Town of Nobleford Land Use Bylaw No. 614 (Feb 2010, Consolidated to Bylaw No. 675, Feb 2022)

Nobleford, Alberta · No. 614 · summary & facts

This is the exact embedded text of the captured official document. Snapshot f93cffdd47e1 · verified 2026-09-27 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

Town of Nobleford Land Use Bylaw No. 614 February 2010 Consolidated to Bylaw No. 675, February 2022 Prepared by Town of Nobleford Land Use Bylaw No. 614 Amendments - Page 1 Town of Nobleford Land Use Bylaw No. 614 - Amendments Bylaw No. Amendment Description Legal Description Passed 619 "Rural Agricultural - RA" and "Rural Urban Fringe - RUF" to "Public - P"; "Rural Urban Fringe - RUF" to "Commercial/ Industrial - CI"; "Urban Reserve - UR" to "Small Lot Residential - R2" and "Multi-Unit Residential - R3" Plan 7610314, Sites B, C, D (Lagoon Site) and Plan 707JK Portions of SE 10-11-23-W4M Portion of Lot 2, Block 17, Plan 0610179 and Lots 1 & 2, Block 18, Plan 0612601 and Lot 15, Block 18, Plan 0914115 21-Jun-2011 628 Amendments to Schedules 2 and 4 to provide lesser or reduced dimensions for minimum lot sizes in the "Residential - R1" district and the requirement for provision of driveways/parking pads allowing for two parking stalls for residential lots 15-Apr-2014 629 "Public - P", "Multi-unit Residential - R3", and "Small Lot Residential - R2" to "Residential - R1" "Multi-unit Residential - R3 to "Residential - R1" "Multi-unit Residential - R3 to Residential - R1" "Small Lot Residential - R2" to "Residential - R1" Portions of Lot 2, Block 17, Plan 0610179 Lot 1, Block 18, Plan 0612601 Lot 2, Block 18, Plan 0612601 Portion of Lot 15, Block 18, Plan 0914115 15-Apr-2014 631 Same as above with following correction: "Multi-unit Residential - R3 to "Residential - R1" Portion of Lot 1, Block 18, Plan 0612601 6-May-2014 633 Amendments to front yard setbacks, lot coverage allowances and minimum yard setbacks in the "Residential - R1", "Small Lot Residential - R2" and "Multi-Unit Residential - R3" districts 20-Jun-2016 634 Replace Appendix D and Appendix E with a new combined Development Authority, Subdivision Authority and Municipal Planning Commission Bylaw 20-Jun-2016 638 "Urban Reserve - UR" to "Residential - R1" and "Public - P" Portion of SW¼ 2-11-23-W4M 3-Jan-2017 647 Various text amendments to clarify the role of approval authorities relating to the development process and subdivision process, update administrative processes and timelines for determining complete applications and issuing notification for development and subdivision, update appeal timelines, update irrelevant wording, and update and enhance other administrative requirements for clarity and ease of use 4-Sep-2018 648 Various text amendments to define and regulate cannabis related land uses and add Appendix E, Cannabis Retail Sales Setback Buffer Map 4-Sep-2018 665 "Residential - R1" to "Residential - R3" Lots 6-10, Block 3, Plan 4888AB 23-Jun-2020 667 Amendment to define intermodal containers, add intermodal containers as a use into land use districts and provide regulations to manage the placement, duration, and quantity of intermodal containers on a lot. 2-March-2021 675 "Commercial / Industrial - CI" to "Public - P" Ptn. SE 10-11-23 W4M 8-Feb-2022 TABLE OF CONTENTS Page ADMINISTRATIVE TITLE ................................................................................................................................. 1 DATE OF COMMENCEMENT ............................................................................................ 1 REPEAL OF FORMER LAND USE BYLAW ........................................................................... 1 AMENDMENT OF BYLAW ................................................................................................. 1 DEFINITIONS .................................................................................................................... 1 DESIGNATED OFFICER ...................................................................................................... 1 MUNICIPAL PLANNING COMMISSION ............................................................................. 2 APPLICATION FEES ........................................................................................................... 2 APPENDICES ..................................................................................................................... 2 METRIC STANDARDS ........................................................................................................ 2 CONTRAVENTION OF BYLAW .......................................................................................... 2 LAND USE DISTRICTS & DEVELOPMENT IN GENERAL LAND USE DISTRICTS ........................................................................................................ 2 DEVELOPMENT IN MUNICIPALITY GENERALLY ................................................................ 3 NON-CONFORMING USES AND BUILDINGS ..................................................................... 3 NUMBER OF DWELLINGS ON A LOT ................................................................................ 4 SUITABILITY OF SITES ....................................................................................................... 4 DEVELOPMENT AGREEMENTS ......................................................................................... 5 DEVELOPMENT PERMITS DEVELOPMENT PERMIT APPLICATIONS .......................................................................... 5 DETERMINING COMPLETENESS OF DEVELOPMENT PERMIT APPLICATIONS .................. 5 PERMITTED USE APPLICATIONS ....................................................................................... 6 DISCRETIONARY USE APPLICATIONS ............................................................................... 8 APPLICATIONS REQUESTING WAIVERS OF BYLAW PROVISIONS ..................................... 8 SIMILAR USE APPLICATIONS ............................................................................................ 9 TEMPORARY USE APPLICATIONS ..................................................................................... 9 NOTIFICATION OF PERSONS LIKELY TO BE AFFECTED ..................................................... 10 DEVELOPMENT DECISION DECISION PROCESS .......................................................................................................... 10 NOTICE OF DECISION FOR DEVELOPMENT PERMITS ISSUED .......................................... 11 Page DEEMED REFUSAL / FAILURE TO MAKE A DECISION ....................................................... 11 REAPPLICATION ............................................................................................................... 12 VALIDITY OF DEVELOPMENT PERMIT COMMENCEMENT OF DEVELOPMENT ............................................................................ 12 PERMIT VALIDITY ............................................................................................................. 12 SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT ..................................... 13 ENFORCEMENT PROCESS STOP ORDER .................................................................................................................... 13 APPEAL PROCEDURE ........................................................................................................ 13 APPEAL HEARING ............................................................................................................. 14 DECISION OF THE BOARD ................................................................................................ 14 LAND USE BYLAW AMENDMENTS AMENDMENTS TO THE LAND USE BYLAW ...................................................................... 15 LAND USE REDESIGNATION APPLICATION REQUIREMENTS ........................................... 15 REDESIGNATION CRITERIA ............................................................................................... 16 SUBDIVISION SUBDIVISION AUTHORITY - POWERS AND DUTIES ......................................................... 17 SUBDIVISION APPLICATION ............................................................................................. 17 DETERMINATION OF COMPLETE SUBDIVISION APPLICATION ........................................ 18 SCHEDULES: Schedule 1 - LAND USE DISTRICTS .............................................................................. 21 Schedule 2 - LAND USE DISTRICT REGULATIONS RESIDENTIAL - R1 ........................................................................... 23 SMALL LOT RESIDENTIAL - R2 ......................................................... 27 MULTI-UNIT RESIDENTIAL - R3 ...................................................... 31 COTTAGE INDUSTRY RESIDENTIAL - R4 ......................................... 35 DOWNTOWN COMMERCIAL - DTC ................................................ 39 COMMERCIAL / INDUSTRIAL - CI ................................................... 41 PUBLIC - P ....................................................................................... 43 Page DIRECT CONTROL - DC ................................................................... 45 URBAN RESERVE - UR..................................................................... 47 Schedule 3 - DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ................ 49 Schedule 4 - STANDARDS OF DEVELOPMENT ............................................................ 51 Schedule 5 - MODULAR AND READY-TO-MOVE (RTM) HOUSING ............................. 61 Schedule 6 - MOVED-IN BUILDING STANDARDS ........................................................ 63 Schedule 7 - HOME OCCUPATIONS ............................................................................ 65 Schedule 8 - SIGN REGULATIONS ............................................................................... 69 Schedule 9 - DEFINITIONS .......................................................................................... 77 APPENDIX A - LAND USE BYLAW FEE SCHEDULE APPENDIX B - FORMS Residential Development Permit Application Non-Residential Development Permit Application Home Occupation Development Permit Application Development Permit - Sign Application Building Removal Form Notice of Decision Development Permit Notice of Appeal Notice of Development Hearing Application for a Land Use Bylaw Amendment APPENDIX C - DOG CONTROL BYLAW APPENDIX D - DEVELOPMENT AUTHORITY, SUBDIVISION AUTHORITY AND MUNICIPAL PLANNING COMMISSION BYLAW NO. 634 APPENDIX E - CANNABIS RETAIL SALES SETBACK BUFFER MAP Town of Nobleford Land Use Bylaw No. 614 Page 1 TOWN OF NOBLEFORD LAND USE BYLAW NO. 614 ADMINISTRATION TITLE 1. This bylaw may be cited as the "Town of Nobleford Land Use Bylaw". DATE OF COMMENCEMENT 2. This bylaw shall come into effect upon third and final reading thereof. REPEAL OF FORMER LAND USE BYLAW 3. Bylaw No. 561, being the current Land Use Bylaw of the Town of Nobleford is repealed upon third and final reading of this bylaw. AMENDMENT OF BYLAW 4. The Council may amend this bylaw at any time in accordance with the procedures detailed in Section 692 of the Act. DEFINITIONS 5. For definitions, refer to Schedule 9 of this bylaw. DESIGNATED OFFICER 6. The office of "Designated Officer" is established in the Town of Nobleford Development Authority, Subdivision Authority and Municipal Planning Commission Bylaw No. 634. 7. The Council shall, by resolution, appoint a person to the office of Designated Officer. 8. The Designated Officer may perform only such powers and duties as are specified in this bylaw or by resolution of Council. 9. The Designated Officer is responsible for: (a) receiving, determining completeness, processing, deciding upon and, as appropriate, referring all applications for a development permit in accordance with this bylaw; (b) maintaining a register of all applications together with their disposition and other relevant details. Page 2 Town of Nobleford Land Use Bylaw No. 614 MUNICIPAL PLANNING COMMISSION 10. The Municipal Planning Commission may perform only such powers and duties as are specified: (a) in the Town of Nobleford Development Authority, Subdivision Authority and Municipal Planning Commission Bylaw No. 634; (b) in this bylaw, including the powers in Section 9; or (c) by resolution of Council. APPLICATION FEES 11. Application fees are prescribed by Council under a separate bylaw and are found in Appendix A. 12. Refund or adjustment of prescribed fees requires the approval of Council. 13. Whenever an application is received for a development or use not listed in the fee schedule, the amount of the fee shall be determined by the Designated Officer or the Municipal Planning Commission and shall be consistent with those fees listed in the schedule. APPENDICES 14. Appendices A through E attached hereto are for information purposes only and do not form part of this bylaw. METRIC STANDARDS 15. The metric standards in this bylaw are applicable. Imperial standards are provided only for convenience. CONTRAVENTION OF BYLAW 16. Any person who contravenes any provision of this bylaw is guilty of an offence in accordance with Part 13, Division 5, Offences and Penalties of the Municipal Government Act and is liable to a fine of not more than $10,000 or to imprisonment for not more than one year or to both fine and imprisonment. LAND USE DISTRICTS & DEVELOPMENT IN GENERAL LAND USE DISTRICTS 17. The municipality is divided into those districts specified in Schedule 1 and shown on the Land Use Districts Map. Town of Nobleford Land Use Bylaw No. 614 Page 3 18. The one or more uses of land or buildings that are: (a) permitted uses in each district, with or without conditions; and/or (b) discretionary uses in each district, with or without conditions; are described in Schedule 2. 19. A land use not listed as a permitted or discretionary use but which is reasonably similar in character and purpose to a permitted or discretionary use in that district may be deemed a similar use by the Municipal Planning Commission. 20. A land use not listed as a permitted or discretionary use or deemed similar in nature to a use in a district is prohibited. DEVELOPMENT IN MUNICIPALITY GENERALLY 21. A person who develops land or a building in the municipality shall comply with the applicable standards and requirements of development specified in this bylaw, in addition to complying with the use or uses prescribed in the applicable land use district and any conditions attached to a development permit if one is required. NON-CONFORMING USES AND BUILDINGS 22. If a development permit has been issued on or before the day on which this bylaw or a land use amendment bylaw comes into force in a municipality and the bylaw would make the development in respect of which the permit was issued a non-conforming use or non- conforming building, the development permit continues in effect in spite of the coming into force of the bylaw. 23. A non-conforming use of land or a building may be continued but if that use is discontinued for a period of six (6) consecutive months or more, any future use of the land or building must conform with the Land Use Bylaw then in effect. 24. A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non-conforming building, may not be enlarged or added to and no structural alterations shall be made to it or in it. 25. A non-conforming use of part of a lot may not be extended or transferred in whole or in part to any other part of the lot and no additional buildings may be constructed on the lot while the nonconforming use continues. 26. A non-conforming building may continue to be used, but the building may not be enlarged, added to, rebuilt or structurally altered except: (a) to make it a conforming building, or (b) as the Designated Officer considers necessary for the routine maintenance of the building, in accordance with the variance powers provided for in Section 643(5)(c) of the Act. Page 4 Town of Nobleford Land Use Bylaw No. 614 27. If a non-conforming building is damaged or destroyed by more than 75 percent of the value of the building above its foundation, the building may not be repaired or rebuilt except in accordance with this bylaw. 28. The land use or the use of a building is not affected by a change of ownership or tenancy of the land or building. 29. Where a proposed lot contains different dimensions than those prescribed within the land use district in effect, or will result in an existing or future building not conforming with the height or setback requirements prescribed within the district in effect, it may be approved where, in the opinion of the Designated Officer, the noncompliance with the district regulations is: (a) minor in nature; (b) consistent with the general character of the area; and (c) does not interfere with the use, enjoyment or value of the neighbouring properties. NUMBER OF DWELLINGS ON A LOT 30. No person shall construct or locate or cause to be constructed or located more than one dwelling on a lot unless authorized by the Municipal Planning Commission through the issuance of a development permit and only where allowed in the land use district for which the application was made. SUITABILITY OF SITES 31. 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 Designated Officer or the Municipal Planning Commission as applicable may refuse to approve a subdivision or issue a development permit 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 municipal requirements or those of Alberta Transportation if within 300 m of a provincial highway; (b) has a high water table which makes 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) does not comply with the requirements of the South Saskatchewan Regional Plan, Subdivision and Development Regulation or any applicable statutory plans; (f) is situated over an active or abandoned coal mine or oil or gas well or pipeline; (g) is unsafe due to contamination by previous land uses; (h) does not have adequate water and sewer provisions; Town of Nobleford Land Use Bylaw No. 614 Page 5 (i) does not meet the lot size and/or setback requirements or any other applicable standards or requirements of the Land Use Bylaw; (j) is subject to any easement, caveat, restrictive covenant or other registered encumbrance which makes it impossible to build on the site. 32. Nothing in this section shall prevent the Designated Officer or Municipal Planning Commission, as applicable, from approving a lot for subdivision or issuing a development permit if the Officer or the Commission is satisfied that there is no risk to persons or property or that these concerns will be met by appropriate engineering measures or other mitigating measures. DEVELOPMENT AGREEMENTS 33. The Designated Officer or the Municipal Planning Commission may require with respect to development that as a condition of issuing a development permit, the applicant enter into a development agreement in accordance with the Act. DEVELOPMENT PERMITS DEVELOPMENT PERMIT APPLICATIONS 34. Except as provided in Schedule 3, no person shall commence a development unless he/she has been issued a development permit in respect of the proposed development. 35. An application for a development permit must be made to the Designated Officer by submitting to him/her: (a) a completed development permit application, (b) the application fee prescribed, and (c) any other information as may be required by the Designated Officer. 36. An application for a development permit must be made by the owner of the land on which the development is proposed or, with the consent of the owner, by any other person. The Designated Officer may request a current title documenting ownership. DETERMINING COMPLETENESS OF DEVELOPMENR PERMIT APPLICATIONS 37. A Designated Officer shall, within 20 days after the receipt of an application for a development permit in accordance with Section 35, determine whether the application is complete. 38. An application is complete if, in the opinion of the Designated Officer, the application contains the documents and other information necessary to review the application. 39. The time period referred to in Section 37 may be extended by an agreement in writing between the applicant and the Designated Officer. Page 6 Town of Nobleford Land Use Bylaw No. 614 40. If the Designated Officer does not make a determination referred to in Section 37 within the time required under Section 37 or 39 the application is deemed to be complete. 41. If the Designated Officer determines that the application is complete, the Designated Officer shall issue to the applicant a written Notice of Completeness acknowledging that the application is complete, delivered by hand, mail or electronic means. 42. If the Designated Officer determines that the application is incomplete, the Designated 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 35. A submittal deadline for the outstanding documents and information shall be set out in the notice or a later date agreed on between the applicant and the Designated Officer in order for the application to be considered complete. 43. If the Designated Officer determines that the information and documents submitted under Section 42 are complete, the Designated Officer shall issue to the applicant a written Notice of Completeness acknowledging that the application is complete, delivered by hand, mail or electronic means. 44. If the required documents and information under Section 42 have not been submitted to the Designated Officer within the timeframe prescribed in the notice issued under Section 42, the Designated 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. 45. Despite issuance of a Notice of Completeness under Section 41 or 43, the Designated Officer 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. PERMITTED USE APPLICATIONS 46. Upon receipt of a completed application for a development permit for a permitted use that conforms with this bylaw, the Designated Officer: (a) shall issue a development permit with or without conditions; or (b) may refer an application to the Municipal Planning Commission for a decision. 47. Upon receipt of a completed application for a permitted use that requests a minor waiver not to exceed 10 percent of a measurable standard of this bylaw, or, a front yard setback waiver for a principal building, where provided for in a particular land use district and in accordance with the provisions of that district, the Designated Officer: (a) may grant the minor waiver not to exceed 10 percent of a measureable standard of this bylaw, or a front yard setback waiver for a principal building, where provided for in a particular land use district and in accordance with the provisions of that district, and issue the development permit with or without conditions if, in the opinion of the Designated Officer, the waiver would not unduly interfere with the amenities of the Town of Nobleford Land Use Bylaw No. 614 Page 7 neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; or (b) may refer a development application involving a request for a minor waiver of any measureable standard in the bylaw to the Municipal Planning Commission for a decision; (c) granting a minor waiver under this section does not require notification of persons likely to be affected prior to issuance of a development permit. 48. Upon receipt of a completed application for a permitted use that requests more than one minor waiver or a waiver(s) exceeding 10 percent of any measurable standard of this bylaw, the Designated Officer shall refer the application to the Municipal Planning Commission for a decision pursuant to Sections 53 and 54. 49. The Designated Officer or Municipal Planning Commission may place any of the following conditions on a development permit for a permitted use: (a) requirement to enter into a development agreement, including requirements for oversize improvements; (b) pay any applicable off-site levy or redevelopment levy; (c) geotechnical investigation to ensure that the site is suitable in terms of topography, soil characteristics, flooding subsistence, erosion and sanitary sewerage servicing; (d) alteration of a structure or building size or location to ensure any setback requirements of this Land Use Bylaw or the Subdivision and Development Regulation can be met; (e) any measures to ensure compliance with the requirements of this Land Use Bylaw or any statutory plan adopted by the Town of Nobleford; (f) easements and encroachment agreements; (g) public utilities, other than telecommunications systems or works, and vehicular and pedestrian access; (h) repairs or reinstatement of original condition of any street furniture, curbing, sidewalk, boulevard landscaping and tree planting which may be damaged or destroyed or otherwise altered by development or building operations upon the site, to the satisfaction of the Designated Officer; (i) to give security to ensure the terms of the permit approval under this section are carried out; (j) any measures to ensure compliance with applicable provincial legislation; (k) provision of any of the following: landscaping and/or a landscaping plan, drainage plan, verification of final site grading, a surveyor's sketch or Real Property Report, snow storage or snow removal plan, the filing of pertinent professional reports and plans prior to commencement. Page 8 Town of Nobleford Land Use Bylaw No. 614 DISCRETIONARY USE APPLICATIONS 50. Upon receipt of a completed application for a development permit for a discretionary use, the Designated Officer shall: (a) refer the application to the Municipal Planning Commission for a decision, and (b) notify, or cause to be notified persons likely to be affected in accordance with Sections 62 and 63. 