses on adjacent properties.
E.4.3
ADDITIONAL SUBMISSION REQUIREMENTS FOR BYLAW AMENDMENT
APPLICATIONS
E.4.3.1
In addition to the above, the Applicant may be required to provide the following information:
a) Any technical or background study listed in Section E.2.3 or E.2.4, to confirm the suitability of
the land and infrastructure capacity to support the proposed land use;
b) Comprehensive planning documents in accordance with Section "E.5 Area Structure Plans
and Concept Plans";
c) Preparation, execution, and documentation of a public engagement and consultation plan; and
d) Any other information that may be required.
E.4.4
APPROVAL PROCESS
Referrals
E.4.4.1
Prior to first reading, an application may be referred by the Development Officer to any of the
following for review and comment:
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a) Any internal M.D. department; and/or
b) Any external agency or authority.
E.4.4.2
The Development Officer shall provide a minimum of thirty (30) days for referrals to review and
comment on an application.
E.4.4.3
Regardless if referrals provide comments, the Development Officer may prepare the application to
present at Council for first reading after thirty (30) days from the date of referral has passed.
First Reading
E.4.4.4
After first reading of an amending bylaw, the date, time and place for a public hearing on the
proposed bylaw shall be established and advertisement of the hearing shall be undertaken in
accordance with Section "E.4.4.5 - Advertising Requirements".
Advertising Requirements
E.4.4.5
Advertisement and circulation of the public hearing notice shall be in accordance with the Act, the
Municipal Development Plan, and any other applicable M.D. advertising bylaws.
Council Decisions
E.4.4.6
After considering the Municipal Development Plan, an Area Structure or Redevelopment Plan and/
or Concept Plan affecting the application, the Bylaw, and representations made at the public
hearing, Council may:
a) Approve the proposed Bylaw as it is;
b) Amend the proposed Bylaw and then approve it;
c) Refer the proposed Bylaw back to Administration for further review and/or changes; or
d) Refuse the proposed Bylaw as it is, stating reasons for the refusal.
E.4.5
REPEAT AMENDMENT APPLICATIONS
a) Where an application for an amendment to this Bylaw has been refused by Council, another
application for the same or similar amendment shall not be submitted within six (6) months of
the date of refusal, unless Council directs otherwise.
E.5
AREA STRUCTURE PLANS AND CONCEPT PLANS
E.5.1
MULTI-LOT SUBDIVISIONS AND AREA STRUCTURE PLANS
E.5.1.1
Multi-Lot Subdivision applications proposing to create more than four (4) new parcels shall only be
considered where the lands are subject to an adopted Area Structure Plan.
E.5.1.2
The M.D. shall require an Applicant to prepare an Area Structure Plan or Concept Plan for
the development of a rural industrial park, prior to rendering a decision on an application for
subdivision.
E.5.1.3
The M.D. shall require an Applicant prepare an Area Structure Plan for Large-Scale Tourism Uses in
accordance with the Municipal Development Plan.
E.5.1.4
An Area Structure Plan or Concept Plan submitted for Council adoption shall consider and provide
information on the following matters:
a) The phasing of development;
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b) The size and number of parcels proposed;
c) The installation and construction of roads and utilities;
d) Opportunities to serve future transportation needs such as transit and non-automotive modes,
as appropriate;
e) 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;
f) Potential impact on adjacent land uses, and proposed measures to reduce the impact;
g) Any applicable provincial and federal regulations (i.e. Private Sewage Disposal Regulation,
Explosives Act, and the Regulations);
h) The environmental suitability of the site with particular consideration to soils, slopes, drainage
and any hazard lands; and,
i) Any other matters the M.D. considers necessary.
E.5.1.5
Notwithstanding Section E.5.1.1, the M.D. may require an Applicant to prepare an Area Structure
Plan, or Concept Plan to support a Development Permit application, land use amendment
application or subdivision application on a specific site, where one (1) or more of the following
occurs:
a) The Development Authority has reasonable grounds that subdivision and/or development
of the site may result in increased development pressure for the area and there is community
benefit to cooperatively planning future infrastructure;
b) The Development Authority has reasonable grounds that the site may be subject to multiple
Development Permits and/or a phased construction timeline;
c) More than one (1) landowner is involved;
d) Several parcels of fragmented land are adjacent to the proposal; and/or
e) Internal public roads are required.
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E.6
ENFORCEMENT AND PENALTIES
E.6.1
OFFENCES
E.6.1.1
It is an offence for any person or development to contravene or to cause, allow, or permit a
contravention of any provision of this Bylaw. No person shall permit a contravention of this Bylaw
or a condition of a permit issued under this Bylaw.
E.6.1.2
It is an offence to cause, allow, or permit any of the following if a Development Permit is required
by this Bylaw and has not been obtained or is no longer valid:
a) Construct a building or structure;
b) Construct an addition or make an alteration to a building or structure;
c) Commence a use;
d) Change of use or change the intensity of a use; or
e) Place a sign on any lands, buildings, or structures.
E.6.1.3
It is an offence:
a) To Contravene a valid Development Permit, including conditions of approval;
b) For a person to not undertake corrective measures outlined in a Stop Order issued under Part E
of this Bylaw; or
c) For any person to continue to develop after a Development Permit has expired, been
cancelled, or been suspended.
E.6.2
ENFORCEMENT AUTHORITY
E.6.2.1
For the purposes of Part E of this Bylaw, a Development Officer, Peace Officer, Bylaw Enforcement
Officer, or other person designated by Council is a Designated Officer under the Act.
E.6.2.2
The Designated Officer may enforce the provisions of the Act and regulations thereunder, the
Matters Related to Subdivision and Development Regulation, the conditions of a Development
Permit, and this Bylaw.
E.6.2.3
For the purposes of Part E of this Bylaw, a Peace Officer or Bylaw Enforcement Officer is hereby
authorized and empowered to issue a Violation Tag to any person whom the Peace Officer or
Bylaw Enforcement Officer has reasonable and probable grounds to believe has contravened any
provision of this Bylaw, allowing for payment of the penalty in lieu of prosecution for the offence.
E.6.2.4
To enforce this Bylaw, a Designated Officer may issue:
a) Written Warnings;
b) Stop Orders; or
c) Violation tickets.
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E.6.3
RIGHT OF ENTRY
E.6.3.1
Pursuant to the Act a Designated Officer may, immediately in the case of an emergency, or
otherwise after providing a reasonable notice and during reasonable hours, enter upon any land
and/or structure within the municipality for ensuring compliance with this Bylaw. For the purposes
of this Bylaw:
a) A reasonable notice shall be 48 hours; and
b) During reasonable hours shall be between the hours of 08:00 to 18:00 hours.
E.6.4
PENALTIES
E.6.4.1
Pursuant to the Act, any person who violates the provisions of or contravenes this Bylaw is guilty
of an offence and is liable to penalty as set out in the M.D.' s Fee Schedule Bylaw as set by Council
from time to time. Where a penalty is not listed, the minimum penalty for an offence shall be
$100.00.
E.6.4.2
A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence
and is liable, upon summary conviction, to a fine in accordance with the Act.
E.6.4.3
Penalty amounts for the same provisions of the Bylaw that occur within twelve (12) months must:
a) Double for a second offence; and
b) Triple for third and subsequent offences.
E.6.4.4
Payment of penalties will not relieve any person from the requirement to remedy the conditions of
the original offence.
E.6.4.5
A Violation Tag may be issued to such person personally or by mailing a copy to such person at
their last known address.
E.6.4.6
Where contravention of this Bylaw is of a continuing nature, further Violation Tags or a Violation
Ticket may be issued by a Peace Officer or Bylaw Enforcement Officer, provided that no more than
one (1) Violation Tag or Ticket is issued for each calendar day that the contravention continues.
E.6.5
STOP ORDERS
E.6.5.1
Pursuant to the Act, the Development Authority may issue a Stop Order.
E.6.5.2
Where a Stop Order has been issued for a Development Permit requiring renewal:
a) The Development Permit shall not be renewed by the Development Authority; and
b) A new Development Permit application for the same or similar use on the same property shall
not be accepted by the Development Authority until twenty-four (24) months following the
date of expiry of the original permit.
E.6.6
STOP ORDER APPEALS
E.6.6.1
Stop Order appeals shall be in accordance with the Act.
E.6.6.2
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Bylaw 10-26 Authorities and Procedures
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M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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Part F.
DEFINITIONS
Bylaw 10-26 Definitions
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F.1
DEFINITIONS
TERM / WORD
DEFINITION
TYPE
ABUTTING
Means immediately contiguous to or physically touching, and
when used with respect to a Lot or Site, means that the Lot or
Site physically touches upon another Lot, Site, or piece of land,
and shares a property line or boundary line with it. Lots or Sites
which touch at corners only shall be deemed abutting.
General
ACCESSORY BUILDING
Means a detached building or structure which is secondary
and subordinate to the Principal Building or use that is
located on the same site. This may include garages, sheds,
gazebo, swimming pool, and fabric covered structures.
Use
ACCESSORY USE
Means a use which is associated with, but is secondary and
subordinate to the principal use that is located on the same site.
Use
ACCOMMODATION UNIT
Means a Guest room or unit within a Visitor Accommodation building,
which has a separate entrance or an entrance to a common hallway.
Use
ACCOMMODATION, FLEX
(Flex Accommodation)
Means an dwelling unit that can be used as a primary residence or
for overnight accommodations with no time limits on visitor stays.
Use
ACCOMMODATION, STAFF
(Staff Accommodation)
Means a single or attached building or portion thereof consisting
of one or more Dwelling Units or Bed Units operated for
the sole purpose of on-site housing of employees of the
principal use on that site, and may contain private or double
occupancy sleeping units with washing and sanitary facilities
and may contain common social, meal preparation areas.
Use
ACCOMMODATION, VISITOR
(Visitor Accommodation)
Means the use of a dedicated commercial building that:
a) Has been designed for commercial rental of
accommodation units for overnight guests; and
b) Is not a Primary Residence for any individual.
