Peace River, Alberta
· No. 2178
· adopted 2025-09-22
· summary & facts
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BYLAW NO. 2178
TOWN OF PEACE RIVER
BYLAW NO. 2178
BEING A BYLAW OF THE TOWN OF PEACE RIVER IN THE PROVINCE OF
ALBERTA TO REPLACE BYLAW NO. 1891.
WHEREAS, the Council of the Town of Peace River has adopted Bylaw No.
1891, being the Land Use Bylaw; and
WHEREAS, the Council of the Town of Peace River deems it advisable to
replace said Bylaw;
NOW THEREFORE, the Council of the Town of Peace River, in the Province of
Alberta, duly assembled, enacts as follows:
TITLE
1. This Bylaw may be cited as the "Land Use Bylaw No. 2178".
INTERPRETATION
2. Reference to any statute, regulation, or bylaw in this Bylaw means that
statute, regulation, or bylaw as amended or replaced from time to time.
SEVERABILITY
3. If any portion of this Bylaw is declared invalid by a court of competent
jurisdiction, then the invalid portion shall be severed.
SCHEDULES
4. This Bylaw contains Schedule "A", which forms a part of this Bylaw.
REPEAL
5. Bylaw No. 1891 and amendments thereto, are hereby repealed.
EFFECTIVE DATE
6. This Bylaw comes into force on the day it is passed.
READ a first time on July 14, 2025.
READ a second time on September 22, 2025.
READ a third time on September 22, 2025.
Elaine Manzer
Mayor
Signed on September 22, 2025
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BYLAW NO. 2178
Barbara Miller, CPA, CGA, CLGM
Chief Administrative Officer
Signed on September 22, 2025
Schedule "A"
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Land Use Bylaw No. 2178
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TOWN OF PEACE RIVER
SUMMARY OF AMENDMENTS
Revision #
Date
Bylaw #
Description
Land Use Bylaw No. 2178
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TABLE OF CONTENTS
1.1
TITLE ................................................................................................................................ 3
1.2
PURPOSE .......................................................................................................................... 3
1.3
PERMITS AND ADDITIONAL REQUIREMENTS ................................................................... 4
1.4
CONFORMITY WITH BYLAW ............................................................................................. 4
1.5
SEVERABILITY ................................................................................................................... 4
1.6
APPLICATIONS IN PROCESS .............................................................................................. 4
1.7
INTERPRETATION OF THIS BYLAW ................................................................................... 4
2.1
DEVELOPMENT AUTHORITY'S DECISIONS AND DISCRETION ........................................... 6
2.2
COUNCIL .......................................................................................................................... 8
2.3
DEVELOPMENT OFFICER .................................................................................................. 8
2.4
MUNICIPAL PLANNING COMMISSION ............................................................................. 8
2.5
SUBDIVISION AND DEVELOPMENT APPEAL BOARD ......................................................... 9
3.1
CONTROL OF DEVELOPMENT ......................................................................................... 10
3.2
DEVELOPMENT PERMIT EXEMPTIONS ........................................................................... 10
3.3
NON-CONFORMING BUILDINGS, USES AND LOTS .......................................................... 14
4.1
ESTABLISHMENT OF LAND USE DISTRICTS ..................................................................... 19
4.2
ESTABLISHMENT OF OVERLAYS ..................................................................................... 20
4.3
SUMMARY TABLE ........................................................................................................... 21
5.1
OVERLAY MAPS .............................................................................................................. 25
5.2
MAIN STREET OVERLAY .................................................................................................. 25
5.3
LOWER WEST PEACE OVERLAY ...................................................................................... 29
5.4
PROXIMITY TO RAIL OVERLAY ........................................................................................ 30
5.5
RIVER ADJACENT LANDS OVERLAY ................................................................................. 30
5.6
HISTORICAL SIGNIFICANCE OVERLAY ............................................................................. 31
6.1
DISTRICT MAPS .............................................................................................................. 33
6.2
RESIDENTIAL 1 DISTRICT (R-1) ........................................................................................ 34
6.3
RESIDENTIAL 2 DISTRICT (R-2) ........................................................................................ 37
6.4
RESIDENTIAL 3 DISTRICT (R-3) ........................................................................................ 41
6.5
RESIDENTIAL 4 DISTRICT (R-4) ........................................................................................ 45
6.6
RESIDENTIAL 5 DISTRICT (R-5) ........................................................................................ 49
6.7
RESIDENTIAL 6 DISTRICT (R-6) ........................................................................................ 54
6.8
COMMERCIAL 1 DISTRICT (C-1) ...................................................................................... 58
6.9
COMMERCIAL 2 DISTRICT (C-2) ...................................................................................... 62
6.10
COMMERCIAL NEIGHBOURHOOD DISTRICT (C-N) ......................................................... 66
6.12
COMMERCIAL RESIDENTIAL DISTRICT (C-R) ................................................................... 70
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6.13
RIVERFRONT DEVELOPMENT DISTRICT (R-D) ................................................................. 75
6.14
INDUSTRIAL 1 DISTRICT (M-1) ........................................................................................ 79
6.15
INDUSTRIAL 2 DISTRICT (M-2) ........................................................................................ 83
6.16
INDUSTRIAL 3 DISTRICT (M-3) ........................................................................................ 87
6.17
INSTITUTIONAL-RECREATIONAL DISTRICT (I-R) .............................................................. 91
6.18
FUTURE DEVELOPMENT DISTRICT (F-D) ......................................................................... 94
6.19
NATURAL ENVIRONMENT DISTRICT (N-E) ...................................................................... 98
6.20
DIRECT CONTROL DISTRICT (D-C) ................................................................................. 100
7.1
ACCESS TO PROPERTY AND APPROACHES ................................................................... 105
7.2
ACCESSIBILITY .............................................................................................................. 105
7.3
DRAINAGE .................................................................................................................... 106
7.4
DRIVE-THROUGH DEVELOPMENTS .............................................................................. 106
7.5
DWELLING UNITS PER LOT ........................................................................................... 107
7.6
EASEMENTS ................................................................................................................. 107
7.7
ENVIRONMENTALLY SIGNIFICANT AREAS .................................................................... 108
7.8
HEIGHT AND GRADE ..................................................................................................... 108
7.9
LANDSCAPING AND SCREENING .................................................................................. 109
7.10
LANDS WITH SENSITIVE SLOPES AND SOIL CONDITIONS .............................................. 113
7.11
LIGHTING ..................................................................................................................... 114
7.12
MODULAR BUILDINGS ................................................................................................. 114
7.13
MULTIPLE LAND USES ON A SITE .................................................................................. 115
7.14
PUBLIC LANDS AND TOWN BOULEVARDS .................................................................... 115
7.15
RELOCATION OF BUILDINGS ........................................................................................ 115
7.16
SECURITIES FOR ON-SITE IMPROVEMENTS .................................................................. 116
7.17
SERVICING REQUIREMENTS ......................................................................................... 117
7.18
SETBACK REQUIREMENTS ............................................................................................ 117
7.19
SITE ENTRANCES AND EXITS ......................................................................................... 118
7.20
SITE, CORNER ............................................................................................................... 119
7.21
SOIL REMEDIATION ...................................................................................................... 119
7.22
SOLID WASTE MANAGEMENT ...................................................................................... 119
7.23
SUBDIVISION, BARE LAND CONDOMINIUMS ............................................................... 119
7.24
SUBDIVISION, BUILDABLE AREA FOR PARCELS ............................................................. 120
8.1
ACCESSORY BUILDING OR STRUCTURE ........................................................................ 121
8.2
ACCESSORY DWELLING UNITS...................................................................................... 124
8.3
BED AND BREAKFAST ................................................................................................... 125
8.4
BREWERY, WINERY OR DISTILLERY............................................................................... 126
8.5
CANNABIS CULTIVATION, PROCESSING AND DISTRIBUTION FACILITY ......................... 127
8.6
CHILDCARE FACILITY .................................................................................................... 128
8.7
COMMUNICATION TOWER .......................................................................................... 129
8.8
DWELLING, APARTMENT ............................................................................................. 131
8.9
DWELLING, CARETAKER'S RESIDENCE .......................................................................... 131
8.10
DWELLING, MANUFACTURED HOME ........................................................................... 132
8.11
EMERGENCY SHELTER .................................................................................................. 132
8.12
FLEET SERVICES ............................................................................................................ 133
8.13
GAS STATIONS .............................................................................................................. 133
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8.14
HOME-BASED BUSINESS .............................................................................................. 133
8.15
INDUSTRIAL USE CLASS ................................................................................................ 135
8.16
RECREATIONAL VEHICLE(S) .......................................................................................... 136
8.17
RETAIL, CANNABIS OR LIQUOR STORE ......................................................................... 136
8.18
SOLAR ENERGY ............................................................................................................. 137
8.19
STRIPPING, FILLING, EXCAVATION AND GRADING ....................................................... 137
9.1
GENERAL SIGN REGULATIONS...................................................................................... 140
9.2
EXEMPTIONS FROM SIGN DEVELOPMENT PERMITS .................................................... 141
9.3
SIGNAGE - PROHIBITED ............................................................................................... 144
9.4
SIGNAGE SUMMARY TABLE ......................................................................................... 144
9.5
A-BOARD SIGN ............................................................................................................. 144
9.6
ABANDONED SIGNS ..................................................................................................... 145
9.7
BILLBOARD SIGN .......................................................................................................... 145
9.8
BUSINESS LICENCES ..................................................................................................... 146
9.9
CANOPY SIGN ............................................................................................................... 146
9.10
FASCIA SIGN ................................................................................................................. 146
9.11
FREESTANDING SIGN ................................................................................................... 146
9.12
ILLUMINATION ............................................................................................................. 147
9.13
INFLATABLE SIGN ......................................................................................................... 148
9.14
PORTABLE SIGN............................................................................................................ 148
9.15
PROJECTING SIGN ........................................................................................................ 149
9.16
REVOLVING SIGN ......................................................................................................... 149
9.17
ROOF SIGN ................................................................................................................... 149
9.18
SIGNS ON MUNICIPAL LAND ........................................................................................ 150
10.1
GENERAL PROVISIONS ................................................................................................. 151
10.2
PARKING REQUIREMENTS ............................................................................................ 152
10.3
PARKING SPACE DIMENSIONS & DESIGN ..................................................................... 159
10.4
LOADING AREAS ........................................................................................................... 160
10.5
BICYCLE PARKING LOCATION AND DESIGN STANDARDS .............................................. 160
11.1
VARIANCE .................................................................................................................... 165
11.2
DISCRETIONARY USES .................................................................................................. 165
12.1
DEVELOPMENT PERMITS REQUIRED ............................................................................ 167
12.2
DEVELOPMENT PERMIT APPLICATIONS ....................................................................... 167
12.3
DEVELOPMENT PERMIT APPLICATION CONTENTS ...................................................... 167
12.4
COMPLETE APPLICATIONS ........................................................................................... 169
12.5
INCOMPLETE APPLICATIONS ........................................................................................ 169
12.6
APPLICATION REFERRALS ............................................................................................. 170
12.7
DEVELOPMENT PERMIT DECISIONS ............................................................................. 170
12.8
DEVELOPMENT PERMITS AND NOTICES ...................................................................... 170
12.9
CONDITIONS OF A DEVELOPMENT PERMIT ................................................................. 172
12.10 VALIDITY OF DEVELOPMENT PERMIT ........................................................................... 174
12.11 DEVELOPMENT PERMIT EXTENSIONS .......................................................................... 175
12.12 SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT .................................. 176
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12.13 REAPPLICATION FOR A DEVELOPMENT PERMIT .......................................................... 177
12.14 DEVELOPMENT AGREEMENT ....................................................................................... 177
13.1
SUBDIVISION APPLICATIONS ........................................................................................ 179
13.2
COMPLETE SUBDIVISION APPLICATIONS ..................................................................... 180
13.3
INCOMPLETE SUBDIVISION APPLICATIONS .................................................................. 180
13.4
SUBDIVISION APPLICATION REFERRALS ....................................................................... 180
13.5
SUBDIVISION DECISION TIME PERIOD .......................................................................... 181
13.6
SUBDIVISION APPLICATION DECISIONS ....................................................................... 181
13.7
APPROVED SUBDIVISION ENDORSEMENT TIME PERIOD ............................................. 182
13.8
SUBDIVISION APPROVAL TIME EXTENSIONS ................................................................ 182
13.9
SUBDIVISION APPROVAL SERVICING............................................................................ 183
14.1
PROCEDURE FOR APPEALS ........................................................................................... 184
14.2
PERSONS TO BE HEARD AT THE HEARING .................................................................... 184
14.3
OR A PERSON ACTING ON ANY OF THOSE PERSONS' BEHALF.APPEAL DECISION .......................... 185
14.4
COURT OF APPEAL ....................................................................................................... 185
15.1
ENFORCEMENT ............................................................................................................ 186
15.2
PROHIBITIONS AND CONTRAVENTIONS ...................................................................... 186
15.3
PERMIT CONDITIONS AND VARIATIONS ...................................................................... 186
15.4
PROPERTY INSPECTION AND ENFORCEMENT .............................................................. 186
15.5
OFFENCES AND PENALTIES .......................................................................................... 186
15.6
STOP ORDERS ............................................................................................................... 187
16.1
AMENDMENTS TO THIS BYLAW ................................................................................... 188
16.2
CONTENTS OF AN AMENDMENT APPLICATION ........................................................... 188
16.3
AMENDMENT PROCEDURE .......................................................................................... 188
16.4
REAPPLICATION FOR A LAND USE BYLAW AMENDMENT ............................................. 189
16.5
APPLICATION FEE REIMBURSEMENT ........................................................................... 189
17.1
GENERAL ...................................................................................................................... 192
17.2
USE DEFINITIONS ......................................................................................................... 192
17.3
GENERAL DEFINITIONS ................................................................................................ 204
17.4
SIGN DEFINITIONS ........................................................................................................ 224
19.1
IMPACT: VISUAL APPEARANCE .................................................................................... 232
19.2
IMPACT: TRAFFIC/ACCESS ............................................................................................ 233
19.3
IMPACT: NOISE ............................................................................................................ 234
19.4
IMPACT: ODOUR .......................................................................................................... 234
19.5
IMPACT: LIGHT ............................................................................................................. 235
19.6
IMPACT: DUST .............................................................................................................. 236
19.7
IMPACT: VIBRATION .................................................................................................... 236
19.8
IMPACT: ENVIRONMENTAL ......................................................................................... 237
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19.9
IMPACT: MUNICIPAL INFRASTRUCTURE ...................................................................... 237
19.10 IMPACT: FISCAL ............................................................................................................ 238
19.11 IMPACT: CUMULATIVE ................................................................................................. 239
19.12 IMPACT: SAFETY ........................................................................................................... 239
19.13 IMPACT: LAND LOSS ..................................................................................................... 239
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TOWN OF PEACE RIVER
USER GUIDE
The "User Guide" is intended for information and clarity purposes only and is not a section of the Land Use Bylaw.
The Land Use Bylaw establishes rules and regulations for the use of land and buildings. It regulates location,
intensity, type of land use, buildings, and details the process for land use redesignations and the application
process for permits to develop property.
Alignment with existing policies is a key component of the rules and regulations outlined in the Land Use Bylaw.
This Land Use Bylaw is intended to reflect the Municipal Development Plan and bylaws, regulations and Acts of the
Town and governments of Alberta and Canada. Wherever possible, these are referenced in the Land Use Bylaw,
but the onus is on the individual landowner, developer or applicant to ensure that relevant laws are complied with.
The Land Use Bylaw is subject to change. Applicants are encouraged to review their proposed development with
the Town prior to submitting an application.
This Bylaw is written using the metric system. To convert metres to feet, multiply the number of metres by 3.28 to
get the approximate dimension in feet. To convert square metres to square feet, multiply the number of square
metres by 10.764 to get the number of square feet.
m X 3.28 = ft
m2 X 10.764 = ft2
To convert metres squared to acres multiply the number of metres squared by 0.000247 or divide the number of
metres squared by 4047 to get the approximate dimension in acres. To convert hectares to acres, multiply the
number of hectares by 2.471 to get the approximate dimension in acres.
m2 X 0.000247 = acres
or
ha X 2.471 = acres
acres / 2.471 = ha
m2 / 4047 = acres
Metres
Feet
Metres2
Feet2
acres
0.5
1.64
1.5
16.15
-
.0
3.28
7.5
80.79
-
2.0
6.56
310.0
3336.81
0.08
3.0
9.84
570.0
6135.43
0.14
4.0
13.12
850.0
9149.32
0.21
5.0
16.40
1300.0
13993.08
0.32
6.0
19.69
4046.9
43560
1.00
8000.0
86112.28
1.98
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As a reference document, the Land Use Bylaw's Table of Contents is an important index. The six (6) parts are as
follows:
PART I | GENERAL
Section 1
General
This section establishes the purpose of the Bylaw, and how it is to be used and
administered on its effective date.
Section 2
Approving
Authorities
This section addresses the roles of the authorities in the Land Use Bylaw,
subdivision and development permit approval process. It also outlines the
roles of authorities in the subdivision and development permit appeal process.
Section 3
Exemptions &
Non-Conforming
Uses
This section establishes what is exempt from requiring a development permit,
as well as the regulations around non-conforming Uses.
PART II | OVERLAYS AND LAND USE DISTRICTS
Section 4
Establishing
Overlays and
Land Use
Districts
This section establishes the land use districts that specify what uses are
enabled within each area of the Town, site requirements specific to the
districts, and the overlays.
Section 5
Overlays
This section establishes overlays that provide a means to alter or specify
regulations for Permitted and Discretionary Uses in otherwise appropriate
districts in areas of significant interest to the Town. Where there appears to be
conflict between the provisions of the overlay and those of the underlying
district, the provisions of the overlay take precedence.
Section 6
Land Use
Districts
This section establishes districts that categorize areas based on specific
regulations and land use objectives. Each district typically defines permissible
land uses, such as residential, commercial, industrial, or mixed use, and sets
out corresponding development regulations regarding factors like building
height, setbacks, lot coverage, and parking requirements. By delineating
different districts, the Bylaw aims to promote orderly development, manage
growth, and ensure compatibility between land Uses.
PART III | OTHER LAND USE REGULATIONS
Section 7
General Land
Use Regulations
This section outlines the general regulations applied in each land use district
throughout the Town. Each land use district and development permit
application is subject to the general regulations of this part and district specific
regulations. These regulations are consolidated in this part to make the Land
Use Bylaw more compact and avoid repetition in the individual districts. While
lands are subject to district specific regulations, this part must also be
referenced for applicable regulations.
Section 8
Specific Land
Use Regulations
This section contains additional regulations for particular land uses that may
occur in various districts. The regulations may include additional application
requirements and conditions of a permit.
Section 9
Signs
This section contains regulations and requirements for signage in accordance
with the Bylaw.
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Section 10
Parking and
Loading
Regulations
This section contains the regulations and requirements for parking and loading
facilities in accordance with the Bylaw.
PART IV | ADMINISTRATION
Section 11
General
Development
Considerations
This section discusses how variances and Discretionary Uses are assessed and
evaluated.
Section 12
Procedure for
Development
This section outlines the procedure for obtaining a development permit,
including the required application contents and the process for determining
application completeness. This includes the conditions that may be imposed on
a development permit, the validity and extension of permits, and the
possibility of permit revisions or reapplication in case of refusal.
Section 13
Issuance of
Development
Permits and
Notices
This section outlines the procedures for notifying applicants of decisions
regarding development permits, conditions under which permits are issued,
extended, or canceled, and the responsibilities of the Development Authority
in these processes.
Section 14
Procedure for
Subdivision
This section outlines the procedure for subdivision applications, emphasizing
the necessary documentation and deadlines involved. This section of the Bylaw
covers decision-making criteria, timeframes for decisions, and provisions for
extensions in certain circumstances for subdivisions.
Section 15
Appeal Process
This section outlines the appeal process for development and subdivision
decisions. This includes the grounds for suspension or cancellation of a
development permit and the procedures for appeals, including who may be
heard at a hearing and the factors the Appeal Authority must consider in its
decision-making process.
Section 16
Enforcement
and Penalties
This section outlines the procedures for enforcing the provisions outlined in
this Bylaw in accordance with the provisions of the Act. This section of the
Bylaw outlines the consequences and procedures for non-compliance for
owners in the Town as well as the appeal or review.
Section 17
Bylaw
Amendments
This section outlines the procedure and regulations for Land Use Bylaw
amendments including public notification requirements, application
requirements and timing for re-submission.
PART V | DEFINITIONS
Section 18
Terms and
Words
This section establishes the definitions of terms used in this Bylaw.
PART VI| SCHEDULES
Section 19
Schedule 'A' -
District Maps
This schedule includes the maps described in this Bylaw.
Schedule 'B' -
Assessment
Criteria
This schedule includes assessment criteria used to assess and make decisions
on Discretionary Uses and variance applications
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Land Use Bylaw No. 2178
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3
PART I | GENERAL
GENERAL
1.1
TITLE
1.1.1.
This Bylaw may be cited as the "Town of Peace River Land Use Bylaw" or the "Bylaw"
1.2
PURPOSE
1.2.1.
The purpose of this Bylaw is to:
a)
provide direction for the orderly, economical, and beneficial development, use of land and patterns
of human settlement for the residents of the Town of Peace River; and
b)
regulate and control development or, where necessary, prohibit development without infringing on
the rights of individuals for any public interest except to the extent that is necessary for the overall
greater public interest.
1.2.2.
This Bylaw:
a)
implements the policies of the Town's Municipal Development Plan and other Statutory Plans;
b)
creates land use districts in the Town;
c)
outlines Permitted and Discretionary Uses for each land use district;
d)
prescribes the subdivision and development regulations for each land use district, generally and
specifically;
e)
outlines the number of dwelling units allowed on a parcel of land;
f)
establishes criteria for the Development Authority to make decisions on applications for
development permits, including the issuing of development permits;
g)
sets out the method to appeal a decision made by the Development Authority in regard to this
Bylaw;
h)
identifies the manner that the notice of the issuance of a development permit is given and to
whom; and
i)
describes the procedure to make amendments to this Bylaw.
1.2.3.
This Bylaw shall be used in conjunction with the guidelines, standards, policies, and procedures as
established and amended by Council from time to time.
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1.3
PERMITS AND ADDITIONAL REQUIREMENTS
1.3.1.
Except as permitted in this Bylaw, no person shall commence a development unless a development
permit for that development has been issued and the appeal period has expired, or in those instances
where a development permit is not required.
1.3.2.
In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to obtain
other such permits, approvals or licenses that may be required by the Town or other provincial or
federal government departments and agencies. A person(s) who applies for, or is in possession of a valid
Development Permit is responsible for complying with or carrying out development in accordance with:
a)
Provincial or federal legislation including but not limited to the provisions of the Safety Codes Act,
R.S.A 2000, c S-1, Environmental Protection and Enhancement Act, R.S.A. 2000 Chapter E-12, the
Highways Development and Protection Act, SA 2004, c H-8.5, the Public Health Act, R.S.A. 2000
Chapter P-37, the Alberta Land Stewardship Act, the Alberta Agricultural Operations Practices Act
and the Municipal Government Act.
b)
the conditions of any caveat, covenant, easement, instrument or agreement affecting the land or
building;
c)
the requirements of other applicable Town bylaws, policies and procedures as adopted by the
Town from time to time; and
d)
any successor or replacement legislation or regulation which may be enacted in substitution
thereof.
1.4
CONFORMITY WITH BYLAW
1.4.1.
No person shall commence any development unless it is in accordance with the terms and conditions of
this Land Use Bylaw.
1.5
SEVERABILITY
1.5.1.
If any portion of this Bylaw is declared invalid by a court of competent jurisdiction, then the invalid
portion shall be severed, while every other provision of this Bylaw will continue in force and effect.
1.6
APPLICATIONS IN PROCESS
1.6.1.
All applications for redistricting, subdivision and development which are received and deemed complete
but not yet approved prior to the effective date of this Bylaw shall require alignment or compliance with
this Bylaw and the provisions of this Bylaw shall be applicable to all decisions on these applications.
1.7
INTERPRETATION OF THIS BYLAW
1.7.1.
Compliance with the regulations in this Bylaw shall be interpreted and applied as follows:
Land Use Bylaw No. 2178
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5
a)
"MAY" is a discretionary term, meaning the regulation in question can be enforced by the Town if it
chooses to do so, dependent on the circumstances of the site or application.
b)
"MUST" is a directive term that indicates that the actions outlined are mandatory and therefore
must be complied with, without discretion, by Administration, the developer, and the Development
Authority.
c)
"SHALL" is a directive term that indicates that the regulation is mandatory and must be complied
with, without discretion, by Administration, the developer, and the Development Authority.
d)
"SHOULD" means compliance in principle to the regulation but is subject to the discretion of the
Development Authority where compliance is impracticable or undesirable because of relevant
planning principles or circumstances unique to a specific application.
e)
When a regulation or district involves two (2) or more conditions, provisions or events connected
by a conjunction, the following definitions shall apply:
i.
"And" means all the connected items shall apply in combination; and
ii.
"Or" indicates that the connected items may apply singularly or in combination.
1.7.2.
Words used in the singular include the plural and vice-versa. In the case of any conflict between the text
of this Bylaw and any maps, drawings or the land use summary table, used to illustrate any aspect of this
Bylaw, the text shall govern.
1.7.3.
When a word is used in masculine or feminine terminology, it shall be deemed to be referring to either
gender.
1.7.4.
The system of measurement used in this document is the metric system, in the case of any conflict
between information expressed in metric units and in imperial units, the metric units shall govern
imperial conversions of metric measurements are provided in brackets but shall not be used in lieu of
metric measurements.
1.7.5.
Reference to any statute, regulation, or bylaw in this Bylaw means that statute, regulation, or bylaw as
amended or replaced from time to time.
Land Use Bylaw No. 2178
6
APPROVING AUTHORITIES
2.1
DEVELOPMENT AUTHORITY'S DECISIONS AND DISCRETION
D E V E L O P M E N T P E R M I T S
2.1.1.
A development permit application for a use which is not listed as a Permitted Use or a Discretionary Use
in the subject district shall be refused subject to subsections 2.1.5 and 2.1.6. However, if a proposed use
of land is not listed as a Permitted Use or Discretionary Use in the Bylaw, the Development Officer may
determine that such a use is similar in character and purpose to a use listed under that land use district.
In such a case, the use shall be considered a Discretionary Use level 2, whether or not the use class is
listed as Permitted or Discretionary within the applicable district, and the application shall be referred to
the Municipal Planning Commission for decision.
2.1.2.
In reviewing a development permit application for a Discretionary Use, the Development Officer or
Municipal Planning Commission shall have regard for:
a)
the purpose and intent of the Act;
b)
any statutory plans adopted by the Town; and
c)
the circumstances and merits of the application, having regard to the Assessment Criteria, found in
Schedule 'B' and could include:
i.
the impact of such nuisance factors as smoke, airborne emissions, odors and noise on
nearby parcels;
ii.
the impact arising from traffic;
iii.
the design, character and appearance of the development and its compatibility with and
complement to the surrounding area;
iv.
the servicing requirements for the proposed development and its impact on municipal
infrastructure; and
v.
any other impacts.
2.1.3.
When reviewing a development permit application for a Discretionary Use, the Development Officer or
Municipal Planning Commission may have regard for any relevant non-statutory plans pertaining to the
Town.
2.1.4.
Subject to Sections 2 and 11, the Development Authority may approve an application for a Development
Permit notwithstanding that the proposed development does not comply with this Bylaw if, in the
opinion of the Development Authority:
a)
the proposed development would not:
i.
unduly interfere with the amenities of the neighbourhood; or
ii.
materially interfere with or affect the use, enjoyment or value of neighbouring properties.
b)
the proposed development conforms with the use prescribed for the land or building in this Bylaw;
Land Use Bylaw No. 2178
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c)
the proposed impact is minor in nature and would not alter the spirit and intent of this Bylaw; and
d)
the proposed variance, if not granted, would cause undue hardship to the applicant characterized
by location, use and character of the land or building.
P E R M I T T E D U S E S
2.1.5.
When making a decision on an application for a Permitted Use, the Development Officer shall:
a)
approve with or without conditions, an application for a development permit where the proposed
development conforms with this Bylaw; or
b)
refuse an application for a development permit if the proposed development does not conform to
the Bylaw.
D I S C R E T I O N A R Y U S E S
2.1.6.
When making a decision on an application for a Discretionary Use, the Development Officer or
Municipal Planning Commission:
a)
may approve, either permanently or for a limited period of time, a development permit application
which meets the requirements of this Bylaw, with or without conditions;
b)
may refuse a development permit application even though it meets the requirements of this Bylaw;
c)
shall refuse a development permit application if the proposed development does not conform with
this Bylaw and a variance was not approved; or
d)
shall refuse a development permit where a significant impact is identified that cannot be avoided,
remedied or mitigated.
2.1.7.
Notwithstanding any provisions or requirements set out in the Bylaw, the Municipal Planning
Commission may establish a more stringent development standards for uses listed under the
Discretionary Uses column when it is deemed necessary to do so.
V A R I A N C E S
2.1.8.
The Development Officer may allow a variance of less than or equal to 10% of any or all of the numerical
regulations subject to Section 11.1.
2.1.9.
The Municipal Planning Commission may allow a variance of greater than 10% of any or all of the
numerical regulations and may allow a variance to text regulations subject to Section 11.1.
2.1.10.
A variance will not be allowed if the granting of the variance results in a development which does not
meet the requirements of the Matters Related to Subdivision and Development Regulation.
2.1.11.
In the event that a variance is granted pursuant to Section 11.1, the Development Authority shall
indicate in the decision the type and extent of any variance granted to any development permit
approval.
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2.2
COUNCIL
2.2.1.
Council derives its authority from the Act.
2.2.2.
Applications which shall be referred to Council for consideration and decision include:
a)
any amendment to this Bylaw;
b)
any applications relating to amending a Direct Control District unless otherwise specified within the
Direct Control District; and
c)
any development permit applications within a Direct Control District where Council is the decision-
making authority.
2.3
DEVELOPMENT OFFICER
2.3.1.
The Development Officer for the Town is established by separate bylaw in accordance with Section 623
of the Act.
2.3.2.
The Development Officer shall:
a)
keep and maintain for inspection of the public during office hours, a copy of this Bylaw and all
amendments thereto;
b)
keep a register of all applications for development, including the decisions therein and the reasons
therefore, for a minimum period of seven (7) years;
c)
receive, consider and decide on development permit applications for those uses listed as
"Permitted Uses";
d)
receive, consider and decide on development permit applications for those uses listed as
"Discretionary Uses"; and
e)
refer development permit applications and an associated evaluation to the Municipal Planning
Commission for those uses:
i.
listed as "Discretionary Uses Level 2";
ii.
deemed to be the same or similar to a listed use pursuant to subsection 2.1.1 of this Bylaw;
iii.
requiring a variance pursuant to subsection 2.1.9; and
iv.
which the Development Officer chooses, in their sole discretion, to refer to the Municipal
Planning Commission.
2.4
MUNICIPAL PLANNING COMMISSION
2.4.1.
The Municipal Planning Commission for the Town is established by separate Bylaw in accordance with
Section 625 of the Act.
2.4.2.
The Municipal Planning Commission shall:
Land Use Bylaw No. 2178
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a) issue decisions for development permit applications for those uses listed as Discretionary Uses
under the authority of the Municipal Planning Commission and may direct the method of
notification for such decisions;
b) issue decisions for those uses which the Development Officer refers to the Municipal Planning
Commission; and
c) perform such other duties as described in this Bylaw or as may be assigned to it by Council.
2.5
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
2.5.1.
The Subdivision and Development Appeal Board for the Town is established by separate bylaw in
accordance with Section 627 of the Act.
2.5.2.
The Subdivision and Development Appeal Board for the Town shall perform such duties as are specified
in the Act and bylaw.
Land Use Bylaw No. 2178
10
EXEMPTIONS & NON-
CONFORMING USES
3.1
CONTROL OF DEVELOPMENT
3.1.1.
No development other than those outlined in Section 3.2 shall be undertaken in the Town unless a
development permit application for it has been approved and a development permit has been issued.
3.2
DEVELOPMENT PERMIT EXEMPTIONS
3.2.1.
The following developments, structures, or land uses shall not require a development permit provided
that the proposed development complies with the applicable regulations of this Bylaw and in
accordance with all other applicable legislation, regulations, and bylaws:
ACTI VITI ES/ U SES
NA RRA TIVE OF ACTI VITI ES A ND USES TH AT D O NO T R EQ UIR E A DEVELO PM ENT PERMIT
ACC ESSORY T O A
PRINCI PLE
BUILDIN G OR U SE
Accessory uses that meet the setback and site coverage requirements of this
Bylaw:
-
Air conditioning unit.
-
Child care day homes that are approved by the Province of Alberta.
-
Decks or patios that are less than 0.6 m above the ground at every point
and do not contain a roof or walls.
-
Decorative pond or water feature 0.6 m or less in depth, unless within
the Lands considered to have Sensitive Slope and Soil Conditions
pursuant to section 7.10 of this bylaw.
-
Minor development not exceeding 2.0 m in height, where there is an
existing dwelling unit. This includes, but is not limited to a barbeque,
composting bin, garbage enclosure, lawn sculpture, privacy screen or
bird feeder.
-
Non-permanent sun shelters over a Deck or a patio.
-
Outdoor recreation amenities that are devoted to the use of residents
living on the same lot, including but not limited to, backyard skating rink,
putting green, or tennis court.
-
Temporary above ground swimming pools and above ground hot tubs, if
it meets the district setback, and site coverage requirements in this
Bylaw, complies with the Alberta Building Code, and is temporary or
seasonal in nature.
-
Pergola less than 4.5 m in height.
Land Use Bylaw No. 2178
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ACTI VITI ES/ U SES
NA RRA TIVE OF ACTI VITI ES A ND USES TH AT D O NO T R EQ UIR E A DEVELO PM ENT PERMIT
-
Propane tanks and fuel tanks provided it meets all district setback
regulations and complies with the requirements of the Alberta Building
Code and Alberta Fire Code.
-
Satellite dish less than 1.2 m in diameter.
-
Seasonal holiday decorations.
-
Sheds that are secondary to a principle building or use, which are less
than 10.0 m2 in floor area.
-
Unenclosed steps, landings, or stairs (at grade).
AGRIC ULT URAL
OP ER ATI ON S,
PRIMA RY
Primary agricultural operations and accessory agricultural buildings such as a
granary, silo, or three (3)-sided hay shelter, except where the following situations
apply, then a development permit shall be required:
-
when the proposed development involves a building or structure larger
than 46.2 m2, including barns, not exempt as part of this subsection; or
-
when the proposed use or development falls within the setback area.
CHA NG E O F U SE
WITHIN A
COM MERCIAL OR
INDU STRI AL
BUILDIN G
A Change of Use within an existing commercial or industrial building where the
change of use is from a Permitted or Discretionary Use to a Permitted Use in the
land use district applicable to the site; and when no specific use regulations
apply.
CHA NG E O F U SE
TO SUP PO RTI VE
HOU SI NG
A Change of Use within an existing residential building where the change of use is
to supportive housing and supportive housing is a Permitted Use in the land use
district applicable to the site; and when no specific use regulations apply.
COM PLETIO N O F A
DEVELO PM ENT
The completion of a development or building that was lawfully under
construction prior to the effective date of this Bylaw, provided that the
development is completed within a period of twelve (12) months from the date
this Bylaw comes into effect, unless an extension to this period has been granted
by the Development Authority.
CO NTI NU ATI ON
OF A U SE
The continuation of a use that was initiated in accordance with a lawful
development permit issued before the effective date of this Bylaw.
DEM OLITI O N
Any development that did not require an approved development permit is
exempt from requiring a development permit for demolition, unless the structure
is attached to servicing infrastructure.
FIRE PIT S
Fire pits that are compliant with all district setback regulations and the Fire
Services Bylaw as amended or replaced.
Land Use Bylaw No. 2178
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ACTI VITI ES/ U SES
NA RRA TIVE OF ACTI VITI ES A ND USES TH AT D O NO T R EQ UIR E A DEVELO PM ENT PERMIT
FLAG POL ES A ND
LIGHT NIN G R OD S
Freestanding flagpoles and lightning rods not exceeding 6.1 m in height.
GAT ES, F ENC ES,
AN D W ALL S
The erection, construction, or maintenance, improvement or alteration of gates,
fences or walls or other means of enclosure:
-
in Industrial Districts, less than or equal to 1.9 m.
-
in all other districts, less than or equal to 1.0 m in height in front yards or
side yards abutting a highway or road, and less than or equal to 1.9 m in
rear yards or in other side yards.
HEAVY TRU CK
AN D EQ UIPM ENT
ST OR AG E,
PER SO NAL
Heavy truck and equipment storage that is for personal use and not for
commercial purposes.
HOM E-B A SED
BUSI N ESS, HO M E
OFFIC E
Where the accessory use of a dwelling by a person who resides in the dwelling is
a home-based business, home office.
HOM E-B A SED
BUSI N ESS, MIN OR
Where the accessory use of a dwelling by an person who resides in dwelling is a
home-based business, minor.
IRRIGA TIO N
WORK S
Any irrigation works as defined in the Irrigation Districts Act, RSA 2000, Chapter I-
11, unless a setback relaxation from the centre of the road allowance is required.
MG A EX EM PTI ON S
OR REGUL AT ED BY
OTH ER
JURI SDICTI O N S
Those uses and developments exempt under the Act and regulations thereto.
Those uses or development exempted by provincial or federal legislation.
MU NICIP AL
IMPR OVEM ENT S/
CO N STRU CTI ON
Municipal improvements that have been approved as part of a Development
Agreement in conjunction with a development or subdivision permit, or
underground utilities, not including structures.
PATI O
A patio accessory to a commercial use that meets the Commercial Patio Policy, as
amended from time to time, and any applicable Alberta Safety Code standard.
PRIVAT E PL AY
STR UCT UR E
A private play structure, as long as it meets the district setback requirements in
this Bylaw and any applicable Alberta Safety Code standard.
PUBLIC WO RK S,
SER VIC ES, A ND
UTILITIES
The maintenance and repair of public works, services and utilities carried out by
or on behalf of federal, provincial, or municipal authorities on land that is publicly
owned or controlled.
RECR EATI ON AL
VEHICL ES
Provided it meets the regulations in Section 8.16, the maximum number of
recreational vehicles stored on a parcel or lot, and conform to the setbacks of the
district, that do not a require development permit, are indicated below:
-
Residential Districts - maximum of one (1) recreational vehicle.
Land Use Bylaw No. 2178
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13
ACTI VITI ES/ U SES
NA RRA TIVE OF ACTI VITI ES A ND USES TH AT D O NO T R EQ UIR E A DEVELO PM ENT PERMIT
-
Commercial Districts - maximum of three (3) recreational vehicles.
-
Industrial Districts - maximum of five (5) recreational vehicles.
-
Institutional Districts - maximum of two (2) recreational vehicles.
-
Future Development District - maximum of five (5) recreational vehicles.
ROU TIN E
MAI NT EN A NC E
AN D R EP AIR S
The routine maintenance work or minor repairs to any building, if the work or
repair does not include structural alterations or major renovations for a change of
use or an increase in intensity of use.
SH ELT ER BEL T S,
HED GES,
RESER VOI RS,
DUG OUT S AND
A SSOCI AT ED FILL,
WELL S, SEWA G E
DISP O SAL FI ELD S
Shelter belts, hedges, reservoirs, dugouts and associated fill, wells, sewage
disposal fields if it meets all district setback regulations and complies with the
requirements of the Alberta Building Code and provincial or federal regulation.
SIG N S
See Section 9.2.
SOLA R ENERG Y,
BUILDIN G
MO UN TED
Solar energy, e.g. roof top solar panels, if it meets the setback requirements in
this Bylaw and complies with the Alberta Safety Code Act and Alberta Building
Code. Solar collector(s) may be mounted to a roof or a wall of a building.
SP ECI AL EVENT S
Special events, such as weddings, birthday parties, family reunions, religious
celebrations, and funerals, that occur irregularly and last less than thirty-six (36)
hours; and special event on lands owned and controlled by a local school board
or the Town.
SP ECIFIC U SES
The following specific uses, that conform to the setbacks of the district, do not
require a development permit:
-
The temporary use of a building, in connection with a federal, provincial,
or municipal election, referendum or census.
-
Containers used for temporary storage during the process of renovating
or moving, provided it complies with the provisions of this Bylaw, or
containers used for temporary accessory storage purposes on any
private industrial property.
-
Temporary/transient sales which are located on a lot within a
commercial district where there is a principal building. This includes but
is not limited to food product sales, Christmas tree sales, flower sales, or
windshield repair.
Land Use Bylaw No. 2178
14
3.3
NON-CONFORMING BUILDINGS, USES AND LOTS
3.3.1.
Non-conforming buildings and uses will be governed in accordance with Section 643 of the Act.
B U I L D I N G S
3.3.2.
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;
b) for the routine maintenance of the building if the Development Authority considers it necessary; or
c) in accordance with the variance powers of the Development Authority.
3.3.3.
If a non-conforming building is damaged or destroyed by more than 75% of the value of the building
above its foundation, the building may not be repaired or rebuilt except in accordance with the
regulations in this Bylaw.
U S E S
3.3.4.
A non-conforming use of land or a use of building may be continued, but if that use is discontinued for a
period of six (6) consecutive months or more, any future use of land or use of building must conform
with this Bylaw.
3.3.5.
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 may be made to its interior or exterior.
3.3.6.
A non-conforming use of part of a lot may not be exceeded or transferred in whole or in part to any
other part of the lot and no additional buildings may be constructed within the lot while the non-
conforming use continues.
ACTI VITI ES/ U SES
NA RRA TIVE OF ACTI VITI ES A ND USES TH AT D O NO T R EQ UIR E A DEVELO PM ENT PERMIT
-
Clock towers, monuments, sculptures or federal, provincial, or municipal
flags and their support structures, as well as other similar aesthetic
enhancements.
-
Where a development permit has been issued for a principal use on a
property, the erection, construction, or maintenance of a temporary
building necessary only for the construction, alteration, maintenance of
development provided it is removed within thirty (30) days of project
completion.
TEM P ORA RY
BUILDIN G S/
STR UCT UR ES
The erection, construction or maintenance of a temporary building or structure
which is necessary only for the construction, alternation, renovation,
maintenance, or marketing of a building or development that a development
permit has been issued.
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15
3.3.7.
The land use or the building use is not affected by a change of ownership, tenancy, or occupancy of the
land or building.
L O T S
3.3.8.
Development on existing, substandard lots (lots that do not comply with this Bylaw as of the effective
date of the Bylaw) will be considered by the Development Authority as a Discretionary Use. Compliance
with the Alberta Safety Codes Act and any applicable provincial board of health regulations shall be
required.
Land Use Bylaw No. 2178
16
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17
17
18
19
19
Land Use Bylaw No. 2178
PART II | OVERLAYS AND LAND USE
DISTRICTS
ESTABLISHING OVERLAYS AND
LAND USE DISTRICTS
4.1
ESTABLISHMENT OF LAND USE DISTRICTS
4.1.1.
For the purpose of this Bylaw, all lands within the Town are created into land use districts and are
classified as follows:
DISTRICT
SYMBOL
RESIDENTIAL 1 DISTRICT
R-1
RESIDENTIAL 2 DISTRICT
R-2
RESIDENTIAL 3 DISTRICT
R-3
RESIDENTIAL 4 DISTRICT
R-4
RESIDENTIAL 5 DISTRICT
R-5
RESIDENTIAL 6 DISTRICT
R-6
COMMERCIAL 1 DISTRICT
C-1
COMMERCIAL 2 DISTRICT
C-2
COMMERCIAL NEIGHBOURHOOD DISTRICT
C-N
COMMERCIAL RESIDENTIAL DISTRICT
C-R
RIVERFRONT DEVELOPMENT DISTRICT
R-D
INDUSTRIAL 1 DISTRICT
M-1
INDUSTRIAL 2 DISTRICT
M-2
INDUSTRIAL 3 DISTRICT
M-3
INSTITUTIONAL-RECREATIONAL DISTRICT
I-R
FUTURE DEVELOPMENT DISTRICT
F-D
NATURAL ENVIRONMENT DISTRICT
N-E
DIRECT CONTROL DISTRICT
D-C
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Land Use Bylaw No. 2178
4.1.2.
