Municipal District of Pincher Creek No. 9 Land Use Bylaw No. 1349-23 (2024, No Maps)
Municipal District of Pincher Creek No. 9, Alberta
· No. 9
· summary & facts
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Municipal District
of Pincher Creek No. 9
Land Use Bylaw
No. 1349-23
April 2024
Cover photography courtesy of Laura McKinnon
© 2024 Oldman River Regional Services Commission
Prepared for the Municipal District of Pincher Creek No.9
This document is protected by Copyright and Trademark and may not be reproduced or modified in any manner, or for any purpose, except by
written permission of the Oldman River Regional Services Commission. This document has been prepared for the sole use of the Municipality
addressed and the Oldman River Regional Services Commission. This disclaimer is attached to and forms part of the document.
MUNICIPAL DISTMCT OF PINCHER CREEK NO. 9
BYLAW NO. 1349-23
Being a bylaw of the Municipal District ofPincher Creek No. 9 in the Province of Alberta,
to adopt Bylaw No. 1349-23, being the Land Use Bylaw.
WHEREAS Section 639 of the Municipal Government Act, Revised Statutes of
Alberta 2000, Chapter M-26, as amended, provides that a
municipality must pass a Land Use Bylaw;
WHEREAS The Municipal District of Pincher Creek No. 9 has conducted a
significant review of the previous Land Use Bylaw in response to a
number of changes to the Municipal Development Plan and Castle
Mountain Resort Area Structure Plan; and
WHEREAS The purpose is to conduct a general cleanup of the provisions within
the land use bylaw and bring it into alignment with the Municipal
Development Plan and Castle Mountain Resort Area Structure Plan.
NOW THEREFORE, under the authority and subject to the provisions of the Municipal
Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended, the Council
of the IMunicipal District of Pincher Creek No. 9, in the Province of Alberta, duly
assembled does hereby enact the following:
1. This bylaw shall be cited as "Land Use Bylaw No. 1349-23".
2. Land Use Bylaw No. 1349-23 as per "Schedule A" attached.
3. Amendments following the Public Hearing as per "Schedule B" attached.
4. Bylaw No. 1289-18 being the former land use bylaw and any amendments thereto
are hereby repealed.
5. This bylaw shall come into force and effect upon third and final passing thereof.
READ a first time this /3 day of /^^^S^ 2024.
~T
A PUBLIC HEARING was held this (^ day of /-/^^^ 2024.
'^i
READ a second time as amended this ^ day of ^_,2024.
^ A ^t2J? ^-
READ a third time and finally PASSED this ^ day of ^i--1-- 2024.
Reeve ^ Chief Administrative Officer
Dave Cox Roland M.illigan
Attachment
- "Schedule A"
- "Schedule B"
Bylaw No. 1349-23 Page 1 of 2
SCHEDULE B
1. Replace Administration Section 19.1 with the following:
SECTION 19 NOTICE OF PROPOSED DEVELOPMENT
19.1 Prior to an application being considered for a discretionary use pursuant to
Sections 18.10 and 18.15 through 18.21, the Development Officer may require, or
the Municipal Planning Commission may direct the Development Officer to require,
one or more of the following:
(a) that a notice be posted in a conspicuous place on the parcel upon which the
proposed development is situated not less than ten (10) days prior to the date
of consideration of such an application;
(b) that a similar notice be published once in a newspaper circulating in the
municipal area;
(c) that in a hamlet, a similar notice to be sent by mail to all assessed property
owners within 30 m (98.4 ft.) or a distance as determined by the Development
Authority of the parcel and to those assessed property owners who, in the
opinion of the Development Officer, Municipal Planning Commission, may be
affected, not less than ten (10) days prior to the date of consideration of the
application; and/or
(d) that in a rural area, a similar notice to be sent to all assessed property owners
of quarter sections adjacent to the development and to those assessed
property owners who, in the opinion of the Development Officer, Municipal
Planning Commission, may be affected, not less than ten (10) days prior to
the date of consideration of the application.
2. Replace Section 48.27 and 48.28(j) with the following:
48.27 Prior to redesignation to Rural Recreation 1 or Rural Recreation 2, the proponent
shall conduct an open house with all adjacent property owners and all residences along
the access road(s), as determined by the Development Officer, to the proposed
development site.
48.28(j) analysis of impact on adjacent property or structures including a locational plan
that includes distances to all other development and the location and number of
residences along the access road(s), as determined by the Development Officer, to the
proposed development site.
Bylaw No. 1349-23 Page 2 of 2
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
Table of Contents | i
TABLE OF CONTENTS
Page
PART I - GENERAL
Section 1
Title ........................................................................................................ PART 1 | 1
Section 2
Scope .................................................................................................................. | 1
Section 3
Purpose ............................................................................................................... | 1
Section 4
Metric and Imperial Measurements ..................................................................... | 1
Section 5
Relationship to Provincial Planning Legislation .................................................. | 1
Section 6
Definitions ............................................................................................................ | 2
Section 7
Establishment of Forms .................................................................................... | 26
Section 8
Other Legislative and Bylaw Requirements ...................................................... | 26
Section 9
Sections Found To Be Invalid ........................................................................... | 27
PART II - APPROVING AUTHORITIES
Section 10
Development Officer .............................................................................. PART II | 1
Section 11
Municipal Planning Commission ......................................................................... | 1
Section 12
Subdivision and Development Appeal Board ...................................................... | 1
Section 13
Subdivision Authority ........................................................................................... | 1
PART III - DEVELOPMENT PERMITS
Section 14
Permit Fees .......................................................................................... PART III | 1
Section 15
Development Not Requiring a Permit .................................................................. | 1
Section 16
Application for Development Permit .................................................................... | 3
Section 17
Determination of Complete Development Permit Application .............................. | 5
Section 18
Decisions on Development Permit Applications ................................................. | 6
Section 19
Notice of Proposed Development ..................................................................... | 11
Section 20
Notice of Decision ............................................................................................. | 12
Section 21
Effective Date of Permit .................................................................................... | 12
Section 22
Development Permit Validity ............................................................................. | 12
Section 23
Failure to Make a Decision - Deemed Refused ............................................. | 13
Section 24
Reapplication for a Development Permit ........................................................... | 13
Section 25
New Information and Suspension of a Development Permit ............................ | 14
Section 26
Temporary Development Permits ...................................................................... | 14
Section 27
Developer's Responsibility ................................................................................ | 14
PART IV - SUBDIVISION APPLICATIONS
Section 28
Subdivision Applications ...................................................................... PART IV | 1
Section 29
Incomplete Subdivision Applications ................................................................... | 2
PART V - APPEAL AND AMENDMENT
Section 30
Appeals and Procedures ....................................................................... PART V | 1
Section 31
Application to Amend Bylaw ................................................................................ | 2
Municipal District of Pincher Creek No. 9
Table of Contents | ii
Land Use Bylaw 1349-23
Page
PART VI - ENFORCEMENT
Section 32
Stop Orders and Offences ................................................................... PART VI | 1
PART VII - GENERAL PARCEL PROVISIONS
Section 33
Application ........................................................................................... PART VII | 1
Section 34
Access to Public Roadways ................................................................................ | 1
Section 35
Development on Hazardous Lands ..................................................................... | 1
Section 36
Accessory Buildings ............................................................................................ | 3
Section 37
Accessory Structures .......................................................................................... | 3
Section 38
Sight Triangle ...................................................................................................... | 4
Section 39
Setbacks on Corner Lots ...................................................................................... | 5
Section 40
Designated Hamlets ............................................................................................ | 5
Section 41
Design Character and Appearance of Buildings ................................................. | 5
Section 42
Dwelling Units on a Parcel .................................................................................. | 6
Section 43
Lands Affected by the Oldman River Reservoir Area Structure Plan .................. | 6
Section 44
Setbacks from Sour Gas Facilities ...................................................................... | 7
Section 45
Major Powerlines and Pipelines, Railways, and Airports .................................... | 7
Section 46
Landscaping ........................................................................................................ | 7
PART VIII - SPECIAL LAND USE PROVISIONS
Section 47
Home Occupations ............................................................................. PART VIII | 1
Section 48
Commercial / Private Recreation Uses ............................................................... | 3
Section 49
Garden and Secondary Suites ............................................................................ | 8
Section 50
Surveillance Suites ............................................................................................ | 10
Section 51
Ammonia Storage Facilities .............................................................................. | 11
Section 52
Hazardous Industries ........................................................................................ | 11
Section 53
Natural Resource Extractive Uses .................................................................... | 11
Section 54
Manufactured Homes and Relocated Buildings ................................................ | 13
Section 55
Sign Provisions .................................................................................................. | 15
Section 56
Off-Street Parking and Loading Requirements ................................................. | 20
Section 57
Wind Energy Conversion Systems (WECS) ..................................................... | 28
Section 58
Shipping Containers .......................................................................................... | 34
Section 59
Solar Energy Systems ....................................................................................... | 34
Section 60 Telecommunication Siting Protocol .................................................................... | 43
Section 61
Cannabis Production Facility .............................................................................. | 47
Section 62
Retail Cannabis Store ........................................................................................ | 47
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
Table of Contents | iii
Page
PART IX - DISTRICTS
Agriculture - A ........................................................................................................... PART IX | 1
Airport Vicinity Protection - AVP .............................................................................................. | 5
Castle Carbondale Resources - CCR ..................................................................................... | 7
Castle Mountain Resort Medium Density Residential - CMMDR ............................................ | 9
Castle Mountain Resort Public Utility - CMPU ...................................................................... | 11
Castle Mountain Resort Residential 1 - CMR-1 .................................................................... | 13
Castle Mountain Resort Residential 2 - CMR-2 .................................................................... | 15
Castle Mountain Resort Seasonal Residential - CMSR ........................................................ | 17
Castle Mountain Resort Ski Resort Core - CMSRC .............................................................. | 19
Direct Control - DC ................................................................................................................ | 21
Grouped Country Residential - GCR ..................................................................................... | 23
Hamlet Single-Detached Residential 1 - HR-1 ...................................................................... | 25
Hamlet Residential 2 - HR-2 ................................................................................................. | 29
Hamlet Manufactured Home Park 3 - HR-3 .......................................................................... | 33
Hamlet Commercial - HC ...................................................................................................... | 37
Hamlet General Industrial and Warehousing - HGIW ........................................................... | 41
Hamlet Highway Commercial - HHC ..................................................................................... | 45
Hamlet Public and Institutional - HPI ..................................................................................... | 49
Hamlet Transitional / Agricultural - HTA ................................................................................ | 51
Landfill Industrial - LI ............................................................................................................. | 55
Multi-Lot Heavy Rural Industrial - MHRI ................................................................................. | 59
Parks and Open Space - POS .............................................................................................. | 63
Rural Business - RB ................................................................................................................. | 65
Rural Highway Commercial - RC .......................................................................................... | 69
Rural Recreation 1 - RR-1 ..................................................................................................... | 71
Rural Recreation 2 - RR-2 ..................................................................................................... | 73
Urban Fringe - UF ................................................................................................................. | 77
Wind Farm Industrial - WFI .................................................................................................... | 79
FIGURES
Figure 1 - Building Height ......................................................................................... PART I | 12
Figure 2 - Storeys - Heights ................................................................................... PART I | 24
Figure 3 - Yard ........................................................................................................ PART I | 26
Figure 4 - Public Roadway Site Triangles ............................................................ PART VII | 5
Figure 5 - Parking Layout Alternatives - Metres ................................................. PART VIII | 24
Figure 6 - Castle Mountain Resort Tentative Plan ................................. following PART IX | 14
Figure 7 - Castle View Ridge - Lot Patterns .......................................... following PART IX | 76
Municipal District of Pincher Creek No. 9
Table of Contents | iv
Land Use Bylaw 1349-23
APPENDIX A - MAPS
Map A-1
-
Land Use District Map
Map A-2
-
Village of Cowley Fringe Area and Vicinity
Map A-3
-
Burmis Lundbreck Corridor
Map A-4
-
Hamlet of Twin Butte
Map A-5
-
Hamlet of Pincher Station
Map A-6
-
Hamlet of Lowland Heights
Map A-7
-
Hamlet of Beaver Mines
Map A-8
-
Hamlet of Lundbreck
Map A-9
-
Town of Pincher Creek Urban Fringe
Map A-10 -
Oldman River Reservoir north side
Map A-11 -
NW¼ Sec. 36, Twp. 7, Rge. 1, W5M NW¼ Sec. 2, Twp. 6, Rge. 29, W4M
Map A-12 -
Portion SE¼ 13 & NE¼ Sec. 12, Twp. 6, Rge. 2, W5M
Map A-13 -
NW¼ Sec. 1, Twp. 10, Rge. 2, W5M
Map A-14 -
Castle Mountain Resort
Map A-15 -
Portion Sec. 14, All Sec. 23, Portion Sec. 24, Twp. 4, Rge. 29, W4M
Map A-16 -
Portion SW¼ Sec. 20, Twp. 2, Rge. 29, W4M, Waterton Homestead Campground
Map A-17 -
Portion NE¼ and SE¼ Sec. 17, Twp. 7, Rge. 29, W4M, Castle View Ridge
Map A-18 -
NE¼ Sec. 28, Twp. 6, Rge. 2, W5M
Map A-19 -
Airport Vicinity Protection
Map A-20 -
WFI designation Northeast of Oldman Reservoir
Map A-21 -
WFI designation East of Oldman Reservoir
Map A-22 -
WFI designation Portions of Section 22 & 23 Twp.6, Rge. 29, W4M
Map A-23
Portion W½ Sec. 14, Twp. 9, Rge. 2, W5M
Map A-24 -
WFI designation North and West of Pincher Station
Map A-25 -
WFI designation North and East of Pincher Station
Map A-26 -
Portion SW¼ 10 & NW¼ Sec. 12, Twp. 7, Rge. 29, W4M
Map A-27 -
Beauvais Lake
Map A-28 -
Portion of Block 'OT'; Plan 2420JK, within NE 27, Twp 4, Rge 28, W4M
Map A-29 -
Portion of SW 16, Two 3, Rge 29, W4M
Map A-30 -
Portion of Lot 1, Block 1, Plan 1911330 within NE 20, Twp 6, Rge 1, W5M
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 1
MUNICIPAL DISTRICT OF PINCHER CREEK NO. 9
LAND USE BYLAW NO. 1349-23
PART I - GENERAL
SECTION 1
TITLE
1.1
This bylaw may be referred to or cited as "The Municipal District of Pincher Creek No. 9
Land Use Bylaw".
SECTION 2
SCOPE
2.1
No development shall hereafter be carried out within the boundaries of the municipality
except in conformity with the provisions of this bylaw.
SECTION 3
PURPOSE
3.1
The purpose of this bylaw is to, amongst other things:
(a) divide the municipality into districts;
(b) prescribe and regulate the use(s) for each district;
(c) establish a method for making decisions on applications for development permits and
issuing development permits for a development;
(d) provide the manner in which notice of the issuance of a development permit is to be
given; and
(e) implement the Municipal District of Pincher Creek Municipal Development Plan and
other statutory plans of the municipality, as may be developed.
SECTION 4
METRIC AND IMPERIAL MEASUREMENTS
4.1
Whenever dimensions are present or calculations required, the metric dimensional values
or results shall be used. The imperial equivalents provided in parentheses after each
reference to metric units of measurements are approximate and intended for information
only.
SECTION 5
RELATIONSHIP TO PROVINCIAL PLANNING LEGISLATION
5.1
This Bylaw is enacted under Part 17 of the Municipal Government Act. This bylaw is to be
read in conjunction with Alberta Land Stewardship Act and the South Saskatchewan
Regional Plan. Where appropriate, references should be made to these provincial
documents with respect to defined terms, administrative matters, and in informing land-use
decisions.
Municipal District of Pincher Creek No. 9
PART I | 2
Land Use Bylaw 1349-23
SECTION 6
DEFINITIONS
In this bylaw, words importing the singular number of the masculine gender may include the plural
number of the masculine gender, the singular number or plural number of the feminine gender, or
may also refer to corporate bodies, as the context requires.
The following words shall have the following meaning:
6.1
Abattoir
The use of land or buildings as a facility for the slaughter of animals and the processing of
meat products.
6.2
Accessory Building
A detached non-residential building that in the opinion of the Development Authority is
separate and subordinate from a principal use, other than an "Accessory structure", "Farm
buildings and structures" and other buildings or structures which are separately defined
herein.
6.3
Accessory Structure
A fence, gate, domestic propane storage tank, satellite dish, telecommunications tower,
wind screen, hot tub, air conditioner or other similar type development.
6.4
Accessory Use
A use of land or a building that is subordinate and incidental to the principal use of the
same parcel.
6.5
Act
The Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as
amended.
6.6
Agricultural / Industrial Machinery Sales, Rental and Service
Development for the sale, service or rental of agricultural implements, vehicles over 5,900
kg (13,000 lbs.) tare weight and heavy machinery used in the operation, construction or
maintenance of buildings, roadways, pipelines, oil fields, mining or forestry operations and
in freight hauling operations. Cleaning, repairing and sale of parts and accessories are
part of this use. "Vehicle sales and rental" and "Equipment sales, rental and service" are
separate uses.
6.7
Agricultural Operation(s)
An agricultural activity (either intensive or extensive) conducted on agricultural land for gain
or reward or in the hope or expectation of gain or reward, and includes:
(a)
the cultivation of land;
(b) the raising of livestock, but excluding 'Confined Feeding Operations' as defined by the
Agricultural Operations and Practices Act (AOPA);
(c) the production of agricultural field crops;
(d) the production of fruit, vegetables, sod, trees, shrubs and other specialty horticultural
crops;
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 3
(e) the production of milk and eggs;
(f)
the production of honey;
(g) the operation of agricultural machinery and equipment including irrigation pumps and
the application of fertilizers, manure, insecticides, pesticides, fungicides and
herbicides including application by ground and aerial spraying for agricultural
purposes;
(h) the production of aquaculture or aquaponics.
See also Extensive Agriculture and Intensive Horticultural Operation.
6.8
Airport
The land licensed as an airport.
6.9
Airport Related Building and Use
(a) A use or development on an airport that is essential and necessary to the operation
of an airport; and/or
(b) a use or development located within the geographic area of an airport, to which the
operation of the airport is critical (e.g. flight school).
6.10
Airstrip
An unlicensed airport.
6.11
Amusement Facility
Development for amusement pastimes, and may incorporate eating and drinking facilities
as an accessory use. This use includes amusement arcades, billiard parlours, bingo halls,
bowling alleys and dance, fitness or martial arts facilities.
6.12
Animal Care Service, Major
In accordance with the Animal Control Bylaw, development used for the care, treatment,
boarding, breeding, or training of animals and livestock within or outside buildings and
includes the supplementary sale of associated products. This use includes veterinary
offices or hospitals, animal shelters, boarding or breeding kennels, facilities for impounding
or quarantining animals and related research or storage facilities.
6.13
Animal Care Service, Minor
In accordance with the Animal Control Bylaw, development for the on-site treatment or
grooming of small animals such as household pets, where on-site accommodation is not
normally provided and where all care and confinement facilities are enclosed within a
building. This use includes off-site treatment of animals or livestock of any size and the
supplementary sale of associated products. Examples include pet grooming salons, pet
clinics and veterinary offices.
6.14
Apartment
A building or portion thereof which contains three or more owned, rental or lease dwelling
units, where the primary access to each unit is provided through a common or shared
entryway. "Multi-Unit Dwelling", and "Rowhouse or townhouse" are separate uses.
Municipal District of Pincher Creek No. 9
PART I | 4
Land Use Bylaw 1349-23
6.15
Application
Application for a development permit.
6.16
Aquaculture
An agricultural operation, also known as aquafarming or cultured fish, where the use of
land or building produces aquatic organisms such as fish, crustaceans, mollusks and
aquatic plants. Aquaculture involves cultivating freshwater and saltwater populations
under controlled conditions. This use must comply with all regulation and permitting of
Alberta Agriculture.
6.17
Aquaponics
An agricultural operation where the use of land or building combines conventional
aquaculture with hydroponics (cultivating plants in water) in a symbiotic environment for
food production. This use must comply with all regulation and permitting of Alberta
Agriculture.
6.18
Area Structure Plan
A statutory plan described in the Act and adopted by bylaw for the subsequent subdivision
and development of an area of land.
6.19
Auctioning Establishment
Development for the auctioning and related temporary storage of household effects and
goods and equipment except livestock. "Livestock auctioning establishment" is a separate
use.
6.20
Auto Body or Paint Shop
Development for the repair and/or painting of motor vehicle bodies and frames. This use
may include appraisal services for damaged vehicles and vehicle reconditioning as
accessory uses, but does not include "Automotive repair and service", "Salvage or waste
disposal facility", "Service station", "Truck stop", and "Vehicle sales and rental uses".
6.21
Automotive Sales and Service
An enclosed building within which motor vehicles and parts are displayed for sale, and may
include a new or used automobile sales lot, and may also include auto repairs, except for
body work and painting.
6.22
Basement
The space within a building, which is below the first storey and which has a minimum
clearance of 1.8 m (5.9 ft.) between the surface of its floor and the floor assembly above it.
6.23
Bed and Breakfast Facility
See "Tourist Home".
6.24
Big Game Farm
Any land enclosed by buildings, shelters, corrals, fences, or other limiting structures which
confine, rear, or feed (or are proposed to confine, rear or feed) big game or exotic animals
and is regulated by a government agency.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 5
6.25
Building
In accordance with the Act, includes any structure constructed or placed on, in, over or
under land but does not include a highway or road or bridge that forms part of a highway
or road.
6.26
Bulk Fuel Station
Development for storing and distributing petroleum products in bulk quantities. This use
includes supplementary tanker vehicle storage and card lock or key lock fuel distribution
facilities. "Service station" and "Truck stop" are separate uses.
6.27
Campground
See Recreational Accommodation definitions.
6.28
Cannabis
Cannabis means the Cannabis plant, including the phytocannabinoids produced by, or
found in, such a plant, regardless of whether that part has been processed or not, and any
substance or mixture of substances that contains or has on it any part of such a plant; and
any substance that is identical to any phytocannabinoid produced by, or found in, such a
plant, regardless of how the substance was obtained, but does not include a non-viable
seed of a cannabis plant.
6.29
Cannabis Production Facility
A development where cannabis is grown, processed, packaged, tested, destroyed, stored
or loaded for shipping. This use does not include Retail Cannabis sales.
6.30
Caretaker Suite
See Secondary Suite.
6.31
Cemetery
Development of land primarily as landscaped open space for the placement of gravesites.
Chapels, crematoria, and related facilities may be incorporated as accessory uses.
6.32
Child Care Service
Development providing provincially approved care or education, without overnight
accommodation, for seven (7) or more children at one time. Examples include day care
centres, nursery schools, kindergartens, and play schools but "Group home" is a separate
use.
6.33
Club or Fraternal Organization or Association
Development for the assembly of members of non-profit clubs or organizations, including
charitable, social service, ethnic, athletic, business or fraternal organizations. This use
may include eating, drinking, entertainment, sports, recreation, and amusement facilities
as accessory uses but "Campground" is a separate use.
Municipal District of Pincher Creek No. 9
PART I | 6
Land Use Bylaw 1349-23
6.34
Commercial / Private Recreation
The recreational use of land or a building on privately owned or leased property where the
public is admitted or where admission is limited to members of a club, organization, or
association.
6.35
Conceptual Design or Conceptual Plan
A design or plan that relates a subdivision or a development to future subdivision and
development of adjacent areas.
6.36
Construction/Field/Work Camp
Temporary development consisting of buildings, works, plants or machinery that are
needed to construct a development where the camp contains one or more dwellings or
sleeping units for the accommodation of the residents of the camp.
6.37
Construction Supply and Contractors
The use of land or buildings for the operation of a building trade or service, or a materials
supplier to the construction industry, other than professional design services such as
engineering, architectural or drafting offices. This use may include, as an accessory use,
administrative offices, storage areas and areas for the servicing of equipment owned by
the contracting or construction supply company in question. This use includes suppliers of
lumber, plumbing, electrical fixtures, and floor coverings, general contractors, carpenters,
plumbers, and tinsmiths.
6.38
Council
The Council of the Municipal District of Pincher Creek No. 9.
6.39
Country Inn
An owner-occupied establishment that offers both accommodation of generally 24 or less
guests and/or food service to the public in excess of a breakfast and subject to the Food
and Housing Regulations. Some retail related to the country inn and a minor meeting room
function may be allowed as accessory uses. "Tourist Home" and "Hotel / Motel" are
separate uses.
6.40
Country Residential
A residence and associated developments related to an un-subdivided quarter section or
first parcel out of a quarter section.
6.41
Coverage
The portion of a lot or parcel that is occupied by buildings or associated structures.
6.42
Cumulative Effect
Cumulative effects are the resulting combined impacts of past, present and reasonably
foreseeable future actions on the landscape. They are the total effect, both direct and
indirect impacts, to any resource, ecosystem or human community no matter who has
taken the action.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 7
6.43
Deck
An unenclosed (no roof/walls) amenity area, of wood frame or other construction, which
may be attached to a dwelling. The overall height of a deck is greater than 0.6 m (2 ft.)
from the finished grade to the underside of the supporting structure. Any structure lower
than 0.6 m (2 ft.) is considered a patio. See Section 15.1(n).
6.44
Demolition of Structures
Demolition or removal of an existing building or development excluding demolition/
removal of:
(a) development which does not require a development permit; or
(b) demolition/removal of an "Accessory building", or "Accessory structure".
6.45
Developed Residence
A dwelling unit that is supported on a permanent foundation and:
(a) fully serviced with a potable water supply and a functional sewage disposal system;
and
(b) which is readily habitable because it is in weatherproof condition with a functional
plumbing, heating and electrical system.
6.46
Development
In accordance with the Act:
(a) an excavation or stockpile and the creation of either of them; or
(b) a building or an addition to, or replacement or repair of a building and the construction
or placing in, on, over or under land any of them; or
(c) a change of use of land or a building, or an act done in relation to land or a building
that results in or is likely to result in change in the use of the land or building; or
(d) a change in the intensity of use of land or a building, or an act done in relation to land
or a building that results in or is likely to result in a change in the intensity of use of
the land or building.
6.47
Development Authority
The Development Officer, Municipal Planning Commission, or Subdivision and
Development Appeal Board.
6.48
Development Officer
The one or more persons appointed to the office of Development Officer.
6.49
Development Permit
A document issued pursuant to this Bylaw by the MD of Pincher Creek No. 9 authorizing a
development that has been approved by the Designated Officer, Development Authority,
or Subdivision and Development Appeal Board.
Municipal District of Pincher Creek No. 9
PART I | 8
Land Use Bylaw 1349-23
6.50
Discretionary Use
Subject to and in accordance with the Act:
(a) the one or more uses of land or buildings that are stated as a discretionary use in a
district; and
(b) a development that may be issued a development permit at the discretion of the
Development Authority with or without conditions as provided for in the Land Use
Bylaw.
6.51
District
A land use district established in Part IX.
6.52
Drive-In Restaurant
A restaurant that offers car attendant service or drive-through pick-up service.
6.53
Dwelling Unit
A complete building or self-contained portion of a building, set or suite of rooms for the use
of one or more individuals living as a single housekeeping unit, containing sleeping and
cooking facilities and separated or shared toilet facilities and which unit is intended as a
permanent or semi-permanent residence. "Duplex", "Multi-Unit dwelling", and "Hotel /
Motel" are separate uses.
6.54
Dwelling Unit as a Secondary Use
A dwelling unit that is developed in conjunction with a principal use so that the dwelling is
a supplementary use to that principal use.
6.55
Duplex
A residential building containing only two dwelling units, where one dwelling unit is located
above the other in whole or in part and where each dwelling unit is typically provided with
its own separate and individual access. "Semi-detached dwelling" is a separate use.
6.56
Entertainment Establishment
Development that provides dramatic, musical, dancing or cabaret entertainment and
includes supplementary food service and/or facilities for alcoholic beverage consumption.
This use includes theatres, cinemas, auditoriums, beverage rooms, cocktail lounges,
cabarets, night-clubs, and theatre restaurants. "Amusement facility", "Hotel / Motel" and
"Restaurant" are separate uses.
6.57
Equipment Sales, Rental and Service
Development for the retail sale, wholesale distribution, rental and/or service of hand tools,
small construction, farming, gardening and automotive equipment, small machinery parts
and office machinery and equipment. "Agricultural / Industrial machinery sales, rental and
service", "Automotive repair and service" and "Vehicle sales and rental" are separate uses.
6.58
Existing Commercial / Private Recreation
A commercial / private recreation use receiving formal approval prior to the passage of this
bylaw.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 9
6.59
Existing Lot or Parcel
A lot or parcel that existed on a separate Certificate of Title at the time this bylaw was
adopted or; a parcel or a lot which was or can be created pursuant to the Act without
subdivision approval.
6.60
Extensive Agriculture
The production of crops or livestock or both by expansive cultivation or open grazing.
"Intensive horticultural facility" and "Cannabis production facility" are separate uses.
6.61
Farm Buildings and Structures
In accordance with the National Building Code - Alberta Edition, the development of
buildings or structures commonly or normally contained in a farmstead that is associated
with a farming operation or an "Extensive agriculture" use where the buildings are of low
human occupancy for the housing of livestock or the storage or maintenance of equipment,
materials, or produce. Examples include barns, granaries, implement machinery and
equipment sheds, dugouts, corrals, fences and haystacks but this use does not include
"Intensive horticultural facility", or any "Dwelling unit" or "Sleeping unit" including
conventional "Single-detached residences" and "Manufactured homes".
6.62
Farm Supplies and Service
Development for the sale, storage, and distribution of grain (Including grain elevators),
livestock feed, fertilizer and chemicals used in agriculture. "Farm supplies and service"
does not include the following separate uses: "Agricultural / Industrial machinery sales
rental and service", "Animal care services, major and minor", "Bulk fuel station", Equipment
sales rental and service", "Freight and storage use" and "Livestock auctioning
establishment".
6.63
Farmer's Market
A use of land or buildings where fresh farm or garden produce is sold retail or wholesale
and where goods are typically displayed in bulk bins or stalls for customer selection. This
use includes vendors of fruit, vegetables, meat products, baked goods, dry goods, spices
and non-food products such as handicrafts provided that the sale of fresh food products
remains the primary function. "Auctioning establishment" and "Retail store" are separate
uses.
6.64
Fleet and Transportation Service
Development that may or may not include a fleet of vehicles for:
(a) the delivery of food by mobile catering service; or
(b) the transportation of people, mail, negotiable currency and documents; or
(c) the delivery of packages and small articles by courier service.
This use includes the rental and lease of vans and trucks to the public and other
businesses, facilities for the routine storage and servicing of vehicles owned and operated
by the fleet service business as well as the incidental sale of vehicles as an accessory use.
Examples include bus and coach line transport services, taxicab or limousine stations and
dispatching offices, messenger and courier services, and truck and van rental offices.
Municipal District of Pincher Creek No. 9
PART I | 10
Land Use Bylaw 1349-23
6.65
Front Yard (Secondary)
A side yard on a corner is determined to be the yard immediately adjoining a public
roadway, and where the front yard is the shorter lot line of the lots in the block.
6.66
Garden Suite
A supplementary dwelling unit that is located on the same lot or parcel as a principal
dwelling unit, where one dwelling is used to house on temporary basis individuals that are
receiving care from or providing care to residents of the principal dwelling. (See Section
49)
6.67
Geotechnical Report
Geotechnical Assessment means a comprehensive site analysis and report prepared by a
qualified insured professional of The Association of Professional Engineers and
Geoscientists of Alberta (APEGA).
All geotechnical reports should contain certain basic essential information, including:
(a) summary of all subsurface exploration data, including subsurface soil profile,
exploration logs, laboratory or in situ test results, and ground water information;
(b) interpretation and analysis of the subsurface data;
(c) specific engineering recommendations for design;
(d) discussion of conditions for solution of anticipated problems; and
(e) recommended geotechnical special provisions.
6.68
Geothermal, household
An accessory structure which uses the earth's thermal properties in conjunction with
electricity to provide heating and cooling to dwellings and accessory buildings. Geothermal
proposals at a commercial or industrial scale shall refer to Section 59 for processing being
similar to solar and wind energy power plants.
6.69
Golf Course
The golf playing area and accessory buildings and uses related to the playing of the game
of golf including a pro shop, a club house containing eating and drinking facilities, a driving
range and one dwelling or sleeping unit used by the operator or manager.
6.70
Grade
The final elevation of the finished surface of the ground adjacent to the exterior walls of a
building or structure.
6.71
Greenhouse
The development of an accessory building specifically designed and used for the growing
of vegetables, flowers, or other plants. This use does not include Cannabis Production
Facility or Intensive Horticulture Operation which are a separate uses.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 11
6.72
Gross Floor Area
The combined area of the floor surface of a building to the outside of its exterior walls or to
the glass line or centerline of a common party wall. Mezzanines, covered decks and
covered terraces, access areas, and basements are included in the calculation of gross
floor area.
6.73
Group Home
Development using a dwelling unit for a provincially approved residential social care facility
providing rehabilitative and supportive care for four or more persons. A "Group Home" may
incorporate accommodation for a resident staff as part of the use. "Public and institutional
use" is a separate use.
6.74
Grouped Country Residential
Existing or proposed residential uses on two or more adjoining parcels each of less than
70 acres in size.
6.75
Hardship
A hardship relates to the physical characteristics of the property, not the personal
circumstances of the owner or user, and the property due to the exceptional shape of a lot,
topographic conditions, or other physical conditions is rendered unusable without the
granting of a variance.
6.76
Hazardous Lands
These are lands that present development challenges in their natural state because of the
danger of damage that may occur from an event. An event includes but is not limited to:
flood, landslide, or avalanche. (See Section 35)
6.77
Hazardous or Offensive Industry
Development used for manufacturing, fabricating, processing, assembly, storage,
production or packaging of goods, materials, or products where:
(a) the use may be detrimental to public health, safety or welfare beyond the boundaries
of the site or parcel upon which it is situated; or
(b) the use may be incompatible with residential or other development because of toxic
gases, smells, wastes, noise, dust or smoke emission which are not confined to the
site or parcel upon which the use is situated. This use includes:
(i)
abattoirs, slaughterhouses and rendering plants; or
(ii)
processed forage manufacturing plants; or
(iii)
anhydrous ammonia storage facilities; or
(iv)
explosives storage or manufacturing facilities; or
(v)
fertilizer manufacturing plants; or
(vi)
gas processing plants; or
(vii)
petrochemical industries or refineries; or
(viii) metal industries, which are involved in the concentration, refining, smelting, or
re-smelting of ores or metals; or
Municipal District of Pincher Creek No. 9
PART I | 12
Land Use Bylaw 1349-23
(ix)
administrative offices, warehousing, storage and wholesale distribution facilities
associated with the above shall be treated as part of this use. "Waste disposal
facility" and "Wastewater treatment plants" are separate uses.
6.78
Height of Building
The distance measured from the average grade of the lot along the length of the building
and to the highest part of the structure as shown in Figure 1.
Figure 1
6.79
Highway Commercial
Those developments, typically along a major roadway or highway, that provide goods and
services to the travelling public. Common Highway Commercial uses include service
stations, truck stops, motels, motor hotels, drive-in and fast food restaurants.
6.80
Home Occupation
Is the secondary use of a residence or ancillary building to a residence, for an occupation,
trade, profession, craft or small scale retail business which does not change the character
of the area and does not show significant evidence of such secondary use.
6.81
Hostel
A facility operated to provide temporary (not exceeding 30 days) accommodation to
transients for remuneration within dormitory-style visitor accommodation with communal
kitchen and sanitary facilities and may include recreational facilities or services but not
additional services such as room service.
6.82
Hotel / Motel
A development that primarily provides temporary sleeping accommodation for the transient
public in rooms or suites. Typically this use contains an office with a public register and
has one or more attendants on duty at all times. Eating and drinking facilities shall be
considered part of a hotel, but entertainment, convention, sports, recreation, personal
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 13
service, office and retail facilities associated with this use shall be accessory uses. "Tourist
Home" and "Country inn" are separate uses.
6.83
Intensive Horticultural Operation
Uses of land or buildings for the high yield production and/or sale of specialty crops. This
use includes greenhouses, nurseries, hydroponics or market gardens, tree, mushroom,
and sod farms. "Extensive agriculture", and "Cannabis production facility" are separate
uses.
6.84
Industrial / Manufacturing
Development used for manufacturing, fabricating, processing, assembly, production or
packaging of goods or products, as well as administrative offices, warehousing and
wholesale distribution uses which are accessory to the above provided that the use does
not generate any detrimental impact, potential health or safety hazard or any nuisance
beyond the boundaries of the site upon which it is situated. "Hazardous or offensive
industries" and "Specialty manufacturing / Cottage industry, major and minor" are separate
uses.
6.85
Landfill Activity
In accordance with the Alberta Code of Practice for Landfills, this activity involves the
development of commercial disposal of any waste material by any means including
burying, incineration, recycling or other storage method.
6.86
Landscaping
Landscaping means the modification and enhancement of a site or development through
the use of the following elements:
(a) natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass and
other ground cover;
(b) hard landscaping consisting of non-vegetative materials such as brick, stone,
concrete, tile and wood, excluding monolithic concrete and asphalt; and
(c) excludes all areas utilized for excavation, driveways and parking.
6.87
Legal Access
(a) That a parcel or lot adjoins a road as defined in the Act; or
(b) that access from a public roadway to a parcel or lot is via an easement which is
registered for the purpose of granting access to a parcel or lot.
6.88
Livestock Auctioning Establishment
Development where livestock may be confined in an enclosed area for short periods of
time and where such livestock are auctioned and transferred to other locations.
6.89
Loading Space
A portion of a lot or parcel that is designated or used by a vehicle while loading or unloading
goods or materials to a building or use on that parcel or lot.
Municipal District of Pincher Creek No. 9
PART I | 14
Land Use Bylaw 1349-23
6.90
Lot
In accordance with the Act:
(a) a quarter section; or
(b) a river lot shown on an official plan, as defined in the Surveys Act, that is filed or
lodged in a Land Titles Office; or
(c) a part of a parcel of land described in a Certificate of Title if the boundaries of the part
are described in the Certificate of Title other than by reference to a legal subdivision;
or
(d) part of a parcel of land described in a Certificate of Title if the boundaries of the part
are described in a Certificate of Title by reference to a plan of subdivision.
6.91
Manufactured Home, Doublewide
A building or structure, whether ordinarily equipped with wheels or not, that is constructed
or manufactured in two parts with each of the two parts being moved from one point to
another individually and put together on a parcel to form a single unit and which provides
completely self-contained, year-round residential accommodation and meets the
requirements for a residence under the Canadian Standards Association. A doublewide
manufactured home does not include a single-detached residence, modular home,
singlewide manufactured home, holiday trailer or recreational vehicle.
6.92
Manufactured Home Park
A lot or parcel that is intended for or contains two or more manufactured homes, where
each manufactured home site is not subdivided into a separately titled lot.
6.93
Manufactured Home Sales and Service
Development for the sale, rental, or storage of new and used manufactured homes and
includes supplementary maintenance services and the sale of parts and accessories.