Use
ACCOMMODATION,
VISITOR - MAJOR, (Visitor
Accommodation - Major)
Means the use of a property for Visitor Accommodations
with six (6) or more rooms or dwelling units. The use
may include Accessory Uses such as: food and drinking
establishments, retail stores, personal service businesses,
recreational facilities, and meeting or convention rooms.
Use
ACCOMMODATION,
VISITOR - MINOR, (Visitor
Accommodation - Minor)
Means the use of a property for Visitor Accommodations with
five (5) or less rooms or dwelling units and may include on-site
food services for guests, but does not include accessory uses
such as food and drinking establishments, retail stores, personal
service businesses, and meeting or convention rooms.
Use
ACT
Means the Municipal Government Act, Revised Statutes of
Alberta, 2000, Chapter M-26, and amendments thereto.
General
ADDITION, BUILDING
(Building Addition)
Means the subsequent external construction to an existing building
which results in increasing the building's area or external dimensions.
General
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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TERM / WORD
DEFINITION
TYPE
ADJACENT LAND
Means land that is contiguous to the parcel of land proposed for
development, subdivision or re-designation and includes land that
would be contiguous if not for a highway, road, river, or stream.
General
AGRICULTURE, GENERAL
Means the raising of crops for gain or reward, which requires large
areas of lands and includes equipment, buildings and other structures
incidental to the operation. This does not include a "Confined
Feeding Operation" or "Commercial Equestrian Centre".
Use
AGRICULTURE, INTENSIVE
(Intensive Agriculture)
Means an outdoor horticultural, general operation where there
is a concentration of crops being raised and represents a more
intense or concentrated use of the land compared to extensive
agriculture. Typical uses include, but are not limited to, a tree or
sod farm. Intensive agriculture does not include "Horticultural,
General", "Confined Feeding Operation," "Boarding and
Training Services" or "Commercial Equestrian Centre".
Use
AMENITY AREA
Means indoor or outdoor space provided for the active or
passive recreation and enjoyment of the occupants of a
development, and which may be for private or communal
use and may be owned individually or in common.
General
ANIMAL BOARDING AND
TRAINING SERVICES
Means a business providing animal services to the public in
the nature of boarding and/or training and/or exercising of
horses and/or other domestic animals. This does not include
"Veterinary Clinics," "Commercial Equestrian Centres"
or "Commercial, Kennels" or "Private, Kennels".
Use
APARTMENT
Means a building designed and built to contain three (3) or more separate
Dwelling Units with shared services, facilities and building entrances.
Use
APARTMENT
Image
APPLICANT
Means the person who makes an application and may be the
landowner of the land or a representative agent certified as such.
General
AQUACULTURE
Means the farming of fish, shellfish and aquatic plants in enclosed
freshwater ponds, holding tanks or water re-circulation systems.
Use
ARCHITECTURAL
CONTROLS
Means a set of development guidelines or standards that have been
established by the Developer and registered on a certificate of title
for the purpose of creating and maintaining a specific architectural
style for a particular subdivision and/or development project.
General
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TERM / WORD
DEFINITION
TYPE
ARTISAN SHOP
Means a development used for the purpose of small scale,
on-site production of goods by simple processes or hand
manufacturing, primarily involving the use of hand tools. Typical
uses include pottery, ceramic and sculpture studios, custom
jewelry manufacturing and artist and photography studios.
Use
AWNING
Means a retractable, cloth-like or light-weight metal shelter
or covering attached to and projecting from a building.
General
BALCONY
Means a platform greater than 0.6 m (2.0 ft) above grade, attached
to and projecting from a building which may or may not have a
supporting structure at grade level. A balcony is only accessible
from within the building and is enclosed by a railing.
General
BARELAND CONDOMINIUM
Means land that is situated within a parcel and is a unit in a Bareland
Condominium plan or a proposed Bareland Condominium plan. In
this Bylaw a Bareland Condominium unit is considered to be a site.
General
BASEMENT
Means that portion of a building or structure which is wholly
or partially below grade and has no more than 1.8 m (5.9
ft) of its clear height above grade. For the purpose of this
Bylaw, a basement does not constitute a storey.
General
BEAR ATTRACTANT
VEGETATION
Means any type of native or non-native plants that may
attract bears, including, but not limited to fruit trees or
shrubs, berry patches, buffalo berry and wolf willow.
General
BED & BREAKFAST
Means a type of overnight lodging:
a) provided within the Principal Residence
and not a separate dwelling unit,
b) with or without meals,
c) to members of the travelling public for remuneration,
d) which is operated by the full-time residents
of the dwelling, and includes
e) guest access and use of common living and
dining areas in the principal residence.
Bed and Breakfast does not include Short-Term
Rental - Minor or Short-Term Rental - Major.
Use
BED UNIT
Means a single bed-width space intended to be used by an individual.
General
BIOPHYSICAL ASSESSMENT
Means an assessment or evaluation of the impact of a proposed
project on identified environmentally significant areas and other natural
areas for the purpose of protecting areas with ecologically diverse
components and prevent or minimize environmental impacts.
General
BLADE
Means an element of a wind energy conversion system rotor which acts
as a single airfoil, thereby extracting kinetic energy directly from the wind.
General
BLADE CLEARANCE
Means the distance from grade to the blade of a wind energy
conversion system at the lowest point of the rotor's arc.
General
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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180
TERM / WORD
DEFINITION
TYPE
BOARDING AND TRAINING
SERVICES
See Animal Boarding and Training Services
Use
BUFFER
Means a row of trees, shrubs, earth berms or fencing to provide
visual screening and separation or noise attenuation between
sites, Districts, public roads, and non-compatible uses.
General
BUILDING
Defined as per the Act.
General
BUILDING HEIGHT
Means the vertical distance as measured from the average elevation
of the finished grade at the base of each exterior wall to:
The highest point on a flat roof;
The average level between the eaves and ridge of a gable,
hip or gambrel roof or other type of pitched roof; or
The greater of the two (2) measurements referred to above in the case of
a building with more than one type of roof. The calculation of building
height excludes permitted projections as outlined in this Bylaw.
General
BUILDING HEIGHT
Image
BUILDING PERMIT
Means a permit or document issued in writing by a designated Safety
Codes Officer within the building discipline pursuant to the Safety
Codes Act authorizing the commencement of a use, occupancy,
relocation, construction, or demolition of any building.
General
BULK FUEL STORAGE AND
SALES
Means a facility used for the storage and wholesale of petroleum
products, but does not include a "Service Station" or "Gas Bar".
Use
BUSINESS SUPPORT
SERVICES
Means those businesses which are characterized by the use
of mechanical equipment for printing, binding, duplicating or
photographic processing and similar types of purposes, or the
provision of office maintenance and custodial services, and
the repair or rental of office furniture and equipment.
Use
BUSINESS LICENCE
Means a license issued in compliance with the M.D.'s
Business Licence Bylaw which grants the business owner
the right to operate a business within the M.D..
Use
BYLAW
Means the Municipal District of Bighorn No. 8 Land Use Bylaw.
General
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TERM / WORD
DEFINITION
TYPE
CAMPGROUND
Means a recreational development or the use of land for the purpose of
providing seasonal accommodation within Recreational Vehicles or
tents, and includes facilities and amenities subordinate to the operation
of the Campground. A Campground allows for seasonal occupancy of
a site only and does not allow for permanent habitation or residency.
Use
CEMETERY
Means a use of land or a building for the intent for the
interment of the deceased. Typical uses include memorial
parks, burial grounds and gardens of remembrance.
Use
COMMERCIAL
Means the use of land and/or buildings for the purpose of public sale,
display and storage of goods and/or services on the premises.
Use
COMMERCIAL EQUESTRIAN
CENTRE
Means land and facilities, including buildings and shelters, where
horses are boarded, trained, exercised, and used for recreational
purposes. Such activities may include riding lessons, horse
shows, rodeos and guided trail rides. This does not include
"Veterinary Clinics" or "Boarding and Training Services".
Use
COMMERCIAL OUTFITTING
AND GUIDING
Means a commercial operation in which an individual or
company provides equipment and guidance in activities such
as hunting, horse packing, fishing, rafting and backpacking,
and includes any associated buildings or structures.
Use
COMMERCIAL VEHICLE
Means any vehicle that is not a pick-up truck with commercial
advertising or used for carrying business goods or equipment, or fare-
paying passengers that exceeds a gross vehicle weight (GVW) rating of
4,500 kilograms. This definition does not include attached trailers.
General
COMMUNICATION TOWERS
AND FACILITIES
Means any structure, building, antenna, supporting structure or
other thing that is used or is capable of being used for emission,
transmission, and reception of information by radiocommunication,
including the broadcasting industry. Amateur satellite dishes
and antennas, including television or radio reception equipment
for residential or small commercial uses are excluded.
Use
COMMUNITY AND
ENTERTAINMENT FACILITIES
Means a development for the purpose of entertainment,
instruction, or community activity and includes such things
as a community hall for events, museum, art gallery, live
performances, theater, concerts and dance festivals. Places
of Religious Assembly are not included in this category.
Use
COMMUNITY BUILDINGS
AND FACILITIES
Means buildings and facilities which are available for the use and
enjoyment of residents and guests, including homeowner's amenity
building, clubs, for the purpose of assembly, culture, and recreational
activity. "Places of Religious Assembly" are not included in this category.
Use
COMMUNITY GARDEN
Means an area within a site that does not contain a residence,
on which vegetables, fruits or edible plants are cultivated for
consumption or distribution on a not-for-profit basis.
Use
COMPOSTING FACILITY
Means land and facilities used for the purpose of biodegradation
of organic waste materials, excluding biosolids composting.
Use
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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TERM / WORD
DEFINITION
TYPE
CONCEPT PLAN
Means a non-statutory plan that provides detailed land use
direction, subdivision design, and development guidance.
General
CONDOMINIUM
Means a condominium plan registered in a Land Titles office that
complies with the requirement of the Alberta Condominium Property Act.
General
CONFINED FEEDING
OPERATION
Means fenced or enclosed land or buildings where livestock are confined
for the purpose of growing, sustaining, finishing or breeding by means
other than grazing, as defined and regulated by provincial legislation.
