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TOWN OF PICTURE BUTTE
LAND USE BYLAW
NO. 841-15
November 2015
Consolidated to Bylaw No. 936-23, June 2023
Prepared by
Town of Picture Butte Land Use Bylaw No. 841-15 Amendments - Page 1
Town of Picture Butte Land Use Bylaw No. 841-15 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
844-16
"Residential Multi-Unit - R5" to "Direct Control - DC";
Add specific standards for the Direct Control district
Block L, Plan 8774HS
14-Mar-2016
853-16
"Highway Commercial - C-2" to "Residential - R-1"
Lot 5, Block 8, Plan 7810085
26-Sep-2016
868-18
Various text amendments to regulate and clarify the
regulations pertaining to extensive agriculture, the
keeping of livestock and manure spreading within
town limits
28-May 2018
871-18
Various text amendments pertaining to the receiving,
processing and notification of development and
subdivision applications;
Various text amendments regarding Cannabis
Production Facilities and Retail Cannabis Stores
23-Jul-2018
882-19
"Residential Multi-Unit - R5" to "Residential - R1"
Lot 11, Block 2, Plan 169JK
13-May-2019
901-20
Various text amendments to allow for, and regulate,
fascia signs with electronic display in commercial and
industrial land use districts, expand the kinds of signs
permitted under category Type 1 to include fascia,
projecting, portable and temporary signs.
23-Nov-2020
909-21
"Residential - R1" to
"Residential Multi-Unit - R5"
Lot 5, Block 8, Plan 7810085
8-Feb-2021
910-21
Delete Accessory building and structures as a
discretionary use and include only as a permitted use
in all land use districts without the size specifications.
8-March-2021
911-21
Remove manure application and grazing of livestock
within the Urban Reserve Land Use District.
26-April-2021
918-21
"Rural Urban Fringe - RUF" to
"Industrial -1"
Lot 1, Block 1, Plan 1411186
14-June-2021
931-22
Amend "Temporary shipping container" from all
applicable land use districts from Discretionary Use
Type B to Permitted Use.
Amend Part 3 Development Not Requiring a
Development Permit to add "Temporary shipping
Container" with specific parameters.
Amend Part 4 Standards of Development to add
specific standards applicable to "Temporary shipping
container".
23-Jan-2023
932-23
"Residential - R1" to "Residential Multi-unit R5"
Lot 21, Block 5, Plan 1141FM
27-Feb-2023
936-23
"Rural Urban Fringe - RUF" to "Industrial - I"
Portion of NW 2-11-21-W4M
12-June-2023
Town of Picture Butte Land Use Bylaw No. 841-15
Table of Contents | i
TABLE OF CONTENTS
PART 1
ADMINISTRATION ....................................................................................................... Part 1 | 1
1.
TITLE ...................................................................................................................... Part 1 | 1
2.
DATE OF COMMENCEMENT .................................................................................. Part 1 | 1
3.
REPEAL OF FORMER LAND USE BYLAW ................................................................ Part 1 | 1
4.
AMENDMENTS TO THE BYLAW ............................................................................. Part 1 | 1
5.
SEVERABILITY ........................................................................................................ Part 1 | 2
6.
COMPLIANCE WITH THE LAND USE BYLAW .......................................................... Part 1 | 2
7.
COMPLIANCE WITH OTHER LEGISLATION ............................................................. Part 1 | 2
8.
RULES OF INTERPRETATION .................................................................................. Part 1 | 2
9.
DEFINITIONS .......................................................................................................... Part 1 | 2
10. APPLICATION FEES ................................................................................................ Part 1 | 2
11. APPENDICES .......................................................................................................... Part 1 | 3
12. METRIC MEASUREMENTS AND STANDARDS ........................................................ Part 1 | 3
APPROVING AUTHORITIES
13. DEVELOPMENT AUTHORITY .................................................................................. Part 1 | 3
14. DEVELOPMENT OFFICER - POWERS AND DUTIES ................................................ Part 1 | 4
15. MUNICIPAL PLANNING COMMISSION - POWERS AND DUTIES ........................... Part 1 | 5
16. SUBDIVISION AUTHORITY ..................................................................................... Part 1 | 6
17. SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB) ................................. Part 1 | 6
LAND USE DISTRICTS AND DEVELOPMENT IN GENERAL
18. LAND USE DISTRICTS ............................................................................................. Part 1 | 6
19. DEVELOPMENT IN MUNICIPALITY GENERALLY ..................................................... Part 1 | 7
20. DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ................................ Part 1 | 7
21. NON-CONFORMING USES AND BUILDINGS .......................................................... Part 1 | 7
22. NUMBER OF DWELLINGS ON A LOT ...................................................................... Part 1 | 8
23. SUITABILITY OF SITES ............................................................................................ Part 1 | 8
24. DEVELOPMENT AGREEMENTS .............................................................................. Part 1 | 9
DEVELOPMENT PERMIT RULES AND PROCEDURES
25. DEVELOPMENT PERMIT APPLICATIONS ............................................................... Part 1 | 10
26. 40-DAY TIME EXTENSIONS ................................................................................... Part 1 | 10
27. INCOMPLETE APPLICATIONS ................................................................................ Part 1 | 10
28. PROCESSING PERMITTED USE APPLICATIONS ..................................................... Part 1 | 11
Town of Picture Butte Land Use Bylaw No. 841-15
Table of Contents | ii
29. PROCESSING DISCRETIONARY USE APPLICATIONS .............................................. Part 1 | 12
30. PROCESSING APPLICATIONS REQUIRING WAIVERS ............................................. Part 1 | 13
31. SIMILAR USE APPLICATIONS ................................................................................ Part 1 | 14
32. TEMPORARY USE APPLICATIONS ......................................................................... Part 1 | 14
33. NOTIFICATION FOR DEVELOPMENT APPLICATIONS ............................................ Part 1 | 15
34. CONDITIONS ......................................................................................................... Part 1 | 15
35. DEVELOPMENT PERMIT NOTIFICATION ............................................................... Part 1 | 15
36. COMMENCEMENT OF DEVELOPMENT ................................................................ Part 1 | 16
37. PERMIT COMMENCEMENT .................................................................................. Part 1 | 17
38. DEEMED REFUSAL ................................................................................................ Part 1 | 17
39. PERMIT TRANSFERABILITY ................................................................................... Part 1 | 17
40. REAPPLICATION .................................................................................................... Part 1 | 18
41. SUSPENSION OF A DEVELOPMENT PERMIT ......................................................... Part 1 | 18
ENFORCEMENT PROCESS
42. NOTICE OF VIOLATION ......................................................................................... Part 1 | 18
43. STOP ORDERS ....................................................................................................... Part 1 | 19
44. ENFORCEMENT OF STOP ORDERS ....................................................................... Part 1 | 19
45. PENALTIES AND RIGHT OF ENTRY ........................................................................ Part 1 | 19
46. DEVELOPMENT APPEALS ...................................................................................... Part 1 | 20
47. REFERRALS TO LETHBRIDGE COUNTY .................................................................. Part 1 | 20
48. DEVELOPMENT COMMENCEMENT AND COMPLETION NOTIFICATION .............. Part 1 | 20
49. CONTRAVENTION OF BYLAW ............................................................................... Part 1 | 20
LAND USE BYLAW AMENDMENTS
50. AMENDMENTS TO THE LAND USE BYLAW ........................................................... Part 1 | 20
51. LAND USE REDESIGNATION APPLICATION REQUIREMENTS ................................ Part 1 | 21
52. REDESIGNATION CRITERIA ................................................................................... Part 1 | 22
SUBDIVISION APPLICATION RULES AND PROCEDURES
53. SUBDIVISION APPLICATIONS ................................................................................ Part 1 | 22
54. INCOMPLETE SUBDIVISION APPLICATIONS ......................................................... Part 1 | 23
PART 2
LAND USE DISTRICTS, MAP AND REGULATIONS ..................................................... Part 2 | 1
RESIDENTIAL - R1 .......................................................................................... Part 2 (R1) | 1
MANUFACTURED HOME - R2 ....................................................................... Part 2 (R2) | 1
LARGE LOT RESIDENTIAL - R3 ....................................................................... Part 2 (R3) | 1
RESIDENTIAL SMALL LOT - R4 ....................................................................... Part 2 (R4) | 1
RESIDENTIAL MULTI-UNIT - R5 .................................................................... Part2 (R5) | 1
Town of Picture Butte Land Use Bylaw No. 841-15
Table of Contents | iii
RETAIL COMMERCIAL - C1 ............................................................................ Part 2 (C1) | 1
HIGHWAY COMMERCIAL - C2 ....................................................................... Part 2 (C2) | 1
INDUSTRIAL - I ................................................................................................ Part 2 (I) | 1
PUBLIC - P ....................................................................................................... Part 2 (P) | 1
URBAN RESERVE - UR .................................................................................. Part 2 (UR) | 1
DIRECT CONTROL - DC ................................................................................. Part 2 (DC) | 1
PART 3
DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ................................ Part 3 | 1
PART 4
STANDARDS OF DEVELOPMENT ............................................................................... Part 4 | 1
A.
GENERAL USE PROVISIONS .................................................................................. Part 4 | 1
1.
QUALITY OF DEVELOPMENT ......................................................................... Part 4 | 1
2.
DESIGN, CHARACTER AND APPEARANCE ...................................................... Part 4 | 1
3.
DEVELOPMENT ON NON-CONFORMING SIZED LOTS ................................... Part 4 | 2
4.
STREET CORNER VISIBILITY ............................................................................ Part 4 | 2
5.
RETAINING WALLS, GRADING AND DRAINAGE ............................................. Part 4 | 3
6.
MULTIPLE FRONT YARD PROVISION ............................................................. Part 4 | 3
7.
REFUSE COLLECTION AND STORAGE ............................................................. Part 4 | 3
8.
DRIVEWAYS ................................................................................................... Part 4 | 4
9.
FENCES .......................................................................................................... Part 4 | 4
10. BUILDING SETBACKS ...................................................................................... Part 4 | 5
11. LANDSCAPING STANDARDS AND SCREENING ............................................... Part 4 | 5
12. ACCESSORY USE - AIR CONDITIONERS ......................................................... Part 4 | 7
13. SERVICING ..................................................................................................... Part 4 | 7
14. HAZARDOUS CHEMICAL STORAGE ................................................................ Part 4 | 8
15. OUTDOOR FUEL STORAGE ............................................................................ Part 4 | 8
16. EASEMENTS ................................................................................................... Part 4 | 8
17. CONSTRUCTION HOARDING ......................................................................... Part 4 | 8
18. SITE LIGHTING ............................................................................................... Part 4 | 8
19. COMMERCIAL AND INDUSTRIAL USE STANDARDS ....................................... Part 4 | 8
20. PARKING AND LOADING AREA REQUIREMENTS ........................................... Part 4 | 9
21. ARCHITECTURAL CONTROLS ........................................................................ Part 4 | 13
22. SITE PLANS .................................................................................................... Part 4 | 13
23. HAZARD LANDS ............................................................................................ Part 4 | 13
24. SETBACKS FROM ABANDONED WELLS ......................................................... Part 4 | 13
B.
SPECIFIC USE PROVISIONS .................................................................................. Part 4 | 14
25. ALTERNATIVE ENERGY SOURCES .................................................................. Part 4 | 14
26. BED AND BREAKFASTS .................................................................................. Part 4 | 15
Town of Picture Butte Land Use Bylaw No. 841-15
Table of Contents | iv
27. CAR AND TRUCK WASH FACILITIES .............................................................. Part 4 | 15
28. DAY CARE (BOTH CHILD AND ADULT CARE FACILITIES) ............................... Part 4 | 16
29. DAY HOME .................................................................................................... Part 4 | 17
30. GROUP CARE OR GROUP HOME FACILITY .................................................... Part 4 | 17
31. HOME OCCUPATIONS .................................................................................. Part 4 | 19
32. MANUFACTURED DWELLINGS ..................................................................... Part 4 | 21
33. READY-TO-MOVE DWELLINGS (NEW) .......................................................... Part 4 | 24
34. MOVED-IN DWELLINGS AND BUILDINGS ..................................................... Part 4 | 25
35. PORTABLE GARAGES AND COVERED STORAGE STRUCTURES ..................... Part 4 | 26
36. PRIVATE SWIMMING POOLS ........................................................................ Part 4 | 27
37. SATELLITE
OR
COMMUNICATION
ANTENNAS/DISH
OF
GREATER
THAN
0.9 METRE (3 FT.) IN DIAMETER ................................................................ Part 4 | 28
38. SECONDARY SUITES ...................................................................................... Part 4 | 28
39. SERVICE STATIONS AND GAS BARS .............................................................. Part 4 | 28
40. SHIPPING CONTAINERS (OR C-CONTAINERS, SEA-CONTAINERS) ................ Part 4 | 30
41. SOLAR COLLECTOR ....................................................................................... Part 4 | 32
42. SMALL WIND ENERGY SYSTEMS ................................................................... Part 4 | 32
43. TELECOMMUNICATION ANTENNA SITING PROTOCOLS .............................. Part 4 | 35
44. CANNABIS PRODUCTION FACILITY ............................................................... Part 4 | 35
45. RETAIL CANNABIS STORE ............................................................................. Part 4 | 36
PART 5
SIGN REGULATIONS .................................................................................................... Part 5 | 1
1.
ADMINISTRATION ......................................................................................... Part 5 | 1
2.
SIGNS NOT REQUIRING A PERMIT ................................................................. Part 5 | 1
3.
PROHIBITED SIGNS ........................................................................................ Part 5 | 2
4.
APPLICATION REQUIREMENTS ...................................................................... Part 5 | 3
5.
GENERAL STANDARDS FOR SIGNS ................................................................. Part 5 | 4
6.
PORTABLE SIGNS ........................................................................................... Part 5 | 5
7.
OFF-PREMISES SIGNS .................................................................................... Part 5 | 5
8.
TEMPORARY SIGNS ....................................................................................... Part 5 | 5
9.
PROJECTING
SIGNS
(CANOPY,
ROOF,
PROJECTING,
SHINGLE,
OVERHANGING) ........................................................................................... Part 5 | 6
10. MULTI-TENANT SIGNS ................................................................................... Part 5 | 7
11. DIRECTIONAL AND INFORMATIONAL SIGNS ................................................. Part 5 | 8
12. WINDOW SIGNS ............................................................................................ Part 5 | 8
13. FREESTANDING SIGNS ................................................................................... Part 5 | 8
14. FASCIA ........................................................................................................... Part 5 | 9
15. ELECTRONIC DISPLAY SIGNS ......................................................................... Part 5 | 10
Town of Picture Butte Land Use Bylaw No. 841-15
Table of Contents | v
16. BALLOON SIGNS ........................................................................................... Part 5 | 11
17. OTHER SIGNS ................................................................................................ Part 5 | 11
18. SIGN DEFINITIONS ........................................................................................ Part 5 | 11
PART 6
DEFINITIONS ................................................................................................................ Part 6 | 1
Appendix A
Fees
Appendix B
Forms and Applications
RESIDENTIAL DEVELOPMENT PERMIT APPLICATION
NON-RESIDENTIAL DEVELOPMENT PERMIT APPLICATION
HOME OCCUPATION DEVELOPMENT PERMIT APPLICATION
SIGN DEVELOPMENT PERMIT APPLICATION
DEMOLITION PERMIT APPLICATION
APPLICATION FOR A LAND USE BYLAW AMENDMENT
TELECOMMUNICATION SITING PROTOCOL APPLICATION & CHECKLIST
Appendix C
Telecommunication, Radiocommunication and Broadcast Antenna Systems and
Supporting Structures (Antenna Systems) Siting Protocol
Appendix D
Planning Bylaws
SUBDIVISION AUTHORITY BYLAW NO. 724/95
DEVELOPMENT AUTHORITY BYLAW NO. 725/95
SUBDIVISION AND DEVELOPMENT APPEAL BOARD BYLAW NO. 726/95
PART 1
ADMINISTRATION
Town of Picture Butte Land Use Bylaw No. 841-15
PART 1 | 1
TOWN OF PICTURE BUTTE
LAND USE BYLAW NO. 841-15
BYLAW NO. 841-15 OF THE TOWN OF PICTURE BUTTE IS FOR THE PURPOSE OF ADOPTING THE LAND USE
BYLAW IN ACCORDANCE WITH THE MUNICIPAL GOVERNMENT ACT, REVISED STATUTES OF ALBERTA 2000,
CHAPTER M-26, AS AMENDED (MGA).
WHEREAS the Council of the Town of Picture Butte intends to foster orderly growth and development
within the town; and
WHEREAS the Municipal Government Act allows municipalities to implement land use controls through a
Land Use Bylaw;
NOW THEREFORE the Council of the Town of Picture Butte hereby enacts the following:
PART 1
ADMINISTRATION
1.
TITLE
This Bylaw may be cited as the Town of Picture Butte Land Use Bylaw No. 841-15.
2.
DATE OF COMMENCEMENT
This Bylaw shall come into effect upon third and final reading thereof.
3.
REPEAL OF FORMER LAND USE BYLAW
Bylaw No. 747 as amended, being the current Land Use Bylaw of the Town of Picture Butte, is
repealed upon third and final reading of this Bylaw.
4.
AMENDMENTS TO THE BYLAW
(1) The Council may amend this Bylaw at any time in accordance with the procedures detailed in
section 692 of the Municipal Government Act (MGA).
(2) The public may make application to Council to amend this Bylaw in accordance with the
procedures outlined in Section 50 of this Bylaw.
PART 1 | 2
Town of Picture Butte Land Use Bylaw No. 841-15
5.
SEVERABILITY
If any provision of this Bylaw is held to be invalid by a decision of a court of competent jurisdiction,
that decision will not affect the validity of the remaining portions.
6.
COMPLIANCE WITH THE LAND USE BYLAW
(1) No development, other than those designated in Part 3, of this Bylaw (Development Not
Requiring a Development Permit), shall be undertaken within the Town unless a development
application has been approved and a development permit has been issued.
(2) Notwithstanding Section 6(1), while a development permit may not be required pursuant to Part
3, development shall comply with all regulations of this Bylaw.
7.
COMPLIANCE WITH OTHER LEGISLATION
Compliance with the requirements of this Bylaw does not exempt any person undertaking a
development from complying with all applicable municipal, provincial or federal legislation, and
respecting any easements, covenants, agreements or other contracts affecting the land or the
development.
8.
RULES OF INTERPRETATION
(1) Unless otherwise required by the context, words used in the present tense include the future
tense; words used in the singular include the plural; and the word person includes a corporation
as well as an individual. The Interpretation Act, Chapter I-8, RSA 2000 as amended, shall be used
in the interpretation of this Bylaw. Words have the same meaning whether they are capitalized
or not.
(2) The written regulations of this Bylaw take precedence over any graphic or diagram if there is a
perceived conflict.
(3) The Land Use Districts Map takes precedence over any graphic or diagram in the district
regulations if there is a perceived conflict.
9.
DEFINITIONS
See Part 6 - Definitions.
10. APPLICATION FEES
(1) Application fees are prescribed by Council under a separate bylaw. Refer to Appendix A.
(2) Refund or adjustment of prescribed fees requires the approval of Council.
(3) Whenever an application is received for a development or use not listed in Appendix A, the
amount of the fee shall be determined by the Development Officer or the Municipal Planning
Commission and shall be consistent with those fees listed in the Fee Schedule.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 1 | 3
11. APPENDICES
Appendices A through D attached hereto are for information purposes only and do not form part of
this Bylaw.
12. METRIC MEASUREMENTS AND STANDARDS
The metric standards in this Bylaw are applicable. Imperial standards are provided only for
convenience.
APPROVING AUTHORITIES
13. DEVELOPMENT AUTHORITY
(1) The Development Authority is established by separate bylaw pursuant to section 624 the MGA
and for the purposes of the Town of Picture Butte Land Use Bylaw, is the Development Officer
and the Municipal Planning Commission.
(2) Council shall decide upon development applications within any Direct Control district, unless
specifically delegated by bylaw to the Municipal Planning Commission or the Development
Officer, or another designate(s).
(3) In accordance with section 210 of the MGA and for the purpose of this Bylaw the Development
Officer is the Designated Officer.
(4) In the absence of the designated Development Officer, the following are authorized to act in the
capacity of Development Officer:
(a) Municipal Planning Commission,
(b) Chief Administrative Officer,
(c) Chief Administrative Officer designate, or
(d) a designate(s) in accordance with the MGA.
(5) The Development Officer is an authorized person in accordance with section 624 of the MGA.
(6) The Development Authority shall perform such powers and duties as are specified:
(a) in the Town of Picture Butte Development Authority or Municipal Planning Commission
Bylaw,
(b) in this Bylaw,
(c) in the Municipal Government Act,
(d) where applicable, by resolution of Council.
(7) Unless otherwise required by the context, words used to refer to the Development Authority in
this Bylaw are to include both the Development Officer and the Municipal Planning Commission.
PART 1 | 4
Town of Picture Butte Land Use Bylaw No. 841-15
14. DEVELOPMENT OFFICER - POWERS AND DUTIES
(1) The office of the Development Officer is hereby established and such office shall be filled by one
or more persons as appointed by resolution of Council.
(2) The Development Officer is responsible for:
(a) receiving, processing, deciding upon and referring applications for a development permit
in accordance with this Bylaw and determining whether a development permit application
is complete in accordance with Section 25 of Part 1;
(b) may decide upon or refer applications to the Municipal Planning Commission in accordance
with Sections 28-32 of this Bylaw;
(c) maintaining a register of all applications together with their disposition and other relevant
details;
(d) shall consider and decide on applications for a development permit for permitted uses that
comply with this Land Use Bylaw;
(e) except as provided in Sections (2)(f), (g) and (h), may consider and decide on applications
for a development permit for:
(i)
permitted uses that request one limited variance of a measurable standard not to
exceed 10 percent;
(ii) discretionary uses identified under "Discretionary Uses, Type B - Development
Officer" in the applicable land use district;
(iii) discretionary uses identified under "Discretionary Uses, Type B - Development
Officer" that request one limited variance of a measurable standard not to exceed 10
percent;
(iv) permitted uses on existing registered lots where the Municipal Planning Commission
granted a variance(s) to the minimum lot width, length and/or area requirements as
part of a subdivision approval;
(v) temporary uses in accordance with Part 1, Section 32;
(vi) landscaping;
(vii) fences, walls or other types of enclosures; and
(viii) demolition;
(f)
shall refer to the Municipal Planning Commission, with recommendations, all development
permit applications for which decision making authority has not been assigned to the
Development Officer;
(g) may refer any development application to the Municipal Planning Commission for a
decision and may refer any other planning or development matter to the Municipal
Planning Commission for its review, comment or advice;
(h) shall refer all development applications in a Direct Control District to Council for a decision,
unless Council has specifically delegated approval authority to the Development Officer or
the Municipal Planning Commission;
Town of Picture Butte Land Use Bylaw No. 841-15
PART 1 | 5
(i)
shall notify adjacent landowners and any persons who are likely to be affected by a
proposed development in accordance with Part 1, Section 35 of this Bylaw;
(j)
shall receive, review, and refer any applications to amend this Bylaw to Council;
(k) shall issue the written notice of decision and/or development permit on all development
permit applications and any other notices, decisions or orders in accordance with this
Bylaw;
(l)
may receive and consider and decide on requests for time extensions for Development
Permits which the Development Officer has approved and shall refer to the Municipal
Planning Commission those requests which the Municipal Planning Commission has
approved;
(m) shall provide a regular report to the Municipal Planning Commission summarizing the
applications made for a development permit and the decision made on the applications,
and any other information as the Municipal Planning Commission considers necessary;
(n) and shall perform any other powers and duties as are specified in this Bylaw, the
Development Authority Bylaw, the Municipal Planning Commission Bylaw, the MGA or by
resolution of Council.
15. MUNICIPAL PLANNING COMMISSION - POWERS AND DUTIES
(1) The Municipal Planning Commission may exercise only such powers and duties as are specified
in the MGA, the Development Authority and Municipal Planning Commission Bylaws, this Bylaw,
or by resolution of Council.
(2) For the purpose of section 624 of the MGA, the Municipal Planning Commission shall be the
Subdivision and Development Authority.
(3) The Municipal Planning Commission may perform only such powers and duties as are specified:
(a) the MGA,
(b) in the Town of Picture Butte Development Authority and Municipal Planning Commission
Bylaws,
(c) in this Bylaw, or
(d) by resolution of Council.
(4) The Municipal Planning Commission shall be responsible for:
(a) considering and deciding upon development permit applications referred to it by the
Development Officer;
(b) providing recommendations on planning and development matters referred to it by the
Development Officer or Council;
(c) considering and deciding upon requests for time extensions on development permit
applications referred to it by the Development Officer;
(d) considering and deciding upon applications for subdivision approval;
(e) any other powers and duties as are specified in this Bylaw, the Development Authority and
Municipal Planning Commission Bylaws, the MGA or by resolution of Council.
PART 1 | 6
Town of Picture Butte Land Use Bylaw No. 841-15
(5) The Municipal Planning Commission discretion to granting a variance or relaxation of a bylaw
standard is limited to 25 percent of the requirement unless the Municipal Planning Commission
determines a case of undue hardship is present and the authority and consideration for both
the MGA and Section 30(4) of the bylaw has been applied.
16. SUBDIVISION AUTHORITY
(1) In accordance with this Bylaw and the Subdivision and Development Authority Bylaw, the
Municipal Planning Commission shall be the Subdivision Authority for considering and deciding
upon subdivision applications.
(2) Council for the Town of Picture Butte may act as the Subdivision and Development Authority if
the Municipal Planning Commission refers subdivision applications to it for a decision.
(3) The Subdivision Authority may delegate, through the municipality's Subdivision Authority Bylaw,
this Bylaw, or by resolution of Council, to any individual, municipal staff, or a regional services
commission, any of its required functions or duties in the processing of subdivision applications.
In respect of this:
(a) the delegation of duties by the Subdivision Authority may include the authorized entity
being responsible for determining the completeness of a submitted subdivision application;
(b) the Subdivision Authority delegate is authorized to carry out the application process with
subdivision applicants as described in the Subdivision Application Rules and Procedures
section of the bylaw, including the task of sending all required notifications to applicants as
stipulated and conducting site inspections.
17. SUBDIVISION AND DEVELOPMENT APPEAL BOARD (SDAB)
The Subdivision and Development Appeal Board (SDAB) is established by separate bylaw pursuant
section 627 of the MGA, and may exercise such powers and duties as are specified in this Bylaw, the
MGA and the Subdivision and Development Appeal Board.
LAND USE DISTRICTS AND DEVELOPMENT IN GENERAL
18. LAND USE DISTRICTS
(1) The municipality is divided into those districts specified in Part 2 and shown on the Land Use
Districts Map.
(2) The one or more uses of land or buildings that are:
(a) permitted uses in each district, with or without conditions; or
(b) discretionary uses in each district, with or without conditions, or both;
are described in Part 2.
(3) A land use not listed as a permitted or discretionary use is prohibited.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 1 | 7
(4) A land use not listed as a permitted or discretionary use but which is reasonably similar in
character and purpose to a permitted or discretionary use in that district may be deemed a
similar use by the Development Authority.
19. DEVELOPMENT IN MUNICIPALITY GENERALLY
(1) A person who develops land or a building in the municipality shall comply with the standards of
development specified in Part 4 in addition to complying with the use or uses prescribed in Part
2 and any conditions attached to a development permit if one is required.
(2) A person who develops land or a building in the municipality is also responsible for ascertaining,
obtaining, and complying with the requirements of any federal, provincial or other municipal
legislation.
20. DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
Development that does not require a development permit is specified in Part 3.
21. NON-CONFORMING USES AND BUILDINGS
(1) If a development permit has been issued on or before the day on which this Bylaw or a land use
amendment bylaw comes into force in a municipality and the bylaw would make the
development in respect of which the permit was issued a non-conforming use or non-
conforming building, the development permit continues in effect in spite of the coming into
force of the bylaw.
(2) A non-conforming use of land or a building may be continued but if that use is discontinued for
a period of six consecutive months or more, any future use of the land or building must conform
with the Land Use Bylaw then in effect.
(3) A non-conforming use of part of a building may be extended throughout the building but the
building, whether or not it is a non-conforming building, may not be enlarged or added to and
no structural alterations shall be made to it or in it.
(4) A non-conforming use of part of a lot may not be extended or transferred in whole or in part to
any other part of the lot and no additional buildings may be constructed on the lot while the
non-conforming use continues.
(5) A non-conforming building may continue to be used, but the building may not be enlarged,
added to, rebuilt or structurally altered except:
(a) to make it a conforming building; or
(b) as the Development Officer considers necessary for the routine maintenance of the
building, in accordance with the variance powers provided for in section 643(5)(c) of the
MGA. Routine maintenance of the building may include the replacement of windows and
doors, and adding attached uncovered steps or decks less than 9.3 m² (100. sq. ft.) in area.
(6) If a non-conforming building is damaged or destroyed by more than 75 percent of the value of
the building above its foundation, the building may not be repaired or rebuilt except in
accordance with this Bylaw.
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Town of Picture Butte Land Use Bylaw No. 841-15
(7) Questions regarding the interpretation and application of Sections 3-6 of this Part shall, if
necessary, be referred to the MPC for interpretation and a decision.
(8) The land use or the use of a building is not affected by a change of ownership or tenancy of the
land or building.
(9) Where a proposed lot contains different dimensions than those prescribed within the land use
district in effect, or will result in an existing or future building not conforming with the height or
setback requirements prescribed within the district in effect, it may be approved where, in the
opinion of the Development Officer or Municipal Planning Commission, the noncompliance with
the district regulations is:
(a) minor in nature;
(b) consistent with the general character of the area;
(c) does not interfere with the use, enjoyment or value of the neighbouring properties; and
(d) the permit issued indicates a waiver has been granted.
22. NUMBER OF DWELLINGS ON A LOT
(1) Subject to Sections 22(2) and 22(3), no person shall construct or locate or cause to be
constructed or located more than one dwelling unit on a parcel.
(2) The Municipal Planning Commission may issue a development permit to a person that would
permit the construction or location of more than one dwelling unit on a parcel if the second or
additional dwelling unit:
(a) if a use allowing more than one dwelling unit is listed in the applicable district, such as
secondary suite;
(b) is contained in a building that, or in buildings each of which, is designed for or divided into
two or more dwelling units;
(c) is a manufacture home forming part of a park for manufactured home units; or
(d) is a building, as defined in the Condominium Property Act, that is the subject of a
condominium plan to be registered in a land titles office under that Act.
(3) The Municipal Planning Commission may, in a development permit, exempt any person or land
from the operation of Section 22(1) if:
(a) the dwelling is temporary in nature,
(b) the permit has an expiry time,
(c) the dwelling will be removed at the expiry of the permit.
23. SUITABILITY OF SITES
(1) Notwithstanding that a use of land may be permitted or discretionary or considered similar in
nature to a permitted or discretionary use in a land use district, the Development Officer,
Subdivision Authority, or Municipal Planning Commission, as applicable, may refuse to approve
a subdivision or issue a development permit if, in their opinion, the site of the proposed building
or use is not safe or suitable based on the following:
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PART 1 | 9
(a) does not have safe legal and physical access to a maintained road in accordance with
municipal requirements or those of Alberta Transportation if within 300 metres of a
provincial highway;
(b) has a high water table which makes the site unsuitable for foundations and/or sewage
disposal systems in accordance with provincial regulations;
(c) is situated on an unstable slope;
(d) consists of unconsolidated material unsuitable for building;
(e) does not comply with the requirements of the Provincial Land Use Policies, Alberta Land
Stewardship Act, Regional Plan, Subdivision and Development Regulation or any applicable
Statutory Plans;
(f)
is situated over an active or abandoned coal mine or oil and gas well or pipeline;
(g) is located within a floodplain;
(h) is unsafe due to contamination by previous land uses;
(i)
does not have adequate water and sewer provisions;
(j)
does not meet the lot size and/or setback requirements or any other applicable standards
or requirements of this Land Use Bylaw;
(k) is subject to any easement, caveat, restrictive covenant or other registered encumbrance
which makes it impossible to build on the site.
(2) Nothing in this section shall prevent the Development Officer, Subdivision Authority, or
Municipal Planning Commission, as applicable, from approving a lot for subdivision or issuing a
development permit if the relevant authority is satisfied that there is no risk to persons or
property or that these concerns will be met by appropriate engineering measures or other
mitigating measures.
24. DEVELOPMENT AGREEMENTS
(1) The Development Authority or Subdivision Authority may require as a condition of approving a
subdivision or issuing a development permit that the applicant enter into a development
agreement with the municipality in accordance with the MGA.
(2) Where a development is proposed in any land use district which would require servicing beyond
that which the municipality would normally supply, the Development Officer or Municipal
Planning Commission shall recommend to Council that a development agreement, establishing
the responsibilities of each of the involved parties, be entered into by the developer(s) and the
municipality as a condition of approval.
(3) The Development Authority may require the applicant to submit a type of legal financial security
(e.g. money, security bond, an irrevocable letter of credit, etc.) in a form and amount acceptable
to the municipality guaranteeing the terms of the development agreement will be carried out
by the developer.
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Town of Picture Butte Land Use Bylaw No. 841-15
DEVELOPMENT PERMIT RULES AND PROCEDURES
25. DEVELOPMENT PERMIT APPLICATIONS
(1) Except as provided in Part 3, no person shall commence a development unless he has been
issued a development permit in respect of the proposed development.
(2) An application for a development permit must be made to the Development Officer by
submitting:
(a) a completed application in Appendix B;
(b) the fee prescribed in Appendix A; and
(c) such other information as may be required by the Development Officer or Municipal
Planning Commission including:
(i)
a site plan indicating:
- legal description and the location of existing and proposed development,
including location and dimension of eaves, in relation to the lot boundaries;
- dimensions clearly illustrated;
- all property lines and easements;
(ii) floor plans, elevations and sections at a minimum scale of 1:200 or such other scale as
required by the Development Officer or Municipal Planning Commission; and
(iii) studies of projected traffic volumes, utilities, landscaping, urban design, parking,
environmental impact assessment, slope, soil or any other information as required by
the Development Officer or Municipal Planning Commission.
(3) An application for a development permit must be made by the owner of the land on which the
development is proposed or, with the consent of the owner, by any other person.
(4) The Development Officer may request a current title documenting ownership.
(5) The Designated Officer may request a Surveyor's Sketch to verify locations of buildings or
improvements.
26. 40-DAY TIME EXTENSIONS
For an application involving a waiver to exceed 10 percent, a discretionary use, or where an
application is to be referred to the Municipal Planning Commission for a decision, the municipality
may ask that the applicant, if they are in agreement, to enter into a 40-day decision Time Extension
agreement as part of the application, where it is apparent that the Municipal Planning Commission
may not be able to meet within the MGA prescribed 40-day period for a decision.
27. INCOMPLETE APPLICATIONS
(1) The Development Officer or the Municipal Planning Commission may refuse to accept a
development permit application where the information required by Part 1, Section 25
(Development Permit Application) is incomplete or where, in its opinion, the quality of the
material supplied is inadequate to properly evaluate the application.
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PART 1 | 11
(2) A Development Officer shall, within 20 days after the receipt of an application in accordance
with Section 25 for a development permit, determine whether the application is complete.
(3) An application is complete if, in the opinion of the Development Officer, the application contains
the documents and other information necessary to review the application.
(4) The time period referred to in Section 27(2) may be extended by an agreement in writing
between the applicant and the Development Officer.
(5) If the Development Officer does not make a determination referred to in Section 27(2) above
within the time required under Section 27(2) or 27(4), the application is deemed to be complete.
(6) If a Development Officer determines that the application is complete, the Development Officer
shall issue to the applicant a written Notice of Completeness acknowledging that the application
is complete, delivered by hand, mail or electronic means.
(7) If the Development Officer determines that the application is incomplete, the Development
Officer shall issue to the applicant a written notice indicating that the application is incomplete
and specifying the outstanding documents and information to be provided, including but not
limited to those required by Section 25. A submittal deadline for the outstanding documents
and information shall be set out in the notice or a later date agreed on between the applicant
and the Development Officer in order for the application to be considered complete.
(8) If the Development Officer determines that the information and documents submitted under
Section 27(7) above are complete, the Development Officer shall issue to the applicant a written
Notice of Completeness acknowledging that the application is complete, delivered by hand, mail
or electronic means.
(9) If the required documents and information under Section 27(7) have not been submitted to the
Development Officer within the timeframe prescribed in the notice issued under Section 27(7),
the Development Officer shall return the application to the applicant accompanied by a written
Notice of Refusal stating the application is deemed refused and the reasons for refusal.
(10) Despite issuance of a Notice of Completeness under Section 27(6) or 27(8), the Development
Authority or Municipal Planning Commission in the course of reviewing the application may
request additional information or documentation from the applicant that the Development
Authority considers necessary to review the application.
28. PROCESSING PERMITTED USE APPLICATIONS
(1) Upon receipt of a completed application for a development permit for a permitted use, the
Development Officer may, if the application conforms with this Bylaw:
(a) issue a development permit with or without conditions, including the provision of a
development agreement pursuant to the MGA; or
(b) refer an application to the Municipal Planning Commission for a decision.
(2) Upon the receipt of a completed application for a development permit for a permitted use which
would require a waiver, the Development Officer shall evaluate the application, and:
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Town of Picture Butte Land Use Bylaw No. 841-15
(a) if a minor waiver is required, may waive the applicable standard and issue a development
permit with or without conditions, provided the waiver does not exceed 10 percent of any
measurable standard specified in the bylaw; or
(b) if the waiver required exceeds the 10 percent of any measurable standard in the bylaw, the
designated officer shall refer the application to the Municipal Planning Commission for a
decision.
(3) The Development Officer or Municipal Planning Commission may place any of the following
conditions on a development permit for a permitted use:
(a) requirement to enter into a development agreement, including requirements for oversize
improvements;
(b) pay any applicable off-site levy or redevelopment levy;
(c) provide a geotechnical investigation to ensure that the site is suitable in terms of
topography, soil characteristics, slope stability, soil analysis, flooding subsistence, erosion
and sanitary sewage servicing;
(d) require the alteration of a structure or building size or location to ensure any setback
requirements of this Land Use Bylaw or the Subdivision and Development Regulation can
be met;
(e) any measures to ensure compliance with the requirements of this Land Use Bylaw, its
standards of development, or any other statutory plan adopted by the Town of Picture
Butte;
(f)
provide easements and encroachment agreements;
(g) provide public utilities, other than telecommunications systems or works, and vehicular
and pedestrian access;
(h) require repairs or reinstatement of the original condition of any street furniture, curbing,
sidewalk, boulevard landscaping and tree planting which may be damaged, destroyed, or
otherwise altered by development or building operations upon the site, to the satisfaction
of the Development Officer;
(i)
to provide security to ensure the terms of the permit approval under this section are carried
out (e.g. bond, letter of credit) which will be returned upon completion of the work to the
satisfaction of the Town;
(j)
stipulate time periods specifying completion of development;
(k) any measures to ensure compliance with applicable provincial legislation.
29. PROCESSING DISCRETIONARY USE APPLICATIONS
(1) Upon receipt of a completed application for a development permit for a discretionary use, the
Development Officer shall:
(a) for a Type A use - send the application to the Municipal Planning Commission for a decision;
(b) for a Type B use - either make a decision on the application, or refer the application to the
Municipal Planning Commission for a decision.
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PART 1 | 13
(2) Upon receipt of an application under Section 29(1), the Development Officer acting on behalf of
the Municipal Planning Commission shall notify or cause to be notified the owners of the land
likely to be affected by the issue of a development permit in accordance with Section 33, a
minimum of five days before the meeting to consider the application is held.
(3) After consideration of any response to the notifications of persons likely to be affected, including
Lethbridge County, government departments and referral agencies as applicable, and
determining compatibility and suitability of the proposed use, and any other relevant matters,
the Development Authority may:
(a) issue a development permit with or without conditions; or
(b) refuse to issue a development permit application, stating the reasons.
(4) The Municipal Planning Commission, or Development Officer for Type B uses, may place any of
the conditions stipulated in Section 28(3) on a development permit for a discretionary use in
any land use district, in addition to any other conditions necessary to ensure the quality,
suitability and compatibility of a development with other existing and approved uses in the area.
30. PROCESSING APPLICATIONS REQUIRING WAIVERS
(1) Upon receipt of a completed application for a development permit for a development that does
not comply with this Bylaw, but in respect of which the Development Officer is requested by the
applicant to exercise discretion under Section 29(1)(a), the Development Officer shall send the
application to the Municipal Planning Commission.
(2) Upon receipt of an application under Section 29(1), and if the Municipal Planning Commission is
prepared to exercise its discretion under Section 30(4), the Development Officer acting on
behalf of the Municipal Planning Commission shall notify or cause to be notified the owners of
land likely to be affected by the issue of a development permit in accordance with Section 33.
(3) Where the Municipal Planning Commission is requested to exercise its discretion under Section
30(4), its discretion to granting a variance or relaxation of a bylaw standard is limited to 25
percent of the requirement unless the Municipal Planning Commission determines a case of
undue hardship is present and the authority and consideration for both the MGA and Section
30(4) of the bylaw has been applied.
(4) The Municipal Planning Commission is authorized to decide upon an application for a
development permit notwithstanding that the proposed development does not comply with this
Bylaw if, in the opinion of the Municipal Planning Commission:
(a) the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii) materially interfere with or affect the use or enjoyment or value of neighbouring
properties;
and
(b) the proposed development conforms with the use prescribed for that land or building in
Part 2.
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Town of Picture Butte Land Use Bylaw No. 841-15
31. SIMILAR USE APPLICATIONS
(1) The Municipal Planning Commission may approve a proposed development not allowed in a
land use district if, in the opinion of the Municipal Planning Commission, the proposed
development is similar in character and purpose to a permitted or discretionary use that is
allowed in that district.
(2) Upon referral of the application by the Development Officer, the Municipal Planning
Commission shall rule whether or not the proposed use is either similar to a permitted or
discretionary use in the land use district in which it is proposed, and:
(a) if the use is deemed similar to a permitted or discretionary use in the land use district in
which it is proposed, the application shall be reviewed as a discretionary use and a
development permit may be issued with or without conditions after consideration of any
responses to the notifications of persons likely to be affected by the development;
(b) if the use is not deemed similar to a permitted or discretionary use in the land use district
in which it is proposed, the development permit shall be refused.
32. TEMPORARY USE APPLICATIONS
(1) The Development Officer or Municipal Planning Commission for a permitted, discretionary, or
similar use, may issue a temporary development permit for a period not to exceed one year for
uses that are:
(a) determined to be temporary in nature; or
(b) for uses that may have impacts to adjacent land uses whereby a permit for a temporary
period of time may have merit to ensure the development does not negatively impact the
surrounding land uses.
(c) If another part or section of the bylaw stipulates a specific maximum time period for a use
different than the one year, then that period shall apply.