Throughout this Bylaw and any amendments thereto, a district may be referred to either by its full name
or by its symbol as set out in this section of this Bylaw.
4.1.3.
Provisions covering all general and specific regulations, as listed in Part 3 of this Bylaw shall govern any
Permitted and Discretionary Uses listed in a land use district.
4.1.4.
The rules and regulations of the Bylaw do not apply to planning and development activities on Crown
lands carried out by the Crown or its agents. However, it would apply to planning and development
activities on Crown lands carried out by a third party unless the use, development, activity or party is
otherwise exempt from complying with the Land Use Bylaw.
4.2
ESTABLISHMENT OF OVERLAYS
4.2.1.
Overlays provide a means to alter or specify regulations for Permitted and Discretionary Uses in
otherwise appropriate districts in areas of significant interest to the Town. For the purpose of this Bylaw,
overlays apply to specific lands within the Town and are classified as follows:
a)
Main Street Overlay;
b)
Lower West Peace Overlay;
c)
Proximity to Rail Overlay;
d)
River Adjacent Lands Overlay; and
e)
Historic Significance Overlay.
4.2.2.
Overlays shall only be applied to specific areas outlined in this Bylaw and identified on the Land Use
Bylaw Overlay Map.
4.2.3.
Where there appears to be conflict between the provisions of the overlay and those of the underlying
district, the provisions of the overlay shall take precedence and effect.
21
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Land Use Bylaw No. 2178
4.3
SUMMARY TABLE
4.3.1.
The land use summary table below provides an overview of the Permitted and Discretionary Uses in
each district. If there are discrepancies between this table and those uses outlined in the districts, the
uses outlined in the districts shall prevail. For definitions on the uses, refer to Section 17.2.
P: Permitted Use
D: Discretionary Use
D*: Discretionary Use level
2 (MPC or Council)
Districts
Residential
Commercial
Industrial
Other
Uses
R-1
R-2
R-3
R-4
R-5
R-6
C-1
C-2
C-N
C-R
R-D
M-1
M-2
M-3
I-R
F-D
N-E
Residential Use Class
Accessory Dwelling
Unit
P
P
P
D
D
P
P
D
Communal Living
D*
P
Dwelling, Apartment
D
P
D
D
P
P
Dwelling, Caretaker's
Residence
D
D
D
D
D
Dwelling, Group Care
D
D
D
D
D
P
D
Dwelling,
Manufactured Home
P
Dwelling, Row
Housing/Townhouse
D
P
P
D
P
Dwelling, Semi-
Detached
P
P
P
D
D*
P
D*
Dwelling, Single
Detached
P
P
P
P
P
D*
Dwelling, Triplex
D
P
P
D
P
Manufactured Home
Park
D
Supportive Housing
P
P
P
P
D
D
Commercial Use Class
Artisanal Workshop
D
D
D
D
D
D
P
P
P
P
P
P
P
Business Support
Services
P
P
P
P
P
P
P
P
Casino
P
P
P
Childcare Facility
D*
D*
D*
D*
D*
P
D
P
D
D
P
Commercial, General
D
D
D
D
P
D
D
Commercial,
Greenhouses
D
D
D
D
Contractor Services
P
P
D*
P
P
P
P
Domestic Animal Care
Services
D*
D
D
D*
D*
D
D
D*
Establishment, Bars
and Pubs
P
P
D*
D*
P
Establishment,
Brewery, Winery and
Distillery
P
P
D*
D*
P
D*
D*
D*
Establishment,
Restaurant
D*
P
P
P
P
P
Farmers Market
D*
P
P
P
P
D
D
P
D
Funeral and Related
Services
D*
D*
D*
D
D*
D
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Land Use Bylaw No. 2178
P: Permitted Use
D: Discretionary Use
D*: Discretionary Use level
2 (MPC or Council)
Districts
Residential
Commercial
Industrial
Other
Uses
R-1
R-2
R-3
R-4
R-5
R-6
C-1
C-2
C-N
C-R
R-D
M-1
M-2
M-3
I-R
F-D
N-E
Gas Station
D
D
D
D
Media Studio
P
P
D
D
P
D
D
Performance and
Event Venue
D
P
D*
D*
P
D*
Professional Office
P
P
P
P
P
D
D
Personal Service
Shops
P
P
P
P
P
D
Retail, Cannabis or
Liquor Store
P
P
D*
D*
P
Retail, Convenience
Store
D*
D*
D*
P
P
P
P
P
D
Retail, Shopping
Centre
P
P
P
Retail, Store
P
P
P
P
P
Truck Stop
P
D
Veterinary Services
P
P
D*
D*
P
D
Visitor
Accommodation
P
P
P
P
Warehouse Sales and
Storage Facilities
D
D
D
P
P
D
Industrial Use Class
Auctioneering
Services
D
D
D
Automotive Electrical
Services
D
D
D
D
P
P
P
Automotive,
Equipment and
Recreational Vehicle
Sales and Service
D
P
D
P
Auto Wrecking and
Salvage Yards
D
D
Building Material and
Supply Outlet
P
P
P
P
Bulk Fuel Sales
D
Cannabis Cultivation,
Processing and
Distribution
D*
D*
D*
D*
Fleet Services
D
P
D*
D*
P
P
Heavy Truck and
Equipment Storage
and Sales
D
D
P
P
Industrial, Heavy
D*
D*
Industrial, Light
P
P
P
Natural Resource
Extraction Industry
D*
Railway Services
D
D
D
Recreational Vehicle
Storage Facility
D*
D
P
P
D*
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Land Use Bylaw No. 2178
P: Permitted Use
D: Discretionary Use
D*: Discretionary Use level
2 (MPC or Council)
Districts
Residential
Commercial
Industrial
Other
Uses
R-1
R-2
R-3
R-4
R-5
R-6
C-1
C-2
C-N
C-R
R-D
M-1
M-2
M-3
I-R
F-D
N-E
Recycling Depot
D*
P
D*
P
P
P
Small Animal
Breeding/Boarding
Services
D*
D
D*
D*
D
Waste Management
Facility
D
D
Accessory Use Class
Accessory Building or
Structure
P/D
P/D
P/D
P/D
P/D
P/D
P/D
P/D
P/D
P/D
P/D
P/D
P/D
P/D
P/D
P/D
P/D
Bed and Breakfast
D*
D
D
D
D
D
D
D
D
Home-Based
Business, Home
Office
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Home-Based
Business, Major
D
D
D
D
D
D
D
D
D
D
Home-Based
Business, Minor
P
P
P
P
P
P
P
P
P
P
Live-Work Unit
D*
D*
Public Use Class
Cemetery
D
Community Garden
D*
D*
D*
D*
D*
D*
P
P
D
D*
D
Community Cultural
Facility
P
P
P
P
P
P
Government Services
P
P
D
P
D
D
P
Health and Medical
Services
P
D
D*
P
P
Hospital
D*
P
Park
P
P
P
P
P
P
D
D
D
P
P
D
D
D
P
D
P
Public Utilities
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Recreation, Indoor
D
D
D*
D*
P
D*
D*
D
Recreation, Outdoor
D*
D*
D*
D
D
D
Religious Assembly
D
D
D
D
D
D
D
P
P
D
D
P
School, Commercial
P
P
P
D
School, Industrial
D
P
P
P
School, Private
D
D
D
School, Public
D
D
P
Other Uses
Aerodrome
D
D
D
D
Agricultural
Operations, Extensive
P
D
Agricultural
Operations, Intensive
D*
D*
Agriculture, Urban
D
D
D
D
D
D
D
Campground
D
D
D
Emergency Shelter
D*
Parking Facility
D
D
D
P
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Land Use Bylaw No. 2178
P: Permitted Use
D: Discretionary Use
D*: Discretionary Use level
2 (MPC or Council)
Districts
Residential
Commercial
Industrial
Other
Uses
R-1
R-2
R-3
R-4
R-5
R-6
C-1
C-2
C-N
C-R
R-D
M-1
M-2
M-3
I-R
F-D
N-E
Recreational
Accommodations
D
D
Recreational Vehicle
Park
D
D
Shooting Range,
Indoor
D*
D*
Shooting Range,
Outdoor
D*
Solar Energy,
Commercial
D*
D*
D*
Solar Energy, On-Site
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Stripping, Filling,
Excavation and
Grading
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
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Land Use Bylaw No. 2178
OVERLAYS
5.1
OVERLAY MAPS
5.1.1.
The overlay maps may be amended or replaced by way of an amendment to the Land Use Bylaw from
time to time. The overlay maps are attached and forming part of this Bylaw as Schedule A.
5.1.2.
If a dispute arises over the boundary of any overlay as shown on the overlay maps, the Municipal
Planning Commission shall decide upon the location of the boundary.
5.2
MAIN STREET OVERLAY
P U R P O S E
5.2.1.
The purpose of this overlay is to ensure that development and redevelopment of lands along 100th
Street within the Downtown is characterized by a walkable, human-scale environment, and quality
urban-design. When considering a change of use development permit application within an existing
building, these regulations would not apply. However, renovations to an existing building should not
make a building less consistent with the overlay.
B U I L D I N G S T A N D A R D S
5.2.2.
The Enhancing Downtown Renewal Report as amended or replaced provides additional information to
assist in interpreting the regulations below.
GENERAL STANDARDS
Building Height
A
Two (2) storeys minimum or
B
One and a half (1.5) storey facade
Front and Side Setbacks
C
0.0 m maximum
D
Applicants may propose a greater setback than 0.0 m
with the intent of enhancing the activity of the street.
Applicants will be required to demonstrate, to the
satisfaction of the Development Authority, how the
proposed setback will contribute to the interface with
the streetscape as a whole, and how the break in
building line will not detract from the appearance of
the streetscape. Crime Prevention Through
Environmental Design (CPTED) will need to be
assessed when changing the facade setback.
*Letters refer to diagram following subsection 5.2.3.
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Land Use Bylaw No. 2178
B U I L D I N G F R O N T A G E - S H O P F R O N T
5.2.3.
The shopfront frontage type is a frontage type where the main façade of the building is placed at or near
the frontage line with an at-grade entrance oriented towards the public right-of-way. This frontage type
is intended for buildings with ground-floor commercial, office, and retail uses, and has substantial
glazing at the sidewalk level. This frontage may include an awning, cantilevered signage or similar
projecting entrance feature that projects over the entrance, and at times, into the public right-of-way.
RECESSED ENTRIES
Depth of recessed entries
E
1.5 m minimum
2.5 m maximum
Width of recessed entries
F
2.0 m minimum
3.0 m maximum
Interval of entries
G
7.5 m minimum
PROJECTING ENTRANCE FEATURES
Projection
H
0.9 m minimum, measured perpendicularly from the
building façade.
1.5 m maximum, measured perpendicularly from the
building façade.
Ground floor height clearance
I
2.8 m minimum, measured from the top of the
sidewalk to the bottom of the valance.
*Letters refer to diagram following subsection 5.2.3.
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Land Use Bylaw No. 2178
M I S C E L L A N E O U S
5.2.4.
A minimum of 50% of ground floor commercial, office and retail facades fronting onto a public right-of-
way, other than a rear lane, shall have clear glazing. Glazing is not permitted to be tinted.
5.2.5.
Decorative details of the façade should establish horizontal features or continue the continuous,
horizontal features of neighbouring buildings, where they exist.
5.2.6.
The façade of an infill building wider than 15.0 m, should introduce vertical architectural features at
approximately 9.1 m intervals to maintain and enhance the traditional vertical pattern of building
facades.
5.2.7.
On corner lots, the façade treatment shall wrap around the building to provide a consistent and
contiguous frontage.
5.2.8.
Hardscaping shall be contiguous and seamlessly integrated with the public sidewalk.
5.2.9.
When a shopfront frontage type is setback from a primary or secondary frontage, hardscaping shall be
provided that extends from the entrance(s) to the building to the public right-of-way for seamless
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Land Use Bylaw No. 2178
integration to the pedestrian network. Areas not hardscaped that fall within the setback area shall be
landscaped to the satisfaction of the Development Authority.
5.2.10.
All development using shopfront frontage type should be universally accessible.
P A R K I N G
5.2.11.
No off-street parking shall be permitted within the front yard.
5.2.12.
Parking lots in the side and rear yard should be framed by fences or vegetation and utilize Crime
Prevention Through Environmental Design techniques to act as a barrier to deter unauthorized access.
S I G N S
5.2.13.
Internally illuminated projecting signs shall not be permitted.
5.2.14.
Internally illuminated roof signs are permitted to a maximum height of 4.5 m.
5.2.15.
Internally illuminated fascia signs shall be located above the storefront windows and should extend only
to the storefront piers.
5.2.16.
Fascia signs shall be located above the storefront windows.
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Land Use Bylaw No. 2178
A W N I N G S
5.2.17.
Traditional profile, fixed or retractable awnings, with a valance and utilizing high quality canvas or
woven acrylic of solid or striped material, are recommended to enhance the historic character of the
historic area.
5.2.18.
Vinyl, backlit or bubble awnings, and awnings of less than 0.9 m in depth, which function as signs only,
are not permitted.
5.2.19.
Awnings should be located within the outside piers of the building façade on individual storefronts.
5.2.20.
In cases where façades are wider than 9.1 m, consideration should be given to using two (2) or more
smaller awnings.
5.2.21.
Awnings should be mounted to extend no lower than 2.4 m from the sidewalk to the bottom of the
valance and, at full extension, no further than 0.3 m from the inside edge of the curb.
5.3
LOWER WEST PEACE OVERLAY
P U R P O S E
5.3.1.
The purpose of this overlay is to limit the impact of the water table on dwellings and other development
within the area, consistent with agreements between the Town and BC Hydro.
A P P L I C A T I O N O F O V E R L A Y
5.3.2.
No habitable portion of a building, including a basement, shall be below the natural or existing ground
elevation. This includes the addition of a secondary suite to an existing basement below the natural or
existing ground elevation.
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Land Use Bylaw No. 2178
5.4
PROXIMITY TO RAIL OVERLAY
P U R P O S E
5.4.1.
The purpose of this overlay is to manage the interface of subdivision and development in proximity to
the railway line and provide the authority to the Development Authority to consider the proximity of the
rail line in the review of subdivision and development permit applications.
N E W D E V E L O P M E N T A N D S U B D I V I S I O N
5.4.2.
Where a subdivision application for new residential development is received within 75.0 m from a rail
line right-of-way, a railway risk assessment, prepared by a qualified professional, should be required.
Any mitigations identified in the risk assessment should be incorporated into the approval decision to
the satisfaction of the Subdivision Authority.
5.4.3.
Where a development permit application or subdivision application is received for new multi-unit
residential development greater than three (3) units or other sensitive land use development adjacent
to the rail yard or uncontrolled intersection, a noise impact assessment, prepared by a qualified
professional, may be required. Any mitigation measures identified in the noise impact assessment
should be incorporated in the approval decision to the satisfaction of the Development Authority.
5.4.4.
Notwithstanding other parts of this Bylaw, the Development Authority may require additional setbacks,
studies, information on risk, noise, and vibration mitigation methods to be implemented for parcels or
lots in close proximity to rail lines, as identified in the Federation of Canadian Municipalities (FCM)
Guidelines for New Development in Proximity to Railway Operations.
5.4.5.
Notwithstanding that a use is listed as a permitted use in a district, any development within this overlay
shall be discretionary.
R A I L L I N E O P E R A T O R R E F E R R A L
5.4.6.
Referrals may be provided to rail line operators when a development or subdivision application is in
close proximity to rail facilities that, in the opinion of the Development Authority, may impact the rail
line operations.
5.5
RIVER ADJACENT LANDS OVERLAY
P U R P O S E
5.5.1.
The purpose of this overlay is to regulate developments in areas adjacent to the Peace River banks that
are potentially subject to riverbank erosion.
O V E R L A Y R E G U L A T I O N S
5.5.2.
Any subdivision or development permit applications in the Shaftesbury Estates and Rosedale
neighbourhoods, the detailed geotechnical assessment prepared by Thurber Consultants in 1986 should
be considered and referenced.
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Land Use Bylaw No. 2178
5.5.3.
In addition to the geotechnical assessment prepared by Thurber Consultants in 1986, a new
geotechnical assessment may be required for a new subdivision or development permit application.
S E R V I C I N G
5.5.4.
No sewage disposal fields are permitted within the overlay.
5 . 5 . 5 .
Suitable arrangements for disposal of sewage off the property must be made to the satisfaction of the
Development Authority.
S E T B A C K Z O N E
5.5.6.
In the restricted development zone between the setback line, and the river, the following restrictions on
development shall apply:
a)
no placement of permanent structures is allowed;
b)
no development within the riverbank area is allowed;
c)
no clearing of vegetation between the top-of-bank and the river;
d)
changes in relief are limited to a maximum of 1.0 m except for the zone within 10.0 m of the top-of-
bank where no fill at all shall be placed; and
e)
any other restriction identified in a geotechnical report prepared by a Professional Engineer.
C O N D I T I O N S O F A P P R O V A L
5.5.7.
Pursuant to Section 651.1 of the Act, the Development or Subdivision Authority may require the
registration of a restrictive covenant on each lot in the form and content acceptable to the Town to
ensure the restrictions on development run with the land.
5.6
HISTORICAL SIGNIFICANCE OVERLAY
P U R P O S E
5.6.1.
The purpose of this overlay is to provide the Development Authority the discretion to consider and limit
the impact of (re)development on a local historic resource. This overlay applies to all lands designated as
a municipal heritage site through a Bylaw.
O V E R L A Y R E G U L A T I O N S
5.6.2.
The carrying out of works of improvement, maintenance or renovation to any building designated as a
municipal heritage site, including structural alterations and works of renovation shall require a
development permit, and shall be assessed by the Development Authority to determine if the historical
significance of the site is not undermined using the Standards and Guidelines for the Conservation of
Historic Places in Canada and is in alignment with the conditions in the designating Bylaw.
5.6.3.
The development permit applications must include architectural drawings or a conceptual improvement
plan or a description showing the extent and substance of the proposed changes to the satisfaction of
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Land Use Bylaw No. 2178
the Development Officer, indicating how the proposed alterations are in alignment with the designating
Bylaw.
5.6.4.
Development permit applications will be forwarded to the Peace River Museum, Archives and
Mackenzie Center for review and input prior to a decision. The Peace River Museum, Archives and
Mackenzie Center may provide a review of the historical significance of the municipal heritage site and
recommendations for the Development Authority's decision.
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Land Use Bylaw No. 2178
LAND USE DISTRICTS
6.1
DISTRICT MAPS
6.1.1.
The maps may be amended or replaced by Bylaw from time to time, those maps attached and forming
part of this Bylaw as Schedule 'A'.
6.1.2.
If a dispute arises over the boundary of any district as shown on the district maps, the Municipal
Planning Commission shall decide on the location of the boundary.
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Land Use Bylaw No. 2178
6.2
RESIDENTIAL 1 DISTRICT (R-1)
6.2.1.
The purpose of this district is to facilitate the development of residential neighbourhoods characterized
by low density housing.
6.2.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
R E S I D E N T I A L U S E C L A S S
-
Accessory Dwelling Unit
-
Dwelling, Semi-Detached
-
Dwelling, Single Detached
-
Supportive Housing
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-Based Business, Home Office
-
Home-Based Business, Minor
P U B L I C U S E C L A S S
-
Park
-
Public Utilities
O T H E R U S E S
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Group Care
-
Dwelling, Row Housing/Townhouse
-
Dwelling, Triplex
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Childcare Facility*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Bed and Breakfast*
-
Home-Based Business, Major
P U B L I C U S E C L A S S
-
Community Garden*
-
Religious Assembly
O T H E R U S E S
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R R E S I D E N T I A L 1 D I S T R I C T ( R - 1 )
6.2.3.
The following uses shall be discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any uses not
described in this Bylaw shall be considered discretionary and may only be considered by the Town if
they are reasonably comparable to uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a development permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
35
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Dwelling, Group Care
X
X
X
X
Dwelling, Row
Housing/Townhouse
X
X
X
X
Dwelling, Triplex
X
X
X
X
Commercial Use Class
Artisanal Workshop
X
X
X
X
X
X
X
X
X
X
Childcare Facility
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Bed and Breakfast
X
X
X
Home-Based Business,
Major
X
X
X
X
X
X
X
X
X
Public Use Class
Community Garden
X
X
X
X
Religious Assembly
X
X
X
X
X
Other Use Class
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
D E V E L O P M E N T R E G U L A T I O N S F O R R E S I D E N T I A L 1 D I S T R I C T ( R - 1 )
6.2.4.
Development in the Residential 1 District (R-1) must comply with the following regulations:
SITE DEVELOPMENT
Use Type
Dwelling, Single
Detached
Dwelling, Semi-Detached,
Triplex, Row
Housing/Townhouse
All Other Uses
Minimum Lot Width
Interior Lot
15.0 m
5.0 m / dwelling unit
15.0 m
Corner Lot
16.8 m
6.8 m / dwelling unit
16.8 m
On irregularly shaped lots, the minimum is measured 3.0 m back from the front lot line.
Minimum Lot Depth
30.5 m
Minimum Lot Area
Interior Lot
510.9 m2
152.5 m2
510.9 m2
Corner Lot
576.0 m2
207.4 m2
576.0 m2
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Land Use Bylaw No. 2178
Maximum Site
Coverage
55%
PRINCIPAL BUILDING
Maximum Building
Height
10.5 m
Minimum Front Yard
Setback
With a Lane
6.1 m
Minimum Rear Yard
Setback
7.6 m
Minimum Side Yard
Setback
Abutting a Lot
1.2 m
Abutting a Road
3.6 m
Without a Lane
At least one side yard must be 3.1 metres, unless the principal dwelling
includes an attached garage, and all servicing is from the front.
ACCESSORY BUILDING
Minimum Front Yard
Setback
No Accessory Buildings are allowed in the front yard.
Minimum Rear Yard
Setback
With a Lane
1.2 m
Without a Lane
1.0 m
Minimum Side Yard
Setback
Abutting a Lot
1.2 m
Abutting a Road
No Accessory Buildings are permitted within a side yard flanking a road.
ACCESSORY DWELLING UNITS
The maximum number of accessory dwelling units on a lot abutting a functional rear lane is two (2).
The maximum number of accessory dwelling units on a lot not abutting a functional rear lane is one (1).
6.2.5.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
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Land Use Bylaw No. 2178
6.3
RESIDENTIAL 2 DISTRICT (R-2)
6.3.1.
The purpose of this land use district is to provide for the development of small lot single detached
housing, serviced by a public road that provides the opportunity for the more efficient utilization of land
in developing neighbourhoods, while maintaining the privacy and independence provided by Single
Detached Dwellings.
6.3.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
R E S I D E N T I A L U S E C L A S S
-
Accessory Dwelling Unit
-
Dwelling, Row Housing/Townhouse
-
Dwelling, Semi-Detached
-
Dwelling, Single Detached
-
Dwelling, Triplex
-
Supportive Housing
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-Based Business, Home Office
-
Home-Based Business, Minor
P U B L I C U S E C L A S S
-
Park
-
Public Utilities
O T H E R U S E S
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Group Care
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Childcare Facility*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Bed and Breakfast
-
Home-Based Business, Major
P U B L I C U S E C L A S S
-
Community Garden*
-
Religious Assembly
O T H E R U S E S
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R R E S I D E N T I A L 2 D I S T R I C T ( R - 2 )
6.3.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Dwelling, Group Care
X
X
X
X
Commercial Use Class
Artisanal Workshop
X
X
X
X
X
X
X
X
X
X
Childcare Facility
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Bed and Breakfast
X
X
X
Home-Based Business,
Major
X
X
X
X
X
X
X
X
X
Public Use Class
Community Garden
X
X
X
X
Religious Assembly
X
X
X
X
X
Other Use Class
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
D E V E L O P M E N T R E G U L A T I O N S I N T H E R E S I D E N T I A L 2 D I S T R I C T ( R - 2 )
6.3.4.
Development in the Residential 2 District (R-2) must comply with the following regulations:
SITE DEVELOPMENT
Use Type
Dwelling, Single
Detached,
Manufactured Home
Dwelling, Semi-Detached,
Triplex, Row
Housing/Townhouse
All Other Uses
Minimum Lot Width
Interior Lot
7.5 m
5.0 m / dwelling unit
7.5 m
Corner Lot
9.3 m
6.8 m / dwelling unit
9.3 m
On irregularly shaped lots, the minimum is measured 3.0 m back from the front lot line.
Minimum Lot Depth
30.5 m
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Land Use Bylaw No. 2178
Minimum Lot Area
Interior Lot
228.7 m2
152.5 m2
228.7 m2
Corner Lot
283.6 m2
207.4 m2
283.6 m2
Maximum Site
Coverage
55%
PRINCIPAL BUILDING
Maximum Building
Height
10.5 m
Minimum Front Yard
Setback
6.0 m
Minimum Rear Yard
Setback
7.6 m
Minimum Side Yard
Setback
Abutting a Lot
1.2 m
One (1) side yard setback may be reduced to 0.0 m, subject to subsection
6.3.5.
Abutting a Road
3.6 m
Without a Lane
At least one side yard must be 3.1 metres, unless the principal dwelling
includes an attached garage, and all servicing is from the front.
ACCESSORY BUILDING
Minimum Front Yard
Setback
No Accessory Buildings are allowed in the front yard.
Minimum Rear Yard
Setback
With a Lane
0.31 m
Without a Lane
1.0 m
Minimum Side Yard
Setback
Abutting a Lot
1.2 m
Abutting a Road
No Accessory Buildings are permitted within a side yard flanking a roadway.
ACCESSORY DWELLING UNITS
The maximum number of accessory dwelling units on a lot abutting a functional rear lane is two (2).
The maximum number of accessory dwelling units on a lot not abutting a functional rear lane is one (1).
6.3.5.
For developments with a zero-lot line, the following additional regulations apply:
a)
The other side yard shall be a minimum 3.0 m.
b)
An easement is registered against the adjacent lot to allow access for maintenance on the zero-lot
line yard side, that includes:
i.
a 1.5 m private maintenance easement;
ii.
a 0.3 m eave encroachment easement with the requirement that the eaves must not be
closer than 0.9 m to the eaves on the adjacent building; and
40
Land Use Bylaw No. 2178
iii.
a 0.6 m footing encroachment easement.
6.3.6.
No zero-lot line shall be permitted in a yard that abuts a road.
6.3.7.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
41
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Land Use Bylaw No. 2178
6.4
RESIDENTIAL 3 DISTRICT (R-3)
6.4.1.
The purpose of this district is to facilitate the development of residential neighbourhoods characterized
by medium density housing, including dwelling, semi-detached, and dwelling, row housing/townhouse.
Dwelling, single detached and accessory dwelling units may also be included within the neighbourhood.
6.4.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
R E S I D E N T I A L U S E C L A S S
-
Accessory Dwelling Unit
-
Dwelling, Row Housing/Townhouse
-
Dwelling, Semi-Detached
-
Dwelling, Single Detached
-
Dwelling, Triplex
-
Supportive Housing
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-Based Business, Home Office
-
Home-Based Business, Minor
P U B L I C U S E C L A S S
-
Park
-
Public Utilities
O T H E R U S E S
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Apartment
-
Dwelling, Group Care
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Childcare Facility*
-
Retail, Convenience Store*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Bed and Breakfast
-
Home-Based Business, Major
P U B L I C U S E C L A S S
-
Community Garden*
-
Religious Assembly
O T H E R U S E S
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R R E S I D E N T I A L 3 D I S T R I C T ( R - 3 )
6.4.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Dwelling, Apartment
X
X
X
X
X
Dwelling, Group Care
X
X
X
X
Commercial Use Class
Artisanal Workshop
X
X
X
X
X
X
X
X
X
X
Childcare Facility
X
X
X
X
X
X
Retail, Convenience Store
X
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Bed and Breakfast
X
X
X
Home-Based Business,
Major
X
X
X
X
X
X
X
X
X
Public Use Class
Community Garden
X
X
X
X
Religious Assembly
X
X
X
X
X
Other Use Class
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
D E V E L O P M E N T R E G U L A T I O N S I N T H E R E S I D E N T I A L 3 D I S T R I C T ( R - 3 )
6.4.4.
For development regulations applicable to dwelling, single detached, , dwelling, semi-detached,
dwelling triplex, and dwelling row housing/ townhouse, please refer to Section 6.3 Residential 2
District (R-2).
6.4.5.
For all other uses, development in the Residential 3 District (R-3) must comply with the following
regulations:
43
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Land Use Bylaw No. 2178
SITE DEVELOPMENT
Use Type
Dwelling, Apartment
Commercial Uses
All Other Uses
Minimum Lot Width
Interior Lot
20.0 m
7.5 m
7.5 m
Corner Lot
20.0 m
9.3 m
9.3 m
On irregularly shaped lots, the minimum is measured 3.0 m back from the front lot line.
Minimum Lot Depth
30.5 m
Minimum Lot Area
Interior Lot
640.0 m2
228.7 m2
228.7 m2
Corner Lot
640.0 m2
283.6 m2
283.6 m2
Maximum Site
Coverage
65%
PRINCIPAL BUILDING
Maximum Building Height
16.0 m
10.5 m
10.5 m
Minimum Front Yard
Setback
With a Lane
6.0 m
3.0 m
3.0 m
Without a Lane
6.0 m
6.0 m
Minimum Rear Yard
Setback
7.6 m
Minimum Side Yard
Setback
Abutting a Lot
2.0 m
1.2 m
1.2 m
Abutting a Road
3.6 m
3.6 m
3.6 m
Without a Lane
At least one side yard must be 3.1 metres, unless the principal dwelling
includes an attached garage, and all servicing is from the front.
ACCESSORY BUILDING
Minimum Front Yard
Setback
No Accessory Buildings are allowed in the front yard.
Minimum Rear Yard
Setback
With a Lane
1.2 m
Without a Lane
1.0 m
Minimum Side Yard
Setback
Abutting a Lot
1.2 m
Abutting a Road
No Accessory Buildings are permitted within a side yard flanking a roadway.
ACCESSORY DWELLING UNITS
The maximum number of accessory dwelling units on a lot abutting a functional rear lane is two (2).
The maximum number of dwelling units on a lot not abutting a functional rear lane is one (1).
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Land Use Bylaw No. 2178
6.4.6.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
45
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Land Use Bylaw No. 2178
6.5
RESIDENTIAL 4 DISTRICT (R-4)
6.5.1.
The purpose of this district is to facilitate the development of residential neighbourhoods characterized
by a variety of high-density housing.
6.5.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Apartment
-
Supportive Housing
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-Based Business, Home Office
-
Home-Based Business, Minor
P U B L I C U S E C L A S S
-
Park
-
Public Utilities
O T H E R U S E S
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Accessory Dwelling Unit
-
Dwelling, Group Care
-
Dwelling, Row Housing/Townhouse
-
Dwelling, Semi-Detached
-
Dwelling, Triplex
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Childcare Facility*
-
Establishment, Restaurant*
-
Farmers Market*
-
Retail, Convenience Store*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Bed and Breakfast
-
Home-Based Business, Major
P U B L I C U S E C L A S S
-
Community Garden*
-
Religious Assembly
O T H E R U S E S
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R R E S I D E N T I A L 4 D I S T R I C T ( R - 4 )
6.5.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
46
Land Use Bylaw No. 2178
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Accessory Dwelling Unit
X
X
X
X
Dwelling, Group Care
X
X
Dwelling, Row
Housing/Townhouse
X
X
X
Dwelling, Semi-Detached
X
X
X
Dwelling, Triplex
X
X
X
Commercial Use Class
Artisanal Workshop
X
X
X
X
X
X
X
X
X
X
Childcare Facility
X
X
X
X
X
X
Establishment, Restaurant
X
X
X
X
X
X
X
Farmers Market
X
X
X
X
Retail, Convenience Store
X
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Bed and Breakfast
X
X
X
Home-Based Business,
Major
X
X
X
X
X
X
X
X
X
Public Use Class
Community Garden
X
X
X
X
Religious Assembly
X
X
X
X
X
Other Use Class
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
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Land Use Bylaw No. 2178
D E V E L O P M E N T R E G U L A T I O N S I N T H E R E S I D E N T I A L 4 D I S T R I C T ( R - 4 )
6.5.4.
For development regulations applicable to dwelling, single detached, , dwelling, semi-detached,
dwelling triplex, and dwelling row housing/ townhouse, please refer to Section 6.3 Residential 2
District (R-2).
6.5.5.
For all other uses, development in the Residential 4 District (R-4) must comply with the following
regulations:
SITE DEVELOPMENT
Use Type
Dwelling, Apartment
Commercial Uses
All Other Uses
Minimum Lot Width
Interior Lot
30.0 m
7.5 m
7.5 m
Corner Lot
30.0 m
9.3 m
9.3 m
On irregularly shaped lots, the minimum is measured 3.0 m back from the front lot line.
Minimum Lot Depth
30.5 m
Minimum Lot Area
Interior Lot
915.0 m2
228.7 m2
228.7 m2
Corner Lot
915.0 m2
283.6 m2
283.6 m2
Maximum Site
Coverage
70%
PRINCIPAL BUILDING
Maximum Building Height
23.0 m
10.5 m
10.5 m
Minimum Front Yard
Setback
With a Lane
6.0 m
3.0 m
3.0 m
Without a Lane
6.0 m
6.0 m
Minimum Rear Yard
Setback
7.6 m
Minimum Side Yard
Setback
Abutting a Lot
6.0 m
1.2 m
1.2 m
Abutting a Road
6.0 m
3.6 m
3.6 m
Without a Lane
At least one side yard must be 3.1 metres, unless the principal dwelling
includes an attached garage, and all servicing is from the front.
ACCESSORY BUILDING
Minimum Front Yard
Setback
No Accessory Buildings are allowed in the front yard.
Minimum Rear Yard
Setback
With a Lane
1.2 m
Without a Lane
1.0 m
Abutting a Lot
1.2 m
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Land Use Bylaw No. 2178
Minimum Side Yard
Setback
Abutting a Road
No Accessory Buildings are permitted within a side yard flanking a roadway.
6.5.6.
A minimum of 10% of a lot containing an apartment building shall be devoted to landscaped open
space.
6.5.7.
All off-street vehicle parking shall be surrounded by a landscaped area of not less than 0.9 m in width.
6.5.8.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
49
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Land Use Bylaw No. 2178
6.6
RESIDENTIAL 5 DISTRICT (R-5)
6.6.1.
The purpose of this district is to facilitate the development of residential neighbourhoods characterized
by dwelling, manufactured homes, as either a subdivision or manufactured home park.
6.6.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Manufactured Home
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-Based Business, Home Office
-
Home-Based Business, Minor
P U B L I C U S E C L A S S
-
Park
-
Public Utilities
O T H E R U S E S
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Accessory Dwelling Unit
-
Dwelling, Group Care
-
Manufactured Home Park
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Childcare Facility*
-
Retail, Convenience Store*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Bed and Breakfast
-
Home-Based Business, Major
P U B L I C U S E C L A S S
-
Community Garden*
-
Religious Assembly
O T H E R U S E S
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R R E S I D E N T I A L 5 D I S T R I C T ( R - 5 )
6.6.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
50
Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Accessory Dwelling Unit
X
X
X
Dwelling, Group Care
X
X
Manufactured Home Park
X
X
X
X
X
X
X
X
Commercial Use Class
Artisanal Workshop
X
X
X
X
X
X
X
X
X
X
Childcare Facility
X
X
X
X
X
X
Retail, Convenience Store
X
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Bed and Breakfast
X
X
X
Home-Based Business,
Major
X
X
X
X
X
X
X
X
X
Public Use Class
Community Garden
X
X
X
X
Religious Assembly
X
X
X
X
X
Other Use Class
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
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Land Use Bylaw No. 2178
D E V E L O P M E N T R E G U L A T I O N S I N T H E R E S I D E N T I A L 5 D I S T R I C T ( R - 5 )
6.6.4.
Development in the Residential 5 District (R-5) must comply with the following regulations:
SITE DEVELOPMENT
Use Type
Home Park
Dwelling, Manufactured
Home
All Other Uses
Minimum Lot Width
Interior Lot
12.0 m
12.1 m
7.5 m
Corner Lot
15.0 m
15.0 m
9.3 m
On irregularly shaped lots, the minimum is measured 3.0 m back from the front lot line.
Minimum Lot Depth
50.0 m
n/a
30.5 m
Minimum Lot Area
Interior Lot
1.6 ha
375.0 m2
228.7 m2
Corner Lot
375.0 m2
283.6 m2
Maximum Site
Coverage
55%
PRINCIPAL BUILDING
Maximum Building Height
n/a
9.0 m
10.5 m
Minimum Front Yard
Setback
From internal
road
n/a
3.0 m
3.0 m
From external
road
4.5 m
4.5 m
Minimum Rear Yard Setback
n/a
3.0 m
7.6 m
Minimum Side Yard
Setback
Abutting a Lot
n/a
2.44 m
1.2 m
Abutting a Road
n/a
3.6 m
3.6 m
Without a Lane in
a residential
subdivision
At least one side yard must be 3.1 metres.
ACCESSORY BUILDING
Minimum Front Yard
Setback
No Accessory Buildings are allowed in the front yard.
Minimum Rear Yard
Setback
With a Lane
1.2 m
Without a Lane
1.0 m
Minimum Side Yard
Setback
Abutting a Lot
1.2
Abutting a Road
No Accessory Buildings are permitted within a side yard flanking a roadway.
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Land Use Bylaw No. 2178
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Land Use Bylaw No. 2178
6.6.5.
Every manufactured home park is required to:
a) have a lighted storage area of 9.29 m2 per manufactured home lot;
b) devote 5% of the gross site area to landscaped open space and the open space shall contain
playground equipment;
c) provide and maintain municipal services to the satisfaction of the Development Authority;
d) provide and maintain a paved private road to the satisfaction of the Development Authority and the
General Municipal Servicing Standards;
e) provide and maintain street lighting to the satisfaction of the Development Authority and the
General Municipal Servicing Standards;
f)
provide a method of garbage collection and disposal to the satisfaction of the Development
Authority;
g) provide direct access to a major public road; and
h) provide a surface water drainage system to the satisfaction of the Development Authority and the
General Municipal Servicing Standards.
6.6.6.
Every manufactured home park lot shall:
a) front onto a private road with a minimum carriageway of 12.19 m;
b) be clearly marked by means of stakes, fences, hedges or other means satisfactory to the
Development Officer;
c) have at least two (2) off-street vehicle parking spaces plus one (1) off-street visitor vehicle parking
space per four (4) manufactured home park lots; and
d) be hard surfaced to the satisfaction of the Development Authority.
6.6.7.
Manufactured home park buffer:
a) Every manufactured home park shall maintain on its own property a screen or buffer of a width to
be determined by the Development Authority; and
b) The screen or buffer shall be at least 4.57 m wide, except when abutting a public roadway, when
the minimum width shall be 7.62 m.
6.6.8.
For manufactured home parks containing over fifty (50) park lots, two (2) separate means of access
shall be provided. In manufactured home parks under one hundred (100) units, this may be in the form
of a boulevard road with a central dividing strip, so that in the event of blockage of one (1) side, the
other side is available for two (2) way emergency traffic.
6.6.9.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
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Land Use Bylaw No. 2178
6.7
RESIDENTIAL 6 DISTRICT (R-6)
6.7.1.
The purpose of this district is to provide for the residential development of lands where the topography
of the area does not readily support urban densities. Development within this district may be serviced
by onsite services. This district is intended to accommodate dwelling, single detached developments on
large parcels where minimal urban services are provided. This district makes provision for accessory
uses which are clearly subordinate to the principal residential use of the parcel, compatible with
adjacent uses, and limited in size and intensity.
6.7.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
R E S I D E N T I A L U S E C L A S S
-
Accessory Dwelling Unit
-
Dwelling, Group Care
-
Dwelling, Single Detached
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-Based Business, Home Office
-
Home-Based Business, Minor
P U B L I C U S E C L A S S
-
Park
-
Public Utilities
O T H E R U S E S
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Communal Living*
-
Dwelling, Semi-Detached*
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Domestic Animal Care Services*
I N D U S T R I A L U S E C L A S S
-
Small Animal Breeding/Boarding Services*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Bed and Breakfast
-
Home-Based Business, Major
P U B L I C U S E C L A S S
-
Community Garden*
O T H E R U S E S
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R R E S I D E N T I A L 6 D I S T R I C T ( R - 6 )
6.7.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
55
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Land Use Bylaw No. 2178
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Communal Living
X
X
X
X
Dwelling, Semi-Detached
X
X
X
Commercial Use Class
Artisanal Workshop
X
X
X
X
X
X
X
X
X
X
Domestic Animal Care
Services
X
X
X
X
X
Industrial Use Class
Small Animal
Breeding/Boarding Services
X
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Bed and Breakfast
X
X
X
Home-Based Business,
Major
X
X
X
X
X
X
X
X
X
Public Use Class
Community Garden
X
X
X
X
Other Use Class
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
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Land Use Bylaw No. 2178
D E V E L O P M E N T R E G U L A T I O N S I N T H E R E S I D E N T I A L 6 D I S T R I C T ( R - 6 )
6.7.4.
Development in the Residential 6 District (R-6) is required to comply with the following regulations:
SITE DEVELOPMENT
Use Type
Dwelling, Single
Detached,
Manufactured Home
Dwelling, Semi-Detached
All Other Uses
Minimum Lot Width
Interior Lot
15.0 m /dwelling unit
7.5 m / dwelling unit
15.0 m
Corner Lot
16.8 m /dwelling unit
9.3 m /dwelling unit
16.8 m
On irregularly shaped lots, the minimum is measured 3.0 m back from the front lot line.
Minimum Lot Depth
30.5 m
Minimum Lot Area
Interior Lot
510.9 m2
230.7 m2
510.9 m2
Corner Lot
576.0 m2
283.7 m2
576.0 m2
Maximum Site
Coverage
55%
PRINCIPAL BUILDING
Maximum Building
Height
10.5 m
Minimum Front Yard
Setback
With a Lane
3.0 m
Without a Lane
7.6 m
Minimum Rear Yard
Setback
7.6 m
Minimum Side Yard
Setback
Abutting a Lot
1.2 m
Abutting a Road
3.6 m
Without a Lane
At least one side yard must be 3.1 metres, unless the principal dwelling
includes an attached garage, and all servicing is from the front.
ACCESSORY BUILDING
Minimum Front Yard
Setback
No Accessory Buildings are allowed in the front yard.
Minimum Rear Yard
Setback
With a Lane
1.2 m
Without a Lane
1.0 m
Minimum Side Yard
Setback
Abutting a Lot
1.2 m
Abutting a Road
No Accessory Buildings are permitted within a side yard flanking a roadway.
57
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Land Use Bylaw No. 2178
ACCESSORY DWELLING UNITS
The maximum number of accessory dwelling units on a lot abutting a functional rear lane is two (2).
The maximum number of dwelling units on a lot not abutting a functional rear lane is one (1).
6.7.5.
Water supply and sewage disposal shall be provided in accordance with the Public Health Act
regulations and the Safety Codes Act.
6.7.6.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
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Land Use Bylaw No. 2178
6.8
COMMERCIAL 1 DISTRICT (C-1)
6.8.1.