Use
CONSERVATION EASEMENT
Means a legal agreement between a landowner and a qualified
organization that limits uses of the land in order to protect conservation
values, and as further defined in the Alberta Land Stewardship Act.
General
CONSTRUCTION
MANAGEMENT PLAN
Means a plan that considers all relevant aspects of demolition,
development and building work and outlines methods for avoidance
or 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.
General -
Application
Requirement
CONSTRUCTION MATERIALS
RECYCLING
Means a development used for the collection, sorting, storage,
processing and sale of recycled construction materials
such as concrete, asphalt, gypsum, wood and metals but
does not include the processing of alternative fuels.
Use
CONTRACTOR SERVICES
Means the provision of building construction, landscaping,
concrete, electrical, excavation, drilling, heating, plumbing,
paving, road construction, sewer or similar construction services
which require on-site storage space for materials, construction
equipment or vehicles. Any sales, display, office or technical support
service areas shall be accessory to the principal use only.
Use
COUNCIL
Means the Council of the M.D. of Bighorn No. 8.
"Municipal Council" has a corresponding meaning.
General
COUNTRY RESIDENTIAL
DEVELOPMENT
Means a development on a relatively small area of land intended
as a site for a private dwelling in a rural surrounding and in respect
of which this Bylaw may allow other subordinate uses of the
dwelling on the site. The expressions "Country Residential Use" and
"Country Residential Purposes" have a corresponding meaning.
Use
CROSS SECTIONS
Means a detailed, scaled drawing or representation that shows
a vertical cut through a road, street, or other infrastructure
element, illustrating the arrangement and dimensions
of its components from one side to the other.
General
DARK SKY (DARK SKIES)
COMPLIANT
Means outdoor lighting that meets the International Dark Sky
Associations (IDA) requirements for reducing waste of ambient
light. Fixtures within this category are fully shielded thereby
reducing light pollution, such as full-cutoff light fixtures.
General
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DEFINITION
TYPE
DATA CENTRE
Means the industrial use of a building, dedicated space within a building,
or a group of buildings to house computer systems and associated
components, such as telecommunications and storage systems. It
generally includes backup components and infrastructure for power
supply, data communication connections, environmental controls
(e.g. air conditioning, fire suppression) and various security devices.
This definition includes data processing for the purposes of artificial
intelligence, digital transactions and digital currency processing.
Use
DATA CENTRE AND POWER
GENERATION FACILITY
Means a Data Centre that has an integrated electrical power generation
facility that provides for the electrical needs of the Data Centre.
Use
DAY CARE
Means a licensed establishment for the temporary care and supervision
of seven (7) or more children by an individual other than the child's
parents. A day care includes an out of school care program and a pre-
school program, but specifically does not include a "Family Day Home".
Use
DAY HOME, FAMILY (Family
Day Home)
Means a Major Home-Based Business operated by full-time residents
of the Dwelling Unit, where temporary care and supervision is
provided to no more than six (6) children, excluding the residents'
own children, or as otherwise regulated in accordance with the
Human Services Standards and Child Care Licensing Act.
Use
DECK
Means a platform of wood frame or other construction,
the height of which exceeds 0.6 m (2.0 ft) above grade, is
enclosed by a railing and is accessible by exterior stairs.
General
DECK, ROOFTOP (Rooftop
Deck)
Means a raised surface on which people can stand, that is located
on top of a roof of a building, but does not project beyond any façade
of the storey below; is surrounded by guard rails, parapet walls, or
similar feature; and is intended for use as an amenity space.
General
DENSITY
Means a measure of development intensity expressed as a ratio of
any of: the number of units to parcel area; or the number of people
to parcel area; or the number of parcels per quarter section.
General
DEVELOPER
Means a landowner, agent, person, firm, or company required to
obtain or who has obtained a Development Permit or development
agreement, or who has undertaken the development work.
General
DEVELOPMENT
Defined as per the Act.
General
DEVELOPMENT AUTHORITY
Defined as per the Act.
General
DEVELOPMENT
COMPLETION CERTIFICATE
Means an official document issued by the Municipality certifying
that all conditions of approval have been satisfied and the
required construction and works have been completed to the
standards and specifications described in the approved plans.
General
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
184
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TERM / WORD
DEFINITION
TYPE
DEVELOPMENT IMPACT
ASSESSMENT (DIA)
Means a report, prepared by a qualified and independent third party
biologist or other approved professional to determine the impact
of the development on the local environment, wildlife and adjacent
parcels. This report includes: a history of the subject site's ownership
and use; a history of any environmental regulatory activity affecting
the site; the soil and slope conditions of the site and surrounding
area; a description of the natural and social environment and the
resources on and surrounding the site, and the potential impacts
on these features; the nature of any potential impacts on air, land,
water, flora or fauna; an environmental mitigation or protection
plan which identifies measures to alleviate any adverse impacts
and monitor the performance of the mitigation strategies; and other
measures as may be required by the Development Authority.
General
DEVELOPMENT PERMIT
Defined as per the Act.
General
DISCRETIONARY USE
Means the use of land or of a building, as listed under
the 'Discretionary Uses' section of a District, for which
a Development Permit may be issued with or without
conditions, or refused, by the Development Authority.
General
DOMESTIC ANIMAL
MANAGEMENT PLAN
Means a plan describing the number of domestic animals proposed
to be kept on the site for commercial purposes (such as "Kennels"
or "Boarding and Training Services"), and a description of the
proposed method for handling and disposal of animal wastes.
General
DRIVEWAY APPROACH
Means the connection located within a municipal road allowance,
or registered road plan between the carriageway of a developed
road or lane and an adjoining existing private property or a
new private property being created through Subdivision.
General
DWELLING, SIDE-BY-SIDE
DUPLEX (Side-By-Side
Duplex)
Means a building designed, built for and containing two (2)
Dwelling Units side-by-side with separate entrances, separated
by a party or common wall extending from ground to roof.
Use
DWELLING, UP-DOWN
DUPLEX, (Up-Down Duplex)
Means a building containing two (2) dwelling units, one above the other
and each having separate entrance, separated horizontally by a floor/
ceiling conforming to the current National Building Code - Alberta Edition.
Use
DWELLING, UP-DOWN
DUPLEX, (Up-Down Duplex)
Image
DWELLING UNIT
Means a room or suite of rooms operated as a self-contained
unit that usually contains cooking, eating, sleeping and sanitary
facilities. Dwelling Units shall have a separate entrance controlled
by the person or persons occupying the dwelling unit.
General
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DEFINITION
TYPE
DWELLING, ATTACHED
Means a building designed and built to contain three (3) or more
Dwelling Units separated from each other by a fire rated wall,
with each unit having separate entrances from grade, and for the
purposes of this Bylaw includes row and townhouse units.
Use
DWELLING, ATTACHED
Image
DWELLING UNIT,
ACCESSORY (Accessory
Dwelling Unit) (ADU)
Means a dwelling unit in a separate building
or within an existing dwelling that:
(i) has been designed as a separate dwelling unit and has been
established as a separate dwelling unit by permit; and
(ii) is secondary and accessory to the lot's
principal building, structure, and use.
Use
DWELLING UNIT,
ACCESSORY ATTACHED
(Attached Accessory
Dwelling Unit)
Means an Accessory Dwelling Unit that is attached to or
located within the lot's principal building; and is a secondary
use to the Lot's principal building, structure, and use.
Use
DWELLING UNIT,
ACCESSORY DETACHED
(Detached Accessory
Dwelling Unit)
Means an Accessory Dwelling Unit that is located within a separate
building and is unattached to the Lot's principal building; and is a
secondary use to the lot's principal building, structure, and use.
Use
DWELLING, FACTORY BUILT
(Factory Built Dwelling)
Means a building containing only one (1) dwelling unit, and which the
building is constructed in whole, or in part, in a factory or manufacturing
facility in accordance with the National Building Code - Alberta
Edition. Except as otherwise allowed in this Bylaw, a Factory Built
Dwelling shall be used solely as a Residence. It may include, but is
not limited to, "Modular Homes" and "Manufactured Homes," and
does not include "Dwellings, Single Detached" or mobile homes.
Use
DWELLING, MOBILE (Mobile
Home or Mobile Dwelling)
Means a dwelling that is transported in either single or multiple
sections and conforms to the CAN-CSA Z240 standard, as
amended or replaced from time to time, for mobile homes.
Use
DWELLING, MOVED-ON
Means a previously occupied single-detached dwelling that
has been relocated to a new parcel for use as a dwelling.
This does not include a "Dwelling, Factory Built".
Use
DWELLING, SINGLE
DETACHED (Single
Detached Dwelling)
Means a building containing only one (1) dwelling unit.
Except as otherwise allowed in this Bylaw, a Single
Detached Dwelling is used solely for residential purposes
and does not include a "Dwelling, Factory Built".
Use
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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TERM / WORD
DEFINITION
TYPE
EATING ESTABLISHMENT -
DRIVE-THROUGH
Means a development where food and beverages are prepared and served
and may include a drive-through component. This term refers to such
uses as restaurants, cafes, lunch and tearooms, ice cream parlours,
banquet facilities and take-out restaurants where alcohol is not served.
Use
EATING ESTABLISHMENT -
MAJOR
Means a development where food and beverages are prepared and served
and may include supplementary alcoholic beverage service licensed by
the Alberta Gaming and Liquor Commission. This term refers to such
uses as restaurants, cafes, lunch and tearooms, ice cream parlours,
banquet facilities and take-out restaurants where alcohol may be served.
Use
EATING ESTABLISHMENT -
MINOR
Means a development where food and beverages are prepared and
served primarily for take and go customers with limited seating
and menu and does not include supplementary alcoholic beverage
service licensed by the Alberta Gaming and Liquor Commission.
This term refers to such uses as cafes, lunch and tearooms,
and ice cream parlours, and includes take-out services.
Use
ECOLOGICAL BOUNDARY
OF A WATER BODY OR
WATER COURSE
Means the boundary of a water body or water course that is
the farthest landward extent of the feature directly influenced
by and ecologically part of the water body. It is defined by a
distinct change in soils and/ or vegetation as compared to the
adjacent upland vegetation, and includes the riparian area.