(2) Temporary use applications shall be subject to the following conditions:
(a) it shall be a condition of every temporary development permit that the Town of Picture
Butte shall not be liable for any costs involved in the cessation or removal of any
development at the expiration of the permitted period and the applicant or developer is
responsible for any costs involved in the removal of any development at the expiration of
the permitted period;
(b) the Development Authority may require the applicant to submit a security bond or
irrevocable letter of credit guaranteeing the cessation or removal of the temporary use;
and
(c) any other conditions as deemed necessary.
(3) Permits issued under Section 32(1)(b) above may apply for a non-temporary (permanent)
development permit at the expiration of the temporary permit.
(4) Notification of persons likely to be affected, including Lethbridge County, government
departments and referral agencies shall be in accordance with Section 33.
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PART 1 | 15
33. NOTIFICATION FOR DEVELOPMENT APPLICATIONS
(1) Upon receipt of an application under Sections 28 (if a waiver is required), 29 and 30, the
Development Officer shall notify the persons likely to be affected by the issuing of a
development permit by:
(a) sending notice of the application to adjacent land owners; or
(b) placing an advertisement in the local newspaper circulating within the municipality, or and
at their discretion;
(c) placing a notice on the property in a prominent place; or
any combination of the above, at least five days prior to the meeting date of the Municipal
Planning Commission.
(2) In all cases, notification shall:
(a) describe the nature and location of the use;
(b) state the place and time where the Municipal Planning Commission will meet to consider
the application, and state that written or oral submissions on the application will be
received at this time.
(3) After considering any response to the notifications to persons likely to be affected by the
development, the Municipal Planning Commission may issue a development permit with or
without conditions, or may refuse to issue a permit.
34. CONDITIONS
In addition to the conditions that the Development Officer or Municipal Planning Commission may
impose on a development permit under Part 4, the Development Officer and the Municipal Planning
Commission may impose such conditions for permitted or discretionary uses, respectively, as is
considered necessary to ensure that this Bylaw and the municipal development plan are complied
with.
35. DEVELOPMENT PERMIT NOTIFICATION
(1) A decision of the Development Authority on an application for a development permit must be
issued in writing in accordance with Section 35(3) below.
(2) Upon the approval of the application and the issue of a development permit, the Development
Authority shall immediately notify or cause to be notified, any persons likely to be affected or
who have the right to appeal the decision of the Development Authority in accordance with the
procedure in Section 46. The following notification processes shall be used:
Permitted Use Permits
(3) Upon issuance of a development permit for a permitted use that complies with this Bylaw, the
Development Authority shall:
(a) send to the applicant a letter by regular postal mail, or send by electronic means, or both,
or by any other method as may be agreed to between the applicant and Development
Authority, a written notice of decision; and
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Town of Picture Butte Land Use Bylaw No. 841-15
(b) notify the public by either:
(i)
posting a copy of the decision in a prominent place in the Town Office for at least 14
days, or
(ii) publishing a notice of the decision in a newspaper circulated within the municipality,
or
(iii) any combination of the above.
All Other Permits
(4) Upon the issue or refusal of a development permit for a use under Section 28, 29 (discretionary
use), 30 (if a waiver is required), 31 (similar use) and 32 (temporary uses), the Development
Officer shall immediately:
(a) send a letter by regular postal mail, or send by electronic means, or both, or by any other
method as may be agreed to between the applicant and Development Authority, a written
notice of decision to the applicant; and
(b) notify all persons likely to be affected by the development by either:
(i)
mailing a copy of the decision to those persons, departments and agencies, or
(ii) place an advertisement in the local newspaper circulating within the municipality,
and/or at his discretion,
(iii) place a notice on the property in a prominent place; or
(iv) any combination of the above.
Issuance of Decision and Timeframes
(5) Upon issuance of a decision, the Development Officer will give or send a copy of the written
decision, which includes the date on which the decision was made, to the applicant on the same
day the decision is made.
For the purposes of Section 35(5), the "date on which the decision was made" means:
(a) the date the Development Authority signs the notice of decision or development permit;
or
(b) the date the decision is posted in the newspaper;
whichever occurs later.
36. COMMENCEMENT OF DEVELOPMENT
(1) Notwithstanding the issue of a development permit, no development authorized by the issue of
a permit shall commence:
(a) until at least 21 days after the date on which the decision was made to issue the permit;
(b) if an appeal is made, until the appeal is decided upon.
This does not apply to a development permit for a permitted use issued without conditions.
(2) Unless a development is suspended or cancelled, a development permit remains in effect for 12
months from the date of its issue.
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PART 1 | 17
(3) The validity of a development permit may be extended for up to 18 months from the date of its
issue:
(a) by the Municipal Planning Commission for discretionary uses, or
(b) by the Development Officer for permitted uses.
37. PERMIT COMMENCEMENT
(1) Unless a development permit is suspended or cancelled, the application must be commenced
or carried out with reasonable diligence in the opinion of the Development Officer or the
Municipal Planning Commission within 12 months from the date of issuance of the permit,
otherwise the permit is no longer valid.
(2) If a development has not commenced within the time period specified in Section 37(1), the
validity of a development permit may be extended for up to six additional months by the
Development Authority.
(3) A valid development permit is transferable where the use remains unchanged and the
development is affected only by a change of ownership, tenancy or occupancy.
(4) When any use has been discontinued for a period of 18 months or more, any development
permit that may have been issued is no longer valid and said use may not be recommenced until
a new application for a development permit has been made and a new development permit
issued. This section does not apply to non-conforming uses which are regulated under section
643 of the MGA. See also Section 21 - Non-conforming Buildings and Uses of this Bylaw.
(5) The Development Officer or the Municipal Planning Commission may place conditions on a
development permit approval that stipulate a timeframe for the completion of a development.
38. DEEMED REFUSAL
In accordance with section 684 of the MGA, an application for a development permit shall, at the
option of the applicant, be deemed to be refused when the decision of the Development Officer or
Municipal Planning Commission, as the case may be, is not made within 40 days of receipt of the
completed application by the Development Officer and a Time Extension Agreement has not been
entered into.
39. PERMIT TRANSFERABILITY
(1) A valid development permit is transferable where the use remains unchanged and the
development is affected only by a change in ownership, tenancy or occupancy.
(2) When any use has been discontinued for a period of 18 months or more, any development
permit that may have been issued is no longer valid and said use may not be recommenced until
a new application for a development permit has been made and a new development permit
issued.
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Town of Picture Butte Land Use Bylaw No. 841-15
40. REAPPLICATION
(1) If an application for a development permit is refused by the Development Officer, the Municipal
Planning Commission or, on appeal, by the Subdivision and Development Appeal Board, another
application for a development:
(a) on the same lot, and
(b) for the same or similar use,
may not be accepted for at least six months after the date of refusal.
(2) If an application was refused solely because it did not comply with this Bylaw, or was refused as
an incomplete application under Section 27, another application on the same lot for the same
or similar use may be accepted before the time period referred to in Section 40(1) provided the
application has been modified to comply with this Bylaw. All applicable fees shall apply.
41. SUSPENSION OF A DEVELOPMENT PERMIT
(1) If, after a development permit has been issued, the Development Officer or Municipal Planning
Commission becomes aware that:
(a) the application for the development permit contained a serious misrepresentation; or
(b) facts concerning the application on the development, that were not disclosed and which
should have been disclosed at the time the application was considered, have subsequently
become known; or
(c) a development permit was issued in error;
the Development Officer or Municipal Planning Commission may suspend or cancel the
development permit by notice in writing to the holder of it.
(2) If a development permit is suspended, the applicant may appeal to the Subdivision and
Development Appeal Board which may:
(a) reinstate the development permit; or
(b) cancel the development permit, if the Development Officer or Municipal Planning
Commission, as the case may be, would not have issued the development permit if the facts
subsequently disclosed had been known during consideration of the application.
ENFORCEMENT PROCESS
42. NOTICE OF VIOLATION
Where the Development Officer or Municipal Planning Commission finds that a development or use
of land or buildings is not in accordance with the MGA, the Subdivision and Development Regulation,
a development permit or subdivision approval, or this Bylaw, the Development Officer may issue a
notice of violation to the registered owner or the person in possession of the land or buildings or to
the person responsible for the contravention. Such notice shall state the following:
(a) nature of the violation,
Town of Picture Butte Land Use Bylaw No. 841-15
PART 1 | 19
(b) corrective measures required to comply, and
(c) time period within which such corrective measures must be performed.
43. STOP ORDERS
(1) The Development Officer or Municipal Planning Commission is authorized to issue an Order
under section 645 of the MGA if a development, land use of a building is not in accordance with
the MGA, the Subdivision and Development Regulation, a development permit or subdivision
approval, or in this Bylaw.
(2) A person who receives notice pursuant to Section 43(1) may appeal the order to the Subdivision
and Development Appeal Board in accordance with the MGA.
44. ENFORCEMENT OF STOP ORDERS
(1) Pursuant to section 646 of the MGA, if a person fails or refuses to comply with an order directed
to the person under section 645 or an order of a subdivision and development appeal board
under section 687, the Development Officer may, in accordance with section 542, enter on the
land or building and take any action necessary to carry out the order.
(2) The Town may register a caveat under the Land Titles Act in respect of an order referred to in
Section 44(1) against the certificate of title for the land that is subject of an order.
(3) If a caveat is registered under Section 44(2) the Town may discharge the caveat when the order
has been complied with.
(4) If compliance with a stop order is not voluntarily effected, the Town may undertake legal action,
including but not limited to, seeking injunctive relief from the Alberta Court of Queen's Bench
pursuant to section 554 of the MGA. In accordance with section 553 of the MGA, the expenses
and costs of carrying out an order under section 646 of the MGA may be added to the tax roll of
the parcel of land.
45. PENALTIES AND RIGHT OF ENTRY
(1) Any person who contravenes any provision of this Bylaw is guilty of an offence in accordance
with Part 13, Division 5, Offences and Penalties of the Municipal Government Act and is liable to
a fine of not more than $10,000 or to imprisonment for not more than one year or to both fine
and imprisonment.
(2) In accordance with section 542 of the MGA, a designated officer may, after giving reasonable
notice to and obtaining consent from the owner or occupier of land upon which this Bylaw or
MGA authorizes anything to be inspected, remedied or enforced or done by a municipality:
(a) enter on that land at a reasonable time and carry out inspection, enforcement, or action
authorized or required by the enactment or bylaw;
(b) request anything to be produced to assist in the inspection, remedy, enforcement or action,
and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
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Town of Picture Butte Land Use Bylaw No. 841-15
(3) If a person refuses to grant consent or refuses to produce anything to assist in the inspection,
remedy, enforcement or action referred to in section 542 of the MGA, the municipality under
the authority of section of the MGA may obtain a court order.
46. DEVELOPMENT APPEALS
Any person applying for a development permit or any other person affected by any order, decision
or development permit made or issued by the Development Officer or Municipal Planning
Commission or any development application deemed refused in accordance with Section 27(9), may
appeal such an order or decision or deemed refusal to the Subdivision and Development Appeal
Board in accordance with the procedures described in the MGA.
47. REFERRALS TO LETHBRIDGE COUNTY
If a proposed development application or amendment to this Bylaw could have an effect on
Lethbridge County, the Development Officer shall refer it to Lethbridge County for comment.
48. DEVELOPMENT COMMENCEMENT AND COMPLETION NOTIFICATION
The person to whom a development permit has been issued shall notify the Development Officer:
(a) following the preliminary layout of the site, but prior to the commencement of actual
development thereon; and
(b) upon completion of the development.
49. CONTRAVENTION OF BYLAW
Every person who contravenes any provision of this Bylaw is guilty of an offense in accordance with
Division 5, Offences and Penalties, of the MGA.
LAND USE BYLAW AMENDMENTS
50. AMENDMENTS TO THE LAND USE BYLAW
(1) Any person may initiate amendments to this Bylaw regarding textual amendments or land use
redesignations by making an application to the Development Officer.
(2) All applications for amendment shall be submitted using the applicable form and be
accompanied by any additional information, as deemed necessary by the Development Officer
to process the application, and any applicable fee paid to the municipality as required.
(3) The Development Officer may refuse to accept an application if, in his/her opinion, the
information supplied is not sufficient to make a proper evaluation of the proposed amendment.
(4) The Development Officer shall forward the application to Council for a decision if he/she is
satisfied sufficient information has been provided with the application.
(5) Council or the Development Officer may refer the application to the Municipal Planning
Commission for their recommendation prior to the application being considered by Council.
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PART 1 | 21
(6) The application shall be processed in compliance with the requirements of the MGA, including
the processes for notice of public hearings and the conduct of meetings.
(7) Where an application for an amendment to this Bylaw has been refused by Council, another
application that is the same or similar in nature shall not be accepted until at least six months
after the date of refusal.
(8) Council, at its discretion, may accept another application in respect of Section 50(7) above within
six months, if the resubmitted application is to address revisions, requirements or instructions
of Council regarding the proposal, and Council is satisfied its instructions have been adhered to.
51. LAND USE REDESIGNATION APPLICATION REQUIREMENTS
(1) A request for redesignation from one land use district to another shall be accompanied by:
(a) a completed application form and fee;
(b) a narrative describing the:
(i)
proposed designation and future use(s);
(ii) consistency with applicable statutory plans;
(iii) compatibility of the proposal with surrounding uses and zoning;
(iv) development potential/suitability of the site, including identification of any
constraints and/or hazard areas (e.g. easements, soil conditions, topography,
drainage, etc.);
(v) availability of facilities and services (sewage disposal, domestic water, gas, electricity,
fire and police protection, schools, etc.) to serve the subject property while
maintaining adequate levels of service to existing development; and
(vi) any potential impacts on public roads.
The applicant may also be requested to provide the following in support of a redesignation
application:
(c) conceptual subdivision design, if applicable;
(d) a geotechnical report prepared by an engineer demonstrating soil stability/suitability if
deemed necessary;
(e) an evaluation of surface drainage which may include adjacent properties if deemed
necessary; and
(f)
any other information deemed necessary by the Designated Officer or Council to properly
evaluate the application.
(2) An Area Structure Plan or Conceptual Design Scheme may be required in conjunction with a
redesignation application when:
(a) redesignating land to another district,
(b) multiple parcels of land are involved,
(c) more than four lots could be created,
PART 1 | 22
Town of Picture Butte Land Use Bylaw No. 841-15
(d) several pieces of fragmented land are adjacent to the proposal,
(e) internal public roads would be required,
(f)
municipal services would need to be extended, or
(g) required by Council or the Development Authority.
52. REDESIGNATION CRITERIA
When redesignating land from one land use district to another, Council should consider the following
when making a decision:
(a) compliance with applicable standards and provisions of the Land Use Bylaw;
(b) consistency with any adopted statutory plans;
(c) compatibility with adjacent uses;
(d) development potential/suitability of the site;
(e) availability of facilities and services (sewage disposal, domestic water, gas, electricity, police and
fire protection, schools, etc.), to serve the subject property and any potential impacts to levels
of service to existing development;
(f)
potential impacts on public roads;
(g) setback distances contained in the Subdivision and Development Regulation;
(h) supply of suitably designated land;
(i)
public comment and any applicable review agency comments; and
(j)
any other matters deemed pertinent.
SUBDIVISION APPLICATION RULES AND PROCEDURES
53. SUBDIVISION APPLICATIONS
(1) An applicant applying for subdivision shall provide the required material and information as
requested by the Subdivision Authority or its designate. A completed application shall consist
of:
(a) an official application, in the manner and form prescribed, clearly and legibly filled out with
all the required information and signatures provided as requested on the form;
(b) the applicable fees paid;
(c) an up-to-date and current copy of the Certificate of Title to the subject land;
(d) a (clear and legible) diagram, surveyors sketch or tentative subdivision plan with
dimensions and a north arrow, in the manner requested which may include the provision
that it be professionally prepared as stipulated;
(e) provincial abandoned gas well information;
Town of Picture Butte Land Use Bylaw No. 841-15
PART 1 | 23
(f)
any such other information as may be required at the discretion of the Subdivision
Authority in order to accurately evaluate the application and determine compliance with
the Land Use Bylaw or other government regulations. This may include but is not limited
to the provision of geotechnical information, soil analysis reports, water reports, soil or
slope stability analysis, drainage information, contours and elevations of the land,
engineering studies or reports, wetland reports, environmental impact assessments, utility
and servicing information, and/or the preparation of a conceptual design scheme or an area
structure plan may be required from the applicant prior to a decision being rendered on a
subdivision application to determine the suitability of the land for the proposed use;
(g) the consent to authorize the Subdivision Authority or its designate to carry out a site
inspection on the subject land as authorized in accordance with the MGA must also be
provided on the submitted application form unless determined not to be needed by the
Subdivision Authority.
(2) In accordance with the MGA, the Subdivision Authority or those authorized to act on its behalf,
shall provide notification to a subdivision applicant within the 20-day prescribed time period, on
whether a submitted application is deemed complete, or if it is determined to be deficient what
information is required to be submitted by a specified time period, by sending notification in the
following manner:
(a) for an application deemed complete, the applicant shall be notified in writing as part of the
formal subdivision application circulation referral letter;
(b) for an application determined to be incomplete, written notification shall be given to the
applicant (Notice of Incompleteness) which may be in the form of a letter sent by regular
mail to the applicant, or sent by electronic means, or both, or by any other method as may
be agreed to between the applicant and Subdivision Authority;
(c) in respect of subsection (b) for a subdivision application determined to be incomplete, the
applicant will be advised in writing as part of the Notice of Incompleteness what the
outstanding or required information items are that must be submitted by the time specified
in the notice.
(3) Notwithstanding Section 53(2), the applicant and Subdivision Authority may agree and sign a
time extension agreement in writing in accordance with section 653.1(3) of the MGA to extend
the 20-day decision time period to determine whether the subdivision application and support
information submitted is complete.
(4) A determination made by the Subdivision Authority that an application is complete for
processing does not preclude the ability for the Subdivision Authority to request other
information or studies to be submitted by the applicant during the review and processing period,
prior to a decision being rendered, or as condition of subdivision approval.
54. INCOMPLETE SUBDIVISION APPLICATIONS
(1) The Subdivision Authority may refuse to accept and process a subdivision application where the
information required under Section 53(1) and/or as described in a Notification of
Incompleteness has not been submitted, is determined to be deficient, is still incomplete, or in
the opinion of the Subdivision Authority the quality of the material supplied is inadequate to
properly evaluate the application.
PART 1 | 24
Town of Picture Butte Land Use Bylaw No. 841-15
(2) If the Subdivision Authority makes a determination that the application is refused due to
incompleteness, the applicant shall be notified in writing with reasons in the manner as
described in Section 53(2)(b).
(3) The notification provided for in Section 54(2) shall include for the applicant the required
information on the filing of an appeal and to which appeal board body the appeal lies, either the
local appeal board or provincial Municipal Government Board, in accordance with the
parameters of the MGA.
PART 2
LAND USE DISTRICTS, MAP AND REGULATIONS
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 | 1
PART 2
LAND USE DISTRICTS, MAP AND REGULATIONS
1.
The municipality is divided into those districts shown on the Land Use District Map of this Part.
2.
Each district shown on the map referred to in Section 1 above shall be known by the following
identifying names and symbols:
RESIDENTIAL
- R1
MANUFACTURED HOME
- R2
LARGE LOT RESIDENTIAL
- R3
RESIDENTIAL SMALL LOT
- R4
RESIDENTIAL MULTI-UNIT - R5
RETAIL COMMERCIAL
- C1
HIGHWAY COMMERCIAL
- C2
INDUSTRIAL
- I
PUBLIC
- P
URBAN RESERVE
- UR
DIRECT CONTROL
- DC
3.
Land Use District Map and Regulations (following this page)
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R1) | 1
RESIDENTIAL - R1
INTENT:
To accommodate a variety of types of residential development on serviced lots in an orderly,
economical and attractive manner, while excluding potentially incompatible land use.
1.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings and structures
Day homes (see Part 4)
Home occupations A (see Part 4)
Signs Type 1 (in accordance with Part 5)
Single-detached dwellings:
- Site built
- Manufactured home 1
- Ready-to-move dwellings (new)
Solar collectors, individual (see Part 4)
Temporary shipping container (see Part 3 and
Part 4, Section 40)
PROHIBITED USES
Shipping containers
♦ Any use which is not listed as either a
Permitted or Discretionary Use, or is not
ruled to be Similar to a Permitted or
Discretionary Use in accordance with
Part 1, Section 31, is a Prohibited Use.
TYPE A
Accessory uses
Bed and breakfast (see Part 4)
Day care facilities (see Part 4)
Home occupations B (see Part 4)
Lodging or boarding houses
Moved-in dwellings and buildings
Parks, playgrounds and open spaces
Portable garages (fabric buildings) and storage
structures (see Part 4)
Public and private utilities
Secondary suites (contained within single-
detached dwelling)
Secondary suites (detached garage)
Semi-detached dwellings - all types
Small wind energy system - Type A (see Part 4,
Section 42)
TYPE B - Development Officer
Accessory buildings and structures, portable
garages (see Part 4)
Temporary uses
2.
MINIMUM LOT SIZE
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Single-detached dwelling
15.2
50
30.5
100
464.5
5,000
Semi-detached dwelling
15.2
50
30.5
100
464.5
5,000
Multi-unit dwelling
22.9
75
30.5
100
603.9
6,500
Row dwelling (each unit)
As required by the MPC
232.3
2,500
All other uses
As required by the Municipal Planning Commission
3.
MINIMUM SETBACK REQUIREMENTS
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Single-detached or semi-detached dwelling
6.1
20
1.5
5
7.6
25
Multi-unit dwelling
7.6
25
1.5
5
7.6
25
PART 2 (R1) | 2
Town of Picture Butte Land Use Bylaw No. 841-15
Row dwelling
6.1
20
1.5
5
7.6
25
All other uses
As required by the Municipal Planning Commission
4.
SIDE AND REAR YARD STANDARDS
(1) Accessory Buildings
(a) Permanent accessory buildings in excess of 9.3 m2 (100 sq. ft.), other than garages accessed
from a lane, shall not be less than 0.9 metre (3 ft.) from a side or rear lot line, and all
drainage shall be conducted to the appropriate storm drain via the applicant's own
property.
(b) An accessory building or structure less than 18.58 m² (200 sq. ft.) on a non-permanent
foundation may be setback not less than 0.6 metre (2 ft.) provided that eaves are not less
than 0.3 metre (1 ft.) from any property line.
(c) An accessory building or structure shall not be located in the required setback from a public
road or on an easement.
(d) An accessory building or structure shall be setback a minimum 1.2 metres (4 ft.) from the
principal dwelling and from all other structures on the same lot.
(2) An attached carport may be permitted in a side yard, but shall not be less than 1.5 metres (5 ft.)
from a side lot line and shall not be enclosed on more than two sides (including the side of the
principal building), or on three sides to a maximum of 0.9 metre (3 ft.) above grade.
(3) The side yard requirements for a principal building with an attached garage shall be the same as
for a principal building itself, except on an irregular-shaped lot in which case one corner of the
structure may be less than 1.5 metres (5 ft.) from the side lot line, to no less than 1.2 metres
(4 ft.), and provided that two-thirds of the building is not less than 1.5 metres (5 ft.) from the
side lot line.
(4) The side yard provision does not limit the building of a semi-detached dwelling or row dwelling
where each dwelling is on a separate lot.
(5) Garages accessed from a lane shall be a minimum of 1.5 metres (5 ft.) from a lane.
(6) To obtain a development permit approval for a rear yard garage or carport on laneless lots or
on lots where there is no access to a lane, there shall be a minimum 3.0 metre (10 ft.) side yard
setback between the principal building and one side yard property line and the other side yard
shall be at 1.5 metres (5 ft.).
(7) Temporary shipping containers must be sited on the lot to meet the required accessory structure
setbacks.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R1) | 3
(8) Projections Over Yards
The portions of, and attachments to, a principal building which may project over a minimum
yard area:
(a) a cornice, a belt course, a sill, a canopy or eave which projects over a yard a distance not
exceeding one-half of the width of the smallest yard required for the site;
(b) unenclosed steps with or without a landing if they do not project more than 2.5 metres
(8 ft.) where they are above the surface of the yard;
(c) cantilevers projecting from a building into a side yard must meet the required side yard
setbacks as stipulated;
(d) wheel chair ramps;
(e) unenclosed porches up to 2.0 metres (6.5 ft.) into a required front yard;
(f)
unenclosed decks up to 3.0 metres (9.8 ft.) into a required rear yard setback provided it
does not exceed 50 percent of the width of the dwelling.
5.
MAXIMUM SITE COVERAGE
Principal and accessory buildings - 35%
Accessory buildings
- 10%
6.
MINIMUM FLOOR AREA
Single-detached dwellings - 74.3 m2 (800 sq. ft.)
Semi-detached dwellings
- 65.0 m2 (700 sq. ft.) per unit
Multi-unit dwellings
- 55.7 m2 (600 sq. ft.) per unit
All other uses
- As required by the Municipal Planning Commission
7.
MAXIMUM BUILDING HEIGHT
Principal buildings
- 10.1 m (33 ft.)
Accessory buildings
- 4.6 m (15 ft.)
8.
ACCESSORY BUILDINGS AND STRUCTURES
The following regulations are applicable to accessory
buildings and structures:
(1) Maximum Height - No accessory building shall
exceed 4.6 metres (15 ft.) in height.
(2) The first accessory building, which is 9.3 m² (100.
sq. ft.) or less in area, placed on a lot does not
require a development permit, but any second or subsequent accessory building shall require a
development permit.
(3) The Development Authority may limit the number of accessory buildings on a lot.
PART 2 (R1) | 4
Town of Picture Butte Land Use Bylaw No. 841-15
(4) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
(5) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
(6) Minimum Yard Setback Requirements - see Section 4 above.
(7) A detached garage with an approved secondary suite is allowed to a maximum height of 7.5 m
(24.6 ft.).
9.
DECKS AND AMENITY SPACES
(1) A development permit is required for the construction of any deck 0.6 metre (2 ft.) or more
above grade in height. Deck height is measured from the finished grade to the finished floor
grade of the deck.
(2) A development permit is required for the construction of any deck that is covered or enclosed
(roof or walls), regardless of the height.
(3) A development permit is required for the construction of a deck if it will be attached to a
principal building.
(4) For the purpose of calculating yard setbacks and site coverage requirements as provided in this
Bylaw, where a structure is attached to the principal building by a roofed structure (open or
enclosed), it shall be deemed to be part of the principal building and must meet the required
side and rear yard setbacks. Decks are part of the overall maximum site or lot coverage.
(5) Decks not attached to a building that are not 0.6 metre (2 ft.) or more in height, do not require
a development permit provided they meet the minimum setback requirements for accessory
buildings.
(6) Each dwelling unit shall provide an outdoor private amenity space not less than 7.5 metres (80
sq. ft.), with no dimension less than 1.5 metres (5 ft.), in the form of a balcony, deck or patio. A
privacy wall/screen, or other suitable form of screening, may be required and used to provide
partial screening of the private amenity area and shall be no greater than 2.44 metres (8 ft.)
above the finished floor elevation of a balcony, deck or patio. The orientation and design of a
private amenity space shall be such that the privacy of the adjacent dwellings is preserved.
(7) For the purpose of applying these standards of the bylaw:
(a) A deck means a wooden, or other similar hard-surfaced platform, with or without a roof,
walls or railings intended for outdoor living space or amenity area and which is generally
attached to a building.
(b) A raised deck means a horizontal structure with a surface height 0.6 metre (2 ft.) or greater
above grade at any point, but generally no higher than the first storey floor level, and is
intended for use as a private outdoor amenity space.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R1) | 5
(c) A ground level deck means an
unenclosed (no roof or walls)
amenity area of wood, or other
similar
material,
that
is
constructed less than 0.6 metre
(2 ft.) above grade and is
typically attached to a dwelling.
(d) A ground level patio means an
unenclosed (no roof or walls)
amenity area of concrete, brick,
wood, or other material that is
constructed at grade and may or may not be or attached to a dwelling.
(e) Privacy walls/screens associated with decks 0.6 metre (2 ft.) or greater in height require a
development permit. If the privacy wall/screen structure is included with a development
application made for a deck, then a separate development permit application is not
required.
(f)
A privacy wall/screen shall be no greater than 2.44 metres (8 ft.) above the finished deck
floor elevation (finished board on top of joist or stone patio surface) of a balcony, deck or
patio.
(g) A privacy wall/screen shall be restricted to side and rear yards only, and to the width of the
balcony, deck or patio.
(h) The Development Authority may stipulate the type of material and colour of finish for the
privacy wall/screen as a condition on a development permit approval.
10. HIGHER DENSITY RESIDENTIAL
When dealing with proposals for higher density residential development in existing developed
neighbourhoods, the following shall be considered:
(a) compatibility with the general height, building design and nature of existing houses;
(b) adequate off-street parking;
(c) suitable landscaping and on-site amenities such as playground equipment, etc.;
(d) adequacy and proximity of community facilities such as schools, shopping, recreational facilities
and open space;
(e) ability of the site to provide for some outdoor amenity space for residents;
(f)
the ability of municipal utilities to accommodate the proposed density of development; and
(g) possible impact on future land uses and the street system.
11. GENERAL SECONDARY SUITE STANDARDS
These standards shall apply to all secondary suites (detached garage, contained within single-
detached dwelling) unless otherwise noted. The general land use provisions for the district shall also
apply unless otherwise noted.
PART 2 (R1) | 6
Town of Picture Butte Land Use Bylaw No. 841-15
(1) A secondary suite shall be restricted to a lot occupied by a single-detached dwelling. A
secondary suite is prohibited from being constructed within or in conjunction with a duplex,
semi-detached dwelling, multi-attached dwelling or apartment housing.
(2) A maximum of one secondary suite is permitted on any single-detached dwelling lot in the R-1
district.
(3) A secondary suite includes, but is not limited to, a food preparation area, counter/cupboard
space, sink, refrigerator, stove or provision of 220 volt wiring and toilet with bathing facilities.
(4) The Development Authority may limit the number of bedrooms in a secondary suite but in no
case shall the number of bedrooms exceed three.
(5) One on-site parking space shall be provided for each secondary suite with less than three
bedrooms. Secondary suites with three bedrooms shall provide two on-site parking spaces.
These requirements are in addition to the parking requirements for the principal dwelling.
(6) All secondary suites developed after December 31, 2006, shall comply with all Alberta Building
Code requirements, including separate heating/ventilation systems for each dwelling unit. Pre-
existing suites developed prior to December 31, 2006, must meet the requirements of the
Alberta Fire Code.
(7) Accessory structures shall not be used as a dwelling unless it is an approved additional secondary
suite unit.
(8) An outdoor private amenity space not less than 7.5 m² (80 sq. ft.), with no dimension less than
1.5 metres (5 ft.), must be provided in the form of a balcony, deck or patio. A privacy
wall/screen, or other suitable form of screening, shall be used to provide partial screening of the
private amenity area and shall be no greater than 2.44 metres (8 ft.) above the finished floor
elevation of a balcony, deck or patio. The orientation and design of a private amenity space
shall be such that the privacy of the principal dwelling, the secondary suite and adjacent
dwellings is preserved.
(9) The Development Authority may require that landscaping be required as a condition of
development permit if it shall serve to provide privacy between the principal dwelling, the
secondary suite and adjacent dwellings, or to enhance the quality of the proposed development.
(10) A secondary suite shall not be subject to separation from the principal dwelling through a
condominium conversion or subdivision.
(11) A secondary suite shall have utility connections through the principal single-detached dwelling.
The Development Authority may refuse an application for a secondary suite if it is evident that
there is not capacity for the utility demands resulting from a secondary suite.
12. SECONDARY SUITES (DETACHED GARAGE) STANDARDS
(1) For a suite above a detached garage, the maximum height to roof peak of the garage shall be
7.5 metres (24.6 ft.).
(2) A secondary suite (detached garage) shall have an entrance separate from the entrance to the
garage, either from a common indoor landing or from the exterior of the structure.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R1) | 7
(3) In no instance shall two separate accessory buildings be developed on a single site where one is
a detached garage and the other contains a secondary suite above another detached garage.
(4) A secondary suite (detached garage) shall only be permitted on lots with lanes.
(5) A secondary suite shall not be located within a garage unless a single-detached dwelling is
already erected on the site.
(6) A secondary suite (detached garage) shall remain accessory to and subordinate to the single-
detached dwelling and shall not exceed 72.8 m2 (784 sq. ft.), and have a minimum floor area of
29.73 m2 (320 sq. ft.). Shared mechanical rooms and common areas shall be excluded from the
floor area calculation of the secondary suite.
(7) The maximum lot coverage of a secondary suite (detached garage) shall be limited to the area
as stipulated for an accessory building for the applicable land use district.
(8) A secondary suite in conjunction with a detached garage shall be located a minimum of 3.05
metres (10 ft.) from the principal dwelling unit and 1.5 metres (5 ft.) from a side or rear property
line.
(9) A secondary suite (detached garage) shall be located on the upper floor of the garage and the
main (grade) floor shall be restricted for garage/accessory use. The building must be utilized as
a functional garage/accessory building for purposes incidental to the single unit dwelling with a
functional overhead garage door installed and cannot be used for additional living space.
(10) A secondary suite (detached garage) may only be approved if it is verified that it can be
constructed on a foundation of strip footings and concrete walls, concrete piers set below frost
level, or other suitable foundation in accordance with the Alberta Building Code.
13. SECONDARY SUITES (CONTAINED WITH A SINGLE-DETACHED DWELLING) STANDARDS
(1) A secondary suite (contained within a single-detached dwelling) shall be developed in a manner
that the exterior of the principal dwelling shall appear as a single-detached dwelling.
(2) A secondary suite (contained with a single-detached dwelling) shall remain accessory to and
subordinate to the single-detached dwelling and shall not exceed the floor area of the principal
dwelling and shall have a minimum floor area of 29.73 m2 (320 sq. ft.).
(3) A secondary suite (contained with a single-detached dwelling) shall have an entrance separate
from the entrance to the principal dwelling, either from a common indoor landing or from the
exterior of the structure.
(4) A secondary suite (contained within a single-detached dwelling) shall not be developed within a
principal dwelling containing a Home Occupation B unless it is proven to the satisfaction of the
Development Authority that the amount of traffic generated is limited, adequate parking is
provided, and amenities of the neighbourhood are not negatively affected.
14. STANDARDS OF DEVELOPMENT - See Part 4.
15. LANDSCAPING AND SCREENING - See Part 4, Section 11.
PART 2 (R1) | 8
Town of Picture Butte Land Use Bylaw No. 841-15
16. OFF-STREET PARKING REQUIREMENTS - See Part 4, Section 20.
17. HOME OCCUPATIONS - See Part 4, Section 31.
18. SIGNS - See Part 5.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R2) | 1
MANUFACTURED HOME - R2
INTENT:
To provide areas suitable for the location of comprehensively planned manufactured home
communities (subdivided lots) or parks (leased plots) which provide for high quality
developments that complement adjacent uses.
1.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings and structures
Manufactured home 1
Public utilities
Signs Type 1 (in accordance with Part 5)
Solar collectors, individual (see Part 4)
Temporary shipping container (see Part 3 and
Part 4, Section 40)
PROHIBITED USES
Park model trailer
Shipping containers
♦ Any use which is not listed as either a
Permitted or Discretionary Use, or is not
ruled to be Similar to a Permitted or
Discretionary Use in accordance with
Part 1, Section 31, is a Prohibited Use.
TYPE A
Accessory uses
Day homes
Home occupations A and B
Maintenance/utility uses
Manufactured home additions
Manufactured home parks (single title)
Manufactured home 2
- both double-wide and single-wide
Park maintenance/storage uses
Parks and playgrounds
Portable garages (fabric buildings) and storage
structures
Private utilities
Small wind energy system - Type A (see Part 4,
Section 42)
TYPE B - Development Officer
Accessory buildings and structures, portable
garages (see Part 4)
Temporary uses
2.
ELIGIBLE HOMES
(1) New factory-built manufactured homes.
(2) Used factory-built manufactured homes, no older than 10 years, in a state of good condition or
repair to the satisfaction of the Municipal Planning Commission.
(3) Manufactured homes shall be CSA (Canadian Standards Association) certified.
(4) Any application for a development permit to locate a used manufactured home on a
manufactured home lot shall include a recent colour photographs of the manufactured home.
(5) A Safety Codes inspection (at the expense of the applicant) of a used manufactured home
proposed to be located on a manufactured home lot may be required by the Municipal Planning
Commission in order to determine if such a home is suitable.
PART 2 (R2) | 2
Town of Picture Butte Land Use Bylaw No. 841-15
(6) A development permit may be denied at the discretion of the Municipal Planning Commission if
the Municipal Planning Commission is of the opinion that the manufactured home is in a state
of poor disrepair, unsuitable, or older than 10 years of age.
(7) If required by the Development authority, all manufactured dwellings may be required to be
registered with the Provincial Personal Property Registration. The CSA model number, serial
number, and Alberta Personal Property Registration number shall be provided at the time of
submission of a development permit application and are required to be registered with the
town.
3.
MINIMUM LOT SIZE
(1) Subdivision - Freehold (Fee-simple) Title
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Manufactured homes
15.0
50
30.5
100
464.5
5,000
(includes both single and double wide)
All other uses
As required by the Municipal Planning Commission
(2) Leased (unsubdivided lot) Size - Leased Plots
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Manufactured homes (both)
11.0
36.1
28.0
91.9
300.0
3229.3
All other uses
As required by the Municipal Planning Commission
4.
MINIMUM SETBACK REQUIREMENTS
(1) Subdivision - Freehold/Fee-simple Lots
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
All uses
6.1
20
1.5
5
3.0
10
All other uses
As required by the Municipal Planning Commission
(2) Unsubdivided - Leased Plots
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Manufactured homes (both)
3.7
12.1
1@1.2
1@3.0
4
10
3.0
10
All other uses
As required by the Municipal Planning Commission
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R2) | 3
5.
SIDE AND REAR YARD STANDARDS
(1) Accessory Buildings
(a) Permanent accessory buildings in excess of 9.3 m2 (100 sq. ft.), other than rear entry
garages, shall not be less than 0.9 metre (3 ft.) from a side or rear lot line, and all drainage
shall be conducted to the appropriate storm drain via the applicant's own property.
(b) An accessory building or structure less than 18.58 m² (200 sq. ft.) on a non-permanent
foundation may be setback not less than 0.6 metre (2 ft.) provided that eaves are not less
than 0.3 metre (1 ft.) from any property line.
(c) An accessory building or structure shall not be located in the required setback from a public
road or on an easement.
(d) Accessory buildings in excess of 9.3 m2 (100 sq. ft.) shall be at least 1.2 metres (4 ft.) from
the principal building.
(2) An attached carport may be permitted in a side yard but shall not be less than 1.5 metres (5 ft.)
from a side lot line and shall not be enclosed on more than two sides (including the side of the
principal building) or on three sides to a maximum of 0.9 metre (3 ft.) above grade.
(3) The side yard requirements for a principal building with an attached garage shall be the same as
for a principal building itself, except on an irregular-shaped lot in which case one corner of the
structure may be less than 1.5 metres (5 ft.) from the side or rear lot line, provided that the
overhanging eave shall not be less than 0.5 metre (1.6 ft.) from the side lot line and provided
that two-thirds of the building is not less than 1.5 metres (5 ft.) from the side lot line.
(4) Rear entry garages shall be a minimum of 1.5 metres (5 ft.) from a lane.
6.
MAXIMUM SITE COVERAGE
Principal building
- 35%
Accessory buildings - 10%
7.
MINIMUM FLOOR AREA
Single-wide manufactured homes
- 65.0 m2 (700 sq. ft.)
Double-wide manufactured homes - 72.0 m2 (775 sq. ft.)
8.
MAXIMUM BUILDING HEIGHT
Manufactured homes - 6.1 m (20 ft.)
Accessory buildings
- 4.6 m (15 ft.)
9.
STANDARDS OF DEVELOPMENT - ALSO SEE PART 4.
(1) Foundations and Basements
(a) All double-wide manufactured homes shall be placed on permanent concrete or concrete
block foundations in conformance with the Alberta Building Code.
PART 2 (R2) | 4
Town of Picture Butte Land Use Bylaw No. 841-15
(b) A basement for a manufactured home may be permitted, provided access to the basement
is housed within an approved enclosure.
(c) The maximum allowable height of the exposed portion of a concrete or block foundation
shall not be more than 0.6 metre (2 ft.) above the average finished surface level of the
surrounding ground.
(d) All single-wide manufactured homes not placed on permanent foundations of concrete or
concrete blocks shall be skirted to the satisfaction of the Municipal Planning Commission.
(2) Anchoring a Manufactured Home Dwelling
Every manufactured home dwelling shall be securely anchored in conformity with CSA standards
and provincial Safety Codes.
(3) Decks and Amenity Spaces
(a) A development permit is required for the construction of any deck 0.6 metre (2 ft.) or more
above grade in height. Deck height is measured from the finished grade to the finished
floor grade of the deck.
(b) A development permit is required for the construction of any deck that is covered or
enclosed (roof or walls), regardless of the height.
(c) A development permit is required for the construction of a deck if it will be attached to a
principal building.
(d) For the purpose of calculating yard setbacks and site coverage requirements as provided in
this Bylaw, where a structure is attached to the principal building by a roofed structure
(open or enclosed), it shall be deemed to be part of the principal building and must meet
the required side and rear yard setbacks. Decks are part of the overall maximum site or lot
coverage.
(e) Decks not attached to a building that are not 0.6 metre (2 ft.) or more in height, do not
require a development permit provided they meet the minimum setback requirements for
accessory buildings.
(f)
Each dwelling unit shall provide an outdoor private amenity space not less than 7.5 metres
(80 sq. ft.), with no dimension less than 1.5 metres (5 ft.), in the form of a balcony, deck or
patio. A privacy wall/screen, or other suitable form of screening, shall be used to provide
partial screening of the private amenity area and shall be no greater than 2.44 metres (8 ft.)
above the finished floor elevation of a balcony, deck or patio. The orientation and design
of a private amenity space shall be such that the privacy of adjacent dwellings is preserved.
(g) Privacy walls/screens associated with decks 0.6 metre (2 ft.) or greater in height require a
development permit. If the privacy wall/screen structure is included with a development
application made for a deck, then a separate development permit application is not
required.
(h) A privacy wall/screen shall be no greater than 2.44 metres (8 ft.) above the finished deck
floor elevation (finished board on top of joist or stone patio surface) of a balcony, deck or
patio, and to the width of the structure it is screening.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R2) | 5
(i)
The Development Authority may stipulate the type of material and colour of finish for the
privacy wall/screen as a condition on a development permit approval.
(4) General Appearance
In order to maintain the residential character of the development:
(a) The wheels and hitches shall be removed from a mobile home within 90 days after
placement of the home on its foundation.
(b) The underside of mobile homes which are not provided with a basement, shall be within
0.6 metre (2 ft.) of the finished grade.