The purpose of this district is to provide for the development of the Town's downtown with a wide
variety of retail, office, and service-oriented commercial outlets, and reinforce the downtown as the
central business district. The regulations of this district are also intended to restrict uses that may be
considered a nuisance or involve excessive outside storage of materials, goods and equipment.
6.8.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Business Support Services
-
Casino
-
Childcare Facility
-
Contractor Services
-
Establishment, Bars and Pubs
-
Establishment, Brewery, Winery and
Distillery
-
Establishment, Restaurant
-
Farmers Market
-
Media Studio
-
Professional Office
-
Personal Service Shops
-
Retail, Cannabis or Liquor Store
-
Retail, Convenience Store
-
Retail, Shopping Centre
-
Retail, Store
-
Veterinary Services
-
Visitor Accommodation
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-Based Business, Home Office
-
Home-Based Business, Minor
P U B L I C U S E C L A S S
-
Community Garden
-
Community Cultural Facility
-
Government Services
-
Health and Medical Services
-
Public Utilities
-
School, Commercial
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Apartment
-
Supportive Housing
C O M M E R C I A L U S E C L A S S
-
Commercial, General
-
Domestic Animal Care Services
-
Funeral and Related Services*
-
Gas Station
-
Performance and Event Venue
-
Warehouse Sales and Storage Facilities
I N D U S T R I A L U S E C L A S S
-
Automotive, Equipment and Recreational
Vehicle Sales and Service
-
Fleet Services
-
Recycling Depot*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-Based Business, Major
P U B L I C U S E C L A S S
-
Park
-
Recreation, Indoor
-
Religious Assembly
-
School, Private
-
School, Public
O T H E R U S E S
-
Agriculture, Urban
-
Parking Facility
-
Stripping, Filling, Excavation and Grading
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Land Use Bylaw No. 2178
PERMITTED USES
DISCRETIONARY USES
O T H E R U S E S
-
Solar Energy, On-Site
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R C O M M E R C I A L 1 D I S T R I C T ( C - 1 )
6.8.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Dwelling, Apartment
X
X
X
X
Supportive Housing
X
X
X
X
Commercial Use Class
Commercial, General
X
X
X
X
X
X
X
X
X
X
X
X
X
Domestic Animal Care
Services
X
X
X
X
X
Funeral and Related
Services
X
X
X
X
X
X
X
Gas Station
X
X
X
X
X
X
X
X
X
X
Performance and Event
Venue
X
X
X
X
Warehouse Sales and
Storage Facilities
X
X
X
X
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Industrial Use Class
Automotive, Equipment
and Recreational Vehicle
Sales and Service
X
X
X
X
X
Fleet Services
X
X
X
X
X
Recycling Depot
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Home-Based Business,
Major
X
X
X
X
X
X
X
X
X
Public Use Class
Park
X
X
X
Recreation, Indoor
X
X
X
X
X
X
X
Religious Assembly
X
X
School, Private
X
X
X
School, Public
X
X
X
Other Uses
Agriculture, Urban
X
X
X
X
X
X
X
X
X
X
X
X
Parking Facility
X
X
X
X
X
X
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
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Land Use Bylaw No. 2178
D E V E L O P M E N T R E G U L A T I O N S I N T H E C O M M E R C I A L 1 D I S T R I C T ( C - 1 )
6.8.4.
Development in the Commercial 1 District (C-1) is required to comply with the following regulations:
SITE DEVELOPMENT
Use Type
Dwelling, Apartment;
Supportive Housing
Commercial Uses
(including mixed use
developments)
All Other Uses
Minimum Lot Width
30.0 m
9.1 m
9.1 m
Minimum Lot Depth
30.5 m
Minimum Lot Area
915.0 m2
228.7 m2
228.7 m2
Maximum Site Coverage
70%
100 %
75%
ALL BUILDINGS
Maximum Building Height
16.0 m
Minimum Front Yard Setback
0.0 m
0.0 m
At the discretion of the
Development
Authority.
Minimum Rear Yard Setback
6.0 m
6.0 m
Minimum Side Yard Setback
0.0 m
0.0 m
6.8.5.
Screening and Fencing:
a) All sites abutting a residential parcel shall be screened from the view of the residential parcel to the
satisfaction of the Development Authority.
b) All apparatus on the roof of any building shall be screened to the satisfaction of the Development
Authority.
c) Outside storage areas shall be screened from adjacent sites and public thoroughfares to the
satisfaction of the Development Authority.
6.8.6.
Residential Development:
a) Residential development, beyond an entrance to the lobby, shall not be allowed at street level on
property fronting onto 100th (Main) Street.
b) Residential uses shall have direct access to the outside street level.
c) With the exception of an entrance, residential dwellings shall not front onto a public road at ground
level.
6.8.7.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
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Land Use Bylaw No. 2178
6.9
COMMERCIAL 2 DISTRICT (C-2)
6.9.1.
The purpose of this land use district is to provide for a wide variety of retail and service commercial
developments requiring larger tracts of land for outside storage and the display of goods, and for lands
along highways to serve the traveling and local public.
6.9.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Business Support Services
-
Casino
-
Contractor Services
-
Establishment, Bars and Pubs
-
Establishment, Brewery, Winery and
Distillery
-
Establishment, Restaurant
-
Farmers Market
-
Media Studio
-
Performance and Event Venue
-
Professional Office
-
Personal Service Shops
-
Retail, Cannabis or Liquor Store
-
Retail, Convenience Store
-
Retail, Shopping Centre
-
Retail, Store
-
Truck Stop
-
Veterinary Services
-
Visitor Accommodation
I N D U S T R I A L U S E C L A S S
-
Automotive, Equipment and Recreational
Vehicle Sales and Service
-
Building Material and Supply Outlet
-
Fleet Services
-
Recycling Depot
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
P U B L I C U S E C L A S S
-
Community Cultural Facility
-
Community Garden
-
Government Services
C O M M E R C I A L U S E C L A S S
-
Childcare Facility
-
Commercial, General
-
Commercial, Greenhouses
-
Domestic Animal Care Services
-
Funeral and Related Services*
-
Gas Station
-
Warehouse Sales and Storage Facilities
I N D U S T R I A L U S E C L A S S
-
Automotive Electrical Services
-
Cannabis Cultivation, Processing and
Distribution*
-
Heavy Truck and Equipment Storage and
Sales
-
Recreational Vehicle Storage Facility*
-
Small Animal Breeding/Boarding Services*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
P U B L I C U S E C L A S S
-
Health and Medical Services
-
Hospital*
-
Park
-
Recreation, Indoor
-
Recreation, Outdoor*
-
Religious Assembly
-
School, Industrial
O T H E R U S E S
-
Agriculture, Urban
-
Parking Facility
-
Shooting Range, Indoor*
-
Stripping, Filling, Excavation and Grading
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Land Use Bylaw No. 2178
PERMITTED USES
DISCRETIONARY USES
-
Public Utilities
-
School, Commercial
O T H E R U S E S
-
Solar Energy, On-Site
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R C O M M E R C I A L 2 D I S T R I C T ( C - 2 )
6.9.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Commercial Use Class
Childcare Facility
X
X
X
X
X
X
Commercial, General
X
X
X
X
X
X
X
X
X
X
X
X
X
Commercial, Greenhouses
X
X
X
X
X
Domestic Animal Care
Services
X
X
X
X
X
Funeral and Related
Services
X
X
X
X
X
X
X
Gas Station
X
X
X
X
X
X
X
X
X
X
Warehouse Sales and
Storage Facilities
X
X
X
X
Industrial Use Class
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Automotive Electrical
Services
X
X
X
X
X
Cannabis Cultivation,
Processing and Distribution
X
X
X
X
X
X
X
X
X
X
Heavy Truck and Equipment
Storage and Sales
X
X
X
X
X
X
X
X
Recreational Vehicle
Storage Facility
X
X
X
X
X
X
X
Small Animal
Breeding/Boarding Services
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Public Use Class
Health and Medical
Services
X
X
X
Hospital
X
X
X
X
X
X
Park
X
X
X
Recreation, Indoor
X
X
X
X
X
X
X
Religious Assembly
X
X
X
X
X
X
School, Industrial
X
X
X
X
X
X
X
X
Other Uses
Agriculture, Urban
X
X
X
X
X
X
X
X
X
X
X
X
Parking Facility
X
X
X
X
X
X
Shooting Range, Indoor
X
X
X
X
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
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Land Use Bylaw No. 2178
D E V E L O P M E N T R E G U L A T I O N S I N T H E C O M M E R C I A L 2 D I S T R I C T ( C - 2 )
6.9.4.
Development in the Commercial 2 District (C-2) is required to comply with the following regulations:
SITE DEVELOPMENT
Minimum Lot Width
30.0 m
Minimum Lot Depth
30.5 m
Minimum Lot Area
915.0 m2
Maximum Site Coverage
65 %
ALL BUILDINGS
Maximum Building Height
16.0 m
Minimum Front Yard Setback
6.0 m
Minimum Rear Yard Setback
3.0 m
Minimum Side Yard Setback
3.0 m
6.9.5.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
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Land Use Bylaw No. 2178
6.10
COMMERCIAL NEIGHBOURHOOD DISTRICT (C-N)
6.10.1.
The purpose of this district is to provide for local retail and service outlets to provide a variety of goods
and services to adjacent residential neighbourhoods.
6.10.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Business Support Services
-
Childcare Facility
-
Establishment, Restaurant
-
Farmers Market
-
Professional Office
-
Personal Service Shops
-
Retail, Convenience Store
-
Retail, Store
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-Based Business, Home Office
-
Home-Based Business, Minor
P U B L I C U S E C L A S S
-
Community Cultural Facility
-
Public Utilities
-
Religious Assembly
O T H E R U S E S
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Apartment
C O M M E R C I A L U S E C L A S S
-
Commercial, General
-
Contractor Services*
-
Domestic Animal Care Services*
-
Establishment, Bars and Pubs*
-
Establishment, Brewery, Winery and
Distillery*
-
Gas Station
-
Media Studio
-
Performance and Event Venue*
-
Retail, Cannabis or Liquor Store*
-
Veterinary Services*
I N D U S T R I A L U S E C L A S S
-
Fleet Services*
-
Recycling Depot*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-Based Business, Major
-
Live-Work Unit*
P U B L I C U S E C L A S S
-
Community Garden
-
Government Services
-
Health and Medical Services*
-
Park
-
Recreation, Indoor*
O T H E R U S E S
-
Agriculture, Urban
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
67
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Land Use Bylaw No. 2178
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R C O M M E R C I A L - N E I G H B O U R H O O D D I S T R I C T ( C - N )
6.10.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Dwelling, Apartment
X
X
X
X
X
Commercial Use Class
Commercial, General
X
X
X
X
X
X
X
X
X
X
X
X
X
Contractor Services
X
X
X
X
X
X
X
X
X
X
X
Domestic Animal Care
Services
X
X
X
X
X
Establishment, Bars and
Pubs
X
X
X
X
X
X
Establishment, Brewery,
Winery and Distillery
X
X
X
X
X
X
X
Media Studio
X
X
X
X
Performance and Event
Venue
X
X
X
X
X
Retail, Liquor or Cannabis
Store
X
X
X
Veterinary Services
X
X
X
X
Industrial Use Class
Fleet Services
X
X
X
X
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Recycling Depot
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Home-Based Business,
Major
X
X
X
X
X
X
X
X
X
Live-Work Unit
X
X
X
X
X
X
X
X
X
Public Use Class
Community Garden
X
X
X
X
Government Services
X
X
X
X
Health and Medical
Services
X
X
X
X
Park
X
X
X
Recreation, Indoor
X
X
X
X
X
X
X
Other Use Class
Agriculture, Urban
X
X
X
X
X
X
X
X
X
X
X
X
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
69
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Land Use Bylaw No. 2178
D E V E L O P M E N T R E G U L A T I O N S I N T H E C O M M E R C I A L - N E I G H B O U R H O O D D I S T R I C T ( C - N )
6.10.4.
Development in the Commercial Neighbourhood District (C-N) is required to comply with the following
regulations:
SITE DEVELOPMENT
Minimum Lot Width
15.0 m
Minimum Lot Depth
30.5 m
Minimum Lot Area
457.5 m2
Maximum Lot Area
2,500.0 m2
Maximum Site Coverage
65 %
ALL BUILDINGS
Maximum Building Height
16.0 m
Minimum Front Yard Setback
6.0 m
Minimum Rear Yard Setback
3.0 m
Minimum Side Yard Setback
3.0 m
6.10.5.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
[SECTION 6.11 HAS BEEN INTENTIONALLY SKIPPED]
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Land Use Bylaw No. 2178
6.12
COMMERCIAL RESIDENTIAL DISTRICT (C-R)
6.12.1.
The purpose of this district is to provide for the commercial and residential development of areas
adjacent to the Town's central business district. An intermixing of commercial and residential uses is
intended to strengthen the role of the downtown area as the business and cultural center of the Town.
6.12.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
R E S I D E N T I A L U S E C L A S S
-
Accessory Dwelling Unit
-
Communal Living
-
Dwelling, Apartment
-
Dwelling, Row Housing/Townhouse
-
Dwelling, Semi-Detached
-
Dwelling, Single Detached
-
Dwelling, Triplex
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Business Support Services
-
Contractor Services
-
Establishment, Restaurant
-
Farmers Market
-
Media Studio
-
Professional Office
-
Personal Service Shops
-
Retail, Convenience Store
-
Retail, Store
-
Visitor Accommodation
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-Based Business, Home Office
-
Home-Based Business, Minor
P U B L I C U S E C L A S S
-
Community Cultural Facility
-
Government Services
-
Health and Medical Services
-
Park
-
Public Utilities
-
Religious Assembly
-
School, Commercial
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Caretaker's Residence
-
Dwelling, Group Care
-
Supportive Housing
C O M M E R C I A L U S E C L A S S
-
Childcare Facility
-
Commercial, General
-
Domestic Animal Care Services*
-
Establishment, Bars and Pubs*
-
Establishment, Brewery, Winery and
Distillery*
-
Funeral and Related Services*
-
Media Studio
-
Performance and Event Venue*
-
Retail, Cannabis or Liquor Store*
-
Veterinary Services*
-
Warehouse Sales and Storage Facilities
I N D U S T R I A L U S E C L A S S
-
Automotive Electrical Services
-
Fleet Services*
-
Small Animal Breeding/Boarding Services*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure*
-
Bed and Breakfast
-
Home-Based Business, Major
-
Live-Work Unit*
P U B L I C U S E C L A S S
-
Community Garden*
-
Recreation, Indoor*
-
Recreation, Outdoor*
-
School, Private
-
School, Public
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Land Use Bylaw No. 2178
O T H E R U S E S
-
Solar Energy, On-Site
O T H E R U S E S
-
Agriculture, Urban
-
Parking Facility
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R C O M M E R C I A L R E S I D E N T I A L D I S T R I C T ( C - R )
6.12.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Dwelling, Caretaker's
Residence
X
X
X
Dwelling, Group Care
X
X
Supportive Housing
X
X
X
X
Commercial Use Class
Childcare Facility
X
X
X
X
X
Commercial, General
X
X
X
X
X
X
X
X
X
X
X
X
X
Domestic Animal Care
Services
X
X
X
X
X
Establishment, Bars and
Pubs
X
X
X
X
X
X
Establishment, Brewery,
Winery and Distillery
X
X
X
X
X
X
X
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Funeral and Related
Services
X
X
X
X
X
X
X
Media Studio
X
X
X
X
Performance and Event
Venue
X
X
X
X
X
Retail, Cannabis or Liquor
Store
X
X
X
Veterinary Services
X
X
X
X
Warehouse Sales and
Storage Facilities
X
X
X
X
Industrial Use Class
Automotive Electrical
Services
X
X
X
X
X
X
Fleet Services
X
X
X
X
X
Small Animal
Breeding/Boarding Services
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Bed and Breakfast
X
X
X
Home-Based Business,
Major
X
X
X
X
X
X
X
X
X
Live-Work Unit
X
X
X
X
X
X
X
X
X
Public Use Class
Community Garden
X
X
X
X
Recreation, Indoor
X
X
X
X
X
X
Recreation, Outdoor
X
X
X
X
X
X
X
X
X
X
X
School, Private
X
X
X
X
X
X
School, Public
X
X
X
X
X
X
Other Uses
Agriculture, Urban
X
X
X
X
X
X
X
X
X
X
X
X
Parking Facility
X
X
X
X
X
X
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
D E V E L O P M E N T R E G U L A T I O N S I N T H E C O M M E R C I A L R E S I D E N T I A L D I S T R I C T ( C - R )
6.12.4.
For development regulations applicable to dwelling, single detached, dwelling, semi-detached,
dwelling triplex, and dwelling row housing/townhouse, please refer to Section 6.3 Residential 2 District
(R-2).
6.12.5.
Development in the Commercial Residential District (C-R) is required to comply with the following
regulations:
SITE DEVELOPMENT
Use Type
Dwelling, Apartment;
Supportive Housing
Commercial and
Public Uses
(including mixed use
developments)
All Other Uses
Minimum Lot Width
30.0 m
9.1 m
9.1 m
Minimum Lot Depth
30.5 m
Minimum Lot Area
915.0 m2
228.7 m2
228.7 m2
Maximum Site Coverage
70%
100 %
75%
ALL BUILDINGS
Maximum Building Height
16.0 m
Minimum Front Yard Setback
0.0 m
0.0 m
At the discretion of the
Development
Authority.
Minimum Rear Yard Setback
3.0 m
3.0 m
Minimum Side Yard Setback
0.0 m
0.0 m
ACCESSORY DWELLING UNITS
The maximum number of accessory dwelling units on a lot abutting a rear lane is two (2).
The maximum number of accessory dwelling units on a lot not abutting a rear lane is one (1).
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Land Use Bylaw No. 2178
6.12.6.
In respect of dwelling, apartment buildings, the Development Authority would normally require that a
suitable and conveniently located area of usable amenity space be provided, adequate to accommodate
the demands for passive recreation generated by the development. However, given the location of
public amenity areas within this district, such as Riverfront Park and the dike walkway system, the
Development Authority may allow a dwelling, apartment without any private usable amenity space.
6.12.7.
Commercial and public developments located adjacent to dwelling, apartment buildings or adjacent to
a Residential Districts shall be designed and screened to mitigate their impact upon adjacent residential
properties.
6.12.8.
External storage areas for equipment, materials, machinery, etc. shall not be permitted within the
Commercial Residential District unless the external storage area is screened from view to the
satisfaction of the Development Authority.
6.12.9.
Design techniques may be required for new buildings on corner sites or sites bounded by two (2) or
more public highways (including the dike walkway system). Attention may need to be paid to the visual
appearance of each façade fronting a highway in order to promote visually appealing streetscapes.
6.12.10. In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
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Land Use Bylaw No. 2178
6.13
RIVERFRONT DEVELOPMENT DISTRICT (R-D)
6.13.1.
The purpose of this land use district is to provide for appropriate land uses that respect the intended
function of the downtown riverfront area for residential, appropriate commercial, and tourism
opportunities.
6.13.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Apartment
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Business Support Services
-
Casino
-
Commercial, General
-
Establishment, Bars and Pubs
-
Establishment, Brewery, Winery, and
Distillery
-
Establishment, Restaurant
-
Media Studio
-
Performance and Event Venue
-
Professional Office
-
Personal Service Shops
-
Retail, Cannabis or Liquor Store
-
Retail, Convenience Store
-
Retail, Shopping Centre
-
Retail, Store
-
Visitor Accommodations
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
P U B L I C U S E C L A S S
-
Community Cultural Facility
-
Park
-
Public Utilities
-
Recreation, Indoor
O T H E R U S E S
-
Parking Facility
-
Solar Energy, On-Site
C O M M E R C I A L U S E C L A S S
-
Childcare Facility
-
Farmers Market
-
Funeral and Related Services
I N D U S T R I A L U S E C L A S S
-
Automotive Electrical Services
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Bed and Breakfast
P U B L I C U S E C L A S S
-
Community Garden
-
Recreation, Outdoor
-
Religious Assembly
O T H E R U S E S
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
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Land Use Bylaw No. 2178
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R T H E R I V E R F R O N T D E V E L O P M E N T D I S T R I C T ( R - D )
6.13.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Commercial Use Class
Childcare Facility
X
X
X
X
X
Farmers Market
X
X
X
X
X
X
X
X
X
Funeral and Related
Services
X
X
X
X
X
X
X
X
X
X
Performance and Event
Venue
X
X
X
X
X
X
X
X
X
X
Industrial Use Class
Automotive Electrical
Services
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
X
X
X
X
X
X
X
X
X
X
Bed and Breakfast
X
X
X
Public Use Class
Community Garden
X
X
X
X
X
X
X
X
Recreation, Outdoor
X
X
X
X
X
X
X
X
X
X
X
Religious Assembly
X
X
X
X
X
X
X
X
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Other Uses
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
X
D E V E L O P M E N T R E G U L A T I O N S F O R T H E R I V E R F R O N T D E V E L O P M E N T D I S T R I C T ( R - D )
6.13.4.
Development in the Riverfront Development District (R-D) is required to comply with the following
regulations:
SITE DEVELOPMENT
Minimum Lot Width
At the discretion of the Development Authority
Minimum Lot Depth
At the discretion of the Development Authority
Minimum Lot Area
At the discretion of the Development Authority
Maximum Site Coverage
100%, subject to provision being made for any required parking, loading,
storage, and garbage enclosures
ALL BUILDINGS
Maximum Building Height
At the discretion of the Development Authority
Minimum Front Yard Setback
None, unless required at the discretion of the Development Authority
Minimum Rear Yard Setback
For an apartment development
None, unless
required at the
discretion of the
Development
Authority
Abutting any other Use class
6.1 m
Minimum Side Yard Setback
Abutting a Residential Use class
3.05 m
Abutting any other use class
At the discretion of
the Development
Authority
A D D I T I O N A L R E Q U I R E M E N T S
6.13.5.
In respect of apartment buildings, the Development Officer or Municipal Planning Commission would
normally require that a suitable and conveniently located area of usable amenity space be provided,
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Land Use Bylaw No. 2178
adequate to accommodate the demands for passive recreation generated by the development.
However, given the location of public amenity areas within this District, such as Riverfront Park and the
dike walkway system, the Development Authority may allow apartment development without any
private usable amenity space.
6.13.6.
Commercial developments located adjacent to apartment buildings within this District or adjacent to
other residential districts shall be designed and screened in order to mitigate their impact upon adjacent
residential properties, to the satisfaction of the Development Authority.
6.13.7.
Commercial developments directly adjacent to the Town dike walkway system, should, wherever
possible incorporate pedestrian walkway links to connect with the dike system and promote increased
pedestrian flows, provided that any work involved would not adversely affect the stability or integrity of
the dike system.
6.13.8.
As part of the development permit process, details will be required regarding proposed external storage
provision for garbage. Garbage should not be stored in direct public view and in order to preserve the
visual appeal of the streetscape, the Development Authority may require external storage enclosures to
be constructed to screen garbage storage areas from adjoining sites and public roads.
6.13.9.
For areas of a parcel not covered by buildings, parking or driveways, the developer shall be encouraged
to provide landscaping in the form of trees, shrubs, grassed areas to enhance the visual appeal of the
parcel and the streetscape.
6.13.10. External storage areas for equipment, materials, machinery, etc. shall not be permitted within a
Riverfront Development District. If items are required to be stored outside of the principal building, the
Development Authority will give consideration to the use of accessory buildings or structures to
accommodate such storage requirements.
6.13.11. Design techniques may be required for new buildings on corner sites or sites bounded by two (2) or
more public roads (including the dike walkway system). Attention may need to be paid to the visual
appearance of each façade fronting a road to promote visually appealing streetscapes.
6.13.12. In making a decision on the location of a proposed development, the Development Authority shall refer
to the policies contained in the Municipal Development Plan and any other applicable statutory
document.
6.13.13. The Development Authority may decide on such other requirements as are necessary having regard to
the nature of a proposed development and the intent of this district.
6.13.14. In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
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Land Use Bylaw No. 2178
6.14
INDUSTRIAL 1 DISTRICT (M-1)
6.14.1.
The purpose of this district is to provide for a wide variety of light industrial developments, and those
commercial uses which provide service to industrial uses. The uses do not create nuisance conditions
beyond the site.
6.14.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Business Support Services
-
Contractor Services
-
Veterinary Services
-
Warehouse Sales and Storage Facilities
I N D U S T R I A L U S E C L A S S
-
Automotive Electrical Services
-
Building Material and Supply Outlet
-
Fleet Services
-
Industrial, Light
-
Recycling Depot
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-based Business, Home Office
P U B L I C U S E C L A S S
-
Public Utilities
-
School, Industrial
O T H E R U S E S
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Caretaker's Residence
C O M M E R C I A L U S E C L A S S
-
Commercial, General
-
Commercial, Greenhouses
-
Domestic Animal Care Services
-
Establishment, Brewery, Winery and
Distillery*
-
Farmers Market
-
Funeral and Related Services*
-
Media Studio
-
Professional Office
-
Personal Service Shops
-
Retail, Convenience Store
I N D U S T R I A L U S E C L A S S
-
Auctioneering Services
-
Automotive, Equipment and Recreational
Vehicle Sales and Service
-
Cannabis Cultivation, Processing and
Distribution*
-
Heavy Truck and Equipment Storage and
Sales
-
Railway Services
-
Recreational Vehicle Storage Facility
-
Small Animal Breeding/Boarding Services*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
P U B L I C U S E C L A S S
-
Government Services
-
Park
-
Recreation, Indoor*
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Land Use Bylaw No. 2178
PERMITTED USES
DISCRETIONARY USES
-
Religious Assembly
-
School, Commercial
O T H E R U S E S
-
Aerodrome
-
Agriculture, Urban
-
Shooting Range, Indoor*
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R I N D U S T R I A L 1 D I S T R I C T ( M - 1 )
6.14.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Dwelling, Caretaker's
Residence
X
X
X
Commercial Use Class
Commercial, General
X
X
X
X
X
X
X
X
X
X
X
X
X
Commercial, Greenhouses
X
X
X
X
X
Domestic Animal Care
Services
X
X
X
X
X
Establishment, Brewery,
Winery and Distillery
X
X
X
X
X
X
X
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Farmers Market
X
X
X
X
Funeral and Related
Services
X
X
X
X
X
X
X
Media Studio
X
X
X
X
Professional Office
X
X
X
Personal Service Shops
X
X
X
Retail, Convenience Store
X
X
X
Industrial Use Class
Auctioneering Services
X
X
X
X
X
X
X
Automotive, Equipment
and Recreational Vehicle
Sales and Service
X
X
X
X
Cannabis Cultivation,
Processing and Distribution
X
X
X
X
X
Heavy Truck and Equipment
Storage and Sales
X
X
X
X
X
X
X
X
Railway Services
X
X
X
X
X
X
X
X
Recreational Vehicle
Storage Facility
X
X
X
X
X
X
Small Animal
Breeding/Boarding Services
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Public Use Class
Government Services
X
X
X
Park
X
X
X
Recreation, Indoor
X
X
X
X
X
X
X
Religious Assembly
X
X
X
X
Commercial School
X
X
X
Other Uses
Aerodrome
X
X
X
X
X
X
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Agriculture, Urban
X
X
X
X
X
X
X
X
X
X
X
X
Shooting Range, Indoor
X
X
X
X
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
D E V E L O P M E N T R E G U L A T I O N S F O R T H E I N D U S T R I A L 1 D I S T R I C T ( M - 1 )
6.14.4.
Development in the Industrial 1 District (M-1) is required to comply with the following regulations:
SITE DEVELOPMENT
Minimum Lot Width
20.0 m
Minimum Lot Depth
30.5 m
Minimum Lot Area
610.0 m2
Maximum Site Coverage
60 %
ALL BUILDINGS
Maximum Building Height
12.0 m
Minimum Front Yard Setback
6.0 m
Minimum Rear Yard Setback
Abutting an Industrial or Commercial Use class
3.0 m
Abutting any other Use class
6.0 m
Minimum Side Yard Setback
Abutting an Industrial or Commercial Use class
4.5 m
Abutting a road
6.0 m
Abutting any other use class
10.0 m
6.14.5.
Storage Areas:
a) Storage areas should be placed at the rear of buildings.
b) All outside storage areas shall be screened from public highways by the use of solid screening,
berms, walls or additional landscaping to the satisfaction of the Development Authority.
6.14.6.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
83
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Land Use Bylaw No. 2178
6.15
INDUSTRIAL 2 DISTRICT (M-2)
6.15.1.
The purpose of this land use district is to provide for the development of industrial uses that may carry
out a portion of their operations outdoors or require large outdoor storage areas, such that no nuisance
is created or apparent beyond the site. Developments shall not create nuisance factors outside an
enclosed building and operate in such a manner that commercial uses are limited or accessory to a
principal use. Loading, service, and storage areas should be screened from the view of the public beyond
the boundary of the site.
6.15.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
C O M M E R C I A L U S E C L A S S
-
Artisanal Workshop
-
Warehouse Sales and Storage Facilities
I N D U S T R I A L U S E C L A S S
-
Automotive Electrical Services
-
Automotive, Equipment and Recreational
Vehicle Sales and Service
-
Building Material and Supply Outlet
-
Business Support Services
-
Contractor Services
-
Fleet Services
-
Heavy Truck and Equipment Storage and
Sales
-
Industrial, Light
-
Recreational Vehicle Storage Facility
-
Recycling Depot
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-based Business, Home Office
P U B L I C U S E C L A S S
-
Public Utilities
-
School, Industrial
O T H E R U S E S
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Caretaker's Residence
C O M M E R C I A L U S E C L A S S
-
Commercial, General
-
Commercial, Greenhouses
-
Domestic Animal Care Services
-
Establishment, Brewery, Winery and
Distillery*
-
Funeral and Related Services
-
Gas Station
-
Media Studio
-
Professional Office
-
Truck Stop
-
Veterinary Services
I N D U S T R I A L U S E C L A S S
-
Auctioneering Services
-
Auto Wrecking and Salvage Yards
-
Bulk Fuel Sales
-
Cannabis Cultivation, Processing and
Distribution*
-
Heavy Industry*
-
Railway Services
-
Small Animal Breeding/Boarding Services*
-
Waste Management Facility
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
P U B L I C U S E C L A S S
-
Government Services
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Land Use Bylaw No. 2178
-
Park
-
Recreation, Indoor*
O T H E R U S E S
-
Aerodrome
-
Agriculture, Urban
-
Solar Energy, Commercial*
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R I N D U S T R I A L 2 D I S T R I C T ( M - 2 )
6.15.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Dwelling, Caretaker's
Residence
X
X
X
Commercial Use Class
Commercial, General
X
X
X
X
X
X
X
X
Commercial, Greenhouses
X
X
X
X
X
X
Domestic Animal Care
Services
X
X
X
X
X
Funeral and Related
Services
X
X
X
X
X
X
X
Professional Office
X
X
X
X
X
85
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Truck Stop
X
X
X
X
Veterinary Services
X
X
X
X
Industrial Use Class
Auctioneering Services
X
X
X
X
X
X
X
Auto Wrecking and Salvage
Yards
X
X
X
X
Cannabis Cultivation,
Processing and Distribution
X
X
X
X
X
Heavy Industry*
X
X
X
X
X
X
X
X
X
X
X
X
X
Railway Services
X
X
X
X
X
X
X
X
Small Animal
Breeding/Boarding Services
X
X
X
X
X
X
X
Waste Management Facility
X
X
X
X
X
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Public Use Class
Government Services
X
X
X
Park
X
X
X
Recreation, Indoor
X
X
X
X
X
X
Other Uses
Aerodrome
X
X
X
X
X
X
Agriculture, Urban
X
X
X
X
X
X
X
X
X
X
X
X
Solar Energy, Commercial
X
X
X
X
X
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
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Land Use Bylaw No. 2178
D E V E L O P M E N T R E G U L A T I O N S I N T H E I N D U S T R I A L 2 D I S T R I C T ( M - 2 )
6.15.4.
Development in the Industrial 2 District (M-2) is required to comply with the following regulations:
SITE DEVELOPMENT
Minimum Lot Width
20.0 m
Minimum Lot Depth
30.5 m
Minimum Lot Area
930.0 m2
Maximum Site Coverage
60 %
ALL BUILDINGS
Maximum Building Height
20.0 m
Minimum Front Yard Setback
6.0 m
Minimum Rear Yard Setback
Abutting an Industrial or Commercial Use class
6.0 m
Abutting a Railroad Right of Way
0.0 m
Abutting any other use class
7.6 m
Minimum Side Yard Setback
Abutting an Industrial or Commercial Use class
4.5 m
Abutting a Railroad Right of Way
0.0 m
Abutting a road
6.0 m
Abutting any other use class
6.0 m
6.15.5.
Screening and Fencing:
a) All sites abutting a Residential District shall be screened from the view of the Residential District to
the satisfaction of the Development Authority.
c) All apparatus on the roof of any building shall be screened to the satisfaction of the Development
Authority.
d) Outside storage areas shall be screened from adjacent sites and public highways to the satisfaction
of the Development Authority.
e) External storage shall not be permitted within the front or side yards of sites fronting 94th Street
(River Road) or on sites prominently visible from the riverfront if, in the opinion of the Development
Authority, such proposals will detract from the aesthetic quality and image of the riverfront.
6.15.6.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
87
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Land Use Bylaw No. 2178
6.16
INDUSTRIAL 3 DISTRICT (M-3)
6.16.1.
The purpose of this district is to provide for larger-scale industrial land uses that may have adverse
impacts beyond the boundaries of the site. Mitigation of any potential off-site impacts will be a
requirement of any future development proposals.
6.16.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
C O M M E R C I A L U S E C L A S S
-
Business Support Services
I N D U S T R I A L U S E C L A S S
-
Automotive Electrical Services
-
Building Material and Supply Outlet
-
Contractor Services
-
Heavy Truck and Equipment Storage and
Sales
-
Industrial, Light
-
Recreational Vehicle Storage Facility
-
Recycling Depot
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-based Business, Home Office
P U B L I C U S E C L A S S
-
Public Utilities
-
School, Industrial
O T H E R U S E S
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Caretaker's Residence
C O M M E R C I A L U S E C L A S S
-
-
Warehouse Sales and Storage Facilities
I N D U S T R I A L U S E C L A S S
-
Auctioneering Services
-
Auto Wrecking and Salvage Yards
-
Cannabis Cultivation, Processing and
Distribution*
-
Industrial, Heavy*
-
Natural Resource Extraction Industry*
-
Railway Services
-
Waste Management Facility
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
P U B L I C U S E C L A S S
-
Park
O T H E R U S E S
-
Aerodrome
-
Agriculture, Urban
-
Solar Energy, Commercial*
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R I N D U S T R I A L 3 D I S T R I C T ( M - 3 )
6.16.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
88
Land Use Bylaw No. 2178
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Dwelling, Caretaker's
Residence
X
X
X
Commercial Use Class
Commercial, General
X
X
X
X
X
X
X
X
X
X
X
X
X
Warehouse Sales and
Storage Facilities
X
X
X
X
Industrial Use Class
Auctioneering Services
X
X
X
X
X
X
X
Auto Wrecking and Salvage
Yards
X
X
X
X
Cannabis Cultivation,
Processing and Distribution
X
X
X
X
X
Industrial, Heavy
X
X
X
X
X
X
X
X
X
X
X
X
X
Natural Resource Extraction
Industry
X
X
X
X
X
X
X
X
X
X
X
Railway Services
X
X
X
X
X
X
X
X
Waste Management Facility
X
X
X
X
X
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Public Use Class
Park
X
X
X
Other Uses
Aerodrome
X
X
X
X
X
X
89
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Land Use Bylaw No. 2178
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Agriculture, Urban
X
X
X
X
X
X
X
X
X
X
X
X
Solar Energy, Commercial
X
X
X
X
X
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
D E V E L O P M E N T R E G U L A T I O N S I N T H E I N D U S T R I A L 3 D I S T R I C T ( M - 3 )
6.16.4.
Development in the Industrial 3 District (M-3) is required to comply with the following regulations:
SITE DEVELOPMENT
Minimum Lot Area
1.0 ha
Maximum Site Coverage
60 %
ALL BUILDINGS
Maximum Building Height
20.0 m
Minimum Front Yard Setback
8.0 m
Minimum Rear Yard Setback
Abutting an Industrial or Commercial Use Class
6.0 m
Abutting a Railroad Right of Way
0.0 m
Abutting any other use class
10.0 m
Minimum Side Yard Setback
Abutting an Industrial or Commercial Use Class
4.5 m
Abutting a Railroad Right of Way
0.0 m
Abutting a road
8.0 m
Abutting any other use class
10.0 m
6.16.5.
Screening and Fencing:
a) All sites abutting a Residential District shall be screened from the view of the Residential District to
the satisfaction of the Development Authority.
f)
All apparatus on the roof of any building shall be screened to the satisfaction of the Development
Authority.
g) Outside storage areas shall be screened from adjacent sites and public highways to the satisfaction
of the Development Authority.
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Land Use Bylaw No. 2178
6.16.6.
Storage Areas:
a) Storage areas should be placed at the rear of buildings.
h) Outside display and storage areas should be kept in a clean and tidy appearance, to the satisfaction
of the Development Authority.
i)
All outside storage areas shall be screened from public highways by the use of solid screening,
berms, walls or additional landscaping to the satisfaction of the Development Authority.
6.16.7.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
91
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Land Use Bylaw No. 2178
6.17
INSTITUTIONAL-RECREATIONAL DISTRICT (I-R)
6.17.1.
This district provides for the development of public parks, passive recreational areas, and publicly and
privately owned facilities of an institutional or community service nature at the local, neighbourhood
and community level to serve the residents of the Town and the region.
6.17.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
C O M M E R C I A L U S E C L A S S
-
Childcare Facility
-
Farmers Market
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-based Business, Home Office
P U B L I C U S E C L A S S
-
Community Cultural Facility
-
Government Services
-
Health and Medical Services
-
Hospital
-
Park
-
Public Utilities
-
Religious Assembly
-
School, Public
O T H E R U S E S
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Dwelling, Caretaker's Residence
C O M M E R C I A L U S E C L A S S
-
Performance and Event Venue*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
P U B L I C U S E C L A S S
-
Cemetery
-
Recreation, Indoor
-
Recreation, Outdoor
-
School, Private
O T H E R U S E S
-
Campground
-
Emergency Shelter*
-
Recreational Accommodations
-
Recreational Vehicle Park
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R I N S T I T U T I O N A L - R E C R E A T I O N D I S T R I C T ( I - R )
6.17.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
92
Land Use Bylaw No. 2178
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Dwelling, Caretaker's
Residence
X
X
X
Commercial Use Class
Performance and Event
Venue
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Public Use Class
Cemetery
X
X
X
X
Recreation, Indoor
X
X
X
X
X
Recreation, Outdoor
X
X
X
X
X
X
X
X
X
X
X
X
School, Private
X
X
X
X
X
X
Other Uses
Campground
X
X
X
X
X
X
X
Emergency Shelter
X
X
Recreational
Accommodations
X
X
X
X
X
X
X
Recreational Vehicle Park
X
X
X
X
X
X
X
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
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Land Use Bylaw No. 2178
D E V E L O P M E N T R E G U L A T I O N S I N T H E I N S T I T U T I O N A L - R E C R E A T I O N D I S T R I C T ( I - R )
6.17.4.
Development in the Institutional-Recreational District (I-R) is required to comply with the following
regulations:
SITE DEVELOPMENT
Minimum Lot Width
30.0 m
Minimum Lot Depth
30.5 m
Minimum Lot Area
915.0 m2
Maximum Site Coverage
60 %
ALL BUILDINGS
Maximum Building Height
16.0 m
Minimum Front Yard Setback
6.0 m
Minimum Rear Yard Setback
Abutting a Residential Use class
6.0 m
Abutting any other use class
3.0 m
Minimum Side Yard Setback
Abutting a Residential Use class
4.5 m
Abutting a road
6.0 m
Abutting any other use class
1.5 m
6.17.5.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
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Land Use Bylaw No. 2178
6.18
FUTURE DEVELOPMENT DISTRICT (F-D)
6.18.1.
This district is intended to reserve those areas of the Town of Peace River which are rural in character or
land use for urban development until such time as a subdivision plan has been accepted in principle or
approved for other specific uses not permitted in this district. The reclassification of land to other land
use districts will normally occur after the acceptance of an Area Structure Plan where one is required by
Council, and before the approval of a subdivision.
6.18.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Home-based Business, Home Office
-
Home-based Business, Minor
P U B L I C U S E C L A S S
-
Public Utilities
O T H E R U S E S
-
Agricultural Operations, Extensive
-
Solar Energy, On-Site
R E S I D E N T I A L U S E C L A S S
-
Accessory Dwelling Unit
-
Dwelling, Semi Detached
-
Dwelling, Single Detached
C O M M E R C I A L U S E C L A S S
-
Commercial, Greenhouses
-
Domestic Animal Care Services
-
Establishment, Brewery, Winery and
Distillery*
-
Farmers Market
I N D U S T R I A L U S E C L A S S
-
Recreational Vehicle Storage Facility*
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
-
Bed and Breakfast
-
Home-Based Business, Major
P U B L I C U S E C L A S S
-
Park
-
Recreation, Outdoor
O T H E R U S E S
-
Aerodrome
-
Agricultural Operations, Intensive*
-
Campground
-
Recreational Accommodations
-
Recreational Vehicle Park
-
Solar Energy, Commercial*
-
Stripping, Filling, Excavation and Grading
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
95
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Land Use Bylaw No. 2178
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R F U T U R E D E V E L O P M E N T D I S T R I C T ( F - D )
6.18.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Residential Use Class
Accessory Dwelling Unit
X
X
X
X
Dwelling, Semi-Detached
X
X
X
Dwelling, Single Detached
X
X
X
Commercial Use Class
Commercial, Greenhouses
X
X
X
X
X
Domestic Animal Care
Services
X
X
X
X
X
Establishment, Brewery,
Winery and Distillery
X
X
X
X
X
X
X
Farmers Market
X
X
X
X
Industrial Use Class
Recreational Vehicle
Storage Facility
X
X
X
X
X
X
X
Accessory Use Class
Accessory Building or
Structure
X
X
X
Bed and Breakfast
X
X
X
Home-Based Business,
Major
X
X
X
X
X
X
X
X
X
Public Use Class
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DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Park
X
X
X
Recreation, Outdoor
X
X
X
X
X
X
X
Other Uses
Aerodrome
X
X
X
X
X
X
Agricultural Operations,
Intensive
X
X
X
X
X
X
X
Campground
X
X
X
X
X
X
X
Recreational
Accommodations
X
X
X
X
X
X
X
Recreational Vehicle Park
X
X
X
X
X
X
X
Solar Energy, Commercial
X
X
X
X
Stripping, Filling, Excavation
and Grading
X
X
X
X
X
X
X
X
X
D E V E L O P M E N T R E G U L A T I O N S F O R T H E F U T U R E D E V E L O P M E N T D I S T R I C T ( F - D )
6.18.4.
Development in the Future Development District (F-D) is required to comply with the following
regulations:
SITE DEVELOPMENT
Minimum Lot Width
At the discretion of the Development Authority.
Minimum Lot Depth
At the discretion of the Development Authority.
Minimum Lot Area
At the discretion of the Development Authority.
Maximum Site Coverage
At the discretion of the Development Authority.
ALL BUILDINGS
Maximum Building Height
At the discretion of the Development Authority.
Minimum Front Yard Setback
6.0 m
Minimum Rear Yard Setback
At the discretion of the Development Authority.
Minimum Side Yard Setback
At the discretion of the Development Authority.
ACCESSORY DWELLING UNITS
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The maximum number of dwelling units on a lot abutting a rear lane is three (3).
The maximum number of dwelling units on a lot not abutting a rear lane is two (2).
6.18.5.