6.94
Manufactured Home, Singlewide
A building or structure, whether ordinarily equipped with wheels or not, that is constructed
or manufactured to be moved from one point to another as a singlewide which provides
completely self-contained, year-round residential accommodation and meets the
requirements for a residence under the Canadian Standards Association and National
Building Code - Alberta Edition. A singlewide manufactured home does not include a
single detached residence, modular home, doublewide manufactured home, holiday trailer
or recreational vehicle.
6.95
Mass Wasting
Mass wasting, also known as slope movement or mass movement, is the geomorphic
process by which soil, sand, regolith, and rock move downslope typically as a mass, largely
under the force of gravity, but frequently affected by water and water content.
6.96
Medical Cannabis
Medical Cannabis means a substance used for medical and pharmaceutical purposes
authorized by a license issued under the federal government and in accordance with the
Government of Canada's Access to Cannabis for Medical Purposes Regulations (ACMPR)
or any subsequent legislation which may be enacted in substitution.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 15
6.97
Medical Facility
Development providing medical and health care on an inpatient and/or outpatient basis.
Examples of this use include hospitals, nursing homes, sanatoriums, medical and dental
offices, clinics, occupational health and safety offices, counseling services, chiropractic
and naturopathic services. "Public and institutional use" and "Office" are separate uses.
6.98
Meteorological (MET) Towers
A tower structure furnished with scientific equipment for the specific purpose of measuring
components of the atmosphere. MET towers are not considered part of the public utility.
6.99
Mini Storage
The use of land with compartmentalized buildings for the storage of equipment, household
or business materials, or vehicles, but excludes storage of hazardous goods or materials.
Accessory to this use is the exterior screened storage of recreational vehicles, boats,
trailers and similar items. "Outdoor Storage", "Agricultural / Industrial machinery sales
rental and service", "Construction supply and contractors", "Equipment sales, rental and
service", "Natural Resource Extractive", "Hazardous or offensive industries" and "Vehicle
sales and rental" are separate uses.
6.100
Mixed Use Residential
A vertically integrated residential development that is part of a commercial office building
within a commercial land use designated district. Typical uses include ground floor
commercial, second floor commercial/office or residential dwelling units, and/or third floor
(or to the maximum height allowed in the district) residential dwelling units.
6.101
Modular Home
One or more finished sections of a complete residential dwelling built off-site and
transported to the site for installation on a permanent foundation, all in accordance with the
National Building Code - Alberta Edition. For the purposes of this definition, finished
means fully enclosed on the exterior and interior but need not include interior painting,
taping, and installation of cabinets, floor coverings, fixtures, heating system, and exterior
finishes. This use is not a "Moved-in Residential Building", or "Manufactured Home".
6.102
Moved-In Accessory Building
A detached non-residential building that in the opinion of the Development Authority is
separate and subordinate from commonly or normally associated with a principal use and
is considered a conventional, pre-constructed, previously occupied building which is
physically removed from one site, transported and re-established on another site. This use
does not include "Farm buildings and structures" or an "Accessory building" which are
separate uses.
6.103
Moved-In Residential Building
A "Single-detached residence" that has been constructed or located on one site, occupied,
then relocated to another site.
Municipal District of Pincher Creek No. 9
PART I | 16
Land Use Bylaw 1349-23
6.104
Multi-Unit Dwelling
A building or portion thereof that contains three or more dwelling units where each unit is
provided with its own separate primary access to the outside. Housing such as, triplexes,
fourplexes, fiveplexes, sixplexes or more typically have two or three abutting walls, which
provide fire separation from adjacent dwelling units and typically orient some of the dwelling
units away from the property frontage. This use includes all plexes of 3 or more units.
"Rowhouse or townhouse", "Semi-detached dwelling", "Duplex" and "Apartments" are
separate uses.
6.105
Municipal Planning Commission (MPC)
According to the Municipal Government Act, the Municipal Planning Commission must be
established by bylaw.
6.106
Natural Resource Extractive Use
That use of land or buildings, which is governed by the location of a natural resource for
commercial purposes, involving the extraction of a non-renewable natural resource and
may include the processing or storage of the extracted resource on the same parcel. This
use includes all stockpiles or excavations greater than 100 m3. Examples of natural
resource extractive uses are:
(a) sand and gravel operations,
(b) coal mining,
(c) magnetite mining,
(d) such other uses as established by the Development Authority to be similar to the
above or to the intent of this definition.
6.107
Non-Conforming Building
In accordance with the Act, a building:
(a) that is lawfully constructed or lawfully under construction at the date a Land Use Bylaw
affecting the building or land on which the building is situated becomes effective or
amended; and
(b) that on the date the Land Use Bylaw becomes effective does not, or when constructed
will not, comply with the Land Use Bylaw.
6.108
Non-Conforming Use
In accordance with the Act, a lawful specific use:
(a) being made of land or a building or intended to be made of a building lawfully under
construction at the date a Land Use Bylaw affecting land or buildings becomes
effective or amended; and
(b) that on the date the Land Use Bylaw becomes effective does not, or in the case of a
building under construction will not, comply with the Land Use Bylaw.
6.109
Non-Serviced
In respect to a lot or parcel, means that neither a municipal water system nor a municipal
sewage system services it.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 17
6.110
Outdoor Recreation Use
An activity which is not dependent upon the construction or erection of any associated
development(s) and which has no impact, or minimal impact, on the land or area within
which the activity occurs. Typical uses include, but are not limited to, hiking, fishing,
horseback riding, mountain climbing, etc. War games, paint ball, and "Commercial /
Private recreation uses" are separate uses.
6.111
Outdoor Storage
The use of land with or without attendant buildings for the outdoor storage of equipment,
materials or vehicles, or processed or unprocessed resources or materials, except those
goods or materials which are hazardous. For the purposes of this bylaw, "Outdoor storage"
uses are limited to those uses that require minimal on-site improvements, service and
public amenities or facilities. "Agricultural / Industrial machinery sales rental and service",
"Construction supply and contractors", "Equipment sales, rental and service", "Natural
Resource Extractive", "Hazardous or offensive industries" and "Vehicle sales and rental"
are separate uses.
6.112
Owner
The person or persons shown as the owner(s) of land on the assessment role of the
municipality prepared under the Act.
6.113
Parcel of Land or Parcel
In accordance with the Act, the aggregate of the one or more areas of land described in a
Certificate of Title or described in a Certificate of Title by reference to a plan filed or
registered in a Land Titles Office.
6.114
Park Model Recreation Vehicle
A transportable unit designed to be transported on its own wheels. The unit is intended to
be moved to other sites infrequently, however, is approved for towing on public roadways
and subject to highway safety standards. These units are occupied on a short-term or
seasonal basis and are generally wider and longer than recreational vehicles. See
Seasonal.
6.115
Parking Facility
A development where the principal use is for vehicular parking either outdoors or in a
building.
6.116
Partially Serviced Lot
A lot that is provided water or sewer serviced by either:
(a) a municipal water line or a municipal sewer line; or
(b) an incorporated organization or co-operative, recognized by the municipality, that is
operating a provincially approved water or sewer system.
Municipal District of Pincher Creek No. 9
PART I | 18
Land Use Bylaw 1349-23
6.117
Permitted Use
Subject to and in accordance with the Act:
(a) the one or more uses of land or buildings that are stated in Part IX and in a district as
permitted uses; and
(b) a development that must be issued a development permit (unless it is exempted from
requiring a permit) by the "Development Authority" with or without conditions as
provided for in the Land Use Bylaw, if the application for the development permit for
that development conforms to the Land Use Bylaw.
6.118
Personal Service
Development providing services for personal care and appearance, services for cleaning,
servicing, altering and maintenance of personal effects and accessories. This use includes
barbershops, beauty salons, tailors, diet centres, shoe repair shops, dry cleaners,
upholstery and rug cleaners, Laundromats, and funeral homes.
6.119
Physical Vehicular Access
That a parcel or lot adjoins a road, as defined in the Act, or other "legal access" to the
extent that normal vehicular traffic is both reasonably safe and possible.
6.120
Principal Building
(a) A building which is the main building (including all decks) on a lot; or
(b) a building which, by reason of its use, is the primary purpose for which the lot is used.
6.121
Principal Use
The main purpose for which a lot, parcel or building is used or is intended to be used.
6.122
Professional, Financial, Office and Business Support Service
A development primarily for the purpose of providing professional, management,
administrative, financial or consulting services. Typical uses include banks, duplicating or
blueprinting services, cleaning or maintenance services, engineering, architectural,
drafting, project design or management services, lawyers, accountants, engineers,
planners, doctors and architects; offices for real estate and insurance firms; clerical,
secretarial, employment, telephone answering and similar office support services; banks,
credit unions, loan offices and similar financial uses; and printing establishments, film
processing establishments, janitorial firms and business or household repair shops.
6.123
Public Access
Land that is privately owned but that is used by the public to enter or exit a parcel, lot or
subdivision.
6.124
Public and Institutional Uses
A development which is available to the public for the purpose of assembly, instruction,
culture or community activities, including but not limited to a school or educational facility
whether public or private, churches or places of worship, libraries and museums, as well
as developments associated with police, fire or ambulance services and other municipal
uses.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 19
6.125
Public Park or Recreation
A public park, playground, recreation area, indoor or outdoor rink, gymnasium, government
campground, sports field, historic or archaeological site or any similar facility or use of land
or buildings, provided that the park, playground recreation area or similar facility is owned
and/or administered by any level of government or not-for-profit organization. "Golf course"
is a separate use.
6.126
Public Roadway
Land:
(a) established as a statutory roadway; or
(b) shown as a road on a plan of survey that has been filed or registered in a Land Titles
Office;
that may or may not have been constructed to the municipality's standards and which may
or may not be maintained for public transport.
6.127
Public Utility
A system of works used to provide one or more of the following for public consumption,
benefit, convenience or use: water or steam; sewage disposal; public transportation
operated by or on behalf of the municipality; irrigation; drainage; fuel; waste management,
electric power distribution, heat; telecommunications and includes the thing that is provided
for public consumption, benefit, convenience or use.
This use does not include commercial or private wind, solar, or other energy plants.
6.128
Real Property Report (RPR)
A legal document that illustrates in detail the location of all relevant, visible public and
private improvements relative to property boundaries prepared by a registered Alberta
Land Surveyor.
6.129
Recreation Facility
Development for athletic, recreation and community meeting activities and may include
eating, drinking, amusement and retail facilities as accessory uses. "Amusement facilities"
is a separate use.
6.130
Recreational Vehicle / Holiday Trailer
A transportable unit designed to be transported on its own wheels or by other means
(including units permanently mounted or otherwise on trucks), designed or constructed or
reconstructed or added to by means of accessories in such a manner as will permit its use
for sleeping or living purposes for one or more persons on a short-term basis. These units
are subject to highway safety standards rather than housing standards.
6.131a Recreational Accommodation, Commercial Highway
An area of public recreation which is used or intended to be used where a fee or charge is
paid or made and may be proposed as any accessory building or structure, tent, vehicle,
or enclosure used or intended for use as a part of the recreational accommodation and
may include supplementary uses as listed in Section 48 this bylaw. This use shall only be
considered where directly adjacent to a provincial highway. 'Tourist Home', 'Country Inn',
Municipal District of Pincher Creek No. 9
PART I | 20
Land Use Bylaw 1349-23
'Recreational Accommodation, Commercial Resort', 'Recreational Accommodation, Family
limited', 'Outdoor storage' and 'Recreational Accommodation, Family' are separate uses.
6.131b Recreational Accommodation, Commercial Resort
An area of public recreation where the buildings are permanent and is used or intended to
be used where a fee or charge is paid or made and may be proposed as any building,
structure, tent, vehicle, or enclosure used or intended for use as a part of the recreational
accommodation and may include supplementary uses as listed in Section 48 this bylaw.
'Tourist Home', 'Country Inn', 'Recreational Accommodation, Commercial Highway',
'Recreational
Accommodation,
Family',
'Outdoor
storage',
and
'Recreational
Accommodation, Family limited' are separate uses.
6.131c Recreational Accommodation, Family
An area of private family recreation which is used or intended to be used where no fee or
charge is paid or made as a part of the recreational accommodation. The number of
recreational units per lot, parcel, or quarter section allowed is as follows:
Parcel Size (acres)
Number of Recreational Units Allowed
<1 to 20
*2
> 20 to 1 quarter section or greater
*4
*A recreational unit is defined as any tent, 'Recreational Vehicle/Holiday Trailer', or similar recreational non-
permanent accommodation.
'Tourist Home', 'Country Inn', and 'Recreational Accommodation, Commercial Highway'
'Recreational Accommodation, Commercial, Resort, 'Outdoor storage' and 'Recreational
Accommodation, Family limited' are separate uses.
6.131d Recreational Accommodation, Family limited
An area of private family recreation which is used or intended to be used where no fee or
charge is paid or made and may be proposed as any building, structure, tent, vehicle or
enclosure used or intended for use as a part of the recreational accommodation that
exceeds the recreational units listed in 6.130c. 'Tourist Home', 'Country Inn', 'Recreational
Accommodation, Commercial Highway' 'Recreational Accommodation, Commercial
Resort, 'Outdoor storage' and 'Recreational Accommodation, Family' are separate uses.
6.132
Recycling Facility
Development for the purchasing, receiving and/or temporary storage of discarded articles,
provided that the use does not generate a detrimental effect or nuisance beyond the parcel
or lot upon which it is situated. This use may involve supplementary production of by-
products or materials and includes bottle, can, and paper recycling depots. "Salvage and
waste disposal facility" is a separate use.
6.133
Restaurant
Development where food and beverages are prepared and served and may include
supplementary alcoholic beverage service and supplementary on- or off-premises catering
services. This use includes restaurants, cafes, lunch and tea-rooms, ice cream parlors,
banquet facilities and take-out restaurants. "Drive-in restaurant", "Food and beverage
services within a ski facility" and "Entertainment establishment" are separate uses.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 21
6.134
Retail Cannabis Store
Retail cannabis store means the use of a store, premises or a building for a commercial
retail cannabis business, licensed by the Province of Alberta, where legal non-medical
cannabis and cannabis accessories are sold to individuals who attend at the premises and
the product sales or associated sales are expressly authorized by the Alberta Gaming,
Liquor and Cannabis (AGLC).
6.135
Retail Store
Development for the retail sale of any one or all of the following: groceries, beverages,
household goods, furniture and appliances, confectioneries, pharmaceuticals and personal
care units, automotive parts and accessories, office equipment, stationery and similar
goods. Minor service-oriented facilities such as postal services and film processing depots
shall be allowed as accessory uses. This use includes supermarkets, jewelry stores,
clothing stores, convenience stores, hardware stores and second-hand stores.
"Automotive repair and service", "Household repair services", "Personal service", "Retail
cannabis store" and "Vehicle sales and rental use" are separate uses.
6.136
Rowhouse or Townhouse
A residential building containing three or more dwelling units, where each dwelling unit is
joined in whole or in part at the side only and where no dwelling unit is located in whole or
in part above another dwelling unit. Each dwelling unit in a rowhouse is separate from the
abutting dwelling unit by a wall, generally extending from the foundation to the roof, and
each dwelling unit is provided with its own direct access from grade. "Apartment" and
"Multi-Unit dwelling" are separate uses.
6.137
Salvage and Waste Facility
A development providing for the commercial purchasing, receiving, salvaging, selling or
transporting of spent materials or substances that may generate a detrimental impact or
nuisance beyond the boundaries of the lot or parcel upon which it is situated. This use
includes auto wreckers, salvage and scrap yards as well as the following uses referred to
in the Matters Relating to Subdivision and Development Regulation: a dry waste site, a
hazardous waste management facility and a waste sorting station. "Recycling facility" is a
separate use.
6.138
Seasonal
As defined by the Municipal Planning Commission and not to exceed 6 months.
6.139
Secondary Farm Residence
An additional residence, other than a primary farm residence, that is occupied by a person
who is engaged for at least six months each year personally in an agricultural pursuit on
the same parcel as the secondary farm residence. "Secondary farm residence" includes a
conventional "Single-detached residence", a "Doublewide or Singlewide manufactured
home" "Modular home" or a "Moved-in residential building" unless otherwise provided in a
land use district.
6.140
Secondary Suite
An additional dwelling unit located on a property containing a single unit residence, which
is subordinate to the primary residence. The unit must have a separate entrance from the
principal dwelling, either from a common indoor landing or directly from the exterior of the
Municipal District of Pincher Creek No. 9
PART I | 22
Land Use Bylaw 1349-23
house. A secondary suite shall not be developed within a "Duplex", "Semi-detached
dwelling", "Multi-unit dwelling", "Manufactured home park", "Rowhouse or townhouse" or
"Apartment". "Garden suite", "Surveillance suite", and "Secondary farm residence" are
separate uses.
6.141
Semi-Detached Dwelling
A residential building containing only two dwelling units located side by side with separate
access to each dwelling unit. Each dwelling unit in a "Semi-detached dwelling" is joined to
the other unit by at least one common wall that extends from the foundation to at least the
top of the first storey of both dwelling units.
6.142
Senior Citizen Housing
A development which complies with the Alberta Housing Act and which is used as a
residence designed for elderly persons not requiring constant or intensive medical care,
and usually consists of multiple dwelling units.
6.143
Service Station
Development used for the retail sale of gasoline and other motor vehicle fuels, the retail
sale of lubricants and motor vehicle accessories and the servicing and mechanical repair
of motor vehicles. This use may include a convenience store as part of the use, but
associated vehicle towing services, a car wash and limited vehicles sales shall be
accessory uses. This use includes gas stations with service bays, but "Truck stop" is a
separate use and is distinguished from the former by such matters as larger site area,
broader market, and propensity for greater impact on adjoining uses. "Auto body and/or
paint shop", "Restaurant", and "Vehicle sales and rental use" are also separate uses.
6.144
Serviced
In respect to a parcel or a lot means that it is or will be serviced by a municipal water system
and by a municipal sewage system.
6.145
Setback
The shortest horizontal distance required between a property line of a lot and the nearest
part of any building, structure, development, excavation or use on such lot.
6.146
Shipping Container
Any container that was used for transport of goods by means of rail, truck or by sea and
are generally referred to as a C-Container, sea cargo container, sea can or cargo container.
These containers are rectangular in shape and are generally made of metal. When used
for any purpose other than transporting freight, a shipping container is an accessory
building. See Section 58.
6.147
Shooting Range
A designated practice area designed for the purpose of controlled discharge of firearms or
archery equipment.
6.148
Sign
An outdoor visual device and its structure and component parts, intended to identify,
advertise or call attention to any matter, object, event or person.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 23
6.149
Single-Detached Residence
A building containing only one dwelling unit, with or without an attached garage, which is
not attached to another dwelling or building. This use includes "stick-built" residences and
modular homes but this use excludes "Doublewide or Singlewide manufactured homes".
"Group homes" and "Child care services" are separate uses regardless of whether they are
contained in a conventional "Single-detached residence".
6.150
Ski Facility
All development associated with the operation of a ski hill including but not limited to the
provision of food and beverage services, administration, ski/snowboard school, ski patrol
structure, washroom facilities, ski-ticket sales, lockers, and maintenance shop. This use
does not include dwelling units or sleeping units.
6.151
Sleeping Unit
A habitable room, or suites of habitable rooms not directly accessible to cooking facilities,
which are used or intended to be used as sleeping quarters.
6.152
Solar energy system, commercial/industrial
A system using solar technology to collect energy from the sun and convert it to energy
that is intended for off-site consumption, distribution to the marketplace, or a solar energy
system that does not meet the definition of solar energy systems, household.
6.153
Solar energy system, household
A photovoltaic system using solar panels to collect solar energy from the sun and convert
it to electrical, mechanical, thermal, or chemical energy that is primarily intended for sole
use and consumption on-site by the landowner, resident or occupant.
6.154
Specialty Manufacturing / Cottage Industry, minor
Development used for small-scale, on-site production of goods in a building not exceeding
a gross floor area of 510 m2 (5,490 ft2), including areas devoted to retail sales, display and
storage. This use includes, but is not limited to, bakeries and specialty food production
facilities, pottery, welding and fabrication and sculpture studios, taxidermists, greenhouses
and specialty furniture and cabinet makers.
6.155
Specialty Manufacturing / Cottage Industry, major
Development used for larger-scale, on-site production of goods in a building exceeding a
gross floor area of 510 m2 (5,490 ft2), including areas devoted to retail sales, display and
storage. This use includes but is not limited to bakeries and specialty food production
facilities, welding and fabrication and sculpture studios, greenhouses and specialty
furniture and cabinet makers.
6.156
Stockpile or excavation
The holding or storage on land of material or products.
6.157
Storey
The space within a building which is between the surface of any floor and the floor surface
or ceiling immediately above it and is usually 2.4 m (7.9 ft.) in height.
Municipal District of Pincher Creek No. 9
PART I | 24
Land Use Bylaw 1349-23
6.158
Storey, Half
The storey, as shown in Figure 2, immediately under a pitched roof, where the wall heights
on at least two opposite walls are less than 1.4 m (4.6 ft.) above its floor.
Figure 2
6.159
Subdivision
The division of a parcel of land into one or more smaller parcels by a plan of subdivision or
other instrument according to the Act, Part 17, Division 7.
6.160
Matters Relating to Subdivision and Development Regulation
The regulations established by order of the Lieutenant Governor in Council pursuant to
Section 694 of the Act.
6.161
Subdivision Authority
The body established by bylaw to act as the subdivision authority in accordance with
Section 623 of the Act.
6.162
Subsidence
The gradual caving in or sinking of an area of land. See also mass wasting.
6.163
Surveillance Suite
A dwelling unit or sleeping unit that is developed in conjunction with a principal use so that
the dwelling is a supplementary use to that principal use, and which is used solely to
accommodate a person or persons, whose function is to provide surveillance, maintenance
and/or security for a development provided for in the land use district.
6.164
Temporary
Any time limit set by the Development Authority or as set out in this bylaw.
6.165 Tourist Home
Tourist Home means a dwelling unit operated as a temporary or short-term rental or lease
accommodation unit, with or without compensation, occupied by a guest or guests for a
period of less than 28 days without the residence owner being present or residing on site,
and includes all vacation rentals of a dwelling unit and may provide on-site meals. This
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART I | 25
use does not include 'Country Inn', 'Home Occupation', 'Motel/Hotel' which are separately
defined uses.
6.166
Truck Stop
A service station that caters to large commercial vehicles such as semi-trailer trucks as
well as intermediate-sized vehicles and passenger vehicles. This use includes an
accompanying restaurant or cafe as well as a card lock or key lock motor vehicle fuel
dispensing facility. The use may also include general retail sales, vehicle towing services,
limited vehicle sales or rentals and similar uses provided that these are accessory uses
and incidental to the operation of the truck stop. "Autobody or paint shop", "Automotive
repair and service", "Bulk fuel station", "Retail store", "Service station" and "Vehicle sales
and rental" are separate uses.
6.167
Variance
Variance means a relaxation of a measurable standard of this bylaw.
6.168
Vehicle Sales and Rental
Development for the sale of automobiles, vans, motorcycles, snowmobiles, tents and
holiday trailers, boats and other recreation vehicles and trucks with a tare weight not
exceeding 5,000 kg (11,000 lbs.). These uses include supplementary vehicle maintenance
and cleaning, sale of parts and accessories and dispensing of motor fuel. This use may
also include "Autobody and/or paint shop" or "Automotive repair and service" where these
are accessory uses to the principal use. "Agricultural / Industrial machinery sales, rental
and service", "Salvage or waste disposal facility", "Service station" and "Truck stop" are
separate uses.
6.169
Viewscape
A viewscape is the area visible from a point, a line, an arc, or specific locality. Viewscapes
are areas of historic scenic value that are deemed by council to be in the broader public
interest worthy of preservation.
6.170
Wash House
A facility in conjunction with a recreation vehicle park that provides a common building
providing toilets, showers, laundry, kitchen-like facilities and meeting area.
6.171
Wastewater Treatment Plant
As referred to in the Subdivision and Development Regulation has the same meaning as
in the Environmental Protection and Enhancement Act and includes a wastewater
treatment stabilization plant.
6.172
Wholesale or Storage Warehousing
Development for the storage and/or transport of goods and/or the wholesale distribution of
goods except livestock. "Mini storage", "Construction supply and contractors", "Outdoor
storage", "Farm supplies and service", and "Fleet and transportation service" are separate
uses.
Municipal District of Pincher Creek No. 9
PART I | 26
Land Use Bylaw 1349-23
6.173
Wind Energy Conversion System (WECS)
A wind energy conversion system is a structure designed to convert wind energy into
mechanical or electrical energy. See Section 57 for more detailed definitions.
6.174
Yard
That portion of a lot or parcel not occupied or enclosed by buildings, which can be occupied
as shown in Figure 3.
Figure 3
SECTION 7
ESTABLISHMENT OF FORMS
7.1
For the purpose of administering the provisions of this Land Use Bylaw, the Council shall,
by resolution or bylaw, authorize the preparation and use of such forms and notices as it
may deem necessary.
SECTION 8
OTHER LEGISLATIVE AND BYLAW REQUIREMENTS
8.1
Notwithstanding that a development permit may not be required by this bylaw, nothing in
this bylaw relieves a person or corporation of their duty or obligation to comply with the
provisions and requirements of this bylaw, or to obtain any other permit, license or other
authorization required by the Government of Canada, the Province of Alberta, or any
regulation pursuant to provincial or federal legislation, nor any bylaw of the Municipal
District of Pincher Creek.
8.2
Compliance with the provisions and requirements of this bylaw does not exempt any
person or corporation from complying with any easement, covenant, agreement or contract
affecting the development.
SECTION 9
SECTIONS FOUND TO BE INVALID
9.1
If one or more provisions of this Land Use Bylaw are, for any reason, declared to be invalid,
all remaining provisions are to remain in full force and in effect.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART II | 1
PART II - APPROVING AUTHORITIES
SECTION 10
DEVELOPMENT OFFICER
10.1
The office of the Development Officer is established through the Development Authority
and Municipal Planning Commission Bylaw and shall be filled by a person or persons
appointed by Council.
10.2
The Development Officer shall perform such duties that are specified in this bylaw and the
Development Authority Bylaw.
10.3
The Development Officer shall keep and maintain for the inspection of the public during
business hours a copy of this bylaw and all amendments thereto, and keep a register of all
applications for development, the decisions and the reasons therefore.
10.4
The Development Officer is declared to be a Development Authority for the purposes of
the Act.
SECTION 11
MUNICIPAL PLANNING COMMISSION
11.1
The Municipal Planning Commission is established through The Municipal District of
Pincher Creek No. 9 Development Authority and Municipal Planning Commission Bylaw
and shall consist of persons to be appointed by the Council.
11.2
The Municipal Planning Commission shall perform such duties as are required to carry out
the procedures specified in this bylaw.
11.3
The Municipal Planning Commission is declared to be a Development Authority for the
purposes of the Act.
SECTION 12
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
12.1
The Subdivision and Development Appeal Board is established through the Subdivision
and Development Appeal Board Bylaw and shall consist of persons to be appointed by
Council.
12.2
The Subdivision and Development Appeal Board shall perform such duties as specified by
this bylaw, the Act, and the Subdivision and Development Appeal Board Bylaw.
SECTION 13
SUBDIVISION AUTHORITY
13.1
The Subdivision Authority is authorized to make decisions on applications for subdivisions
pursuant to the Subdivision Authority Bylaw, and may exercise only such powers and
duties as are specified:
(a) in the municipality's Subdivision Authority Bylaw;
(b) in this bylaw
(c) the Municipal Development Plan; or
(d) by resolution of Council.
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PART II | 2
Land Use Bylaw 1349-23
13.2
The Subdivision Authority may delegate, though any of the methods described in
subsection 13.1 above, to any individual, municipal staff, or a regional services
commission, any of its required functions or duties in the processing of subdivision
applications. In respect of this:
(a) the delegation of duties by the Subdivision Authority may include the authorized entity
being responsible for determining the completeness of a submitted subdivision
application;
(b) the Subdivision Authority delegate is authorized to carrying out the application process
with subdivision applicants as described in Part IV of this bylaw, including the task of
sending all required notifications.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART III | 1
PART III - DEVELOPMENT PERMITS
Except as provided in Section 15, no person shall commence a development unless they have been issued
a development permit in respect of the development.
SECTION 14
PERMIT FEES
14.1
All fees and charges under and pursuant to this bylaw, and any amendments thereto, with
respect to development permits shall be as established by Council.
SECTION 15
DEVELOPMENT NOT REQUIRING A PERMIT
15.1
A development permit is not required for the following, but must otherwise comply with all
other provisions of this bylaw:
(a) except in a Grouped Country Residential district, farm buildings and structures other
than those for intensive horticultural operations, provided that these are located at
least:
(i)
300 m (984 ft.) from the right-of-way of a provincial highway and 800m (2625 ft.)
from a highway intersection or as approved by Alberta Transportation;
(ii) 30 m (98.4 ft.) from any developed or undeveloped road right-of-way;
(iii) 400 m (1312 ft.) from the boundary of any Crown Land as detailed in the Oldman
River Reservoir Area Structure Plan;
(iv) 50 m (164 ft.) from a naturally occurring water body or outside the 1:100 flood
levels, whichever distance is greater.
(b) extensive agriculture or grazing of land;
(c) the cutting or harvest of trees on private lands;
(d) the erection or maintenance of agricultural fences associated with the extensive
cultivation or grazing of land or an "Extensive agriculture" use except in the Airport
Vicinity Protection district;
(e) the erection or construction of temporary buildings without dwelling or sleeping units,
works, plants, materials, or machinery that are needed, in the opinion of the
Development Authority, to erect or construct a development;
(f)
exempted signs identified under Section 55;
(g) the maintenance or repair of any building including interior and exterior renovations
provided that:
(i)
such works do not include structural alterations or additions which affect changes
in the exterior size, dimensions or design of the building; and
(ii) such works on the exterior of a building comply with the Architectural Control
provisions, if any, of the district in which the building is located;
(h) garden sheds, tool sheds and similar accessory buildings provided that:
(i)
the accessory buildings do not exceed 10.5 m2 (113 ft2) in area;
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PART III | 2
Land Use Bylaw 1349-23
(ii) only one such building is located on a residential lot, within the boundaries of a
designated hamlet, without requiring a development permit;
(iii) only two such buildings may be located on a residential lot, within an area
designated for country residential use, without requiring a development permit;
(iv) any matter pertaining to the development of such a building including its height,
exterior finish and location, complies with the provisions of this bylaw and the
schedules thereto;
(i)
outdoor recreation uses as defined;
(j)
public utility buildings, other than within designated hamlets;
(k) landscaping and paving of parking areas provided that surface runoff does not affect
adjacent parcels or lots;
(l)
unless otherwise required in a district, and subject to Section 37, the construction,
erection, maintenance or alteration of an accessory structure;
(m) planted trees and landscaping provided they are located outside the sight triangle in
Section 38 or when any part of the mature tree above grade is 6 m (19.7 ft.) or more
from the edge of a developed road allowance;
(n) decks which are not covered in by a roof and/or screened by two walls, and which
meet the setback and other requirements of the land use district;
(o) a single stockpile or single excavation of volumes less than 100 m3;
(p) a water well;
(q) the development of greenhouses as an accessory use totaling less than 46.45 m2
(500 ft2);
(r)
solar energy system, household where the installation is a roof or wall mounted
system in all districts and a maximum of 20Kw freestanding ground mounted system
within the Agriculture - A, Airport Vicinity Protection - AVP, and Wind Farm Industrial
- WFI districts;
(s) unless otherwise restricted in a district, the erection or construction of gates, fences,
walls or other means of enclosure, which satisfy the requirements of Section 37 and
Section 38;
(t)
the erection of towers, flag poles and other poles not exceeding 4.5 m (14.8 ft.) in
height provided that the structure is not located in a front yard or on a building or
structure in a residential land use district (for designated hamlets only);
(u) shipping containers within the Agriculture - A, Airport Vicinity Protection - AVP, and
Wind Farm Industrial - WFI districts which satisfy the requirements of Section 58;
(v) the storage of farm related machinery, vehicles and trailers within the Agriculture - A,
Airport Vicinity Protection - AVP, and Wind Farm Industrial - WFI districts;
(x) 'Recreational accommodation, family' use within the Agriculture - A Airport Vicinity
Protection - AVP, and Wind Farm Industrial - WFI districts where the criteria listed in
Section 48 are met and no permanent building or structure is placed on site;
(y) geothermal servicing the household or farm operation within the Agriculture - A,
Airport Vicinity Protection - AVP, and Wind Farm Industrial - WFI districts;
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART III | 3
(z) fire pits provided that the Fire Pit Notification process is completed through Pincher
Creek Emergencies Services.
15.2
In addition to Section 15.1, unless otherwise stated in a land use district, the following
development does not require a development permit:
(a) highways, roads, pipelines or other development exempted under the Act, or any other
development, which in the opinion of the Development Officer or Municipal Planning
Commission is associated with the construction, repair or upgrade of said
development;
(b) the completion of a building that is lawfully under construction at the date of the first
publication of the official notice required by the Act, provided that the building is
completed in accordance with the terms of any permit granted in respect of it and
subject to the conditions to which such permit was granted and provided also that the
building, whether or not a permit was granted in respect of it, is completed within a
period of twelve (12) months from the said date of the first publication of the official
notice;
(c) the use of any such building as referred to in 15.2(b) above for the purpose for which
construction was commenced;
(d) telecommunication antenna systems that are regulated by Innovation, Science and
Economic Development (ISED) Canada subject to Section 60 (Telecommunication
Siting Protocol);
(e) the maintenance or repair of public works, services and utilities carried out by, or on
behalf of federal, provincial, municipal or public authorities on land which is publicly
owned or administered;
(f)
those developments receiving federal approval or being exempt pursuant to Section
618 of the Act;
(g) any use or development exempted under the Planning Exemption Regulation.
15.3
Sections 15.1 and 15.2 do not authorize any development including, but not limited to the
placement or erection of signs on municipal property, on a public roadway.
15.4
If there is any question whether or not a development requires a development permit, the
matter shall be referred to the Municipal Planning Commission, whose decision shall be
final.
15.5
Sections 15.1 and 15.2 do not authorize any development within the Airport Vicinity
Protection (AVP) district which requires the approval of Transport Canada and NAV
Canada.
SECTION 16
APPLICATION FOR DEVELOPMENT PERMIT
16.1
Prior to the submittal of any development permit application, all applicants are encouraged
to set up a pre-application meeting with the Development Officer to review the permit
requirements and discuss matters pertaining to the development application review and
decision making processes.
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PART III | 4
Land Use Bylaw 1349-23
16.2
An application for a development permit shall be made to the Development Officer in writing
on the application provided by the Municipal District of Pincher Creek, and shall:
(a) be signed by the registered owner(s) or his or her agent where a person other than
the owner is authorized by the owner to make application. The correctness of the
information supplied shall, when required by the Development Officer, be verified by
a Statutory Declaration;
(b) state the proposed use or occupancy of all parts of the land and buildings, and such
other information as may be required by the Development Officer;
(c) be accompanied by an area structure plan if one is required pursuant to the provisions
of the Municipal Development Plan; and
(d) at the discretion of the Development Officer, include parcel plans in duplicate at a
scale satisfactory to the Development Officer, showing any or all of the following:
(i)
north point;
(ii)
legal description of parcel;
(iii)
location of principal building and other structures including accessory buildings,
garages, carports, fences, driveways, paved areas, and major landscaped areas
including buffering and screening areas where provided;
(iv)
outlines of the roof overhangs on all buildings;
(v)
front, side and rear yards;
(vi)
the provision of off-street loading and vehicle parking;
(vii) access and egress points to and from the parcel;
(viii) the exterior elevations showing height, horizontal dimensions and finishing
materials of all buildings, existing and proposed;
(ix)
a parcel grading plan indicating but not limited to indicating the elevations of the
parcel at all corners and the grade at all corners of the proposed development
as well as the grades of the adjacent streets, lanes and sewers servicing the
parcel;
(x)
storm drainage plan;
(xi)
the location of existing and proposed municipal and private local improvements
as well as an estimation of the cost of the installation thereof;
(xii) the lowest finished floor elevation in either the basement or main floor in the
principal and accessory buildings where applicable, on a vacant parcel in a
residential land use district, the suggested location for a future driveway and
garage or carport, if the application itself does not include such building as part
of the proposal;
(xiii) estimated cost of the project, excluding land prices; and
(xiv) any other pertinent information or tests required by the Development Officer
respecting the parcel or adjacent lands.
16.3
In the case of a development permit application made pursuant to a Direct Control district,
all requirements and procedures pertinent to the development permit application will be at
the direction and to the satisfaction of Council.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART III | 5
16.4
As well as the requirements found in 16.2, all development permit applications made
pursuant to the Part IX - Districts within Castle Mountain Resort, shall be accompanied by
a letter certified by the Castle Mountain Resort Development Committee (or its equivalent).
16.5
In determining the development permit application requirements and procedures pursuant
to Section 16.4, the Council Development Authority may consider and be guided by the
provisions outlined in Section 16.2 and may require the applicant to submit any or all of the
following for the purpose of relating any proposal to the satisfaction of the Municipal District
of Pincher Creek:
(a) location of all proposed buildings;
(b) elevation and architectural treatment of all buildings and associated structures;
(c) proposed servicing scheme and its relationship to the Municipal District of Pincher
Creek's existing and/or proposed servicing plans;
(d) anticipated scheduling and sequence of development;
(e) mechanisms by which conformance to the plan will be ensured such as normally
achieved through a combination of caveats, easements, service agreements and
financial guarantees;
(f)
all yard setbacks, parcel coverage, parcel areas, floor areas, sizes of parcels, number
of parking stalls;
(g) Council having regard to the nature of the proposed development and the surrounding
use(s), which may be affected, deems such additional requirements as necessary;
and
(h) a conceptual plan.
SECTION 17
DETERMINATION OF COMPLETE DEVELOPMENT PERMIT APPLICATION
17.1
A Development Officer shall, within 20 days after the receipt of an application in
accordance with Section 16 for a development permit, determine whether the application
is complete.
17.2
An application is complete if, in the opinion of the Development Officer, the application
contains the documents and other information necessary to review the application. The
completion date entered on the permit application by the Development Officer is the
acknowledgement to the applicant that the submitted information and application is
deemed to be complete.
17.3
The time period referred to in subsection 17.1 may be extended by an agreement in writing
between the applicant and the Development Officer.
17.4
If the Development Officer does not make a determination referred to in subsection 17.1
within the time required under subsection 17.1 or 17.3, the application is deemed to be
complete.
17.5
If the Development Officer determines that the application is incomplete, the Development
Officer shall issue to the applicant a written notice indicating that the application is
incomplete and specifying the outstanding documents and information to be provided,
including but not limited to those required by Section 16. A submittal deadline for the
outstanding documents and information shall be set out in the notice. A later date may be
Municipal District of Pincher Creek No. 9
PART III | 6
Land Use Bylaw 1349-23
agreed on between the applicant and the Development Officer in writing to extend the
deadline.
