Town of Pincher Creek Land Use Bylaw No. 1639-25 (Consolidated to Bylaw 1639-25-B, January 2026)
Pincher Creek, Alberta
· No. 1639-25
· summary & facts
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PINCHER CREEK
LAND USE
BYLAW NO.
1639-25
Town of
www.pinchercreek.ca
Consolidated to Bylaw No.
1639-25-B, January 2026
© 2025 Oldman River Regional Services Commission
Prepared for the Town of Pincher Creek
This document is protected by Copyright and Trademark and may not be reproduced or modified in any manner, or for any purpose, except by
written permission of the Oldman River Regional Services Commission. This document has been prepared for the sole use of the Municipality
addressed and the Oldman River Regional Services Commission. This disclaimer is attached to and forms part of the document.
Town of Pincher Creek Land Use Bylaw No. 1639-25 Amendments - Page 1
Town of Pincher Creek Land Use Bylaw No. 1639-25 - Amendments
Bylaw No.
Amendment Description
Legal Description
Passed
1639-25-A
Residential - R1 to Multi-unit Residential R4
Residential - R1 to Parks and Open Spaces - POS
Parks and Open Spaces - POS to Residential - R1
Parks and Open Spaces - POS to Multi-unit Residential -
R4
Portion of Plan Pincher Creek 3818GB Block
"E" containing 12.97 hectares (32.18 acres
more or less; and
Meridian 4, Range 30, Township 6, Section 22
that portion of the east half which lies north
of Pincher Creek as shown on the Township
Plan approved at Ottawa 29 September 1887;
and
Plan 8211483, Block 3, Lot 7MR
26-Jan-2026
1639-25-B
Residential - R1 to Direct Control - DC
Portion of Plan Pincher Creek 3818GB Block
"E" containing 12.97 hectares (32.18 acres
more or less;
26-Jan-2026
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
TABLE OF CONTENTS | 1
TABLE OF CONTENTS
ADMINISTRATION
SECTION 1 PURPOSE AND APPLICATION
SECTION 2 APPROVING AUTHORITIES AND RESPONSIBILITIES
SECTION 3 DEVELOPMENT IN GENERAL
SECTION 4 DEVELOPMENT PERMIT RULES AND PROCEDURES
SECTION 5 ENFORCEMENT
SECTION 6 AMENDMENTS TO THIS BYLAW
SECTION 7 SUBDIVISION
SCHEDULE 1
DEVELOPMENT NOT REQUIRING A PERMIT .................. SCHEDULE 1 |1
SCHEDULE 2
LAND USE DISTRICTS ................................................................ SCHEDULE 2 | 1
SCHEDULE 3
LAND USE DISTRICT REGULATIONS .................................... SCHEDULE 3 | 1
RESIDENTIAL - R1 ........................................................................ SCHEDULE 3 (R1) | 1
MANUFACTURED / MOBILE HOME - R2 ..................................... SCHEDULE 3 (R2) | 1
COUNTRY RESIDENTIAL - R3 ....................................................... SCHEDULE 3 (R3) | 1
MULTI-UNIT RESIDENTIAL - R4 ................................................... SCHEDULE 3 (R4) | 1
DOWNTOWN / RETAIL COMMERCIAL - C1 ................................. SCHEDULE 3 (C1) | 1
HIGHWAY / COMPREHENSIVE COMMERCIAL - C2 ...................... SCHEDULE 3 (C2) | 1
COMPREHENSIVE MIXED-USE - C3 ............................................. SCHEDULE 3 (C3) | 1
GENERAL INDUSTRIAL AND WAREHOUSING - I1 ......................... SCHEDULE 3 (I1) | 1
LIGHT INDUSTRIAL - I2 ................................................................. SCHEDULE 3 (I2) | 1
BUSINESS PARK - I3 ...................................................................... SCHEDULE 3 (I3) | 1
PARKS AND OPEN SPACE - POS .................................................... SCHEDULE 3 (I4) | 1
PUBLIC AND INSTITUTIONAL - PI ................................................. SCHEDULE 3 (PI) | 1
TRANSITIONAL / URBAN RESERVE - TUR ................................. SCHEDULE 3 (TUR) | 1
DIRECT CONTROL - DC ............................................................... SCHEDULE 3 (DC) | 1
Town of Pincher Creek Land Use Bylaw No. 1639-25
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Town of Pincher Creek Land Use Bylaw
SCHEDULE 4
OVERLAY DISTRICTS .................................................................. SCHEDULE 4 | 1
DOWNTOWN CORE OVERLAY - DCO ....................................... SCHEDULE 4 (DCO) | 1
FLOOD DAMAGE REDUCTION OVERLAY - FDR .......................... SCHEDULE 4 (FDR) | 1
SCHEDULE 5
GENERAL STANDARDS OF DEVELOPMENT ..................... SCHEDULE 5 | 1
SECTION 1
Development in General...................................................................... SCHEDULE 5 | 1
SECTION 2
Quality of Development ..................................................................... SCHEDULE 5 | 2
SECTION 3
Building Setbacks ................................................................................. SCHEDULE 5 | 2
SECTION 4
Design and Orientation of Buildings and Structures ........................... SCHEDULE 5 | 2
SECTION 5
Development on Non-conforming Sized Lots ..................................... SCHEDULE 5 | 3
SECTION 6
Corner Lot Visibility ............................................................................. SCHEDULE 5 | 3
SECTION 7
Multiple or Secondary Front Yard Provisions ..................................... SCHEDULE 5 | 4
SECTION 8
Accessory Buildings and Structures .................................................... SCHEDULE 5 | 4
SECTION 9
Accessory Buildings and Structures Lot Coverage Calculations .......... SCHEDULE 5 | 7
SECTION 10
Additions ............................................................................................. SCHEDULE 5 | 8
SECTION 11
Balconies, Verandas and Porches ........................................................ SCHEDULE 5 | 8
SECTION 12
Wheelchair Access Ramps ................................................................... SCHEDULE 5 | 9
SECTION 13
Projections Into Yard Setbacks ........................................................... SCHEDULE 5 | 9
SECTION 14
Decks and Privacy Wall/Screens ....................................................... SCHEDULE 5 | 10
SECTION 15
Fences ............................................................................................... SCHEDULE 5 | 14
SECTION 16
Access and Driveways ........................................................................ SCHEDULE 5 | 17
SECTION 17
Landscaping and Screening .............................................................. SCHEDULE 5 | 20
SECTION 18
Site Lighting ...................................................................................... SCHEDULE 5 | 22
SECTION 19
Refuse Receptacles and Storage........................................................ SCHEDULE 5 | 23
SECTION 20
Construction Hoarding ...................................................................... SCHEDULE 5 | 23
SECTION 21
Hazardous Chemical Storage ............................................................ SCHEDULE 5 | 23
SECTION 22
Mechanical Equipment ..................................................................... SCHEDULE 5 | 23
SECTION 23
Easements ......................................................................................... SCHEDULE 5 | 24
SECTION 24
Off-Street Parking and Loading Requirements .................................. SCHEDULE 5 |25
SECTION 25
Private Utility (Non-municipal) Services ........................................... SCHEDULE 5 | 33
SECTION 26
Municipal Services and Infrastructure ............................................... SCHEDULE 5 | 33
SECTION 27
Drainage, Grading and Stormwater Management ........................... SCHEDULE 5 | 35
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
TABLE OF CONTENTS | 3
SECTION 28
Excavation, Stripping and Grading .................................................... SCHEDULE 5 | 37
SECTION 29
Demolition or Removal of Buildings or Structures ........................... SCHEDULE 5 | 38
SECTION 30
Statutory Plans .................................................................................. SCHEDULE 5 | 39
SECTION 31
Other Municipal or Engineered Plans ............................................... SCHEDULE 5 | 40
SECTION 32
Architectural Controls ....................................................................... SCHEDULE 5 | 40
SECTION 33
Occupancy Permits ........................................................................... SCHEDULE 5 | 41
SECTION 34
Escarpment and Slope Setbacks ....................................................... SCHEDULE 5 | 41
SECTION 35
Mitigation of Impacts ........................................................................ SCHEDULE 5 |42
SECTION 36
Development of Hazard Lands ......................................................... SCHEDULE 5 | 43
SECTION 37
Historic Resources ............................................................................ SCHEDULE 5 | 44
SECTION 36
Setbacks from Abandoned Gas Wells ................................................ SCHEDULE 5 | 44
SCHEDULE 6
USE SPECIFIC STANDARDS OF DEVELOPMENT .............. SCHEDULE 6 | 1
SECTION 1
Accessory Dwelling Unit (Secondary Suites) Standards ..................... SCHEDULE 6 | 1
SECTION 2
Alternative Energy Sources ................................................................. SCHEDULE 6 | 4
SECTION 3
Animal Care/ Kennels / Veterinary Clinics .......................................... SCHEDULE 6 | 4
SECTION 4
Bed & Breakfasts ................................................................................. SCHEDULE 6 | 6
SECTION 5
Breweries, Distilleries & Wineries ...................................................... SCHEDULE 6 | 8
SECTION 6
Cannabis Production Facilities ............................................................. SCHEDULE 6 | 9
SECTION 7
Cannabis Retail Sales ........................................................................ SCHEDULE 6 | 10
SECTION 8
Car and Truck Wash Facilities ........................................................... SCHEDULE 6 | 11
SECTION 9
Childcare Facilities (Day Care) ........................................................... SCHEDULE 6 | 12
SECTION 10
Clustered/Cottage Housing .............................................................. SCHEDULE 6 | 13
SECTION 11
Day Home ......................................................................................... SCHEDULE 6 | 13
SECTION 12
Electrical Vehicle (EV) Charging Stations ........................................... SCHEDULE 6 | 14
SECTION 13
Fabric Covered Storage Structures (Portable Garages) .................... SCHEDULE 6 | 16
SECTION 14
Group Home / Group Care Facilities ................................................. SCHEDULE 6 | 15
SECTION 15
Home Occupations ........................................................................... SCHEDULE 6 | 18
SECTION 16
Industrial Performance Standards .................................................... SCHEDULE 6 | 21
SECTION 17
Manufactured/Mobile Home Dwellings ........................................... SCHEDULE 6 | 22
SECTION 18
Manufactured/Mobile Home Community Standards ....................... SCHEDULE 6 | 24
SECTION 19
Mixed Use / Multi-Use Building or Sites ........................................... SCHEDULE 6 | 29
SECTION 20
Multi-Unit Dwelling Requirements .................................................... SCHEDULE 6 | 31
Town of Pincher Creek Land Use Bylaw No. 1639-25
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Town of Pincher Creek Land Use Bylaw
SECTION 21
Mobile Home Parks Regulations........................................................ SCHEDULE 6 | 33
SECTION 22
Moved-In Building and Dwelling Regulations ................................... SCHEDULE 6 | 33
SECTION 23
Outdoor Storage Yards ..................................................................... SCHEDULE 6 | 35
SECTION 24
Prefabricated Dwellings (New) ......................................................... SCHEDULE 6 | 36
SECTION 25
Ready-to-Move Dwellings (New) ....................................................... SCHEDULE 6 | 37
SECTION 26
Restaurant and Food Service Establishment ..................................... SCHEDULE 6 | 37
SECTION 27
Satellite Dish, Cable, Radio and Television Antennas ....................... SCHEDULE 6 | 38
SECTION 28
Service Stations, Gas Bars, Bulk Fuel Stations .................................. SCHEDULE 6 | 38
SECTION 29
Shipping Containers .......................................................................... SCHEDULE 6 | 40
SECTION 30
Short-Term Rentals ........................................................................... SCHEDULE 6 | 43
SECTION 31
Small Wind Energy Conversion Systems (SWECS) ............................ SCHEDULE 6 | 46
SECTION 32
Solar Collector (Individual) ............................................................... SCHEDULE 6 | 50
SECTION 33
Solar Collector Facilities / Commercial ............................................. SCHEDULE 6 | 51
SECTION 34
Specialty Manufacturing / Cottage Industry .................................... SCHEDULE 6 | 53
SECTION 35
Surveillance / Security Suites ............................................................ SCHEDULE 6 | 53
SECTION 36
Swimming Pools /Hot Tubs (Personal) ............................................ SCHEDULE 6 | 54
SECTION 37
Telecommunication,
Radiocommunication
and
Broadcast
Antenna
Systems (Antena System Protocol) ................................................... SCHEDULE 6 | 54
SCHEDULE 7
ANTENNA SYSTEMS SITING PROTOCOL ............................ SCHEDULE 7 | 1
SCHEDULE 8
DEFINITIONS ................................................................................. SCHEDULE 8 | 1
APPENDIX A:
Forms
Application for a Development Permit - Residential
Application for a Development Permit - Home Occupation/Business
License
Application for a Development Permit - Short-Term Rental
Application for a Development Permit - Non-Residential Commercial/
Industrial
Application for a Sign Permit
Demolition Permit Application Form
Application for Occupancy Permit
Agreement for Time Extension Form
Application for Time Extension (Development)
Application to Appeal/Letter of Appeal
Application for an Amendment to Land Use Bylaw
Application for an Area Structure Plan Approval/Amendment
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
TABLE OF CONTENTS | 5
APPENDIX B:
Fees
APPENDIX C:
Bylaws
Municipal Development and Subdivision Authority Bylaw
Subdivision and Development Appeal Board Bylaw
APPENDIX D:
Signage Bylaw
Town of Pincher Creek Sign Bylaw #1536
ADMINISTRATION
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
ADMINISTRATION | 1
Town of Pincher Creek
LAND USE BYLAW NO. 1639-25
The Council of the Town of Pincher Creek in the Province of Alberta enacts as follows:
BEING A BYLAW OF THE TOWN OF PINCHER CREEK, IN THE PROVINCE OF ALBERTA, TO REGULATE THE
USE AND DEVELOPMENT OF LANDS AND BUILDINGS AND IMPLEMENT THE POLICIES ESTABLISHED IN THE
MUNICIPAL DEVELOPMENT PLAN.
ADMINISTRATION
GENERAL
SECTION 1 PURPOSE AND APPLICATION
1.1
SHORT TITLE
This bylaw may be cited as the "Town of Pincher Creek Land Use Bylaw."
1.2
REPEAL OF FORMER BYLAW
Town of Pincher Creek Bylaw No. 1547 and any amendments thereto are hereby repealed.
1.3
PURPOSE
The purpose of this bylaw is to:
(1)
divide the municipality into districts;
(2)
prescribe and regulate the use(s) for each district, and the intent and purpose for
which land and buildings may be used;
(3)
establish a method for making decisions on applications for subdivision and
development permits and issuing development permits for a development;
(4)
provide the manner in which notice of the issuance of a development permit is to be
given;
(5)
prescribe criteria and standards applicable to land uses as prescribed in the districts;
and
(6)
implement the Town of Pincher Creek Municipal Development Plan and other
statutory plans of the municipality, as may be developed.
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ADMINISTRATION | 2
Town of Pincher Creek Land Use Bylaw
1.4
EFFECTIVE DATE
This bylaw shall come into effect upon third and final reading thereof.
1.5
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.
1.6
COMPLIANCE WITH THE LAND USE BYLAW
(1)
No development, other than those designated in Section 4.2 and Schedule 1 of this
bylaw (Development Not Requiring a Permit), shall be undertaken within the Town
unless a development application has been approved, and a development permit has
been issued; and
(2)
notwithstanding sub-section (1), while a development permit may not be required
pursuant to Section 4.2 and Schedule 1, development shall comply with all regulations
of this bylaw.
1.7
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.
1.8
RULES OF INTERPRETATION
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 Alberta Interpretation Act, Chapter I-8, RSA 2000 as
may be amended from time to time, shall be used in the interpretation of this bylaw. Words
have the same meaning whether they are capitalized or not. The following shall also apply,
regarding the potential for perceived conflicts:
(1)
the written regulations of this bylaw take precedence over any graphic or diagram if
there is a perceived conflict;
(2)
the Land Use Districts Map takes precedence over any graphic or diagram in the
district regulations if there is a perceived conflict; and
(3)
all references to engineering requirements shall be prepared by an engineer
registered with The Association of Professional Engineers and Geoscientists of Alberta
(APEGA).
(4)
All applicable definitions as applied in this bylaw shall be as outlined and as defined in
Schedule 8.
Town of Pincher Creek Land Use Bylaw No. 1639-25
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ADMINISTRATION | 3
(5)
Where there is uncertainty or dispute about the exact location of a boundary of any
district as shown on the Land Use District Map the location shall be determined by the
application of the following rules. Where the district boundary is shown
approximately following:
(a) the centre line of a public roadway, it shall be deemed to follow the centre line
thereof;
(b) the boundary of a lot or parcel of land, the lot or parcel boundary shall be deemed
to be the boundary of the district.
(c) In situations where Council specifically approved a split zoning (land use
designation) to occur on a lot or parcel of land, the measurements on the land use
district amending or adoption map that designated the area of land shall apply.
1.9
MEASUREMENTS AND STANDARDS
All units of measure contained within this Bylaw are expressed in metric (SI) standard form,
with equivalent Imperial measurements and conversions given in parenthesis for
information purposes only. Should there be a discrepancy between the metric and Imperial
units, the metric standards version shall prevail.
1.10
FORMS, NOTICES AND FEES
(1)
For the purposes of administering the provisions of this bylaw, Council may authorize
by separate resolution or bylaw as may be applicable, the preparation and use of such
fee schedules, forms or notices as in its discretion it may deem necessary. Any such
fee schedules, forms or notices are deemed to have the full force and effect of this
Bylaw in execution of the purpose for which they are designed, authorized and issued.
(2)
In any case, where the required fee is not listed in the fee schedule, such fee shall be
determined by the Development Officer or other such Approving Authority as
assigned by Council, and shall be consistent with those fees listed in the schedule for
similar developments.
(3)
If development is commenced without a valid development permit, an additional fee
in the amount prescribed under the current fee schedule, shall be payable upon
application for the development permit.
1.11
APPENDICES
Appendices A, B and C attached hereto are for information purposes only and may be
amended from time to time as it does not form part of the Town of Pincher Creek Land Use
Bylaw.
Appendix D, Signage, is adopted and amended by a separate bylaw but forms part of the
Town of Pincher Creek Land Use Bylaw for the regulations pertaining to signage associated
with parcels of land, buildings, or development applications.
Town of Pincher Creek Land Use Bylaw No. 1639-25
ADMINISTRATION | 4
Town of Pincher Creek Land Use Bylaw
SECTION 2 APPROVING AUTHORITIES AND RESPONSIBILITIES
2.1
DEVELOPMENT AUTHORITY
(1)
The Development Authority is established in accordance with the Municipal
Development and Subdivision Authority Bylaw (Appendix C) and any amendments
thereto, and consists of:
(a) the Municipal Development and Subdivision Authority while exercising
development powers or duties under this bylaw, the Municipal Development and
Subdivision Authority Bylaw (Appendix C), where applicable by resolution of
Council, or as prescribed in the Municipal Government Act, Revised Statutes of
Alberta 2000, Chapter M-26, as amended (MGA);
(b) the Development Officer while exercising development powers or duties under the
Municipal Development and Subdivision Authority Bylaw (Appendix C), this bylaw,
where applicable by resolution of Council, or as prescribed in the MGA;
(c) in the absence of the appointed Development Officer, the following are authorized
to act in the capacity of Development Officer:
(i)
Chief Administrative Officer; or
(ii)
a designate(s) in accordance with the MGA.
(2)
Where the term or reference to Development Authority is made in this bylaw, the term
refers to either the Municipal Development and Subdivision Authority or the
Development Officer being responsible or performing the duty outlined.
(3)
Council, although not forming part of the Development Authority, shall make
development decisions in Direct Control Districts, unless decision making authority has
been specifically delegated by the Direct Control bylaw to the Municipal Development
or Subdivision Authority or the Development Officer under Section 641(3) of the MGA
(refer to subsection 2.2).
DUTIES AND RESPONSIBILITIES OF THE DEVELOPMENT AUTHORITY
2.1.1
Development Officer
(1)
The office of the Development Officer is hereby established, and Council shall by
resolution, appoint one or more Development Officer positions. Council, through this
resolution, may delegate to the CAO the authority to appoint a person to the
Development Officer position.
(2)
The Development Officer is an authorized Designated Officer while only carrying out
development and land use functions or duties for the municipality in accordance with
Sections 210 and 623(b) of the MGA, the Municipal Development and Subdivision
Authority Bylaw (Appendix C) as may be amended from time to time, and this Bylaw.
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(3)
The Development Officer's powers as an authorized Designated Officer, as it relates to
development and land use, shall include:
(a) the duties and responsibilities specified in this Bylaw;
(b) municipal inspections and enforcement in accordance with Section 542 of the MGA;
(c) order to remedy bylaw contraventions in accordance with Section 545 of the MGA;
(d) order to remedy dangers and unsightly property in accordance with Section 546 of
the MGA, and the municipal unsightly premises bylaw;
(e) certification requirements for advertising in accordance with Section 606 of the
MGA;
(f) signature evidence in accordance with Section 630 of the MGA, including signing
the issuance of development permits, decisions (approvals or refusals) and
compliance certificates or letters;
(g) at the direction of council, imposition and collection of a redevelopment levy in
accordance with Section 634 of the MGA;
(h) at the direction of council, notification of the Registrar of Land Titles that the
provisions of the MGA have been complied with and request for the Registrar to
remove a designation of municipal reserve, community services reserve, or
conservation reserve.
(4)
The Development Officer:
(a) shall assist and generally advise the public with respect to the standards and
requirements of the Land Use Bylaw and other pertinent land use regulations or
municipal development requirements;
(b) shall receive all development applications and shall review each application to
ensure that it is complete in accordance with the requirements of this bylaw;
(c) shall collect the fees payable for each development permit application in
accordance with the fees which has been established by resolution of Council;
(d) may require a development permit applicant to supply information other than
prescribed in this bylaw if such information is deemed to be necessary for
consideration of the development application;
(e) may not deem a development application complete until all required information
has been provided and the Development Officer is satisfied that all requirements
have been met;
(f) except as provided in sub-sections (h) and (i), shall consider and decide upon
applications for development permits for:
(i)
permitted uses that comply with this bylaw;
(ii)
permitted uses that request variance(s) as prescribed in Section 4.11;
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ADMINISTRATION | 6
Town of Pincher Creek Land Use Bylaw
(iii)
permitted uses on existing registered lots where the Municipal Development
and Subdivision Authority granted a variance to the minimum lot width,
length and/or area requirements as a part of the subdivision approval of the
lot;
(iv)
stripping and grading, landscaping, fences, walls or other types of enclosures
that comply with this bylaw; and
(v)
demolition, in accordance with the outlined process for demolition;
(g) may, as a condition of issuing a Development Permit, require the applicant to
provide security in the form of a certified cheque, irrevocable Letter of Credit or
other security acceptable to the Development Officer, to ensure the terms and
conditions attached to the Development Permit are carried out;
(h) shall refer any discretionary development application or applications requiring a
variance beyond the jurisdiction of the Development Officer to the Municipal
Development and Subdivision Authority for a decision, and may refer any other
planning or development matter to the Municipal Development and Subdivision
Authority for its review, comment or advice;
(i) shall refer all development permit applications in a Direct Control District to Council
for a decision, unless Council has specifically delegated approving authority to the
Development Officer or the Municipal Development and Subdivision Authority;
(j) shall consider and decide upon requests for time extensions on development permit
applications for permitted uses;
(k) shall keep and maintain, for the inspection of the general public during office hours,
a copy of this bylaw including all amendments, and shall ensure that copies of the
same are available to the general public for a fee which has been established by
resolution of Council;
(l) shall keep on file, and make available for inspection by the general public during
regular office hours, a register of all completed applications for development
permits, including the decisions thereon; and
(m) shall perform any other powers and duties as are specified in this bylaw, the
Municipal Development and Subdivision Authority Bylaw, the MGA, or by resolution
of Council.
2.1.2
Municipal Development and Subdivision Authority
(1)
The Municipal Development and Subdivision Authority may exercise only such powers
and duties as are specified in this bylaw, the Municipal Development and Subdivision
Authority Bylaw as may be amended from time to time, the MGA, or by resolution of
Council;
(2)
the Municipal Development and Subdivision Authority shall be responsible for:
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ADMINISTRATION | 7
(a) considering and deciding upon development permit applications referred to it by
the Development Officer, including all discretionary development applications or
those requiring variances outside the jurisdiction of 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) requiring, when deemed necessary by the MDSA, the applicant to provide security
in the form of a certified cheque, irrevocable Letter of Credit or other security
acceptable to the Commission; and
(e) any other powers and duties as are specified in this bylaw, the Municipal
Development and Subdivision Authority bylaw, the MGA, or by resolution of
Council.
(3)
The Municipal Development and Subdivision Authority, in accordance with the
Municipal Development and Subdivision Authority Bylaw, shall be the designated
Subdivision Authority considering and deciding upon applications for subdivision
approval.
(4)
The Subdivision Authority may, as authorized through the Municipal Development and
Subdivision Authority Bylaw, this bylaw, or by resolution of Council, or through
delegation to the CAO, delegate any of its required subdivision authority powers,
functions, or duties in the processing of subdivision applications to an authorized person
or entity. In respect of this:
(a) the delegation of duties by the Subdivision Authority may include the authorized
person or entity (e.g., agency, commission) being responsible for determining the
completeness of a submitted subdivision application; and
(b) the Subdivision Authority delegate is authorized to carry out the subdivision
application process as described in the Subdivision Application Procedures in
Section 7 of this bylaw.
2.1.3
Subdivision and Development Appeal Board
(1)
The powers, duties and responsibilities of the Subdivision and Development Appeal
Board with respect to this bylaw are those established in the MGA and the Subdivision
and Development Appeal Board Bylaw and any amendments thereto.
(2)
The Subdivision and Development Appeal Board shall consider and decide upon all
appeals concerning subdivision and development decisions and stop orders which
have been properly filed in accordance with this bylaw and the MGA.
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ADMINISTRATION | 8
Town of Pincher Creek Land Use Bylaw
2.2
DUTIES AND RESPONSIBILITIES OF COUNCIL
2.2.1
Council
(1)
Council shall be responsible for considering and deciding upon development permit
applications within any Direct Control district except where the decision making
authority has been delegated to the Municipal Development and Subdivision
Authority or the Development Officer.
(2)
Council shall be responsible for considering and deciding upon requests for time
extensions on subdivision approvals in accordance with section 657 of the MGA.
(3)
Council shall be responsible for considering all proposed bylaw amendments including
land use redesignations, use provisions or development standards, to this bylaw.
SECTION 3 DEVELOPMENT IN GENERAL
3.1
ESTABLISHMENT OF DISTRICTS
(1)
In accordance with section 640 of the MGA, all land within the Town of Pincher Creek is
herein divided into land use districts.
(2)
The boundaries of the districts are delineated on the Land Use Districts Map contained
in Schedule 2 of this bylaw.
(3)
With the exception of particular direct control districts, the defined uses of land or
buildings in each district are classified as follows:
(a)
permitted uses in each district, or
(b)
discretionary uses in each district, and
(c)
specific prohibited uses, although any use not listed as permitted, discretionary
or deemed similar in nature to such uses shall be prohibited.
(4)
A use not defined in this Bylaw, but which is reasonably similar in character and purpose
to a permitted use or discretionary use in that district may be deemed a similar use by
the Development Authority in accordance with Section 3.7.
(5)
Where a perceived error exists on the Land Use Districts Map relating to the assigning of
a Land Use District to a specific lot or portion of the Town, corrective action regarding
the perceived error shall be decided upon by resolution of Council or if Council has
designated such decision making authority to the Development Officer.
(6)
Land identified in an Overlay district shall be subject to the regulations, land uses and
standards as stipulated in the Overlay district which take precedence over any
regulations, land uses and standards prescribed in the underlying land use district. For a
parcel of land only partially affected by an Overlay district, the Overlay rules shall only
apply to the portion of land identified as part of the Overlay.
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3.2
USE OF LAND
A person who develops land or buildings in the Town shall comply with all requirements of
this bylaw including all conditions attached to a development permit if one is required, and
all other applicable federal, provincial, and municipal requirements.
3.3
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
Subdivision Authority or Development Authority, as applicable, may refuse to approve
a subdivision or issue a development permit if the Subdivision Authority or
Development Authority is made aware of or if in their opinion, the site of the
proposed building or use:
(a) does not have safe legal and physical access to a maintained road in accordance
with this bylaw, other municipal requirements or those of Alberta Transportation
and Economic Corridors within the prescribed distance of a highway and
provincial jurisdiction;
(b) creates a situation where vehicular and non-vehicular traffic safety is negatively
impacted;
(c) is located within a future road right-of-way or road alignment,
(d) has a high water table or soil conditions which make the site unsuitable for
foundations or is in a flood zone or flood prone area;
(e) is situated on or adjacent to an unstable slope or area of subsidence;
(f) consists of unconsolidated material unsuitable for building;
(g) does not comply with the requirements of the Regional Plan, Matters Relating to
Subdivision and Development Regulation, MDP, IDP, or any other applicable
statutory plans;
(h) is situated over an active or abandoned oil or gas well or pipeline;
(i) is unsafe due to contamination by previous land uses;
(j) does not meet the minimum setback requirements from a sour gas well or bulk
ammonia storage facility;
(k) does not have adequate municipal water and/or sewer provisions;
(l) cannot adequately contain or convey storm water runoff;
(m) is incompatible with existing and approved uses of neighbouring land;
(n) does not meet lot size and/or setback requirements or any other applicable
standards or requirements of this bylaw, unless variance has been granted in
accordance with Section 4.11 of this bylaw;
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(o) is subject to an easement, caveat, restrictive covenant or other registered
encumbrance which makes it impossible to build on the site; and
(p) any other land use matters deemed relevant by the Development Authority that
may affect the proposed use.
3.4
REGULATION OF DWELLING UNITS ON A LOT
(1)
The municipality may regulate through this bylaw the number, density, and type of
dwellings permissible on a parcel or lot.
(2)
No person shall construct or locate, or cause to be constructed or located, more than
one dwelling unit on a parcel or lot except when permitted by the land use district or
unless authorized by the Development Authority through the issuance of a
development permit.
3.5
NON-CONFORMING LOT SIZES
(1)
Development on an existing registered lot or parcel that does not conform with the
minimum requirements for lot length, width or area specified in the applicable land
use district as per this bylaw, may be permitted at the discretion of the Development
Authority; and
(2)
the Development Officer is authorized to approve development on existing registered
lots or parcels that do not conform to the requirements for lot length, width or area
specified in the applicable land use district as per this bylaw, if a variance was issued
as a part of the subdivision approval of the lot.