The Development Authority shall not approve Discretionary Uses that, in their opinion, would
undermine future urban land use development.
6.18.6.
The Development Authority may specify the length of time a use is permitted in this district by way of a
temporary Development Permit, having regard to the intent of subsection 6.17.4, above, and the staging
of servicing and general development of the subject land.
6.18.7.
In addition to the regulations listed above, all uses are subject to the applicable regulations, provisions
and requirements contained within the other sections of this Bylaw.
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6.19
NATURAL ENVIRONMENT DISTRICT (N-E)
6.19.1.
The purpose of this district is to conserve, preserve and restore natural areas, features and ecological
processes.
6.19.2.
The following uses shall be Permitted or Discretionary, as set out below
PERMITTED USES
DISCRETIONARY USES
A C C E S S O R Y U S E C L A S S
-
Accessory Building or Structure**
P U B L I C U S E C L A S S
-
Park
-
Public Utilities
-
Recreation, Outdoor
O T H E R U S E S
-
Agricultural Operations, Extensive
-
Agricultural Operations, Intensive*
-
Campground
* Uses indicated to be Discretionary Use level 2, which are at the discretion of the MPC
**If the Use is Permitted, the Accessory Building or Structure is Permitted. If the use is
Discretionary, the Accessory Building or Structure is Discretionary.
D I S C R E T I O N A R Y A S S E S S M E N T C R I T E R I A F O R N A T U R A L E N V I R O N M E N T D I S T R I C T ( N - E )
6.19.3.
The following Uses shall be Discretionary and shall be evaluated for their appropriateness based on, but
in no way limited to, the criteria indicated below. When carrying out the assessment, the Development
Authority will identify if the impact is greater than a permitted activity and if so, whether the impact can
be mitigated, remedied, or avoided. If it cannot, the application should be declined. Any Uses not
described in this Bylaw shall be considered Discretionary and may only be considered by the Town if
they are reasonably comparable to Uses that are described in the Bylaw and meet the intent of the
district and policies of the MDP. Such Uses will be subject to all assessment criteria, and may have
additional evaluation criteria applied, at the discretion of the Development Authority. The Development
Authority may request certain technical reports to accompany a Development Permit application to
assess the impacts, as referenced in Section 12.3. Refer to Schedule B for more information on the
assessment criteria.
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DISCRETIONARY USE
POSSIBLE ASSESSMENT CRITERIA
VISUAL APPEARANCE
TRAFFIC/ ACCESS
NOISE
ODOUR
LIGHT
DUST
VIBRATION
ENVIRONMENTAL
MUNICIPAL
INFRASTRUCTURE
FISCAL
CUMULATIVE
SAFETY
COMPATIBILITY WITH
ADJACENT LAND USES
Accessory Use Class
Accessory Building or
Structure
X
X
X
X
X
X
X
X
X
X
X
X
X
Public Use Class
Park
X
X
X
X
X
X
X
X
Public Utilities
X
X
X
X
X
X
X
X
X
X
Recreation, Outdoor
X
X
X
X
X
X
X
X
Other Uses
Agricultural Operations,
Extensive
X
X
X
X
X
X
X
X
X
Agricultural Operations,
Intensive
X
X
X
X
X
X
X
X
X
Campground
X
X
X
X
X
X
X
X
D E V E L O P M E N T R E G U L A T I O N S I N T H E N A T U R A L E N V I R O N M E N T D I S T R I C T ( N - E )
6.19.4.
All development regulations in the Natural Environment District (N-E) are at the discretion of the
Development Authority.
6.19.5.
All uses are subject to the applicable regulations, provisions and requirements contained within the
other sections of this Bylaw.
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6.20
DIRECT CONTROL DISTRICT (D-C)
6.20.1.
The purpose of this District is to provide Council with direct control over a specific site where unique
characteristics of the proposed development or land make it inappropriate to apply a standard District.
6.20.2.
This District enables Council to exercise decision-making authority for the development and subdivision
of land in areas of unique character or circumstance, consistent with Section 641(1) of the Act, where
uses or regulation under a conventional land use district is inappropriate.
6.20.3.
All Direct Control Districts approved by redistricting should be site-specific and adopted by separate
amending bylaws. These bylaws shall apply to one or more specific lots, described by legal description.
At the time of redistricting, Council shall establish permitted uses and site-specific development
regulations and shall delegate authority to the Development Officer to decide on development permit
and subdivision applications in accordance with the approved Direct Control District.
6.20.4.
Notwithstanding Section 6.20.3, Council retains authority to decide on development and subdivision
applications in accordance with Section 641(3) of the Act for parcels districted as the Direct Control
without associated uses or development regulations. The Development Officer shall refer any such
applications to Council for a decision.
6.20.5.
The Direct Control District shall only be applied to a site to regulate a specific development where
Council has determined a proposed development is appropriate for the site, having regard for the goals,
objectives, and policies of the Municipal Development Plan and other applicable statutory or non-
statutory plans and policies, and if:
a)
The proposed development would not meet the requirements of any existing District;
b)
The proposed development requires specific/comprehensive regulations to minimize land use
conflicts with neighbouring properties;
c)
The site or the proposed development has unique characteristics that require specific development
regulations; or
d)
The ongoing operation of the proposed development requires specific development regulations.
6.20.6.
Pursuant to Section 6.20.3, the applicant should provide a proposed Direct Control District prior to
commencing any Development on the subject site and which must contain the following:
a)
The legal description of the site to which the proposed District shall apply;
b)
Uses; and
c)
Site specific development regulations.
6.20.7.
Pursuant to Section 6.20.3, the applicant should submit a site plan that shall be appended to the Land
Use Bylaw amendment application that proposes the Direct Control District, and all development in the
District shall be in accordance with the submitted site plan. Building elevations may also be required.
The site plan is required to illustrate:
a)
The location on the site of specific uses, including any accessory uses and activities;
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b)
Details or elements necessary to better achieve land use compatibility, such as urban design and
architectural treatment of structures, increased separation spaces, landscaping, and the like; and
c)
Any staging of the development.
6.20.8.
Applicants must follow the Town's Direct Control Districts Guidelines, as amended from time to time, for
structure and format when drafting the proposed Direct Control District.
6.20.9.
All applicable regulations in the Land Use Bylaw shall apply to development in the Direct Control District
unless such regulations are specifically excluded or modified by the Direct Control District.
6.20.10. In addition to the requirements of Section 12.3, the applicant shall:
a)
Submit the proposed Direct Control District to the Development Officer;
b)
Submit a narrative explaining why the Direct Control District is warranted, having regard for the
criteria specified in the Town's Direct Control Districts Guidelines;
c)
Contact the affected parties, being each assessed owner of land wholly or partly located within 60.0
m of the site of the proposed development at least twenty-one (21) days prior to submission of a
land use bylaw amendment application;
d)
Outline to the affected parties, the details of the application and solicit their comments on the
application;
e)
Document any opinions or concerns, expressed by the affected parties, and what modifications
were made to address their concerns;
f)
Submit the documentation as part of the land use amendment application; and
g)
Comply with all requirement set out in the Act for the redistricting of a Parcel to a Direct Control
District
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PART III | OTHER LAND USE
REGULATIONS
GENERAL LAND USE
REGULATIONS
7.1
ACCESS TO PROPERTY AND APPROACHES
7.1.1.
Every application for development or subdivision shall have direct legal and physical access to a public
road or provincial highway to the satisfaction of the Development Authority or Subdivision Authority, or
Alberta Transportation and Economic Corridors. If a parcel does not have access to a public road or
provincial highway, the applicant shall develop a road to Town Standards to provide access within the
public road right of way.
7.1.2.
The Development Authority may determine the most suitable access and egress point(s) onto a public
road for any new access in consultation with Town Departments. If the access is off a provincial highway,
Alberta Transportation and Economic Corridors shall be consulted to determine the most suitable access
and egress point(s).
7.1.3.
As a condition of subdivision or development approval, the Subdivision Authority or Development
Authority may require the construction of new approaches, upgrading of existing approaches or removal
of approaches to achieve the desired long-term planning and transportation objectives of the Town.
7.1.4.
Easements as a form of access shall be discouraged by the Town. The Town should not approve the use
of easement agreements unless all other access options are determined to be unfeasible. As a condition
of subdivision or development approval, the Subdivision Authority or Development Authority shall
require the agreement be registered on title by the landowner.
7.2
ACCESSIBILITY
7.2.1.
The Development Authority shall review the site plan for any multi-unit residential development greater
than three (3) units, commercial development, or public development using the Barrier Free Design
Guide by the Safety Codes Council, as amended or replaced.
7.2.2.
The site of a multi-unit residential development greater than three (3) units, commercial development,
or public development should be consistent with the Barrier Free Design Guide by the Safety Codes
Council, as amended or replaced, unless varied by the Chief Building Administrator.
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Land Use Bylaw No. 2178
7.3
DRAINAGE
7.3.1.
All sites shall be graded to direct surface drainage to reserves, boulevards, ditches, or roads, in
accordance with the grade plan approved by the Town. Where drainage along property lines is provided
within or outside of easements (lots backing onto each other), the design grades shall be maintained
and drainage courses not obstructed.
7.3.2.
The building grade (garage entry/top of fill) shall be set at the minimum setback from front and side
property lines. Ground level shall slope down to the side property line from these points at a minimum
2%. The slope of ground along the property line to the design corner elevations shall be continuous,
without breaks or changes in slope.
7.3.3.
If it is not possible for an owner to meet the designed grades, or the owner chooses to deviate from the
design grading, it is the owner's responsibility to ensure the changes are made within their property,
subject to the approval of the Development Authority and without adversely affecting abutting
property. Retaining walls or special sloping are the responsibility of the party deviating from design
grade.
7.3.4.
All multiple dwelling unit developments, commercial, and industrial lots must be designed to release
storm water at pre-development rates unless pre-engineered at the subdivision stage.
7.4
DRIVE-THROUGH DEVELOPMENTS
7.4.1.
Notwithstanding that a use is listed as a permitted use in a district, any drive-through development shall
be discretionary and referred to the Municipal Planning Commission for decision.
7.4.2.
A business with a drive-through shall not be located on parcels which, in the opinion of the
Development Authority, would be considered unsafe in terms of vehicle circulation or access to/egress
from the parcel.
7.4.3.
The minimum front yard setback shall be 3.0 m for the drive-through portion of the development.
7.4.4.
The minimum side and rear yard setbacks shall be at the discretion of the Development Authority and
must be sufficient to make provision for queuing spaces, on-parcel traffic circulation, turning and
maneuvering for the drive-through portion of the development.
7.4.5.
Where a business with a drive-through is located adjacent to a Residential District, screening shall be
provided to the satisfaction of the Development Authority and should be between 1.5 m and 2.1 m in
height.
7.4.6.
All drive-through queuing spaces shall be a minimum of 6.5 m long and 3.0 m wide.
7.4.7.
For a drive-through with food services, a minimum of one (1) queuing lane with a minimum of five (5)
inbound queuing spaces and one (1) outbound queuing space must be provided for vehicles
approaching the service window.
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Land Use Bylaw No. 2178
7.4.8.
For a business with a drive-through without food services, one (1) queuing lane with a minimum of three
(3) stacking spaces and one (1) outbound queuing space must be provided for vehicles approaching the
service window.
7.4.9.
Notwithstanding the above, where the parking area is accessed by driving through the queuing spaces, a
further three (3) inbound queuing spaces are required.
7.4.10.
The on-parcel layout of vehicle circulation patterns shall be to the satisfaction of the Development
Authority.
7.4.11.
All parts of the parcel to which vehicles have access shall be hard surfaced.
7.4.12.
On-site waste bins shall be stored in weather-proof containers in a location easily accessible for pickup
and be screened to the satisfaction of the Development Authority.
7.4.13.
The Development Authority should require that signage types and locations be specified on the site plan
as required to ensure safe vehicle movement and delineate distinct parking stalls, such as but not
limited to persons with a disability parking, small car parking and staff parking.
7.5
DWELLING UNITS PER LOT
7.5.1.
No person in the Town shall construct or cause to be constructed more than one (1) dwelling unit per
lot, except:
a)
Dwelling, Apartment;
b)
Dwelling, Group Care;
c)
Dwelling, Row Housing/Townhouse;
d)
Dwelling, Semi-Detached;
e)
Dwelling, Triplex;
f)
Dwellings that are located within a manufactured home park;
g)
Supportive Housing; and
h)
A building as defined in the Condominium Property Act that is the subject of a condominium plan to
be registered in the Land Titles Office under the Act and has been approved by the Town.
7.5.2.
Notwithstanding 7.5.1, accessory dwelling units may be approved in districts where they are a listed
use, in numbers as provided for in each district.
7.6
EASEMENTS
7.6.1.
Subject to the conditions of a utility easement, no permanent structure other than a fence shall be
constructed or placed on a utility easement unless:
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Land Use Bylaw No. 2178
a) the structure does not restrict access to the utility easement for the purpose of installation and
maintenance of the utility; and
b) written consent has been obtained from the person for whose use the easement has been granted.
7.7
ENVIRONMENTALLY SIGNIFICANT AREAS
7.7.1.
An applicant for development in or near an area deemed to be environmentally significant by the
Development Authority may be required to submit an environmental impact assessment or biophysical
assessment as part of a land use bylaw amendment, subdivision or Development Permit application.
7.7.2.
When considering development involving land in or near an environmentally significant area, the
Development Authority may refer the application to federal and provincial departments and other
relevant environmental agencies for comments prior to reaching a decision. The Development Authority
may also consider municipal mapping that denotes environmentally significant areas within the Town.
7.7.3.
A Development Permit issued for a Permitted or Discretionary Use within an environmentally significant
area may include conditions for meeting specific environmental objectives determined by the
Development Authority. Such conditions may include, but are not limited to, restrictions on site clearing
and grading, additional setback requirements, retention of shelterbelts, fencing, siting and standards of
buildings, emission controls, and buffering requirements.
7.7.4.
Removal of natural vegetation and alterations to the natural drainage of lands within or adjacent to an
environmentally significant area may be permitted, at the discretion of the Development Authority.
7.8
HEIGHT AND GRADE
7.8.1.
On sloped grades, the building height will be calculated as the average between the high and low points
of the grade. Sum of height = X (being the highest point) + Y (being the lowest point) / 2 = height
average.
7.8.2.
Where a district regulation provides an alternative height limit, such as number of storeys, or a specific
height in metres, the more restrictive shall apply.
7.8.3.
Building height means the vertical distance between any grade-point, as defined in this Bylaw, and the
highest point of a building excluding a ventilating fan, skylight, steeple, chimney, smokestack, exterior
firewall, parapet wall, flagpole, antenna, or similar device not structurally essential to the building.
7.8.4.
Grade means the elevation of the existing ground in an undisturbed natural state, or an approved design
grade as described in a development grading plan approved by the Town.
7.8.5.
Grade-point means the point(s) on a site which are used to measure the maximum permitted building
height from grade. Where grade points have not been established as part of an approved
comprehensive grading plan, the location of grade points shall be determined by the Development
Authority.
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7.9
LANDSCAPING AND SCREENING
G E N E R A L P R O V I S I O N S
7.9.1.
Any portion of a site area not occupied by buildings, parking or storage areas shall be landscaped.
Landscaping may consist of hard landscaping or natural landscaping, or some combination of them.
7.9.2.
Where landscaping is required, the applicant shall provide landscaping details on the site plan or a
landscaping plan.
7.9.3.
The Development Authority may require a landscaping plan to be prepared by a licensed landscape
architect, technologist or an arborist as part of a development permit application for commercial, public
or industrial uses.
a)
The provision of site landscaping is a permanent obligation of a development permit and
landscaping must be installed and maintained to no less than the standard set by the approved
landscaping plan.
7.9.4.
All required landscaping and planting must be carried out to the satisfaction of the Development
Authority within one (1) year of building completion or occupancy, whichever occurs first.
7.9.5.
All planting shall be installed to the finished grade. Where this is not practical in the opinion of the
Development Authority, planters may be used. Such planters shall be of adequate design, having
sufficient soil capacity and insulation to promote healthy growth.
7.9.6.
Landscaping that extends onto municipal property shall be to the satisfaction of the Development
Authority.
S C R E E N I N G
7.9.7.
In commercial and industrial districts where the subject parcel is adjacent to a residential district,
landscaping or screening should be required sufficient to minimize the impact and provide a buffer
between uses. Special attention shall be given to proposals which are visible from public roads. The
construction and materials of the screen shall be of a quality to the satisfaction of the Development
Authority.
7.9.8.
Where a non-residential development abuts a residential district, screening in the form of perimeter
fencing, hedges, landscaped areas, or berms, with a minimum height of 1.9 m should be provided along
the common lot line to the satisfaction of the Development Authority.
7.9.9.
Outdoor storage area in industrial districts should be appropriately screened from public roadways using
a variety of techniques such as building orientation, landscape or architectural elements.
7.9.10.
Garbage should not be stored in direct public view and to preserve the visual appeal of the streetscape,
the Development Authority should require external storage enclosures to be constructed to screen
garbage storage areas from adjoining sites and public roadways.
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L A N D S C A P I N G D E T A I L S
7.9.11.
The landscaping details should include:
a) common names of trees and shrubs;
b) location of trees and shrubs;
c) number of trees and shrubs;
d) landscape details specifying the mixture of coniferous and deciduous trees and shrubs designed to
provide landscape enhancement for year-round effect;
e) landscaped areas not covered by seed/sod which may include, in combination with trees and
shrubs, the following:
i.
mulch beds consisting of landscaping fabric and mulch with a minimum depth of 5.0 cm;
ii.
"rip-rap" rock beds consisting of landscaping fabric and rock with a diameter of not less
than 10.0 cm;
iii.
"crushed rock" consisting of landscaping fabric and rock with a diameter of 2.5 cm or less;
iv.
paving stones or stamped asphalt or concrete for walkways or outdoor eating areas may be
considered for up to 50% of the required landscaped area; or
v.
raised planters constructed with concrete, concrete blocks or wood with a height of not
less than 0.6 m or flower boxes attached to the building/structure; and
7.9.12.
If a landscaped screening buffer is required abutting a residential use, the landscaped buffer:
a) shall be a minimum of 3.0 m in width;
b) shall include a mix of deciduous and coniferous trees with at least 60% of these trees being
coniferous;
c) shall include trees which are at least 6.0 m high at maturity; and
d) may include shrubs in addition to trees provided that the shrubs are at least 1.8 m high at maturity.
M I N I M U M L A N D S C A P I N G R E Q U I R E M E N T S
7.9.13.
A minimum of fifty percent (50%) of residential yards shall be landscaped. This requirement is reduced
to forty percent (40%) for an irregularly shaped lot. Seventy-five percent of the landscaped area must be
natural landscaping.
7.9.14.
Residential lots with a dwelling, single detached, dwelling, semi-detached, dwelling, triplex, or
dwelling, manufactured home shall have at least one (1) tree or two (2) shrubs located within the front
yard setback.
a)
Notwithstanding 7.9.14, where the site servicing to the dwelling(s) does not allow a minimum
distance of 3.0 m or greater from the service lines, this requirement may be waived by the
Development Authority.
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b)
Notwithstanding 7.9.14, this requirement may be waived by the Development Authority for a
development permit where the applicant owns the property and will occupy the dwelling upon
completion of construction.
This requirement does not apply to manufactured home parks.
7.9.15.
Minimum landscape requirements for dwelling, row housing/townhouse are:
a) one (1) tree for each 35.0 m² and one (1) shrub for each 15.0 m² of required setback area at grade;
b) the number of required trees may be reduced, up to 50%, by replacing each tree with two (2)
shrubs;
c) at least 25% of required trees shall be within the front setback area and these trees shall not be
replaced by shrubs;
d) any parking lot that has eight (8) or more parking stalls and is visible from an adjoining site, should
have planting around its perimeter, within the parcel.
7.9.16.
Minimum landscape requirements for multiple unit dwelling, apartment developments, commercial and
industrial developments are as follows:
a) one (1) tree for each 120.0 m² and one (1) shrub for each 30.0 m² of required setback at grade;
b) the number of required trees may be reduced, up to 50%, by replacing each tree with two (2)
shrubs;
c) at least 25% of required trees should be within the front setback and these trees shall not be
replaced by shrubs;
d) any parking lot that has twenty (20) or more parking stalls and is visible from an adjoining site,
should have planting around its perimeter, within the parcel.
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Minimum landscaping requirements for public developments shall be established at the discretion of the
Development Authority, having regard for the minimum landscaping requirements of commercial developments.
7.9.17.
Minimum tree size is 2.0 m in height, or 40 mm in diameter taken 15 cm from the ground.
7.9.18.
Minimum landscape requirements may be waived for change of use, change of intensity or an accessory
building or use class development permit.
S P E C I E S S E L E C T I O N S
7.9.19.
All tree and shrub plantings shall be hardy to the regional climate conditions and to the location on the
site where they are planted. The Canadian Landscape Standard of the Canadian Nursery Landscape
Association may be used as a reference for plant selection.
7.9.20.
Any area required to be landscaped may, at the discretion of the Development Authority, be left in its
natural state or be loamed and planted with grass, trees, shrubs or flowers, or similar materials or a
combination thereof, which enhance the appearance of the site.
7.9.21.
Existing vegetation should be preserved and protected unless removal is necessary or desirable to
efficiently accommodate the proposed development. Trees and shrubs preserved on the site should, at
the discretion of the Development Authority, be credited to the total landscaping requirements.
L A N D S C A P I N G S E C U R I T I E S
7.9.22.
Landscaping Plans prepared by a qualified professional should be accompanied by a quote indicating the
cost to implement the Landscaping Plan in Commercial, Industrial, and Public Districts.
7.9.23.
Landscaping securities shall be required in accordance with subsection 7.16.
7.9.24.
The release of a landscaping security should be dependent on plant material being alive, thriving, and
having been consistently maintained over the previous two (2) growing seasons.
7.9.25.
The amount of the Landscaping Securities should include the cost of the following, where applicable
based on the approved Landscape Plan:
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a)
Rough grading of the landscaped area;
b)
A minimum of 150.0 mm of topsoil and sod or seed;
c)
Trees, shrubs, and other landscape materials; and
d)
Concrete work separating landscaped areas and parking areas.
7.9.26.
Landscaping inspections shall be:
a)
Conducted only during the normal growing season, approximately May 15th through October 15th;
and
b)
Performed within thirty (30) days of receipt of the inspection request, subject to (a) above.
7.10
LANDS WITH SENSITIVE SLOPES AND SOIL CONDITIONS
7.10.1.
Where a parcel of land borders on or contains a coulee, ravine or valley, without a watercourse, the
minimum required setback of a building from the top of the physical bank of the coulee, ravine or valley
should be 7.5 m or three (3) times the depth of the coulee, ravine or valley as determined by a
registered surveyor, whichever is the greater distance, unless the Town is satisfied through the
submission of a detailed geotechnical engineering study from a professional engineer that a lesser
setback is appropriate.
7.10.2.
Development should not be allowed on unstable slopes or land characterized by soil instability unless it
can be demonstrated to the satisfaction of the Town by a professional engineer that the development is
safe for construction.
7.10.3.
The Development Authority should increase any minimum yard or setback requirement for lands within
close proximity to unstable or steep slopes based on the outcomes of a geotechnical report.
7.10.4.
A minimum setback of 30.0 m should be provided for all buildings from the top of the physical bank,
determined by a registered surveyor, of any watercourse, or from the top of the ravine or other
topographical feature in which a watercourse is located, or from any water body unless the Town is
satisfied, through the submission of a detailed geotechnical engineering study from a professional
engineer, that a lesser setback is warranted. This requirement shall not apply to fences which may be
allowed within this area.
7.10.5.
Land within the setback areas defined in subsection 7.10.1 and subsection 7.10.4 above shall be kept in
its natural state. Existing vegetation or tree removal shall not be permitted unless the Town is satisfied,
through the submission of a detailed geotechnical engineering study from a professional engineer, that
the removal of the vegetation or trees will not have an adverse effect on the integrity of the slope. As
permitted by Section 651.1 of the Act, a restrictive covenant should be required to be registered against
the certificate of title for the subject property to prevent future removal or damage of the vegetation.
7.10.6.
The Town may increase any minimum yard or setback requirement, where any permitted or
Discretionary Use or accessory development may be detrimental to the preservation of shoreland.
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7.10.7.
The following accessory developments are prohibited on steep slopes or unstable soils unless a detailed
geotechnical engineering study from a professional engineer supports the proposed development:
a)
swimming pool,
b)
automated underground lawn sprinkler system,
c)
ornamental pool,
d)
water retention facilities, and
e)
other similar developments.
7.11
LIGHTING
7.11.1.
The Development Authority may require that the site plan show the placement and type of proposed
lighting as part of a development permit application for multiple dwelling unit developments,
commercial, public or industrial uses.
7.11.2.
A lighting plan should depict where lights are located, their height and the extent of their casting at two
(2) LUX.
7.11.3.
All outdoor lighting for any development shall be located and arranged so that no direct rays of light:
a) are directed at adjoining parcels;
b) interfere with the use and enjoyment of neighbouring parcels;
c) are directed upward; and
d) interfere with the effectiveness of any traffic control devices or the vision and safety of motorists.
7.11.4.
For commercial and industrial developments lighting practices and systems should minimize light
pollution, glare and light trespass onto adjacent parcels, while maintaining night-time, onsite safety and
security and allow for product display during evening operating hours to ensure that light fixtures
maximize security while minimizing the nuisance effect on adjacent parcel owners.
7.12
MODULAR BUILDINGS
7.12.1.
Regulations within this section do not apply to the development of a dwelling, manufactured home.
7.12.2.
Notwithstanding subsection 7.17.1, where ause is listed as a Permitted Use within the district, except for
farm buildings, any development with a modular building is discretionary under the authority of the
Municipal Planning Commission.
7.12.3.
A modular building shall be attached to a permanent foundation.
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7.13
MULTIPLE LAND USES ON A SITE
7.13.1.
Subject to the other regulations of this Bylaw, the uses enabled within a district, and the density
limitations of the districts, multiple uses may be developed on a single site.
7.14
PUBLIC LANDS AND TOWN BOULEVARDS
7.14.1.
Notwithstanding subsection 7.9.7, the owner of a lot shall develop the boulevard abutting the lot by
excavating, backfilling, leveling or consolidating to final grade, and seed or perform other works that
may be necessary to develop a turf boulevard, with all work entirely at the owner's expense.
7.15
RELOCATION OF BUILDINGS
7.15.1.
Regulations within this subsection do not apply to the development of a dwelling unit, dwelling,
manufactured home or a modular building.
7.15.2.
Notwithstanding subsection 7.15.1, where a use is be listed as a Permitted Use within the district, with
the exception of farm buildings, any development with a relocated building is discretionary.
7.15.3.
Where a development permit issued for the relocation of an existing building on the same site or from
another site, the Development Officer may require that the applicant provide as part of the
development permit application:
a)
a colour photograph of the building, accurately depicting the building and its general condition;
b)
a statement of any proposed improvements to the building, including a description of the colour,
texture or finish applied to exterior surfaces, and a description of proposed landscaped areas;
c)
a statement of the present location of the building;
d)
a notification of the relocation route;
e)
a statement or drawings of the proposed foundation;
f)
a complete site plan showing all buildings located or to be located on the site; and
g)
any other information deemed necessary by the Development Officer.
7.15.4.
All development permits for moved-in buildings shall be reviewed by the Municipal Planning
Commission, based on the following criteria:
a) age of the building to be moved;
b) age of the surrounding buildings;
c) building condition/building materials;
d) the compatibility of the proposed building to the neighbourhood and adjacent properties;
e) the proposed location with the Town;
f)
aesthetics of the neighbourhood;
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g) the compatibility of the building with the proposed future development of the area; and
h) any other planning considerations as deemed relevant by the Development Authorities.
7.15.5.
Where a development permit issued for the relocation of an existing building on the same site or from
another site, the Development Authority may require as a condition of the permit that the applicant
provide:
a) a security of such amount to ensure completion of any renovations set out as a condition of
approval of a development permit; and
b) an engineer's certificate to confirm that the building is structurally sound.
7.15.6.
Any exterior renovations shall be completed within one (1) year of the issuance of a development
permit.
7.15.7.
Relocated buildings should be compatible in form and character with the predominant form and
character of the structures and developments in the area which the building is moved to.
7.15.8.
Any renovations or improvements required to ensure that the relocated Building or Structure complies
with this Bylaw shall be listed as conditions of the Development Permit.
7.15.9.
In addition to the standard development permit Notice of Decision process, for a relocated building
development approval, all owners within a distance as determined to be appropriate by the Municipal
Planning Commission on a case-by-case basis shall be notified of the decision in writing.
7.15.10. In determining the distance for owner notification, the Municipal Planning Commission shall consider:
a) the number of buildings proposed to be moved into the area;
b) the topography of the area;
c) the transportation routes to and through the area;
d) the stage of development of the neighbourhood (new versus established neighbourhoods);
e) the number of existing houses in the neighbourhood; and
f)
the potential impact of the particular building being moved.
7.16
SECURITIES FOR ON-SITE IMPROVEMENTS
7.16.1.
The Town may require the applicant to provide security in the form of an Irrevocable Letter of Credit or
bank draft, certified cheque from a recognized Canadian financial institution, or alternate form of
security deemed acceptable by the Development Authority, to ensure completion of work in association
with the conditions of a Development Permit, a development agreement, or any other case where the
Development Authority deems security is required to ensure the work is carried out in a timely manner
and to the satisfaction of the Development Authority. Where security is required in connection with
conditions of a Development Permit or a development agreement:
a)
The security shall be of a value equivalent to one hundred percent (100%) of the cost of the
applicable landscaping, site grading, paving, onsite and offsite infrastructure necessary for
development.
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b)
The applicant must provide a quote from a contractor constructing the works or a registered
professional who prepared the construction plans, which is subject to review and verification by the
Development Authority, and quoted costs shall be valid for the required work.
c)
The security may be used by the Town to undertake completion of any work not completed within
one (1) year of the date of building completion or building occupancy, whichever comes first, or
such other time as provided for in a development agreement.
d)
The applicant may provide a written request to reduce the amount of security for onsite or offsite
infrastructure based on a revised cost estimate of the remaining works to be completed and any
remaining deficiencies. The security may be reduced to ten percent (10%) at the discretion of the
Development Authority.
e)
The security shall be released to the applicant, upon written request, once an inspection of the site
demonstrates to the satisfaction of the Development Authority that all works in the agreement
have been completed. The inspection shall take place within two (2) weeks of the date of the
written request.
f)
The terms and conditions pertaining to security may be modified by a development agreement.
7.16.2.
The Town may register a caveat under the Land Titles Act in respect of a development agreement
against the certificate of title for the land that is the subject of the development.
7.16.3.
Where the Town registers a caveat with respect to a development agreement, the Town will discharge
the caveat when the agreement has been complied with.
7.16.4.
Notwithstanding subsections 7.16.1 - 7.16.3, refer to subsection 8.19 'Stripping, Filling, Excavation and
Grading' and subsection 7.9 'Landscaping' for specific requirements related specifically to landscaping.
7.17
SERVICING REQUIREMENTS
7.17.1.
When, in the opinion of the Development Authority, satisfactory arrangements have not been made by
a developer for the supply of water, electrical power, sewage, and street access or a combination here
of, including payment of the costs of installation or construction, the Development Officer shall refuse to
issue a development permit.
7.18
SETBACK REQUIREMENTS
7.18.1.
Where more than one (1) minimum setback distance is applicable under this Bylaw, the greater distance
shall prevail.
7.18.2.
Development should occur in a manner so that there is no infringement onto road or pedestrian
networks. It will also be located such that it does not impede visibility or safety on municipal roads.
7.18.3.
Notwithstanding side yard setback requirements in each district, the side yard setbacks will not apply to
the common wall side of a dwelling, semi-detached or a dwelling, row housing/townhouse, where the
development has a common wall on a lot line.
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7.19
SITE ENTRANCES AND EXITS
7.19.1.
Curb cuts shall be set back a minimum distance of 6.1 m from the intersection on corner lots.
7.19.2.
Notwithstanding subsection 7.19.1, the setback distance for curb cuts may be increased where, in the
opinion of the Development Officer, such increase is necessary for reasons of public safety and
convenience.
7.19.3.
The minimum distance between curb cuts shall not be less than 6.1 m from each other, measured at the
property line. The Development Authority may increase the minimum distance in any case where,
because of width of adjacent sidewalks or boulevards or traffic conditions, such increase is necessary for
reasons of public safety and convenience.
7.19.4.
The maximum width of driveways measured at the property line is as follows, unless specific district
regulations elsewhere in this Bylaw allow for a different width:
a)
Residential Front and Side Yard: 7.5 m
b)
Residential Rear Yard: Full Parcel
c)
Commercial, Industrial and Public: 10.7 m
7.19.5.
The width of the curb cut shall be a maximum of 7.5 m for residential driveways in the front and side
yard and 10.7 m for commercial, industrial or public accesses, measured from the beginning of the curve
and from the face of the curb.
7.19.6.
Where a proposed development alters the site access of a previously developed site, as a condition of
the development permit, the existing access shall be removed and the curb, boulevard and sidewalk
shall be reconstructed consistent with the General Municipal Servicing Standards or the existing
surrounding infrastructure, at the discretion of the Development Authority.
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7.20
SITE, CORNER
7.20.1.
On any corner site, the finished grade shall not exceed the general elevation of the street line by more
than 0.6 m within the sight triangle unless, in the opinion of the Development Authority it would not
interfere with traffic safety.
7.20.2.
Notwithstanding any other provision contained in this Bylaw, no person shall place or maintain any
object, structure, fence, hedge, shrub or tree in or on that part of a sight triangle, if such objects or
structures, in the opinion of the Development Authority, interfere with traffic safety.
7.20.3.
Notwithstanding subsections 7.20.1 and 7.20.2, these requirements may be varied for a commercial
building in the Commercial 1 District (C-1) and the Commercial-Residential District (C-R).
7.21
SOIL REMEDIATION
7.21.1.
Soil remediation may be required as a condition of subdivision or development approval on parcels
where an environmental site assessment (ESA) has established the presence of site contamination.
7.21.2.
Remediation, may include, but is not limited to, physical removal of contaminated groundwater or soil,
natural attenuation, source removal, degradation by micro-organisms or neutralization with chemicals
that react with the contaminants to form benign substances.
7.22
SOLID WASTE MANAGEMENT
7.22.1.
On a multiunit residential, commercial, industrial or public site the site plan should provide for solid
waste management.
7.23
SUBDIVISION, BARE LAND CONDOMINIUMS
7.23.1.
Bare land condominiums may be approved where the proposed development fully complies with the
regulations of the district, pursuant to the regulations in this section.
7.23.2.
Development of land within a bare land condominium shall be considered the same as the development
of land within a fee simple subdivision, with each condominium unit treated as an individual lot.
7.23.3.
Improvements that are required to service bare land condominium development should be in
accordance with Town standards.
7.23.4.
A bare land condominium project shall ensure that each proposed condominium unit is accessed by a
public roadway, a parking area, condominium common property, or a unit characterizing condominium
common property.
7.23.5.
The Condominium Board or unit owner in a condominium development shall be responsible for ensuring
all conditions of the approved Development Permit are completed to the satisfaction of the Town and
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remain unaltered. This Bylaw takes precedence over all condominium bylaws or architectural controls.
The Town has no legal ability to enforce condominium association bylaws.
7.24
SUBDIVISION, BUILDABLE AREA FOR PARCELS
7.24.1.
All proposed subdivisions must include a suitable buildable area, which is the minimum area required for
a building site, subject to the following:
a) the buildable area is not subject to the development restrictions such as those created by sour gas
or other natural resource extraction industry, flooding, hazardous lands, landfills, transfer stations,
sewage lagoons or other restrictions as indicated by the Act;
b) the buildable area contains a water table and soil suitable for the construction of a building site and
the proposed wastewater disposal system;
c) the buildable area does not exceed 15% in slope unless a report has been submitted to the
satisfaction of the Town, prepared by a qualified professional which indicates that the developable
area is suitable for construction;
d) the buildable area is sufficient to accommodate all buildings within the applicable setback
requirements for the land use district;
e) the buildable area is considered developable by the Subdivision Authority; and
f)
Notwithstanding that minimum setback requirements for the land use districts do not apply to well
locations and septic systems, the minimum size of the buildable area must meet the above criteria
and shall also allow for:
i.
the required setbacks from the well to all lot lines; and
ii.
separation distances for septic tanks and fields and package sewage treatment plants, to
both lot lines, water sources, and buildings in accordance with the provincial standard such
as those currently required in the Alberta Private Sewage Systems Standard of Practice.
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SPECIFIC LAND USE
REGULATIONS
8.1
ACCESSORY BUILDING OR STRUCTURE
8.1.1.
An attached garage is part of the principal building and is not an accessory building.
8.1.2.
Accessory buildings and structures shall be a Permitted Use when accessory to a Permitted Use, and a
Discretionary Use when accessory to a Discretionary Use.
8.1.3.
An accessory building shall not be used as a dwelling unit, except as accessory dwelling units, as defined
and allowed for in this Bylaw.
8.1.4.
No side yard is required for any accessory building where a mutual wall is erected on a common
property line and is constructed of brick, stone or equivalent fire-resistant material; there will be no
overhang of eaves; and all drainage is confined to the site. A party wall agreement satisfactory to the
Development Officer must be signed by both owners and registered against both parcels at the Land
Titles Office.
8.1.5.
The total combined area of all accessory buildings shall not exceed 20% of the site area.
8.1.6.
An accessory building shall not exceed 4.6 m in height unless a garage suite exists above the garage.
8.1.7.
On a residential lot, no accessory building shall be located in the front yard or exterior side yard of the
principal building.
8.1.8.
In districts other than a Residential District, an accessory building may be located in the front yard or
exterior side yard of a principal building provided that the Development Authority determines that such
a placement is compatible with the aesthetic character of the neighbourhood and does not impede the
function of the site. All accessory buildings proposed to be located within the front yard shall be a
Discretionary Use.
8.1.9.
An accessory building shall not be developed prior to and without a principal building or use.
8.1.10.
An accessory building or structure cannot be located on or over an easement or utility right-of-way
unless a written encroachment agreement is signed and registered on title.
8.1.11.
An accessory building must be standalone and cannot be attached or connected to any other building.
8.1.12.
All accessory buildings must meet Alberta Building Code, Fire Code & Standards and Safety Code
regulations where applicable.
8.1.13.
Where a lane flanks the side of a site, no accessory building or structure shall be located closer than1.5
m from the side lot line and 3.1 m from the rear lot line.
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D E C K S
8.1.14.
The following applies to all decks:
a)
in a laneless subdivision, a deck cannot extend into the side yard that provides access to the rear
yard unless the deck's design maintains access to the rear yard, unless the house has an attached
garage, and all services come from the front property line;
b)
the setbacks shall be measured from the outermost edges of the surface of the deck;
c)
decks may encroach up to 1.5 m into a required front yard setback provided that the deck shall
remain uncovered and unenclosed by walls, lattice or other similar material;
d)
decks that are covered or enclosed shall be considered an addition to the principal building and are
required to meet the district requirements for the principal building, and are included in the site
coverage calculation;
e)
decks attached to a semi-detached dwelling or a rowhouse may extend up to the common lot line
between units if the deck is provided with a privacy wall. The privacy wall must extend the full
depth of the deck and be a minimum of 2.0 m high as measured from the surface of the deck to the
top of the privacy wall; and
f)
at the discretion of the Development Authority, a deck may encroach onto any required yard where
the deck is designed to accommodate access to a dwelling unit for a person with a mobility
disability.
8.1.15.
The following applies to all Low-Level Decks:
a)
low-level decks may be built within 15.0 cm of the side lot line and up to the rear lot line.
8.1.16.
The following applies to all Raised Decks:
a)
raised decks on corner lots shall not encroach into the sight triangle area; and
b)
Raised Decks that are uncovered and unenclosed shall be setback 1.2 m from the side lot line and
4.6 m from the rear lot line.
G A T E S , F E N C E S A N D W A L L S ( N O T I N C L U D I N G R E T A I N I N G W A L L S )
8.1.17.
A development permit application is required for the following fences, gates and walls:
a)
in Industrial Districts, fences, gates and walls that are greater than or equal to 1.9 m; and
b)
in all other districts fences, gates and walls that are greater than 1.0 m in height in front yards or in
side yards abutting a highway or road, and greater than or equal to 1.9 m in rear yards or in other
side yards.
8.1.18.
Where a development permit is required for a fence, gate or wall, the decision is a discretionary decision
of the Development Officer and may be refused if the design or type of fence is inconsistent with the
character of neighbourhood or may reduce the natural surveillance of the neighbourhood.
8.1.19.
Applications for fences greater than 1.0 m in the front yard must specify the type and material of the
fence.
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8.1.20.
Chain link fences greater than 1.3 m may not be located in the front yard of Residential Districts or
Commercial Districts.
8.1.21.
Where a fence is constructed on top of a berm, or retaining wall, the height shall be calculated from
grade to the highest part of the fence with the height of the berm, or retaining wall included in the
height calculation.
G A R A G E S
8.1.22.
Notwithstanding subsection 8.1.14, where a garage is located within an exterior yard on a residential lot,
it shall not be closer than 6.1 m from the lot line.
S T O R A G E C O N T A I N E R S
8.1.23.
When a storage container, also referred to as a shipping container, is used as an accessory building it is
subject to the following additional regulations:
a)
A storage container shall not be located on a lot where there is no principal use.
b)
Storage containers are not permitted on a residential lot except as allowed in 8.1.23(g) below.
c)
The maximum number of shipping containers that may be placed on a commercial, public use,
industrial or future development lot is at the discretion of the Development Authority.
Notwithstanding the above, the maximum number of storage containers should not exceed one (1)
in the Primary Commercial (C-1) District, in the Riverfront Development (R-D) District, or in the
Commercial-Residential (C-R) District.
d)
Storage containers shall not be stacked, except as part of a storage area in an industrial district
where storage containers may be stacked up to 24.0 m high.
e)
Storage containers shall not be placed in the front yard of a lot and should not be placed between
the principal building and the street.
f)
Storage containers must be rust-free, well-maintained, and in good condition or must be
adequately buffered to the satisfaction of the Development Authority.
g)
A maximum of one (1) storage container may be allowed for a temporary period not exceeding
twelve (12) months during the construction of the principal dwelling on a lot.
h)
The exterior finish of a storage container sited within a commercial district must be consistent with
or complimentary to the finish of the principal building.
i)
As a condition of a development permit, the Development Authority:
i.
shall prohibit the storage of dangerous goods unless a fire safety plan for the storage
container is approved through the building permit process, pursuant to the National Fire
Code - Alberta Edition;
ii.
may require that a storage container be given a fresh coat of paint; and
iii.
should prohibit the stacking of storage containers.
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8.2
ACCESSORY DWELLING UNITS
A C C E S S O R Y D W E L L I N G U N I T S
8.2.1.
The following regulations apply to all accessory dwelling units:
a) Accessory dwelling units are only permitted on lots containing a dwelling, single detached,
dwelling, or dwelling, semi-detached.
b) As permitted by Section 651.1 of the Act, a restrictive covenant should be required to be registered
against the certificate of title for the subject property to ensure that the accessory dwelling units
shall not be subject to separation from the principal dwelling through condominium conversion or
subdivision.
c) A maximum of one (1) garden suite or garage suite per principal dwelling may be allowed.
d) A maximum of one (1) secondary suite per principal dwelling unit may be allowed.
e) Parking will not be accommodated on the street and shall not be at the expense of the natural
landscaping requirement of this Bylaw. Parking may be allowed in tandem, provided that the
parking for the principal residence does not block the parking for the accessory dwelling unit and
vice versa.
f)
An additional driveway may be allowed where a property has access from the front street and a
rear lane, or where a parcel is double fronting or has a frontage width in excess of 20.0 m, subject
to traffic safety considerations.
g) Accessory dwelling units must have an amenity space that is a minimum area of 7.6 m2 with no
dimension less than 1.5 m. A private amenity space may be provided in the form of a balcony, deck,
patio or dedicated yard space.