17.6
When the Development Officer determines that the information and documents required to
be submitted under subsection 17.5 are complete, the Development Officer shall issue to
the applicant a written Notice of Completeness acknowledging that the application is
complete, delivered by hand, mail or electronic means.
17.7
If the required documents and information under subsection 17.5 have not been submitted
to the Development Officer within the timeframe prescribed in the notice issued under
subsection 17.5, the Development Officer shall return the application to the applicant
accompanied by a written Notice of Refusal stating the application is deemed refused and
the reasons for refusal.
17.8
Despite issuance of a Notice of Completeness under subsection 17.4 or 17.6, the
development authority in the course of reviewing the application may request additional
information or documentation from the applicant that the development authority considers
necessary to review the application.
SECTION 18
DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS
SUITABILITY OF SITES
18.1
Notwithstanding that a use of land may be permitted or discretionary or considered similar
in nature to a permitted or discretionary use in a land use district, the Subdivision or
Development Authority may refuse to approve a subdivision or issue a development permit
if the Authority is made aware of or if, in their opinion, the site of the proposed building or
use is not safe or suitable based on the following:
(a) does not have safe legal and physical access to a maintained road in accordance with
the Land Use Bylaw, other municipal requirements or those of Alberta Transportation
if within 300 m (984 ft) of a provincial highway or 800 m (2,625 ft) from the centre point
of an intersection of a controlled highway and a public road;
(b) has a high-water table or soil conditions which make the site unsuitable for
foundations and/or sewage disposal systems in accordance with provincial
regulations;
(c) is situated on an unstable slope;
(d) consists of unconsolidated material unsuitable for building;
(e) is situated in an area which may be prone to flooding, mass wasting, or erosion;
(f)
does not comply with the requirements of the South Saskatchewan Regional Plan, the
Matters Relating to Subdivision and Development Regulation or any other applicable
statutory plans;
(g) is situated over an active or abandoned coal mine or oil or gas well or pipeline that
has not been sufficiently remediated;
(h) would expose the structure itself and/or people living and working there to risk from
the operations of a nearby airport or airstrip;
(i)
is unsafe due to contamination by previous land uses;
(j)
does not meet the minimum setback requirements from a sour gas well or bulk
ammonia storage facility;
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(k) is situated closer to a confined feeding operation than the minimum distance
separation recommended by the Natural Resources Conservation Board;
(l)
does not have an adequate (quality or volume) water supply;
(m) does not have an adequate means of wastewater (i.e. sewage) disposal;
(n) does not have an adequate means of stormwater disposal;
(o) does not meet an applicable measurable standard (i.e. lot size or setback
requirements) or any other applicable standards or requirements of this Bylaw;
(p) would prevent or interfere with the natural and economic extension of a nearby
developed area including but not limited to an oil or gas field, a sewage treatment
plant, a waste disposal or transfer site, a pipeline or a road system;
(q) is subject to any easement, caveat, restrictive covenant or other registered
encumbrance which makes it impossible to build on the site;
(r)
or any other matter as determined by the Subdivision or Development Authority.
PERMITTED USE APPLICATIONS
18.2
Upon receipt of a completed application for a development permit for a permitted use, the
Development Officer shall approve, with or without conditions, an application for a
permitted use where the proposed development conforms to this bylaw and may:
(a) require a Real Property Report, signed by an Alberta Land Surveyor for the purpose
of evaluating the compliance of the proposed or existing development against all land
use regulations relating to the use and building(s) that is (are) the subject of the
development permit application;
(b) prior to making a decision, refer any application for a permitted use to any municipal
department or external agency for comment;
(c) require, as a condition of issuing a development permit, that the applicant enter into
and comply with a development agreement with the Municipal District of Pincher
Creek in accordance with all the items listed in MGA Section 650(1). To ensure
compliance with the conditions in the agreement, the Municipal District of Pincher
Creek may be protected by caveat registered in favour of the Municipal District of
Pincher Creek;
(d) require financial guarantees, in the form of an off-site levy, a redevelopment levy or in
any other form and in an amount acceptable to the Municipal District of Pincher Creek,
from the applicant to secure performance of any of the conditions of a development
permit;
(e) refuse to issue a development permit for a proposed building on any parcel, where it
would otherwise be permitted by the bylaw, in the case where Section 18.1 has not
been met.
(f)
issue a temporary development permit where, in the opinion of the Development
Officer, the proposed use is of a temporary nature;
(g) update the file if the development has changed yet still conforms with the provisions
of this bylaw;
(h) apply required setbacks from future road rights-of-way;
(i) any measures to ensure compliance with applicable federal, provincial and/or other
municipal legislation and approvals;
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(j) a geotechnical report to confirm that the site is suitable in terms of topography, soil
characteristics, flooding, mass wasting, avalanche, and treatment of sanitary sewage;
(k) an alteration of a structure or building size or location to ensure any setback
requirements of this Land Use Bylaw or the Matters Relating to Subdivision and
Development Regulation can be met;
(l) any measures to ensure compliance with the requirements of this Land Use Bylaw or
any other statutory plan adopted by the MD;
(m) require attenuation of external release of any Hazardous or Offensive Industry as
defined in this bylaw;
(n) require lots to be consolidated where a development proposes to be located across
property lines.
18.3
Notwithstanding Section 18.2, in the case of new construction, the Development Officer
may require, as a condition of approval, that a Real Property Report, signed by an Alberta
Land Surveyor, be submitted by the owner/developer prior to the construction of the
building foundation, or siting in the case of mobile and/or portable units on permanent
foundations, and prior to commencement of framing or further structural construction to
ensure that the building(s) is (are) sited according to the provisions of the development
permit and this bylaw.
18.4
Upon receipt of a completed application for a development permit for a permitted use, the
Development Officer may refer to the Municipal Planning Commission those applications
for development specified in the list of permitted uses that, in the opinion of the
Development Officer, should be decided by the Municipal Planning Commission.
18.5
Where development permit applications for permitted uses are referred to the Municipal
Planning Commission pursuant to Section 18.4, the Municipal Planning Commission shall
be subject to the same provisions that apply and are available to the Development Officer
as prescribed in Section 18.1 and 18.2.
DISCRETIONARY USE APPLICATIONS
18.6
Upon receipt of a completed application for a development permit for a discretionary use,
the Development Officer shall review the application, issue a written notice to affected land
owners as prescribed by Municipal Policy, and refer the application with the Development
Officer's recommendations to the Municipal Planning Commission for decision.
18.7
The Municipal Planning Commission may, prior to making a decision, refer any application
for a discretionary use to any municipal department or external agency for comment or hold
a public meeting to present the application to affected persons.
18.8
The Municipal Planning Commission shall approve, with or without conditions, or refuse
the application, giving reasons for the refusal.
18.9
The Municipal Planning Commission may place any of the conditions stipulated in Section
18.1 and 18.2 on a development permit for a discretionary use in any land use district, in
addition to any other conditions necessary to ensure the quality, suitability and compatibility
of a development with other existing and approved uses in the area, or to achieve a logical
land use planning objective.
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18.10
At the request of the applicant, where a use is applied for which is not specifically
considered in any land use district, but is similar in character and purpose to another use
that is permitted or discretionary in the land use district in which such use is proposed, the
following process shall apply:
(a) the matter shall be referred by the Development Officer to the Municipal Planning
Commission;
(b) the Municipal Planning Commission shall determine and make a ruling on the
proposed use as to its similarity to a permitted or discretionary use in the district;
(c) if the use is deemed similar, the proposed use shall be reviewed by the Municipal
Planning Commission as a discretionary use for that land use district;
(d) given the above, if the application is approved by the Municipal Planning Commission
a development permit shall be issued in accordance with Section 21.
18.11
The Municipal Planning Commission may refuse, or approve with conditions, any
development if, in the opinion of the Municipal Planning Commission, the proposed
development will detract from the character or appearance of the general development in
the area.
DIRECT CONTROL DISTRICT APPLICATIONS
18.12
Upon receipt of a completed application for a development permit in a Direct Control
District, the Development Officer shall:
(a) refer the application to Council for a decision, except where the decision making
authority has been delegated to the Municipal Planning Commission or the
Development Officer; and
(b) notify adjacent landowners and other persons likely to be affected in accordance with
Section 19.
(c) where the application is referred to Council ensure the notice indicates that public
response may be presented in the form of written letter or verbal presentation at the
meeting;
(d) where the application is delegated to the Development Authority that the responses
be received in accordance with Section 19.
18.13
After considering any response to notifications issued under Section 19, Council or the
delegated decision making authority may:
(a) approve a development permit with or without conditions; or
(b) refuse to approve the development permit, stating reasons.
18.14
In accordance with Section 685(4)(a) of the Act, there is no appeal to the Subdivision and
Development Appeal Board for a decision on an application for a development permit in a
Direct Control District where Council has not subdelegated any part of the decision process
to the Development Authority.
VARIANCE PROVISIONS
18.15
Notwithstanding Sections 18.1 through 18.5 the Development Officer may, in deciding
upon an application for a permitted use, allow a variance:
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(a) up to 10 percent, on setback distances pertaining to yards or public roadways
provided such variance does not unduly interfere with the amenities of the
neighbourhood or materially interfere with or affect the use, enjoyment or value of
neighbouring parcels;
(b) up to 20 percent on parking provisions;
(c) up to 10 percent, on the height of a building provided such variance does not unduly
interfere with the amenities of the neighbourhood or materially interfere with or affect
the use, enjoyment, or value of neighbouring parcels.
18.16
Notwithstanding Sections 18.1 through 18.11 the Municipal Planning Commission may
approve or conditionally approve a permitted use referred to the Municipal Planning
Commission pursuant to Sections 18.1 through 18.5 or, a discretionary use that does not
comply with this bylaw if, in the opinion of the Municipal Planning Commission, the use
complies with the following tests:
(a) the proposed development would not unduly interfere with the amenities of the
neighbourhood, or materially interfere with or affect the use, enjoyment or value of
neighbouring parcels; and
(b) the proposed development conforms to the use intended for that land or building as
described in the district within this bylaw.
18.17
The Municipal Planning Commission is authorized to exercise minor variance powers with
respect to non-conforming buildings pursuant to Section 643(5)(c) of the Act.
LIMITATIONS ON VARIANCE PROVISIONS
18.18
In approving an application for a development permit under Section 18.5 the Development
Officer or Municipal Planning Commission shall adhere to the general purpose and intent
of the appropriate land use district and to the following:
(a) a variance shall be considered only in cases of hardship (as defined) or practical
difficulties particular to the use, character, or situation of land or building which are not
generally common to other land in the same land use district;
(b) where a variance is considered that will reduce the setback from any road as defined
in the Act, the Development Authority shall consider all future road construction needs
of the municipality as well as the transportation requirements of the parcel(s) or lot(s)
affected.
ADDITIONAL PROVISIONS
18.19
The Development Officer, Municipal Planning Commission, or Council (in the case of a
development permit pursuant to a Direct Control district) may impose such conditions on
the approval of an application that are considered necessary by the Development Officer,
Municipal Planning Commission or Council to:
(a) uphold the intent and objectives of the Municipal District of Pincher Creek Municipal
Development Plan, Oldman River Reservoir Area Structure Plan, Burmis Lundbreck
Corridor Area Structure Plan or other statutory plan or land use regulation as adopted
or amended from time to time;
(b) ensure the orderly and economic development of land within the Municipal District of
Pincher Creek; or
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(c) further the vision, outcomes or strategic directions of the South Saskatchewan
Regional Plan.
18.20
Where an application for a use, which is neither a permitted, nor a discretionary use is
received by the Development Officer, the Development Officer shall refuse the application
stating reasons for the decision or, at the request of the applicant, refer the application to
the Municipal Planning Commission for consideration under Section 18.10 or Sections
18.15 through 18.18.
18.21
Any use referred to the Municipal Planning Commission pursuant to Section 18.20 above
shall be considered a discretionary use.
SECTION 19
NOTICE OF PROPOSED DEVELOPMENT
19.1
Prior to an application being considered for a discretionary use pursuant to Sections 18.10
and 18.15 through 18.21, the Development Officer may require, or the Municipal Planning
Commission may direct the Development Officer to require, one or more of the following:
(a) that a notice be posted in a conspicuous place on the parcel upon which the proposed
development is situated not less than ten (10) days prior to the date of consideration
of such an application;
(b) that a similar notice be published once in a newspaper circulating in the municipal
area;
(c) that in a hamlet, a similar notice to be sent by mail to all assessed property owners
within 30 m (98.4 ft.) or a distance as determined by the Development Authority of the
parcel and to those assessed property owners who, in the opinion of the Development
Officer, Municipal Planning Commission, may be affected, not less than ten (10) days
prior to the date of consideration of the application; and/or
(d) that in a rural area, a similar notice to be sent to all assessed property owners of
quarter sections adjacent to the development and to those assessed property owners
who, in the opinion of the Development Officer, Municipal Planning Commission, may
be affected, not less than ten (10) days prior to the date of consideration of the
application.
19.2
The notices issued pursuant to Section 19.1 shall state:
(a) the proposed use of the building or parcel;
(b) that an application respecting the proposed use will be considered by the
Development Officer, Municipal Planning Commission;
(c) that any person who objects to the proposed use of the parcel may deliver to the
Development Officer a written statement of their objections indicating:
(i)
their full name and address for service of any notice to be given to them in respect
of the objection; and
(ii) the reasons for their objections to the proposed use;
(iii) the date by which objections must be received by the Development Officer; and
(iv) the date, time and place the Development Officer or Municipal Planning
Commission will consider the application.
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19.3
When considering applications under Section 19.1 for which notices have been served, the
Development Officer or Municipal Planning Commission may afford an opportunity to any
interested person to make representation on the application and shall take into account
any such representations made when giving final consideration to the said application.
SECTION 20
NOTICE OF DECISION
20.1
All decisions on applications for a development permit shall be given in writing to the
applicant. The Development Officer will give or send a copy of the written decision, which
includes the date on which the decision was made, to the applicant on the same day the
written decision is given. For the purposes of this Section, the date on which the written
decision was given means:
(a) the date the Development Authority signs the notice of decision or development
permit; or
(b) the date the decision is posted in the newspaper, whichever occurs later.
20.2
If an application is refused or conditionally approved by the Development Officer, Municipal
Planning Commission or Council, the notice of decision shall contain the conditions
imposed as part of the approval or the reasons for the refusal.
20.3
When a decision on a development permit is made pursuant to a Direct Control district,
Council may direct the Development Officer to issue a notice of decision in accordance
with Section 20.1.
20.4
When a decision on a development permit is made, the Development Officer may
undertake or be directed to undertake by the Municipal Planning Commission or Council
as the case may be, any or all of the following:
(a) publish a notice pertaining to permitted uses in a newspaper circulating in the
municipal area or on the municipal website; and
(b) send a development permit pertaining to discretionary uses, uses deemed similar to,
and uses requesting variances.
SECTION 21
EFFECTIVE DATE OF PERMIT
21.1
The decision on a development permit application shall come into effect:
(a) if it is made by the Development Officer or Municipal Planning Commission, after the
twenty-first (21st) day after the date of the issue of the Notice of Decision by the
Development Officer or Municipal Planning Commission on the application for
development;
(b) if Council issues it with respect to a development in a Direct Control district, upon the
date of its issue; or
(c) if an appeal is made, on the date that the appeal is finally determined.
SECTION 22
DEVELOPMENT PERMIT VALIDITY
22.1
A development permit which authorizes a development does not expire:
(a) unless the permit is suspended, cancelled or issued for a temporary period of time; or
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(b) unless the development has not been completed in 2 (two) years from the date of the
issue of the permit;
(c) unless the period of validity is stated as a condition of a development permit;
(d) unless the approval was for WECS in which case Section 57 shall be referred;
(e) unless the use has ceased for 6 consecutive months.
22.2
An extension of a development permit may be granted in accordance with the following:
(a) where a discretionary use development permit has expired in accordance with Section
22.1, the Development Officer may extend the validity of the permit by six months
from the date of its expiry. Following an extension granted by the Development Officer,
all subsequent requests for extension must be forwarded to the Municipal Planning
Commission for a decision; or
(b) where a permitted use development permit has expired in accordance with Section
22.1, the Development Officer may extend the validity of the permit by six months
from the date of its expiry. Following an extension granted by the Development Officer,
all subsequent requests for extension are at the discretion of the Development Officer.
22.3
A development permit is valid only for the location for which it has been issued.
22.4
A valid development permit is transferable where the use remains unchanged and the
development is affected only by a change of ownership, tenancy, or occupancy. This
provision does not apply to a home occupation permit, which is non-transferable.
SECTION 23
FAILURE TO MAKE A DECISION - DEEMED REFUSED
23.1
In accordance with Section 684 the Act, if an application for a development permit is, at
the option of the applicant, deemed to be refused if the decision of the Development
Authority is not made within 40 days of the deemed complete application under Section
17(5)(7) unless the applicant has entered into an agreement with the Development
Authority to extend the 40-day period.
SECTION 24
REAPPLICATION FOR A DEVELOPMENT PERMIT
24.1
Subject to Section 23, if an application is refused by the Development Officer or Municipal
Planning Commission or on appeal by the Subdivision and Development Appeal Board,
another application on the same parcel and for the same or similar use, may not be
accepted by the Development Officer before the expiration of six (6) months from the date
of refusal.
24.2
If an application was refused solely because it did not comply with this bylaw or was refused
as an incomplete application under Section 17, another application on the same lot or
parcel and for the same use may be accepted by the Development Officer before the expiry
of the time period referred to in Section 24.1 provided that the subsequent application
complies with this bylaw.
24.3
If an application was approved as a permitted use and the applicant proposes to change
the development to a discretionary use, a new development permit application must be
submitted for consideration of the Municipal Planning Commission. The Municipal Planning
Commission shall on approval instruct the Development Officer to revoke the original
permit according to Section 25 of this bylaw.
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Land Use Bylaw 1349-23
24.4
If an application was approved as a discretionary use and the applicant proposes to change
the development, a new development permit application must be submitted for
consideration of the Municipal Planning Commission. The Municipal Planning Commission
shall on approval instruct the Development Officer to revoke the original permit according
to Section 25 of this bylaw.
SECTION 25
NEW INFORMATION AND SUSPENSION OF A DEVELOPMENT PERMIT
25.1
If, after a development permit has been issued the Development Authority becomes aware
that:
(a) the permit was issued in error; or
(b) the application contained a serious misrepresentation; or
(c) facts about the application or the development that were not disclosed and which
should have been disclosed at the time the application was considered have
subsequently become known;
the Development Authority that issued the permit may temporarily suspend the
development permit or revoke the permit by notice in writing to the holder of it.
SECTION 26
TEMPORARY DEVELOPMENT PERMITS
26.1
Where a proposed development is for a discretionary use, the Development Authority may
issue a temporary development permit for that development if:
(a) the proposed development is of a temporary nature; or
(b) the Development Authority wishes to ensure that the development authorized by the
permit will cease by a specified date or will not be ongoing indefinitely.
26.2
Where a proposed development is for a permitted use, the Development Authority may
issue a temporary development permit for that development if the proposed development
is defined as temporary under Part I Section 6 or Part VIII.
26.3
A temporary development permit issued pursuant to Section 26.1 or 26.2 above:
(a) may be issued for a maximum period of one (1) year or such lesser period of time as
stated in the permit unless specified under Part VIII for a period exceeding one (1)
year;
(b) may be renewed only once for a period not exceeding six (6) months from the date of
its expiry if the proposed development is of a temporary nature;
(c) may be revoked by the Development Authority at any time if in the opinion of the
Development Authority the development:
(i)
unduly interferes with amenities of the neighbourhood; or
(ii) materially interferes with or affects the use, enjoyment or value of neighbouring
parcels.
SECTION 27
DEVELOPER'S RESPONSIBILITY
27.1
The developer or applicant shall be financially responsible during construction for any
damage by the applicant, his servants, his suppliers, agents or contractors to any public or
private property.
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PART III | 15
27.2
The developer or applicant shall prevent excess soil or debris from being spilled, blown,
washed, or otherwise placed on public roadways, streets, lanes and sidewalks, and shall
not place soil or any other materials on adjacent parcels without permission in writing from
adjacent property owners.
27.3
Sections 27.1 and 27.2 may be enforced pursuant to Part VI of this bylaw. Any costs
incurred as a result of neglect to public property may be collected where financial
guarantees have been required pursuant to Section 18 and the Act.
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PART IV | 1
PART IV - SUBDIVISION APPLICATIONS
SECTION 28
SUBDIVISION APPLICATIONS
28.1
An applicant applying for subdivision shall provide the required material and information as
requested by the Subdivision Authority or its designate. A completed application shall
consist of:
(a) an official application, in the manner and form prescribed, clearly and legibly
completed with all the required information and signatures provided as requested on
the form;
(b) the applicable fees paid;
(c) an up-to-date and current copy of the Certificate of Title to the subject land;
(d) a surveyor's sketch or tentative subdivision plan with dimensions, structures, location
of private sewage disposal system, professionally prepared;
(e) provincial abandoned gas well information;
(f)
for vacant parcels, a soils analysis which indicates the ability of the proposed parcel
to be privately serviced;
(g) any such other information as may be required at the discretion of the Subdivision
Authority in order to accurately evaluate the application and determine compliance
with the land use bylaw or other government regulations. This may include but is not
limited to the provision of geotechnical information, soil analysis reports, water reports,
soil or slope stability analysis, drainage information, contours and elevations of the
land, engineering studies or reports, wetland reports, environmental impact
assessments, utility and servicing information, and/or the preparation of a conceptual
design scheme or an area structure plan may be required from the applicant prior to
a decision being rendered on a subdivision application to determine the suitability of
the land for the proposed use; and
(h) The consent to authorize the Subdivision Authority or its designate to carry out a site
inspection on the subject land as authorized in accordance with the Municipal
Government Act must also be provided on the submitted application form unless
determined not to be needed by the Subdivision Authority.
28.2
In accordance with the Municipal Government Act, the Subdivision Authority or those
authorized to act on its behalf, shall provide notification to a subdivision applicant within
the 20-day prescribed time period, on whether a submitted application is deemed complete,
or if it is determined to be deficient what information is required to be submitted by a
specified time period, by sending notification in the following manner:
(a) for an application deemed complete, the applicant shall be notified in writing as part
of the formal subdivision application circulation referral letter;
(b) for an application determined to be incomplete, written notification shall be given to
the applicant which may be in the form of a letter sent by regular mail to the applicant,
or sent by electronic means, or both, or by any other method as may be agreed to
between the applicant and Subdivision Authority;
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(c) in respect of subsection (b) for a subdivision application determined to be incomplete,
the applicant will be advised in writing as part of the Notice of Incompleteness what
the outstanding or required information items are that must be submitted by the time
specified in the notice.
28.3
Notwithstanding subsection 28.2, the applicant and Subdivision Authority may agree and
sign a time extension agreement in writing in accordance with Section 653.1(3) of the Act
to extend the 20-day decision time period to determine whether the subdivision application
and support information submitted is complete.
28.4
A determination made by the Subdivision Authority that an application is complete for
processing does not preclude the ability for the Subdivision Authority to request other
information or studies to be submitted by the applicant during the review and processing
period, prior to a decision being rendered, or as condition of subdivision approval.
SECTION 29
INCOMPLETE SUBDIVISION APPLICATIONS
29.1
The Subdivision Authority may refuse to accept and process a subdivision application
where the information required under Section 28 and/or as described in a Notification of
Incompleteness has not been submitted, is determined to be deficient, is still incomplete,
or in the opinion of the Subdivision Authority the quality of the material supplied is
inadequate to properly evaluate the application.
29.2
If the Subdivision Authority makes a determination that the application is refused due to
incompleteness, the applicant shall be notified in writing with reasons in the manner as
described in subsection 28.2.
29.3
The notification provided for in subsection 28.2(b) shall include for the applicant the
required information on the filing of an appeal and to which appeal board body the appeal
lies, either the local appeal board or provincial Land and Property Rights Tribunal, in
accordance with the parameters of the Act.
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PART V | 1
PART V - APPEAL AND AMENDMENT
SECTION 30
APPEALS AND PROCEDURES
30.1
In accordance with the Act, any person receiving a decision on a development permit or
any other person affected by any order, decision or development permit made or issued
by an approval authority, may appeal to the Subdivision and Development Appeal Board
or where applicable to the provincial Land and Property Rights Tribunal .
30.2
A fee as set by Council shall accompany each letter of appeal.
30.3
Any decisions made by Council with respect to a Direct Control district are not subject to
appeal to the Subdivision and Development Appeal Board.
30.4
In accordance with the Municipal Government Act, any land owner who applied for
subdivision and was refused an approval or had conditions attached to the approval, may
appeal the decision to the Subdivision and Development Appeal Board, or the Land and
Property Rights Tribunal (where the Matters Relating to Subdivision and Development
Regulation requires it). Adjacent or affected land owners have no right to appeal under the
Act.
30.5
A decision made under this part of the bylaw is final and binding on all parties and all
persons subject only to an appeal upon a question of jurisdiction or law pursuant to Section
688 of the Municipal Government Act.
SECTION 31
APPLICATION TO AMEND BYLAW
31.1
Subject to the Act, any Section or Part of this bylaw may be amended in accordance with
Section 31 of this bylaw.
31.2
Any person applying to have this bylaw amended shall apply in writing to the Development
Officer, using the application form provided by the Municipal District of Pincher Creek, and
request that the Development Officer submit the application to the Council.
31.3
As part of the application referred to in Section 31.2, the applicant must provide the
following information, if Council deems it applicable:
(a) reasons in support of the application;
(b) the use to be made of the land that is the subject of the application;
(c) the program of land servicing; and
(d) information as required in the Municipal Development Plan, an Area Structure Plan,
or this bylaw.
31.4
A person making an application to amend this bylaw for a purpose other than the
clarification of an existing provision of this bylaw may be required to:
(a) pay the Municipal District of Pincher Creek an application fee as set by Council;
(b) undertake in writing on a form provided by the Municipal District of Pincher Creek to
be liable for, and pay on demand, all expenses made necessary by the processing of
the proposed amendment which the Municipal District of Pincher Creek may incur,
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whether it be enacted or not, including but not limited to map printing and reproduction
costs, surveys and advertising charges; and
(c) provide, in writing, authorization and the right of entry for the Development Officer or
Development Authority to such lands or buildings as may be required for investigation
of the proposed amendment.
31.5
Upon receipt of an application to amend the Land Use Bylaw, the Development Officer
shall:
(a) initiate or carry out any necessary investigation or analysis of the problems involved
in or related to the amendment;
(b) prepare a report for the Council on the proposed amendment;
(c) submit a copy of the report and all material relevant thereto to the Council; and
(d) submit a recommendation to Council regarding persons to be notified in addition to
those required under the Act.
31.6
If it appears that the proposed amendment is one which is applicable to and for the benefit
of the Municipal District of Pincher Creek at large, or most of the persons affected in one
area, or to the entire district, then the Council may direct that the application fee be returned
to the applicant and that the Municipal District of Pincher Creek pay the expense which the
applicant has agreed to pay pursuant to the provisions of Section 31.4.
31.7
The Municipal Planning Commission may, at any time on its own motion, present for the
consideration of Council any proposed amendment to this bylaw, and the proposed
amendment shall be accompanied by a report and recommendation of the Municipal
Planning Commission and the report and recommendation of the Development Officer.
31.8
Council may, at any time, initiate an amendment to this bylaw, but prior to first reading of
any proposed amendment the proposal shall be referred to the Development Officer for
his/her report and recommendations.
31.9
Where an application for an amendment to this Bylaw has been refused by Council,
another application that is the same or similar in nature shall not be accepted until at least
12 months after the date of refusal.
31.10
Where an application has been significantly changed, Council may accept an application
prior to the end of the 12-month period specified in subsection 31.9.
31.11
Proposed amendments to this bylaw are subject to those requirements and procedures set
out in the Act regarding enactment of bylaws, Section 692 specifically.
31.12
Prior to third reading of a proposed amendment, Council may require the applicant to apply
for a development permit and negotiate a development agreement for the proposal, which
initiated said proposed amendment.
31.13
An application to amend the Land Use Bylaw to allow for a proposed use may be
considered even if the proposed use is prohibited in the current land use district.
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PART V | 3
RESCINDING LAND USE REDESIGNATIONS
31.14 Council may rescind an amending bylaw redesignating certain lands within the municipality
to accommodate a proposed subdivision and/or development. Council may rescind the
redesignation bylaw and rezone the lands back to their original designation if:
(a) the proposed subdivision has not been applied for, decided upon or extended; and/or
(b) the proposed development has not been applied for, decided upon, commenced or
extended after 24 months of the date the redesignation bylaw receiving third and final
reading
(c) the provincial licence. permit, approval, or other authorization has expired and/or the
provincial act or regulation governing an aspect of the approval has changed in a
manner that would affect the ability to approve the development or subdivision under
the current rules.
31.15 The rescinding of the redesignation bylaw shall be undertaken in accordance with
Section 191 of the Municipal Government Act
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Land Use Bylaw 1349-23
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Land Use Bylaw 1349-23
PART VI | 1
PART VI - ENFORCEMENT
SECTION 32
STOP ORDERS AND OFFENCES
32.1
Where a Development Authority finds that a development or use of land or buildings is not
in accordance with:
(a) Part 17, or the regulations under Part 17 of the Municipal Government Act; or
(b) a development permit or subdivision approval; or
(c) the land use bylaw;
the Development Authority may, by notice in writing, order the owner, the person in
possession of the land or buildings, or the person responsible for the contravention, or all
or any of them to:
(i)
stop the development or use of the land or buildings in whole or in part as directed
by the notice;
(ii) demolish, remove or replace the development;
(iii) carry out any other actions required by the notice so that the development or use
of the land or building complies with this Part, the Land Use Bylaw or regulations
under Part 17 of the Act, a development permit or a subdivision approval.
32.2
Where an order is issued under Section 32.1, the order shall state the following and any
other information considered necessary by the Development Officer:
(a) an explanation of the contravention, and a statement indicating under which
provisions of this bylaw or the Act the order is being carried out;
(b) the alternative and processes which the person responsible for the contravention may
pursue in order to correct the contravention;
(c) a time frame in which the contravention must be corrected prior to the Municipal
District of Pincher Creek No. 9 pursuing action; and
(d) advise the person of his right to appeal the notice to the Subdivision and Development
Appeal Board in accordance with Section 685 of the Act.
32.3
Where a person fails or refuses to comply with an order directed to him under Section 32.1
or an order of the Subdivision or Development Appeal Board under Section 687 of the Act
within the time specified, the municipality may, in accordance with the Act, enter upon the
land or building and take such action as is necessary to carry out the order.
32.4
Where the Council or a person appointed by it carries out an order, the Council may cause
the costs and expenses incurred in carrying out the order to be placed on the tax roll as an
additional tax against the property concerned and that amount shall be collected in the
same manner as taxes on land.
32.5
This bylaw may be enforced, and the contravention of any provisions contained herein
restrained, by the Court of King's Bench of Alberta upon action brought by Council, whether
or not any penalty has been imposed for the contravention.
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Land Use Bylaw 1349-23
32.6
A person who:
(a) contravenes any provision of Part 17 or the regulations under Part 17 of the Act;
(b) contravenes this bylaw;
(c) contravenes an order under Section 32 of this bylaw and/or Section 645 of the Act;
(d) contravenes a development permit or subdivision approval or a condition attached
thereto; and/or
(e) obstructs or hinders any person in the exercise or performance of this powers or duties
under this Act, the regulations under the Act or this bylaw;
is guilty of an offence and is liable to a fine as prescribed in the Act.
32.7
If a person is found guilty of an offence under this bylaw, (Section 557 of the Act) the court
may, in addition to any other penalty imposed, order the person to comply with:
(a) the Act and the regulations of the Act;
(b) this bylaw;
(c) an order under Section 32 of this bylaw and/or Section 645 of the Act; and/or
(d) a development permit or subdivision approval or any conditions attached to a
development permit or subdivision approval.
32.8
Any written notice, or order, or decision that is required under any provision of this bylaw
to be provided to any person shall be deemed to have been so provided if it is:
(a) delivered personally to the person or their agent it is directed to; or
(b) mailed by registered mail to the last known address of the person it is directed to; or
(c) left with an agent or employee at the last known address of the person to whom it is
directed.
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Land Use Bylaw 1349-23
PART VII | 1
PART VII - GENERAL PARCEL PROVISIONS
SECTION 33
APPLICATION
33.1
The provisions of this Part apply to all districts unless otherwise stated.
SECTION 34
ACCESS TO PUBLIC ROADWAYS
34.1
Where both legal and physical vehicular access are not provided to a parcel or a lot, or
where legal and physical vehicular access are not congruent, access shall be provided in
one of the following manners (in order of preference):
(a) a public roadway should be developed as per municipal policy;
(b) direct access to a public roadway should be provided via subdivision or registered
road plan;
(c) indirect access to a public roadway via a legal easement, which will be considered
only as a last option.
34.2
In accordance with the MD of Pincher Creek Development and Engineering Standards,
vehicular exits and entrances to a parcel or lot require the approval of the municipality, but
all vehicular exits and entrances to a parcel or lot:
(a) in a hamlet must be located at least 6 m (19.7 ft.) from the intersection of any two
public roadways, excluding lanes;
(b) be to the satisfaction of the municipality in all other cases; and
(c) No access for vehicles will be permitted from a municipal roadway where, in the
opinion of the municipality, there would be an excessive number of access points onto
a roadway.
SECTION 35
DEVELOPMENT ON HAZARDOUS LANDS
SLOPES
35.1
For the purposes of this Section, "top of the bank" is as determined by the Development
Officer in consultation with Alberta Environment or a qualified professional of The
Association of Professional Engineers and Geoscientists of Alberta (APEGA).
35.2
Notwithstanding the yard requirements prescribed in the land use districts, no permanent
building shall be permitted within 6 m (19.7 ft.) of the top of the bank of any water body and
no development shall be permitted within 6 m (19.7 ft.) of the top or bottom of an
escarpment or slope where the grade is 15 percent or greater.
35.3
The Development Officer, if permitted use, or Municipal Planning Commission, if
discretionary use, may require a greater setback than is prescribed in Section 35.2 above.
35.4
Notwithstanding that a proposed development conforms in all aspects with this bylaw,
including Sections 35.2 and 35.3, where the application is for development on lands that
are, or may be, subject to subsidence or mass wasting, the Development Officer or
Municipal Planning Commission shall not issue a development permit unless the applicant
can demonstrate, by means of an engineering report, bearing the seal and signature of a
Municipal District of Pincher Creek No. 9
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Land Use Bylaw 1349-23
professional engineer of The Association of Professional Engineers and Geoscientists of
Alberta (APEGA), that preventative engineering and construction measures can be
instituted to make the parcel suitable for the proposed development.
35.5
Further to Section 35.2, the Development Officer or Municipal Planning Commission may,
at their discretion, require that a professional engineer of The Association of Professional
Engineers and Geoscientists of Alberta (APEGA) design the development site and
buildings.
35.6
Subject to Section 35.2 and 35.3, the Development Officer or Municipal Planning
Commission may, at their discretion, reduce the setback requirements established
pursuant to Sections 35.2 or 35.3, if the applicant provides satisfactory proof of bank
stability.
35.7
Notwithstanding any other provisions of this bylaw, a permitted use for a site that is located
adjacent to an area deemed to be a "steep slope" or within the 1:100 flood risk area shall
be forwarded to the MPC for consideration.
FLOOD PLAIN
35.8
New development within the flood risk area shall be strongly discouraged, however should
the Municipal Planning Commission consider it appropriate, a development may be allowed
subject to the following requirements:
(a) development shall be restricted to non-residential buildings or structures that can be
adequately protected to minimize potential flood damage;
(b) the first floor and mechanical and electrical installations within any structures or
buildings shall be a minimum of 0.5 m (1.6 ft.) above the 1:100 year flood elevation
level.
35.9
Buildings shall have no "finished" floor space developed below the 1:100 year flood
elevation.
35.10
The applicant must provide information on the grade elevations of the proposed building
site, the building, as well as the building openings and mechanical or electrical equipment
all referenced in geodetic elevations.
35.11
Before a development permit is issued, the Development Officer may require that the
applicant provide a certificate containing the seal and signature of a Professional Engineer
of The Association of Professional Engineers and Geoscientists of Alberta (APEGA) or
registered Architect of The Alberta Association of Architects indicating that the
requirements listed above have been met and that the building or structure is adequately
protected against flood damage to the 1:100 year flood elevation.
35.12
The Development Officer or Municipal Planning Commission may consult with Alberta
Environment or other appropriate organization or individual to assist in determining high-
water marks, flood risk area, banks and the level of a lake, dam, river or other waterway
taking into account 1:100 water levels, wind set-up and wave run-up.
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Land Use Bylaw 1349-23
PART VII | 3
35.13
If an existing parcel is contained within a 1:100 year flood plain, in whole or in part, so that
the parcel has no developable area, any residential building or principal building on that
parcel must satisfy the provisions of Section 35.11.
35.14
Where flood plain/slope information is not available but the Development Authority believes
that lands may be subject to flooding, the Authority may require that development requiring
a development permit be set back such distance as the Authority considers reasonable
and appropriate to minimize the risk of flooding.
35.15
Development requiring a development permit may be set back at least 20 m (65.6 ft.) from
a naturally occurring watercourse unless an engineering study, as required by Section
35.11, is provided.
AVALANCHE
35.16
Before a development permit is issued, the Development Officer may require that the
applicant provide a certificate containing the seal and signature of a Professional Engineer
of The Association of Professional Engineers and Geoscientists of Alberta (APEGA) or
registered Architect of The Alberta Association of Architects indicating that the building or
structure is adequately protected against avalanche.
SECTION 36
ACCESSORY BUILDINGS
36.1
Accessory buildings must be:
(a) separate and subordinate to the principal building or use; and
(b) associated with an existing principal building or use on the same parcel or lot.
36.2
Unless specified in a district, an accessory building must not exceed 7.5 m (24.6 ft.) in
height.
SECTION 37
ACCESSORY STRUCTURES
FENCES AND GATES
37.1
Fences and gates within residential districts in designated hamlets and in the Grouped
Country Residential district shall, unless otherwise required by the Development Authority:
(a) not exceed 1 m (3.3 ft.) in height in the principal front yard on a corner or interior lot;
(b) not exceed 2 m (6.6 ft.) in height in a secondary front yard on a corner lot;
(c) not exceed 2 m (6.6 ft.) in height in a side or rear yard.
37.2
Fences and gates within commercial and industrial districts shall not exceed 2 m (6.6 ft.).
37.3
The location of fences in all districts shall comply with the provisions of Section 38.
37.4
The design, character and appearance of all fences within designated hamlets and country
residential subdivisions must be to the satisfaction of the Development Authority.
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Land Use Bylaw 1349-23
37.5
In instances where public parking lots and open spaces are adjacent to railway property, a
1.83 m (6.0 ft.) high chain link fence shall be constructed and maintained along the common
property line of the railway and the development at the developer's expense. The
developer is also to include a covenant running with the lands, in all deeds, obliging the
purchasers of the land to maintain the fence in satisfactory condition at their expense.