(c) The front yard area of each lot shall be suitably developed and landscaped.
(d) The foundation and skirting shall be in place within 90 days of placement.
(e) Every entrance/exit into a manufactured home must be furnished with a landing and/or set
of stairs.
(f)
Each manufactured home site shall provide an outdoor private amenity space not less than
7.5 metres (80 sq. ft.), with no dimension less than 1.5 metres (5 ft.), in the form of a
balcony, deck or patio. A privacy wall/screen, or other suitable form of screening, shall be
used to provide partial screening of the private amenity area and shall be no greater than
2.44 metres (8 ft.) above the finished floor elevation of a balcony, deck or patio. The
orientation and design of a private amenity space shall be such that the privacy of the
manufactured home and adjacent dwellings is preserved.
(g) Any proposed addition to a manufactured home shall require a development permit. The
colours and finish of any addition shall be of a quality, style and design which, in the opinion
of the Development Authority, matches or complements the existing building.
10. MANUFACTURED HOME PARK DESIGN CRITERIA AND DEVELOPMENT STANDARDS
(1) General and Overall Appearance
The manufactured home park should incorporate detailed aesthetic consideration such as:
(a) substantial landscaping design of the entire park in general and of individual sites in
particular;
(b) treatment of communal areas both indoor and outdoor;
(c) imaginative design of lamp standards, litter bins, street signs and things of this nature.
(2) Integration with Adjoining Residential Uses
The park design and subsequent placement of manufactured homes on lots should integrate
well with adjoining residential development so as not to be obtrusive.
(3) Density
The design of the park should be such that the net site density of the park does not exceed 20
units per ha (8 units per acre).
PART 2 (R2) | 6
Town of Picture Butte Land Use Bylaw No. 841-15
(4) Open Space Requirements
A minimum of 10 percent of the manufactured home park area should be developed for
recreational and leisure use for the enjoyment of the inhabitants.
(5) Street Layout and Streetscape
(a) Grouping or clustering of manufactured homes should provide a mixture of types and
aesthetic variety along the streets and spatial relationships between the manufactured
homes.
(b) Street furniture such as light standards, signs, telephone booths, litter bins, etc., should,
where possible, be of a high quality in design and harmoniously incorporated into the total
streetscape.
(c) Angled lots (60 percent) to the road are preferable to allow for easier transport and siting
of homes on lots.
(d) The required minimum road width for a manufactured home park, if the road is part of a
private condominium plan, must be not less than 9 metres (30 ft.). If the road is part of a
municipal public road within an approved manufactured home park, the required minimum
road right-of-way width must be not less than 18 metres (59 ft.).
(6) Plots
All plots lines shall be permanently established by survey or other appropriate evidence
provided by an Alberta Land Surveyor, Professional Engineer or agent thereof for the purpose
of ensuring minimum setbacks are adhered to on an ongoing basis.
(7) Open Space, Recreational Area and Buffer Strip Standards
(a) Landscaping Standards
(i)
A substantial number of mature trees and a good variety of shrubbery should be
utilized in the landscaping of the park to provide both a park-like atmosphere and
proper screening.
(ii) Where a public roadway runs adjacent to the boundary of a manufactured home
community without intervening manufactured home sites, a minimum 3.0 metres
landscaped strip, to the satisfaction of the Development Authority, shall be provided
between the public roadway and the manufactured home community boundary.
(iii) Where parks, playgrounds and other shared amenity facilities are provided in a
manufactured home community they shall be substantially landscaped to the
satisfaction of the Development Authority.
(b) Recreation Area and Development
The 10 percent of the manufactured home park which is dedicated to open space shall
include playground equipment to accommodate children's play. This 10 percent area
should also provide benches and a walkway for passive recreation.
(8) Servicing Requirements
(a) A qualified engineer should be engaged at the expense of the developer to consult with the
Town of Picture Butte, and utility companies to arrive at a design for all interior servicing,
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R2) | 7
including roads, drainage, sewer, water, natural gas, telephone, electrical and fire
protection.
(b) All on-site servicing should be built to the standards and requirements of the Town of
Picture Butte, TransAlta, and private utility providers, which may include ATCO Gas, Shaw
and Telus.
(c) Utility easements as may be required shall be provided within the site and reasonable
access to these easements shall be granted to the Town of Picture Butte, and utility
companies for the installation and maintenance of services.
(9) Garbage Enclosures
Garbage enclosures shall be properly screened to the satisfaction of the MPC. Common garbage
receptacle areas, if provided in the comprehensive plan, must be suitably and effectively
screened to the satisfaction of the MPC.
(10) Storage Compound
(a) The developer of the manufactured home community should provide and maintain in good
repair within the park, an area to accommodate the storage of recreational vehicles such
as motor boats, travel trailers, etc.
(b) The size of this storage compound shall be a percentage of the total site area as determined
by the MPC.
(c) The storage compound shall be screened by fences, trees, landscape features, or a
combination thereof, to the satisfaction of the MPC, and shall be maintained in good repair.
(11) Park Maintenance/Storage Uses
The design of the park shall include an area or accessory building for the use of park
maintenance and storage uses to be constructed for the care and maintenance of the park.
(12) Drawings to be submitted by Applicants
(a) Site Plan
(i)
A scaled site plan shall be submitted showing the manufactured home park and its
immediate surroundings.
(ii) The site plan shall indicate, among other things, the mix of single-wide and double-
wide manufactured dwelling lots, the lot size dimensions, street and pavement widths,
parking stalls, location of service buildings, storage compound, playground and
walkway system.
(b) Utility Plan
(i)
The utility plan shall be based on the site plan.
(ii) The utility plan shall indicate the location of all utilities necessary for the provision of
the following services to the area to be developed:
- water supply (including any proposed irrigation)
- sanitary sewer
- storm sewer
- power
PART 2 (R2) | 8
Town of Picture Butte Land Use Bylaw No. 841-15
- natural gas
- telephone
- cablevision
- street lighting
(iii) The sizing and specifications of all utilities to be determined in consultation with the
Town's Public Works Department and the respective utility companies or agencies.
(iv) In conjunction with the above [b(ii)], and in relation to the storm sewer, an engineered
storm water management plan must be provided to the satisfaction of the
Development Authority.
(c) Layout Plan Showing Typical Single-detached Manufactured Home Lots
(i)
The layout plan shall indicate typical arrangement of single-detached manufactured
dwellings.
(ii) The layout plan shall also indicate parking areas and landscaping of the lot.
(d) Landscaping Plan
A detailed landscaping plan shall illustrate the types of tree planting and ground occupy for
internal buffer strips, open space and playground areas, walkways, irrigation layout, all
single-detached manufactured dwelling lots, and entrances to the park.
11. LANDSCAPING AND SCREENING - See Part 4, Section 11.
12. OFF-STREET PARKING REQUIREMENTS - See Part 4, Section 20.
13. HOME OCCUPATIONS - See Part 4, Section 31.
14. MANUFACTURED HOME PARKS - See Part 4.
15. SIGNS - See Part 5.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R3) | 1
LARGE LOT RESIDENTIAL - R3
INTENT:
To ensure a high quality of development occurs on large residential lots by requiring high
standards of development and restricting the types of uses that may occur.
1.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings and structures
Signs Type 1 (in accordance with Part 5)
Single-detached dwellings:
- Site built
- Manufactured home 1
- Ready-to-move dwellings (new)
Solar collectors, individual (see Part 4)
Temporary shipping container (see Part 3 and
Part 4, Section 40)
PROHIBITED USES
Commercial uses
Moved-in dwellings
Shipping containers
♦ Any use which is not listed as either a
Permitted or Discretionary Use, or is not
ruled to be Similar to a Permitted or
Discretionary Use in accordance with
Part 1, Section 31, is a Prohibited Use.
TYPE A
Accessory uses
Bed and breakfast
Day homes
Greenhouses (non-commercial)
Home occupations A
Portable garages (fabric buildings) and storage
structures
Public and private utilities
Satellite dishes
Similar uses
Small wind energy system - Type A (see Part 4,
Section 42)
TYPE B - Development Officer
Accessory buildings and structures, portable
garages (see Part 4)
Temporary uses
2.
MINIMUM LOT SIZE
Minimum area
- 0.4 hectares (1 acre)
Minimum depth - 61.0 metres (200 ft.)
3.
MINIMUM SETBACK REQUIREMENTS
As required by the Municipal Planning Commission or Development Officer but not less than 1.2
metres (4 ft.), or as outlined in Section 7(6) of this district for accessory buildings and structures.
4.
MAXIMUM SITE COVERAGE
Principal building
- As required by the Development Authority
Accessory buildings - As required by the Development Authority
PART 2 (R3) | 2
Town of Picture Butte Land Use Bylaw No. 841-15
5.
MAXIMUM BUILDING HEIGHT
Principal buildings
- 10.1 m (33 ft.)
Accessory buildings - 4.6 m (15 ft.)
6.
MINIMUM FLOOR AREA
Single-detached dwellings - 74.3 m2 (800 sq. ft.)
All other uses
- As required by the Municipal Planning Commission
7.
ACCESSORY BUILDINGS AND STRUCTURES
The following regulations are applicable to
accessory buildings and structures:
(1) Maximum Height - No accessory
building shall exceed 4.6 metres (15 ft.)
in height.
(2) The first accessory building, which is 9.3
m² (100. sq. ft.) or less in area, placed on
a lot does not require a development
permit, but any second or subsequent
accessory building shall require a
development permit.
(3) The Development Authority may limit the number of accessory buildings on a lot.
(4) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
(5) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
(6) Minimum Yard Setback Requirements
(a) Accessory buildings and structures shall not be less than 1.5 metres (5 ft.) from a side lot
line or rear lot line, except in circumstances as described in Section (6)(b).
(b) An accessory building or structure less than 18.58 m² (200 sq. ft.) on a non-permanent
foundation may be setback not less than 0.6 metre (2 ft.) provided that eaves are not less
than 0.3 metre (1 ft.) from any property line.
(c) A carport is permitted in a side yard but shall not be less than 1.5 metres (5 ft.) from a side
lot line.
(d) The side yard requirement for a principal building with an attached garage shall be the same
as for a principal building.
(e) An accessory building or structure shall not be located in the required setback from a public
road or on an easement.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R3) | 3
(f)
An accessory building or structure shall be setback a minimum 1.2 metres (4 ft.) from the
principal dwelling and from all other structures on the same lot.
8.
DECKS AND AMENITY SPACES
(1) A development permit is required for the construction of any deck 0.6 metre (2 ft.) or more
above grade in height. Deck height is measured from the finished grade to the finished floor
grade of the deck.
(2) A development permit is required for the construction of any deck that is covered or enclosed
(roof or walls), regardless of the height.
(3) A development permit is required for the construction of a deck if it will be attached to a
principal building.
(4) For the purpose of calculating yard setbacks and site coverage requirements as provided in this
Bylaw, where a structure is attached to the principal building by a roofed structure (open or
enclosed), it shall be deemed to be part of the principal building and must meet the required
side and rear yard setbacks. Decks are part of the overall maximum site or lot coverage.
(5) Decks not attached to a building that are not 0.6 metre (2 ft.) or more in height, do not require
a development permit provided they meet the minimum setback requirements for accessory
buildings.
(6) Each dwelling unit shall provide an outdoor private amenity space not less than 7.5 metres (80
sq. ft.), with no dimension less than 1.5 metres (5 ft.), in the form of a balcony, deck or patio. A
privacy wall/screen, or other suitable form of screening, shall be used to provide partial
screening of the private amenity area and shall be no greater than 2.44 metres (8 ft.) above the
finished floor elevation of a balcony, deck or patio. The orientation and design of a private
amenity space shall be such that the privacy of the adjacent dwellings is preserved.
(7) Rear Yard Setbacks - uncovered decks may encroach into the minimum required rear yard
setback a maximum distance of 3 metres (9.8 ft.).
(8) For the purpose of applying these standards of the bylaw:
(a) A deck means a wooden, or other similar hard-surfaced platform, with or without a roof,
walls or railings intended for outdoor living space or amenity area and which is generally
attached to a building.
(b) A raised deck means a horizontal
structure with a surface height 0.6
metre (2 ft.) or greater above grade at
any point, but generally no higher
than the first storey floor level, and is
intended for use as a private outdoor
amenity space.
PART 2 (R3) | 4
Town of Picture Butte Land Use Bylaw No. 841-15
(c) A ground level deck means an unenclosed (no roof or walls) amenity area of wood, or other
similar material, that is constructed less than 0.6 metre (2 ft.) above grade and is typically
attached to a dwelling.
(d) A ground level patio means an unenclosed (no roof or walls) amenity area of concrete,
brick, wood, or other material that is constructed at grade and may or may not be or
attached to a dwelling.
(e) Privacy walls/screens associated with decks 0.6 metre (2 ft.) or greater in height require a
development permit. If the privacy wall/screen structure is included with a development
application made for a deck, then a separate development permit application is not
required.
(f)
A privacy wall/screen shall be no greater than 2.44 metres (8 ft.) above the finished deck
floor elevation (finished board on top of joist or stone patio surface) of a balcony, deck or
patio.
(g) A privacy wall/screen shall be restricted to side and rear yards only, and to the width of the
balcony, deck or patio.
(h) The Development Authority may stipulate the type of material and colour of finish for the
privacy wall/screen as a condition on a development permit approval.
9.
DESIGN STANDARDS
All proposed developments must, in the opinion of the Municipal Planning Commission, be
compatible with existing houses in terms of:
(a) design,
(b) materials,
(c) colours,
(d) fence designs and construction.
10. REFUSE COLLECTION AND STORAGE - See Part 4, Section 7.
11. OFF-STREET PARKING REQUIREMENTS - See Part 4, Section 20.
12. HOME OCCUPATIONS - See Part 4, Section 31.
13. SATELLITE DISHES - See Part 4, Section 37.
14. SIGNS - See Part 5.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R4) | 1
RESIDENTIAL SMALL LOT - R4
INTENT:
The purpose of this district is to provide smaller residential lots to accommodate a variety of
residential housing options, but primarily for smaller starter homes.
1.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings and structures
Accessory buildings and uses
Day homes
Home occupations A
Signs Type 1 (in accordance with Part 5)
Single-detached dwellings:
- Site built
- Manufactured home 1
- Ready-to-move dwellings (new)
Solar collectors, individual
Temporary shipping container (see Part 3 and
Part 4, Section 40)
PROHIBITED USES
Shipping containers
♦ Any use which is not listed as either a
Permitted or Discretionary Use, or is not
ruled to be Similar to a Permitted or
Discretionary Use in accordance with
Part 1, Section 31, is a Prohibited Use.
TYPE A
Accessory uses
Day care facilities
Home occupations B
Lodging or boarding houses
Parks, playgrounds and open spaces
Portable garages (fabric buildings) and storage
structures
Public and private utilities
Secondary suites (detached garage)
Semi-detached dwellings
Small wind energy system - Type A (see Part 4,
Section 42)
Similar uses
TYPE B - Development Officer
Accessory buildings and structures, portable
garages (see Part 4)
Temporary uses
2.
MINIMUM LOT SIZE
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Single-detached dwelling
11.0
36
30.5
100
334.4
3,600
Semi-detached dwelling
15.2
50
30.5
100
463.6
5,000
- (each side)
7.6
25
30.5
100
231.8
2,500
Multi-unit dwelling (interior)
18.3
60
30.5
100
557.4
6,000
- corner lot
22.9
75
30.5
100
696.8
7,500
Row dwelling (each unit)
As required by the MPC
232.3
2,500
All other uses
As required by the Municipal Planning Commission
3.
MINIMUM SETBACK REQUIREMENTS
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Single-detached or semi-detached dwelling
6.1
20
1.2
4
7.6
25
Multi-unit dwelling
6.1
20
1.2
4
7.6
25
PART 2 (R4) | 2
Town of Picture Butte Land Use Bylaw No. 841-15
Row dwelling
6.1
20
1.2
4
7.6
25
- street side corner lot
3.0
1.0
All other uses
As required by the Municipal Planning Commission
4.
SIDE AND REAR YARD STANDARDS
(1) Accessory Buildings
(a) Permanent accessory buildings in excess of 9.3 m2 (100 sq. ft.), other than garages accessed
from a lane, shall not be less than 0.9 metre (3 ft.) from a side or rear lot line, and all
drainage shall be conducted to the appropriate storm drain via the applicant's own
property.
(b) An accessory building or structure less than 18.58 m² (200 sq. ft.) on a non-permanent
foundation may be setback not less than 0.6 metre (2 ft.) provided that eaves are not less
than 0.3 metre (1 ft.) from any property line.
(c) An accessory building or structure shall not be located in the required setback from a public
road or on an easement.
(d) An accessory building or structure shall be setback a minimum 1.2 metres (4 ft.) from the
principal dwelling and from all other structures on the same lot.
(2) An attached carport may be permitted in a side yard, but shall not be less than 1.2 metres (4 ft.)
from a side lot line and shall not be enclosed on more than two sides (including the side of the
principal building), or on three sides to a maximum of 0.9 metre (3 ft.) above grade.
(3) The side yard requirements for a principal building with an attached garage shall be the same as
for a principal building itself, except on an irregular-shaped lot in which case one corner of the
structure may be less than 1.2 metres (4 ft.) from the side lot line and provided that two-thirds
of the building is not less than 1.2 metres (4 ft.) from the side lot line.
(4) The side yard provision does not limit the building of a semi-detached dwelling or row dwelling
where each dwelling is on a separate lot.
(5) Garages accessed from a lane shall be a minimum of 1.5 metres (5 ft.) from a lane.
(6) To obtain a development permit approval for a rear yard garage or carport on laneless lots or
on lots where there is no access to a lane, there shall be a minimum 3.0 metre (10 ft.) side yard
setback between the principal building and one side yard property line and the other side yard
shall be at 1.5 metres (5 ft.).
(7) Any open or closed porch or veranda shall be considered part of the principal building for the
purposes of calculating floor area, site coverage, and setback requirements.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R4) | 3
(8) Projections Over Yards
The portions of, and attachments to, a principal building which may project over a minimum
yard area:
(a) a cornice, a belt course, a sill, a canopy or eave which projects over a yard a distance not
exceeding one-half of the width of the smallest yard required for the site;
(b) unenclosed steps with or without a landing if they do not project more than 2.5 metres
(8 ft.) where they are above the surface of the yard;
(c) cantilevers projecting from a building into a side yard must meet the required side yard
setbacks as stipulated;
(d) unenclosed porches up to 2.0 metres (6.5 ft.) into a required front yard;
(e) uncovered decks up to 3.0 metres (9.8 ft.) into a required rear yard setback provided it does
not exceed 50 percent of the width of the dwelling.
5.
MAXIMUM SITE COVERAGE
Principal and accessory buildings
- 45%
Accessory buildings
- 10%
6.
MINIMUM FLOOR AREA
Single-detached dwellings - 74.3 m2 (800 sq. ft.)
Semi-detached dwellings
- 65.0 m2 (700 sq. ft.) per unit
Multi-unit dwellings
- 55.7 m2 (600 sq. ft.) per unit
All other uses
- As required by the Municipal Planning Commission
7.
MAXIMUM BUILDING HEIGHT
Accessory buildings
- 4.6 m (15 ft.)
Principal buildings
- 10.1 m (33.0 ft.)
Secondary suites (detached garage)
- 7.5 m (24.6 ft.)
8.
ACCESSORY BUILDINGS AND STRUCTURES
The following regulations are applicable to
accessory buildings and structures:
(1) Maximum Height - No accessory building
shall exceed 4.6 metres (15 ft.) in height.
(2) The first accessory building, which is 9.3
m² (100. sq. ft.) or less in area, placed on
a lot does not require a development
permit, but any second or subsequent
accessory
building
shall
require
a
development permit.
(3) The Development Authority may limit the number of accessory buildings on a lot.
PART 2 (R4) | 4
Town of Picture Butte Land Use Bylaw No. 841-15
(4) Where a structure is attached to the principal building on a site by a roof, an open or enclosed
structure, a floor or foundation, it is to be considered a part of the principal building and is not
an accessory building.
(5) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
(6) Minimum Yard Setback Requirements - see Section 4 above.
(7) A detached garage with an approved secondary suite is allowed to a maximum height of 7.5 m
(24.6 ft.).
9.
DECKS AND AMENITY SPACES
(1) A development permit is required for the construction of any deck 0.6 metre (2 ft.) or more
above grade in height. Deck height is measured from the finished grade to the finished floor
grade of the deck.
(2) A development permit is required for the construction of any deck that is covered or enclosed
(roof or walls), regardless of the height.
(3) A development permit is required for the construction of a deck if it will be attached to a
principal building.
(4) For the purpose of calculating yard setbacks and site coverage requirements as provided in this
Bylaw, where a structure is attached to the principal building by a roofed structure (open or
enclosed), it shall be deemed to be part of the principal building and must meet the required
side and rear yard setbacks. Decks are part of the overall maximum site or lot coverage.
(5) Decks not attached to a building that are not 0.6 metre (2 ft.) or more in height, do not require
a development permit provided they meet the minimum setback requirements for accessory
buildings.
(6) Each dwelling unit shall provide an outdoor private amenity space not less than 7.5 metres (80
sq. ft.), with no dimension less than 1.5 metres (5 ft.), in the form of a balcony, deck or patio. A
privacy wall/screen, or other suitable form of screening, shall be used to provide partial
screening of the private amenity area and shall be no greater than 2.44 metres (8 ft.) above the
finished floor elevation of a balcony, deck or patio. The orientation and design of a private
amenity space shall be such that the privacy of the adjacent dwellings is preserved.
(7) For the purpose of applying these standards of the bylaw:
(a) A deck means a wooden, or other similar hard-surfaced platform, with or without a roof,
walls or railings intended for outdoor living space or amenity area and which is generally
attached to a building.
(b) A raised deck means a horizontal structure with a surface height 0.6 metre (2 ft.) or greater
above grade at any point, but generally no higher than the first storey floor level, and is
intended for use as a private outdoor amenity space.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R4) | 5
(c) A ground level deck means an
unenclosed (no roof or walls)
amenity area of wood, or other
similar material, that is constructed
less than 0.6 metre (2 ft.) above
grade and is typically attached to a
dwelling.
(d) A ground level patio means an
unenclosed (no roof or walls)
amenity area of concrete, brick,
wood, or other material that is
constructed at grade and may or may not be or attached to a dwelling.
(e) Privacy walls/screens associated with decks 0.6 metre (2 ft.) or greater in height require a
development permit. If the privacy wall/screen structure is included with a development
application made for a deck, then a separate development permit application is not
required.
(f)
A privacy wall/screen shall be no greater than 2.44 metres (8 ft.) above the finished deck
floor elevation (finished board on top of joist or stone patio surface) of a balcony, deck or
patio.
(g) A privacy wall/screen shall be restricted to side and rear yards only, and to the width of the
balcony, deck or patio.
(h) The Development Authority may stipulate the type of material and colour of finish for the
privacy wall/screen as a condition on a development permit approval.
10. HIGHER DENSITY RESIDENTIAL
When dealing with proposals for higher density residential development in existing developed
neighbourhoods, the following shall be considered:
(a) compatibility with the general height, building design and nature of existing houses;
(b) adequate off-street parking;
(c) suitable landscaping and on-site amenities such as playground equipment, etc.;
(d) adequacy and proximity of community facilities such as schools, shopping, recreational facilities
and open space;
(e) the ability of municipal utilities to accommodate the proposed density of development; and
(f)
possible impact on future land uses and the street system.
11. SECONDARY SUITES (DETACHED GARAGE) STANDARDS
The general land use provisions for the district shall apply, unless otherwise noted below.
(1) Accessory structures shall not be used as a dwelling unless it is an approved additional secondary
suite unit.
PART 2 (R4) | 6
Town of Picture Butte Land Use Bylaw No. 841-15
(2) For a suite above a detached garage, the maximum height to roof peak of the garage shall be
7.5 metres (24.6 ft.), and the accessory suite shall have an entrance separate from the entrance
to the garage, either from a common indoor landing or from the exterior of the structure.
(3) A secondary suite shall be restricted to a lot occupied by a single-detached dwelling. A
secondary suite is prohibited from being constructed within or in conjunction to a duplex, semi-
detached dwelling, multi-attached dwelling or apartment housing.
(4) A maximum of one secondary suite is permitted on any single-detached dwelling lot.
(5) In no instance shall two separate accessory buildings be developed on a single site where one is
a detached garage and the other contains a secondary suite.
(6) A secondary suite above a detached garage shall only be permitted on lots with lanes.
(7) A secondary suite shall not be located within a garage unless a single-detached dwelling is
already erected on the site.
(8) A secondary suite shall remain accessory to and subordinate to the single-detached dwelling
and shall not exceed 72.8 m2 (784 sq. ft.), and have a minimum floor area of 29.73 m2 (320
sq. ft.). Shared mechanical rooms and common areas shall be excluded from the floor area
calculation of the secondary suite.
(9) The maximum lot coverage of the suite with detached garage shall be limited to the area as
stipulated for an accessory building for the applicable land use district.
(10) A secondary suite in conjunction with a detached garage shall be located a minimum of 2.4
metres (8 ft.) from the principal dwelling unit. Other side and rear yard setbacks shall be as
stipulated by the applicable district.
(11) A secondary suite includes, but not limited to, a food preparation area, counter/cupboard space,
sink, refrigerator, stove or provision of 220 volt wiring and toilet with bathing facilities.
(12) One on-site parking space shall be provided for each secondary suite in addition to the parking
requirements for the principal dwelling pursuant to the Land Use Bylaw.
(13) A secondary suite shall comply with all Alberta Building Code requirements, including but not
limited to fire wall separations, separate accesses to each dwelling unit and separate heating
systems for each dwelling unit.
(14) A secondary suite shall be located on the upper floor of the garage and the main (grade) floor
shall be restricted for garage/accessory use. The building must be utilized as a functional garage
with a functional garage door installed and cannot be used for additional living space.
(15) A secondary suite (detached garage) may only be approved if it is verified that it can be
constructed on a foundation of strip footings and concrete walls, concrete piers set below frost
level, or other suitable foundation in accordance with the Alberta Building Code.
12. STANDARDS OF DEVELOPMENT - See Part 4.
13. LANDSCAPING AND SCREENING - See Part 4, Section 11.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R4) | 7
14. OFF-STREET PARKING REQUIREMENTS - See Part 4, Section 20.
15. HOME OCCUPATIONS - See Part 4, Section 31.
16. SIGNS - See Part 5.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R5) | 1
RESIDENTIAL MULTI-UNIT - R5
INTENT:
The purpose of this district is to accommodate a variety of residential housing options by
providing high-quality multi-unit dwelling environments, integrated into either existing or
proposed residential neighbourhoods.
1.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings and structures
Day homes
Dwellings:
- Multi-unit up to 4 units
- Row dwelling up to 6 units
- Semi-detached - all types
Home occupations A
Signs Type 1 (in accordance with Part 5)
Solar collectors, individual (see Part 4)
Temporary shipping container (see Part 3 and
Part 4, Section 40)
PROHIBITED USES
Shipping containers
♦ Any use which is not listed as either a
Permitted or Discretionary Use, or is not
ruled to be Similar to a Permitted or
Discretionary Use in accordance with
Part 1, Section 31, is a Prohibited Use.
TYPE A
Accessory uses
Day care facilities
Dwellings:
- Multi-unit more than 4 units
- Row dwelling with more than 6 units
Home occupations B
Lodging or boarding houses
Parks, playgrounds and open spaces
Portable garages (fabric buildings) and storage
structures
Public and private utilities
Senior Citizen Housing
Small wind energy system - Type A (see Part 4,
Section 42)
TYPE B - Development Officer
Accessory buildings and structures, portable
garages (see Part 4)
Temporary uses
2.
MINIMUM LOT SIZE
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Semi-detached
- interior lot
- corner lot
15.2
21.3
50
70
30.5
30.5
100
100
464.5
650.7
5,000
7,000
Semi-detached (each side)
- interior lot
- corner lot
7.6
10.6
25
35
30.5
30.5
100
100
232.3
325.3
2,500
3,500
PART 2 (R5) | 2
Town of Picture Butte Land Use Bylaw No. 841-15
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
Multi-unit up to 4 units
- interior lot
- corner lot
18.3
22.9
60
75
30.5
30.5
100
100
557.4
696.8
6,000
7,500
Multi-unit more than 4 units
30.5
100
30.5
100
929.0
10,000
Row dwelling (each unit)
As required by the MPC
232.3
2,500
All other uses
As required by the Municipal Planning Commission
3.
MINIMUM SETBACK REQUIREMENTS
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Semi-detached dwelling
6.1
20
1.5
5
7.6
25
Multi-unit dwelling
7.6
25
1.5
5
7.6
25
Row dwelling
7.6
25
1.5
5
7.6
25
All other uses
As required by the Municipal Planning Commission
Note: All yard dimensions are from the outside foundation wall to the property line.
4.
SIDE AND REAR YARD STANDARDS
(1) Accessory buildings in excess of 9.3 m2 (100 sq. ft.), other than garages accessed from a lane,
shall not be less than 0.9 metre (3 ft.) from a side or rear lot line, and all drainage shall be
conducted to the appropriate storm drain via the applicant's own property.
(2) An attached carport may be permitted in a side yard, but shall not be less than 1.5 metres (5 ft.)
from a side lot line and shall not be enclosed on more than two sides (including the side of the
principal building), or on three sides to a maximum of 0.9 metre (3 ft.) above grade.
(3) The side yard requirements for a principal building with an attached garage shall be the same as
for a principal building itself, except on an irregular-shaped lot in which case one corner of the
structure may be less than 1.5 metres (5 ft.) from the side lot line and provided that two-thirds
of the building is not less than 1.5 metres (5 ft.) from the side lot line.
(4) The side yard provision does not limit the building of a semi-detached dwelling or row dwelling
where each dwelling is on a separate lot.
(5) Garages accessed from a lane shall be a minimum of 1.5 metres (5 ft.) from a lane.
(6) To obtain a development permit approval for a rear yard garage or carport on laneless lots or
on lots where there is no access to a lane, there shall be a minimum 3.0 metre (10 ft.) side yard
setback between the principal building and one side yard property line and the other side yard
shall be at 1.5 metres (5 ft.).
(7) Any open or closed porch or verandah shall be considered part of the principal building for the
purposes of calculating floor area, site coverage, and setback requirements.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R5) | 3
(8) Projections Over Yards
The portions of, and attachments to, a principal building which may project over a minimum
yard area:
(a) a cornice, a belt course, a sill, a canopy or eave which projects over a yard a distance not
exceeding one-half of the width of the smallest yard required for the site;
(b) unenclosed steps with or without a landing if they do not project more than 2.5 metres
(8 ft.) where they are above the surface of the yard;
(c) cantilevers projecting from a building into a side yard must meet the required side yard
setbacks as stipulated;
(d) unenclosed porches up to 2.0 metres (6.5 ft.) into a required front yard;
(e) unenclosed decks up to 3.0 metres (9.8 ft.) into a required rear yard setback provided it
does not exceed 50 percent of the width of the dwelling.
5.
MAXIMUM SITE COVERAGE
Principal and accessory buildings
- 50%
(Principal may cover 50% with no associated accessory)
Accessory buildings
- 10%
Principal building and accessory buildings combined
- 50%
6.
MINIMUM FLOOR AREA
Multi- unit dwellings
- 55.7 m2 (600 sq. ft.) per unit
Row dwelling
- 74.3 m2 (800 sq. ft.) per unit
Semi-detached dwellings
- 65.0 m2 (700 sq. ft.) per unit
All other uses
- As required by the Municipal Planning Commission
7.
MAXIMUM BUILDING HEIGHT
Accessory buildings
- 4.6 m (15 ft.)
Single-detached dwelling, semi-detached,
multi-unit dwelling units
- 10.1 m (33.0 ft.)
Apartments and row house
- 11 m (36 ft.)
8.
ACCESSORY BUILDINGS AND STRUCTURES
The following regulations are applicable to accessory buildings and structures:
(1) Maximum Height - No accessory building shall exceed 4.6 metres (15 ft.) in height.
PART 2 (R5) | 4
Town of Picture Butte Land Use Bylaw No. 841-15
(2) The first accessory building, which is 9.3
m² (100. sq. ft.) or less in area, placed
on a lot does not require a development
permit, but any second or subsequent
accessory building shall require a
development permit.
(3) The Development Authority may limit
the number of accessory buildings on a
lot.
(4) Where a structure is attached to the
principal building on a site by a roof, an open or enclosed structure, a floor or foundation, it is
to be considered a part of the principal building and is not an accessory building.
(5) As a condition of a permit, if a development approval is required, the Development Authority
may stipulate specific requirements for the type of foundation, fastening or tie-down system,
finish, colour, roof pitch, and materials to be applied to the accessory building or structure.
(6) Minimum Yard Setback Requirements: see Section 4 above.
(a) An accessory building or structure shall not be located in the required setback from a public
road or on an easement.
(b) An accessory building or structure shall be setback a minimum 1.2 metres (4 ft.) from the
principal dwelling and from all other structures on the same lot.
9.
DECKS AND AMENITY SPACES
(1) A development permit is required for the construction of any deck 0.6 metre (2 ft.) or more
above grade in height. Deck height is measured from the finished grade to the finished floor
grade of the deck.
(2) A development permit is required for the construction of any deck that is covered or enclosed
(roof or walls), regardless of the height.
(3) A development permit is required for the construction of a deck if it will be attached to a
principal building.
(4) For the purpose of calculating yard setbacks and site coverage requirements as provided in this
Bylaw, where a structure is attached to the principal building by a roofed structure (open or
enclosed), it shall be deemed to be part of the principal building and must meet the required
side and rear yard setbacks. Decks are part of the overall maximum site or lot coverage.
(5) Decks not attached to a building that are not 0.6 metre (2 ft.) or more in height, do not require
a development permit provided they meet the minimum setback requirements for accessory
buildings.
(6) REAR YARD SETBACKS: see Section 4 above.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (R5) | 5
(7) For the purpose of applying these standards of the bylaw:
(a) A deck means a wooden, or other similar hard-surfaced platform, with or without a roof,
walls or railings intended for outdoor living space or amenity area and which is generally
attached to a building.
(b) A raised deck means a horizontal
structure with a surface height
0.6 metre (2 ft.) or greater above
grade at any point, but generally
no higher than the first storey
floor level, and is intended for use
as a private outdoor amenity
space.
(c) A ground level deck means an
unenclosed (no roof or walls)
amenity area of wood, or other similar material, that is constructed less than 0.6 metre
(2 ft.) above grade and is typically attached to a dwelling.
(d) A ground level patio means an unenclosed (no roof or walls) amenity area of concrete,
brick, wood, or other material that is constructed at grade and may or may not be or
attached to a dwelling.
(e) Privacy walls/screens associated with decks 0.6 metre (2 ft.) or greater in height require a
development permit. If the privacy wall/screen structure is included with a development
application made for a deck, then a separate development permit application is not
required.
(f)
A privacy wall/screen shall be no greater than 2.44 metres (8 ft.) above the finished deck
floor elevation (finished board on top of joist or stone patio surface) of a balcony, deck or
patio.
(g) The Development Authority may stipulate the type of material and colour of finish for the
privacy wall/screen as a condition on a development permit approval.
10. HIGHER DENSITY RESIDENTIAL
(1) When dealing with proposals for higher density residential development in existing developed
neighbourhoods, the following shall be considered:
(a) compatibility with the general height, building design and nature of existing houses;
(b) the massing of the building with regards for streetscape, the parcel, setbacks, and adjacent
land uses;
(c) adequate off-street parking;
(d) suitable landscaping and on-site amenities such as playground equipment, etc.;
(e) adequacy and proximity of community facilities such as schools, shopping, recreational
facilities and open space;
(f)
the ability of the site to provide outdoor amenity space for residents;
(g) the ability of municipal utilities to accommodate the proposed density of development; and
PART 2 (R5) | 6
Town of Picture Butte Land Use Bylaw No. 841-15
(h) possible impact on future land uses and the street system.
(2) For-multi unit dwellings, each unit must have its own separate utility and meter service.
11. STANDARDS OF DEVELOPMENT - See Part 4.
12. LANDSCAPING AND SCREENING - See Part 4, Section 11.
13. OFF-STREET PARKING REQUIREMENTS - See Part 4, Section 20.
14. HOME OCCUPATIONS - See Part 4, Section 31.
15. SIGNS - See Part 5.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (C1) | 1
RETAIL COMMERCIAL - C1
INTENT:
To provide an area suited to commercial uses that comprise a strong and unique central
business district, including the redevelopment of existing sites and integrating mixed uses,
which are convenient and attractive to pedestrians, while offering ready vehicular access and
adequate parking.
1.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings and structures
Amusement facility
Business support service
Coffee shops, restaurants
Convenience store
Financial institutions
Food store/deli, bakery, grocery
Hotels
Medical and dental offices
Personal services
Professional/business offices
Public and semi-public buildings
Restaurants
Retail stores
Signs Type 1 (in accordance with Part 5)
Solar collectors, individual (see Part 4)
Temporary shipping container (see Part 3 and
Part 4, Section 40)
Theatres
PROHIBITED USES
♦ Any use which is not listed as either a
Permitted or Discretionary Use, or is not
ruled to be Similar to a Permitted or
Discretionary Use in accordance with
Part 1, Section 31, is a Prohibited Use.
TYPE A
Accessory uses
Animal grooming facility
Child care facility / Day care
Clubs and organizations
Commercial health or fitness centres
Farmers markets
Funeral home
Indoor storage in conjunction with an approved
commercial use
Laundromat
Licensed lounges
Liquor stores
Outdoor storage limited, in conjunction with an
approved commercial use
Parking areas and structures
Pawn shop
Public and private utilities
Recycling operations
Residential accommodation as part of a mixed-
use commercial building
Shipping container, permanent
Signs Type 2 (in accordance with Part 5)
Small wind energy system - Type A (see Part 4,
Section 42)
Taxidermy
Veterinary clinic, small animal
Workshop accessory to retail stores
TYPE B - Development Officer
Temporary uses
PART 2 (C1) | 2
Town of Picture Butte Land Use Bylaw No. 841-15
2.
MINIMUM LOT SIZE
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
All uses
7.6
25
30.5
100
232.3
2,500
3.
MINIMUM SETBACK REQUIREMENTS
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
All uses
0.9
3
None required
7.6
25
If required by the
DO or MPC
4.
MAXIMUM SITE COVERAGE
Principal building and accessory buildings - 80%
5.
MAXIMUM BUILDING HEIGHT
Principal structure
- 10.7 m (35 ft.) and a maximum of three storeys
Accessory structure
- 6.1 m (20 ft.)
(1) The roofline of the principal structure shall be compatible with the surrounding structures to
the satisfaction of the Development Authority.
(2) Roof mounted mechanical units may exceed the maximum building height provided they are
concealed by screening in a manner compatible with the architectural character of the building
or concealed by the building roof or a parapet wall.
6.
ACCESSORY BUILDINGS AND STRUCTURES
The following regulations are applicable to accessory buildings and structures:
(a) Accessory buildings or structures 9.3 m2 (100 sq. ft.) or less in size shall be constructed such that
eaves shall be not be less than 0.6 metres (2 ft.) to a side or rear lot line and all drainage shall be
conducted to the appropriate storm drain via the applicant's own property.
(b) Accessory buildings or structures in excess of 9.3 m2 (100 sq. ft.) shall not be less than 0.9 metres
(3 ft.) from a side or rear lot line.
(c) Accessory buildings or structures in excess of 9.3 m2 (100 sq. ft.) shall be setback (separated) a
minimum 1.2 metres (4 ft.) from the principal building or and all other buildings or structures on
the same lot.
7.
OUTDOOR STORAGE AND SALES
(1) No on-site outdoor storage or sale of goods shall be permitted within this land use district unless
expressly approved in a development permit.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (C1) | 3
(2) Any approved outdoor storage shall be limited to the rear yard and must be screened or fenced
to the satisfaction of the Development Authority, with consideration for Section 7 of this district.
Outdoor storage shall be screened from view from any public roadway other than a lane, and
from adjacent sites by a wall, landscape materials, berms, fences, or a combination of these
features, to the satisfaction of the Development Authority.
(3) The outdoor display of goods, materials or equipment solely for advertisement purposes may
be allowed, unless otherwise stipulated by the Development Authority, subject to the following:
(a) the display of goods, materials or equipment may be permitted in the front yard provided
that it is restricted to examples of limited equipment, products, vehicles or items sold by
the business or industrial use located on the subject site containing the display area;
(b) the outdoor display areas are not located within any required setback or on municipal
property; and
(c) the display areas are not located on any required and approved landscaping area.
(4) Approved shipping containers must be located in the rear yard only and are not to be located in
a front or side yard. As a condition of development permit approval, the Development Authority
may require the shipping container to be screened or painted.
8.
LANDSCAPING AND SCREENING STANDARDS
(1) The Development Authority may impose landscaping or screening requirements on a
development approval for a permitted or discretionary use if these would serve to improve the
quality or compatibility of the proposed development.
(2) The front yard and corner side yard on corner lots shall be comprehensively landscaped, except
for those areas occupied by sidewalks or driveways, to the satisfaction of the Development
Authority.
(3) If landscaping is required by the Development Authority, a landscaping plan shall be submitted
with the development permit application for any principal use. The Development Authority may
require that a landscaping plan be prepared by a professional. An irrigation plan may also be
required.
(4) Development along Highway 25 may be subject to enhanced landscaping standards to ensure
consistency with the Municipal Development Plan policies regarding entryways into the
community.
(5) Off-street parking lots shall be landscaped and/or screened to the satisfaction of the
Development Authority. An off-street parking lot designed to accommodate more than 25
vehicles shall provide landscaping in the form of landscaped islands, landscaping between rows
of parking stalls, or other suitable landscaping to the satisfaction of the Development Authority.
(6) Where off-street parking is adjacent to a residential use, the Development Authority may
require a minimum 3.0 m (10 ft.) landscaped buffer between the property line and the adjacent
use.
(7) All mechanical equipment shall be concealed by screening in a manner compatible with the
architectural character of the structure to the satisfaction of the Development Authority.
PART 2 (C1) | 4
Town of Picture Butte Land Use Bylaw No. 841-15
(8) Landscaping shall consist of any combination of the following to the satisfaction of the
Development Authority:
(a) vegetation (e.g. trees, shrubs, lawn, flowers);
(b) ground cover (e.g. large feature rocks, bark chip, field stone, crushed rock, or other similar
features);
(c) buffering (e.g. berming, terracing, paving stones);
(d) outdoor amenity areas (e.g. benches, walkways, raised planters, etc.);
(e) innovative landscaping features, as approved by the Development Authority.
(9) For additional standards that may apply - See Part 4.
9.
OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - SEE PART 4.
A commercial or other associated development in this district is required to meet the parking and
loading area requirements outlined in Part 4, Section 20, which may be imposed as a condition on a
development permit approval.