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A C C E S S O R Y D W E L L I N G U N I T , G A R D E N S U I T E A N D G A R A G E S U I T E
8.2.2.
Consistent with subsection 8.1.5, the total combined area of all accessory buildings, including accessory
dwelling units, shall not exceed 20% of the site area.
8.2.3.
The minimum side yard setback shall be the same as for the principal dwelling.
8.2.4.
The minimum distance between a detached garage containing a garage suite or a garden suite, and the
principal Dwelling on the same Site, shall be 4.0 m.
8.2.5.
Windows within the garage suite or the garden suite shall be placed and sized such that they minimize
overlook into yards and windows of abutting properties, through one or more of the following:
a)
off-setting window placement to limit direct views of abutting rear or side yard amenity areas, or
direct view into a garage suite or garden suite window on an abutting Site;
b)
strategic placement of windows in conjunction with landscaping or the placement of other
accessory buildings; and
c)
placing larger windows such as living room windows, to face a lane, a flanking street, or the larger
of any side yard abutting another parcel.
8.2.6.
When considering a Development Permit application for a garage suite or a garden suite, the
Development Authority may exercise discretion having regard for:
a) any policies for garage suites or garden suites contained in a statutory plan for the area;
a) compatibility of the suite with the siting, grade elevations, height, roof slopes and building types
and materials characteristic of surrounding residential development;
b) the effects on the privacy of adjacent properties; and
c) the cumulative impact of the application with other existing or approved accessory dwelling units
within the neighbourhood.
8.2.7.
Balconies off of an above grade Garage Suite must face the lane or a flanking roadway.
D W E L L I N G U N I T , S E C O N D A R Y S U I T E
8.2.8.
A secondary suite shall be developed in such a manner that the exterior of the principal building
containing the secondary suite shall appear as a single dwelling.
8.3
BED AND BREAKFAST
8.3.1.
The maximum onsite size of a sign advertising a bed and breakfast location shall be 0.3 m2.
8.3.2.
One onsite parking stall is required for each bed and breakfast unit.
8.3.3.
Where the bed and breakfast utilizes the entirety of the residential dwelling, with no permanent
resident, a development permit shall be issued for no more than three (3) years. To continue operations,
the developer must reapply for a new development permit. Subsequent development permit
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applications for the same property by the same applicant for a bed and breakfast operation shall not be
required to pay an application fee.
8.4
BREWERY, WINERY OR DISTILLERY
8.4.1.
The development must have licence from the Alberta Gaming Liquor Commission.
8.4.2.
In the Commercial 1 District (C-1), Commercial 2 District (C-2), Commercial Neighbourhood District (C-N)
and Commercial Residential District (C-R):
a) a brewery, winery or distillery must include a store front for the sale of the product to the general
public; and
b) a brewery, winery or distillery may be developed in conjunction with a related use. The related or
accessory use must be applied for separately. The Development Authority may approve or refuse
any or all accessory or related uses.
8.4.3.
Uses related to a brewery, winery or distillery may include but are not limited to a retail store, an eating
or drinking establishment, or a liquor store, provided the use(s) is listed in the relevant district and the
proposal meets the regulations for that use.
8.4.4.
In the Industrial 1 District (M-1):
a) the brewery, winery or distillery may include a store front for the sale of the product to the general
public; and
b) the brewery, winery or distillery shall not be developed in conjunction with another accessory or
related use that will result in traffic from general public, such as but not limited to a retail, store, an
establishment, restaurant, an establishment, bars and pubs, or a retail, cannabis or liquor store.
8.4.5.
In the Future Development District (F-D):
a) the brewery, winery or distillery shall be accessory to the agricultural operations, extensive use of
the parcel;
b) the brewery, winery or distillery may include a store front for the sale of the product to the general
public;
c) the brewery, winery or distillery may be developed in conjunction with a related use. The related
or accessory use must be applied for separately. The Development Authority may approve or refuse
any or all accessory or related uses; and
d) the Development Authority may consider an eating or drinking establishment, a liquor store, or a
retail store as part of an application for a brewery, winery or distillery, despite these uses not being
listed as a use within the Future Development District (F-D), provided the total square metre of the
unlisted, accessory uses is limited to no more than 100.0 m² to ensure these uses remain accessory
to the principal use.
8.4.6.
A Development Permit application for a brewery, winery or distillery must include the following
information:
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a) a description of the manufacturing process, including inputs, outputs and by-products (such as heat,
noise, or smell) of the process;
b) a site plan showing the portion of the development site dedicated to the manufacture and
packaging of the product, and the portion of the development dedicated to the store front;
c) the proposed water source;
d) the proposed wastewater plan; and
e) the estimated quality and quantity of wastewater effluent (m3/day and m3/year).
8.4.7.
A Development Permit application for a brewery, winery or distillery may be required to include the
following information:
a) if the development proposes to tie into the municipal water system, a written analysis by a
professional engineer, identifying whether the Town's water system has the capacity to supply the
development, having regard to the maximum daily demand and fire-flow capacity and requirements
of the water system;
b) where the Development Authority determines that the pre-treatment effluent significantly exceeds
acceptable toxicity limits for the Town's infrastructure, a pre-treatment plan, to the satisfaction of
the Development Authority; or
c) a noise, odour, traffic, or any other impact assessment deemed to be necessary. Any assessment
should identify the mitigative measures which may be undertaken to reduce impact on
neighbouring parcels.
8.4.8.
The Development Authority may set conditions through the development permit to mitigate any
impacts or set appropriate standards for the brewery, winery or distillery.
8.5
CANNABIS CULTIVATION, PROCESSING AND DISTRIBUTION FACILITY
8.5.1.
The owner or applicant must provide as a condition of development a copy of the current license for all
activities associated with the cannabis cultivation, processing and distribution facility as issued by the
federal government.
8.5.2.
The owner or applicant of a cannabis cultivation, processing and distribution facility must obtain any
other approval, permit, authorization, consent or license that may be required to ensure compliance
with applicable federal, provincial or other municipal legislation.
8.5.3.
The cannabis cultivation, processing and distribution facility must be operated in a manner where all
the processes and functions are fully enclosed within a stand-alone building including all loading stalls
and docks, and garbage containers and waste material.
8.5.4.
The cannabis cultivation, processing and distribution facility shall not include an outdoor area for
storage of goods, materials or supplies.
8.5.5.
The cannabis cultivation, processing and distribution facility shall not operate in conjunction with
another use.
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8.5.6.
The cannabis cultivation, processing and distribution facility 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.
8.5.7.
The Development Officer may require, as a condition of a development permit for a cannabis
cultivation, processing and distribution facility, a waste management plan, completed by a qualified
professional, which includes but is not limited to, details on:
a) the incineration of waste products and airborne emissions, including smell;
b) the quantity and characteristics of liquid and waste material discharged by the facility; and
c) the method and location of collection and disposal of liquid and waste material discharged by the
facility.
8.5.8.
The Development Authority shall impose a condition on any development permit issued for cannabis
cultivation, processing and distribution facility that the development shall not commence until
authorized by, and compliant with, any superior legislation including any provincial and federal statutes.
8.6
CHILDCARE FACILITY
8.6.1.
All childcare facilities must be licensed by the appropriate provincial agency and meet the requirements
of the local health authority and Peace River Fire Department, as a condition of a development permit
approval.
8.6.2.
On-site outdoor play spaces for childcare facilities must comply with the following:
a)
play spaces must be designed, located, landscaped, and screened to enhance safety and mitigate a
nuisance from other on-site uses, waste collection areas, parking lots, outdoor storage areas,
queuing spaces, loading spaces, rail lines, Streets, Alleys, mechanical equipment and exhaust
systems;
b)
play spaces must be located a minimum of 2.0 m away from mechanical equipment and exhaust
systems;
c)
play spaces at ground level must be fenced on all sides and all gates must be self-latching; and
d)
play spaces above ground level must have secure perimeter railings or walls with a minimum Height
of 1.8 m.
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8.7
COMMUNICATION TOWER
8.7.1.
Under the Radiocommunication Act, Innovation, Science and Economic Development Canada (ISED) has
sole authority to approve and license the location of a communication towers.
8.7.2.
A letter of concurrence from the Town of Peace River shall include the following conditions:
a)
that prior to the construction of a communication tower, the applicant must submit to the Town
stamped drawings showing that the structure and foundation have been designed by a professional
engineer registered in Alberta,
b)
that prior to the construction of a communication tower, the applicant must submit to the Town
proof that approval and license has been obtained from the Federal Government,
c)
that the concurrence is valid for no more than three years, and
d)
Any other conditions deemed necessary by the Development Authority.
8.7.3.
All communication tower facilities shall comply with federal legislations or regulations of federal and
provincial agencies responsible for Health, Environment and Transportation Safety.
8.7.4.
The Development Officer shall receive applications for the siting of communication towers.
8.7.5.
The Development Officer is the Development Authority for decisions related to communication towers
and has the authority to issue a statement of concurrence or non-concurrence as per the intent of this
Bylaw with regards to siting and land use compatibility based on the following criteria:
a)
Siting of Communication Towers:
i.
Explore opportunities to co-locate on an existing structure, modify or replace a structure if
necessary;
ii.
Locate, analyze, and attempt to use any feasible infrastructure such as rooftops, water
towers, utility poles or light standards.
iii.
The siting of new communication towers is should only be considered if co-location is
determined to be unfeasible.
iv.
New facilities should be built to a standard to accommodate multiple devices.
v.
Aircraft lighting on communication towers shall not illuminate downwards and impacts
residential communities.
vi.
Consider whether or not the communication tower unduly interferes with the amenities of
the areas which may include but shall not be limited to the natural environment;
residential communities; and recreational opportunities.
b)
Public consultation
i.
A pre-consultation meeting with the Development Authority is required before the
application to site the communication tower is received to identify preliminary issues of
concern and requirements for public consultation. The Town will determine if the public
consultation is necessary for the proposed facility with regard to the following:
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a. Public consultation is required for all communication towers that is proposed in
or in close proximity to a residential area to provide an opportunity to address
concerns and feedback from local communities regardless of height.
b. The Town will request public consultation for all communication towers greater
than 15.0 m in height for all adjacent landowners or dwellings or both within a
distance of three (3) times the tower height.
c.
The Town may request a public consultation for facilities proposed to be located
on top of buildings that would exceed 25% of the height of building.
d. The telecommunication service provider is responsible for all the costs associated
with organizing public notification, public consultation and any other public
meetings.
e. Pre-consultation, public notification and public consultation processes should be
in accordance with the procedures established by the Industry of Canada.
f.
The Town will request referrals to adjacent municipalities for all communication
towers proposed within the Plan Areas defined by the lntermunicipal
Development Plans of the Town pursuant to Section 631 of the Act, as amended
or replaced.
g.
The Town should request broader community-wide consultation for
communication towers proposed to be located in prominent or picturesque
locations.
8.7.6.
Exemptions from public consultation within the Town are limited to situations where:
a)
the communication tower is not greater than 15.0 m above ground except where required by the
Development Officer;
b)
there are addition or modifications to existing tower. The Development Officer shall have the
discretion to make exemptions based on a site-by-site basis;
c)
there is maintenance of existing facilities;
d)
there is the installation of temporary facilities that is used for special events or in an event of
emergency.
8.7.7.
The applicant shall prioritize the siting of communication towers in the following areas:
a)
Industrial Districts; and
b)
If located on rooftops or as side-mounted antenna on buildings greater than 12.0 m in height.
8.7.8.
The Town discourages communication towers from being sited in the following locations:
a)
Natural Environment District (N-E);
b)
Environmentally Sensitive areas and any associated buffers;
c)
Historical Significance Overlay areas;
d)
Top of bank; and
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e)
Riparian areas.
8.7.9.
If a communication tower is proposed within these areas, the Town may request that an environmental
assessment or geo-technical assessment report be completed.
A P P L I C A T I O N S U B M I S S I O N R E Q U I R E M E N T S
8.7.10.
In addition to those application requirements found in Section 12, applications for communication
towers shall be required to submit the following to the Development Authority:
a)
Report indicating the proposed site, and investigation of co-location opportunities;
b)
Specifications of the proposed facility and ancillary buildings or shelters;
c)
Site Plan;
d)
Map showing the boundaries of the proposed site and all properties located within the prescribed
distance;
e)
Letter from the owners where the communication tower is proposed to be sited that authorizes
their interest and collaboration;
f)
Proof that shows how the proposed facility meets Health, Environment and Transportation safety
protocols; and
g)
Any other documentation that was identified by the Town during the initial meeting.
8.8
DWELLING, APARTMENT
8.8.1.
Any apartment development shall satisfy the Development Officer as to:
a)
provision of garbage storage;
b)
access for firefighting purposes;
c)
light glare between buildings;
d)
privacy for dwelling units in and adjacent to the development;
e)
orientation of buildings and general appearance of project; and
f)
safe pedestrian access to and from the public sidewalk fronting the building.
8.9
DWELLING, CARETAKER'S RESIDENCE
8.9.1.
Dwelling, caretaker's residence may only be developed on a site with a principal non-residential use,
building or structure.
8.9.2.
Not more than one (1) dwelling, caretaker's residence is allowed per lot.
8.9.3.
As permitted by Section 651.1 of the Act, a restrictive covenant may be required to be registered against
the certificate of title for the subject property to ensure that the dwelling, caretaker's residence shall
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not be subject to separation from the principal dwelling through condominium conversion or
subdivision.
8.9.4.
The parking stall provided for the dwelling, caretaker's residence shall not be accommodated on the
street. Parking may be allowed in tandem, provided that the parking for the principal use, building or
structure does not block the parking for the dwelling, caretaker's residence and vice versa.
8.10
DWELLING, MANUFACTURED HOME
8.10.1.
The undercarriage of a dwelling, manufactured home shall be completely screened from view by
fireproof skirting or by such other means satisfactory to the Development Authority.
8.10.2.
Axles, wheels, running gear and towing tongue shall be removed prior to final installation of the
dwelling, manufactured home being securely placed or anchored on piers or foundation.
8.10.3.
All accessory structures, additions, porches and skirting shall be of a quality, design and appearance
equivalent to the dwelling, manufactured home.
8.10.4.
In the event of oil being used for heating purposes, an oil receptacle and tank stand shall be required to
be screened with material that is compatible with the dwelling, manufactured home and that is non-
combustible.
8.11
EMERGENCY SHELTER
8.11.1.
As part of an emergency shelter development permit application, the Development Authority should
require the developer to provide:
a) proposed hours of operations;
b) proposed security measures;
c) proposed measures to minimize nuisance to adjacent owners;
d) proposed services being operated on site; and
e) an Operations Plan.
8.11.2.
An emergency shelter may provide a food preparation, kitchen or eating area for the staff or population
the use serves.
8.11.3.
An emergency shelter must be developed within a permanent building.
8.11.4.
The Development Authority shall establish:
a)
a time limit on an emergency shelter development approval by way of a temporary development
permit.
b)
a minimum standard with respect to emergency shelter space, operations, user experience,
services, safety, neighbourhood interactions, and any other matter deemed necessary.
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8.12
FLEET SERVICES
8.12.1.
On-site storage for fleet services must comply with all development regulations for the district in which
it is located.
R E S I D E N T I A L D I S T R I C T S
8.12.2.
A maximum of two fleet vehicles may be stored at a home-based business location.
8.12.3.
Fleet vehicles should be screened from view from adjacent properties and streets using fencing,
landscaping, or other approved methods.
C O M M E R C I A L A N D I N D U S T R I A L D I S T R I C T S
8.12.4.
Fleet services must provide dedicated on-site parking for all fleet vehicles in addition to any other
parking requirements on the site.
8.12.5.
Fleet vehicles should be screened from public view using fencing, walls, or landscaping when bordering a
Residential district.
8.13
GAS STATIONS
8.13.1.
In addition to the regulations below, the drive-through development regulations shall apply to a gas
station development with or without a car wash.
8.13.2.
Any fuel pump island for a gas station must be located at least 6.0 m from any boundary of the site, a
parking area on the site, or any laneway intended to control traffic circulation on the site; a canopy over
a pump island may extend to within 3.0 m of the boundary of the site.
8.13.3.
A gas station shall be located at the intersection of two (2) or more public roads, being a street or
avenue, but not including a lane, or between intersections where there is a service road or a centre
dividing strip, or on part of a retail, shopping centre development.
8.14
HOME-BASED BUSINESS
8.14.1.
Home-based businesses shall not interfere with the rights of other residents to the quiet enjoyment of
their properties, or create a nuisance by way of dust, noise, smell, and smoke or traffic generation.
8.14.2.
A letter from the registered owner of the dwelling, allowing an occupant to establish a home-based
business on the parcel shall be required where the applicant is not the owner of the dwelling.
8.14.3.
A home-based business shall not store materials, goods or equipment outdoors.
8.14.4.
A home-based business shall not involve the retail sale of goods within the dwelling or display of goods
upon the premises, but goods may be stored subject to the approval of the Development Authority,
provided the storage of such shall not affect the character and appearance of the property as a
residential dwelling.
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8.14.5.
A home-based business shall not require alterations to any building unless the alterations are approved
by the Development Authority.
8.14.6.
An approved home-based business development permit shall be in effect for the period of time the
property is occupied by the applicant for whom the home-based business was approved.
8.14.7.
The following conditions shall be attached to all development permits issued for a home-based
business:
a) this permit may be revoked at any time if in the opinion of the Development Authority, the use is,
or has become, detrimental to the amenities of the neighbourhood; and
b) this permit will expire when the applicant for whom the home-based business was approved ceases
to occupy the dwelling, or the Development Authority may establish a time limit on a home-based
business development approval by way of a temporary development permit.
8.14.8.
Home-based business proposals respecting such uses as personal service establishments, food
preparation, and home-based childcareare required to conform to the standards administered by the
applicable public health authority and to obtain all necessary licenses required under applicable
provincial or federal legislation.
8.14.9.
Home-based business, minor shall be restricted to the dwelling unit. In addition, such home-based
businesses shall:
a) Have no more than 1 non-resident employee or business partner working on-site at any one time.
b) not store materials, goods or equipment outside the dwelling;
c) limit on-site advertising to one (1) unlighted sign not exceeding 1.0 m2, located in a window, or
affixed to the exterior of the building, fence or located in a yard;
d) provide sufficient on-site parking, where on-street parking is not available, where on-street parking
abuts the frontage of the home-based business the on-street parking may be counted as part of the
parking spaces available to the development, provided the use of the land for public parking is not
prevented or limited by a fire hydrant, yellow curb line, loading zone, entrance or other obstruction;
and
e) not park a commercial vehicle.
8.14.10. Home-based business, major shall be restricted to the residence and residential accessory buildings. In
addition, such home-based businesses shall:
a) limit on-site advertising to one (1) unlighted sign not to exceed 1.0 m2 located in a window, or
affixed to the exterior of the building or fence, or located in a yard;
b) have no more than 2 non-resident employees or business partners working on-site at any one time.
c) park no more than one (1) commercial vehicle, which must be parked on site in the rear yard or on
a driveway; and
d) provide sufficient on-site parking, where on-street parking is not available, where on-street parking
abuts the frontage of the home-based business the on-street parking may be counted as part of the
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parking spaces available to the development, provided the use of the land for public parking is not
prevented or limited by a fire hydrant, yellow curb line, loading zone, entrance or other obstruction.
8.15
INDUSTRIAL USE CLASS
8.15.1.
Any proposed development that is within the industrial uses defined in this Bylaw, including the
production, processing, cleaning, testing, repair, storage or distribution of any material, shall conform to
the following standards:
a) Obvious toxic and noxious materials or dust or ash shall not be released or permitted to escape to
the atmosphere at such a rate as to interfere with the use and enjoyment of property or to
endanger the health or safety of the public.
a) No industrial operation shall be carried out which would result in the projection of glare or heat
onto adjacent parcels.
b) Waste products shall not be discharged into any sewer or private sewage disposal system if the
nature of such waste products, or the manner of their discharge, would exceed the design
standards for the sewer or sewage disposal system.
8.15.2.
To evaluate the impact of hazardous materials risk, development proposals that have the potential to
cause off-site impacts during the release of a hazardous material may be required to include a
Hazardous Materials Impact Analysis (HMIA) at the discretion of the Development Authority.
8.15.3.
This HMIA analysis shall provide basic information on the project (including Site layout and proposed
hazardous materials use), describe likely incident scenarios, describe mitigation actions designed to limit
the potential for off-site impacts on adjacent land uses or environment and describe emergency
response measures in the event of a spill. Based on the information provided in the impact analysis,
recommendations will be made by the Fire Authority to the relevant decision maker to protect against
off-site impacts.
8.15.4.
In the case of proposals for industrial development, the Development Officer or Subdivision Authority
may consult with the Public Health Officer, Alberta Environment, Alberta Labour, or any other qualified
department or agency prior to making a decision on a subdivision application or an application for a
development permit.
8.15.5.
Where a proposed industrial use will be located on a site adjacent to a non-industrial use or district, the
Development Authority may require mitigation of potential Development impacts on the adjacent
parcel, including:
a) provision of noise attenuation walls;
b) increased landscaping, including a landscaped buffer;
c) location of parking areas, walkways, business entrances or other high activity areas away from
residential lot lines;
d) screening or locating on-site lighting to avoid spillage onto residential properties;
e) restricting the location of outdoor speakers; and
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f)
changing the proposed structure to mitigate noise, light or glare impacts.
8.16
RECREATIONAL VEHICLE(S)
R E C R E A T I O N A L U N I T P A R K I N G I N R E S I D E N T I A L D I S T R I C T S
8.16.1.
A maximum of one (1) recreational vehicles may be parked or stored in the rear yard, side yard or on a
driveway at a time on a lot.
8.16.2.
A recreational vehicle parked or stored in a Residential District shall:
a)
not occupy or obstruct access to any required on-site parking stalls where insufficient street
parking is causing complaints from adjacent properties, or interfering with municipal operations;
and
b)
be located wholly within the site and be setback a minimum of 0.6 m from the rear property line
where there is a rear lane or 0.6 m from the interior edge of the sidewalk or curb where there is a
sidewalk or curb.
8.17
RETAIL, CANNABIS OR LIQUOR STORE
8.17.1.
The owner or applicant must obtain any other approval, permit, authorization, consent or license that
may be required to ensure compliance with applicable federal, provincial or other municipal legislation.
8.17.2.
Retail, cannabis or liquor store shall not be located within 100.0 m from:
a) a school, private or school, public;
b) a provincial health care facility; or
c) a public park.
8.17.3.
For the purposes of subsection 8.17.2 only, a variance up to 10.0 m on the separation distance may be
granted by the Municipal Planning Commission where the subject site includes a building with multiple
units and the subject unit is outside the prescribed setback or where the building on the site is outside
the setback.
8.17.4.
The separation distance established in 8.17.2 above and 8.17.5 below between uses shall be measured
from lot line to lot line.
8.17.5.
Where a proposed retail, cannabis store use is within 100.0 m of an existing retail, cannabis store use
the potential cumulative impact of the uses on development within the area must be considered by the
Development Authority in evaluating the application.
8.17.6.
The development shall not operate in conjunction with another approved use.
8.17.7.
Customer access to the store is limited to a storefront that is visible from the street. Mall access shall
allow for clear visibility from the interior.
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8.17.8.
When an application for a retail, cannabis store as a Discretionary Use is received or an associated
variance application is received, the Development Authority shall notify all landowners within a 50.0 m
radius, measured from lot line to lot line to ensure that neighbouring landowners can provide comment
on the application prior to the decision being made.
a) The notification must contain notice of the time and date of the Municipal Planning Commission
meeting and a method to provide written feedback.
b) The notification must be received a minimum of three (3) working days prior to the application
being presented at a Municipal Planning Commission meeting.
c) Mail is considered served seven (7) days from the date of mailing if mailed to an address in Alberta
or fourteen (14) days if mailed to an address outside of Alberta.
8.18
SOLAR ENERGY
8.18.1.
Solar energy, on-site and solar energy, commercial Systems shall:
a)
be certified by the Canadian Standards Association (CSA);
b)
meet all electrical and building permit requirements; and
c)
not exceed the building height on site, or the height regulations of the applicable land use district;
8.18.2.
Ground and pole mounted solar energy on-site and solar energy, commercial systems in Residential
Districts shall:
a)
not exceed 3.0 m in height;
b)
have a minimum rear yard setback of 3.0 m;
c)
have a minimum side yard setback of 3.0 m;
d)
not be located in front yards; and
e)
be supported by an engineering study that demonstrates the project is structurally sound.
8.18.3.
Roof mounted solar systems shall not extend by more than 2.0 m above the top of the roof peak.
8.19
STRIPPING, FILLING, EXCAVATION AND GRADING
8.19.1.
The regulations contained within this section are intended to apply primarily to those situations where
stripping, filling, excavation or grading activities are proposed independent of, or prior to other
development occurring on the same lot or site.
8.19.2.
Where a proposed stripping, filling, excavation or grading operation is not part of the overall
development of a site for which a development permit has been approved or is not required as a
condition of a development agreement with the Town, a development permit for the operation shall be
required.
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8.19.3.
In addition to the requirements of Section 12, the Development Authority may require the following
information with the application:
a) site plans showing the location and dimensions of proposed stripping, filling, excavation, and
grading, including details of edge conditions or back sloping requirements, and details regarding any
stockpiles;
b) a description of the material and proposed source of any materials being brought to the site;
c) the effect on drainage patterns or storm water management plans;
d) a description of the proposed site end condition and site restoration plans;
e) proposals for preventing nuisance, including but not limited to dust, noise, and visual impacts;
f)
proposed access, haul routes and haul activities; and
g) proposed timing and phasing of activities.
8.19.4.
Where site plans, drainage plans, storm water management plans or geotechnical soils plans are
required for stripping, filling, excavation, and grading, they will be authenticated by a professional
engineer, professional geoscientist or a provisional licensee (engineering) registered with the
Association Professional Engineers and Geoscientists of Alberta.
8.19.5.
The Development Authority may set conditions of approval with respect to a stripping, filling,
excavation and grading development permit requiring the applicant enters in an agreement with Town
to address any issues arising from the development permit application, including but not limited to:
a) limiting the impact on drainage patterns;
b) setting a site end condition, such as seeding and loaming the development area;
c) limiting the impact of nuisance, including but not limited to dust, noise, and visual impacts;
d) setting access, haul routes and haul activities standards; and
e) defining the timing and phasing of activities.
8.19.6.
The Development Authority may require an Irrevocable Letter of Credit or a bank draft, or certified
cheque from a recognized Canadian financial institution, or alternate form of security deemed
acceptable by the Development Authority, to the value of the estimated cost of all or any proposed
work/activities, including final grading and landscaping, to ensure that such work is carried out with
reasonable diligence.
8.19.7.
A temporary fence shall be erected around all excavations, which in the opinion of the Development
Authority may be hazardous to the public.
8.19.8.
Where finished ground elevations are established, all grading shall comply therewith.
8.19.9.
All parcels shall be graded and all drainage directed as per the approved storm water management plan.
8.19.10. All topsoil should be retained on the parcel, except where it must be removed for building purposes,
where the topsoil should be moved to a safe place.
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SIGNS
9.1
GENERAL SIGN REGULATIONS
9.1.1.
In addition to all other provisions and regulations in this Bylaw, the regulations in this section shall apply
to signs.
9.1.2.
No signs shall be erected on land or affixed to any exterior surface of any building or structure unless a
development permit has been issued by the Development Authority, except in those circumstances
described in Section 9.2.
9.1.3.
Development permit applications that are not in compliance with the regulations in this section shall be
referred to the Municipal Planning Commission for approval. The Municipal Planning Commission should
assess the application based on the following criteria:
a)
the scale of the proposed sign in relation to the regulations outlined; and
b)
the impact of the sign on the character of the surrounding community.
9.1.4.
In considering an application for a development permit for a sign, the Development Authority shall have
regard to:
a)
the appearance of the district in which the sign is to be located;
b)
the quality, style, finish and construction of the sign;
c)
the safe movement of traffic; and
d)
the size and proposed location of the sign, together with method of illumination.
9.1.5.
No sign shall be located or placed in such a manner that it will create a potential hazard or conflict with
rights-of-way, easements or the routing of any public utility, and will not create a traffic hazard or
obstruct the public's view of any other signage.
9.1.6.
Changes to an existing sign, including but not limited to changes in size, shape, type, illumination, and
sign projection style are required to obtain a development permit unless otherwise exempted by this
Bylaw. This requirement does not include routine maintenance, painting or change in face, content or
lettering.
9.1.7.
In addition to the information required for a development permit application, the following information
shall be required in support of the development permit application:
a)
a drawing of the proposed signage, showing:
i.
the sign design;
ii.
the type of sign;
iii.
the size (width, depth and height) of the sign;
iv.
the percent of sign coverage of the building face (if applicable);
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Land Use Bylaw No. 2178
v.
the siting of proposed signage on the property, including setbacks from lot lines;
vi.
a description of and dimensions of any support structure;
vii.
the height of the sign from ground level;
viii.
the projection of the sign (if applicable);
ix.
a description of the proposed signage materials; and
x.
a description of any proposed illumination.
b)
the length of time the sign is to be located at the site, if applicable;
c)
letter of authorization from the registered owner (if applicant is other than owner);
d)
in the case of a sign identifying a business, the Town business license number of that business; and
e)
a certificate of insurance co-insuring the Town for a sign on public property or projecting over
public property (if applicable).
9.1.8.
All signs and advertisements must be maintained in a safe, clean, and tidy condition.
9.1.9.
Subject to the requirements of the business licensing bylaw, a business being advertised on a sign in the
Town must maintain a Town Business License.
9.2
EXEMPTIONS FROM SIGN DEVELOPMENT PERMITS
9.2.1.
The following signs shall be exempted from the provisions of these sign regulations and shall not require
a development permit:
a)
signs displayed on enclosed land parcels where they are not readily visible to the public;
b)
signs displayed within a building; and
c)
signs displayed on door plates, door boards, or kick plates.
9.2.2.
The following signs shall not require a development permit provided that the proposed sign is compliant
with the applicable regulations of this Bylaw and in accordance with all other applicable legislation,
regulations, and bylaws:
SIGN TYPE
NARRATIVE OF SIGN TYPES THAT DO
NOT REQUIRE A DEVELOPMENT
PERMIT
REGULATIONS
Banner Signs
Temporary signs made of flexible material, such
as fabric or vinyl, typically affixed to a structure
or frame.
» Displayed for a maximum of thirty (30)
consecutive days to a maximum of ninety (90)
days in a calendar year.
» One (1) sign is allowed per building.
» If placed over a public road, the sign must be
4.5 m above the road surface.
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SIGN TYPE
NARRATIVE OF SIGN TYPES THAT DO
NOT REQUIRE A DEVELOPMENT
PERMIT
REGULATIONS
Building
Contractor Signs
Signs of building contractors relating to
construction work in progress on the land on
which signs are placed.
» Maximum Sign Area: 3 m2 (32.3 ft2)
» Must be removed within fourteen (14) days of
occupancy.
» Limit of one (1) sign on each side of the
property facing a road.
Election Signs
Signs placed during an election period.
» Must be removed seven (7) days after the
election.
» Must comply with relevant municipal,
provincial or federal regulations.
Free Standing
Portable Signs
including A-Board
signs
Ads that are freestanding such as sandwich
boards.
» Maximum Sign Area: 1.1 m2 (12 ft2)
» Maximum Sign Height: 1.5 m (5 ft) above
ground.
» Signs must be entirely located within the lot
lines or compliant with the relevant sign
regulations.
Identification
Signs
Notices of identification in respect to the land or
buildings on which they are displayed, and
professional business and trade name plates
relating to the occupants of the land or buildings
on which they are displayed.
» Maximum Sign Area: 0.2 m2 (2.2 ft2).
» Limit of one (1) sign for each occupant, firm, or
company in the building at each entrance
facing a road.
Local Authorities,
Provincial
Authorities,
Royal Canadian
Mounted Police,
Utility Board(s)
and Other Public
or Quasi Public
Bodies
Statutory and official notices.
Functional advertisements.
Traffic and directional signs authorized by the
Development Authority and provincial
authorities.
» N/A
»
Profession,
Business or Trade
Signs
Signs for the purpose of identification, direction
and warning or relating to a person, partnership
or company carrying on a profession, business, or
trade, or to a residential hotel, apartment block,
club, or similar institution.
This does not include signs for home-based
businesses.
» Maximum Sign Area: 1.1 m2 (12 ft2).
» Limit of one (1) sign per business.
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SIGN TYPE
NARRATIVE OF SIGN TYPES THAT DO
NOT REQUIRE A DEVELOPMENT
PERMIT
REGULATIONS
Religious,
Educational,
Cultural
Recreational,
Medical and
Similar
Notices of land or buildings used for religious,
educational, cultural, recreational, medical, or
similar public or quasi-public purposes,
» Maximum Sign Area: 1.1 m2 (12 ft2).
» Limit of one (1) sign or notice on each side of
the land or building(s) facing a road.
Sale, Lease or
Rental Signs
Notices relating to the sale, lease or rental of the
buildings, or land to which they are attached.
» Maximum Sign Area: 0.5 m2 (5.4 ft2).
» Signs cannot be illuminated.
» Limit of one (1) sign or notice on each side of
the land or building(s) facing a road.
Temporary
Advertisements
Temporary advertisement relating to the sale or
letting of land, the sale of goods or livestock, the
carrying out of building or similar work,
announcement of any local event of a religious,
educational, cultural, political, or similar
character.
» Maximum Sign Area: 1.9 m2 (20 ft2).
» Can only be displayed for thirty (30) days prior
to the start of the event or work.
» Must be removed within fifteen (15) days of
the event or work ending.
Temporary Sale
Signs
Temporary signs referring to sales which are
displayed upon the premises upon or within
which such sales will be or are being conducted.
» Signs cannot be illuminated.
» Material Permitted: paper, blackboard, canvas,
cardboard, painted on glass, or other light
material.
» Can only be displayed for seven (7) days prior
to the start of the sale.
» Must be removed within eight (8) days of the
sale ending.
» Can only be displayed for fifteen (15)
consecutive days.
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9.3
SIGNAGE - PROHIBITED
9.3.1.
No sign shall be erected on or affixed to public property or placed within a road allowance without prior
consent from the Development Authority.
9.3.2.
No sign shall be erected or affixed anywhere that obstructs the free and clear vision of vehicular traffic
or be any form of traffic hazard.
9.3.3.
No sign or advertisement shall resemble or conflict with a traffic sign, signal, or device.
9.3.4.
All signs and advertisements must be maintained in a safe, clean, and tidy condition, or notice will be
served to perform the necessary repairs or remove the sign(s) within thirty (30) days.
9.3.5.
Notwithstanding any other provision in this section, no person shall place a motor vehicle, a trailer, or
any other object, building or structure whatsoever displaying an off-site sign for advertisement on a site
visible from a provincial highway or local road. For purposes of this clause, "trailer" shall not include a
trailer that is designed exclusively for the purpose of displaying and transporting a portable sign.
9.4
SIGNAGE SUMMARY TABLE
9.4.1.
Permitted and discretionary signs in each district shall be as follows:
P: Permitted Use
D: Discretionary Use
D*: Discretionary Use
level 2 (MPC or Council)
Districts
Residential
Commercial
Industrial
Other
R-1
R-2
R-3
R-4
R-5
R-6
C-1
C-2
C-N
C-R
R-D
M-1
M-2
M-3
I-R
F-D
N-E
Signs
Canopy Sign
D*
D
D
D
D
D
P
P
P
P
P
P
P
P
P
D
D
Fascia Sign
D*
D
D
D
D
D
P
P
P
P
P
P
P
P
P
D
D
Freestanding Sign
D
P
P
D
D
P
P
P
P
D
P
Billboard Sign
D*
D
D*
D
P
P
Inflatable Sign
P
P
P
P
P
P
P
P
P
D
Portable Sign
D
P
P
D
D
P
P
P
P
P
P
Projecting Sign
P
P
P
P
P
P
P
P
D
D
D
Revolving Sign
P
P
D
D
D
P
P
P
Roof Sign
D
D
D*
D*
D*
D
D
P
9.5
A-BOARD SIGN
9.5.1.
A-Board signs shall be a maximum size of 0.6 m wide and 0.9 m high.
9.5.2.
A maximum of one (1) A-Board sign per business or per building entrance, whichever is more may be
placed directly in front of the business.
9.5.3.
Notwithstanding subsection 9.5.1 and 9.5.2, in the case of a building containing two (2) or more
businesses, one (1) A-Board sign per business may be permitted at the discretion of the Development
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Officer having regard to the total number of A-Board signs to be displayed and whether the A-Board
signs may form a cluttered appearance or interfere with pedestrian or traffic safety.
9.5.4.
A-Board signs shall be placed on the outside of the sidewalk in line with light poles.
9.5.5.
A-Board signs shall not impede the sightlines and flow of pedestrians or street traffic.
9.5.6.
A-Board signs shall only be allowed during the hours when the business is open to the public.
9.5.7.
A-Board signs cannot be placed on medians within the road.
9.5.8.
Any debris collected by the A-Board sign shall be removed by the business.
9.5.9.
In the event of conflicts or unforeseen problems, the Town may require the removal of an offending A-
Board sign.
9.6
ABANDONED SIGNS
9.6.1.
Where the Development Authority finds a sign to be abandoned or in a state of disrepair, they shall, by
notice in writing, order the owner, the person in possession of the land or building or the person
responsible for the abandoned sign to:
a) remove the sign and all related structural components within thirty (30) days, or as outlined in the
written notice; or
b) take such measures as are specified in the written notice to alter and refurbish the sign.
9.6.2.
In the case where an existing sign is causing a public safety problem or is in an unacceptable state of
repair or appearance and the person has not responded to the official written notice issued under
9.6.1.a) above, the Town has the authority to enter onto the subject property to remedy the situation
and may charge the invoice against the owner's tax roll and the debt shall be collectible and recoverable
in a like manner as municipal taxes.
9.7
BILLBOARD SIGN
9.7.1.
The maximum sign area of a billboard sign is 35.0 m2.
9.7.2.
The maximum height of a billboard sign is 12.0 m.
9.7.3.
Billboard signs shall be a minimum of 90 m from any other billboard sign.
9.7.4.
Billboard signs shall be setback a minimum of 5 m from a lot line.
9.7.5.
Billboard signs shall be setback a minimum of 100 m from an intersection and 30 m from a property
access.
9.7.6.
The clearance from ground level to the bottom of a billboard sign must be a minimum of 2.4 m.
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9.8
BUSINESS LICENCES
9.8.1.
Subject to the requirements of the business licencing bylaw, a business being advertised on a sign in the
Town must maintain a Town Business Licence.
9.9
CANOPY SIGN
9.9.1.
The clearance from sidewalk or ground level to the bottom of a canopy sign must be a minimum of
3.1 m.
9.9.2.
The maximum projection of a canopy sign from a building over a public sidewalk is 2.1 m.
9.9.3.
The maximum number of canopy sign per site is one (1) per frontage or one (1) per business, which ever
is more.
9.9.4.
No canopy sign shall be permitted where the canopy obstructs the movement of pedestrians or
vehicles, or repairs to overhead utility lines.
9.9.5.
Canopy signs shall be designed in such a manner that they complement the appearance of the building
to which it will be affixed and shall be constructed to conform to the Province of Alberta's safety codes
legislation.
9.10
FASCIA SIGN
9.10.1.
The maximum building face coverage of a fascia sign is 30% or, where the sign is an off-site sign, the
maximum size is 18.6 m2.
9.10.2.
The maximum extension of a fascia sign above the roof is 30.5 cm.
9.10.3.
The maximum extension of a fascia sign beyond a wall face is 40.6 cm.
9.10.4.
The maximum number of on-site fascia sign is two (2) per building face or up to 30% coverage of the
building face. The maximum number of off-site fascia signs is one (1) per building face or up to 30%
coverage of the building face.
9.10.5.
Notwithstanding subsections 9.11.1 to 9.11.4, in the case of a building containing more than one (1)
business, two (2) fascia signs may be permitted for each business operating within the building, up to a
maximum of 30% coverage of the building face for all signs displayed on that face of the building.
9.11
FREESTANDING SIGN
9.11.1.
The maximum size of a freestanding sign is 0.1 m2 in area for each 30.5 cm of street frontage of a site to
a maximum of 23.2 m2, or at the discretion of the Development Officer or Municipal Planning
Commission.
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9.11.2.
The maximum height of a freestanding sign is 4.6 m above the roof of an on-site building.
9.11.3.
The maximum number of freestanding signs, including both on and off-site signs, is one (1) per site or
one (1) per fronting street or two (2) if the site is more than 182.9 m frontage. The maximum number of
off-site freestanding signs is one (1) per site.
9.11.4.
Where two (2) or more freestanding signs are located on the same business premise or site or along the
same frontage, a minimum horizontal distance of 30.5 m shall be provided between the signs.
9.11.5.
The foundation of a freestanding sign shall be setback a minimum of 0.9 m from the property line.
9.12
ILLUMINATION
9.12.1.
Any sign may be considered illuminated if it is lighted by or exposed to artificial lighting either by lights
on or in the sign or directed toward the sign.
9.12.2.
No sign shall be illuminated unless the source of light does:
a) not adversely affect neighbouring properties;
b) not cause confusion with traffic lights or traffic signs; and
c) not endanger the progress of traffic.
9.12.3.
The light source must be steady and where possible, should be shielded to prevent light trespass and to
direct it to the area intended to be illuminated.
9.12.4.
Digital signs must use automatic light level controls to adjust light levels under darkened outdoor
conditions to reduce light pollution, in compliance with the following:
a)
Ambient light monitors must automatically adjust the brightness level of the Digital Copy area
based on ambient light conditions. The level of ambient light must not be increased by more than
32 nits above ambient light conditions when measured from the sign face at its maximum
brightness, between sunset and sunrise, at those times determined by the sunrise/sunset
calculator from the National Research Council of Canada.
b)
Brightness level of the sign must not exceed 400 nits when measured from the Sign face at its
maximum brightness, between sunset and sunrise, at those times determined by the
sunrise/sunset calculator from the National Research Council of Canada. All digital displays shall be
equipped with ambient light monitors that automatically adjust the brightness of sign illumination
based on ambient light conditions.
9.12.5.
Static images must have a display duration of at least six (6) seconds.
9.12.6.
Notwithstanding that a sign type is listed as a permitted use in a district, any digital sign development
shall be discretionary and referred to the Municipal Planning Commission for decision.
9.12.7.
The Development Authority may establish a time limit on a digital sign development approval by way of
a temporary development permit.
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9.13
INFLATABLE SIGN
9.13.1.
An inflatable sign shall not be installed or displayed within 150.0 m of any other inflatable sign.
9.13.2.
When located at grade, inflatable signs shall be set back from any property line by an amount equal to
the height of the sign when inflated.
9.13.3.
When located at grade, no inflatable sign shall be located within 3.0 m of any access/egress to or from a
property or within 10.0 m of any intersection.
9.13.4.
When located on a roof, an inflatable sign shall not extend or project over the edge of the building.
9.13.5.
Inflatable signs shall be tethered or anchored and shall be touching the surface to which it is tethered or
anchored.
9.13.6.
Inflatable signs shall not be displayed for more than sixty (60) consecutive days and the premises shall
remain free of an inflatable sign for a minimum of thirty (30) consecutive days thereafter.
9.13.7.
An inflatable sign may be illuminated, provided the sign is not within 30.0 m of a Residential District.
9.13.8.
An inflatable sign may only be animated by the movement of air through it.
9.14
PORTABLE SIGN
9.14.1.