SATELLITE DISHES, COMMUNICATIONS TOWERS AND DOMESTIC PROPANE STORAGE TANKS
37.6
Sections 37.6 through 37.8 inclusive do not apply to public or commercial broadcasting
facilities which are under the jurisdiction of Innovation, Science and Economic
Development (ISED) Canada (see Section 60).
37.7
In a designated hamlet or within an area designated for country residential use, domestic
propane storage tanks, satellite dishes (greater than 1 m), and radio, television or other
communications towers for personal use must be located in a rear yard, but the Municipal
Planning Commission may approve a location in a front yard where the Commission is
satisfied that a rear or side yard location is impractical or impossible.
37.8
The Development Authority may require that a domestic propane storage tank or a satellite
dish be screened to its satisfaction.
SECTION 38
SIGHT TRIANGLE
38.1
In the case of corner parcels in all land use districts within designated hamlets, regardless
of whether or not a corner cut has been taken:
(a) there shall be no obstruction of the 6.0m (19.7 ft.) sight triangle by fencing or other
screening, including landscaping as illustrated by dimension A in Figure 4;
(b) in the case of laneways, there shall be no obstruction of the 3.0 m (9.8 ft.) sight triangle
as illustrated by dimension B in Figure 4.
38.2
In the case of rural roads, the sight triangle shall be 91.4 m (300 ft.) from the point where
the roadways intersect as illustrated by dimension C in Figure 4.
38.3
In the case of internal roads within a Grouped Country Residential district, the sight triangle
shall be 15.0 m (49.2 ft.) from the point where the roadways intersect as illustrated by
dimension D in Figure 4.
38.4
The construction of fences within the sight triangle within districts other than Hamlet
districts may be allowed provided the fence does not restrict sight lines along public roads,
and no material shall be stored so as to restrict sight lines.
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Land Use Bylaw 1349-23
PART VII | 5
Figure 4
SECTION 39
SETBACKS ON CORNER LOTS
39.1
In the case of a corner lot in a hamlet or grouped country district, one frontage will be
determined to be the front yard and the other will be the Front Yard (Secondary) and have
a frontage of one-half the applicable distance for the front yard or as described in the
district.
SECTION 40
DESIGNATED HAMLETS
40.1
Designated hamlets shall be those areas locally known as "Twin Butte", "Lowland Heights",
"Beaver Mines", "Pincher Station", and "Lundbreck", these areas which are detailed in the
appropriate maps contained in Appendix A.
SECTION 41
DESIGN CHARACTER AND APPEARANCE OF BUILDINGS
41.1
Regardless of whether the proposed use of a building is permitted or discretionary in the
district in which the building is proposed to be located, the design, character and
appearance of buildings must:
(a) be of acceptable quality to the satisfaction of the Development Authority taking into
account the location of the proposed building;
(b) be consistent with the intent of the district in which the building is located to the
satisfaction of the Development Authority; and
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Land Use Bylaw 1349-23
(c) take into account and be consistent with other buildings existing in the vicinity to the
satisfaction of the Development Authority.
41.2
Any building constructed on screw piles or other open foundation structure shall be
enclosed the foundation with materials acceptable to the Development Authority within 90
days of occupancy.
SECTION 42
DWELLING UNITS ON A PARCEL
42.1
Except as provided for in Sections 42.2 through 42.5 below, not more than one dwelling
unit may be located on a parcel.
42.2
More than one dwelling unit may be allowed on a parcel if:
(a) the dwelling unit is a manufactured home and is located in a manufactured home park;
(b) the dwelling unit is contained in a building which is designed for or divided into two or
more dwelling units;
(c) the parcel is located in a district which expressly allows uses that contain more than
one dwelling unit on a parcel;
(d) the construction or location of the second dwelling unit is on a parcel that has an area
greater than 32.4 ha (80 acres).
42.3
One or more additional dwelling units may be located on a parcel provided that:
(a) all such dwelling units are secondary farm residences on a parcel that has an area
greater than 32.4 ha (80 acres) and this use is a permitted or discretionary use in the
applicable district; and
(b) all such dwelling units comply with this bylaw.
42.4
If a Certificate of Title describes a parcel containing two or more quarter sections or portions
thereof, each one of the quarter sections will be considered a parcel for the purposes of
the provisions under this Section.
SECTION 43
LANDS AFFECTED BY THE OLDMAN RIVER RESERVOIR AREA STRUCTURE PLAN
43.1
All development permits which are issued on lands that are subject to the Oldman River
Reservoir Area Structure Plan must be subject to the following informative or, the
informative authorized by Alberta Environment to replace the following:
The applicant is hereby advised that:
-
no development, buildings or structures are allowed on any public lands
without the express written permission of the agency or department
administering the lands;
-
no development, buildings or structures are allowed below the Crown Land
boundary of the Oldman River Reservoir unless the applicant has entered
into a Use of Works Agreement with Alberta Environment;
-
no person shall pump, divert or use water from the Oldman River
Reservoir without the express written approval of Alberta Environment.
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Land Use Bylaw 1349-23
PART VII | 7
SECTION 44
SETBACKS FROM SOUR GAS FACILITIES
44.1
A residence, rural public facility or country residential development shall be set back such
distance from a sour gas facility as the Municipal Planning Commission considers
reasonable and appropriate, having regard to:
(a) current regulations and any comments of the Alberta Energy Regulator and the owner
of the sour gas facility; and
(b) the minimum separation distances contained in the districts of this bylaw.
44.2
The Development Officer or the Municipal Planning Commission shall solicit and consider
the comments of the Alberta Energy Regulator and the owner of the sour gas facility if a
development application:
(a) proposes to locate a residence or a rural public facility within 100 m (328 ft.) of a level
1 sour gas facility, unless the facility is a pipeline;
(b) proposes to locate a residence within 100 m (328 ft.) of a level 2 sour gas facility;
(c) proposes to locate a rural public facility within 500 m (1640 ft.) of a level 2 sour gas
facility;
(d) proposes to locate a residence within 100 m (328 ft.) of a level 3 or 4 sour gas facility;
(e) would result in unrestricted country development, namely, more than eight dwellings
per quarter section within 500 m (1640 ft.) of a level 3 or a level 4 sour gas facility; or
(f)
proposes to locate a rural public facility within 1.5 km (0.9 miles) of a level 3 or a level
4 sour gas facility.
SECTION 45
MAJOR POWERLINES AND PIPELINES
45.1
The distance, which any development requiring a development permit shall be set back
from a major powerline or pipeline, shall be 100 m (328 ft.), unless the pipeline is a sour
gas facility, in which case Section 44.2 above applies.
SECTION 46
LANDSCAPING
46.1
Prior to deeming a development application complete, the Development authority may
require the applicant to submit a landscaping plan to the satisfaction of the development
authority.
46.2
As a condition of issuing a development permit, the Development Officer or the Municipal
Planning Commission may require:
(a) that a lot or parcel or any portion thereof shall be landscaped and/or screened to the
satisfaction of the Development Officer or the Municipal Planning Commission;
(b) that any landscaping shall be completed within a period of time as specified in a
development permit; and
(c) that the applicant provide financial security or guarantee in accordance with Section
18 to ensure that the matters referred to in 46.2(a) and 46.2(b) above are carried out.
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PART VIII | 1
PART VIII - SPECIAL LAND USE PROVISIONS
SECTION 47
HOME OCCUPATIONS
GENERAL PROVISIONS - ALL DISTRICTS
47.1
A home occupation shall be operated as a secondary use only and shall not change the
principal character or external appearance of the dwelling or building in which it is located.
47.2
A home occupation should not be permitted if, in the opinion of the Development Officer or
Municipal Planning Commission, it would be more appropriately located in a commercial
or industrial land use district.
47.3
A home occupation shall not, in the opinion of the Development Officer or Municipal
Planning Commission, be a source of inconvenience, materially interfere with or affect the
use, enjoyment or value of any neighbouring parcel by way of excessive noise, smoke,
steam, odour, dust, vibration or refuse matter which would not be commonly found in the
neighbourhood.
47.4
There shall be no mechanical or electrical equipment used which creates visual, audible
or electrical interference in radio or television reception.
47.5
Persons employed as part of the home occupation shall be limited to the residents of the
dwelling unit plus up to two (2) other employees unless otherwise determined by the
Municipal Planning Commission.
47.6
A home occupation shall not generate an unacceptable level of pedestrian traffic or parking
shortage in excess of that which is characteristic of the land use district in which it is
located.
47.7
Materials shall be stored so as not to be visible from a roadway or adjacent property.
ADDITIONAL PROVISIONS DESIGNATED HAMLETS AND COUNTRY RESIDENTIAL
47.8
No advertisement or sign visible from the exterior of the dwelling shall be permitted as part
of the home occupation other than that provided for under Section 47.9 and 47.10.
47.9
Within a designated hamlet, it is permissible to have one non-illuminated fascia sign or
nameplate to identify the home occupation not greater than an area of 0.5 m2 (5.4 ft2)
placed within or flat against the dwelling unit or any accessory building.
47.10
Within a country residential district, it is permissible to have one non-illuminated fascia sign
or nameplate to identify the home occupation not greater than an area of 1 m2 (10.8 ft2)
placed within or flat against the dwelling unit, accessory building, or as a freestanding sign.
47.11
A home occupation within hamlets and country residential areas shall not involve the
exterior manufacturing or repair of goods.
47.12
A home occupation permit does not exempt compliance with health regulations or any other
municipal or provincial regulations.
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TOURIST HOME
47.13 Tourist Homes are prohibited in residential districts except where they are expressly listed
as a discretionary use.
47.14
Excepting the Agriculture- A district, Tourist Homes are only allowed on parcels of land that
contain one (1) dwelling unit. Development with more than one dwelling unit shall look to
the definition of 'Country Inn', or the Rural Recreation districts for development potential.
47.15
Within the Agriculture - A district, a tourist home may be considered on properties that
have a principal dwelling and may have a secondary suite, a secondary farm residence,
and/or a maximum of two (2) supplemental recreation vehicle spaces.
47.16 Tourist Homes that are prohibited or are found to be operating without a valid development
permit are subject to the imposition of fines/penalties by the municipality in accordance
with the fee schedule or other applicable bylaw.
47.17
The advertising or management of a dwelling unit as a Tourist Home, short-term rental,
tourist accommodation or vacation rental on social media, the internet or on vacation rental
websites, such as but not limited to Airbnb, VRBO, or where the intent is for the occupant
to stay for short-term visiting or vacation purposes rather than use the property as a
permanent residence, is considered a Tourist Home.
47.18
The number of rental units or bedrooms in the Tourist Home and the maximum occupancy
of the dwelling shall be stated on the application form and included as a condition of
approval in the development permit. The Development Authority may limit the number of
rental units and/or the maximum occupancy of a Tourist Home on a case-by-case basis.
47.19 Where approved, Tourist Homes shall be developed and operated in accordance with the
following regulations in order to ensure that the impacts of this commercial use do not
unduly affect the amenities of the residential neighbourhood or rural area in which they are
located:
(a) The maximum number of bedrooms in a dwelling unit used for a Tourist Homes shall
be four, with maximum of eight ('pillows') guests.
(b) Tourist Homes require a development permit. A permit may be revoked at any time
if, in the opinion of a designated officer, the operator has violated any provision of this
bylaw or the conditions of a permit.
(c) One hard surfaced, on-site parking stall per bedroom shall be provided and parking
stalls shall not be tandem. The Development Authority shall not approve any variance
to the off-street parking standard for a Tourist Home.
(d) The exterior appearance of a dwelling approved as a Tourist Home shall not be
altered, renovated, or changed to make the residential dwelling significantly stand-out
or be readily recognized or identified as a commercial accommodation rental unit
except where limited signage may be approved as provided for in this bylaw.
(e) Tourist Homes shall not interfere with the rights of other neighbours and residents to
quiet enjoyment of a residential neighbourhood or rural area.
(f)
The Development Authority may place conditions on a development permit to address
or mitigate concerns with compatibility to the neighbourhood/rural area or to ensure
the standards of this bylaw are being met.
(g) The Development Authority may refuse to approve a development permit for a Tourist
Home if they determine there are other pre-existing Tourist Homes established in the
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PART VIII | 3
vicinity or neighborhood/rural area and additional such use would negatively affect the
neighborhood/rural area, cause traffic or parking concerns, or interfere with the
residents right to peaceful enjoyment of their property.
(h) The Development Authority may, where an existing secondary suite is being proposed
as a Tourist home, require that a building inspection be conducted, and the results
submitted with the application.
(i)
The Development Authority shall circulate all applications to Alberta Health Services
that intend on providing food service to guests.
47.20
In reviewing an application for a Tourist Home, the Municipal Planning Commission shall,
among other factors, consider:
(a) the size of the parcel;
(b) the impact of the proposed use on the existing water and sewer systems;
(c) side yard setbacks in relation to adjacent land uses;
(d) potential traffic generation, and parking requirements;
(e) buffering or other techniques design to limit any interference with other uses or the
peaceful enjoyment of neighbouring parcel and consistency with other development
in the surrounding area/land use districts in terms of nature and intensity of use.
47.21 The owner/operator of the Tourist Home shall:
(a) keep and maintain, or have kept and maintained by a company or individual identified
in the development permit application, a guest record/register that shall be reasonably
available for inspection by designated officer;
(b) provide personal contact information to the designated officer that is kept accurate
and up to date during the duration of the active operation of the dwelling as a Tourist
Home;
(c) provide and maintain the on-site parking required;
(d) not display any form of advertising related to the Tourist home except as provided for
in this bylaw and until after a development permit is issued;
(e) ensure that all parts of the dwelling conform to the National Building Code - Alberta
Edition; and
(f)
be responsible for complying with Alberta Government requirements relating to the
provincial tourism levy on accommodation.
SECTION 48
COMMERCIAL / PRIVATE RECREATION USES
DEFINITIONS
For the purpose of this Section, the following definitions apply:
48.1
Bathroom Facility: an accessory building that includes any or all of the following:
(a) bath facilities,
(b) shower facilities,
(c) washroom facilities,
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(d) toilet facilities.
48.2
Laundry Facility: an accessory building that provides for the washing and/or drying of
clothes or other laundry.
48.3
Camp Kitchen: an accessory, un-insulated building intended to provide temporary shelter
solely for the purpose of preparing or eating food.
COUNTRY INN
48.4
A country inn shall be operated as a secondary use to the principal development and shall
not change the principal character of the area in which it is located.
48.5
Only one country inn shall be allowed on a given parcel or lot.
48.6
In reviewing an application for a country inn, the Municipal Planning Commission shall,
among other factors, consider:
(a) the size of the parcel;
(b) the impact of the proposed use on the existing water and sewer systems;
(c) side yard setbacks in relation to adjacent land uses;
(d) potential traffic generation, and parking requirements;
(e) buffering or other techniques design to limit any interference with other uses or the
peaceful enjoyment of neighbouring parcel and consistency with other development
in the surrounding area/land use districts in terms of nature and intensity of use;
(f) any recommendations or requirements from Alberta Health Services.
48.7
Applications which propose to establish or enlarge a country inn which provides, or intends
to provide, services to recreational vehicles shall be evaluated with respect to Alberta
Economic Development and Tourism's Minimum Standards for Approved Campgrounds
and Trailer Parks or its replacement document.
48.8
Eating and cooking shelters and sleeping units may be allowed as supplementary
developments to country inns.
48.9
Laundry facilities, retail store, public assembly uses and other similar accessory uses shall
remain accessory to the country inn. Should these uses become disproportionate, the
Municipal Planning Commission may consider the use to be a hotel / motel.
48.10
Unless otherwise approved by the Municipal Planning Commission, country inns should
not be occupied for more than 30 consecutive days by the same recreational unit.
RECREATIONAL ACCOMMODATION
Recreational Accommodation, Family On Vacant Property
'Recreational Accommodation, Family' on any vacant property within the Agriculture - A, Airport
Vicinity Protection - AVP, Wind Farm Industrial - WFI districts, including but not limited to a
vacant lot, parcel, or quarter section, is allowed without a permit only when the requirements
under Sections 48.13 through 48.21 are complied with and the following requirements are met:
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48.11 The number of recreational units per lot, parcel, or quarter section allowed is as follows:
Parcel Size (acres)
Number of Recreational Units Allowed
< 1 to 20
*2
> 20 to 1 quarter section or greater
*4
* A recreational unit is defined as any tent, 'Recreational Vehicle/Holiday Trailer', or similar recreational non-
permanent accommodation.
48.12
The number of 'Recreational Accommodation, Family' units per lot, parcel, or quarter
section allowed is as listed in Table above under Section 48.11. Where a proposal exceeds
the recreational units allowed, a development permit is required under the 'Recreational
Accommodation, Family limited' use and the requirements under Sections 48.13 through
48.21 shall be met.
48.13
No permanent or temporary buildings or structures are allowed in conjunction with the
recreational pursuits on vacant property. Where permanent or temporary buildings or
structures are desired a development permit is required under the 'Recreational
Accommodation, Family limited' use.
48.14 Recreational and other vehicles, camp trailers, and 5th wheels must have current
registration and be in an operable, road-worthy condition.
48.15 Trash must be managed on-site and removed from the site regularly during recreational
accommodation activities and upon discontinuance of the use.
48.16 The lot, parcel, or quarter section on which recreational accommodation occurs must be
maintained in a safe, clean and sanitary manner, and must not be a nuisance or create
adverse impacts to surrounding property, land or land uses.
48.17 The property access (approach) must be approved by MD. The property address must be
visible from the road.
48.18 Compliance with all minimum setbacks for the zone district must be met. Additional
setbacks may be applied by the development authority to maintain the quiet amenity of
neighboring properties.
48.19 Sewage must be disposed of at an off-site sani-dump facility or portable toilet properly
disposed of off-site.
48.20 Recreational accommodation on vacant land by persons other than the property owner
and/or their invited, non-paying guests is prohibited. All recreational accommodation by
persons other than the property owner must have written proof of permission of the
property owner, including the owner's name, address, and phone number.
48.21
Storage of Recreational and other vehicles, camp trailers, and 5th wheels in off-season
periods is strictly prohibited.
Recreational Accommodation, Family On Improved Properties
48.22
The number of 'Recreational Accommodation, Family' units per lot, parcel, or quarter
section allowed is as listed in Table above under Section 48.11. Where a proposal exceeds
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the recreational units allowed, a development permit is required under the 'Recreational
Accommodation, Family limited' use.
48.23 Property owners who have improved their property to include a permanent residence with
a permanent water supply and wastewater treatment system may allow non- paying guests
and family members to stay on their property without a 'Recreational Accommodation,
Family limited' permit as long as there is no commercial activity associated with the
recreational accommodation.
48.24
Recreational Accommodation on improved property may be seasonal with an additional 14
days for winter activity.
48.25
Storage of 'Recreational Vehicle/Holiday Trailer' on improved lots is not included in the
recreational accommodation time restriction. Storage of 'Recreational Vehicle/Holiday
Trailer' is limited to 3 units per improved property.
48.26
Compliance with all minimum setbacks for the land use district must be met.
Recreational Accommodation, Commercial Highway Or Commercial Resort
REQUIREMENTS FOR REDESIGNATION
48.27
Prior to redesignation to Rural Recreation 1 or Rural Recreation 2, the proponent shall
conduct an open house with all adjacent property owners and all residences along the
access road(s), as determined by the Development Officer, to the proposed development
site.
48.28
Prior to redesignation or the creation of a new development or expansion of existing
development, an area structure plan or concept plan may be required depending on the
size of the development or its potential impacts. This plan should include but is not limited
to the following:
(a) site plans and drawings - although professional plan preparation is preferable, the
diagrams may be accepted if they are clear and accurate and include the required
setbacks as described in the district in relation to all proposed development;
(b) compliance with all local and provincial policies or requirements including but is not
limited to Stepping Back from the Water, National Building Code - Alberta Edition, the
Recreation Area Regulation, Bear Smart, FireSmart, and the Public Lands Act;
(c) identification of other hazards such as flood or mass wasting prone lands or
environmentally sensitive areas, including historic and other resources;
(d) sewer system - which will be determined using the soils data provided in
accordance with the Alberta Private Sewage Systems: Standard of Practice.
Pump out systems are preferred adjacent to water bodies;
(e) domestic water - these systems will be to the satisfaction of the approval authority
and in compliance with the Water Act;
(f)
roadways and access points - including the standards for construction and signage
both on-site and off-site;
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(g) provision for other utilities and services - including comments from the appropriate
supplier;
(h) stormwater surface drainage control - which is required to protect water bodies
and adjacent parcels;
(i) development concept - including lot density, permanent vs non-permanent buildings,
how the proposal minimizes its development footprint and preserves agricultural land,
and land tenure;
(j) analysis of impact on adjacent property or structures including a locational plan that
includes distances to all other development and the location and number of
residences along the access road(s), as determined by the Development Officer, to
the proposed development site.
(k) landscaping and appearance; and
(l) any other information that Council or the development officer may consider
necessary.
48.29
An emergency response plan outlining fire and medical procedures shall be submitted to
the municipality as part of the requirements of Section 48.12 and as a condition of the
development permit. Acceptance of the plan will be at the sole discretion of the
Municipality.
48.30
Proposals for recreational accommodation, commercial shall provide the intention for
duration of stay as part of the requirements of 48.12 and as part of the development
application process.
48.31
Recreational Accommodation, Commercial development may include as supplementary
uses any or all of the following:
(a) bathroom facility,
(b) laundry facility,
(c) camp kitchen(s)
(d) manager's residence.
Each shall be identified in the area structure plan or concept plan.
DEVELOPMENT APPLICATION REQUIREMENTS
48.32
All applications must follow the requirements provided in Section 18 and the designated
land use district.
48.33
All applications must provide a copy of the approved area structure plan or concept
plan, where applicable.
48.34
Applications which propose to establish or enlarge a 'Recreational Accommodation,
Commercial' site shall be evaluated with respect to Alberta Economic Development and
Tourism's Minimum Standards for Approved Campgrounds and Trailer Parks or its
replacement document.
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48.35
In conjunction with the approved emergency response plan, as a condition of
development each individual accommodation site must have an address post equipped
with a numbered and color coded sign. Each entrance to the site must contain a key
map of the site locations with road names and directional signage.
SECTION 49
GARDEN AND SECONDARY SUITES
GARDEN SUITE
49.1
A Garden suite shall:
(a) not exceed one (1) storey in height;
(b) require a development permit which shall
expire in 5 years and is renewable once at
the discretion of the Development Officer
based on the original criteria of the approval
and renewable thereafter at the discretion of
the Municipal Planning Commission.
49.2
A Garden suite shall be used to house individuals providing care to or receiving care from
the resident(s) of the principal building.
49.3
Garden suites are subject to National Building Code - Alberta Edition.
49.4
The structure being proposed shall be shown to be readily moveable upon expiry of the
approval period.
SECONDARY SUITE
49.5
All secondary suites shall meet the following general requirements:
(a) only one secondary suite may be developed where a 'Single-detached dwelling',
'Modular home', 'Manufactured home', or 'Moved-in dwelling' has been established;
(b) in all districts where listed as a permitted or discretionary use, a secondary suite may
be considered (as shown in figures below) as a basement suite, a garage suite under
the roof of the principal dwelling, and as a single storey at grade garage suite.
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(c) in the Agriculture - A, Airport Vicinity Protection - AVP, Grouped Country Residential
- GCR, Urban Fringe - UF, Wind Farm Industrial - WFI districts where listed as a
permitted or discretionary use, a secondary suite may be considered (as shown in
figure below) as a second storey garage suite.
(d) all required off-street parking shall be designed and developed to the standards set
out in Section 56;
(e) development of a new secondary suite shall meet all requirements of the National
Building Code - Alberta Edition and Alberta Fire Code as a condition of approval;
(f) a secondary suite shall not be separated from the principal dwelling or any part of the
title on which the principal dwelling is located through a condominium conversion or
subdivision;
(g) a secondary suite shall not be permitted in a 'Duplex', 'Semi-detached dwelling', 'Multi-
unit dwelling', 'Rowhouse or Townhouse', 'Manufactured home park', or 'Apartment';
(h) the Development Authority, as a condition of approval, may request proof that the
utility services to the principal dwelling are capable of carrying the additional load of
the proposed secondary suite;
(i) a secondary suite shall not be developed on the same title as a Home occupation (see
Section 47), unless it can be proven to the Development Authority that the impact
resulting from the home occupation is limited, adequate parking is provided, and the
amenities of the neighbourhood are not negatively affected; and
(j) the exterior finish of a detached secondary suite, including but not limited to, materials,
textures, and colours, shall match or complement the exterior finish of the principal
dwelling, to the satisfaction of the Development Authority.
49.6
Existing secondary suites include any suite that existed prior to the passing of this bylaw.
In addition to the requirements of Section 49.5 of this Section, excepting thereout the
building code requirement of 49.5(d) if it can be proven that the suite was developed prior
to December 31,2006, existing secondary suites shall meet the following requirements;
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(a) an existing secondary suite developed prior to December 31, 2006, shall meet all
applicable requirements of the Alberta Fire Code as a condition of approval;
(b) an existing secondary suite developed after December 31, 2006, shall comply with all
National Building Code - Alberta Edition and Alberta Fire Code requirements,
including separate heating and ventilation systems for the principal dwelling unit and
secondary suite, as a condition of approval;
(c) an existing secondary suite shall meet all other requirements of this Schedule and any
other applicable Section or schedule of this bylaw; and
(d) should an existing secondary suite be unable to reasonably meet the requirements of
this bylaw, to the discretion of the Development Authority, the use of the suite for rental
purposes shall not be permitted.
SECTION 50
SURVEILLANCE SUITES
50.1
A development permit for a surveillance suite will only be issued if the surveillance suite is
clearly compatible with and subordinate to the principal use of the subject parcel.
Moreover, in the opinion of the Development Officer or Municipal Planning Commission,
as the case may be, the placement of a surveillance suite shall be compatible with all
existing, principal development/land uses on adjacent properties and shall not interfere
with future principal development/land uses of adjacent properties.
50.2
Where a surveillance suite is attached to the building on a site by a roof, an open or
enclosed structure, floor or a foundation, it is to be considered a part of the principal
building.
50.3
The minimum and maximum floor area of any detached surveillance suite shall be 50 m2
(538 ft2) and 102 m2 (1098 ft2) respectively.
50.4
Where a surveillance suite is a manufactured home unit, the following shall apply:
(a) the unit shall have a Canadian Standards Association certification or equivalent, proof
of which shall accompany the development permit application;
(b) the unit shall be secured and skirted to the satisfaction of the Development Officer or
Municipal Planning Commission, as the case may be.
DWELLING UNIT OR SLEEPING UNIT AS AN ACCESSORY USE
50.5
When considering an application for "Dwelling Unit as a secondary use" or "sleeping unit
as an accessory use", the Municipal Planning Commission shall, among other factors,
consider:
(a) the size of the parcel;
(b) the impact of the proposed use on the existing water and sewer systems;
(c) side yard setbacks in relation to adjacent uses; and
(d) potential traffic generation, and parking requirements.
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SECTION 51
AMMONIA STORAGE FACILITIES
51.1
The Municipal Planning Commission shall consider the "Guidelines for the Location of
Stationary Bulk Ammonia Facilities" prepared by Alberta Environment before the Municipal
Planning Commission makes a decision on a development application concerning a bulk
ammonia storage facility.
SECTION 52
HAZARDOUS INDUSTRIES
REFERRALS
52.1
The Municipal Planning Commission shall solicit and consider the comments of Alberta
Environment and Alberta Health Services before making a decision on a development
application concerning a hazardous industry.
52.2
The Municipal Planning Commission shall solicit and consider the comments of an urban
municipality before making a decision on a development application which proposes to
establish or enlarge a hazardous industry:
(a) less than 3.2 km (2 miles) from the boundaries of any jurisdiction; and
(b) consider any relevant policies in the Intermunicipal Development Plan.
52.3
Prior to a decision being made on a hazardous industry, the Municipal Planning
Commission shall hold a public meeting in order to solicit the views of the public in regard
to the application.
GENERAL LOCATIONS
52.4
The Municipal Planning Commission may require that a hazardous industry shall be
located in a designated industrial area, in accordance with the Municipal Development
Plan.
SECTION 53
NATURAL RESOURCE EXTRACTIVE USES
REDESIGNATION REQUIREMENT
53.1
All 'Natural resource extractive uses' shall apply for redesignation to Direct Control - DC.
53.2
Prior to a decision being made, the proponent shall hold a public meeting (open house) in
order to solicit the views of the public in regard to the application for a natural resource
extractive uses development. Notices for the meeting shall be circulated to every
household within 1.6km of the proposed development.
53.3
Application for redesignation shall include:
(a) operation plans;
(b) details of roads, access points and traffic volumes;
(c) location and phasing of vegetation clearance, stripping of topsoil and storage of
topsoil;
(d) identification of areas to be left undisturbed;
(e) weed control and management plan;
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(f)
reclamation planning;
(g) acknowledgement of the historic resources value for the property and need to gain
clearance where appropriate; and
(h) analysis of impact (noise, dust, hours of operation, security, ground water) on adjacent
property or structures including a locational plan that includes distances to all other
development and the location and number of residences along the entire access road
from the nearest highway to the proposed development site.
53.4
The Council shall consider the effects of visual intrusion, dust, noise, traffic, and water
pollution when evaluating applications for redesignation.
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
53.5
Both Category 1 and Category 2 pits, as defined in the provincial Code of Practice for Pits,
shall require a municipal development permit in order to operate.
53.6
An applicant shall be required to submit a reclamation plan to Council's satisfaction before
Council approves a development application for natural resource extraction site, whether
or not a reclamation plan is required by other provincial agencies, departments or
authorities. Such reclamation plans shall be referred to Alberta Environment for comment
before a development permit is issued. Copies of any Alberta Environment registrations,
permits or approvals shall be provided to the municipality by the pit operator.
53.7
The following shall be submitted with a development permit application for surface mineral
excavation:
(a) engineered plans including regulatory considerations;
(b) details of roads, access points and traffic volumes;
(c) surface access agreement with the landowner, where needed;
(d) location and phasing of vegetation clearance, stripping of topsoil and storage of
topsoil;
(e) identification of areas to be left undisturbed;
(f)
historic resources approval;
(g) weed control;
(h) reclamation plan in accordance with Part 5 of the Code of Practice for Pits and security
payment of a minimum $15,000/hectare (increases to the amount are at the discretion
of council as a condition of Direct Control) in the form of cash or irrevocable letter of
credit for Class II pits; and
(i) any other matter requested by Council or the Development Officer.
REFERRALS
53.8
The municipality shall solicit and consider the comments of:
(a) Alberta Environment;
(b) any landowners within 1600 m (5249.3 ft.) of the lot proposed for a natural resource
extractive use; and
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(c) Alberta Transportation where applicable;
before approving a development application for a natural resource extractive use.
LOCATION RESTRICTIONS
53.9
Subject to 53.10 below, a natural resource extractive use shall not be developed at a
location which, in the opinion of Council, would lead to land use conflicts with adjoining or
nearby uses.
53.10
The municipality may require that a natural resource extractive use and any storage or
disposal of a natural resource or any finished or semi-finished materials or waste, shall be
located not less than 100 m (328 ft.) from the bed and shore of a permanent or intermittent
waterbody or watercourse.
53.11
Sections 53.1 and 53.2 above do not apply where a land use district has established and
contains use restrictions and development requirements pertaining to natural resource
extractive uses.
53.12
Within the Burmis Lundbreck Corridor Area Structure Plan boundary, a redesignation
application which proposes to locate a sand or gravel pit:
(a) at a location which, in the opinion of the Council is highly visible to the travelling public
from Provincial Highways 3, 3A, 22 or 507;
(b) on a lot lying within 0.8 km (½ mile) of an existing approved sand or gravel pit;
shall not be approved unless the applicant establishes, to the satisfaction of the Council,
that it is reasonable and appropriate to reduce the 0.8 km separation distance.
53.13
In consultation with the MD's Public Works department, the resource extraction industry
shall be directed to specific haul routes to minimize impact on municipal roads. Where
appropriate and in consideration of Section 53.11, the designated haul route shall be the
shortest route to the provincial highway network. At the discretion of Public Works, a Road
Use Agreement may be required. At the discretion of Planning and Development, a
development agreement may be required for road improvements.
SECTION 54
MANUFACTURED HOMES AND RELOCATED BUILDINGS
MANUFACTURED HOME DESIGN AND APPEARANCE
54.1
The quality of the exterior treatment and design of all manufactured homes shall be to the
satisfaction of the Development Authority.
54.2
The design, character and appearance of a manufactured home must:
(a) be compatible with any other building existing in the vicinity unless the building is
setting a new standard of design, character and appearance for the land use district
or a particular locality;
(b) be consistent with the purpose of the land use district in which the building is located;
and
(c) comply with all applicable provisions of a statutory plan.
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54.3
Where listed in a land use district, Manufactured homes placed in the Hamlet Single-
Detached Residential, Agriculture and Grouped Country Residential designations shall:
(a) have Canadian Standards Association label;
(b) have a minimum gross floor area of 60 m2 (646 ft2), unless otherwise permitted in a
land use district;
(c) be finished from the floor level to the ground within 90 days of placement. All finish
material shall either be factory fabricated or of equivalent quality, so that the design
and construction complements the dwelling to the satisfaction of the development
authority;
(d) be placed on a permanent foundation (e.g. grade beam), or a basement which
satisfies the requirements of the National Building Code - Alberta edition.
54.4
As a condition of approval for a development permit the Development Authority may require
financial guarantees in accordance with Section 18.
MANUFACTURED HOME ADDITIONAL REQUIREMENTS
54.5
In addition to the information that may be required pursuant to this or any other Section of
the bylaw, the Development Officer, or Municipal Planning Commission may require:
(a) that colour photographs showing the front, side and rear of the manufactured home
be submitted with the development permit application;
(b) that a letter confirming the manufactured home's design, construction or foundation
meets or exceeds the requirements of this Section be submitted within 60 days of the
installation of the manufactured home.
MOVED-IN BUILDINGS
54.6
No person shall:
(a) place on a parcel a residential building or accessory building that has previously been
erected or placed on a different parcel or lot; or
(b) alter the location on a parcel of a residential building or accessory building that has
already been constructed on that parcel or lot;
unless the Development Authority approves the placement or alteration.
54.7
The quality of the exterior treatment and design of all relocated buildings shall be to the
satisfaction of the Development Authority.
54.8
The Development Authority may issue a development permit for the proposed building,
with or without conditions, as it deems necessary to ensure that the building is constructed
to a satisfactory standard and may require that financial guarantees be posted to insure
the satisfactory completion of any conditions stipulated.
54.9
In addition to any other information that may be required by this or any other section of this
bylaw, the Development Authority may require the submission of colour photos showing
the front, rear and side views of the building proposed to be relocated.
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SECTION 55
SIGN PROVISIONS
DEFINITIONS
The following definitions apply to this part:
55.1
Billboard
A sign greater than 3 m2 (32.3 ft2) that may or may not contain advertising copy related to
the development within the parcel upon which the billboard sign is located. This does not
include an identification sign under Section 55.7.
55.2
Canopy Sign
A sign placed on a permanent projection from the exterior wall of a building where the
projection or canopy has been primarily designed to provide shelter to pedestrians or
vehicles.
55.3
Directional and Informational Sign
A sign, the message of which is limited to providing direction guidance,
distance, facility, or similar information and which may contain a name or logo.
55.4
Electronic Sign
A form of sign copy that makes use of technologies that allow the copy to be changed
without manually or mechanically replacing the sign face or components. Electronic display
includes technologies such as but not limited to electronic screens, televisions, computer
video monitors, liquid crystal displays, and light emitting diode displays. Electronic display
copy can include animation or motion. Signs that are externally illuminated with LED light
bulbs do not constitute electronic display.
55.5
Fascia Sign
(a) Any sign where the copy face is parallel to and projects not more than 0.3 m (1 ft.)
horizontally from the exterior wall of the building to which the sign is attached; and
(b) a sign where the copy face projects not more than 50 percent above the exterior wall
to which the sign is attached.
55.6
Freestanding Sign
A sign 3 m2 (32.3 ft2) or less defined by dimensions B and C below, which stands
independently of a building and may or may not contain advertising copy. This sign must
be located on the lot where the service or business is located.
55.7
Identification Sign
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A sign where the copy contains only the following information:
(a) the name and/or address of a building, use or person; and/or
(b) the activity carried out by that person, or at that location.
This sign must be located on the lot where the service or business is located.
55.8
Merchandising Aid
A device, such as statues, inflatables, and tethered balloons intended to call attention to a
business and which may or may not contain a name, logo, advertising message or
announcement.
55.9
Off-premises
Any type of sign that may contain sign content that advertises or otherwise identifies a
service, product or activity conducted, sold or offered at a location other than the premises
on which the sign is located.
55.10
Portable Sign
A sign supported on a vehicle, structure or trailer so that it can be easily and readily moved.
55.11
Projecting Sign
(a) Any sign except a canopy sign which extends more than 0.3 m (1 ft.) horizontally from
the wall of the building to which it is attached; and
(b) a sign where the copy face projects not more than 50 percent above the exterior wall
to which the sign is attached.
55.12
Roof Sign
(a) A sign that is placed on, above or is incorporated as part of the roof of a building; or
(b) a sign where more than 50 percent of the copy face projects above the roof of a
building.
55.13
Temporary Sign
A sign other than a portable sign which is not permanently attached to a supporting
structure or building.
SIGNS FOR WHICH NO DEVELOPMENT PERMIT IS REQUIRED
55.14
No permit is required for the following signs:
(a) one unilluminated sign per parcel if the sign is 0.5 m2 (5.4 ft2) or less in area and is
located within the boundaries of a designated hamlet in all public, commercial and
industrial districts;
(b) one unilluminated sign per parcel if the sign is 1 m2 (10.8 ft2) or less in area and is
located outside the boundaries of a designated hamlet in all public, commercial and
industrial districts;
(c) signs 3 m2 (32.3 ft2) or less, painted or erected on extensive agricultural parcels, farm
buildings and structures promoting or identifying agricultural pursuits;
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(d) on-site signs advertising the sale, rental or lease of land or buildings provided that
such signs do not exceed 0.6 m2 (6.5 ft2) in a residential district within a hamlet, or
3 m2 (32.3 ft2) in all other districts;
(e) on-site directional and informational signs for the guidance, warning or restraint of
people or signs indicating on-site traffic circulation and parking restrictions;
(f)
temporary signs (other than portable signs) on lots or parcels in all rural districts and
commercial and industrial districts advertising a special promotion on the premises
provided that the sign is removed within seven days of the end of the special
promotion;
(g) window signs in commercial or industrial districts meeting the development criteria in
55.29;
(h) signs or billboards erected by a public authority, public agency or public department
and railway operating signs;
(i)
election signs officially sanctioned by an registered political party;
(j)
on-site signs identifying an approved construction project and/or the parties involved
in that project;
(k) signs pertaining to home occupations, which are addressed in Section 47.
GENERAL RESTRICTIONS
The intent of this section is to limit the proliferation of signs within the Municipal District of Pincher
Creek and to encourage those signs that are permissible to be aesthetically pleasing, well
maintained, safely erected and non-distracting.