General
ENVIRONMENTAL
EDUCATION FACILITIES
Means a development which provides opportunities for interpretive
facilities, environmental education and scientific research and
may include short-term or occasional lodging and boarding or
other services operated incidentally to the principal use.
Use
ENVIRONMENTAL SITE
ASSESSMENT
Means an investigation conducted to determine whether a property
is contaminated or potentially contaminated due to current
or historical activities. It is a critical part of land development,
site remediation, and regulatory compliance under Alberta's
Environmental Protection and Enhancement Act (EPEA).
General
ESCARPMENT
Means a steeply sloping area with a slope of 15% or greater that is
separating two (2) comparatively level or more gently sloping lands,
where the elevation difference between them is greater than 3 m (9.8 ft).
General
ESCARPMENT
Image
ESCARPMENT CREST
Means the transition line with the upper portion of the slope between
the escarpment and the adjacent upland area where slopes are less
than or equal to 15%, as determined by a Qualified Professional.
General
ESCARPMENT TOE
Means the transition line with the lower portion of the slope between
the escarpment and the adjacent land area where slopes are less
than or equal to 15%, as determined by a Qualified Professional.
General
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DEFINITION
TYPE
EXCAVATION
Means targeted removal of earth (soil, rock, muck) beyond topsoil for
construction elements such as foundations, trenches, or basements.
General
EXISTING
Means as of the date of adoption of this Bylaw.
General
EXTERIOR LIGHTING PLAN
Means a detailed document submitted as part of a development
permit application that outlines the design, placement, and
specifications of all outdoor lighting fixtures on a proposed site.
General
FARM STRUCTURE
Means any building or structure used exclusively for agricultural
purposes in connection with an existing Extensive or Intensive
Agriculture use. It does not include a dwelling unit; a building that is
part of a "Commercial Equestrian Centre" or "Boarding and Training
Services"; or a building used for a "Confined Feeding Operation".
Use
FINISHED GRADE
See Grade, Finished
General
FIRE WALL
Means a type of fire separation of non-combustible construction
which subdivides a building or separates adjoining buildings to
resist the spread of fire and which has a fire resistance rating.
General
FLOOD CONSTRUCTION
LEVEL
Means the 1:100 year flood level plus 0.5 m (1.6 ft) of freeboard as
demonstrated by a design drawings certified by a Qualified Professional.
General
(Flood)
FLOOD FRINGE
The flood fringe is the area outside of the floodway that is flooded
or could be flooded during the 1:100 design flood. The flood
fringe typically represents areas with shallower, slower, and
less destructive flooding, but it may also include "high hazard
flood fringe" areas. Areas at risk of flooding behind flood berms
may also be mapped as "protected flood fringe" areas.
General
(Flood)
FLOOD FRINGE, HIGH
HAZARD
The high hazard flood fringe identifies areas within the flood fringe with
deeper or faster moving water than the rest of the flood fringe. High
hazard flood fringe areas are likely to be most significant for flood maps
that are being updated, but they may also be included in new flood maps.
General
(Flood)
FLOOD FRINGE, PROTECTED
The protected flood fringe identifies areas that could be
flooded if dedicated flood berms fail or do not work as designed
during the 1:100 design flood, even if they are not overtopped.
Protected flood fringe areas are part of the flood fringe and
do not differentiate between areas with deeper and faster
moving water and shallower or slower moving water.
General
(Flood)
FLOOD HAZARD MAP
A flood hazard map is a specific type of flood map that identifies the
area flooded for the 1:100 design flood, and divides that flood hazard
area into floodway and flood fringe zones. Flood hazard maps can also
show additional flood hazard information, including the incremental
areas at risk for more severe floods like the 1:200 and 1:500 floods.
General
(Flood)
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
188
188
TERM / WORD
DEFINITION
TYPE
FLOOD PLAIN STUDY
Means a technical assessment prepared by a Qualified
Professional that evaluates the risk and extent of flooding along
rivers or watercourses. It is used to identify areas that may be
inundated during various flood events and to inform land use
planning, emergency response, and infrastructure design.
General
(Flood)
FLOOD, DESIGN (Design
Flood)
The design flood standard in Alberta is the 1:100 flood, which
is a flood that has a 1% chance of occurring in any given year.
Different sized floods have different chances of occurring - for
example, a 1:200 flood has a 0.5% chance of occurring in any
given year and a 1:500 flood has a 0.2% chance of occurring in
any given year - but only the 1:100 design flood is used to define
the floodway and flood fringe zones on flood hazard maps.
General
(Flood)
FLOODWAY
Means a geographic area defined on flood hazard mapping that
represents the highest flood hazard area where flows are deepest,
fastest, and most destructive during the 1:100 design flood.
General
(Flood)
FOUNDATION, PERMANENT
Means a foundation constructed of permanent materials
such as concrete (e.g. poured reinforced concrete basement
or concrete block basement, crawl space, concrete pad) or
engineered approved preserved wood in accordance with the
provisions of the National Building Code - Alberta Edition.
General
FRAGMENTED LAND
Means an area of land that is severed or separated from the lands
held in title by a public road, railway, river or other permanent
water body shown on a registered plan or township plan, or
which appears as an exception on the certificate of title.
General
FREEBOARD
Means a vertical distance added to the 1:100 flood level as determined
in this Bylaw or by the Development Authority, to provide an additional
factor of safety against surges and other open water conditions.
General
(Flood)
GARAGE
Means an accessory building designed for the storage
of private motor vehicles and includes a carport.
General
GEOTECHNICAL REPORT
Means a report signed and stamped by a professional engineer
that characterizes the site soil and groundwater conditions
through field investigation and laboratory testing, and provides
design and construction recommendations for a development.
General
GOVERNMENT SERVICES
Means development providing municipal, provincial or
federal government services directly to the public or the
community at large, and includes development required
for the public protection of persons or property.
Use
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DEFINITION
TYPE
GRADE, FINISHED (Finished
Grade)
Means either:
a) the average elevation of the finished level of the
ground adjoining a building, with that average based
on inclusion of all sides of the building or,
b) in the event that elevation grades have been established
for each parcel in a new subdivision to deal with drainage
or other issues, those established elevations
General
GRADING
Means cutting, filling, and leveling land to achieve
specific elevations and slopes.
General
GRADIENT
See definition of "Slope".
General
GROSS FLOOR AREA
Means the total area of all floors of a building measured to the
inside surface of the interior walls, or where buildings are separated
by fire walls, to the centre line of the common fire wall. Attached
garages are not included in the Gross Floor Area calculation.
General
GROUNDWATER
ASSESSMENT
Means a scientific evaluation by a Qualified Professional of subsurface
water resources, focusing on the quantity, quality, movement,
and sustainability of groundwater within an aquifer system.
General
GROUP HOME - MINOR
Means a facility which is intended as a social care facility that provides
room and board for four (4) residents or less, excluding staff, for
the aged, or disabled persons, or for persons with physical, mental,
social or behavioral problems, and which may be for the personal
rehabilitation of its residents either through self-help or professional
care, guidance and supervision. The occupants of a Group Home
live together as a single housekeeping group and use shared cooking
facilities. This does not include dwellings used for addiction treatment,
rehabilitation of offender or young offenders, or half-way houses.
Use
GROUP HOME - MAJOR
Means a facility which is intended as a social care facility that provides
room and board for more than four (4) residents, excluding staff, for
the aged, or disabled persons, or for persons with physical, mental,
social or behavioral problems, and which may be for the personal
rehabilitation of its residents either through self-help or professional
care, guidance and supervision. The occupants of a Group Home
live together as a single housekeeping group and use shared cooking
facilities. This does not include dwellings used for addiction treatment,
rehabilitation of offender or young offenders, or half-way houses.
Use
HABITABLE GROUND FLOOR
AREA
Means any finished ground floor area intended primarily for human
occupancy and meets the Alberta Safety Codes Act and the regulations
thereunder and for the avoidance of doubt, includes kitchen, bathroom,
hallways, stairways, and closets, but does not include porches.
General
HAMLET
Means an unincorporated area as defined by the Act and by
Bylaw, developed for residential and other urban classes of use;
the design of which envisions urban standards of services.
General
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
190
190
TERM / WORD
DEFINITION
TYPE
HEALTH AND WELLNESS
CENTRE
Means a recreational development to provide for physical and
mental recreation and therapy for patrons through means of health
and spa facilities that may include, and not be limited to, outdoor
and indoor swimming and hot pools, massage, beauty and spa
parlors, diet clinics, rejuvenation facilities and fitness centres.
This definition does not include "Visitor Accommodations",
"Medical Services" or "Medical Services, Extended".
Use
HEIGHT, BUILDING
See Building Height
General
HIGHWAY
Means land used or surveyed for use as a provincial highway
or 900 series secondary road, and includes any structure,
such as a bridge associated with the highway.
General
HIGHWAY COMMERCIAL
Refers to essential services provided to the traveling public
located on sites adjacent to a primary or secondary highway.
Use
HOME-BASED BUSINESS
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.
Use
HOME-BASED BUSINESS -
MAJOR (Major Home-Based
Business)
Means a more intensive Home-Based Business that meets the
criteria set forth in this Bylaw for a Home-Based Business - Major.
This does not include a "Short-Term Rental"
Use
HOME-BASED BUSINESS -
MINOR (Minor Home-Based
Business)
Means a less intensive Home-Based Business that meets the criteria
set forth in this Bylaw for a Home-Based Business - Minor.
This does not include a "Short-Term Rental"
Use
HOME-BASED BUSINESS -
Office (Office Home-Based
Business)
Means a Home-Based Business that only involves a home office
located within the dwelling unit and not within an accessory building,
typically including a computer and desk and does not include any
on-site sales or customer visits, on-site production or creation of
goods, on-site employees, commercial vehicles, and does not
occupy more than 10% of the gross floor area of the dwelling unit.