10. STACKING SPACES FOR DRIVE-THROUGH USES
(1) In addition to the off-street parking requirements, a drive-through use is required to provide the
following minimum stacking spaces:
(a) Restaurant use: 30.5 m (100 ft.) from order box to pick-up window
(b) Gas station: 9.1 m (30 ft.) from each end on pump island
(c) Bank machine: 22.9 m (75 ft.) from bank machine window
(d) Car wash: 15.2 m (50 ft.) from car wash entrance
(e) Other: As determined by the Development Authority
(2) The minimum stacking space requirements in Section 10(1) above may be varied by the
Development Authority depending upon the intensity of the proposed development.
11. FENCES
(1) No fence, wall, hedge or any combination thereof shall extend more than 0.91 metre (3 ft.)
above the ground in any front yard area without a development permit approved by the
Development Authority (see figure).
(2) Fences in the secondary front, rear and side yards shall be 2.44 metres (8 ft.) or less in height
(see figure).
(3) Where a permit is required, the Development Authority may regulate the types of materials and
colours used for a fence.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (C1) | 5
Fence Height Provisions
Green area = fence height 3 ft. or less
Blue area = fence height 8 ft. or less
12. STANDARDS OF DEVELOPMENT - See Part 4.
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
13. MIXED-USE DEVELOPMENTS
(1) Development permit applications for mixed-use developments (buildings or parcels of land) may
be considered for approval in this district if the uses conform to the list of permitted or
discretionary uses. For specific details, the criteria and standards of development stipulated in
Part 4 will apply.
(2) Residential accommodation as part of a mixed-use commercial building must be in conjunction
with a commercial use on the main floor, and the residential use must be by the operator of the
business.
14. SITE PLANS
(1) The Development Authority may require a professionally prepared detailed site plan as part of
the development permit application. A site plan shall illustrate existing and proposed buildings,
structures, roads and access points, setbacks, landscaping, parking, utility easements and any
other item the Development Authority considers necessary.
(2) The Development Authority shall require a professionally prepared site plan as described in
Section 14(1) above as part of the development permit application, for any proposed mixed-use
parcel of land.
PART 2 (C1) | 6
Town of Picture Butte Land Use Bylaw No. 841-15
15. DECKS AND AMENITY SPACES - See Part 4.
16. SIGNS - See Part 5.
17. CANOPIES - See Part 5, Section 9.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (C2) | 1
HIGHWAY COMMERCIAL - C2
INTENT:
To ensure the sites adjacent to the highway are reserved for appropriate commercial uses for
the benefit of the motoring public and regional commerce with an emphasis on high quality
development standards.
1.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings and structures
Auto sales and service
Business Support Services
Coffee shops, restaurants
Convenience stores
Drive-thru restaurants
Hotels or Motels
Restaurants
Retail stores
Signs Type 1 (in accordance with Part 5)
Solar collectors, individual (see Part 4)
Temporary shipping container (see Part 3 and
Part 4, Section 40)
PROHIBITED USES
♦ Any use which is not listed as either a
Permitted or Discretionary Use, or is not
ruled to be Similar to a Permitted or
Discretionary Use in accordance with
Part 1, Section 31, is a Prohibited Use.
TYPE A
Accessory uses
Animal grooming facility
Auction market (non-livestock)
Building supply centre
Bulk oil stations
Car washes
Farm machinery outlets
Farmer markets
Flea markets
Funeral home
Garden centre
Gas/Service stations (see Part 4)
Liquor store
Parking areas and structures
Public and private utilities
Outdoor storage limited, in conjunction with an
approved commercial use
Recreational Vehicle sales and service
Shipping containers, permanent (see Part 4)
Signs Type 2 (in accordance with Part 5)
Small wind energy system - Type A (see Part 4,
Section 42)
Tourist centres or facilities
Veterinary clinics, large and small animal
TYPE B - Development Officer
Temporary uses
2.
MINIMUM LOT SIZE
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
All uses
22.9
75
38.1
125
870.9
9,375
PART 2 (C2) | 2
Town of Picture Butte Land Use Bylaw No. 841-15
3.
MINIMUM SETBACK REQUIREMENTS
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
All uses
9.1
30
6.1
20
6.1
20
4.
MAXIMUM SITE COVERAGE
Principal building and accessory buildings - 50%
5.
MAXIMUM BUILDING HEIGHT
Principal structure
- 10.7 m (35 ft.) and a maximum of three storeys
Accessory structure
- 6.1 m (20 ft.)
(1) The roofline of the principal structure shall be compatible with the surrounding structures to
the satisfaction of the Development Authority.
(2) Roof mounted mechanical units may exceed the maximum building height provided they are
concealed by screening in a manner compatible with the architectural character of the building
or concealed by the building roof or a parapet wall.
6.
ACCESSORY BUILDINGS AND STRUCTURES
The following regulations are applicable to accessory buildings and structures:
(a) Accessory buildings or structures 9.3 m2 (100 sq. ft.) or less in size shall be constructed such that
eaves shall be not be less than 0.6 metres (2 ft.) to a side or rear lot line and all drainage shall be
conducted to the appropriate storm drain via the applicant's own property.
(b) Accessory buildings or structures in excess of 9.3 m2 (100 sq. ft.) shall not be less than 0.9 metres
(3 ft.) from a side or rear lot line.
(c) Accessory buildings or structures in excess of 9.3 m2 (100 sq. ft.) shall be setback (separated) a
minimum 1.2 metres (4 ft.) from the principal building or and all other buildings or structures on
the same lot.
7.
OUTDOOR STORAGE AND SALES
(1) No on-site outdoor storage or sale of goods shall be permitted within this land use district unless
expressly approved in a development permit.
(2) Any approved outdoor storage shall be limited to the rear yard and must be screened or fenced
to the satisfaction of the Development Authority, with consideration for Section 8 of this district.
Outdoor storage shall be screened from view from any public roadway other than a lane, and
from adjacent sites by a wall, landscape materials, berms, fences, or a combination of these
features, to the satisfaction of the Development Authority.
(3) The outdoor display of goods, materials or equipment solely for advertisement purposes may
be allowed, unless otherwise stipulated by the Development Authority, subject to the following:
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (C2) | 3
(a) the display of goods, materials or equipment may be permitted in the front yard provided
that it is restricted to examples of limited equipment, products, vehicles or items sold by
the business or industrial use located on the subject site containing the display area;
(b) the outdoor display areas are not located within any required setback or on municipal
property; and
(c) the display areas are not located on any required and approved landscaping area.
(4) Approved shipping containers must be located in the rear yard only and are not to be located in
a front or side yard. As a condition of development permit approval, the Development Authority
may require the shipping container to be screened or painted.
8.
LANDSCAPING AND SCREENING STANDARDS
(1) The Development Authority may impose landscaping or screening requirements on a
development approval for a permitted or discretionary use if these would serve to improve the
quality or compatibility of the proposed development.
(2) The front yard and corner side yard on corner lots shall be comprehensively landscaped, except
for those areas occupied by sidewalks or driveways, to the satisfaction of the Development
Authority.
(3) If landscaping is required by the Development Authority, a landscaping plan shall be submitted
with the development permit application for any principal use. The Development Authority may
require that a landscaping plan be prepared by a professional. An irrigation plan may also be
required.
(4) Development along Highways may be subject to:
(a) enhanced landscaping standards to ensure consistency with the Municipal Development
Plan policies regarding entryways into the community; and
(b) specific conditions or requirements of Alberta Transportation.
(5) Off-street parking lots shall be landscaped and/or screened to the satisfaction of the
Development Authority. An off-street parking lot designed to accommodate more than 25
vehicles shall provide landscaping in the form of landscaped islands, landscaping between rows
of parking stalls, or other suitable landscaping to the satisfaction of the Development Authority.
(6) Where off-street parking is adjacent to a residential use, the Development Authority may
require a minimum 3.0 metres (10 ft.) landscaped buffer between the property line and the
adjacent use.
(7) All mechanical equipment shall be concealed by screening in a manner compatible with the
architectural character of the structure to the satisfaction of the Development Authority.
(8) Landscaping shall consist of any combination of the following to the satisfaction of the
Development Authority:
(a) vegetation (e.g. trees, shrubs, lawn, flowers);
(b) ground cover (e.g. large feature rocks, bark chip, field stone, crushed rock, or other similar
features);
PART 2 (C2) | 4
Town of Picture Butte Land Use Bylaw No. 841-15
(c) buffering (e.g. berming, terracing, paving stones);
(d) outdoor amenity areas (e.g. benches, walkways, raised planters, etc.);
(e) innovative landscaping features, as approved by the Development Authority.
(9) For additional standards that may apply - See Part 4.
9.
OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 4, A. General Use Provisions
A commercial or other associated development in this district is required to meet the parking and
loading area requirements outlined in Part 4, which may be imposed as a condition on a development
permit approval.
10. STACKING SPACES FOR DRIVE-THROUGH USES
(1) In addition to the off-street parking requirements, a drive-through use is required to provide the
following minimum stacking spaces:
(a) Restaurant use: 30.5 m (100 ft.) from order box to pick-up window
For order boxes associated with 1(a), the order box must be located a minimum of 9.1 m
(30 ft.) from the boundary of a road right-of-way.
(b) Gas station: 9.1 m (30 ft.) from each end on pump island
(c) Bank machine: 22.9 m (75 ft.) from bank machine window
(d) Car wash: 15.2 m (50 ft.) from car wash entrance
(e) Other: As determined by the Development Authority
(2) The minimum stacking space requirements in Section 10(1) may be varied by the Development
Authority depending upon the intensity of the proposed development.
11. FENCES
(1) No fence, wall, hedge or any combination thereof shall extend more than 0.91 metre (3 ft.)
above the ground in any front yard area without a development permit approved by the
Development Authority (see figure).
(2) Fences in the secondary front, rear and side yards shall be 2.44 metres (8 ft.) or less in height
(see figure).
(3) Where a permit is required, the Development Authority may regulate the types of materials and
colours used for a fence.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (C2) | 5
Fence Height Provisions
Green area = fence height 3 ft. or less
Blue area = fence height 8 ft. or less
12. STANDARDS OF DEVELOPMENT - See Part 4.
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
13. MIXED-USE DEVELOPMENTS
Development permit applications for mixed-use developments (buildings or parcels of land) may be
considered for approval in this district if the uses conform to the list of permitted or discretionary
uses. For specific details, the criteria and standards of development stipulated in Part 4 will apply.
14. SITE PLANS
(1) The Development Authority may require a professionally prepared detailed site plan as part of
the development permit application. A site plan shall illustrate existing and proposed buildings,
structures, roads and access points, setbacks, landscaping, parking, utility easements and any
other item the Development Authority considers necessary.
(2) The Development Authority shall require a professionally prepared site plan as described in
Section 14(1) as part of the development permit application, for any proposed mixed-use parcel
of land.
15. STANDARDS OF DEVELOPMENT - See Part 4.
16. LANDSCAPING AND SCREENING - See Part 4, Section 11.
17. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 4, Section 20.
PART 2 (C2) | 6
Town of Picture Butte Land Use Bylaw No. 841-15
18. SIGNS - See Part 5.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (I) | 1
INDUSTRIAL - I
INTENT:
To provide for and encourage the orderly industrial development of this district in a manner
compatible with other land uses.
1.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings and structures
Building and special trade contractors
Business support service
Farm machinery sales and service outlets
Grain elevators or storage
Mini-storage
Offices and business administration
Signs Type 1 (in accordance with Part 5)
Solar collectors, individual (see Part 4)
Taxidermy
Temporary shipping container (see Part 3 and
Part 4, Section 40)
Warehousing and indoor storage facilities
Wholesaling
PROHIBITED USES
Livestock sales yards
Noxious and hazardous uses
♦ Any use which is not listed as either a
Permitted or Discretionary Use, or is not
ruled to be Similar to a Permitted or
Discretionary Use in accordance with
Part 1, Section 31, is a Prohibited Use.
TYPE A
Accessory uses
Auction market (non-livestock)
Auto body repair and paint shop
Automobile sales and service outlets
Building supply centre
Bulk fuel stations
Cannabis production facility
Car and truck washing facilities
Cardlock fuel station
Food processing industries
Garden centre
Gas/Service stations
Greenhouse
Kennel
Landscaping materials sales and service
Lumber yard/building supplies
Manufactured home sales and service
Manufacturing and processing facilities, general
Mechanical sales and service
Moved-in building
Non-noxious manufacturing and processing
facilities
Portable fabric buildings and storage structures
Public and private utilities
Recycling facility
Seed cleaning plants
Shipping containers (see Part 4)
Signs Type 2 (in accordance with Part 5)
Small wind energy system - Type A, B and C
(see Part 4)
Transportation depot
Veterinary clinics, small and large animal
Welding and metal fabrication
(column continues on next page)
PART 2 (I) | 2
Town of Picture Butte Land Use Bylaw No. 841-15
DISCRETIONARY USES
TYPE B - Development Officer
Outdoor storage
Surveillance suite
Temporary uses
2. MINIMUM LOT SIZE
Width
Length
Area
Use
m
ft.
m
ft.
m2
sq. ft.
All uses
30.5
100
30.5
100
929
10,000
3.
MINIMUM SETBACK REQUIREMENTS
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
All uses
7.6
25
3.0
10
As required by
(internal)
the DO or MPC
4.6
15
(corner)
4.
MAXIMUM SITE COVERAGE
Principal building and accessory buildings - 60%
5.
MAXIMUM BUILDING HEIGHT
Principal structure
- 10.7 m (35 ft.) and a maximum of three storeys
Accessory structure
- 7.6 m (25 ft.)
6.
ACCESSORY BUILDINGS AND STRUCTURES
(1) Accessory buildings or structures setbacks to the side or rear lot line shall be to the discretion of
the Development Authority, with consideration for required setbacks and minimum distance
separations based on the materials stored in accessory structures. In all instances the accessory
building or structure setbacks shall be constructed such that eaves shall be not less than 0.6
metres (2 ft.) to a side or rear lot line and all drainage shall be conducted to the appropriate
storm drain via the applicant's own property.
(2) Accessory buildings or structures in excess of 9.3 m2 (100 sq. ft.) shall be setback a minimum 1.2
metres (4 ft.) from the principal building or and all other buildings or structures on the same lot.
7.
INDUSTRIAL DEVELOPMENT STANDARDS
(1) No use shall be approved which may generate traffic problems within the district.
(2) Any proposed industrial development shall meet all the required and appropriate regulations of
the Alberta Building Code.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (I) | 3
(3) On parcels located adjacent to provincial highways, any storage of goods, products, raw
materials, etc. shall be effectively screened from view by buildings, solid fences, landscaped
features, or combinations thereof and be maintained in good repair.
(4) Landscaping, fencing, screening and siting or setback restrictions may be imposed as a condition
of a development permit, with consideration for Section 8 and 9 below, and Part 4, Section 11.
(5) Where it appears that greater side yard setbacks may be necessary, the Development Authority
may impose such a requirement as a condition of a development permit.
(6) No operation or activity associated with any use in this District shall be permitted which would
create a nuisance factor from noise, odour, earthborn vibrations, heat, intense light sources or
dust, outside an enclosed building.
(7) See Part 4, A. General Use Provisions for additional requirements.
(8) See Part 4, B. Specific Use Provisions.
8.
LANDSCAPING, SCREENING AND LOCATION OF STORAGE
(1) No outdoor storage shall be permitted in the required front yard setback of 7.6 metres (25 ft.),
nor in the required corner lot side yard setback of 4.6 metres (15 ft.).
(2) The minimum front yard setback area, or an equal percentage of the site area as required by the
Municipal Planning Commission, and in the case of corner lots, the minor front yard setback
area as well, shall be comprehensively landscaped to the satisfaction of the Development Officer
or the Municipal Planning Commission in accordance with the guidelines in this section and Part
4, Section 11.
(3) Other outdoor storage areas shall be kept effectively screened from view by buildings, solid
fences, trees, landscaped features, or combinations thereof, and shall be maintained in good
repair unless exempted by the Municipal Planning Commission. For fencing see Section 9 below.
(4) Separation, or buffering, between adjacent land uses may be required, including the use of
trees, shrubs, fences, walls, and berms to buffer or screen uses of negative impact.
(5) See Part 4, A. General Use Provisions for landscaping requirements.
(6) Outdoor storage is prohibited in the front yard. All loading, service, and storage areas (where
permitted), shall be located to the rear and sides of the principal building and shall be screened
from view from any public roadway other than a lane, and from adjacent sites by a wall,
landscape materials, berms, fences, or a combination of these features, to the satisfaction of
the Development Authority.
(7) The outdoor display of goods, materials or equipment solely for advertisement purposes may
be allowed, unless otherwise stipulated by the Development Authority, subject to the following:
(a) the display of goods, materials or equipment may be permitted in the front yard provided
that it is restricted to examples of limited equipment, products, vehicles or items
manufactured or sold by the use located on the subject site containing the display area;
(b) the outdoor display areas are not located within any required setback; and
PART 2 (I) | 4
Town of Picture Butte Land Use Bylaw No. 841-15
(c) the display areas are not located on any required and approved landscaping area.
(8) Refuse or garbage shall be kept in a suitably-sized container or enclosure and shall be located in
a rear yard only. Refuse containers shall be screened from view from any public roadway other
than a lane, and from adjacent sites by a wall, landscape materials, berms, fences, or a
combination of these features, to the satisfaction of the Development Authority.
(9) Equipment, parts, wrecked or damaged motor vehicles which might be located or stockpiled on
the property as part of an approved development must be effectively screened from all adjacent
parcels and roadways in the vicinity.
(10) The Development Authority may require that any exposed projections outside the building, such
as mechanical and electrical equipment and cooling towers, be screened from view from any
public roadway and adjacent sites if, in the opinion of the Development Authority such
projections are:
(a) inconsistent with the character and appearance of surrounding development or intended
visual qualities of this District; or
(b) are required in accordance with any area structure plan policies.
9.
FENCES
(1) No fence, wall, hedge or any combination thereof shall extend more than 0.91 metre (3 ft.)
above the ground in any front yard area without a development permit approved by the
Development Authority (see figure).
(2) Fences in the secondary front, rear and side yards shall be 2.44 metres (8 ft.) or less in height
(see figure).
(3) Where a permit is required, the Development Authority may regulate the types of materials and
colours used for a fence.
Fence Height Provisions
Green area = fence height 3 ft. or less
Blue area = fence height 8 ft. or less
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (I) | 5
10. LOADING AREA REQUIREMENTS
(1) For commercial, industrial and other uses, there shall be a minimum of one off-street designated
loading area, or more as required by the Development Authority. Uses such as office buildings,
business support services, and professional services that do not involve the production, sales,
storage or shipping of products or goods may be exempted from this requirement by the
Development Authority.
(2) Each loading area shall be designed in such a manner that it will not interfere with convenient
and safe pedestrian movement, traffic flow, site access/approaches onto public roadways, or
parking.
(3) See Part 4, General Use Provisions for additional standards.
11. MIXED-USE DEVELOPMENTS
Development permit applications for mixed-use developments (buildings or parcels of land) may be
considered for approval in this district if the uses conform to the list of permitted or discretionary
uses. For specific details, the criteria and standards of development stipulated in Part 4 will apply.
12. SITE PLANS
(1) The Development Authority may require a professionally prepared detailed site plan as part of
the development permit application. A site plan shall illustrate existing and proposed buildings,
structures, roads and access points, setbacks, landscaping, parking, utility easements and any
other item the Development Authority considers necessary.
(2) The Development Authority shall require a professionally prepared site plan as described in
Section 12(1) as part of the development permit application, for any proposed mixed-use parcel
of land.
13. STANDARDS OF DEVELOPMENT - See Part 4, A. General Use Provisions
(1) Part 4 contains land use and development standards that may be required and stipulated as a
condition of a subdivision or development approval.
(2) All development must comply with any additional standards that may be contained in an
adopted area structure plan or design scheme.
14. STANDARDS OF DEVELOPMENT - See Part 4. B. Specific Use Provisions
15. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 4, Section 20.
16. SIGNS - See Part 5.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (P) | 1
PUBLIC - P
INTENT:
To provide for institutional, public and semi-public uses which are compatible with each other
and with adjoining land use districts. These will often include government, community,
educational and recreational types of uses.
1.
PERMITTED USES
DISCRETIONARY USES
Accessory buildings and structures
Cemetery
Government offices
Libraries
Parks, playgrounds, sportsfields, open spaces
and other public recreation areas
Places of worship
Post offices
Public use facilities
Solar collectors, individual (see Part 4)
Temporary shipping container (see Part 3 and
Part 4, Section 40)
PROHIBITED USES
Shipping containers
♦ Any use which is not listed as either a
Permitted or Discretionary Use, or is not
ruled to be Similar to a Permitted or
Discretionary Use in accordance with
Part 1, Section 31, is a Prohibited Use.
TYPE A
Accessory uses
Adult care facility
Campgrounds, public
Child care facility
Clubs and fraternal organizations
Commercial recreation
Community hall or facility
Educational facilities
Group home
Hospital
Museum
Portable garages (fabric buildings) and storage
structures
Private nursing home
Private clubs and recreation facilities
Public and private utility accessory structure
Public and private utility structures
Schools - Public and private
Senior citizens' lodges
Signs Type 1 and Type 2 (in accordance with
Part 5)
Small wind energy system - Type A and B (see
Part 4)
TYPE B - Development Officer
Temporary uses
2.
MINIMUM LOT SIZE
As required by the Development Officer or Municipal Planning Commission.
PART 2 (P) | 2
Town of Picture Butte Land Use Bylaw No. 841-15
3.
MINIMUM SETBACK REQUIREMENTS
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
All uses
7.6
25
3.0
10
7.6
25
4.
MAXIMUM SITE COVERAGE
Principal building and accessory buildings combined - 50%
5.
MAXIMUM BUILDING HEIGHT
Principal structure
- 7.6 m (25 ft.)
Accessory structure - 6.1 m (20 ft.)
6.
ACCESSORY BUILDINGS AND STRUCTURES
(1) Accessory buildings or structures setbacks to the side or rear lot line shall be to the discretion of
the Development Authority, with consideration for the size and use. In all instances the
accessory building or structure setbacks shall be constructed such that eaves shall be not less
than 0.6 metres (2 ft.) to a side or rear lot line and all drainage shall be conducted to the
appropriate storm drain via the applicant's own property.
(2) Accessory buildings or structures in excess of 9.3 m2 (100 sq. ft.) shall be setback a minimum 1.2
metres (4 ft.) from the principal building or and all other buildings or structures on the same lot.
7.
LANDSCAPING
(1) The Development Authority may impose landscaping or screening requirements on a
development approval for a permitted or discretionary use if these would serve to improve the
quality or compatibility of the proposed development.
(2) The front yard and corner side yard on corner lots shall be comprehensively landscaped, except
for those areas occupied by sidewalks or driveways, to the satisfaction of the Development
Authority.
(3) If landscaping is required by the Development Authority, a landscaping plan shall be submitted
with the development permit application for any principal use. The Development Authority may
require that a landscaping plan be prepared by a professional. An irrigation plan may also be
required.
(4) Off-street parking lots shall be landscaped and/or screened to the satisfaction of the
Development Authority. An off-street parking lot designed to accommodate more than 25
vehicles shall provide landscaping in the form of landscaped islands, landscaping between rows
of parking stalls, or other suitable landscaping to the satisfaction of the Development Authority.
(5) Where off-street parking is adjacent to a residential use, the Development Authority may
require a minimum 3.0 metres (10 ft.) landscaped buffer between the property line and the
adjacent use.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (P) | 3
(6) Landscaping shall consist of any combination of the following to the satisfaction of the
Development Authority:
(a) vegetation (e.g. trees, shrubs, lawn, flowers);
(b) ground cover (e.g. large feature rocks, bark chip, field stone, crushed rock, or other similar
features);
(c) buffering (e.g. berming, terracing, paving stones);
(d) outdoor amenity areas (e.g. benches, walkways, raised planters, etc.);
(e) innovative landscaping features, as approved by the Development Authority.
8.
STANDARDS OF DEVELOPMENT - See Part 4.
9.
OFF-STREET PARKING AND LOADING AREA REQUIREMENTS - See Part 4, Section 20.
10. SIGNS - See Part 5.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (UR) | 1
URBAN RESERVE - UR
INTENT:
To limit and manage development in areas along the community's fringe to uses which will not
constrain the transition to more intensive urban development in the future. Development and
fragmentation of land is to be limited in order to preserve land and enable it to be more
efficiently planned for and serviced in the future. Agricultural uses may occur in the interim
prior to land being planned for and developed as more intensified urban use, but such uses
are limited to non-noxious, minor activities related to the cultivation of land, and crop
production.
1.
PERMITTED USES
DISCRETIONARY USES
Extensive agriculture (see definition and
section 8 of this district)
Irrigated farming
Market gardens
Nursery
Temporary shipping container (see Part 3 and
Part 4, Section 40)
PROHIBITED USES
Keeping of confined livestock, farm or exotic
animals, including animal shelters, cattle
barns or feedlots, swine barns, poultry
barns, etc.
Manure application / spreading
Manure or compost stockpiles
Noxious and hazardous uses
Pasturing and grazing of livestock
Shipping containers
♦ Any use which is not listed as either a
Permitted or Discretionary Use, or is not
ruled to be Similar to a Permitted or
Discretionary Use in accordance with
Part 1, Section 31, is a Prohibited Use.
TYPE A
Accessory buildings, structures and uses
Campgrounds
Playgrounds
Portable garages (fabric buildings) and storage
structures (see Part 4)
Public and private utilities
Public parks
Residential accommodation in conjunction with
an approved agricultural use
Signs Type 1 and Type 2 (in accordance with
Part 5)
Small wind energy system - Type A, B and C
(see Part 4)
Sportsfields
Veterinary clinic, small animal
TYPE B - Development Officer
Bed and breakfasts (see Part 4)
Day homes (see Part 4)
Temporary uses
2.
MINIMUM LOT SIZE
2 hectares (5 acres) - This minimum may be varied by the Municipal Planning Commission if there
is provision for all-weather access and connections to all main services.
3.
DEVELOPMENT PREREQUISITE
The Municipal Planning Commission may require that a discretionary use may only be approved when
an area structure plan for the site has been adopted by Council.
4.
MINIMUM SETBACK REQUIREMENTS
As required by the Development Officer or Municipal Planning Commission.
PART 2 (UR) | 2
Town of Picture Butte Land Use Bylaw No. 841-15
5.
MAXIMUM SITE COVERAGE
As required by the Development Officer or Municipal Planning Commission.
6.
EXTENSIVE AGRICULTURE AND LIVESTOCK GRAZING
(1) Development permits are not required for extensive agriculture uses; however, such uses are
limited to non-noxious, best practice farming activities related to the cultivation of land and crop
production or seasonal grazing. Allowable activities include cultivating soil, raising and
producing field crops, and working or tending to agricultural land by tilling, seeding, ploughing,
fallowing, swathing.
(2) The keeping of confined livestock, farm or exotic animals, manure stockpiling, composting are
not permitted in this land use district.
(3) See Definitions, Part 6, for the applicable definitions of extensive agriculture, livestock, farm
animals and exotic animals.
7.
STANDARDS OF DEVELOPMENT - See Part 4.
8.
SIGNS - See Part 5.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (DC) | 1
DIRECT CONTROL - DC
INTENT:
To allow flexibility for approval of uses on suitable sites which have potential for a variety of
different uses or require special development or land use restrictions. On sites designated as
Direct Control, Council is willing to consider proposals that do not unduly interfere with the
amenities of the neighbourhood or materially interfere with or affect the use or enjoyment or
value of neighbouring properties.
1.
PERMITTED AND DISCRETIONARY USES
Any use Council considers suitable.
2.
PROHIBITED USES
Any use not expressly approved by Council or a use listed as prohibited by Council.
3.
MINIMUM LOT SIZE
As Council determines necessary having regard to Part 2.
4.
MINIMUM SETBACK REQUIREMENTS
As Council considers necessary.
5.
STANDARDS OF DEVELOPMENT
As Council considers necessary having regard to Part 4.
6.
SIGNS
As Council considers necessary having regard to Part 5.
7.
OTHER STANDARDS
As Council requires.
8.
APPROVAL PROCEDURE
(1) Before Council considers an application for a use in the Direct Control district, they shall:
(a) cause notice to be issued by the Development Officer in accordance with Part 1, Section
33;
(b) hear any persons who claim to be affected by a decision on the application.
(2) Council may then approve the application with or without conditions, or refuse the application.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 2 (DC) | 3
DIRECT CONTROL DISTRICTS AND ADOPTING BYLAWS
(1) Any parcel designated as Direct Control as illustrated on the Land Use Districts Map is designated for
that purpose.
(2) The following is a reference list of redesignation bylaws adopted by Town Council which designated
the specified parcels of land to a Direct Control - DC land use district. This list will be updated on an
ongoing basis and displays the amending bylaws to the most recent date of the Land Use Bylaw being
consolidated (updated). The amending bylaws follow this section
BYLAW NO.
LEGAL DESCRIPTION
DATE OF ADOPTION
844-16
Block L, Plan 8774HS
March 14, 2016
PART 3
DEVELOPMENT NOT REQUIRING
A DEVELOPMENT PERMIT
Town of Picture Butte Land Use Bylaw No. 841-15
PART 3 | 1
PART 3
DEVELOPMENT NOT REQUIRING A
DEVELOPMENT PERMIT
1.
No development permit is required for any development that is specifically exempt by virtue of its
inclusion in an exemption regulation.
2.
No development permit is required the maintenance and repair of public works, services and utilities
carried out by or on behalf of federal, provincial, municipal or public authorities on land which is
publicly owned or controlled.
3.
No development permit is required for the following, but they must otherwise comply with the
requirements of this Bylaw:
(a) the carrying out of works of maintenance or repair to any building, if such works do not include
structural alterations, or major works of renovation;
(b) the completion of a building which was lawfully under construction at the date of the first
publication of the official notice required by section 692 of the MGA, provided that:
(i)
the building is completed in accordance with the terms of any permit granted in respect of
it and subject to the conditions to which that permit was granted; and
(ii) the building, whether or not a permit was granted in respect of it, is completed within a
period of 12 months from the date of the first publication of the official notice;
and the use of any building referred to in Sections 3(b)(i) and (ii) above for the purpose for which
construction was commenced.
(c) the placement of a construction trailer during the construction, alteration, or maintenance of a
building for a term not to exceed one year providing the trailer is removed upon occupancy or
issuance of an occupancy permit, whichever occurs first and there shall be no residential
occupancy of the construction trailer at any time;
(d) the carrying out of works of maintenance or repair to any building, if such works do not include
structural alterations or major works of renovation;
(e) interior renovations to a building which do not:
(i)
create another dwelling unit,
(ii) increase parking requirements,
(iii) result in the change of use of a building, or
(iv) increase the square footage (increase density);
(f)
changing the exterior finish of a building unless it is required as a condition of an authorized
development permit;
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Town of Picture Butte Land Use Bylaw No. 841-15
(g) the use of a building or part thereof as a temporary polling station, returning officer's
headquarters, candidate's campaign office and any other official temporary use in connection
with a federal, provincial or municipal election, referendum or census;
(h) the erection of gates, fences, walls, hedges or other means of enclosure which are:
(i)
not more than 0.9 metre (3 ft.) in height in front yards and all yard spaces on corner lots
lying between the dwelling and the public roadway (as illustrated in the following diagram);
(ii) not more than 1.8 metres (6 ft.) in all other yards in residential land use districts;
(iii) not more than 2.4 metres (8 ft.) in rear and side yards in commercial and industrial land
use districts;
(i)
the temporary erection or construction of buildings, works, plant or machinery needed in
connection with operations for which a development permit and a building permit have been
issued;
(j)
concrete or asphalt parking surfaces (excluding carports);
(k) the erection or placement of one accessory building or structure that is detached and less than
9.3 m² (100. sq. ft.) in area providing that it otherwise complies with this Bylaw (additional
accessory buildings or structures will require a development permit);
(l)
uncovered patios or stairs provided they do not project more than the allowed distance into
required setbacks;
(m) landscaping, fish ponds, fountains, ornaments, flagpoles (less than 4.88 metres (16 ft.) in height),
garden/flower boxes, or other similar landscaping features;
(n) rear, ground level deck less than 0.61 metre (2 ft.) in height provided they meet the minimum
setback requirements for accessory buildings or structures;
(o) any residential hard surfaced or gravel driveways, parking pads not supporting a garage or
carport, and/or paving stones, that was not required as part of the original development permit;
(p) satellite or cable television dishes less than 1.52 metres (5 ft.) in diameter provided installation
meets all requirements within the Land Use District pertaining to the development;
(q) temporary and/or portable swimming pools and hot tubs 11.15 m2 (120 sq. ft.) or less in size but
are subject to Safety Codes and may require a building permit. (Any private swimming pool with
a design depth greater than 0.61 metre (2 ft.) shall be constructed and fenced in accordance
with Safety Codes requirements.) - refer to Part 4, Section 36 for other Swimming Pool
standards;
Town of Picture Butte Land Use Bylaw No. 841-15
PART 3 | 3
(r) temporary outdoor and seasonal sales businesses that are not permanent (e.g. farmers markets,
individual single-event farm auction or estate sales, portable or seasonal fruit and vegetable
stands, Christmas tree sales, etc.) that do not operate on the site more than 30 days in a calendar
year;
(s) the carrying out of activities related to extensive agriculture as permitted in a land use district,
provided it is in accordance with the specific standards and criteria of the bylaw, and with
respect to the landowner adhering to good farming practices.
4.
No development permit is required for certain signs as outlined in Part 5 - Sign Regulations, Section
3 (Signs Not Requiring A Permit). Typically, real estate signs, election signs, garage sale signs, window
signs, municipal addresses, etc. will not require a development permit.
5.
A development permit is not required for demolition:
(a) if a development permit has been approved for development on the same site and demolition
is implicit in that permit; or
(b) for accessory buildings or structures of less than 18.58 m2 (200 sq. ft.) in area.
6.
Temporary shipping intermodal containers (c-containers or sea containers) that are needed to
temporarily accommodate the storage of goods where a building has been damaged in a fire or flood
do not need a development permit if the time period does not exceed 6-months from the time of
placement on the property. (To exceed the 6-month period or for other types of temporary shipping
containers, including those for interior renovations that are not associated with a situation where a
building has been damaged in a fire or flood, do require a development permit, refer to Part 4, Section
40).
7. Although the previous listed items may eliminate the necessity of a Development Permit, the
applicant is still responsible for obtaining any required Building Permit and/or adhering to any other
applicable legislation, safety codes or municipal bylaw.
8.
If there is a doubt as to whether a development permit is required, the matter shall be referred to
the Development Authority for a determination of whether a development permit is required.
PART 4
STANDARDS OF DEVELOPMENT
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 1
PART 4
STANDARDS OF DEVELOPMENT
Except for more specific, alternative, or contradictory standards as may be set forth within an individual
land use district, the following standards apply to all uses in all districts. Standards that are of a continuing
nature must be adhered to at all times into the future, whether or not if attached as a condition of
development permit or not.
A. GENERAL USE PROVISIONS
Quality of Development - Section 1
Design, Character and Appearance - Section 2
Development on Non-Conforming Sized Lots - Section 3
Street Corner Visibility - Section 4
Retaining Walls, Grading and Drainage - Section 5
Multiple Front Yard Provision - Section 6
Refuse Collection and Storage - Section 7
Driveways - Section 8
Fences - Section 9
Building Setbacks - Section 10
Landscaping Standards and Screening - Section 11
Accessory Use - Air Conditioners - Section 12
Servicing - Section 13
Hazardous Chemical Storage - Section 14
Outdoor Fuel Storage - Section 15
Easements - Section 16
Construction Hoarding - Section 17
Site Lighting - Section 18
Commercial and Industrial Use Standards -
Section 19
Parking and Loading Area Requirements -
Section 20
Architectural Controls - Section 21
Site Plans - Section 22
Hazard Lands - Section 23
Setbacks from Abandoned Wells - Section 24
1.
QUALITY OF DEVELOPMENT
The Development Officer or the Municipal Planning Commission may impose conditions on
development applications which serve to improve the quality of any proposed development within
any land use district. Such special conditions may include, but are not limited to: landscaping, paved
parking areas, exterior building finishes, setback variations, building mass, the control of noise,
smoke, smell, and industrial wastes.
2.
DESIGN, CHARACTER AND APPEARANCE
(1) The Municipal Planning Commission or Development Officer may require that specific exterior
finishing materials and colour tones be utilized to maintain the compatibility of any proposed
development with surrounding or adjacent developments.
(2) The Municipal Planning Commission or Development Officer may require that specific finishing
materials and colour tones be utilized to maintain the compatibility of any proposed additions
or ancillary structures with existing buildings on the same lot.
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Town of Picture Butte Land Use Bylaw No. 841-15
(3) The maximum allowable height above the average finished surface level of the surrounding
ground of the exposed portion of a concrete or block foundation may be limited by the
Development Authority.
(4) The Municipal Planning Commission or Development Officer may impose conditions on a
development permit to ensure:
(a) that the design, character and appearance of a buildings, structures or signs is compatible
with other buildings in the vicinity unless it is setting a higher standard of design, character
and appearance for the land use district or a particular locality of it;
(b) that the design, character and appearance of the buildings, structures or sign is consistent
with the purpose of the land use district in which the building is located;
(c) that a development complies with any provision of a statutory plan applicable to the design,
character and appearance of the building in the district.
3.
DEVELOPMENT ON NON-CONFORMING SIZED LOTS
(1) With the approval of the Development Officer or the Municipal Planning Commission, or in the
case of existing registered lots, development may be permitted on a lot which does not conform
to the minimum requirements for length, width or area provided that the minimum area
allowed is not less than 232.25 m2 (2,500 sq. ft.) but any reduction shall be kept in accordance
with the Subdivision and Development Regulation.
(2) Development of existing lots which are contained in an existing Certificate of Title and do not
meet the minimum size requirements or any other requirements of this Bylaw will be considered
by the Development Authority on a case-by-case basis.
4.
STREET CORNER VISIBILITY
(1) On a corner lot, nothing shall be erected, placed, planted or allowed to grow in a manner which
may restrict traffic visibility at street intersections.
(2) Such restrictions apply between 0.9 metre (3 ft.) and 3.0 metres (10 ft.) above the centre line
grades of the intersecting streets in the area, bounded by the property lines of such corner lots
and a line joining points along the said property line 6.1 metres (20 ft.) from the point of
intersection.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 3
5.
RETAINING WALLS, GRADING AND DRAINAGE
(1) All drainage water shall be conveyed to the front street or rear lane and shall not negatively
affect adjacent properties.
(2) Municipal Planning Commission or Development Officer may require:
(a) the construction of a retaining wall, including submittal of a certified engineered design, as
a condition of development is significant differences in grade exist or will exist between
developed and adjacent parcels;
(b) special grading to prevent drainage problems with neighbouring lots as a condition of a
development permit;
(c) the provision of engineered grading and drainage plans for the development.
6.
MULTIPLE FRONT YARD PROVISION
(1) Where any lot has more than one front yard line, the front yard setback requirement shall apply
to all yards, but at the discretion of the Development Officer or the Municipal Planning
Commission only one-half the front yard setback requirement may apply to one of the front
yards and that yard shall be considered a secondary front yard.
(2) Notwithstanding Section 6(1) above, in residential land use districts, the minimum setback
between a garage whose overhead door faces the street and the property line adjacent to that
street shall not be less than 4.9 metres (16 ft.) to allow for driveway stacking space for vehicles.
7.
REFUSE COLLECTION AND STORAGE
(1) Refuse and garbage shall be kept in a suitably-sized enclosure for each use within each land use
district.
(2) Refuse and garbage areas shall be effectively screened until such time as collection and disposal
is possible.
(3) Refuse and garbage holding areas, enclosure and compaction areas shall be located and design
to ensure adequate on-site manoeuvring for refuse collection vehicles.
PART 4 | 4
Town of Picture Butte Land Use Bylaw No. 841-15
(4) Refuse and garbage holding areas, enclosure and compaction areas shall be kept in a good state
of condition and shall not produce odours or other nuisance activities that negatively affect
adjacent properties.
(5) In a residential land use district, no outdoor storage of garbage shall be permitted in any front
yard, including any unscreened portion of either front yard on a corner lot except in an approved
garbage enclosure.
8.
DRIVEWAYS
(1) Vehicular access for corner lots shall generally be limited to locations along the minor street or
cul-de-sac.
(2) In residential districts where a subject property does not provide a side yard sufficient for a
driveway, then one off-street parking pad may be permitted in the front yard to a maximum of
7.62 metres (25 ft.) in width.
(3) When not already included, all single-detached and semi-detached dwellings should provide for
the future construction of an attached garage or carport for one or more vehicles.
(4) Only one front or side yard driveway per lot shall be permitted for single-detached residential
development (including single-wide and double-wide manufactured homes). A separate
driveway accessible from a rear lane is permitted on a lot.
(5) Driveways shall be a minimum of 3.0 metres (10 ft.) and a maximum of 7.62 metres (25 ft.) in
width, unless otherwise approved by the Municipal Planning Commission, on the basis of merit.
(6) Driveways shall be a minimum of 4.6 metres (15 ft.) from the intersection of two public
roadways (as illustrated as setback A on Diagram) and 3.0 metres (10 ft.) from the entrance to
a lane (as illustrated as setback B on Diagram).
9.
FENCES
(1) No fence, wall, vegetation, or any combination thereof shall extend more than 0.9 metre (3 ft.)
above the ground in any front yard area (labelled as area B on diagram), except in the case of
corner lots where one yard is considered as the side yard as indicated in Section 6 and in
accordance with Section 4 of this Part, without approval by the Municipal Planning Commission.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 5
(2) On parcels designated as residential land use districts fences in rear and side yards (labelled as
area A on diagram) shall be limited to 1.8 metres (6 ft.) in height.
(3) Fences in rear and side yards in commercial and industrial land use districts shall be limited to
2.4 metres (8 ft.) in height unless otherwise stipulated in the land use district.
(4) Where a permit is required, the Development Authority may regulate the types of materials and
colours used for a fence.
(5) Fences are prohibited from encroaching into municipal property, including roads, lanes and
rights-of-way, unless permission is granted from the municipality.
10. BUILDING SETBACKS
(1) The Municipal Planning Commission may waive the building setback requirement in a well-
established residential area if, in their opinion, the setback blends in with the prevailing yard
pattern.
(2) The Development Officer or the Municipal Planning Commission may require varied building
setbacks in new residential areas if, in his or their opinion, the variation in setbacks will enhance
the development of that area. An average variation of up to 1.5 metres is considered as
acceptable in consideration of the standards of this Bylaw.
(3) The Municipal Planning Commission may require increased building setbacks other than those
listed in Sections 10(1) and (2) above if, in their opinion, such setbacks would:
(a) help avoid land use conflict;
(b) enhance the appearance of the area.