3.6
DEVELOPMENT AGREEMENTS
(1)
The Development Authority may require, with respect to a development, the
applicant/developer enter into an agreement with the municipality, pursuant to
section 650(1) of the MGA, to do any or all of the following:
(a) to construct or pay for the construction of a road required to give access to the
development;
(b) to construct or pay for the construction of:
i. a pedestrian walkway system to serve the development, or
ii. pedestrian walkways to connect the pedestrian walkway system serving the
development with a pedestrian walkway system that serves or is proposed to
serve an adjacent development, or both;
(c) to install or pay for the installation of public utilities (other than
telecommunications systems or works as per Schedule 7), that are necessary to
serve the development;
(d) to construct or pay for the construction of:
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i. off-street or other parking facilities; and
ii. loading and unloading facilities;
(e) to pay an off-site levy or redevelopment levy;
(f) to outline the obligations of the developer in developing and servicing the land;
and
(g) to give security to ensure that the terms of the agreement under this section are
carried out.
(2)
The Subdivision Authority may require, with respect to a subdivision that as a condition
of issuing an approval for a subdivision, the applicant enter into an agreement with the
municipality, pursuant to section 655(1) of the MGA.
(3)
An agreement referred to in this section may require the applicant for a development
permit or subdivision approval to oversize improvements in accordance with section
651 of the MGA.
(4)
A municipality may register a caveat under the Land Titles Act with respect to an
agreement under this section against the certificate of title for the land that is the
subject of the development, or for the parcel of land that is the subject of the
subdivision.
(5)
If a municipality registers a caveat under this section, the municipality must discharge
the caveat when the agreement has been complied with.
(6)
As a condition of subdivision approval, all agreements may be registered concurrently
by caveat onto individual lots being created.
(7)
The Developer shall be responsible for and within thirty (30) days of the presentation of
an owing account, pay to the Town all legal and engineering costs, fees, expenses and
disbursements incurred by the Town through its solicitors and engineers for all services
rendered in connection with the preparation, fulfillment, execution and enforcement of
the agreement, unless otherwise agreed to by the Town and stipulated in a
development agreement.
3.7
SIMILAR USES
(1)
Upon receipt of a complete application for a development permit for a use that is not
specifically listed in any land use district, but which may be similar in character and
purpose to other uses of land and structures in the land use district in which such use is
proposed, the Development Officer may classify the use as either similar to a permitted
use or similar to a discretionary use.
(2)
Where a use has been classified similar to a permitted use, the Development Officer
may process the application accordingly as a permitted use or refer the application to
the Municipal Development and Subdivision Authority for a decision. The notice of the
decision shall be subject to Section 4.13 (Notice of Decision).
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(3)
Where a use has been classified similar to a permitted use but waiver requests
exceeding the powers outlined in Section 4.11(2), the Development Officer shall:
(a)
refer the application to the Municipal Development and Subdivision Authority for
a decision; and
(b)
notify adjacent landowners and other persons likely to be affected in accordance
with Section 4.12 (Notification of Adjacent Landowners and Persons Likely
Affected).
(4)
Where a use has been classified similar to a discretionary use the Development Officer
shall:
(a)
refer the application to the Municipal Development and Subdivision Authority for
a decision; and
(b)
notify adjacent landowners and other persons likely to be affected in accordance
with Section 4.12 (Notification of Adjacent Landowners and Persons Likely
Affected).
(5)
Upon referral of an application by the Development Officer for a use that may be similar
in character and purpose to a permitted or discretionary use, the Municipal
Development and Subdivision Authority:
(a)
shall rule whether or not the proposed use is similar to a use in the land use
district in which it is proposed;
(b)
if the proposed use is deemed similar to a use in the land use district in which it is
proposed, the application shall be reviewed as a discretionary use application;
(c)
if the proposed use is not deemed similar to a use in the land use district in which
it is proposed, the development permit shall be refused.
3.8
TEMPORARY USES
(1)
The Development Authority may issue a temporary development permit for a period of
time as deemed appropriate by the Development Authority but not to exceed 24
months for uses that are determined to be temporary in nature. The proposed
temporary use must be either a permitted, discretionary, or deemed similar use in
conformance with the applicable land use district and the development permit shall be
subject to the following:
(a)
the applicant or developer is liable for any costs involved in the cessation or
removal of any development at the expiration of the permitted period;
(b)
the Development Authority may require the applicant to submit an irrevocable
Letter of Credit, certified cheque, or other form of security acceptable to the
Development Authority guaranteeing the cessation or removal of the temporary
use; and
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(c)
any other conditions as deemed necessary.
(2)
The Development Authority may extend the validity of a temporary permit one time for
an additional 12 months.
(3)
Once a temporary permit has expired and is no longer valid, an applicant may not
reapply for the same or similar use on the same parcel for at least 6 months from the
expiration date.
3.9
NON-CONFORMING USES AND BUILDINGS
(1)
If a development permit has been issued on or before the day on which a land use 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 in accordance with the parameters and conditions
detailed in section 643 of the MGA.
(2)
A non-conforming use of land or a building may only be continued in accordance with
the conditions detailed in section 643 of the MGA.
(3)
A non-conforming building may continue to be used but the building may not be
enlarged, added to, rebuilt or structurally altered except:
(a)
to make it a conforming building,
(b)
for routine maintenance of the building, which may include painting, replacing
flooring, reshingling, residing, if the Development Authority considers it
necessary, or
(c)
in accordance with the land use bylaw Section 3.10 that provides minor variance
powers to the Municipal Development and Subdivision Authority for the purposes
of this section.
3.10 NON-CONFORMING VARIANCE POWERS
(1)
In respect of the minor variance powers afforded, the Municipal Development and
Subdivision Authority may allow that the building may undergo structural alterations to
address safety issues if the building is currently habitable, windows or doors may be
upgraded or changed, roofing or shingles replaced, and a new porch, steps, landing,
veranda, or uncovered deck may be attached or added to the building.
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SECTION 4 DEVELOPMENT PERMIT RULES AND PROCEDURES
4.1
DEVELOPMENT PERMITS REQUIRED
(1)
Except as otherwise provided for in section 4.2, no person shall commence a
development unless they have been issued a development permit in respect of the
development in accordance with any terms and/or conditions of a development permit
pursuant to this bylaw; and
(2)
in addition to meeting the requirements of this bylaw, it is the responsibility of the
applicant to ascertain, obtain and comply with all other approvals and licenses that may
be required by other federal, provincial or municipal regulatory departments or
agencies.
4.2
DEVELOPMENT NOT REQUIRING A PERMIT
(1)
Developments not requiring a municipal development permit are listed in Schedule 1.
(2)
This subsection does not negate the requirement of obtaining all required permits, as
applicable, under the Safety Codes Act and any other Provincial or Federal statute.
(3)
This subsection does not negate the requirement of obtaining a business license or
other municipal approval where required.
(4)
If a variance to any measurable standard in this bylaw is required this exemption section
does not apply, and a development permit is required; and
(5)
if there is a question as to whether a development permit is required for a particular
use, the matter shall be referred to the Municipal Development and Subdivision
Authority for a determination.
4.3
DEVELOPMENT PERMIT APPLICATIONS
(1)
All development permit applications shall be made only by the registered owner(s) of
the land or titled unit on which the development is proposed, or if not the registered
owner, then a person or agent who is authorized to act on their behalf, such as a
developer, contractor, land surveyor, engineer, lawyer or property tenant/leasee.
(a) The Development Officer may request written consent be provided by the
registered owner(s) if a person is acting on their behalf.
(2)
Applications submitted to the Development Officer shall include the following
information, unless otherwise indicated by the Development Officer in accordance with
any of the sub-sections in Section 4.3:
(a) a complete signed and dated application form with the required fee;
(b) a description of the proposed development, including a statement of the intended
use of all land, buildings, structures, and finishes or materials to be used;
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(c) a legible site plan showing:
i. north arrow and accurate orientation of all proposed development;
ii. the scale of the plan, to the satisfaction of the Development Authority;
iii. the area and dimensions of the property to be developed;
iv. the presence of any and all abandoned wells; and if, abandoned wells are
present, a professionally prepared plot plan showing the actual well location(s)
in relation to property lines and existing and/or proposed buildings;
v. the locations and external dimensions, including the height1 of all existing
buildings on the site and any buildings to be erected;
vi. location and size of driveways, parking spaces, and accesses;
vii. all front, side and rear yard setback areas with dimensions from buildings or
structures to all property lines; and
viii. any easements on the property that may impact the siting of development.
(d) The Development Officer may accept an application without the provision of a site
plan for proposed developments where the site or land will not be altered or have
new buildings or structures added to it, such as a change in use or home occupation
application.
(e) For new buildings, structures, or additions, the provision of elevation (facade view
of all sides) plans of the building(s) to be constructed.
(f) The provision of floor plans is required for residential dwellings, commercial,
industrial, or institutional buildings, unless otherwise exempted by the
Development Officer.
(g) Any other information, plans, or reports deemed necessary by the Development
Officer to adequately process the application.
(h) In the cases where the proposed development is for commercial, industrial,
institutional, or multiple residential dwelling unit developments on one or more lots
the following additional information is required unless otherwise exempted by the
Development Officer:
i.
schedule of densities which will result from the number of units;
ii.
parking and loading provisions in accordance with bylaw standards;
iii.
access/egress to and from the site;
1 Building Height means the vertical distance between average grade of a lot 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.
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iv.
location of fencing, storage areas and garbage receptacles;
v.
landscaping and site improvement proposals;
vi.
the location of all existing buildings, roads, water bodies and other physical
features of the land and all adjacent properties;
vii.
the location of existing sidewalks and curbs;
viii.
servicing detail plans; and
ix.
the proposed lot grade and site drainage information;
(i) Items (h)(ii) through (ix) are to be illustrated on a comprehensive site plan which
also shall include any proposed phasing of development or illustrate the location of
any future buildings to be sited, etc.
(3)
In accordance with section 4.3(2)(g) other information may include but is not limited to
a lot grading plan, an engineered storm water management plan, engineering reports or
geotechnical investigation results prepared and sealed by a member in good standing of
the Association of Professional Engineers and Geoscientists of Alberta (APEGA) ensuring
that the site is suitable in terms of topography, soil characteristics, flooding, subsidence,
slope stability, erosion, and any other engineering, construction, or servicing detail
information that may be required.
(4)
For any development application, a current copy of the Certificate of Title to the land
showing ownership and encumbrances shall be provided when requested by the
Development Officer.
(5)
As specified in this Bylaw, certain developments or uses as outlined (such as home
occupations, signage, demolition), have their own or supplementary application form
and prescribed information to be provided by an applicant.
(6)
The Development Officer may require security or refundable deposits to be provided as
part of the development permit application submission requirements.
(7)
In cases where architectural controls are in place and applicable to the parcel or unit in
question, the Development Officer may require a copy of the architectural controls to
be provided or request confirmation by the developer of the building or subdivision that
the applicant's proposed development adheres to the covenants.
(8)
The Development Officer may accept an application and make a decision thereon
without any or all of the above information if, at its discretion, the nature of the
development is such that a decision on the application for the proposed development
would not:
(a) unduly interfere with the amenities of the neighbourhood; or
(b) materially interfere with or affect the use, enjoyment or value of neighbouring
parcels of land; and
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(c ) the proposed development conforms with the use prescribed for that land or
building in this bylaw.
4.4
DETERMINATION OF COMPLETE DEVELOPMENT PERMIT APPLICATION
(1)
A Development Officer shall, within 20 days after the receipt of an application for a
development permit in accordance with Section 4.3, determine whether the application
is complete.
(2)
An application is complete if, in the opinion of the Development Officer, the application
contains the applicable fees, documents, and other information necessary to review the
application.
(3)
The commencement of external processing (notifications, advertising, referrals) the
application by the Development Officer is an acknowledgement to the applicant that the
submitted information and application is deemed to be complete.
(4)
The time period referred to in sub-section (1) 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 sub-section (1)
within the time required or agreed to under sub-sections (1) or (4), the application is
deemed to be complete.
(6)
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 4.3. A submittal
deadline for the outstanding documents and information shall be set out in the notice. A
later date may be agreed on between the applicant and the Development Officer in
writing to extend the submission deadline.
(7)
When the Development Officer determines that the information and documents
required to be submitted under sub-section (6) 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.
(8)
If the required documents and information under sub-section (6) have not been
submitted to the Development Officer within the timeframe prescribed in the notice
issued under sub-section (6), 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.
(9)
Despite issuance of a Notice of Completeness under sub-sections (5) or (7), the
Development Authority in the course of reviewing the application may request
additional information or documentation from the applicant that the Development
Authority considers necessary to review the application.
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(10) The MGA 40-day timeframe requiring a decision to be made on a development permit
application by the Development Authority, unless a time extension is entered into,
commences on the date an application is deemed to be complete.
4.5
PERMITTED USE APPLICATIONS
(1)
Upon receipt of a completed development permit application for a permitted use that
conforms with this bylaw, the Development Officer:
(a) shall consider whether a notice should be sent to those listed in Section 4.12 and
shall refer the application where required to do so;
(b) shall issue a development permit with or without conditions, including the provision
of a Development Agreement pursuant to the MGA or this Bylaw; or
(c) may refer the application to the Municipal Development and Subdivision Authority
for a decision.
(2)
Conditions imposed by a Development Officer shall be in consideration of Section 4.10
and shall be reasonable planning-related conditions in order to ensure the proposed use
will comply with provisions of the bylaw, any applicable municipal bylaw, the municipal
development plan or any other statutory plan.
(3)
All applications requesting variances/waivers shall be processed in accordance with
Section 4.11 (Variances (Waivers)).
(4)
An application for a permitted use that is determined by the Development Officer to not
conform with this bylaw may be refused a development permit approval, with the
Development Officer stating the reasons why the proposal is determined to be non-
compliant.
4.6
DISCRETIONARY USE APPLICATIONS
(1)
Upon receipt of a complete development permit application for a discretionary use the
Development Officer shall:
(a) determine completeness of the application and process accordingly in accordance
with Section 4.4;
(b) notify adjacent landowners and other persons likely to be affected in accordance
with Section 4.12 including government departments, referral agencies and the MD
of Pincher Creek; and
(c) refer the application to the Municipal Development and Subdivision Authority for a
decision.
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(2)
After consideration of any response to the notifications of adjacent landowners and
other persons likely to be affected, including the MD of Pincher Creek, government
departments and referral agencies as applicable, compatibility and suitability of the
proposed uses, and any other matters, the Municipal Development and Subdivision
Authority may:
(a) approve a development permit with or without conditions; or
(b) refuse a development permit application, stating reasons.
(3)
The Municipal Development and Subdivision Authority may place any of the conditions
stipulated in Section 4.10 on a development permit for a discretionary use, in addition
to any other conditions necessary to ensure the quality, suitability and compatibility of
the development with other existing and approved uses in the area.
(4)
All discretionary use applications requesting variances/waivers shall be processed in
accordance with Section 4.11 (Variances (Waivers)).
4.7
CHANGE OF USE APPLICATIONS
(1)
A change of use of the buildings or land from existing or previous development shall
require a development permit. In such situations, the following shall apply:
(a) A change of use is applicable, as determined by the Development Officer, where a
developer is proposing to change a previously approved development to a different
use that is materially different, is defined separately in the bylaw as a use, or cannot
be deemed similar in nature to the existing use or is likely to result in a change in
the intensity of use of the land or building.
(b) The new use being proposed for the building or land must be a use that is listed as
either permitted or discretionary, or deemed to be a similar use, in the applicable
land use district.
(c) The proposed change of use development permit must be processed in accordance
with the processing and notification requirements of this bylaw and is subject to the
development standards applicable to the new proposed use.
4.8
APPLICATIONS IN DIRECT CONTROL DISTRICTS
(1)
Upon receipt of a complete application for a development permit in a Direct Control
District, the Development Officer shall:
(a) refer the application to Council for a decision, except where the decision-making
authority has been delegated to the Municipal Development and Subdivision
Authority or the Development Officer; and
(b) notify adjacent landowners and other persons likely to be affected in accordance
with Section 4.12.
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(2)
After considering any response to notifications issued under Section 4.12, Council or
the delegated decision making authority in the Direct Control bylaw may:
(a) approve a development permit with or without conditions; or
(b) refuse to approve the development permit, stating reasons.
4.9
DEMOLITION AND BUILDING REMOVAL
(1)
Any individual who wishes to demolish or remove a building, structure, or utility, but
not including fences or buildings 13.9 m² (150 sq. ft.) or less in size, must make
application to the Development Officer using Form D of Appendix A of this Land Use
Bylaw and paying the prescribed fee.
(2)
Demolition or remove of building or structure applications are processed in the same
manner as a permitted use application and a demolition permit approval may be
issued with or without conditions by the Development Officer, with no notification of
adjacent landowners and persons likely affected required.
(3)
The Development Officer may use its discretion to refer demolition or removal
applications to various utility agencies, government departments, or internal
municipal departments as it determines may be necessary as circumstances warrant.
4.10
DEVELOPMENT PERMIT CONDITIONS
The Development Authority may place any of the following conditions on a development
permit for a permitted or discretionary use:
(1)
require the applicant to enter into a development agreement or deferred servicing
agreement pursuant to the MGA, as prescribed in Section 3.6;
(2)
require the provision of security in the form of a certified cheque, Irrevocable Letter
of Credit, or other security acceptable to the Development Authority to ensure the
terms of the permit approval are carried out;
(3)
require geotechnical investigation results prepared and sealed by a member in good
standing of the Association of Professional Engineers and Geoscientists of Alberta
(APEGA) ensuring that the site is suitable in terms of topography, soil characteristics,
flooding, subsidence, slope stability, erosion and servicing;
(4)
provide professionally prepared Lot Grading plans or engineered Stormwater
Management Plans (including run-off calculations);
(5)
provide engineering, construction, landscaping, or servicing plans or reports including
Underground Utility Plans, Development Site Servicing Plans, Surface Grading Plans
(including road structure), and Water Meter Mechanical Detail, for the development
to the satisfaction of the municipality;
(6)
provide professionally prepared building floor plans, building elevations (facades), or a
full set of building/construction drawing plans;
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(7)
require the alteration of a structure or building size or location to ensure any setback
requirements of this bylaw or the Subdivision and Development Regulation can be
met;
(8)
specify time periods stipulating completion of development;
(9)
require the applicant to provide easements and/or encroachment agreements
required as a result of the development;
(10) stipulate the application of an increased setback to any minimum required setback if
determined to be necessary where an adjacent use may be considered to be
otherwise negatively impacted, and the increased setback would serve to improve the
suitability of the proposed use at the subject location, with consideration for the local
context;
(11) to repair or reinstate, or pay for the repair or reinstatement to original condition, of
any municipal infrastructure, street furniture, curbing, sidewalk, boulevard
landscaping and tree planting that may be damaged or destroyed or otherwise
harmed by development and/or building operations upon the site;
(12) require the installation, repair and/or replacement of the existing water and sewer
utility lines (as approved in compliance with permit conditions), including surface
remediation,
(13) provide a professionally prepared Environmental Impact Assessment;
(14) provide for vehicular and pedestrian access and public utilities;
(15) provide a professionally prepared Traffic Impact Assessment;
(16) specifying or limiting hours or days of operations;
(17) requiring the applicant to obtain any other approval, permit, authorization, consent or
license that may be required to develop or service the affected land;
(18) requirement for a lot, site, building foundation or construction stakeout conducted by
a qualified professional including a Surveyor, certified survey technologist or geomatic
agent;
(19) any measure required to regulate or specify the quality of development, including the
type, colour and finish or materials, or to mitigate potential nuisance factors such as
odours, dust, air particulates, noise, glare, and vibration from a development;
(20) any measure required to ensure compliance with applicable federal, provincial and/or
municipal legislation and approvals; and
(21) any other conditions necessary to ensure compliance with this bylaw, municipal
standards, and any other statutory plans brought into force by the Town of Pincher
Creek.
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4.11
VARIANCES (WAIVERS)
(1)
In accordance with section 640(6) of the MGA, the Development Authority may
decide on a development permit application even though the proposed development
does not comply with this bylaw if, in the opinion of the Development Authority:
(a) the proposed development would not:
(i)
unduly interfere with the amenities of the neighbourhood; or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land; and
(iii)
the proposed development conforms with the use prescribed for that land
or building in this bylaw.
(2)
The Development Officer may only exercise a variance or waiver discretion under
Section 4.11 in respect of the following matters:
(a) granting one minor waiver not exceeding 15 percent of one of the measurable
standards established in this bylaw for a permitted use; or
(b) granting two minor waivers not exceeding a combined total of 10 percent of any
of the measurable standards established in this bylaw for a permitted use;
(c) approval of minor deviations from approved site plans and/or drawings.
(3)
Upon receipt of a complete application for a development permit that does not
comply with this bylaw but in respect of which the Municipal Development and
Subdivision Authority is requested to exercise discretion as outlined in sub-section (1),
the Development Officer shall:
(a) refer the application to the Municipal Development and Subdivision Authority for
a decision; and
(b) notify adjacent landowners and other persons likely to be affected, including the
MD of Pincher Creek, government departments and any other referral agency in
accordance with Section 4.12.
4.12
NOTIFICATION OF ADJACENT LANDOWNERS AND PERSONS LIKELY AFFECTED
(1)
Where notification of adjacent landowners and persons likely affected is required as
set forth in section 640(2) of the MGA and Administration section of this bylaw, the
Development Officer:
(a) shall mail (postal service or electronic) written notice of the application and the
date of Municipal Development and Subdivision Authority meeting at least 12
days (allowing for 7 days mailing and 5 days minimum notice*2) before the
2 Wherever delivery of a notice involves mailing by regular postal service, 7 days must be allowed before it is deemed
to be received in accordance with the Interpretation Act.
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meeting of the Municipal Development and Subdivision Authority to affected
persons including adjacent landowners (as defined in Schedule 8); or
(b) shall hand deliver written notice of the application and meeting date at least 5
days before the meeting of the Municipal Development and Subdivision Authority
to the persons and agencies specified in subsection (1)(a); or
(c) publish a notice of the application and meeting date in a newspaper circulating in
print or online in the municipality, or a Town newsletter, at least 5 days before
the meeting of the Municipal Development and Subdivision Authority; or
(d) post a notice of the application and meeting date online in a conspicuous space
on the Town of Pincher Creek website or social media site(s) at least 5 days before
the meeting of the Municipal Development and Subdivision Authority or as
outlined in an adopted advertising bylaw of the municipality; or
(e) post a notice of the application and meeting date in a conspicuous place on the
property at least 5 days before the meeting of the Municipal Development and
Subdivision Authority to the persons and agencies specified in subsection (1)(a);
or, any combination of the above.
(f) The Development Officer may at their discretion, in addition to the above, also
mail (postal service or electronic) written notice of the application at least 12 days
before the meeting of the Municipal Development and Subdivision Authority to
area landowners who are not immediately adjacent and any other persons the
Development Officer deems may potentially be affected by the issuance of a
development permit.
(2)
In all cases, the notification shall: describe the nature and location of the proposed
use or development; state the time and place where the Development Authority will
meet to consider the application; indicate how and when written or oral submission
on the application will be received and considered; and specify the location at which
the development permit application and any support material can be inspected.
(3)
The Development Officer shall mail (postal service or electronic) written notice of the
application to third parties that may be deemed to be affected or are required to be
notified in accordance with various legislation, including the following:
(a) the MD of Pincher Creek, if in the opinion of the Development Officer or the
Municipal Development and Subdivision Authority, the proposed development
could have an impact upon land uses in the MD or is adjacent to the MD
Boundary or is required in accordance with an IDP policy; and
(b) any government departments or referral agency that is deemed to be affected or
is required by provincial legislation.
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4.13
NOTICE OF DECISION
(1)
Upon the issuance of a decision on a development permit application for a permitted
use that complies with this bylaw, the Development Officer shall:
(a) Immediately mail (postal service or electronic mail) or hand deliver a written
notice of decision to the applicant; and
(b) post a copy of the decision online in a conspicuous space on the Town of Pincher
Creek municipal website or social media site(s) as outlined in an adopted
advertising bylaw of the municipality, for at least 21 days.
(2)
Upon the issuance of a decision on all other development permit applications
(discretionary uses, variances), the Development Officer shall:
(a) mail (postal service or electronic mail) or hand deliver a written notice of decision
to the applicant; and
(b) publish a notice of the decision in either a newspaper or the municipal newsletter
circulated within the municipality; or
(c) online on the Town of Pincher Creek municipal website or social media site(s) as
outlined in an adopted advertising bylaw of the municipality; or
(d) a combination of (a) with both or either (b) and (c) for at least 21 days.
4.14
COMMENCEMENT OF DEVELOPMENT
Despite the issuance of a development permit, no development is authorized to commence
until the appeal period has expired in compliance with the following:
(1)
Within 21 days after the date on which the notice of the issuance of the permit was
given in accordance with the land use bylaw and as per section 686(1) of the MGA:
i.
for a permitted use where a variance was granted or conditions were
imposed on the permitted use permit; or
ii.
for a discretionary use permit.
(2)
Any development work that commences prior to the legislated appeal period expiring
is at the sole risk and expense of the applicant/developer.
(3)
For development permits issued that have been appealed, no development shall
commence until the appeal is decided upon by the appeal body having jurisdiction.
4.15
VALIDITY OF DEVELOPMENT PERMIT
(1)
Unless a development permit is suspended or cancelled, the development must be
commenced or carried out with reasonable diligence in the opinion of the
Development Authority within 24 months from the date of issuance of the permit,
otherwise the permit is void, notwithstanding an extension approved by the
Development Authority prior to the 24 month period concluding.
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(2)
An application to extend the validity of a development permit may be made at any
time prior to the expiration of the approved permit.
(3)
Upon receipt of a request to extend the validity of a development permit, the validity
of a development permit may be extended for a period of up to 12 months from the
original validity expiration date by:
(a) the Development Officer if the permit was decided upon and issued by the
Development Officer; or
(b) the Municipal Development and Subdivision Authority if the permit was issued by
the Municipal Development and Subdivision Authority or approved on appeal by
the Subdivision and Development Appeal Board.
(4)
No circulation or notification is required prior to making a decision on granting an
extension but it may occur at the discretion of the Development Authority if deemed
warranted.
(5)
When any use has been discontinued for a period of 24 months or more, any
development permit that may have been issued is no longer valid and the use may not
be recommenced until a new application for a development permit has been made
and a new development permit issued.
(6)
If, after a development permit has been issued the Development Officer finds a
clerical, technical, grammatical, or typographical error on the issued permit which
does not materially affect the permit in principle or substance (e.g., wrong permit
number, applicant name, legal description or municipal address), the Development
Officer may correct the error and reissue the permit with the correct information and
there is no renotification required and no avenue for an appeal.
4.16
TRANSFER OF DEVELOPMENT PERMIT
Except for Home Occupation, Bed & Breakfast, Short Term Rental Type 1, and Day Home
permits which are non-transferable, a valid development permit on a lot or parcel is
transferable to another person or entity for the development on the same lot or parcel (i.e.,
runs with the land) when the use remains unchanged, and the development is affected only
by a change in ownership, tenancy, or occupancy.
4.17
FAILURE TO MAKE A DECISION
In accordance with section 684 of the MGA, an application for a development permit is, at
the option of the applicant, deemed refused if a decision has not been made by the
Development Authority within 40 days of an application being deemed complete under
Section 4.4(5)(7), unless the applicant has entered into an agreement with the Development
Authority to extend the 40-day period.
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4.18
REAPPLICATION FOR A DEVELOPMENT PERMIT
(1)
If an application for a development permit is refused by the Development Authority or
the Subdivision and Development Appeal Board on an appeal, another application for
development on the same lot for the same or similar use shall not be made for 6
months from the date of refusal; or
(2)
if an application was refused solely because it did not comply with the standards of
this bylaw, or was refused as an incomplete application under Section 4.4(6) or (8),
the Development Officer may accept another application on the same lot for the same
or similar use before the time period referred to in sub-section (1) is up, provided the
application has been modified to comply with this bylaw.
4.19
SUSPENSION OR CANCELLATION OF A PERMIT
(1)
If, after a development permit has been issued, the Development Authority finds:
(a) the
application
for
the
development
permit
contained
a
serious
misinterpretation; 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) the permit was issued in error;
the Development Authority may suspend or cancel the development permit by notice
in writing to the permit holder.
(2)
Upon receipt of the written notification of suspension or cancellation of the permit,
the permit holder must cease all development and activities to which the
development permit relates.
(3)
A person whose development permit has been suspended or cancelled under this
section may appeal within 21 days of the written decision, to the Subdivision and
Development Appeal Board.
(4)
If a development permit is suspended or cancelled and an appeal is filed by the
applicant, the Subdivision and Development Appeal Board shall review the
application, and either:
(a) reinstate the development permit;
(b) cancel the development permit if the Development Authority would not have
issued the permit if all the facts had been known at the time of application; or
(c) reinstate the development permit and may impose such other conditions
considered necessary to ensure this bylaw and any other statutory plan is
complied with; and
(d) provide written reasons for the decision made.
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(5)
If a permit is deemed to be no longer valid due to a discontinuance of use for the
period of time with respect to Section 4.15 (Validity of a Development Permit), the
permit is no longer valid, and the development must cease.
4.20
WITHDRAWING A PERMIT APPLICATION OR APPROVAL
(1)
If, after a development permit application has been submitted and it has been
processed by the Development Officer an applicant requests to withdraw the permit
application prior to a decision being rendered, such requests must be made by the
original applicant in writing to the Development Officer. If a permit application is
withdrawn:
(a) the Development Officer shall acknowledge such by notice in writing to the
applicant which may be in the form of electronic mail correspondence;
(b) any assigned permit number shall not be reassigned and the municipal records
shall reflect the permit number was a withdrawn application; and
(c) other than the applicant, there is no requirement to notify any other person,
including those who may have originally been notified as part of an application
referral process, that the applied for permit was withdrawn.
(2)
If, after a development permit application has been approved by the Development
Authority the permit holder requests to withdraw and cancel the development
permit, such requests must be made in writing by the permit holder to the
Development Officer.
(a) Where a development permit is cancelled and no longer valid, all development
and activities to which the development permit relates must cease upon
receiving notification of the cancellation of permit by the Development Officer;
and
(b) the processing steps in accordance with Section 4.20(1)(a) through (c) shall
apply.
(3)
There are no refunds of the application fees paid if an applicant requests to withdraw
or cancel the permit application after it has been processed by the Development
Officer. The Development Authority may make an exception and agree to provide a
refund in limited cases, if it is of the opinion there are extenuating circumstances for
the request and a valid reason for the withdrawal.
4.21
AMENDMENT OF A DEVELOPMENT PERMIT APPLICATION OR APPROVAL
(1) Amendment of a development permit application prior to issuance of a decision by
the Development Authority may be permitted at the discretion of the Development
Authority and may require renotification and recirculation fees as applicable.