51. After consideration of any response to the notifications of persons likely to be affected, including Lethbridge County, government departments and referral agencies as applicable, compatibility and suitability of the proposed use, and any other matters, the Municipal Planning Commission may: (a) issue a development permit with or without conditions, or (b) refuse to issue a development permit application, stating the reasons. 52. The Municipal Planning Commission may place any of the conditions stipulated in Section 49 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 any other conditions necessary to fulfil a planning related objective. APPLICATIONS REQUESTING WAIVERS OF BYLAW PROVISIONS 53. Upon receipt of an application for a development permit that does not comply with this bylaw but in respect of which the Municipal Planning Commission is requested by the applicant to exercise discretion under Section 54, the Designated Officer shall: (a) refer the application to the Municipal Planning Commission for a decision, and (b) notify persons likely to be affected including adjacent municipalities, government departments and any other referral agency in accordance with Sections 62 and 63. 54. The Municipal Planning Commission is authorized to decide upon an application for a development permit notwithstanding that the proposed development does not comply with this bylaw, if in the opinion of the Municipal Planning Commission the proposed development would not: (a) unduly interfere with the amenities of the neighbourhood; or (b) materially interfere with or affect the use, enjoyment or value of neighbouring properties; and (c) the proposed development conforms with the use prescribed for that land or building under Schedule 2. 55. Notwithstanding Section 54, the Designated Officer, Municipal Planning Commission, or the Subdivision and Development Appeal Board on an appeal, does not have the authority to waive or vary an applicable standard of this bylaw, if a section or policy specifically states that the standard is not to be waived or varied. Town of Nobleford Land Use Bylaw No. 614 Page 9 56. The Municipal Planning Commission may require as a condition of issuing a development permit for a use that does not comply with the requirements of this bylaw, conditions to conform to a higher standard than stipulated in the applicable standards, if in the opinion of the Municipal Planning Commission, conformance to a higher standard will off-set any impact of granting the variance(s). SIMILAR USE APPLICATIONS 57. Upon receipt of an application for a development permit for a use that is not specifically listed in any land use district, but which may be similar in character and purpose to other uses of land and buildings permitted by the bylaw in the land use district in which such use is proposed, the Designated Officer shall, at the request of the applicant: (a) refer the application to the Municipal Planning Commission for a decision; and (b) notify or cause to notify the affected persons pursuant to Sections 62 and 63. 58. Upon referral of the application by the Designated Officer, the Municipal Planning Commission: (a) shall rule whether or not the proposed use is either similar to a permitted or discretionary use in the land use district in which it is proposed; (b) if the use is deemed similar to a permitted or discretionary use in the land use district in which it is proposed, the application shall be reviewed as a discretionary use and a development permit may be issued with or without conditions after consideration of any responses to the notifications of persons likely to be affected by the development; (c) if the use is not deemed similar to a permitted or discretionary use in the land use district in which it is proposed, the development permit shall be refused. TEMPORARY USE APPLICATIONS 59. The Municipal Planning Commission may issue a temporary development permit for a period not to exceed one year for uses that are determined to be temporary in nature. 60. Temporary use applications shall be subject to the following conditions: (a) the applicant or developer is liable for any costs involved in the cessation or removal of any development at the expiration of the permitted period. (b) the Municipal Planning Commission may require the applicant to submit an irrevocable letter of credit guaranteeing the cessation or removal of the temporary use, and (c) any other conditions as deemed necessary. 61. Notification of persons likely to be affected, including Lethbridge County, government departments and referral agencies shall be in accordance with Sections 62 and 63. Page 10 Town of Nobleford Land Use Bylaw No. 614 NOTIFICATION OF PERSONS LIKELY TO BE AFFECTED 62. Where notification of persons likely to be affected is required under Sections 50 through 61, the Designated Officer shall, at least seven days before the meeting of the Municipal Planning Commission: (a) mail written notice of the application to: (i) the owners of land likely to be affected by the issuance of a development permit; (ii) Lethbridge County, if in the opinion of the Designated Officer or the Municipal Planning Commission, the proposed development could have an impact upon land uses in the County or is adjacent to the County boundary; and (iii) any other persons, government department or referral agency that is deemed to be affected; or (b) cause similar notice to be published in a newspaper circulating in the municipality where the application is located; or (c) cause a similar notice to be posted in a conspicuous place on the property; or (d) any combination of the above. 63. In all cases, notification shall: (a) describe the nature and location of the proposed use; (b) state the place and time where the Municipal Planning Commission will meet to consider the application; and (c) state the process for receipt of written or oral submission on the application. DEVELOPMENT DECISION DECISION PROCESS 64. An application for a development permit shall be considered by the Designated Officer who shall: (a) approve with or without conditions an application for a permitted use where the proposed development conforms to this bylaw; (b) approve with or without conditions an application for a discretionary use, where the proposed development conforms to this bylaw; (c) refuse an application for a discretionary use, where the proposed development does not conform to this bylaw; or (d) refuse an application for a use which is neither a permitted use nor a discretionary use. 65. The Municipal Planning Commission and Designated Officer are authorized to exercise minor variance powers with respect to non-conforming uses pursuant to Section 643(5)(c) of the Act. Also see Sections 22 through 29 and 46 through 49 of this bylaw. Town of Nobleford Land Use Bylaw No. 614 Page 11 NOTICE OF DECISION FOR DEVELOPMENT PERMITS ISSUED 66. Permitted use permits: (a) Upon issuance of a development permit for a permitted use that complies with the Land Use Bylaw, the Designated Officer shall: (i) provide a written notice of decision to the applicant, and (ii) notify persons likely to be affected by either: a. posting a copy of the decision in a prominent place in the Town Office for at least 21 days, or b. publishing a notice of the decision in a newspaper circulated within the municipality. (b) Upon issuance of a development permit for a permitted use involving a minor waiver, the Designated Officer shall: (i) provide a written notice of decision to the applicant, and (ii) notify persons likely to be affected by either: a. mailing a copy of the decision to those persons, departments and agencies likely to be affected; or b. publishing a notice of the decision in a newspaper circulated within the municipality. 67. All other permits: (a) Upon issuance of a development permit for a discretionary use, similar use, temporary use, or an application involving a waiver, the Designated Officer shall: (i) provide a written notice of decision to the applicant, and (ii) notify persons likely to be affected, including any persons or entity originally notified of the development permit application, by either: a. mailing a copy of the decision to those persons, departments and agencies; or b. publishing a notice of the decision in a newspaper circulated within the municipality. 68. The Designated Officer shall give or send by mail (postal service or electronic mail) a copy of the development permit decision to the applicant on the same day the decision is given. For the purposes of this bylaw the "day the decision is given" means the date the Designated Officer signed the notice of decision. DEEMED REFUSAL / FAILURE TO MAKE A DECISION 69. In accordance with Section 684 of the Municipal Government Act, an application for a development permit shall, at the option of the applicant, deemed to be refused when the decision of the Designated Officer or the Municipal Planning Commission, as the case may be, is not made within 40 days of receipt of the completed application unless the applicant has entered into an agreement with the Designated Officer to extend the 40-day period. Page 12 Town of Nobleford Land Use Bylaw No. 614 REAPPLICATION 70. If an application for a development permit is refused, another application for a development permit on the same lot for the same or similar use may not be submitted for at least six months after the date of refusal. 71. If an application was refused solely because it did not comply with this bylaw, or was refused as an incomplete application under Section 44, the Designated Officer may accept another application on the same lot for the same or similar use before the time period referred to in Section 70 provided the application has been modified to comply with this bylaw. VALIDITY OF DEVELOPMENT PERMIT COMMENCEMENT OF DEVELOPMENT 72. Despite the issuance of a development permit, no development is authorized to commence within 21 days after the date on which the decision was made under Section 68. 73. If an appeal is made, no development is authorized pending the outcome of the appeal. 74. Any development occurring prior to the dates determined under Sections 72 and 73 is at the risk of the applicant, developer or landowner. PERMIT VALIDITY 75. Unless a development permit is suspended or cancelled, the application must be commenced or carried out with reasonable diligence in the opinion of the Designated Officer or the Municipal Planning Commission within 12 months from the date of issuance of the permit, otherwise the permit is no longer valid. 76. If a development has not commenced within the time period specified in Section 75, the validity of a development permit may be extended for up to 12 additional months by: (a) the Designated Officer or the Municipal Planning Commission if the permit was issued by the Designated Officer; (b) by the Municipal Planning Commission if the permit was issued by Municipal Planning Commission or approved on appeal by the Subdivision and Development Appeal Board. 77. 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. 78. When any use has been discontinued for a period of 18 months or more, 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. Town of Nobleford Land Use Bylaw No. 614 Page 13 SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT 79. If, after a development permit has been issued, the Designated Officer or Municipal Planning Commission becomes aware: (a) the application for the development permit contained a serious misrepresentation; or (b) facts concerning the application or the development were not disclosed and which should have been disclosed at the time the application was considered, have subsequently become known; or (c) a development permit was issued in error; the Designated Officer or Municipal Planning Commission may suspend or cancel the development permit by notice in writing to the holder of it. 80. If a development permit is suspended or cancelled, the Subdivision and Development Appeal Board shall review the application if an appeal is filed by the applicant and either: (a) reinstate the development permit; or (b) cancel the development permit if the Designated Officer or Municipal Planning Commission would not have issued the development permit if the facts subsequently disclosed had been known during the consideration of the application. 81. In addition to the conditions that the Designated Officer or Municipal Planning Commission may impose on a development permit issued under Schedule 2, the Subdivision and Development Appeal Board may impose such other conditions as are considered necessary to ensure that this bylaw or any statutory plan is complied with. ENFORCEMENT PROCESS STOP ORDER 82. The Designated Officer or Municipal Planning Commission are authorized to issue an order under Section 645 of the Act whenever either considered necessary to do so. APPEAL PROCEDURE 83. Any person applying for a development permit or any other person affected by an order under 645 of the Act may appeal to the Subdivision and Development Appeal Board, if a Designated Officer: (a) refuses or fails to make a decision on a development permit within forty (40) days of receipt of a completed application, (b) issues a development permit subject to conditions. 84. In addition to an applicant under Section 83, any person affected by an order, decision or development permit made or issued by a Designated Officer may appeal to the Subdivision and Development Appeal Board. Page 14 Town of Nobleford Land Use Bylaw No. 614 85. Notwithstanding Sections 83 and 84, no appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions of this bylaw are relaxed, varied or misinterpreted pursuant to Section 685(3) of the Act. 86. An appeal by an applicant may be commenced by filing a notice of the appeal containing specific reasons, with the Secretary of the Appeal Board within twenty-one (21) days after: (a) notification in writing of the issuance of the development permit by the Designated Officer; or (b) the 40-day period referred to in Section 69 has expired. 87. An appeal by an affected person may be commenced by filing a notice of the appeal containing reasons, with the Secretary of the Appeal Board within twenty-one (21) days after the date on which the notice of issuance of the permit was given in accordance with this bylaw. APPEAL HEARING 88. Pursuant to Section 686(2) of the Act, the Subdivision and Development Appeal Board must hold an appeal hearing within thirty (30) days of the receipt of a notice of appeal. 89. The Subdivision and Development Appeal Board must give at least five (5) days notice in writing of the hearing: (a) to the appellant: (b) to the Designated Officer whose order, decision or development permit is the subject of the appeal; and (c) to those owners required to be notified under the Land Use Bylaw and any other person that the Subdivision And Development Appeal Board considers to be affected by the appeal and should be notified. DECISION OF THE BOARD 90. In determining an appeal, the Subdivision and Development Appeal Board: (a) must comply with the South Saskatchewan Regional Plan, statutory plans and subject to Section 90(d) of this bylaw; (b) must have regard for but is not bound by the Subdivision and Development Regulations; (c) may confirm, revoke or vary the order, decision or development permit or any condition attached to it or may make or substitute an order, decision or permit of its own; (d) may make an order or decision or issue or confirm the issue of a development permit even though the proposed development does not comply with this bylaw, if in its opinion: Town of Nobleford Land Use Bylaw No. 614 Page 15 (i) the proposed development would not: a. unduly interfere with or affect the use, enjoyment or value of neighbouring properties; and b. materially interfere with or affect the use, enjoyment or value of neighbouring properties; (ii) the proposed development conforms with the prescribed use for the land or building as defined in this bylaw. 91. Following an appeal, the Subdivision and Development Appeal Board must give its decision in writing together with reasons within fifteen (15) days after concluding the hearing. LAND USE BYLAW AMENDMENTS AMENDMENTS TO THE LAND USE BYLAW 92. Any person or the Town may initiate amendments to this bylaw by making an application to the Designated Officer. 93. All applications for amendment shall be submitted using the applicable form and be accompanied by any additional information, as deemed necessary by the Designated Officer to process the application. 94. The Designated Officer may refuse to accept an application if, in his/her opinion, the information supplied is not sufficient to make a proper evaluation of the proposed amendment. 95. The Designated Officer shall forward the application to Council for a decision if he/she is satisfied sufficient information has been provided with the application. 96. Council or the Designated Officer may refer the application to the Municipal Planning Commission for their recommendation. 97. The application shall be processed in compliance with the requirements of the Act, including the processes for notice of public hearings and the conduct of meetings. 98. 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 six months after the date of refusal. LAND USE REDESIGNATION APPLICATION REQUIREMENTS 99. A request for redesignation from one land use district to another shall be accompanied by: (a) a completed application form and fee; (b) a narrative describing the: (i) proposed designation and future use(s); Page 16 Town of Nobleford Land Use Bylaw No. 614 (ii) consistency with applicable statutory plans; (iii) compatibility of the proposal with surrounding uses and zoning; (iv) development potential/suitability of the site, including identification of any constraints and/or hazard areas (e.g. easements, soil conditions, topography, drainage, etc.); (v) availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police protection, schools, etc.) to serve the subject property while maintaining adequate levels of service to existing development; and (vi) any potential impacts on public roads; (c) conceptual subdivision design, if applicable; (d) a geotechnical report prepared by an engineer demonstrating soil stability/ suitability if deemed necessary by the Designated Officer or Municipal Planning Commission; (e) an evaluation of surface drainage which may include adjacent properties if deemed necessary by the Designated Officer or Municipal Planning Commission; and (f) any other information deemed necessary by the Designated Officer or Municipal Planning Commission to properly evaluate the application. 100. An area structure plan or conceptual design scheme may be required in conjunction with a redesignation application when: (a) redesignating land from Urban Reserve (UR) to another district; (b) multiple parcels of land are involved; (c) more than four lots could be created; (d) several pieces of fragmented land are adjacent to the proposal; (e) internal public roads would be required; (f) municipal services would need to be extended; or (g) required by Council or the Municipal Planning Commission. REDESIGNATION CRITERIA 101. When redesignating land from one land use district to another, Council should consider the following when making a decision: (a) compliance with applicable standards and provisions of the Land Use Bylaw; (b) consistency with any adopted statutory plans; (c) compatibility with adjacent uses; (d) development potential/suitability of the site; (e) availability of facilities and services (sewage disposal, domestic water, gas, electricity, police and fire protection, schools, etc.), to serve the subject property and any potential impacts to levels of service to existing development; Town of Nobleford Land Use Bylaw No. 614 Page 17 (f) potential impacts on public roads; (g) setback distances contained in the Subdivision and Development Regulation; (h) supply of suitably designated land; (i) public comment and any applicable review agency comments; and (j) any other matters deemed pertinent. SUBDIVISION SUBDIVISION AUTHORITY - POWERS AND DUTIES 102. The Subdivision Authority is authorized to make decisions on applications for subdivision, and shall perform such powers and duties as are specified: (a) in the Town of Nobleford Municipal Planning Commission Bylaw No. 634; (b) in this bylaw; (c) in the Municipal Government Act; (d) in the Subdivision and Development Regulation; (e) where applicable, by resolution of Council. 103. The Subdivision Authority may delegate, through any of the methods described in Section 102, to an individual, municipal staff, or a regional services commission, any of its functions and 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 carry out the application process with subdivision applicants as described in the Subdivision Application Rules and Procedures section of this bylaw, including the task of sending all required notifications to applicants as stipulated. SUBDIVISION APPLICATION 104. An applicant applying for subdivision shall provide the required fees, materials and information as requested by the Subdivision Authority or its designate. A complete application for subdivision shall consist of: (a) an 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) a copy of the current Certificate of Title for the land that is the subject of the application; Page 18 Town of Nobleford Land Use Bylaw No. 614 (d) a tentative subdivision plan professionally prepared or an accurate and legible sketch drawn to scale that shows the location, dimensions and boundaries of the proposed subdivision and all other requirements prescribed in the subdivision application package. For a subdivision application where any buildings or structures are present on the land that is the subject of the subdivision, a sketch prepared by a professional surveyor or a Real Property Report is required; and (e) any such other information as may be required at the discretion of the Subdivision Authority or its designate in order to accurately evaluate the application and determine compliance with this bylaw and any other municipal bylaws and plans, the Act, the Subdivision and Development Regulation, or other government regulations. This may include but is not limited to the provision of geotechnical information, soil analysis reports, water reports, slope stability analysis, drainage and storm water plans, contours and elevations of the land, engineering studies or reports, wetland reports, environmental impact assessments, utility and servicing information, and/or the preparation of an area structure plan or conceptual design scheme. DETERMINATION OF COMPLETE SUBDIVISION APPLICATION 105. In accordance with the Act, the Subdivision Authority or its designate, 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 incomplete what information is required to be submitted within 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 or its designate; (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 information and documents are that must be submitted by a date specified in the notice for the application to be deemed complete. 106. Notwithstanding Section 105(a), the applicant and Subdivision Authority or its designate 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 time period to determine whether the subdivision application and support information submitted is complete. 