55.15
No sign shall be placed or project within a public roadway, or be attached to any object in
a public roadway except as may be allowed by Alberta Transportation or the Municipal
District of Pincher Creek.
55.16
On privately held land adjacent to secondary and primary provincial highways, the
applicant shall be required to obtain a Municipal Sign Permit and receive approval from
Alberta Transportation ensuring the signage is in compliance with the Alberta Highway
Control Regulations.
55.17
A sign shall not be allowed or located if, in the opinion of the Development Authority, it
obstructs the vision of vehicular traffic or confuses or interferes with the interpretation of a
traffic control sign, signal or device, or if it utilizes or employs revolving lights or beacons
or emits amplified sounds or music.
55.18
The Development Authority may require that any sign be an identification sign only.
55.19
All signs shall only advertise the principal use of the premises or the principal products
offered for sale on the premises.
55.20
Unless otherwise specified in the specific land use district or by Alberta Transportation, the
footing or projection of each sign shall not be less than 3 m (9.8 ft.) from the property line.
55.21
Variances may be considered by the Development Authority in exceptional circumstances
if warranted by the merits of the case.
Municipal District of Pincher Creek No. 9
PART VIII | 18
Land Use Bylaw 1349-23
55.22
All signs shall be maintained in a safe and tidy manner to the satisfaction of the
Development Officer.
55.23
All sign structures shall be securely built, constructed, and erected to conform to the
standards set forth in this bylaw and the current National Building Code - Alberta Edition,
as applicable.
55.24
When a sign cannot be clearly categorized as one of the sign types as defined in this bylaw,
the Development Authority shall determine the sign type and any and all applicable
standards.
SPECIFIC SIGN REQUIREMENTS
55.25
Projecting, fascia, roof and freestanding signs shall only be permitted subject to the
following limitations:
(a) not more than two signs shall be permitted on the premises;
(b) no fascia sign shall be in excess of 11.1 m2 (120 ft2) in area, but the two permitted
signs may be combined if total fascia area does not exceed 11.1 m2 (120 ft2);
(c) no sign shall be illuminated unless the source of light is steady and suitably shielded;
(d) no freestanding sign shall be in excess of 3 m2 (32.3 ft2);
(e) the maximum height of any freestanding sign shall be 6.0 m (19.7 ft.);
(f)
the bottom of any freestanding sign shall be less than 1.8 m (5.9 ft.) from ground level.
(g) approval of any projecting sign or canopy signage overhanging public land under the
sign schedule is conditional upon the owners and/or occupiers of the premises upon
which said sign is located providing to the MD of Pincher Creek a written waiver of
liability as authorized by Council or an indemnification agreement for any injury or
damage resulting from said sign.
(h) projecting or canopy signs shall have a minimum vertical clearance of 2.4 m (8 ft.)
measured between the lower sign edge and grade.
(i)
a projecting sign shall not extend horizontally more than 2.0 m (6.5 ft.) from a structure
or building face or extend within 0.9 m (3 ft.) of the edge of a curb or a roadway.
(j)
the maximum allowable height for a projecting sign excluding roof signs, measured
from the top of the sign to grade, shall not exceed the lesser of:
(i)
the height of the eave line or roof line,
(ii)
6.0 m (20 ft.),
(iii)
or to the satisfaction of the Development Authority.
55.26
Off-premise, Directional and Informational signs may be permitted if warranted by the
merits of each case.
55.27
Recognizing 55.25(a), additional Fascia signs for clustered, comprehensive mall-like
developments may be permitted if warranted by the merits of the case.
55.28
Portable signs
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART VIII | 19
(a) A development permit for a portable sign will be valid for a period of no longer than 60
days;
(b) after the lapse of the permit, the sign shall be removed;
(c) no sign shall be located in such a way as to create traffic hazards.
55.29 Window signs shall not exceed 50% coverage of any single pane of glass.
55.30 Electronic Signs
All electronic signs must adhere to the requirements of the sign type which they are
displayed as well as the following:
(a) All electronic signs within 304.8 metres (1,000 ft.) of a provincial highway right-of- way
or within 800 metres (2,625ft.) of the centerline of a highway and a public road
intersection to a designated Alberta Highway shall during the application process be
circulated to Alberta Transportation for comment and may be subject to an Alberta
Transportation roadside development permit.
(b) A sign featuring electronic display must be equipped with a functioning ambient light
sensor and must be set to operate so as not to exceed the following limits at all times
when the electronic display feature is functioning, as measured from the sign face at
its maximum brightness:
(i) a maximum of 7,500 nits from sunrise to sunset, based on the times established
by the sunrise/sunset calculator of the National Research Council of Canada;
and
(ii) a maximum of 500 nits from sunset to sunrise, based on the times established by
the sunrise/sunset calculator of the National Research Council of Canada; and
(iii) the light levels around the Electronic Display must not at any time exceed the
ambient light level by more than 5.0 LUX.
(c) If a Development Authority determines that the brightness or light level of an electronic
display exceeds the limits set out in subsection 53.30(b), or impairs the vision of
motorists, the Development Authority may direct the Development Permit holder to
change the settings in order to bring the electronic display into compliance with this
bylaw with 24 hours notice.
(d) If any component of electronic display fails or malfunctions such that the electronic
display is no longer operating in compliance with this bylaw or with the conditions of
a Development Permit, the Development Permit holder must ensure that the
electronic display is turned off until all components are fixed and operating in
compliance.
(e) The Development Permit holder for a sign with electronic display must ensure that a
Development Authority is at all times in possession of the name and telephone contact
information of a person(s) having access to the technology controls for the sign, who
can be contacted 24 hours a day if the sign malfunctions.
PROHIBITED SIGNS
55.31 All signs that are not in accordance with the definitions for signs under Section 55 or
deemed to be similar to by the Development Authority shall be prohibited from
development. Specific types of signs prohibited include, but are not limited to, the following:
Municipal District of Pincher Creek No. 9
PART VIII | 20
Land Use Bylaw 1349-23
(a) signs attached to or painted on Shipping Containers (C-containers/sea-containers)
which are located on parcels of land for the purpose of communicating a message or
advertising;
(b) signs attached to or painted on licensed or un-licensed vehicles or trailers which are
parked for the purpose of communicating a message or advertising;
(c) flashing or animated signs that are moving or contain digital or electronic message
boards, unless approved on commercial or industrial parcels in conjunction with
Section 55.25 of this Part of the bylaw;
(d) any merchandising aid;
(e) billboard or similar type signs, as defined in the definitions of this bylaw, whose main
purpose is off- premises or third party commercial advertising.
Billboard sign example Trailer/vehicle sign example
SECTION 56
OFF-STREET PARKING AND LOADING REQUIREMENTS
APPLICATIONS
56.1
Each use or building shall provide and maintain the minimum number of parking spaces
shown in Table 56.3 unless otherwise required by the Development Authority.
56.2
Where a use is not identified in Table 56.3 or where there is uncertainty, in the opinion of
the Development Authority, as to the minimum parking spaces required for that use, the
minimum number of parking spaces shall be as determined by the Municipal Planning
Commission.
LOCATION OF PARKING SPACES
56.3
A parking space required by this section shall be located:
(a) on the same lot as the use or building for which it is required;
(b) on a lot abutting the lot containing the use for which parking is required provided that:
(i)
both lots are a single parcel and contained in the same Certificate of Title, and
(ii) both lots are described in a plan of subdivision that was registered prior to July 1,
1950.
56.4
Where required parking will be provided on a lot abutting a lot for which parking is required
and that abutting lot is either:
(a) described in a separate Certificate of Title; or
(b) contained in a plan of subdivision that was registered after July 1, 1950;
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART VIII | 21
then the Development Authority, as a condition of issuing a development permit, shall
require that both lots are consolidated into one lot by plan of subdivision or descriptive plan,
as appropriate.
56.5
In a commercial or industrial district, where required parking will be provided on a lot that
does not abut the lot for which parking is required, the Development Authority, as a
condition of development approval, may require that a restrictive covenant shall be
registered against the lot to ensure that the lot is not disposed of, and that the required
parking is maintained for the use of development for which it is required.
GENERAL REQUIREMENTS
56.6
Parking areas or lots shall be constructed in a manner which will permit adequate drainage,
snow removal and maintenance to the satisfaction of the Development Authority.
56.7
The Development Authority may require that a parking area be paved, hard-surfaced or
otherwise surfaced to its satisfaction.
56.8
The Development Authority may limit vehicular access to a corner lot from:
(a) the secondary front property boundary;
(b) a lane, where one is provided; or
(c) a cul-de-sac or minor roadway.
56.9
The Development Authority may require that the parking spaces for any use, other than a
dwelling unit with four or fewer dwelling units, be provided in a parking lot, which has limited
access to the street.
56.10
A stacked parking arrangement as described in Section 56.11 shall be permitted for all
dwellings containing only one or two dwelling units, but a stacked parking arrangement
shall be strictly prohibited for all other development or uses, where a stacked arrangement
is proposed in order to meet the minimum parking space requirements of this section.
56.11
A stacked parking arrangement as referred to in Section 56.10 above means a parking
arrangement where two or more vehicles are parked in tandem, without a parallel and
abutting aisle, laneway or maneuvering space, so that one or more vehicles must be moved
before the remaining vehicle or vehicles can enter or exit from their parking space.
56.12
All parking spaces shall be in accordance with the minimum dimensions as stated in Table
56.1 and as shown in Figure 5, subject to Section 56.13 and Section 56.16.
56.13
Where a parking space parallels a wall or door, or where a parking space abuts a column
or similar obstruction, the minimum width of the parking space shall be increased by 0.3 m
(1 ft.).
Municipal District of Pincher Creek No. 9
PART VIII | 22
Land Use Bylaw 1349-23
Table 56.1
Type of Parking Space
Width
Length
Overhead
Clearance
m
ft.
m
ft.
m
ft.
Standard size:
Parallel parking spaces, or spaces with
direct access onto a lane
2.8
9.2
7.3
24.0
2.0
6.6
All other spaces
2.8
9.2
6.0
19.7
2.0
6.6
Recreation vehicle parking:
Parallel parking spaces or spaces with
direct access onto a lane
3.8
12.5
7.3
24.0
3.0
9.8
All other spaces
3.8
12.5
6.0
19.7
3.0
9.8
RECREATION VEHICLE PARKING
56.14
The Development Authority may require oversized parking spaces for recreational vehicle
parking where the Development Authority considers it reasonable and appropriate to do
so, subject to the minimum dimensions specified in Section 56.12 above.
BARRIER FREE PARKING
56.15
Parking spaces for persons with physical disabilities shall be:
(a) located closest to the entrance of the building for which they are intended;
(b) identified by a sign;
(c) identified by pavement markings, if the parking surface is paved, to the satisfaction of
the Development Authority; and
(d) in accordance with National Building Code - Alberta Edition for the number of spaces
and dimensional requirements for those spaces.
OVERSIZED VEHICLE PARKING AND MANEUVERING AISLES
56.16
Notwithstanding the minimum parking space and maneuvering aisle dimensions specified
in Section 56.12 above and Section 56.17 below, where a use or a development such as
a truck stop, a bulk fuel station or any other use will accommodate oversized vehicles such
as semi-trailers, large recreation vehicles, buses and similar vehicles, the Development
Authority may require larger parking space and maneuvering aisle dimensions that are
specified in this Section.
MANEUVERING AISLES AND DRIVEWAY WIDTHS
56.17
All maneuvering aisles shall be in accordance with the minimum dimensions as stated in
Table 56.2 and as shown in Figure 5, subject to Section 56.16.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART VIII | 23
Table 56.2
Parking Space Angle
Aisle Width
m
ft.
90°
7.0
23.0
60°
5.5
18.0
45° or less
4.0
13.1
LOADING SPACE REQUIREMENTS
56.18
One loading space shall be provided for each loading door in a commercial or industrial
land use district.
56.19
The minimum dimensions for a loading space shall be as follows:
(a) width - 3 m (9.8 ft.)
(b) length - 9 m (29.5 ft.)
(c) overhead clearance - 4 m (13.1 ft.)
56.20
The Development Authority may require loading spaces with larger dimensions than those
specified in Section 56.19 above where vehicles using a loading space may project into a
public roadway, or where the Development Authority considers it reasonable and
appropriate to do so having regard to the size of the vehicles which will likely utilize the
loading space.
Municipal District of Pincher Creek No. 9
PART VIII | 24
Land Use Bylaw 1349-23
Figure 5
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART VIII | 25
Table 56.3
Use
Minimum Number of Parking
Spaces Required
GFA =
Gross Floor Area
Agri-Business
Agricultural / Industrial machinery sales,
rental and service
1 space / GFA
65 m2 (700 ft2)
Agricultural-related industry
As required by the MPC
As required by the MPC
Animal care service, minor and major
1 space/ GFA
50 m2 (538 ft2)
Auctioning establishment
1 space/ GFA
65 m2 (700 ft2)
Farmer's market
As required by the MPC
As required by the MPC
Farm supplies and service
1 space/ GFA
65 m2 (700 ft2)
Automotive and Related
Autobody and/or paint shop
1 space/ GFA
53 m2 (571 ft2)
Automotive repair and service
1 space/ GFA
45 m2 (484 ft2)
Service station
1 space/ GFA
40 m2 (431 ft2)
Vehicle sales and rental
1 space/ GFA
45 m2 (484 ft2)
Commercial / Retail
Bowling alley, billiard or exercise parlour
1 space/ GFA
20 m2 (215 ft2)
Bingo hall
1 space/ GFA of patron
seating
or standing space
5 m2 (53.8 ft2)
Dining, entertainment and beverage
1 space/ GFA of patron
dining, beverage seating or
standing space plus 1 space
per employee
5 m2 (53.8 ft2)
Drive-in restaurant
15 spaces or 1 space / GFA
of dining and beverage space
whichever is greater plus 1
space per employee
10 m2 (108 ft2)
Financial institution
1 space/ GFA
40 m2 (431 ft2)
Household repair service
1 space/ GFA
50 m2 (538 ft2)
Manufactured home sales and service
1 space/ GFA
45 m2 (484 ft2)
Personal service
1 space/ GFA
20 m2 (215 ft2)
Publishing, broadcasting or recording
establishments
1 space/ GFA
45 m2 (484 ft2)
Racquetball and tennis courts
3 spaces per court
Municipal District of Pincher Creek No. 9
PART VIII | 26
Land Use Bylaw 1349-23
Table 56.3 (continued)
Use
Minimum Number of Parking
Spaces Required
GFA =
Gross Floor Area
Restaurant
1 space/ GFA of dining, patio
and beverage space plus 1
space per employee
5 m2 (53.8 ft2)
Retail store
1 space/ GFA
30 m2 (323 ft2)
Retail warehouse
1 space/ GFA
30 m2 (323 ft2)
Hotel / Motel
Tourist home
2 spaces per dwelling unit
plus 1 space for every
additional rental bedroom
Hotel
1 space per guest room
or suite
Hotel meeting and assembly
1 space/ GFA of patron
dining, beverage seating or
standing space plus 1 parking
space per employee
5 m2 (53.8 ft2)
Motel
1 space per guest room
or suite
Industrial
Bulk fuel station - excluding area of storage
facilities and tanks
1 space/ GFA
65 m2 (700 ft2)
Construction supply and contractors
1 space/ GFA
65 m2 (700 ft2)
Equipment sales, rental and service
1 space/ GFA
50 m2 (538 ft2)
Freight and storage
1 space/ GFA
65 m2 (700 ft2)
Manufacturing
1 space/ GFA
55 m2 (592 ft2)
Natural resource extractive
As required by the MPC
As required by the MPC
Hazardous industry
1 space/ GFA
55 m2 (592 ft2)
Recycling facility
1 space/ GFA
65 m2 (700 ft2)
Salvage or waste disposal facility
As required by the MPC
As required by the MPC
Warehousing/wholesale
1 space/ GFA
65 m2 (700 ft2)
Medical
Auxiliary hospital
1 space per 3 beds
Hospital
1 space per bed
Nursing home and sanatorium
1 space per 5 beds
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART VIII | 27
Table 56.3 (continued)
Use
Minimum Number of Parking
Spaces Required
GFA =
Gross Floor Area
Public, Institutional and Recreational
Recreation accomodation
As required by the MPC
As required by the MPC
Child care service
2 spaces per dwelling unit
plus 1 space per employee
College and technical school
1 space per 10 seats
Commercial school
1 space/ GFA
18 m2 (194 ft2)
Community use
1 space per patron dining,
beverage, seating or standing
space plus 1 parking space
per employee
Curling rink
6 spaces per ice sheet
Elementary and high school
1 space per classroom
Public utility
As required by the MPC
As required by the MPC
Sport facility
Golf Course
1 space per 5 seating spaces
4 spaces per golf hole
As required by the MPC
Residential
Secondary suite
1 space per bedroom
Dwelling or residence containing only one
dwelling unit (e.g. conventional single-
detached residence, manufactured home,
etc.)
2 spaces per unit
Group home
1 space per dwelling unit
plus 1 space for every
two supervisors
Multiple dwelling units with fewer than two
bedrooms (including apartments)
1.25 spaces per unit
Multiple dwelling units having two or more
bedrooms(including apartments)
1.5 spaces per unit
Semi-detached or duplex
2 spaces per dwelling unit
Senior citizen housing
1 space per 2.5 dwelling units
or sleeping units
Municipal District of Pincher Creek No. 9
PART VIII | 28
Land Use Bylaw 1349-23
SECTION 57
WIND ENERGY CONVERSION SYSTEMS (WECS)
DEFINITIONS
The following definitions apply to this part:
57.1
Blade
An element of a WECS rotor which acts as a single airfoil, thereby extracting kinetic energy
directly from the wind.
57.2
Blade Clearance
In reference to a horizontal axis rotor, the distance from grade to the bottom of the rotor's
arc.
57.3
Commencement of Construction
For the purposes of this section, commencement of a development shall be defined as the
moment any excavation has begun.
57.4
Horizontal Axis Rotor
A wind energy conversion system where the rotor is mounted on an axis horizontal to the
earth's surface.
57.5
Rotor's Arc
The largest circumferential path travelled by a WECS' blade.
57.6
Shadow or flicker
The repetitive moving shadows or reflection cast by the rotor blades as they cut through
the sun or sunlight.
57.7
Total Height
The height from grade to the highest vertical extension of a WECS. In the case of a WECS
with a horizontal axis rotor, total height includes the distance from grade to the top of the
tower, plus the distance from the top of the tower to the highest point of the rotor's arc.
57.8
Towers
The structure which supports the rotor above grade.
57.9
Vertical Axis Rotor
A wind energy conversion system where the rotor is mounted on an axis perpendicular to
the earth's surface.
57.10 Wind farm or Project
A power plant consisting of a group of wind turbines and related facilities connected to the
same substation or metering point used for the production of electric power. The wind farm
boundary is defined by all titled parcels participating in the project.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART VIII | 29
57.11
Wind Energy Conversion System (WECS)
A wind energy conversion system is a structure designed to convert wind energy into
mechanical or electrical energy. For the purposes of this bylaw, WECS are categorized as
follows:
Category 1 WECS: WECS in this category may be a permitted or a discretionary use
dependent on the applicable land use district, and where allowed by an Area Structure
Plan. The WECS total height shall be 15 m (49.2 ft.) or less. Only one WECS shall be
approved per titled parcel. (see 57.12-57.14)
Category 2 WECS: WECS in this category shall be a discretionary use in all applicable
land use districts and where allowed by an Area Structure Plan. The WECS total height
shall be greater than 15 m (49.2 ft.) and less than 35 m (114.8 ft.). Only one WECS shall
be approved per titled parcel. (see 57.12-57.14)
Category 3 WECS: WECS in this category shall be designated to the Wind Farm Industrial
land use district. A Category 3 WECS is defined by either:
- a single WECS with a total height of 35 m (114.8 ft.) or greater,
- or where the applicant proposes a wind farm with more than one WECS of any
height per titled parcel.
APPLICATION REQUIREMENTS FOR CATEGORY 1 and 2 WECS
57.12
Applications for Category 1 and 2 WECS shall be accompanied by:
(a) the manufacturer's information on power generation and the tower;
(b) appropriate letter of approval from Transport Canada and NAV Canada for WECS
Category 2;
(c) shadow and flicker, and noise data which shall be considered for approval according
to Section 18.15 of this bylaw;
(d) an analysis for noise to any property line;
(e) scaled drawings of foundation and tower showing compliance with Canadian
Standards Association standards and be certified by a professional engineer;
(f)
an accurate site plan showing and labeling the information including the exact location
of the turbine (tower and rotor arc) including setbacks and building locations;
(g) unless otherwise required by the MPC, a category 1 and 2 WECS shall be finished in
a non-reflective matte and in a colour which minimizes the obtrusive impact of a WECS
to the satisfaction of the MPC;
(h) no advertising shall appear on the tower or blades;
(i)
other information that may be required by the Development Authority.
57.13
The MPC may require a public meeting prior to consideration of the permit.
SETBACKS FOR CATEGORY 1 and 2 WECS
57.14
The tower base of the Category 1 and 2 WECS shall be located no less than two times the
total height of the WECS from the property line.
Municipal District of Pincher Creek No. 9
PART VIII | 30
Land Use Bylaw 1349-23
APPLICATIONS FOR CATEGORY 3 WECS
57.15
A WECS application shall be submitted for each titled parcel.
57.16
The MPC may approve a WECS application on a case-by-case basis subject to Part III -
Development Permits Section 18.
57.17
Prior to a decision being made, the MPC shall hold a public meeting in order to solicit the
views of the public in regard to the application for a Category 3 WECS development.
57.18
The applicant shall forward to the MD of Pincher Creek copies of all regulatory and utility
permits, approvals, and conditions prior to commencement of construction.
57.19
A Category 3 WECS development permit shall have a maximum five (5) year development
time line as outlined in subsections (a), (b) and (c) below.
(a) Commencement of construction shall occur within two (2) years of the issuance of the
development permit. A time extension as described in (c) or a timeline suspension as
described in (d) must be applied for prior to the expiration of the two (2) year
commencement of construction period;
(b) Construction shall be completed within two (2) years of commencement of
construction. The one (1) year time extension described in (c) may be granted by
MPC provided it was not previously granted under subsection (a). A time extension
as described in (c) or a timeline suspension as described in (d) must be applied for
prior to the expiration of the two (2) year construction period;
(c) A time extension considered by MPC in (a) and (b) may be approved for a single one
(1) year term and the applicant must provide reasons why the extension is necessary;
(d) The MPC may consider suspending the five (5) year timeline described above in
cases where a development hardship is proven to the satisfaction of MPC. The MPC
shall specify the duration of any timeline suspension as part of the approval.
(e) The development permit shall expire if the suspension period in (d) is not granted or
any period described in (a), (b) (c) or (d) lapses.
57.20
In balancing existing land uses and the development of Category 3 WECS, the MPC may
require developers to minimize impacts:
- within 1.6 km (1.0 miles) of a Provincially controlled highway;
- within 3.2 km (2.0 miles) of the boundary of a Provincially or Federally designated
parks;
- along ridge lines;
- within 2 km (1.2 miles) of a developed Group Country Residential land use
designation or Hamlet, Town or Village boundary.
APPLICATION REQUIREMENTS FOR CATEGORY 3 WECS
57.21
All development applications for a Category 3 WECS shall be accompanied by:
(a) an accurate site plan showing and labeling the information including the exact location
of each existing and proposed wind turbine (tower and rotor arc) including setbacks
as defined in Section 57.24 through 57.29 (also to be provided in chart form), all
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART VIII | 31
associated substations, collection and transmission system on or abutting the subject
lot or parcel, and contours of the land and access roads for the complete wind farm;
(b) an accurate plan showing the titled parcels and location of WECS within each
application;
(c) a digital database listing exact location and base elevation of each wind turbine in a
format acceptable to the MD (NAD 83 Geographic Coordinates, decimal degrees
only);
(d) a visual representation depicting the wind farm from:
- no further than 5 km (3.1-miles) away;
- each accessible residence within 2 km (1.2 miles) of the wind farm
boundaries;
- any significant sites as determined by MPC.
Visual representation shall include:
- scale elevations,
- photographs and/or digital information of the proposed WECS showing total
height, tower height, rotor diameter, colour and the landscape, and
- photographs and/or digital information modeled on ideal visual conditions;
(e) the turbine specifications indicating:
- the WECS maximum rated output in kilowatts;
- safety features and sound characteristics;
- type of tower;
- dimensions of tower and rotor
(f)
the following analyses:
1. the potential for noise at the following:
o
the site of the tower,
o
the boundary of the development,
o
at any habitable or occupied residence within 2 km (1.2 miles) of any
turbine;
2. the potential for shadow or flicker at the following:
o
the boundary of the development,
o
at any habitable or occupied residence within 2 km (1.2 miles) of any
turbine;
(g) a report regarding any public information meetings or other process conducted by the
developer;
(h) any impacts to the local road system including required approaches from public roads
having regard to Municipal District of Pincher Creek standard;
(i)
post-construction reclamation plan;
(j)
decommissioning plans.
57.22
Prior to making a decision on a development application for a WECS, the developer shall
provide copies of appropriate reports, comments and requests for approvals from the
following:
Municipal District of Pincher Creek No. 9
PART VIII | 32
Land Use Bylaw 1349-23
- Transport Canada
- NAV Canada
- Alberta Culture
- Alberta Environment
- Alberta Transportation
- Alberta Electric System Operator (AESO)
- MD of Pincher Creek No. 9 - Utility Permit
- STARS
REFERRALS FOR CATEGORY 3 WECS
57.23
Prior to making a decision on a development application for a WECS, the MPC shall refer
and consider the input from the following:
- an adjacent jurisdiction if its boundaries are located within 2 km (1.2 miles) of the
proposed wind farm project boundary;
- municipal district landowners within a 2 km (1.2 miles) of the wind farm project
boundary; and
- other relevant regulatory authorities and agencies.
SETBACKS for CATEGORY 3 WECS
57.24
The minimum setbacks related to undeveloped or developed municipal roadways
measured from the tower base shall be the total height (as defined in this section) plus ten
(10) percent.
57.25
The minimum setback related to an Alberta Highway right-of-way shall be determined by
Alberta Transportation.
57.26
The minimum setback related to the Pincher Creek and Cowley Airports shall be 4000m
as measured from the center of the runway.
57.27
At no time shall the cumulative modeled sound level of a WECS at the wind farm boundary
exceed 45dBA unless:
(a) an easement, as approved by the Municipal Planning Commission, is agreed to by
the affected land owner and registered on the affected title, or
(b) the affected landowner is the crown or an agent of the crown, excluding statutory
roads or road plans, and will be asked for comment under a different clause in this
bylaw.
57.28
Where adjacent properties (inside the wind farm boundary) are located without a road
allowance separation, the setback from the property line shall be 7.5m (24.6 ft.) from
outside of the rotor arc.
57.29
Where adjacent properties (outside the wind farm boundary) are located without a road
allowance separation, the setback to the property line measured from the tower base shall
be no less than the total height (as defined in this section) plus ten (10) percent unless a
caveat is registered on title, in which case a variance may be granted.
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57.30
Where, in the opinion of the MPC, the setbacks referred to in Section 57.24 through 57.29
are not sufficient to reduce the impact of a WECS, the Development Authority may increase
the required setback.
MINIMUM BLADE CLEARANCE FOR CATEGORY 3 WECS
57.31
The minimum vertical blade clearance from grade shall be 7.5 m (24.6 ft.) for a WECS
employing a horizontal axis rotor unless otherwise required by the Development Authority.
TOWER ACCESS AND SAFETY FOR CATEGORY 3 WECS
57.32
To ensure public safety, the approval authority may require that:
(a) a security fence with a lockable gate shall surround a WECS tower not less than 1.8 m
(5.9 ft.) in height if the tower is climbable or subject to vandalism that could threaten
tower integrity;
(b) no ladder or permanent tower access device shall be located less than 3.7 m (12.1 ft.)
from grade;
(c) a locked device shall be installed on the tower to preclude access to the top of the
tower;
(d) all of the above be provided or such additional safety mechanisms or procedures be
provided as the MPC considers reasonable and appropriate;
(e) the use of tubular towers, with locked door access, will preclude the above
requirements.
DISTRIBUTION LINES FOR CATEGORY 3 WECS
57.33
All collector lines (less than 69 Kv), within the wind farm boundary will be underground
except where the MPC approves overhead installations.
COLOUR AND FINISH FOR CATEGORY 3 WECS
57.34
Unless otherwise required by the MPC, a WECS shall be finished in a non-reflective matte
and in a colour which minimizes the obtrusive impact of a WECS to the satisfaction of the
MPC.
57.35
No advertising shall appear on the towers or blades. On other parts of the WECS, the only
lettering will be the manufacturer's and/or owner's identification.
REPOWERING FOR CATEGORY 3 WECS
57.36
Should a developer propose alteration, retooling or repowering of an existing wind farm
where the equipment has changed from the original approval, the developer shall apply for
a new development permit.
57.37
Should a developer propose infill development (adding new wind turbines) within an
existing wind farm, the developer shall apply for a new development permit.
57.38
A repowering project as described in 57.36 or 57.37 shall require a redesignation to the
Wind Farm Industrial (WFI) district.
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Land Use Bylaw 1349-23
DECOMMISSIONING FOR CATEGORY 3 WECS
57.39
Should a WECS discontinue producing power for two years, the WECS operator shall
provide a status report to MPC. A review of the status report may result in a request for
the WECS to be decommissioned. Failure to comply with a decommissioning request may
result in the issuance of a stop order by the designated officer in accordance with the
provisions of the Municipal Government Act.
SECTION 58
SHIPPING CONTAINERS
REGULATIONS
58.1
Shipping containers shall only be allowed in land use districts where listed as a
Discretionary Use within Part IX Districts. Shipping containers are prohibited in all other
districts.
58.2
There shall be a legal principal use on the property where it is proposed to be located.
58.3
Only three (3) shipping containers shall be allowed per lot or parcel.
58.4
The square footage of the cargo container when added to the square footage of principal
and accessory buildings on the property does not exceed the maximum site coverage as
defined by the district.
58.5
Shipping containers shall be stacked no more than two (2) containers high.
58.6
As a condition of the Application for Development Permit, the Municipal Planning
Commission may require any shipping container to be screened from view or landscaped
to make the site aesthetically pleasing.
58.7
All shipping containers must be painted to match the color(s) of the principal building or to
the satisfaction of the Development Authority.
58.8
All shipping containers must be located in the rear or side yards only, with a side yard
setback of 3.0 m (10 feet) and a rear yard setback of 6.1 m (20 feet).
58.9
The Municipal Planning Commission may issue a temporary permit for the placement of
any shipping container, where listed as a discretionary use in a land use district, with all or
some of the above noted requirements being applied to these temporary shipping
containers. Approvals for temporary permits shall be valid for one year from the date of
Application.
SECTION 59
SOLAR ENERGY SYSTEMS
SOLAR ENERGY SYSTEM, HOUSEHOLD
59.1
Including the requirements of Administration Section 16 and 18, development permit
applications for 'Solar energy system, household', shall be accompanied by the following
additional information:
(a) documentation demonstrating the system is designed to produce energy primarily for
sole use and consumption on-site by the landowner, resident or occupant;
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(b) manufacturer's specifications for system design and rated output;
(c) orientation of the solar panels;
(d) for panels mounted to the roof of a building or accessory structure or affixed to the
wall of a building or accessory structure, a description of how the panels are to be
mounted or affixed, maximum projection from roof or wall, and structural capacity of
the building/wall to support the proposed development;
(e) for free-standing solar panels, a description of the proposed ground mount design and
maximum height from existing grade;
(f)
all systems for mounting and securing solar panels shall meet to all Alberta Safety
Code requirements.
59.2
Solar panels must be located such that they do not create undue glare on neighbouring
parcels or public roadways.
59.3
Solar panels mounted to the roof of a building or accessory structure must not extend
beyond the outermost edge of the roof.
59.4
The maximum projection of solar panels affixed to the wall or mounted to the roof of a
building or accessory structure shall be 1.5 ft. (0.45 m).
59.5
Setback requirements are as prescribed in the applicable land use district. In land use
districts where accessory building setbacks are defined, those setbacks shall prevail and
be applied.
59.6
The maximum height of a free-standing solar panel shall not exceed 13.8 ft. (4.2 m).
59.7
Solar panel installations may be affixed to a building wall (principal and/or accessory),
mounted to the roof of a building (principal and/or accessory) or mounted to the ground as
a free-standing structure. The maximum number of solar panel installations per parcel and
location may be regulated based on the existing use of the parcel and/or adjacent parcels.
SOLAR ENERGY SYSTEM, COMMERCIAL/INDUSTRIAL
59.8
Solar energy systems, Industrial Scale, or solar farms or facilities that are those
developments that feed power back into the general provincial power grid, are distributing
to other properties, or are selling power for a profit at an industrial scale as determined by
the Development Officer or the Development Authority.
59.9
Proponents for 'Solar Energy System, Commercial/Industrial' are required to redesignate
the land to 'Wind Farm Industrial - WFI'.
59.10
In the "Agriculture - A", "Wind Farm Industrial - WFI" and "Urban Fringe - UF" land use
districts, applicants shall consider the following when selecting sites:
(a) use of the lowest productive land, dry corners, and poor agricultural land with Canada
Land Inventory (CLI) soil classification of 4 through 7, is preferred;
(b) to the extent possible, use of irrigated land, native prairie grassland and high quality
agricultural soils with a CLI classification of Class 1 through 3, is not preferred.
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Land Use Bylaw 1349-23
59.11
Prior to an application being made, the applicant shall hold a public meeting in order to
solicit the views of the public in regard to the application and report the information received
to the Development Authority;
59.12
Development permit applications for commercial/industrial solar energy installations shall
be submitted for each titled parcel and be accompanied by the following information:
(a) a site suitability analysis including but not limited to, topography; soils characteristics;
storm water collection; accessibility to a road; availability of water supply, sewage
disposal system and solid waste disposal if applicable; compatibility with surrounding
land uses; potential impacts to agricultural land and operations; potential visual
impacts, and consistency with the policies of the Land Use Bylaw and Municipal
Development Plan;
(b) a detailed site plan including all setbacks from property lines and the proximity to
structures or uses on the site and adjacent parcels of land; and to structures and uses
on the site from residential dwellings within 300 m (985 ft.) of the property line of the
proposed development;
(c)
detailed information about the system type, number of structures, height of structures,
and the energy process and rated output;
(d) any information regarding general public safety and security measures;
(e) preliminary grading/drainage plan;
(f)
detailed information regarding construction traffic management plan including
proposed material haul route, estimated employee vehicle trips (types and duration),
and parking / staging areas, and any potential impacts to public roads;
(g) the location of overhead utilities on or abutting the subject parcel and identification of
any sensitive, environmental, or topographical features which may be present on the
parcel;
(h) post-construction decommissioning and reclamation plan as required by the
Conservation and Reclamation Directive for Renewable Energy Operations (Alberta
Environment (2018/09/14);
(i)
a vegetation and weed management plan that addresses both the construction period
and the projected lifespan of the development;
(j)
a soils erosion management plan with the plan to address:
(i)
on any proposal to strip and stockpile topsoil during the construction/erection
period and the rationale or need for doing so, and
(ii)
the details on proposed soil management practices and erosion control due
to both wind and water; for the period of both construction and post-
construction;
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(k)
if required by the Development Authority, an Environmental Assessment Review
prepared by a qualified professional or other studies and reports to demonstrate site
suitability and impact mitigation;
(l)
if required by the Development Authority, a Fire and Emergency Response plan
prepared by a qualified professional and approved by the Pincher Creek Emergency
Services; and
(m) if required by the Development Authority, a Landowner and Neighbour Emergency
Response Plan prepared by a qualified professional which addresses safety,
education, and response plans of directly affected landowners.
59.13
Upon receipt of a development permit application, the Development Authority shall review
the application for completeness and, prior to making a decision on the application:
(a) notify landowners and residents, by mail, within 3.2 km (2 miles) of the proposed
development site (or more, at the discretion of the Development Authority);
(b) notify adjacent municipalities in accordance with the applicable Intermunicipal
Development Plan;
(c)
refer the application to all relevant agencies and government departments; and
(d) may require the developer to hold a public information meeting and provide a
summary of the meeting.
Setbacks
59.14
A Solar Energy System, Commercial/Industrial development shall be setback:
(a) not less than 30.5 m (100 ft) from all property lines not fronting on or adjacent to a
municipal roadway; and
(b) not less than 45.7 m (150 ft) from all property lines fronting on or adjacent to a
municipal roadway; and
(c)
not less than 152.4 m (500 ft) from a dwelling unit within or adjacent to the solar farm
project footprint boundary measured from the wall of the dwelling.
59.15
Any setback can be increased from the minimum setback requirements in the district
depending upon the number of panels in a group, the prominence of the location, in order
to reduce the impact to a residence, building, public roadway or highway, or adjacent land
use.
59.16
In balancing existing land uses and the development of Solar Energy System,
Commercial/Industrial, the Development Authority may require developers to minimize
impacts:
(a) within 1.6 km (1.0 miles) of a Provincially controlled highway;
(b) within 3.2 km (2.0 miles) of the boundary of a Municipally, Provincially or Federally
designated parks;
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Land Use Bylaw 1349-23
(c)
within 2 km (1.2 miles) of land designated Group Country Residential or a designated
Hamlet or Town boundary.
Conditions of Approval
59.17
The Development Authority may impose as a condition any reasonable measures to
ensure suitability, compatibility and to mitigate potential impacts.
59.18
The Development Authority may impose as a condition that the operator and/or landowner
of an commercial/industrial solar energy installation use submit a copy of an approved
conservation and reclamation plan to the municipality and the municipality shall impose as
a condition upon review of the plan:
(a) that a pre-disturbance site assessment be filed with municipality prior to the
commencement of construction of the project; and
(b) that any interim monitoring site assessments as required by the approved
conservation and reclamation plan be submitted to the municipality throughout the life
span of the development; and
(c)
that the approved conservation and reclamation plan is the sole responsibility of the
operator and/or landowner to ensure that the lands used for the industrial activities
associated with renewable energy activities are conserved and reclaimed in an
environmentally sound and timely manner;
and may require
(d) that a reclamation security be posted and held for the life span of the development in
a form and amount to be determined appropriate by the Development Authority to
ensure that the lands used for the industrial activities associated with renewable
energy activities are conserved and reclaimed in an environmentally sound and timely
manner.
59.19
The Development Authority shall impose as a condition that the operator and/or landowner
of a commercial/industrial solar energy installation use submit a copy of a vegetation and
weed management plan to the satisfaction of the municipality. This plan is to be reviewed
and approved by the Agricultural Fieldman and the municipality shall upon review of the
plan impose as conditions:
(a) The operator and/or landowner shall be responsible for controlling invasive plant
threats and weeds in accordance with the Alberta Weed Control Act.
(b) The minimum clearance of solar collectors from grade shall be adequate to facilitate
and maintain growth of perennial vegetation to prevent soil erosion.