Use
HORTICULTURE, GENERAL
Means the intensive growing and storing of plants, fruits, vegetables,
bedding and ornamental trees or plants, in an indoor structure or facility,
and includes greenhouses and plant nurseries. Horticultural for the
purpose of personal use only, shall be considered an accessory building.
Use
HOUSEHOLD EQUIPMENT
REPAIR SERVICES
Means a development for the repair and servicing of equipment
and appliances normally found in the home and includes, but
is not limited to televisions and similar devices, refrigerators
and other appliances, and household furniture.
Use
INDUSTRIAL WORK CAMP
Means one or more transportable buildings providing accommodation
for a work force living and working in a temporary location, and includes
camps of government military forces. The camp may include sleeping
accommodation, food services, and recreation facilities for the workers.
Use
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TERM / WORD
DEFINITION
TYPE
INDUSTRIAL, HEAVY (Heavy
Industrial)
Means those developments that may have an effect on the safety, use,
amenity, or enjoyment of adjacent or nearby sites due to appearance,
noise, odour, emission of contaminants, fire or explosive hazards, or
dangerous goods. Typical uses include wreckage and salvage yards,
and manufacturing and processing facilities that create a nuisance.
Use
INDUSTRIAL, LIGHT (Light
Industrial)
Means those developments where activities and uses are
primarily carried on within an enclosed building and no significant
nuisance factor is created or apparent outside an enclosed
building. Typical uses include laboratories, general contractors
and landscaping services, construction firms, general industrial
buildings, self storage facilities, and warehousing .
Use
INDUSTRIAL, MEDIUM
(Medium Industrial)
Means those developments in which all or a portion of the activities
and uses are carried on outdoors, without any significant nuisance
such as noise, appearance, or odour, extending beyond the boundaries
of the site. Any development where the risk of interfering with the
amenity of adjacent or nearby sites, because of the nature of the
site, materials or processes, cannot be successfully mitigated
shall be considered Industrial (Heavy). Typical uses include
manufacturing and processing plants that do not pose a nuisance.
Use
KENNEL, COMMERCIAL
(Commercial Kennel)
Means the keeping on a site of four (4) or more dogs, normally in return for
remuneration, for the purposes of being trained, bred, boarded and cared
for, sold, or which are used in association with a commercial operation.
Use
KENNEL, PRIVATE (Private
Kennel)
Means the keeping, for any purpose, of four (4) or more dogs
on a parcel by the occupant of a dwelling located on that
parcel, and all of the dogs are owned by the occupant.
Use
LANDSCAPED AREA
Means an area designed, constructed, and laid out so as
to maintain, change or modify the natural features of a site
so as to make it attractive and desirable by the use of grass,
trees, shrubs, ornamental planting, fencing, or walks.
General
LANDSCAPING
Means the modification and enhancement of a site through the use of
any or all of the following elements: soft landscaping (vegetation such
as trees, shrubs, hedges, grass, ground cover) and hard landscaping
(non-vegetative materials such as brick, stone, concrete, tile and wood).
General
LANDSCAPING PLAN
Means a document that outlines the design, layout, and maintenance
strategy for all landscaped areas on a site. It ensures that vegetation,
hardscaping, and environmental features are integrated into the
development in a way that enhances aesthetics, supports ecological
health, and complies with municipal standards. A landscaping plan
may include information and documentation on proposed method to
maintain landscaped areas, including the use of herbicides, pesticides,
fungicides and other chemicals, their impacts on the environment, and
mitigating measures that will be employed to minimize adverse effects.
General
LANE
Means a public thoroughfare which provides a secondary
means of vehicle access to a site or sites.
General
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
192
192
TERM / WORD
DEFINITION
TYPE
LIVESTOCK
Means animals kept for agricultural, commercial, or recreational
purposes, including but not limited to cattle, horses, sheep, goats,
bison, swine, poultry, rabbits, llamas, alpacas, and bees.
For the purposes of this bylaw, livestock does not
include wildlife, wild boar, household pets, or animals
regulated under provincial wildlife legislation.
Use
LOADING SPACE (Loading
Stall)
Means a space for parking a Commercial Vehicle
while being loaded or unloaded.
General
LOG SORTING AND
TRANSPORTATION STAGING
AREA
Means a development used for the sorting and loading
of logs on a parcel that may be separate from the
parcel in which the logging activities occurred.
Use
LOGGING
Means the removal or cutting of logs from harvestable
timber for commercial purposes, and includes a "Log
Sorting and Transportation Staging Area".
Use
LOT
Means that area contained within the boundaries of a lot as shown
on a plan of subdivision or described in a certificate of title.
General
LOT LINE
Means a legally defined limit of any lot. The terms
"Boundary" or "Boundary Line" or "Parcel Line" and
"Property Line" have a corresponding meaning.
General
LUMEN
Means a unit of luminous flux; used to measure
the amount of light emitted by a bulb.
General
MAIN AMENITIES LODGE
Means a building that provides amenities for the users of a development,
and may include such features as kitchen, dining area(s), indoor
recreation, seating and gathering areas, conference rooms, laundromat,
washroom/shower facility and other similar uses, and may include
overnight accommodations or bedrooms that are incidental,
subordinate or accessory to the principal use of the building.
Use
MAINTENANCE
Means the upkeep of a building or a property that does not involve
structural change, a Change of Use, or a change in Intensity of Use.
General
MANUFACTURED HOME
Means a type of Factory Built Dwelling Unit that is manufactured
in a controlled environment, which conforms to the CSA-Z240
MH Series-16 Manufactured (Mobile) Homes Standards, that are
transported and assembled on a parcel in one (1) or more sections.
Use
MANUFACTURING AND
DISTRIBUTION
Means a development used for the manufacturing, fabrication,
assembling, packaging or processing of products primarily from extracted
or raw materials and the bulk storage, warehousing and distribution
of those products. This industry includes, but is not limited to the
manufacturing of chemicals, stonework and concrete products, and the
fabrication of metal, wood or similar products. This does not include
the processing of waste as defined in the Environmental Protection
and Enhancement Act; or "Construction Materials Recycling".
Use
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TERM / WORD
DEFINITION
TYPE
MANUFACTURING
AND DISTRIBUTION,
AGRICULTURE
(Agriculture Manufacturing
and Distribution)
Mean Manufacturing and Distribution primarily for the
manufacturing and distribution of agricultural products.
Use
MARINA
Means a development which provides a sheltered area
where boats are kept in the water and services for the
needs of recreational boating purposes are found. This
may include re-fueling, washing and repair stations.
Use
MEDICAL SERVICES
Means a facility for the provision of human health services
without overnight accommodation for patients and
includes medical, dental or counselling services.
Use
MEDICAL SERVICES,
EXTENDED (Extended
Medical Services)
Means a facility that provides overnight medical services and may
include outpatient services and accessory staff residences.
Use
MEZZANINE
An intermediate or fractional storey between the
floor and ceiling of a main storey that:
covers no more than one-third of the storey directly underneath it, and
used for a purpose accessory to the principal use.
General
MODULAR HOME
Means a type of Factory Built Dwelling Unit that is constructed
from a number of pre-assembled units in a controlled
environment, which conforms to the CSA-A277 Procedure for
Certification of Prefabricated Buildings, Models, and Panel
Standards, that are transported and assembled on a parcel in
one (1) or more sections. See Factory Built Dwelling Unit.
Use
MUNICIPALITY or
MUNICIPAL DISTRICT
Means the Municipal Corporation of the Municipal District of Bighorn
No. 8; and where the context requires, means the area of land contained
within the boundaries of the Municipality's corporate limits at the time of
adoption of this Bylaw, or as included by any subsequent annexations.
General
NATURAL RESOURCE
EXTRACTION
Means a development chiefly devoted to the extraction
of on-site resources including aggregates such as clay
as clay, sand, gravel, and limestone, shale, and fossil
fuels such as coal, petroleum and natural gas.
Use
NATURAL RESOURCE
EXTRACTION AND
PROCESSING
Means a development chiefly devoted to the extraction of on-site
resources such as clay, sand, gravel, limestone, shale, coal, petroleum
and natural gas and related processing facilities. It may include
activities that bring one or more of these materials together with
other elements such as power or water into an integrated process for
the purpose of primary treatment of the material into a marketable
form. This use does not include "Portable Batch Plants".
Use
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
194
194
TERM / WORD
DEFINITION
TYPE
NATURAL RESOURCE
EXTRACTION FACILITY
ADDITION
Means ancillary buildings over 20.0 m2 (215.2 ft2) and uses related to the
approved Natural Resource extraction operation onsite. Structures
under 20.0 m2 (215.2 ft2) are considered Accessory Buildings.
Use
NUISANCE
Means anything that interferes with the use or enjoyment of property,
endangers personal health or safety, or is offensive to the senses.
General
OCCUPANCY
Means the utilization of a building or land for
the use for which it was approved.
General
OFFICE
Means a facility for the provision of professional, management,
administrative, consulting or financial services, such as offices for
clerical, secretarial, employment, telephone answering and similar
office support services, offices of lawyers or accountants, banks or
other financial institutions, and offices for real estate and insurance
firms. "Medical Services" is not included in this category.
Use
OFF-SITE MATERIAL
STORAGE
Means an area within a Natural Resources District, but outside
of an existing approved extraction operation, that is used to
stockpile material such as: surface soil, coal, reject material
(i.e., crushed rock or gravel), and finished product.
Use
PARCEL
Means the aggregate of the one or more lots or areas of land described
in a certificate of title or described in a certificate of title by reference to
a plan filed or registered in the Land Titles offices. For the purposes of
this bylaw, a Parcel also means one (1) Bareland Condominium unit.
General
PARCEL LINE, FRONT (Front
Parcel Line)
Means the parcel line which abuts a public road, other than a bridge,
lane, or walkway. In the case of a parcel which has two (2) parcel
lines which abut a public road, the front parcel line is determined by
the public road to which the parcel has been municipally addressed.
Where access is gained by easement or similar private roadway, the
front parcel line shall be on the side in which access is obtained,
unless otherwise determined by the Development Authority.