107. If the applicant fails to submit all the outstanding information and documents on or before the date referred to in Section 105(c) or a later date agreed on in writing between the applicant and the Subdivision Authority or its designate, the application is deemed to be refused. The Subdivision Authority or its designate will notify the applicant in writing that the application has been refused and state the reason for the refusal and include the required information on filing an appeal and to which appeal board the appeal lies, either Town of Nobleford Land Use Bylaw No. 614 Page 19 the local appeal board or provincial Municipal Government Board, in accordance with the parameters of the Act. The notification may be sent by regular mail to the applicant, or sent by electronic means, or both. 108. A determination made by the Subdivision Authority or its designate that an application is complete for processing does not preclude the ability for the Subdivision Authority or its designate to request other information or studies or documentation to be submitted by the applicant during the review and processing period, prior to a decision being rendered, or as a condition of subdivision approval. Schedule 1 Land Use Districts Town of Nobleford Land Use Bylaw No. 614 Page 21 Schedule 1 LAND USE DISTRICTS 1. The municipality is divided into those districts shown on the Land Use Districts Map of this schedule. 2. Each district shown on the map referred to in Section 3 of this schedule shall be known by the following identifying names and symbols: RESIDENTIAL - R1 SMALL LOT RESIDENTIAL - R2 MULTI-UNIT RESIDENTIAL - R3 COTTAGE INDUSTRY RESIDENTIAL - R4 DOWNTOWN COMMERCIAL - DTC COMMERCIAL / INDUSTRIAL - CI PUBLIC - P DIRECT CONTROL - DC URBAN RESERVE - UR 3. Land Use Districts Map (see following page) Schedule 2 Land Use District Regulations Town of Nobleford Land Use Bylaw No. 614 Page 23 RESIDENTIAL - R1 1. INTENT The intent of this land use district is to encourage and ensure that residential and related development in the Town of Nobleford occurs in an attractive, orderly, economic and efficient manner, through the regulation of the following permitted and discretionary uses: PERMITTED USES DISCRETIONARY USES Dwellings: One unit Modular Ready-to-move Home occupation A Intermodal container Primary accessory buildings Day care Dwellings: Home occupation B Institutional Moved-in buildings Parks and playgrounds Public utility structures Secondary accessory buildings Two unit 2. MINIMUM LOT SIZE Use Width Length Area m ft. m ft. m2 sq. ft. One unit dwelling 11.5 38 23.0 75 399.5 4300 Two unit dwellings: - Side by Side 20.0 66 23.0 75 459.9 4950 - Back to Back (each unit) 15.2 50 16.8 55 348.0 2,850 All other uses As required by the Development Authority 3. MINIMUM SETBACK REQUIREMENTS - PRINCIPAL Use Front* Side Corner Side* Rear* m ft. m ft. m ft. m ft. One unit dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 Modular dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 Ready-to-move dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 Two unit dwelling (Side by side) 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 Page 24 Town of Nobleford Land Use Bylaw No. 614 (a) Corner Side means the lot line on a corner lot that has road frontage but is not the lot line from which primary access or development to the building is gained. (see Figure 2.1) (b) Modular, ready-to-move and moved-in detached dwellings developed and sited in a like manner shall be treated as conventional one unit dwellings by the Municipal Planning Commission and subject to the same lot size and setback requirements. (c) Also refer to Schedule 4, Sections 1 and 7 for clear vision triangle requirements and setbacks from easements. (d) Structures that are attached to a principal building are subject to the principal setbacks, excepting the permitted projections in Schedule 4, Section 8. (e) The minimum front setback requirement for a principal building that is a permitted use may be varied by the Designated Officer provided that: (i) the distance between the furthest projection of the principal building (not including permitted projections under Schedule 4, Section 8) and the nearest edge of the sidewalk, or the curb where there is no sidewalk, is not less than the minimum 7.6 m (25 ft.) front setback requirement; (ii) the proposed position of the building is compatible with the prevailing yard pattern of adjacent developments; and (iii) that the resulting distance between the furthest projection of the principal building and the front property line is no less than 4.6 m (15 ft.). The Designated Officer may require a professionally prepared surveyor's sketch or site plan in order to certify the distance from the sidewalk to the property line or any other distance required to evaluate an application. Two unit dwelling (Back to back) 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 -- -- All others As required by the Municipal Planning Commission Figure 2.1 Town of Nobleford Land Use Bylaw No. 614 Page 25 (f) For lots within Blocks 27 and 28, Plan 141 2353, the minimum rear yard setback shall be 1.5 m (5 ft.). 4. ACCESSORY BUILDINGS (a) Minimum setbacks for accessory buildings are as follows: Use Side Corner Side Rear m ft. m ft. m ft. Accessory Structure 1.5 5 3.8 12.5 1.5 5 (b) No accessory structure shall be constructed in the front yard. (c) A minimum of 3 metres (10 ft.) is required between structures. (d) A carport is permitted in a side yard but shall not be less than 1.5 metres (5 ft.) from a side lot line. (e) The side yard requirement for a principal building with an attached garage shall be the same as for a principal building except on irregular-shaped lots where two-thirds of the building is not less than 1.5 metres (5 ft.) from the side lot line. (f) Any secondary accessory buildings are considered to be discretionary. 5. MAXIMUM SITE COVERAGE 60% inclusive of all buildings provided that accessory building coverage shall not exceed principal building coverage. Note: For the definition of site coverage, refer to Schedule 9, Definitions, "Site coverage, principal" and "Site coverage, accessory". 6. MINIMUM FLOOR AREA One unit dwelling - 74.3 m2 (800 sq. ft.) Two unit dwelling - 74.3 m2 (800 sq. ft.) per unit All other uses - As required by the Development Authority 7. MAXIMUM BUILDING HEIGHT (measured to peak of roof) Principal buildings - 11.0 m (36 ft.) Accessory buildings - 6.0 m (20 ft.) All other uses - As required by the Development Authority 8. EXEMPTIONS The Development Authority may approve a development on an existing registered lot the minimum dimensions or area of which are less than those specified in this district provided, however, that the minimum area is at least 232.3 m2 (2,500 sq. ft.). Page 26 Town of Nobleford Land Use Bylaw No. 614 9. STANDARDS OF DEVELOPMENT - See Schedule 4. 10. LANDSCAPING AND SCREENING - See Schedule 4. 11. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Schedule 4. 12. MODULAR AND READY-TO-MOVE (RTM) HOUSING - See Schedule 5. 13. MOVED-IN BUILDINGS - See Schedule 6. 14. HOME OCCUPATIONS - See Schedule 7. Town of Nobleford Land Use Bylaw No. 614 Page 27 SMALL LOT RESIDENTIAL - R2 1. INTENT The intent of this land use district is to encourage small residential lots to accommodate a variety of residential housing options, but primarily for smaller starter homes in the Town of Nobleford, and that development occurs in an attractive, orderly, economic and efficient manner, through the regulation of the following permitted and discretionary uses: PERMITTED USES DISCRETIONARY USES Dwellings: One Unit Two Unit Modular Ready-to-move Home occupation A Intermodal container Primary accessory buildings Day Care Home occupation B Moved in building Parks and playgrounds Public and institutional uses Secondary accessory buildings 2. MINIMUM LOT SIZE Use Width Length Area m ft. m ft. m2 sq. ft. One unit dwelling 11.6 38 35.1 115 407.2 4,370 Modular dwelling 11.6 38 35.1 115 407.2 4,370 Ready-to-move dwelling 11.6 38 35.1 115 407.2 4,370 Two unit dwellings: - Side by Side 22.9 75 35.1 115 801.3 8,625 - Back to Back (each unit) 12.8 42 17.0 55 348.0 2,850 All other uses As required by the Development Authority The Development Authority may approve a development on an existing registered lot the minimum dimensions or area of which are less than those specified in this district provided that the minimum area is at least 204.4 m2 (2,200 sq. ft.). 3. MINIMUM SETBACK REQUIREMENTS - PRINCIPAL Use Front* Side Corner Side* Rear* m ft. m ft. m ft. m ft. One unit dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 Page 28 Town of Nobleford Land Use Bylaw No. 614 Use Front Side Corner Side Rear m ft. m ft. m ft. m ft. Modular dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 The Development Authority may reduce the rear yard setback to 1.5 m (5 ft.) when approving a development application on an existing registered lot which may not meet the minimum dimensions or area of which are less than those specified in this district. (a) Corner Side means the lot line on a corner lot that has road frontage but is not the lot line from which primary access or development to the building is gained. (see Figure 2.1) (b) Modular, ready-to-move and moved-in detached dwellings developed and sited in a like manner shall be treated as conventional one unit dwellings by the Municipal Planning Commission and subject to the same lot size and setback requirements. (c) Also refer to Schedule 4, Sections 1 and 7 for clear vision triangle requirements and setbacks from easements. (d) Structures that are attached to a principal building are subject to the principal setbacks, excepting the permitted projections in Schedule 4, Section 8. (e) The minimum front setback requirement for a principal building that is a permitted use may be varied by the Designated Officer provided that: Ready-to-move dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 Two unit dwelling (Side by side) 7.6 25 1 @ 1.5 1 @ 1.5 5 5 4.6 12.5 7.6 25 Two unit dwelling (Back to back) 7.6 25 1 @ 1.5 1 @ 1.5 5 5 4.6 12.5 -- -- All others As required by the Municipal Planning Commission Figure 2.1 Town of Nobleford Land Use Bylaw No. 614 Page 29 (i) the distance between the furthest projection of the principal building (not including permitted projections under Schedule 4, Section 8) and the nearest edge of the sidewalk, or the curb where there is no sidewalk, is not less than the minimum 7.6 m (25 ft.) front setback requirement; (ii) the proposed position of the building is compatible with the prevailing yard pattern of adjacent developments; and (iii) that the resulting distance between the furthest projection of the principal building and the front property line is no less than 4.6 m (15 ft.). (f) For lots within Block 26, Plan 091 4115, the minimum year yard setback shall be 1.5 m (5 ft.). 4. ACCESSORY BUILDINGS (a) Minimum setbacks for accessory buildings are as follows: Use Side Corner Side Rear m ft. m ft. m ft. Accessory Structure 1.2 4 3.8 12.5 1.5 5 (b) No accessory structure shall be constructed in the front yard. (c) A minimum of 3 metres (10 ft.) is required between structures. (d) A carport is permitted in a side yard but shall not be less than 1.5 metres (5 ft.) from a side lot line. (e) The side yard requirement for a principal building with an attached garage shall be the same as for a principal building except on irregular-shaped lots where two-thirds of the building is not less than 1.5 metres (5 ft.) from the side lot line. (f) Any secondary accessory buildings are considered to be discretionary. 5. MAXIMUM SITE COVERAGE 60% inclusive of all buildings provided that accessory building coverage shall not exceed principal building coverage. Note: For the definition of site coverage, refer to Schedule 9, Definitions, "Site coverage, principal" and "Site coverage, accessory". 6. MINIMUM FLOOR AREA One unit dwelling - 74.3 m2 (800 sq. ft.) Modular dwelling - 74.3 m2 (800 sq. ft.) Ready-to-move dwelling - 74.3 m2 (800 sq. ft.) Two unit dwelling - 74.3 m2 (800 sq. ft.) per unit All other uses - As required by the Development Authority Page 30 Town of Nobleford Land Use Bylaw No. 614 7. MAXIMUM BUILDING HEIGHT (measured to peak of roof) Principal buildings - 11m (36 ft.) Accessory buildings - 6m (20 ft.) All other uses - As required by the Development Authority 8. STANDARDS OF DEVELOPMENT - See Schedule 4. 9. LANDSCAPING AND SCREENING - See Schedule 4. 10. MODULAR AND READY-TO-MOVE (RTM) HOUSING - See Schedule 5. 11. MOVED-IN BUILDINGS - See Schedule 6. 12. HOME OCCUPATIONS - See Schedule 7. Town of Nobleford Land Use Bylaw No. 614 Page 31 MULTI-UNIT RESIDENTIAL - R3 1. INTENT The intent of this land use district is to provide opportunities for multi-unit development in the Town of Nobleford, and that development occurs in an attractive, orderly, economic and efficient manner, through the regulation of the following permitted and discretionary uses: PERMITTED USES DISCRETIONARY USES Dwellings: Two unit Three unit Four unit Home occupation A Intermodal container Primary accessory buildings Row dwelling Dwellings: Apartment buildings One unit Modular Moved-in buildings Ready-to-move Home occupation B Parks and playgrounds Public utility structures Secondary accessory buildings 2. MINIMUM LOT SIZE Use Width Length Area m ft. m ft. m2 sq. ft. One unit, Modular or RTM dwelling 15.2 50 35.1 115 534.2 4,750 Two unit dwellings: - Side by Side 22.9 75 35.1 115 801.3 8,625 - Back to Back (each unit) 12.8 42 17.4 57 348.0 2,850 Three unit dwelling 22.9 75 35.1 115 801.3 8,625 Four unit dwelling 12.8 42 17.4 57 348.0 2,850 Row dwelling: - Interior unit 6.1 20 35.1 115 185.8 2,000 - End unit 9.1 30 35.1 115 319.4 3,450 All other uses As required by the Development Authority Page 32 Town of Nobleford Land Use Bylaw No. 614 3. MINIMUM SETBACK REQUIREMENTS - PRINCIPAL Front Side Corner Side* Rear Use m ft. m ft. m ft. m ft. One unit, modular or RTM dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 Two unit dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 Three unit dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 Four unit dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 Row dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 All other uses As required by the Development Authority (a) Corner Side means the lot line on a corner lot that has road frontage but is not the lot line from which primary access or development to the building is gained. (see Figure 2.1) (b) Modular, ready-to-move and moved-in detached dwellings developed and sited in a like manner shall be treated as conventional one unit dwellings by the Municipal Planning Commission and subject to the same lot size and setback requirements. (c) Also refer to Schedule 4, Sections 1 and 7 for clear vision triangle requirements and setbacks from easements. (d) Structures that are attached to a principal building are subject to the principal setbacks, excepting the permitted projections in Schedule 4, Section 8. (e) The minimum front setback requirement for a principal building that is a permitted use may be varied by the Designated Officer provided that: Figure 2.1 Town of Nobleford Land Use Bylaw No. 614 Page 33 (i) the distance between the furthest projection of the principal building (not including permitted projections under Schedule 4, Section 8) and the nearest edge of the sidewalk, or the curb where there is no sidewalk, is not less than the minimum 7.6 m (25 ft.) front setback requirement; (ii) the proposed position of the building is compatible with the prevailing yard pattern of adjacent developments; and (iii) that the resulting distance between the furthest projection of the principal building and the front property line is no less than 4.6 m (15 ft.). 4. ACCESSORY BUILDINGS (a) Minimum setbacks for accessory buildings are as follows: Use Side Corner Side Rear m ft. m ft. m ft. Accessory Structure 1.2 4 3.8 12.5 1.5 5 (b) No accessory structure shall be constructed in the front yard. (c) A minimum of 3 metres (10 ft.) is required between structures. (d) A carport is permitted in a side yard but shall not be less than 1.5 metres (5 ft.) from a side lot line. (e) The side yard requirement for a principal building with an attached garage shall be the same as for a principal building except on irregular-shaped lots where two-thirds of the building is not less than 1.5 metres (5 ft.) from the side lot line. (f) Any secondary accessory buildings are considered to be discretionary. 5. MAXIMUM SITE COVERAGE 60% inclusive of all buildings provided that accessory building coverage shall not exceed principal building coverage. Note: For the definition of site coverage, refer to Schedule 9, Definitions, "Site coverage, principal" and "Site coverage, accessory". 6. MINIMUM FLOOR AREA One unit dwelling - 74.3 m2 (800 sq. ft.) Two unit dwelling - 74.3 m2 (800 sq. ft.) per unit Multi-unit dwelling - 74.3 m2 (800 sq. ft.) per unit All other uses - As required by the Development Authority Page 34 Town of Nobleford Land Use Bylaw No. 614 7. MAXIMUM BUILDING HEIGHT (measured to peak of roof) Principal buildings - 11.0 m (36 ft.) Accessory buildings - 6.1 m (20 ft.) All other uses - As required by the Development Authority 8. STANDARDS OF DEVELOPMENT - See Schedule 4. 9. LANDSCAPING AND SCREENING - See Schedule 4. 10. MODULAR AND READY-TO-MOVE (RTM) HOUSING - See Schedule 5. 11. MOVED-IN BUILDINGS - See Schedule 6. 12. HOME OCCUPATIONS - See Schedule 7. Town of Nobleford Land Use Bylaw No. 614 Page 35 COTTAGE INDUSTRY RESIDENTIAL - R4 1. INTENT The intent of this land use district is to blend a high quality of residential development with opportunity for home based business on large residential lots by promoting high quality residential and compatible commercial development yet restricting the types of uses that may occur through the regulation of the following permitted and discretionary uses: PERMITTED USES DISCRETIONARY USES Dwellings: One unit Modular Ready-to-move Home occupation A Intermodal container Primary accessory buildings PROHIBITED USES Retail uses Noxious manufacturing Cottage industry in conjunction with an approved dwelling unit Institutional Moved-in buildings Parks and playgrounds Public utility structures Secondary accessory buildings 2. MINIMUM LOT SIZE Use Width Length Area m ft. m ft. m2 sq. ft. All uses -- -- -- -- 1100 11840 3. MINIMUM SETBACK REQUIREMENTS - PRINCIPAL Use Front Side Corner Side* Rear m ft. m ft. m ft. m ft. One unit, modular or RTM dwelling 7.6 25 1 @ 1.5 1 @ 1.5 5 5 3.8 12.5 7.6 25 All other uses As required by the Development Authority * See Definitions, Schedule 9. (a) Corner Side means the lot line on a corner lot that has road frontage but is not the lot line from which primary access or development to the building is gained. (see Figure 2.1) Page 36 Town of Nobleford Land Use Bylaw No. 614 (b) Modular, ready-to-move and moved-in detached dwellings developed and sited in a like manner shall be treated as conventional one unit dwellings by the Municipal Planning Commission and subject to the same lot size and setback requirements. (c) Also refer to Schedule 4, Sections 1 and 7 for clear vision triangle requirements and setbacks from easements. (d) Structures that are attached to a principal building are subject to the principal setbacks, excepting the permitted projections in Schedule 4, Section 8. 4. ACCESSORY BUILDINGS (a) Minimum setbacks for accessory buildings are as follows: Use Side Corner Side Rear m ft. m ft. m ft. Accessory Structure 1.2 4 3.8 12.5 1.5 5 (b) No accessory structure shall be constructed in the front yard. (c) A minimum of 6.1 metres (20 ft.) is required between structures. (d) A carport is permitted in a side yard but shall not be less than 1.5 metres (5 ft.) from a side lot line. (e) The side yard requirement for a principal building with an attached garage shall be the same as for a principal building except on irregular-shaped lots where two-thirds of the building is not less than 1.5 metres (5 ft.) from the side lot line. (f) All detached accessory buildings shall be finished to compliment the principal structure. (g) Any secondary accessory buildings are considered to be discretionary. Figure 2.1 Town of Nobleford Land Use Bylaw No. 614 Page 37 5. MAXIMUM SITE COVERAGE Principal buildings - 35% Accessory buildings - 15% or to a maximum of 223.0 m2 (2,400 sq. ft.) Note: For the definition of site coverage, refer to Schedule 9, Definitions, "Site coverage, principal" and "Site coverage, accessory". 6. MINIMUM FLOOR AREA One unit dwelling - 111.48 m2 (1200 sq. ft.) All other uses - As required by the Development Authority 7. MAXIMUM BUILDING HEIGHT (measured to peak of roof) Principal buildings - 12.2 m (40 ft.) Accessory buildings - 6.1 m (20 ft.) All other uses - As required by the Development Authority 8. LANDSCAPING AND SCREENING - See Schedule 4. 9. STANDARDS OF DEVELOPMENT - See Schedule 4. 10. MODULAR AND READY-TO-MOVE (RTM) HOUSING - See Schedule 5. 11. MOVED-IN BUILDINGS - See Schedule 6. 12. HOME OCCUPATIONS - See Schedule 7. 13. SIGNS - See Schedule 8. Town of Nobleford Land Use Bylaw No. 614 Page 39 DOWNTOWN COMMERCIAL - DTC 1. INTENT To provide an area suited to intensive commercial uses, including the redevelopment of existing uses, which are convenient and attractive to pedestrians, while offering ready vehicular access and adequate parking. PERMITTED USES DISCRETIONARY USES Accessory buildings and uses Bakeries Financial institutions Hotel/motel Intermodal container Offices Photography studios Post office Personal services Restaurants Retail stores Arcades Automotive sales and service Cannabis retail store Funeral homes Licensed lounges Parking areas and structures Public / semi-public buildings and uses Residential accommodation in conjunction with an approved commercial use Signs Small equipment sales, rental and service Theatres Workshop accessory to retail stores 2. MINIMUM LOT SIZE Use Width Length Area m ft. m ft. m2 sq. ft. All uses 7.6 25 35.1 115 267.1 2, 875 3. MINIMUM SETBACK REQUIREMENTS Use Front Yard Side Yard Rear Yard m ft. m ft. m2 sq. ft. All uses As required by the Development Authority 7.6 25 4. ACCESSORY BUILDINGS (a) Minimum setbacks for accessory buildings are as follows: Use Side Rear m ft. m ft. Accessory structure 3.0 10 7.6 25 Intermodal container 0.9 3 0.9 3 (b) No accessory structure shall be placed or constructed in the front yard. (c) A minimum of 3 meters (10 ft.) is required between structures. (d) Notwithstanding 4(c), no setback is required between Intermodal containers. Page 40 Town of Nobleford Land Use Bylaw No. 614 5. MAXIMUM SITE COVERAGE Principal building and accessory buildings - 80% Note: For the definition of site coverage, refer to Schedule 10, Definitions, "Site coverage, principal" and "Site coverage, accessory". 6. MAXIMUM BUILDING HEIGHT All buildings - 10.7 m (35 ft) 7. EXEMPTIONS The Development Authority may approve a development on an existing registered lot, the minimum dimensions or area of which are less than those specified in this district provided that the minimum area is at least 139.4 m2 (15,000 sq. ft.). 8. STANDARDS OF DEVELOPMENT - See Schedule 4. 9. LANDSCAPING AND SCREENING - See Schedule 4. 10. SIGNS - See Schedule 8. Town of Nobleford Land Use Bylaw No. 614 Page 41 COMMERCIAL / INDUSTRIAL - CI 1. INTENT The intent of this land use district is to encourage the efficient and planned development of the non residential area of the Town and to ensure that commercial and industrial development is compatible with other land uses, through the regulation of the following permitted and discretionary uses: PERMITTED USES DISCRETIONARY USES Accessory buildings and uses Construction trades Car wash Farm machinery sales, rental and service Intermodal container Light industry/manufacturing Lumber yards/buildings supplies Railway and railway installations Signs Anhydrous ammonia and other bulk fertilizer storage Automotive sales and service Bulk oil stations Cannabis production facility Greenhouses Grain elevators Heavy manufacturing and industry Industrial uses requiring spur trackage Non-noxious manufacturing and processing facilities Outdoor storage Seed cleaning plants Service station/gas bar Truck transportation dispatch/depots Truck wash Veterinary clinics Warehousing and indoor storage facilities Welding and machine shops 2. MINIMUM LOT SIZE Use Width Length Area m ft. m ft. m2 ft. All uses 30.5 100 35.1 115 1068.4 11,500 3. MINIMUM SETBACK REQUIREMENTS Use Front Side Corner Side Rear m ft. m ft. m ft. m ft. All uses 7.6 25 3.0 10 4.6 15 7.6 25 Page 42 Town of Nobleford Land Use Bylaw No. 614 4. ACCESSORY BUILDINGS (a) Minimum setbacks for accessory buildings are as follows: Use Side Rear m ft. m ft. Accessory Structure 3.0 10 7.6 25 Intermodal container 1.5 5 7.6 25 (b) No accessory structure shall be placed or constructed in the front yard. (c) A minimum of 3 meters (10 ft.) is required between structures. (d) Notwithstanding 4(c), no setback is required between Intermodal containers. 5. MAXIMUM SITE COVERAGE Principal building and accessory buildings - 60% 6. OUTDOOR STORAGE (a) No outdoor storage shall be permitted in the required front yard setback of 7.6 m (25 ft.) nor in the required corner lot side yard setback of 4.6 m (15ft). (b) Display of vehicles, new machinery and new equipment may be allowed in front of a proposed building. (c) Other outdoor storage areas shall be effectively screened from view by buildings, solid fences, trees, landscaped features or combinations thereof and be maintained in good repair. 