The maximum width of a portable sign is 3.7 m.
9.14.2.
The maximum height of a portable sign is 2.4 m.
9.14.3.
Multiple portable signs on a parcel shall be separated by a minimum distance of 20.0 m from each
other.
9.14.4.
Portable signs must be setback a minimum of 0.9 m from any lot line with a public road or a public right
of way and 5.0 m from the boundary of another site.
9.14.5.
A development permit for a portable sign shall be a temporary permit. The Development Authority shall
specify on the development permit for a portable sign the length of time that the permit remains in
effect, to a maximum of six (6) months. The portable sign must be removed on or before the expiry date
specified. Up to a three (3) month extension may be granted upon written request.
9.14.6.
Portable signs that are painted or placed on a semi-trailer or are placed in a truck-bed shall not be
allowed when:
a) in the opinion of the Development Authority, the primary purpose of the semi-trailer or truck-bed
sign is a sign; and
b) the semi-trailer or truck-bed sign has been parked in a location for a period of fourteen (14) days or
more.
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9.15
PROJECTING SIGN
9.15.1.
The maximum size of a projecting sign is 9.3 m2.
9.15.2.
The maximum projection of a projecting sign above the roof line (flat roofs) or the eave line (all others)
is 0.6 m.
9.15.3.
Projecting signs must have a 3.1 m clearance above the ground level.
9.15.4.
The maximum projection of a projecting sign from a building is 1.5 m over onto a public sidewalk.
9.15.5.
The maximum number of projecting signs per site is one (1) per business frontage.
9.15.6.
In the case of a building containing two (2) or more businesses, one (1) projecting sign per business may
be allowed.
9.15.7.
Except in the case of a corner projecting sign, a projecting sign shall be placed at right angles to the
building face to which it is attached.
9.16
REVOLVING SIGN
9.16.1.
The location, size, design and character of a revolving sign shall respect the scale and character of the
surrounding area and meets in all respects the requirements for freestanding signs.
9.16.2.
A revolving sign shall not project over any lot line, over public property and over any utility right-of-way
or easement.
9.16.3.
Revolving signs shall not be located within 30.0 m of any residential area, from the edge of a revolving
sign to the edge of the nearest residential parcel.
9.17
ROOF SIGN
9.17.1.
The maximum size of a roof sign is 23.2 m2.
9.17.2.
The maximum height of a roof sign is 4.6 m (including support structure).
9.17.3.
The maximum number of one (1) roof signs per site.
9.17.4.
A roof sign shall be finished in such a manner as to compliment the appearance of the building,
including the support structure, to the satisfaction of the Development Authority.
9.17.5.
Roof signs shall not project beyond the exterior walls of a building.
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9.18
SIGNS ON MUNICIPAL LAND
9.18.1.
The Development Authority may consider allowing the placement of a private sign on public property,
subject to the following:
a) The owner entering into an encroachment agreement with the Town pursuant to the Policy on
Encroachments.
b) Signs shall not conflict with the general character of the surrounding neighbourhood.
c) Signs shall not interfere with the movement of pedestrian or vehicular traffic.
d) Signs shall not be placed on traffic medians, dividers or in a roundabout.
e) Signs shall not be placed on any traffic control device or street refuse container.
f)
Signs shall not be placed within 5.0 m of any intersection.
g) Signs shall be removed within thirty (30) days of the date when the use of the land or building to
which the sign refers is discontinued.
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SPECIFIC PARKING AND LOADING
REGULATIONS
10.1
GENERAL PROVISIONS
10.1.1.
The requirements of this section shall apply to all parking and loading facilities required by this Bylaw. In
the event of a conflict between the requirements of this section and a land use district, the land use
district requirements shall prevail.
10.1.2.
If the vehicles entering public roads from a development typically are longer than 9.0 m, the
Development Officer may require the submission of diagrams demonstrating that the entrance and
circulation geometrics are adequate.
10.1.3.
Where any development is proposed, parking shall be provided and maintained by the owner in
accordance with the requirements of this Bylaw.
10.1.4.
Parking stalls and loading spaces shall be clearly marked and maintained to ensure legibility, to the
satisfaction of the Development Authority.
10.1.5.
Barrier-free parking stalls intended for use by mobility-reduced persons shall be included in the
calculation of the applicable minimum parking requirement.
10.1.6.
Where the provision of off-street parking or loading space is required by this Bylaw, a plan of the
proposed site layout should be included with the Development Permit application.
10.1.7.
Parking stalls shall have a minimum vertical clearance of 2.0 m.
10.1.8.
For any new construction, expansion, or change of use of a building that requires additional parking or
loading spaces, the building owner must provide these spaces as specified in this Bylaw before the
development is completed or the building is occupied, whichever comes first, unless a variance is
granted.
10.1.9.
Pedestrian Network Design
a)
The development should include pedestrian pathways connecting the building to an existing
sidewalk network.
b)
Parking lots should include a 2.0 m wide sidewalk to facilitate pedestrian movement. These
walkways should intersect the parking lot in multiple directions and align with building entrances.
c)
For drive-through developments with more than twenty-five (25) parking stalls, pedestrian
circulation routes must be provided that are clearly marked and integrated with vehicular
pathways. Pedestrian routes can be delineated using raised crossings, signage, distinct paving,
painted markings, bollards, landscaping, or any other suitable method.
d)
Parking and loading spaces should be designed and located without disruptions to pedestrian
pathways and nearby roads.
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10.1.10. A professional engineer's assessment of parking and loading demands may be required to determine
appropriate requirements or when a variance is sought.
10.1.11. On-site snow storage
a)
Surplus parking stalls, beyond those mandated by this Bylaw, may serve as designated snow
storage areas.
b)
Stored snow shall not present hazards to vehicular or pedestrian traffic.
c)
Snow storage shall be prohibited within the Sight Triangle of a lot.
10.2
PARKING REQUIREMENTS
10.2.1.
A parcel shall not be used unless the parking requirements are met or a variance is granted.
10.2.2.
A parking space(s) shall be located on the same site as the building or the use in respect of which it is
required.
10.2.3.
All parking spaces shall be designed, located, constructed, and maintained so that:
a) they are reasonably accessible to the vehicles intended to be accommodated;
b) they may be properly maintained; and
c) they are satisfactory to the Development Officer in size, shape, location and construction.
10.2.4.
Where there is a fractional number of parking spaces required by this Bylaw, the next whole number of
stalls shall be provided.
10.2.5.
Where a development on a parcel falls within more than one (1) use of a building or land, the required
number of stalls should be the sum of the requirements for each of the uses as specified by subsection
10.2.7.
10.2.6.
All parts of the site to which vehicles may have access shall be developed to provide a durable dust free
surface.
M I N I M U M P A R K I N G S P A C E R E Q U I R E M E N T S
10.2.7.
The minimum number of off-street parking spaces required for each use shall be as set out in the
following except as otherwise allowed for in this Bylaw:
a)
Residential Uses
USE
MINIMUM REQUIREMENT
Accessory Dwelling Unit
1 per 2 bedrooms
Communal Living
1 per unit
Dwelling, Apartment
1.25 per unit and 1 visitor parking per 10 units
Dwelling, Caretaker's Residence
1 per unit
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USE
MINIMUM REQUIREMENT
Dwelling, Group Care
1 per 250.0 m² gross floor area
Dwelling, Manufactured Home
2 per unit
Dwelling, Row House/Townhouse
1 per unit
Dwelling, Semi-Detached
2 per unit
Dwelling, Single-Detached
2 per unit
Dwelling, Triplex
1 per unit
Manufactured Home Park
1 per unit
Supportive Housing
1 per 250.0 m² gross floor area
b)
Commercial Uses
USE
MINIMUM REQUIREMENT
Artisanal Workshop
1 per 100.0 m² gross floor area
Business Support Services
1.5 per 100.0 m² gross floor area
Casino
1 per 6 seats
Childcare Facility
1 per 250.0 m² gross floor area
Commercial, General
1.5 per 100.0 m² gross floor area
Commercial, Greenhouses
1.5 per 100.0 m² gross floor area
Contractor Services
1.5 per 200.0 m² gross floor area
Domestic Animal Care Services
1 per 250.0 m² gross floor area
Establishment, Bars and Pubs
1 per 4 seats or 1 per 3.0 m² of gross floor
area, whichever is greater
Establishment, Brewery, Winery and Distillery
1 per 4 seats and 1 per 100.0 m² gross floor
area dedicated to manufacturing.
Establishment, Restaurant
1 per 4 seats
Farmers Market
1.5 per 100.0 m² gross floor area
Funeral and Related Services
1.5 per 100.0 m² gross floor area of office
space and 1 per 3.5 seats
Gas Station
1.5 per 100.0 m² gross floor area
Media Studio
1.5 per 100.0 m² gross floor area
Performance and Event Venue
1 per 3.5 seats
Professional Office
1.5 per 100.0 m² gross floor area
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Land Use Bylaw No. 2178
USE
MINIMUM REQUIREMENT
Personal Service Shops
1.5 per 100.0 m² gross floor area
Retail, Cannabis or Liquor Store
1.5 per 100.0 m² gross floor area
Retail, Convenience Store
1.5 per 100.0 m² gross floor area
Retail, Shopping Centre
1.5 per 100.0 m² gross floor area
Retail, Store
3 per 100.0 m² gross floor area, minimum 2
stalls
Truck Stop
2 per 100.0 m² gross floor area
Veterinary Services
1.5 per 100.0 m² gross floor area
Visitor Accommodation
1 per guest room and 1 space per 2 employees
Warehouse Sales and Storage Facilities
1 per 100.0 m² gross floor area and 1 stall per
employee on shift
c)
Industrial Uses
USE
MINIMUM REQUIREMENT
Auctioneering Services
1 per 100.0 m² gross floor area and 1 stall per
employee on shift
Automotive Electrical Services
1.5 per 100.0 m² gross floor area
Automotive, Equipment and Recreational
Vehicle Sales and Service
1.5 per 100.0 m² gross floor area
Auto Wrecking and Salvage Yards
1 per 100.0 m² gross floor area and 1 stall per
employee on shift
Building Material and Supply Outlet
1 per 100.0 m² gross floor area and 1 stall per
employee on shift
Bulk Fuel Sales
0.5 per 100.0 m² gross floor area (minimum of
2)
Cannabis Cultivation, Processing and
Distribution
1 per employee on shift
Fleet Services
1 per Fleet Vehicle and 1 stall per employee on
shift
Heavy Truck and Equipment Storage and Sales
1.5 per 100.0 m² gross floor area
Industrial, Heavy
At the discretion of the development authority
Industrial, Light
1.5 per 100.0 m² gross floor area
Natural Resource Extraction Industry
At the discretion of the development authority
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USE
MINIMUM REQUIREMENT
Railway Services
At the discretion of the development authority
Recreational Vehicle Storage Facility
1.5 per 100.0 m² gross floor area
Recycling Depot
1 per 100.0 m² gross floor area and 1 stall per
employee on shift
Small Animal Breeding/Boarding Services
2 and a minimum of 1 per 2 employees
Waste Management Facility
At the discretion of the development authority
d)
Accessory Uses
USE
MINIMUM REQUIREMENT
Accessory Building or Structure
n/a
Bed and Breakfast
1 per bed and breakfast unit
Home-Based Business, Home Office
n/a
Home-Based Business, Major
2 per non-resident employee and 1 per
resident employee
Home-Based Business, Minor
2 per non-resident employee and 1 per
resident employee
Live-Work Unit
1 per unit
e)
Public Uses
USE
MINIMUM REQUIREMENT
Cemetery
10 per hectare
Community Garden
n/a
Community Cultural Facility
1.5 per 100.0 m² gross floor area
Government Services
1.5 per 100.0 m² gross floor area
Health and Medical Services
2 per 100.0 m² gross floor area
Hospital
At the discretion of the development authority
Park
At the discretion of the development authority
Public Utilities
At the discretion of the development authority
Recreation, Indoor
1 per 3.5 seats or 31 per 100 m² gross floor
area used by patrons, or 4 per lane, or 8 per
sheet, or 1 per 10 m² gross floor area, or 1 per
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USE
MINIMUM REQUIREMENT
3.5 seats or 1 per 5 m² of playing/water
surface, or 2 per court, whichever is greater
Recreation, Outdoor
At the discretion of the development authority
Religious Assembly
1 per 4 seats, or 20 per 100 m² of floor area
used for assembly, recreation, or other
accessory uses
School, Commercial
At the discretion of the development authority
School, Industrial
At the discretion of the development authority
School, Private
At the discretion of the development authority
School, Public
At the discretion of the development authority
f)
Other Uses
USE
MINIMUM REQUIREMENT
Aerodrome
At the discretion of the development authority
Agricultural Operations, Extensive
n/a
Agricultural Operations, Intensive
n/a
Agriculture, Urban
n/a
Campground
0.25 per stall
Emergency Shelter
At the discretion of the development authority
Parking Facility
n/a
Recreational Accommodations
1 per guest room and 1 space per 2 employees
Recreational Vehicle Park
1.25 per stall
Shooting Range, Indoor
1.5 per bay and 1 space per 2 employees
Shooting Range, Outdoor
1.5 per bay and 1 space per 2 employees
Solar Energy, Commercial
n/a
Solar Energy, On-site
n/a
Stripping, Filling, Excavation and Grading
n/a
10.2.8.
Applicants may submit a report to demonstrate lessening or removing the minimums. Parking
requirements may be altered at the discretion of the Development Authority.
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C R E D I T F O R O N - S T R E E T P A R K I N G
10.2.9.
For commercial and public uses, where on-street parking abuts the frontage of the development the on-
street parking may be counted as part of the parking spaces available to the development, provided the
use of the land for public parking is not prevented or limited by a fire hydrant, yellow curb line, loading
zone, entrance or other obstruction.
10.2.10. A pedestrian pathway from the building entrance to the on-street parking should be provided as part of
the development.
P A R K I N G D E S I G N A T E D F O R P E R S O N S W I T H D I S A B I L I T I E S
10.2.11. The minimum number of parking stalls required to be designated for persons with disabilities shall be as
prescribed in the Alberta Building Code based on the number of on-site parking stalls being provided, or
greater as determined by the Development Authority where it may be reasonable to expect a greater
number of persons with disabilities to attend the intended use.
P A R K I N G M I N I M U M R E Q U I R E M E N T S D I S C R E T I O N
10.2.12. Notwithstanding subsection 10.2.7, should the Development Authority determine it to be advisable,
they may:
a) allow a reduction in the parking facilities required if, in the opinion of the Municipal Planning
Commission, the proposal would not create an unacceptable demand for on-street parking and
would not interfere with traffic safety; or
b) require the developer to provide the required off-street parking on land other than that to be
developed provided that:
i.
the alternate parking site is within 100.0 m of the development site;
ii.
the developer has absolute control of the alternate site for a length of time equal to the
life of the approved use, and will use that site to provide the required alternate parking;
iii.
the absolute control is established to the satisfaction of the Development Authority;
iv.
if the alternate parking site cease to be available, another parking site must be provided
which meets the above criteria or the approved use may be required to be discontinued;
and
v.
the person wishing to use an alternate site shall agree with the Town in writing under seal,
which document shall be in such form that it can be protected by registration of a caveat
under the Land Titles Act, that the site on which the alternate parking site is located shall
be used for such purpose as long as it is required by this part.
P A R K I N G R E Q U I R E M E N T S I N T H E D O W N T O W N
10.2.13. Excepting for the development of a dwelling unit, or a visitor accommodation, no off-street parking is
required along the following roads where the principal entrance to the development is facing:
a) 100th Street between 102 Avenue and 96 Avenue.
b) 102 Avenue between 101 Street and 100 Street.
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c) 101 Street between 102 Avenue and 100 Avenue.
d) 99 Street between 102 Avenue and 100 Avenue.
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10.3
PARKING SPACE DIMENSIONS & DESIGN
10.3.1.
The minimum dimensions of maneuvering aisles and parking stalls shall be in accordance with:
PARKING
ANGLE (A)
STALL
WIDTH (B)
AISLE WIDTH (C)
STALL DEPTH
PERPENDICULAR TO
AISLE (D)
PARKING
UNIT
DEPTH (E)
One-Way
Two-Way
One-Way
Two-Way
Two-Way
0
3.0 m
3.4 m
7.0 m
7.0 m
9.0 m
13.0 m
30
3.0 m
3.1 m
7.0 m
5.4 m
10.8 m
17.8 m
45
3.0 m
3.6 m
7.0 m
6.1 m
12.2 m
19.2 m
60
3.0 m
6.0 m
7.0 m
6.4 m
12.8 m
19.8 m
90
3.0 m
7.0 m
7.0 m
6.0 m
12.0 m
19.0 m
T I M I N G
10.3.2.
Any parking space or loading space provided shall be developed and surfaced within twelve (12) months
of the completion of the development for which the development permit was issued.
P A R K I N G S P A C E S U R F A C I N G A N D M A R K I N G
10.3.3.
Every off-street parking space provided or required in any Commercial District or the Institutional-
Recreational District and the access thereto, including the whole area contained within the municipal
land to which the curb crossing applies, shall be hard surfaced if the access thereto is from a street or
land that is hard surfaced. This regulation may be waived for change of occupancy, change of intensity,
or an accessory building or use class development permit.
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10.3.4.
Every off-street parking space provided or required in a Residential District and the access thereto,
including the whole area contained within the municipal land to which the curb crossing applies shall be
hard surfaced and if the access thereto is from a public roadway that is hard surfaced. This regulation
may be waived for change of occupancy, change of intensity, or an accessory building or use class
development permit.
10.3.5.
Every off-street parking space provided or required in an Industrial District and access thereto, including
the whole area contained within the municipal land to which the curb crossing permit applies, shall be
hard surfaced if such area lies in front of the principal building. Any area at the rear or side of the
principal building provided or required for off-street parking need not be hard surfaced but shall be of
such a surface as will minimize the carrying of dirt or foreign matter onto the road. This regulation may
be waived for change of occupancy, change of intensity, or an accessory building or use class
development permit.
10.3.6.
Every off-street parking or loading space and access thereto serving a dwelling, apartment, dwelling,
row house/townhouse or commercial development shall have a perimeter curb of cast-in-place
concrete or other material satisfactory to the Development Authority.
10.3.7.
Every off-street parking or loading space as described in 10.3.6 shall be delineated with white or yellow
paint.
10.3.8.
Where applicable, "Guest Parking", "Staff Parking", "Disabled Parking", "No Parking", and "Loading
Zone" areas shall be clearly marked.
10.4
LOADING AREAS
10.4.1.
Any loading space shall have at least 27.8 m2 of area, 3.1 m width and 4.3 m of overhead clearance.
10.5
BICYCLE PARKING LOCATION AND DESIGN STANDARDS
10.5.1.
A bicycle parking space shall be located on the same site as the building or the use for which it is
required and shall be designed, located and constructed so that:
a) it meets the needs of the intended parking purpose, addressing either class A, class B or both
bicycle parking needs as the site requires;
b) the bicycle racks are as close to an entrance as possible without impeding pedestrian access to the
building or use;
c) the bicycle parking racks are provided in a convenient, well-lit location that provides visual
surveillance by occupants of the building the racks are intended to serve. If the racks are not readily
visible to visitors to a site, directional signage to the racks shall be provided;
d) the racks provide a minimum width of 0.3 m and 1.8 m length for each bicycle;
e) bicycle parking is separated from vehicular parking by a physical barrier or a minimum 1.5 m of
open space; and
f)
bicycle parking spaces and accesses are located on a hard surface area.
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10.5.2.
Bicycle parking racks must be constructed of sturdy theft-resistant material and shall have secure theft-
resistant anchoring to a fixed structure or the ground.
10.5.3.
The bicycle rack shall support the bicycle frame above the centre of gravity, shall provide two (2) points
of contact with the frame, at least 0.2 m apart horizontally, and shall enable the bicycle frame and front
wheel to be locked with a U-style lock.
B I C Y C L E P A R K I N G R E Q U I R E M E N T S
10.5.4.
For a dwelling, apartment with four or more dwellings, the minimum number of bicycle parking spaces
shall be one (1) bicycle parking space per four (4) dwellings. An apartment with less than four (4)
dwellings does not require a parking space. Bicycle parking is not required for any other residential use.
10.5.5.
For commercial and public use classes, where on-site vehicle parking is provided, bicycle parking shall be
required at a ratio of one bike parking space per twenty (20) vehicle parking stalls. The minimum
number of bike parking spaces required should be two (2).
10.5.6.
No bicycle parking is required in the Industrial 2 District (M-2) and the Industrial 3 District (M-3).
10.5.7.
At least 10% of bicycle parking spaces should be Class A spaces.
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PART IV | ADMINISTRATION
GENERAL DEVELOPMENT
CONSIDERATIONS
11.1
VARIANCE
11.1.1.
A variance applies to the development regulations governing property dimensions, building placement,
size limits, and related requirements. Development regulations in this Bylaw may not always apply the
same way to different properties based on natural or human-made features.
11.1.2.
Fundamentally, and in accordance with Section 640(6) of the Act, the Development Authority shall
assess variances and determine if the proposed development would not:
a) unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the
use, enjoyment or value of neighbouring parcels of land; and
b) the proposed development conforms with the use prescribed for that land or building in the Land
Use Bylaw.
11.1.3.
Further to subsection 11.1.2, the Development Authority shall consider the following when assessing a
development permit application or subdivision approval application that includes a variance:
a) whether the variance contradicts the MDP or any other Statutory Plan;
b) whether the change significantly impacts the character of the surrounding built form;
c) whether the change significantly impacts the safety and enjoyment that may be expected by an
adjacent owner;
d) whether the variance is essential to enabling the development to proceed;
a)
whether the variance undermines the intent of the control; and
e) whether the variance results in an impact on municipal infrastructure.
11.1.4.
Should a variance be approved, the Development Authority may place conditions on the approval.
11.2
DISCRETIONARY USES
11.2.1.
A Discretionary Use application shall be assessed by the Development Authority based on the potential
impact it may have on adjoining lands, the greater community, the environment, infrastructure,
economy, society, etc., prior to making a decision, provided that assessments are limited to valid
planning objectives. When carrying out an assessment, the Town will be assessing to determine if the
impact on the surrounding parcels would be greater than a Permitted Use and whether the impact can
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be remedied, mitigated, or avoided. The criteria may require the applicant to pay for technical studies to
demonstrate to the Town that there is no, or little, impact related to the proposed use.
11.2.2.
If the process identifies there is a potential significant impact that cannot be remedied, mitigated, or
avoided, the Development Authority should decline the development permit.
11.2.3.
The Development Authority may assess Discretionary Use applications based on the following potential
impacts:
a) Visual Appearance;
b) Traffic;
c) Noise;
d) Odour;
e) Light;
f)
Dust;
g) Vibration;
h) Environmental;
i)
Municipal Infrastructure;
j)
Fiscal;
k) Cumulative;
l)
Safety;
m) Land Loss; and
n) Compatibility.
11.2.4.
Schedule B: Assessment Criteria describes the potential impacts and evaluation criteria in greater detail
and outlines the documentation the Development Authority may request from prospective developers
or landowners to submit alongside the standard development permit and subdivision applications.
11.2.5.
Prospective developers or landowners are recommended to contact the Town prior to submitting an
application to determine if specific information or studies are needed for an application.
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PROCEDURE FOR DEVELOPMENT
12.1
DEVELOPMENT PERMITS REQUIRED
12.1.1.
Except as provided in Section 3 and subsection 9.2 of this Bylaw, no person shall undertake any
development unless it is in accordance with the terms and conditions of a Development Permit issued
pursuant to this Bylaw, unless otherwise stated. If development is undertaken without a Development
Permit, the Town may require, by written order, that the contravention be remedied in accordance with
the Act and amendments thereto.
An approved development permit means that the proposed development has been reviewed against the
provisions of this Bylaw. It does not remove obligations to conform with other legislation, bylaws or land
title instruments such as the Act and amendments thereto or any caveat, covenant or easement that
may be attached to the site.
12.2
DEVELOPMENT PERMIT APPLICATIONS
12.2.1.
A development permit application shall be made by submitting the following to the Development
Officer:
a)
a completed development permit application signed by the owner or their agent;
b)
the application fee as prescribed by the Town's Fees Bylaw;
c)
any applicable development levies as prescribed by a Town Bylaw; and
d)
property tax payment as required so that the tax payments are current.
12.3
DEVELOPMENT PERMIT APPLICATION CONTENTS
12.3.1.
The Development Officer may require the following information, as deemed necessary, with the
application:
a)
a site plan identifying:
i.
existing and proposed buildings and structures,
ii.
off-street loading and parking areas,
iii.
landscaped areas,
iv.
garbage and storage areas,
v.
access and egress to the site,
vi.
location of culverts and crossings,
vii.
site and height dimensions for the above and the front, rear, and side yards; and
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Land Use Bylaw No. 2178
viii.
the location and dimensions of any temporary building or structure to be placed on site
during the construction phase of a development;
ix.
utilities, site drainage, grade elevations, existing and finished lot grades, the grades of the
streets and the location of proposed sewer and water lines;
x.
the legal description and municipal address;
b)
a landscaping plan;
c)
a lighting plan;
d)
a building floor plan and elevations;
e)
a statement of uses;
f)
a statement of ownership of land and interest of the applicant therein;
g)
the estimated commencement and completion dates;
h)
the estimated cost of the project or contract price;
i)
approvals from other authorities; and
j)
any additional information that may be required to evaluate the application, including but not
limited to: water testing, soil testing, a geotechnical report, a traffic impact assessment, a
stormwater management plan, a biophysical assessment, an environmental impact assessment, a
hydrological study, site topography and drainage patterns and survey information including
elevations.
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12.4
COMPLETE APPLICATIONS
12.4.1.
The Development Authority shall, within twenty (20) days after receipt of a development permit
application, determine whether the application is complete or incomplete.
12.4.2.
Notwithstanding subsection 12.4.1, the Development Authority can extend the period for determining
the completeness of a development permit application, based on a written agreement between the
Development Authority and the applicant.
12.4.3.
When, in the opinion of the Development Authority
a) sufficient details of a proposed development have been included with the application for a
development permit, the Development Officer shall issue a notice of complete application to the
applicant within the period provided for in subsection 12.4.1.
b) sufficient details of a proposed development have not been included with the application for a
development permit, the Development Officer shall issue a notice of incomplete application to the
applicant within the period provided for in subsection 12.4.1. The notice shall outline any
outstanding information or documents that must be provided by the applicant for the application to
be considered complete by a date stated in the notice or as agreed upon between the Development
Authority and the applicant.
12.4.4.
If the Development Authority does not make a determination on the completeness within twenty (20)
days of the receipt of the application, or the alternative time period as agreed upon in subsection 12.4.2,
the application is deemed to be complete by the Development Authority.
12.4.5.
If an applicant who has been issued a notice of incomplete application under subsection 12.4.1:
a) submits all the required information and or documents by the date given subsection 12.4.2, the
Development Officer shall, in a form and manner appropriate, issue a notice of complete
application to the applicant, if satisfied that the application is now complete; or
b) fails to submit all the required information and documents by the date given in subsection 12.4.2,
the application shall be deemed refused by the Development Authority.
12.5
INCOMPLETE APPLICATIONS
12.5.1.
Where an application for a development permit is determined to contain incorrect information, the
development permit shall not be issued until the information is corrected by the applicant.
12.5.2.
The approval of any application, drawing, or the issuing of a development permit shall not prevent the
Development Officer from thereafter requiring the correction of errors, nor from prohibiting the
development being carried out when the same is in violation of this Bylaw.
12.5.3.
In the event of a discrepancy between any written description or measurement and the drawings, the
written description or measurement shall prevail.
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12.5.4.
When a permit for a temporary use expires, a new application is required. Such application shall be dealt
with as a new application and there shall be no obligation to approve it on the basis that a previous
permit has been issued.
12.6
APPLICATION REFERRALS
12.6.1.
The Development Authority may refer a development permit application to any agency or department
to receive comment and advice.
12.6.2.
The Development Officer shall refer development permit applications to neighbouring municipalities
pursuant to and consistent with the applicable Intermunicipal Development Plan.
12.7
DEVELOPMENT PERMIT DECISIONS
12.7.1.
For the purpose of administrating this Land Use Bylaw, the Development Authority shall prepare such
forms and notices as he or she may deem necessary.
12.7.2.
The Development Authority shall consider and decide on development permit applications within forty
(40) days of the receipt of the application in its complete and final form. If a decision is not made within
forty (40) days of receipt of the application, the application shall, at the option of the applicant, be
deemed refused.
12.7.3.
If a decision is not made within the forty (40) days specified in subsection 12.7.2, the applicant may
enter into an agreement with the Development Authority to extend the forty (40) day period.
12.8
DEVELOPMENT PERMITS AND NOTICES
12.8.1.
The Development Authority shall provide the following public notices of a Development Permit
Application:
PRIOR TO DECISION
AFTER DECISION
APPROVAL OF A:
TO SURROUNDING
LANDOWNERS
PUBLISHED ON
TOWN'S WEBSITE
PUBLISHED ON
TOWN'S WEBSITE
Permitted Use
No
No
Yes
Variance
Yes
Yes
Yes
Discretionary Use
Yes
Yes
Yes
Application in a Direct
Control District
Yes
Yes
Yes
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12.8.2.
Notification of a development permit application for a Discretionary Use, a variance or a direct control
district shall be provided as follows:
a)
not less than five (5) days prior to a Development Permit decision, notice shall be mailed out by
ordinary mail to the municipal address and the registered address of property owners that are
adjacent to the site; and
b)
not less than five (5) days prior to a Development Permit decision, the Development Officer must
ensure the permit information is published on a publicly accessible web page.
12.8.3.
Notification of a development permit for a Permitted Use or a use in a direct control district shall be
provided as follows:
a)
on the same day a Development Permit application is approved, the Development Officer must
send a notice to the applicant; and
b)
within seven (7) days of a Development Permit being issued, the Development Officer must ensure
the permit information is published on a publicly accessible web page.
12.8.4.
Notification of a development permit for a Discretionary Use or a development permit with an approved
variance shall be provided as follows:
a)
on the same day a Development Permit application is approved, the Development Officer must
send a notice to the applicant; and
b)
within two (2) days of a Development Permit being issued, the Development Officer must ensure
the permit information is published on a publicly accessible web page.
12.8.5.
When an application for a development permit is refused, the Development Officer must send a notice
to the applicant that includes a statement of the reasons for refusal.
12.8.6.
A notice shall specify:
a)
the municipal and legal address of the site;
b)
a description of the development;
c)
the decision of the Development Authority;
d)
the date of the decision; and
e)
the right to appeal any conditions of that decision.
12.8.7.
In addition to the notification procedures outlined above, the Development Officer may also publish a
notice of an application or a notice of decision as deemed necessary:
a)
in the newspaper;
b)
on any of the Town's official social media sites;
c)
by individual notifications to affected persons;
d)
conspicuously on the site; or
e)
any combination thereof.
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12.8.8.
For the purposes of this Bylaw, notice of the decision of the Development Authority is deemed to have
been given on the day when the notice of decision was mailed electronically, or seven (7) days after the
notice of decision was mailed to the applicant, whichever is sooner.
12.9
CONDITIONS OF A DEVELOPMENT PERMIT
12.9.1.
The Development Authority may impose conditions on a Development Permit for a Discretionary Use,
including but not limited to the following considerations:
a) conformance to the recommendations arising from any testing, assessment, plan or report required
as part of the permit application.
b) as a condition of development permit approval, the Development Officer or the Municipal Planning
Commission shall require the applicant to make the necessary arrangements to ensure that all
property taxes and off-site levies are paid in full at the time of development permit approval to the
satisfaction of the Town;
c) In the case of new construction of a principal building, the Development Officer or the Municipal
Planning Commission may require, as a condition of approval, that a Real Property Report, signed by
an Alberta Land Surveyor, along with a signed authorization form or letter from the Alberta Land
Surveyor stating that the Town can utilize the Surveyor's Real Property Report for evaluating the
compliance of the building(s) that is (are) the subject of the development permit application, be
submitted by the owner/developer prior to or during the construction of the building foundation, or
siting in the case of mobile or portable units on permanent foundations, and prior to
commencement of framing or further structural construction, to ensure that the building(s) is (are)
sited according to the provisions of the development permit and this Bylaw;
d) conformance to recommendations from any professional studies required as part of the permit
application, relating but not limited to matters such as slope, stability, soil, traffic, noise, lighting,
flood plain, hydrology, topography, environment, traffic, utilities, storm water;
e) that the Developer enters into a development agreement;
f)
the Developer commit to repair or reinstate, or to pay for the repair or reinstatement to original
condition, any street furniture, curbing, sidewalk, boulevard landscaping and tree planting which
may be damaged or destroyed or otherwise harmed by development or building operations upon
the site.
g) ensuring that the development is constructed and maintained in accordance with the approved
plans;
h) ensuring that the development is constructed and maintained in accordance with the Town's
Servicing Standards;
i)
the implementation of landscaping;
j)
lighting;
k) measures to reduce noise, odour, dust, smoke or other nuisances;
l)
the compatibility of proposed traffic patterns and characteristics with those existing in the affected
neighbourhood;
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m) natural vegetation;
n) environmental contamination;
o) public safety;
p) existing structures;
q) easement(s), back sloping, road acquisition, road use and encroachment agreements;
r)
any measures to ensure compliance with applicable federal, provincial or other Town legislation
approvals;
s)
the timing of completion of any part of the proposed development;
t)
parking;
u) the provision and standard of accesses or approaches to the parcel in accordance to Town
standards;
v) repairs or reinstatement of original condition of road, streets or approaches which may be
destroyed or otherwise altered by development or building operations upon site, to the satisfaction
of the Development Officer;
w) the size, location, orientation, appearance and character of a building or other structure;
x) hours of operation including hours of the day, days of the week, or parts of the year;
y) the number of patrons;
z)
site grading;
aa) to provide security in a form acceptable under section 7.16 of this Bylaw to ensure the terms of the
permit approval are carried out;
bb) security deposit for completion of exterior finishes on moved on structures;
cc) the consolidation of parcels;
dd) completion of detailed plans and construction drawings illustrating the site layout, landscaping,
parking and building elevations, signs, stormwater management or utility servicing;
ee) the provision of a current Real Property Report (within two (2) years);
ff) enter into an agreement for temporary residency during construction of a primary dwelling;
gg) the temporary building or structure must be removed from a property within one (1) month after
an occupancy permit has been granted for the site; or
hh) and any other condition to ensure the proposed development is compatible with surrounding land
uses.
12.9.2.
The Development Authority may require, as a condition of a Development Permit approval, a
guaranteed security to ensure that all the required conditions are met. The security shall be in a form
acceptable under section 7.16 of this Bylaw having the value equivalent to 100% of the established cost
of the condition.
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12.9.3.
As a condition of development permit approval, the Development Officer or the Municipal Planning
Commission shall require the applicant to make the necessary arrangements to ensure that all property
taxes and off-site levies are paid in full at the time of development permit approval to the satisfaction of
the Town.
12.9.4.
The Development Authority may require a developer to provide a performance security in a form and
amount satisfactory to the Town to ensure completion of any requirement for onsite improvements or
conditions of approval of a development permit.
12.9.5.
The Development Authority may approve a time-limited Development Permit for a specified limited
period where it is the opinion of the Development Authority that the use is of a temporary nature or
should only be approved on a temporary basis.
12.9.6.
The Town may register a caveat pursuant to the provisions of the Act and the Land Titles Act in respect
of an agreement under this section against the Certificate of Title for the land that is the subject of the
development. Said caveat shall be discharged when the agreement has been complied with.
12.9.7.
All development is to be commenced within one (1) year of receiving a development permit and
completed within two (2) years of receiving a development permit unless an extension has been
granted.
12.9.1.
In the case of new construction of a principal building, the Development Officer or the Municipal
Planning Commission may require, as a condition of approval, that a Real Property Report, signed by an
Alberta Land Surveyor, along with a signed authorization form or letter from the Alberta Land Surveyor
stating that the municipality can utilize the Surveyor's Real Property Report for evaluating the
compliance of the building(s) that is (are) the subject of the development permit application, be
submitted by the owner/developer prior to or during the construction of the building foundation, or
siting in the case of mobile or portable units on permanent foundations, and prior to commencement of
framing or further structural construction, to ensure that the building(s) is (are) sited according to the
provisions of the development permit and this Bylaw.
12.10 VALIDITY OF DEVELOPMENT PERMIT
12.10.1. A development permit comes into effect twenty-one (21) days after its issuance unless an appeal is
lodged with the Appeal Board. Where an appeal has been filed with the Appeal Board, no development
shall commence pursuant to the development permit until all appeals are determined and the issuance
of the development permit has been upheld.
12.10.2. When an appeal has been made in respect of a development permit that has been approved, the
development permit which has been issued shall not come into effect until the appeal has been
determined, at which time the development permit may be modified or nullified thereby.
12.10.3. If the development authorized by a development permit is not commenced within one (1) year from the
effective date or carried out with reasonable diligence, the development permit approval ceases and the
development permit itself is deemed null and void, expired and without effect, unless an extension to
this time period has been granted by the Development Authority.
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12.10.4. If the development authorized by a development permit is not completed within twenty-four (24)
months from the effective date or carried out with reasonable diligence, the permit approval ceases and
the development permit itself is deemed null and void, expired and without effect, unless an extension
to this time period has been granted by the Development Authority.
12.10.5. It is the responsibility of the applicant to request, in writing, an extension to the development permit
prior to the expiration of the original development permit.
12.10.6. A standard condition of a development permit shall be imposed that if a use that is the result of a
Development Permit ceases to operate for a period of twelve (12) consecutive months, it shall be
considered void. A new application would be required by the applicant for the use.
12.11 DEVELOPMENT PERMIT EXTENSIONS
12.11.1. A development permit lapses and is automatically void if the development authorized is not commenced
within twelve (12) months from the date of issuing the permit, or within such longer periods not
exceeding twelve (12) months as may be approved by the Development Authority who approved the
original permit.
12.11.2. A development permit will only be extended providing all conditions remain the same. Should any
condition have changed from those of the original permit, a new development permit application must
be submitted.
12.11.3. It is the responsibility of the applicant to request, in writing, an extension to the development permit
prior to the expiration of the original development permit.
12.11.4. Council delegates the power to the Development Authority to extend periods of time related to
development permit approval as follows:
a)
development permit approval for a use which remains compatible with adjacent land uses and
which continues to conform to the Bylaw may be extended, in six (6) month increments, to a
maximum of two (2) years from the original approval date;
b)
a development permit approval extension may be granted one (1) time without the review of
conditions and there may be not more than two (2) additional extensions that are subject to the
applicant showing substantial completion of the majority of the conditions. The Development
Authority may grant three (3) extensions, but after the third extension the applicants are subject to
any amended regulations;
c)
a development permit approval where the use that would result from the development coming
into conflict with adjacent land uses or which no longer conforms to the Bylaw must not be
extended; and
d)
a development permit approval granted two (2) years from the date of the extended approvals may
not be extended.
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12.12 SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT
12.12.1. The Development Authority may cancel, suspend, or modify a permit if:
a)
there is a misrepresentation in the application;
b)
relevant facts were not disclosed during the application process;
c)
the Permit was issued in error;
d)
the applicant withdraws the application in writing; or
e)
the Development ceases operation for twelve (12) or more months.
12.12.2. Persons affected by a permit cancellation, suspension or modification may appeal to the Appeal Board
as per Section 14.
12.12.3. This Bylaw may be enforced, and the contravention of any provisions contained herein restrained, by
the Alberta Court of King's Bench upon action brought by Council, whether any penalty has been
imposed for the contravention.
12.12.4. A person who:
a)
contravenes any provision of the Act or the regulations under the Act;
b)
contravenes this Bylaw;
c)
contravenes a development permit or subdivision approval or a condition attached thereto; or
d)
obstructs or hinders any person in the exercise or performance of his powers or duties under the
Act, the regulations under the Act or this Bylaw;
is guilty of an offense and is liable to a fine prescribed in the Act.
12.12.5. If a person is found guilty of an offense under this Bylaw or the Act, the court may, in addition to any
other penalty imposed, order the person to comply with:
a)
the Act and the regulations under the Act;
b)
this Bylaw; and
c)
a development permit or subdivision approval or a condition attached to a development permit or
subdivision approval.
12.12.6. Any written notice, order, or decision that is required to be provided to any person, by any provision of
this Bylaw, shall be deemed to have been so provided if it is:
a)
delivered personally to the person or their agent it is directed to;
b)
delivered by registered mail to the last known address of the person it is directed to; or
c)
left with any agent or employee or resident at the last known address of the person to whom it is
directed.
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12.12.7. Where a person fails or refuses to comply with an order directed to him or her pursuant to this Bylaw or
an order of the Appeal Board under the Act within the time specified, Council or a person appointed by
it may, in accordance with the Act, enter upon the land or building and take such action as is necessary
to carry out the order. Where an order has not been complied with, Council may register a caveat
against the title of the subject property related to the order. Costs and expenses incurred in carrying out
the order may be placed on the tax roll for the subject property and shall be collected in the same
manner as municipal taxes.
12.12.8. The Development Officer may cancel a development permit where required property taxes, application
fees, off-site levies or any other fee required as a condition of a development permit have not been
received.
12.13 REAPPLICATION FOR A DEVELOPMENT PERMIT
12.13.1. When an application for a development permit has been refused pursuant to this Bylaw or ultimately
after appeal, another application for a development permit on the same parcel of land for the same or
similar use of the land should not be accepted by the Development Officer until six (6) months after the
date of the refusal.
12.13.2. The Development Officer may accept the submission of an application for a development permit with a
substantive change within a lesser time frame.
12.14 DEVELOPMENT AGREEMENT
12.14.1. Pursuant to Section 650 (1) of the Act, the Development Authority may require that as a condition of
issuing a development permit, the applicant enter into a development agreement with the Town to do
any or all of the following:
a)
to construct or pay for the construction of a road required to give access to the development;
b)
to construct or pay for the construction of
i.
a pedestrian walkway system to serve the development, or
ii.
pedestrian walkways to connect the pedestrian walkway system serving the development
with a pedestrian walkway system that serves or is proposed to serve an adjacent
development, or both;
c)
to install or pay for the installation of a public utility, that is necessary to serve the development,
whether or not the public utility is, or will be, located on the land that is the subject of the
development;
d)
to construct or pay for the construction of
i.
off-street or other parking facilities, and
ii.
loading and unloading facilities;
e)
to pay an off-site levy or redevelopment levy imposed by bylaw;
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f)
to carry out landscaping in accordance with an approved landscape plan; or
g)
to give security to ensure that the terms of the agreement under this section are carried out.
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PROCEDURE FOR SUBDIVISION
13.1
SUBDIVISION APPLICATIONS
13.1.1.
Subdivision applications shall be completed and submitted to the Subdivision Authority in writing or
electronically for any proposed subdivision, using the subdivision application form.
13.1.2.
All subdivision applications should include the following mandatory subdivision application
requirements:
a)
a complete subdivision application form with the signature of the owner(s) or an agent authorized
by the owner(s) to prepare and submit the application;
b)
permission for reasonable right-of-entry by Town staff for site inspection;
c)
current Certificate of Title dated within thirty (30) days prior to the application date;
d)
location of existing and abandoned well and battery sites, or a declaration stating that there are not
present;
e)
a site plan, to scale and in metres, indicating the location, dimensions, and boundaries of the parcel
to be subdivided;
f)
the proposed lot(s) to be registered in the Land Titles Office;
g)
a site plan indicating the location, dimensions, and boundaries of:
i.
every new lot to be created,
ii.
municipal and environmental reserves,
iii.
easements and utility rights-of-way,
iv.
internal roads,
v.
land uses,
vi.
water and wastewater servicing,
vii.
stormwater servicing,
viii.
location of buildings and their support infrastructure (e.g. accessory building or structure),
if applicable; and
h)
all applicable fees.