General
PARCEL LINE, REAR (Rear
Parcel Line)
Means either the property line of a parcel which is furthest from and
opposite the front parcel line, or, where there is no such property
line, the point of intersection of any property lines other than a front
parcel line which is furthest from and opposite the front parcel line.
General
PARCEL LINE, SIDE (Side
Parcel Line)
Means the property line of a parcel other than a
front parcel line or a rear parcel line.
General
PARCEL, CORNER (Corner
Parcel)
Means a parcel fronting on two (2) or more public roads,
other than a lane, at their intersection or junction.
General
PARCEL, INTERIOR (Interior
Parcel)
Means a parcel which is bounded by only one (1)
public road, other than a lane.
General
PARK
Means land designed or reserved for the active or passive
recreational use by the general public and includes all natural and
man-made landscaping, facilities, playing fields, buildings and
other structures that are consistent with the general purpose of
parks. Typical uses include tot lots, picnic grounds, pedestrian
pathways and trails, landscaped buffers and playgrounds.
General / Use
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DEFINITION
TYPE
PARKING STRUCTURE
Means a structure designed and erected to provide space for
the parking of vehicles at, above or below finished grade.
General
PARKING, BARRIER FREE
(Barrier Free Parking)
Means parking spaces which can be used by persons with disabilities and
designed in accordance with the National Building Code - Alberta Edition.
General
PARKING, TANDEM (Tandem
Parking)
Means two (2) parking spaces, one behind the other, with a
common or shared point of access to the maneuvering aisle.
General
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.
General
PERSONAL SERVICE
BUSINESS
Means a use or development which provides services on a commercial
basis to individuals, and includes such services as registered
massage therapy, hairdressers, tailors, laundromats, and tanning
salons. "Medical Services" are not included in this category.
Use
PET SERVICES
Means a use or development that offers day time grooming and day
care services for household pets, primarily within indoor facilities.
Retail sales of pet-related products are included in this category.
Use
PLACES OF RELIGIOUS
ASSEMBLY
Means a development owned by a religious organization used for
worship and related religious, philanthropic or social activities including
accessory rectories, manses, classrooms and auditoriums. Typical
uses include churches, chapels, mosques, temples, synagogues, parish
halls, convents, and monasteries. This does not include "schools".
Use
PORCH
Means an entrance structure typically attached to the
front or side of a residential dwelling at the ground or main
floor entry level, consisting of a roof and a floor, where the
sides of the structure may or may not be enclosed.
General
PORTABLE BATCH PLANT
Means an operating installation of equipment including
batchers and mixers as required for the preparation of materials
such as concrete and asphalt aggregate mixtures.
Use
PRE-DEVELOPMENT GRADE
Means the elevation of the ground on all sides of a building
prior to the excavation of the ground for a development.
General
PRINCIPAL BUILDING
Means a building, which in the opinion of the Development Authority:
occupies the major or the central portion of a site; is the chief or
the main one among the buildings on the site; or constitutes by
reason of its use the primary purpose for which the site is used.
General
PRINCIPAL USE
Means the use of a site or of a building which in the opinion
of the Development Authority constitutes the primary
purpose for which the site or building is used.
General
PRIVATE UTILITY (Utility,
Private)
Means a privately owned system or works operated by or on behalf a
private group of landowners and/or businesses used to provide one or
more of the following for public consumption, benefit, convenience or
use: water; wastewater disposal; irrigation; drainage; fuel; electric power;
heat; or waste management, including recycle depots; or, transportation.
Use
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
196
196
TERM / WORD
DEFINITION
TYPE
PUBLIC UTILITIES AND
BUILDINGS
Means installations and facilities, including any building, 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 public utilities or
services or commodities to or for the use of the general public.
Use
PUBLIC UTILITY (Utility,
Public)
Means a system or works operated by or on behalf of the
Municipality used to provide one or more of the following for public
consumption, benefit, convenience or use: water; wastewater
disposal; irrigation; drainage; fuel; electric power; heat; or waste
management, including recycle depots; or, public transportation.
Use
QUALIFIED ENGINEER
Means an individual who holds a certificate of registration to engage
in the practice of engineering to engage in the practice of engineering
under the Alberta Engineering and Geoscience Professions Act.
General
QUALIFIED PROFESSIONAL
Means an individual who, because of their knowledge, training,
and/or experience, is deemed to be qualified to perform a
specified duty safely and properly. Where applicable under
Provincial or Federal Guidelines as specified herein, the individual
must have accreditation to complete the work in Alberta.
General
RECEIVING PARCEL
Means land that is granted the benefit of more subdivision and/
or development than the base density allows as the result of a
comprehensive Transfer of Subdivision Density program implemented
in accordance with Municipal Development Plan policy.
General
RECLAMATION PLAN
Means a document prepared by a qualified third party that
outlines how land disturbed by aggregate mining (such as
sand, gravel, or crushed stone operations) will be restored
to a stable, productive, and environmentally sustainable
condition after extraction activities are complete.
General
RECREATION FACILITIES
Means any development providing amusement, active or passive
recreation and enjoyment for the residents, guests, or customers.
Typical developments include but are not limited to athletic
facilities, such as swimming pools, squash, tennis, and racquet ball
courts, orientation programs and similar recreational activities.
Use
RECREATION STAGING AREA
Means a day use area or site used for the off-loading of recreation
equipment and vehicles, horses, hiking, skiing, rafting, fishing
and camping equipment, and supplies related to the activity
or the use of a site for the operation of a base camp out of
which guiding, hiking and touring programs are conducted. This
use includes the temporary parking of motor vehicles used
for the transportation of the equipment and supplies.
Use
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DEFINITION
TYPE
RECREATION, COUNTRY
CENTRE (Country Centre
Recreation)
Means a recreational development conducted on a unified basis on a
single site where the primary reasons for location are to take advantage
of natural physical features, or the availability of large areas of land, to
provide for physical recreation for the patrons through means of day-to-
day sporting and athletic facilities and structures. The development may
include structures and services incidental and accessory only to the
recreational use. Appropriate uses could include but would not be limited
to commercial equestrian centres, golf courses, picnicking, boating,
skiing, swimming and other similar uses that are suited to the location
and compatible with adjacent land uses and the natural environment.
Use
RECREATION, OUTDOOR
HIGH IMPACT (Outdoor High
Impact Recreation)
Means the development and use of land for high impact outdoor
recreation activities and associated uses that may have permanent
spectator seating and often have off-site impacts including noise,
vibrations, lights, odour, and traffic. Typical uses may include: paintball,
shooting range, and motorized off-road vehicle courses and/or racing.
Use
RECREATION, OUTDOOR
NATURE-BASED
Means the development and use of land for low impact nature-
based outdoor recreation activities and associated uses that
do not have spectator events and do not have off-site impacts.
Typical uses include: hiking, mountain biking, paddling, nature-
based educational tours, low-impact backcountry camping,
bird watching and sight-seeing. Accessory uses may include
washrooms, waste / recycling disposal bins, and parking areas.
Use
RECREATIONAL VEHICLE
Means a portable structure designed and built to be pulled by a
vehicle, or a unit designed and built to be transported on its own
wheels to provide temporary living accommodation for travel and
recreational purposes and includes, but is not limited to, such
vehicles as a motor home, a camper, a travel trailer and tent trailer.
General
RECYCLING FACILITY
Means a development for the purchasing, collecting or receiving of goods
that are intended to be re-used or recycled. Typical uses include bottle,
can and paper recycling depots. Waste Transfer Sites are a separate use.
Use
REGISTERED OWNER
Means the legal owner of the property represented
by the land title certificate, and has full rights of
ownership subject to the restrictions of law.
General
RESIDENCE
Means a Dwelling Unit which is not available for public use and
which is utilized for primary or secondary residential use by the
occupant who is either the registered owner of the property or
who occupies the Dwelling Unit pursuant to a lease or similar
form of agreement, as opposed to temporary vacation or other
form of commercial temporary accommodation use.
General
RESIDENCE, PRIMARY
(Primary Residence)
Means the residence which the resident occupies or utilizes as his/her
primary residence as an landowner or tenant, with the intent and ability
to arrive and leave at his/her discretion, and with the intent to remain
for an undetermined or indefinite period of time (except in accordance
with a residential lease agreement) and with the intent to return to
the residence following temporary absences such as vacations.
General
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
198
198
TERM / WORD
DEFINITION
TYPE
RESIDENT
Means a person who occupies and utilizes a residence as his/her
primary or secondary residence as the registered owner of the
residence or pursuant to a lease or similar form of agreement.
General
RESTAURANT
See Eating Establishment -Major
Cross-
reference
RETAIL STORE
Means a building where goods, wares, merchandise, substances,
articles or things are stored, offered or kept for sale at retail prices
and includes storage on or about the store premises of limited
quantities of such items sufficient only to service such stores. This
specifically does not include "Retail, Liquor" or "Retail, Cannabis".
Use
RETAIL, CANNABIS
Means an establishment licensed in the Province of Alberta for the retail
sale to the public of cannabis in addition to a limited range of associated
convenience products, for consumption off the licensed premises.
Use
RETAIL, LIQUOR STORE
(Retail Liquor Store)
Means an establishment licensed in the Province of Alberta for the
retail sale to the public of alcoholic beverages such as wine, beer
and liquor, in addition to a limited range of associated convenience
products, for consumption off the licensed premises.
Use
RETAINING WALL
Means a structure or series of structures constructed to withstand
lateral pressure to hold back earth, soil, loose rock, or similar
materials but does not include walls that form part of a building.
General
RETREAT, DAY USE &
OVERNIGHT (Day Use &
Overnight Retreat)
Means a building, group of buildings, or land
a) used by group gatherings for study, relaxation,
meditation, workshops, and similar activities;
b) includes an on-site manager (either landowner or on-site staff); and
c) may include food services and overnight stays or accommodations.
Use
RETREAT, DAY-USE (Day-Use
Retreat)
Means a building, group of buildings, or land
a) used by group gatherings for study, relaxation,
meditation, workshops, and similar activities;
b) includes an on-site manager (either landowner or on-site staff); and
c) may include food services, but does not include
overnight stays or accommodations.