(2)
Except as provided in Section 4.21(3), an amendment of a development permit
application or approval after a decision has been issued by the Development
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Authority is not permitted. A new development permit application is required and
will be processed anew.
(3)
If, after a development permit or notice of decision has been issued the
Development Officer finds a clerical, technical, grammatical, or typographical error on
the issued permit which does not materially affect the permit in principle or
substance (e.g., wrong permit number, applicant name, legal description or municipal
address), the Development Officer may correct the error and reissue the permit with
the correct information and there is no renotification required and no avenue for an
appeal.
4.22
APPEALS
(1)
Any person applying for a development permit, or any other person affected by an
order, decision, or development permit made or issued by the Development
Authority, may appeal to the Subdivision and Development Appeal Board or the Land
and Property Rights Tribunal (where the Matters Relating to Subdivision and
Development Regulation requires it) in accordance with Sections 683 to 687 of the
MGA inclusive of any other part of the MGA referenced in these sections.
(2)
Notwithstanding sub-section (1) and in accordance with section 685(4) of the MGA,
there is no avenue for an appeal if the application was made on lands zoned as Direct
Control, if the decision was made by Council. If the decision was made by the
Municipal Development and Subdivision Authority or Development Officer as a
delegated authority of Council, the appeal is limited to whether the Development
Authority followed the directions of Council, as per Section 641 of the MGA.
(3)
If an applicant in accordance with section 684 of the MGA, deems an application as
refused due to a decision not being made by the Development Authority within 40
days of an application being deemed complete and no time extension has been
entered into, an appeal may be made to the appropriate appeal body having
jurisdiction.
(4)
Any landowner who applied for subdivision and was refused an approval or had
conditions attached to the approval, may appeal the decision to the Subdivision and
Development Appeal Board or the Land and Property Rights Tribunal (where the
Matters Relating to Subdivision and Development Regulation requires it). Adjacent or
affected landowners have no right to appeal under the MGA.
SECTION 5 ENFORCEMENT
5.1
DESIGNATED OFFICER POWERS
In accordance with Section 210 of the MGA, an officer designated to carry out enforcement
of the MGA, the Subdivision and Development Regulation, a development permit or
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subdivision approval, municipal bylaws, or this bylaw is herein referred to as an Officer, and
includes:
(1)
the Development Officer, CAO or another designated officer in Section 2.1(4) of this
bylaw; and
(2)
a Bylaw Enforcement Officer in accordance with the MGA; and
(3)
a Community Peace Officer in accordance with the Alberta Peace Officer Act; and
(4)
a Police Officer in accordance with the Alberta Police Act.
5.2
NOTICE OF VIOLATION
(1)
Where the Development Authority 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, an 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; and
(2)
such notice shall state at a minimum the following:
(a) the nature of the violation;
(b) any and all corrective measures required to comply;
(c) the time period in which such corrective measures must be carried out; and
(d) the potential course of action, further enforcement, or penalties the municipality
may carry out if the corrective measures are not complied with.
5.3
STOP ORDERS
(1)
As set forth in section 645 of the MGA, the Development Authority is authorized to
issue a stop order, herein referred to as an order, if a development, land use or use of
a building is not in accordance with those regulations listed in Section 5.2(1) of this
bylaw; and
(2)
a person who receives notice pursuant to sub-section (1) may appeal the order, within
21 days after the date on which the order is made, to the Subdivision and
Development Appeal Board as prescribed in the MGA.
(3)
If compliance with an order is not voluntarily effected, the Town may undertake legal
action, including but not limited to, seeking injunctive relief from the Alberta Court of
King's Bench pursuant to section 554 of the MGA.
(4)
Pursuant to the MGA, if a person fails or refuses to comply with an order directed to
the person, an Officer may upon the issuance of a court order enter onto the land or
building that is the subject of the order and take any action necessary to carry out the
order; and
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(5)
in accordance with the MGA, the Town may cause the costs and expenses incurred in
carrying out the order to be added to the tax roll of the parcel of land that is the
subject of the order.
5.4
PENALTIES AND RIGHTS OF ENTRY
(1)
Any person who contravenes any provision of this bylaw is guilty of an offence in
accordance with Part 13, Division 5 of the MGA and is liable to a fine of not more than
$10,000.00 or to imprisonment for not more than one year or to both fine and
imprisonment.
(2)
In accordance with section 542 of the MGA, an Officer may, after giving reasonable
notice to and obtaining consent from the owner or occupier of land on which this
bylaw or the MGA authorizes anything to be inspected, remedied or enforced:
(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 that would assist in carrying out Section
5.4(2)(a);
(c) make copies of anything related to Section 5.4(2)(a)(b); and
(3)
pursuant to section 543 of the MGA, if a person refuses to grant consent or refuses to
provide anything to assist in the inspection, enforcement or action referred to in
section 542 of the MGA, the municipality may obtain a court order.
SECTION 6 AMENDMENTS TO THIS BYLAW
6.1
AMENDMENT OR REPEAL OF BYLAW
(1)
A person may request an amendment to this bylaw, by applying in writing, including
reasons in support of the application.
(2)
All applications to amend this bylaw shall be submitted to the Development Officer
and shall be accompanied by the following:
(a) the application fee prescribed by Council for each application;
(b) the application form as found in Appendix A of this bylaw, which is completed to
the satisfaction of the Development Officer; and
(i)
a narrative and explanation of the purpose of the request if it is for text,
development standard, or land use being proposed as an amendment; and
(ii)
any other material as deemed necessary by the Development Officer to
allow Council to make an informed decision on the application.
(iii)
Additional requirements in Section 6.2 for land use redesignation
applications also apply.
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(3)
The Development Officer may refuse to accept an application for an amendment to
this Land Use Bylaw if, in their opinion, the information supplied is not sufficient to
undertake a proper evaluation of the proposed amendment.
(4)
Once an application is accepted by the Development Officer, they shall forward the
application to Council for a decision.
(5)
In reviewing an application to amend this bylaw, Council should give consideration to
the following:
(a) the merits of the proposal and consistency to the Town's statutory and non-
statutory plans, concept plans, approved policies, and this bylaw;
(b) if the proposed amendment is for a redesignation of land;
(i)
the suitability of the proposal, its location, and compatibility with adjacent
land uses;
(ii)
the proposal does not compromise the road capacity of the area, levels of
service of the roads in the area, or vehicular and non-vehicular traffic
safety, and is suitably and efficiently serviced by an off-site road network;
(iii)
the proposal can be adequately serviced with municipal utilities or if it will
impact municipal infrastructure; and
(iv)
any other matter as deemed necessary by Council.
(6)
All proposed amendments to this bylaw shall be decided upon by Council in
accordance with the MGA.
(7)
A public hearing and notification shall occur and shall be in accordance with Section
692 of the MGA and the requirements of this bylaw.
(8)
Where an application for an amendment to this bylaw has been refused by Council,
another application that is the same or similar shall not be accepted for a period of 6
months following the date of the decision of refusal; or
(9)
where an application for an amendment to this bylaw has been refused by Council,
another application that has been significantly changed or changed at the request of
Council may be accepted prior to the 6-month waiting period prescribed in sub-
section (8), at the discretion of Council.
6.2
LAND USE DISTRICT REDESIGNATION
In addition to the general requirements for amendment or repeal of this bylaw as set forth
in Section 6.1, an application made specifically for redesignation from one land use district
to another shall be accompanied by the following:
(1)
a completed application form (found in Appendix A) and fee paid in full;
(2)
an explanation of the application describing:
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(a) proposed land use designation and future use(s);
(b) consistency with applicable statutory plans OR rationale for why the proposal may
be inconsistent with applicable statutory plans;
(c) development potential/suitability of the site including identification of any
constraints and/or hazards to development;
(d) availability of infrastructure to service the site including adequate water, sewer,
and storm water capacities;
(e) the adequacy of vehicular and, when applicable, non-vehicular access, and
potential impacts to public roads and options available to address any impacts
that would create issues relating to road capacities, levels of service and
vehicular/non-vehicular traffic safety;
(3)
In addition to Sub-sections (1) and (2) the Development Authority may at its
discretion request the following information if deemed necessary to properly evaluate
the proposal:
(a) a conceptual subdivision layout and design, if applicable;
(b) a geotechnical report prepared by an engineer demonstrating soil or slope
suitability;
(c) an evaluation of surface drainage which may include adjacent properties;
(d) a current Certificate of Title of the land affected and/or other documents
satisfactory to the Development Officer, which indicate the interest of the
applicant in the said land if the application is for a land use redesignation,
(e) any legible diagrams, maps or sketches required to be submitted if deemed
required by the Development Officer which shall be drawn to the satisfaction of
the Development Officer; and
(f)
any other information deemed necessary by the Development Authority to
properly evaluate the application.
(4)
The Development Officer has the discretion to exempt any of the prescribed
application requirements listed in section 6.2 if it determines they are not necessary
for the particular situation.
(5)
A professionally prepared Area Structure Plan, Outline Plan or Conceptual Design
Scheme may be required in conjunction with an application if:
(a) proposing to redesignate lands from Transitional /Urban Reserve to any other
land use district;
(b) multiple parcels of land are involved;
(c) more than two lots could be created;
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(d) several fragmented parcels are adjacent to the parcel that is the subject of the
proposed redesignation;
(e) internal public roads would be required;
(f) municipal services would need to be extended; or
(g) it is required by Council or the Development Authority.
SECTION 7 SUBDIVISION
7.1
SUBDIVISION IN GENERAL
(1)
Where the development of land requires the subdivision of land, no development
permit shall be issued until the application for subdivision has been approved and any
attached conditions met in accordance with the MGA.
(2)
Subdivision approval, including bareland condominium subdivision, shall be
considered with respect to the applicable land use district and bylaw standards, any
statutory plan requirements, and servicing needs.
(3)
Minimum dimensional standards for subdivided lots and all other requirements in this
bylaw shall be as specified in the applicable land use district in Schedule 3.
(4)
An application for subdivision may be subject to the same requirements of Section 6.2
(Land Use District Redesignation) and Section 3.3 (Suitability of Sites), in addition to
any other requirements considered necessary in order to make a decision on the
application, as determined by the Subdivision Approving Authority.
(5)
All applications for subdivision shall be required to meet the design standards set out
in Schedule 5 (General Standards of Development).
(6)
Subdivision of land within the Manufactured/Mobile Home Residential (R2) land use
district shall not be permitted unless accompanied by an approved Area Concept Plan
or adopted Area Structure Plan.
7.2
SUBDIVISION APPLICATIONS
(1)
An applicant applying for subdivision shall provide the required material and
information as requested by the Subdivision Authority or those authorized to act on
its behalf (its designate). A completed application shall consist of:
(a) an official application, in the manner and form prescribed, clearly and legibly
completed with all the required information and signatures provided as requested
on the form;
(b) the applicable fees paid;
(c) an up-to-date and current copy of the Certificate of Title to the subject land;
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(d) a professionally prepared Surveyor's sketch or tentative subdivision plan with
dimensions, structures, and location of utility easements present;
(e) the provincial abandoned gas well map and information;
(f) for vacant parcels, a detailed servicing plan may be required as part of the
application, or may be imposed as a condition of subdivision approval;
(g) any such other information as may be required at the discretion of the
Subdivision Authority or its designate in order to accurately evaluate the
application and determine compliance with the Land Use Bylaw or other
government regulations. This may include but is not limited to the provision of
geotechnical information, soil analysis reports, water reports, soil or slope
stability analysis, drainage information, contours and elevations of the land,
engineering studies or reports, wetland reports, environmental impact
assessments, utility and servicing information, and/or the preparation of a
conceptual design scheme or an area structure plan may be required from the
applicant prior to a decision being rendered on a subdivision application to
determine the suitability of the land for the proposed use; and
(h) the landowner's 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.
7.3
DETERMINATION OF COMPLETE SUBDIVISION APPLICATION
(1)
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 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 designate;
(c) in respect of sub-section (1)(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.
(2)
Notwithstanding sub-section (1), the applicant and Subdivision Authority or its
designate may agree and sign a time extension agreement in writing in accordance
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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.
(3)
A determination made by the Subdivision Authority or its designate that an
application is complete for processing does not preclude the ability for the Subdivision
Authority 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.
7.4
INCOMPLETE SUBDIVISION APPLICATIONS
(1)
The Subdivision Authority or its designate may refuse to accept and process a
subdivision application where the information required under Section 7.2 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.
(2)
If the Subdivision Authority or its designate 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 7.3(1))b).
(3)
The notification provided for in Section 7.3(1))b) shall include for the applicant the
required information on the filing of an appeal and to which appeal board body the
appeal lies, either the local appeal board or provincial Land and Property Rights
Tribunal, in accordance with the parameters of the MGA.
7.5
SUBDIVISION APPLICATION NOTIFICATIONS
(1)
On receipt of a complete application for subdivision approval, the Planning Advisor or
other Subdivision Authority designate must refer a notice and copy of the application
to:
(a) the Government departments, agencies, persons and local authorities required by
the subdivision and development regulations; and
(b) owners of land located adjacent and contiguous to the land that is the subject of
the application.
(c) The notice under subsection 7.5(1) must describe the nature of the application,
the method of obtaining further information about the application and the
manner in which and time within which written submissions may be made to the
Subdivision Authority.
7.6
SUBDIVISION DECISIONS
(1)
The Subdivision Authority must make a decision on an application for subdivision
within:
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(a) 21 days from the date of receipt of a completed application submitted in
accordance with section 652(4)(a) of the MGA; or
(b) 60 days from the date of receipt of all other applications;
unless an agreement to extend the time has been entered into with the Subdivision
Authority.
(2)
If an applicant refuses to enter into a time extension agreement, the application may
be deemed to be refused if no decision is made within the time prescribed, and the
applicant may file an appeal with the local appeal board or provincial Land and
Property Rights Tribunal to render a decision.
(3)
A Subdivision Authority when considering an application under this section,
(a) must consider the written submissions of those persons and local authorities to
whom an application for subdivision approval or notice of application was given in
accordance with this section but is not bound by the submissions unless required
by the Matters Relating to Subdivision and Development Regulation; and
(b) is not required to hold a hearing.
(4)
A Notice of Decision with Reasons must be provided to the applicant, and those
Government departments, agencies, and local authorities originally notified.
7.7
CONDITIONS OF SUBDIVISION APPROVAL
(1)
The Subdivision Authority may impose conditions to ensure that the requirements of
the MGA, the regulations, the statutory plans, and the bylaw are complied with.
(2)
The Subdivision Authority may impose a condition requiring the applicant to enter
into a Development Agreement with the Town for:
(a) construction of a public roadway required to give access to the development;
(b) construction of a public pedestrian walkway;
(c) the installation of utilities necessary to serve the development;
(d) an off-site levy or redevelopment levy under the MGA;
(e) to ensure the obligations on the part of the developer are carried out;
(f) to provide a financial security in a form acceptable to the Town to ensure the
terms of the agreement are carried out.
(3)
The Development Agreement pursuant to subsection (2) may, at the option of the
Town, be registered in the Land Titles Office in the form of a caveat against the
Certificate of Title for the land that is the subject of the development agreement.
(4)
A caveat registered pursuant to subsection (3) shall be discharged by the Town when
the requirements and conditions of the agreement have been met.
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7.8
SUBDIVISION ENDORSEMENT OF FINAL PLANS AND DOCUMENTS
(1)
An applicant for subdivision approval must submit to the authorized Subdivision
Authority designate the plan of subdivision or other instrument that effects the
subdivision within one year of the latest of the following dates:
(a) the date on which the subdivision approval is given to the application;
(b) if there is an appeal to the local appeal board or provincial Land and Property
Rights Tribunal, the date of that board's decision or the date on which the appeal
is discontinued;
(c) if there is an appeal to the Court of Appeal under the Act, the date on which the
judgment of the Court is entered or the date on which the appeal is discontinued.
(2)
On being satisfied that a plan of subdivision or other instrument complies with a
subdivision approval and that any conditions imposed have been met or will be met,
the person or entity authorized to act on behalf of the Subdivision Authority must
endorse the plan or other instrument in accordance with the subdivision and
development regulations.
7.9
VALIDITY OF SUBDIVISION APPROVALS
(1)
If the plan of subdivision or other instrument is not submitted to the Subdivision
Authority or its designate for final endorsement within the time prescribed by Section
7.8(1) or any longer period authorized by the Council, the subdivision approval is no
longer valid.
(2)
If the plan of subdivision or other instrument is not registered in the Land Titles office
within one year after the date on which it is endorsed pursuant to this section or
within the extended period prescribed under subsection 7.9(1), the subdivision
approval of the plan or instrument and the endorsement are void and the plan or
instrument may not be accepted by a Registrar for registration.
(3)
Town Council may, at its discretion, extend the periods referred to in Sections 7.8 and
7.9.
7.10
APPEALS OF SUBDIVISION DECISIONS
(1)
In accordance with Section 4.22(4) of the bylaw, an appeal of a subdivision decision
may be filed with the appropriate appeal body within 21 days of the date of the
Notice of Subdivision Decision.
(2)
Only the applicant, municipality, or government departments as stipulated in the
MGA have the right to file an appeal. Adjacent or affected landowners have no right
to appeal.
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OTHER LAND USE and DEVELOPMENT REQUIREMENTS - For other land use, development criteria
and standards, refer to the General Standards and Use Specific Standards of development criteria of
Schedules 5 and 6 of this Bylaw
SCHEDULE 1:
DEVELOPMENT NOT
REQUIRING A PERMIT
Town of Pincher Creek Land Use Bylaw No. 1639-25
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SCHEDULE 1 | 1
SCHEDULE 1
DEVELOPMENT NOT REQUIRING A PERMIT
The following are developments where no development permit is required to be obtained from
the municipality provided all standards and criteria of the bylaw are met and no variances
(waivers) of the bylaw standards occur.
SECTION 1
GENERAL
(1) This Section does not negate the requirement of obtaining all required permits, licenses,
authorizations, or approvals as applicable, under the Safety Codes Act and any other Provincial
or Federal statute.
(2) This Section does not negate the requirement of obtaining a municipal Business License where
required. Conversely, some developments may require a development permit but may be
exempt from the obligation to obtain a Business License if the business or use is a profession
and/or occupation in Alberta that is self-governed by a professional regulatory organization
(PROs), which receive their authority through provincial legislation.
(3) Previously commenced developments are not affected by the passage of this bylaw and shall
not require a new development permit subject to the following:
(a) the completion of a building which was lawfully under construction at the date this bylaw
came into effect provided that the building is completed in accordance with the terms and
conditions of any development permit granted;
(b) the completion of a building or structure that did not require a development permit under
the previous land use bylaw and which was lawfully under construction provided the
building is completed within 12 months from the date this bylaw came into effect.
Government and Government Agencies
(4) The following developments related to various government bodies or which may be otherwise
exempted by governing legislation shall not require a development permit:
(a) any use or development exempted under Section 618(1) of the MGA;
(b) any use or development exempted by the Lieutenant Governor in Council pursuant to
section 618 of the MGA;
(c) the maintenance or repair of public works, services, structures and utilities carried out by,
or on behalf of federal, provincial, municipal or public authorities on land which is publicly
owned or administered or public authorities or private utilities under special agreement or
authorization with the Town of Pincher Creek;
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(d) the development and maintenance of municipal public parks or open space, and the
installation and maintenance of new or replacement playground facilities in municipal
public parks that are owned and operated by the Town of Pincher Creek;
(e) 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;
(f)
telecommunication antenna systems that are regulated by the federal government
(Innovation, Science, and Economic Development Canada) subject to Schedule 7
(Telecommunication Antenna Siting Protocols).
SECTION 2
DEVELOPMENT EXEMPTIONS
Demolition or Removal of Buildings or Structures
(1) The demolition or removal of buildings or structures shall not require a development permit but
must apply for and obtain a Demolition Permit and otherwise comply with all other provisions
of this bylaw (see Schedule 5, Section 28).
Development Exemptions - Minor and Accessory Uses
(2) The following developments shall not require a development permit, but must comply with all
other provisions of this bylaw:
(a) extensive cultivation or grazing of land where the land is designated as Transitional/Urban
Reserve (TUR);
(b) the erection or maintenance of agricultural fences associated with the extensive
cultivation or grazing of land, or an Extensive Agriculture use;
(c)
the erection or construction of temporary buildings, works, plants or machinery that, in
the opinion of the Development Officer or the Municipal Development and Subdivision
Authority, are needed in connection to the construction of a development with an
approved development permit during the period of construction, unless such temporary
buildings, works, plants or facilities are a Construction Camp;
(d) the maintenance or repair of any building, including interior and exterior renovations,
provided that such works do not include structural alterations or additions which affect
changes in the exterior size, dimensions or design of the building;
(e) interior renovations to a building which do not:
(i)
create another dwelling unit,
(ii)
increase parking requirements as required by this bylaw,
(iii)
result in the change of use of a building, or
(iv)
increase the square footage (increase density) of the building;
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(f)
a change of occupancy or ownership of a conforming use of land or buildings, unless that
change results in a change of use from one separately defined use to a different and
separately defined use, or the use has lapsed for more than 24 months (this does not apply
to Home Occupations, Bed & Breakfasts, Short-term Rental Type 1, where a change in
ownership occurs as permits are not transferable to the new owner);
(g) excavation, grading, stripping, or stockpiling provided it is part of a development for which
a development permit has been issued or is addressed in a signed Development
Agreement with the Town of Pincher Creek (if not addressed in conjunction with an
approved development, then a development permit is required);
Accessory Building and Structures
(h) the placement or maintenance of up to two Accessory Buildings, such as storage, garden
or tool sheds, greenhouses and similar, that are not on a permanent foundation, provided
that:
(i)
these do not exceed 13.9 m2 (150 sq. ft.) each in area;
(ii)
only two such buildings may be located on a lot or parcel without a development
permit and provided the lot maximum site coverage is not exceeded and setbacks
are met; and
(iii)
any matter pertaining to the development of such a building including its height,
location, and appearance complies with the provisions of this bylaw and the
schedules thereto;
(i)
the construction, erection, maintenance or alteration of an Accessory Structure (if it is an
air conditioner, heat pump, water fountain, fire pit, patio heater, garbage enclosure, raised
garden box, gazebo, pergola, playset equipment, playhouse, and flagpoles or
television/radio towers less than 4.88 m (16 ft.) in height) provided that:
(i)
it does not exceed 13.9 m2 (150 sq. ft.) in area and provided the lot maximum site
coverage is not exceeded; and
(ii)
any matter pertaining thereto including its height, setbacks, location and finish
complies with this bylaw and the schedules thereto, where applicable, and the
Accessory Structure is located to the satisfaction of the Development Officer;
Yard Water Fountain
Playset Equipment
Gazebos 150 sq. ft. or less
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Town of Pincher Creek Land Use Bylaw
(j)
steps, stairs, or a landing to access a dwelling or building provided the setbacks, or allowed
projections into setbacks, are met in accordance with the standards of this bylaw (see
Schedule 5);
(k) the erection of gates, fences, walls, hedges or other means of yard enclosure which are:
(i)
in residential rear and side yards provided they are 1.8 m (6 ft.) or less in height,
(ii)
in residential front yards provided they are 0.9 m (3 ft.) or less in height;
(iii)
in commercial or industrial rear, side and front yards provided they are chain link
fences 2.4 m (8 ft.) or less in height;
(iv)
in commercial or industrial rear and side yards, solid fences provided they are 2.4
m (8 ft.) or less in height, and solid fences in front yards provided they are 0.9 m
(3 ft.) or less in height; (see Schedule 5);
(l)
the construction of uncovered decks or patios 0.6 m (2 ft.) or less above grade (either
attached or detached) provided bylaw setbacks are met (a covered or raised deck shall
require a development permit) (see Schedule 5);
(m) the construction or erection of a private single (one side wall) panel privacy wall/screen in
a residential district if it is not greater than 3 m (9' 10") in height above the finished floor
elevation (finished board on top of joist or stone patio surface) of a balcony, deck or patio
and only to the width of the deck, patio, or balcony and is located in the side and rear
yards only (see Schedule 5);
(n) the installation of concrete, pavers, stones, or other hard surface material that is not
covered or partially covered by a roof, structure, or other shelter and that is in compliance
with Schedule 5, Section 17, Landscaping and Screening standards;
(o) satellite dishes (internet, cable television, radio) of less than 0.9 m (3 ft.) in diameter;
(p) private, individual solar collector panels installed on a roof or attached to a side (wall) of a
dwelling or building in accordance with the standards of this bylaw in Schedule 6 (any
applicable Safety Codes permits are required);
(q) outdoor storage on a property if it is related to and is considered as an accessory use to an
approved commercial or industrial use, provided it is prescribed as such in the applicable
land use district;
(r)
permanent shipping containers in the General Industrial/Warehousing (I1) land use district
provided they do not exceed 60% total lot coverage of all buildings and structures
combined on the lot and they meet the required yard setback requirements (see Schedule
6);
(s) landscaping that was not required as part of the original development permit provided it
does not negatively affect drainage on the lot or impact adjacent properties;
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SCHEDULE 1 | 5
Temporary or Seasonal Development
(t)
temporary above ground outdoor swimming pools with a CSA standard or constructed in
accordance the National Building Code, Alberta Edition and above ground or portable hot
tubs smaller than 150 ft2; however, they are subject to the Town of Pincher Creek Storm
Drainage Bylaw (all applicable Safety Code permits are required including electrical permits
for power/electricity connection);
(u) the limited outdoor sales display of readily moveable retail goods or merchandise adjacent
to the building exterior wall and entirely on a property for a commercial business with an
approved development permit, provided the goods or materials are fully contained on the
premises, and it does not impede access, egress (pedestrian and vehicular) and fire routes;
Outdoor Limited Sales Display on Property
Outdoor Seasonal Event Sales
(6-months or less)
(v) the outdoor seasonal display (not to exceed 6 months) of retail goods or merchandise on a
property for a commercial business with an approved development permit provided the
goods or materials are fully contained on the premises, it does not impede access, egress
(pedestrian and vehicular) and fire routes, it does not remove parking space that is
required to be provided as part of the use standards of the development, and it does not
involve the erection of structures or permanent fencing (temporary chain link fencing on
moveable bases/stand may be allowed at the discretion of the Development Officer);
Temporary or Pop-up Seasonal Event Sales
Temporary Fencing on Moveable Bases
(w) seasonal events or temporary pop-up sales (non-permanent) (e.g., fruit and vegetable
stands, Christmas tree sales, mobile sales, individual single-event auction or estate sales,
etc.) if the seasonal outside sale, activity or special event is in operation for a period not to
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Town of Pincher Creek Land Use Bylaw
exceed 30 days consecutive or in a calendar year and if in the opinion of the Development
Authority, such sales, activities and special events would not adversely affect:
(i)
parking,
(ii)
traffic flow,
(ii)
the appearance of the site,
(iii)
public safety.
(x) No structures or permanent tents are permitted without the said benefit of a development
permit but temporary pop-up tents may be permitted (temporary chain link fencing on
moveable bases/stand may be allowed at the discretion of the Development Officer).
(y) No operating or erection of the sales or activity is permitted to occur on municipal owned
or controlled property without pre-authorization from the Town of Pincher Creek.
(z) Although exempt from the development permit requirements, such temporary pop-up
sale (non-permanent) uses shall require a Town of Pincher Creek Business License.
(aa) Mobile food vendor trucks or mobile sales outlets that are not permanently parked in one
location or operate for more than 30 days consecutive or in a calendar year from the same
lot or location, provided they obtain a Town of Pincher Creek Business License. If the
vendor is operating the business out of a residence within the town, then a Home
Occupation development permit will be required.
(bb) Garage sales, provided they do not exceed four weekends in a calendar year and comply
with the Business License bylaw including obtaining a garage sales permit.
Temporary Shipping Container
(cc) In all land districts the temporary placement of one shipping container (Temporary
Shipping Containers Class A) in connection with the construction of a development for
which a development permit has been issued for the period of those operations, or for the
temporary moving and storage of household goods or commodities, in accordance with
the applicable district and the following:
(i)
the shipping container is temporary and needed in conjunction with approved
construction and the site is active (i.e., construction or moving has commenced
and is on-going or is about to commence within 14 days); placement of a shipping
container on an inactive construction site is prohibited;
(ii)
minimum yard setbacks shall be 0.9 m (3 ft.) and the container shall not encroach
onto any municipal right-of-way including sidewalks, lands and roadways;
(iii)
shipping container is to be removed immediately upon completion of
construction or moving;
(iv)
more than one temporary shipping container on an active site constitutes the
requirement of a development permit;
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SCHEDULE 1 | 7
(v)
the shipping container may remain on site for the single period not exceeding the
calendar days stipulated in Schedule 6, Section 29 (otherwise a development
permit is required).
SECTION 3
SIGNS (DEVELOPMENT PERMIT EXEMPTIONS)
(1) A development permit is not required for the following signs if they comply with this bylaw and
are not animated or equipped with flashing lights:
(a) official signs, notices, traffic and directional signage, election signs, and any sign or
billboard erected by a government or public authority, agency or department and railway
operating signs;
(b) identification, memorial, property name, or address signs in any district for any use except
Home Occupations, Bed & Breakfasts, Short-term Rental Type 1, provided that:
(i)
the sign does not exceed 0.2 m2 (2 sq. ft.) in area, and
(ii)
not more than one identification sign is located along a street frontage for each
business or occupant;
(c) on-site signs in any district advertising the sale, rental or lease of land or buildings
provided that:
(i)
such signs do not exceed 1.12 m2 (12 sq. ft.) in a residential district,
(ii)
such signs do not exceed 2.97 m2 (32 sq. ft.) in a district other than a residential
district,
(iii)
such signs are not illuminated; and
(iv)
provided such signage is removed within 30 days upon completion of the lease or
sale;
(d) on-site signs identifying an approved construction project and/or the parties involved in
that project provided that such signs are removed within 14 days after construction is
complete;
(e) accessibility/barrier-free parking or other similar type signs required in accordance with
National Building Code, Alberta Edition;
(f)
directional signs indicating on-site traffic circulation and parking restrictions provided that
such signs do not exceed 0.9 m2 (10 sq. ft.) in area;
(g) temporary signs (other than portable signs) on lots or parcels in commercial or industrial
districts advertising a special promotion on the premises provided that the sign does not
exceed 2.97 m2 (32 sq. ft.) in area and is removed within seven days of the end of the
special promotion;
(h) yard or garage sale placards or signs placed on private property provided they are
removed within 24 hours after the completion of any garage or yard sale (but a separate
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Town of Pincher Creek Land Use Bylaw
Garage/yard sale permit must be obtained from the Town of Pincher Creek) and provided
the sign does not exceed 1.12 m2 (12 sq. ft.) in area;
(i)
window signs in association with any conforming use in a commercial or industrial land use
district;
(j)
signs in the interior of a building, including a shopping centre, provided such signs are not
visible from the exterior of the building;
(k) any sign that may be specifically exempt pursuant to the Town of Pincher Creek Sign
Bylaw (see Appendix D).