13.1.3.
The Subdivision Authority, at its discretion, may also request other information as deemed necessary.
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13.2
COMPLETE SUBDIVISION APPLICATIONS
13.2.1.
The Subdivision Authority shall receive all subdivision applications and determine within twenty (20)
days after the receipt of the application whether it is complete in accordance with the information
requirements of this Bylaw, in accordance with Section 653.1 of the Act.
13.2.2.
If the Subdivision Authority does not make a decision within twenty (20) days, and a time extension has
not been agreed between the applicant and the Subdivision Authority, the subdivision application shall
be deemed complete.
13.2.3.
The Subdivision Authority shall inform the applicant by electronic, or standard mail, within twenty (20)
days after the receipt of a subdivision application that the application is considered complete.
13.3
INCOMPLETE SUBDIVISION APPLICATIONS
13.3.1.
If an application is found incomplete, the Subdivision Authority shall inform the applicant by electronic,
or standard mail of the outstanding documents and information to be submitted within a specified
timeframe to be considered a complete application.
13.3.2.
If the applicant refuses or fails to submit all information within the specified timeframe, the application
will be refused.
13.3.3.
After the outstanding documents and information are submitted and reviewed to determine if the
application is complete, the Subdivision Authority shall inform the applicant by electronic, or standard
mail to confirm the application is complete.
13.3.4.
In accordance with the Act, additional information or documentation necessary to review a subdivision
application may be required from the applicant during a file review.
13.3.5.
If a subdivision application is deemed incomplete because the applicant/owner fails to provide the
information within the agreed timeframe, the application shall be refused with reasons by the
Subdivision Authority unless the applicant had previously expressed, in writing, to have the subdivision
application withdrawn or agreed to an extension in writing.
13.4
SUBDIVISION APPLICATION REFERRALS
13.4.1.
The Subdivision Authority shall refer subdivision application in alignment with subsection 13.1.2 and the
Matters Related to Subdivision and Development Regulation.
13.4.2.
After fourteen (14) days from the date of referral to authorities, agencies, or landowners, the
Subdivision Authority may decide on the subdivision application, whether or not comments have been
received.
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13.5
SUBDIVISION DECISION TIME PERIOD
13.5.1.
If the Subdivision Authority fails to make a decision on an application for subdivision within sixty (60)
days of the date on which the application was accepted, the applicant may, within fourteen (14) days
after the sixty (60) day period has expired:
a)
Enter into an agreement with the Subdivision Authority to extend the period beyond sixty (60)
days; or
b)
Treat the application as "deemed refused" and file an appeal.
13.5.2.
If the subdivision application is refused, the Subdivision Authority shall not accept an application for
subdivision from the applicant in respect of the same lands for six (6) months following the decision.
13.6
SUBDIVISION APPLICATION DECISIONS
13.6.1.
The Subdivision Authority for the Town must receive, consider, and make decisions on all subdivision
applications.
13.6.2.
The Subdivision Authority shall assess subdivision applications based on the Act, the Matters Related to
Subdivision and Development Regulation, the statutory plans and the policies of the Town, and the
regulations in this Bylaw.
13.6.3.
In their decision, the Subdivision Authority may:
a)
approve an application with conditions;
b)
refuse the application; or
c)
if the applicant fails to submit all the outstanding information and documents on or before the date
referred in notification to the applicant of an incomplete application, the application is deemed to
be refused.
13.6.4.
If the Subdivision Authority refuses an application, reasons for the Subdivision Authority's decision must
be provided in writing.
13.6.5.
The Subdivision Authority may impose conditions considered appropriate for the development and as
provided for in the Act, the Matters Related to Subdivision and Development Regulation or in this Bylaw
on a subdivision approval.
13.6.6.
A subdivision application that creates a new lot or boundary adjustment where an existing dwelling or
other activity requires on-site servicing shall not be approved unless the Subdivision Authority is
satisfied that that sanitary servicing can be adequately provided on-site.
13.6.7.
A subdivision application that creates a new lot or boundary adjustment where an existing dwelling or
other activity requires on site water supplies of sufficient quality and quantity shall not be approved
unless the Subdivision Authority is satisfied that on-site water is available to support the existing and
proposed future development on the new lot, which may also include on-site water storage to meet the
development's fire suppression requirements.
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13.6.8.
A subdivision application shall not be approved unless the Subdivision Authority is satisfied with the
management of stormwater and the subdivision can meet the Town's General Municipal Servicing
Standards.
13.6.9.
New subdivision(s) shall not be permitted on land that is within the regulated setback areas for
wastewater, sewage lagoon, or sour gas facilities where a dwelling, school, hospital, or food
establishment could not be developed on the lot because of the setback regulations, unless a caveat is
registered against the title prohibiting these uses.
13.7
APPROVED SUBDIVISION ENDORSEMENT TIME PERIOD
13.7.1.
The plan of subdivision or instrument must be submitted to the Subdivision Authority for endorsement
within one (1) year of the subdivision's approval date or by the time prescribed by the Subdivision
Authority beyond one (1) year; otherwise, the subdivision approval is void.
13.7.2.
The plan of subdivision or instrument must be submitted to the Land Titles office for registration within
one (1) year from the time of endorsement; otherwise, the subdivision approval of the plan or
instrument and the endorsement is void.
13.7.3.
The Subdivision Approval Authority may grant an endorsement extension in one (1) year increments, to
a maximum of five (5) years from the original endorsement date.
13.8
SUBDIVISION APPROVAL TIME EXTENSIONS
13.8.1.
Pursuant to Section 623 of the Act, Council delegates the power to the Subdivision Authority to extend
periods of time related to subdivision approvals as follows:
a)
a subdivision approval for a use which remains compatible with adjacent land uses and which
continues to conform to the Bylaw may be extended, in one (1) year increments, to a maximum of
five (5) years from the original approval date;
b)
a subdivision approval extension may be granted one (1) time without the review of conditions and
there may be not more than three (3) additional extensions that are subject to the applicant
showing substantial completion of the majority of the conditions. The Subdivision Authority may
grant three (3) extensions, but after the third extension the applicants are subject to any amended
policies;
c)
a subdivision approval where the use that would result from the subdivision coming into conflict
with adjacent land uses or which no longer conforms to the Bylaw must not be extended; and
d)
a subdivision approval granted five (5) years from the date of the extended approvals may not be
extended.
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13.9
SUBDIVISION APPROVAL SERVICING
13.9.1.
All approved subdivisions must enter into a Deferred Services Agreement as a condition of approval
providing that if municipal servicing becomes available to a particular subdivision, the owner(s) will be
required to connect to the municipal service.
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APPEAL PROCESS
14.1
PROCEDURE FOR APPEALS
14.1.1.
A decision on a development permit application may be appealed by serving a written notice of appeal
to the Clerk within twenty-one (21) days from the date the decision on the development permit has
been published or provided pursuant to this Bylaw.
14.1.2.
A decision on a subdivision application may be appealed by serving a written notice of appeal to the
Clerk within fourteen (14) days from the date the decision on the subdivision approval has been
published or provided pursuant to this Bylaw.
14.1.3.
No appeal shall be accepted by the Clerk without the submission of the appeal fee.
14.1.4.
When a notice has been served to the Clerk with respect to a decision to approve an application for a
development permit, the subdivision decision or development permit shall not be effective before:
a)
the decision on the subdivision decision or development permit has been made by the Appeal
Board; or
b)
the Clerk to the Appeal Board has received written notification from the appellant that the appeal
has been abandoned.
14.1.5.
If the decision to approve a subdivision application or a development permit application is reversed by
the Appeal Board, the subdivision approval or the development permit shall be null and void.
14.1.6.
If the Appeal Board reverses the decision of the Subdivision or Development Authority to refuse an
application, the Subdivision Officer or Development Officer shall issue a subdivision approval or a
development permit in accordance with the board's decision.
14.1.7.
If the decision to approve a subdivision application or development permit application is varied by the
Appeal Board, the Subdivision Officer or Development Officer shall issue a subdivision approval or a
development permit in accordance with the terms of the decision of the Board.
14.2
PERSONS TO BE HEARD AT THE HEARING
14.2.1.
At the hearing of a development permit appeal, the Appeal Board must hear:
a)
the appellant or any person acting on behalf of the appellant;
b)
a municipality or any of those to whom the application was referred to in accordance with this
Bylaw and the Act;
c)
the Development Authority from whose order, decision or development permit the appeal is made,
or the person acting on their behalf; and
d)
any other person who claims to be affected and that the Appeal Board agrees to hear or someone
acting on that person's behalf.
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14.2.2.
At the hearing of a subdivision appeal, the Appeal Board must hear:
a)
a person or entity that was notified pursuant to the Act;
b)
each owner of adjacent land to the land that is the subject of the appeal;
14.3
OR A PERSON ACTING ON ANY OF THOSE PERSONS' BEHALF.APPEAL
DECISION
14.3.1.
In determining a development permit appeal, the Appeal Board shall comply with the Act and the
Matters Related to Subdivision and Development Regulation.
14.3.2.
The Appeal Authority must give its decision in writing together with reasons for the decision within
fifteen (15) days of concluding the hearing.
14.4
COURT OF APPEAL
14.4.1.
In accordance with Section 688(1) of the Act, an appeal lies to the Court of Appeal on a question of
jurisdiction or law with respect to a decision of the Appeal Board.
14.4.2.
An application for permission to appeal in accordance with subsection 14.4.1 must be filed and served
within thirty (30) days after the issuance of the decision sought to be appealed, and notice of the
application must be given to:
a)
the Town;
b)
the Appeal Board; and
c)
any other person(s) that the judge directs.
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ENFORCEMENT AND PENALTIES
15.1
ENFORCEMENT
15.1.1.
In accordance with the Act, the Subdivision and Development Authority may enforce provisions of the
Act and the Matters Related to Subdivision and Development Regulation, the conditions of a
development permit, subdivision approval, and this Bylaw.
15.2
PROHIBITIONS AND CONTRAVENTIONS
15.2.1.
No person shall:
a)
Undertake or authorize any development or use not permitted by this Bylaw.
b)
Develop in a manner that deviates from approved development permit or subdivision approval,
descriptions, specifications, or plans.
c)
Contravene any conditions of permits or approvals under this Bylaw.
15.3
PERMIT CONDITIONS AND VARIATIONS
15.3.1.
No person shall:
a)
Permit contraventions on parcels they own or occupy.
b)
Modify approved descriptions, specifications, or plans without approval.
c)
Develop signs that do not comply with sign regulations, except as exempt in Section 9.2.
15.4
PROPERTY INSPECTION AND ENFORCEMENT
15.4.1.
A Designated Officer may inspect in accordance with the Act.
15.4.2.
The Town may enforce this Bylaw, regulations, subdivision approvals, and development permits through
written notices, stop orders, financial penalties, or other authorized actions.
15.5
OFFENCES AND PENALTIES
15.5.1.
Violations of this Bylaw are offences, punishable by fines up to a maximum of $5,000 and no less than
$1,000 as specified below. Specified penalties are:
a)
1st Offence: $1,000
b)
2nd Offence: $2,000
c)
3rd and subsequent Offence: $5,000
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15.5.2.
Penalties are cumulative for multiple offences.
15.5.3.
In accordance with the Provincial Offences Procedure Act, a Peace Officer may issue a Violation Ticket
where there is a contravention of this Bylaw.
15.5.4.
A Violation Ticket may be issued for a non-compliant Development or Development without approval.
15.5.5.
Payment of fines does not absolve noncompliance; further fines may be issued until compliance is
achieved.
15.6
STOP ORDERS
15.6.1.
If a development or use of land does not comply with the Act, Bylaw, subdivision approval, or permit,
the Development Authority may issue a written stop order under section 645 of the Act to:
a)
Halt development or use.
b)
Demolish, remove, or replace the development.
c)
Take other required actions to ensure compliance.
15.6.2.
Stop Orders must state:
a)
The contravention and relevant provisions.
b)
Steps to correct the contravention.
c)
A compliance deadline.
d)
The right to appeal to the Appeal Board.
15.6.3.
Costs for carrying out orders may be added to the property tax roll if unpaid and collected as municipal
taxes.
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BYLAW AMENDMENTS
16.1
AMENDMENTS TO THIS BYLAW
16.1.1.
The Town on its own initiative may choose to undertake an amendment to this Bylaw.
16.2
CONTENTS OF AN AMENDMENT APPLICATION
16.2.1.
All applications for amendment to this Land Use Bylaw shall be made to the Development Officer in
writing on the prescribed form, and shall be accompanied by the following:
a)
if the amendment involves the re-designation of land to a different land use district:
i.
a copy of the certificate of title for the lands affected, or any other document satisfactory
to the Development Officer verifying that the applicant has a legal interest in the land; or
ii.
where the applicant is an agent acting for the owner, written confirmation from the
owner(s) in a format acceptable to the Development Officer must be provided verifying the
agent's authority to make the application;
b)
a statement of the rationale for the proposal to amend the Bylaw;
c)
such additional information as the Development Officer may require; and
d)
a signed certificate, by the applicant, authorizing the right-of-entry by the Development Authority
to such lands or buildings as may be required for investigation of the proposed amendment.
16.2.2.
Each amendment application shall be accompanied by a non-refundable application fee.
16.2.3.
The Development Officer may refuse to process an application to amend the Bylaw if the information
required has not been supplied or if, in their opinion, it is of inadequate quality to properly evaluate the
application.
16.3
AMENDMENT PROCEDURE
16.3.1.
Upon receipt of a complete land use bylaw amendment application, the Development Officer should
ensure that the application is:
a)
Referred to the Municipal Planning Commission for consideration and recommendation to be made
at the Public Hearing;
b)
Circulated internally for comment from the Town administration; and
c)
Presented to the Council for first reading.
16.3.2.
The application may be referred to Town departments or other authorities as deemed necessary for
comment and advice.
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16.3.3.
A notice of the proposed amendment shall be made in compliance with the Act, and the Town's
Advertising Bylaw, as amended or replaced, and section 16.3.4. The notice shall contain:
a)
the legal description of the land, if applicable;
b)
the purpose of the proposed amending Bylaw;
c)
the location where a copy of the proposed amending Bylaw may be inspected by the public;
d)
the one (1) or more dates, places and time that the Council will hold a public hearing on the
proposed amending Bylaw; and
e)
an outline of the procedures to be followed by anyone wishing to be heard at the public hearing.
16.3.4.
Where a use is proposed to be added to a land use district for the purpose of allowing that use on a
specific parcel within that district, written notice of the bylaw amendment shall be given to each owner
of adjacent land, as described in section 692(4)(c).
16.3.5.
Council, after considering:
a)
any representations made at the public hearing; and
b)
any intermunicipal development plan, municipal development plan, area structure plan or area
redevelopment plan affecting the application and the provisions of this Bylaw,
may make such changes as it considers necessary to the proposed amendment, if any, and proceed to
pass the proposed amendment; or defeat the proposed amendment.
16.4
REAPPLICATION FOR A LAND USE BYLAW AMENDMENT
16.4.1.
If an application for a Land Use Bylaw amendment is refused, another application for a Land Use Bylaw
amendment on the same parcel and same or similar use should not be accepted for a period of six (6)
months from the date of refusal.
16.5
APPLICATION FEE REIMBURSEMENT
16.5.1.
If a proposed amendment is one that is applicable to and for the benefit of the Town at large, most of
the persons affected in one area, or most of the persons affected in one district, then the Council may
direct that the application fee be returned to the applicant and that the Town pay application and
process related costs that the applicant had been required to pay.
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PART V: DEFINITIONS
TERMS AND WORDS
17.1
GENERAL
17.1.1.
Use class categories, as set out in this section, group use classes with common functional or physical
impact characteristics. A use class groups individual land uses with common functional or physical
impact characteristics. The use classes of this section are used to define the range of uses which are
Permitted or Discretionary within the various districts of this Bylaw. The following guidelines shall be
applied in interpreting the use class definitions:
a) the typical uses, which may be listed in the definitions, are not intended to be exclusive or
restrictive. Reference should be made to the definition of the use class in determining whether or
not a use is included within a particular use class;
a)
where a specific use does not conform to the wording of any use class definition or generally
conforms to the wording of two (2) or more use class definitions, the Development Officer may, in
their discretion pursuant to subsection 2.1.1, deem that the use conforms to and is included in that
use class which they consider to be the most appropriate in character and purpose; and
b)
the use class headings such as residential or commercial do not mean that the use classes listed
under these headings are permitted only in Residential or Commercial Districts of this Bylaw.
Reference must be made to the lists of Permitted and Discretionary Use classes within each district.
17.2
USE DEFINITIONS
RESIDENTIAL USES
ACCESSORY DWELLING UNIT
means a self-contained dwelling unit, that is located within or on the same
titled parcel and is accessory and clearly secondary to a principal dwelling
that meets the Alberta Building Code or CSA A277. Accessory dwelling
units include garden suites, garage suites, and secondary suites.
COMMUNAL LIVING
means an arrangement of dwellings as an integral part of cooperative
living, enabling innovative housing options, or operated by a recognized
communal organization.
DWELLING, APARTMENT
means development consisting of one or more dwellings contained within
a building in which the dwellings are arranged in any horizontal or vertical
configuration, which does not conform to the definition of any other
residential use class.
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DWELLING, CARETAKER'S
RESIDENCE
means a dwelling that is secondary or accessory to the principal industrial,
commercial or public use, located on the same lot and is used for the
purpose of providing living accommodation for the individual who is
primarily responsible for the maintenance and security of the principal use
on that lot. A caretaker dwelling unit shall not be subject to separation
from the principal development through a plan of subdivision.
DWELLING, GROUP CARE
means the use of a dwelling unit as a facility that is authorized, licensed or
certified by a provincial authority to provide living accommodation for four
(4) residents or fewer, exclusive of staff, and to provide for the personal
rehabilitation of its residents either through self-help or professional care,
guidance and supervision. This includes supervised facilities such as group
homes, halfway houses for persons under jurisdiction of the federal or
provincial justice system, resident schools, resident facilities, boarding
homes, and psychiatric care facilities, but does not include foster homes. A
group care facility may provide professional care, rehabilitation, guidance
or supervision for physically, mentally, socially or behaviourally challenged
persons on a permanent or temporary basis, depending on need. The
residential character of the development shall be maintained with the
occupants living together as a single housekeeping group using shared
kitchen facilities. A group care facility may incorporate accommodation for
resident staff as an accessory use.
DWELLING, MANUFACTURED
HOME
means a prefabricated detached dwelling unit that meets Canadian
Standards Association (CSA) A277 standards and the requirements of the
Alberta Building Code. This residential building contains one (1) dwelling
unit, is manufactured in a controlled environment and is transported from
one place to another as a single unit, or in two (2) sections if a double-wide
unit. Whether originally equipped with a heavy transport chassis, a hitch
and wheel assembly or not, a dwelling, manufactured home does not
require a permanent foundation, is commonly placed on foundation
supports such as wood blocks, and is skirted. This definition applies to both
single section and double-section models, but does not apply to modular
buildings, or recreational vehicles.
DWELLING, ROW
HOUSING/TOWNHOUSE
means a development consisting of a residential building designed and
built to contain four (4) or more dwelling units that shares no more than
two (2) party walls with adjacent dwelling units and intended as a
permanent residence. No part of a dwelling unit is placed over another in
part or in whole and every dwelling unit shall have separate, individual
direct access to grade.
DWELLING, SEMI-DETACHED
means development consisting of only two (2) dwellings, each
accommodating one (1) household, situated side by side and sharing a
common wall. Each dwelling shall have a separate, individual, and direct
access to grade, with no interior access connections, and no common
means of access with other dwellings.
DWELLING, SINGLE DETACHED
means a building containing one (1) primary dwelling unit which is
separate from any other primary dwelling unit or building on a parcel.
Single detached dwellings include any other building/ structure that meets
the Alberta Building Code or CSA A277 for permanent occupancy (such as
tiny homes and modular homes).
DWELLING, TRIPLEX
means a development consisting of a residential building containing three
(3) dwelling units located immediately adjacent to each other and sharing a
common wall and each having a separate entrance to grade.
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MANUFACTURED HOME PARK
means a comprehensively planned development for the placement and
occupancy of new or previously occupied manufactured dwellings as
residences which is managed by an operator and may include amenity
areas and accessory facilities for the use and maintenance of the residents.
Manufactured home park does not include transient uses such as
campgrounds.
SUPPORTIVE HOUSING
means a residential development for elderly, disabled persons or persons
that require additional care, with on-site or off-site supports to ensure
their daily needs are met. This includes but is not limited to seniors'
housing, independent living, supportive living, long-term care facilities, and
complex care. This use class does not include dwelling, group care.
COMMERCIAL USES
ARTISANAL WORKSHOP
means the use of a premises for the creation and production of arts or
crafts for sale to the general public and includes but is not limited to the
small scale production of pottery, sculpture, painting, garment makers,
tailors, jewelers, shoe repair, soap or candle production and similar arts
and crafts which do not include the use of toxic or hazardous materials,
result in excessive noise or require the outdoor storage of materials.
BUSINESS SUPPORT SERVICES
means a development that provides support services to businesses. This
includes but is not limited to print services; janitorial services; and office
equipment repairs and sales.
CANNABIS LOUNGE
means a development where the primary purpose of the facility is the sale
of cannabis to the public, for the consumption of within the premises that
is authorized by provincial or federal legislation. This does not include
cannabis production and distribution.
CASINO
means a development where gambling and gaming are the primary
activities as regulated by Alberta Gaming, Liquor and Cannabis (AGLC).
CHILDCARE FACILITY
means a development licensed by the province to provide care, education
and supervision to children. This includes but is not limited to day care
centres; play schools; and nursery schools. This does not include home-
based childcare intended to provide temporary care for up to six (6) non-
resident children.
COMMERCIAL, GENERAL
means a development where products or services are sold to consumers,
that is not included in any other use category of this bylaw and where the
development authority determines that the proposed business may be
considered without an amendment to the Land Use Bylaw.
COMMERICAL, GREENHOUSES
means a development where vegetables, flowers and other plants are
grown for sale as plants or seeds. This includes but is not limited to plant
nurseries; garden centres; and market gardens.
CONTRACTOR SERVICES
means a development used for providing building construction,
landscaping, concrete, electrical, plumbing, heating, drain cleaning,
woodworking, and similar services of a construction nature which typically
require on-site storage space for materials, construction equipment or
vehicles normally associated with the contractor service. Any sales, display,
or office area shall be accessory to the principal general contractor
services use.
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DOMESTIC ANIMAL CARE
SERVICES
means a development that provides for the care or training of domestic
animals but does not include overnight care of the animal. This includes
but is not limited to dog and cat day care services and grooming services.
ESTABLISHMENT, BARS AND
PUBS
means a development licensed to serve alcoholic beverages for
consumption on the premises as regulated by Alberta Gaming, Liquor and
Cannabis (AGLC) where patrons may be limited based off their age
ESTABLISHMENT, BREWERY,
WINERY AND DISTILLERY
means a use where an alcoholic beverage(s) is manufactured, packaged
and served on-site. The development is licensed by the Alberta Gaming,
Liquor and Cannabis (AGLC). This use does not include developments that
are classed as "large manufacturer" from the AGLC. Developments that are
classed as "large manufacturer" or do not include on-site service may be
considered under the General Industrial use of this Bylaw.
ESTABLISHMENT,
RESTAURANT
means a development used for the sale of prepared food and beverages to
the public for on-site or off-site consumption. This includes but is not
limited to fast food establishments, cafes and restaurants.
FARMERS MARKET
means a market primarily used for selling goods produced in agricultural
operations, and operates on a permanent basis but temporary occurrence,
and can include the use of a building, structure, or lot for the purpose of
selling various produce, meat, seafood, crafts, and may include concession
sales, or an establishment, restaurant.
FUNERAL AND RELATED
SERVICES
means a development that prepares the deceased for burial, the
purification and reduction of the human body by heat or the keeping of
bodies other than in a cemetery and the holding of associated services.
This includes but is not limited to funeral homes, mausoleums, cinerarium,
and columbarium.
GAS STATION
means a commercial establishment for the sale of automotive fuels,
lubricating oils and associated automotive products for vehicles. Accessory
uses may include a car wash, convenience store, towing service, the sale of
automotive accessories. This use includes gas bars.
MEDIA STUDIO
means a development used for the creation, rehearsal, or production of
audio or visual materials that are broadcasted or otherwise communicated
through technological means to an off-site consumer. Typical uses include
internet content providers and radio, television, and motion picture
studios.
PERFORMANCE AND EVENT
VENUE
means a location where either a performance or event occurs that involves
bringing in outside performers to entertain an audience by means of
singing or playing music, acting, dancing, comedy, reciting poetry, or other
types of oral presentations.
PROFESSIONAL OFFICE
means a development that provides professional, management,
administrative, consulting, or financial services to consumers. This
includes, but is not limited to accountants, architects, engineers, lawyers,
banks, insurance companies, and real estate firms.
PERSONAL SERVICE SHOPS
means a development that provides personal services to an individual. This
includes, but is not limited to barbershops, hairdressers, esthetics, beauty
salons, tailors, dry cleaning establishments and laundromats.
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RETAIL, CANNABIS OR LIQUOR
STORE
means a building used or primarily used for the retail sale of cannabis or
alcoholic beverages for off-site consumption that is authorized by
provincial or federal legislation. This may include the retail sale of cannabis
accessories as approved by Alberta Gaming, Liquor & Cannabis (AGLC).
RETAIL, CONVENIENCE STORE
means a development used for the retail sale of goods and services. This
includes, but is not limited to small grocery stores, drug stores, and
convenience stores.
RETAIL, SHOPPING CENTRE
means a development comprised of a unified group of buildings or uses
within a building with more than one (1) commercial use primarily being
retail and personal services and, on a site, comprehensively planned,
developed and managed as a single commercial operating unit with shared
on-site parking where the intended uses comply with the subject district.
RETAIL, STORE
means a building where goods, wares, merchandise, substances, articles,
or things are stored, offered or kept for sale at retail prices and includes
storage on or about the store premises of limited quantities of such goods,
wares, merchandise, substances, articles or things sufficient only to service
the store but does not include any retail outlet otherwise listed or defined
in this Bylaw.
TRUCK STOP
means the provision of facilities including a gas station and restaurant for
the temporary parking of licensed tractor/ trailer units. A truck stop may
also include a convenience store and restaurant facilities and may include
overnight accommodation facilities solely for the use of truck crews.
VETERINARY SERVICES
means a development such as a hospital or shelter used for the temporary
accommodation, care, treatment, or impoundment of animals. This
includes, but is not limited to animal veterinary clinics, animal hospitals,
shelters, and veterinary offices. This use does not include boarding and
breeding facilities.
VISITOR ACCOMMODATION
means a building or group of buildings not intended for residential use
where sleeping facilities are provided for persons on a temporary basis and
includes hotels and motels. Visitor accommodation may also contain
recreational facilities, commercial uses and additional facilities including
but not limited to eating establishments, drinking establishments, room
service, personal services, meeting rooms, public convention rooms, and
laundry service. This does not include bed and breakfast establishments.
WAREHOUSE SALES AND
STORAGE FACILITIES
means a development used for the wholesale, retail sale or storage of
bulky goods, typically within an enclosed building, although there may be
some instances where products are located outside, where the warehouse
or storage component occupies at least fifty (50) percent of the gross floor
area. This includes, but is not limited to furniture, appliance, and building
material sales.
INDUSTRIAL USES
AUCTIONEERING SERVICES
means a building or land used for the storage of goods, equipment,
livestock or other animals, which are to be sold on the premises by auction
and for the sale of the said goods, equipment, livestock or other animals,
by auction on a regular basis.
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AUTOMOTIVE ELECTRICAL
SERVICES
means a use where the primary activity is specialty motor vehicle services
that specialize in the installation of aftermarket electrical accessories such
as remote starters, anti-theft systems, stereo and audio-visual systems,
and ignition interlocks. This use shall not include the mechanical repairing
of motor vehicles that typically occurs at a vehicle garage, service station
or autobody shop.
AUTOMOTIVE, EQUIPMENT
AND RECREATIONAL VEHICLE
SALES AND SERVICE
means development used for the rental, lease, sale, storage, service,
restoration, inspection or mechanical repair of automobiles, trucks,
trailers, motorcycles, snowmobiles, motor homes, tent trailers, boats,
travel trailers or similar light recreational vehicles. Accessory uses may
include transmission shops, muffler shops, autobody paint and repair
facilities.
AUTO WRECKING AND
SALVAGE YARDS
means a development where decommissioned vehicles and other
equipment are brought for dismantling, with their useable parts are sold
for use in operable vehicles and equipment, and their unusable parts are
sold for metal recycling purposes. Auto wrecking and salvage yards are
not to be considered landfills for waste.
BUILDING MATERIAL AND
SUPPLY OUTLET
means wholesale or retail buildings or yards catering primarily to general
contractors and sub-trades. This does not include stores intended to cater
primarily homeowners, which would be classed as general retail.
BULK FUEL SALES
means lands, buildings, and structures for the bulk storage and distribution
of petroleum products. This does not include gas stations.
CANNABIS CULTIVATION,
PROCESSING AND
DISTRIBUTION
means the cultivation, processing or distribution of cannabis products for
commercial purposes and requiring licensing from provincial or federal
authorities.
FLEET SERVICES
means development using a fleet of vehicles for the delivery of people,
goods or services, where such vehicles are not available for sale or long-
term lease. This use class includes ambulance services, taxi services, bus
lines, messenger and courier services. This use does not include moving or
cartage firms involving trucks with a gross vehicle weight of more than 3
000 kg.
HEAVY TRUCK AND
EQUIPMENT STORAGE AND
SALES
means development used for the rental, lease, sale, or on-site storage of
heavy trucks and equipment, including farm equipment.
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INDUSTRIAL, HEAVY
means the use of land, buildings or structures for an industrial activity
including but not limited to:
a) the processing of raw or finished materials;
b) the manufacturing or assembly of goods, products or
equipment;
c) the cleaning, servicing, repairing or testing of materials,
goods and equipment normally associated with industrial
or commercial businesses;
d) the storage or transshipping of materials, goods or
equipment; or
e) the training of personnel in general industrial operations;
that creates significant adverse impacts beyond the boundaries of the site
for which the associated activity takes place due to appearance, emission
of contaminants, noise, odor, traffic volume, fire, explosive hazards or
dangerous goods. Characteristics of Industrial, Heavy may include:
a) outdoor storage or stockpiling of raw materials, vehicles
and machinery that may be partly or wholly visible off the
site, and may impact the soil;
b) significant noise in the general operations of the use;
c) potential exposure of the environment to chemicals and
other forms of pollution from the general operations of
the use; or
d) hazardous industry.
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INDUSTRIAL, LIGHT
means the use of land, buildings or structures for an industrial activity
including but not limited to:
a) the processing of raw or finished materials;
b) the manufacturing or assembly of goods, products or
equipment;
c) the cleaning, servicing, repairing or testing of materials,
goods and equipment normally associated with industrial
or commercial businesses;
d) the storage or transshipping of materials, goods or
equipment; or
e) the training of personnel in general industrial operations;
that creates no adverse impacts beyond the boundaries of the site for
which the associated activity takes place due to appearance, emission of
contaminants, noise, traffic volume, odor and fire. The primary activities
and uses are carried on within an enclosed building. Characteristics of
Industrial, Light may include:
a) outdoor storage which does not impact adjacent
properties or the soil;
b) may have a retail or wholesale component that is
subordinate to the principal use;
c) nuisance factors do not extend outside of an enclosed
building; and
d) no hazardous industry present.
NATURAL RESOURCE
EXTRACTION INDUSTRY
means development for the purpose of the removal, extraction,
excavation, stockpiling, processing and transmission of raw materials off
the subject parcel. Resources and raw materials may include peat, sand,
silt, shale, gravel, clay, marl, limestone, gypsum, other minerals precious or
semi-precious, timber and coal. Facilities and uses that would be typical
include gravel pits (and associated crushing operations), sand pits, clay or
peat extraction, stripping of topsoil, sawmills and related timber/wood
processing.
RAILWAY SERVICES
means those uses integral to the passenger and freight operations of a
railway such as railway lines, marshalling yards, sidings, shunting yards,
train stations, offices for railway administration, and terminals. This use
includes only those storage uses directly related to railway operations.
RECREATIONAL VEHICLE
STORAGE FACILITY
means development of a yard for the outdoor storage of more than five (5)
recreational vehicles or recreational equipment or combination thereof.
This use does not include the sale, service, restoration, inspection or
mechanical repair of the recreational units.
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RECYCLING DEPOT
means development used for the buying and temporary storage of bottles,
cans, tetra-packs, newspapers, and similar household goods for reuse,
where all storage is contained within an enclosed building. This may
include eco-stations.
SMALL ANIMAL
BREEDING/BOARDING
SERVICES
means development used for the breeding, boarding, caring, or training of
small animals, including dogs, normally considered household pets. Typical
facilities include pet boarding and pet training establishments and uses
associated with the shelter and care of small animals such as grooming,
training and exercising, whether by the owner or for renumeration.
WASTE MANAGEMENT
FACILITY
means a waste management facility where waste is disposed of by placing
it on or in the land, but does not include a land treatment facility, a surface
impoundment, a salt cavern, or a disposal well.
ACCESSORY USES
ACCESSORY BUILDING OR
STRUCTURE
means a non-residential building or structure that is subordinate and
customarily incidental to the main building on the same lot. It supports the
principal use of the property but is not the primary structure.
BED AND BREAKFAST
means the use of a part of a residential dwelling for over-night
accommodation, where breakfast is usually served as part of the
accommodation service. This may include the use of the entire residential
dwelling.
HOME-BASED BUSINESS,
HOME OFFICE
means the accessory use of a dwelling to operate a business out of a
home-office by a person who resides in the dwelling and does not create
any impacts, including business-related visits to the dwelling, outside of
the dwelling where the occupation is conducted.
HOME-BASED BUSINESS,
MAJOR
means the accessory use of a dwelling and its accessory buildings by an
occupant of the residential dwelling to conduct a business activity whose
impacts may extend beyond the dwelling, such as the parking of one
commercial vehicle, or the use of accessory buildings but does not include
outdoor storage. This use class does not include a retail store.
HOME-BASED BUSINESS,
MINOR
means the accessory use of a dwelling by an occupant of the residential
dwelling to conduct a business activity that may generate daily business-
related visits. This use class includes but is not limited to the operations of
a massage therapist, or hair stylist. This use class does not include a retail
store.
LIVE-WORK UNIT
means a dwelling unit that includes working space accessible from the
living area, reserved for and regularly used by one or more residents of the
dwelling unit, but does not include home-based businesses. Working
space may be used for retail sales, personal services, or studio space for
artists/ dancers/ designers/ musicians/ photographers.
PUBLIC USES
CEMETERY
means the use of land for the burial of the deceased and may include
accessory developments such as columbarium's, mausoleums, and
memorial parks.
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COMMUNITY GARDEN
means the growing and raising of food in a shared garden space and not
for monetary purposes.
COMMUNITY CULTURAL
FACILITY
means a public or private development which includes a collection of
literary, artistic, musical, and similar reference materials, such as books,
manuscripts, recordings, art, films and informational brochures or
pamphlets for public viewing. Typical developments include a library,
museum, art gallery, and tourist information centre.
GOVERNMENT SERVICES
means a development providing municipal, provincial, or federal
government services directly to the public or the community at large. This
includes, but is not limited to municipal, provincial, or federal buildings;
fire stations, police stations; post offices and distributions centres; and
social services offices.
HEALTH AND MEDICAL
SERVICES
means a development where physical or mental health services are
provided on an out-patient basis. Such services may be of a preventative,
diagnostic, treatment, therapeutic, rehabilitative, or counseling nature.
This includes, but is not limited to medical, chiropractic, and dental offices,
health clinics, physiotherapy, and counseling services. An accessory use to
this development includes drugs stores, medical supply stores, and
pharmacies.
HOSPITAL
means a public institutional development used to provide in-patient and
out-patient healthcare to the public. Typical developments may include a
community health center, accommodation for overnight care of patients,
eating establishments, offices and any other uses which are accessory to
the principal hospital use.
PARK
means a development of land for the general public for active or passive
recreational use and includes all natural and man-made landscaping,
facilities, playing fields, buildings and other structures that are consistent
with the general purposes of public park land, whether or not such
recreational facilities are publicly operated or operated by other
organizations pursuant to arrangements with the public authority owning
the park. Typical uses include tot lots, band shells, picnic grounds,
pedestrian trails and paths, landscaped buffers, playgrounds, skate parks
and water features.
PUBLIC UTILITIES
means development that provides utility infrastructure. Typical facilities
would include sewage or water treatment plants, power generating
stations, cooling plants, and incinerators, natural gas lines and regulating
stations, telephone exchanges and lines, water and sewer lines, public
roadways, local electrical transmission, and distribution facilities, and
television cable lines. This includes buildings and structures associated with
the public utility or use.
RECREATION, INDOOR
means a development providing recreational facilities within enclosed
structures such as health and fitness clubs, gymnasiums, athletic clubs,
swimming pools, racquet courts, rock climbing structures, rifle and pistol
ranges, bowling alleys, and arenas. Accessory uses may include eating and
drinking establishments, and related retail stores, conference rooms,
electronic entertainment areas.
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RECREATION, OUTDOOR
means a development primarily designed to take advantage of natural
outdoor settings or provide outdoor recreational activities, such as sports
fields, golf courses, mini-golf, boat launches, and ski hills. Accessory uses
may include equipment rental operations, eating establishments, and
convenience retail services.
RELIGIOUS ASSEMBLY
means a development used for religious related uses, philanthropic or
social activities. This includes, but is not limited to churches, chapels,
mosques, temples, synagogues, parish halls, convents, and monasteries.
These developments may include accessory uses such as meeting rooms,
food preparation facilities, and classrooms.
SCHOOL, COMMERCIAL
means development used for training and instruction in a specific trade,
skill, or service for the financial gain of the individual or company owning
the school. Typical uses include secretarial, business, hairdressing, beauty
culture, dancing, or music schools.
SCHOOL, INDUSTRIAL
means a development for training in an industrial trade, skill or services for
the financial gain of the individual or company owning the school. Typical
uses include industrial training schools that require the use of heavy
equipment, machinery and large vehicle parking areas for their training
facility.
SCHOOL, PRIVATE
means development for instruction and education which is not maintained
at public expense, and which may or may not offer courses of study
equivalent to those offered in a public school or private instruction as a
home-based business. This use class includes dormitory and accessory
buildings. This use class does not include commercial schools, industrial
schools, public schools or the provision of home education.
SCHOOL, PUBLIC
means development which is publicly supported or subsidized involving
public assembly for educational, training or instruction purposes, and
includes the administration offices required for the provision of such
services on the same site. This use class includes public and separate
schools, community colleges, universities, and technical and vocational
schools, and their administrative offices. This use class does not include
commercial schools, industrial schools or private schools.
OTHER USES
AERODROME
means an area of land used for the arrival and departure of aircraft for
which aerodrome certification has been given by Transport Canada, and
includes any building, installation, or equipment in connection therewith.
AGRICULTURAL OPERATIONS,
EXTENSIVE
means the use of land for a commercial agricultural operation, other than
a confined feeding operation regulated by the Agricultural Operation
Practices Act (AOPA), involving the raising or production of any cultivated
crops, livestock or dairy products which utilizes relatively large areas of
land and in which the use of buildings and confinement areas is accessory
to the use of the land itself.
AGRICULTURAL OPERATIONS,
INTENSIVE
means the use of land for a commercial agricultural operation, other than
a confined feeding operation, which require relatively small areas of land
because of the concentrated nature of the operation.
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AGRICULTURE, URBAN
means a development that involves growing fruits, vegetables, plants, or
raising chickens or bees in urban areas for use beyond personal
consumption. This activity may include the sale of agricultural products
raised or grown on-Site. This Use does not cannabis cultivation, processing
and distribution use.
Typical examples include hydroponic or aquaponic systems, and vertical
farms.
CAMPGROUND
means a development where tents are erected, or recreational vehicles are
parked for the purpose of overnight or short-term camping. A campground
development may include other recreational uses, passive recreation,
eating and drinking establishments, and convenience retail as accessory
uses and is not used as year-round storage, or accommodation for
residential use.
EMERGENCY SHELTER
means a facility that provides temporary accommodation and essential
services for individuals or families who are experiencing homelessness or
are in crisis situations.
PARKING FACILITY
means the area or structure set aside for the short-term storage and
parking of vehicles, above or below grade, and includes parking stalls,
loading spaces, aisles, entrances and exits to the area, and traffic islands
where they are part of the parking facility.
RECREATIONAL
ACCOMMODATIONS
means accommodations that do not meet the requirements of the Alberta
Building Code or CSA for a permanent dwelling and instead is meant to
provide accommodation seasonally or for temporary purposes. This
includes park models, cabins, etc.
RECREATIONAL VEHICLE PARK
means a development where three (3) or more recreational vehicles are
placed as part of a comprehensive development for seasonal use. These
developments may include convenience retail stores and other amenities.
SHOOTING RANGE, OUTDOOR
means a development that is used for the purpose of organized shooting
events or practice using any instrument designed for that purpose,
including but not limited to, archery, rifles, shotguns, and pistols in an
outdoor setting.
SOLAR ENERGY, COMMERCIAL
means solar energy collection system that is designed exclusively to
provide for the commercial distribution of electricity.
SOLAR ENERGY, ON-SITE
means solar energy collection system intended for personal, on-site use.
STRIPPING, FILLING,
EXCAVATION, AND GRADING
means any work, operation, or activity using motorized equipment that
results in a disturbance of the earth including, but not limited to the
removal of topsoil, creation of a stockpile, berming, excavating, trenching,
backfilling, re-contouring, and grading in excess of normal landscaping
activities. This use does not include earth works for the purpose of natural
resource extraction.
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17.3
GENERAL DEFINITIONS
ABUT OR ABUTTING
means immediately contiguous to, or physically touching, and when used
with respect to a lot or site, means that the lot or site physically touches upon
another lot, site, or piece of land, and shares a lot line, or boundary line with
it.
ACCESSORY USE
means a use that is coincidentally or normally incidental, subordinate and
exclusively devoted to the principal use or building on a parcel and located on
the same parcel.
AGRICULTURAL OPERATION
means an agricultural operation as defined in the Agricultural Operation
Practices Act (AOPA).
AREA REDEVELOPMENT
PLAN
means a statutory plan prepared pursuant to the Act that addresses the
redevelopment or rehabilitation of established areas or neighbourhoods.
AREA STRUCTURE PLAN
means a statutory plan prepared pursuant to the Act that provides a
framework for subsequent subdivision and development of an area of land.
ACT
means the Municipal Government Act R.S.A. 2000 Chapter M-26, as amended.
ADJACENT
means land that is contiguous to the lot that is the subject of an application
for subdivision, redesignation or development. It includes land or a portion of
land that would be contiguous if not for a public road, railway, reserve land,
utility right-of-way, river or stream.
AMENITY
means an aesthetic or other physical characteristics or facility that enhances
the desirability of an environment. Amenity may include recreational or
cultural facilities, a unified building design, a unified site design, views,
landscaping, tree preservation or attractive site design.
AMENITY AREA
means an area within the site which has been designed to serve as a useful
area for passive or active recreation and may include patios, decks,
landscaped areas, balconies, recreation facilities, or communal lounges.
APPEAL BOARD
means Subdivision and Development Appeal Board or Land and
Property Rights Tribunal, as the case may be.
BALCONY
means a platform, attached to and projecting from the face of a building, with
or without a supporting structure above the first storey, normally surrounded
by a balustrade or railing with access only from within the building.
BARELAND CONDOMINIUM
means a type of property ownership where individuals own their individual
lot or parcel of land, along with any structures on it, while also sharing
ownership of common areas with other unit owners.