Use
ROAD
Means land shown as a road on a plan of survey that has been filed or
registered in a land titles office, or used as a public road, and includes
a bridge forming part of a public roadway and any structure incidental
to a public road, but does not include a controlled highway.
General
ROTOR ARC
Means the largest circumferential path traveled by a
blade of a wind energy conversion system.
General
SATELLITE DISHES AND
ANTENNAS
Means amateur structures associated with residential or small
commercial uses for the purpose of transmitting, relaying, or
receiving television, radio, microwave, and other similar signals.
General
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DEFINITION
TYPE
SAWMILL
Means a building or structure used to process wood from
saw logs to another use and may include land used for
open storage of raw or finished lumber or products.
Use
SCHOOL
Means a facility or institution for the purposes of education, training
or instruction, and includes public, separate, private and charter
schools, community colleges, universities and technical schools.
Use
SCREENING
Means a visual separation between sites, Districts, or land use
activities provided by a fence, wall, berm or natural landscaping.
General
SENDING PARCEL
Means land that is restricted from future subdivision and/or
development as part of a comprehensive Transfer of Subdivision
Density program. Sending Parcels require the registration of a
Conservation Easement on the certificate of title to ensure the terms
of the development restrictions remain in effect in perpetuity.
General
SHIPPING CONTAINER
Means a large metal container with suitable strength for
the shipping, handling and storage of goods. Shipping
Containers can be used as Accessory Buildings and are
also known as 'sea cans' or 'intermodal containers'.
General / Use
SHORT-TERM RENTAL (STR)
Means the commercial use of a dwelling unit rented as temporary
accommodation for tourists or members of the travelling public for a
period of less than 30 consecutive days at a time. Characteristics include,
but are not limited to: being occupied on a temporary basis rather than
being utilized as a primary or secondary residence; advertising the
suite as a "vacation property," "vacation rental," or other short-term
rental accommodation; the commercial nature of the suite; imposition
of a fee or charge for use; and/or use of a system of reservations,
deposits, confirmations and/or forms of electronic payment.
Use
SHORT-TERM RENTAL -
MAJOR (STR) (STR - Major)
Means a Short-Term Rental that:
Includes an entire dwelling unit; and
May be operated by a person(s) who does not declare
the residence as their primary residence.
For clarity STR - Major does not include Bed & Breakfast.
Use
SHORT-TERM RENTAL
-MINOR (STR) (STR - Minor)
Means a Short-Term Rental that is:
Incidental and subordinate to the primary use of the dwelling
and takes places within an accessory dwelling unit;
A permanent residence for the operator(s) of the rental; and
The operator(s) declares the residence as their primary residence.
For clarity STR - Minor does not include Bed & Breakfast.
Use
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
200
200
TERM / WORD
DEFINITION
TYPE
SIGN
Image
SIGN HEIGHT
Means the vertical distance measured from the highest
point of the sign or sign structure from grade.
General
SIGN MESSAGE (i.e. Sign
Copy)
Means the nature of information displayed on a sign, presented
through words and images, and includes address, advertising,
directional, identification, and informational sign messages.
General
SIGN, A-BOARD (A-Board
Sign)
Means a moveable, self-supporting A-shaped sign with only
two (2) visible sides which is set on the ground adjacent to
a business, also known as a sandwich board sign.
Use
SIGN, ADDRESS (Address
Sign)
Means a sign message which displays the municipal
or rural address of a site, building or business.
Use
SIGN, ADVERTISING
(Advertising Sign)
Means a sign message which refers to goods or
services produced, offered for sale, or obtainable at the
premises only on which the sign is displayed.
General
SIGN, ANIMATED (Animated
Sign)
Means a sign that shows motion or changes in copy or color.
Use
SIGN, AWNING (Awning
Sign)
Means a sign attached to or constructed in or on an awning.
Use
SIGN, CANOPY (Canopy
Sign)
Means any sign attached to or constructed in or on a canopy.
Use
SIGN, COPY AREA (Copy
Area Sign)
Means the area of the smallest geometric figure which
will enclose the actual copy of the sign.
General
SIGN, DIRECTIONAL
(Directional Sign)
Means a sign message which contains no advertising
but is limited to the distance and direction to a place of
business or other premises indicated on the sign.
Use
SIGN, ELECTRONIC
VARIABLE MESSAGE
(Electronic Variable
Message Sign)
Means a sign that displays a sign message through the use of
changing lights where the message and the rate of change can
be programmed. This does not include "Signs, Animated".
Use
SIGN, FASCIA (Fascia Sign)
Means a sign affixed to and placed flat against the face of
a building and projects no more than 0.4 m (1.31 ft) from
the face surface. This does not include "Signs, Wall".
Use
SIGN, FENCE (Fence Sign)
Means a sign which is fastened to or painted onto a fence.
Use
Bylaw 10-26 Definitions
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DEFINITION
TYPE
SIGN, FLAG (Flag Sign)
Means a sign of fabric or other material that is attached to a pole.
Use
SIGN, FREESTANDING
(Freestanding Sign)
Means a permanent sign which displays identification messages and is
supported independently of a building, wall or structure. It is supported
by one or more columns, uprights or braces anchored in or on the ground.
Use
SIGN, IDENTIFICATION
(Identification Sign)
Means a sign message which contains no advertising but is limited
to the name of a building, institution or the occupation and the hours
of operation, and is placed on the premises which it identifies.
Use
SIGN, INFORMATIONAL
(Informational Sign)
Means a sign message which contains no advertising but
communicates through the use of words or symbols, and includes
traffic signs and construction signs to provide guidance to
vehicles or pedestrians, and community event signs or other
such signs that display important public information.
Use
SIGN, PORTABLE (Portable
Sign)
Means any sign not permanently attached to the ground or other
permanent structure, or a sign designed to be transported, including
but not limited to: signs designed to be moved on wheels; balloons or
inflatable devices used as signs; and signs attached to or painted on
vehicles parked and visible from a public road, unless said vehicles
are used in the normal day-to-day operations of that business.
Use
SIGN, PROJECTING
(Projecting Sign)
Means a sign attached perpendicularly to and extends
beyond the fascia of the building. Awning and canopy
signs are not included in this category.
Use
SIGN, REAL ESTATE (Real
Estate Sign)
Means a temporary sign identifying real estate that is
for sale, for lease, for rent, or has been sold.
Use
SIGN, ROOF (Roof Sign)
Means any sign erected upon, against or above
a roof or a parapet of a building.
Use
SIGN, TEMPORARY
(Temporary Sign)
Means a sign which is in place no longer than 21 consecutive days
and no longer than 42 days in a year, unless a shorter period is
specified in a Development Permit or elsewhere in this bylaw.
Use
SIGN, WALL (Wall Sign)
Means a sign which is painted on or engraved into a wall of
a building or structure, but excludes a "Sign, Fascia".
Use
SIGN, WARNING (Warning
Sign)
Means an on-premises sign providing a warning to the public,
including such signs as no trespassing or private driveway.
Use
SIGN, WINDOW (Window
Sign)
Means and includes any sign either painted on, attached to, or
placed inside a window for the purpose of viewing from outside the
premises. A window sign does not include merchandise on display.
Use
SIMILAR USE
Means a specific use of land or of a building that is not
expressly mentioned in this Bylaw but which the Development
Authority has determined to be similar in character and
purpose to a use listed as a permitted or Discretionary
Use in the District in which such use is proposed.
General
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
202
202
TERM / WORD
DEFINITION
TYPE
SITE
Means a parcel, part of a parcel, or multiple parcels on
which a development exists or for which an application for a
Development Permit is made. A Bareland Condominium
unit is considered to be a site for purposes of this Bylaw.
General
SITE AREA
Means the total horizontal area contained within an
existing or proposed boundary of a site.
General
SITE COVERAGE
Means that portion of a site upon which buildings or structures
are located at or higher than 0.6 m (2.0 ft) above grade, measured
from the exterior walls of the building, but does not include
steps, eaves, uncovered decks, patios or balconies.
General
SITE DEPTH
Means the horizontal distance between the front and rear parcel lines.
General
SITE GRADING PLAN
Means a technical drawing prepared by a Qualified Professional
that illustrates how land will be shaped and contoured to
manage drainage of surface water, support construction, and
integrate with surrounding properties and infrastructure.
General
SITE PLAN
Means a plan showing the boundaries of the site, the location
of all existing and proposed buildings upon that site, and the
use or the intended use of the portions of the site on which
no buildings are situated, and showing fencing, screening,
grassed areas, and the location and species of all existing
and proposed shrubs and trees within the development.
General
SITE WIDTH
Means the horizontal distance between the side parcel lines, calculated
at the front yard setback distance measured along the line perpendicular
to a line connecting the mid-points of the front and rear parcel lines.
General
SITE WIDTH
Image
SLOPE
Means the relationship of the vertical distance
of a slope to its horizontal distance.
General
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TERM / WORD
DEFINITION
TYPE
SLOPE
Image
SLOPE STABILITY
ASSESSMENT
Means a geotechnical evaluation that determines the safety,
stability, and potential for movement or failure of natural or
man-made slopes. In Alberta, this type of assessment is often
required for developments near river valleys, escarpments,
or other areas with significant elevation changes.
General
SOLAR ENERGY SYSTEM
Means a device for extracting the energy of the sun
directly into a more useable or storable form, and includes
solar thermal and photo voltaic collectors.
Use
SOLAR ENERGY SYSTEM -
COMMERCIAL
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 which
is intended to primarily provide electrical power for commercial resale.
Use
SOLAR ENERGY SYSTEM
- MICROGENERATION
ATTACHED
Any device or system that is attached to a building and 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 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 primarily for resale.
Use
SOLAR ENERGY SYSTEM -
MICROGENERATION STAND
ALONE
Any device or system that is unattached to another building and 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 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 primarily for resale.
Use
STATUTORY PLAN
Means any Intermunicipal Development Plan, a Municipal
Development Plan, an Area Structure Plan or an Area
Redevelopment Plan adopted by Council.
General
STEPBACK
Means a setback of an upper level or portion of a building
which is greater than the setback of the lower floors.