(2) A development permit is not required for the maintenance of any lawful sign or for a copy
change on a lawful sign provided that the location, height, dimensions and structural
framework of the sign are not altered.
(3) All other signs shall obtain a SIGN PERMIT pursuant to this bylaw and the Town of Pincher Creek
Sign Bylaw (see Appendix D).
SECTION 4
ROLE OF MUNICIPAL DEVELOPMENT AND SUBDIVISION AUTHORITY
(1) If there is any doubt as to whether or not a development requires a development permit, the
matter shall be referred to the Municipal Development and Subdivision Authority, whose
decision shall be final.
SCHEDULE 2:
LAND USE DISTRICTS
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SCHEDULE 2 | 1
SCHEDULE 2
LAND USE DISTRICTS
1.
The municipality is divided into those districts indicated on the Land Use District Map
(following this page).
2.
The districts in this land use bylaw shall be known by the following identifying names, letters
and numbers:
RESIDENTIAL - R1
MANUFACTURED / MOBILE HOME - R2
COUNTRY RESIDENTIAL - R3
MULTI-UNIT RESIDENTIAL - R4
DOWNTOWN / RETAIL COMMERCIAL - C1
HIGHWAY / COMPREHENSIVE COMMERCIAL - C2
COMPREHENSIVE MIXED-USE - C3
GENERAL INDUSTRIAL AND WAREHOUSING - I1
LIGHT INDUSTRIAL - I2
BUSINESS PARK - I3
PARKS AND OPEN SPACE - POS
PUBLIC AND INSTITUTIONAL - PI
TRANSITIONAL / URBAN RESERVE - TUR
DIRECT CONTROL - DC
OVERLAYS:
DOWNTOWN CORE (DCO) OVERLAY DISTRICT
FLOOD DAMAGE REDUCTION (FDR) OVERLAY DISTRICT
SCHEDULE 3:
LAND USE DISTRICT
REGULATIONS
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SCHEDULE 3 (R1) | 1
SCHEDULE 3
RESIDENTIAL - R1
1. INTENT - The intent of the Residential land use district is to provide a district where both
conventional Single-Detached residences and other types of compatible residential
development or uses are encouraged and may be allowed on a selective basis based on
suitability.
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure
Schedule 5, Sections 8 & 9
Accessory Dwelling Unit (ADU) - Attached
Schedule 6, Section 1
Addition to a Permitted Use
Day Home
Schedule 6, Section 11
Dwellings:
Single-Detached
- Site-built
- Ready-to-Move (RTM) (New)
- Prefabricated (New)
Duplex
Semi-Detached
Home Occupation - Class 1
Schedule 6, Section 15
Public or Private Utility
Shipping Container - Temporary, Class A
Schedule 6, Section 29
Short-term Rental - Type 1
Schedule 6, Section 30
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration, Section
3.7
Solar Collector, Individual (roof / wall mount)
Schedule 6, Section 32
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Use
Accessory Dwelling Unit (ADU) - Detached
Schedule 6, Section 1
Addition to a Discretionary Use
Bed and Breakfast
Schedule 6, Section 4
Boarding House
Childcare Facility
Schedule 6, Section 9
* See Schedule 1, Development Not Requiring A Development Permit.
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DISCRETIONARY USES (CONT'D)
USE SPECIFIC STANDARDS
Clubs and Organizations
Dwellings:
Moved-in
Group Home
Schedule 6, Section 14
Home Occupation - Class 2
Schedule 6, Section 15
Place of Worship/Church
Public and Institutional
Public Park or Recreation
Shipping Container - Temporary, Class B
Schedule 6, Section 29
Short-term Rental - Type 2
Schedule 6, Section 30
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration, Section
3.7
Solar Collector, Individual (ground mount)
Schedule 6, Section 32
PROHIBITED USES
RVs as Residential Dwellings
Shipping Containers (Permanent)
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 Administration, Section 3.7, is a Prohibited Use.
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Dwellings, Single-Detached
13.7
45
30.5
100
418.1
4,500
Dwellings, Duplexes/Semi-Detached
20.1
66
30.5
100
613.1
6,600
Single-Detached on Lots with lanes
10.7
35
30.5
100
325.3
3500
Places of Worship/Churches
All other uses
-
See Section 7 of this district
As required by the Development Officer or MDSA
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SCHEDULE 3 (R1) | 3
3.
MINIMUM SETBACK REQUIREMENTS
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
Dwellings, Single-Detached
6.1
20
1.5
5
7.6
25
Dwellings, Duplexes/Semi-Detached
6.1
20
1.5
5
7.6
25
Attached, unenclosed
improvements
6.1
20
1.2
4
7.6
25
Accessory Buildings
6.1
20
0.9
3
1.2
4
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
Corner lots
- One frontage at 6.1 metres (20 ft.)
- Second frontage may be reduced to 3.0 metres (10 ft.)
All other uses
As required by the Development Officer or MDSA (also
see Schedule 5)
MINIMUM SETBACK REQUIREMENTS
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Town of Pincher Creek Land Use Bylaw
4.
MAXIMUM LOT COVERAGE
Principal Buildings
- 45%
Accessory Buildings
- 10%
5.
MINIMUM FLOOR AREA
Dwellings, Single-Detached
- 83.6 m2 (900 sq. ft.)
Duplexes (each unit)
- 65.03 m2 (700 sq. ft.)
Dwellings, Semi-Detached (each unit)
- 65.03 m2 (700 sq. ft.)
6.
MAXIMUM BUILDING HEIGHT
Principal Buildings
- 8.5 m (28 ft.)
Accessory Buildings
- 4.9 m (16 ft.)
Accessory Dwelling Unit
- garage loft suite (above detached garage) - 8.5 m (28 ft.)
7. SPECIAL STANDARDS OF DEVELOPMENT
Places of Worship/Churches - All Places of Worship in Residential Districts shall be located on
sites which abut a collector street.
(a) The site on which a Place of Worship is situated shall have a frontage of not less than 30.0
m (98 ft) and an area of not less than 900 m2 (9,687 sq ft) except where a building for a
Manse is to be erected on the same site. The combined area of the site in this case shall
not be less than 1,440 m2 (15,500 sq ft).
(b) Front, side and rear yards shall be at the discretion of the Development Authority.
8.
GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
9.
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
10. PARKING AND LOADING REQUIREMENTS - See Schedule 5.
11. SIGNS - See Appendix D.
12. FLOOD DAMAGE REDUCTION OVERLAY AREA - See Schedule 4
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (R2) | 1
MANUFACTURED / MOBILE HOME - R2
1. INTENT - The intent of the Manufactured/Mobile Home land use district is to accommodate
manufactured/mobile home development in those areas of the community that are considered
suitable for such uses on either individual freehold titles or lease lots as part of a Manufactured
Home Community.
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure
Schedule 5, Sections 8 & 9
Additions to Permitted Use Dwellings
Attached Garage or Carport
Dwellings:
Manufactured/Mobile Home (New)
- Single-wide or Double-wide
Prefabricated Homes
Ready-to-Move (RTM) Homes
Home Occupation - Class 1
Schedule 6, Section 15
Public or Private Utility
Shipping Container - Temporary, Class A
Schedule 6, Section 29
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Use
Additions to Manufactured Home (Mobile Home)
Day Home
Schedule 6, Section 11
Dwellings:
Manufactured/Mobile Home (Used)
- Single-wide or Double-wide
Home Occupation - Class 1
Schedule 6, Section 15
Manufactured Home Community
Schedule 6, Section 18
Public and Institutional
Public Park or Recreation
Signs - in accordance with Appendix D
Shipping Container - Temporary, Class B
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (roof / wall / ground mount)
Schedule 6, Section 32
* See Schedule 1, Development Not Requiring A Development Permit.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (R2) | 2
PROHIBITED USES
Park Model Trailer
RVs as Residential Dwellings
Shipping Containers (Permanent)
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 Administration, Section 3.7, is a Prohibited Use.
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Single-wide Manufactured/Mobile
homes
10.7
35
36.6
120
390.2
4,200
Double-wide Manufactured/Mobile
homes
13.4
44
36.6
120
490.5
5,280
Prefabricated/RTM homes
13.4
44
36.6
120
490.5
5,280
All other uses
As required by the Development Officer
3.
MINIMUM SETBACK REQUIREMENTS
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
Manufactured/Mobile homes
Single-wide and Double-wide
4.6
15
3.0
one side
10
4.6
15
1.5
5
other side
Prefabricated/RTM homes
6.1
20
1.5
5
4.6
15
Accessory buildings
4.6
15
3.0
10
0.6
2
Attached, unenclosed improvements
4.6
15
1.2
4
4.6
15
All other uses
As required by the Development Officer
4.
MAXIMUM LOT COVERAGE
Principal buildings
- 35%
Accessory buildings
- 10%
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (R2) | 3
5.
MINIMUM FLOOR AREA
Manufactured/Mobile homes Single-wide
- 65.0 m2 (700 sq. ft.)
Manufactured/Mobile homes Double-wide
- 74.3 m2 (800 sq. ft.)
Prefabricated/RTM homes
- 74.3 m2 (800 sq. ft.)
All other uses
- As required by the Development Officer or MDSA
6.
MAXIMUM BUILDING HEIGHT
Manufactured/Mobile homes
- shall not exceed one storey in height
Prefabricated/RTM homes
- shall not exceed one storey in height
Accessory buildings
- shall not exceed 4.9 metres (16 ft.) in height
All other uses
- As required by the Development Officer or MDSA
7.
ELIGIBLE UNITS
No Manufactured/Mobile home shall be permitted within this land use district if the dwelling
unit is in excess of 20 years old or does not meet this Bylaw's unit construction and CSA criteria.
(refer to Schedule 6 for Manufactured/Mobile home criteria and standards of development)
8.
GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
9.
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
(a) Manufactured/Mobile Home Dwellings standards - See Schedule 6, Section 17
(b) Manufactured/Mobile Home Community Standards- See Schedule 6, Section 18
10. PARKING AND LOADING REQUIREMENTS - See Schedule 5.
11. SIGNS - See Appendix D.
12. FLOOD DAMAGE REDUCTION OVERLAY AREA - See Schedule 4.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (R3) | 1
COUNTRY RESIDENTIAL - R3
1.
INTENT - The intent of the Country Residential land use district is to accommodate existing
clustered country residential development within planned multi-lot areas. New R3 shall be
limited and only considered for areas deemed suitable for such development due to the lands
having various constraints that limit opportunity for standard residential density development,
provided the proposed uses are comprehensively planned and will:
(a) not conflict with the residential, recreational or other uses on lands adjacent to or in close
proximity to the proposal, and not compromise the safe, efficient operation of the existing
road and servicing network or the urban expansion of the municipality; and
(b) comply with the pertinent development standards and requirements outlined in a detailed
area structure plan for the area, this land use district or this land use bylaw.
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure
Schedule 5, Sections 8 & 9
Addition to a Permitted Use
Day Home
Schedule 6, Section 11
Dwellings:
Single-Detached
- Site-built
Home Occupation - Class 1
Schedule 6, Section 15
Public or Private Utility
Shipping Container -Temporary, Class A
Schedule 6, Section 29
Short Term Rental - Type 1
Schedule 6, Section 30
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (roof / wall mount)
Schedule 6, Section 32
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Use
Accessory Dwelling Unit (ADU) - Attached**
Garage Conversion (attached or detached)
Garage Loft Suite (above detached garage)
Addition to a Discretionary Use
Bed and Breakfast
Schedule 6, Section 4
* See Schedule 1, Development Not Requiring A Development Permit.
** Dependent on infrastructure, servicing availability and capacities, and any ASPs or restrictive covenants that apply.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (R3) | 2
Town of Pincher Creek Land Use Bylaw
DISCRETIONARY USES (CONT'D)
USE SPECIFIC STANDARDS
Childcare Facility
Schedule 6, Section 9
Dwellings:
Ready-to-Move (RTM) (New)
Prefabricated (New)
Moved-in Dwelling
Home Occupation - Class 2
Schedule 6, Section 15
Moved-in Building
Schedule 6, Section 22
Public and Institutional
Public Parks and Recreation
Shipping Container - Temporary, Class B
Schedule 6, Section 29
Short Term Rental - Type 2
Schedule 6, Section 30
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (ground mount)
Schedule 6, Section 32
PROHIBITED USES
Accessory Dwelling Unit (ADU) - Garden Suite
Intensive Agricultural Operations
RVs as Residential Dwellings
Shipping Containers (Permanent)
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 Administration, Section 3.7, is a Prohibited Use.
2.
MINIMUM LOT SIZE
The minimum lot size for all permitted and discretionary uses listed above shall be:
(a) existing parcels; or
(b) a minimum of 0.2 hectares (½ acre) for municipal fully-serviced lots.
(c) a minimum lot width of 22.86 m (75 ft) and a minimum length (depth) of 45.72 m (150 ft) is
required in addition to the requirements of (a) and (b) of this section.
3.
MINIMUM SETBACK REQUIREMENTS
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
All uses (other than accessory)
15.2
50
7.6
25
15.2
50
Accessory buildings
15.2
50
3.05
10
3.05
10
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (R3) | 3
4.
MAXIMUM LOT COVERAGE
Unless specified elsewhere in this bylaw, the maximum percentage of the site that may be
covered shall be determined by the Development Officer or MDSA.
5.
MINIMUM FLOOR AREA
Principal buildings
- 111.5 m2 (1,200 sq. ft.)
Accessory buildings
- 39.9 m2 (430 sq. ft.)
- Note: Principal and Accessory building sizes may be also regulated through private
restrictive covenants that may apply to property owners in which the Development
Authority may apply but is not responsible for enforcing.
6.
MAXIMUM BUILDING HEIGHT
Principal buildings
- 8.5 metres (28 ft.)
Accessory buildings
- 4.9 metres (16 ft.)
All other uses
- As required by the Development Officer or MDSA
7.
AREA STRUCTURE PLANS
An area structure plan may be required by the MDSA for a grouped country residential
application and shall consider and address the following matters:
(a) the implementation of urban expansion strategies of the Town;
(b) the safe and efficient use of local street networks and nearby highways or secondary
roads;
(c) the effect on access to or development of existing or potential recreation amenities;
(d) the effect on surrounding agricultural operations;
(e) the visual environment of the surrounding landscape;
(f)
areas prone to flooding or groundwater inundation - these areas shall not be considered
for grouped country residential use;
(g) potable water supply and waste water service for the proposed development;
(h) areas of historical and archaeological interest;
(i)
unsafe slopes, topographical, land constraints or other environmental features present
(sloughing, high water table, wetlands, etc.);
(j)
stormwater drainage management;
(k) the ability for the land to be readily serviced with all necessary shallow utilities (e.g., gas,
electricity); and
(l)
such other matters considered necessary and appropriate by the Municipal Development
and Subdivision Authority.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (R3) | 4
Town of Pincher Creek Land Use Bylaw
8.
ACCESSORY BUILDING STANDARDS
(a) In addition to the minimum floor area and maximum building height standards, no
accessory building shall be of a steel Quonset type design.
(b) The Development Authority may as a condition of a development permit approval, require
the accessory building or structure to be of a similar or complimentary style, design,
exterior finish, material, and colour to the principal building on the parcel.
9.
GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
10. USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
11. PARKING AND LOADING REQUIREMENTS - See Schedule 5.
12. LANDSCAPING AND SCREENING - See Schedule 5.
13. BED AND BREAKFAST OPERATIONS - See Schedule 6.
14. SIGNS - See Appendix D.
15. FLOOD DAMAGE REDUCTION OVERLAY AREA - See Schedule 4.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (R4) | 1
MULTI-UNIT RESIDENTIAL - R4
1.
INTENT - The intent of the Multi-Unit Residential land use district is to provide high-quality
environments for Multi-Unit dwellings to integrate into either existing or proposed residential
neighbourhoods, in order to provide for a wide variety of housing types and choices in the
community.
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure
Schedule 5, Sections 8 & 9
Addition to a Permitted Use
Dwellings:
Apartment (8 or less units)
Cluster/Cottage Housing (four or less units)
Duplex
Fourplex
Rowhouse (four or less units)
Semi-detached
Stacked Rowhouse dwelling (8 or less units)
Home Occupation - Class 1
Schedule 6, Section 15
Public or Private Utility
Shipping Container - Temporary, Class 1
Schedule 6, Section 29
Short Term Rental Type 1
Schedule 6, Section 30
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (roof / wall mount)
Schedule 6, Section 32
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Use
Accessory Dwelling Unit (ADU) - Basement Suite**
Schedule 6, Section 1
Addition to a Discretionary Use
Boarding House
Day Home
Schedule 6, Section 11
* See Schedule 1, Development Not Requiring A Development Permit.
** Dependent on infrastructure, servicing availability and capacities, and any ASPs or restrictive covenants that apply.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (R4) | 2
Town of Pincher Creek Land Use Bylaw
DISCRETIONARY USES (CONT'D)
USE SPECIFIC STANDARDS
Dwellings:
Apartments (more than 8 units)
Cluster/Cottage Housing (five or more units)
Moved-in Dwelling
Rowhouse (five or more)
Stacked Rowhouse Dwelling (more than 8 units)
Schedule 6, Section 22
Group Home
Schedule 6, Section 14
Group Care Facility
Schedule 6, Section 14
Home Occupation - Class 2
Schedule 6, Section 15
Moved-in Building
Schedule 6, Section 22
Place of Worship/Church
Public and Institutional
Public Park and Recreation
Senior Citizen Housing
Shipping Container - Temporary, Class 2
Schedule 6, Section 29
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (ground mount)
Schedule 6, Section 32
PROHIBITED USES
RVs as Residential Dwellings
Shipping Container (Permanent)
Short Term Rental - Type 2
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 Administration, Section 3.7, is a Prohibited Use.
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Fourplexes/Duplex/Semi-Detached
20.1
66
30.5
100
613.1
6,600
Multi-Unit dwellings (more than 4 units)
30.5
100
36.6
120
1114.8
12,000
Rowhousing/stacked row house
- interior units
- end units
6.1
9.1
20
30
36.6
36.6
120
120
223.0
334.4
2,400
3,600
Apartments
30.5
100
30.5
100
929.0
10,000
All other uses
As required by the Development Officer or MDSA
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (R4) | 3
3.
MINIMUM PRINCIPAL SETBACK REQUIREMENTS
Front
Side
Rear
Use
m
ft.
m
ft.
m ft.
Multi-Unit dwellings
(excluding duplex, semi-
detached, rowhouse or
apartment)
7.6
25
Corner lots:
- street side:
- other side:
3.0
1.5
10
5
7.6
Use
Front
Side
Rear
m
ft.
m
ft.
m
ft.
Duplexes/Semi-Detached
6.1
20
1.5
5
7.6
25
Rowhousing
- interior units
- end units
7.6
7.6
25
25
Common wall
Corner lots:
- front street:
- other side:
7.6
3.8
25
12.5
7.6
25
Interior block
sites:
- both end units
3.0
10
Apartments
7.6
25
3.0
10
7.6
25
Accessory buildings
7.6
25
0.9
3
1.5
5
All other uses As required by the Development Officer or MDSA
4.
MAXIMUM LOT COVERAGE
Principal buildings
- 50% (with consideration for onsite parking requirements)
Accessory buildings
- 10%
5.
MINIMUM FLOOR AREA
Rowhousing
- 65.03 m2 (700 sq. ft.)
Apartments
- 46.5 m2 (500 sq. ft.)
Fourplexes
- 65.03 m2 (700 sq. ft.)
All other uses
- As required by the Development Officer or MDSA
6.
MAXIMUM BUILDING HEIGHT
Principal buildings
- 15.2 metres (50 ft.)
Accessory buildings
- 4.9 metres (16 ft.)
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (R4) | 4
Town of Pincher Creek Land Use Bylaw
7.
MULTI-UNIT DWELLING REQUIREMENTS
(a) Applicability
This Schedule applies to all Multi-Unit dwellings in the R4 district, including: fourplexes,
rowhouses and apartments, whether owner-occupied, rental, lease or condominium style
living accommodation.
(b) Maximum Permitted Density
The maximum permitted density for residential developments other than Single-
Detached, excluding public roadways, parks and utility parcels, shall be:
Use
Fourplex
Rowhouse or townhouse
Apartment or higher-density multi-unit
Units per ha
Units per acre
30
12
30
12
50
20
(c) Separation Space and Amenity Areas
- See Use Specific Standards - See Schedule 6, Section 20.
(d) Development Application Additional Requirements
In addition to the development permit application requirements of the Administrative
part of this bylaw, Section 20 of Schedule 6 contains additional application requirements
that also apply to all Multi-Unit density proposals.
- See Use Specific Standards - See Schedule 6, Section 2
8.
GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
9.
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
10. PARKING AND LOADING REQUIREMENTS - See Schedule 5.
11. LANDSCAPING AND SCREENING - See Schedule 5.
12. CLUSTER/COTTAGE HOUSING - See Schedule 6.
13. SIGNS - See Appendix D.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (C1) | 1
DOWNTOWN / RETAIL COMMERCIAL - C1
1.
INTENT - The intent of the Downtown/Retail Commercial land use district is to:
(a) strengthen the retail function of the downtown by facilitating the development or location
of retail stores and other desirable commercial uses such as financial institutions, business
support services, personal services and restaurants;
(b) allow for the development of other downtown commercial uses which contribute to the
town's vitality of the commercial core;
(c) ensure that all development in this district is functional and attractive.
PERMITTED USES*
USE SPECIFIC STANDARDS
Addition to a Permitted Use
Bakery
Business Support Service
Convenience Store
Financial Institution
Fitness Facility and Health Centre
Hotel
Laundromat / Dry Cleaner
Office
Personal Health Care Service
Personal Service
Post Office
Public and Institutional
Public or Private Utility
Restaurant / Food Establishment
Schedule 6, Section 26
Retail Store
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Shipping Container - Temporary, Class 1
Schedule 6, Section 29
Solar Collector, Individual (roof / wall mount)
Schedule 6, Section 32
* See Schedule 1, Development Not Requiring A Development Permit.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (C1) | 2
Town of Pincher Creek Land Use Bylaw
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Building, Structure or Use
Schedule 5, Sections 8 & 9
Addition to a Discretionary Use
Amusement Facility
Animal Care Service, Minor
Bar or Lounge
Cannabis Retail Sale
Schedule 6, Section 6
Childcare Facility
Schedule 6, Section 9
Clubs and Fraternal Organizations
Dwelling Unit (residential) as a secondary use to an
approved principal use
Entertainment Establishment
Existing Construction Supply and Contractor
Farmers / Seasonal Market
Household Repair Service
Liquor Retail Store
Medical and Dental Clinic
Mixed-Use Residential & Commercial
Schedule 6, Section 19
Parking Facility
Places of Worship/Churches
Public Park or Recreation
Publishing, Broadcasting or Recording Establishment
Shipping Container - Temporary Class 2
Schedule 6, Section 29
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Specialty Manufacturing/Cottage Industry
Veterinary Clinic, Small Animal
Schedule 6, Section 3
PROHIBITED USES
Restaurant, Drive-thru
Shipping Container (Permanent)
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 Administration, Section 3.7, is a Prohibited Use.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (C1) | 3
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Public and Institutional,
Public or Private Utilities, and
Public Park or Recreation
As required by the Development Officer or MDSA
All other uses:
- laned lot
- laneless lot
7.62
15.24
25
50
30.5
25.9
100
85
232.25
394.8
2,500
4,250
The Development Officer or MDSA may require and approve special lot sizes in consideration of the
Downtown Core Overlay Area. - See Section 7 of this district and Schedule 4.
3.
MINIMUM SETBACK REQUIREMENTS
(a) Lots - Served by Lane
A principal building on a lot which is served by a lane shall be setback as required by the
Development Officer or MDSA.
(b) Lots - Laneless
A principal building on a lot which is not served by a lane is not subject to any yard setback
requirements, provided the use provides adequate parking and loading space
requirements subject to Schedule 5 of this bylaw.
Allowance for zero lot lines (no setback) may be considered by the Development Authority in
the Downtown Core Overlay Area. - See Section 7 of this district and Schedule 4.
4.
MAXIMUM LOT COVERAGE
Principal and accessory buildings - 80% (with consideration for onsite parking requirements)
5.
MAXIMUM BUILDING/STRUCTURE HEIGHT
Principal building
- 3 storeys
Accessory buildings - 4.9 metres (16 ft.)
Fences and gates
- 1.8 metres (6 ft.) in rear yard
- As required by the Development Officer or MDSA in the front or side yard
(a) 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.
(b) For new construction, the roofline of the principal building may be required to be
compatible with the surrounding structures to the satisfaction of the Development Officer
or Municipal Development and Subdivision Authority.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (C1) | 4
Town of Pincher Creek Land Use Bylaw
6.
MINIMUM FLOOR AREA
69.68 m2 (750 sq. ft.) or a relaxation of the minimum floor area may be granted by the
Municipal Development and Subdivision Authority if deemed appropriate.
7.
DOWNTOWN CORE OVERLAY AREA - See Schedule 4.
Special development standards and requirements are applicable to the following area in the
main downtown core as shown on the map.
(a) Application: The regulations in Schedule 4 of the Downtown Core Overlay District apply to
a proposed new development, change of use, new construction, or intensification of use of
an existing building, or new signage or changes to existing signage on lands located within
the Overlay District.
(b) The requirements of the Overlay District are above and beyond the requirements
contained in the land use districts that may be affected by this overlay, and if there is a
conflict between the requirements of a land use district and the Overlay District, the
Overlay District section of Schedule 4 shall take precedence.
8.
PARKING AND LOADING REQUIREMENTS - See Schedule 5.
(a) Also see Schedule 4 of the Downtown Core Overlay district for special parking allowances,
exemptions and requirements. The Parking Exemption Area A of the downtown has
special parking regulations (relaxations) that are to be considered by the Development
Officer or MDSA.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (C1) | 5
(b) For mixed-use developments comprising a multi-unit residential component the
Development Authority shall determine the required amount of parking to be provided
with consideration for Schedule 5, General Land Use Standards, Parking and Off-loading
Requirements of this Bylaw.
9.
OUTDOOR STORAGE AND SALES
No on-site outdoor storage or sale of goods shall be permitted within this land use district
unless expressly approved in a development permit.
10. GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
11. USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
12. LANDSCAPING AND SCREENING - See Schedule 5.
13. SIGNS - See Appendix D.
14. FLOOD DAMAGE REDUCTION OVERLAY AREA - See Schedule 4
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (C2) | 1
HIGHWAY / COMPREHENSIVE COMMERCIAL - C2
1.
INTENT - The intent of the Highway/Comprehensive Commercial district is to: provide
convenient highway area locations for commercial uses which require both high visibility and
ready access to designated highways for the motoring public; to accommodate commercial
developments that may require a larger parcel or land base; and, to manage commercial uses in
a shopping or strip mall environment or mixed-commercial use building or site.
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure
Schedule 5, Sections 8 & 9
Addition to a Permitted Use
Animal Care Service, Minor
Schedule 6, Section 3
Auto Body and Paint Shop
Automotive Sales, Rental and Service
Bakery
Business Support Service
Convenience Store
Entertainment Establishment
Financial Institution
Fitness Facility and Health Centre
Garden Centre
Household Repair Service
Office
Personal Health Care Service
Personal Service
Public or Private Utility
Restaurant, Drive-thru
Restaurant / Food Establishment
Schedule 6, Section 26
Retail Store
Shipping Container - Temporary, Class 1
Schedule 6, Section 29
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (roof / wall mount)
Schedule 6, Section 32
Veterinary Clinic, Small Animal
Schedule 6, Section 3
* See Schedule 1, Development Not Requiring A Development Permit.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (C2) | 2
Town of Pincher Creek Land Use Bylaw
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Use
Addition to a Discretionary Use
Amusement Facility
Animal Care Service
Schedule 6, Section 3
Bar or Lounge
Cannabis Retail Sales
Schedule 6, Section 6
Car Wash
Clubs and Fraternal Organizations
Equipment Sales, Rentals and Service
Farmers / Seasonal Market
Fleet and Transportation Service
Funeral Home
Home Improvement Centre
Hotel / Motel
Laundromat / Dry Cleaner
Liquor Retail Store
Medical and Dental Clinic
Moved-in Building
Schedule 6, Section 22
Personal Health Care Service
Public and Institutional
Publishing, Broadcasting or Recording Establishment
Recreational Vehicle Sales, Rental and Service
Retail Warehouse
Service Station or Gas Bar
Schedule 6, Section 28
Shipping Container (Permanent)
Schedule 6, Section 29
Shipping Container - Temporary, Class 2
Schedule 6, Section 29
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (ground mount)
Schedule 6, Section 32
Specialty Manufacturing/Cottage Industry
Truck Stop
Veterinary Clinic, Large Animal
Schedule 6, Section 3
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 Administration, Section 3.7, is a Prohibited Use.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (C2) | 3
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Drive-thru Restaurants
30.5
100
30.5
100
929.0
10,000
Hotels / Motels
30.5
100
30.5
100
929.0
10,000
Retail Stores
22.9
75
30.5
100
698.0
7,500
Vehicle Sales and Rentals
30.5
100
30.5
100
929.0
10,000
Fleet and Transportation Services
30.5
100
45.7
150
1858.0
20,000
Gas Bar
30.5
100
30.5
100
929.0
10,000
Service Stations
30.5
100
30.5
100
1500.0
16,146
Truck Stops
91.4
300
45.7
150
4,180.5
45,000
Public and Institutional
Public or Private Utilities
As required by the Development Officer
All other uses
30.5
100
30.5
100
929.0
10,000
3.
MINIMUM SETBACK REQUIREMENTS
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
Automotive Repair and Service
15.2
50
3.0
10
3.0
10
Retail Stores 2,787 m² (30,000 sq. ft.)
GFA or greater in size
9.1
30
4.5
15
9.1
30
Service Station / Gas Bar
15.2
50
3.0
10
3.0
10
Truck Stops
20.1
66
3.0
10
3.0
10
Public or Private Utilities
As required by the Development Officer or MDSA
All other uses
9.1
30
3.0
10
3.0
10
Accessory buildings 27.87 m2 (300 sq.
ft.) or less in size
Same as principal
building*
0.91
3
1.52
5
Accessory buildings - all other
As required by the Development Officer or MDSA
Accessory buildings* on a corner lot with a secondary front yard are to be set back the same as the
principal building.
4.