11. LANDSCAPING STANDARDS AND SCREENING
(1) The Municipal Planning Commission or Development Officer may impose landscaping or
screening requirements on a development approval for a permitted or discretionary use if these
would serve to improve the quality or compatibility of the proposed development, or help
ensure another standard or requirement of this Bylaw is met, such as providing required
screening.
PART 4 | 6
Town of Picture Butte Land Use Bylaw No. 841-15
(2) The minimum front yard setback area, or an equal percentage of the site area as required by the
Municipal Planning Commission, and in the case of corner lots, the minor front yard setback
area as well, shall be comprehensively landscaped to the satisfaction of the Development Officer
or the Municipal Planning Commission in accordance with the guidelines in this section, except
for those areas occupied by sidewalks or driveways.
(3) Separation, or buffering, between adjacent land uses may be required, including the use of
trees, shrubs, fences, walls, and berms to buffer or screen uses of negative impact.
(4) Where any commercial or industrial parcel or part of a parcel adjacent to a primary highway or
secondary road is used for outdoor storage of goods, machinery, vehicles, buildings or waste
materials, the Municipal Planning Commission or Development Officer shall require satisfactory
screening by buildings, fences, hedges, trees, berming or other landscaping features.
(5) In commercial and industrial land use districts, no outdoor storage shall be permitted in the
required front yard setback of 7.6 metres (25 ft.), nor in the required corner lot secondary street
side yard setback of 3.8 metres (12.5 ft.).
(6) Outdoor storage is prohibited in the front yard. All loading, service, and storage areas (where
permitted), shall be located to the rear and sides of the principal building and shall be screened
from view from any public roadway other than a lane, and from adjacent sites by a wall,
landscape materials, berms, fences, or a combination of these features, to the satisfaction of
the Development Authority.
(7) Other outdoor storage areas shall be kept effectively screened from view by buildings, solid
fences, trees, landscaped features, or combinations thereof, and shall be maintained in good
condition unless exempted by the Municipal Planning Commission.
(8) Landscaping may consist of any or all of the following:
(a) vegetation (e.g., trees, shrubs, lawn, flowers);
(b) ground cover such as large feature rocks, bark chips, crushed rock, field stone or other
similar features;
(c) berming, terracing;
(d) innovative landscaping features, xeriscaping;
(e) landscape ornaments;
(f)
other features that may include, but not limited to, front walkways and steps.
(9) Parking lots shall be landscaped and/or screened as required by the Development Authority
where deemed appropriate, to help buffer or screen the use to adjacent land uses, for limiting
the percentage of hard surface in relation to surface drainage management or for aesthetic
purposes, at the discretion of the Development Authority.
(10) The Municipal Planning Commission or Development Officer may require a reasonable security
deposit in relation to landscaping or screening requirements if it is imposed as a condition of a
development permit approval or development agreement to ensure the terms of the agreement
are carried out to the satisfaction of the municipality.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 7
12. ACCESSORY USE - AIR CONDITIONERS
A freestanding exterior air
conditioner must not be
located less than 1.0 metre
(3.3 ft.) from side and rear lot
lines.
(far left.) Air conditioner not
permitted where 'x' is less
than 1.0 metre (3.3 ft.).
(near left.) Preferred location
in rear.
13. SERVICING
(1) All development proposed for parcels, lots and unserviced areas shall be required to connect to
both the municipal water supply and sewerage system.
(2) Notwithstanding Section 13(1), where no municipal servicing is reasonably available,
development may be approved at the discretion of the municipality and shall be subject to
compliance with Alberta Health Services and Alberta "Private Sewage Systems Standard of
Practice 2009" or its successor for unserviced parcels. Prior to development approval, the
applicant shall be required to submit a professional soils analysis/test and report to demonstrate
the suitability of the site for on-site septic, to the satisfaction of the Development Authority.
(3) All multi-unit residential developments must provide separate utility services and meters to
each unit. Multi-unit commercial or industrial developments may be required to provide
separate utility services and meters if the units or condominiumized or planned for future
subdivision.
(4) Developments are not permitted to connect weeping tile and sump pumps to the town's
sanitary sewer.
(5) Developments are required to provide a municipally approved backflow preventing valve or
device at the water connection, unless otherwise exempted by the municipality.
(6) All Automotive, Service Station and Washing facilities, both new and those being renovated, will
be required to provide an oil separator package or device, to the satisfaction and standards as
stipulated by the municipality. This shall be a condition of any development permit approval.
PART 4 | 8
Town of Picture Butte Land Use Bylaw No. 841-15
14. HAZARDOUS CHEMICAL STORAGE
(1) The storage of hazardous chemicals, as defined in the Occupation Health and Safety Act, shall
not be permitted within the Town.
(2) The municipality is exempt from Section 14(1) above if the hazardous chemicals are required for
public works, services or utilities carried out by or on behalf of the municipality or other public
authorities and are stored on land which is publicly owned or controlled.
15. OUTDOOR FUEL STORAGE
The permanent outdoor storage of fuel in any residential land use district shall be suitably fenced to
the satisfaction of the Development Officer or the Municipal Planning Commission.
16. EASEMENTS
All buildings or structures shall not be located over top of an easement or right-of-way unless
otherwise permitted by the holder of the easement right.
17. CONSTRUCTION HOARDING
A temporary development permit is required for erection of construction hoarding which may
infringe on any public property such as sidewalks or streets. The maintenance of pedestrian and
vehicular access shall be deemed to be essential.
18. SITE LIGHTING
Site lighting may be required as a condition of development and any such lighting shall be located,
oriented and shielded so as not to adversely affect adjacent properties or interfere with traffic safety.
19. COMMERCIAL AND INDUSTRIAL USE STANDARDS
The Municipal Planning Commission or Development Officer may set conditions to improve the
compatibility with nearby land uses of any industrial or commercial use or development including,
but not limited to:
(a) measures to control noise, smoke, dust, ash, smell, glare, heat and/or industrial waste;
(b) design, exterior building finish, siting, setbacks, paving of parking areas, and other details, as
appropriate;
(c) screen parking and traffic circulation areas abutting side or rear lot boundaries with a fence, wall
or hedge to the satisfaction of the Municipal Planning Commission;
(d) provide landscaping of a type and amount satisfactory to the Municipal Planning Commission or
Development Officer.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 9
20. PARKING AND LOADING AREA REQUIREMENTS
Specific land use districts may contain parking and loading area requirements in addition to this
section, or may have different standards. If there is a perceived conflict with any standard or
requirements, the standards and regulation as listed in the applicable land use district shall take
precedence.
Off-Street Parking Area Requirements
(1) Parking areas shall be accessible, designed and delineated in a manner which will provide for
orderly parking.
(2) Parking areas shall be constructed in a manner which will permit adequate drainage, snow
removal, and maintenance.
(3) The Development Authority may require that parking areas or portions thereof be paved or
other approved hard surfaced.
(4) Off-street parking may be located in the front yard, as well as the side and rear yard if access is
available.
(5) In lieu of providing off-street parking for non-residential uses, an owner of land to be developed
may, subject to the approval of Council, pay to the municipality such amount of money on such
terms as the Council considers reasonable in return for the equivalent public parking space to
be provided by the municipality elsewhere in close proximity to the development. To be eligible
for the payment-in-lieu provision, the Development Authority may require a minimum of 50
percent of the total parking requirement for the development be provided in accordance with
Part 4, Section 20(10).
(6) Off-street parking spaces in non-residential land use districts adjacent to a road right-of-way
shall be provided with bumper blocks, curbing or other similar protective feature to ensure
public safety and prevent vehicle overhang.
(7) All parking spaces provided shall be on the same lot as the building or use, except that the
Development Officer or Municipal Planning Commission may permit parking spaces to be on a
lot within 152.4 metres (500 ft.) of the building or use if determined impractical to provide
parking on the same lot with the building or use. Where such other parking space is provided,
a caveat approved by Council shall be registered against the lot protecting it for such use.
(8) A multiple use development must provide parking in an amount equal to the number of spaces
for all uses, except where a shared parking provision is approved by the Development Authority.
A shared parking provision based upon the proposed sharing of parking spaces between two or
more uses must include a written agreement between the owners on record. Where such off-
site parking is approved, a caveat shall be registered against the lot to guarantee the continuous
use of the site for parking.
(9) Where a use is not listed, minimum required off-street parking shall be provided as required by
the Development Authority having regard to the listed use that is most similar to the proposed
use. As an alternative, the Development Authority may require a parking study to be prepared
by a qualified professional at the applicant's expense to determine the parking requirements for
a use not listed in Section 20(10), Specific Requirements.
PART 4 | 10
Town of Picture Butte Land Use Bylaw No. 841-15
Specific Requirements
(10) The following shall be used to calculate the off-street parking spaces required for a proposed
development:
Use
No. of Stalls Required
Dwellings:
Single-detached (all types)
2 per dwelling unit
Duplex/semi-detached dwelling
2 per each dwelling unit
Multi-unit dwellings
2 per each dwelling unit
Secondary Suite
1 per secondary suite (less than 3 bedrooms)
2 per secondary suite (3 bedrooms)
(In addition to the principal dwelling)
Home Occupations B (with a business
vehicle)
1 per approved use (in addition to the principal
dwelling requirement)
Day care facility
1 pick-up/drop-off space per 10 children plus 1
space per employee
Group home facility
1 space per every 3 dwelling units plus 1 space per
working employee
Licensed premises
1 per 2 seating spaces
Retail stores and personal service
1 per 55.74 m2 (600 sq. ft.) of gross floor area
Banks and offices
1 per 65.03 m2 (700 sq. ft.) of gross floor area
Health or dental service
1 space per staff member and 1 space per
examination room
Service stations
1 per employee and 2 per service bay
Motels, hotels, bed and breakfasts
1 per guest room (for bed and breakfasts it is in
addition to the residential requirements)
Restaurants and cafes
1 per 4 seating spaces
Religious or public assembly
1 per 6 seating spaces or 1 per 9.29 m2 (100 sq. ft.)
of gross floor area, whichever is greater
Senior citizen housing or facility
1 space per 2.5 dwelling units plus 1 space per
working employee
Community hall or cultural facility
1 space per 6 seating spaces or 1 per 9.29 m2 (100
sq. ft.) of gross floor area, whichever is greater
plus 1 space per working employee
Industrial and heavy commercial uses
1 per 65.03 m2 (700 sq. ft.) of gross floor area; or 1
per 3 employees whichever is greater with a
minimum of 2 spaces per use.
Recreational uses or facilities
As required by the Development Authority
All others
As required by the Development Authority
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 11
Note:
Calculation of parking requirements resulting in a fractional number shall be rounded to the
next highest number.
Table 1 - Minimum Parking Space Dimensions - Non-residential
A: Parking Angle
B: Stall Width
C: Stall Depth
D: Aisle Width
Degrees
Metres
Feet
Metres
Feet
Metres
Feet
0
2.44
8.0
6.71
22
3.66
12
30
2.74
9.0
5.49
18
3.35
11
45
2.59
8.5
6.10
20
3.96
13
60
2.59
8.5
6.40
21
5.49
18
90
2.90
9.5
5.64
18.5
7.32
24
Minimum Parking Space Dimensions - Non-residential
Barrier-Free Parking
(11) The minimum number of barrier-free parking spaces to be provided for non-residential uses,
excluding higher density, shall be a portion of the total number of off-street parking spaces
required, in accordance with Table 2, Barrier-Free Parking Spaces.
(12) Each barrier-free parking space for the disabled shall be:
(a) at least 3.66 metres (12 ft.) wide;
(b) have a firm, slip-resistant and level surface;
(c) be clearly marked as being for the use of persons with disabilities only.
(13) Where there are two or more adjacent barrier-free parking stalls, a 1.52 metres (5 ft.) wide
access aisle shall be provided between the stalls.
(14) Barrier-free parking stalls shall be clearly identifiable in accordance with Safety Codes.
(15) There must be a well-lit, distinguishable, barrier-free path of travel from the parking areas to
the building entrance.
B
D
A
A: Parking Angle
B: Width Of Stall
C: Depth Of Stall
D: Width Of Aisle
C
PART 4 | 12
Town of Picture Butte Land Use Bylaw No. 841-15
(16) The Development Authority may require an additional number of spaces be provided when the
purpose or use of the building facilities may cause an increase in the number of seniors or
persons with disabilities who require accessible parking, such as, but not limited to, medical or
health services, pharmacies and restaurants.
Table 2 - Barrier-Free Parking Spaces
Number of parking spaces required for a use
Number of barrier-free spaces required
for use by persons with disabilities
0-10
11-25
26-50
51-100
for each additional increment
of 100 or part thereof
0*
1
2
3
one additional stall
* Development is encouraged to provide at least one barrier-free parking space for use by persons
with disabilities.
Loading Area Requirements
(17) There shall be a minimum of one off-street loading area per building in the C1, C2 and I land use
districts, except as provided for in Section (21) below of this Part.
(18) All loading areas shall provide a doorway into a building sufficient to meet the needs of the use
within the building.
(19) The minimum dimensions for a loading space shall be 3.05 metres (10 ft.) by 9.14 metres (30 ft.)
with an overhead clearance of 3.96 metres (13 ft.). The Development Authority may require a
larger loading space to be sufficient to meet the needs of the use within the building if it is
deemed necessary.
(20) Each loading area shall be designed in such a manner that it will not interfere with convenient
and safe pedestrian movement, traffic flow, or parking.
(21) The Development Authority may consider a joint loading area for two or more uses if, in their
opinion, such a loading area would facilitate orderly development or relieve congestion in the
immediate area.
(22) The Development Authority may require additional loading areas or doors if, in his or their
opinion, such additional areas or doors are deemed necessary.
Stacking Spaces for Drive-through Uses
(23) In addition to the off-street parking requirements, a drive-through use is required to provide the
following minimum stacking spaces on-site:
(a) Restaurant use: 30.5 m (100 ft.) from order box to pick-up window
For order boxes associated with (i), the order box must be located a minimum of 9.1 m
(30 ft.) from the boundary of a road right-of-way.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 13
(b) Gas station: 9.1 m (30 ft.) from each end on pump island
(c) Bank machine: 22.9 m (75 ft.) from bank machine window
(d) Car wash: 15.2 m (50 ft.) from car wash entrance
(e) Other: As determined by the Development Authority
(24) The minimum stacking space requirements in Section (23) may be varied by the Development
Authority depending upon the intensity of the proposed development.
21. ARCHITECTURAL CONTROLS
All development must comply with any approved architectural controls if required as part of an area
structure plan or subdivision approval. Proof of compliance to the applicable architectural controls
is required at the time of submission of a development permit application.
22. SITE PLANS
The Development authority may require a professionally prepared detailed comprehensive site plan
as part of the development permit application to illustrate existing and proposed buildings,
structures, roads and access points, setbacks, landscaping, parking, drainage and utility easements.
23. HAZARD LANDS
(1) The Subdivision Authority may refuse to approve an application for subdivision or the
Development Authority may refuse to approve an application for a development if the proposed
development is located in potential hazard land areas (e.g. floodplains, steep or unstable slopes,
permanent wetlands) or on other areas where hazard lands are identified, such as coal mining
areas, gas wells, abandoned wells, former landfills, or former industrial lands, unless the
relevant Approval authority is satisfied the subdivision development can proceed safely.
(2) Prior to making a decision on a subdivision or development application, the Subdivision or
Development Authority may:
(a) request that a professionally prepared geotechnical analysis, be submitted at the
applicant's expense;
(b) circulate the application proposal and corresponding geotechnical report to any relevant
government departments for comment; and,
(c) depending on the nature of the hazard, request that an Environmental Impact Assessment
(EIA) as prepared by a certified engineer be submitted at the applicant's expense.
24. SETBACKS FROM ABANDONED WELLS
The Subdivision and Development Regulation (Alberta Regulation 160/2012) requires municipalities
to ensure that applicants include abandoned well information from the ERCB in applications for both
subdivisions and development permits. The Town of Picture Butte shall meet the legislative
requirements of Alberta Regulation 160/2012 regarding subdivision and development by applying
the following policies:
PART 4 | 14
Town of Picture Butte Land Use Bylaw No. 841-15
(1) It is the responsibility of the applicant of the proposed subdivision and/or development to take
measures to identify any abandoned wells within that property and to apply the required
setback.
(2) The Subdivision or Development Authority shall not deem a subdivision or development permit
application complete until the applicant has provided the required abandoned well information
from the ERCB.
(3) The applicant shall be required to provide the following information:
(a) the ERCB information, including a map of the search area from the viewer and a statement
that there are no wells in the project area or a list and map identifying the location of
abandoned wells within the search area (including the surface coordinates, as provided by
the viewer or ERCB Information Services); and
(b) if an abandoned well is present, a detailed site plan must be provided that accurately
illustrates the actual well location (i.e. latitude, longitude) on the subject parcel as
identified in the field and the setback established in the ERCB Directive 079 (a minimum 5
metre radius around the well) in relation to existing or proposed building sites.
(4) If there is an abandoned well located in the area of the proposed surface development, the
applicant is advised to contact the well licensee of record for any additional information that
may be needed or to physically locate the well, and to discuss the proposed development and
abandoned well issue in more detail.
(5) Notwithstanding a use may be a permitted use or discretionary use, surface structures on top
of an abandoned well are not permitted and a minimum 5 metre setback radius around the well
shall be maintained.
B. SPECIFIC USE PROVISIONS
Alternative Energy Sources - Section 25
Bed and Breakfasts - Section 26
Car and Truck Wash Facilities - Section 27
Day Care (Child and Adult Care Facilities) - Section 28
Day Home - See Section 29
Group Care or Group Home Facility - Section 30
Home Occupations - Section 31
Manufactured Dwellings - Section 32
Ready-to-Move Dwellings (New) - Section 33
Moved-In Dwellings and Buildings - Section 34
Portable Garages and Covered
Storage Structures - Section 35
Private Swimming Pools - Section 36
Satellite Dish Antennas - Section 37
Secondary Suites - Section 38
Service Stations and Gas Bars - Section 39
Shipping Containers - Section 40
Solar Collectors - Section 41
Small Wind Energy Systems - Section 42
Telecommunication Antenna Siting Protocol -
Section 43
25. ALTERNATIVE ENERGY SOURCES
The Development Authority is authorized to issue development approvals for alternative energy
sources such as, but not limited to, solar collectors, heat exchange systems, geothermal, generators,
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 15
turbines, etc. provided that any additional approvals or standards required at the municipal,
provincial and/or federal levels are met or exceeded.
26. BED AND BREAKFASTS
(1) Bed and breakfast means a use accessory to a single-detached dwelling which involves a home
based development in a private owner-occupied dwelling where rooms are rented for short-
term accommodation, generally not exceeding 14 days, and a breakfast meal is provided for
registered guests.
(2) Bed and Breakfast accommodation shall be an incidental and subordinate use to the principal
use and restricted to the dwelling unit, and:
(a) advertising may only be permitted in compliance with Section 31(12) of this Part, the same
as a Home Occupation 1 use;
(b) alterations to the principal building may be permitted but shall not change the principal
character or external appearance of the principal building;
(c) an approved development permit will remain in effect, provided the intensity of use does
not increase and all requirements of the development permit have been satisfied;
(d) a development permit does not exempt compliance with health regulations or any other
provincial and municipal requirements;
(e) employees working in the business shall be limited to the residents of the dwelling unit;
(f)
the accommodation shall be limited to a maximum of two guest rooms and a maximum of
four guests in addition to the permanent residents;
(g) a development permit is based solely on the location of use. If a permit holder relocates
within the municipality, the person must apply for a development permit to continue the
use from the new location;
(h) accommodation for each group of guests shall be for a maximum of 14 consecutive days;
(i)
guest rooms shall not be permitted to contain cooking or kitchen facilities;
(j)
meals may be provided to registered guests only and meals for guests shall be prepared in
the common kitchen of the principal residence;
(k) one off-street parking space is required for each guest room in addition to the off-street
parking requirements for the dwelling;
(l)
the applicant shall be responsible for compliance with the Alberta Health "Bed and
Breakfast" Health Standards and Guidelines and the Alberta Building Code requirements
for Bed and Breakfast accommodations;
(m) the issuance of a development permit in no way exempts the applicant from obtaining any
other Provincial approvals that may be required.
27. CAR AND TRUCK WASH FACILITIES
(1) All washing facilities shall occur within an enclosed building with at least two bay doors.
PART 4 | 16
Town of Picture Butte Land Use Bylaw No. 841-15
(2) Vacuuming facilities may be outside the building but shall not be in the front yard and shall not
be closer than 15.24 metres (50 ft.) from the boundary of any residential land use district.
(3) The building shall be located a minimum of 30.48 metres (100 ft.) from the boundary of any
residential land use district.
(4) All off-street parking areas shall be hard-surfaced and dust-free.
(5) Any lights used to illuminate the area shall be directed away from adjacent residential
properties.
(6) A permanent screening fence or wall not less than 1.83 metres (6 ft.) in height shall be
constructed along any site property line which abuts a residential land use district.
(7) For parking and stacking requirements, refer to Part 4, A. General Use Provisions.
(8) A development permit approval for a car or truck wash may be denied, if in the opinion of the
Development Authority, there is not sufficient water or sewer service or capacity for the
development.
(9) All washing facilities, both new and those being renovated, will be required to provide an oil
separator package or device, to the satisfaction and standards as stipulated by the municipality.
This shall be a condition of any development permit approval.
(10) No consideration shall be given to allowing truck or trailer wash-out (clean-out) use as a part of
an approved car or truck wash facility, or on its own, as part of any approval.
28. DAY CARE (BOTH CHILD AND ADULT CARE FACILITIES)
All day care (child or adult) facilities may be approved subject to the following conditions and
requirements:
(1) If determined necessary by the Municipal Planning Commission, the applicant for a day care
(child or adult) facility may be required to meet and consult with all adjacent land owners in the
vicinity of where the use is proposed.
(2) In any residential district, no exterior alterations shall be undertaken to a dwelling or former
dwelling which would be inconsistent with the residential character of the building or property.
(3) Signage for day/child or adult care facilities must comply with the following:
(a) a maximum of one sign;
(b) sign must be no greater than 0.74 m2 (8 sq. ft.) in size; and
(c) sign must be located in the buildings window in a residential land use district.
(d) In a residential land use district a request for more than one sign or a sign greater than
0.74 m2 (8 sq. ft.) requires a separate development permit application. In a commercial or
industrial land use district, one exterior building sign may be permitted in addition to a
window sign.
(4) Site lighting must be designed not to "flood or spill" into adjacent property.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 17
(5) The site must allow for secure storage and pick up of garbage and recycling material located
away from public areas.
(6) The use shall not generate traffic problems within the district.
(7) The use requires a minimum of one on-site pick-up and drop-off space for every 15
children/clients and the location of passenger loading zones for day care facilities may be
specified by a condition of a development permit.
(8) On-site parking for employees is as required at the discretion of the Municipal Planning
Commission.
(9) On-site parking should be separated from pedestrian traffic and outdoor areas for children.
(10) A day (child) care facility/site catering to children must have screening for any outdoor play areas
to the satisfaction of the Municipal Planning Commission.
(11) All applications for day care facilities shall, as a condition of approval, obtain the necessary
approvals required from regulatory agencies. All child care facilities must be licensed and
operate in accordance with the provincial Child Care Licensing Act.
(12) It is highly encouraged that day (child) care facilities have some sort of secure, outdoor or active
play area space available for children on the parcel, which may be stipulated as conditions on a
development permit approval.
(13) In considering the suitability of a building or site for a discretionary child care use, the Municipal
Planning Commission may consider the appropriateness of location for child care with regard
for the proximity to required services, parks, neighbourhood characteristics, traffic issues or
congestion in the neighbourhood, and if the size is adequate to meet program requirements,
including outdoor space, parking, and the drop-off zone.
29. DAY HOME
(1) The operation of a day home does require a development permit.
(2) A day home shall have no more than six clients a day.
(3) A day home shall not be located within a dwelling containing another Home Occupation.
(4) Signage for day home facilities must comply with the following:
(a) a maximum of one sign;
(b) sign must be no greater than 0.74 m2 (8 sq. ft.) in size; and
(c) sign must be located in the buildings window.
(5) Notwithstanding that a development permit may not be required; all day homes must comply
with provincial requirements and regulations.
30. GROUP CARE OR GROUP HOME FACILITY
(1) The applicant is required as part of the development permit application, to provide information
on the following:
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Town of Picture Butte Land Use Bylaw No. 841-15
(a) the type of client served,
(b) the number of clients accommodated,
(c) the number of staff employed, and
(d) the submission of a plan that describes how communication with neighbours will be carried
out and how neighbourhood compatibility problems are to be resolved.
(2) All group home facilities that may be approved are subject to the following conditions and
requirements:
(a) If determined necessary by the Development Authority, the applicant for a group home
facility shall be required to meet and consult with all adjacent land owners in the vicinity of
where the use is proposed.
(b) The total occupancy by clients and staff shall be specified for each development by
condition of a development permit. The total number of clients shall not exceed more than
two per bedroom in a residential District.
(c) The Development Authority may establish the maximum number of residents allowed in a
group care or group home facility on a case specific basis with attention given to the District
in which the use is located and the type of facility seeking approval.
(d) In any residential district, no exterior alterations shall be undertaken to a dwelling or
former dwelling which would be inconsistent with the residential character of the building
or property.
(e) If the group care or home facility is operating within a dwelling, the dwelling must be
located on a street with a rear lane, and is not permitted to be located within cul-de-sacs
or lane-less streets.
(f)
The use of accessory buildings, structures or uses not associated with the principal
residential dwelling are not permitted on the property.
(g) Site lighting must be designed not to "flood or spill" into adjacent property.
(h) The site must allow for secure storage and pick up of garbage and recycling material located
away from public areas.
(i)
The use shall not generate traffic problems within the district.
(j)
On-site parking is required in accordance with Part 4, Section 20(10).
(k) Signage for group home facilities must comply with the following:
(i)
a maximum of one sign,
(ii) sign must be no greater than 0.74 m2 (8 sq. ft.) in size, and
(iii) sign must be located in the buildings window.
(l)
All applications for group home facilities shall, as a condition of approval, obtain the
necessary approvals required from regulatory agencies and the group home shall comply
with provincial standards.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 19
31. HOME OCCUPATIONS
Intent
The intent of this section is to provide regulations respecting home occupation in accordance with
the following objectives:
(a) to protect residential areas and districts from incompatible non-residential land uses;
(b) to ensure that commercial and industrial uses are located in appropriate commercial or
industrial districts;
(c) to facilitate, where appropriate, the establishment of suitable home occupations as a means to
foster small-scale business, while ensuring such businesses are relocated to suitable commercial
or industrial districts when they become incompatible with a residential area or become
unsuitable as a home occupation.
Home occupations may be approved under the following classifications:
Home Occupation A - a home-based occupation that involves the establishment of a small-scale
business incidental to the primary use of the residence and which does not involve:
(a) outdoor storage and/or display of goods;
(b) non-resident employees; and/or
(c) customer/client visits to the residence.
Home Occupation B - a home-based occupation involving the establishment of a small-scale
business incidental to the primary use of the residence that does not meet the criteria for a
Home Occupation A and which may involve:
(a) the use of an accessory building;
(b) outdoor storage and/or display of goods within the residence or accessory building;
(c) one non-resident employee; and/or
(d) customer visits.
General Standards
The following standards apply to Home Occupations A and B:
(1) The business operator must be a full-time resident of the home.
(2) No variation in the residential character and appearance of the dwelling, accessory building, or
land shall be permitted.
(3) The use shall not generate more vehicular or pedestrian traffic and vehicular parking than
normal within the district.
(4) No commercial vehicles of an overall length that exceeds 6.7 metres (22 ft.) or tandem trucks
shall be parked or maintained on a public road right-of-way or lane.
(5) No offensive noise, vibration, electrical interference, smoke, dust, odours, heat or glare shall be
produced by the use.
PART 4 | 20
Town of Picture Butte Land Use Bylaw No. 841-15
(6) No use shall cause an increase in the demand placed on any one or more utilities (water, sewer,
garbage, etc.) such that the combined total consumption for a dwelling and its home occupation
exceed the normal demand for residences in the area.
(7) No use requiring electrical or mechanical equipment shall cause a fire rating change in the
structure or the district in which the home occupation is located.
(8) All permits issued for home occupations shall be subject to the conditions that the permit may
be revoked at any time, if, in the opinion of the Development Authority, the use is or has become
detrimental to the residential character or the amenities of the neighbourhood.
(9) Home occupations shall not include:
(a) activities that use or store hazardous materials;
(b) any use that would, in the opinion of the Development Authority, materially interfere with
or affect the use, enjoyment or value of neighbouring properties;
(c) any use declared by resolution of Council to be undesirable as a home occupation.
(10) Only one home occupation shall be permitted per dwelling or as otherwise approved by the
Development Authority.
(11) All permits issued for home occupations shall obtain a yearly business license from the town.
The development permit is only valid as long as an issued and valid municipal business license
has been approved.
(12) Home Occupation Signage
Signage advertising a Home Occupation A shall:
(a) be limited to one sign located in the buildings window of an approved home occupation
use, up to a maximum of not more than 50 percent coverage of the surface area of the
window or 0.74 m2 (8 sq. ft.) in size, whichever is the lesser.
Signage advertising a Home Occupation B shall:
(b) be limited to one of the following signs: a fascia sign, shingle type projecting sign or window
sign, on the premises of an approved home occupation use;
(c) not exceed 0.4 m2 (4 sq. ft.) in area; or
(d) not cover more than 50 percent of the surface area of the window or 0.74 m2 (8 sq. ft.) in
size, whichever is the lesser; and
(e) shall be as approved by the Municipal Planning Commission.
(13) The development permit for the use shall be valid only for the period of time the property is
occupied by the applicant for such approved use.
Home Occupation B Standards
In addition to the general standards, the following standards shall apply to Home Occupation B
permits:
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 21
(14) A maximum of one non-resident employee is allowed. For the purposes of this provision, a non-
resident employee is someone who does not live at the home.
(15) Outdoor storage shall be screened from adjacent properties and the public view.
(16) Customer and employee parking, in addition to the parking requirements for residential use,
may be required.
(17) The number of customer visits and hours of operation may be limited by the Development
Authority to minimize impacts on surrounding residential uses.
(18) The home occupation shall not be permitted if, in the opinion of the Development Authority,
the use would be more appropriately located within a commercial or industrial district.
32. MANUFACTURED DWELLINGS
Single-detached dwelling Manufactured home 1 means a dwelling unit or portions of a dwelling unit that is
built in a factory or portions of dwelling units that are built in a factory or location other than on the lot intended
for occupancy. Single-detached manufactured homes include the following: manufactured, modular, and
prefabricated. A new factory built structure that is manufactured
in accordance with CSA and the Alberta Building Code, is
transportable in one or more sections, and is used as a place for
human habitation; but which is not constructed with a permanent
hitch, chassis or other device allowing transport of the unit other
than for the purpose of delivery to a permanent site. This
definition does not include ready-to-move, manufactured home 2
(as defined in this Bylaw), park model recreational units, park
model trailers or travel trailers. See Part 6 for all Definitions.
ELIGIBLE - Manufactured Home 1:
-
New factory-built units within the past year of application for a permit and not previously
occupied. In appearance, a Manufactured Home 1 shall generally resemble conventional
site-built (stick-built) constructed homes.
-
Must be current Canadian Standards Association (CSA) certified units and built to the Alberta
Building Code.
-
This category includes the terms or types of manufactured, modular, and prefabricated
homes that conform to the bylaw standards.
Manufactured Home 1 Standards
(1) The development permit conditions for single-detached dwelling Manufactured Home 1 shall
generally correspond with typical conditions for a single-detached dwelling, site built.
(2) The minimum roof pitch shall not be less than a 4/12 pitch.
(3) The minimum floor area of the principal dwelling shall be as stipulated by the applicable land
use district.
(4) The dwelling shall be a minimum 7.32 metres ( 24 ft.) in width.
PART 4 | 22
Town of Picture Butte Land Use Bylaw No. 841-15
(5) Every entrance/exit into a manufactured home must be furnished with a landing and/or set of
stairs.
(6) A set of professional building plans illustrating the exterior design, floor plan, elevations, and
foundation type of the home must accompany any development permit application.
(7) Manufactured dwellings shall be placed on a conventional, permanent concrete foundation
(either a basement foundation or slab-on-grade), unless otherwise approved by the
Development Authority (timber supports or concrete block are not acceptable).
(8) The design, character and appearance of the home shall be consistent with the intent of the
land use district.
(9) The Development Authority may impose conditions regulating the exterior finish and roofline to
ensure compatibility of housing types within the land use district.
(10) As a condition of approval the Development Authority, at their discretion, may place other
conditions on a development permit including the requirement that the developer provide
landscaping, fencing, address drainage issues, or other such matters it considers necessary if, in
the opinion of the Development Authority, they would serve to improve the quality or
compatibility of any proposed development.
(11) The Development Authority may require a bond or irrevocable letter of credit of a minimum of
$3,000.00 to a maximum value of up to 50 percent of the assessed value of the building to
ensure the conditions of the development permit for a principal building are met.
(12) Return of the posted bond or irrevocable letter of credit is contingent on the Designated Officer
or Development Authority verifying the completion of all the conditions of this schedule, posting
of the house number and the development permit.
(13) The building, when completed, shall meet provincial building requirements.
(14) A limit of the time of completion and full compliance with all stipulated requirements shall be
established by the Development Authority at the time of the approval of the application.
Notes:
The suggested time limit for completion is 120 days from the date of permit approval. Completion shall include,
but not be limited to: hook-up of all utilities, completion of landscaping improvements and grading and any
necessary skirting of the dwelling.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 23
Single-detached dwelling Manufactured home 2 means a
manufactured home that has been either previously occupied, is
new or does not meet the definition or standards of
Manufactured home 1. These are commonly or have previously
been referred to as "Mobile homes" and may consist of "Double-
wide", which means a manufactured home consisting of two
sections, moved separately, that are joined together into one
integrated dwelling unit on site, or "Single-wide" which means a
manufactured home designed to stand alone as a single dwelling
unit.
This definition does not include ready-to-move, manufactured home 1 (as defined in this Bylaw), park model
recreational units, park model trailers or travel trailers. See Part 6 for all Definitions.
ELIGIBLE - Manufactured Home 2:
-
New and used factory-built units, not older than 10 years, in a state of good condition as
determined by the Development Authority (note: previously referred to as mobile homes).
-
Current Canadian Standards Association (CSA) certified units.
-
A manufactured home 2 shall be in a state of good condition or repair as may be determined
by the Development Officer or the Municipal Planning Commission.
-
Any application for a development permit to locate a used manufactured home shall include
recent colour photographs of all elevations (i.e. front, side and rear views) including
additions.
Manufactured Home 2 Standards
(15) Every entrance/exit into a manufactured home 2 must be furnished with a landing and/or set of
stairs.
(16) The minimum floor area of the principal dwelling shall be as stipulated by the applicable land
use district.
(17) Every entrance/exit into a manufactured home 2 must be furnished with a landing and/or set of
stair.
(18) Foundations may include continuous concrete, timber supports, or concrete block.
(19) Colour photographs or plan elevations illustrating the exterior of the dwelling and a set of
professional building plans illustrating the exterior design, floor plan, elevations, and foundation
type of the home must accompany any development permit for a manufactured home 2
dwelling.
(20) The design, character and appearance of the home shall be consistent with the intent of the
land use district.
(21) The Development Authority may impose conditions regulating the exterior finish and roofline to
ensure compatibility of housing types within the land use district.
(22) As a condition of approval the Development Authority, at their discretion, may place other
conditions on a development permit including the requirement that the developer provide
landscaping, fencing, address drainage issues, or other such matters it considers necessary if, in
PART 4 | 24
Town of Picture Butte Land Use Bylaw No. 841-15
the opinion of the Development Authority, they would serve to improve the quality or
compatibility of any proposed development.
(23) The Development Authority may require a bond or irrevocable letter of credit of a minimum of
$5,000.00 to a maximum value of up to 50 percent of the assessed value of the building to
ensure the conditions of the development permit for a principal building are met.
(24) Return of the posted bond or irrevocable letter of credit is contingent on the Designated Officer
or Development Authority verifying the completion of all the conditions of this schedule, posting
of the house number and the development permit.
(25) The building, when completed, shall meet or exceed provincial building requirements.
(26) A limit of the time of completion and full compliance with all stipulated requirements shall be
established by the Development Authority at the time of the approval of the application.
Manufactured Home 2 Additions
(27) Any addition to a manufactured home 2 shall be of a design and finish which will complement
the mobile home unit.
(28) Additions shall be located to the rear or side of the manufactured home 2 unit only.
(29) Additions shall not exceed 20 percent of manufactured home 2 units.
Notes:
The suggested time limit for completion is 120 days from the date of permit approval. Completion shall include,
but not be limited to: hook-up of all utilities, completion of landscaping improvements and grading and any
necessary skirting of the dwelling.
33. READY-TO-MOVE DWELLINGS (NEW)
Ready-to-move dwelling means a dwelling that is a conventional
stick framed home previously unoccupied that is constructed at a
location other than on the lot intended for occupancy, and then is
later moved to the site. Refer to Part 6, Definitions.
ELIGIBLE - Eligible Ready-to-move Dwellings:
-
New stick framed (conventional) dwelling units built off-site within the past year of
application for a permit and/or not previously occupied.
-
Dwelling must be built to the Alberta Building Code.
Standards
(1) Conditions for a single-detached ready-to-move dwelling shall generally correspond with typical
conditions for a single-detached dwelling, site built.
(2) The standards and conditions as outlined for Manufactured Home 1 shall also apply to ready-to-
move dwellings.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 25
34. MOVED-IN DWELLINGS AND BUILDINGS
MOVED-IN BUILDING means a previously used or existing building, which is removed from a site, and then
transported and re-established on another site.
MOVED-IN DWELLING means a previously existing, established and occupied dwelling, which is removed from
one site and then transported and re-established on another site. For the purposes of this Bylaw this does not
include modular dwellings, manufactured homes, prefabricated dwellings, ready-to-move dwellings or park
model recreational units, park model trailers or travel trailers. Refer to Part 6, Definitions.
The intent of this section is to ensure that moved-in buildings, through the adherence to building
conditions and regulations, do not create a land use conflict and are in an acceptable state condition.
Standards
All moved-in dwellings or buildings shall comply with the following:
(1) Every application to relocate a building shall be accompanied by:
(a) details of the purpose for which it is to be used;
(b) details of the building's size, age and structural condition;
(c) a minimum of four recent colour photographs showing all sides of the building;
(d) a plan of the proposed site showing the future location of the building.
(2) A report from a qualified building inspector or engineer that the building meets, or can be readily
renovated to meet or exceed Alberta Uniform Building Standards regarding each application
shall be filed before any such application will be considered.
(3) The building and the land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular land use district set out in this Land Use Bylaw.
(4) The building, when completed, shall meet all requirements of the Alberta Uniform Building
Standards Act.
(5) The value of the completed building shall be comparable to, or better than the average value of
the other buildings in the immediate area and on upgrading standards to which the building
shall comply shall be established by the Municipal Planning Commission at the time of approval
of the application and form a part of the conditions of the development permit.
(6) For a moved-in dwelling, the following standards or conditions shall also apply:
(a) the Development Authority may impose conditions regulating the exterior finish and
roofline to ensure compatibility of housing types within the land use district;
(b) a moved-in dwelling shall be placed on a conventional, permanent concrete foundation
(either a basement foundation or slab-on-grade), unless otherwise approved by the
Development Authority (timber supports or concrete block are not acceptable);
(c) any portion of a concrete block foundation above grade shall be parged unless otherwise
finished with another approved material;
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Town of Picture Butte Land Use Bylaw No. 841-15
(d) the maximum height of the exposed portion of a concrete block foundation shall be not
more than 0.91 metres (3 ft.) above the average finished grade level of the surrounding
ground;
(e) the design, character and appearance of the home shall be consistent with the intent of the
land use district.
(7) For moved-in buildings, the Municipal Planning Commission may impose conditions regulating
the exterior finish and roofline to ensure compatibility to other uses within the land use district.
(8) The building shall comply with all provincial health and fire regulations and with all applicable
municipal bylaws.
(9) The Municipal Planning Commission may request that security (e.g. bond, cash, an irrevocable
letter of credit) at a minimum of $5,000.00 or up to 50 percent of the estimated value of the
structure be posted and may set the amount of the bond and the conditions of its return before
issuing a development permit.
(10) A final inspection by the building inspector and/or Development Officer shall be made to
establish full compliance with all requirements.
(11) Return of the posted bond or irrevocable letter of credit is contingent on the Designated Officer
or Development Authority verifying the completion of all the conditions of this schedule, posting
of the house number and the development permit.
(12) If applicable and requested, a copy of the occupancy permit shall be submitted to the Town
office prior to occupancy.
(13) Any cost incurred for building inspections prior to the issuance of a development permit shall
be at the expense of the applicant.
(14) A limit for the time of completion and full compliance with all stipulated requirements shall be
established by the Municipal Planning Commission at the time of the approval of the application.
Notes:
The suggested time limit for completion is 120 days from the date of permit approval. Completion shall include,
but not be limited to: hook-up of all utilities, completion of landscaping improvements and grading and any
necessary skirting of the dwelling.
35. PORTABLE GARAGES AND COVERED STORAGE STRUCTURES
(1) All portable garages (fabric buildings) and storage structures shall
require a development permit.
(2) Portable garages (fabric buildings) and storage structures are to be
considered as permanent accessory buildings or structures and
must meet the required setbacks, maximum height, maximum site
coverage and other applicable standards of the bylaw.
Development permit applications involving fabric buildings shall be considered with regard to
the following:
(a) Permit applications will be processed in accordance with the use proposed, which must
meet or be similar to the applicable land use district permitted or discretionary uses listed.
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PART 4 | 27
(b) Portable garages (fabric buildings) and storage structures are considered as accessory
buildings or structures and are not to be located:
(i)
in the front or side yard in any residential land use district, and
(ii) shall not be located in the front yard within all other districts.
(c) A portable garage (fabric building) and storage structure shall not be located within the
required setback from a public road or on an easement.
(d) A portable garage (fabric building) and storage structure shall be setback a minimum 1.22
metres (4 ft.) from the principal dwelling and from all other structures on the same lot.
(e) All buildings or structures must be securely tethered and anchored to the ground in
accordance with provincial Safety Code requirements. Additionally, all fabric covers must
be securely tethered to the structures' frame.
(f)
As a condition of a development permit approval, the Development Authority may stipulate
specific requirements for the type of fastening or tie-down system and fabric material
colour to be applied to the accessory building or structure.
(g) The Development Authority may limit the permit duration of any of these garages or
structures. In such a case, theses structures would then be categorized as temporary.
36. PRIVATE SWIMMING POOLS
(1) Private swimming pools shall be classified as an accessory
structure.
(2) Any private swimming pool with a design depth greater than 0.6
metre (2 ft.) shall be constructed and fenced in accordance with
Safety Codes requirements.