(c) The operator and/or landowner shall be responsible for preventing soil loss or
deterioration from taking place in accordance with the Alberta Soil Conservation Act.
Soil erosion must be managed, and a soils management plan must be provided to the
satisfaction of the municipality with details on proposed control of erosion caused by
both wind and water.
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Land Use Bylaw 1349-23
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(d) Surface drainage and erosion control must also adequately address and account for
impacts associated with the impervious nature of the collectors.
(e) Screening and/or increased setbacks should be considered in the site design to
minimize visual impacts of the proposed development.
(f) Spacing between solar collectors must provide adequate access for firefighting of
both vegetation and electrical fires.
(g) A security deposit shall be posted during the construction period in a form and
amount, no less than $50,000 per quarter section of development to a maximum
amount to be determined appropriate by the Development Authority based on specific
site conditions to ensure that soil erosion management and weed control is
adequately provided in accordance with the municipally approved vegetation and
weed management plan and soils management plan.
(i)
Upon notification by the developer, operator, and/or landowner to the
municipality that the completion of construction has occurred and a request for
return of the financial deposit has been made, the municipality will conduct a site
inspection of the lands to verify the establishment of a suitable ground cover that
will prevent further erosion of the lands subject to the development
(ii)
The funds will be released with no interest paid upon confirmation that the soil
erosion management and weed conditions have been completed to the
satisfaction of the municipality and there are no unresolved soil or erosion
issues, mitigation orders, remedial measure orders, notices or violations that are
outstanding or unresolved.
OTHER COMMERCIAL/INDUSTRIAL RENEWABLE ENERGY PROJECTS
59.20
This section is specific and applicable to those commercial/industrial development projects
whose primary intent and purpose is to sell and/or export energy (or any other by-product
of a particular process) off-site using any of the following energy productions, such as but
not limited to, solar thermal, geo-exchange, micro-hydro, carbon capture and storage,
geothermal, micro-hydro, waste-to-energy, anaerobic digesters, biodiesel, biofuel or fuel
cells. All of these developments require a development permit.
59.21
All development applications shall be required to be accompanied by the following
information:
(a) an accurate site plan showing and labelling the proposed development and the
location of overhead utilities on or abutting the subject lot or parcel, and identification
of any sensitive, environmental or topographical features which may be present on
the parcel, including canals, streams or water wells;
(b) detailed information on the type of facility, structure or system and the energy process
involved;
(c) the manufacturer's specifications indicating (if applicable):
(i) the rated output in megawatts,
(ii) safety features and sound characteristics.
(f)
information regarding setbacks from property lines and the proximity to structures or
uses on both the site and adjacent parcels of land;
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Land Use Bylaw 1349-23
(g) information or verification of the proposed source of water if required for the type of
facility;
(l)
post-construction decommissioning and reclamation plan as required by the
Conservation and Reclamation Directive for Renewable Energy Operations (Alberta
Environment (2018/09/14);
(m) an analysis of environmental consideration including roadways, on-site potential for
fluid leaks, impact upon wildlife, or any other identified issues;
(n) a fire and emergency response plan prepared by a qualified professional and
approved by the Pincher Creek Emergency Services; and
(o) a Landowner and Neighbour Emergency Response Plan prepared by a qualified
professional which addresses safety, education, and response plans of directly
affected landowners.
(i)
large commercial/industrial facilities shall submit studies identifying noise, odour and
pollutant impacts and how these impacts will be addressed;
(k) a summary report of any and all public consultation that was undertaken by the
applicant, and
(l)
any other information as required by the Development Authority.
59.22
The structures of a use shall comply with all the setbacks as established in the district in
which it is located. In addition to the requirements of the district in which the use is located,
structures or facilities related to waste-to-energy, anaerobic digesters, biodiesel, or biofuels
developments shall not be located within:
(a) a minimum of 250 m (820 ft) from any residential dwelling, food establishment or public
use facility or building;
(b) a minimum of 122 m (400 ft) from the boundary or right-of-way of an irrigation district
canal, creek, stream, river, lake shore or water body;
(c) the parts of the project related to the transmission lines and associated structures and
to the roads, docks, water crossings, culverts, etc. associated with the facility may be
allowed within 30 m (100 ft) of a water body or within the water body itself (to the
satisfaction of the Municipal District and/or all other federal and provincial departments
that may have jurisdiction with respect to a proposed project);
(d) the Development Authority may require a larger minimum setback than required as
per the above and in the applicable land use district having regard for the location of
the development, potential environmental impacts (e.g. air, water - surface and
subsurface, soil, etc.), adjacent land uses and any determined natural, scenic or
ecologically significant features of the landscape.
59.23
Depending on the type of use proposed, the Development Authority may require that the
applicant comply with any or all of the following standards and requirements:
(a) the preferred location of uses is on parcels designated for industrial land use and
located in proximity to highways or railway corridors;
(b) the Development Authority may require a parcel redesignation to the applicable
industrial land use district to be considered and approved prior to accepting a
development permit application;
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Land Use Bylaw 1349-23
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(c) all surface drainage must be contained on site and any adjacent water bodies must
be adequately protected from run-off;
(d) the applicant is responsible for preparing at their own expense an engineered surface
drainage management plan and submitting an application for approval to Alberta
Environment and Protected Areas (if applicable);
(e) any biodiesel waste or water contaminated with biodiesel is prohibited to be
discharged directly into any sewers or surface waters;
(f)
all feedstock and materials are to be stored and contained within buildings, and no
outside storage is permitted;
(g) the semi-truck traffic used for the hauling and shipment of raw material or feedstock
and finished/processed goods associated with the development shall be limited to a
designated truck haul route as stipulated by the Municipal District;
(h) all
energy
transmission
lines
on
the
site
of
the
Renewable
Energy,
Commercial/Industrial use to the substation or electrical grid shall be underground
unless otherwise approved by the Development Authority;
(i)
the applicant is responsible for securing any necessary approvals from agencies
including but not limited to Alberta Environment and Parks, Alberta Utilities
Commission and the Alberta Energy Regulator;
(j)
the Development Authority may apply any other standards that are provided for in this
Bylaw, including but not limited to:
(i)
require the applicant/developer to enter into a road use agreement and/or
development agreement with the municipality,
(ii) the provision of financial security in an amount and type acceptable to the
municipality to ensure the decommissioning plan is implemented,
(iii) a condition to allow the developer to proceed with a phased project,
(iv) the provision of site improvements like landscaping, berming or buffering.
59.24
Prior to making a decision on a development application, the Development Authority may
refer and consider the input of the following agencies and departments:
(a) Alberta Utility Board Commission (AUC);
(b) Alberta Electrical Systems Operators (AESO);
(c) Alberta Transportation and Economic Corridors;
(d) Alberta Environment and Protected Areas;
(e) Alberta Culture;
(f)
Alberta Agriculture and Irrigation;
(g) Transport Canada;
(h) Navigation Canada;
(i)
Innovation, Science and Economic Development Canada;
(j)
STARS (Air ambulance).
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Land Use Bylaw 1349-23
59.25
Upon receipt of a development permit application, the Development Authority shall review
the application for completeness and, prior to making a decision on the application:
(a) notify landowners and residents, by mail, within 3.2 km (2 miles) of the proposed
development site (or more, at the discretion of the Development Authority);
(b) notify adjacent municipalities in accordance with the applicable Intermunicipal
Development Plan;
(c) refer the application to all relevant agencies and government departments; and
(d) may require the developer to hold a public information meeting and provide a
summary of the meeting.
59.26
Depending on the type of energy project proposed, the Development Authority may require
that the applicant comply with any or all of the following standards or requirements:
(a) All surface drainage must be contained on site and any adjacent water bodies must
be adequately protected from run-off.
(b) The applicant is responsible for preparing at their own expense an engineered surface
drainage management plan and submitting an application for approval to Alberta
Environment, if applicable.
(c) Any biodiesel waste or water contaminated with biodiesel, is prohibited to be
discharged directly into any sewers or surface waters.
(d) All feedstock and materials are to be stored and contained within buildings, and no
outside storage is permitted.
(e) That the semi-truck traffic used for the hauling and shipment of raw material or
feedstock and finished/processed goods associated with the development shall be
limited to a designated truck haul route as agreed to or specified by the Municipal
District.
(f)
The preferred location of alternative/renewable energy commercial or industrial
developments is on parcels designated for industrial land use and located in proximity
to highways or railway corridors. The Development Authority may require a parcel
redesignation to the applicable industrial land use district be approved prior to
accepting a development application.
(g) The applicant is responsible to apply for any Alberta Environment, AUC, ERCB or
other applicable provincial approvals or permits that may be required, and must
provide the municipality with a copy to be kept on file.
(h) The Development Authority may stipulate any or all of the Section 59 criteria listed
above to be addressed by the applicant as a condition of a development permit
application approval.
(i)
Any license permit, approval or other authorization granted by AUC, AER or ERCB
shall prevail over any land use bylaw requirements or development permit decisions
or conditions if there is a perceived conflict.
(j)
All energy transmission lines on the site of the energy generating facility to the
substation or grid shall be underground unless otherwise approved by the
Development Authority.
(k) The Development Authority may apply to any alternative/renewable energy
generating facility any other standards that are provided for in the Land Use Bylaw,
including:
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(i)
a condition to enter into a road use agreement with the Municipal District to
address road maintenance and repairs that may arise from the development;
(ii) a condition to post security with the Municipal District; and
(iii) a condition to allow the developer to register the approved project in phases.
SECTION 60
TELECOMMUNICATION SITING PROTOCOL
60.1
PURPOSE
This section serves as the protocol for the installation and modification of
telecommunication, radiocommunication and broadcasting antenna systems (antenna
systems) in the MD of Pincher Creek. The protocol establishes the procedural standard
for public participation and consultation that applies to proponents of antennas systems
and identifies the MD of Pincher Creek's preferred development and design standards.
60.2
APPLICABILITY
The federal Minister of Innovation, Science and Industry is the approval authority for the
development and operation of antenna systems, pursuant to the Radiocommunication Act.
Innovation, Science and Economic Development (ISED) Canada recognizes the
importance of considering input from local Land Use Authorities and the public regarding
the installation and modification of antenna systems and encourages Land Use Authorities
to establish a local protocol to manage the process of identifying and conveying concerns,
questions and preferences to the proponent of an antenna system and Innovation, Science
and Economic Development (ISED) Canada.
The local protocol established in this Section applies to any proposal to install or modify a
telecommunication, radiocommunication or broadcast antenna system within the MD of
Pincher Creek which is not excluded from the consultation requirements established by
Innovation, Science and Economic Development (ISED) Canada in Client Procedures
Circular CPC-2-03 [or subsequent/amended publications]. Proponents of excluded
antenna systems are nevertheless encouraged to contact the MD of Pincher Creek to
discuss the proposal and identify any potential issues or concerns and give consideration
to the development and design standards in Section 60.5.
(a) Antenna Systems Siting Protocol Exclusion List:
Innovation, Science and Economic Development (ISED) Canada has determined that
certain antenna structures are considered to have minimal impact on the local
surroundings and do not require consultation with the local Land Use Authority or the
public. Innovation, Science and Economic Development (ISED) Canada's
publication, Radiocommunication and Broadcast Antenna Systems CPC-2-0-03 lists
the types of antenna installations exempted from the requirement to consult with the
local Land Use Authority and the public. The installations listed in CPC-2-03 are
therefore excluded from the MD of Pincher Creek Land Use Bylaw and include:
(i)
maintenance of existing radio apparatus including the antenna system,
transmission line, mast, tower or other antenna-supporting structure;
(ii) addition or modification of an antenna system (including improving the structural
integrity of its integral mast to facilitate sharing), the transmission line, antenna-
supporting structure or other radio apparatus to existing infrastructure, a building,
water tower, etc. provided the addition or modification does not result in an
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Land Use Bylaw 1349-23
overall height increase above the existing structure of 25% of the original
structure's height;
(iii) maintenance of an antenna system's painting or lighting in order to comply with
Transport Canada's requirements;
(iv) installation, for a limited duration (typically not more than 3 months), of an
antenna system that is used for a special event, or one that is used to support
local, provincial, territorial or national emergency operations during the
emergency, and is removed within 3 months after the emergency or special
event; and
(v) new antenna systems, including masts, towers or other antenna-supporting
structure, with a height of less than 15 metres above ground level.
Proponents, who are not certain if their proposed structure is excluded, or whether
consultation may still be prudent, are advised to contact the MD of Pincher Creek or
Innovation, Science and Economic Development (ISED) Canada for guidance.
60.3
MUNICIPAL REVIEW AND ISSUANCE OF CONCURRENCE OR NON-CONCURRENCE
(a) The MD of Pincher Creek Development Authority shall be responsible for reviewing
and issuing municipal concurrence or non-concurrence for all antenna system
proposals within the MD of Pincher Creek which are not excluded under Section 60.2.
(b) Concurrence with a proposal will be measured against the requirements of the
applicable land use district within which the antenna system is proposed, the
development and design standards in Section 60.5, applicable policies of the MD of
Pincher Creek Municipal Development Plan, and consideration of comments received
during the public consultation process (section 60.7) and any other matter deemed
relevant by the Development Authority:
(i)
when a proposal is given a concurrence decision, the proponent will receive a
letter of concurrence from the Development Authority documenting its decision;
(ii) when a proposal is given a non-concurrence decision, the proponent will receive
a letter of non-concurrence from the Development Authority describing the
reasons for the decision.
(c) Municipal concurrence does not constitute approval of uses, buildings and structures
which require issuance of a development permit under the Land Use Bylaw. A
proposal which includes uses, buildings or structures in addition to the antenna
system, is required to obtain development permit approval for such uses, buildings
and structures in accordance with the provisions of the Land Use Bylaw.
60.4
MUNICIPAL REVIEW PROCESSING PERIOD
(a) Except as provided in subsection 60.4(b), the Development Authority will issue a
decision of either concurrence or non-concurrence within 40 days of receiving a
complete application package.
(b) The 40-day processing time period may be extended by the proponent or the MD of
Pincher Creek, through mutual consent.
60.5
DEVELOPMENT AND DESIGN STANDARDS
The MD of Pincher Creek requests that the following antenna systems development and
design standards be adhered to:
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART VIII | 45
(a) Co-utilization
Co-utilization of existing antenna systems is the preferred option within the MD of
Pincher Creek and is encouraged whenever feasible. The MD of Pincher Creek
recognizes that while this is the preferred option, co-utilization of existing antenna
systems is not always possible.
(b) Public Roadway Setbacks
Rural:
(i)
In order to facilitate future widening/service road dedication and reduce potential
snow drifting/sight restrictions, an antenna system (excluding any guy wires or
similar support mechanisms) should be placed no closer than 30.0 metres (98.4
ft.) from the property line abutting a rural road. A lesser setback may be
considered at the discretion of the Development Authority on a site-specific basis.
Hamlet:
(ii) An antenna system (including any guy wires or similar support mechanisms)
proposed within a hamlet should be placed no closer than 7.62 metres (25 ft.)
from the property line abutting the public road. A lesser setback may be
considered at the discretion of the Development on a site-specific basis.
(c) Locational Criteria
(i)
Antenna systems should maintain an adequate setback from hazard lands, as
required in Part VII, Section 35.
(ii) Proponents should consult the MD of Pincher Creek Municipal Development
Plan, to determine whether the proposed location of the antenna system is within
an environmentally significant area. If the proposed site of the antenna systems
is located within an identified environmentally significant area, the proponent
should submit documentation to the Development Authority demonstrating site
suitability.
(iii) The Pincher Creek Airport (CZPC) is vital to fighting forest fires in the region and
integral to future economic development. Further, the Cowley aerodrome
(CYYM) is integral to recreational glider aircraft. It is the preference of the MD of
Pincher Creek that no telecommunication antenna systems be developed within
4000m of either runway to help minimize aeronautical hazard.
(d) Lighting Signage and Appearance
(i)
Antenna structures shall be lit with Transport Canada approved lighting;
(ii) Proponents for antenna structures which are visible from higher density
residential areas may be requested to employ innovative design measures to
mitigate the visual impact of these structures. The proponent shall provide
stealth structure options when requested by the Municipality. Stealth structure
options will be based on an evaluation of the massing, form, colour, material, and
other decorative elements, that will blend the appearance of the facility into and
with the surrounding lands.
(iii) The placement of signage on antenna systems is not permitted, except where
required by applicable federal agencies.
Municipal District of Pincher Creek No. 9
PART VIII | 46
Land Use Bylaw 1349-23
60.6
APPLICATION SUBMITTAL REQUIREMENTS
(a) Proponents are encouraged to contact the MD of Pincher Creek in advance of making
their submission to obtain information about this Protocol and identify any preliminary
issues or concerns.
(b) The following application package shall be submitted to the MD of Pincher Creek for
consideration of a proposed antenna system:
(i)
a completed Telecommunication Antenna Siting Protocol application, including
site plan;
(ii) the prescribed fee;
(iii) a description of the type and height of the proposed antenna system and any guy
wires or other similar support mechanisms (e.g. support cables, lines, wires,
bracing);
(iv) the proposed lighting and aeronautical identification markings for the antenna
and any supporting structures;
(v) documentation regarding potential co-utilization of existing towers within 800
metres (0.5 miles) of the subject proposal; and
(vi) any other additional information or material the Development Authority
determines to be necessary and appropriate to properly evaluate the proposed
submission.
(c) Proposals for freestanding telecommunication antennas shall not be required to
obtain a development permit unless buildings or structures are also proposed in
addition to the antenna system and supporting structures. For such proposals, the
following shall be submitted in addition to the requirements of 60.6(b):
(i)
a completed development permit application;
(ii) the prescribed fee.
60.7
NOTIFICATION AND PUBLIC CONSULTATION PROCESS
(a) Upon receipt of an application package, the Development Authority shall review the
application for completeness and, if deemed complete, will:
(i)
coordinate and schedule a date for a public meeting (open house) to be held by
the proponent, at which the proposal will be presented to the public for questions
and comment;
(ii) notify and invoice the proponent and/or representative of the antenna system of
the costs associated with the public meeting (open house) notification;
(iii) post a notice of the public meeting (open house) in a newspaper, on the MD
website or social media page; and
(iv) notify by mail persons likely to be affected by the proposal of the public meeting
(open house), including:
a.
landowners within 1.61 km (1 mile) of the proposed antenna system;
b.
any review agencies deemed affected, as determined by the Development
Authority;
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART VIII | 47
c.
any other persons deemed affected, as determined by the Development
Authority;
d.
The notifications must be sent 19 days prior to the public meeting date.
(b) Following the public meeting (open house), proponent or a representative shall attend
the development hearing and be prepared to explain all aspects of the proposal
including the siting, technology, and appearance of the proposed antenna system.
SECTION 61
CANNABIS PRODUCTION FACILITY
61.1
The owner or applicant must provide as a condition of development a copy of the current
license for all activities associated with Cannabis production as issued by Health Canada.
61.2
The owner or applicant must obtain any other approval, permit, authorization, consent or
license that may be required to ensure compliance with applicable federal, provincial or
other municipal legislation.
61.3
The development must be done in a manner where all of the processes and functions are
fully enclosed within a stand-alone building.
61.4
The development shall not operate in conjunction with another approved use.
61.5
The development shall not include an outdoor area for storage of goods, materials or
supplies.
61.6
The development must include equipment designed and intended to remove odours from
the air where it is discharged from the building as part of a ventilation system.
61.7
The required distance a development may be from a residential or a public institutional
district, will be at the discretion of the Municipal Planning Commission and be measured
from the building foundation containing the use to the nearest property line of a parcel
designated as a residential or a public institutional district.
61.8
The Development Authority may require, as a condition of a development permit, a Public
Utility and Waste Management Plan, completed by a qualified professional, that includes
detail on:
(a) the incineration of waste products and removal of airborne emissions, including smell;
(b) the quantity and characteristics of liquid and waste material discharged by the facility;
and
(c) the method and location of collection and disposal of liquid and waste material.
61.9
The minimum number of motor vehicle parking stalls shall be based on the parking
requirements of the Manufacturing use found in Section 56.
SECTION 62
RETAIL CANNABIS STORE
Use Eligibility
62.1
Retail Cannabis Stores uses may only be allowed on parcels of land where the use is listed
as either permitted or discretionary in a designated district.
Municipal District of Pincher Creek No. 9
PART VIII | 48
Land Use Bylaw 1349-23
Redesignation Requirements:
62.4
The applicant must submit details of the proposed store location and a detailed listing and
site plan of surrounding business and uses, both on adjacent (contiguous) parcels and
those identified as sensitive sites (as outlined in subsection 62.8 below) within 200 m
(drawn on a high quality and clearly legible site plan with text descriptions).
62.5
The Municipal District of Pincher Creek Council may require neighbourhood consultation
to be conducted by the applicant. If a public consultation process is requested, the
applicant must then provide to Council a description of when and what type of consultation
was carried-out by the proponent and a general summary of the public input provided on
the proposal (and a complete description of any objections or concerns raised).
62.6
Council may take into account the following factors when making a decision respecting an
application to redesignate premises for a Retail Cannabis Store:
(a) the extent and nature of opposition from community members or groups to
establishment of a Retail Cannabis Store in a particular location; and
(b) the suitability of the site in relation to adjacent land uses or other uses in proximity
(200 m or less) to the proposed Retail Cannabis Store site.
62.7
The applicant must demonstrate to Council's satisfaction how the site and proposal
conforms to the criteria as stipulated.
62.8
Council may consider that a site for a Retail Cannabis Store shall not be approved for
redesignation or the issuance of a development permit if the premises parcel boundary is
located within a 200 metre distance of:
(a) the boundary of a parcel of land on which a provincial health care facility is located;
or
(b) the boundary of a parcel of land containing a school (public or private) facility; or
(c) the boundary of a parcel of land containing an approved child or daycare facility; or
(d) the boundary of a parcel of land that is designated as a school reserve or municipal
and school reserve under the Municipal Government Act; or
(e) the boundary of a parcel of land containing a municipal park or playground facility, if
the land is not designated as a school reserve or municipal and school reserve under
the Municipal Government Act; or
(f)
the boundary of the parcel of land of which contains a church, community centre,
library or recreation facility where persons under 18 years of age may attend or
congregate.
62.9
Additionally, a Retail Cannabis Store shall not be approved for a development permit if the
premises is located within the distance of (as measured wall to wall of the buildings):
(a) 100 metres of a building containing a separate Retail Cannabis Store that has been
approved (in the absence of any provincial set of rules regarding how closely the
standalone stores will be allowed to operate to one another, otherwise the provincial
rules apply); and
(b) 50 metres of a building containing a licensed liquor store.
62.10
The specified separation distances are reciprocal and also apply to those described in
subsection 62.8 above applying for development permit locating in proximity of established
Retail Cannabis Stores.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART VIII | 49
Development Permit Application Requirements:
In addition to the development application requirements as stipulated in Part I Section 16 of the of
the Land Use Bylaw, the following additional requirements for an application for a development
permit for a Retail Cannabis Store must also be provided when requested by the Development
Authority to make a decision:
62.11
If a redesignation is granted, the applicant is required to apply to the Alberta Gaming, Liquor
and Cannabis (AGLC) for a determination of eligibility to obtain a licence and submit
verification of the AGLC eligibility as part of the development application for a municipal
development permit for a Retail Cannabis Store.
62.12
All Retail Cannabis Stores approved for a development permit must obtain a Retail
Cannabis Store license from the AGLC and failure to secure an AGLC license will make
the local development permit approval null and void. Proof of provincial license (for a Retail
Cannabis Store) shall be required as a condition of a development permit approval.
Development Criteria and Standards:
62.13
In issuing a development permit for a Retail Cannabis Store, Council will consider and may
place as a condition of approval the following:
(a) A Retail Cannabis Store must be a separate use from any other business activities
(i.e. non-Cannabis store) unless it is an activity or use expressly authorized by the
AGLC.
(b) Maximum hours of operation, applicable to all approved Retail Cannabis Store
operations, shall be limited between 11:00 a.m. and 10:00 p.m. which will be placed
as a condition on a development permit approval, unless the Development Authority
decides otherwise.
(c) All signage, including the contents, must comply with the Land Use Bylaw Part VIII,
Section 55, Sign Provisions, and municipal development permit approval is required.
The applicant/developer is also responsible to ensure any signage and its message
contents comply with all federal and provincial requirements, including AGLC policies.
(d) All parking requirements shall be provided in accordance with Part VIII, Section 56,
Off-Street Parking and Loading Requirements, and shall be deemed to be similar to
other 'Retail store' uses for determining the number and size of the required parking
spaces.
(e) If an approved Retail Cannabis Store's existing AGLC license expires, the business
must provide verification to the municipality that a new license has been obtained
within 12-months of the expiry date, otherwise, the use will be deemed to have been
discontinued and any development permit that may have been issued is no longer
valid and said use may not be recommenced until a new application for a development
permit has been made and a new development permit issued.
(f)
The Development Authority may, as a condition of approval on a development permit,
specify a time limit on the development permit in regards to its validity. At the time of
expiry, the applicant/developer must reapply to the municipality for a development
permit approval to continue the use.
(g) A developer/operator of a Retail Cannabis Store is responsible for meeting and
adhering to all provincial requirements for the physical security for the premises.
(h) The design and construction of a Retail Cannabis Store must meet all provincial
building code requirements.
Municipal District of Pincher Creek No. 9
PART VIII | 50
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Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 1
PART IX - DISTRICTS
AGRICULTURE - A
1.
INTENT
The intent of the Agriculture - A district is to ensure that agricultural land will facilitate agricultural
pursuits while allowing some flexibility to accommodate limited non-agricultural uses in accordance
with the Municipal Development Plan.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 15.1(d)(l) and Section 37)
Accessory use
Extensive agriculture (see Section 15.1(b))
Farm buildings and structures (see Section 15.1(a))
Home occupation (see Section 47)
Manufactured home, singlewide and doublewide (see Section 54)
Modular home
Public utility
Recreational Accommodation, Family (see Section 48 and 15.1(x))
Single-detached residence
Solar energy system, household (see Section 15.1(r))
Wind Energy Conversion System - Category 1 (see Section 57)
2.2
Discretionary Uses
Airstrip
Animal care service, major and minor
Aquaculture
Aquaponics
Auctioning establishment
Big game farm
Cannabis production facility
Cemetery
Club or fraternal organization
Construction/Field/Work Camp (see Section 15.1(e); Section 26)
Existing commercial / Private recreation
Farmer's market
Garden suite (see Section 49)
Group home
Intensive horticultural operation
MET Tower
Moved-in residential building (see Section 54.6 - 54.9)
Moved-in accessory building (see Section 54.6 - 54.9)
Outdoor storage (See Section 2.4 below)
Public and institutional uses
Public park or recreation
Recreational Accommodation, Family limited (see Section 48)
Secondary farm residence
Municipal District of Pincher Creek No. 9
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Land Use Bylaw 1349-23
Secondary suite (see Section 49)
Shipping container (see Section 58)
Shooting range
Sign (see Section 55)
Specialty manufacturing / Cottage industry, minor
Solar energy system, household (see Section 59)
Stockpile (see Section 15.1(o))
Tourist home (see Section 47)
Wind Energy Conversion System - Category 2 (see Section 57)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
2.4
Outdoor Storage Use
A development application which proposes to locate an outdoor storage use within the
boundary of the Burmis Lundbreck Corridor Area Structure Plan:
(a) at a location which, in the opinion of the MPC, is highly visible to the travelling public
from Provincial Highways 3, 3A, 22 or 507; or
(b) at a location which is highly visible to an adjoining or nearby residence, a public park
or recreation use, a commercial / private recreation use or a public and institutional
use;
shall not be approved.
3.
MINIMUM LOT SIZE
All residences:
1.2 ha (3 acres) to a maximum of 4.05 ha (10.00 acres)
Other uses:
1.2 ha (3 acres)
4.
MINIMUM SETBACK REQUIREMENTS
Setbacks from public roadways:
30 m (98.4 ft.)
All other property lines:
7.5 m (24.6 ft.)
Provincial highways:
Minimum distance as set by Alberta Transportation
and may be increased by MPC where warranted
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of
variances as outlined in Section 18.
See Section 57 for setbacks pertaining to WECS.
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
6.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 3
7.
WIND ENERGY CONVERSION SYSTEMS (WECS) DENSITY
See Section 57.
Only one wind turbine allowed per titled parcel within this district.
Municipal District of Pincher Creek No. 9
PART IX | 4
Land Use Bylaw 1349-23
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Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 5
AIRPORT VICINITY PROTECTION - AVP
1.
INTENT
The intent of the Airport Vicinity Protection - AVP district is to:
(a) protect the lands near the airport and ensure all development within this district occurs in a
manner consistent with federal legislation relating to airports and air traffic;
(b) allow only extensive agriculture developments or appropriate commercial, industrial, or
residential development or uses directly related to, or supporting the operations of the airport;
(c) allow for the operations of appropriate federal, provincial, or municipal departments or
agencies.
2.
USES
2.1
Permitted Uses
Airport related buildings and use
Extensive agriculture (see Section 15.1(b))
Recreational Accommodation, Family (see Section 48 and 15.1(x))
Solar energy system, household (see Section 15.1(r))
Stockpile (see Section 15)
2.2
Discretionary Uses
Accessory building under 10.5 m2 (113 ft2) (see Section 36)
Accessory structure (see Section 15.1(d)(l) and Section 37)
Accessory use
Farm buildings and structures (see Section 15.1(a))
Home occupation (see section 47)
Manufactured home, doublewide and singlewide (see Section 54)
Moved-in accessory building (see Section 54.6 - 54.9)
Moved-in residential building (see Section 54.6 - 54.9)
Outdoor storage
Public utility
Secondary suite (see Section 49)
Shipping container (see Section 58)
Sign (see Section 55)
Single-detached residence
Solar energy system, household (see Section 59)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
3.1
Setback Requirements
As required by the Development Authority in consultation with Transport Canada and NAV
Canada.
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Land Use Bylaw 1349-23
3.2
Height Restrictions
As required by the Development Authority in consultation with Transport Canada and NAV
Canada.
3.3
Noise Exposure
The impact of noise on a proposed use may be considered with the assistance of Transport
Canada and NAV Canada.
3.4
Architectural Controls
All proposed buildings shall be subject to Canada Mortgage and Housing Corporation
guidelines, where appropriate.
3.5
Limitation on Development
A maximum of one (1) dwelling unit per lot or parcel will be allowed on lands adjoining the
airport property within the Airport Vicinity Protection district.
4.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 7
CASTLE CARBONDALE RESOURCES - CCR
1.
INTENT
The intent of the Castle Carbondale Resources - CCR district is to identify lands within the
Provincial Forest Reserve, which are under the jurisdiction of Alberta Environment.
2.
USES
2.1
Permitted Uses
All uses and development on Crown land which is carried on by the Crown or its agents.
2.2
Discretionary Uses
All uses and development on lands leased from the Crown are discretionary unless such
uses are permitted uses, or unless such uses do not require a development permit in
accordance with this bylaw.
3.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
The Development Authority shall not issue a development permit for a discretionary use or a
development requiring such a permit unless the use or development has been authorized or
otherwise approved by the Alberta Environment. All development must be serviced to the
satisfaction of the Development Authority.
4.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
5.
MINIMUM SETBACK REQUIREMENTS
Front yard setback
(frontage on public roadway):
30 m (98.4 ft.) (if applicable)
Side yard setback:
7.5 m (24.6 ft.)
Rear yard setback:
7.5 m (24.6 ft.)
Provincial highways:
Minimum distance as set by Alberta Transportation and
may be increased by MPC where warranted
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of
variances as outlined in Section 18.
6.
MAXIMUM BUILDING HEIGHT
2.5 storeys
7.
REFUSE SCREENING AND STORAGE
Refuse and garbage must be kept in a suitably sized container, which must be bear-resistant.
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Municipal District of Pincher Creek No. 9
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PART IX | 9
CASTLE MOUNTAIN RESORT MEDIUM DENSITY RESIDENTIAL - CMMDR
1.
INTENT
The intent of the Castle Mountain Resort Medium Density Residential - CMMDR district is to
facilitate development of resort visitor residential accommodations and other compatible uses.
2.
USES
2.1
Permitted Uses
Accessory structure (see Section 37 and Section 15.1(l))
Country inn (see Section 48.4 - 48.10)
Duplex
Public parks
Single-detached residence
Secondary suite
Semi-detached dwelling
Ski resort facility
Solar energy system, household roof or wall mounted (see Section 15.1(r))
2.2
Discretionary Uses
Accessory building (See Section 36)
Accessory use
Apartment
Multi-unit dwelling
Modular home
Parking facility
Recreational Vehicle / Holiday Trailer Park
Rowhouse or townhouse
Solar energy system, household - freestanding (see Section 59)
Tourist home (see Section 47)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
DEVELOPMENT STANDARDS
3.1
Resort Theme
The resort theme should be evident in the design elements of each development on each
site and accepted by the Castle Mountain Resort Development Committee (or its
equivalent). A copy of their approval must accompany each application to the MD.
3.2
Decks
Decks that are greater than 0.6 m (2 ft.) above the finished grade shall require the same
setbacks as the new buildings.
3.3
Projections
Into yard setbacks shall be as follows:
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Land Use Bylaw 1349-23
Eave overhangs of principal buildings:
0.6 m (2 ft.)
Eave overhangs of accessory buildings:
0.3 m (1 ft.)
Fireplaces and uncovered landings:
0.6 m (2 ft.)
Uncovered patios and decks with a
maximum height above grade of 0.6 m (2 ft.):
Unlimited
Retaining walls and landscaping:
Unlimited
4.
MINIMUM LOT SIZE
Semi-detached dwelling (unsubdivided):
600 m2 (6458.5 ft2)
(subdivided):
300 m2 (3229.5 ft2)
Multi-unit lots:
900 m2 (9687.5 ft2)
Single-detached and Duplex residence:
400 m2 (4305.6 ft2)
All other uses: per the subdivision and development authorities
5.
MAXIMUM BUILDING HEIGHT
Multi-dwelling units:
14 m (45.9 ft.)
All other uses except accessory buildings:
10 m (32.8 ft.)
Accessory buildings: 4.5 m (14.8 ft.)
6.
MINIMUM SETBACKS
The following setbacks apply:
Front yard setback: 2.5 m (8.2 ft.)
Rear yard setback:
2.5 m (8.2 ft.)
Side yard setback:
2.5 m (8.2 ft.)
7.
MINIMUM SEPARATION
Measured from foundations between buildings: 5 m (16.4 ft.)
8.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
9.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
There shall be no parking on the roadways.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 11
CASTLE MOUNTAIN RESORT PUBLIC UTILITY - CMPU
1.
INTENT
The intent of the Castle Mountain Resort Public Utility - CMPU district is to facilitate the appropriate
siting of infrastructure support facilities and other complementary uses in a manner that will
minimize the visual impact of such facilities.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Accessory use
Parking facility
Public parks or recreation
Outdoor recreation use
Outdoor storage
Public utility
Shipping Container (see Section 58)
Ski resort facility
Solar energy system, household wall or roof mounted (see Section 15.1(r))
Wastewater treatment plant
2.2
Discretionary Uses
Solar energy system, household - freestanding (see Section 59)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
DEVELOPMENT STANDARDS
3.1
The resort theme should be evident in the design elements of each development on each
site and accepted by the Castle Mountain Resort Development Committee (or its
equivalent). A copy of their acceptance must accompany each application to the MD.
4.
MAXIMUM BUILDING HEIGHT
All uses: 10 m (32.8 ft.)
5.
MINIMUM SETBACKS
Between structures: 5 m (16.4 ft.)
From lot lines: 1.2 m (4 ft.)
6.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
7.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
There shall be no parking on the roadways.
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PART IX | 13
CASTLE MOUNTAIN RESORT RESIDENTIAL 1 - CMR-1
1.
INTENT
The intent of the Castle Mountain Resort Residential 1 - CMR-1 district is to facilitate redevelopment
of the original residential area of the resort in recognition of development that occurred prior to the
introduction of a development plan and of those buildings that were constructed after introduction
of a development plan but prior to changes in MD land use bylaw standards.
2.
USES
2.1
Permitted Uses
Accessory structure (see Section 37 and Section 15.1(l))
Modular home
Single-detached residence
Ski resort facility
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Accessory building (see Section 36)
Accessory use
Duplex
Moved-in accessory building
Moved-in residential building
Multi-unit dwelling
Parking facility
Secondary suite (see Section 49)
Semi-detached dwelling
Solar energy system, household - freestanding (see Section 59)
Tourist home (see Section 47)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
DEVELOPMENT STANDARDS
3.1
In order to avoid future encroachments resulting from inadequate stakeout procedures,
applicants will be required to provide a Real Property Report (survey) prior to development
proceeding beyond the foundation stage.
3.2
The resort theme should be evident in the design elements of each development on each
site and accepted by the Castle Mountain Resort Development Committee (or its
equivalent). A copy of their acceptance must accompany each application to the MD.
4.
MAXIMUM BUILDING HEIGHT
All uses except accessory buildings:
10 m (32.8 ft.)
Accessory buildings:
4.5 m (14.8 ft.)
Municipal District of Pincher Creek No. 9
PART IX | 14
Land Use Bylaw 1349-23
5.
MINIMUM SETBACKS
5.1
Existing dwelling units:
All separations shall be as indicated on the Plan For Leasehold
Purposes (PLP) BOA surveys diagram #99-5385 TC attached
as Figure 6.
5.2
New dwelling units:
Principal front yard:
1.5 m (4.9 ft.)
Rear yard:
5.0 m (16.4 ft.)
Sideyard:
1.5 m (4.9 ft.)
5.3
In the case of new construction a minimum separation of 5 m (16.4 ft.) between residences
measured from the foundation.
5.4
Decks that are greater than 0.6 m (2 ft.) above the finished grade shall require the same
setbacks as indicated on the Plan for Leasehold Purposes (PLP) or the new dwelling unit,
whichever the case may be.
5.5
Accessory buildings and structures setback:
1.5 m (4.9 ft.)
6.
PROJECTIONS INTO MINIMUM YARD SETBACKS
Unless otherwise provided by the accepted rules of variances as outlined (see Section 18), the
following projections into minimum yard setbacks may be allowed:
Eave overhangs of principal buildings:
0.6 m (2 ft.)
Eave overhangs of accessory buildings:
0.3 m (1 ft.)
Fireplaces and uncovered landings:
0.6 m (2 ft.)
Uncovered patios and decks, the surface of
which is a maximum of 0.6 m (2 ft.) above grade:
Unlimited
Retaining walls and landscaping:
Unlimited
7.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
8.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
There shall be no parking on the roadways.
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Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 15
CASTLE MOUNTAIN RESORT RESIDENTIAL 2 - CMR-2
1.
INTENT
The intent of the Castle Mountain Resort Residential 2 - CMR-2 district is to facilitate development
of the existing, newer residential area of the resort for single-detached residence dwellings and
other compatible uses.
2.