MAXIMUM LOT COVERAGE
Principal & accessory buildings - 80% (with consideration for onsite parking requirements)
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (C2) | 4
Town of Pincher Creek Land Use Bylaw
5.
MAXIMUM BUILDING HEIGHT
Principal buildings - 3½ storeys or 10.7 m (35 ft.)
Accessory buildings - 4.9 metres (16 ft.)
(a) 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.
MINIMUM FLOOR AREA
69.68 m2 (750 sq. ft.) or a relaxation of the minimum floor area may be granted by the
Municipal Development and Subdivision Authority if deemed appropriate.
7.
ENVIRONMENTAL IMPACT ASSESSMENT
Where, in the opinion of the Development Officer or the Municipal Development and
Subdivision Authority, a proposed development may create an unacceptable environmental
impact, an environmental impact assessment may be required prior to dealing with the
application.
8.
LANDSCAPING REQUIREMENTS
Landscaping shall be provided on all street frontage and shall be to the satisfaction of the
Development Officer or the Municipal Development and Subdivision Authority.
(a)
A minimum of 10 percent of the total lot area must be landscaped.
(b) Other landscaping requirements - See Schedule 5.
9.
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
Schedule 6 will apply.
10. GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
11. USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
12. STACKING AND QUEUING SPACES - See Schedule 6.
- applicable to Dive-thru Restaurants and Service Station Gas Bars
13. PARKING AND LOADING SPACE REQUIREMENTS - See Schedule 5.
14. LANDSCAPING AND SCREENING - See Schedule 5.
15. SIGNS - See Appendix D.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (C3) | 1
COMPREHENSIVE MIXED-USE - C3
1.
INTENT - The intent of the Comprehensive Mixed-Use land use district is to both identify
residential areas within the community whereby the commercial expansion of the downtown
may be feasible and/or desirable to develop; and, to also support residential development that
is preferably medium density and is considered complimentary and supportive to the
commercial and professional service uses within a mixed-use and sustainable neighbourhood
concept.
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure
Schedule 5, Sections 8 & 9
Addition to a Permitted Use
Bakery
Day Home
Schedule 6, Section 11
Dwellings:
Existing Residential Dwellings (all types)
Existing Accessory Buildings
Financial Institution
Home Occupation - Class 1
Schedule 6, Section 15
Office
Personal Service
Public or Private Utility
Restaurant / Food Establishment
Schedule 6, Section 26
Retail Store
Shipping Container - Temporary, Class 1
Schedule 6, Section 29
Short Term Rental - Type 1
Schedule 6, Section 30
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (roof/wall mount)
Schedule 6, Section 32
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Use
Addition to Existing Residential Dwelling
Amusement Facility
* See Schedule 1, Development Not Requiring A Development Permit.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (C3) | 2
Town of Pincher Creek Land Use Bylaw
DISCRETIONARY USES (CONT'D)
USE SPECIFIC STANDARDS
Business Support Service
Cannabis Retail Sales
Schedule 6, Section 6
Childcare Facility
Schedule 6, Section 9
Club and Fraternal Organizations
Dwelling Unit as a Secondary Use to an approved
principal use
Dwellings:
Multi-unit
- Apartments
- Duplexes / Semi-detached
- Fourplexes
- Rowhouses
- Triplexes
Moved-in Dwelling
Single Detached
Entertainment Establishment
Farmers / Seasonal Market
Group Home
Schedule 6, Section 14
Group Care Facility
Schedule 6, Section 14
Home Occupation - Class 2
Schedule 6, Section 15
Household Repair Service
Medical and Dental Clinic
Mixed Use Residential Units/Commercial Use
Schedule 6, Section 19
Moved-in Building
Schedule 6, Section 22
Parking Facility
Public and Institutional
Public Park or Recreation
Publishing, Broadcasting or Recording Establishment
Shipping Container - Temporary, Class 2
Schedule 6, Section 29
Signs - in accordance with Appendix D
Short Term Rental - Type 2
Schedule 6, Section 30
Similar Use - in accordance with Administration,
Section 3.7
Specialty Manufacturing/Cottage Industry
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (C3) | 3
PROHIBITED USES
Hotel
Restaurant, Drive-thru
RVs as a Residential Use
Shipping Container (Permanent)
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 Administration, Section 3.7, is a Prohibited Use.
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Public and Institutional,
Public or Private Utilities, and
Public Park or Recreation
As required by the Development Officer
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
All other uses:
- laned lot
- laneless lot
20.1
20.1
66
66
30.5
25.9
100
85
613.1
521.2
6,600
5,610
3.
MINIMUM SETBACK REQUIREMENTS
(a) Lots - Served by Lane
A principal building on a lot which is served by a lane shall be setback in accordance with the
following:
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
Dwellings: Single-detached, Duplex -
Semi-detached, Rowhouse
6.1
20
1.5
5
7.6
25
All other uses
As required by the Development
Officer of MDSA
7.6
25
(b) Lots - Laneless
A principal building on a lot which is not served by a lane is not subject to any yard setback
requirements provided the use provides adequate parking and loading space requirements
subject to Schedule 5 of this bylaw.
Accessory buildings - As required by the Development Officer of MDSA, or if not specified, the
standards in Schedule 5 will apply.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (C3) | 4
Town of Pincher Creek Land Use Bylaw
4.
MAXIMUM LOT COVERAGE
Existing Residences and Single-detached dwellings
- 50%
All Other - Principal and accessory buildings
- 80% (with consideration for onsite
parking)
5.
MAXIMUM BUILDING HEIGHT
Principal building
- 3 storeys or 10 m (30 ft.)
Accessory buildings - 4.9 metres (16 ft.)
(a) 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.
MINIMUM FLOOR AREA
(a) 69.68 m2 (750 sq. ft.) or a relaxation of the minimum floor area may be granted by the
Municipal Development and Subdivision Authority if deemed appropriate.
(b) Mixed-Use - Residential units/Commercial use - 46.5 m2 (500 sq. ft.) per unit.
7.
NON-CONFORMING BUILDINGS AND USES
All non-conforming buildings and uses shall be governed by section 643 of the MGA.
8.
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
Schedule 6 will apply.
9.
DOWNTOWN CORE OVERLAY AREA - See Schedule 4.
Special development standards and requirements are applicable to the following area in the
main downtown core as shown on the map.
(a) Application: The regulations in Schedule 4 of the Downtown Core Overlay District apply to
a proposed new development, change of use, new construction, or intensification of use of
an existing building, or new signage or changes to existing signage on lands located within
the Overlay District.
(b) The requirements of the Overlay District are above and beyond the requirements
contained in the land use districts that may be affected by this overlay, and if there is a
conflict between the requirements of a land use district and the Overlay District, the
Overlay District section of Schedule 4 shall take precedence.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (C3) | 5
10. PARKING AND LOADING SPACE REQUIREMENTS - See Schedule 5.
(a) For mixed-use developments comprising a multi-unit residential component the
Development Authority shall determine the required amount of parking to be provided
with consideration for Schedule 5, General Land Use Standards, Parking and Off-loading
Requirements of this Bylaw.
11. GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
- Fences and Gates - See Schedule 5.
12. USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
13. PARKING AND LOADING SPACE REQUIREMENTS - See Schedule 5
14. LANDSCAPING AND SCREENING - See Schedule 5.
15. SIGNS - See Appendix D.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (I1) | 1
GENERAL INDUSTRIAL AND WAREHOUSING - I1
1.
INTENT - The intent of the General Industrial and Warehousing land use district is to:
(a) accommodate a wide range of industrial, manufacturing, warehousing, and select
commercial uses; and
(b) accommodate where deemed suitable other industrial uses which may:
-
be considered noxious or hazardous since they involve operations, processes or
substances which require safety or other precautions;
-
require special precautions and/or siting to minimize land use conflicts;
-
require larger sized lots; or
-
require careful consideration because they may require services beyond those which
are readily available.
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure to a Permitted Use
Schedule 5, Sections 8 & 9
Addition to a Permitted Use
Animal Care Service, Minor
Schedule 6, Section 3
Auction House
Automotive Sales, Rentals and Service
Business Support Service
Contractor
Equipment Sales, Rental and Service
Fleet and Transportation Service, Major and Minor
Household Repair Service
Machinery Sales, Rental and Service
Mini-storage
Office
Outdoor Storage as an ancillary use to an approved
use*
Schedule 6, Section 23
Public or Private Utility
Publishing, Broadcasting or Recording Establishment
Retail Warehouse 1858 m² (20,000 sq ft) GFA or less in
size
Shipping Container - Temporary Class 1 and Class 2
Schedule 6, Section 29
Signs - in accordance with Appendix D
* See Schedule 1, Development Not Requiring A Development Permit.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (I1) | 2
Town of Pincher Creek Land Use Bylaw
PERMITTED USES* (CONT'D)
USE SPECIFIC STANDARDS
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (roof / wall mount)
Schedule 6, Section 32
Taxi Service
Veterinary Clinic, Small Animal
Schedule 6, Section 3
Warehouse, Industrial (Contractor, Trade)
Wholesale Trade
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Abattoir
Accessory Building or Structure to a Discretionary Use
Schedule 5, Sections 8 & 9
Accessory Use
Addition to a Discretionary Use
Amusement Facility
Animal Care Service
Schedule 6, Section 3
Auction Market
Auto Body and Paint Shop
Bulk Fuel Storage and Sales
Schedule 6, Section 28
Cannabis Production Facility
Schedule 6, Section 7
Car or Truck Wash
Schedule 6, Section 8
Concrete Batch Plant
Construction Camp
Construction Trade Shop
Dwelling Unit as a secondary use to an approved
principal use
Farm Supplies and Service
Farmers / Seasonal Market
Funeral Home
Garden Centre
Greenhouse
Industrial Contractor Service
Industrial/Manufacturing Processing
Intensive Horticultural Operations or Facilities
Lumber and Building Supply
* See Schedule 1, Development Not Requiring A Development Permit.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (I1) | 3
DISCRETIONARY USES (CONT'D)
USE SPECIFIC STANDARDS
Manufactured Home Sales
Meat Packing / Processing Plant
Moved-in Building
Schedule 6, Section 22
Noxious or Hazardous Industries
Outdoor Storage as a Principal Use
Schedule 6, Section 23
Public and Institutional Use
Recreational Vehicle Storage
Recycling Facility
Retail Warehouse, greater than 1858 m² (20,000 sq ft)
GFA in size
Salvage or Waste Disposal Facility
Service Station or Gas Bar
Schedule 6, Section 28
Shipping Container (Permanent)
Schedule 6, Section 29
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (ground mount)
Schedule 6, Section 32
Solar Collector Facilities, Commercial (ground mount)
Schedule 6, Section 33
Specialty Manufacturing/Cottage Industry
Surveillance Suite
Schedule 6, Section 35
Taxidermist
Taxi Service
Truck Stop
Veterinary Clinic, Large Animal
Schedule 6, Section 3
Welding and Metal Fabrication Shop
Small Wind Energy Conversion Systems (SWECS)
Schedule 6, Section 31
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 Administration, Section 3.7, is a Prohibited Use.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (I1) | 4
Town of Pincher Creek Land Use Bylaw
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Public or private utilities
As required by the Development Officer or MDSA
Fleet and Transportation services
30.5
100
45.7
150
1858.0
20,000
Retail or wholesale warehousing
1858 m² (20,000 sq ft) GFA or greater
in size
45.7
150
45.7
150
2322.5
25,000
Gas Bar
30.5
100
30.5
100
929.0
10,000
Service Stations
30.5
100
30.5
100
1500.0
16,146
Truck Stops
91.4
300
45.7
150
4,180.5
45,000
Vehicle Sales and Rentals
30.5
100
30.5
100
929.0
10,000
All other uses
18.3
60
38.1
125
696.8
7,500
or as required by the MDSA
3.
MINIMUM SETBACK REQUIREMENTS
Use
Front
Side
Rear
m
ft.
m
ft.
m
ft.
Service Station / Gas bar
15.2
50
3.0
10
3.0
10
Truck Stops
20.1
66
3.0
10
3.0
10
All other Principal uses
7.6
25
1.5
5
1.5
5
or as required by the MDSA
Accessory Buildings 27.87 m2 (300 sq.
ft.) or less in size
Same as principal
building*
0.91
3
1.52
5
Accessory Buildings - all other
As required by the Development Officer or MDSA
Accessory buildings* on a corner lot with a secondary front yard are to be set back the same as the
principal building.
4.
MAXIMUM LOT COVERAGE
As required by the Development Officer or MDSA (with consideration for onsite parking).
5.
MAXIMUM BUILDING HEIGHT
As required by the Development Officer or MDSA.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (I1) | 5
6.
MINIMUM FLOOR AREA
69.68 m2 (750 sq. ft.) or a relaxation of the minimum floor area may be granted by the
Municipal Development and Subdivision Authority if deemed appropriate.
7.
LANDSCAPING REQUIREMENTS
Landscaping shall be provided on all street frontage and shall be to the satisfaction of the
Development Officer or the MDSA.
(a) A minimum of 10 percent of the total lot area must be landscaped.
(b) Other landscaping requirements - See Schedule 5
8.
ENVIRONMENTAL IMPACT ASSESSMENT
Where, in the opinion of the Development Officer or the MDSA, a proposed development may
create an unacceptable environmental impact, an environmental impact assessment may be
required prior to dealing with the application.
9.
RESTRICTIVE COVENANTS
As a condition of subdivision approval, the MDSA may request the concurrent registration of a
restrictive covenant against any new lots to address landscaping and architectural controls for
all new development.
10. GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
11. USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
12. PARKING AND LOADING SPACE REQUIREMENTS - See Schedule 5.
13. SHIPPING CONTAINERS See Schedule 6
14. SIGNS - See Appendix 4.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (I2) | 1
LIGHT INDUSTRIAL - I2
1. INTENT - The intent of the Light Industrial land use district is to allow light industrial and other
comparable development in those areas of the Town of Pincher Creek that are considered most
suitable, while prohibiting noxious uses, through the regulation of the following permitted and
discretionary uses:
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure
Schedule 5, Sections 8 & 9
Addition to a Permitted Use
Animal Care Service, Minor
Schedule 6, Section 3
Automotive Sales, Rentals and Service
Business Support Service
Construction Trade Shop
Contractor
Equipment Sales, Rental or Service
Garden Centre
Greenhouse
Light Industrial / Manufacturing Processing
Lumber and Building Supply / Material
Office
Outdoor Storage as an Ancillary Use to an approved
use*
Schedule 6, Section 23
Public or Private Utility
Retail Warehouse, 1858 m² (20,000 sq ft) GFA or less in
size
Shipping Container - Temporary Class 1 and Class 2
Schedule 6, Section 29
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (roof/wall mount)
Schedule 6, Section 32
Veterinary Clinic, Small Animal
Schedule 6, Section 3
* See Schedule 1, Development Not Requiring A Development Permit.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (I2) | 2
Town of Pincher Creek Land Use Bylaw
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Use
Addition to a Discretionary Use
Animal Care Service
Schedule 6, Section 3
Bulk Fuel Storage and Sales
Schedule 6, Section 28
Machinery Equipment, Sales and Service
Bar or Lounge
Moved-in Building
Schedule 6, Section 22
Recycling Facility
Restaurant / Food Establishment
Schedule 6, Section 26
Retail Uses ancillary to Industrial or Warehousing Uses
Retail Warehouse, greater than 1858 m² (20,000 sq ft)
GFA in size
Recreational Vehicle Sales and Service
Service Station or Gas Bar
Schedule 6, Section 28
Shipping Container - Permanent
Schedule 6, Section 29
Signs (in conjunction with a discretionary use) - in
accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (ground mount)
Schedule 6, Section 32
Specialty Manufacturing/Cottage Industry
Truck Transportation Depot
Veterinary Clinic, Large Animal
Schedule 6, Section 3
Warehouse, Industrial (Contractor, Trade)
Wholesale Trade
PROHIBITED USES
Abattoir/ Meat Packing Plant
Concrete Batch Plant
Natural Resource Extractive Uses
Noxious and Hazardous Uses
Rural Industry
Salvage or Waste Disposal Facility
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 Administration, Section 3.7, is a Prohibited Use.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (I2) | 3
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Public or Private Utilities
As required by the Development Officer or MDSA
Gas Bar
30.5
100
30.5
100
929.0
10,000
Service Stations
30.5
100
30.5
100
1500.0
16,146
All other uses
30.5
100
45.7
150
1393.5
15,000
3.
MINIMUM SETBACK REQUIREMENTS
Use
Front Yard
Side Yard
Rear Yard
m
ft.
m
ft.
m
ft.
Service Station / Gas Bar
15.2
50
3.0
10
3.0
10
All other Principal uses
7.6
25
3.0
10
7.6
25
(internal lots)
4.6
15
(corner lots)
Accessory Buildings 27.87 m2 (300 sq.
ft.) or less in size
Same as principal
building*
0.91
3
1.52
5
Accessory Buildings - all other
As required by the Development Officer or MDSA
Accessory buildings* on a corner lot with a secondary front yard are to be set back the same as the
principal building.
4.
MAXIMUM LOT COVERAGE
Total: 60 percent combined - No buildings or structures shall occupy more than 60 percent of
the surface area of any lot within this land use district.
5.
MINIMUM FLOOR AREA
69.68 m2 (750 sq. ft.) or a relaxation of the minimum floor area may be granted by the MDSA if
deemed appropriate.
6.
OUTDOOR STORAGE
(a) No outdoor storage shall be permitted in the required front yard setback nor in the
required corner lot side (secondary) yard setback.
(b) Display of vehicles, new machinery and new equipment may be allowed in front of a
proposed building, provided such display does not encroach on the required front or side
yards.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (I2) | 4
Town of Pincher Creek Land Use Bylaw
(c) Outdoor storage areas shall be effectively screened from view by buildings, solid fences,
trees, landscaped features or combinations thereof and be maintained in good repair.
(d) Sites for other outdoor storage of goods, machinery, vehicles, building materials, scrap
metal material, other waste materials and other times, at the discretion of the
Development Officer, may be permitted if kept in a neat and orderly manner and/or
suitably enclosed by a fence or wall or screened with landscaping to the satisfaction of the
Development Officer.
7.
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
Schedule 6 will apply.
8.
ENVIRONMENTAL IMPACT ASSESSMENT
Where, in the opinion of the Development Officer or the MDSA, a proposed development may
create an unacceptable environmental impact, an environmental impact assessment may be
required prior to dealing with the application.
9.
LANDSCAPING REQUIREMENTS
Landscaping shall be provided on all street frontage and shall be to the satisfaction of the
Development Officer or the MDSA.
(a) A minimum of 10 percent of the total lot area must be landscaped.
(b) Other landscaping requirements - See Schedule 5
10. RESTRICTIVE COVENANTS
As a condition of subdivision approval, the MDSA may request the concurrent registration of a
restrictive covenant against any new lots to address landscaping and architectural controls for
all new development.
11. GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
12. USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
13. PARKING AND LOADING SPACE REQUIREMENTS - See Schedule 5.
14. SHIPPING CONTAINERS- See Schedule 6
15. SIGNS - See Appendix D.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (I3) | 1
BUSINESS PARK - I3
1. INTENT - The intent of the Business Park land use district is to accommodate a variety of
compatible commercial, light industrial, recreational, public and institutional uses in the
business park promoting a harmonious business environment of mixed land uses through the
regulation of the following permitted, discretionary and prohibited uses.
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure
Schedule 5, Sections 8 & 9
Addition to a Permitted Use
Auction House
Bakery
Business Support Service
Contractor
Fitness Facility
Household Repair Service
Motel
Office
Outdoor Storage as an ancillary use to an approved
use*
Schedule 6, Section 23
Public or Private Utility
Publishing, Broadcasting or Recording Establishment
Restaurant Drive-thru
Restaurant / Food Establishment
Schedule 6, Section 26
Shipping Container - Temporary Class 1 or Class 2
Schedule 6, Section 29
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (roof / wall mount)
Schedule 6, Section 32
Taxi Service
* See Schedule 1, Development Not Requiring A Development Permit.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (I3) | 2
Town of Pincher Creek Land Use Bylaw
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Use
Addition to a Discretionary Use
Amusement Facility
Animal Care Service, Minor
Schedule 6, Section 3
Automotive Sales, Rentals and Service
Bar or Lounge
Building Supply Centre
Bus Depot
Cannabis Retail Sales
Schedule 6, Section 6
Car or Truck Wash
Schedule 6, Section 8
Childcare Facility
Schedule 6, Section 9
Construction Trade Shop
Dwelling Units as a secondary use to an approved
principal use
Entertainment Establishment
Equipment Sales, Rental and Service
Farmers Market
Farm Supplies and Service
Fleet and Transport Service
Garden Centre
Greenhouse
Home Improvement Centre
Liquor Store
Mini-storage
Moved-in Building
Schedule 6, Section 22
Outdoor Storage as a principal use
Schedule 6, Section 23
Public and Institutional Use
Public or Quasi-public Buildings or Use
Recreational Vehicle Sales, Rental and Service
Service Stations or Gas Bar
Schedule 6, Section 28
Shipping Container (Permanent)
Schedule 6, Section 29
Signs (in conjunction with a discretionary use) - in
accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Surveillance Suite
Schedule 6, Section 35
Taxidermist
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (I3) | 3
DISCRETIONARY USES (CONT'D)
USE SPECIFIC STANDARDS
Truck Repair and Servicing
Truck Transport Depot
Trucking Establishment
Veterinary Clinic, Small Animal
Schedule 6, Section 3
Warehouse, Industrial (Contractor, Trade)
Welding and Metal Fabrication Shop
Workshops
PROHIBITED USES
Abattoir / Meat Packing Plant
Concrete Batch Plant
Natural Resource Extractive Uses
Noxious and Hazardous Uses
Resource Processing Activities
Rural Industry
Salvage or Waste Disposal Facility
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 Administration, Section 3.7, is a Prohibited Use.
2.
MINIMUM LOT SIZE
Use
Width
Length
Area*
m
ft.
m
ft.
m2
sq. ft.
Serviced lots
30.5
100
30.5
100
1858.0
20,000
Unserviced lots
45.75
150
45.7
150
3716.0
40,000
* Minimum Area is the overall principal measurable standard to be met, and either the width or
length dimension measurement must correspondingly exceed the stipulated minimums when they are
combined to achieve the total minimum area.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (I3) | 4
Town of Pincher Creek Land Use Bylaw
3.
MINIMUM SETBACK REQUIREMENTS
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Public or Private Utilities
As required by the Development Officer or MDSA
Service Station / Gas Bar
15.2
50
3.0
10
3.0
10
All other uses
7.6
25
3.0
10
7.6
25
corner lots (street side)
4.6
15
Accessory Buildings 27.87 m2 (300 sq.
ft.) or less in size
Same as principal
building*
0.91
3
1.52
5
Accessory Buildings - all other
As required by the Development Officer or MDSA
Accessory buildings* on a corner lot with a secondary front yard are to be set back the same as the
principal building.
4.
MAXIMUM LOT COVERAGE
Principal buildings
- 60% (with consideration for onsite parking requirements)
Accessory buildings
- 15%
5.
MAXIMUM BUILDING HEIGHT
Principal buildings
- 10 m (32.8 ft.)
Accessory buildings
- 6.1 m (20.0 ft.)
6.
OUTDOOR STORAGE
(a) No outdoor storage shall be permitted in the required front yard setback nor in the
required corner lot side yard setback.
(b) Display of vehicles, new machinery and new equipment may be allowed in front of a
proposed building, provided such display does not encroach on the required front or side
yards.
(c) Outdoor storage areas shall be effectively screened from view by buildings, solid fences,
trees, landscaped features or combinations thereof and be maintained in good repair.
(d) Sites for other outdoor storage of goods, machinery, vehicles, building materials, scrap
metal material, other waste materials and other times, at the discretion of the
Development Officer, may be permitted if kept in a neat and orderly manner and/or
suitably enclosed by a fence or wall or screened with landscaping to the satisfaction of the
Development Officer.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (I3) | 5
7.
LANDSCAPING REQUIREMENTS
Landscaping shall be provided on all street frontage and shall be to the satisfaction of the
Development Officer or the MDSA may request the concurrent registration of a restrictive
covenant against any new lots to address landscaping and architectural controls for all new
development.
8.
GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
9.
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
10. PARKING AND LOADING SPACE REQUIREMENTS - See Schedule 5.
11. SHIPPING CONTAINERS- See Schedule 6
12. SIGNS - See Appendix D.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (POS) | 1
PARKS AND OPEN SPACE - POS
1.
INTENT - The intent of the Parks and Open Space land use district is to:
(a) identify public parks and recreation areas and facilitate their development;
(b) identify lands designated as Environmental or Municipal Reserve under the Act or former
Acts; and
(c) provide a means whereby buffer strips and public open space may be readily identified.
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure (Municipal)
Public Open Space*
Municipal Park / Buffer Strips
Municipal & Environmental Reserve Lands
Public Park or Recreation*
Public Utilities
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (roof / wall mount)
Schedule 6, Section 32
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Building or Structure (Private)
Accessory Use
Addition to an Approved Use
Clubs and Fraternal Organizations
Commercial/Private Recreation
Entertainment Establishment
Moved-in Building
Schedule 6, Section 22
Public and Institutional Use
Private Utilities
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Shipping Container - Temporary Class 1 or Class 2
Schedule 6, Section 29
Solar Collector, Individual (ground mount)
Schedule 6, Section 32
* See Schedule 1, Development Not Requiring A Development Permit.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (POS) | 2
Town of Pincher Creek Land Use Bylaw
DISCRETIONARY USES (CONT'D)
USE SPECIFIC STANDARDS
Small Wind Energy Conversion Systems (WECS)
Schedule 6, Section 31
PROHIBITED USES
Shipping Container (Permanent)
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 Administration, Section 3.7, is a Prohibited Use.
2.
MINIMUM LOT SIZE
As required by the Development Officer or MDSA.
3.
MINIMUM SETBACK REQUIREMENTS
Front Yard
Side Yard
Rear Yard
Use
m
ft.
m
ft.
m
ft.
Principal Uses
9.1
30
As required by the Development
Officer
Accessory Uses
As required by the Development Officer or MDSA
4.
MAXIMUM LOT COVERAGE
Principal and accessory buildings/structures
- 50% (with consideration for on-site parking
requirements)
5.
MAXIMUM BUILDING HEIGHT
Principal buildings
- As required by the Development Officer or MDSA
Accessory buildings
- 6.1 m (20 ft.)
6.
DEVELOPMENT LIMITATIONS
Where lands are designated as ER, identified a part of the Flood Damage Reduction zone, or
identified as potential hazard lands, development may be prohibited from being allowed
including public parks, passive or active recreational uses.
7.
GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
8.
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
9.
LANDSCAPING AND SCREENING - See Schedule 5.
10. PARKING AND LOADING SPACE REQUIREMENTS - See Schedule 5.
11. SHIPPING CONTAINERS- See Schedule 6
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (POS) | 3
12. SIGNS - See Appendix D.
13. FLOOD DAMAGE REDUCTION OVERLAY AREA - See Schedule 4
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (PI) | 1
PUBLIC AND INSTITUTIONAL - PI
1. INTENT - The intent of the Public and Institutional land use district is to:
(a) identify lands used for, or intended to be used for public and institutional uses and
facilitate the development of these areas at suitable locations; and
(b) accommodate, where appropriate, the development of other identified discretionary uses
that are compatible or ancillary to the institutional type uses.
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure
Schedule 5, Sections 8 & 9
Addition to a Permitted Use
Public and Institutional Use
Public Park or Recreation
Public or Private Utility
Shipping Container - Temporary Class 1
Schedule 6, Section 29
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (roof/wall mount)
Schedule 6, Section 32
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Use
Addition to a Discretionary Use
Assisted Living Facility
Childcare Facility
Schedule 6, Section 9
Clubs and Fraternal Organizations
Dwelling Units as a secondary use to an approved
principal use
Group Home / Group Care Facility
Schedule 6, Section 14
Health Centre / Hospital
Long-term Care Facility (Nursing Home)
Medical and Dental Clinic
Moved-in Building
Schedule 6, Section 22
Place of Worship/Church
Personal Health Care Service
* See Schedule 1, Development Not Requiring A Development Permit.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (PI) | 2
Town of Pincher Creek Land Use Bylaw
DISCRETIONARY USES (CONT'D)
USE SPECIFIC STANDARDS
Senior Citizen Housing
Shipping Container - Temporary Class 2
Schedule 6, Section 29
Signs (in conjunction with a Discretionary Use) - in
accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Small Wind Energy Conversion Systems (SWECS)
Schedule 6, Section 31
Solar Collector, Individual (ground mount)
Schedule 6, Section 32
PROHIBITED USES
Shipping Container (Permanent)
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 Administration, Section 3.7, is a Prohibited Use.
2.
MINIMUM LOT SIZE
As required by the Development Officer or MDSA.
3.
MINIMUM SETBACK REQUIREMENTS
As required by the Development Officer or MDSA.
4.
MAXIMUM LOT COVERAGE
As required by the Development Officer or MDSA (with consideration for on-site parking
requirements).
5.
MAXIMUM BUILDING HEIGHT
Principal buildings
- As required by the Development Officer or MDSA
Accessory buildings
- 6.1 m (20 ft.)
6.
MINIMUM FLOOR AREA
Principal building - 69.68 m2 (750 sq. ft.) or a relaxation of the minimum floor area may be
granted by the MDSA if deemed appropriate.
7.
GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
8.
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
9.
LANDSCAPING AND SCREENING - See Schedule 5.
10. PARKING AND LOADING SPACE REQUIREMENTS - See Schedule 5.
11. SHIPPING CONTAINERS- See Schedule 6
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (PI) | 3
12. SIGNS - See Appendix D.
13. FLOOD DAMAGE REDUCTION OVERLAY AREA - See Schedule 4
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (TUR) | 1
TRANSITIONAL / URBAN RESERVE - TUR
1. INTENT - The intent of the Transitional/Urban Reserve land use district is to:
(a) provide an interim land use classification for lands adjoining the built-up area of the town,
which may be subdivided and developed for urban uses in the future, but are presently
essentially agricultural or unurbanized; and
(b) prevent disorderly, incompatible or premature development and subdivision of essentially
agricultural or unurbanized lands until they are needed or suited for suitable, economical
and orderly urban development.