(3) Temporary above ground swimming pools and above ground hot
tubs do not require a development permit, but must meet minimum setbacks for accessory
structures.
(4) Construction of an in-ground swimming pool and swimming pools that are attached to or
enclosed by a deck require a development permit and are subject to the following additional
standards:
(a) placement of a swimming pool shall be limited to the side and rear yard only;
(b) swimming pools are subject to the setback requirements for accessory structures in the
applicable land use district;
(c) permanent swimming pools are subject to the maximum lot coverage requirements for
accessory structures in the applicable land use district.
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Town of Picture Butte Land Use Bylaw No. 841-15
37. SATELLITE OR COMMUNICATION ANTENNAS/DISH OF GREATER THAN 0.9 METRE (3 FT.) IN
DIAMETER
(1) A satellite dish or communication antenna shall only be located in a
rear yard or a side yard which does not abut on a street.
(2) On an interior lot, a satellite dish antenna shall be situated so that
no part of it is closer than 0.9 metre (3 ft.) from the side boundaries
of the parcel not abutting a street.
(3) On a corner parcel, a satellite dish antenna shall be situated so that
no part of it is closer to the street than the main building or closer
than 0.9 metre (3 ft.) from any boundary of the parcel.
(4) Where any part of a satellite dish antenna is more than 3.0 metres (10 ft.) above grade level, or
when it is located other than described in Section 37(1) above, it shall be both screened and
located to the satisfaction of the Municipal Planning Commission or Development Officer.
(5) No advertising shall be allowed on a satellite dish antenna.
(6) The illumination of a satellite dish antenna is prohibited.
38. SECONDARY SUITES
Secondary suite means an accessory development consisting of a
second self-contained living unit located within a single-detached
home, where both dwelling units are registered under the same land
title.
(1) Only one secondary suite may be developed in
conjunction with a principal single-detached dwelling.
(2) A secondary suite shall be located in a principal dwelling
unit or above a detached garage in accordance with the
standards.
(3) Development of a secondary suite shall adhere to the Alberta Building Code and Alberta Fire
Code as a condition of approval.
(4) A secondary suite in a principal dwelling shall only be allowed in the R-1 land use district and
shall be regulated in accordance with the standards specified in the applicable district. (Refer
to R-1 land use district).
39. SERVICE STATIONS AND GAS BARS
The following regulations apply:
Site Area (Minimum)
(1) Site Area (Minimum):
(a) Gas Bar: 1,200 m2 (12,917 sq. ft.)
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(b) Service Station: 1,500 m2 (16,146 sq. ft.)
(c) Gas Bar or Service Station including Car Wash: 2,700 m2 (29,063 sq. ft.)
(d) Where a service station or gas bar forms part of a shopping centre, the area containing the
service station or gas bar buildings and pump areas: 1,000 m2 (10,764 sq. ft.)
(e) Where a service station or gas bar is combined with a convenience store: 1,200 m2 (12,917
sq. ft.)
(f)
Bulk Fuel Station: 2,700 m2 (29,063 sq. ft.)
Setback of Buildings and Structures
(2) The Provincial Plumbing and Gas Safety Services Branch shall approve the proposed location(s)
and design of all fuel storage tanks prior to application for a development permit.
(3) The location and installation of the fuel tanks shall be in accordance with the Fire Protection Act
and Alberta Environment.
The following setbacks shall apply unless otherwise permitted by provincial regulatory authorities:
(4) Fuel storage tanks shall have the following setbacks from any property lines, abutting masonry
building walls, drainage basins and ditches:
Total Tank Capacity Setback
Up to 7,500 litres
- 3.0 m (10 ft.)
7,501 to 19,000 litres
- 5.0 m (16 ft.)
19,001 to 38,000 litres
- 7.6 m (25 ft.)
Over 38,000 litres
- 10.5 m (35 ft.)
(5)
The minimum front yard shall be 12.19 metres (40 ft.) and no gasoline pumps shall be located
closer than 6.10 metres (20 ft.) from the front property line.
(6)
The side and rear yard shall be 6.10 metres (20 ft.) with no intervening pumps or accessories.
(7)
Yard setbacks shall apply to all above ground structures, including gas pump canopies.
(8)
Maximum site coverage shall be 30 percent.
Site and Building Requirements
(9)
All parts of the site to which vehicles may have access shall be hard-surfaced if the property is
accessed from a paved public road or lane, and drained to the satisfaction of the Development
Authority.
(10) A minimum of 10 percent of the site area of a gas bar and service station under this section
shall be landscaped to the satisfaction of the Development Authority.
(11) The removal of tanks requires a demolition permit from the Development Authority.
(12) The exits and entrances to the station site shall be clearly marked by curb cuts, painted
markings, concrete abutments or any other means satisfactory to the Development Authority.
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Town of Picture Butte Land Use Bylaw No. 841-15
(13) An appropriate chain link fence not less than 0.91 metres (3 ft.) high may be required around
the property to catch debris and trash.
(14) The stacking or queuing lanes must be in accordance with Part 4, Section 20(23).
(15) All automotive or service stations, both new and those being renovated, will be required to
provide an oil separator package or device, to the satisfaction and standards as stipulated by
the municipality. This shall be a condition of any development permit approval.
40. SHIPPING CONTAINERS (OR C-CONTAINERS, SEA-CONTAINERS)
(1) Shipping containers shall only be allowed in land use districts where
listed as a permitted or discretionary use in the applicable land use
district. Shipping containers are prohibited in all other districts.
(2) Any shipping container shall be subject to the following general
standards:
(a) An application for a development permit for a proposed shipping container must be
completed and submitted to the Development Officer accompanied by the applicable
application fee and a minimum of two recent colour photographs of each container (one
end view and one side view).
(b) There shall be a legal primary use on the property where the shipping container is proposed.
(c) Shipping containers are permitted to be used for storage only and shall not be used as a
building or a construction material.
(d) The Development Authority may regulate the maximum number of shipping containers
permitted on a lot.
(e) The Development Authority may regulate the maximum height of shipping containers.
(f) The Development Authority may require as a condition of approval that a shipping
container(s) be screened from view or landscaped to make it aesthetically pleasing.
(g) The Development Authority may require as a condition of approval that any shipping
container be sandblasted and/or painted a neutral or complementary colour to match the
existing building(s) on the property.
(h) The Development Authority may require as a condition of approval that the exterior of the
shipping container be kept clean and regularly painted in a neutral or complementary
colour to match the existing building(s) on the property.
(i) The Development Authority may regulate the time period for which a development permit
for a shipping container(s) is valid through the issuance of a temporary permit.
(j) Removal of the shipping container(s) at the expiration of the permit shall be at the expense
of the applicant and/or landowner. The Development Authority may require as a condition
of approval the posting of a bond or a security guaranteeing the removal of the container
and/or compliance with the conditions of the permit.
(3) A permanent shipping container is subject to the following additional provisions:
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 31
(a) the maximum lot coverage and setback requirements for accessory structures in the
applicable land use district;
(b) the shipping container may only be permitted in the secondary front, rear, or side yard;
(c) the shipping container shall not display advertising, company logos, names or other
marketing without an approved sign permit.
(4) A shipping container (c-container or sea container) placed temporarily on a property in the case
of an emergency to temporarily accommodate the storage of goods where a dwelling or building
has been damaged in a fire or flood in conjunction with salvation and renovation work being
done to a building, does not need a development permit (refer to Part 3) subject to the following
provisions:
(a) Temporary shipping containers associated with situations of fire or flood remediation do
not need a development permit if the time period does not exceed 6-months. If additional
time is required beyond the 6-months a development permit application must be applied
for and approved by the Municipal Planning Commission.
(b) Temporary shipping containers for fire or flood remediation without a development permit
being required may only be placed on a property in any land use district where it is listed
as a permitted use;
(c) only one Temporary shipping container shall be placed on a property in any land use district
at any one time unless otherwise authorized by the Development Authority;
(d) the shipping container associated with situations of fire or flood remediation shall be
removed as soon as possible, but for a period not to exceed 14 days, upon completion of
remediation work or construction as may be required by the Development Authority;
(e) the shipping container shall be sited entirely on the property and shall not encroach over
property lines or municipal streets, lanes or sidewalks.
(5) A shipping (intermodal) container needed for the temporary storage of goods related to interior
renovations that are not associated with a situation where a building has been damaged in a fire
or flood, or is placed temporarily on a construction site for the period of construction, do require
a development permit and are subject to the following provisions and standards:
(a) a temporary shipping container may only be placed on a property in any land use district
where it is listed as a permitted use;
(b) the applicant must apply for and be approved for a development permit for a temporary
use of a shipping container where it is to temporarily accommodate the storage of goods
or materials;
(c) the Development Officer is authorized to issue a development permit for a permitted use
with a maximum time period not to exceed 6-months. If additional time is required beyond
the 6-months, a development permit application must be applied for and approved by the
Municipal Planning Commission (MPC). The MPC shall stipulate the maximum time period
it approves the temporary shipping container to be placed on the property beyond 6-
months;
(d) the construction site must be active (i.e., construction has commenced, is on-going, or is
about to commence within one week), as the placement of a temporary shipping container
on an inactive construction site is prohibited;
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Town of Picture Butte Land Use Bylaw No. 841-15
(e) the shipping container shall be removed within 21 days upon completion of construction or
sooner as it may be required by the Development Authority;
(f) setbacks for a temporary shipping container shall be as required by the Development
Authority and the container shall be located such that it does not encroach over property
lines or into municipal streets, lanes or sidewalks;
(g) no advertising, other than the logo, name or information of the shipping (intermodal)
container or business supplying the container, is permitted to be displaced on the
temporary shipping container;
(h) the Development Officer or Municipal Planning Commission may require at their discretion
the provision of a security deposit by the applicant, to ensure the conditions of the
development permit are met including the removal of the container at the end of the
allowed time period.
41. SOLAR COLLECTOR
(1) A solar collector attached to a wall or roof of a building may be permitted in any land use district
as an accessory structure subject to the following:
(a) A solar collector mounted on a roof:
(i)
may project a maximum of 1.2 metres (4 ft.) from the surface of the roof and shall not
exceed the maximum height requirements of the applicable land use district; and
(ii) must not extend beyond the outermost edge of the roof.
(b) A solar collector mounted to a wall:
(i)
must be located such that it does not create undue glare on neighbouring property or
public roadways;
(ii) must be located a minimum of 2.3 metres (7.5 ft.) above grade;
(iii) may project a maximum of 1.5 metres (5 ft.). from the surface of the wall, when the
wall faces the rear property line, subject to the setback requirements of the applicable
land use district; and
(iv) may project a maximum of 0.6 metre (2 ft.) from the surface of the wall when the wall
faces the front, secondary front or side property line, subject to the setback
requirements of the applicable land use district.
(2) A free-standing solar collector or a solar collector mounted to any structure other than a roof or
wall of a building shall be classified as an accessory use and processed subject to the applicable
land use district and the following additional standards:
(a) must be located such that it does not create undue glare on neighbouring property or public
roadways; and
(b) must not exceed 1.83 metres (6 ft.) in height above existing grade.
42. SMALL WIND ENERGY SYSTEMS
Definitions
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PART 4 | 33
The following definitions apply to this section:
Blade means an element of a wind energy system rotor, which acts as a single airfoil, thereby
extracting kinetic energy directly from the wind.
Blade clearance means, in reference to a horizontal axis rotor, the distance from grade to the
bottom of the rotor's arc.
Rotor's arc means the largest circumferential path travelled by a blade.
Small Wind Energy System (SWES) means a wind energy conversion system consisting of a wind
turbine (rotor and blades), a tower, and associated control or conversion electronics, which has
a rated capacity that does not exceed the allowable rated capacity of 3 kW and which will be
used primarily to reduce onsite consumption of utility power and is CSA approved.
Total height means the height from grade to the highest vertical extension of a SWES. In the
case of a SWES with a horizontal axis rotor, total height includes the distance from grade to the
top of the tower, plus the distance from the top of the tower to the highest point of the rotor's
arc.
Tower means the structure which supports the rotor above grade.
Permit Requirements
Small Wind Energy Systems shall require a development permit depending on their location, as
provided in the regulations for the land use districts in which they are allowed.
Type A Small Wind Energy System: This use is defined as a Small Wind Energy System that is
roof mounted any may include a turbine or blade system.
Type B Small Wind Energy System: This use is defined as a Small Wind Energy System that is
either roof mounted or has a tower which does not exceed 12.2 metres (40 ft.) in height.
Type C Small Wind Energy System: This use is defined as a Small Wind Energy System that has
a tower which is greater than 12.2 metres (40 ft.) in height but does not exceed 24.4 metres (80
ft.) in height.
Information Requirements
(1) Applications for Small Wind Energy Systems shall include the following information where
applicable:
(a) all proposed Small Wind Energy Systems shall be commercially manufactured and
applications shall include the manufacturers make and model number.
(b) the manufacturer's specifications indicating:
(i)
the SWES rated output in kilowatts,
(ii) safety features and sound characteristics,
(iii) type of material used in tower, blade, and/or rotor construction;
(c) potential for electromagnetic interference;
(d) nature and function of over speed controls which are provided;
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Town of Picture Butte Land Use Bylaw No. 841-15
(e) specifications on the foundations and/or anchor design, including location and anchoring of
any guide wires;
(f) information demonstrating that the system will be used primarily to reduce on-site
consumption of electricity; and
(g) location of existing buildings or improvements.
Referrals
(2) Prior to making a decision on a development application for a Small Wind Energy System, the
Municipal Subdivision and Development Authority may refer and consider the input of the
following agencies and departments:
(a) Alberta Utilities Board,
(b) Transport Canada,
(c) NavCanada,
(d) any other federal or provincial agencies or departments deemed necessary.
Setbacks
(3) A Small Wind Energy System shall comply with all the setbacks that govern the principal use in
the district in which it is located.
(4) No part of the wind system structure, including guy wire anchors, may extend closer than 3.0
metres (10 ft.). to the property boundaries of the installation site.
Development Standards
(5) There shall be a limit of one Small Wind Energy System per parcel.
(6) The system's tower shall be set back a minimum distance equal to the height of the tower from
all parcel lines, and a minimum distance of 3.0 metres (10 ft.) from any other structure on the
parcel on which the system is located. On parcels 4.0 ha (10 acres) or more, the parcel line
setback may be reduced if the applicant demonstrates that:
(a)
because of topography, strict adherence to the setback requirement would result in
greater visibility of the system's tower than a reduced setback; and
(b)
the system's tower is set back a minimum distance equal to the height of the tower from
any structure on adjoining parcels.
(7) The system's tower shall not exceed a maximum height of 12.2 metres (40 ft.) on a parcel of less
than 0.4 ha (1 acre), a maximum of 19.8 metres (65 ft.) on a parcel of 0.4 ha (1 acre) to less than
2.0 ha (5 acres), and maximum height of 24.4 metres (80 ft.) on a parcel 2.0 ha (5 acres) or more.
(8) The system's tower shall be located and screened by landforms, natural vegetation or other
means to minimize visual impacts on neighbouring residences and public roads, public trails and
other public areas.
(9) The system's tower and supporting structures shall be painted a single, neutral, non-reflective,
non-glossy (for example, earth-tones, grey, black) that, to the extent possible, visually blends
the system with the surrounding natural and built environments.
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PART 4 | 35
(10) The system shall be equipped with manual and automatic over speed controls. The
conformance of rotor and over speed control design and fabrication to good engineering
practices shall be certified by a licensed mechanical, structural or civil engineer.
(11) The system's tower-climbing apparatus and blade tips shall be no closer than 4.6 metres (15 ft.)
from ground level unless the system is enclosed by a 1.8-metre (6-ft.) high fence.
(12) The system's utility lines shall be underground where economically practical.
(13) The system shall be operated such that no electro-magnetic interference is caused.
(14) The system's maximum power shall not exceed 3 kW.
(15) The system shall be located in the rear or side yard.
(16) Small wind turbines shall not exceed 60 dB(A), or in excess of 5 dB(A) above the background
noise at the property line, whichever is greater. The level, however, may be exceeded during
short-term events including utility outages and severe windstorms.
(17) Brand names or advertising associated with the system or the system's installation shall not be
visible from any public place.
(18) Upon abandonment or termination of the system's use, the entire facility, including the system's
tower, turbine, supporting structures and all equipment, shall be removed and the site shall be
restored to its pre-construction condition.
Review of Permits
(19) Town Council may review the impacts of issuance of permits for Small Wind Energy Systems
after the issuance of 10 total SWES development permits, or 5 Type B & C towers, for this specific
use within the municipality. Approval of any such uses after this threshold must consider
cumulative and aesthetic impacts, and applications may be denied where it is considered to
negatively impact neighbouring properties.
43. TELECOMMUNICATION ANTENNA SITING PROTOCOLS
Telecommunication, radio communication and broadcast antenna systems are regulated by Industry
Canada. An applicant proposing to locate a telecommunication, radio communication or broadcast
antenna system within the Town, which does not meet the exclusion criteria in Appendix A shall be
subject to the Siting Protocol process as stipulated in Appendix A. The Telecommunication Antenna
Siting Protocol Application form and applicable fee must be submitted by the proponent to the
Development Authority who will determine if the municipality will grant a letter of concurrence or
non-concurrence.
See Appendix C - Telecommunication, Radiocommunication and Broadcasting Antenna Systems and
Supporting Structures (Antenna Systems) Siting Protocol.
44. CANNABIS PRODUCTION FACILITY
The requirements of this section apply to cannabis production facilities, as defined by the Land Use
Bylaw and are in addition to the federal regulations required by the Government of Canada's and the
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Town of Picture Butte Land Use Bylaw No. 841-15
federal Cannabis Act and Access to Cannabis for Medical Purposes Regulations (ACMPR), and any
other federal and provincial government regulation.
(1) The owner or applicant must provide as a condition of development permit approval a copy of
the current authorized licence by Health Canada for all activities associated for a Cannabis
Production Facility/plant (either a medical, recreational or combination thereof), as issued by
the federal government.
(2) The owner or applicant must obtain any other approval, permit, authorization, consent or
licence that may be required to ensure compliance with applicable federal, provincial or other
municipal legislation.
(3) The development must be done in a manner where all of the processes and functions are fully
enclosed within a stand-alone building including all loading stalls and docks, and garbage
containers and waste material.
(4) The development shall not operate in conjunction with another approved use.
(5) The development shall not include an outdoor area for storage of goods, materials or supplies.
(6) The development must include equipment designed and intended to remove odours and
particulates from the air where it is discharged from the building as part of a ventilation system.
(7) A Cannabis Production Facility shall not be located on a parcel of land that is adjacent to or
within 350 metres of a parcel used for a school, daycare or similar use associated with the caring
or congregation of children or minors.
(8) The Development Authority may require, as a condition of a development permit, a public utility
waste management plan, completed by a qualified professional that includes detail 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.
45. RETAIL CANNABIS STORE
Use Eligibility
(1) Retail Cannabis Store uses may only be permitted on a parcel of land designated as Direct
Control for that specific land use. The proponents of an application for a proposed Retail
Cannabis Store must apply to Town Council for a redesignation to the Direct Control land use
district.
(2) The Direct Control bylaw for a proposed Retail Cannabis Store shall reflect that Council has the
sole authority to make decisions on development permits for Retail Cannabis Stores.
(3) Council for the Town of Picture Butte will consider, amongst other matters, the following criteria
in making a determination of the suitability of a site or building for a Retail Cannabis Store.
Council, at their discretion acting in the role of Development Authority, shall apply any standards
or conditions they determine necessary which shall be applied to the issuance of any
development permit for the said use.
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PART 4 | 37
Direct Control Redesignation Requirements
(4) The applicant must submit details of the proposed store location and a detailed listing and site
plan of surrounding business and uses, both on adjacent (contiguous) parcels and those
identified as sensitive sites [as outlined in Section 45(6) below] within 200 m (drawn on a high
quality and clearly legible site plan with text descriptions).
(5) The Town of Picture Butte Council may require neighbourhood consultation to be conducted by
the applicant. If a public consultation process is requested, the applicant must then provide to
Council a description of when and what type of consultation was carried-out by the proponent
and a general summary of the public input provided on the proposal (and a complete description
of any objections or concerns raised).
(6) Council may take into account, amongst other matters, the following factors when making a
decision respecting an application to redesignate premises for a Retail Cannabis Store:
(a) the extent and nature of opposition from community members or groups to establishment
of a Retail Cannabis Store in a particular location; and
(b) the suitability of the site in relation to adjacent land uses or other uses in proximity (200 m
or less) to the proposed Retail Cannabis Store site.
(7) The applicant must demonstrate to Council's satisfaction how the site and proposal conforms
to the criteria as stipulated.
(8) Council may consider that a site for a Retail Cannabis Store shall not be approved for
redesignation or issued a development permit if the premises is located within a 200 metre
separation distance of:
(a) the boundary of a parcel of land on which a provincial health care facility is located; or
(b) the boundary of a parcel of land containing a school (public or private) facility; or
(c) the boundary of a parcel of land containing an approved child or daycare facility; or
(d) the boundary of a parcel of land that is designated as a school reserve or municipal and
school reserve under the MGA; or
(e) the boundary of a parcel of land containing a municipal park or playground facility, if the
land is not designated as a school reserve or municipal and school reserve under the MGA;
or
(f)
the boundary of the parcel of land of which contains a church, community centre, library
or recreation facility where persons under 18 years of age may attend or congregate.
(9) Additionally, a Retail Cannabis Store shall not be approved for a development permit if the
premises is located within the distance of (as measured wall to wall of the buildings):
(a) 100 metres of a building containing a separate Retail Cannabis Store that has been
approved (in the absence of any provincial set of rules regarding how closely the standalone
stores will be allowed to operate to one another, otherwise the provincial rules apply); and
(b) 50 metres of a building containing a licensed liquor store.
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Town of Picture Butte Land Use Bylaw No. 841-15
(10) The specified separation distances are reciprocal and also apply to those described sensitive
uses (e.g. school, child care facility, church, recreation facility, etc.) applying for development
permit locating in proximity of established Retail Cannabis Stores.
Development Permit Application Requirements
In addition to the development application requirements as stipulated in Section 25 of the
'Administration' section of the Land Use Bylaw, the following additional requirements for an
application for a development permit for a Retail Cannabis Store must also be provided when
requested by the Development Authority to present to Council to make a decision.
(11) If a redesignation to the Direct Control land use district is granted, the applicant is required to
apply to the Alberta Gaming and Liquor Commission (AGLC) for a determination of eligibility to
obtain a license, and submit verification of the AGLC eligibility as part of the development
application for a municipal development permit for a Retail Cannabis Store.
(12) All Retail Cannabis Stores approved for a development permit must obtain a Retail Cannabis
Store license from the AGLC and failure to secure an AGLC license will make the local
development permit approval null and void. Proof of provincial license (for a Retail Cannabis
Store) shall be required as a condition of a development permit approval.
Development Criteria and Standards
(13) In issuing a development permit for a Retail Cannabis Store, consideration will be given by
Council to the following criteria and applicable conditions:
(a) A Retail Cannabis Store must be a separate use from any other business activities (i.e. non-
Cannabis store) unless it is an activity or use expressly authorized by the AGLC.
(b) Maximum hours of operation, applicable to all approved Retail Cannabis Store operations,
shall be limited between 11:00 a.m. and 10:00 p.m. which will be placed as a condition on
a development permit approval, unless Council decides otherwise.
(c) All signage, including the contents, must comply with the Land Use Bylaw Part 5, Sign
Regulations, and municipal development permit approval is required. The
applicant/developer is also responsible to ensure any signage and its message contents
comply with all federal and provincial requirements, including AGLC policies.
(d) All parking requirements shall be provided in accordance with Part 4, Standards of
Development, Section 20 of the bylaw, and shall be deemed to be similar to other 'retail
and service commercial' uses for determining the number and size of the required parking
spaces.
(e) If an approved Retail Cannabis Store's existing AGLC license expires, the business must
provide verification to the municipality that a new license has been obtained within 12
months of the expiry date, otherwise, the use will be deemed to have been discontinued
and any development permit that may have been issued is no longer valid and said use may
not be recommenced until a new application for a development permit has been made and
a new development permit issued.
(f)
Council, acting as the Development Authority may, as a condition of approval on a
development permit, specify a time limit on the development permit in regards to its
validity, which may be considered a temporary use. At the time of expiry, the
Town of Picture Butte Land Use Bylaw No. 841-15
PART 4 | 39
applicant/developer must reapply to the municipality for a development permit approval
to continue the use.
(g) A developer/operator of a Retail Cannabis Store is responsible for meeting and adhering to
all provincial requirements for the physical security for the premises.
(h) The design and construction of a Retail Cannabis Store must meet all provincial building
code requirements.
PART 5
SIGN REGULATIONS
Town of Picture Butte Land Use Bylaw No. 841-15
PART 5 | 1
PART 5
SIGN REGULATIONS
This Part prescribes requirements for signs, and sign owner responsibilities. It also contains regulations
pertaining to safety of the signs installation and requirements for specific types of signs. The intent of this
Part is to ensure that safe, well-designed and aesthetically pleasing signs are located within the Town.
1.
ADMINISTRATION
(1) Unless otherwise provided for, this schedule applies to all signs within the Town of Picture Butte.
(2) No one shall erect, place, or alter a sign without having first obtained a development permit
from the Development Authority in accordance with the provisions of this Bylaw, unless
otherwise exempted in Section 2 of this Part.
(3) For the purpose of administering the standards of this Bylaw and signage regulations in
accordance with the land use districts, the following categories shall apply:
- Type 1 signs - A-board, directional, fascia, projecting (canopy, roof, overhanging,
shingle), portable, electronic display or animated/changing copy, political/election, real
estate, garage sale, sidewalk, temporary, window, subdivision identification fascia or
shingle for home occupations, exit/entrance signs.
- Type 2 signs - Balloon, freestanding, mural, all other not included as Type 1.
2.
SIGNS NOT REQUIRING A PERMIT
No development permit is required for the following types of signs:
(a) construction company signs, provided such signs are removed within 14 days of the completion
of construction;
(b) signs of public buildings;
(c) signs, notices, placards, or bulletins required to be displayed:
(i)
in accordance with the provisions of federal, provincial, or municipal legislation;
(ii) by or on behalf of the federal, provincial, or municipal government;
(iii) on behalf of a department, a commission, a board, a committee, or an official of the federal,
provincial, or municipal government;
(d) political posters, provided all such signs are removed within 14 days after the completion of the
relevant election or plebiscite;
(e) real estate signs, provided all such signs are removed within 30 days after the sale or lease of
the premises upon which the sign is located;
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Town of Picture Butte Land Use Bylaw No. 841-15
(f)
residence identification signs, which state no more than the name and/or address of the
person(s) occupying the lot, provided the sign is no greater than 0.2 m2 (2 sq. ft.) in area;
(g) banner or balloon signs which are displayed for a period of time not exceeding 30 days;
(h) signs approved in conjunction with a home occupation permit;
(i)
garage sale signs, provided the owner of the property upon which the sign is located has
approved its placement and that the sign is removed immediately upon the conclusion of the
sale;
(j)
on-premises directional and information signs and incidental signs, 0.2 m2 (2 sq. ft.) or less in
area;
(k) any traffic or directional and information signs erected by the Town of Picture Butte or the
Alberta Government or the Federal Government;
(l)
any community service bulletin board erected by the Town of Picture Butte and any notices
posted on the bulletin board;
(m) any window sign posted on the interior of the premises;
(n) entrance or exit signs used for the purpose of directing traffic providing:
(i)
those signs do not display any advertising message, other than a business logo,
(ii) the sign area does not exceed 0.9 m2 (10 sq. ft.) in area, and
(iii) the sign height does not exceed 1.2 metres (4 ft.);
(o) A-board signs (see figure) where the owner of the sign submits written
authorization from the owner of the land where the sign is to be
located and where the sign is removed from that location on a daily
basis;
(p) the alteration of a lawful sign which only includes routine
maintenance, painting or change in face, content, copy or lettering
and does not include modification to the sign structure, location,
dimensions or projection style;
(q) any sign appearing on street furniture, such as benches or garbage
containers, that are located on private property; and
(r) any sign appearing on street furniture, such as benches or garbage containers, that are located
on public land if an agreement to locate the street furniture has been reached with Council;
provided all such signs are suitably maintained to the satisfaction of the Development Officer and
the Municipal Planning Commission.
3.
PROHIBITED SIGNS
The following signs are prohibited:
(a) signs which employ revolving, flashing or intermittent lights, or lights resembling emergency
services, traffic signals, railway crossing signals, hazard warning devices or other similar lighting
but does not include changeable content, sign projection styles or animation;
(b) signs which emit amplified sounds or music;
Town of Picture Butte Land Use Bylaw No. 841-15
PART 5 | 3
(c) in any residential district, signs that employ animation or changeable content as the projection
style;
(d) in any non-residential district, signs that employ changeable content, animation or pictorial
scenes at a luminosity, intensity and/or interval which may create a public hazard or nuisance;
(e) any sign containing electronic display, animation, changeable content or movement shall be
prohibited from a residential land use district. An exemption to this may be considered by the
Development Authority if the signage is for a community group or facility, school, or any level of
government;
(f)
any signs located within the public right-of-way or on public property, except for signs approved
by the Town of Picture Butte or signs approved by the Province of Alberta or Federal
Government;
(g) signs that are attached to or appearing on any vehicle or trailer which is parked on a public right
of way or any other public lands or on private land that is located adjacent to a public right of
way excepting thereout signs for special events organized by a non-profit association, group or
organization for a display time period not to exceed 24 hours;
(h) billboards erected for the sole purpose of advertising off-premise businesses or products which
are not associated with businesses or services licensed to operate in the Town of Picture Butte,
charitable organizations or service clubs;
(i)
any sign which has not obtained a development permit or any sign which has not been deemed
exempt from the requirement of obtaining a development permit as per this sign schedule (see
Section 2 of this Part - Signs Not Requiring a Development Permit).
4.
APPLICATION REQUIREMENTS
All development permit applications for a sign shall:
(a) be submitted to the Development Officer;
(b) include a description of the proposal and a plan drawn to a suitable scale and photographs, if
available, illustrating:
(i)
the location of all existing and proposed sign(s);
(ii) the size, height, and other dimensions of the proposed sign(s), including any supporting
structures and if the application is for a sign with Electronic Display, the percentage of the
facade that will be covered by the sign;
(iii) the location of the property boundaries of the parcel upon which the proposed sign(s) are
to be located;
(iv) details with respect to sign content (i.e. wording/lettering, text, message, graphics, etc.);
(v) the materials and finish proposed for the sign(s);
(vi) type of electronic display, illumination, animation, and/or changeable content, if any, and
details with respect to the proposed luminosity intensity and/or interval; and
(vii) if a sign is to be attached to a building, the details regarding the extent of projection must
be provided.
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Town of Picture Butte Land Use Bylaw No. 841-15
5.
GENERAL STANDARDS FOR SIGNS
The following regulations shall be applied to all signs:
(1) All signs shall, in the opinion of the Development Officer or Municipal Planning Commission, be
of quality construction and of a design suitable for public display.
(2) All signs shall be maintained in good repair and a safe and tidy manner to the satisfaction of the
Development Officer and the Municipal Planning Commission.
(3) No sign shall be placed in a public road or laneway or sited in such a manner that, in the opinion
of the Development Officer or Municipal Planning Commission, causes confusion with or
obstructs the vision of any information sign or a traffic control sign, signal, light or other traffic
device.
(4) The source of light for any illuminated sign shall be steady and suitably shielded to the
satisfaction of the Development Officer and the Municipal Planning Commission.
(5) No sign shall be located or placed in such a manner that, in the opinion of the Development
Officer or Municipal Planning Commission, will create a potential hazard or conflict with rights-
of-way, easements or the routing of any public utility.
(6) Signs may locate within the setback requirements of a land use district if it does not interfere
with visibility at an intersection and complies with other sign requirements of Part 5.
(7) Unless otherwise specified in this Part, the maximum number of primary signs permitted on a
lot with single frontage is three and with two or more frontages, five. These primary signs may
consist of the following types of signs or a combination thereof:
(a) freestanding,
(b) existing projecting and overhanging,
(c) fascia,
(d) canopy,
(e) roof,
except as provided under Section 10, Multi-tenant Signs.
(8) The maximum sign area of all signs, not including portable signs, that may be located on a lot
with single frontage is 13.9 m2 (150 sq. ft.) and with two or more frontages is 18.6 m2 (200 sq.
ft.), except as provided under Section 10, Multi-tenant Signs.
(9) Unless otherwise specified, a development permit application is required for all signs.
Application is made using the Sign Development Permit Application in Appendix B, unless
specifically exempt under Section 2, Signs Not Requiring a Permit.
(10) Except for fascia or canopy signs as provided for in this Bylaw, no signs projecting or overhanging
public property shall be permitted.
(11) Where a sign overhangs public property, the owner shall provide a save harmless agreement
with the Town of Picture Butte and register the agreement on the title of the property.
(12) A business or building owner shall remove a derelict business signage visible copy and image
area within 30 days of the business ceasing operations within the town.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 5 | 5
6.
PORTABLE SIGNS
(1) The copy area of a portable sign shall not exceed 3.7 m2 (40 sq. ft.).
(2) No more than one portable sign per frontage or where there are two or more frontages, a total
of two portable signs may be located on a single lot or premises, except in a designated tourism
sign area where more than two portable signs may be located at the discretion of the
Development Officer or the Municipal Planning Commission.
(3) No portable sign shall extend or project into any public place or beyond the boundaries of the
lot or premises upon which it is sited without the approval of the Development Officer or the
Municipal Planning Commission.
(4) A development permit for a portable sign will be valid for a period of no longer than 120 days in
a calendar year.
(5) Portable signs may be off-premises signs under Section 7, Off-Premises Signs.
(6) The Development Officer or Municipal Planning Commission must approve the location of the
portable sign on the premises having regard for location of power supply, parking pattern on
the site or other site constraints.
(7) Portable signs shall not be allowed in any residential land use district unless placed on Town
boulevards or property and permission has been obtained from the municipality.
7.
OFF-PREMISES SIGNS
(1) The sign area of any third-party and off-premises signs visible from a roadway shall not exceed:
(a) 2.3 m2 (25 sq. ft.) where the speed limit is no greater than 50 km per hour; and
(b) 4.6 m2 (50 sq. ft.) where the speed limit is greater than 50 km per hour but not greater than
70 km per hour.
(2) Off-premises signs shall only identify businesses or services licensed to operate in the Town of
Picture Butte or that are members of the Picture Butte and District Chamber of Commerce,
charitable organizations or service clubs.
(3) All third-party and off-premises signs shall comply with all other provisions of this Bylaw unless
specifically exempted.
8.
TEMPORARY SIGNS
(1) All temporary signs require a Development Permit except those signs exempted in Section 2.
PART 5 | 6
Town of Picture Butte Land Use Bylaw No. 841-15
(2) A development permit for a temporary sign will be valid for a period of no longer than 60 days,
other than a portable sign" which may be allowed for 120 days maximum.
(3) The Development Officer is satisfied that any political posters, real estate signs, third-party signs
or other signs located on a boulevard have not been objected to by any residents or land owners
adjacent to said boulevard, will not create a traffic hazard or obstruct the public's view of any
other signs.
(4) No temporary signs shall be suspended on or between support columns of any freestanding sign.
(5) No posters or signs shall be placed on any public utility such as a power pole.
(6) No posters or signs shall be placed on town street name signs.
(7) The Development Authority must only approve the location of the temporary sign on the
premises after having given due consideration for the location of power supply, sight lines
visibility, parking pattern on the site and/or any other site specific development constraints that
the Development Authority considers relevant.
(8) The copy area of a temporary sign shall not exceed 3.7 m2 (40 sq. ft.).
9.
PROJECTING SIGNS (CANOPY, ROOF, PROJECTING, SHINGLE, OVERHANGING)
Projecting signs may be permitted in all non-residential districts subject to obtaining a development
permit and the following limitations:
Canopy Signs
(1) The copy area of a canopy sign shall not exceed 9.3 m2 (100 sq.
ft.).
(2) No more than one canopy sign per frontage or, where there are
two or more frontages, a total of two such signs may be located
on a single lot or premises, where more than one tenant
occupies the premises (see Section 10, Multi-tenant Signs).
(3) Approval of any canopy signs overhanging public land under Part 5 is conditional upon the
owners and/or occupiers of the premises upon which said sign is located providing to the Town
of Picture Butte a written waiver of liability as authorized by Council or an indemnification
agreement for any injury or damage resulting from said sign.
(4) No part of a canopy sign, exclusive of any supports, shall be less than 2.7 metres (9 ft.) above
ground or sidewalk grade.
(5) No part of a canopy sign shall project more than 1.5 metres (5 ft.) over any public place or extend
within 0.9 metres (3 ft.) of the edge of a curb or a roadway.
Projecting Signs
(6) No part of a sign shall project more than 1.5 metres (5 ft.) over a public sidewalk or within
0.9 metre (3 ft.) of a curb adjoining a public roadway.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 5 | 7
(7) Projecting signs shall be placed:
(a) at right angles to the building face to which they will be attached, or
(b) in the case of corner sites, placed at equal angles to the building faces that form the corner.
(8) Projecting signs shall have a minimum vertical clearance of 2.4 metres (8 ft.) measured between
the lower sign edge and grade.
Roof Signs
(9) No more than one roof sign per building shall be
permitted.
(10) A roof sign shall not project more than 3.0 metres (10 ft.)
above the highest point of the roof.
(11) The sign shall not be placed on the sloped portion of a
roof.
(12) The display surface of a roof sign shall not exceed 8.4 m2 (90 sq. ft.).
(13) Where the roof sign display surfaces are back-to-back in a common structure, it shall be
construed to be a single sign.
(14) Every roof sign shall be erected in such a manner that the support structure, guy wires, braces,
and all other secondary supports are not visible, so that the roof sign appears to be an
architectural component of the building, unless otherwise directed by the Development
Authority.
(15) No roof sign shall extend beyond the ends or sides of the building.
(16) Multi-tenant roof signs may be considered by the Development Authority, provided the
advertising is located on one roof sign only.
Shingle Signs
(17) In all Residential land use districts, a shingle sign associated with a
home occupation shall:
(a) be limited to one sign, which may be a shingle type projecting
sign on the premises of an approved home occupation use; and
(b) not exceed 0.4 m2 (4 sq. ft.) in area.
(18) In all non-residential land use districts, shingle signs shall be subject
to the projecting sign standards, Sections 9(6) through 9(8).
10. MULTI-TENANT SIGNS
(1) A maximum of one secondary sign per business or service is permitted.
(2) The sign area of all secondary signs shall not exceed 20 percent of the maximum allowable sign
area for the principal sign.
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Town of Picture Butte Land Use Bylaw No. 841-15
(3) For the purpose of calculations contained in Section 5, General Standards for Signs, secondary
signs shall not be included.
11. DIRECTIONAL AND INFORMATIONAL SIGNS
Directional and informational signs up to a maximum of 0.2 m2 (2 sq. ft.) is not included in the
calculations contained in Section 5, General Standards for Signs (see Section 2, Signs Not Requiring a
Permit).
12. WINDOW SIGNS
(1) Window signs are not included in the calculations contained in Section 5, General Standards for
Signs (see Section 2, Signs Not Requiring a Permit).
(2) Window signs shall not cover more than 50 percent of the surface area of the window.
13. FREESTANDING SIGNS
(1) All freestanding signs require a development permit except those signs exempted in Section 2.
(2) No more than one freestanding sign per frontage or a total of two freestanding signs shall be
located on a single lot or premises with two or more frontages.
(3) No freestanding sign shall exceed 7.6 metres (25 ft.) in height.
(4) All freestanding signs shall be completely located on the same lot as the use being advertised,
with the exception of off-premises signs approved in accordance with the provisions of Part 5.
(5) With the exception of directional and informational signs, any part of a freestanding sign that
extends beyond the support column or between two support columns shall be 2.7 metres (9 ft.)
above ground or sidewalk grade.
(6) No temporary signs shall be suspended on or between support columns of any freestanding sign.
(7) The total sign area for each face shall not exceed 7.0 m2 (75 sq. ft.). Sign area is depicted in
figure below as dimension B multiplied by dimension C.
(8) Billboards erected for the sole purpose of advertising off-premise businesses or products which
are not associated with businesses, charitable organizations or service clubs licensed to operate
in the Town of Picture Butte, or are members of the Picture Butte and District Chamber of
Commerce are not permitted.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 5 | 9
14. FASCIA
Fascia signs may be permitted in all non-residential districts subject to obtaining a development
permit and the following limitations:
(1) All fascia signs require a development permit except those signs exempted in Section 2.
(2) No more than one fascia per frontage or where there are two or more frontages, a total of two
such signs may be permitted.
(3) The sign area of a fascia for a commercial or industrial use shall not exceed 9.3 m2 (100 sq. ft.).
(4) A fascia sign shall not project more than 0.3 metre (1 ft.) from the face of a building.
(5) Whenever there is a band of several fascia, they should be of a consistent size and located near
the same level as other similar signs on the premises and adjacent buildings.
(6) For a multi-use or multi-bay mixed commercial building, the total maximum sign area permitted
for fascia signs is 20 percent of the area formed by each building face or bay.
Mural Signs
(7) No more than one mural sign shall be allowed per building unless specifically authorized by the
Municipal Planning Commission.
(8) The location, theme, construction materials and size associated with the mural shall be to the
satisfaction of the Development Authority.
(9) The mural must be a painting or other decorative work (artistic rendering/scene) and no mural
shall be created to solely display a commercial message or depiction.
(10) Display of text, including a business name or commercial message, within a mural shall not
exceed 10 percent coverage of the wall surface area, up to a maximum coverage size of 9.3 m2
(100 sq. ft.).
PART 5 | 10
Town of Picture Butte Land Use Bylaw No. 841-15
15. ELECTRONIC DISPLAY SIGNS
(1) No more than one digital sign may be permitted on a single parcel.
(2) Any sign containing Electronic Display shall be prohibited from a residential land use district. An
exemption to this may be considered by the Development Authority if the signage is for a
community group or organization, school, or the municipality and complies with all other sign
regulations.
(3) Electronic Display content shall only be allowed on fascia signs in compliance with this Bylaw.
(4) The sign area of a sign with Electronic Display shall not exceed 10% of the size of the total
building façade on which the sign will be installed, to a maximum of 4.6 m2 (50 sq. ft.).
(5) Signs with Electronic Display must not be on a building façade that directly faces a residential
land use district.
(6) Signs with Electronic Display may include on-premises advertising and/or off-premises
advertising for businesses, charitable organizations or service clubs licensed to operate in the
Town of Picture Butte or are members of the Picture Butte and District Chamber of Commerce
only, in compliance with Section 7(2) of this Part 5 of this Bylaw.
(7) Electronic Display content must remain in place unchanged for a minimum of 10.0 seconds
before switching to new content.
(8) The maximum transition time between each different Electronic Display on a sign is 0.25
seconds.