BASEMENT
means the area of a building where the floor level is 1.0 m or more below the
finished grade and the total ceiling height exceeds 2.0 m.
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BOULEVARD
means:
a)
that portion of the right-of-way of a public highway lying
between the curb line of the highway and the abutting
fronting lot line, excepting that portion occupied by a
sidewalk; or
b)
where there is no curb, that portion of the right-of-way lying
between the edge of the highway ordinarily used by vehicles
and the abutting lot line, excepting that portion occupied by
a sidewalk.
BUFFER
means a row of trees, shrubs, or berming to provide visual screening and
separation between sites or districts.
BUILDING HEIGHT
means the vertical distance between grade and the highest point of a building
that is not: a roof stairway entrance, a ventilating fan, a skylight, a steeple, a
chimney, a smokestack, a firewall or a parapet wall, or a flagpole or similar
device not structurally essential to the building.
CANNABIS
means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and
cannabis plant seeds and any other substance defined as cannabis by the
federal government in the Cannabis Act and its regulations, as amended from
time to time.
COMMERCIAL VEHICLE
means a motor-driven vehicle used for commercial purposes on public roads,
including for the transportation of goods, wares and other merchandise,
motor coaches carrying passengers, and trailers and semi-trailers and tractors
when used in combination with trailers and semi-trailers.
COMMUNICATION TOWER
means a telecommunication tower regulated by the Radiocommunication
Act.
COMPATIBLE
means developments that can exist together without significant conflict,
nuisance, or interference.
CONSISTENT
means development that is of the same nature, style, or quality.
CONDOMINIUM
means units as defined in the Condominium Property Act.
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CONSTRUCT
means to build, reconstruct, or relocate, and without limiting the generality
of the word, also includes:
a)
any preliminary operation such as excavation, filling or
draining;
b)
altering an existing building or structure by an addition,
enlargement, extension or other structural change; and
c)
any work which requires a building permit issued under the
provincial statutes to be administered by the Town of Peace
River.
COUNCIL
means the Council of the Town of Peace River.
CURB CUT
means the lowering of a curb, sidewalk, or boulevard to provide vehicular or
pedestrian access to a site.
DANGEROUS OR
HAZARDOUS GOODS
means a product, substance, or organism listed in the Dangerous Goods
Transportation and Handling Act.
DECK
means an accessory structure that is a platform built of concrete, brick, wood
or other materials and constructed on piers or a foundation above grade that
may be attached to a dwelling or located on the roof, and is intended for the
purpose of outdoor dining, lounging, and other similar accessory uses.
a)
Low Level Deck: means a deck being less than 0.6 m in height.
b)
Raised Deck: means a deck being equal to or more than 0.6 m in
height.
DENSITY
means, when used in reference to residential and residential-related
development, the number of dwellings on a site expressed as dwellings per
hectare.
DEVELOPABLE AREA
means the area of land within a parcel that is suitable for development based
on setbacks, overlay regulations, and any other regulations contained within
this Land Use Bylaw.
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DEVELOPER
means an owner, agent or any person, firm, or company responsible for a
development.
DEVELOPMENT
is defined in accordance with the Act and means:
a)
an excavation or stockpile and the creation of either 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 on,
in, 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 or is likely to
result 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 or
building.
DEVELOPMENT AUTHORITY
means a Development Authority established pursuant to division 3 of part 17
of the Act;
DEVELOPMENT OFFICER
means the person(s) authorized to act as the Development Officer for the
Town pursuant the Development Authority Bylaw.
DEVELOPMENT PERMIT
means a document that is issued under this Bylaw and authorizes a
development.
DEVELOPMENT,
PERMANENT
is a development where the activities associated with the use occur an
ongoing basis and includes recurring or seasonal development where due to
the nature of the development the activities associated with that
development desist for a period of time and then recommence.
DEVELOPMENT,
TEMPORARY
is a development that is intended to take place for and approved for a
defined period of time. A further development permit is required if the
activities or structures subject to a temporary permit are extended beyond
the defined period of time.
DISCONTINUED
means the time at which, in the opinion of the Development Authority,
substantial construction activity, a non-conforming use, or conforming use
has ceased.
DISCRETIONARY USE
means the use of the land or buildings which is not a permitted use in terms
of this Bylaw but for which there is provision for the Development Authority
to exercise discretion in granting a development permit.
DISCRETIONARY USE LEVEL
2
means the use of the land or buildings which is not a permitted use in terms
of this Bylaw but for which there is provision for the Municipal Planning
Commission to exercise its discretion in granting a development permit.
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DRIVE-THROUGH
means a characteristic of a development which services customers travelling
in motor vehicles driven onto the site and where the service provided to
customers is provided with the customer normally remaining in the vehicle.
The drive-through may be a secondary characteristic of the development on a
site. Typical drive-through developments include but are not limited to an
eating establishment, a car wash, vehicle services, a bank.
DRIVEWAY
means a private road that provides vehicle access for an individual lot or site
to a public road.
DWELLING UNIT
means a self-contained unit comprised of one (1) or more rooms
accommodating sitting, sleeping, sanitary facilities, and a principal kitchen for
food preparation, cooking, and serving. A dwelling is used permanently or
semi-permanently as a residence for a single household.
EASEMENT
means a right to use land, generally for access to other property or for a
public utility.
ENVIRONMENTAL IMPACT
ASSESSMENT
means an investigation and subsequent report in relation to land to
determine the environmental condition of property consistent with the
standards established by the Environmental Protection and Enhancement Act
and regulations.
ENVIRONMENTAL RESERVE
is determined in accordance with the Act. Land that is undevelopable because
of its natural features or location, such as unstable slopes or flood-prone
characteristics. It may contain environmentally sensitive aspects such as a
gully, ravine or coulee; or a strip of land abutting the bed and shore of a body
of water or watercourse that a developer may be required to dedicate at the
time of subdivision. Environmental Reserve must be maintained in its natural
state or used as a park.
ENVIRONMENTAL RESERVE
EASEMENT
is determined in accordance with the Act and is created under the Act. An
environmental reserve easement allows lands to remain in their natural state
while the title to the easement lands remains with landowner, but the Town's
easement interest is registered against title and binds present and future
landowners.
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ENVIRONMENTALLY
SENSITIVE AREA
means those lands which because of their environmental sensitivity cannot
withstand intensive development without specific accommodation. Without
restricting the generality of the foregoing, this shall include steep slopes
excess of 20%, unstable soils, lands subject to flooding, soils classified as
having a high-water table, certain wildlife habitats and wetlands, and lands
that are unique natural environments.
ENVIRONMENTALLY
SIGNFICANT AREA
means an area important to the long-term maintenance of biological
diversity, soil, water, or other natural processes, at multiple spatial scales.
Environmentally significant areas contain rare or unique elements or include
elements that may require special management consideration due to their
conservation need, including:
a) areas which perform a vital environmental, ecological or
hydrological function such as aquifer recharge;
b) areas which contain a unique geological or physiographic
feature(s);
c) areas which contain significant, rare or endangered species;
d) areas which are unique habitats with limited representation
in the region or a small remnant of once large habitats which
have virtually disappeared;
e) areas which contain large and relatively undisturbed habitats
and provide shelter habitat for species which are intolerant
of human disturbance as determined by studies prepared by
a qualified professional;
f)
areas which contain plants, animals, or landforms which are
unusual or of regional, provincial or national significance; or
g) areas which provide an important linking function and
permit the movement of wildlife over considerable distance.
FENCE
means an accessory structure that is a physical barrier constructed to prevent
unauthorized access, provide sound abatement, control animal movements
or minimize sightlines.
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FLOOD FRINGE
means the portion of the flood hazard areas outside the floodway. Water in
the flood fringe is generally shallower and slower moving compared to the
floodway.
FLOOD WAY
means the portion of the flood hazard area where flows are deepest, fastest
and most destructive. The flood way typically includes the main channel of
the stream and a portion of the adjacent overbank area.
FLOOD HAZARD AREA
means the area of land that will be flooded during the 1:100 design flood. The
flood hazard area is typically divided into two (2) zones, the floodway and the
flood fringe.
FLOOR AREA
means the total habitable area contained in a building but not including the
floor areas of basements, attached garages, sheds, open porches, or
breezeways.
FOUNDATION
means a system through which the loads from a building are transferred to
supporting soil or rock. A permanent foundation means a foundation made of
solid materials such as concrete or treated wood and extended below the
ground surface through the frost zone, or other depths as required by the
Town. Pilings shall not be accepted as permanent foundation.
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FRONTAGE
means, where used with reference to residential development, the lineal
distance measured along the front lot line; and when used with reference to
non-residential development, the length of the property line of any side of a
separate development which is parallel to, and abuts, a public roadway, not
including a lane, which is directly accessible from the development. The
frontage of an individual premises in a multiple occupancy development shall
be considered as the total width of the bays occupied by that premises which
have exposure parallel to any frontage of the multiple occupancy
development.
GARAGE
means an accessory building or a part of the principal building, designed or
used primarily for the storage of vehicles and includes carports.
Attached Garage: means a portion of the principal building that shares at
least one (1) common wall and a continuous roofline with the principal
building.
Detached Garage: means an accessory building that is apart and separate
from the principal building, that has no common wall, continuous roofline, or
open or enclosed structure connecting it with the principal building.
Attached-Detached Garage: means an accessory building connected to the
principal building by an open or enclosed structure such as a breezeway or
deck, or a continuous roofline, or a common wall but not both.
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GARAGE SUITE
means an accessory dwelling unit that is located above a detached Garage or
attached to the side or rear of a detached garage. A garage suite has an
entrance separate from the vehicle entrance to the detached garage, either
from a common indoor landing or directly from the exterior of the structure.
GARDEN SUITE
means an accessory dwelling unit that is located in the rear yard of a site.
HABITABLE AREA
means any area in a dwelling intended primarily for human occupancy.
HARD SURFACE
means a durable, dust free, all-weather surface constructed of concrete,
asphalt, or similar pavement.
HIGHWAY
means a provincial highway under the Highways Development and Protection
Act.
HOUSEHOLD
means:
a) One (1) or more persons related by blood, adoption, foster
care, marriage, adult interdependent relationship; or
b) A maximum of five (5) unrelated persons;
all living together as a single social and economic housekeeping group and
using shared cooking facilities.
One (1) domestic worker or one (1) boarder may be deemed the equivalent
of a blood relative.
INTERMUNICIPAL
DEVELOPMENT PLAN
means a statutory plan adopted by the Council of the Town of Peace River
and a neighbouring municipality, as an intermunicipal development plan in
accordance with the Act.
LAND AND PROPERTY
RIGHTS TRIBUNAL
means the provincial body that hears and decides upon subdivision and
development appeals of provincial importance, pursuant to the Act.
LANDSCAPING
means the modification, beautification and enhancement of a site or
development through the use of the following elements:
a) natural landscaping consisting of vegetation such as trees,
shrubs, hedges, grass, flowers and other ground cover or
materials and this may include xeriscaping;
b) hard landscaping consisting of non-vegetative materials such
as brick, rock, stone, decorative concrete, tile and wood,
excluding monolithic concrete and asphalt;
c) and excludes all areas utilized for driveways and parking.
LANE
means a public road that provides a secondary means of access to a lot and
building, typically from the rear.
LOADING SPACE
means a space for temporarily parking a vehicle while it is being loaded or
unloaded.
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LOT
is defined in accordance with the Act and means:
a) a quarter section;
b) a river lot shown on an official plan, as defined in the Surveys
Act, that is filed or lodged in a land titles office;
c) a settlement lot shown on an official plan, as defined in the
Surveys Act, that is filed or lodged in a land titles office;
d) a part of a parcel of land described in a certificate of title if
the boundaries of the part are described in the certificate of
title other than by reference to a legal subdivision; or
e) a part of a parcel of land described in a certificate of title if
the boundaries of the part are described in a certificate of
title by reference to a plan of subdivision.
LOT AREA
means the total surface area of a lot.
LOT DEPTH
means the length of a straight line joining the middle of the front lot line with
the middle of the rear lot line
LOT LINE
means a legally defined limit of any lot.
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LOT LINE, FRONT
means the boundary dividing the lot from an abutting public road, not
including a lane. In the case of a corner lot the shorter lot line shall be the
front lot line. In the case of a corner lot formed by a curved corner, the front
lot line shall be the shorter of the two (2) segments of the property line lying
between the point determined to be the actual corner and the two (2) points
at the extremities of that property line.
LOT LINE, REAR
means the lot line of a lot that is directly opposite to the front line.
LOT LINE, SIDE
means any lot line other than the front or rear lot line.
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LOT, MANUFACTURED
HOME
means a lot within a managed manufactured home park that has been
designed for the placement of a manufactured home.
LOT WIDTH
means the distance between the side lot lines at a point midway between the
front and rear of the lot and approximately parallel to the street line. In the
case of an irregularly shaped lot, the width of the lot shall be the distance
between side lot lines at a point midway between the front and rear of the lot
and approximately parallel to the street line, to the satisfaction of the
Development Officer.
MANUFACTURED HOME
PARK
means a site designated for manufacture homes under this Bylaw which
contains spots designated for leasehold tenure, which has not been
subdivided by plan of survey.
MANUFACTURED HOME
SUBDIVISION
means a subdivision of lots specifically for the placement of manufactured
homes.
MATTERS RELATED TO
SUBDIVISION AND
DEVELOPMENT REGULATION
means the Matters Related to Subdivision and Development Regulation as
adopted by the Province of Alberta.
MIXED USE
means, within the context of this Bylaw, a building designed for one (1) or
more land use types, a parcel of land with more than one (1) type of land use,
and within a district more than one (1) type of land use. The different land
use types include but are not limited to residential, commercial, industrial,
institutional, and public.
MINOR
means a small-scale variance, relaxation, or development that has minimal
impact on surrounding properties and conforms to the general intent of
district regulations. Minor changes may include slight adjustments to
setbacks, building height, or site coverage, subject to Development Authority
approval.
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MODULAR BUILDING
means a construction type where a building is manufactured in a controlled
environment and that conforms to CSA-A277 standard of the National
Building Code - Alberta Edition. The modular building may be constructed in
multiple sections and is transported to the site for installation. A modular
building does not have a chassis, a hitch or wheel assembly, and the sections
may be stacked vertically or placed side-by-side. A modular building must be
placed on a permanent foundation, and in the case of a residential building,
does not include a building that is skirted.
For this Bylaw, a modular building includes residential, commercial, industrial
and institutional developments but does not include a dwelling,
manufactured home.
MUNICIPAL DEVELOPMENT
PLAN
means a statutory plan adopted by the Council of the Town of Peace River as
a municipal development plan in accordance with Section 632 of the Act.
MUNICIPAL GOVERNMENT
ACT (MGA)
means the Municipal Government Act as adopted by the Province of Alberta.
May be referred to as the Act throughout this document.
MUNICIPAL PLANNING
COMMISSION
means a municipal planning commission established by bylaw pursuant to
Section 626 of the Act.
NON-CONFORMING USE OR
BUILDING
means a non-conforming use as described in the Act.
NUISANCE
means anything that is obnoxious, offensive or interferes with the use or
enjoyment of property, endangers personal health and safety, or is offensive
to the senses. This could include that which creates or is liable to create a
nuisance through emission of noise, smoke, dust, odour, heat, light, fumes,
vibration, fire or explosive hazard; results in the unsightly or unsafe storage of
goods, salvage junk, waste or other material; or poses a hazard to health and
safety.
OFF-SITE LEVIES
means the off-site levies established by the Town, pursuant to the Act.
OWNER
means:
a)
in the case of land owned by the crown in right of Alberta, or the
crown in right of Canada, the minister of the crown having the
administration of the land, or
b)
in the case of any other land,
i.
the purchaser of the fee simple estate in the land under an
agreement for sale that is the subject of a caveat registered against
the certificate of title in the land and any assignee of the
purchaser's interest that is the subject of a caveat registered
against the certificate of title; or
in the absence of a person described in (a) above, the person registered
under the Land Titles Act as the Owner of the fee simple estate in the land.
PARAPET WALL
means that part of any wall extending above the roof line, or a wall that
serves as a guard at the edge of a balcony or roof.
PARCEL
means a parcel of land as defined by the Act.
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PARKING, BICYCLE
means a rack, railing, locker, or other structurally sound device which is
designed for the securing of one (1) or more bicycles in an orderly fashion.
BICYCLE PARKING CLASS A
means a bicycle space primarily designed to provide long-term parking for
employees or residents of the building.
BICYCLE PARKING CLASS B
means a bicycle space primarily designed to provide short-term transient
parking for persons who are not residents or employees of the building
PARKING, VEHICLE
means a space for parking a vehicle for an extended period.
PARKING, TANDEM
means two (2) parking spaces, one (1) behind the other, with a common or
shared point of access to the maneuvering aisle.
PARTY WALL
means either:
a)
a wall erected at, or upon, a line separating two (2) parcels of
land, each of which is, or is capable of being, a separate legal
Parcel subdivided under the Act; or
b)
a wall separating two (2) Dwellings, each of which is, or is
capable of being, a separate legal Parcel divided under the
Condominium Property Act.
PERGOLA
means an open structure consisting of vertical posts or columns that support
crossbeams or an open lattice roof. A pergola is typically used to provide
shade, define outdoor space, or support climbing plants and does not include
a solid roof, enclosed walls, or flooring. It may be attached to a principal
building or accessory structure or be freestanding, provided it complies with
the applicable regulations regarding size, height, and placement in the yard.
PERMITTED USE
means a use designated in the Bylaw as a permitted use and for which the
Development Authority shall issue a development permit with or without
conditions providing all other provisions in the Bylaw have been complied
with.
PORCH
means an entrance structure typically attached to the front or sides of a
building at the ground floor entry level, consisting of a roof and floor, where
the front and sides of the structure may be enclosed by solid walls or
windows or unenclosed where the front or sides remain open to the
elements.
PRINCIPAL BUILDING OR
USE
means the main purpose for which, in the opinion of the Development
Authority, a building or site is ordinarily used.
PROFESSIONAL ENGINEER
means a professional engineer licensed by the Association of Professional
Engineers and Geoscientists of Alberta (APEGA).
REAL PROPERTY REPORT
means a legal document prepared by a qualified professional Surveyor that
illustrates the location of significant visible improvements relative to property
boundaries that takes the form of a plan or illustration of the various physical
features of the property, including a written statement detailing the
surveyor's opinion or concerns.
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RECREATIONAL VEHICLE
means a vehicular product, typically constructed in accordance with CSA Z249
RV series, to provide seasonal accommodation for travel and recreational
purposes. It includes vehicles such as a motor home, a camper, a travel trailer
or a tent trailer, but does not include a mobile home, sea-can or any vehicle
or trailer over 2.4 m (not including slide outs) in width.
ii.
RELOCATED BUILDINGS
means an existing building located on a site that is proposed to be moved and
placed on a new site or in a new location on the same site. Relocated
buildings are subject to the general regulations outlined in Section 7.15 of this
Bylaw. This definition does not include dwelling, manufactured home or
modular buildings.
RESIDENTIAL SALES CENTRE
means a building used temporarily to market and sell residential land or
buildings.
ROAD
means a road as defined in the Act.
SCREENING
means a fence, berm, hedge, trees or other form of solid screening used to
visually separate areas or functions.
SECONDARY SUITE
means an accessory dwelling unit that is located within the principle dwelling
on a site. A secondary suite has a separate entrance from the principal
Dwelling, either from a common indoor landing or directly from outside the
building. A secondary suite has less floor area than the principal dwelling. A
secondary suite is not separated from the principal dwelling by a
condominium conversion or subdivision.
SENSITIVE LAND USE
means a land use sensitive to emissions from industry and infrastructure.
Sensitive land uses include but are not limited to residential uses, public
uses, and visitor accommodations. Some commercial, institutional and
industrial land uses which require high levels of amenity or are sensitive to
emissions may also be considered sensitive land uses.
SETBACK
means the distance that a development or a specified portion of it, must be
set back from a lot line.
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SHIPPING CONTAINER
means a container intended for the transport of goods by means of rail, truck
or sea. These containers are rectangular in shape and are generally made of
metal. They are also referred to as a sea cargo container, a sea-can, or a cargo
container. A shipping container is considered an accessory structure when
used for storage.
SIGHT TRIANGLE
means that triangle formed by a straight line drawn between two (2) points
on the exterior boundaries of a lot, a specified distance from the point where
they intersect. The sight triangle is formed by a straight line drawn between
two (2) points on the exterior boundaries of a site a specified distance from
the point where they intersect. The specified distance is 9.1 m for an exterior
corner on a public road and 3.0 m for an exterior corner on a laneway.
SITE
means an area of land consisting of one (1) or more abutting lots under single
ownership or control used for or proposed to be used for a development.
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SITE, CORNER
means a site having a frontage on two (2) or more streets at the intersection
or junction. Or means a site at the intersection of two (2) abutting streets
provided that the intersection of the two (2) streets is less than one-hundred-
thirty-five (135) degrees. A site abutting upon a curved street or streets shall
be considered a corner site if the arc of the inside boundary of the street is
less than 45.0 m in radius over an angle of more than one-hundred-thirty-five
(135) degrees.
SITE COVERAGE
means that percentage of the area of any site which is covered by all
buildings and accessory buildings on the lot excluding balconies, decks,
canopies and the like.
SITE PLAN
means a plan showing the boundaries of the site, the location and use(s) or
proposed use(s) of all existing and proposed buildings upon the site, the
use(s) or the intended use(s) of the portions of the site on which no buildings
are situated, and showing drainage, fencing, screening, grassed areas, any
fixtures and any other significant features located on the site and abutting
public roadways, sidewalks and above-grade public utilities.
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STORAGE CONTAINER
means a structure placed either temporarily or permanently within a parcel
for the purposes of storing, holding, or providing protection for various items,
products, belongings, and equipment, and includes, but is not limited to
metal or steel shipping containers, refrigerated shipping containers, and
wooden crates and boxes, but does not include office unit containers.
STOREY
means that portion of a building included between the upper surface of any
floor and the upper surface of the floor next above, except that the topmost
storey shall be that portion of a building included between the upper surface
of the topmost floor and the ceiling above. If the finished floor level directly
above grade is more than 1.8 m above such grade, then the portion of the
building below finished floor level shall be considered a storey in calculating
the building height.
STRUCTURE
means anything constructed or erected that is located on the ground or is
attached to something having a location on the ground.
SUBDIVISION
means a subdivision pursuant to the Act.
SUBDIVISION AUTHORITY
means the authority established by Council by bylaw to make decisions on
subdivision applications and other subdivision-related matters in accordance
with the Act.
SUBDIVISION AND
DEVELOPMENT APPEAL
BOARD
means a subdivision and development appeal board established by bylaw by
Council pursuant to the Act.
TEMPORARY
means, when referring to a development, a development that is not intended
to be permanent and may have an anticipated end date.
TOP OF BANK
means the point closest to the boundary of the bed and shore of a water
body where a break in the slope of the land occurs such that the grade
beyond the break is flatter than 3:1 at any point for a minimum distance of 15
m measured perpendicularly from the break.
TOWN
means the Town of Peace River and any board or commission authorized to
perform duties specified in this Bylaw.
USE
means the function or activities of a building or an area of land which are
regulated by this Bylaw.
USE, PERMITTED
means the use of land or a building provided for in this Bylaw for which a
Development Permit shall be issued with or without conditions by the
Development Authority, provided that that the use aligns with this Bylaw.
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USE, CHANGE OF
means the alteration of the use of land or buildings, or portion thereof, from
one (1) activity to another, and which shall require a development permit, in
accordance with the Permitted or Discretionary Uses as listed in each land
use district, unless exempt under this Bylaw.
USE, DISCRETIONARY
means a use of land or buildings provided for in this Bylaw, for which a
development permit may or may not be issued by the Development Authority
subject to the provision of this Bylaw, with or without conditions.
USE, CHANGE OF INTENSITY
OF
means an alteration in the degree or scale of an activity compared to what
was previously approved, and which shall require a development permit in
accordance this Bylaw.
VARIANCE
means an alteration or change to a standard prescribed by this Bylaw that is
authorized by the Development Officer or Municipal Planning Commission.
VIOLATION TICKET
means a ticket issued pursuant to the Provincial Offences Procedure Act, and
any regulations thereunder.
YARD
means a part of a lot upon or over which no building or structure other than a
boundary fence is erected, except for specifically permitted accessory
buildings.
YARD SETBACK, SIDE
means the least horizontal dimension between the side lot line of the lot and
the nearest part of the principal building.
YARD SETBACK, FRONT
means the least horizontal dimension between the front lot line of the lot and
the nearest part of any building or structure.
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YARD SETBACK, REAR
means the least horizontal dimension between the rear lot line of the lot and
the nearest part of the principal building.
YARD, EXTERIOR SIDE
means a side yard on the street side of the lot, immediately adjoining the lot.
YARD, FRONT
means the portion of a Site abutting the Front Lot Line extending across the
full width of the Site, situated between the Front Lot Line and the nearest
wall of the principal building, not including projections.
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YARD, REAR
means the portion of a site abutting the rear lot line extending across the full
width of the site, situated between the rear lot line and the nearest wall of
the principal building, not including projections.
YARD, SIDE
means that portion of a site abutting a side lot line extending from the front
yard to the rear yard. The side yard is situated between the side lot line and
the nearest wall of principal building, not including projections.
17.4
SIGN DEFINITIONS
SIGN DEFINITIONS
DIGITAL SIGN
means a sign that contains digital copy that is remotely changed on or off site and
incorporates a technology or method allowing the sign to change copy without having to
manually or mechanically replace the sign face or its components.
SIGN
CONTENT
means the wording/lettering, message, graphics or content displayed on a sign.
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CONTENT
AREA
means the area within a single straight line geometric figure or a combination of squares or
rectangles that will enclose the extreme limits of the advertising message or announcement
including decorations related to the specific nature of the advertising message or
announcement.
SIGN TYPE
means the type of structure of a sign used to convey sign content. Each sign type is subject to
the respective regulations of this section.
SIGN TYPES
A-BOARD
SIGN
means a self-supporting temporary sign comprised of two (2) panels that are attached at the
top, typically by a hinge(s), stand independent of a building, and designed to be easily carried
by one (1) person. Also known as a sandwich board sign.
BANNER SIGN
means a temporary sign that is made of lightweight material. A banner sign is typically
intended to be secured to the flat surface of a building or structure, at the top and the
bottom on all corners. This sign type does not include official flags and emblems.
BENCH SIGN
means a sign attached to a public bench, whether installed on public or private land. This
does not include memorial plaques.
BILLBOARD
SIGN
means a sub-type of freestanding sign constructed to provide a medium for advertising
where the subject matter is not necessarily related to a use at or around the parcel on which
the billboard is located and where the copy can be periodically replaced.
CANOPY SIGN
means a sign that is mounted, painted or otherwise attached to an awning, canopy or
marquee.
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FASCIA SIGN
means a sign attached to, or erected, or placed against the wall of a building or structure,
with the exposed face of the sign in a plane parallel to the plane of the wall. This includes a
Mural Sign where a decorative work is applied to and made integral with an outside wall
surface of building for the purpose of advertising a business or product but does not include
artwork with no advertising purpose. Also known as a wall sign.
FREESTANDING
SIGN
means a sign which is supported by one (1) or more poles, uprights or braces, independent of
a building and permanently fixed to the ground.
INFLATABLE
SIGN
means any inflatable device used or employed as a sign, that is anchored to the ground or to
a building or structure.
PORTABLE
SIGN
means a sign which is mounted on a trailer, stand or similar support and which together with
the support can be relocated to another location.
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PROJECTING
SIGN
means a sign which is supported by an exterior building wall and projects outwards form that
wall at a right angle. Projecting signs includes shingle signs that are suspended from a
mounting attached directly to the building wall and are generally placed perpendicular to the
face of a building, and under canopy signs that are suspended from or below the ceiling or
roof of an awning, canopy or marquee.
REVOLVING
SIGN
means a sign or portion of a sign which moves in a revolving manner.
ROOF SIGN
means a sign which is erected upon or above the roof or parapet of a building.
TEMPORARY
SIGN
means any sign permitted, designed or intended to be displayed for a short or defined period
of time, not including portable signs, however including balloon signs, developer marketing
signs, land use classification signs, construction signs, political poster signs, window signs,
banner signs, A-board signs or any other sign that is not permanently attached to a building,
structure or the ground.
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PART VI: SCHEDULES
SCHEDULE A: DISTRICT AND
OVERLAY MAPS
18.1
DISTRICT MAPS
18.2
OVERLAY MAPS
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SCHEDULE B: ASSESSMENT
CRITERIA
This document provides proposed assessment criteria that could be used by the Town when determining if a
Discretionary Use or variance application should be approved. It provides parameters that make it easier for
developers and applicants to understand what could be assessed and what impacts they may need to address or
mitigate, and it provides the Development Authority with a "check list" to assess the applications with.
19.1
IMPACT: VISUAL APPEARANCE
Sometimes, buildings/ structures are designed where they do not fit with the surrounding form or
landscape and become unappealing or diminish the surrounding community. Regulating the design of
buildings can be challenging in balancing an individual's freedoms and being part of a community. To
balance this challenge, applications may be required to provide information to understand how a
building will fit within its surrounding neighbourhood.
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
-
Elevation drawings.
-
Exterior material information, including colours.
-
Pictures of the properties surrounding the site.
-
A photomontage.
-
Proposed mitigation measures to limit the potential impact on the surrounding community.
V I S U A L A P P E A R A N C E R E Q U I R E M E N T S
Elevations facing a public road or public space shall, at a minimum:
-
not consist of blank walls;
-
use trim around all doors and windows with variations in colour, material or depth to make the
façade visually interesting;
-
be broken up through the use of variations in depth of the façade, use of trim and use of
colours/tactile materials; and
-
elevations facing a public road or space consist of at least 10% windows disbursed over the façade.
H O W W I L L T H E T O W N A S S E S S T H E I M P A C T T H E V I S U A L A P P E A R A N C E H A S O N T H E
S U R R O U N D I N G C O M M U N I T Y ?
-
How the scale of the building fits into the overall community.
-
How the façade of the building interfaces with the public realm.
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How the building elements are used to break up the form and bulk of the structure.
19.2
IMPACT: TRAFFIC/ACCESS
Regardless of the type or form of development, any development will inevitably result in an increase in
traffic and may impact safety and the existing road infrastructure. An increase in traffic has two main
consequences: first, it impacts the movement of goods, services, and people, and second, it can
necessitate changes to roadway design (and subsequent cost) if the roads predominantly used weren't
built to a standard to handle the increase in, or vehicle type, of traffic. Owners also have a responsibility
to provide safe loading areas on-site to avoid stopping or slowing the flow of traffic and to address
safety concerns.
Access to a site should also accommodate active transportation by providing safe and functional
pathways for pedestrians and cyclists. This helps reduce conflicts between motorized and non-
motorized traffic while supporting diverse and sustainable travel modes.
It is important to balance the site-specific and broader potential impacts related to how access is
provided to a site.
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
-
Intensity of the proposed development (i.e. number of on-site employees, frequency and
number of visitors, frequency and number of deliveries, the types of vehicles being used, etc.).
-
Information on access locations and widths to assess the safety of vehicular movement to and
from, and within the site in relation to the road and neighbouring properties.
-
A plan showing the location and layout of on-site vehicles and bicycle parking or loading area in
context to existing buildings on the site, and on adjacent properties.
-
The material used for parking surfaces.
-
A Traffic Impact Assessment (TIA) prepared by a professional engineer that identifies the impact
traffic has on the service level of the road network, and the design of access and safety of egress
and ingress to and from a site where the traffic is being generated.
T R A F F I C R E Q U I R E M E N T S
-
The increase in traffic shall not cause significant safety concerns to the surrounding community.
-
The increase in traffic should not significantly impact the overall road function based on the
design level of service.
-
The increase of traffic should not unduly undermine the structure or integrity of existing bridges,
culverts, and roads.
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H O W W I L L T H E T O W N A S S E S S T H E I M P A C T T R A F F I C H A S O N T H E C O M M U N I T Y ?
-
Disruption to existing traffic patterns and the scale of parking in relationship to established
residential dwellings.
-
Based on the recommendations regarding safety and capacity of the roading network by a
professional engineer in the profession of transportation.
-
Potential long-term impacts on the structural integrity of the overall road infrastructure.
19.3
IMPACT: NOISE
Various land uses can generate noise that can be of nuisance to adjacent lands or even extend into the
wider community beyond what might be anticipated. Example: A 24/7 industrial operation next to a
campground. The industrial operation is very noisy, and campers quickly catch on resulting in fewer
visitors.
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
-
Noise Assessment (acoustical analysis)
-
Noise Measurements
N O I S E R E Q U I R E M E N T S
-
Any noise generated shall not cause significant safety concerns to the surrounding community.
-
Any noise generated shall not cause people's sleep to be disrupted on a continuous basis.
-
Any noise generated shall not disrupt neighbouring activities on a continuous basis.
H O W W I L L T H E T O W N A S S E S S T H E I M P A C T N O I S E H A S O N T H E C O M M U N I T Y ?
-
Measurement of noise generated by a potential use when received from a dwelling on an
adjoining property.
-
As a guideline the thresholds and standards of the Town's Noise Bylaw should not be exceeded.
19.4
IMPACT: ODOUR
Land uses that generate toxic odours, such as landfills and confined feeding lots, are often regulated by
provincial bodies - and aren't managed through a Land Use Bylaw. However, unassuming uses, such as
waste receptacles areas, breweries, or even restaurants can generate undesirable odours. While not
overly concerning for those passing by, it can be of nuisance for adjacent landowners, especially if the
odour is consistent.
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
-
Information regarding venting location and type of venting/ air filtration to address potential
odours.
-
Demonstration of how they will limit or eliminate odours to the surrounding community.
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An odour/ volatile organic compounds (VOC) analysis.
O D O U R C O N T R O L R E Q U I R E M E N T S
-
Exterior air vents should be placed in areas that do not immediately face buildings or amenity
areas on adjacent lands.
-
Proximity to residential dwellings, outdoor recreational spaces, and other populated areas.
-
Nature of enclosures to mitigate odours.
H O W W I L L T H E T O W N A S S E S S T H E I M P A C T O D O U R H A S O N T H E C O M M U N I T Y ?
-
Through reviewing case studies and where possible visiting other uses to understand the nature
of the odour to assist in determining the impact on adjoining parcels.
-
Recommendations arising from a technical odour analysis completed by a professional in the
field of odours should such a study be required.
19.5
IMPACT: LIGHT
Light pollution is a consequence of human-made sources of light - whether it be from a building, a
vehicle, streetlights, etc. - that can have a disruptive effect on the surrounding environment. This could
impact residential homes, change the natural landscape or affect the ability to view the stars.
Conversely, adequate lighting supports the safe movement of vehicles and people and supports safety
and security.
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
Illumination plan showing the location and direction of exterior lights, including showing the lux levels of
the lighting.
-
The time of day and duration that the exterior lighting is anticipated to be illuminated.
-
Information on the lighting product type.
L I G H T I N G R E Q U I R E M E N T S
-
Exterior lighting shall not have an adverse impact on adjacent parcels. Applicants are required to
outline proposed mitigation methods used to limit the impact on adjacent parcels and the wider
community.
H O W W I L L T H E T O W N A S S E S S T H E I M P A C T L I G H T I N G H A S O N T H E C O M M U N I T Y ?
-
The impact lighting spill has or glow within the context of the wider community where the
illumination is established based on the lux levels.
-
Impact of light spill on adjoining properties based on the lux levels.
-
The scale of the area being illuminated in relationship to the overall community.
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19.6
IMPACT: DUST
During summer/ dry periods, vehicles driving on unpaved roads can generate dust that can be a
nuisance to homeowners, businesses and the general public. Natural resource extraction and other
industrial operations can also generate dust whether along roads or on the site itself, which can also be
a nuisance.
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
-
The location of ungravelled or non-vegetated areas in relationship to neighbouring residential
areas.
-
Any materials that may be placed on the ungravelled or non-vegetated areas, if any.
-
Potential traffic volumes.
-
Direction of prevailing winds.
-
Methods to control dust e.g. watering during dry periods.
D U S T R E Q U I R E M E N T S
-
Dust generated by a proposed use should not have an adverse impact on adjacent parcels that
would be greater than what is permitted under the district. Applicants are required to outline
proposed mitigation methods used to limit the impact on adjacent parcels and the wider
community.
H O W W I L L T H E T O W N A S S E S S T H E I M P A C T D U S T H A S O N T H E C O M M U N I T Y ?
-
Identify the potential location where dust could be generated and where it may travel and its
effect on adjoining parcels.
19.7
IMPACT: VIBRATION
Some industrial operations can cause ground vibration that can be felt kilometres away. Apart from
feeling like the world is constantly rumbling, vibrations can have detrimental effects that can cause
foundations to crack on buildings and infrastructure, which typically have a costly price tag to fix. Heavy
trucks can create vibration, which depending on the community in which it occurs, can have an impact
on the community and their infrastructure. Vibration can also have an impact on the natural
environment that can affect wildlife, and their habitats.
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
A Vibration Analysis prepared by a professional engineer to gauge the potential impact on the following:
-
Infrastructure within the vicinity of the vibration (roads, water, power, telecommunications, oil
and gas pipelines, etc.).
-
Foundations and the structural integrity of any buildings within the vicinity of the vibration.
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The level of vibration that may be experienced by a residential dwelling within proximity to the
use.
-
The potential impact on the natural landscape, such as slopes within the vicinity of the vibration.
V I B R A T I O N R E Q U I R E M E N T S
-
Vibrations generated by a proposed use shall not have an adverse impact on adjacent lands or
on the wider community. Applicants are required to outline proposed mitigation methods to
limit the impact of vibration.
H O W W I L L T H E T O W N A S S E S S T H E I M P A C T V I B R A T I O N H A S O N T H E C O M M U N I T Y ?
-
Based on the recommendations of a technical report prepared by a professional engineer.
19.8
IMPACT: ENVIRONMENTAL
It is widely understood that land uses and development of various types and forms can have an impact
on the natural environment. Understanding what that impact is and its magnitude is critical when
weighing the impact against the economic and social benefits.
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
-
Biophysical and Wetland Assessment.
-
Hydrological Analysis.
-
Geotechnical Analysis.
-
Slope Analysis.
-
Flood Plain Analysis.
-
Water Catchment Analysis.
-
Environmental Impact Assessment - Phase 1, 2, 3 or 4, if applicable.
E N V I R O N M E N T A L R E Q U I R E M E N T S
-
A proposed use should not have an adverse impact on the environment. Applicants are required
to outline proposed mitigation methods to limit impacts on the environment.
H O W W I L L T H E T O W N A S S E S S T H E E N V I R O N M E N T A L I M P A C T ?
-
The site characteristics and nature of the development occurring will determine what level of
technical report could be required. It is important to carry out a pre-application meeting with
municipal administration to establish what would be expected.
-
Based on the recommendations of technical reports and analysis mentioned above carried out
by a qualified professional.
19.9
IMPACT: MUNICIPAL INFRASTRUCTURE
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New/ additional development may trigger an influx of pressure on existing municipal services (water,
sewer/sanitary, roads and storm), that could require infrastructure upgrades, or even expansions.
Similarly, new/ additional development may trigger the creation of new roadways or the upgrading of
existing roadways.
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
-
Stormwater Analysis.
-
Water Analysis.
-
Sanitary Analysis.
-
Concept plan showing the layout of public or private roadways, with dimensions and
connections to the surrounding road network and the nature of vehicles and number being used
for the development/use.
-
Roadway cross-section.
M U N I C I P A L I N F R A S T R U C T U R E R E Q U I R E M E N T S
A proposed use should not have an adverse impact on the municipal servicing infrastructure. Applicants
are required to outline proposed mitigation methods that limit the impact the proposed use has on
municipal infrastructure.
H O W W I L L T H E T O W N A S S E S S T H E I M P A C T O N M U N I C I P A L I N F R A S T R U C T U R E ?
-
Capacity of system to accommodate the increase, taking account of other planning development
that the infrastructure was planned to accommodate.
-
Meeting the engineering design standards/requirements.
-
Determining what fiscal contributions may be required to compensate for the impact on the
infrastructure.
19.10 IMPACT: FISCAL
Residential development is typically subsidized, on average, of 3 to 1 by the non-residential tax base
(industrial and commercial development). Understanding where tax dollars are invested and who they
are servicing is a part of the development "go-or-no-go" equation. If a new development requires a
significant amount of municipal dollars to service, but only yields a minimal tax return, is it money well
spent?
The Town has a responsibility in managing services to the community in a responsibly fiscal manner. In
some circumstances an applicant may need to carry out a fiscal impact assessment for the Town to
understand the impact services they inherit from the development and their fiscal capacity to maintain,
operate and eventually replace in context to the tax rates generated by the development.
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
-
Fiscal Impact Assessment that assesses the fiscal impact on the Town and its taxpayers.
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F I S C A L R E Q U I R E M E N T S
-
A proposed use should not have an adverse impact on the municipal servicing infrastructure.
-
Applicants are required to outline proposed mitigation methods that limit the impact the
proposed use has on municipal infrastructure.
H O W W I L L T H E T O W N A S S E S S T H E F I S C A L I M P A C T O N T H E C O M M U N I T Y ?
-
Based on the recommendations of an assessment to determine the impact to the taxes and
operating costs of the overall development carried out by a qualified economist experienced
with fiscal impacts assessments.
19.11 IMPACT: CUMULATIVE
The cumulative impact is the incremental increase over time of uses that when combined have a
significant impact on a community.
H O W W I L L T H E T O W N A S S E S S T H E C U M U L A T I V E I M P A C T O N T H E C O M M U N I T Y ?
-
When assessing an application, the Town shall take into account how the use/development,
when combined with other same or similar use(s)/development(s), may be generating an overall
significant impact on the community. This may result in the application being declined and
subsequent amendment to the Land Use Bylaw and Municipal Development Plan to potentially
prohibit the use in certain areas of the Town.
19.12 IMPACT: SAFETY
How a development is designed may affect people's safety and increase the risk of personal injury of
those in the wider community. The design of any development will need to consider ways to mitigate
the risk of injury arising from the nature of the use and the design/layout of the development. This could
include utilizing principles of Crime Prevention Through Environmental Design (CPTED).
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
-
Plans showing the design and site layout of the use, including accesses.
-
Information on the nature, scale and intensity of the use.
S A F E T Y R E Q U I R E M E N T S
-
Identifying where potential safety risks are, and how they are being remedied, avoided or
mitigated.
H O W W I L L T H E T O W N A S S E S S T H E I M P A C T S A F E T Y H A S O N T H E C O M M U N I T Y ?
-
When assessing the application, the Town shall identify potential areas of risk and how they are
being managed to avoid the risk from occurring.
19.13 IMPACT: LAND LOSS
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Districting of lands serves to identify and allocate areas for specific purposes, particularly when certain
uses are incompatible with others or when the land provides essential services to the community and
economy. These lands are effectively designated as resources for specific uses, and introducing too
many unintended uses can undermine their intended purpose and result in a loss of functional land. It is
crucial to assess the extent of land lost to unintended uses and evaluate its impact on the district's
intended role and significance to the community.
W H A T I N F O R M A T I O N M I G H T T H E T O W N R E Q U E S T F R O M A P P L I C A N T S ?
-
Land area being lost from the proposed use or subdivision.
-
Why the use could not be located in another district more suitably aligned for its purpose.
-
Location of utilities: corridors of placements, height of powerlines.
H O W W I L L T H E T O W N A S S E S S T H E I M P A C T L A N D L O S S H A S O N T H E C O M M U N I T Y ?
-
When assessing the application, the Town shall assess the activity and the significance of loss of
the land related to the value of the purpose for which the district was established for. When
carrying out this assessment the Town will need to consider the precedence it sets that could
lead to other applicants wanting to carry out the same use/ subdivision.
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