PERMITTED USES*
USE SPECIFIC STANDARDS
Accessory Building or Structure
Schedule 5, Sections 8 & 9
Accessory Dwelling Unit (ADU):
Within dwelling (basement/loft)
Attached to dwelling (addition)
Upper (above) attached garage
Schedule 6, Section 1
Addition, Residential
Day Home
Schedule 6, Section 11
Dwellings:
Single-Detached
- Site-built
- Prefabricated/RTM
Extensive Agriculture
Shipping Container - Temporary Class 1
Schedule 6, Section 29
Signs - in accordance with Appendix D
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (roof / wall mount)
Schedule 6, Section 32
DISCRETIONARY USES
USE SPECIFIC STANDARDS
Accessory Use
Addition to a Discretionary Use
Construction Camp
Farm Buildings and Structures
* See Schedule 1, Development Not Requiring A Development Permit.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (TUR) | 2
Town of Pincher Creek Land Use Bylaw
DISCRETIONARY USES (CONT'D)
USE SPECIFIC STANDARDS
Home Occupation - Class 1 and Class 2
Schedule 6, Section 15
Manufactured/Mobile Homes on Existing Lots
Moved-in Building
Schedule 6, Section 22
Public Park or Recreation
Public or Private Utility
Signs (in conjunction with a Discretionary Use) - in
accordance with Appendix D
Second Residence - all Single-detached types
Shipping Container - Permanent
Schedule 6, Section 29
Shipping Container - Temporary Class 2
Schedule 6, Section 29
Similar Use - in accordance with Administration,
Section 3.7
Solar Collector, Individual (ground mount)
Schedule 6, Section 32
Small Wind Energy Conversion Systems (SWECS)
Schedule 6, Section 31
PROHIBITED USES
Intensive Agriculture (confined feeding operations)
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 Administration, Section 3.7, is a Prohibited Use.
2.
MINIMUM LOT SIZE
Use
Width
Length
Area
m
ft.
m
ft.
m2
sq. ft.
Extensive agriculture
32.4 ha (80 acres)
Public park or recreation
As required by the Development Officer
Public or private utilities
As required by the Development Officer
All other uses
30.5
100
61.0
200
1858.0
20,000
3.
MINIMUM SETBACK REQUIREMENTS
As required by the Development Officer or MDSA.
4.
MAXIMUM LOT COVERAGE
As required by the Development Officer or MDSA.
5.
MAXIMUM BUILDING HEIGHT
Principal buildings
- 8.5 metres (28 ft.)
Accessory buildings
- 4.9 metres (16 ft.)
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (TUR) | 3
6.
MINIMUM FLOOR AREA
69.68 m2 (750 sq. ft.) or a relaxation of the minimum floor area may be granted by the MDSA if
deemed appropriate.
7.
EXTENSIVE AGRICULTURE
(a) 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, and seasonal grazing with no confinement.
(b) No development permit is required for temporary or seasonal pasturing, grazing of
livestock provided the standards and criteria of the bylaw are adhered to.
(c) The keeping of confined intensive livestock (confined feeding operations), farm or exotic
animals, manure stockpiling, composting are not permitted in this land use district.
8.
GENERAL STANDARDS OF DEVELOPMENT - See Schedule 5.
9.
USE SPECIFIC STANDARDS OF DEVELOPMENT - See Schedule 6.
10. LANDSCAPING AND SCREENING - See Schedule 5.
11. PARKING AND LOADING SPACE REQUIREMENTS - See Schedule 5.
12. SHIPPING CONTAINERS- See Schedule 6
13. SIGNS - See Appendix D.
14. FLOOD DAMAGE REDUCTION OVERLAY AREA - See Schedule 4
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (DC) | 1
DIRECT CONTROL - DC
1. INTENT - The intent of the Direct Control land use district is to:
(a) provide a means whereby Council may exercise particular control over the use and
development of land or buildings within an area of the municipality; and
(b) provide a means whereby Council may regulate and control the use or development of
land or buildings in any manner it considers necessary.
2.
USES
Council may by bylaw, specify permitted and/or discretionary uses and/or any prohibited
uses.
3.
APPROVAL PROCEDURE
(a) Before Council considers an application for a use or development in the Direct Control
district, it shall:
(i)
cause a Notice to be issued by the Development Authority in accordance with
Administrative Section of this Bylaw;
(ii) ensure that the notice contains the date and time that Council will hear the
application for waivers of development standards.
(iii) hear any person that claims to be affected by the decision on the application.
(b) Council may then approve the application with or without conditions or refuse the
application.
(c) Subsequent to a decision, notification shall be mailed to the applicant and either
displayed/posted in the Town Office or posted on the Town's webpage or social media
sites or both.
(d) In addition to Section 3(c), where the Development Authority has been delegated the
authority to decide upon applications for permitted uses and has done so, then
immediately upon issuance of the development permit the Development Authority shall
cause a notice to be published on the Town's webpage or social media sites or in a local
newspaper circulating or online in the area or both, stating the location of the property for
which the application has been made and the use approved.
4.
DELEGATION OF AUTHORITY
(a) The Development Authority, in accordance with Section 2.2 of the Land Use Bylaw and
pursuant to section 641(3) of the MGA, is Council.
(b) Council may delegate the authority to decide upon an application for permitted,
discretionary, or uses involving waivers to the Development Authority as described in the
adopting Direct Control bylaw.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 3 (DC) | 2
Town of Pincher Creek Land Use Bylaw
5.
APPEAL PROCEDURE
(a) Pursuant to Administrative, Section 4.22 and Section 685(4) of the MGA, if a decision with
respect to a development permit application is made by Council, there is no appeal to the
Subdivision and Development Appeal Board.
(b) If a decision with respect to a development permit application is made by the
Development Authority, then the appeal to the Subdivision and Development Appeal
Board shall be limited to whether the Development Authority followed the instructions
properly as delegated by Council.
6.
MINIMUM LOT SIZE, SETBACKS, LOT COVERAGE AND BUILDING HEIGHT
As required by Council.
7.
ACCESSORY BUILDINGS AND STRUCTURES SETBACKS AND STANDARDS
As required by Council.
8.
Any and all other Parts shall be considered prior to implementation of the subject bylaw and
may include the following (as required by Council):
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 3 (DC) | 3
DIRECT CONTROL DISTRICTS AND ADOPTING BYLAWS
(1) Any parcel designated as Direct Control as illustrated on the Maps in Schedule 2, Land Use
Districts Maps, is designated for that purpose.
(2) Where a parcel has been designated to Direct Control prior to this Land Use Bylaw coming into
effect and is included in the list below, the standards or regulations approved by Council at that
time of such designation to the Direct Control land use district shall continue to apply.
(a) Direct Control items No. 1 - 4 were adopted as amendments to previous Land Use Bylaws
and for continuity are adopted as part of this bylaw and remain in full force unless
otherwise amended or repealed. The amending bylaws follow this section.
No.
BYLAW
NO.
LEGAL DESCRIPTION
DATE OF
ADOPTION
1.
1440*
Lot 1, Block 4, Plan 1911542
May 1992
2
1440*
Lot 2, Block 4, Plan 1911543
May 1992
3.
1140*
Portion NW 23-06-30-W4M
May 1992
4.
1547-AS
Lot 13, 14, 102, Plan 552LK; Lot 103, Plan 460B
Feb. 2024
(3) The following is a reference list of redesignation bylaws adopted by 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.
No.
BYLAW NO.
LEGAL DESCRIPTION
DATE OF
ADOPTION
5.
1639-25-B
Portion of Plan Pincher Creek 3818GB Block "E"
containing 12.97 hectares (32.18 acres) more or
less;
January 26, 2026
6.
7.
*As per the new Land Use Bylaw adoption no bylaw or amendment is accompanying this bylaw
SCHEDULE 4:
OVERLAY DISTRICTS
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 4 (DCO) | 1
SCHEDULE 4
DOWNTOWN CORE OVERLAY DISTRICT - DCO
1.
INTENT: The intent of the Downtown Core Overlay is to protect, enhance and appropriately
regulate the core commercial centre with respect to historical development patterns and the
mixture of uses that exist and may be developed in the downtown area of Pincher Creek,
characterized by commercial, retail and office business developments in both historical and
modern buildings. The purpose is to ensure quality development occurs but to also allow
flexibility in the application of regulatory requirements due to the historical plot plans and
development of the downtown area, constraints present, and land use limitations due to the
location of the creek.
The requirements of this section are above and beyond the requirements contained in each of
the land use districts that may be affected by this overlay, and if there is a conflict between the
requirements of a land use district and this section, this section shall take precedence.
2.
APPLICABILITY: The regulations in this Overlay apply to a proposed change of use, new use or
construction, renovations, alterations to the façade of an existing building, or new signs or
changes to existing signage on lands located within the Overlay Area (identified by the
Downtown Core Overlay Area Map in section 5).
Application Requirements: Complete professionally prepared building drawings must be
submitted when requested by the Development Authority and shall be to scale and consist of a
site plan with parking, full elevation drawings (façade including colours, materials etc.), floor
plan, landscaping plan and a statement from the developer explaining the proposal.
3.
PERMITTED AND DISCRETIONARY LAND USES
The land uses that may be considered are those uses listed as permitted and discretionary in
the underlying land use district.
4.
MINIMUM LOT SIZE
As outlined in the applicable land use district the parcel is designated as.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 34(DCO) | 2
Town of Pincher Creek Land Use Bylaw
5.
DOWNTOWN CORE OVERLAY AREA MAP
6.
SPECIAL PARKING PROVISIONS IN THE DOWNTOWN PARKING AREA
For the calculation of parking requirements in the Downtown Core Overlay Area as defined by
the Downtown Core Area Map (section 5), the minimum standards as provided in Schedule 5,
General Development Standards, Parking Requirements, shall apply, except where the following
exemptions and requirements take precedence:
(a) Any new commercial/business building developments on vacant lots in the Downtown
Core Overlay Area shall provide 100 percent of the required off-street parking, with the
exception of those lots situated in Parking Exemption Area A (Map 5) where the relevant
Development Authority may waive up to 100% of the parking requirements for any use.
(b) Any existing commercial/business building or lot in the Downtown Core Overlay Area that
currently is unable to physically provide any parking on the lot due to inadequate legal or
physical access or the building covers a majority of the lot resulting in an adequate area
available for parking spaces, is subject to the following:
(i) Permitted uses: the Development Officer may waive up to 100% of the parking
requirements for any permitted use proposed to establish in the building or on the lot,
with the exception of hotels and restaurants which must be decided by the MDSA if
the parking variance is more than 15%; or
(ii) Discretionary uses: the MDSA may waive up to 100% of the parking requirements for
discretionary uses, but will consider the use proposed, parking requirements, and
whether any needed relaxation in parking provisions may impact the area or adjacent
properties or businesses in making the variance determination.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 4 (DCO) | 3
(c) A change of use application parking shall be determined on the basis of it categorized as a
permitted or discretionary use but if it does not propose to reduce the number of existing
parking spaces, it may be exempted from the parking requirements with exceptions being
when:
(i)
the net floor area of the building is increased, and/or
(ii) additional dwelling unit is added.
(iii) The above standards may be varied at the discretion of the Development Authority
specifically for the purpose of encouraging residential use in the commercial
Downtown Core Overlay Area pursuant to the Municipal Development Plan.
(d) Notwithstanding any other provision, there shall be no requirement to provide additional
off-street parking stalls for a proposal to redevelop an existing building in the commercial
Downtown Core Overlay Area (Map 1.3) for a new change in tenancy for a same or similar
development proposal to what previously existed in the building.
(e) Mixed-use developments - In the case of multiple uses on a parcel or site, parking spaces
equivalent to the total of the spaces required for each individual use shall be provided
unless otherwise exempted by the relevant Development Authority through the granting
of a variance.
(f)
For mixed-use developments comprising a multi-unit residential component the
Development Authority shall determine the required amount of parking to be provided
with consideration for Schedule 5, General Land Use Standards, Parking and Off-loading
Requirements of this Bylaw.
(g) For residential use or other non-commercial developments on lots not designated as C1,
the development shall provide 100 percent of the required off-street parking unless
otherwise waived by the Development Authority based on the individual merits of the
proposal.
(h) With respect to the relaxation provisions outlined, the applicant shall provide to the
Development Officer a dimensioned site plan illustrating how many physical parking
spaces are available on the lot and the applicant/developer shall reserve and provide those
minimum number of spaces available for parking. The Development Authority shall specify
the number of required and dedicated off-street parking stalls to be provided as a
condition of a development permit approval.
(i)
The Development Authority may allow limited sharing of parking spaces between two uses
where the normal hours of operation will not conflict with each other (e.g. a church and a
commercial use). In such circumstances, a parking agreement will be required between the
two parties to be provided to the satisfaction of the Development Authority to verify the
joint sharing arrangement.
(j)
For developments that are not exempted by this Section:
(i)
the location and design of all off-street parking areas shall be subject to the approval
of the Development Authority;
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Town of Pincher Creek Land Use Bylaw
(ii) the Development Authority may approve an alternative parking plan;
(iii) the Development Authority may approve a modification of the parking layout
standard of this Bylaw, for all or a portion of a parking area, where the incidence of
turnover and/or familiarity with the parking area is such that a reduced standard is
appropriate;
in accordance with the Schedule 5, General Land Use Standards, Parking and Off-
loading Requirements of this Bylaw.
(k) An applicant applying for a modified parking layout must submit an accurate site plan
based on a precise study of the area.
(l)
Parking spaces or lots should incorporate landscaping elements that enhance the
pedestrian experience, provide shade to reduce heat islands, and reduce Stormwater run-
off.
7.
SPECIAL DEVELOPMENT STANDARDS
(a) Discretionary uses may not be approved if determined by the Development Authority to
be incompatible with the purpose of preserving the commercial Downtown Core Overlay
Area or compromise the main commercial and business land use intent of creating a
viable, lively, and healthy economic town centre.
(b) Property line setbacks, building height and parcel coverage shall be the same as in the
underlying Land Use District. Where there appears a contrast between the regulations of
the underlying Land Use District and the historical development patterns of adjacent
buildings, the new development shall be expected to achieve a reasonable compromise
between these two standards but shall have more regard for historical development
patterns.
(c) Development should be of a style, design and quality that respects and compliments
existing buildings in the historic commercial area, or in accordance with design guidelines
that may be required by the MDSA and placed as a condition on a development permit.
(d) In addition to the provisions of the above paragraph, façade renovations, alterations,
additions and/or reconstruction of existing buildings shall be expected to retain the
integrity of a building's character defining elements if any character defining elements are
known to be present.
(e) Buildings, including those with a zero lot line frontage, may be permitted to have limited
projections (encroachments) over public property or into the municipal road right-of-ways
for attached structures or facade features if so authorized by the Development Authority,
subject to all the following:
(i)
The feature is securely fastened to the building to the satisfaction of the
Development Authority;
(ii) An Encroachment Agreement is entered into with the Town of Pincher Creek;
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SCHEDULE 4 (DCO) | 5
(iii) A written waiver of liability to Indemnify and Save Harmless the Town of Pincher
Creek which may form part of an encroachment agreement;
(iv) The other standards of the land use bylaw are met unless expressly waived by the
Development Authority.
(v) As a condition on a development permit approval the Development Authority may
stipulate the maximum distance of the allowed projection over/into the public
property, the minimum setback from the curb or developed portion of a roadway,
and if applicable, the required minimum clearance height above ground or sidewalk
grade.
The allowance over public property may be used for building cornices, window hoods,
pilasters, pedestals, bulk heads, segmental window heads, awnings, door or window lintels
or sills, projecting and overhanging signs, canopy signs, shingle signs or other approved
signage.
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SCHEDULE 4 (FDR) | 1
FLOOD DAMAGE REDUCTION - FDR OVERLAY
DISTRICT
1. INTENT - The intent of the Flood Damage Reduction overlay is to implement through an Overlay
District the "Canada-Alberta Flood Damage Reduction Program" prepared for land uses in
proximity to Pincher Creek and Kettles Creek within the Town of Pincher Creek through the
regulation of the following permitted, discretionary and prohibited uses. The boundaries of this
district shall follow those established on the Flood Information Map prepared for the Town of
Pincher Creek under this program (released September 27, 2024.
For the purposes of this district, the following definitions shall apply:
Flood Risk Area means an overlay which identifies the flood risk areas which have been mapped
under the Canada-Alberta Flood Damage Reduction Program, September 27, 2024.
Flood Hazard Area means the flood hazard area is the area of land that would be flooded
during the design flood. It is composed of the floodway and the flood fringe zones, which are
defined below.
Floodproofing means with respect to a building or building extension, a design, manner of
construction or siting thereof for the purpose of preventing damage by floods of a specified
magnitude.
Designated Flood Fringe means the outer portion of the flood risk area, adjacent to the
floodway. The water in the flood fringe is generally shallower and flows more slowly than in the
floodway. The flood fringe typically represents areas with shallower (less than 1 m deep),
slower (less than 1 m/s velocity), and less destructive flooding during the 100-year design flood.
Conditions are generally less hazardous in the flood fringe than in the floodway.
Designated Floodway means that part of the flood risk area where the flood waters are
deepest, fastest and hence most destructive. It is a constricted channel area within which the
entire design flood may be conveyed without either raising water levels or increasing flow
velocities beyond specified limits.
1:100 year flood elevation means the
water level reached during a 1:100 year
flood as determined in accordance with
technical criteria established for the
Canada-Alberta
Flood
Damage
Reduction Program.
Flood Area Diagram
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Town of Pincher Creek Land Use Bylaw
2.
USES
The Overlay district includes several different land use districts within its defined area,
therefore the land uses described in the following table are only allowed if the underlying land
use district also has the use listed.
PERMITTED USES* (Floodway and Flood Fringe)
USE SPECIFIC STANDARDS
Extensive Agriculture
Existing Use
Horticulture
Public Open Space*
- Hiking/Walking Trails
- Passive Recreation
- Municipal Park / Buffer Strips
- Municipal & Environmental Reserve Lands
DISCRETIONARY USES (Flood Fringe Only)**
USE SPECIFIC STANDARDS
Accessory Building, Structure or Uses in conjunction
with existing developments
Campground (as per applicable district)
Commercial (as per applicable district)
Day Home (as per applicable district)
Golf Course (as per applicable district)
Home Occupation - Class 1 or Class 2
Schedule 6, Section 15
Industrial (as per applicable district)
Moved-in building on temporary foundation
Schedule 6, Section 22
Natural resource extractive uses
Public and private recreation (as per applicable district)
Public or private utility
Residential (as per applicable district)
Single-detached (Site-built & Prefabricated / RTM)
Manufactured / Mobile Home
Signs - in accordance with Appendix D
Similar use - in accordance with Administration, Section
3.7
Solar Collector, Individual (roof/wall mount)
Schedule 6, Section 32
Solar Collector, Individual (ground mount)
Schedule 6, Section 32
* See Schedule 1, Development Not Requiring A Development Permit.
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SCHEDULE 4 (FDR) | 3
PROHIBITED USES
Shipping Container
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 Administration, Section 3.7, is a Prohibited Use.
** Even though a use may be listed as a permitted use in the parent district, it shall be categorized as
a discretionary use in the Flood Damage Reduction Overlay District.
3.
MINIMUM LOT SIZE
All uses:
(a) existing parcels; or
(b) as required by the Development Officer or MDSA.
4.
DESIGNATED FLOODWAY USES
In the Floodway, only the uses listed as "permitted uses" shall be allowed.
5.
DESIGNATED FLOOD FRINGE USES
(a) In the Flood Fringe, only the uses listed as "permitted or discretionary uses" shall be
allowed.
(b) Fencing is permitted in the Flood Fringe.
6.
DEVELOPMENT REGULATIONS
(a) No new buildings will be allowed in the Floodway.
(b) Before a development permit is issued for the construction of any development within the
Flood Fringe, the Development Officer shall require that the applicant submit a certificate
from a qualified, registered Professional Engineer or Architect indicating that the following
factors have been incorporated in the building and lot:
(i)
Canadian Mortgage and Housing Corporation guidelines for building in flood-risk
areas;
(ii)
the floodproofing of habitable rooms, electrical panels and heating units, and
openable windows;
(iii)
site drainage; and
(iv)
information on grade elevation in relation to the 1:100 year flood elevation.
(c) The Development Officer must be satisfied that adequate floodproofing exists before a
development permit is issued.
(d) Indemnify the Town - The Development Officer or MDSA shall require, as a condition of
any approval within this district, the developer to indemnify the Town and register a save
harmless agreement against the title in case of a flood event.
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(e) Exceptions - The Development Officer may permit minor renovations to an existing
building (whether structural or not) in the flood fringe without requiring the floodproofing
of a building.
The Development Officer may allow additions to an existing building in the flood fringe,
providing such additions are adequately floodproofed, without requiring the floodproofing
of the existing building(s). The Development Officer shall allow repairs to an existing
building without requiring floodproofing to that building.
(f)
No new basements will be allowed.
SCHEDULE 5:
GENERAL STANDARDS OF
DEVELOPMENT
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SCHEDULE 5 | 1
SCHEDULE 5
GENERAL STANDARDS OF DEVELOPMENT
Development in General - Section 1
Quality of Development - Section 2
Building Setbacks - Section 3
Design and Orientation of Buildings and Structures
- Section 4
Development on Non-Conforming Sized Lots - Section 5
Corner Lot Visibility - Section 6
Multiple or Secondary Front Yard Provision - Section 7
Accessory Buildings and Structures - Section 8
Accessory Buildings and Structures Lot Coverage
Calculations - Section 9
Additions - Section 10
Balconies, Verandas and Porches - Section 11
Wheelchair Access Ramps - Section 12
Projections into Yard Setbacks - Section 13
Decks and Privacy Wall Screens - Section 14
Fences - Section 15
Access and Driveways - Section 16
Landscaping and Screening - Section 17
Site Lighting - Section 18
Refuse Receptacles and Storage - Section 19
Construction Hoarding - Section 20
Hazardous Chemical Storage - Section 21
Mechanical Equipment - Section 22
Easements - Section 23
Off-Street Parking and Loading Requirements
- Section 24
Private Utility (Non-municipal) Services - Section
25
Municipal Services and Infrastructure - Section 26
Drainage, Grading and Stormwater Management
- Section 27
Excavation, Stripping and Grading - Section 28
Demolition or Removal of Buildings or Structures
- Section 29
Statutory Plans - Section 30
Other Municipal or Engineered Plans - Section 31
Architectural Controls - Section 32
Occupancy Permits - Section 33
Escarpment and Slope Setbacks - Section 34
Mitigation of Impacts - Section 35
Development of Hazard Lands - Section 36
Historic Resources - Section 37
Setbacks from Abandoned Gas Wells - Section 38
Note: Where the term Development Authority is used it means that the decision, action, or
requirement may be requested or carried out by either the Development Officer, MDSA, or both
depending on whether it is a permitted use, discretionary use, or a use requiring a variance or a
variance in excess of the Development Officer's powers.
SECTION 1
DEVELOPMENT IN GENERAL
(1)
Except where specified otherwise in this Schedule, the following standards apply to all uses in
all districts.
(2)
All development shall comply with the Town of Pincher Creek Engineering Standards (copies
available at the Town Office or online on the municipal website).
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(3)
Where the policies, rules or procedures indicated in a statutory plan vary, supplement, reduce,
replace or qualify the requirements of this bylaw for a particular district or districts, the
policies, rules or procedures indicated in the statutory plan shall take precedence.
SECTION 2
QUALITY OF DEVELOPMENT
(1)
The Development Officer or the MDSA 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.
SECTION 3
BUILDING SETBACKS
(1)
The MDSA 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 MDSA may require varied building setbacks in new residential
areas if, in their opinion, the variation in setbacks will enhance the development of that area.
(3)
The MDSA may require increased building setbacks (other than those listed in (1) and (2)
above) if, in their opinion, such setbacks would:
(a)
help avoid land use conflict;
(b)
enhance the appearance of the area.
(4)
Building setbacks are to be properly surveyed or pinned by a certified Alberta Land Surveyor
prior to the foundation being poured to ensure the proper setbacks are adhered to as per this
Bylaw.
SECTION 4
DESIGN AND ORIENTATION OF BUILDINGS AND STRUCTURES
(1)
The design, character and appearance of buildings, structures or signs shall be consistent with
the intent of the land use district in which the building is located and compatible with other
buildings in the vicinity.
(2)
The Development Authority may regulate the exterior finish of buildings, structures, or signs to
improve the quality of any proposed development within any land use district. For exterior
finishes in a residential district:
(a)
low maintenance material such as tin and aluminum are permitted but galvanized steel
or shiny reflective finishes are not allowed.
(3)
The Development Authority may require that specific finishing materials and colour tones be
utilized to maintain the compatibility of any:
(a)
proposed development with surrounding or adjacent developments;
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SCHEDULE 5 | 3
(b)
proposed additions or accessory structures with existing buildings on the same lot.
(4)
The maximum allowable height of the exposed portion of a concrete or block foundation from
above the average finished grade may be limited by the Development Authority.
(5)
If a building is to be located on a lot with more than one street frontage or on a lot with
potential for further subdivision, the Development Authority may regulate the orientation and
location of the building as a condition of development approval.
SECTION 5
DEVELOPMENT ON NON-CONFORMING SIZED LOTS
(1)
Development may be permitted by the Development Authority on an existing 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 Officer or the MDSA on a case-by-case basis.
SECTION 6
CORNER LOT 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)
In residential areas, 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. (see Diagrams 1 and 2).
DIAGRAM 1
DIAGRAM 2
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SECTION 7
MULTIPLE OR SECONDARY FRONT YARD PROVISIONS
(1)
In a residential land use district where any lot has more than one front yard setback
requirement, the Development Officer or MDSA may allow for a reduction of up to one-half of
the front yard requirement for one of the yards; however, the full setback shall apply to the
main entrance side of the dwelling. This reduced front yard is termed the "Secondary" front
yard. (see Diagram 3)
DIAGRAM 3
SECTION 8
ACCESSORY BUILDINGS AND STRUCTURES
(1) No accessory building, structure or use shall be allowed on a lot without an approved principal
building, structure or use in place.
(2) A detached garage or similar accessory building or structure (shed, pergola, gazebo,
greenhouse, arbour, workshop, playhouse or detached carport) is considered a residential
accessory building or structure and will require a development permit if:
(a) it is greater than 13.9 m2 (150 sq. ft.) [see Schedule 1, Development Not Requiring a
Permit]3 ; or
(b) more than two accessory buildings 13.9 m2 (150 sq. ft.) or less in size are to be placed or
constructed on a lot; or
(c) it requires a variance to the measurable standards of the bylaw; or
(d) it is attached to a dwelling or principal building - this is considered an addition and not an
accessory building or similar structure (refer to Section 10 of this Schedule).
(3) Setbacks for accessory buildings and structures shall be as outlined in the applicable land use
district.
3 Note: Buildings 10 m2 (107 sq. ft.) or greater in size may still be subject to provincial Building Code requirements.
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SCHEDULE 5 | 5
(4)
In the absence of any prescribed setback in a land use district, the following shall apply unless
a variance has been granted by the Development Officer or MDSA. No accessory building or
structure shall:
(a)
be located less than 0.9 metres (3 ft.) from a side lot line;
(b)
be located less than 1.2 metres (4 ft.) from a residential dwelling if unattached;
(c)
be located less than 1.2 metres (4 ft.) from a rear property line;
(d)
be located in a front yard, unless the property is designated for commercial or industrial
use and the setback is authorized by the Development Officer or MDSA. Exceptions to
this are ornamental fountains, ponds, flagpoles and similar types of accessory structures
that may be located in a front yard. Swimming pools and hot tubs are not permitted
within a front yard.
(e)
There is no minimum setback or separation distance between swimming pools, hot tubs,
ornamental ponds, flagpoles and similar features and a principal building or to other
separate accessory buildings or structures on the lot.
(f)
There is no minimum interior side lot setback where a shared mutual garage is built on a
common lot line where an agreement is registered, such as for semi-detached or
rowhouse type residential developments.
(5)
In addition to the prescribed setback, and not withstanding the allowed exceptions, accessory
buildings shall be constructed such that eaves shall be no closer than 0.6 m (2 ft) from a side
lot line or rear lot line and all drainage is conducted to the appropriate storm drain via the
applicant's own property (see Diagram 4).
DIAGRAM 4
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Town of Pincher Creek Land Use Bylaw
(6)
An exception to the setback standard applies to a portable or movable accessory building not
anchored on a permanent foundation that is 10 m2 (107 sq. ft.) or less in size (where no
building permit is required) and that has a maximum height less than or equal to 2.4 m (7.9
ft.) measured to the peak of the roof, which may be located no closer than 0.3 m (1 ft.) to the
rear or interior side line as measured to any eaves present.
(7)
Unless otherwise provided in this Bylaw, an accessory building or structure on a Corner Lot or
a Double Fronting Lot is subject to the Front Yard Setback requirements for the lot as specified
by Section 7 of Schedule 5 of this Bylaw.
DIAGRAM 5
(8) Size - The maximum size or site coverage for accessory buildings and structures shall be as
outlined in the applicable land use district (also refer to Section 9 of this Schedule).
(9) Height - The height of an accessory building shall
be as outlined in the applicable land use district.
In the absence of any prescribed limitation, an
accessory building shall not exceed 4.9 metres (16
ft.)
unless
otherwise
authorized
by
the
Development Officer or MDSA. (Refer to Schedule
8 Definitions for the definition of Building Height.)
DIAGRAM 6
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SCHEDULE 5 | 7
(10) Attached - Where any accessory type of building or structure on lot is attached to a principal
building on the lot by a roof, an open or enclosed structure above grade, a floor or a
foundation which is above grade, or any structure below grade allowing access between the
buildings such as a parking garage or a corridor or passageway connecting the buildings it is
considered to be part of the principal building. Such uses shall be categorized as Additions to
the principal building. (refer to Section 10 of this Schedule)
(11) If covered decks, garages, carports, patios, sunrooms, and balconies are attached to a principal
building and categorized as Additions, the principal building setbacks of the applicable land use
district shall apply.
(12) Quonsets, Quonset-style buildings or semicircular metal structures shall not be permitted as
accessory buildings in the Residential - R1, R2, R3 and R4 land use districts. This restriction
does not include temporary car shelters.
(13) The Development Officer or Municipal Development and Subdivision Authority may restrict the
location of an accessory building where, because of its proposed location, it might cause snow
drifting onto a public roadway.
(14) Fences and privacy walls/screens are a type of accessory structure but are regulated by their
own standards of development (refer to section 14 and 15 of this Schedule).
SECTION 9
ACCESSORY BUILDINGS AND STRUCTURES LOT COVERAGE CALCULATIONS
Lot Coverage Calculations
(1)
A garage, carport, balcony, sunroom, or covered deck attached to a residential dwelling or
principal building shall be included in the lot coverage calculations for the principal building.
(2)
Separate or detached accessory buildings are subject to the maximum lot coverage standards
for accessory buildings as per the applicable land use district.