(9) The transition between each Electronic Display must not involve any visible effects, including
but not limited to action, motion, fading in or out, dissolving, blinking, intermittent or flashing
light, or the illusion of such effects.
(10) Electronic Display content must not include full motion video, movies, Moving Picture Experts
Group (MPEG) or any other non-static digital format and the content must not be displayed
using any visible effects, including but not limited to: action, motion, fading in or out, dissolving,
blinking, intermittent or flashing light, or the illusion of such effects.
(11) A sign featuring Electronic Display must be equipped with a functioning ambient light sensor
and must be set to operate so as not to exceed the following limits at all times when the
Electronic Display feature is functioning, as measured from the sign face at its maximum
brightness:
a) A maximum of 7,500 nits from sunrise to sunset, based on the times established by the
sunrise/sunset calculator of the National Research Council of Canada;
b) A maximum of 500 nits from sunset to sunrise, based on the times established by the
sunrise/sunset calculator of the National Research Council of Canada;
c) The light levels around the Electronic Display must not at any time exceed the ambient light
level by more than 5.0 LUX.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 5 | 11
(12) If a Development Authority determines that the brightness or light level of an Electronic Display
exceeds the limits set out in subsection (11) of this Section, the Development Authority may
direct the Development Permit holder to change the settings in order to bring the Electronic
Display into compliance with this Bylaw.
(13) If any component of an Electronic Display fails or malfunctions such that the Electronic Display
is no longer operating in compliance with this Bylaw or with the conditions of a Development
Permit, the Development Permit holder must ensure that the Electronic Display is turned off
until all components are fixed and operating in compliance.
(14) The Development Permit holder for a sign featuring an Electronic Display must ensure that a
Development Authority is at all times in possession of the name and telephone contact
information of a person(s) having access to the technology controls for the sign, who can be
contacted 24 hours a day if the sign malfunctions.
(15) Any sign that is illuminated, animated, or a digital and electronic message board (changeable
copy) located within 304.8 metres (1,000 ft.) of a provincial highway right-of- way or within 800
metres (2,625 ft.) of the centreline of a highway and a public road intersection must be approved
by Alberta Transportation.
16. BALLOON SIGNS
Notwithstanding that no permit is required in accordance with Section 2 of
this Part, a balloon sign shall:
(a) not be permitted in any residential land use district;
(b) be securely anchored or fastened to wind resistant ground structures
or building fasteners; and
(c) not be located within the public right-of-way, and not hinder or obstruct pedestrian or vehicle
traffic.
17. OTHER SIGNS
When a sign cannot be clearly categorized as one of the sign types as defined in this Bylaw, the
Development Authority shall determine the sign type and any and all applicable controls.
18. SIGN DEFINITIONS
For the purpose of the Land Use Bylaw and this schedule, the following definitions apply:
A-BOARD means a portable sign which is set on the ground, built of two similar pieces of
material and attached at the top by a hinge(s) so as to be self-supporting when the bottom
edges are separated from each other and designed and built to be easily carried by one
person. See Section 10 - Portable Signs.
ABANDONED SIGN means a sign which advertises or identifies an activity, business, owner, product, lessee or
service which no longer exists or a sign for which no legal owner can be found.
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Town of Picture Butte Land Use Bylaw No. 841-15
ANIMATION means a projection style where action or motion is used to project
sign content, including lighting changes, special effects or pictures, but does not
include changeable content.
AWNING means an adjustable or temporary roof-like covering fitted over windows
and doors and used for either shelter, advertising or decoration.
BALLOON SIGN means any inflatable device used or employed as a sign that is
anchored to the ground or to a building or structure.
BANNER SIGN means a temporary sign that is made of lightweight material
intended to be secured to the flat surface of a building or structure, at the top
and the bottom on all corners, excluding official flags and emblems.
BILLBOARD SIGN means a freestanding structure 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 means a permanent fixture fitted over windows and doors and used for either shelter, advertising or
decoration.
CANOPY SIGN means a sign that is mounted, painted or otherwise attached to an awning, canopy or marquee.
CHANGEABLE CONTENT means sign content which changes
automatically through electronic and/or mechanical means and may
include typical features such as an electronic message centre or time
and temperature unit.
Mechanical
Electronic
CONSTRUCTION SIGN means a temporary sign which is placed on a site to advertise items such as the provision
of labour, services, materials or financing on a construction project.
DIRECTIONAL AND INFORMATION SIGN means a sign the message of which is limited to
providing direction guidance, distance, facility or similar information and which may
contain a name or logo.
ELECTRONIC DISPLAY means sign copy displayed using electronic screens, televisions, computer video
monitors, liquid crystal displays, light-emitting diode displays, or any other similar electronic technology.
Electronic display signs are also commonly called digital signs.
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PART 5 | 13
FASCIA SIGN means a sign attached across the face of the building, located approximately parallel thereto, in
such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign,
which does not project more than 0.30 metre (1 ft.) from the building.
FREESTANDING SIGN means a sign supported independently of a building, wall, or other structure by way of
columns, uprights, braces, masts or poles mounted in or upon grade.
FRONTAGE means the front lot line and the side of a lot abutting a public roadway. Frontage does not include
any side of a lot abutting a lane unless the lane is the only means of physical access.
HOME OCCUPATION SIGN means a sign advertising a home occupation approved under the provisions of the
Land Use Bylaw.
LUMINOSITY means the measurement of brightness.
MULTI-TENANT SIGN means any type of sign that may contain sign content that advertises more than one
tenant and/or business. See Sections 9 through 14 of this Part for applicable sign type: e.g. freestanding sign,
billboard sign, portable sign, etc.
MURAL SIGN means any picture, scene, graphic or diagram displayed on the exterior wall of a building for the
primary purpose of decoration or artistic expression and not created to solely display a commercial message
or depiction.
OFF-PREMISES SIGN means any type of sign that may contain sign content that advertises or otherwise
identifies a service, product or activity conducted, sold or offered at a location other than the premises on
which the sign is located.
OFF-PREMISES SIGN CONTENT means sign content which advertises or otherwise identifies a service, product
or activity conducted, sold or offered at a location other than the premises on which the sign is located.
ON-PREMISES SIGN CONTENT means sign content which advertises a service, product or activity conducted,
sold or offered on the property that the sign is located.
OTHER SIGN means any sign that is not defined as a canopy sign, fascia sign, freestanding sign or portable sign.
OVERHANGING means that which projects over any part of any street, lane or other municipally owned
property.
PARAPET means the extension of a false front wall above a roof line.
POLITICAL POSTER SIGN means a temporary sign announcing or supporting candidates or issues in any election
or plebiscite.
PORTABLE SIGN means a sign that is not permanently affixed to a building, structure, or the ground and does
not include A-Board signs as defined in this Bylaw.
PROJECTING SIGN means a sign other than a canopy sign or fascia sign which is attached to and projects, more
than 0.30 metre (1 ft.) horizontally from a structure or building face.
REAL ESTATE SIGN means a sign advertising real estate (i.e. property) that is for sale, for lease, or for rent or
for real estate that has been sold.
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Town of Picture Butte Land Use Bylaw No. 841-15
RESIDENCY IDENTIFICATION SIGN means a sign located on a lot in a residential district that provides for the
name and/or address of the owner or occupant of a dwelling.
ROOF SIGN means any sign erected upon, against, or directly above a roof or on top of or above the parapet
of a building.
ROTATING SIGN means a sign or portion of a sign which moves in a revolving manner. See Sections 7 through
10 of this Part for applicable sign type requirements: e.g. freestanding sign, billboard sign, portable sign.
SHINGLE SIGN means a small sign which is suspended from a mounting attached directly to the building wall.
Shingle signs are generally placed perpendicular to the face of a building and are typically found in pedestrian
oriented environments such as a downtown and/or historic district.
SIGN means a lettered board or other public display intended for the advertising or calling attention to any
person, business, matter, object or event.
SIGN ALTERATION means the structural and/or projection style modification of a sign but does not include the
routine maintenance, painting or change in face, content, copy or lettering.
SIGN AREA means the entire area within a single continuous perimeter enclosing the extreme limits of a sign
and in no case passing through or between any adjacent elements of same. However, such perimeter shall not
include any structural elements lying outside the limits of such sign and not forming an integral part of the
display. See figure below.
SIGN CONTENT means the wording/lettering, message, graphics or content displayed on a sign.
SIGN CONTENT AREA means the entire 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 area = length of A x length of B
Sign content area = length of C x length of D
SIGN HEIGHT means the vertical distance measured from the highest point of the sign or sign structure to the
finished grade.
SIGN ILLUMINATION means the lighting or exposure of a sign to artificial lighting either by lights on or in the
sign or directed toward the sign.
SIGN PROJECTION STYLE means the method by which the sign content is conveyed to the viewer (e.g.
lettering/logo, animation, changeable content, movement/motion).
SIGN TYPE means the type of structure of a sign (e.g. billboard, freestanding, portable, etc.) used to convey
sign content.
TEMPORARY SIGN means any sign permitted, designed or intended to be displayed for a short period of time
(not to exceed 30 days), 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.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 5 | 15
VEHICLE SIGN means a sign attached to, painted on or installed on a vehicle other than a public transportation
vehicle, taxi cab or school bus.
WINDOW SIGN means a sign painted on, attached to or installed on a window intended to be viewed from
outside the premises.
PART 6
DEFINITIONS
Town of Picture Butte Land Use Bylaw No. 841-15
PART 6 | 1
PART 6
DEFINITIONS
A
Accessory building means any building:
(a) which is separate from the principal building on the lot on which both are located, and the use of
which the Municipal Planning Commission decides is normally subordinate and incidental to that of
the principal building; or
(b) the use of which the Municipal Planning Commission decides is normally subordinate and incidental
to the principal use of the site on which it is located.
Accessory structure means a building or structure detached from a principal building, normally ancillary,
incidental, subordinate to the principal building or use. Typical accessory structures include flagpoles,
swimming pools, propane tanks, satellite dishes, garages, and garden sheds. When a building is attached
to the principal building by a roof, a floor or foundation above or below grade, it is part of the principal
building.
Accessory use means a use of a building or site which the Development Officer decides is normally
subordinate and incidental to the principal use of the building or site.
Addition means adding onto an existing building, provided that there are no major structural changes to
the existing building, no removal of the roof structure, and no removal of the exterior walls, other than
that required to provide an opening for access from, and integration of, the existing building to the portion
added thereto and there is a common structural connection from the existing building to the addition that
includes a foundation, constructed to the minimum standards outlined in the Alberta Building Code, and
a roof.
Amusement facility means a building or facility where four or more mechanical or electronic games are
kept or indoor games are commercially offered such as arcades, bowling alleys, video gaming rooms, mini-
putting or putting greens, for the purpose of furnishing entertainment or amusement to the public for a
fee.
Animal grooming facility means development for the on-site treatment or grooming of small domestic
animals such as household pets, where on-site accommodation is not normally provided and where all
care and confinement facilities are enclosed within a building. Examples include pet grooming salons.
Apartment building or dwelling means a building or a portion of a building which contains three or more
dwelling units and where the primary access to each unit is provided through a common or shared
entryway. This use also includes eightplexes or any building containing more than six dwelling units,
where each unit is provided with its own primary access to the outside.
Applicant means the registered owner of the land or his or her representative or agent certified as such.
PART 6 | 2
Town of Picture Butte Land Use Bylaw No. 841-15
Approved use means a use of land and/or building for which a development permit has been issued by
the Development Officer or the Municipal Planning Commission.
Area structure plan means a statutory plan in accordance with the MGA and the municipal development
plan for the purpose of providing a framework for subsequent subdivision and development of an area of
land in the municipality.
Auto body and paint shop means a premise where the bodies, but not other parts of motor vehicles, are
repaired, and where motor vehicle bodies and other metal machines, components or articles may be
painted.
Auto sales and service means an enclosed building within which motor vehicles and parts are displayed
for sale, and may include a new or used automobile sales lot, and may also include auto repairs, except
for body work and painting.
B
Bakery means a facility where baked food products (i.e. bread, buns, cookies, pastries) are prepared, sold
and/or distributed.
Bank means a financial institution for the deposit, custody, loan, exchange or issuance of money or
financial services or products are commercially dealt with.
Basement means the lowest storey of a building, partly or wholly below grade.
Bay means a self-contained unit or part of a building which can be sold or leased for individual occupancy.
Bay window means a window or series of windows projecting from the outer wall of a building and
forming a recess within.
Bed and breakfast means a use accessory to a single-detached dwelling which involves a home based
development in a private owner-occupied dwelling where rooms are rented for short-term
accommodation, generally not exceeding 14 days, and a breakfast meal is provided for registered guests.
Belt course means a horizontal band forming part of an interior or exterior architectural composition.
Berm means an earthen or dyke-like form used to separate incompatible areas or functions, or
constructed to protect or shield the site, use or district from noise, vehicular road noise, or visual blights.
Billboard means a structure, primarily self-supporting, which is used for the display of general advertising,
the subject matter of which is not necessarily related to the use or ownership of the property on which
the structure is located.
Boarding house means a building (other than a hotel or motel) containing not more than 15 sleeping
rooms where means or lodging for 5 or more persons are provided for compensation pursuant to previous
arrangements or agreement.
Buffer means a row of trees, hedges, shrubs or berm planted or constructed to provide visual screening
and separation between uses, buildings, sites or districts.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 6 | 3
Buildable area means that portion of a lot or parcel which remains after all setbacks, minimum yard
dimensions, utility right-of-way or easements, and separation distances have been deducted.
Building has the same meaning as it has in the MGA.
Building height means the vertical distance between grade and the highest point of a building excluding
an elevator housing, a roof stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke
stack, a fire wall or a parapet wall and a flagpole or similar device not structurally essential to the building.
Building inspector means the person or persons appointed by the municipality to be the chief building
inspector or building inspectors in and for the Town of Picture Butte.
Building massing means the volume, height, location and orientation of a building.
Building permit means a certificate or document issued by the Safety Codes Officer pursuant to provincial
legislation authorizing commencement of construction.
Building scale refers to building elements and details as they proportionally relate to each other and to
humans.
Building site means a portion of land that is the subject of a development application on which a building
can or may be constructed.
Building supplies means a commercial retail store where lumber, building materials, hardware, household
accessories and other related goods are stored and/or offered for sale and may include outside storage.
Bulk fuel station means a facility for the purpose of storing fuel for distribution to customers or businesses
and does not include a service station.
C
Cannabis means a plant Cannabis sativa, including the phytocannabinoids produced by, or found in, such
a plant, regardless of whether that part has been processed or not, and any substance or mixture of
substances that contains or has on it any part of such a plant; and any substance that is identical to any
phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained,
but does not include a non-viable seed of a cannabis plant.
Cannabis production facility means a building or use where federally approved medical or non-medical
(recreational) cannabis plants are grown, processed, packaged, tested, destroyed, stored or loaded for
PART 6 | 4
Town of Picture Butte Land Use Bylaw No. 841-15
shipping, and that meets all federal or provincial requirements and that meets all requirements of this
bylaw, as amended from time to time.
Canopy sign means a permanent fixture fitted over windows and doors and used for either shelter
advertising or decoration.
Carport means a partially enclosed structure intended for the shelter of one or more motor vehicles.
Enclosure is limited to the roof and to a height of not greater than 0.9 metres (3 ft.) above the ground or
finished surface of the carport.
Clubs and organizations means development used for the meeting, social or recreational activities of
members of a normally non-profit philanthropic, social service, community, athletic, business, religious or
fraternal organization, without on-site residences. Clubs and fraternal organizations may include rooms
for eating, drinking and assembly.
Common wall means a vertical separation completely dividing a portion of a building from the remainder
of the building and creating in effect a building which, from its roof to its lowest level, is separate and
complete unto itself for its intended purpose, such wall being owned by one party but jointly used by two
parties, one or both of whom is entitled to such use by prior arrangement.
Community facilities means community halls, public libraries, parks, playgrounds, schools, hospitals,
shopping, medical and dental clinics and other similar facilities.
Comprehensive development means planned residential development having a high standard of design,
a variety of accommodation, and adequate amenity provisions.
Condominium means a building or structure where there exists a type of ownership of individual units,
generally in a multi-unit development or project where the owner possesses an interest as a tenant in
common with other owners.
Construction or building trade shop means a facility for the provision of electrical, plumbing, heating,
painting and similar contractor services primarily to individual households and the accessory sale of goods
normally associated with such contractor services where all materials are kept within an enclosed
building, and where there are no associated manufacturing activities.
Contractor means an individual or company who contracts on predetermined terms to provide labour and
materials and to be responsible for the performance of a construction job in accordance with established
specifications or plans.
Convenience store means a retail outlet selling goods and foodstuffs to area residents on a day-to-day
basis from business premises which typically do not exceed 400 m2 (4,305 sq. ft.) in gross floor area. This
use does not include Retail Cannabis Store which is a separate use.
Copy area means the entire 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.
Corner lot means a lot located at the intersection or junction of two or more streets.
Cornice means the top course of a wall when treated as a finish or crowning member.
Council means the Council of the Town of Picture Butte in the Province of Alberta.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 6 | 5
D
Day care facility means a provincially licensed facility for the provision of care, supervision or
rehabilitation of children or adults for periods not exceeding 24 consecutive hours.
Day home means the provision of care or supervision of individuals, either children or adults, within a
private dwelling for a period not exceeding 24 consecutive hours and with no more than 6 clients per day.
Deck means a wooden, or other similar hard-surfaced platform, with or without a roof, walls or railings
intended for outdoor living space or amenity area and which is generally attached to a building. Other
specific deck meanings include the following:
(a) A raised deck means a horizontal structure with a surface height 0.6 metre (2 ft.) or greater above
grade at any point, but generally no higher than the first storey floor level, and is intended for use as
a private outdoor amenity space.
(b) A ground level deck means an unenclosed (no roof or walls) amenity area of wood, or other similar
material, that is constructed less than 0.6 metre (2 ft.) above grade and is typically attached to a
dwelling.
(c) A ground level patio means an unenclosed (no roof or walls) amenity area of concrete, brick, wood,
or other material that is constructed at grade and may or may not be or attached to a dwelling.
Development Officer means a person authorized by Council to act as a development authority pursuant
to Part 1, Section 6 and in accordance with the Development Authority Bylaw.
Development agreement means an agreement between the developer and the municipality to:
(a) construct or pay for the construction of public roadways or parking areas;
(b) install or pay for the installation of utilities, and/or any municipal service mutually agreed upon;
(c) pay for an off-site levy or redevelopment levy imposed by bylaw.
Demolition means any act or process that destroys or removes in part or in whole a building or structure.
Density means the number of dwelling or accommodation units on a site expressed in units per acre or
hectare, or alternatively as the site area required per dwelling unit.
Developer means a person or an owner of land in accordance with the Statutes of the Province of Alberta
who wishes to alter the title to the property and change the use of the property from its existing use or
cause to be located or constructed on the property buildings or structures.
Development has the same meaning as it has in the MGA.
Development agreement means a contractual agreement completed between the municipality and an
applicant for a development permit which specifies the public roadways, utilities and other services to be
provided by the developer as a condition of development approval or subdivision approval, provided the
agreement is in accordance with sections 648, 650, 654 and 655 of the MGA, as amended.
Development area means the area to be occupied by a building plus the reasonable area required for
excavation and construction.
PART 6 | 6
Town of Picture Butte Land Use Bylaw No. 841-15
Development Authority means the Municipal Planning Commission, except in such instances whereby
the designated or development officer may be the Development Authority, in accordance with this Bylaw.
Development permit means a document issued pursuant to this Bylaw authorizing a development.
Directional and information sign means a sign the message of which is limited to providing direction
guidance, distance, facility or similar information and which may contain a name or logo.
Discretionary use means the use of land or building(s) provided for in the Land Use Bylaw for which a
development permit may be issued, following receipt by the Development Officer of a competed
application with appropriate details and fees.
District means a defined area of a municipality as set out in the land use district Parts of uses and indicated
on the Land Use Districts Map.
Drive-in business means an establishment with facilities for on-site service to customers who remain in
their motor vehicles.
Drive-in food service means a facility for eating and drinking which offers a limited menu produced in a
manner that allows rapid customer service and includes one or more of the following features: car
attendant services; drive-through food pickup services; or parking primarily intended for the on-site
consumption of food within a motor vehicle.
Drive-in restaurant means a restaurant which offers car attendant service or drive-through pick-up
service.
Dwelling unit means a building or portion thereof designated or used exclusively as the living quarters
(construed as including sleeping, cooking and toilet facilities) for one family.
E
Easement means a right held by one party in land owned by another.
Exotic animals means bison, alpaca, llama, cervid (elk, deer), fur (mink, fox), rabbits, fur-bearing animals,
ratites (emu, ostrich), pheasants, and other similar animal types including uncommon, wild or specialized
animal breeds.
Extensive agriculture means the science, agronomy or occupation involving cultivating soil, raising and
producing field crops, and working or tending to agricultural land by tilling, seeding, ploughing, fallowing,
swathing, fertilizing (non-manure), of existing titles or proposed parcels usually 8.1 ha (20 acres) or more
in size. For the purposes of this bylaw, this use excludes the stockpiling or composting of manure.
F
Fabric building means a structure, truss or tube-frame building system which is covered with fabric,
generally of canvas, vinyl, plastic, or cotton material, which is typically used as an accessory building,
garage or for storage. For use purposes these may be considered as an Accessory building.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 6 | 7
Farm animals means those types of animals typically or commonly associated with farming and ranching
practices or livelihood activities, such as cattle, horses, swine, poultry (chickens, turkeys), goats, sheep,
mules, donkeys, water fowl (ducks, geese), and their associated species.
Farm machinery sales and service means the use of land or buildings for the sale, service and/or rental
of agricultural implements, vehicles over 5,900 kg (13,000 lbs.) tare weight and heavy machinery used in
the production, operation and maintenance of agricultural uses related to the cultivation, harvesting,
seeding, ploughing or irrigating of land for crop, food or forage production and its associated uses.
Cleaning, repairing and sale of parts and accessories may be allowed as part of the principal use or as
accessory uses.
Farmer's market means an occasional or periodic market held in an open area or in a building or structure
where multiple sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh
flowers, arts and crafts items, and food and beverages (but not to include second-hand goods) dispensed
from booths located on-site.
Fascia sign means a sign attached across the face of the building, located approximately parallel thereto,
in such a manner that the wall becomes the supporting structure for, or forms the background surface of
the sign, which does not project more than 0.3 metre (1 ft.) from the building.
Fence means a structure usually made of wood, rails or wire intended to mark parcel boundaries and
provide yard privacy.
Financial institution means a development primarily for providing the service of banking, financial
investments or lending money, such as a bank, savings and loan institution, or credit union.
Floor area means the sum of the gross horizontal area of the several floors and passageways of a building,
but not including cellars, attached garages and open porches. All dimensions shall be outside dimensions.
Basement floor areas shall be included only where the building contains a basement suite.
Food or grocery store means a store where most of the floor area is devoted to the sale of food products
for home preparation and consumption, which typically also offer other home care and personal care
products, and which are substantially larger and carry a broader range of merchandise than convenience
stores.
Food processing means a development for the preparation, processing, or canning and packaging of food
products and the wholesale distribution of the same.
Foundation means the supporting base structure of a building which has been designed and engineered
to support the associated weight of the building or structure.
Fourplex dwelling means a form of cluster housing containing four dwelling units, where:
(a) each unit has two contiguous or abutting walls which provide fire separation from the adjacent
dwelling units;
(b) two of the dwelling units ordinarily face the front yard, and two dwelling units ordinarily face the
rear yard; and
(c) each unit is provided with its own separate primary access to the outdoors.
Fraternal organization - see Clubs and Organizations.
Freestanding sign means any sign or display supported by a freestanding column or structure.
PART 6 | 8
Town of Picture Butte Land Use Bylaw No. 841-15
Front yard means a yard extending across the full width of a lot and situated between the front lot line
and the nearest portion of the principal building. For Secondary Front yard refer to Part 4, Standards of
Development.
Frontage means the front lot line and the side of a lot abutting a public roadway. Frontage does not
include any side of a lot abutting a lane unless the lane is the only means of physical access.
Funeral home means a development used for the arrangement of funerals, the preparation of the dead
for burial or cremation, the holding of funeral services and the carrying out of cremations, where not more
than one cremation chamber is provided.
G
Garage (residential) means an accessory building designed and used for storage of motor vehicles. For
associated residential use, a garage may be detached or attached to a dwelling.
Garage suite means a dwelling unit located above a rear detached garage, which is accessory to a principal
dwelling unit.
Garden centre means the use of land or buildings for the sale, display, growing and storage of garden,
household, and ornamental plants and trees provided that the retail sale and display of plants and trees
remains the principal use. This use includes the supplementary retail sale of fertilizers, garden chemicals
and implements as well as associated products.
Grade means the average surface level of the ground when the work of erecting a structure is completed.
Grazing and pasturing of livestock means a parcel of agricultural land that may be ground covered with
suitable vegetation, grass or other plants for the grazing, foraging or feeding of livestock, and may include
some supplemental outdoor feeding (grain, legume fed) of the livestock on the pasture land.
Greenhouse means a building specially designed and used for the growing of vegetables, flowers or other
plants for transplanting or sale. This use does not include Cannabis Production Facility which is a separate
use.
Gross floor area means the sum of the areas of all floors of a building measured to the outside surface of
the exterior walls or, where buildings are separated by firewalls, to the centre line of the common firewalls
and includes all floors totally or partially above the finished ground surface excluding an artificial
embankment but including all mechanical equipment areas.
Group home means development using a dwelling unit for a provincially-approved residential social care
facility providing rehabilitative and supportive care for four or more persons. A group home may
incorporate accommodation for resident staff as an accessory use.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 6 | 9
H
Habitable structure means any building or structure used, or intended for use, on a day-to-day basis by
people for residential purposes, or for purposes of conducting a commercial or industrial business, or for
purposes of a similar nature, that meets minimum health and safety standards.
Health or fitness centre, commercial means the use of a building for the purpose of providing recreation
and fitness opportunities to individuals or groups on a user-pay basis. It includes a facility designed for
the major purpose of physical fitness or weight reducing which includes, but is not limited to, such
equipment as weight resistance machines, whirlpools, saunas, showers, lockers, and may include activities
such as yoga, Pilates, spin cycling and various martial arts. This shall not include municipal or privately
owned recreation buildings.
Home occupation means an occupation, trade, profession or craft carried on by an occupant of a dwelling
unit as a use secondary to the residential use of the lot, and which does not change the character thereof
or have any exterior evidence of such secondary use.
Hotel means a building, typically with multi-floors, used primarily for sleeping accommodation and
ancillary services provided in rooms or suites of rooms which may contain bar/kitchen facilities. The
building may also contain commercial or other uses and may offer such additional services as parking
facilities, restaurant or dining room, room service or public convention facilities.
I
Illuminated sign means any sign lighted by or exposed to artificial lighting either by lights on or in the sign
or directed towards the sign.
Improvement means any installation or physical change made to a property with a view to increasing its
value, utility or beauty.
Industrial equipment sale and rental means a facility for the sale or rental of equipment typically used in
building, roadway, pipeline, oilfield and mining construction or agricultural production. This does not
include truck and mobile home sales and rentals.
Industrial operation means a business engaged in secondary manufacturing, processing, assembling,
disassembling, packaging, printing, cleaning, servicing, testing, storing and distribution of materials,
goods, products or equipment.
Institutional means a use by or for an organization or society for public or social purposes and, without
restricting the generality of the term, includes senior citizen housing, nursing homes, day care centres,
places of worship, museums, libraries, schools, service and fraternal organizations, and government
buildings.
Interior lot means any lot other than a corner lot.
PART 6 | 10
Town of Picture Butte Land Use Bylaw No. 841-15
K
Kennel means a facility where dogs or cats or other domestic pets are maintained, boarded, bred, trained
or cared for or kept for the purposes of sale but excludes a veterinary clinic.
L
Landscaped area means that portion of a site which is to be landscaped pursuant to a development
permit, and excludes areas used for parking and driveways.
Landscaping means the modification and enhancement of a site or development through the use of the
following elements:
- natural landscaping consisting of vegetation such as trees, shrubs, hedges, grass and other ground
cover;
- hard landscaping consisting of non-vegetative materials such as brick, stone, concrete, tile and
wood, excluding monolithic concrete and asphalt; and
- excludes all areas utilized for driveways and parking.
Lane means a public roadway, not exceeding 9.1 metres (30 ft.) in width which provides a secondary
means of access to a lot (site).
Liquor store means a retail establishment licensed under provincial authority for the sale of any or all of
beer, wine, or spirits for consumption off-premises. Full walls must physically separate the premises from
any other business.
Livestock means domesticated animals raised in an agricultural setting, typically associated with farms
and ranches, to produce commodities such as food, fibre, and labour, and includes but is not limited to,
cattle (both beef and dairy), sheep, swine, horses, mules and other useful animals.
Loading space means a portion of a lot or parcel that is designated or used by a vehicle while loading or
unloading goods or materials to a building or use on that parcel or lot.
Lodge or boarding houses - see Boarding Houses.
Lot means an area of land the boundaries of which are shown on a plan registered in a Land Titles Office,
or are described in the Certificate of Title to the land, and that has not been divided into smaller areas by
any plan or instrument registered in the Land Titles Office. The words site and parcel shall have the same
meaning as the word lot.
Lot area means the total horizontal area of a lot.
Lot length means the horizontal distance between the front and rear lot lines vertically projected and
measured along the median between the side lot lines.
Lot lines means the legally defined limits of any lot. The term property line shall have the same meaning.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 6 | 11
Lot width means the average horizontal distance between the side lot lines.
Lumber yard means a facility where bulk supplies of lumber and other building materials are stored,
offered or kept for retail sale and includes storage on or about the premises of such material but does not
include retail sales of furniture, appliances or other goods not ordinarily used in building construction.
M
Machinery and equipment sales and repair means the use of land or buildings for the display, sale, service
and/or rental of machinery.
Manufactured home 1 (Single-detached dwelling) means a new dwelling unit or portions of a dwelling
unit that is built in a factory or portions of dwelling units that are built in a factory or location other than
on the lot intended for occupancy. These are a new factory built structure that is manufactured in
accordance with CSA and the Alberta Building Code, is transportable in one or more sections, and is used
as a place for human habitation; but which is not constructed with a permanent hitch, chassis or other
device allowing transport of the unit other than for the purpose of delivery to a permanent site. Single-
detached manufactured homes include the following: manufactured, modular, and prefabricated, but this
definition does not include ready-to-move, manufactured home 2 (as defined in this Bylaw), park model
recreational units, park model trailers or travel trailers.
Manufactured home 2 (Single-detached dwelling) means a manufactured home that has been either
previously occupied, is new or does not meet the definition or standards of Manufactured home 1. These
are commonly or have previously been referred to as "Mobile homes" and may consist of "Double-wide",
which means a manufactured home consisting of two sections, moved separately, that are joined together
into one integrated dwelling unit on site, or "Single-wide" which means a manufactured home designed
to stand alone as a single dwelling unit. This definition does not include ready-to-move, manufactured
home 1 (as defined in this Bylaw), park model recreational units, park model trailers or travel trailers.
Manufactured home park means a parcel of land maintained and operated by an owner or a manager
providing multiple or grouped spaces for the long-term parking and occupancy of manufactured homes
and spaces for ancillary facilities including recreation area.
Medical cannabis means a substance used for medical and pharmaceutical purposes authorized by a
license issued under the federal government and in accordance with the Government of Canada's Access
to Cannabis for Medical Purposes Regulations (ACMPR) or any subsequent legislation which may be
enacted in substitution.
Mixed land use means a concentration of complementary but different land uses that are physically
integrated on one site or on one parcel of land.
Mobile home means a dwelling suitable for long-term or permanent occupancy, and designed to be
transported on its own wheels or by other means; and which, upon arriving at a residential site is, apart
from incidental operations such as placement on foundation supports and connection to utilities, ready
for occupancy. Units may be single-wide or double-wide but shall not include prefabricated or sectional
dwellings. Typically, these units were constructed prior to the year 2006.
PART 6 | 12
Town of Picture Butte Land Use Bylaw No. 841-15
Motel means development primarily providing temporary sleeping accommodation in rooms or suites,
where each room or suite may contain kitchen facilities. Each room or suite in a motel usually has its own
private exterior access and is typically provided with an adjoining or conveniently-located parking stall. A
motel may include eating and drinking facilities, entertainment, convention, sports, recreation, personal
service and retail facilities as accessory uses.
Moved-in building means a conventional pre-constructed previously occupied building which is physically
removed from one site, transported and re-established on another site and does not include mobile
homes.
Moved-in dwelling means a conventional pre-constructed previously occupied building which is physically
removed from one site, transported and re-established on another site for use as a residence.
Multi-unit dwelling means a building (other than a row dwelling) containing three or more separate
dwelling units.
Multi-tenant sign means any sign advertising or otherwise related to an occupation or use that is not the
primary use of the premises.
Municipal Government Act (MGA) means the Municipal Government Act, Revised Statutes of Alberta,
2000, Chapter M-26, as amended.
Municipal Planning Commission (MPC) means the committee authorized by Council to act as the
Subdivision Authority pursuant to section 623 of the Municipal Government Act and Development
Authority pursuant to section 624 of the Municipal Government Act, and in accordance with the
municipality's Subdivision Authority Bylaw and Development Authority Bylaw.
Municipality means the Town of Picture Butte in the Province of Alberta.
N
Non-conforming building means a building:
(a) that is lawfully constructed or lawfully under construction at the date of a Land Use Bylaw or any
amendment thereof affecting the building or land on which the building is situated becomes
effective; and
(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or when
constructed will not, comply with the Land Use Bylaw.
Non-conforming use means a lawful specific use:
(a) being made of land or a building or intended to be made of a building lawfully under construction, at
the date of a Land Use Bylaw or any amendment thereof affecting the land or building becomes
effective; and
(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or in
the case of a building under construction, will not comply with the Land Use Bylaw.
Noxious or hazardous uses are those land uses which may be detrimental to public health, safety and
welfare or those uses which because of their toxic gases, noxious smells, wastes, noise, dust or smoke
emissions may be incompatible with residential or other development.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 6 | 13
O
Off-premises sign means any sign which advertises or otherwise identifies a service, product or activity
conducted, sold or offered at a location other than the premises on which the sign is located.
P
Park and playground means land developed for public recreational activities that do not require major
buildings or facilities, and includes picnic areas, playgrounds, benches, open green space, pedestrian and
bicycle paths, outdoor courts, landscaped areas and associated public washrooms and may include
equipment for play purposes usually for children and any associated structures and uses.
Park model trailer means a recreational vehicle that is either:
(a) built on a single chassis mounted on wheels designed for infrequent towing by a heavy-duty tow
vehicle but is restricted in size and weight so that it does not require a special highway movement
permit and conforms to the CSA-Z-240 standard for recreational vehicles; or
(b) a recreational vehicle intended for temporary residence or seasonal use built on a single chassis
mounted on wheels, which may be removed and returned to the factory, requiring a special tow
vehicle and highway permit to move on the road and conforms to the CSA-Z-241 standard for
recreational vehicles. A park model trailer shall not be used as a permanent dwelling unless certified
by a Safety Codes Officer and approved by the Development Authority.
Permitted use means the use of land or building(s) which is permitted in a district for which a development
permit shall be issued, following receipt by the Development Officer of a completed application with
appropriate details and fees.
Personal service means providing services for personal care and appearance, for the cleaning, servicing,
altering and maintenance of personal belongings and effects, and for services such as photographic
studios and processing, and includes the supplementary retail sale of associated products. Personal
service includes barber shops, beauty or hairdressing salons, tailors, diet centres, shoe repair shops, dry
cleaners, upholstery and rug cleaners, laundromats, funeral homes and such other uses that the
Development Authority considers similar to any one or all of these uses.
Places of worship means a building dedicated to the undertaking of religious practices, services and
activities and includes churches, chapels, temples, parish halls, synagogues, convents, seminaries,
monasteries, rectories, or mosques and may include such accessory uses as offices for administration of
the place of worship, parsonages, and parish houses.
Portable sign means a sign that is not permanently affixed to a building, structure or the ground and is
supported on a structure allowing it to be readily moved from one location to another.
Portable storage structure - see "Fabric building".
Primary sign means a sign advertising the primary use of the premises.
PART 6 | 14
Town of Picture Butte Land Use Bylaw No. 841-15
Principal building means a building which:
(a) occupies the major or central portion of a lot;
(b) is the chief or main building on a lot; or
(c) constitutes, by reason of its use, the primary purpose for which the lot is used.
Principal use means the main purpose, in the opinion of the Development Officer, for which a lot is used.
Private amenity space means a functionally designed space for the use and benefit of the occupants of a
development and is partially or wholly visually screened to provide a private social/recreational area,
provides reasonable protection from the natural outdoor elements and provides direct access to and from
the dwelling unit that it serves.
Professional offices or services means a building, space or use involving the dispensation of a service or
advice that requires a specific skill or knowledge and/or registration with a professional
administrative/regulatory body that awards a professional designation, for a profit (i.e. lawyers,
accountants, engineers, financial planners, insurers, pharmacists, etc.), and which may include the
accessory sale of goods.
Projections over yard means portions of, and attributes to, a principal building that may encroach into a
required setback or minimum yard area, as outlined in a land use district of the Land Use Bylaw.
Provincial Land Use Policies means policies established by order of the Lieutenant Governor pursuant to
section 622 of the MGA.
Public means the use of land or a building which is accessible or visible to all members of the community.
Q
Queing aisle means an area of a lot designed to accommodate vehicles waiting in line at a vehicle-oriented
facility.
Queing space means the part of a queing aisle need to accommodate a single vehicle.
R
Ready-to-move dwelling means a residential dwelling that is a conventional stick framed home previously
unoccupied that is constructed at a location or site other than on the lot intended for occupancy, and then
is later transported and moved to the site.
Rear yard means a yard extending across the full width of a lot and situated between the rear lot line and
the nearest portion of the principal building. On a lot with a lane, it would be the portion between the
principal building and the lane.
Registered 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
Town of Picture Butte Land Use Bylaw No. 841-15
PART 6 | 15
(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
(ii) in the absence of a person described in paragraph (i), the person registered under the Land Titles
Act as the owner of the fee simple estate in the land.
Restaurant means an establishment where food and beverage is prepared and served on the premises
for sale to the public and includes seating areas for patrons, and may include entertainment which is
ancillary to the preparation and service of food.
Retail cannabis store means the use of a store, premises or a building for a commercial retail cannabis
business, licensed by the Province of Alberta, where legal non-medical cannabis and cannabis accessories
are sold to individuals who attend at the premises and the product sales or associated sales are expressly
authorized by the Alberta Gaming and Liquor Commission (AGLC).
Retail store means a building where goods, wares, merchandise, substances, articles or things are stored,
offered or kept for sale at retail, and includes storage on or about the store premises of limited quantities
of such goods, wares, merchandise, substances, articles or things sufficient only to service such a store.
This use does not include Retail Cannabis Store which is a separate use.
Row or town house dwelling means a building containing three or more separate dwelling units with each
unit placed side by side, sharing common walls between adjacent units, and each having a separate front
and rear entrance.
S
Screening means a fence, wall, berm or hedge used to visually separate areas or functions which detract
from the urban street or neighbouring land uses.
Secondary sign means any sign advertising or otherwise related to an occupation or use that is not the
primary use of the premises.
Secondary suite means an accessory development consisting of a second self-contained living unit located
within a single-detached home, where both dwelling units are registered under the same land title.
Secondary suites (detached garage) means a separate and subordinate self-contained dwelling unit
located above a detached garage, in which the sleeping and living areas are combined in an open studio
or loft style. The secondary suite garage must be located at the rear of the principal building and shall be
ancillary to the primary dwelling unit.
Sectional dwelling means a prefabricated or modular structure moved onto a lot, assembled over a
basement/foundation, which has the appearance of and is used as a conventional single-detached
dwelling unit.
Semi-detached dwelling means a building containing two separate dwelling units connected by a
common wall, with separate exterior access to each unit. For the purposes of this Bylaw, this term may
PART 6 | 16
Town of Picture Butte Land Use Bylaw No. 841-15
include a duplex which means a building containing two separate dwelling units connected by a common
floor or ceiling.
Semi-public buildings or use means philanthropic and charitable uses, including YMCAs, YWCAs, Salvation
Army [facilities], churches, and church-related institutions, orphanages, humane societies, private welfare
organizations, non-profit lodges and fraternal orders, Red Cross, and other general charitable institutions.
This shall also include all buildings and premises used in the operation of the semi-public use.
Senior citizen housing means development, including lodges which is used as a residence for elderly
individuals not requiring constant or intensive medical care.
Service station means any lot or building used for the retail sale of motor accessories, gasoline or other
fuels and the supply of washing, greasing, cleaning and minor repair services for motor vehicles.
Convenience stores may be allowed in conjunction with the previously-mentioned uses.
Setback means the distance required between a building, development, or use from a property line facing
a street.
Shall means, within the context of a policy, that the action is mandatory.
Shipping container (c-container or sea-container) means any container that was used for transport of
goods by means of rail, truck or by sea, they may also be referred to as cargo containers, c-containers or
sea-containers. These containers are rectangular in shape and are generally made of metal. When used
for any purpose other than transporting freight, a shipping container shall be considered a building and
subject to the standards and requirements of the Land Use Bylaw.
Side yard means a yard extending from the front yard to the rear yard and situated between the side lot
lines and the nearest portion of the principal building.
Sign means a development or location of any object, device, display or structure, or part thereof, situated
outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object,
person, institution, organization, business, product, service, event or location by any means, including
words, letters, figures, design, symbols, fixtures, colours, illumination or projected images.
Sign area means the total superficial area within the outer periphery of the said sign, and, in the case of
a sign comprised of individual letters or symbols, shall be calculated as the area of a rectangle enclosing
letters or symbols. Frames and structural members not bearing advertising matters shall not be included
in computation of surface area.
Signs - refer to Sign Definitions in Part 5 for additional sign type and signage definitions.
Similar use means a use of land or building(s) for a purpose that is not provided in any district designated
in this Bylaw, but is deemed by the Municipal Planning Commission to be similar in character and purpose
to another use of land or buildings that is included within the list of uses prescribed for that district.
Single-detached dwelling means a building containing one dwelling unit only and excluding moved-in
dwellings and mobile homes.
Site coverage means the percentage of the lot area which is covered by all buildings and structures on the
lot.
Site density means the average number of families, persons or dwelling units per unit of land.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 6 | 17
Small Wind Energy System (SWES) means a wind energy conversion system consisting of a wind turbine
(rotor and blades), a tower, and associated control or conversion electronics, which has a rated capacity
that does not exceed the allowable rated capacity of 3 kW and which will be used primarily to reduce
onsite consumption of utility power and is CSA approved.
Solar collector means a device or structure that is capable of collecting and distributing solar energy for
the purpose of transforming it into thermal, chemical or electrical energy.