7. STANDARDS OF DEVELOPMENT - See Schedule 4. 8. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Schedule 4. 9. SIGNS - See Schedule 8. Town of Nobleford Land Use Bylaw No. 614 Page 43 PUBLIC - P 1. INTENT The intent of this land use district is to ensure that the development of institutional, public and semi-public uses and facilities within the Town of Nobleford are compatible with other land uses, through the regulation of the following permitted and discretionary uses: PERMITTED USES DISCRETIONARY USES Accessory buildings and uses Civic and government offices Community hall Courthouse Fire hall Hospital Intermodal container Library Municipal offices Places of worship Police station Schools Day care centres Preschool facilities Private clubs and fraternal organizations Nursing homes Seniors housing Signs 2. MINIMUM LOT SIZE All uses - As required by the Designated Officer 3. MINIMUM SETBACK REQUIREMENTS Use Front Side Rear m ft. m ft. m ft. All uses 7.6 25 3.0 10 7.6 25 4. ACCESSORY BUILDINGS (a) Minimum setbacks for accessory buildings are as follows: Use Side Rear m ft. m ft. Accessory structure 3.0 10 7.6 25 Intermodal container 0.9 3 0.9 3 (b) No accessory structure shall be placed or constructed in the front yard. (c) A minimum of 3 meters (10 ft.) is required between structures. (d) Notwithstanding 4(c), no setback is required between Intermodal containers. Page 44 Town of Nobleford Land Use Bylaw No. 614 5. MAXIMUM SITE COVERAGE All buildings - 50% Note: For the definition of site coverage, refer to Schedule 9, Definitions, "Site coverage, principal" and "Site coverage, accessory". 6. STANDARDS OF DEVELOPMENT - See Schedule 4. 7. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Schedule 4. 8. SIGNS - See Schedule 8. Town of Nobleford Land Use Bylaw No. 614 Page 45 DIRECT CONTROL - DC 1. INTENT The intent of this land use district is to provide a means whereby Council may regulate and control the use, development or subdivision of land or buildings within a specific area of the municipality where the circumstances relating to the development or subdivision of a site are such that regulation and control by use of the other land use districts in this bylaw is inadequate considering long-range planning goals and the greater public interest. 2. USES Council may by bylaw, specify permitted and/or discretionary uses or any prohibited uses. 3. APPROVAL PROCEDURE (a) Before Council considers an application for a use or development in the Direct Control district, it shall: (i) cause a Notice to be issued by the Development Officer in accordance with Sections 62 and 63 of this bylaw; (ii) hear any person that claims to be affected by the decision on the application. (b) Council may then approve the application with or without conditions or refuse the application. 4. APPEAL PROCEDURE Pursuant to Section 641(4)(a) of the Act, if a decision with respect to a development permit application is made by Council, there is no appeal to the Subdivision and Development Appeal Board. 5. MINIMUM LOT SIZE - As required by Council. 6. MINIMUM SETBACK REQUIREMENTS - As required by Council. 7. MAXIMUM LOT COVERAGE - As required by Council. 8. MINIMUM BUILDING HEIGHT - As required by Council. 9. STANDARDS OF DEVELOPMENT - As required by Council with regard to Schedule 4. 10. MOVED-IN BUILDINGS - As required by Council with regard to Schedule 6. 11. SIGN REGULATIONS - As required by Council with regard to Schedule 8. Town of Nobleford Land Use Bylaw No. 614 Page 47 URBAN RESERVE - UR 1. INTENT To be applied to larger parcels of land usually on the periphery of existing development. The district restricts uses and maintains parcels in larger sizes to allow maximum flexibility for use and development when the land is required for urban development. PERMITTED USES DISCRETIONARY USES Extensive agriculture Intermodal container Market garden Nursery Pasture land PROHIBITED USES Intensive livestock operations Campground Golf course Park and playground Recreation and sports field Utility Sign 2. MINIMUM LOT SIZE 160 acres or existing titles. 3. AREA STRUCTURE PLAN The Municipal Planning Commission may require an area structure plan to be adopted prior to the approval of a discretionary use. 3. MINIMUM SETBACK REQUIREMENTS As required by the Municipal Planning Commission. 4. MAXIMUM SITE COVERAGE As required by the Municipal Planning Commission. 5. STANDARDS OF DEVELOPMENT - See Schedule 4. 6. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Schedule 4. 7. SIGNS - See Schedule 8. Schedule 3 Development Not Requiring a Development Permit Town of Nobleford Land Use Bylaw No. 614 Page 49 Schedule 3 DEVELOPMENT NOT REQUIRING A PERMIT 1. No development permit is required for any development that is specifically exempt by virtue of its inclusion in an exemption regulation. 2. No development permit is required for the following, provided that the development complies with the applicable provisions of this bylaw:: (a) concrete or asphalt parking surfaces (excluding carports); (b) patios and related accessories (excluding roofs); (c) rear, ground level deck with a maximum area of 11.15 m2 (10 x 12 ft.); (d) sidewalks; (e) fences, with a rear or side yard maximum height of 1.8 metres (6.0 ft.); (f) fences, with a front yard or corner lot maximum height of 0.9 metres (3.0 ft.); (g) one portable storage shed per lot, not exceeding 9.3 m2 (100 sq. ft.); (h) interior building renovations that do not affect the existing use, appearance or exterior dimensions of the dwelling; (i) the maintenance and repair of public works, services and utilities carried out by or on behalf of federal, provincial or public authorities on land which is publicly owned or controlled; (j) temporary portable swimming pools; and (k) intermodal containers. 3. If there is a doubt as to whether a development is of a kind listed in Section 2 above, the matter shall be referred to the Designated Officer whose decision is final as to whether a development permit is required. Schedule 4 Standards of Development Town of Nobleford Land Use Bylaw No. 614 Page 51 Schedule 4 STANDARDS OF DEVELOPMENT 1. STREET CORNER VISIBILITY (a) On a corner lot, nothing shall be erected, placed, planted or allowed to grow in a manner which may restrict traffic visibility at street intersections, between 0.9 metre (3 ft.) and 3.0 metres (10 ft.) above the centre line grades of the intersecting streets in the area bounded by the property lines of such corner lots and a line joining points along the said property line 6.1 metres (20 ft.) from the point of intersection. (see Figures 4.1 and 4.2) Figure 4.1 Figure 4.2 2. ROAD ACCESS All new development must have access to a public road to the satisfaction of the Municipal Planning Commission. 3. DRIVEWAYS (a) Vehicular access for corner lots shall generally be limited to locations along the minor street or cul-de-sac. (b) In residential districts, two off-street parking spaces/stalls per lot are required to be provided in the form of a driveway or parking pad. (c) In laneless subdivisions, and when not already included in laned subdivisions, all one unit and two unit dwellings should provide for the future construction of an attached garage or carport for one or more vehicles. Page 52 Town of Nobleford Land Use Bylaw No. 614 (d) Only one driveway per lot should be permitted for one unit residential development, including single-wide and double-wide manufactured homes. (e) Provision of required off-street parking spaces/stalls in residential districts must be provided on driveways or parking pads and shall be a minimum of 6.0 metres (20 ft.) in width and 6.0 metres (20 ft.) in length. (f) Driveways shall be a minimum of 3.0 metres (10 ft.) from the entrance to a lane, and 4.6 m (13 ft.) from the intersection of two public roadways. (see Figure 4.3) Figure 4.3 (g) Driveways, parking pads or hard surfaced areas (e.g. paving stones, sidewalks) that cover more than 40 percent of the lot area require a development permit. 4. RETAINING WALLS, GRADING AND DRAINAGE The Municipal Planning Commission may require: (a) the construction of a retaining wall, including submittal of a certified engineered design as a condition of development if significant differences in grade exist or will exist between the lot to be developed and adjacent parcels; (b) the provision of engineered grading and drainage plans for the development; (c) special grading and/or paving to prevent drainage problems with neighbouring lots as a condition of a development permit. 5. FENCES (a) No fence, wall, hedge or any combination thereof shall extend more than 0.9 m (3 ft.) above the ground in any front yard area or corner side yard as illustrated in Figure 4.4 without a development permit approved by the Municipal Planning Commission. (b) Fences in rear and side yards shall be limited to 1.8 m (6 ft.) in height. (c) Where a permit is required, the Municipal Planning Commission may regulate the types of materials and colours used for a fence. Town of Nobleford Land Use Bylaw No. 614 Page 53 Figure 4.4 6. BUILDING SETBACKS (a) The Municipal Planning Commission may waive the building setback requirement in a well-established residential area if, in their opinion, the setback blends in with the prevailing yard pattern. (b) The Municipal Planning Commission may require varied building setbacks in new residential areas if, in their opinion, the variation in setbacks will enhance the development of that area. (c) The Municipal Planning Commission may require increased building setbacks (other than those listed in (a) and (b) above) if, in their opinion, such setbacks would: (i) help avoid land use conflict; (ii) enhance the appearance of the area. 7. EASEMENTS All buildings shall be located a minimum of 3.0 m (10 ft.) from an easement unless otherwise permitted. 8. PERMITTED PROJECTIONS INTO SETBACKS (a) The following features may, subject to the relevant provisions of Safety Codes, project into the required setbacks under this bylaw: (i) unenclosed steps or unenclosed fire escapes not to exceed 0.6 m (2 ft.) into a side setback or 2.4 m (8 ft.) into a front or rear setback; (ii) at the discretion of the Municipal Planning Commission, a wheelchair ramp; (iii) fences or walls in accordance with Section 6 of this Schedule; (vi) driveways, curbs and sidewalks; Page 54 Town of Nobleford Land Use Bylaw No. 614 (v) landscaping, fish ponds, ornaments, flagpoles (less than 4.6 m (15 ft.) in height), or other similar landscaping features; and (vi) signs, in accordance with Schedule 8. (b) The portions of and attachments to a principal building which may project over a setback are as follows: (i) eaves, belt courses, bay windows, cornices, sills or other similar architectural feature may project over a side or rear setback a distance not to exceed one-half of the width of the smallest setback required for the site and over a front setback a distance not to exceed 1.2 m (4 ft.); (ii) a deck, balcony, porch, veranda, cantilever, or other similar feature may project over a side or rear setback a distance not to exceed one-half of the width of the smallest setback required for the site; (iii) a chimney which is not more than 1.2 m (4 ft.) wide and projects not more than 0.15 m (0.5 ft.) into a rear or side setback. 9. LANDSCAPING STANDARDS AND SCREENING Figure 4.5 (a) The Municipal Planning Commission may impose landscaping or screening requirements on a development approval for a permitted or discretionary use if these would serve to improve the quality or compatibility of the proposed development. (b) The front yard and corner side yard on corner lots shall be comprehensively landscaped, except for those areas occupied by sidewalks or driveways, to the satisfaction of the Municipal Planning Commission. (c) Where any parcel or part of a parcel adjacent to a road is used for outdoor storage of goods, machinery, vehicles, buildings or waste materials, the Municipal Planning Commission may require satisfactory screening by buildings, fences, hedges, trees, berming or other landscaping features. (see Figure 4.5) (d) Parking lots shall be landscaped and/or screened as required by the Municipal Planning Commission. Town of Nobleford Land Use Bylaw No. 614 Page 55 10. EXTERIOR BUILDING FINISHES The Municipal Planning Commission may require that specific finishing materials and colour tones be utilized to maintain the compatibility of any: (a) proposed development with surrounding or adjacent developments; (b) proposed additions or ancillary structures with existing buildings on the same lot. 11. EXPOSED FOUNDATIONS The maximum allowable height above the average finished surface level of the surrounding ground of the exposed portion of a concrete or block foundation may be regulated by the Municipal Planning Commission. 12. DECKS AND AMENITY SPACES (a) A development permit is required for the construction of a deck if it will be attached to a principal building. (b) Decks not attached to a building that do not exceed 0.6 m (2 ft.) in height, do not require a development permit provided they meet the minimum setback requirements for accessory buildings. (c) Decks must be located in a manner such as to preserve the privacy of adjacent properties. (d) For the purposes of calculating site coverage requirements, where a structure is attached to the principal building by an open or closed roof structure, it shall be deemed part of the principal building and subject to principal building requirements. 13. SITE LIGHTING Site lighting may be required as a condition of development and any such lighting shall be located, oriented and shielded so as not to adversely affect adjacent properties. 14. REFUSE COLLECTION AND STORAGE (a) Refuse and garbage shall be kept in a suitably-sized enclosure for each use within each land use district. (b) Refuse and garbage areas shall be effectively screened until such time as collection and disposal is possible. (c) All refuse on any construction site shall be properly screened or placed in an approved enclosure until removed for disposal. 15. SERVICING All development shall be required to connect to both the municipal water supply and sewerage system where the municipal services are, in the opinion of the Municipal Planning Commission, reasonably available. Page 56 Town of Nobleford Land Use Bylaw No. 614 16. DEVELOPMENT AGREEMENTS Where a development is proposed in any land use district which would require servicing and additional improvements beyond that which the municipality might normally supply, the Municipal Planning Commission shall require that a development agreement which would establish the responsibilities of each of the involved parties be entered into by the developer(s) and the municipality, registered by caveat against the title at the expense of the developer. 17. SATELLITE DISHES, RADIO AND TELEVISION ANTENNAE Satellite dishes of 1.5 m (5 ft.) or greater in diameter and radio and television antennae are accessory uses which require a development permit and are subject to the following: (a) a satellite dish, radio antenna or television antenna shall only be located in a rear yard or side yard which does not abut on a street subject to principal setbacks; (b) no advertising shall be allowed on a satellite dish, radio antenna or television antenna; (c) the illumination of a satellite dish, radio antenna or television antenna is prohibited. 18. HAZARDOUS CHEMICAL STORAGE The storage of bulk hazardous chemicals, as defined in the Occupation Health and Safety Act, shall not be permitted within the Town. 19. DEMOLITION No person shall commence or cause to be commenced the removal, relocation, or demolition of any building or structure, or portion thereof, unless a removal, relocation or demolition permit has first been obtained from the authorized jurisdiction. 20. OFF-STREET PARKING AREA REQUIREMENTS (a) Parking areas shall be accessible and laid out and delineated in a manner which will provide for orderly parking. (b) Parking areas shall be constructed in a manner which will permit adequate drainage, snow removal, and maintenance. (c) The Municipal Planning Commission will require that all front parking areas or portions thereof be hard-surfaced. (d) Off-street parking may be located in the front yard. (e) In lieu of providing off-street parking, an owner of land to be developed may, subject to the approval of Council, pay to the municipality such amount of money on such terms as the Council considers reasonable in return for the equivalent public parking space to be provided by the municipality elsewhere in close proximity to the development. Town of Nobleford Land Use Bylaw No. 614 Page 57 To be eligible for the payment-in-lieu provision, a minimum of 50 percent of the total parking requirement for the development shall be provided in accordance with Section 2 of this schedule. (f) All parking spaces provided shall be on the same lot as the building or use, except that the Municipal Planning Commission may permit parking spaces to be on a lot within 152.4 m (500 ft.) of the building or use if determined impractical to provide parking on the same lot with the building or use. Where such other parking space is provided, a caveat approved by Council shall be registered against the lot. 21. SPECIFIC REQUIREMENTS (a) The following shall be used to calculate the off-street parking spaces required for a proposed development: Use No. of Stalls Required Dwellings: One unit, modular, moved-in, ready-to- move and manufactured dwellings ....... 2 per dwelling unit Two unit dwelling .................................. 2 per dwelling unit Multi-family dwellings ........................... 2 per dwelling unit All others ................................................ As required by the MPC Licensed premises ....................................... 1 per 2 seating spaces Retail stores and personal service shops .... 1 per 55.7 m2 (600 sq. ft.) of gross floor area Banks and offices ........................................ 1 per 65.0 m2 (700 sq. ft.) of gross floor area Service stations ........................................... 1 per employee and 2 per service bay Motels ......................................................... 1 per guest room Restaurants and cafes ................................. 1 per 4 seating spaces Industrial and heavy commercial uses and public utility structures .......................... 1 per 65.0 m2 (700 sq. ft.) of gross floor area; or 1 per 3 employees, whichever is greater, with a minimum of 2 spaces All other uses .............................................. As required by the MPC (b) Calculation of parking requirements resulting in a fractional number shall be rounded to the next highest number. Page 58 Town of Nobleford Land Use Bylaw No. 614 22. LOADING AREA REQUIREMENTS (a) There shall be a minimum of one off-street loading area per building in the Downtown Commercial - DTC and Commercial/Industrial - CI land use districts, except as provided for in Section 3(e) of this schedule. (b) The Municipal Planning Commission may require that off-street loading areas be provided in land use districts other than the Downtown Commercial - DTC and Commercial/Industrial - CI land use districts. (c) All loading areas shall provide a doorway into a building sufficient to meet the needs of the use within the building. (d) Each loading area shall be designed in such a manner that it will not interfere with convenient and safe pedestrian movement, traffic flow, or parking. (e) The Municipal Planning Commission may consider a joint loading area for two or more uses if, in their opinion, such a loading area would facilitate orderly development or relieve congestion in the immediate area. (f) The Municipal Planning Commission may require additional loading areas or doors if, in his or their opinion, such additional areas or doors are deemed necessary. 23. CANNABIS PRODUCTION FACILITY (a) The owner or applicant must provide, as a condition of development permit, a copy of the current license for all activities associated with cannabis production as issued by Health Canada. (b) The owner or applicant must obtain, and maintain on a permanent basis, any other approval, permit, authorization, consent or license that may be required to ensure compliance with applicable federal, provincial or other municipal legislation. (c) The development must be carried out in a manner whereby all of the processes and functions are fully enclosed within a stand-alone building including all loading stalls and docks, and garbage containers and waste material. (d) The development shall not operate in conjunction with another approved use. (e) The development shall not include an outdoor area for storage of goods, materials or supplies. (f) 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. (g) The Municipal Planning Commission may require, as a condition of a development permit, a public utility and waste management analysis, completed by a qualified professional, that includes detailed information on: (i) the incineration of waste products and airborne emissions, including smell; (ii) the quality and characteristics of liquid and waste material discharged by the facility; and (iii) the method and location of collection and disposal of liquid and waste material. Town of Nobleford Land Use Bylaw No. 614 Page 59 24. CANNABIS RETAIL STORE (a) A cannabis retail store use must be a separate use from any other uses or business activities unless it is a use or activity expressly authorized by the Alberta Gaming and Liquor Commission (AGLC). (b) A cannabis retail store use must obtain the necessary license from the AGLC and proof of license shall be required as a condition of development permit approval. (c) If at any time an approved cannabis retail store use has its AGLC license revoked or the license expires, the development permit issued to the cannabis retail store shall be null and void. (d) The owner or applicant must obtain, and maintain on a permanent basis, any other approval, permit, authorization, consent or license that may be required to ensure compliance with applicable federal, provincial or other municipal legislation. (e) A development permit for a cannabis retail store shall not be approved if the premises (measured from the nearest wall of the cannabis retail store) is located within a 100 m separation distance (see Appendix E) of any of the following: (i) the boundary of a parcel of land on which a school is located; (ii) the boundary of a parcel of land on which a hospital is located; (iii) the boundary of a parcel designated as school reserve (SR) or municipal and school reserve (MSR) is located; or (iv) the boundary of a church, park, playground, walking path (current or future) or museum is located. (f) The specified separation distances in subsection (e) are not eligible to be varied (waived) by the Designated Officer, Municipal Planning Commission or the Subdivision and Development Appeal Board. (g) The hours of operation for a cannabis retail store shall be limited to 10 a.m. to 9 p.m. daily. (h) A cannabis retail store is not eligible to be developed as a home occupation. (i) Application requirements for a cannabis retail store are as follows: (i) prior to applying for a municipal development permit for a cannabis retail store, the applicant is required to apply to the AGLC for a determination of eligibility to obtain a licence, and submit verification of the AGLC eligibility as part of the development application; (ii) a detailed business plan including hours of operations, number of employees and any other relevant matters; (iii) documentation demonstrating how the cannabis retail store complies with the Conditions Governing Cannabis Store Premises under the Alberta Gaming, Liquor and Cannabis Regulation; (iv) proposed exterior business signage and information demonstrating compliance with the Alberta Gaming and Liquor Commission store names; Page 60 Town of Nobleford Land Use Bylaw No. 614 (v) a site plan including details of the proposed store and a detailed listing of surrounding land uses, both on adjacent (contiguous) parcels and within 100 m from the site subject of the application (drawn on a high quality and clearly legible site plan with text descriptions). 