USES
2.1
Permitted Uses
Accessory structure (see Section 37 and Section 15.1(l))
Modular home
Public park and recreation
Secondary suite
Single-detached residence
Ski resort facility
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Accessory building (see Section 36)
Accessory use
Duplex
Moved-in accessory building
Moved-in residential building
Multi-unit dwelling
Parking facility
Secondary suite (see Section 49)
Semi-detached dwelling
Solar energy system, household - freestanding (see Section 59)
Tourist home (see Section 47)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
DEVELOPMENT STANDARDS
3.1
In order to avoid future encroachments resulting from inadequate stakeout procedures,
applicants will be required to provide a Real Property Report (survey) prior to development
proceeding beyond the foundation stage.
3.2
The resort theme should be evident in the design elements of each development on each
site and accepted by the Castle Mountain Resort Development Committee (or its
equivalent). A copy of their acceptance must accompany each application to the MD.
4.
MAXIMUM BUILDING HEIGHT
All uses except accessory buildings:
10 m (32.8 ft.)
Accessory buildings:
Storage facilities are required to be part of the house
Municipal District of Pincher Creek No. 9
PART IX | 16
Land Use Bylaw 1349-23
5.
MINIMUM SETBACKS
5.1
New housing units:
Principal front yard:
2.5 m (8.2 ft.)
Secondary front yard:
2.5 m (8.2 ft.)
Side yard:
2.5 m (8.2 ft.)
Rear yard:
2.5 m (8.2 ft.)
5.2
Minimum separation of 5 m (16.4 ft.) between residences measured from foundation.
5.3
Decks that are greater than 0.6 m (2 ft.) above the finished grade shall require the same
setbacks as the new dwelling unit.
6.
PROJECTIONS INTO MINIMUM YARD SETBACKS
Unless otherwise provided by the accepted rules of variances as outlined (see Section 18), the
following projections into minimum yard setbacks may be allowed:
Eave overhangs of principal buildings:
0.6 m (2 ft.)
Eave overhangs of accessory buildings:
0.3 m (1 ft.)
Fireplaces and uncovered landings:
0.6 m (2 ft.)
Uncovered patios and decks, the surface of
which is a maximum of 0.6 m (2 ft.) above grade:
Unlimited
Retaining walls and landscaping:
Unlimited
7.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
8.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
There shall be no parking on the roadways.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 17
CASTLE MOUNTAIN RESORT SEASONAL RESIDENTIAL - CMSR
1.
INTENT
The intent of the Castle Mountain Resort Seasonal Residential - CMSR district is to facilitate a
planned approach to the relocation and site development of a new recreational vehicle park and
complementary uses.
2.
USES
2.1
Permitted Uses
Accessory structure (see Section 37 and Section 15.1(l))
Public parks or recreation
Public utility
Recreation facility
Recreational accommodation, Commercial Highway (see Section 48)
Ski resort facility
Solar energy system, household wall or roof mounted (see Section 15.1(r))
Wash house
2.2
Discretionary Uses
Accessory building that may consist of ski lockers, storage sheds of less than 10 m2
(107.6 ft2) or similar temporary buildings
Parking facility
Solar energy system, household - freestanding (see Section 59)
Tourist home (see Section 47)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
DEVELOPMENT STANDARDS
3.1
Resort Theme
The resort theme should be evident in the design elements of each development on each
site and accepted by the Castle Mountain Resort Development Committee (or its
equivalent). A copy of their acceptance must accompany each application to the MD.
3.2
Decks
Decks greater than 0.6 m (2 ft.) above the finished grade shall require the same setbacks
as the new buildings.
3.3
Projections
Into yard setbacks shall be as follows:
Eave overhangs of principal buildings:
0.6 m (2 ft.)
Eave overhangs of accessory buildings:
0.3 m (1 ft.)
Fireplaces and uncovered landings:
0.6 m (2 ft.)
Uncovered patios and decks with a
maximum height above grade of 0.6 m (2 ft.):
Unlimited
Retaining walls and landscaping:
Unlimited
Municipal District of Pincher Creek No. 9
PART IX | 18
Land Use Bylaw 1349-23
4.
MINIMUM LOT SIZE
Seasonal Residential Lots: 100 m2 (1076.4 ft2)
5.
MAXIMUM BUILDING HEIGHT
All uses: 10 m (32.8 ft.)
6.
MINIMUM SETBACKS
The following setbacks apply:
Front yard setback: 2.5 m (8.2 ft.)
Rear yard setback:
2.5 m (8.2 ft.)
Side yard setback:
2.5 m (8.2 ft.)
7.
MINIMUM SEPARATION
Measured from foundations between building: 5 m (16.4 ft.)
8.
MINIMUM SEPARATION DISTANCE BETWEEN RECREATIONAL VEHICLE UNITS
8.1
Recreational vehicle units:
Front yard: 1 m (3.3 ft.)
Side yard:
1 m (3.3 ft.)
Rear yard:
1 m (3.3 ft.)
8.2
Measurements shall be from furthest extension of the recreational vehicle.
9.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
10.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
There shall be no parking on the roadways.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 19
CASTLE MOUNTAIN RESORT SKI RESORT CORE - CMSRC
1.
INTENT
The intent of the Castle Mountain Resort Ski Resort Core - CMSRC district is to establish the theme,
character and ambiance of the Castle Mountain Resort. The community core will contain the widest
variety of uses and will function as the service and amenity focal point within the resort.
2.
USES
2.1
Permitted Uses
Accessory structure (see Section 37 and Section 15.1(l))
Amusement facility
Club and fraternal organization
Country inn (see Section 48.4 - 48.10)
Child care service
Hostel
Hotel / Motel
Medical facility
Mixed-use residential
Multi-unit dwelling
Outdoor recreation use
Parking facility
Personal service
Professional, financial, office and business support service
Public and institutional uses
Restaurant
Retail store
Secondary suite (see Section 49)
Ski resort facility
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Accessory building (see Section 36)
Accessory use
Entertainment establishment
Moved-in accessory building
Moved-in residential building
Outdoor storage
Recreational Vehicle / Holiday Trailer Park
Retail Cannabis Store
Shipping Container (see Section 58)
Sign (see Section 55)
Solar energy system, household - freestanding (see Section 59)
Surveillance suite
Tourist home (see Section 47)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
Municipal District of Pincher Creek No. 9
PART IX | 20
Land Use Bylaw 1349-23
3.
DEVELOPMENT STANDARDS
3.1
Resort Theme
The resort theme should be evident in the design elements of each development on each
site and accepted by the Castle Mountain Resort Development Committee (or its
equivalent). A copy of their acceptance must accompany each application to the MD.
3.2
Residential Development
The provision of privacy in residential areas and the avoidance of potential conflict between
adjacent land uses shall be resolved through site design considerations such as building
placement, window locations, visual screening and the adequate buffering and separation
of potentially incompatible areas.
3.3
Decks
Decks greater than 0.6 m (2 ft.) above the finished grade shall require the same setbacks
as the new buildings.
3.4
Projections
Into yard setbacks shall be as follows:
Eave overhangs of principal buildings:
0.6 m (2 ft.)
Eave overhangs of accessory buildings:
0.3 m (1 ft.)
Fireplaces and uncovered landings:
0.6 m (2 ft.)
Uncovered patios and decks with a
maximum height above grade of 0.6 m (2 ft.):
Unlimited
Retaining walls and landscaping:
Unlimited
4.
MAXIMUM BUILDING HEIGHT
All uses except accessory buildings:
14 m (45.9 ft.)
Accessory buildings:
4.5 m (14.8 ft.)
5.
MINIMUM SETBACKS
The following setbacks apply:
Front yard setback: 2.5 m (8.2 ft.)
Rear yard setback:
2.5 m (8.2 ft.)
Side yard setback:
2.5 m (8.2 ft.)
6.
MINIMUM SEPARATION
Measured from foundations between buildings: 5 m (16.4 ft.)
7.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
8.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
There shall be no parking on the roadways.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 21
DIRECT CONTROL - DC
1.
INTENT
The intent of the Direct Control - DC district is to enable land use and development to occur in
areas of special character or circumstance. Proposed developments are subject to the regulations
below and such rules with respect to land generally or specifically as Council may make from time
to time and as described within the policies of the Municipal Development Plan or any other
statutory plan in effect. Pursuant to Part III of this bylaw, all proposals will be received, considered,
and decided upon by Council.
2.
USES
As prescribed by Council.
3.
GENERAL DEVELOPMENT CONDITIONS
3.1
All development and parcel regulations, including but not limited to general parcel
provisions, special land use provisions, parking and loading regulations and sign
regulations shall be at the discretion of Council.
3.2
The design, siting, landscaping, screening and buffering shall minimize and compensate
for any objectionable aspects or potential incompatibility with development in this land use
district or abutting land use districts.
3.3
In evaluating a proposed land use or development, Council shall have regard for, but not
be limited to:
(a) the existing use of the land;
(b) the uses, regulations and development criteria specified in the land use district
superseded by this land use district;
(c) the general and specific regulations as contained elsewhere in this bylaw;
(d) the land use regulations or adjoining land use districts.
3.4
Council shall insure the development complies with the SSRP, Part 17 of the Municipal
Government Act and associated regulations, the MD's Municipal Development Plan, and
any statutory plan in effect.
4.
DEVELOPMENT AGREEMENT
4.1
An applicant may be required to enter into a legal development agreement with the
municipality to ensure that the use and development of land and buildings on the parcel
complies with the approved development plan, as a condition of a development permit
issued pursuant to the Direct Control district.
4.2
The development agreement shall run as a restrictive covenant against the title of the
parcel and shall serve to restrict the development of the land in accordance with the
approved development plan.
Municipal District of Pincher Creek No. 9
PART IX | 22
Land Use Bylaw 1349-23
4.3
The development agreement may also provide that the applicant post security in such form
and amount as may be approved by Council to ensure performance with the terms of the
agreement.
4.4
An agreement made pursuant to this Direct Control district may specify a time period in
which the agreement shall remain in effect.
4.5
An agreement made pursuant to this Direct Control district may specify conditions under
which the agreement shall remain in effect or identify the means by which the use and
development shall be transferred to another district.
5.
NOTICE
Upon receipt of an application for a use in the Direct Control district, the Development Officer shall
cause notice to be given in accordance with sections 19.1(b) and (d).
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 23
GROUPED COUNTRY RESIDENTIAL - GCR
1.
INTENT
The intent of the Grouped Country Residential - GCR district is to accommodate grouped or multi-
lot country residential development in accordance with the Municipal Development Plan.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l)))
Accessory use
Home occupation (see Section 47)
Modular home
Single-detached residence
Solar energy system, household wall or roof mounted (see Section 15.1(r))
Stockpile (see Section 15)
2.2
Discretionary Uses
Farm buildings and structures
Child care service
Garden suite (see Section 49)
Manufactured home, singlewide and doublewide (see Section 54)
Moved-in accessory building (see Section 54.6 - 54.9)
Moved-in residential building (see Section 54.6 - 54.9)
Public and institutional uses
Public park or recreation
Public utility
Secondary suite (see Section 49)
Sign (see Section 55)
Specialty manufacturing / Cottage industry, minor
Solar energy system, household - freestanding (see Section 59)
Tourist home (see Section 47)
Wind Energy Conversion System - Category 1 (see Section 57)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE AND DIMENSIONS
3.1
The minimum lot size for all uses shall be 1.2 ha (3 acres) or as required by the MPC in
accordance with an area structure plan.
3.2
The maximum parcel size shall be 4.05 ha (10 acres).
3.3
The length and width of any lot shall be:
(a) sufficient to ensure compliance with all yard dimensions and setback requirements,
(b) to the satisfaction of the MPC.
Municipal District of Pincher Creek No. 9
PART IX | 24
Land Use Bylaw 1349-23
4.
MINIMUM SETBACK REQUIREMENTS
Front yard internal setback:
30 m (98.4 ft.) (setback from public access or internal
municipal roads that service multi-lot plans of subdivision)
Side yard setback:
7.5 m (24.6 ft.)
Rear yard setback:
15 m (49.2 ft.)
Municipal roads:
30 m (98.4 ft.) Provincial highways: Minimum
distance as set by Alberta Transportation and may be
increased by MPC where warranted
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
See Section 57 for setbacks pertaining to WECS.
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of variance
as outlined in Section 18.
5.
MAXIMUM BUILDING HEIGHT
All uses:
9.5 m (31.1 ft.)
6.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.6.
7.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 25
HAMLET SINGLE-DETACHED RESIDENTIAL 1 - HR-1
1.
INTENT
The intent of the Hamlet Single-Detached Residential - HR-1 district is to provide a district primarily
for the development of conventional single-detached residences on comparatively large lots.
2.
USES
2.1
Permitted Uses
Accessory building less than 80 m2 (861 ft2) (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Home occupation (see Section 47)
Modular home
Single-detached residence
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Accessory building greater than 80 m2 (861 ft2) (see Section 36)
Accessory use
Child care service
Garden suite (see Section 49)
Group home
Moved-in accessory building (see Section 54.6 - 54.9)
Moved-in residential building (see Section 54.6 - 54.9)
Public and institutional uses
Public park or recreation
Public utility
Secondary suite (see Section 49)
Senior citizen housing
Sign (see Section 55)
Solar energy system, household - freestanding (see Section 59)
Tourist home (see Section 47)
Wind Energy Conversion System - Category 1 (see Section 57)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE
An existing or proposed lot shall not be less than:
(a) 464.5 m2 (5,000 ft2) in area if it is serviced or proposed to be serviced with a municipal
water and sewage disposal system;
(b) 1858 m2 (20,000 ft2) lot if it is non-serviced or partially serviced.
4.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
Municipal District of Pincher Creek No. 9
PART IX | 26
Land Use Bylaw 1349-23
5.
MINIMUM SETBACK REQUIREMENTS
Front yard setback
(frontage on public roadway):
6 m (19.7 ft.)
Front yard setback (frontage from
(Provincial highways):
Minimum distance as set by Alberta Transportation and
may be increased by MPC where warranted
Side yard setback:
1.5 m (4.9 ft.)
Rear yard setback:
7.5 m (24.6 ft.)
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
See Section 57 for setbacks pertaining to WECS.
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of
variances as outlined in Section 18.
6.
MINIMUM SETBACK REQUIREMENTS - Accessory Buildings
Front yard setback
(frontage on public roadway):
6 m (19.7 ft.)
Front yard setback
(frontage from Provincial highways):
Minimum distance as set by Alberta Transportation and
may be increased by MPC where warranted
Side yard setback:
1.5 m (4.9 ft.)
Rear yard setback:
1.5 m (4.9 ft.)
7.
MINIMUM FLOOR AREA
Single-detached residence - 74.5 m2 (802 ft2)
8.
MAXIMUM BUILDING HEIGHT
Principal buildings:
8.5 m (27.9 ft.)
Accessory buildings and structures: 4.6 m (15.1 ft.)
Fences and gates:
Shall be constructed in accordance with Sections 37 and 38
9.
MAXIMUM LOT COVERAGE
Principal building:
35 percent
Accessory buildings:
10 percent
Principal and accessory buildings:
45 percent
10.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
11.
LANDSCAPING AND SCREENING
See Section 46. The Development Officer or their designate may determine an exceptional and
excessive accumulation of storage on residential premises to be unsightly. Such premises shall
be reviewed under the guidelines of Unsightly Premises Bylaw as amended.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 27
12.
SERVICING
12.1
All newly subdivided lots and any development proposed for parcels, lots and unserviced
areas shall be required to connect to both the municipal water supply and sewerage system
of the hamlet.
12.2 Developers shall pay any municipal connection fees or infrastructure levies applicable to the
land in relation to the landowner's proportionate share of the cost of the municipality
installing the municipal services.
Municipal District of Pincher Creek No. 9
PART IX | 28
Land Use Bylaw 1349-23
Intentionally Left Blank
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 29
HAMLET RESIDENTIAL 2 - HR-2
1.
INTENT
The intent of the Hamlet Residential 2 - HR-2 district is to provide a district where conventional
single-detached residences are encouraged, and other types of residential development may be
allowed on a selective basis.
2.
USES
2.1
Permitted Uses
Accessory building less than 80 m2 (861 ft2) (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Home occupation (see Section 47)
Modular home
Single-detached residence
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Accessory building greater than 80 m2 (861 ft2) (see Section 36)
Accessory use
Apartment
Child care service
Duplex
Garden suite (see Section 49)
Group home
Manufactured home, singlewide and doublewide (see Section 54)
Moved-in accessory building (see Section 54.6 - 54.9)
Moved-in residential building (see Section 54.6 - 54.9)
Multi-unit dwelling
Public and institutional uses
Public park or recreation
Public utility
Rowhouse or townhouse
Secondary suite (see Section 49)
Semi-detached dwelling
Senior citizen housing
Sign (see Section 55)
Solar energy system, household freestanding (see Section 59)
Tourist home (see Section 47)
Wind Energy Conversion System - Category 1 (see Section 57)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE
3.1
Existing Serviced Lots
The following minimum lot sizes apply to lots that are serviced with municipal water and a
municipal sewage system:
Municipal District of Pincher Creek No. 9
PART IX | 30
Land Use Bylaw 1349-23
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Conventional single-detached residence
15
49.2
30
98.4
450
4844
Singlewide manufactured home
15
49.2
30
98.4
450
4844
Doublewide manufactured home
15
49.2
36
118.4
540
5813
Two-family dwelling
20
65.6
30
98.4
600
6459
Rowhouse or townhouse
- interior unit
- end unit
6
10
19.7
32.8
30
30
98.4
98.4
180
300
1938
3229
Multi-Unit Dwelling
Width, length and area as required by the MPC
All other dwellings including apartments
Width, length and area as required by the MPC
3.2
Proposed Serviced Lots
(a) Proposed lots for single-detached residences in new subdivisions that will be serviced
with a municipal water and sewage system shall be not less than 19 m (62.3 ft.) in
width.
(b) Except for proposed lots for single-detached residences, the lot width of all other
proposed lots shall be in accordance with 3.1 above.
(c) All proposed lots intended to be used for single-detached residences, doublewide
manufactured homes, singlewide manufactured homes, duplexes, semi-detached
dwellings, fourplexes and rowhouses or townhouses shall be not less than 36 m (118
ft.) in depth.
(d) All proposed lots intended for sixplexes, apartments, manufactured home parks and
other dwellings not referred to in 3.2(a), (b) or (c) above shall be to the satisfaction of
the MPC with respect to length, width, area and shape.
3.3
Non-Serviced or Partially Serviced Lots
Lots intended to be used for conventional single-detached residences, doublewide
manufactured homes and singlewide manufactured homes that will not be serviced with
either a municipal water supply or a municipal sewage system shall be not less than
1858 m2 (20,000 ft2) in area.
4.
MINIMUM LOT SIZE VARIANCE - Singlewide Manufactured Homes
Unless otherwise required by the MPC, for the purpose of allowing development of a singlewide
manufactured home on an existing lot or parcel, the MPC may reduce the minimum lot depth of 36
m (118 ft.) and the minimum lot width of 15 m (49.2 ft.) provided that:
(a) a minimum lot width of 12 m (39.4 ft.) is maintained; and
(b) the minimum setback requirements and yard dimensions contained in section 5 of this
district are complied with.
5.
MINIMUM SETBACK REQUIREMENTS - Principal Buildings
5.1
Interior Lots
Where an interior lot abuts a public roadway, all principal buildings and uses shall be
setback in accordance with the following:
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 31
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
Apartments
9.0
29.5
3.0
9.8
8.0
26.2
Conventional single-detached residences,
child care services, doublewide manufactured
homes, duplexes, group homes, moved-in
residential buildings, semi-detached dwellings
6.0
19.7
1.5
4.9
7.5
24.6
Multi-Unit Dwelling, rowhouses or
townhouses, senior citizens housing
6.0
19.7
3.0
9.8
8.0
26.2
Singlewide manufactured homes
6.0
19.7
4.6 m (15.1 ft.)
between homes
and not less
than 1.5 m
(4.9 ft.) side yard
7.5
24.6
5.2
Corner Lots
Setbacks shall be the same as 5.1 above except that the setback from a secondary front
property boundary may be reduced by one-half where the principal building faces the
principal front property boundary in the opinion of the MPC or the Development Officer.
5.3
Prevailing Setbacks
Where development is subject to a 6 m (19.7 ft.) setback from the front property boundary,
the MPC may require a greater or lesser setback where existing development on adjoining
lots in a well-established area has, in the opinion of the MPC, established a predominant
and prevailing setback that differs from the stated setback.
5.4
Setbacks along Highway 6 may be reduced within the Hamlet of Twin Butte subject to
approval from Alberta Transportation.
5.5
See Section 57 for setbacks pertaining to WECS.
6.
MINIMUM SETBACK REQUIREMENTS - Accessory Buildings
Front yard setback
(frontage on public roadway):
6 m (19.7 ft.)
Front yard setback
(frontage from Provincial highways):
Minimum distance as set by Alberta Transportation
and may be increased by MPC where warranted
Side yard setback:
1.5 m (4.9 ft.)
Rear yard setback:
1.5 m (4.9 ft.)
7.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
8.
MINIMUM FLOOR AREA
Unless otherwise required by the MPC, the following minimum gross floor areas apply:
Municipal District of Pincher Creek No. 9
PART IX | 32
Land Use Bylaw 1349-23
Use
Area
m2
ft2
Conventional single-detached dwellings
74.5
802
Duplex, each dwelling unit
65.0
700
Rowhouse or townhouse, each dwelling unit
65.0
700
Singlewide or doublewide manufactured homes
67.0
721
Semi-detached dwelling, each dwelling unit
65.0
700
Other uses
as required by the MPC
9.
MAXIMUM BUILDING HEIGHT
Apartments:
3 storeys
Other principal buildings:
8.5 m (27.9 ft.)
Accessory residential buildings
and accessory buildings:
4.6 m (15.1 ft.)
Fences and gates:
Shall be constructed in accordance with Sections 37 and 38
10.
MAXIMUM LOT COVERAGE
Principal building:
35 percent
Accessory buildings:
10 percent
Principal and accessory buildings:
45 percent
11.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
12.
LANDSCAPING AND SCREENING
See Section 46. The Development Officer or their designate may determine an exceptional and
excessive accumulation of storage on residential premises to be unsightly. Such premises shall
be reviewed under the guidelines of Unsightly Premises Bylaw as amended.
13.
SERVICING
13.1
All newly subdivided lots and any development proposed for parcels, lots and unserviced
areas shall be required to connect to both the municipal water supply and sewerage system
of the hamlet.
13.2 Developers shall pay any municipal connection fees or infrastructure levies applicable to the
land in relation to the landowner's proportionate share of the cost of the municipality
installing the municipal services.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 33
HAMLET MANUFACTURED HOME PARK 3 - HR-3
1.
INTENT
The intent of the Hamlet Manufactured Home Park 3 - HR-3 district is to facilitate either:
(a) the development of serviced manufactured home parks in accordance with an approved
detailed design plan, where each manufactured home site is not subdivided into a separately
titled lot; or
(b) the development of serviced manufactured home subdivisions where each manufactured
home has its own separately titled lot.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Home occupation (see Section 47)
Manufactured home, singlewide and doublewide (see Section 54)
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Accessory use
Child care service
Garden suite (see Section 49)
Public and institutional uses
Public park or recreation
Public utility
Sign (see Section 55)
Solar energy system, household - freestanding (see Section 59)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE
The following minimum lot or site sizes shall apply to each lot or site intended to be occupied by
one manufactured home or any other principal building:
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Singlewide and doublewide manufactured
homes
12.19
40.0
30.48
100
371.61
4000
Other uses
As required by the MPC
Municipal District of Pincher Creek No. 9
PART IX | 34
Land Use Bylaw 1349-23
4.
MINIMUM LOT OR SITE SIZE VARIANCE
4.1
The minimum lot or site width for a singlewide manufactured home may be reduced at the
discretion of the MPC to not less than 12 m (39.4 ft.) provided that:
(a) each corner lot in a manufactured home subdivision or park will remain at least 15 m
(49.2 ft.) in width; and
(b) at least one-half of the lots in a manufactured home park or subdivision shall be not
less than 15 m (49.2 ft.) in width.
4.2
Where a corner lot abuts a public roadway, a residential street or a private roadway in a
manufactured home park, the setbacks for a principal building shall be the same as in 5
below, except that the setback from a secondary front property boundary may be reduced
by one-half where the principal building faces the principal front property in the opinion of
the MPC or the Development Officer.
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
6.
MINIMUM SETBACK REQUIREMENTS - Principal Buildings
Front yard setback:
6 m (19.7 ft.)
Side yard setback:
2.0 m (6.5 ft.)
Side yard setback (singlewide
manufactured home on one side):
6 m (19.7 ft.)
Rear yard setback:
2.29 m (7.5 ft.)
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of
variances as outlined in Section 18.
Note: Accessory buildings shall maintain the same setbacks as the principal building except
that the setback from a rear property boundary shall be 1.5 m (4.9 ft.)
7.
MINIMUM FLOOR AREA
Manufactured homes:
67 m2 (721 ft2)
8.
MAXIMUM BUILDING HEIGHT
Principal buildings:
4.6 m ( 15.1 ft.)
Accessory residential buildings
and accessory buildings:
4.6 m (15.1 ft.)
Fences and gates:
Shall be constructed in accordance with Sections 37 and 38
9.
MAXIMUM LOT COVERAGE
The percentage of a serviced lot that may be covered by principal and/or accessory buildings shall
not exceed 50 percent.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 35
10.
LANDSCAPING AND SCREENING
See Section 46. The Development Officer or their designate may determine an exceptional and
excessive accumulation of storage on residential premises to be unsightly. Such premises shall
be reviewed under the guidelines of Unsightly Premises Bylaw as amended.
11.
PERIMETER FENCING
The perimeter of a manufactured home park or subdivision shall be fenced to the satisfaction of
the Development Authority.
12.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
13.
SERVICING
13.1
All newly subdivided lots and any development proposed for parcels, lots and unserviced
areas shall be required to connect to both the municipal water supply and sewerage system
of the hamlet.
13.2 Developers shall pay any municipal connection fees or infrastructure levies applicable to the
land in relation to the landowner's proportionate share of the cost of the municipality
installing the municipal services.
Municipal District of Pincher Creek No. 9
PART IX | 36
Land Use Bylaw 1349-23
Intentionally Left Blank
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 37
HAMLET COMMERCIAL - HC
1.
INTENT
The intent of the Hamlet Commercial - HC district is to:
(a) facilitate, in an orderly manner, the development or location of downtown commercial uses,
including offices, financial institutions, personal service uses, restaurants and retail stores, as
defined; and
(b) allow, where appropriate, the development or location of other uses, including other
commercial and highway commercial uses.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Accessory use
Automotive sales and service
Drive-in restaurant
Hotel / Motel
Personal service
Professional, financial, office and business support service
Public and institutional uses
Restaurant
Retail store
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Animal care service, minor
Apartment
Auctioning establishment
Child care service
Club or fraternal organization
Dwelling unit as a secondary use to an approved use (see Section 50)
Entertainment establishment
Equipment sales, rental and service
Farmer's market
Fleet and transportation service
Hostel
Medical facility
Mini storage
Mixed use residential
Moved-in accessory building (see Section 54.6 - 54.9)
Parking facility
Public park or recreation
Public utility
Recycling facility
Retail Cannabis Store
Service station
Sign (see Section 55)
Sleeping unit as an accessory use to an approved use (see Section 50)
Municipal District of Pincher Creek No. 9
PART IX | 38
Land Use Bylaw 1349-23
Specialty manufacturing / Cottage industry, minor
Solar energy system, household - freestanding (see Section 59)
Surveillance suite (see Section 50)
Wholesale or storage warehousing
Wind Energy Conversion System - Category 1 (see Section 57)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE
3.1
Existing Serviced Lots
The following minimum lot sizes apply to lots that are serviced or will be serviced with
municipal water and a municipal sewage system:
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Automotive repair and service uses, financial
institutions, offices, personal service uses,
restaurants, retail stores
15
49.2
30.0
98.4
450
4,844
Drive-in restaurants and service stations
30
98.4
36.5
119.7
1400
15,070
All other uses
As required by the MPC
3.2
Partially-Serviced or Non-Serviced Lots
The minimum lot size for lots that are serviced with either municipal water or a municipal
sewage system, or neither shall be as required by the Development Authority.
4.
MINIMUM SETBACK REQUIREMENTS
4.1
Setback Requirements
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
Apartments
9
29.5
3
9.8
8
26.2
Service stations
15
49.2
As required by the MPC
All other uses
0
0
0
0
0
0
See Section 57 for setbacks pertaining to WECS.
4.2
Public Roadway - Corner Lots
Where a corner lot abuts two public roadways, principal building setbacks from property
boundaries shall be as follows:
(a) service station setbacks shall be the same as 4.1 above except that the minimum
setback from a front property boundary applies to both property boundaries;
(b) apartment setbacks shall be the same as 4.1 above except that the setback from the
secondary front property boundary may be reduced by one-half the requirement
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 39
stated in 4.1 above where the principal building faces the principal front property
boundary in the opinion of the MPC or the Development Officer;
(c) where a lot in this district abuts a lot in a residential district, without an intervening
public roadway or lane, the principal and accessory building on the commercial lot
shall be setback from the yard abutting the residential lot equal to or greater than the
setback required for the residential lot;
(d) setbacks along Highway 774 may be reduced within the Hamlet of Beaver Mines
subject to approval from Alberta Transportation;
(e) setbacks along Highway 6 may be reduced within the Hamlet of Twin Butte subject to
approval from Alberta Transportation.
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
6.
MAXIMUM BUILDING HEIGHT - Principal and Accessory Buildings
Apartments:
3 storeys
Other principal buildings:
8.5 m (27.9 ft.)
7.
MAXIMUM LOT COVERAGE
Apartments:
45 percent
All other uses:
80 percent
8.
LANDSCAPING AND SCREENING (see Section 46)
Unless otherwise stated in this bylaw, the Development Authority may require that any side or rear
yard areas that abut a residential district with or without an intervening lane shall be screened to a
height of not less than 1.8 m (5.9 ft.) nor more than 2 m (6.6 ft.) by fences, privacy walls or
landscaping.
9.
REFUSE SCREENING AND STORAGE
9.1
Refuse and garbage shall be kept in suitably sized containers until such time as collection
or disposal is possible.
9.2
Refuse and refuse containers shall be effectively screened and the Development Authority
may require:
(a) that refuse container enclosures to screen refuse and refuse containers are provided
for each principal use; and
(b) those refuse container enclosures are located and designed to the satisfaction of the
Development Authority.
10.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
Municipal District of Pincher Creek No. 9
PART IX | 40
Land Use Bylaw 1349-23
11.
SERVICING
11.1
All newly subdivided lots and any development proposed for parcels, lots and unserviced
areas shall be required to connect to both the municipal water supply and sewerage system
of the hamlet.
11.2 Developers shall pay any municipal connection fees or infrastructure levies applicable to the
land in relation to the landowner's proportionate share of the cost of the municipality
installing the municipal services.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 41
HAMLET GENERAL INDUSTRIAL AND WAREHOUSING - HGIW
1.
INTENT
The intent of the Hamlet General Industrial and Warehousing - HGIW district is to facilitate a wide
range of predominantly light industrial and warehousing uses, and to accommodate, where
possible, other uses which may:
(a) be considered hazardous since they involve operations, processes or substances which
require safety or other precautions;
(b) require special precautions and/or siting to minimize land use conflicts;
(c) require exceptionally large parcels; or
(d) require careful consideration because they require services beyond those which are readily
available.
2.
USES
2.1
Permitted Uses
Accessory structure (see Section 37 and Section 15.1(l))
Agricultural / Industrial machinery sales, rental and service
Automotive sales and service
Construction supply and contractors
Equipment sales, rental and service
Farm supplies and service
Fleet and transportation service
Industrial / Manufacturing
Manufactured home sales and service
Solar energy system, household wall or roof mounted (see Section 15.1(r))
Specialty manufacturing / Cottage industry, minor
Wholesale and storage warehousing
2.2
Discretionary Uses
Accessory building (see Section 36)
Accessory use
Animal care service, major and minor
Auctioning establishment
Autobody and paint shops
Bulk fuel station
Cannabis production facility (see Section 61)
Farmer's market
Intensive horticultural operation
Livestock auctioning establishment
Mini storage
Moved-in accessory building (see Section 54.6 - 54.9)
Outdoor storage
Public and institutional uses
Public park or recreation
Public utility
Recycling facility
Salvage and waste facility
Shipping container (see Section 58)
Municipal District of Pincher Creek No. 9
PART IX | 42
Land Use Bylaw 1349-23
Sign (see Section 55)
Solar energy system, household - freestanding (see Section 59)
Specialty Manufacturing / Cottage Industry, major
Truck stop
Wind Energy Conversion System - Category 1 (see Section 57)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
3.1
Industrial lots facing:
(a) a provincial highway; or
(b) a major arterial roadway maintained by the municipality; or
(c) a non-industrial land use district;
either with or without an intervening roadway or lane shall be developed with building
intensive uses to provide an attractive perimeter to the industrial area. Non-perimeter lots,
or those lots facing other industrial development, shall be developed for land extensive
uses, namely those uses involving extensive exterior storage with relatively small buildings.
3.2
The Development Authority shall ensure that industrial development or lots facing:
(a) a provincial highway; or
(b) a major arterial roadway maintained by the municipality; or
(c) a non-industrial land use district;
are as attractive as possible and that such lots are developed with those uses that are least
likely to have a detrimental impact on adjoining development. Conversely, non-perimeter
industrial lots or those facing other industrial development shall be developed for those
uses which are less attractive and more likely to have a detrimental impact on adjoining
development.
3.3
A use which may have a hazardous impact on adjoining or nearby uses, or a use which
may pose an appearance problem, shall not be approved unless the use is located and/or
developed so that the hazardous or unsightly impact is minimized or eliminated to the
satisfaction of the Development Authority. Without limiting the uses which may have a
hazardous or unsightly impact on nearby or adjoining development, the following uses may
have one or more of these impacts: animal care services - major, autobody and/or paint
shops, bulk fuel station, construction supply and contracts, exterior storage uses, farm
supplies and service, livestock auctioning establishment, natural resource extractive
industries, hazardous industries, public utilities, and salvage or waste disposal facilities.
4.
MINIMUM SETBACK REQUIREMENTS
Front yard setback
(frontage on public roadway):
4.6 m (15.1 ft.)
Front yard setback
(parking area or loading zone between
building and front property line):
16.5 m (54.1 ft.)
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 43
Side yard setback:
3 m (9.8 ft.)
Rear yard setback:
3 m (9.8 ft.)
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
See Section 57 for setbacks pertaining to WECS.
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
6.
MINIMUM LOT SIZE
6.1
The following minimum lot size applies to all lots whether or not they are serviced, partially
serviced or non-serviced:
(a) minimum length - 30 m (98.4 ft.);
(b) minimum width - 30 m (98.4 ft.);
(c) minimum area - 1393.5 m2 (15,000 ft2).
6.2
Where an existing lot or parcel does not provide the minimum lot area or dimensions
prescribed in 6.1 above, the MPC or subdivision authority, for the purpose of allowing
development on that lot, may reduce the minimum area prescribed by not more than 464.5
m2 (5,000 ft2).
6.3
Unless otherwise required by the MPC, the minimum lot size and dimensions for a public
utility shall be the same as 6.1 above.
7.
MAXIMUM BUILDING HEIGHT
Principal and accessory buildings:
15.2 m (49.9 ft.)
Fences and gates:
Shall be constructed in accordance with Section 37 and 38
8.
LANDSCAPING, SCREENING AND LOCATION OF STORAGE (see Section 46)
8.1
Front Yard Landscaping
A landscaped strip not less than 3.6 m (11.8 ft.) shall be provided within the front yard area
of an industrial lot, where that lot faces:
(a) a non-industrial land use district; or
(b) a provincial highway, a service roadway adjoining a provincial highway; or
(c) a major public roadway maintained by the municipality.
8.2
Outdoor Storage and Display
The outdoor display of goods, materials or equipment solely for advertisement purposes
may be allowed by the MPC, but goods, materials and equipment:
(a) shall not be stored in a front yard; and
(b) shall be screened from public view.
Municipal District of Pincher Creek No. 9
PART IX | 44
Land Use Bylaw 1349-23
8.3
Side and Rear Yard Screening
Where the side and/or rear property boundaries of an industrial lot adjoins:
(a) a residential or commercial lot; or
(b) lands that will likely be developed for residential or commercial purposes in the opinion
of the Development Authority;
then the side and/or rear yards of that industrial lot shall be screened to a minimum height
of 1.8 m (5.9 ft.) by fences or landscaping.
9.
REFUSE SCREENING AND STORAGE
9.1
Refuse and garbage shall be kept in suitably-sized containers until such time as collection
or disposal is possible.
9.2
Refuse and refuse containers shall be effectively screened and the Development Authority
may require:
(a) that refuse container enclosures to screen refuse and refuse containers are provided
for each principal use; and
(b) those refuse container enclosures are located and designed to the satisfaction of the
Development Authority.
10.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
11.
SERVICING
11.1
All newly subdivided lots and any development proposed for parcels, lots and unserviced
areas shall be required to connect to both the municipal water supply and sewerage system
of the hamlet.
11.2 Developers shall pay any municipal connection fees or infrastructure levies applicable to the
land in relation to the landowner's proportionate share of the cost of the municipality
installing the municipal services.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 45
HAMLET HIGHWAY COMMERCIAL - HHC
1.
INTENT
The intent of the Hamlet Highway Commercial - HHC district is to:
(a) facilitate and encourage the development of those highway or auto-oriented uses which
provide essential services to the motoring public;
(b) facilitate, where appropriate, the development of those highway-oriented uses which provide
services to commercial traffic;
(c) provide convenient, highway proximate locations for the above uses;
(d) provide a location where other types of development, including non-highway commercial
development, may be allowed on a selective basis, when other locations are not reasonably
available; and
(e) provide standards which endeavour to provide attractive and functional development and
streetscape.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Accessory use
Automotive sales and service
Drive-in restaurant
Hotel / Motel
Restaurant
Service station
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Agricultural / Industrial machinery sales, rental and service
Dwelling Unit as a secondary use to an approved use (see Section 50)
Entertainment establishment
Fleet and transportation service
Hostel
Industrial / Manufacturing
Moved-in accessory building (see Section 54.6 - 54.9)
Personal service
Professional, financial, office and business support service
Public and institutional uses
Public utility
Retail store
Shipping container (see Section 58)
Sign (see Section 55)
Sleeping unit as an accessory use to an approved use (see Section 50)
Solar energy system, household - freestanding (see Section 59)
Specialty manufacturing / Cottage industry, minor
Truck stop
Wind Energy Conversion System - Category 1 (see Section 57)
Municipal District of Pincher Creek No. 9
PART IX | 46
Land Use Bylaw 1349-23
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE - Serviced Lots
3.1
The following lot sizes apply to lots that are serviced or intended to be serviced with
municipal water and a municipal sewage system:
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Agricultural, industrial equipment sales and
service, drive-in restaurants, entertainment
establishments, fleet services, hotels, motels
36.5
120
46.0
151
1679
18,073
Automotive repair and service use,
restaurants, service stations
36.5
120
36.5
120
1332
14,338
Truck stops
120.0
394
46.0
151
5520
59,419
Public and institutional use, public utilities
as required by the MPC
3.2
The MPC may increase the minimum lot sizes established above where a lot or a
development is located adjacent to a provincial highway without a service roadway.