(3)
The following lot coverage rules apply for calculating site (lot) coverage:
-
Accessory structure with no roof (attached or detached) = accessory building lot coverage
-
Accessory structure or building detached with roof = accessory building lot coverage
-
Accessory structure attached with roof (i.e., an addition) = principal building lot coverage
(note: this category would include a garage (building) attached to the dwelling)
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SECTION 10
ADDITIONS
(1)
An addition means any construction that increases the
footprint (area), foundation or square footage of an
existing dwelling or principal building on the parcel of
land and includes any attached covered structure, such
as an attached garage, attached carport, covered deck
or porch, covered entryway, sunroom, etc.
(a)
A detached garage or similar building (shed,
pergola, gazebo, greenhouse, arbour, workshop,
playhouse or detached carport) is considered a
residential accessory building, and not an
addition. DIAGRAM 7
(b)
Covering an existing dwelling or building's entryway, stairs or landing with a roof (cover)
or a portico is considered an addition whether it is open or partially enclosed on the
sides.
(2)
All additions will require a development permit and are processed as a permitted or
discretionary use with respect to the type of use they are associated with as outlined in the
applicable land use district.
(3)
Setbacks - If new covered decks, garages, carports, sunrooms, and balconies are added and
attached to a principal building and are categorized as Additions, the principal building
setbacks of the applicable land use district shall apply.
SECTION 11
BALCONIES, VERANDAS AND PORCHES
(1)
A balcony is a horizontal platform attached to a building above the first storey. Adding a
balcony to an existing building is deemed an addition whether it is open or covered by a
pergola or roof.
(2)
A balcony shall not project more than 1.8 m (6 feet) from a building facade. For semi-detached
dwellings, no separation from a party wall property line is required for a balcony where a
privacy wall extends the full depth of the balcony. (refer to Privacy Wall/Screen, Section 14 of
this Schedule)
(3)
Porches and verandas form part of the principal building and if added to an existing dwelling
are considered an addition.
(4)
Projections into Rear Yard Setbacks: refer to following section 13.
(5)
Part of the Principal Building: Where any building or structure on a lot is attached to a principal
building on the lot by a roof, an open or enclosed structure above grade, a floor or a
foundation which is above grade, or any structure below grade allowing access between the
buildings such as a parking garage or a corridor or passageway connecting the buildings is
considered to be part of the principal building.
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SCHEDULE 5 | 9
SECTION 12
WHEELCHAIR ACCESS RAMPS
(1)
Wheelchair access ramps shall be considered to be part of a private sidewalk and may be
constructed to the property line in any yard (no setback requirement).
(2)
Wheelchair access ramps do not require a development permit (refer to Schedule 1,
Development Not Requiring a Permit), but provincial Building Code requirements apply.
SECTION 13
PROJECTIONS INTO YARD SETBACKS
(1)
Except as provided in this part, no portion of the principal building shall project into the
minimum setbacks as required by the Land Use District regulations.
(2)
Projections into Rear Yard Setbacks: Balconies, porches, and verandas that are unenclosed
may project into the minimum required rear yard setback distance to a maximum of 2 m (6.5
ft.) on laneless lots and 3 m (10 ft.) on laned lots (subject to the relevant provisions of Safety
Codes).
(a)
Balconies, porches, and verandas
eligible to project into the setback
must be 2.45 m (8 ft.) or less in
width.
(b)
Both unenclosed or enclosed/
covered balconies, porches or
verandas must not project into the
required side yard or front yard
setback.
(3) Those portions of and attachments to a
principal building (subject to the relevant
provisions of Safety Codes) which may
project over or into a yard minimum
setback are:
(a)
cornices, sills, canopies, belt course, and eaves which project for a distance of 0.6 m (2
ft.) or less over the minimum yard requirement for the site;
(b)
one chimney, fireplace or cantilever (a bay window or room bump-out, but does not
include a balcony, porch or veranda) per building wall (elevation) which is 1.8 m (6 ft.) or
less in width and projects 0.6 m (2 ft.) or less over a rear or side yard provided that it is at
least 0.9 m (3 ft) from the property line;
(c)
unenclosed or uncovered entrance stairs or steps with a landing of less than 3.7 m² (40
sq ft.) if they do not project more than 1.8 m (6 ft.) over a minimum front or rear yard
setback, and not more than 0.9 m (3 ft.) over a minimum side yard;
DIAGRAM 8
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(d)
covered (i.e., roofs) steps, stairs, or upper landings which project 1.82 m (6 ft.) or less in
width provided the covered portion does not project into a required front or rear yard
setback more than 0.9 m (3 ft.), and the steps 1.8 m (6 ft.);
(e)
attached unenclosed or uncovered decks may project into the minimum required rear
yard setback distance to a maximum of 2 m (6.5 ft.) on laneless lots and 3 m (10 ft.) on
laned lots;
(f)
mechanical equipment, HVAC, and air conditioners may project up to 0.9 m (3 ft.) into a
side, rear or front setback provided they are at least 0.6 m (2 ft.) from the side property
line;
(g)
window wells may project without limits into any front yard setback. Window wells may
project a maximum of 0.8 m (2.5 ft.) into any side yard setback.
(4)
Wheelchair ramps may project unlimited over or into a yard minimum setback as necessary
with consideration for any building Safety Code requirements. (refer to Section 11)
DIAGRAM 9
Cantilever
DIAGRAM 10
SECTION 14
DECKS AND PRIVACY WALL/SCREENS
Deck Type Requirements
(1)
If an uncovered deck is greater than 0.6 m (2 ft.) above finished grade, a development permit
will be required for any of the following scenarios:
(a)
building a new deck;
(b)
replacing, rebuilding, or extending an existing deck or structural components.
(2)
If a deck is covered and has a pergola or roof, the following applies:
(a)
If the roof is attached to a dwelling or principal building or if an existing covered deck is
proposed to be enclosed on at least 3 sides, it is considered an addition.
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(b)
If the roof is not attached to a dwelling or principal building, the deck is considered
an accessory residential structure.
(c)
All decks covered or enclosed (roof or walls), regardless of the height, require a
development permit.
(d)
If the deck is covered and attached to an accessory building (i.e. garage, ADU, shed), a
development permit will be required.
(3)
A deck on a semi-detached residence may be built on the common property line provided a
solid privacy wall extending the full depth of the deck, is constructed. (see Privacy
Walls/Screen)
(4)
If the height of a raised deck is greater than 0.6 m (2 ft.) from the finished grade a
development permit is required.
DIAGRAM 11
DIAGRAM 12
(5)
Decks not attached to a dwelling or building that are not greater than 0.6 m (2 ft.) in height do
not require a development permit provided they are uncovered, and setbacks are met.
(6)
A patio or ground level deck constructed at grade that is unenclosed (no roof or walls) shall not
be greater than 0.6 m (2 ft.) in height.
(a)
Patio or ground level decks do not require a development permit provided they are
uncovered.
(b)
A patio or ground level deck or patio 0.15 m (0.5 ft.) or less in height must meet the
allowable projections into a yard minimum required setback as per the section Setbacks
for Decks.
(7)
The height of a deck is measured from the finished grade to the top side of the support
structure.
(8)
The municipal exemption for requiring a development permit does not negate the applicant
from being responsible for complying with applicable building code requirements.
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DIAGRAM 13
DIAGRAM 14
Setbacks for Decks
(9)
The following setbacks or exemptions apply to decks:
(a)
All attached covered or enclosed decks must meet the applicable principle building yard
setbacks, or the allowances for projections into yard setbacks as per Section 13 unless a
development permit has been approved to grant a variance to the applicable setbacks.
(b)
Attached unenclosed (uncovered) decks may encroach into the minimum required rear
yard setback distance to a maximum of 2 m (6.5 ft.) on laneless lots and 3 m (10 ft.) on
laned lots.
(c)
A patio or unattached ground level deck 0.15 m (0.5 ft.) or less in height must be located
no less than 1.2 m (4 ft.) from a rear property line and no less than 0.9 m (3 ft.) from a
side lot line.
(10) For the purpose of calculating yard setbacks and site coverage requirements as provided in this
bylaw, where a deck structure is covered and attached to the principal building, it shall be
deemed to be an addition and part of the principal building and must meet the required yard
setbacks and maximum principal building site coverage.
(11) Attached and unattached decks must be located in a manner such as to preserve the privacy of
adjacent properties as much as possible.
(a)
The Development Authority may require, as a condition of development permit
approval, the deck to be screened.
Privacy Wall/Screen
(12) A residential privacy wall/screen shall:
(a) be no greater than 3 m (9' 10") in height above the finished floor elevation (finished
board on top of joist or stone patio surface) of a balcony, deck or patio;
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(b) be restricted to side and rear yards only, and to the width of the deck, patio, or balcony;
and
(c) shall meet the required side and rear yard setbacks.
(13) If all three (3) of the requirements in subsection (12) above are met, and it is a private single
(one side wall) panel privacy wall/screen in a residential district, then no development permit
is required (see Schedule 1).
(14) The maximum height and location of a privacy wall/screen or wind screen on a commercial,
industrial or public/institutional lot shall be as determined by the Development Authority in
accordance with the following:
(a) The Development Officer may make decisions on non-residential privacy wall/screens or
wind screens provided they are 3.65 m (12 ft.) or less in height above the average finished
grade and restricted to side and rear yards only; and
(b) the MDSA shall make decisions and regulate the standards in all other circumstances.
No Permit Required
Permit Required
Permit Required
DIAGRAM 15
(14) The addition of a privacy wall/screen shall require a development permit:
(a) if the height of the deck it is being added to is greater than 0.6 m (2 ft.) from the finished
grade, or
(b) if a variance for height or setbacks is requested; or
(c) two or more wall/screen panels are joined together at sides or form two wall sides; or
(d) it is a privacy wall/screen or wind screen being erected for commercial, industrial or
public/institutional use. (refer to Diagram 15)
(15) A semi-detached residence may construct a deck on the common property line provided a solid
privacy wall between 2 m and 3 m (6' 6" and 9' 10") in height, extending the full depth of the
deck, is constructed to separate the two spaces.
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DIAGRAM 16
DIAGRAM 17
SECTION 15
FENCES
(1)
Where a permit is required, the Development Authority may regulate the types of materials
and colours used for a fence.
(2)
Regardless of the fence height, barbed wire fencing is prohibited (with the exception of
commercial or industrial land use districts for the top 0.3 m (1 ft.) of chain link fences for
security).
(3)
Fences are prohibited from encroaching into municipal property, including roads, lanes and
rights-of-way, or reserve lands, unless permission is granted from the municipality.
(4) Fence height shall be measured as:
(a)
the vertical distance from average finished grade to the highest portion of the fence.
(Average grade is defined as the average of the highest and lowest grades adjacent to
the portion of the lot where the fence will be placed.)
(b)
Two exceptions may be made for measuring fence height:
(i)
If the fence is constructed on a solid retaining wall an allowance for up to 0.15 m
(6") of the retaining wall above average finished grade is permitted to be included;
and,
(ii)
support posts may extend 0.15 m (6") above the average fence height provided
they are spaced a minimum of 1.83 m (6 ft) apart.
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DIAGRAM 18
(c)
If a retaining wall exceeds 0.15 m (6"), the height of the fence is limited to the height of
the retaining wall, measured from average finished grade, plus the added fence for a
combined total height not to exceed the stipulated maximum for the applicable district
(e.g. 1.83 m (6 ft.) total in a side or rear yard of the R1 district).
Residential Fences
(5)
No fence, wall, solid 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 (secondary front) as indicated
in Section 7, without approval by the Development Authority.
(6)
Fences in rear and side yards (labelled as area A on diagram) shall be limited to 1.8 metres (6
ft.) in height.
DIAGRAM 19
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(7)
If decorative features (e.g., lattice, cast irons, wood cutouts, wire) is added to the top of a
fence structure it is considered part of the fence, and the height of the fence is measured to
the top of the lattice or other decorative material.
DIAGRAM 20
(8)
In residential districts, fences are considered the same as accessory structures and shall not
precede development of the dwelling or principal building on the lot.
(9)
Wind screens are subject to the yard and height restrictions of the Privacy Wall/Screens
standards unless otherwise allowed by the MDSA. (For Privacy Wall/Screens refer to Deck
standards, Section 14.)
Commercial and Industrial Fences
(10) Fences in rear and side yards in commercial and industrial land use districts shall be limited to
2.44 metres (8 ft.) in height unless otherwise stipulated in the land use district (see Diagram
23).
(11) No solid fence, wall, solid vegetation, or any combination thereof shall extend more than 0.9
metre (3 ft.) above the ground in any front yard area, except in the case of corner lots where
one yard is considered as the side yard (secondary front) as indicated in Section 7, without
approval by the Development Authority.
(12) Chain link fences in commercial and industrial land use districts are allowed in the front yard
and shall be limited to 2.44 metres (8 ft.) in height (see Diagrams 21 & 22).
DIAGRAM 21
DIAGRAM 22
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DIAGRAM 23
SECTION 16
ACCESS AND DRIVEWAYS
General Access Requirements
(1)
Direct legal and physical access to a road shall be required to all new development for the
purposes of access by automobiles and motorized and active modes of transportation such as
but not limited to: pedestrians, cyclists, personal and commercial vehicles.
(2)
Notwithstanding the requirements of sub-section (1), the following exemptions apply:
(a)
development internal to a condominium plan containing private streets;
(b)
development internal to a manufactured home community, dwelling group, or multi-use
development containing internal streets as approved by the Development Authority; and
(c)
where the MDSA has allowed legal access to be provided by an easement.
(3)
the exact location of the access(es) to each development shall meet the requirements of this
section and shall be to the discretion of the Development Authority.
(4)
Parking and driveway areas shall be appropriately graded and/or paved to drain surface run-
off. Berming and planting of grass, shrubs and trees will be encouraged on the edge of the
parking area.
(5)
Access points to the property (if applicable) shall be limited to as few points as possible, with
consideration for the standards of this Section. Paving or continual access across the whole
property line shall be prohibited, and maximum driveway widths where specified in this
Schedule must be adhered to unless otherwise authorized by the Development Authority.
Residential Requirements
(1)
In residential districts only one off-street driveway or parking pad shall be permitted in the
front yard for single-detached residential development to a maximum of 7.62 m (25 ft.) in
width.
(2)
A separate secondary driveway accessible from a rear lane is permitted on a lot. Frontage on a
laneway alone will not be permitted as the sole access to a lot.
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(3)
For corner lots, vehicular access shall generally be limited to one of the fronting street
locations.
(a)
An additional second driveway from the other street (secondary front or front yard) may
only be permitted if approved by the Development Officer or MDSA, on the basis of
merit.
(4)
For multi-unit residential development, such as semi-detached or row-house, an off-street
driveway or parking pad is allowed for each unit. Off-street driveway or parking pads may be
continuous or shared as a single access point to the street (see Diagram 24).
(5)
Adjacent residential development on separately titled lots may locate driveways adjacent to
each other with no setback to the property line provided each driveway's individual maximum
width is not exceeded, and the municipal street will not be negatively impacted.
(6)
The Development Authority may require access to be located so that it can be shared with an
adjoining lot or development (see Diagram 25).
(7)
Driveway residential dimension standards shall be:
(a)
a minimum of 3.0 m (10 ft.) in width,
(b)
a maximum of 7.62 m (25 ft.) in width,
(c)
a minimum of 6.1 m (20 ft.) in length,
unless otherwise approved by the Development Authority, on the basis of merit.
[Note: The width is measured at the property line connecting to the street and shall be
consistent for the first 50% of length before it may flair wider (as illustrated as A on Diagram,
with B illustrating the full required length).]
DIAGRAM 24
DIAGRAM 25
(8)
A residential detached garage is allowed an apron approach to provide connectivity to the rear
lane between the garage and the property line. An apron is a separate use than a driveway,
provided it is a maximum of 3.65 m (12 ft.) or less in length.
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DIAGRAM 26
DIAGRAM 27
(9)
Driveways shall be a minimum of 4.6 m (15 ft.) from the intersection of two public roadways
(as illustrated as setback A on Diagram 28 below) and 3.0 m (10 ft.) from the entrance to a lane
(as illustrated as setback B on Diagram).
(10) Where a street corner cut is designed at the intersection of two public roadways the driveways
or parcel access shall be setback a minimum of 2.0 m (6.5 ft.) from the end of the corner cut
(as illustrated as setback A on Diagram 29).
DIAGRAM 28
DIAGRAM 29
Commercial and Industrial Requirements
(11) In commercial and industrial districts, the number, location, size and width of access points or
off-street driveways shall be provided as required by the Development Officer or MDSA.
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(12) A separate access or driveway accessible from a rear lane is permitted on a lot. Obtaining sole
lot access or frontage on a laneway alone will not be permitted.
(13) Driveways shall be a minimum of 4.6 m (15 ft.) from the intersection of two public roadways
and 3.0 m (10 ft.) from the entrance to a lane.
SECTION 17
LANDSCAPING AND SCREENING
(1)
Where landscaping is required, a landscaping plan with irrigation details shall be submitted
with the development permit application or may be required as a condition of development
permit approval at the discretion of the Development Authority. The Development Authority
may require that a landscaping plan be prepared by a professional in the field.
(2)
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, or help ensure another standard or
requirement of this Bylaw is met, such as providing required screening.
(3)
The Development Authority may require a security deposit as outlined in the municipal Fee
Schedule 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.
(4)
Any portion of a residential lot not used for buildings, structures, parking or driveways shall be
properly developed and maintained as a landscaped area.
(5)
The front yard of a property shall be comprehensively landscaped except for those areas
occupied by sidewalks or driveways, to the satisfaction of the Development Authority. In the
case of corner lots, the secondary front yard shall also be landscaped to the satisfaction of the
Development Authority.
(6)
A property owner or developer is responsible for grading and landscaping within municipal
right-of-way adjacent to the parcel being developed. This typically means the area from back of
curb to property line on any side of property facing municipal right of way, to the satisfaction
of the Development Authority.
(7)
All industrial, commercial and institutional developments, with the exception of those in the C1
district, shall have a minimum of 10% of all the street frontages comprehensively landscaped
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 mixed with drought resistant plants) [Field stone limited to 25% of total
landscaped area];
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(c)
buffering (e.g. berming, terracing, paving stones);
(d)
outdoor amenity feature (e.g. benches, walkways, raised planters);
(e)
innovative landscaping features, as approved by the Development Authority.
(9)
The preference is for all lots required to be landscaped should be xeriscaped and planted with
appropriate grass, trees, shrubs, plants and other organic and natural materials, which enhance
the appearance of the site and more amenable to water (drainage) absorption and for limiting
the percentage of hard surface in relation to surface drainage management. This may be
imposed as a condition of a development permit approval by the Development Authority.
(10) All lots required to be landscaped shall be completed so that the finished surface contours do
not direct surface drainage onto an adjacent lot.
(11) The Development Authority may require specific landscaping standards to be part of an
architectural control scheme and registered by restrictive covenant against each title.
(12) Wherever space permits, trees shall be planted in groups. If trees are required to be planted,
the minimum requirements for tree sizes at the time of planting shall be per the following
table:
Table 1
TREE TYPE
CALLIPER / HEIGHT
Deciduous trees (small)
40 mm calliper
Deciduous trees (large)
80 mm calliper
Coniferous trees (small)
1.5 metres height
Coniferous trees (large)
2.5 metres height
Shrubs
0.5 metres height or spread
(13) When trees are required or encouraged to be planted within the Town they are to be of the
following types:
Maple
Caragana
Birch
Mahogany
Dogwood
Plum
Ash
Lilac
Spruce
Buckeye
Hackberry
Hawthorne
Flowering Crab
Apple
Amur
Apricot
Schubert Cherry
Oak
Pear
Pincherry
(14) No continuous fence, wall, hedge, vegetation or any combination thereof which may restrict
vision shall extend more than 0.9 m (3 ft.) above the ground in any front yard area, as
illustrated in Diagram 1 without development permit approval. Ornamental trees arranged in a
single mass not exceeding 5 m (16 ft.) in width or individual trees spaced a minimum of 5 m (16
ft.) apart are not subject to this requirement but are subject to the requirements of Section 6,
subsection (2) for a corner lot.
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Screening / Buffering
(15) A landscaped or fenced buffer or screen, with an earth berm if deemed warranted by the
Development Authority, may be required:
(a)
between an industrial or commercial use and residential use depending on the intensity
of the proposed use; or
(b)
where off-street parking is adjacent to a residential use, a landscaped buffer and
screening between the development and the property line with the adjacent use
(16) Where any commercial or industrial parcel or part of a parcel adjacent to a highway or major
municipal roadway is used for outdoor storage of goods, machinery, vehicles, buildings or waste
materials, the Development Authority may require satisfactory screening by buildings, fences,
hedges, trees, berming, or other landscaping features.
(17) For any type of development where it is deemed warranted, the Development Authority may
require a development to be landscaped and screened to its satisfaction as a condition of a
development permit approval.
(18) Where an industrial or commercial lot is adjacent to a residential use, all outside mechanical
equipment shall be concealed by fencing, screening and/or landscaping to the satisfaction of
the Development Authority.
DIAGRAM 30
SECTION 18
SITE LIGHTING
(1) Site lighting may be required as a condition of development permit approval. The Development
Authority may require lighting locations to be illustrated on a site plan when requested.
(2) Site lighting should be energy efficient and located, oriented and shielded so as not to adversely
affect adjacent properties.
(3) Parking lots and walkways for medium to higher density residential use (e.g., apartment
buildings), recreational, institutional, and commercial uses (retail, restaurant, office, hotel, etc.)
shall be required to provide adequate site lighting based on illuminating engineering society
(IES) standards for safety unless otherwise exempted by the Development Authority.
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(4) On commercial, industrial, and multi-attached residential sites located adjacent to low-density
residential sites, flashing lights shall be prohibited within 30 m (98 ft) of an adjacent residential
site.
(5) Lighting that the Development Authority determines to have an impact on motorists utilizing
adjacent public roadways shall not be permitted and if installed and determined to be a hazard
shall be removed and/or shielded at the direction of the Development Authority.
SECTION 19
REFUSE RECEPTACLES AND STORAGE
(1) Refuse shall be managed by property owners to meet the requirements identified by the most
recent version of the municipal Garbage Utility Bylaw.
(2) Refuse and garbage areas should be effectively screened until such time as collection and
disposal is possible. On commercial and industrial lots on main thoroughfares or highly visible
public areas, the screening of refuse receptacles may be required as a condition on a
development permit.
SECTION 20
CONSTRUCTION HOARDING
(1)
The erection of construction hoarding is not permitted to infringe on any public property such
as sidewalks or public roadways unless authorized by the department responsible for the right
of way.
SECTION 21
HAZARDOUS CHEMICAL STORAGE
(1) Any development involving the use or storage of bulk hazardous chemicals must be compliant
with applicable federal and provincial legislation.
SECTION 22
MECHANICAL EQUIPMENT
(1) Mechanical equipment and HVAC systems associated with commercial, industrial and
public/institutional uses do not require a development permit on its own but should be
properly screened from view. The following standards shall apply and may be placed by the
Development Authority as condition on a development permit for the building or use they are
associated with:
(a) All mechanical equipment including rooftop mechanical units not contained inside a
building must be concealed by incorporating the equipment within the roof or otherwise
concealing it in a manner that in the opinion of a Development Authority is compatible
with the design and character of the building.
(b) A flat-roofed building must provide a parapet at least 0.75 m (2.5 ft) in height measured
from the surface of the roof to the top of the parapet.
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SECTION 23
EASEMENTS
(1) All buildings and permanent structures shall not be located on a registered easement or
right-of-way unless otherwise permitted. In the case of a high-pressure gas line all
buildings shall be setback an additional minimum of 3.0 m (10 ft.) from either side of such
an easement (see Diagram 31).
(2) For a registered easement or right-of-way of a municipal or utility agency service (water, sewer,
drainage, electrical, gas), all buildings and permanent structures may be required to be setback
a specified distance from the easement if it is determined by the Development Authority that
the existing easement or right-of-way is deficient in area and a greater setback is required. This
may be placed as a condition on a development permit approval by the Development Authority.
(3) A landowner may only encroach on an easement if it has obtained the prior written
approval of the holder of the easement or right-of-way. The approval must be
confirmed by way of an encroachment or amending agreement which may be required
to be registered on title.
(4) Any work or private utility installation to be performed within a Town of Pincher Creek
easement or right-of-way must obtain permission from the municipality prior to
commencing.
(5) The landowner may be liable with all costs for removal and any associated damages
resulting from the unauthorized location of improvements on land that is subject to an
easement or right-of-way.
(6) Unless otherwise stipulated in an easement agreement, the regular maintenance of the
property or land subject to the easement or right-of-way is the responsibility of the landowner.
DIAGRAM 31
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SECTION 24
OFF-STREET PARKING AND LOADING REQUIREMENTS
(1) All development shall provide designated off-street parking area(s) and loading area(s), as
applicable, to accommodate the required parking and loading spaces in accordance with this
Section.
(2) 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
shared parking is approved, a caveat may be required to be registered against the lot to
guarantee the continuous use of the site for parking.
(3) Any multiple or mixed-use development shall provide the number of parking spaces required
for each use. (e.g., a hotel with a restaurant shall provide the required parking spaces for the
hotel plus the number required for the restaurant use.)
(4) 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.
(5) All required parking spaces shall be provided on the same lot as the building or use, except
where the Development Authority may permit off-site parking spaces to be provided on a lot
within walking proximity (typically within 300 m (984 ft) of the building or use) if, in the
Development Authority's opinion, it is impractical to provide parking on the same lot as the
building or use. Where such off-site parking is approved, a caveat or easement may be required
to be registered against the lot to guarantee the continuous use of the site for parking.
(6) Where an existing easement was registered on a parcel title to provide for required parking
spaces to be used for a development occurring on another parcel and the easement is
assignable to successors and heirs of the property, that easement carries over and is deemed to
count towards the parking requirements and a variance is not required to be provided by the
MDSA.
Off-Street Parking Spaces
(7)
For the calculation of parking requirements in the Downtown Core Overlay Area as defined by
the Downtown Core Area Map (Schedule 4, Section 5), the minimum standards shall apply
except where the outlined exemptions and requirements of Schedule 4 take precedence.
(8)
The following Tables 2 and 3 shall be used to calculate the off-street parking spaces required
for a proposed development (calculation of off-street parking requirements resulting in a
fractional number of 0.5 or greater shall be rounded up and rounded down when resulting in a
fractional number of 0.49 or less).
Note: GFA stands for Gross Floor Area - see Definitions Schedule 8.
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Table 2 - Minimum Required Off-Street Parking
USE
MINIMUM PARKING SPACES
RESIDENTIAL
Dwellings:
Single-detached dwellings (all types)
Duplex and semi-detached dwellings
Multi-unit dwellings (3 or more units)
- dwelling units with 1 bedroom
- dwelling units with 2 or 3 bedrooms per unit
- dwelling units with more than 3 bedrooms per unit
Single and double-wide manufactured/mobile homes
2 spaces per dwelling unit
2 spaces per each dwelling unit (4 total)
1.25 spaces per each dwelling unit
1.5 spaces per each dwelling unit
1.75 spaces per each dwelling unit
2 spaces per each dwelling unit
Accessory Dwelling Units (ADUs) (or Secondary suites)
1 space per ADU (in addition to principal dwelling
units per dwelling requirements)
Bed and breakfast
1 space for each rented guest room plus the 2
spaces parking requirements for the dwelling
Boarding House
As required by the Development Authority
Child Care (Day Care) facility
1 pick-up/drop-off space per 6 children plus 1 space
per employee
Day Home
2 spaces as per residential dwelling unit (no
additional)
Home Occupations
-
Home occupation 1
-
Home occupation 2
No additional (the regular 2 spaces per dwelling)
1 additional space (in addition to 2 per dwelling)
Senior citizen housing
1 space per 2.5 dwelling units
Short Term Rental Type 1
Short Term Rental Type 2
2 spaces as per residential dwelling unit (no
additional)
As required by the Development Authority, and if
not specified
2 spaces as per residential dwelling unit (no
additional)
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 5 | 27
PUBLIC AND INSTITUTIONAL
Governmental (e.g., civic offices, government offices,
library)
1 space per 46.45 m2 (500 sq. ft.) of GFA
Childcare (Day Care) facility
Group Care (facility)
Group Home (within a residential dwelling)
1 pick-up/drop-off space per 6 children plus 1 space
per on staff employee
1 space per each 3 client rooms plus 1 space per
onsite employee
1 space per bedroom unit plus 1 space per onsite
employee
Clubs or fraternal organization
1 space per 5.1 m2 (55 ft2) of patron use area plus 1
space per employee
Schools - Kindergarten, Elementary, Junior High,
Educational Instruction Facilities
Schools - High School
1 space per each class room plus 1.5 per employee
3 spaces per classroom plus 1.5 per employee
(for schools with mixed grades a combination of the
standards shall apply as outlined above for each
type of use)
Hospitals, Clinics, Health facilities
1 space per 3 inpatient beds plus 1 per
examination/patient room plus 1 space per
each shift employee
Medical and Dental Clinics
1 space per examination/patient room plus 1 space
per 46.45 m2 (500 sq. ft.) of GFA
Public assembly (e.g., churches, cultural facilities, private
or public halls, clubs, auditoriums)
1 space per 6 seating places
Public or private utilities
As required by the Development Authority
Passive recreation, Parks, Playgrounds
As required by the Development Authority
Public and Institutional (not specified)
As required by the Development Authority
COMMERCIAL / PRIVATE RECREATIONAL
Business Support Services, Professional Offices
1 space per 46.5 m2 (500 ft2) of GFA
Clubs or fraternal organization
1 space per 5.1 m2 (55 ft2) of patron use area plus 1
space per employee
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 5 | 28
Town of Pincher Creek Land Use Bylaw
Convenience store
1 space per 27.9 m2 (300 ft2) of GFA
Hotel, motel and other commercial guest lodging
1 space per guest room plus 1.5 per on-site
employee
Plus any eating establishment, lounges required
spaces
Plus 1 per 6 seats of any public meeting room areas
Licensed premises (bars, lounges)
1 space per each 2 seating places
Medical and Dental Clinics
-
See Public and Institutional
Recreation - Bowling Alley
- Golf Course
- Curling club
4 spaces per each lane plus lounge or food area
required spaces
2 spaces per hole plus club house/lounge/
restaurant required spaces
4 spaces per each sheet plus club house/lounge/
restaurant required spaces
Recreation facility, public or private (not defined)
1 space per 27.87 m2 (300 sq. ft.) of GFA
Restaurants, Cafes, Food Establishments
Restaurant, Drive-thru
1 space per 5.1 m2 (55 ft2) of seating area plus 1
space per employee on shift
Retail, Sales and Service commercial uses, Personal
Services, Financial Services, Offices, Service stations/gas
bars
1 space per (300 sq. ft.) 32.52 m2 (350 sq. ft.) of
GFA
Personal health care, Animal care, Veterinary services
1 space per 46.5 m2 (500 ft2) of GFA plus 1 per
employee
Theatres, Music Venues
1 space per 5 seating spaces
Commercial (not specified)
As required by the Development Authority
INDUSTRIAL
Autobody Sales, Rental & Service, Auto Repair/Paint
Shop, Bulk Fuel/Fertilizer Storage and Sales, Business
Support Service, Offices
1 space per 46.45 m2 (500 sq. ft.) of GFA
Car wash/Truck wash
1 space (plus required queuing stacking space and
vacuuming space per bylaw standards)
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 5 | 29
Industrial Operation, Manufacturing and Processing,
Construction Trade Shop and Contractor, Landscaping
materials sales, Light industry/ manufacturing, Grain
elevators/seed cleaning, Auctioning establishment,
Equipment sales, Warehousing/ Wholesale trade
1 space per 65.03 m2 (700 sq. ft.) of GFA
Mini-storage, Indoor & Outdoor Storage
As required by the Development Authority
Specialty Manufacturing/Cottage industry,
Transportation/Depot
1 space per 46.45 m2 (500 sq. ft.) of GFA
Industrial (not specified)
As required by the Development Authority and if
not specified, 1 space per employee
All other uses (any use not specifically listed)
As required by the Development Authority
Accessible Barrier-Free Off-Street Parking Spaces
(9)
Accessible/Barrier-free parking spaces shall be provided and
be in accordance with Safety Codes requirements. Table 3
provides a guide, but if there is a discrepancy between the
Table and Safety Codes, the latter shall prevail.