25. INTERMODAL CONTAINERS All intermodal containers shall be subject to the following general standards: (a) In residential, Downtown Commercial - DTC, and Public - P land use districts, one intermodal container may be placed on a lot one time for up to 6 months, within a 1-year period. (b) For the purposes of 25(1), the property owner shall notify the Development Authority of the date when the intermodal container is placed in a residential, Downtown Commercial - DTC or Public - P land use district. If no notice or other acceptable verification is provided to the Development Authority, the intermodal container shall be deemed to have been in use for the period of three months immediately prior to the date when the Development Authority initially requests confirmation of when the intermodal container was placed on the property. (c) Intermodal containers in residential land use districts shall be a maximum of 6.1 m (20 ft) in length. (d) Intermodal containers shall be used for storage only and shall not be used as a construction material or as a building for a commercial, industrial, or residential use. (e) Intermodal containers must comply with the setbacks, site coverage and standards of development for accessory buildings in the applicable land use district. (f) Notwithstanding 25(5), in residential land use districts, accessory building setbacks and yard placement do not apply to intermodal containers, except that intermodal containers shall not be located within the clear vision triangle as established in Section 1 of Schedule 4. (g) Intermodal containers that request a waiver of any bylaw provisions shall be required to apply for a development permit, as per the Administrative and Development Permit sections of this bylaw. Schedule 5 Modular and Ready-To-Move (RTM) Housing Town of Nobleford Land Use Bylaw No. 614 Page 61 Schedule 5 MODULAR AND READY-TO-MOVE (RTM) HOUSING MODULAR HOME means a new dwelling unit that is manufactured in a remote facility and then delivered to their intended site of use. It is a residential building of one or more sections constructed within a factory and transported to a site and installed on a basement. READY-TO-MOVE (RTM) HOME means a new dwelling unit not previously occupied that would normally be built on a construction site, plant site, or building yard. The dwelling is then transported as one unit, delivered to the client's location, and installed on a basement. 1. The approval authority shall issue a development permit for a modular or ready-to-move (RTM) home provided that: (a) the dwelling is a factory-built unit that meets the manufactured housing industry and CSA standards and the building code; (b) the dwelling is securely fastened and must be placed on a basement; (c) the minimum roof pitch shall not be less than a 4/12 pitch; (d) the minimum floor area of the principal dwelling not including an attached garage shall not be less than 79.89 m2 (800 sq. ft.); (e) the dwelling shall be a minimum 7.3 metres (24 ft.) in width and not greater than 20.0 m (66 ft.) in length; (f) the unit is CSA certified (meets CSA A-277 Standards) and will meet all safety code requirements; (g) the design, character, and appearance (including roof lines/material and exterior finish) of modular homes shall be consistent with the purpose of the district in which the building is located and shall take into account any other buildings existing in the vicinity; (h) at the discretion of the Development Officer or the Municipal Planning Commission, the exterior finish, colour and roofing material may be stipulated as a condition of approval; (i) the dwelling shall conform to any architectural controls that may apply. 2. As a condition of approval the Designated Officer or the Municipal Planning Commission, at their discretion, may place other conditions on a development permit including the requirement that the developer provide landscaping, fencing, address drainage issues, or other such matters it considers necessary if, in his or its opinion, they would serve to improve the quality or compatibility of any proposed development. 3. The building and the land upon which it is to be located shall be subject to all conditions and regulations specified for the particular land use district set out in the Land Use Bylaw. Page 62 Town of Nobleford Land Use Bylaw No. 614 4. The building, when completed, shall meet or exceed provincial building requirements. 5. The applicant/developer must submit professional building plans illustrating the exterior design, floor plan, elevations and setbacks. 6. The quality of the completed building shall be at least equal to the quality of the other buildings in the area. 7. If there is any doubt as to the required standards being met, the Designated Officer may refer the application to the Municipal Planning Commission for a decision. 8. The Designated Officer or Municipal Planning Commission may require a bond or irrevocable letter of credit of a minimum $5000.00 to a maximum value of up to 50 percent of the assessed value of the building to ensure the conditions of the development permit for a principal building are met. Schedule 6 Moved-In Building Standards Town of Nobleford Land Use Bylaw No. 614 Page 63 Schedule 6 MOVED-IN BUILDING STANDARDS The following restrictions apply to all moved-in buildings: 1. The building and the land upon which it is to be located shall be subject to all conditions and regulations specified for the particular land use district set out in the Land Use Bylaw. 2. The building, when completed, should meet or exceed Alberta Uniform Building Standards. 3. The building should comply with all provincial and municipal health and fire regulations. 4. The quality of the completed building shall be equal to or better than the quality of the other buildings in the area. 5. A report from a building inspector or engineer regarding the structure, plumbing and electrical shall be filed before an application is considered. 6. A limit of the time of completion and full compliance with all stipulated requirements shall be established by the Designated Officer at the time of the approval of the application. 7. The Designated Officer may require a recent colour photograph. 8. The Municipal Planning Commission may require a bond or irrevocable letter of credit of a minimum of 50 percent of the estimated value of the structure or $2,000.00, whichever is greater, to ensure the conditions of the development permit are met. 9. Return of the posted bond or irrevocable letter of credit is contingent on the Designated Officer verifying the completion of all the conditions of this schedule and the development permit. 10. A copy of the occupancy permit shall be submitted to the Town office prior to occupancy. Schedule 7 Home Occupations Town of Nobleford Land Use Bylaw No. 614 Page 65 Schedule 7 HOME OCCUPATIONS 1. The intent of this schedule is to provide regulations respecting home occupation in accordance with the following objectives: (a) to protect residential areas and districts from incompatible non-residential land uses; (b) to ensure that commercial and industrial uses are located in appropriate commercial or industrial districts; (c) to facilitate, where appropriate, the establishment of suitable home occupations as a means to foster small-scale business, while ensuring such businesses are relocated to suitable commercial or industrial districts when they become incompatible with a residential area or become unsuitable as a home occupation. 2. Home occupations may be approved under the following classifications: (a) Home Occupation A - a home-based occupation that involves the establishment of a small-scale business incidental to the primary use of the residence and which does not involve: (i) outdoor storage and/or display of goods; (ii) non-resident employees; and/or (iii) customer/client visits to the residence. (b) Home Occupation B - a home-based occupation involving the establishment of a small-scale business incidental to the primary use of the residence that does not meet the criteria for a Home Occupation A and which may involve: (i) the use of an accessory building; (ii) outdoor storage and/or display of goods within the residence or accessory building; (iii) one non-resident employee; and/or (iv) customer visits. Note: Bed and breakfast operations and home-based day care providing care and supervision for periods of less than 24 consecutive hours to not more than seven children may be classified as a Home Occupation B in compliance with the applicable standards. 3. GENERAL STANDARDS The following standards apply to Home Occupations A and B: (a) The business operator must be a full-time resident of the home. (b) No variation in the residential character and appearance of the dwelling, accessory building, or land shall be permitted. Page 66 Town of Nobleford Land Use Bylaw No. 614 (c) The use shall not generate more vehicular or pedestrian traffic and vehicular parking than normal within the district. (d) No commercial vehicle of a capacity greater than 907.2 kg (1 ton) shall be parked or maintained on a public road right-of-way or lane. (e) No offensive noise, vibration, electrical interference, smoke, dust, odours, heat or glare shall be produced by the use. (f) No use shall cause an increase in the demand placed on any one or more utilities (water, sewer, garbage, etc.) such that the combined total consumption for a dwelling and its home occupation exceed the normal demand for residences in the area. (g) No use requiring electrical or mechanical equipment shall cause a fire rating change in the structure or the district in which the home occupation is located. (h) The approved use shall be valid only for the period of time the property is occupied by the applicant for such approved use. (i) All permits issued for home occupations shall be subject to the conditions that the permit may be revoked at any time, if, in the opinion of the Municipal Planning Commission, the use is or has become detrimental to the residential character or the amenities of the neighbourhood. (j) Home occupations shall not include: (i) activities that use or store hazardous materials; (ii) any use that would, in the opinion of the Municipal Planning Commission, materially interfere with or affect the use, enjoyment or value of neighbouring properties; (iii) any use stated in this bylaw or declared by resolution of Council to be undesirable as a home occupation. (k) Only one home occupation shall be permitted per dwelling. (l) Signage advertising a Home Occupation A is limited to one sign located in the structure window up to a maximum of 0.4 m2 (4 sq. ft.) in size. Signage advertising a Home Occupation B shall be as approved by the Municipal Planning Commission. (m) The development permit for the use shall be valid only for the period of time the property is occupied by the applicant for such approved use. 4. HOME OCCUPATION B STANDARDS In addition to the general standards, the following standards shall apply to Home Occupation B permits: (a) A maximum of one non-resident employee is allowed. For the purposes of this provision, a non-resident employee is someone who does not live at the home. (b) Outdoor storage shall be screened from adjacent properties and the public view. (c) Customer and employee parking, in addition to the parking requirements for residential use, may be required. Town of Nobleford Land Use Bylaw No. 614 Page 67 (d) The number of customer visits and hours of operation may be limited by the Municipal Planning Commission to minimize impacts on surrounding residential uses. (e) The home occupation shall not be permitted if, in the opinion of the Municipal Planning Commission, the use would be more appropriately located within a commercial or industrial district. Schedule 8 Sign Regulations Town of Nobleford Land Use Bylaw No. 614 Page 69 Schedule 8 SIGN REGULATIONS 1. DEFINITIONS For the purpose of this bylaw, certain terms or words herein shall be interpreted or defined as follows: Area of a sign means the total superficial area within the outer periphery of the said sign, and, in the case of a sign comprised of individual letters or symbols, shall be calculated as the area of a rectangle enclosing the letters or symbols. Frames and structural members not bearing advertising matter shall not be included in computation of surface areas. Billboard means a visual device and its structure and component parts which is intended to advertise or call attention to any matter, object, event or person, where the copy area is usually leasable and where the subject matter is not necessarily related to a use at or around the parcel on which the billboard is located. "Sign" is a separate use. Business frontage means: (a) any side of a separate property or building which abuts a public street or avenue; or (b) in the case of individual business or tenants within a building, any businesses which has separated access to a public street. Fascia sign means a sign placed flat and parallel to the face of the building so that no part projects more than one foot from the building. Freestanding sign means a sign on a standard or column permanently attached to the ground, and which is not connected in any way to any building or other structure. Freestanding portable sign means a sign on a standard or column fixed to its own self- contained base and capable of being moved manually. Marquee or canopy means a projection outward from the face of a building, primarily designed to provide protection from climatic elements. Marquee or canopy sign means a sign attached to a marquee or canopy. Merchandising aids means devices used for the display of merchandise and related advertising material. Point-of-sale advertising means advertising which is related to the name of the occupier or firm, the nature of the business conducted and/or the goods produced, and/or the main products and services sold or obtainable at the premises on which the advertising is displayed. Projecting sign means a sign which is attached to a building or structure so that part of the sign projects more than 0.3 m (1 ft.) from the face of the building or structure. Roof means the top enclosure, above or within the vertical walls of a building. Roof sign means any sign placed on or over a roof. Page 70 Town of Nobleford Land Use Bylaw No. 614 Sign means an outdoor visual device and its structure and component parts, intended to identify, advertise or call attention to any matter, object, event or person having to do with a use on the parcel on which the sign is located. This use excludes traffic signs, railway operating signs, window displays, signs on licensed vehicles, and national, provincial or municipal flags. "Billboard" is a separate use. Sky sign means a roof sign comprising individual letters or symbols on an open framework. 2. EXEMPTIONS (a) The following shall be exempted from the provisions of these sign regulations: (i) signs displayed on enclosed land where they are not readily visible to the public; (ii) signs displayed within a building; (iii) signs displayed in or on an operational vehicle; (iv) signs displayed on door plates, door bars or kick plates. (b) The following specified signs are also exempted from these sign regulations and may be erected without further application being made to the designated officer, provided that the permission hereby granted in respect of any such signs specified below, shall be subject to any conditions or limitations specified in the case of the particular signs, and be subject to all other orders, bylaws and regulations affecting such signs: (i) statutory and official notices and functional advertisements of local authorities and public transport authorities; (ii) traffic and directional signs authorized by council; (iii) notices of identification in respect of the land or building on which they are displayed, and professional business and trade name plates related to the occupants of the land or buildings on which they are displayed, provided that: - each notice or name plate shall not exceed 0.09 m2 (1 sq. ft.) in area; - there shall be a limit of one notice for each occupant of each firm or company represented within the building, at one entrance on each different street; (iv) notices relating to the sale, lease, or rental of the buildings, or land to which they are attached, provided that: - the notice shall not be illuminated; - each notice shall not exceed 0.4 m2 (4 sq. ft.) in area; - there shall be a limit of one notice for each of the land or buildings on a different street; (v) posters relating specifically to a pending election, provided that such posters shall be removed within 14 days after the election; (vi) notices of land or buildings used for religious, educational, cultural, recreational, medical or similar public or quasi-public purposes, provided that: - each notice shall not exceed 1.1 m2 (12 sq. ft.) in area; - there shall be a limit of one notice for each side of the land or buildings on a different street; (vii) signs of building contractors relating to constructional work in progress on the land on which such signs are erected, provided that: Town of Nobleford Land Use Bylaw No. 614 Page 71 - such signs shall be removed within 14 days of occupancy; - such signs shall be limited in size to a maximum of 6.0 m2 (65 sq. ft.) and in number to one sign for each boundary of the property under construction which fronts onto a public street; (viii) temporary signs referring to sales which are displayed upon the premises upon or within which such sales will be or are being conducted, provided that: - the signs shall not be illuminated and shall be constructed of paper, canvas, cardboard, or other light materials or painted on glass and intended to be displayed for a short period of time only; - such signs shall not be erected more than 7 days before the commencement of the sale to which they refer and shall be removed within 8 days of the completion of the said sale; (ix) freestanding portable signs are exempted, provided that: - such signs shall be removed within 14 days of occupancy; - the overall height of the sign shall not be greater than 1.5 m2 (5 ft.) above ground level; - the maximum area of the sign shall not exceed 1.1 m2 (12 sq. ft.); (x) signs on merchandising aids are exempted, provided that: - any device shall be placed wholly within the property lines; - the overall height of any sign shall not be greater than 1.8 m (6 ft.) above ground level; - the maximum area of any sign shall not exceed 1.1 m2 (12 sq. ft.). 3. DETAILS OF APPLICATION (a) Applications for a development permit shall be made to the designated officer. The application shall be: (i) made out on the official form provided by the designated officer; (ii) supported by two copies of drawings drawn to scale. Where a building is involved, the scale shall not be smaller than 1:100. In the case of a plot plan, the scale shall not be smaller than 1:360; (iii) The drawings shall indicate: - the location of the sign by elevational drawing or plot plan; - the overall dimensions of the sign; - the size of the letters or letter; - the amount of projection from the face of the building; - the amount of projection over Town property; - the height of the sign above the Town street or sidewalk, or the height above the average ground level at the face of the building; - the manner of illuminating the sign and any form of animated or intermittent lights that may be embodied in the construction; - the least distance that the sign will be erected from an intersection of one street with another; also, the least distance from any device for the control of traffic at such an intersection. Page 72 Town of Nobleford Land Use Bylaw No. 614 (b) No person shall perform any work of erection or of placing a sign differing from or enlarging the work for which a development permit has been issued. If during the progress of the work, the applicant desires to deviate in any way from the terms of the original approved development permit, he shall notify the designated officer and submit amended drawings, and if necessary shall make application to the designated officer for approval of the plans as amended. (c) A development permit shall not be required to clean, repair or repaint any sign. 4. GENERAL PROVISIONS (a) All proposed signs, with the exception of the exemptions as provided for in Section 2, shall be authorized by the designated officer prior to any building permit being issued. (b) With the exception of the special provisions relating to billboards, all signs shall contain "point-of-sale advertising" only, as desired. (c) No sign shall be permitted which is attached to a fence, pole, tree or any object in a public street or place. (d) No sign shall be permitted which is attached to or standing on the ground in any public street or place. (e) No signs shall be erected so as to obstruct free and clear vision of vehicular traffic or at any location where it may interfere with, or be confused with, any authorized traffic sign, signal or device. 5. FASCIA SIGNS (a) In the districts defined in the Land Use District Map of the Town of Nobleford as "Commercial/Industrial - CI", fascia signs shall be erected so that they: (i) do not project more than 0.4 m (19 in.) above the top of the vertical face of the wall to which they are attached; (ii) do not exceed in area the equivalent of 25 percent of the superficial area of the wall comprising the business frontage; and (iii) are located on a business frontage as defined. (b) Fascia signs on a flank or gable which is not a business frontage, as defined, shall be considered by the designated officer according to the merits of the individual application. (c) On commercial or industrial buildings which are non-conforming uses in residential districts, fascia signs shall be considered by the designated officer according to the merits of the individual application. 6. MARQUEE AND CANOPY SIGNS (a) Marquee and canopy signs shall be considered as fascia signs according to the provisions of Section 5, provided that: (i) they shall be attached to the front edge of the marquee or canopy; (ii) no additional supporting wires or stays shall be attached to the canopy or wall; Town of Nobleford Land Use Bylaw No. 614 Page 73 (iii) no portion of the sign shall project below the bottom edge, or more than 0.5 m (18 in.) above the top edge of the marquee or canopy; (iv) a sign not exceeding 0.3 m (1 ft.) by 1.2 m (4 ft.) in outside dimensions may be suspended below a marquee or canopy provided no part of the sign shall be closer than 2.4 m (8 ft.) to the ground or sidewalk. (b) Roof signs shall be considered as fascia signs according to the provisions of Section 5, where the following conditions are met: (i) the sign shall be attached to the front edge of the roof; (ii) no additional supporting wires or stays shall be attached to the roof; (iii) no portion of the sign shall project more than 0.5 m (18 in.) above the roof. 7. PROJECTING SIGNS In districts defined as "Commercial/Industrial - CI", freestanding signs shall be erected so that: (a) no part of the sign, excluding that portion which is used for support and which is free of advertising, shall be less than 3.0 m (10 ft.) above the ground or sidewalk grade; (b) no part of the sign shall project more than 1.8 m (6 ft.) over public property, or come within 0.6 m (2 ft.) of the curb or edge of a roadway; (c) no part of the sign shall project more than 0.5 m (18 in.) above the top of the vertical face of the wall to which it is attached; (d) the space between the sign and supporting structure shall not be more than 0.6 m (2 ft.); (e) there shall be only one projecting sign for each business frontage provided that, if a business frontage shall exceed 15.2 m (50 ft.), a further projecting sign shall be permitted for each additional 15.2 m (50 ft.) or portion thereof; (f) the permitted areas of the sign shall be related to the amount of projection from the face of the building as follows: m ft. m ft. m ft. m ft. Amount of Projection 1.8 6 1.5 5 1.2 4 0.9 3 or less m2 sq. ft. m2 sq. ft. m2 sq. ft. m2 sq. ft. Maximum Area of Sign 3.3 35 4.5 48 5.6 60 7.0 75 (g) support shall not be provided by an "A" frame. Page 74 Town of Nobleford Land Use Bylaw No. 614 8. FREESTANDING SIGNS (a) In districts defined as "Commercial/Industrial - CI", freestanding signs shall be erected so that: (i) no part of the sign, excluding that portion which is used for support and which is free of advertising, shall be less than 3.0 m (10 ft.) nor more than 9.1 m (30 ft.) above ground or sidewalk grade; (ii) no part of the sign shall project beyond the property line; (iii) the area of the sign shall not exceed the ratio of 0.1 m2 (1 sq. ft.) for each linear 0.3 m (1 ft.) of business frontage to a maximum of 8.4 m2 (90 sq. ft.) with the area of the sign being computed exclusive of the pylon or support provided that it is free of advertising; (iv) there shall not be more than one freestanding sign for each business frontage. 