Stop order means an order issued by the development authority pursuant to section 645 of the MGA.
Storage display area means a limited or defined area on a commercial or industrial lot which provides
examples of equipment, products, vehicles or items sold by the business use and located on the subject
site containing the display area, but not located within any required setback, or located on any required
and approved landscaping area unless approved by the Development Authority.
Street means a registered and named public roadway greater than 9.1 metres (30 ft.) in width. The term
right-of-way shall have the same meaning as street.
Structure means anything constructed or erected with a fixed location on the ground or attached to
something having a fixed location on the ground. Among other things, structures include buildings, walls,
fences, billboards and poster panels.
Subdivision and Development Appeal Board means the committee established, by bylaw, to act as the
municipal appeal body for subdivision and development applications.
T
Telecommunication antenna means a structure and any associated system, including all masts, towers
and other antenna supporting structures that is used for the transmission, emission or reception of
television, radio or telecommunications.
Telecommunication facility means an antenna or tower, typically constructed of metal and used to
convey telecommunications signals and includes any related accessory structures. It may also be a
shortened tower or antennae on top of a structure.
Temporary development or uses means a development for a permitted, discretionary, or similar use
determined to be non-permanent, seasonal or temporary in nature and whereas the permit is for a period
not to exceed one year, or if a part or section of the bylaw stipulates a specific maximum time period for
a use different than the one year, then that period shall apply.
Temporary sign means any sign permitted, designed or intended to be displayed for a short period of
time, not including portable signs, including posters, banners and sandwich boards.
Temporary structure means a structure without any foundation or footings and which is removed when
the designated time period, activity or use for which the temporary structure was erected and ceased.
PART 6 | 18
Town of Picture Butte Land Use Bylaw No. 841-15
U
Use means the purposes for which land or a building is arranged or intended, or for which either land, a
building or a structure is, or may be, occupied and maintained.
Use, Discretionary means those uses as prescribed in Part 2 of this Bylaw for which a development permit
may be issued with or without conditions by the Development Authority at its discretion upon application
having been made to the development authority if the proposed use conforms with this Bylaw.
Use, Non-conforming, in accordance with the Municipal Government Act, means a lawful specific use:
(a) being made of land or a building or intended to be made of a building lawfully under construction, at
the date of a Land Use Bylaw or any amendment thereof, affecting the land or building, becomes
effective; and
(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or in
the case of a building under construction will not comply with the Land Use Bylaw.
Use, Permitted means those uses as prescribed in Part 2 of this Bylaw for which a development permit
shall be issued with or without conditions by the Development Authority upon application having been
made to the Development Authority if the proposed use conforms to this Bylaw.
Use, Principal means the main purpose or primary activity for which a site or its buildings are designed,
arranged, developed or intended, or for which it is occupied or maintained.
Use, Similar means a use of land or building(s) for a purpose that is not provided in any district designated
in this Bylaw, but is deemed by the Development Authority to be similar in character and purpose to
another use of land or buildings that is included within the list of uses prescribed for that district.
Utility means any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) waterworks systems (facilities for the storage, transmission, treatment, distribution or supply of
water);
(c) sewage systems (facilities for the collection, treatment, movement of disposal of sanitary sewage);
(d) storm sewage drainage facilities;
(e) telecommunications systems;
(f)
systems for the distribution of artificial light or electric power;
(g) facilities used for the storage of telephone, cable, remote weather stations or internet infrastructure;
and
(h) any other things prescribed by the Lieutenant Governor in Council by regulation;
but does not include those systems or facilities referred to in subclause (a) through (g) that are exempted
by the Lieutenant Governor in Council by regulation. Within the context of this definition, "Public Utility"
means a utility that is owned or operated by some level of government, and "Private Utility" means the
utility is owned or operated by a non-government entity, private company, publicly traded company or
utility agency.
Town of Picture Butte Land Use Bylaw No. 841-15
PART 6 | 19
V
Veterinary clinic refers to a medical facility which treats animals of all sizes and can consist of inside and
outside pens.
Veterinary clinic, Large animal means a facility for the medical treatment of primarily large animals (e.g.
typically horse, cows, hogs, etc.) but may treat animals of all sizes and can consist of inside and outside
pens and may include associated office space and the supplementary sale of associated products.
Veterinary clinic, Small animal means a facility for the medical treatment of small animals (e.g. typically
domestic household pets such as dogs, cats, rabbits, etc.) and includes the provision for their overnight
accommodation within the building only, and may include associated office space, with no provision for
outside pens or cages. This use may include off-site treatment of animals or livestock of any size and the
supplementary sale of associated products.
W
Waiver means the variance of the regulatory sections contained in the Land Use Bylaw.
Warehousing means the use of a building for the storage of materials, products, goods and merchandise.
Welding means a business engaged in the fabrication, assembly or repair of machinery or equipment by
heating materials to a fluid state and uniting or consolidating them at a common point known as a weld.
Window sign means a sign permanently or temporarily applied directly to the inside surface of a window
and intended to be viewed from the outside.
Workshop means a small establishment where manufacturing or craftwork is carried on by an individual
or proprietor with or without helpers or power machinery.
Y
Yard means a part of a lot upon or over which no building or structure other than a boundary fence is
erected, unless otherwise hereinafter permitted. Refer to other yard definitions for front, rear and side
yard.
NOTE:
All other words and expressions, not otherwise defined, have the same meaning
assigned to them in the Municipal Government Act.
Appendix A
Fees
Town of Picture Butte Land Use Bylaw No. 841-15
Appendix A
Appendix A
Fees
This Appendix of fess may be updated from time to time as per a separate Fee Schedule Bylaw as approved
by Council. In all instances, the most recent adopted Fee Schedule Bylaw shall apply.
Amended by Council January 11, 2016:
Fee Schedule
Permitted
Uses
Permitted Use
Requesting
Waiver up to
10%
Discretionary Use or
Use Requesting
Waiver Greater than
10%
Fee for undertaking
development without
an approved
development permit
Residential:
Dwellings (any up to 4 units)
$100
$150
$200
$1000
Additions
$75
$100
$200
$750
Garages (Accessory Buildings)
$75
$100
$200
$500
Accessory Buildings / Structures
100 sq. ft. or greater (excluding
garages) and decks
$50
$150
$200
$500
Home Occupations Type A
$75
$100
$150
$500
Home Occupations Type B
$100
$150
$200
$750
Multi-unit more than 4
$150
$200
$300
$1000
Secondary Suites
$150
$200
$300
$750
Commercial:
Change of Use
$100
$200
$300
$1000
Accessory Buildings / Structures
100 sq. ft. or greater (excluding
garages)
$75
$100
$200
$500
Commercial buildings
$200
$250
$300
$2000
Multi-tenancy buildings or
complexes
$300
$350
$400
$2000
Additions to buildings
$100
$150
$250
$750
Industrial:
Change of Use
$150
$250
$300
$1000
Accessory Buildings / Structures
100 sq. ft. or greater (excluding
garages)
$75
$100
$200
$500
Single tenancy buildings
$200
$250
$300
$2000
Multi-tenancy buildings or
complexes
$300
$350
$400
$2000
Additions to buildings
$100
$150
$250
$750
Appendix A
Town of Picture Butte Land Use Bylaw No. 841-15
Fee Schedule
Permitted
Uses
Permitted Use
Requesting
Waiver up to
10%
Discretionary Use or
Use Requesting
Waiver Greater than
10%
Fee for undertaking
development without
an approved
development permit
All other uses
$200
$250
$300
$1000
Sign Permit: Sign Type 1
$50
$100
$150
$400
Sign Type 2
$100
$150
$200
$500
Demolition Permit:
$50
Recirculation Fee:
50% of the original application fee
Land Use Bylaw Amendments:
$500
Other Statutory Plans and Amendments To:
$500
Request to convene a special meeting of the Municipal Planning Commission:
$300
Appeal to the Subdivision and Development Appeal Board:
$350
Additional and separate fees will be required for building permits and inspections.
Whenever an application is received for a development or use not listed in this schedule, the amount of the fee shall be
determined by the Designated Officer or the Municipal Planning Commission and shall be consistent with those fees listed herein.
Fees are set by Council may be adjusted from time to time.
Appendix B
Forms
Page 1 of 5
FOR OFFICE USE ONLY
Date of Application:
Development Permit
Application No.
Date Deemed
Complete
Tax Roll No.
IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a permit has been issued by the
Development Authority. If approval has not been received within 40 days of the date the application is deemed complete, you have the
right to file an appeal to the Subdivision and Development Appeal Board.
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT INFORMATION
Name of Applicant
(please print):
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
Municipality:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
Municipality:
Postal Code:
LAND USE BYLAW NO. 841-15
Town of Picture Butte
Box 670, Picture Butte, AB T0K 1V0
R E S I D E N T I A L
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
IF "NO" please complete box below
Page 2 of 5
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
Existing use of parcel:
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new dwelling
The dwelling is a:
Single-detached site built dwelling
Single-detached manufactured dwelling - Type 1
Single-detached ready-to-move
2-unit dwelling
Multi-unit - please specify the number of dwelling units ________________
Other
Locate a single-detached manufactured dwelling - Type 2
Unit serial #
Make
Model
Age of dwelling
Alter/renovate the existing building
The renovation is a:
Addition
Attached garage
Deck(s)
Secondary suite
Other
Construct an accessory building / structure
The accessory building is a:
Garage (detached)
Shed/workshop
Other
Moved-in dwelling
Demolish existing building (attach completed Demolition Form)
Other
Page 3 of 5
Describe the proposed use, any changes from existing use, and any work to be done.
BUILDING REQUIREMENTS
Principal Building
Accessory Building
Office Use
Parcel Size
m2
ft2
m2
ft2
Building Size
m2
ft2
m2
ft2
Height of Building
m
ft.
m
ft.
Proposed Setbacks from Property Lines
Front
m
ft
m
ft
Rear
m
ft
m
ft
Side
m
ft
m
ft
Side
m
ft
m
ft
Parcel Type: Interior Lot Corner Lot
Details of VEHICLE PARKING and ACCESS:
Show location and number of all existing and proposed parking spaces, loading spaces and driveways on the
PLOT PLAN.
Details of EXTERIOR BUILDING FINISH:
Describe the type(s) ________________________________ and colour(s) ___________________________
of all material used to finish the existing and proposed structure exteriors.
Details of SERVICES: Indicate as follows: (A) = available (R) = required
( ) water ( ) sewer ( ) septic field ( ) natural gas ( ) electricity ( ) telephone
Page 4 of 5
ABANDONED WELL INFORMATION
This applies to developments that require a new permit from the municipality for:
-
new buildings larger than 500 sq. ft. (47 m2), or
-
additions to buildings that will result in the building being this size or larger.
If your development proposal fits the criteria above, you are required to do the following:
1.
Obtain map and well information
Please go to the ERCB's Abandoned Well Viewer (viewer) on the ERCB website at www.ercb.ca. The viewer will provide
a map identifying all recorded abandoned well surface locations in the selected area and list any additional details that
are available, including the licensee(s) of record and the latitude and longitude of each well's surface location.
If you do not have Internet access or have questions about the information provided by the viewer, you may contact:
-
the ERCB Customer Contact Centre by telephone at: 1-855-297-8311 (toll-free), or
-
by e-mail at: Inquiries@ercb.ca, or
-
the ERCB Information Services by mail at: Suite 1000, 250 - 5 Street SW, Calgary, Alberta T2P 0R4.
2. Submit the following as part of your development permit application
-
the ERCB information, including a map of the search area from the viewer and a statement that there are no wells
in the project area or a list and map identifying the location of abandoned wells within the search area (including
the surface coordinates, as provided by the viewer or ERCB Information Services); and
-
if an abandoned well is present, a detailed site plan must be provided that accurately illustrates the actual well
location (i.e. latitude, longitude) on the subject parcel as identified in the field and the setback established in the
ERCB Directive 079 (a minimum 5 m radius around the well) in relation to existing or proposed building sites.
If there is an abandoned well located in the area of the proposed surface development, the applicant is advised to
contact the well licensee of record for any additional information that may be needed or to physically locate the well,
and to discuss the proposed development and abandoned well issue in more detail.
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Picture Butte.
Page 5 of 5
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications for new buildings or exterior changes to
existing buildings. This is not an exhaustive list and the Designated Officer may request additional information that is
required to assess the application.
Copy of Site Plan. Site plan shall provide the following information:
(May be provided on a survey plan or sketch)
Legal description and municipal address of subject property
Scale and north arrow
Adjacent roadways and lanes
Lot dimensions, lot area, and percentage of lot coverage for all structures
Existing residence and/or any other buildings with dimensions of foundation and projections including decks
Proposed residence and/or any other buildings with dimensions of foundation and projections including decks
The proposed distances from the foundation of the building to the front, side, and rear property lines
Location of lot access, existing sidewalk(s) and curbs
Location of any registered utility right of ways or easements
Location and number of off-street parking spaces
Copy of Building Plans. Plans shall be to scale and contain the following information:
Scale and dimensions of exterior walls and interior rooms
Floor plan of all living space proposed to be developed
Building elevations including front, sides, and rear elevations, building height (from finished grade), roofing
material, and roof pitch
Copy of map or additional information from the ERCB regarding location of abandoned wells.
If applicant is not the registered owner, a written statement (or this application) signed by the registered owner
consenting to this application.
Application fee payable to the Town of Picture Butte.
Security or performance bond if required by the Town of Picture Butte (for prefabricated [manufactured]
dwellings, moved-in buildings, etc.).
T O W N O F P I C T U R E B U T T E
R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Page 1 of 5
FOR OFFICE USE ONLY
Date of Application:
Development Permit
Application No.
Date Deemed
Complete
Tax Roll No.
IMPORTANT NOTICE: This application does not permit you to commence construction until such time as a notice of decision has been
issued by the Development Authority. If a decision has not been received within 40 days of the date of application and no extension
agreement has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and
Development Appeal Board.
THIS DOES NOT CONSTITUTE A BUILDING PERMIT.
A SEPARATE BUILDING PERMIT MUST BE OBTAINED BEFORE CONSTRUCTION BEGINS.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
Municipality:
Fax:
Postal Code:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
Municipality:
Postal Code:
IF "NO" please complete box below
LAND USE BYLAW NO. 841-15
Town of Picture Butte
Box 670, Picture Butte, AB T0K 1V0
N O N - R E S I D E N T I A L
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Page 2 of 5
PROPERTY INFORMATION
Municipal Address of
Development:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
Existing use of parcel:
DEVELOPMENT INFORMATION
This application is to: (Check all that apply)
Construct a new building
The building is for:
Commercial Use
Industrial Use
Public/Institutional Use
Other, specify _______________________________________
Alter/renovate the existing building
Construct an accessory building
Demolish existing building (attach completed Demolition Form)
Change or intensification of use (e.g. new type of business in existing building)
Describe the proposed use, any changes from existing use, and any work to be done.
Page 3 of 5
BUILDING REQUIREMENTS
Principal Building
Accessory Building
Office Use
Parcel Size
m2
ft2
m2
ft2
Building Size
m2
ft2
m2
ft2
Height of Building
m
ft
m
ft
Proposed Setbacks From Property Lines
Front
m
ft
m
ft
Rear
m
ft
m
ft
Side
m
ft
m
ft
Side
m
ft
m
ft
Parcel Type: Interior Lot Corner Lot
Details of VEHICLE PARKING and ACCESS:
Show location and number of all existing and proposed parking spaces, loading spaces and driveways on the
PLOT PLAN.
Details of EXTERIOR BUILDING FINISH:
Describe the type(s) ________________________________ and colour(s) ___________________________
of all material used to finish the existing and proposed structure exteriors.
Details of SERVICES: Indicate as follows: (A) = available (R) = required
( ) water ( ) sewer ( ) septic field ( ) natural gas ( ) electricity ( ) telephone
ABANDONED WELL INFORMATION
This applies to developments that require a new permit from the municipality for:
-
new buildings larger than 500 sq. ft. (47 m2), or
-
additions to buildings that will result in the building being this size or larger.
If your development proposal fits the criteria above, you are required to do the following:
1.
Obtain map and well information
Please go to the ERCB's Abandoned Well Viewer (viewer) on the ERCB website at www.ercb.ca. The viewer will provide
a map identifying all recorded abandoned well surface locations in the selected area and list any additional details that
are available, including the licensee(s) of record and the latitude and longitude of each well's surface location.
If you do not have Internet access or have questions about the information provided by the viewer, you may contact:
-
the ERCB Customer Contact Centre by telephone at: 1-855-297-8311 (toll-free), or
-
by e-mail at: Inquiries@ercb.ca, or
-
the ERCB Information Services by mail at: Suite 1000, 250 - 5 Street SW, Calgary, Alberta T2P 0R4.
Page 4 of 5
2.
Submit the following as part of your development permit application
-
the ERCB information, including a map of the search area from the viewer and a statement that there are no wells
in the project area or a list and map identifying the location of abandoned wells within the search area (including
the surface coordinates, as provided by the viewer or ERCB Information Services); and
-
if an abandoned well is present, a detailed site plan must be provided that accurately illustrates the actual well
location (i.e. latitude, longitude) on the subject parcel as identified in the field and the setback established in the
ERCB Directive 079 (a minimum 5 m radius around the well) in relation to existing or proposed building sites.
If there is an abandoned well located in the area of the proposed surface development, the applicant is advised to
contact the well licensee of record for any additional information that may be needed or to physically locate the well,
and to discuss the proposed development and abandoned well issue in more detail.
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Picture Butte.
Page 5 of 5
DEVELOPMENT APPLICATION SUBMISSION REQUIREMENTS
The following items shall be attached to all Development Permit Applications for new buildings or exterior changes to
existing buildings. This is not an exhaustive list and the Designated Officer may request additional information that is
required to assess the application.
Copy of Site Plan. Site plan shall provide the following information:
(May be provided on a survey plan or sketch)
Legal description and municipal address of subject property
Scale, north arrow and land use district
Adjacent roadways and lanes
Lot dimensions, lot area, and percentage of lot coverage for all structures
Any buildings with dimensions of foundation and projections
The proposed distance from the front, side, and rear property lines
Location of lot access, existing sidewalk(s) and curbs
Number and location of parking spaces, both on and off-street
Location of any registered utility rights-of-way and easements
Landscaping plan
Lighting plan
Location of fire hydrant, street light, power/telephone/cable pedestal(s) (if located within property
frontage)
Copy of Building Plans. Plans shall be to scale and contain the following information:
Scale and dimensions of exterior walls and interior rooms
Floor plan of the space proposed to be developed
Building elevations including front, sides, and rear elevations, building height (from finished grade),
roofing material, and roof pitch
Copy of map or additional information from the ERCB regarding location of abandoned wells.
If applicant is not the registered owner, a written statement (or this application) signed by the registered
owner consenting to this application.
Application fee payable to the Town of Picture Butte.
Security or performance bond if required by the Town of Picture Butte (for moved-in buildings, etc.).
T O W N O F P I C T U R E B U T T E
N O N - R E S I D E N T I A L D E V E L O P M E N T P E R M I T A P P L I C A T I O N
Page 1 of 3
LAND USE BYLAW NO. 841-15
Town of Picture Butte
Box 670, Picture Butte, AB T0K 1V0
H O M E O C C U P A T I O N
D E V E L O P M E N T P E R M I T A P P L I C A T I O N
FOR OFFICE USE ONLY
Date of Application:
Development Permit
Application No.
Date Deemed
Complete
Tax Roll No.
IMPORTANT NOTICE: This application does not permit you to operate the business until such time as a notice of decision has been issued
by the Development Authority. If a decision has not been received within 40 days of the date of application and no extension agreement
has been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and Development Appeal
Board.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
Municipality:
Fax:
Postal Code:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
Municipality:
Postal Code:
IF "NO" please complete box below
Page 2 of 3
PROPERTY INFORMATION
Municipal Address of
Home Occupation:
Legal Description:
Lot(s)
Block
Plan
BUSINESS DESCRIPTION
(1) Describe the primary function of your business. What goods and/or services are provided? Attach an
additional sheet describing the business.
(2) Is there another home occupation already operating out of the residence?
Yes
No
(3) Where will the business operate from?
In-home
Accessory building
(4) How will you interact or do business with your clients or customers?
In person. Clients/customers will come to the residence. On average, how many clients will come to the
residence?
Less than 1 per day
1-5 per day
More than 5 per day
Remotely. Clients/customers will not be coming to the residence but will only be in contact by:
Phone
Fax
Mail
Courier
Internet/Email
(5) How many on-site parking spaces for any client visits, deliveries, etc. will be available?
(6) What will the days of operation be?
Mon-Fri
Weekends
7 days/wk
Part-time
(7) What will be the hours of operation?
____________________________________________________
(8) Will there be any employees that are not residents of the dwelling?
Yes
No
If YES:
How many employees will come to the residence?
Will more than 1 employee come to the residence at a time?
Yes
No
(9) Will there be any equipment or materials stored outside the dwelling that will be used in conjunction with
the business?
Yes (list materials & quantities)
No
(10) Will any vehicles/machinery/tools be used to operate the business? Please list.
(11) Will there be any flammable or hazardous materials on the premises as a result of the business?
Yes (list materials & quantities)
No
(12) Will any goods be displayed at the residence?
Yes
No
(13) Will there be a sign for the business?
Yes
No
Page 3 of 3
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Home Occupation. I also consent to an authorized person designated by the municipality to
enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
________________________________________________
______________________________________________
APPLICANT
Registered Owner (if not the same as applicant)
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Picture Butte.
Page 1 of 2
FOR OFFICE USE ONLY
Date of Application:
Sign Permit
Application No.
Date Deemed
Complete
Tax Roll No.
IMPORTANT NOTICE: This application does not permit you to install the sign until such time as a notice of decision has been issued by the
Development Authority. If a decision has not been received within 40 days of the date of application and no extension agreement has
been entered into, you have the right to deem the application refused and file an appeal to the Subdivision and Development Appeal
Board.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
City:
Fax:
Postal Code:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ______________________________
City:
Postal Code:
SIGN INFORMATION
TYPE OF WORK:
New Permanent Sign
Changes to Existing Sign
Temporary Sign
Sign Location (Civic Address):
Are there any other signs at this location?
Yes No
If yes, please state how many: ______________________________
LAND USE BYLAW NO. 841-15
Town of Picture Butte
Box 670, Picture Butte, AB T0K 1V0
S I G N D E V E L O P M E N T P E R M I T A P P L I C A T I O N
IF "NO" please complete box below
Page 2 of 2
SIGN TYPE*:
Temporary
Canopy
Window
Freestanding
Fascia
Mural
Projecting
Other
**Billboard signs are not permitted in the
Town
PROJECTION STYLE:
Mark any or all that apply
Lettering / logo
Manual changeable lettering
content
Electronic changeable lettering
content
Animation
Movement / rotation
ILLUMINATION:
Mark any or all that apply
No illumination
Direct illumination
Internal illumination
Flashing
Office Use
Length of Sign:
m2
ft2
Height of Sign:
m2
ft2
Sign Face Area (length x height):
m
ft
Top of Sign Height:
from Grade:
m
ft
from Roof:
m
ft
If the sign is only for temporary use:
For how many days is the sign proposed to be displayed?
Is the sign a portable sign type Yes, or Other (describe)
_____________ days
___________________________________________
SITE PLAN
**Please attach a plan drawn to a suitable scale and photographs, if available, illustrating:
Location of all existing and proposed sign(s) on the property
Size, height, and other dimensions of the proposed sign(s), including any supporting structures
Details of sign content (wording, lettering, graphics, colour and design scheme, materials, etc.)
Location of the property boundaries of the parcel upon which the proposed sign(s) are to be located
Setbacks from property lines of proposed sign(s) and existing building(s)
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Sign.
APPLICANT
Registered Owner (if not the same as applicant)
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Picture Butte.
Page 1 of 3
D E M O L I T I O N P E R M I T A P P L I C A T I O N
FOR OFFICE USE ONLY
Date of Application:
Application No.
Date Deemed
Complete
Tax Roll No.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
Municipality:
Fax:
Postal Code:
PROPERTY INFORMATION
Municipal Address of
Development:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
Existing use:
DEMOLITION/REMOVAL INFORMATION
A development permit is required to demolish or remove a building or structure from a site. The demolition/removal
permit process ensures that buildings are dismantled and removed in a safe manner and that the land will be left in a
suitable state after removal. The following is not an exhaustive list and the Designated Officer may request additional
information that is required to assess the application.
STRUCTURES TO BE REMOVED
Description of Building/Structure(s)
LAND USE BYLAW NO. 841-15
Town of Picture Butte
Box 670, Picture Butte, AB T0K 1V0
Page 2 of 3
Type of Work
Removal to another site (no demolition)
Demolition of building/structure
Building/Structure Size
m2
ft2
Height of Building
m
ft
# of storeys
DEMOLITION PLAN
Timeframe
Expected start date:
Expected completion date:
Method of Demolition
Manual (no heavy
equipment)
Using heavy
equipment
Other - please
explain
Dump/Landfill Site
Location
**Note:
Construction debris should be dumped in an approved certified site whenever possible. If that is not possible,
approval must be obtained from Alberta Environment.**
Name of Contractor responsible for removal/demolition
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application for a Development Permit. I also consent to an authorized person designated by the municipality
to enter upon the subject land and buildings for the purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Picture Butte.
Page 3 of 3
APPLICANT IS RESPONSIBLE FOR:
Disconnection of all services including (if applicable):
Signature from agency verifying services disconnected (or attach letter):
Electrical power
Natural gas
Oil lines
Telephone cables
Communications cables (includes cable TV)
Water lines
Storm & sanitary sewer
Septic (if applicable)
On-site consultation with Public Works Director. The applicant shall schedule a consultation with the Public
Works Director a minimum of 48 hours prior to demolition or removal commencing to determine the state of
affected public property.
Final plan for property after building removed or demolished and reclamation complete. As applicable:
Copy of grading plans if property will be vacant after removal or demolition
Complete development application for new development where building is being replaced
A completed Development Application. This form shall accompany a complete development application with
the consent of the registered owner and any other required documentation.
Application Fee and any applicable deposit or security required payable to the Town of Picture Butte.
**NOTE:
A building permit is also required before proceeding with demolition.
LAND USE BYLAW NO. 841-15
Town of Picture Butte
Box 670, Picture Butte, AB T0K 1V0
Page 1 of 3
FOR OFFICE USE ONLY
Date of Application:
Bylaw No.
Date Deemed
Complete
IMPORTANT NOTE: Although the Designated Officer is in a position to advise on the principle or details of any proposals,
such advice must not be taken in any way as official consent.
APPLICANT INFORMATION
Name of Applicant:
Mailing Address:
Phone:
Phone (alternate):
Municipality:
Fax:
Postal Code:
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other ________________________
Municipality:
Postal Code:
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
OR Quarter
Section
Township
Range
A P P L I C A T I O N F O R A
L A N D U S E B Y L A W A M E N D M E N T
A refusal is not appealable and a subsequent application for amendment involving the same lot
and/or the same or similar use may not be made for at least 6 months after the date of refusal.
IF "NO" please complete box below
Page 2 of 3
AMENDMENT INFORMATION
What is the proposed amendment?
Text Amendment
Land Use Redesignation
For text amendments to the Land Use Bylaw, attach a description including:
-
The section to be amended;
-
The change(s) to the text; and
-
Reasons for the change(s).
Current Land Use Designation:
Proposed Land Use Designation
(if applicable):
Map Attached
Section 51 of the Land Use Bylaw regulates the information required to accompany an application for redesignation. Please
attach a descriptive narrative detailing:
-
the proposed designation and future land use(s);
-
if and how the proposed redesignation is consistent with applicable statutory plans;
-
the compatibility of the proposal with surrounding uses and zoning;
-
the development suitability or potential of the site, including identification of any constraints and/or hazard
areas (e.g. easements, soil conditions, topography, drainage, etc.);
-
availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police
protection, schools, etc.) to serve the subject property while maintaining adequate levels of service to existing
development; and
-
Any potential impacts on public roads.
In addition to the descriptive narrative, an Area Structure Plan or Conceptual Design Scheme may be required in
conjunction with this application where:
-
redesignating land from Urban Reserve to another district;
-
multiple parcels of land are involved;
-
several pieces of fragmented land are adjacent to the proposal;
-
internal public roads would be required;
-
municipal services would need to be extended; or
-
required by Council or the Subdivision and Development Authority.
The Designated Officer or the Subdivision and Development Authority may also require a:
-
geotechnical report; and/or
-
evaluation of surface drainage and any other information
if deemed necessary.
IF TEXT AMENDMENT:
IF LAND USE REDESIGNATION:
Page 3 of 3
SITE PLAN
Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted in duplicate
with this application, together with a plan sufficient to identify the land. It is desirable that the plans and drawings should
be on a scale appropriate to the development. However, unless otherwise stipulated, it is not necessary for plans and
drawings to be professionally prepared. Council may request additional information.
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts in
relation to the application. I also consent to an authorized person designated by the municipality to enter upon the subject
land and buildings for the purpose of an inspection during the processing of this application.
IMPORTANT: This information may also be shared with appropriate government/other agencies and may also be kept on
file by those agencies. The application and related file contents will become available to the public and are subject to the
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
APPLICANT
Registered Owner (if not the same as applicant)
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Picture Butte.
Page 1 of 4
FOR OFFICE USE ONLY
Date of Application:
Date Deemed
Complete
Land Use District
(zone)
APPLICANT INFORMATION
Name of Applicant
(please print):
Phone (primary):
Mailing Address:
Phone (alternate):
Fax:
City:
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
Is the applicant the owner of the property?
Yes
No
Name of Owner:
Phone:
Mailing Address:
Applicant's interest in the property:
Agent
Contractor
Tenant
Other _______________________________
City:
Postal Code:
PROPERTY INFORMATION
Municipal Address:
Legal Description:
Lot(s)
Block
Plan
Land Use District:
What is the existing use?
LAND USE BYLAW NO. 841-15
Town of Picture Butte
Box 670, Picture Butte, AB T0K 1V0
T E L E C O M M U N I C A T I O N S I T I N G P R O T O C O L
A P P L I C A T I O N & C H E C K L I S T
IF "NO" please complete box below
Page 2 of 4
DETAILS OF THE PROPOSED DEVELOPMENT
What currently exists on the parcel?
What will the tower/antenna be used for?
Are there any other antenna towers located within 800 metres (0.5 miles) of the subject proposal? (If yes, describe
what the other tower is used for, who the operator is, and provide a map identifying the location.)
Is Co-utilization with existing antenna systems proposed? If not, explain why not.
TOWER SIZE
Overall tower height ___________________ m ft
Commencement Date: ___________________
DECLARATION OF APPLICANT/AGENT
The information given on this form is full and complete and is, to the best of my knowledge, a true statement of the facts. I
also consent to an authorized person designated by the municipality to enter upon the subject land and buildings for the
purpose of an inspection during the processing of this application.
APPLICANT
Registered Owner (if not the same as applicant)
The personal information provided as part of this application is collected under section 39 of the Safety Codes Act and sections 303 and 295 of the
Municipal Government Act and in accordance with section 32(c) of the Freedom of Information and Protection of Privacy Act. The information is required
and will be used for issuing permits, safety codes compliance verification and monitoring and property assessment purposes. If you have any questions
about the collection or use of the personal information provided, please contact the Chief Administrative Officer at the Town of Picture Butte.
Page 3 of 4
T O W N O F P I C T U T E B U T T E
T E L E C O M M U N I C A T I O N S I T I N G P R O T O C O L
A P P L I C A T I O N & C H E C K L I S T
TELECOMMUNICATION SITING PROTOCOL CHECKLIST
A COMPLETED APPLICATION REQUIRES:
1. A complete Telecommunication Siting Protocol Application filled out, with the site plan attached
2. A completed checklist
3. Non-refundable application fee
4. Signature of ALL landowners (whose land the proposal will be located on)
5. Any additional information requested by the Development Authority
NOTE: For any proposal which includes uses, buildings or structures in addition to the antenna system, the applicant is
required to obtain a development permit approval for such uses, buildings and structures in accordance with the
provisions of the land use bylaw. In such a case, a separate development permit application must be filled out and
submitted to the town.
CHECKLIST INFORMATION:
-
Failure to complete the Application or supply the required information, plans or fees may cause delays
in application processing.
-
The Development Authority may refuse to accept your application if the required information has not
been supplied or if the quality of the information is inadequate to properly evaluate the application.
-
Once the information has been reviewed, the Town of Picture Butte will either:
o Issue a municipal concurrence letter to the applicant, or
o Issue a letter which outlines the municipality's concerns and/or conditions to the applicant and
Industry Canada.
-
Construction permits may be required for buildings/tower foundations, plumbing, private sewage
systems, and gas or electrical installations.
FEES
A. An administrative fee of $200.00 plus the following additional fees if required (whichever is applicable):
B. Copying and distribution of required notification letters
$1.50/letter
C. Distribution (only) of required notification letters
$1.00/letter
If the applicant can prove that notification to all required adjacent landowners has been done, then no B or C fee is required.
If a special meeting of the Development Authority is requested, there may be additional fees in accordance with the bylaw.
For fees not listed here, please see the full Fee Schedule of the bylaw.
Page 4 of 4
T O W N O F P I C T U T E B U T T E
T E L E C O M M U N I C A T I O N S I T I N G P R O T O C O L
A P P L I C A T I O N & C H E C K L I S T
CHECKLIST
Please attach a description of the project summarizing the information required in the following table.
REQUIREMENT
YES OR NO
SUBMITTED?
YES, NO OR N/A
Co-utilization:
Are there any other such structures within a radius of 800
metres (0.5 miles) of the proposed location?
If YES, please provide a site plan showing the locations of
these and provide documentary evidence that co-
utilization of the existing structure(s) is not a viable
alternative to a second structure.
Stealth Structure Options/Screening:
If this structure will be visible from residential areas stealth
structure options may be required to be used and a
description of the stealth structure options must be
submitted to the satisfaction of the Town.
Lighting and Signage:
Is there additional lighting planned in addition to what is
required by federal agencies? Please provide a description of
all lighting, required or not required.
What signage will be used? Please describe.
(Note: No advertising signage shall be permitted.)
Notification & Public Consultation Process:
All landowners within a distance of 500 m (1,640 ft.) from the
proposed structure must be notified. Please provide a letter
that the Town can circulate on your behalf.
The fee for copying and distributing these letters is
$1.50/letter.
_______ x $1.50/letter = ______ total
The fee for only distributing these letters is $1.00/letter.
_______ x $1.00/letter = ______ total
Plus, an administrative fee of $200.00.
If a special meeting of the Development Authority is
requested, there may be additional fees in accordance with
the Town's fee bylaw.
Appendix C
Telecommunication, Radiocommunication and
Broadcast Antenna Systems and Supporting Structures
(Antenna Systems) Siting Protocol
Town of Picture Butte Land Use Bylaw No. 841-15
Appendix C
TOWN OF PICTURE BUTTE
Appendix C
TELECOMMUNICATION, RADIOCOMMUNICATION AND BROADCAST ANTENNA
SYSTEMS AND SUPPORTING STRUCTURES (ANTENNA SYSTEMS)
SITING PROTOCOL
1.
PURPOSE
This Appendix serves as the protocol for the installation and modification of telecommunication,
radiocommunication and broadcasting antenna systems and supporting structures (antenna systems) in
the Town of Picture Butte. The protocol establishes the procedural standard for public participation and
consultation that applies to proponents of antennas systems and identifies the Town of Picture Butte's
preferred development and design standards.
2.
APPLICABILITY
The federal Minister of Industry is the approval authority for the development and operation of antenna
systems, pursuant to the Radiocommunication Act. Industry Canada recognizes the importance of
considering input from local Land Use Authorities and the public regarding the installation and
modification of antenna systems and encourages Land Use Authorities to establish a local protocol to
manage the process of identifying and conveying concerns, questions and preferences to the proponent
of an antenna system and Industry Canada.
The local protocol established in this Appendix applies to any proposal to install or modify a
telecommunication, radiocommunication or broadcast antenna system and supporting structures within
the Town of Picture Butte which is not excluded from the consultation requirements established by
Industry Canada in Client Procedures Circular CPC-2-03 [or subsequent/amended publications].
Proponents of excluded antenna systems are nevertheless encouraged to contact the Town of Picture
Butte to discuss the proposal and identify any potential issues or concerns and give consideration to the
development and design standards in section 5 of this Appendix.
(a)
Antenna Systems Siting Protocol Exclusion List:
i.
Industry Canada has determined that certain antenna structures are considered to have
minimal impact on the local surroundings and do not require consultation with the local Land
Use Authority or the public. Industry Canada's publication, Radiocommunication and
Broadcast Antenna Systems CPC-2-0-03 lists the types of antenna installations exempted from
the requirement to consult with the local Land Use Authority and the public. The installations
listed in CPC-2-03 are therefore excluded from the Town of Picture Butte Land Use Bylaw,
Appendix A, Telecommunication, Radiocommunication and Broadcast Antenna Systems and
Supporting Structures Siting Protocol, which currently include:
-
maintenance of existing radio apparatus including the antenna system, transmission
line, mast, tower or other antenna-supporting structure;
Appendix C
Town of Picture Butte Land Use Bylaw No. 841-15
-
addition or modification of an antenna system (including improving the structural
integrity of its integral mast to facilitate sharing), the transmission line, antenna-
supporting structure or other radio apparatus to existing infrastructure, a building,
water tower, etc. provided the addition or modification does not result in an overall
height increase above the existing structure of 25% of the original structure's height;
-
maintenance of an antenna system's painting or lighting in order to comply with
Transport Canada's requirements;
-
installation, for a limited duration (typically not more than 3 months), of an antenna
system that is used for a special event, or one that is used to support local, provincial,
territorial or national emergency operations during the emergency, as is removed
within 3 months after the emergency or special event; and
-
new antenna systems, including masts, towers or other antenna-supporting
structure, with a height of less than 15 metres above ground level.
Proponents, who are not certain if their proposed structure is excluded, or whether
consultation may still be prudent, are advised to contact the Town of Picture Butte or Industry
Canada for guidance.
3.
MUNICIPAL REVIEW AND ISSUANCE OF CONCURRENCE OR NON-CONCURRENCE
(a) The Town of Picture Butte's Development Authority (MPC) shall be responsible for reviewing and
issuing municipal concurrence or non-concurrence for all antenna system proposals within the
Town of Picture Butte which are not excluded under section 2 of this Appendix.
(b) Concurrence with a proposal will be measured against the requirements of the applicable land
use district within which the antenna system is proposed, the development and design standards
in section 5 of this Appendix, applicable policies of the Town of Picture Butte Municipal
Development Plan, and consideration of comment received during the public consultation process
(section 7 of this Appendix) and any other matter deemed relevant by the Development Authority:
i.
when a proposal is given a concurrence decision, the proponent will receive a letter of
concurrence from the Development Authority documenting its decision and any
conditions;
ii. when a proposal is given a non-concurrence decision, the proponent will receive a letter
of non-concurrence from the Development Authority describing the reasons for the
decision.
(c) Municipal concurrence does not constitute approval of uses, buildings and structures which
require issuance of a development permit under the land use bylaw. A proposal which includes
uses, buildings or structures in addition to the antenna system, is required to obtain development
permit approval for such uses, buildings and structures in accordance with the provisions of the
land use bylaw.
4.
MUNICIPAL REVIEW PROCESSING PERIOD
(a) Except as provided in subsection (b), the Development Authority will issue a decision of either
concurrence or non-concurrence within 60 days of receiving a complete application package.
Town of Picture Butte Land Use Bylaw No. 841-15
Appendix C
(b) The 60 day processing time period may be extended by the proponent or the Town of Picture
Butte, through mutual consent.
5.
DEVELOPMENT AND DESIGN STANDARDS
Co-utilization of existing antenna systems is the preferred option within the Town of Picture Butte.
However, if co-utilization is not possible, the Town of Picture Butte requests that the following
development and design standards be adhered to:
(a) Public Roadway Setbacks
i.
An antenna system (including any support structures) proposed within town should be
placed no closer than 25 feet (7.62 m) from the property line abutting the public road. A
lesser setback may be considered at the discretion of the Development on a site-specific
basis.
(b) Lighting and Signage
i.
Proponents for antenna structures which are visible from higher density residential areas
may be requested to employ innovative design measures to mitigate the visual impact of
these structures. The proponent shall provide stealth structure options when requested
by the Municipality. Stealth structure options will be based on an evaluation of the
massing, form, colour, material, and other decorative elements, that will blend the
appearance of the facility into and with the surrounding lands.
ii. The placement of signage on antenna systems is not permitted, except where required
by applicable federal agencies.
6.
APPLICATION SUBMITTAL REQUIREMENTS
(a) Proponents are encouraged to contact the Town of Picture Butte in advance of making their
submission to obtain information about the Town's Antenna Systems Siting Protocol and identify
any preliminary issues or concerns.
(b) The following application package shall be submitted to the Town of Picture Butte for
consideration of a proposed antenna system:
i.
a completed Telecommunication Antenna Siting Protocol application, including site plan;
ii. the prescribed fee, as set in the Town of Picture Butte Appendix or Development Permit
Fees;
iii. a description of the type and height of the proposed antenna system and any supporting
structures;
iv. the proposed lighting and aeronautical identification markings for the antenna and any
supporting structures;
v. documentation regarding potential co-utilization of existing towers within 800 metres
(0.5 miles) of the subject proposal; and
vi. any other additional information or material the Development Authority determines to
be necessary and appropriate to properly evaluate the proposed submission.
Appendix C
Town of Picture Butte Land Use Bylaw No. 841-15
(c) Proposals for freestanding telecommunication antennas shall not be required to obtain a
development permit unless buildings or structures are also proposed in addition to the antenna
system and supporting structures. For such proposals, the following shall be submitted in addition
to the requirements of 6(b):
i.
a completed development permit application;
ii. the prescribed fee, as set in the Town of Picture Butte Schedule of development Fees.
7.
NOTIFICATION AND PUBLIC CONSULTATION PROCESS
(a) Upon receipt of an application package, the Development Authority shall review the application
for completeness and, if deemed complete, will:
i.
schedule a date for a public development hearing to be held by the Development
Authority, at which the proposal will be reviewed and comment received regarding the
proposal;
ii. notify the proponent and/or representative of the antenna system of the development
hearing date;
iii. post a notice of the development hearing in a newspaper in accordance with section 32
(1)(b) of the land use bylaw; and
iv. notify by mail persons likely to be affected by the proposal of the development hearing
date in accordance with section 32 of the land use bylaw, including:
a. landowners within 500 m (1,640 ft.) of the proposed antenna system;
b. any review agencies deemed affected, as determined by the Development
Authority;
c. any other persons deemed affected, as determined by the Development
Authority.
d. The notifications must be sent 19 days prior to the public meeting date.
(b) The proponent or a representative of the antenna system(s) proposal should attend the
development hearing and be prepared to explain all aspects of the proposal including the siting,
technology, and appearance of the proposed antenna system.
Appendix D
Planning Bylaws