General
STOCKPILING
Means the exterior storage of soil or other similar materials
from Excavation activities either on or off site.
General
STORAGE, INDOOR (Indoor
Storage)
Means an indoor space used exclusively to store personal or
business-related goods entirely within an enclosed building.
Use
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
204
204
TERM / WORD
DEFINITION
TYPE
STORAGE, OUTDOOR
(Outdoor Storage)
Means a development for storage of materials, vehicles such as
Recreational Vehicles and trailers, machinery, equipment or the
products of other industries. For the purposes of clarification, Outdoor
Storage does not include "Manufacturing and Distribution," processing,
auto-wrecking, "Warehousing," sales or commercial servicing functions.
Use
STORAGE, COMMERCIAL
RECREATIONAL VEHICLE
(Recreational vehicle
storage)
Means a principal or accessory use where recreational vehicles
as well as boats and off-highway vehicles are stored outdoors
on a parcel on a commercial basis when they are not in use. This
use does not include a "Campground" or "Outdoor Storage".
Use
STORAGE, RECREATIONAL
VEHICLE (Recreational
Vehicle Storage)
Means a use where recreational vehicles as well as boats and off-
highway vehicles are stored outdoors on a parcel when they are not in
use. This use does not include a "Campground" or "Outdoor Storage".
Use
STORMWATER
MANAGEMENT PLAN
Means a document prepared by a professional engineer that
outlines how stormwater runoff will be managed on a development
site to minimize flooding, erosion, and water pollution, while
protecting downstream water bodies and infrastructure.
General
STRIPPING
Means the removal of topsoil, vegetation,
and organic material from a site.
General
STRUCTURE
Means anything constructed or erected with or without a fixed location
on the ground, or attached to something having a fixed location on the
ground. This includes fences, light standards, pipes, signs, and walls.
General
SUITE, SECONDARY
(Secondary Suite)
See Dwelling Unit, Accessory Attached.
SUITE, STUDIO (Studio
Suite)
See Dwelling Unit, Accessory Detached.
SUITE, VISITOR
ACCOMMODATION (Visitor
Accommodation Suite)
See Short-Term Rental.
TEMPORARY DEVELOPMENT
Means a development for a building, structure or use,
issued for a period of time, of up to one (1) year, or as
otherwise specified in the regulations of this Bylaw or by the
Development Authority within a Development Permit.
General
TOURIST INFORMATION
CENTRE
Means an establishment where information is available regarding
attractions, lodgings, and other items relevant to tourism.
Use
TRAFFIC IMPACT
ASSESSMENT (TIA)
Means a technical study that evaluates the potential effects of a
proposed development on the surrounding transportation network.
It is used to determine whether the existing road infrastructure
can accommodate the additional traffic generated by the
development and to identify any necessary improvements.
General
TRAILER
Means a vehicle that is designed to be attached
to and drawn by a motor vehicle.
General
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DEFINITION
TYPE
TRANSFER OF SUBDIVISION
DENSITY (TSD)
Means a land use policy that reduces or eliminates subdivision
potential in one or more parcels while increasing, by the same number,
subdivision potential in one or more other parcels. This technique
divides the land into Sending and receiving parcels by gathering a
base development density assigned to all parcels in an area.
General
UNSUBDIVIDED QUARTER
SECTION
Means as defined in "Matters Related to Subdivision
and Development Regulation".
General
UTILITIES / SERVICING
STUDY
Means a technical report prepared by a professional engineer to
evaluate the availability, capacity, and design requirements for
municipal services and utilities needed to support a proposed
development. This includes water supply, sanitary sewer, stormwater
drainage, electricity, natural gas, and telecommunications.
General
UTILITY, PUBLIC
See "Public Utility"
Cross Reference
VALUE-ADDED
AGRICULTURAL INDUSTRY
Means a secondary agricultural process, activity or development that
clearly demonstrates an added value to a primary extensive or intensive
agricultural activity or product. This includes agricultural product
manufacturing, food-processing and non-food processing activities.
Use
VEHICLE
Means a device in, on or by which a person or thing may be transported.
General
VEHICLE - AUTO BODY
SERVICES
Means a facility for the repair and painting of motor vehicle bodies
but does not include the sale of petroleum products or the repair of
mechanical and electrical parts. This does not include "Vehicle - Auto
Rentals, Repair Services and Sales" or "Vehicle - Car Wash".
Use
VEHICLE - AUTO RENTALS,
REPAIR SERVICES AND
SALES
Means a facility for the rental, sales, servicing and repair of motor
vehicles and related equipment and includes the sale, installation
and servicing of related parts and accessories. This does not include
"Vehicle - Auto Body Services" or "Vehicle - Car Wash".
Use
VEHICLE - CAR WASH
Means a building or part of a building used for
the washing of motor vehicles.
Use
VEHICLE - SERVICE STATION
Means a development for the sale of petroleum products and minor
accessories for motor vehicles, and may include the servicing and
minor repairing of motor vehicles. "Vehicle - Car Wash", Vehicle- Auto
Body Services, "Vehicle - Auto Rentals, Repair Services and Sales", and
"Vehicle - Truck Service Centre" are not included in this definition.
Use
VEHICLE - TRUCK SERVICE
CENTRE
Means a building or site that provides for the service and maintenance of
trucks and truck parking and includes the sale of fuel, automotive parts
and minor accessories. The centre may also provide for the transfer and
storage of loads, as well as services to the truck drivers and motoring
public, including eating and temporary (overnight) lodging facilities.
Use
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
206
206
TERM / WORD
DEFINITION
TYPE
VETERINARY CLINIC
Means a facility for the medical treatment of animals and may
include outdoor pens, runs or enclosures having regard for the
amenities of the adjacent properties and the neighbourhood
in general. This does not include "Commercial Equestrian
Center" or "Boarding and Training Services".
Use
VISITOR
ACCOMMODATIONS
See Accommodations, Visitor - Major
Cross Reference
VIOLATION TAG
Means a tag or similar document issued by the
Municipality pursuant to the Act.
General
VIOLATION TICKET
Means a ticket issued pursuant to Part II of the Provincial Offences
Procedures Act and regulations enacted thereunder.
General
WAREHOUSING
Means the use of a building for the storage and distribution of
materials, products, goods or merchandise but does not include the
retail sale of merchandise. This does not include "Storage, Indoor".
Use
WASTE
Means any solid or liquid material or product or combination of
solid or liquid material or product. This includes, but is not limited
to, rubbish, refuse, garbage, paper, packaging, containers, bottles,
cans, manure, human or animal excrement, sewage or the whole or
a part of an animal carcass, or the whole or part of any article, raw or
processed material, vehicle or other machinery that is disposed of.
General
RECYCLING FACILITY
Means a development for the purchasing, collecting or
receiving of goods that are intended to be re-used or
recycled. Typical uses include bottle, can and paper recycling
depots. "Waste Transfer Sites" are a separate use.
Use
WASTE & RECYCLING
MANAGEMENT PLAN
Means a comprehensive plan for the management
of waste and recycling materials.
General
WASTE TRANSFER SITE
Means a depot that receives and temporarily stores waste in a
designated area for minor segregation and/or minor resource
recovery prior to their transport to a provincially-approved
depot for further sorting, resource recovery or disposal.
Use
WATERCOURSE or WATER
BODY
Means any location where water flows or is present, whether or
not the flow or the presence of water is continuous, intermittent
or occurs only during a flood. This includes, but is not limited
to: the bed and shore of a river, stream, lake, creek, lagoon,
swamp, marsh, wetland or other natural body of water; or a
canal, ditch, reservoir or other man-made surface feature.
General
WEED CONTROL PLAN
Means a formal strategy developed to prevent, control, and manage
the spread of noxious and prohibited noxious weeds as defined
under Alberta's Weed Control . It is often required as part of land
development, agricultural operations, or reclamation projects
to ensure compliance with provincial legislation and to protect
native ecosystems, agricultural productivity, and land usability.
General
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DEFINITION
TYPE
WILDFIRE RISK
ASSESSMENT
Means a formal report resulting from an assessment of a particular
area's potential for wildfire ignition and spread, as well as the
potential impact and risk to life and property. This report includes
an analysis of local conditions and provides recommendations
for mitigating wildfire risk through various treatments to
vegetation and design of the buildings and development.
General
WIND ENERGY
CONVERSION SYSTEM
(WECS), COMMERCIAL
A system consisting of a wind turbine(s) and related facilities in
accordance with the Alberta Utilities Commission regulations,
and which is intended to primarily provide electrical power for
commercial resale. The boundary of a WECS - Commercial shall
be defined by the legal boundaries of all titled parcels where the
development has infrastructure proposed or located within.
Use
WIND ENERGY
CONVERSION
SYSTEM (WECS),
MICROGENERATION
A single power plant consisting of a wind turbine and related facilities
rated in accordance with the Alberta Utilities Commission 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 primarily
for resale. The boundary of a WECS - Microgeneration shall be the legal
boundaries of the titled parcel where the wind turbine is located.
Use
YARD
Means a portion of a site upon or over which no structure or building
shall be erected, except those specific permitted projections as
specified elsewhere in this bylaw. A yard is not a setback.
General
YARD, FRONT (Front Yard)
Means that portion of the site extending across the full
width of the site from the front parcel line of the site to the
nearest exterior wall of the principal building. It shall be
measured at right angles to the front property boundary.
General
YARD, REAR (Rear Yard)
Means that portion of the site extending across the full
width of the site from the rear parcel line of the site to the
nearest exterior wall of the principal building. It shall be
measured at right angles to the rear property boundary.
General
YARD, SIDE (Side Yard)
Means that portion of the site situated between the front yard and
the rear yard, which extends from the side property boundary of
the site to the nearest exterior wall of the principal building. It
shall be measured at right angles to the side property boundary
General
M.D. of Bighorn
M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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Part G.
MAPS
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M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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M.D. of Bighorn Land Use Bylaw
Land Use Bylaw
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Land Use Bylaw
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Land Use Bylaw
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BYLAW NO. 10-26
LAND USE
BYLAW
M.D. OF BIGHORN