9. BILLBOARDS In the "Commercial/Industrial - CI" district only, billboards shall be considered by the designated officer according to the merits of each individual application, and shall be subject to the conditions that: (a) the structure shall not exceed the maximum area of 18.6 m2 (200 sq. ft.) each and maximum dimensions of 3.0 m (10 ft.) in height and 6.1 m (20 ft.) in length; (b) the vertical posts supporting the structure shall not project above the upper edge of the boardings; (c) any additional bracing shall be contained within the front and rear faces of the vertical posts; (d) the rear of any billboard, which is plainly visible from a public thoroughfare, shall be covered with wooden slats or trellis fixed against the rear edge of the vertical posts and painted; (e) no part of the structure shall project over public property; (f) no billboard shall be erected less than 61.0 m (200 ft.) from any existing billboard; (g) the structure shall at all times be kept in good order and repair; (h) the structure shall be consistent with the Highway Traffic Act. 10. ILLUMINATED ROOF AND SKY SIGNS Illuminated roof and sky signs in commercial and industrial districts shall be considered by the designated officer according to the merits of each individual application, provided that: (a) the designated officer shall be satisfied that the purpose of the sign cannot be achieved by another type of sign; (b) the sign must refer to the principal use of the building on which it is erected. Town of Nobleford Land Use Bylaw No. 614 Page 75 11. VARIANCES Where there are exceptional circumstances or conditions applicable to a particular property to the extent that practical difficulties, or results inconsistent with the general purpose of these regulations may result from their strict and literal interpretation and enforcement, variances shall be considered by the designated officer or Development Authority according to the merits of the individual application. 12. EXISTING SIGNS These Sign Regulations shall not be applied to signs legally in existence at the date of the adoption of this bylaw; however, when the use to which the sign pertains is discontinued, if the sign is non-conforming it must be removed. Schedule 9 Definitions Town of Nobleford Land Use Bylaw No. 614 Page 77 Schedule 9 DEFINITIONS A Accessory building means a building or structure that is incidental or subordinate to and customarily found in connection with a primary structure or use, located on the same lot as the principal building or use, but does not include a building or structure used for human habitation. Figure 9.1 Primary accessory building means the primary accessory building located on the same lot as the principal building and or garage. Secondary accessory building means any additional accessory buildings after the primary accessory building has been established. Accessory use means a use of a building or land, which is incidental to and subordinate to the principal use of the site on which it is located. Anhydrous ammonia and other bulk fertilizer storage means an establishment where fertilizer goods are received and stored for the purpose of distribution. Act means the Municipal Government Act, Revised Statutes of Alberta, 2000, Chapter M-26, as amended. Applicant means the registered owner of the land or his/her representative or agent certified as such. Approved use means a use of land and/or building for which a development permit has been issued by the Designated Officer or the Municipal Planning Commission. Page 78 Town of Nobleford Land Use Bylaw No. 614 Area redevelopment plan means a statutory plan accepted or adopted by Council as an area redevelopment plan pursuant to the Act. Area structure plan means a statutory plan in accordance with the Municipal Government Act and for the purpose of providing a framework for subsequent subdivision and development of an area of land in the municipality. Attached garage means a building or portion of a building that is used for the storage of motor vehicles, which is attached to the principal building by sharing a common wall with the dwelling, and usually contains an access doorway into the principal building. For the purpose of calculating setbacks and site coverage requirements, an attached garage is deemed to be part of the principal building. Automotive service means a facility for the repair and servicing of motor vehicles including, but not limited to, mufflers, oil changes, transmissions, engine replacement services and glass repair. Such facilities do not include the sale of gas. Automotive sales means a development used for the retail sale, lease, and rental of new or used automobiles and/or recreation vehicles. B Balcony means a platform, attached to and projecting from the face of a principal building with or without a supporting structure above the first storey, normally surrounded by a baluster railing and used as an outdoor porch or sundeck with access only from within the building. Basement means the lowest storey of a building, partly or wholly below grade and having its floor below grade by a distance greater than one-half the distance from floor to ceiling. (see Figure 9.2) Figure 9.2 Town of Nobleford Land Use Bylaw No. 614 Page 79 Bed and breakfast means a private dwelling occupied by the owner or operator that offers overnight lodging and breakfast, but no other meal, for a fee, to no more than 8 registered guests at one time. Berm means a dyke-like form used to separate incompatible areas or uses, or constructed to protect the site or district from vehicular road or other noise. Belt course means a narrow horizontal band projecting from the exterior walls of a building, usually defining the interior floor levels. (see Figure 9.3) Figure 9.3 Boarding house means a building (other than a hotel or motel) containing not more than 15 sleeping rooms where means or lodging for five or more persons are provided for compensation pursuant to previous arrangements or agreement. Building has the same meaning as in the Act. Building height means the vertical distance between average grade and the highest point of a building excluding elevator housing, a roof stairway entrance, a ventilating fan, skylight, steeple, chimney, smoke stack, fire wall or parapet wall, flagpole, or other similar structure. Building inspector means the person or persons appointed by the municipality to be the chief building inspector(s) in and for the Town of Nobleford. Bus depot means any premises for the transient housing or parking of motor-driven buses, and the loading and unloading of passengers. Business support services means services provided to businesses such as clerical, secretarial, employment, telephone answering, photocopying, reproduction processes and similar uses. Page 80 Town of Nobleford Land Use Bylaw No. 614 C Cannabis means a cannabis plant, as defined in the Cannabis Act (Canada) and its regulations, as amended from time to time. Cannabis accessory means cannabis accessory items as defined in the Cannabis Act (Canada) and its regulations, as amended from time to time. Cannabis production facility means a building where federally approved cannabis plants, for either medical or recreational use, are grown, processed, packaged, tested, destroyed, stored or loaded for shipping, and that meets all applicable federal and provincial requirements. Cannabis retail store means a retail store licensed by the Province of Alberta where cannabis and cannabis accessories are sold to individuals who attend at the premises and for which any product sales are expressly authorized by the Alberta Gaming and Liquor Commission (AGLC). This use shall be a standalone use and not in conjunction with any other use. Car wash means the use of a structure or area providing for the cleaning of motor vehicles but does not include truck washes or service stations/gas bars. Carport means a partially-enclosed structure intended for the shelter of one or more motor vehicles. Enclosure is limited to the roof and to a height of not greater than 0.9 metres (3 ft.) above the ground or finished surface of the carport. (see Figure 9.4) Figure 9.4 Cemetery means land used or dedicated to the burial of the dead, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Change of Use means the conversion of land or building or portion thereof from one land use activity to another in accordance with the Permitted or Discretionary Uses as listed in each Land Use District. Clear vision triangle means a triangular area on a corner lot formed by an imaginary line starting at the point of intersection of the two street property lines and extending 6.1 m (20 ft.) from their point of intersection. Town of Nobleford Land Use Bylaw No. 614 Page 81 Clubs and fraternal organizations means development used for the meeting, social or recreational activities of members of a non-profit philanthropic, social service, and athletic, business or fraternal organization, without on-site residences. Clubs and fraternal organizations may include rooms for eating, drinking and assembly. Commercial recreation means a facility or building that charges a fee and is not operated by a public body that is used for recreational activities. This use includes commercial campgrounds. Corner lot means a lot located at the intersection or junction of two or more streets (not including lanes). Corner side means the lot line on a corner lot that has road frontage but is not the lot line from which primary access or development to the building is gained. (see Figure 9.5) See Setback. Figure 9.5 Council means the Council of the Town of Nobleford in the Province of Alberta. Cultivation and grazing of land means the agricultural process of growing plants (crops) on arable lands and allowing the animals to (graze) feed on the grasses. D Day care centres means a building or portion thereof used for the provision of care, maintenance and supervision of seven or more children, by persons unrelated to the children by blood or marriage, for periods not exceeding 24 consecutive hours and includes all day care centres, nurseries and after-school or baby-sitting programs which meet the conditions of this definition. Deck means a paved, wooden, or other hard-surfaced area generally adjoining a principal building intended for outdoor living space that is 0.61 metres (2 ft.) or greater above grade. Page 82 Town of Nobleford Land Use Bylaw No. 614 Demolition means the pulling down, tearing down or razing of a building or structure. Designated Officer means a person authorized by Council to act as a Development Authority pursuant to Section 624(2) of the Municipal Government Act and in accordance with the municipality's Municipal Planning Commission and Subdivision and Development Authority Bylaw. Development means: (a) an excavation or stockpile and the creation of them; (b) a building or an addition to or replacement or repair of a building and the construction or placing of any of them in, on, over or under land; (c) a change of use of land or a building or an act done in relation to land or a building that results in a 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. Development agreement means an agreement between the developer and the municipality to: (a) construct or pay for the construction of public roadways or parking areas; (b) install or pay for the installation of utilities, and/or any municipal service mutually agreed upon; (c) pay for an off-site levy or redevelopment levy imposed by bylaw. Development Authority means the Municipal Planning Commission or the Designated Officer as provided for within this bylaw. Development permit means a permit issued pursuant to this bylaw authorizing a development. A development permit does not constitute a building permit. Discretionary use - see Use, discretionary. District means a defined area of a municipality as set out in the land use district schedule of uses and indicated on the Land Use Districts Map. Drive-in/drive-through restaurant means an establishment where food is prepared and served on the premises for sale to the public and includes car attendant and/or drive-through, pick-up service. Dwelling means a self-contained premise designed for human habitation which includes provisions for cooking, sleeping and sanitary facilities. Town of Nobleford Land Use Bylaw No. 614 Page 83 One unit means a building constructed on the lot intended for occupancy containing a single dwelling which is not attached to any other dwelling by any means. For the purposes of this bylaw, one unit dwelling does not include manufactured homes, modular dwellings, moved-in dwellings, or ready-to-move dwellings. (see Figure 9.6) Figure 9.6 Two unit means a building containing two separate dwelling units connected by a common wall or ceiling but legally subdivided by a property line. (see Figure 9.7) e Figure 9.7 Multi-unit means a building other than a townhouse/row dwelling containing three or more separate dwelling units. (see Figure 9.8) Figure 9.8 Page 84 Town of Nobleford Land Use Bylaw No. 614 Manufactured home means a new residential building containing one dwelling unit built in a factory and designed to be transported in one or more sections to a suitable site. The home is transported in on a dolly (with wheels) and the wheels are removed when the home arrives to the site. New manufactured homes shall be constructed to either the CSA Z241 or CSA A277 standards. The homes are typically placed on foundation supports, skirted, installed to CSA Z240.10.1 standards, and connected to utilities. Modular means a new dwelling unit that is manufactured in a remote facility and then delivered to their intended site of use. It is a residential building of one or more sections constructed within a factory and transported to a site and installed on a basement. Moved-in means a conventional, previously occupied building which is physically removed from one site, transported and re-established on another site for use as a residence, but does not include modular dwellings, manufactured homes, or ready-to-move dwellings. Ready-to-move (RTM) means a new dwelling unit not previously occupied that would normally be built on a construction site, plant site, or building yard. The dwelling is then transported as one unit, delivered to the client's location, and installed on a basement. Townhouse/row means a building containing three or more separate dwelling units with each unit placed side by side and each having a separate front and rear entrance. (see Figure 9.9) Figure 9.9 E Easement means a right held by one part in land owned by another. F Family means one or more persons occupying a dwelling unit as a single housekeeping unit. Town of Nobleford Land Use Bylaw No. 614 Page 85 Farmstead means the accessory part of an agricultural parcel developed with dwellings, structures, shelter belts, dugouts, storage areas for farm equipment, produce and fertilizer, etc. necessary to the extensive cultivation and/or grazing use of the major portion of land. Farm machinery/industrial machinery sales, rental and service means the use of land or buildings for the sale, service and/or rental of agricultural implements and/or 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 may be allowed as part of the principal use or as accessory uses. Fence means a structure usually made of wood, rails, bricks or wire used as an enclosure, to mark parcel boundaries or for screening purposes about all or part of a lot. Fertilizer storage and sales means a development used to store bulk fertilizer for distribution. This use class does not include the sales of bagged fertilizer in a retail shop. Financial institution means a development or use primarily for providing the service of banking or lending money, such as a bank, savings and loan institution, or credit union. Floor area means the sum of the gross horizontal area of the several floors and passageways of a building not including basements, attached garages and open porches. Free standing sign means a sign on a standard or column permanently attached to the ground and which is not connected in any way to any building or other structure. Front yard means a yard extending across the full width of a lot and situated between the front lot line and the nearest portion of the principal building. Foundation means the supporting base structure of a building. G Garage (residential) means an accessory building designed and used for storage of motor vehicles. Government service means development providing municipal, provincial or federal government services directly to the public or the community at large and includes development required for the public protection of persons or property. Grade means the average elevation of the finished ground or street surface. Grain elevator means a facility for the collection, grading, sorting, storage, and transshipment of grains. Page 86 Town of Nobleford Land Use Bylaw No. 614 H Heavy manufacturing and industrial processes means a development for manufacturing, assembling or fabricating activities on a large scale, where there may be external effects from the activity such as smoke, noise or odour or other similar nuisances. Home occupation means any occupation, trade, profession or craft carried on by an occupant of a residential building as a use secondary to the residential use of the building, and which does not change the character thereof. See Schedule 7 for definitions of Home Occupation A and Home Occupation B. Hotel/motel means a building used primarily for sleeping accommodation and ancillary services provided in rooms or suites of rooms that may contain bar/kitchen facilities. The building may also contain commercial or other uses and may offer such additional services as parking facilities, restaurant or dining room, room service or public convention facilities. Hospital means a provincial health care facility, as defined in the Hospitals Act, providing medical treatment on both an in-patient and an out-patient basis and may include provision for outdoor amenity areas, laundry facilities, maintenance buildings and air transport facilities. I Institutional means a use by or for an organization or society for public or social purposes and, without restricting the generality of the term, includes senior citizen housing, nursing homes, day care centres, places of worship, museums, libraries, schools, service and fraternal organizations, and government buildings. Interior lot means any lot other than a corner lot. Intermodal container means any container that was used or intended to be used for the transport of goods by means of rail, truck, or by sea. These are generally referred to as C- Container, sea cargo container, sea can, cargo container or portable storage bin. Such containers are typically rectangular in shape and are generally made of metal. When used for any purpose other than transporting freight or as inventory to be sold, an intermodal container shall be considered an accessory building and subject to the standards and requirements of the Land Use Bylaw. K Kennel means a facility where dogs or cats or other domestic pets are maintained, boarded, bred, trained or cared for or kept for the purposes of sale but excludes a veterinary clinic. Town of Nobleford Land Use Bylaw No. 614 Page 87 Figure 9.10 L Lane means a public roadway, not exceeding 9.1 metres (30 ft.) in width which provides a secondary means of access to a lot. Libraries and Museums means a public facility for the use, but not sale of literary, musical, artistic, or reference materials. A collection of natural, scientific, or literary curiosities displayed for viewing by the public. With or without an admission charge, and which may include as an accessory the sale of goods to the public. Light industry means development used for manufacturing, fabricating, processing, assembly, production or packaging of goods or products, as well as administrative offices and warehousing and wholesale distribution uses which are accessory uses 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 developed portion of the site or lot upon which it is situated. Lodging house - see "Boarding house". Lot means an area of land the boundaries of which are shown on a plan registered in a Land Titles Office, or are described in the Certificate of Title to the land, and that has not been divided into smaller areas by any plan or instrument registered in the Land Titles Office. The words site and parcel shall have the same meaning as the word lot. Lot, corner means a lot located at the intersection or junction of two or more streets. (see Figure 9.10) Lot, double fronting means a lot which abuts two parallel or approximately parallel streets. (see Figure 9.10) Lot, interior means a lot situated between two lots or another lot and a lane and having access to not more than one street. (see Figure 9.10) Lot area means the total area contained within the lot lines of a lot. Page 88 Town of Nobleford Land Use Bylaw No. 614 Figure 9.11 Lot line means the legally defined boundary of any lot. The term property line shall have the same meaning. (see Figures 9.10, 9.11) Lot length means the distance between the front and rear lot lines measured along the median between the side property boundaries. (see Figure 9.11) Lot width means the measurement between the side lot lines measured at the front setback line. (see Figure 9.11) Lumber yard/building supplies means a commercial retail store where lumber, building materials, intermodal containers, hardware and household accessories and other related goods are stored, offered or kept for sale and may include outdoor storage. M Manufactured home park means an unsubdivided parcel of land where space(s) are provided, maintained and operated by an owner or a manager for the long-term parking and occupancy of manufactured homes including any accessory services and ancillary facilities including recreation area. Medical and dental office means development providing medical, health, or dental care on an outpatient basis. Dispensaries are considered a retail store for the purposes of this bylaw. Moved-in building means a conventional, pre-constructed, previously occupied building which is physically removed from one site, transported and re-established on another site and does not include manufactured homes, modular homes, or ready-to-move homes. Municipal Government Act (Act) means the Municipal Government Act, Statutes of Alberta, 2000, Chapter M-26, as amended. Municipal reserve means the land specified to be municipal reserve by a subdivision approving authority pursuant to the Act. Town of Nobleford Land Use Bylaw No. 614 Page 89 Municipal and school reserve means the land specified to be municipal and school reserve by a subdivision approving authority pursuant to the Act. Municipality means the Town of Nobleford in the Province of Alberta. N Non-conforming building, in accordance with the Act, means a building: (a) that is lawfully constructed of lawfully under construction at the date of a land use bylaw or any amendment thereof affecting the building or land on which the building is situated becomes effective; and (b) that on the date of the land use bylaw or any amendment thereof becomes effective does not, or when constructed will not, comply with the Land Use Bylaw. Non-conforming use - see Use, non-conforming. Noxious or hazardous uses are those land uses which may be detrimental to public health, safety and welfare because of toxic gases, noxious smells, wastes, noise, dust or smoke emissions which are incompatible with residential or other development. Nuisance means any use, prevailing condition or activity which adversely effects the use or enjoyment of property or endangers personal health or safety. O Office means development primarily for the provision of professional, managerial or consulting services; the administrative needs of businesses, trades, contractors and other organizations; and service-related businesses such as travel agents and insurance brokers. This excludes government services, the servicing and repair of goods, the sale of goods to the customer on the site, and the manufacturing or handling of a product. Orientation means the arranging or facing of a building or other structure with respect to the points of the compass. Outdoor storage means the open storage of goods, merchandise, materials, vehicles, equipment or processed or unprocessed resources outside of a building on a parcel of land. Owner means the Crown or the person(s) registered under the Land Titles Act as the owner(s) of the fee simple estate in the land. P Parcel - see Lot. Page 90 Town of Nobleford Land Use Bylaw No. 614 Park and playground means land developed for public recreational activities that do not require major buildings or facilities, and includes picnic areas, playgrounds, pedestrian and bicycle paths, outdoor courts, landscaped areas and associated public washrooms and may include equipment for play purposes usually for children and any associated structures and uses. Patio means a paved, wooden, or other hard-surfaced area intended for outdoor living space that is less than 0.61 metres (2 ft.) above grade. A patio is not included in site