3.3
Un-serviced lots may require an increase in minimum lot size to accommodate septic
treatment at the discretion of MPC and subject to Provincial regulations.
4.
MINIMUM SETBACK REQUIREMENTS - Principal Buildings
4.1
Minimum Setback Requirements
Front yard setback (parking in front yard):
16.5 m (54.1 ft.)
Side yard setback (parking in front yard):
3 m (9.8 ft.)
Rear yard setback (parking in front yard):
3 m (9.8 ft.)
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound
or sleeping units):
attenuation and not considered an unsafe
location
See Section 57 for setbacks pertaining to WECS.
Note: Setbacks along Highway 774 may be reduced within the Hamlet of Beaver Mines
subject to approval from Alberta Transportation.
Note: Setbacks along Highway 6 may be reduced within the Hamlet of Twin Butte
subject to approval from Alberta Transportation.
4.2
Access to Rear Yard
An on-site lane way not less than 6 m (19.7 ft.) in width shall be provided to ensure access
to the rear yard, where a lot is not serviced by a lane so that direct legal access to the rear
yard of the lot is not possible.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 47
4.3
Vehicle-Oriented Uses
The MPC or the Development Officer may require:
(a) a 30 m (98.4 ft.) long queuing aisle for drive-in restaurants;
(b) a 11.5 m (37.7 ft.) long queuing aisle for each pump lane, car wash lane or service
bay associated with a service station or automotive repair and service use;
(c) a 35 m (115 ft.) queuing aisle for each pump lane or service bay associated with a
truck stop.
4.4
Corner Lots
Notwithstanding any requirement of this bylaw, the MPC and the Development Officer shall
endeavour to ensure that a principal building on a corner lot is setback from both front
property boundaries not less than 6 m (19.7 ft.).
4.5
Setbacks Adjacent to a Residential District
Where a lot in this district adjoins a lot in a residential district with or without an intervening
lane, the principal building shall be located at least 4.5 m (14.8 ft.) from the lane way on
the residential lot, whichever distance is greater.
4.6
Landscaped Strip
(a) All lots within this district shall provide a landscaped strip not less than 3 m (9.8 ft.) in
width, and this landscaped strip shall abut the front property boundary of an interior
lot and both front property boundaries of a corner lot.
(b) The 3 m (9.8 ft.) strip referred to above shall not be used to park, store or display any
materials, vehicles, goods, or equipment, but:
(i)
a sign may be located on the strip;
(ii) one or more access driveways may traverse the strip provided that the number
and location of access driveways is to the satisfaction of the Development
Authority.
(c) Any side yard or rear yard areas that abut a residential district with or without an
intervening lane shall be screened to a height of not less than 1.8 m (5.9 ft.) nor more
than 2.0 m (6.6 ft.) by fences, privacy walls or landscaping to the satisfaction of the
Development Authority.
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
6.
MAXIMUM BUILDING HEIGHT
Principal buildings:
10.7 m (35.1 ft.)
Accessory buildings:
10.7 m (35.1 ft.)
Fences, privacy walls and gates:
1 m (3.3 ft.) in all front yards and 2 m (6.6 ft.) in all side
and rear yards
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7.
REFUSE SCREENING AND STORAGE
7.1
Refuse and garbage shall be kept in suitably-sized containers until such time as collection
or disposal is possible.
7.2
Refuse and refuse containers shall be effectively screened and the MPC or the
Development Officer may require that:
(a) refuse container enclosures to screen refuse containers are provided for each
principal use; and
(b) refuse container enclosures are located and designed to the satisfaction of the MPC
or the Development Officer.
8.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
9.
SERVICING
9.1
All newly subdivided lots and any development proposed for parcels, lots and unserviced
areas shall be required to connect to both the municipal water supply and sewerage system
of the hamlet.
9.2
Developers shall pay any municipal connection fees or infrastructure levies applicable to the
land in relation to the landowner's proportionate share of the cost of the municipality
installing the municipal services.
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PART IX | 49
HAMLET PUBLIC AND INSTITUTIONAL - HPI
1.
INTENT
The intent of the Hamlet Public and Institutional - HPI district is to facilitate the development of
public and institutional uses at suitable locations.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Accessory use
Public and institutional uses
Public utility
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Cemetery
Child care service
Clubs and fraternal organization
Group home
Moved-in accessory building (see Section 54.6 - 54.9)
Public park or recreation
Senior citizen housing
Sign (see Section 55)
Solar energy system, household freestanding (see Section 59)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE
An existing or a proposed lot shall be not less than:
(a) 464.5 m2 (5,000 ft2) in an area if it is serviced, or proposed to be serviced with a municipal
water supply and municipal sewage disposal system; or
(b) 1858 m2 (20,000 ft2) in an area if it is non-serviced or partially serviced.
4.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
5.
MINIMUM SETBACK REQUIREMENTS - Principal and Accessory Buildings
Front yard setback:
10 m (32.8 ft.)
Side yard setback:
2.5 m (8.2 ft.)
Rear yard setback:
2.5 m (8.2 ft.)
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
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Land Use Bylaw 1349-23
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of
variances as outlined in Section 18.
6.
MAXIMUM BUILDING HEIGHT
Accessory buildings and structures:
7.5 m (24.6 ft.)
7.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
8.
SERVICING
8.1
All newly subdivided lots and any development proposed for parcels, lots and unserviced
areas shall be required to connect to both the municipal water supply and sewerage system
of the hamlet.
8.2
Developers shall pay any municipal connection fees or infrastructure levies applicable to the
land in relation to the landowner's proportionate share of the cost of the municipality
installing the municipal services.
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PART IX | 51
HAMLET TRANSITIONAL / AGRICULTURAL - HTA
1.
INTENT
The intent of the Hamlet Transitional/Agricultural - HTA district is to:
(a) provide an interim land use classification for lands adjoining the built-up area of a designated
hamlet, which may be subdivided and developed for urban uses in the future, but are presently
essentially agricultural or un-urbanized; and
(b) discourage disorderly, incompatible or premature development and subdivision of lands within
the hamlet's boundary until they are needed or suited for suitable, economical and orderly
urban development.
2.
USES
2.1
Permitted Uses
Accessory structure (see Section 37 and Section 15.1(l)))
Extensive agriculture (see Section 15.1(b))
Farm buildings and structures excluding those for intensive livestock facilities (see Section
15.1(a))
Home occupation (see Section 47)
Modular home
Single-detached residence
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Accessory building (see Section 36)
Accessory use
Cemetery
Child care service
Construction / Field / Work Camp (see Section 15.1(e); Section 26)
Country inn (see Section 48.4 - 48.10)
Garden Suite (see Section 49)
Manufactured home, singlewide and doublewide (see Section 53)
Moved-in accessory building (see Section 54.6 - 54.9)
Moved-in residential building (see Section 54.6 - 54.9)
Public park or recreation
Public and institutional uses
Public utility
Secondary suite (see Section 49)
Shipping container (see Section 58)
Sign (see Section 55)
Solar energy system, household - freestanding (see Section 59)
Tourist home (see Section 47)
Wind Energy Conversion System - Category 1 (see Section 57)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
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Land Use Bylaw 1349-23
3.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS
3.1
The MPC shall not approve a discretionary use in this district if, in the opinion of the MPC,
that use is likely to become a non-conforming use on subsequent reclassification of the
lands.
3.2
The Development Authority shall ensure, to its satisfaction, that all proposed development
is located or developed so that it:
(a) does not conflict with or jeopardize the implementation of an adopted detailed design
plan, or an area structure plan, where either one or both of these affect the lands
which are the subject of a development application;
(b) does not, in the case of a permitted or discretionary use, substantially conflict with the
provisions of the land use district which will likely apply on subsequent reclassification
of the lands.
3.3
Where a detailed design plan or an area structure plan has not been adopted for the lands
that are the subject of a development application, the MPC may require that a detailed
design plan or an area structure plan or both be prepared by the applicant and adopted by
Council before the MPC approves the development application.
4.
MINIMUM SETBACK REQUIREMENTS
Front yard setback
(frontage on a public roadway):
30 m (98.4 ft.) (or at the discretion of the MPC taking into
consideration future designation of property)
Side yard setback:
7.5 m (24.6 ft.)
Rear yard setback:
7.5 m (24.6 ft.)
Provincial highways:
Minimum distance as set by Alberta Transportation
and may be increased by MPC where warranted
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
See Section 57 for setbacks pertaining to WECS.
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of
variances as outlined in Section 18.
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
6.
MINIMUM LOT SIZE
All residences:
1858 m2 (20,000 ft2)
Other uses:
As required by the MPC
7.
MAXIMUM BUILDING HEIGHT
The MPC may limit the height of a principal building, accessory building or accessory structure
where the MPC considers it reasonable and appropriate to do so.
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Land Use Bylaw 1349-23
PART IX | 53
8.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
9.
SERVICING
9.1
All newly subdivided lots and any development proposed for parcels, lots and unserviced
areas shall be required to connect to both the municipal water supply and sewerage system
of the hamlet.
9.2
Developers shall pay any municipal connection fees or infrastructure levies applicable to the
land in relation to the landowner's proportionate share of the cost of the municipality
installing the municipal services.
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PART IX | 55
LANDFILL INDUSTRIAL - LI
1.
INTENT
The intent of the Landfill Industrial - LI district is to encourage environmental protection by directing
the commercial disposal of wastes to approved regional waste sites.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Accessory use
Landfill activity
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Bulk fuel station
Hazardous or offensive industry (see Section 51 & 52)
Industrial / Manufacturing
Outdoor storage
Public utility
Recycling facility
Salvage and waste facility
Shipping container (see Section 57)
Sign (see Section 55)
Solar energy system, household - freestanding (see Section 59)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE
3.1
The minimum lot size and dimensions for public utilities shall be at the discretion of the
MPC, but the minimum lot size and dimensions for all other uses shall be as follows:
(a) minimum length: 60 m (197 ft.)
(b) minimum width:
40 m (131 ft.)
(c) minimum area:
2 ha (4.9 acres)
3.2
The MPC may reduce the minimum area specified in 3.1(c) above, to not less than 0.4 ha
(1 acre) where the MPC is satisfied that the minimum setback requirements of this bylaw
can be met.
4.
MINIMUM SETBACK REQUIREMENTS
4.1
Roadway Setbacks
(a) All principal and accessory buildings shall be setback not less than 50 m (164 ft.) from
the right-of-way of Provincial Highway 505.
(b) Subject to 4.1(a) above, all principal and accessory buildings shall be setback not less
than 30 m (98.4 ft.) from:
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Land Use Bylaw 1349-23
(i)
a public roadway, where that roadway forms or abuts the boundary of this district;
(ii) the statutory roadway lying between Sections 23 and 24 in Township 4, Range
29, West of the 4th Meridian; and
(c) Except for fences and signs, and except as provided in 4.1(a) and (b) above, all
development including parking areas, and the storage or display of goods, equipment,
materials or livestock shall be setback not less than 15 m (49.2 ft.) from the right-of-
way of the roads identified in 4.1(a) and (b) above.
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
6.
MAXIMUM LOT COVERAGE
The maximum percentage of a lot that may be covered by principal and accessory buildings shall
be as required by the Development Authority.
7.
BUILDING HEIGHT
7.1
Principal and Accessory Buildings
The maximum height of all principal and accessory buildings shall be as required by the
Development Authority.
7.2
Fences
Fences and gates shall not be more than 2.3 m (7.5 ft.) in height nor less than 1.8 m (5.9 ft.)
in height from grade unless otherwise required by the Development Authority.
8.
LANDSCAPING, SCREENING AND LOCATION OF STORAGE
8.1
General
See Section 46, Landscaping.
8.2
Landscaping Adjoining Major Roadways
A landscaped strip not less than 15 m (49.2 ft.) shall be provided adjacent to any of the
roadways identified in 4.1 above.
8.3
Front Yard Landscaping
Where a lot or parcel abuts a public roadway other than a roadway referred to in 8.2 above,
the Development Authority may require that a landscaped strip not less than 3.6 m (11.8
ft.) shall be provided adjacent to that public roadway.
8.4
Outdoor Storage and Display
The outdoor display of goods and materials or equipment solely for advertisement
purposes may be allowed by the MPC, but unless otherwise required by the MPC, goods,
materials and equipment:
(a) shall not be stored in a front yard; and
(b) shall be screened from public view.
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Land Use Bylaw 1349-23
PART IX | 57
9.
REFUSE SCREENING AND STORAGE
9.1
Refuse and garbage shall be kept in suitably-sized containers until such time as collection
or disposal is possible.
9.2
Refuse and refuse containers shall be effectively screened.
10.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
11.
ACCESS
See Section 34.
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Municipal District of Pincher Creek No. 9
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MULTI-LOT HEAVY RURAL INDUSTRIAL - MHRI
1.
INTENT
The intent of the Multi-Lot Heavy Rural Industrial (MHRI) district is to facilitate industrial
development which takes advantage of the site and the facilities available in this district.
2.
USES
2.1
Permitted Uses
Accessory structure (see Section 37 and Section 15.1(l)))
Extensive agriculture, excluding farm buildings and structures (see Section 15.1(b))
Outdoor storage
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Accessory building (see Section 36)
Accessory use
Animal care major and minor
Bulk fuel station
Cannabis Production Facility (see Section 61)
Construction / Field / Work Camp (see Section 15.1(e); Section 26)
Farm supplies and service
Hazardous industry (see Section 52)
Intensive horticultural operation
Industrial / Manufacturing
MET Tower
Moved-in accessory building (see Section 54.6 - 54.9)
Natural resource extractive use (see Section 53)
Public utility
Salvage and waste facility
Shipping container (see Section 58)
Sign (see Section 55)
Solar energy system, household - freestanding (see Section 59)
Wind Energy Conversion System - Category 1 and 2 (see Section 57)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE
3.1
The minimum lot size and dimensions for public utilities shall be at the discretion of the
MPC, but the minimum lot size and dimensions for all other uses shall be as follows:
(a) minimum length: 60 m (197 ft.)
(b) minimum width:
40 m (131 ft.)
(c) minimum area:
2 ha (4.9 acres)
3.2
The MPC may reduce the minimum area specified in 3.1(c) above, to not less than 0.4 ha
(1 acre) where the MPC is satisfied that the minimum setback requirements of this bylaw
can be met.
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4.
MINIMUM SETBACK REQUIREMENTS
All other property lines:
7.5 m (24.6 ft.)
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
6.
MAXIMUM LOT COVERAGE
The maximum percentage of a lot that may be covered by principal and accessory buildings shall
be as required by the Development Authority.
7.
BUILDING HEIGHT
7.1
Principal and Accessory Buildings
The maximum height of all principal and accessory buildings shall be as required by the
Development Authority.
7.2
Fences
Fences and gates shall not be more than 2.3 m (7.5 ft.) in height nor less than 1.8 m (5.9 ft.)
in height from grade.
8.
LANDSCAPING, SCREENING AND LOCATION OF STORAGE
8.1
General
See Section 46, Landscaping.
8.2
Landscaping Adjoining Major Roadways
A landscaped strip not less than 15 m (49.2 ft.) shall be provided adjacent to any public
roadways.
8.3
Front Yard Landscaping
Where a lot or parcel abuts a public roadway other than a roadway referred to in 8.2 above,
the Development Authority may require that a landscaped strip not less than 3.6 m (11.8
ft.) shall be provided adjacent to that public roadway.
8.4
Outdoor Storage and Display
The outdoor display of goods and materials or equipment solely for advertisement
purposes may be allowed by the MPC, but unless otherwise required by the MPC, goods,
materials and equipment:
(a) shall not be stored in a front yard; and
(b) shall be screened from public view.
9.
REFUSE SCREENING AND STORAGE
9.1
Refuse and garbage shall be kept in suitably-sized containers until such time as collection
or disposal is possible.
9.2
Refuse and refuse containers shall be effectively screened.
Municipal District of Pincher Creek No. 9
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10.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
11.
ACCESS
See Section 34.
Municipal District of Pincher Creek No. 9
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PARKS AND OPEN SPACE - POS
1.
INTENT
The intent of the Parks and Open Space - POS district is to:
(a) identify where practical, and facilitate the development of public parks and recreation areas;
and
(b) identify where practical, lands dedicated as environmental and municipal and/or school
reserve under the Act, and lands dedicated as community reserve under the previous Act; and
(c) provide a means whereby buffer strips and similar open spaces may be readily identified.
2.
USES
2.1
Reserve Land
Notwithstanding the permitted and discretionary uses listed below, lands dedicated as
environmental or municipal and/or school reserve pursuant to the Act, or community
reserve pursuant to the previous Act, shall be used and administered in accordance with
the Act.
2.2
Permitted Uses
Public park or recreation
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.3
Discretionary Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Accessory use
Golf course
Moved-in accessory building (see Section 54.6 - 54.9)
Public utility
Sign (see Section 55)
Solar energy system, household - freestanding (see Section 59)
2.4
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE
Minimum lot size shall be as required by the MPC.
4.
MINIMUM SETBACK REQUIREMENTS
Front yard setback:
At the discretion of the Development Authority
Side yard setback:
At the discretion of the Development Authority
Rear yard setback:
At the discretion of the Development Authority
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
Municipal District of Pincher Creek No. 9
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6.
MAXIMUM BUILDING HEIGHT
Accessory buildings:
7.5 m (24.6 ft.)
7.
REFUSE SCREENING AND STORAGE
7.1
Refuse and garbage shall be kept in suitably-sized containers until such time as collection
or disposal is possible.
7.2
Refuse and refuse containers shall be effectively screened and the Development Authority
may require:
(a) that refuse container enclosures to screen refuse and refuse containers are provided
for each principal use; and
(b) those refuse container enclosures are located and designed to the satisfaction of the
Development Authority.
8.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
Municipal District of Pincher Creek No. 9
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RURAL BUSINESS - RB
1.
INTENT
The intent of the Rural Business - RB district is to provide for isolated commercial uses on farm
yard locations where commercial uses may be accommodated in the rural areas.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Animal care service, major and minor
Extensive agriculture (see Section 15.1(b))
Farm buildings and structures (see Section 15.1(a))
Home occupation (see Section 47)
Manufactured home, singlewide and doublewide (see Section 54)
Modular home
Personal service
Solar energy system, household wall or roof mounted (see Section 15.1(r))
Single-detached residence
Specialty Manufacturing / Cottage Industry, minor
Wind Energy Conversion System - Category 1 (See Section 57)
2.2
Discretionary Uses
Abattoir
Accessory structure (see Section 37 and Section 15.1(l))
Accessory use
Animal care service, major and minor
Auto body or paint shop
Construction supply and contractors
Dwelling unit as a secondary use to an approved use (see Section 50)
Farmer's market
Garden suite (see Section 49)
Intensive horticultural operation
Mini storage
Moved-in accessory building (see Section 54.6 - 54.9)
Moved-in dwelling (see Section 54.6-54.9)
Outdoor storage
Public utility
Restaurant
Retail store
Secondary suite (see Section 49)
Shipping container (see Section 58)
Sign (see Section 55)
Sleeping unit as an accessory use to an approved use (see Section 50)
Solar energy system, household - freestanding (see Section 59)
Specialty manufacturing / Cottage industry, major
Tourist home (see Section 47)
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2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
2.4
USE REQUIREMENTS:
(a) Prior to the approval of any commercial or industrial use, a dwelling unit must be
established on the parcel;
(b) Commercial and industrial uses shall be located to the rear of the dwelling unit;
(c) Commercial and industrial uses shall directly involve one or more residents of the parcel
involved in the business or operation;
(d) Hours of operation of commercial and industrial uses occurring outside of an enclosed
building shall be limited to between 8:00 a.m. and 7:00 p.m.;
(e) Any outdoor storage associated with a commercial or industrial use shall meet the
building setback requirements for commercial and industrial buildings;
(f) A development application which proposes to locate an outdoor storage use within the
boundary of the Burmis Lundbreck Corridor Area Structure Plan:
(i)
at a location which, in the opinion of the MPC, is highly visible to the travelling
public from Provincial Highways 3, 3A, 22 or 507; or
(ii) at a location which is highly visible to an adjoining or nearby residence, a public
park or recreation use, a commercial / private recreation use or a public and
institutional use;
shall not be approved.
3.
MINIMUM LOT SIZE
All residences:
1.2 ha (3 acres) to a maximum of 4.05 ha (10.00 acres)
Other uses:
1.2 ha (3 acres)
4.
MINIMUM SETBACK REQUIREMENTS
Setbacks from public roadways:
30 m (98.4 ft.)
All other property lines:
7.5 m (24.6 ft.)
Provincial highways:
Minimum distance as set by Alberta Transportation
and may be increased by MPC where warranted
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of
variances as outlined in Section 18.
See Section 57 for setbacks pertaining to WECS.
Municipal District of Pincher Creek No. 9
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5.
MAXIMUM BUILDING HEIGHT
Principal buildings:
10.7 m (35.1 ft.)
Accessory buildings:
10.7 m (35.1 ft.)
Fences, privacy walls and gates:
1 m (3.3 ft.) in all front yards
2 m (6.6 ft.) in all side and rear yards
6.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
7.
LANDSCAPING, SCREENING AND LOCATION OF STORAGE
The outdoor display of goods, materials or equipment solely for advertisement purposes may be
allowed by the MPC, but unless otherwise required by the MPC, foods, material and equipment:
(a) shall not be stored in a front yard; and
(b) shall be screened from public view, to the satisfaction of the MPC.
8.
REFUSE SCREENING AND STORAGE
Unless otherwise required by the MPC or the Development Officer:
(a) refuse or garbage shall be kept in a suitably-sized container or enclosure;
(a) refuse and refuse containers shall be effectively screened; and
(b) refuse and refuse containers shall be located in a rear yard.
9.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
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RURAL HIGHWAY COMMERCIAL - RC
1.
INTENT
The intent of the Rural Highway Commercial - RC district is to provide areas where highway
commercial uses may be accommodated in the rural areas in accordance with the Municipal
Development Plan.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Accessory use
Drive-in restaurant
Hotel / Motel
Restaurant
Service station
Solar energy system, household wall or roof mounted (see Section 15.1(r))
Truck stop
2.2
Discretionary Uses
Animal care service, major and minor
Dwelling unit as a secondary use to an approved use (see Section 50)
Entertainment establishment
Moved-in accessory building (see Section 54.6 - 54.9)
Public utility
Retail store as a secondary use to a permitted or a discretionary use
Shipping container (see Section 58)
Sign (see Section 55)
Sleeping unit as an accessory use to an approved use (see Section 50)
Solar energy system, household - freestanding (see Section 59)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE
Subject to the minimum setback requirements in Section 5 of this district, the following minimum
lot sizes apply:
Use
Width
Length
Area
m
ft.
m
ft.
m2
ft2
Service stations
61
200
45
148
2745
29,548
Truck stops
135
443
50
164
6750
72,659
Other uses
as required by the Development Authority
Municipal District of Pincher Creek No. 9
PART IX | 70
Land Use Bylaw 1349-23
4.
MINIMUM SETBACK REQUIREMENTS
Front yard setback:
30 m (98.4 ft.) (setback from public access or internal
municipal roads that service multi-lot plans of subdivision)
Side yard setback:
15 m (49.2 ft.)
Rear yard setback:
15 m (49.2 ft.)
Provincial highways:
Minimum distance as set by Alberta Transportation
and may be increased by MPC where warranted
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of
variances as outlined in Section 18.
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
6.
LANDSCAPING, SCREENING AND LOCATION OF STORAGE
The outdoor display of goods, materials or equipment solely for advertisement purposes may be
allowed by the MPC, but unless otherwise required by the MPC, foods, material and equipment:
(a) shall not be stored in a front yard; and
(b) shall be screened from public view, to the satisfaction of the MPC.
7.
REFUSE SCREENING AND STORAGE
Unless otherwise required by the MPC or the Development Officer:
(a) refuse or garbage shall be kept in a suitably-sized container or enclosure;
(c) refuse and refuse containers shall be effectively screened; and
(d) refuse and refuse containers shall be located in a rear yard.
8.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 71
RURAL RECREATION 1 - RR-1
1.
INTENT
The intent of the Rural Recreation 1 - RR-1 district is to facilitate the development of commercial /
private recreation uses at selective locations within the municipal district. Land contained within
this district shall be developed in a sensitive fashion to limit or avoid compromising the
municipality's natural attributes, natural aesthetics, and important scenic vistas.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Accessory use
Extensive Agriculture (see Section 15.1(b))
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Commercial / Private recreation
Country inn (see Section 48.4 - 48.10)
Dwelling unit as a secondary use (see Section 50)
Modular home as an accessory use
Moved-in accessory building (see Section 54.6 - 54.9)
Outdoor storage
Recreation facility as an accessory use
Recreational Accommodation, Commercial Highway (see Sections 48.27 - 48.31)
Recreational Accommodation, Family limited (see Section 48.11 - 48.26)
Restaurant as an accessory use
Retail store as an accessory use
Sign (see Section 55)
Single-detached residence as an accessory use
Sleeping unit as an accessory use (see Section 50)
Solar energy system, household - freestanding (see Section 59)
Tourist home (see Section 47)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MINIMUM LOT SIZE
Minimum lot dimensions shall be to the satisfaction of the MPC.
4.
MINIMUM SETBACK REQUIREMENTS - All Buildings
Setbacks from public roadways:
30 m (98.4 ft.)
All other property lines:
7.5 m (24.6 ft.)
Provincial highways:
Minimum distance as set by Alberta Transportation
and may be increased by MPC where warranted
Municipal District of Pincher Creek No. 9
PART IX | 72
Land Use Bylaw 1349-23
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
Multi-lot Heavy Rural Industrial District
(application: residence, dwelling
300 m (984 ft.)
or sleeping units):
All existing residential dwellings:
300 m (984 ft.)
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of
variances as outlined in Section 18.
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
6.
MAXIMUM BUILDING HEIGHT
8.5 m (27.9 ft.)
7.
ARCHITECTURAL CONTROL
The Development Authority may require that the exterior of any building, development, or structure,
including accessory buildings and structures shall be finished in unobtrusive natural earth-tone
colours.
8.
REFUSE SCREENING AND STORAGE
8.1
Refuse and garbage shall be kept in suitably-sized containers and it shall be effectively
screened until such time as collection or disposal is possible.
8.2
As a condition of approval, the refuse containers may be required to be bear-proof.
9.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 73
RURAL RECREATION 2 - RR-2
1.
INTENT
The intent of the Rural Recreation 2 - RR-2 district is to facilitate the development of single-
detached residence or similar fixed roofed structures providing for recreational accommodation.
2.
USES
2.1
Permitted Uses
Accessory structure (see Section 37 and Section 15.1(l))
Extensive Agriculture
Modular home
Single-detached residence
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Accessory building (see Section 36)
Accessory use
Commercial / Private recreation
Home occupation (see Section 47)
Manufactured home, singlewide and doublewide (see Section 54)
Moved-in accessory building (see Section 54.6 - 54.9)
Moved-in residential building (see Section 54.6 - 54.9)
Outdoor storage
Public utility
Recreational Accommodation, Commercial Resort (See 48.27-48.31)
Recreation facility
Retail store
Sign (see Section 55)
Solar energy system, household - freestanding (see Section 59)
Tourist home (see Section 47)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above or contained in the sections of this district below.
3.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS - General
3.1
Residential development, including replacement dwellings or manufactured homes, shall
not be allowed unless:
(a) the Development Authority is satisfied that satisfactory arrangements have been
made for sewage disposal and water supply; and
(b) a soil test, near surface water table test and a percolation test are provided to the
satisfaction of the Development Authority; and
(c) a detailed site plan is submitted providing: lot size, number of lots, configuration of the
lots, road system, the provision of water supply, treatment of sewer;
(d) that all refuse and garbage shall be kept in suitably-sized containers and it shall be
effectively screened until such time as collection or disposal is possible; and
(d) any other information the Development Authority considers appropriate.
Municipal District of Pincher Creek No. 9
PART IX | 74
Land Use Bylaw 1349-23
3.2
Minimum site size - as required by the Development Authority.
3.3
All existing residential dwellings that are not part of the development:
300 m (984 ft.)
4.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS - Lee Lake
Maximum Dwelling Units: 55 within this area
4.1
Permitted Uses
All those permitted uses listed in 2.1 of this district
4.2
Discretionary Uses - All those listed in 2.2 of this district.
4.3
Setback Requirements
Setback from private roadway,
other than a driveway:
16 m (52.5 ft.) from the centerline of the roadway
Setback from side site boundary:
2.4 m (7.9 ft.)
Setback from the property boundary: As required by the Development Authority
Setback from public roadway:
30 m (98.4 ft.)
4.4
Maximum Building Height
Residences or dwellings:
8.5 m (27.9 ft.)
Accessory buildings:
4.6 m (15.1 ft.)
Other buildings:
As required by the Development Authority
Fences and gates:
Shall generally be discouraged
5.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS - Castle View Ridge
5.1
Permitted Uses
All those permitted uses listed in 2.1 of this district
Basements
5.2
Discretionary Uses
Recreation Vehicle/Holiday Trailer on Lots 1-9, Block 4, Plan 0815791 inclusive (see Figure
7)
5.3
Prohibited Uses
Accessory buildings except attached garages are not allowed in the Castle View Ridge.
5.4
Maximum Dwelling Units
To a maximum of 77 units within this area.
5.5
Setback Requirements
Setback from front site boundary:
6.5 m (21.3 ft.)
Setback from side site boundary:
1.5 m (4.9 ft.)
Setback from rear site boundary:
6.5 m (21.3 ft.)
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 75
5.6
Maximum Building Height:
Maximum building height is 6.42 m (21.0 ft.) measured from the average grade of the lot.
5.7
Building Size and Coverage
Minimum building size:
60 m2 (642 ft2)
Total maximum area for all buildings,
driveways, decks and associated structures:
33% of total lot area
5.8
Fences and Gates
Front yard: fences in the front yard are prohibited
Rear yard:
maximum 1.8 m (5.9 ft.) in height
6.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS - Beauvais Lake
6.1
Permitted Uses
All those listed in 2.1 of this district.
6.2
Discretionary Uses
Docks (require license of occupation from Alberta Environment and be approved by the
Conservation Officer)
Fences (must be approved by the Conservation Officer)
Outdoor fire pits (must be approved by the Conservation Officer)
6.3
Prohibited Uses
Manufactured home and any similar moveable dwelling unit proposed as principal
dwelling.
6.4
Lot Coverage
Total maximum area for all buildings: 145 m2 (1561 ft2)
Maximum cottage building area:
93 m2 (1000 ft2)
Minimum cottage building area:
37 m2 (400 ft2)
6.5
Setback Requirements
Setback from front lease boundary:
5 m (16.4 ft.) excluding uncovered decks which
may be built to the lease boundary
Setbacks from rear lease boundary:
9 m (29.5 ft.) for all buildings except where an
access easement abuts the rear boundary
allowing all accessory structures to be built 3 m
(9.8 ft.) from the rear lease boundary
Setbacks from side lease boundary:
minimum 3 m (9.8 ft.) on one side and 2 m (6.6 ft.)
on the opposite side
6.6
Maximum Building Height
Principal building:
6.1 m (20 ft.) lakeside - measured on north elevation (roadside) from
existing grade to roof peak
4.9 m (16 ft.) upper half of lot - measured on north elevation
(roadside) from existing grade to roof peak
Municipal District of Pincher Creek No. 9
PART IX | 76
Land Use Bylaw 1349-23
7.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS - The Silos being a portion of
the SW 16-3-29 W4M
7.1
Permitted Uses - None of those listed in 2.1 of this district.
Three grain bins converted as accommodation to a campground use
One grain bin converted as a gazebo/barbeque accessory to a campground use
7.2
Discretionary Uses - None of those listed in 2.2 of this district.
7.3
Lot Coverage, Setback Requirements, Maximum Building Height, and Parking
As required by the Development Authority
8.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS - River Bend Ranch Houses
being a portion of Lot 1 Block 1 Plan 1911330 within the NE 20-6-1 W5M
8.1
Permitted Uses - None of those listed in 2.1 of this district.
8.2
Discretionary Uses - None of those listed in 2.1 of this district.
1 Shipping container
5 grain bins converted as accommodation to a recreational use
8.3
Lot Coverage, Setback Requirements, Maximum Building Height, and Parking
As required by the Development Authority
9.
USE RESTRICTIONS AND DEVELOPMENT REQUIREMENTS - Canadian Wilderness
Recreation (CWR) Boat Club Society located on Parcel "A", SW¼-36-7-1-W5M
9.1
The commercial private recreation use located on Parcel "A", SW¼-36-7-1-W5M
commonly known as the Canadian Wilderness Recreation (CWR) Boat Club Society may
be allowed to undertake the year-round storage of recreational vehicles (RVs) and related
vehicles (i.e. boats) on individual sites.
RV AREA
LONG TERM RV USE
December 06, 2018 N:\Pincher-Creek-MD\Pincher-Creek-MD LUD & Land Use Redesignations\MD of Pincher Creek LUB 1289-18 - November 13 2018.dwg
CASTLE VIEW RIDGE LOT PATTERNS
MAP PREPARED BY:
OLDMAN RIVER REGIONAL SERVICES COMMISSION
3105 16th AVENUE NORTH, LETHBRIDGE, AB T1H 5E8
"NOT RESPONSIBLE FOR ERRORS OR OMISSIONS"
OLDMAN
RIVER
REGIONAL
SERVICES
COMMISSION
FIGURE 7
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 77
URBAN FRINGE - UF
1.
INTENT
The intent of the Urban Fringe - UF district is to:
(a) continue extensive agricultural use of lands surrounding urban municipalities and designated
hamlets until the lands are needed for urban expansion; and
(b) discourage the development and the fragmentation of land which may compromise the logical,
orderly and economic expansion of urban boundaries; and
(c) discourage uses and development which would conflict with those in the adjoining urban
community; and
(d) provide coordinated and mutually satisfactory management of land uses in consultation with
the adjoining urban municipality;
(e) implement the Intermunicipal Development Plans surrounding the Town of Pincher Creek and
Village of Cowley.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Accessory use
Extensive agriculture (see Section 15.1(b))
Farm buildings and structures (see Section 15.1(a))
Manufactured homes, singlewide and doublewide (see Section 54)
Recreational Accommodation, Family (see Section 48 and 15.1(x))
Single-detached residence
Solar energy system, household wall or roof mounted (see Section 15.1(r))
2.2
Discretionary Uses
Animal care major and minor
Cemetery
Existing commercial / Private recreation
Outdoor storage
Garden suite (see Section 49)
Home occupation (see Section 47)
Intensive horticultural operation
Moved-in accessory building (see Section 54.6 - 54.9)
Moved-in residential building (see Section 54.6 - 54.9)
Public and institutional uses
Public park or recreation
Public utility
Recreational Accommodation, Family limited
Secondary suite (see Section 49)
Shipping container (see Section 58)
Sign (see Section 55)
Solar energy system, household - freestanding (see Section 59)
Tourist home (see Section 47)
Wastewater treatment plant
Wind Energy Conversion System - Category 1 (see Section 57)
Municipal District of Pincher Creek No. 9
PART IX | 78
Land Use Bylaw 1349-23
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or discretionary
use listed above.
3.
MANDATORY REFERRAL - Adjoining Urban Municipality
Except where a development permit is not required or a permitted use, the Development Officer or
the MPC shall:
(a) refer all development applications in this district to the adjoining urban municipality;
(b) in the case of an application made in the Town of Pincher Creek Urban Fringe, the application
may also be forwarded to the Intermunicipal Development Plan Committee for comment.
4.
MINIMUM SETBACK REQUIREMENTS
Front yard setback
(frontage on public roadway):
30 m (98.4 ft.)
Side yard setback:
7.5 m (24.6 ft.)
Rear yard setback:
7.5 m (24.6 ft.)
Provincial highways:
Minimum distance as set by Alberta Transportation
and may be increased by MPC where warranted
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
See Section 57 for setbacks pertaining to WECS.
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of
variances as outlined in Section 18.
5.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
6.
MINIMUM LOT SIZE
All residences:
1.2 ha (3 acres)
Other uses:
1.2 ha (3 acres)
7.
MAXIMUM BUILDING HEIGHT
The Development Authority may limit the height of a principal building, accessory building or
accessory structure where the Development Authority considers it reasonable and appropriate.
8.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
Municipal District of Pincher Creek No. 9
Land Use Bylaw 1349-23
PART IX | 79
WIND FARM INDUSTRIAL - WFI
1.
INTENT
The intent of the Wind Farm Industrial - WFI district is to ensure that agricultural land will facilitate
agricultural pursuits while allowing flexibility to accommodate wind farm development in
accordance with the Municipal Development Plan.
2.
USES
2.1
Permitted Uses
Accessory building (see Section 36)
Accessory structure (see Section 37 and Section 15.1(l))
Accessory use
Extensive agriculture (see Section 15.1(b))
Farm buildings and structures (see Section 15.1(a))
Home occupation (see Section 47)
Public utility
Recreational Accommodation, Family (see Section 48 and 15.1(x))
Single-detached residence
Solar energy system, household wall or roof mounted (see Section 15.1(r))
Wind Energy Conversion System - Category 1 (see Section 57)
2.2
Discretionary Uses
Cannabis production facility
Garden Suite (see Section 49)
Intensive horticultural operation
Moved-in accessory building (see Section 54.6 - 54.9)
Moved-in residential building (see Section 54.6 - 54.9)
MET Tower
Outdoor storage
Recreational Accommodation, Family limited
Secondary farm residence
Secondary suite (see Section 49)
Shipping container (see Section 58)
Sign (see Section 55)
Solar energy system, commercial/industrial (see Section 59)
Solar energy system, household freestanding (see Section 59)
Tourist home (see Section 47)
Wind Energy Conversion System - Category 2 and 3 (see Section 57)
2.3
Prohibited Uses
All uses not deemed similar by the Development Authority to any permitted or
discretionary use listed above.
Municipal District of Pincher Creek No. 9
PART IX | 80
Land Use Bylaw 1349-23
3.
MINIMUM SETBACK REQUIREMENTS
Setbacks from public roadways:
30 m (98.4 ft.)
All other property lines:
7.5 m (24.6 ft.)
Provincial highways:
Minimum distance as set by Alberta Transportation
and may be increased by MPC where warranted
Railways
(application: residence, dwelling
40 m (131 ft.) or less if mitigated by sound attenuation
or sleeping units):
and not considered an unsafe location
Note: Setbacks can be varied by the MPC if they meet the generally accepted rules of
variances as outlined in Section 18.
See Section 57 for setbacks pertaining to WECS.
4.
ENVIRONMENTAL SETBACKS AND SEPARATION DISTANCES
See Sections 35, 44 and 45.
5.
OFF-STREET PARKING AND LOADING REQUIREMENTS
See Section 56.
6.
WIND ENERGY CONVERSION SYSTEMS (WECS) DENSITY
See Section 57.
Multiple wind turbines allowed per titled parcel within this district.
7.
LANDSCAPING
See Section 46.
APPENDIX A
MAPS