coverage calculations. Permitted use - see Use, permitted. Personal services means a development used for the provision of services related to personal care and appearance or the cleaning and repair of personal effects and may include the retail sale of associated products. Typical uses include but are not limited to beauty salons, barber shops, health spas, tailors and dressmakers, dry cleaners, laundromats and shoe repair shops but excludes household equipment repair establishments and the provision of medical or health services. Planning advisor means the person or organization retained by the Town of Nobleford to provide planning-related advice and services. Place of worship means a building dedicated to the undertaking of religious practices and activities and includes churches, chapels, temples, parish halls, synagogues, convents, seminaries, monasteries, rectories, mosques and other similar uses and may include such accessory uses as offices for administration of the place of worship, a child care facility and space for social recreational and community activities. Porch means a roofed, open structure projecting from the exterior wall of a building with walls which are open or screened to facilitate use as an outdoor living area. A porch shall be included in site coverage calculations. Principal building or use means the building or use of land or buildings that constitutes the dominant structure or activity on the lot. Private nursing home means a private health facility or institutional-type residential building with multiple accommodation or dwelling units or the care, supervision or rehabilitation of senior-aged individuals, and containing overnight or long-term accommodation. Protective services includes fire halls, police stations and ambulance services. Public roadway means: (a) the right-of-way of all or any of the following: (i) a local road; (ii) a service road; (iii) a street; (iv) an avenue; or Town of Nobleford Land Use Bylaw No. 614 Page 91 (v) a lane; (vi) that is or is intended for public use; or (b) a road, street or highway pursuant to the Public Highways Development Act. R Real property report (RPR) means a legal document that illustrates in detail the location of all relevant, visible public and private improvements relative to property boundaries. Recreation and sports fields means development providing facilities that are available to the public at large for sports and active recreation conducted outdoors. Typical facilities would include golf courses, driving ranges, sports fields, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic fields, boating facilities, Scout/Guide camps, religious outdoor retreat camps and parks, outdoor swimming pools, bowling greens, riding stables and fitness trails. This may include public or private (for-profit) development and may include eating and retails sales ancillary to the use for recreation or sports. Reserve land means environmental reserve, municipal reserve or school reserve or municipal and school reserve. Restaurant means an establishment where food is prepared and served on the premises for sale to the public and may include supplementary alcoholic beverage service and supplementary on- or off-premises catering services. This term includes restaurants, cafes, lunch and tea rooms, ice cream parlours, banquet facilities, take-out restaurants and other uses similar in character and nature to any one of these. Retail store means a building where goods, wares, merchandise, substances, articles or things are stored, offered or kept for sale at retail, and includes storage on or about the store premises of limited quantities of such goods, wares, merchandise, substances, articles or things, sufficient only to service such a store. S School means a place of instruction offering courses of study operated with public or private funds pursuant to the School Act. Screening means a fence, wall, berm or hedge used to visually separate areas or functions which detract from the urban street or neighbouring land uses. Seed cleaning facility means a facility for the collection, cleaning, and transshipment of grains. Seniors housing means development, including lodges, which is used as a residence for elderly individuals not requiring constant or intensive medical care and complies with the Alberta Housing Act, as amended. Page 92 Town of Nobleford Land Use Bylaw No. 614 Service station/gas bar means any lot or building used for the retail sale of motor accessories, gasoline or other fuels and the supply of washing, greasing, cleaning and minor repair services for motor vehicles. Setback means the minimum distance required between property line of a lot and the nearest part of any building, structure, development, excavation or use on the lot and is measured at a right angle to the lot line. (see Figure 9.12) **Note: On a corner lot, the corner side setback is assigned to the frontage that does not provide the primary access to the building or development. Signs means any device (including but not limited to letters, words, numerals, figures, emblems, pictures, or any part or combination) used for visual communication intended to attract the attention of the public and visible to the public right-of-way or other properties. Site - see Lot. Site coverage means the percentage of the lot area which is covered by all buildings and structures on the lot. Site coverage, principal means the percentage of the lot area which is covered by the principal building including any structure attached to the principal building by an open or enclosed roofed structure, including but not limited to attached garages, verandas, covered balconies, covered decks, and porches. Site coverage, accessory means the percentage of the lot area which is covered by the combined area of all accessory buildings and structures and includes uncovered decks. Site, density means the average number of families, persons or dwelling units per unit of land. Figure 9.12 Town of Nobleford Land Use Bylaw No. 614 Page 93 South Saskatchewan Regional Plan means the regional plan and regulations established by order of the Lieutenant Governor in Council pursuant to the Alberta Land Stewardship Act. Stop order means an order issued by the Development Authority pursuant to Section 645 of the Act. Storey means that portion of a building included between the top of any floor and the top of the floor next above, or of the ceiling if there is no floor above it. Street means a public thoroughfare affording the primary means of access to abutting parcels. It does not include lanes. Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, and signs. Subdivision means the division of a parcel by an instrument. Subdivide has a corresponding meaning. Subdivision and Development Appeal Board means the tribunal established, by bylaw, to act as the municipal appeal body for subdivision and development. Subdivision and Development Regulation means regulations established by order of the Lieutenant Governor in Council pursuant to Section 694 of the Act. Subdivision Authority means the body established by bylaw to act as the Subdivision Authority in accordance with Section 623 of the Act. T Temporary Development means a use and/or structure maintained for a designated time period as specified in a temporary development permit and ceased after that time. Townhouse - see Dwelling, townhouse/row. Truck transportation dispatch/depot means a facility for the purpose of storing and dispatching trucks and tractor-trailers for transporting goods. Truck wash means a commercial vehicle washing facility associated with large vehicles such as tractor trailers. U Use means the purposes for which land or a building is arranged or intended, or for which either land, a building or a structure is, or may be, occupied and maintained. Page 94 Town of Nobleford Land Use Bylaw No. 614 Use, discretionary means the one or more uses of land or buildings in a land use district from which a development permit may be approved at the discretion of the Development Authority or Subdivision and Development Appeal Board with or without conditions. Use, non-conforming, in accordance with the Act, means 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 of a land use bylaw or any amendment thereof, affecting the land or building, becomes effective; and (b) that on the date the land use bylaw or any amendment thereof becomes effective does not, or in the case of a building under construction will not comply with the land use bylaw. Use, permitted means those uses as prescribed in Schedule 2 of this bylaw for which a Development Permit shall be issued with or without conditions by the Development Authority upon application having been made to the Development Authority if the proposed development conforms with this bylaw. Use, principal means the main purpose or primary activity for which a site or its buildings are designed, arranged, developed or intended, or for which it is occupied or maintained. Use, similar means a use of land or building(s) for a purpose that is not provided in any district designated in this bylaw, but is deemed by Development Authority to be similar in character and purpose to another use of land or buildings that is included within the list of uses prescribed for that district. Utility means any one or more of the following: (a) systems for the distribution of gas, whether artificial or natural; (b) waterworks systems (facilities for the storage, transmission, treatment, distribution or supply of water); (c) sewage systems (facilities for the collection, treatment, movement of disposal of sanitary sewage); (d) storm sewage drainage facilities; (e) telecommunications systems; (f) systems for the distribution of artificial light or electric power; (g) facilities used for the storage of telephone, cable, remote weather stations or internet infrastructure; and (h) any other things prescribed by the Lieutenant Governor in Council by regulation; but does not include those systems or facilities referred to in subclause (a) through (g) that are exempted by the Lieutenant Governor in Council by regulation. Town of Nobleford Land Use Bylaw No. 614 Page 95 V Veranda means a generally unenclosed, roofed structure adjoining a principal building or built as a structural part of it. A veranda shall be included in site coverage calculations. Veterinary clinic means an establishment for the care and treatment of small animals, including household pets. A building designed for the care, observation or treatment of domestic animals. W Waiver or variance means a relaxation of the numerical standard(s) required of a development as established in the land use bylaw. A waiver cannot be granted for use. Warehousing means the use of a building or portion thereof for the storage and distribution of materials, products, goods and merchandise but does not include a retail component. Y Yard means the area between a lot line and the nearest part of any building, structure, development, excavation or use on the lot. (see Figure 9.13) Figure 9.13 Corner side yard means a yard on a corner lot with street frontage but which is not the frontage where the main entrance to the building is oriented. (see Figure 9.13) Front yard means a yard extending across the full width of a lot and situated between the front lot line and the nearest portion of the principal buildings. On a corner lot, it is the yard associated with the front lot line. (see Figure 9.13) Page 96 Town of Nobleford Land Use Bylaw No. 614 Rear yard means a yard extending across the full width of a lot and situated between the rear lot lines and the nearest portion of the principal building. (see Figure 9.13) Side yard means a yard extending from the front yard to the rear yard and situated between the side lot lines and the nearest portion of the principal building. (see Figure 9.13) All other words and expressions, not otherwise defined, have the same meaning as in the Act. APPENDIX A Land Use Bylaw Fee Schedule Appendix A Land Use Bylaw Fee Schedule Fee Schedule Permitted Uses Discretionary Use or Use Requesting Waiver Greater than 10% Residential: Dwellings $100 $300 Additions $30 $300 Accessory Buildings 100 sq. ft. or greater $30 $300 Home Occupations $30 $300 Commercial: Change of Use $200 $300 Commercial buildings less than 50,000 sq. ft. $200 $300 Commercial buildings 50,000 sq. ft. or greater $200 $300 Industrial: Change of Use $200 $300 Single-tenancy buildings or complexes $300 $400 Multi-tenancy buildings or complexes $500 $600 Public/Institutional: All uses $200 $300 Sign Permit: $30 $300 Letter of Compliance: $50 Demolition Permit: $30 Recirculation Fee: 50% of the original application fee Land Use Bylaw Amendments: $600 Other Statutory Plans and Amendments To: $600 Request to convene a special meeting of the Municipal Planning Commission: $300 Appeal to the Subdivision and Development Appeal Board (portion of fee refundable upon successful appeal): $300 Additional fees will be required for building permits and inspections. Whenever an application is received for a development or use not listed in this schedule, the amount of the fee shall be determined by the Designated Officer or the Municipal Planning Commission and shall be consistent with those fees listed herein. Fees are set by Council and may be adjusted from time to time. APPENDIX B Forms Date of Application: Development Permit Application No. IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a notice of decision has been issued by the Development Authority. If approval has not been received within 40 days of the date the application is deemed complete, you have the right to file an appeal to the Subdivision and Development Appeal Board. THIS DOES NOT CONSTITUTE A BUILDING PERMIT. A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS. APPLICANT INFORMATION Name of Applicant: Mailing Address: Phone: Phone (alternate): City: Fax: Postal Code: Is the applicant the owner of the property?  Yes  No Name of Owner: Mailing Address: Phone: Phone (alternate): City: Fax: Postal Code: Applicant's interest in the property:  Agent  Contractor  Tenant  Other PROPERTY INFORMATION Municipal Address: Legal Description: Lot(s) Block Plan Land Use District: What is the existing use? T O W N O F N O B L E F O R D R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N IF "NO" DEVELOPMENT INFORMATION This application is to: (Check all that apply)  Construct a new dwelling The dwelling is a:  Single-detached dwelling  Duplex/semi-detached  Multi-unit  Other  Alter/renovate the existing building The renovation is a:  Addition  Deck(s)  Other  Construct an accessory building The accessory building is a:  Garage (detached)  Shed/workshop  Other  Move in building  Demolish existing building (attach completed Building Removal Form)  Other Describe the proposed use, any changes from existing use, and any work to be done. BUILDING REQUIREMENTS Principal Building Accessory Building Office Use Parcel Size  m2  sq. ft.  m2  sq. ft. Building Size  m2  sq. ft.  m2  sq. ft. Height of Building  m  ft.  m  ft. Proposed Setbacks from Property Lines Front  m  ft.  m  ft. Rear  m  ft.  m  ft. Side  m  ft.  m  ft. Side  m  ft.  m  ft. Parcel Type:  Interior Lot  Corner Lot DECLARATION OF APPLICANT/AGENT The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application. IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). APPLICANT Registered Owner (if not the same as applicant) DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS The following items shall be attached to all Development Permit Applications for new buildings or exterior changes to existing buildings. This is not an exhaustive list and the Designated Officer may request additional information that is required to assess the application.  Copy of Site Plan. Site plan shall provide the following information: (May be provided on a survey plan or a sketch on the following page)  Legal Description and Municipal Address of Subject Property  Scale, North Arrow & Land Use District  Adjacent roadways & lanes  Lot Dimensions, Lot Area, and Percentage of Lot Coverage for all structures  Existing residence and/or any other buildings with dimensions of foundation and projections including decks (indicate using a solid line )  Proposed residence and/or any other buildings with dimensions of foundation and projections including decks (indicate using a dashed line )  The proposed distances from the front, side, and rear property lines  Location of Lot Access, Existing Sidewalk(s) and Curbs  Location of Fire Hydrant, Street Light, Power/Telephone/Cable Pedestal(s) (if located within property frontage)  Location of any Registered Utility Right of Ways or easements  Number of off-street parking spaces  Copy of Building Plans. Plans shall be to scale and contain the following information:  Scale and Dimensions of Exterior Walls and Interior Rooms  Floor Plan of all living space proposed to be developed  Building Elevations including Front, Sides, and Rear elevations, Building Height (From Finished Grade), Roofing Material, and Roof Pitch  If applicant is not the registered owner, a written statement (or this application) signed by the registered owner consenting to this application.  Application Fee Payable to the Town of NOBLEFORD. T O W N O F N O B L E F O R D R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N SKETCH OF PROPOSED DEVELOPMENT Where development involves BUILDING and not just a change in use, please provide a sketch of the proposed development. Be sure to include any existing structure(s) (indicate using a solid line) and the proposed addition(s) or new building(s) (indicated using a dashed line). Include the information required for a site plan. T O W N O F N O B L E F O R D R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N Date of Application: Development Permit Application No. IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a notice of decision has been issued by the Development Authority. If a decision has not been received within 40 days of the date of application and no extension agreement has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and Development Appeal Board. THIS DOES NOT CONSTITUTE A BUILDING PERMIT. A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS. APPLICANT INFORMATION Name of Applicant: Mailing Address: Phone: Phone (alternate): City: Fax: Postal Code: Is the applicant the owner of the property?  Yes  No Name of Owner: Mailing Address: Phone: Phone (alternate): City: Fax: Postal Code: Applicant's interest in the property:  Agent  Contractor  Tenant  Other PROPERTY INFORMATION Municipal Address of Development: Legal Description: Lot(s) Block Plan Land Use District: What is the existing use? T O W N O F N O B L E F O R D N O N - R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N IF "NO" DEVELOPMENT INFORMATION This application is to: (Check all that apply)  Construct a new building The building is for:  Commercial Use  Industrial Use  Public/Institutional Use  Alter/renovate the existing building  Construct an accessory building  Demolish existing building (attach completed Building Removal Form)  Change in or intensification of use Describe the proposed use, any changes from existing use, and any work to be done. BUILDING REQUIREMENTS Principal Building Accessory Building Office Use Parcel Size  m2  sq. ft.  m2  sq. ft. Building Size  m2  sq. ft.  m2  sq. ft. Height of Building  m  ft.  m  ft. Proposed Setbacks From Property Lines Front  m  ft.  m  ft. Rear  m  ft.  m  ft. Side  m  ft.  m  ft. Side  m  ft.  m  ft. Parcel Type:  Interior Lot  Corner Lot DECLARATION OF APPLICANT/AGENT The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application. IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). APPLICANT Registered Owner (if not the same as applicant) DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS The following items shall be attached to all Development Permit Applications for new buildings or exterior changes to existing buildings. This is not an exhaustive list and the Designated Officer may request additional information that is required to assess the application.  Copy of Site Plan. Site plan shall provide the following information: (May be provided on a survey plan or a sketch on the following page)  Legal Description and Municipal Address of Subject Property  Scale, North Arrow & Land Use District  Adjacent roadways & lanes  Lot Dimensions, Lot Area, and Percentage of Lot Coverage for all structures  Any buildings with dimensions of foundation and projections  The proposed distance from the front, side, and rear property lines  Location of Lot Access, Existing Sidewalk(s) and Curbs  Location of Fire Hydrant, Street Light, Power/Telephone/Cable Pedestal(s) (if located within property frontage)  Location of any Registered Utility Right of Ways and easements  Landscaping plan  Lighting plan  Number and location of parking spaces, both on and off-street  Copy of Building Plans. Plans shall be to scale and contain the following information:  Scale and Dimensions of Exterior Walls and Interior Rooms  Floor Plan of the space proposed to be developed  Building Elevations including Front, Sides, and Rear elevations, Building Height (From Finished Grade), Roofing Material, and Roof Pitch  If applicant is not the registered owner, a written statement (or this application) signed by the registered owner consenting to this application.  Application Fee Payable to the Town of NOBLEFORD. T O W N O F N O B L E F O R D N O N - R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N SKETCH OF PROPOSED DEVELOPMENT Where development involves BUILDING and not just a change in use, please provide a sketch of the proposed development. Be sure to include any existing structure(s) (indicate using a solid line) and the proposed addition(s) or new building(s) (indicated using a dashed line). Include the information required for a site plan. T O W N O F N O B L E F O R D N O N - R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N Date of Application: Home Occupation Permit Application No. IMPORTANT NOTICE: This application does not permit you to operate the business until such time as a notice of decision has been issued by the Development Authority. If a decision has not been received within 40 days of the date of application and no extension agreement has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and Development Appeal Board. APPLICANT INFORMATION Name of Applicant: Mailing Address: Phone: Phone (alternate): City: Fax: Postal Code: Is the applicant the owner of the property?  Yes  No Name of Owner: Mailing Address: Phone: Phone (alternate): City: Fax: Postal Code: Applicant's interest in the property:  Agent  Contractor  Tenant  Other PROPERTY INFORMATION Municipal Address of Home Occupation: Legal Description: Lot(s) Block Plan T O W N O F N O B L E F O R D H O M E O C C U P A T I O N D E V E L O P M E N T P E R M I T A P P L I C A T I O N IF "NO" BUSINESS DESCRIPTION (1) Describe the primary function of your business. What goods and/or services are provided? Attach an additional sheet describing the business. (2) Is there another home occupation already operating out of the residence?  Yes  No (3) Where will the business operate from?  In-home  Accessory building (4) How will you interact or do business with your clients or customers?  In person. Clients/customers will come to the residence. On average, how many clients will come to the residence?  Less than 1 per day  1-5 per day  More than 5 per day  Remotely. Clients/customers will not be coming to the residence but will only be in contact by:  Phone  Fax  Mail  Courier  Internet/Email (5) How many parking spaces for any client visits, deliveries, etc. will be available? (6) What will the days of operation be?  Mon-Fri  Weekends  7 days/wk  Part-time (7) Will there be any employees that are not residents of the dwelling?  Yes  No If YES: How many employees will come to the residence? Will more than 1 employee come to the residence at a time?  Yes  No (8) Will there be any equipment or materials stored outside the dwelling that will be used in conjunction with the business?  Yes (list materials & quantities)  No (9) Will any vehicles/machinery/tools be used to operate the business? Please list. (10) Will there be any flammable or hazardous materials on the premises as a result of the business?  Yes (list materials & quantities)  No (11) Will any goods be displayed at the residence?  Yes  No (12) Will there be a sign for the business?  Yes  No DECLARATION OF APPLICANT/AGENT The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in relation to the application for a Home Occupation. I also consent to an authorized person designated by the municipality to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application. IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). APPLICANT Registered Owner (if not the same as applicant) GENERAL STANDARDS The following general standards apply for home occupations. This is not necessarily an exhaustive list and the Development Authority may impose additional conditions if it deems them necessary.  General Standards:  The business operator must be a full-time resident of the home.  Only one home occupation shall be permitted per dwelling.  The use shall not generate more traffic (pedestrian or vehicular) or vehicular parking than normal within the district.  No commercial vehicle (great than 681 kg/ ¾ ton) shall be parked or maintained on a public road right-of- way or lane.  No offensive noise, vibration, electrical interference, smoke, dust, odours, heat or glare shall be produced by the use.  The use cannot cause an increased demand on any one or more utilities such that the combined total consumption exceeds normal demand for residents in the area.  A sign (maximum 0.4 m2/4 sq.ft) may be located in the structure window advertising the home occupation for Home Occupation A.  Home Occupation B may propose a sign. If Home Occupation B, please attach any plans for signs other than a window sign as applicable for Home Occupation A (above). T O W N O F N O B L E F O R D H O M E O C C U P A T I O N D E V E L O P M E N T P E R M I T A P P L I C A T I O N Date of Application: Sign Permit Application No. IMPORTANT NOTICE: This application does not permit you to install the sign until such time as a notice of decision has been issued by the Development Authority. If a decision has not been received within 40 days of the date of application and no extension agreement has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and Development Appeal Board. APPLICANT INFORMATION Name of Applicant: Mailing Address: Phone: Phone (alternate): City: Fax: Postal Code: Is the applicant the owner of the property?  Yes  No Name of Owner: Mailing Address: Phone: Phone (alternate): City: Fax: Postal Code: Applicant's interest in the property:  Owner of Business  Owner of Land Where Sign is Proposed  Designated Agent SIGN INFORMATION TYPE OF WORK:  New Permanent Sign  Changes to Existing Sign  Temporary Sign Sign Location (Civic Address): Are there any other signs at this location?  Yes  No T O W N O F N O B L E F O R D D E V E L O P M E N T P E R M I T - S I G N A P P L I C A T I O N IF "NO" SIGN TYPE: SIGN CHARACTERISTICS:  Wall (fascia)  Electrified  Awning  Freestanding  Non-electrified  Portable  Canopy  Indirect Illumination  Electronic Variable Messages  Sandwich Board  Internal Illumination  Lettering  Banding sign  Direct Illumination  Flashing  Animated  Rotating Office Use Length of Sign:  m2  sq. ft. Height of Sign:  m2  sq. ft. Sign Face Area (length x height):  m  ft. Top of Sign Height: from Grade:  m  ft. from Roof:  m  ft. If the sign is only for temporary use: For how many days is the sign proposed to be displayed? _____________ days SITE PLAN **Please attach a plan drawn to a suitable scale and photographs, if available, illustrating:  Location of all existing and proposed sign(s)  Size, height, and other dimensions of the proposed sign(s), including any supporting structures  Location of the property boundaries of the parcel upon which the proposed sign(s) are to be located  Setbacks from property lines of proposed sign(s) and existing building(s) DECLARATION OF APPLICANT/AGENT The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in relation to the application for a Sign. IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). APPLICANT Registered Owner (if not the same as applicant) SKETCH OF PROPOSED SIGN(S) Please provide a sketch of the proposed signs. Be sure to include the location of the sign compared to the building, the location of any existing sign(s), the location of the sign and buildings on the subject property with distances from property lines, and the dimensions of the sign, including support structures. T O W N O F N O B L E F O R D D E V E L O P M E N T P E R M I T - S I G N A P P L I C A T I O N DEMOLITION/REMOVAL INFORMATION A development permit is required to demolish or remove a building or structure from a site. The demolition/removal permit process ensures that buildings are dismantled and removed in a safe manner and that the land will be left in a suitable state after removal. The following is not an exhaustive list and the Designated Officer may request additional information that is required to assess the application. STRUCTURES TO BE REMOVED Description of Building/Structure(s) Type of Work  Removal to another site (no demolition)  Demolition of building/structure Building Size  m2  sq. ft Height of Building  m  ft # of storeys DEMOLITION PLAN Timeframe Expected start date: Expected completion date: Method of Demolition  Manual (no heavy equipment)  Using heavy equipment  Other - please explain Dump Site Location **Note: Construction debris should be dumped in an approved certified site whenever possible. If that is not possible, approval must be obtained from Alberta Environment.** Name of Contractor responsible for removal/demolition APPLICANT IS RESPONSIBLE FOR:  Disconnection of all services including (if applicable): Signature from agency verifying services disconnected (or attach letter):  Electrical power  Natural gas  Oil lines  Telephone cables  Communications cables (includes cable TV)  Water lines  Storm & sanitary sewer  Septic T O W N O F N O B L E F O R D B U I L D I N G R E M O V A L F O R M  On-site consultation with Public Works Director. The applicant shall schedule a consultation with the Public Works Director a minimum of 48 hours prior to demolition or removal commencing to determine the state of affected public property.  Final plan for property after building removed or demolished and reclamation complete. As applicable:  Copy of grading plans if property will be vacant after removal or demolition  Complete development application for new development where building is being replaced  A completed Development Application. This form shall accompany a complete development application with the consent of the registered owner and any other required documentation.  Application Fee and any applicable deposit or security required payable to the Town of NOBLEFORD. **NOTE: A building permit is also required before proceeding with demolition. APPLICANT INFORMATION Name of Applicant: Mailing Address: City: Postal Code: PROPERTY INFORMATION Municipal Address: Legal Description: Lot(s) Block Plan DECISION The development as specified in Application No. ________ has been reviewed by the Municipal Planning Commission and was:  APPROVED  APPROVED subject to the following conditions:  REFUSED for the following reasons: Development Permit issued on the day of A.D. . IMPORTANT NOTES: 1. A development permit issued does not take effect until at least 14 days after the date of issue in accordance with section 686(1) of the Act. If an appeal is lodged pursuant to section 684 of the Act, then a permit will not become effective until the Subdivision and Development Appeal Board had determined the appeal. 2. Notice of approval in no way removes the need to obtain any permit or approval required by any federal, provincial or municipal legislation order and/or regulation pertaining to the development approved. Development Permit Application No. DATE: DESIGNATED OFFICER OR MUNICIPAL PLANNING COMMISSION T O W N O F N O B L E F O R D N O T I C E O F D E C I S I O N APPLICANT INFORMATION Name of Applicant: Mailing Address: City: Postal Code: PROPERTY INFORMATION Municipal Address: Legal Description: Lot(s) Block Plan PERMIT This permit refers only to works outlined in Development Application No. ________ and is subject to the condition contained in the notice of decision dated:_______________________ This development permit does not take effect until at least 14 days after the date of issue in accordance with section 686(1) of the Act. THIS IS NOT A BUILDING PERMIT IMPORTANT NOTES: The development outlined above is subject to the following conditions: 1. This permit indicates that only the development to which it relates is authorized in accordance with the provisions of the land use bylaw and in no way relieves or excuses the applicant from complying with the land use bylaw, laws orders and/or regulations affecting such development. 2. This permit, issued in accordance with the Notice of Decision, is valid for a period of 12 months from the date of issue. If, at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void, unless extended by the Municipal Planning Commission. 3. If this development permit is issued for construction of a building, the exterior of the building, including painting, shall be completed within 12 months from the date of this development permit. 4. The designated officer may, in accordance with section 645 of the Act, take such action as is necessary to ensure that the provisions of this bylaw are complied with. Development Permit Application No. Development Permit No. DATE: DESIGNATED OFFICER OR MUNICIPAL PLANNING COMMISSION T O W N O F N O B L E F O R D D E V E L O P M E N T P E R M I T This is to declare that an appeal is hereby lodged with the Subdivision and Development Appeal Board with respect to Development Application No. which involves development described as follows: ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ ___________________________________________________________________________________________ DECISION The application was:  APPROVED  APPROVED subject to the following conditions:  REFUSED for the following reasons: The reasons for the appeal are as follows: _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________ _____________________________________________________________________________________________________  APPLICANT  APPROVED WITH CONDITIONS  REFUSED Development Permit Application No. Subdivision and Development Appeal Board No. DATE: SIGNED: T O W N O F N O B L E F O R D N O T I C E O F A P P E A L NOTICE IS HEREBY GIVEN THAT AN APPLICATION IS BEING MADE FOR A DEVELOPMENT PERMIT WITH REGARD TO THE FOLLOWING: HEARING INFORMATION Place of hearing: Time of hearing: Date of hearing: PROPERTY INFORMATION Municipal Address: Legal Description: Lot(s) Block Plan Land Use District: What is the existing use? TYPE OF DEVLEOPMENT This application is to: (Check all that apply)  Construct a new dwelling  Alter/renovate the existing building The dwelling is a: The renovation is a(n):  One unit  Addition  Two unit  Deck(s)  Multi-unit  Other  Other  Construct an accessory building  Move in building The accessory building is a:  Demolish existing building  Garage (detached)  Other  Shed/workshop  Other Describe the proposed use, any changes from existing use, and any work to be done. Any person affected by the said proposal has the right to present a written brief prior to the hearing and to be present / heard at the hearing. Persons requesting to be heard at the hearing shall submit a written request to the designated officer not later than ____(a.m./p.m.) on _________. Development Permit Application No. DATE: DESIGNATED OFFICER OR MUNICIPAL PLANNING COMMISSION T O W N O F N O B L E F O R D N O T I C E O F D E V E L O P M E N T H E A R I N G A refusal is not appealable and a subsequent application for amendment involving the same lot and/or the same or similar use may not be made for at least 6 months after the date of refusal. Date of Application: Bylaw No. IMPORTANT NOTE: Although the Designated Officer is in a position to advise on the principle or details of any proposals, such advice must not be taken in any way as official consent. APPLICANT INFORMATION Name of Applicant: Mailing Address: Phone: Phone (alternate): City: Fax: Postal Code: Is the applicant the owner of the property?  Yes  No Name of Owner: Mailing Address: Phone: Phone (alternate): City: Fax: Postal Code: Applicant's interest in the property:  Agent  Contractor  Tenant  Other PROPERTY INFORMATION Municipal Address: Legal Description: Lot(s) Block Plan OR Quarter Section Township Range T O W N O F N O B L E F O R D A P P L I C A T I O N F O R A L A N D U S E B Y L A W A M E N D M E N T IF "NO" AMENDMENT INFORMATION What is the proposed amendment?  Text Amendment  Land Use Redesignation For text amendments to the Land Use Bylaw, attach a description including:  The section to be amended;  The change(s) to the text; and  Reasons for the change(s). Current Land Use Designation: Proposed Land Use Designation (if applicable): Section 38 of the Land Use Bylaw regulates the information required to accompany an application for redesignation. Please attach a descriptive narrative detailing:  The proposed designation and future land use(s);  If and how the proposed redesignation is consistent with applicable statutory plans;  The compatibility of the proposal with surrounding uses and zoning;  The development suitability or potential of the site, including identification of any constraints and/or hazard areas (e.g. easements, soil conditions, topography, drainage, etc.);  Availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police protection, schools, etc.) to serve the subject property while maintaining adequate levels of service to existing development; and  Any potential impacts on public roads. In addition to the descriptive narrative, an Area Structure Plan or Conceptual Design Scheme may be required in conjunction with this application where:  redesignating land from Urban Reserve to another district;  multiple parcels of land are involved;  more than four lots could be created;  several pieces of fragmented land are adjacent to the proposal;  internal public roads would be required;  municipal services would need to be extended; or  required by Council or the Subdivision and Development Authority. The Designated Officer or the Subdivision and Development Authority may also require a:  geotechnical report; and/or  evaluation of surface drainage and any other information if deemed necessary by the Designated Officer or the Municipal Planning Commission. IF TEXT AMENDMENT: IF LAND USE REDESIGNATION: SITE PLAN Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted in duplicate with this application, together with a plan sufficient to identify the land. It is desirable that the plans and drawings should be on a scale appropriate to the development. However, unless otherwise stipulated, it is not necessary for plans and drawings to be professionally prepared. Council may request additional information. DECLARATION OF APPLICANT/AGENT The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in relation to the application. I also consent to an authorized person designated by the municipality to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application. IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on file by those agencies. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). APPLICANT Registered Owner (if not the same as applicant) APPENDIX C Dog Control Bylaw APPENDIX D Bylaw No. 634 VILLAGE Of NOBLEFORD BYLAW No. 634 BEING A BYLAW IN THE VILLAGE OF NOBLEFORD IN THE PROVINCE OF ALBERTA FOR THE PIJRPOSES OF ESTABLISHING A DEVELOPMENT AUTHORITY, SUBDIVISION AUTHORITY AND MUNICIPAL PLANNING COMMISSION BYLAW. WHEREAS, the Municipal Government Act, Revised Statutes of Alberta 2000 Chapter M-26, as amended, pursuant to Section 623, requires the municipality to adopt a bylaw to establish a municipal Subdivision Authority; and WHEREAS, the Municipal Government Act, Revised Statutes of Alberta 2000 Chapter M-26, as amended, pursuant to Section 624, requires the municipality to adopt a bylaw to establish a municipal Development Authority; and WHEREAS, the Municipal Government Act, Revised Statutes of Alberta 2000 Chapter M-26, as amended, pursuant to Section 626, allows for a municipality to adopt a bylaw establish a Municipal Planning Commission; and WHEREAS, the Municipal Planning Commission is authorized to make decisions on applications for subdivision and development approval in accordance with the administrative procedures, land uses and schedules established in the municipal land use bylaw; and WHEREAS, this bylaw may be cited as the Village of Nobleford Subdivision and Development Authority Bylaw; PURPOSE, the purpose of this bylaw is to establish the authority of the Municipal Planning Commission and Designated Officer to cany out the duties of the Development Authority and the Subdivision Authority; NOW THEREFORE, the Council of the Village of Nobleford in the Province of Alberta duly assembled, enacts as follows: 1. Definitions: a) Act means the Municipal Government Act, Revised Statutes of Alberta 2000 Chapter M-26, as amended. b) Authorized persons means a person or organization authorized by council to which the municipality may delegate any of its Development Authority powers, duties or functions, c) Council means the Municipal Council of the Village of Nobleford. d) Designated officer means a person or persons authorized to act as the designated officer for the municipality as established by bylaw pursuant to Section 210 of the Act e) Development Authority means the person or persons appointed, by bylaw, to exercise only such powers and perform duties as are specified: i) inthe Act; or ii) in the Village of Nobteford Land Use Bylaw; or iii) in this bylaw; or iv) by resolution of council, f) Member means a member of the Subdivision Authority or the Development Authority. g) Municipal Planning Commission ('IvWC") means the Municipal Planning Commission of the Village of Nobleford as established by this bylaw. h) Municipality means the Village of Nobleford in the Province of Alberta. i) Secretary means the person or persons authorized to act as secretaiy for the Municipal Planning Commission. j) Subdivision Authority means the person or persons who exercise subdivision powers and duties on behalf of the municipality. k) All other terms used in this bylaw shall have the meaning as is assigned to them in the Municipal Government Act, as amended from time to time. Part 1 -- Development Authority 2. The Development Authority for the Municipality is: a) The Designated Officer, for an application for development approval which is a permitted use under the Land Use Bylaw and which complies with the requirements and regulations set out in the Land Use Bylaw. b) The Designated Officer, for an application for development approval which is a permitted use under the Land Use Bylaw and which requests a minor waiver not in excess of 10 percent of a measurable standard or any other waiver as specifically authorized in the Land Use Bylaw.. c) The Municipal Planning Commission established under this Bylaw, when the application for development permit is: i. A discretionary use under the Land Use Bylaw; or ii. A permitted use under the Land Use Bylaw which does not othenvise comply with the requirements and regulations as set out in the Land Use Bylaw, except where the Designated Officer is authonzed as per Section 2(b). 3. Notwithstanding Section 2, the Designated Officer may forward any application for development approval to the Municipal Planning Commission for a decision, Powers and Duties 4. The Development Authority has those powers and duties as set out in the MGA, the Land Use Bylaw and this Bylaw, and any regulations made thereunder. Appointment of Development Officer 5. Council may, by resolution, appoint a designated officer as development officer(s). The powers and duties of the development officer shall be outlined in the Village of Nobleford Land Use Bylaw. PART 2 -- Subdivision Authority Establishment 6. The Subdivision Authority for the Municipality is the Municipal Planning Commission for all applications for subdivision approval. Powers and Duties 7. The Subdivision Authority has those powers and duties as set Out 10 the MGA and any regulation thereunder. Administration 8. The signing authority for all subdivision related matters is the Chairperson of the Municipal Planning Commission or delegate. 9. When a registemble instrument is submitted for endorsement, the signing authority is authorized to accept minor modifications from that approved by the Subdivision Authority provided: a. there is no increase to the number of parcels; b. municipal, school or environmental reserves are not compromised; c. municipal roads and standards are not compromised; d. changes comply with mimicipal bylaws, with the exception that minor changes to the Land Use Bylaw standards may be included as provided in Section 654(2) of the MGA. PART 3 -- Municipal Planning Commission Establishment of the Municipal Planning Commission 10. That a Commission known as the Municipal Planning Commission of the Village of Nobleford, hereinafter called "MPC" is hereby established. Membership 11. The MPC shall be composed ofthree (3) persons as follows: - Three (3) members of council; or - Two (2) members of council and one (1) adult member at large. All appointed by resolutions of Council. 12. Two (2) of the members of the 1WC shalt constitute a quorum. 13. No person who is a member of the Subdivision and Development Appeal Board shall be appointed to act as a member of the MPC. 14. Appointments to the MPC shall be made for a term of 4 years. 15. When a person ceases to be a member of the 1vWC before the expiration of his/her term, council shall appoint another person for the unexpired portion of that term within 60 days of receiving notice of the vacancy. Chairperson and Vice-Chairperson 16. The MPC shall elect a Chairperson from its members to preside for a tenn of one year from the date of election. 17. Where the Chairperson is absent from a meeting of the MPC, one of the other members shall be elected to preside over that meeting. Secretary 1$. A Designated Officer(s) shall serve as Secretary to the MPC, and shall: a. not have a vote; b. notif' all members of meetings of the MPC; c. noti1)' the public pursuant to the notification procedure of the Land Use Bylaw and the MGA; d. prepare and maintain a file of written minutes of the business transacted at all meetings of the MPC; e. record decisions of the MPC and issue the decision and/or permit forthwith to all parties affected; f. be autitorized to sign on behalf of the MFC any order, decision, approval, notice or other thing made, given or issued by the MPC; g. keep record of the names and addresses of those making representations at the meeting; h. undertake other duties as the MPC may require in the conduct of its business. 19. In the event of a tie vote, any motion of the MPC shall be deemed defeated. Functions and Duties 20. The Municipal Planning Commission has the following functions and duties: a. upon request of Council, to advise Council with respect to achieving the orderly, economical and beneficial development, use of land and pattern of settlement in the Municipality b. to serve as a Subdivision Authority pursuant to Pan 17 of the MGA and this bylaw; and C. to serve as a Development Authority pursuant to Part 17 of the MGA, the Land Use Bylaw and this bytaw. 21. The Municipal Planning Commission shall hold meetings monthly or as required. and undertake such actions as are necessary to fuffill the powers and duties of the MPC. 22. Applications for subdivision approval shalt be considered by the MPC and either approved, with or without conditions, or refused, in accordance with the Land Use Bylaw, any relevant statutory plan, and the MGA Part 17 and any regulations made thereunder. 23. Development permit applications referred to the MPC shall be considered and either approved, with or without conditions, or refused, in accordance with the Land Use Bylaw, any relevant statutory plan, and the MGA Part 17 and any regulations made thereunder. 24. A decision of the Municipal Planning Commission is not considered final until notification of the decision is given in writing. 25. If a member has a pecuniary interest in the matter before the MPC, the member shall: a. disclose the general nature of the pecuniary interest to the MPC prior to the MPC's consideration of the matter; b. abstain from discussion and disposition on the matter; and c. leave the room in which the meeting is taking place until discussion and disposition of the matter is completed. 26, The abstention of the member and the disclosure of the member's interest shall be recorded in the minutes. 27. Notwithstanding Section 18(1) of this bylaw, any order, decision or approval made, given or issued by the MPC maybe signed by the Chairperson of the MPC. Repeal 2$. Bylaw No. 548, being the former Development Authority bylaw, is hereby repeated. 29. Bylaw No. 550, being the former Subdivision Authority bylaw, is hereby repealed. READ a first v\ ,2016. Mayor ChiefAdawdrlr ive Officer READ a cond timeay of , 2016. Mayor ' READ a thi rd time ydi, day of Mayor CIi:efAdrnw:stratne Officer APPENDIX E Cannabis Retail Sales Setback Buffer Map