(10) Barrier-free parking stalls shall be clearly identifiable in
accordance with Safety Codes (Accessibility Design Guide).
(11) 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,
dental, health services, and restaurants.
Table 3 - Accessible Barrier-Free Parking Spaces Guide
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, but not required.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 5 | 30
Town of Pincher Creek Land Use Bylaw
Loading Space Requirements
(12) One loading space shall be provided for each loading door per building in the Commercial,
Industrial and Public Institutional land use districts, unless in the Development Authority's
opinion, such loading spaces are deemed unnecessary.
(a) Commercial lots in the Downtown Core Overlay Area may be exempted by the
Development Authority on a case-by-case basis due to historical situations, space, and
access limitations.
(13) Loading space shall be located on the same lot as the building or use for which it is required.
(14) The dimensions for a loading space shall be:
-
a minimum of 3.0 metres (10 ft.) wide
-
by 9.1 metres (30 ft.) in length
-
for an overall area of 27.9 m2 (300 ft2)
-
with an overhead clearance of 3.9 m (13 ft)
(15) Each loading area shall:
(a)
provide a doorway into the building sufficient to meet the needs of the use within the
building; and
(b)
be designed in such a manner that it will not interfere with convenient and safe
pedestrian movement, traffic flow, or parking.
(16) The Development Authority may require additional loading areas in the Development
Authority's opinion, such additional areas are deemed necessary.
(17) The Development Authority may consider a joint loading area for two or more adjacent uses if,
in the Development Authority's opinion, such a loading area would facilitate orderly
development or relieve congestion in the immediate area.
STACKING SPACES FOR DRIVE-THRU USES
(18) In addition to the off-street parking requirements, a drive-through use is required to provide
the following minimum stacking distance spaces at a minimum width of 3.0 m (10 ft.):
Restaurant drive-thru:
18.3 m (60 ft.) from menu order box to pick-up window, 24.4 m (80 ft.)
from menu order box to street/property line, and 12.2 m (40 ft.) from a
lane access if present
Gas Bar / Service station:
9.14 m (30 ft.) from each end on pump island
Bank machine:
18.3 m (60 ft.) from bank machine window to street/property line
Car wash:
15.24 m (50 ft.) from car wash bay entrance to street/property line,
and 7.62 m (25 ft.) from vacuum stands to any property line
Other:
As determined by the Development Authority
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 5 | 31
(19)
The minimum stacking space requirements in subsection (18) above may be varied by the
Development Authority depending upon the intensity of the proposed development.
DIAGRAM 32
OFF-STREET PARKING DESIGN STANDARDS
(20) For all multi-unit dwelling residential uses and non-residential land uses, off-street parking
areas shall be accessible and designed and delineated in accordance with the minimum parking
space dimensions in a manner which will provide for orderly parking acceptable to the
Development Authority. (See Table 4 and Diagram 34)
(21) Parking space designs proposing tandem or stacked parking to a maximum of two vehicles per
stall may be approved by the Development Authority provided the spaces are for employee
parking only or for single-unit residential use. Tandem may be allowed for each unit of a semi-
detached or duplex dwelling.
(22) The parking space width and depth requirements for an off-street parking space may be
reduced by the Development Authority where spaces are designed and designated to
accommodate compact vehicle parking.
(23) Where a use or development may need to accommodate over-sized vehicles such as tractor-
trailers, large recreational vehicles, buses or other similar vehicles, the Development Authority
may require larger parking space and aisle dimensions.
(24) Off-street parking spaces adjacent to a road right-of-way intersection shall be provided with
bumper blocks, curbing or other similar protective feature to ensure public safety and prevent
vehicle overhang and ensure the 6.1 m (20 ft.) setback to the intersection is met (See Diagram
33).
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 5 | 32
Town of Pincher Creek Land Use Bylaw
DIAGRAM 33
(25) Off-street parking areas shall be constructed in a manner which will permit adequate drainage,
snow removal, and maintenance.
(26) The Development Authority may require that off-street parking areas or portions thereof be
paved as a condition of approval.
Table 4
A: Parking
Angle
B: Stall Width
C: Depth of Stall
Perpendicular to
Aisle
D: Width of Aisle
One-way width
D: Width of Aisle
Two-way width
Degrees
m
ft
m
ft
m
ft
m
ft
0 (Parallel)
2.7 m for
residential
use,
2.9 m for
all other
uses
8'10" for
residential
use,
9.5' ft for
all other
uses
7.0
23
3.4
11.2
5.8
19.0
30
6.1
20
3.4
11.2
5.8
19.0
45
6.1
20
3.1
10.0
6.1
20
60
6.1
20
6.0
19.7
7.3
24
90
6.1
20
6.0
19.7
7.3
24
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 5 | 33
DIAGRAM 34
SECTION 25
PRIVATE UTILITY (NON-MUNICIPAL) SERVICES
(1)
Private propane tanks or outdoor use coal burning appliances/utilities or other similar private
utilities used as an indoor heating or energy source for dwellings and buildings shall not be
permitted within the Town.
(2)
The erection of a building on any site may be prohibited where it would otherwise be
permitted when, in the opinion of the Development Authority, satisfactory arrangements have
not been made for the supply of municipal water and sewage, street access, gas, electric
power or other services or facilities necessary to serve the development.
(3)
Notwithstanding the above, alternative energy systems may be permitted in accordance with
the applicable land use district and Schedule 6.
SECTION 26
MUNICIPAL SERVICES AND INFRASTRUCTURE
Water and Sewer
(1)
All buildings and development shall be required to connect to both the municipal water supply
and wastewater system, except where in the opinion of the Development Authority the
development does not require water and sewer. Exemptions may include the following:
(a)
accessory buildings such as garages, personal storage and garden sheds;
(b)
the development is for outdoor storage, or similar type use;
(c)
passive outdoor recreational use;
(d)
temporary or mobile vendors or uses;
(e)
permanently placed office trailers without water appliances where other onsite buildings
with water facilities are located with 15.24m (50 ft) of the unserviced building;
(f)
parking lots.
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Town of Pincher Creek Land Use Bylaw
(2)
For development proposed for unserviced areas, parcels, or lots:
(a)
Developers may be required to enter into a development agreement with the Town to
provide/extend municipal water and wastewater systems to the area in accordance with
the Town of Pincher Creek Engineering Standards. All costs related to the
provision/extension of the services shall be the responsibility of the developer.
(b)
Development may be refused for approval if the necessary municipal infrastructure is
not available or determined feasible to be provided.
(c)
Exemptions for sanitary servicing may include the following: Existing development in the
R3 and TUR districts where no municipal wastewater system is currently in place.
(3)
No new private sewage service provisions are permitted for development, such as onsite
disposal fields, mounds, sewage holding/pump-out tanks or outhouses. Portable toilets may be
allowed within the municipality, on a temporary basis without a development permit, to
coincide with a public assembly, a sport, concert or other special event, construction project,
or emergency management.
(4)
For municipal services, the following standards apply that may be imposed as a condition on a
development permit approval by the Development Authority:
(a)
Developer is responsible for all costs related to installation and/or upsizing of water
and/or waste water service connections.
(b)
Work completed by the developer on municipal infrastructure (water service, waste
water service, roadway, gutter, curb, sidewalk, etc.) requires the developer to enter into
a Development Agreement with the municipality and use a qualified contractor. The
Development Agreement shall include warranty and securities as outlined by the Town
of Pincher Creek Engineering Standards or as requested by Council.
(i)
The work undertaken for a development agreement shall be by a professional
engineer licensed to practice in the province of Alberta.
(ii)
The developer is responsible for the municipality's engineering costs related to the
owners engineer engaged by the Town to complete designs, reviews, inspections,
etc.
(c)
The developer is responsible for the owners engineer's costs when the town is required
to utilize a consultant to undertake design reviews, etc., on behalf of the Town and
related to the work undertaken under the Development Agreement.
(d)
All work shall be performed in compliance with the current Town of Pincher Creek
Engineering Standards.
(5)
For water and waste water services all development shall comply with the provisions of the
Town of Pincher Creeks Water Utility Bylaw and Waste Water Utility Bylaw.
(6)
Developments that are high volume water users or producers of waste water may not be
approved unless, in the opinion of the Development Authority, the proposed use will not have
a detrimental effect on municipal utilities, or unless the following conditions are met:
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 5 | 35
(a) Developments that are proposed to be or become high volume water users and/or waste
water producers shall be responsible for determining the impacts of their development
on the existing system through an appropriate engineering study. The developer shall be
responsible for all costs related to the design and upgrade of the required utilities
necessary for their site requirements.
(b) Developers shall be responsible for any costs related to upgrading the necessary service
to accommodate the development as required by the Development Authority.
Streets, Sidewalks and Driveway Connectivity
(7)
All development must be served by a public road and all new lots being subdivided shall have
frontage on a public roadway which enables direct physical and legal access.
(8)
A developer may be required to enter into a Development Agreement with the municipality to
construct a municipal road, in accordance with the Town of Pincher Creek Engineering
Standards, necessary to serve a subdivision or development.
(9)
Sidewalks are intended to be provided throughout new subdivisions as directed through a
Development Agreement with the municipality.
(10) The developer is responsible for all costs:
(a)
related to municipal curb and gutter modifications for driveway installation or removal;
and,
(b)
to repair municipal infrastructure (utility lines, streets, curb, gutter, etc.) damaged during
construction of buildings, driveways and landscaping.
SECTION 27
DRAINAGE, GRADING AND STORMWATER MANAGEMENT
(1)
All developments shall direct and maintain building roof and excess post-development surface
runoff, through Positive Lot Drainage, to the public roadway fronting the property, or as
approved by the Development Authority to a rear or side property boundary, or as per a
municipal approved Grading Plan or engineered Stormwater Management Plan.
(2)
For infill redevelopment sites, developer's may be required by the Development Officer to
submit a site Grading Plan with the development application that indicates the existing grades
and proposed grades, illustrating lot elevations at each of the lot corners, building corners and
the adjacent backs of sidewalks and curbs, minimum design slopes, and locations of any swales
or other surface drainage features.
(3)
The Development Authority may require at the time a development permit application is made
or as a condition of development approval:
(a)
engineered grading and drainage plans for the development and a professional geomatic
survey demonstrating that engineered grades have been met;
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 5 | 36
Town of Pincher Creek Land Use Bylaw
(b)
grading and other measures, as appropriate, to control surface drainage, prevent
drainage problems with neighbouring lots, reduce or eliminate grade difference between
adjacent lots, and minimize erosion or slope instability;
(c)
an Erosion and Sedimentation Control Plan as may be outlined in a Development
Agreement or any approved Municipal Engineering or Development Standards;
(d) the provision of security to ensure proper drainage patterns and grades are provided
with any development.
(4)
Where a Development Permit application is submitted to construct, rebuild, or increase
the height of a building or structure, the applicant may be required to submit a grading plan
prior to construction to show the elevation at each corner of the Site and at each corner of the
building.
(5)
All developments and property owners are responsible to ensure discharges from downspouts,
pipes, and sump pump hoses:
(a)
are directed away from neighbouring properties, structures, driveways and sidewalks;
(b)
are directed towards absorbent (resilient) landscape features; and
(c)
are a minimum of 2 m (6.56 ft) away from any Town public infrastructure or property
(i.e., sidewalks, streets, lanes, reserve land, storm drainage facility) to avoid ice build-up
in winter or algae formation in summer. Exceptions may be made for lots with zero
setback lines to send water to the front of the property.
(6)
The construction of a retaining wall may be required whenever, in the opinion of the
Development Authority, significant differences in grade exist or will exist between the lot being
developed and any adjacent lot or roadway.
(7)
Where a retaining wall is required, the applicant may be required to submit to the
Development Officer plans identifying the design and specifications of development. The
developer shall be required to provide design plans prepared by a professional engineer where
required by Safety Codes.
(8)
All commercial, industrial, institutional and multi-unit residential developments shall be
required to provide onsite retention (i.e., storing and slowly releasing stormwater from a
property into the municipal drainage system during heavy rainstorms) based on the available
capacity downstream of service connections and/or current municipal Infrastructure Master
Plan(s).
(9)
Developers are responsible for effectively designing and planning a site being developed to
manage stormwater as the allowable stormwater release rate for the developed area shall not
exceed the rate established in a municipal Infrastructure Master Plan or Storm Drainage Bylaw.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 5 | 37
(10) The Development Authority may allow vegetated swales, resilient landscaping, rain gardens, or
other Low Impact Development (LID) techniques to minimize Impervious Areas to help slow,
absorb, and use storm water runoff effectively to assist with stormwater management and
onsite retention. The Development Authority may on a development permit add a condition
for maintenance/replacement of such systems by the developer when required.
(11) In addition to the requirements of this bylaw, all storm water drainage shall be managed in
accordance with the Town of Pincher Creek Storm Drainage Bylaw.
(12) The Subdivision Authority may require, as part of subdivision application requirements or as a
condition of subdivision approval, engineered grading and storm water management drainage
plans and request applicants address any of the previous items outlined in Section 26 of this
Schedule.
SECTION 28
EXCAVATION, STRIPPING AND GRADING
(1)
Where a proposed excavation, grading, stripping or filling, operation is not part of the overall
development of a site for which a development permit has been approved, or is not required
as a condition of a development agreement, a development permit for the operation shall be
required.
(2)
In addition to the permit application information requirements of the Administrative Section of
this Bylaw, the Development Officer may require the following information with the
application:
(a)
site plans showing the location and dimensions of proposed excavation, grading,
stripping or filling, including details of edge conditions and/or back sloping requirements,
and details regarding any stockpiles;
(b)
a description of the proposed source of any materials being brought to the site;
(c)
the effect on drainage patterns or storm water management plans;
(d)
a description of the proposed site end condition and site restoration plans;
(e)
erosion and sediment control plan developed and monitored by a professional engineer;
(f)
proposals for preventing nuisance, including but not limited to dust, noise, visual
impacts, and control of invasive species;
(g)
proposed access, haul routes and haul activities; and
(h)
proposed timing and phasing of activities.
(3)
Temporary fencing shall be erected around all open excavations where work is inactive and
shall meet the requirements identified by provincial regulation.
(4)
All topsoil shall be retained on the parcel, except where it must be removed for building
purposes.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 5 | 38
Town of Pincher Creek Land Use Bylaw
(5)
All grading shall comply with any finished ground elevations and the design submitted in
section 28(2).
(6)
The Development Authority may set conditions of approval with respect to an excavation,
grading, stripping or filling development permit and require the applicant to enter in a
Development Agreement with the municipality to address any issues arising from the
development permit application, including but not limited to:
(a)
limiting the impact on drainage patterns;
(b)
stipulating a site end condition, such as seeding and loaming the development area;
(c)
limiting the impact of nuisance, including but not limited to dust, noise, visual impacts
and control of invasive species;
(d)
dust control being maintained on site through best management practices,
(e)
defining the timing and phasing of activities; and
(f)
setting access, haul routes and haul activities standards.
(7)
The developer/applicant must locate all underground utilities prior to commencing any
earthwork operations.
(8)
The Development Authority shall require any applicable security as established in the
municipal fee schedule bylaw applied to any proposed excavation, grading, stripping or filling
work/activities, including final grading, to ensure the work is carried out with reasonable
diligence and to the standard as required by the Town.
SECTION 29
DEMOLITION OR REMOVAL OF BUILDINGS OR STRUCTURES
For the purposes of the application of the Land Use Bylaw, the demolition or removal of buildings or
structures shall not require a development permit (see Schedule 1) but shall require a Demolition
Permit and is subject to complying with the following:
(1)
No person shall commence or cause to be commenced the demolition or removal of any
building or structure, or portion thereof, until all necessary permits have been obtained unless
otherwise exempted by the bylaw.
(2)
A demolition or removal may be treated as a discretionary use by the Development Authority,
if it is combined and processed in conjunction with a discretionary use development permit
application. Demolition may also be approved through the issuance of a development permit
if it is processed in conjunction with a permitted use development permit application.
(3)
A Demolition Permit from the municipality must be obtained for the demolition or removal of
any building or structure greater than 13.94 m2 (150 sq ft) in size.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 5 | 39
(4)
Whenever a Demolition Permit is issued for the demolition or removal of a building or
structure, it shall be a condition of the permit that the lot shall be cleared, with all debris
removed, and left in a graded condition upon completion of the demolition or removal to the
satisfaction of the Development Officer. All demolition materials shall be deposited in an
approved waste disposal site.
(5)
When a Demolition Permit is to be approved for the demolition or removal of a building or
structure, the Development Officer may require the applicant to provide a cash deposit, an
automatically renewable irrevocable letter of credit, or other acceptable form of security in
such amount as to occupy the costs of reclamation to any public utility or municipal
infrastructure if applicable.
(6)
Whenever a demolition or removal of a building or structure is carried out, the property owner
and their contractor shall, at their own expense, protect any wall, structure, sidewalk,
landscaping (hard and/or soft) or roadway liable to be affected by such demolition or removal,
including those on neighbouring properties, from damage or displacement.
(7)
The Development Officer may require as a condition of the demolition or development permit
that the site be fenced and screened to ensure adequate public safety.
(8)
The applicant shall be responsible for disconnecting all utility services and obtaining all
necessary approvals before demolition or removal of buildings or structures.
(9)
Although a Demolition Permit from the municipality may not be required in some instances as
outlined, Safety Code permits, including building permits, may be required before proceeding
with demolition (e.g., buildings to be demolished that are 10 m² (107.6 sq ft) or more in area)
or in certain circumstances (e.g., asbestos present), and the applicant is responsible for
contacting a certified Safety Codes officer to ensure compliance with provincial requirements.
(10) The Demolition Permit may be issued without notification being required to adjacent
landowners and becomes effective upon approval with no appeal process. At the discretion of
the Development Officer:
(a) affected landowners, government departments, and utility agencies may be notified of the
application prior to the issuance of the permit, if the Development Officer deems it
necessary;
(b) if notification occurs, the demolition permit shall not be issued until the referral period
reply-by-date as specified by the Development Office has lapsed.
SECTION 30
STATUTORY PLANS
(1)
Where the policies, rules or procedures indicated in a statutory plan vary, supplement, reduce,
replace or qualify the requirements of this Bylaw for a particular district or districts, the
policies, rules or procedures indicated in the statutory plan shall take precedence.
(2)
Area Structure Plans (ASPs) may be required by Council or the MDSA for subdivision or
development proposals in accordance with the MDP, this Bylaw, and the requirements
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 5 | 40
Town of Pincher Creek Land Use Bylaw
outlined in the forms in Appendix A (Application for an Area Structure Plan
Approval/Amendment).
SECTION 31
OTHER MUNICIPAL OR ENGINEERED PLANS
(1)
Site Plans - In accordance with Section 4.3 of the Administration part of this Bylaw, the
Development Officer may require a professionally prepared detailed comprehensive site plan
as part of the development permit application to illustrate existing and proposed
improvements including buildings, structures, roads and access points, setbacks, landscaping,
parking, lighting, signage, and utility easements.
(2)
Real Property Reports (RPR) prepared by a registered Alberta Land Surveyor may be required
to accurately illustrate in measured detail the location of all relevant, visible public and private
improvements on a lot or parcel relative to legal property boundaries. These are required if
the Development Officer is requested to prepare a Certificate of Compliance letter.
(3)
Engineering Design, Development Site Servicing Plans, Underground Utility Plans, and
Surface Grading Plans shall be provided when requested by the Subdivision or Development
Authority, that must be professionally prepared by a Professional Engineer licensed to practice
in the Province of Alberta, who is experienced in the design and execution of municipal land
development projects, and is responsible to prepare and submit a detailed engineering design
to service land under subdivision or development applications with municipal works.
(4)
Traffic Impact Assessments (TIAs) prepared by a Professional Engineer with experience in the
field may be required prior to any subdivision or development or as part of an Area Structure
Plan or conceptual design scheme, to confirm access management standards, roadway cross
sections and other functional considerations, which shall be provided at the expense of the
developer.
(5)
Erosion and Sedimentation Control Plans prepared by a Professional Engineer may be
required to the satisfaction of the Development Authority to outline the requirements for soil
management for a subdivision or land development from the undertaking of earth work.
(6)
Grading and drainage plans, storm water management plans, geotechnical assessments, soils
compaction tests, if required, must be authenticated by a Professional Engineer, Professional
Geoscientist or a Professional Licensee (Engineering) registered with the Association
Professional Engineers and Geoscientists of Alberta.
SECTION 32
ARCHITECTURAL CONTROLS
(1)
Developments must comply with any approved architectural controls if required as part of an
area structure plan, development permit, or subdivision approval. Proof of compliance with
the applicable architectural controls may be required at the time of submission of a
development permit application.
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SCHEDULE 5 | 41
(2)
The Town is not responsible for ensuring compliance with architectural controls not required
by the municipality and that were privately registered on title by individual developers or
landowners.
(3)
The Development Authority is not bound by architectural controls in making a decision on a
development permit application but may require as condition(s) of approval the developer to
adhere to any or all of the requirements as specified.
SECTION 33
OCCUPANCY PERMITS
(1)
Following construction, but prior to Occupancy, the owner/applicant shall be required to have
the Safety Codes Officer inspect buildings to make sure that they are safe to occupy. All
components of the building's construction, including plumbing, heating, gas and electric are to
be reviewed before the building can be occupied.
(2)
Application requirements must be completed at the time of application for a development
permit. All fees for Safety Codes Officer inspections shall be the responsibility of the
owner/applicant.
(3)
The refundable portion of the Occupancy fee will be reimbursed upon receipt of a written
request accompanied with proof of the Occupancy Certificate issued by the Safety Codes
Officer.
SECTION 34
ESCARPMENT AND SLOPE SETBACKS
(1) The minimum setback distance from an escarpment for any subdivided lot boundary shall be a
minimum of 30.5 m (100 ft.) or any such greater distance as established by a certified engineer.
(2) There shall be no application or discharge of water to the ground within 30.5 m (100 ft) from an
escarpment or top of slope.
(3) Notwithstanding the provisions of subsections (1) and (2), an owner of a lot may be allowed to
construct a residence, building or other development up to 15 m (49 ft) from an escarpment
and/or top of slope, referred to as the Development Setback Line, subject to the following
terms and conditions:
(a) A development permit will not be granted until the Town has been provided with and
accepts the findings of a geotechnical and slope stability assessment report from a
qualified engineer licensed with APEGA and stamped by the engineer which specifies:
(i)
that the building site proposed is stable and suitable to be constructed on;
(ii) the type of footings and foundations that are to be constructed;
(iii) that the design and construction of any building will not affect the slope stability of
adjacent slopes;
(iv) the geophysical report from the engineer shall also address and deal with the
following issues:
-
horizontal soil pressure and surcharge loading;
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-
details relative to disposal of fill excavation;
-
details of utility and plumbing;
-
prudent design and construction procedures to be followed during
development;
-
slope stability relative to normally expected events such as wind, snow or rainfall
and consequences of erosion of existing vegetation and topsoil cover of slopes;
-
details of developments, structures and access roadways and extent of
vegetation clearance;
-
details of the weeping tile design and the disposal of the water from the
weeping tile system.
(b) The Development Officer may not issue a development permit with respect to subsection
(3) until the CAO or its designate has authorized such upon acceptance of the
recommendations of the geotechnical and slope stability assessment report on behalf of
the municipality.
(4) Notwithstanding the previous subsections, the Development Authority may issue a
development permit for a residence, building or other development located closer than the
30.5 m (100 ft.) from an escarpment or top of slope based on a distance as established by a
certified engineer, if that varied Development Setback Line has been approved in an Area
Structure Plan approved by Council.
(5) A condition of any development permit shall be that the qualified engineer inspects the
development during the course of construction and certifies that any development has been
constructed in accordance with its engineering report. The Town will require the lot owner to
post a bond or Letter of Credit in the amount of ONE HUNDRED THOUSAND ($100,000.00)
DOLLARS, or other amount as agreed to by Council, to ensure compliance with this provision.
(6) At the time of subdivision of private lands, the Subdivision Authority may as a condition of
subdivision approval have land dedicated as Environmental Reserve or have an Environmental
Reserve Easement registered against the title of the escarpment land to protect the slopes and
vegetation from future development.
SECTION 35
MITIGATION OF IMPACTS
(1) Where, in the opinion of the Development Authority, a development has the potential to create
negative impacts on adjacent uses or nearby residential development in the form of noise,
odor, vibration, lighting, glare or air quality, the applicant may be required to submit a
mitigation plan demonstrating how impacts will be mitigated prior to a decision being made on
the application.
(2) A mitigation plan may be required as a condition of approval as well as any other measures
deemed necessary by the Development Authority to mitigate impacts pursuant to subsection
(3).
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SCHEDULE 5 | 43
(3) The Development Authority may place conditions on a permitted or discretionary non-
residential use, where in their opinion the development has the potential to create negative
impacts on an adjacent residential development, regulating the following:
(a) hours of operation;
(b) location, screening and shielding of exterior lighting, sound systems, waste receptacles,
air-conditioning and heating units, and other exterior mechanical or HVAC equipment;
(c) orientation, screening and shielding of buildings (principal and accessory);
(d) noise control (through abatement measures)
(e) location of parking areas and access/driveways;
(e) location, height, lighting, and architectural style of signage;
(f)
any other matters deemed necessary by the Development Authority to mitigate impacts to
and promote compatibility with adjacent residential uses.
SECTION 36
DEVELOPMENT OF HAZARD LANDS
(1)
The Subdivision or Development Authority may refuse to approve a subdivision or
development application if the proposal 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 gas wells, abandoned wells, brownfield sites, or former industrial
lands, unless the relevant Approval Authority is satisfied the proposal can proceed safely.
(2)
Prior to making a decision on a subdivision or development application for potential hazard
lands, or if in the opinion of the Subdivision or Development Authority land upon which
development is proposed is subject to subsidence, mass wasting, flooding or undermining, the
Subdivision or Development Authority may:
(a) request that a professionally prepared engineered geotechnical analysis be submitted at
the applicant's expense;
(b) request professionally engineered structural building plans;
(c) request flood mapping prepared by and stamped by an engineer demonstrating that any
potential hazards can be mitigated;
(d) require that a wetland assessment be prepared by a qualified professional; and
(e) depending on the nature of the hazard, request that an Environmental Impact Assessment
(EIA) as prepared by a professional engineer be submitted at the applicant's expense.
(3) Wetlands - whenever an activity is proposed that will impact a potential wetland or confirmed
wetland, the applicant/developer:
(a) must follow the Alberta Wetland Assessment and Impact Report Directive;
(b) shall adhere to all relevant provincial and federal legislation and regulations including the
Water Act, R.S.A. 2000, c. W-3, and the Alberta Wetland Policy; and
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Town of Pincher Creek Land Use Bylaw
(c) shall be responsible for all costs associated with wetland mitigation, replacement, or
disturbance costs including paying any Wetland Replacement fee required by the province.
(5) Brownfield sites - Any application for either subdivision or development that is proposed on
lands or in an area known or deemed to potentially include contaminated lands, or is the site of
former chemical, pesticide, heavy industrial, mining, oil and gas processing or storage, gas
station, automotive related uses or other similar type uses, may be subjected to special
information requirements and conditions, including but not limited to, professional engineering
and environmental impact assessments submitted at the applicant's expense.
(6) Prior to making a decision on a subdivision or development application for potential hazard
lands the Subdivision or Development Authority may circulate the application proposal and
corresponding geotechnical or other engineering report to any relevant government
departments for comment.
(7) For land uses adjacent to and in proximity to Pincher Creek and Kettles Creek the standards and
regulations of the Flood Damage Reduction land use Overlay District shall apply (refer to
Schedule 4) of this Bylaw.
SECTION 37
HISTORIC RESOURCES
(1) For lands assigned a provincial Historic Resource Value (HRV) based on the presence of a known
historic resource or the potential to contain one, the developer shall be responsible for
complying with provincial legislation and any requirements for obtaining Historic Resources Act
(HRA) approval.
(2) In accordance with the Matters Relating to Subdivision and Development Regulation,
applications for subdivision of areas containing or likely to contain historic resources shall be
referred by the Subdivision Authority to the provincial ministry having authority (currently
Alberta Arts, Culture and Status of Women) for review and comment.
(3) Anyone who discovers a historic resource, such as an archaeological, paleontological, historic
structures or Aboriginal Traditional Use site, during the course of development activities must
cease work and notify the province immediately for further direction on the most appropriate
action.
(4) If it is determined that HRA approval is required for a project, the developer is responsible for
submitting a Historic Resources Application and meeting any conditions of the province.
SECTION 38
SETBACKS FROM ABANDONED GAS WELLS
The province requires municipalities to ensure that applicants include abandoned gas well
information from the Alberta Energy Regulator (AER) in applications for both subdivisions and
development permits. The Town of Pincher Creek shall meet the legislative requirements regarding
subdivision and development by applying the following policies:
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SCHEDULE 5 | 45
(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) A subdivision or development permit application is not deemed complete until the required
abandoned well information from the AER is provided.
(3) If the Development Officer does not have a copy of the current abandoned well information,
the applicant shall be required to provide the following information:
(a) the AER 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 AER 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
m (16.4 ft.) 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 m (16.4 ft.) setback radius around the
well shall be maintained.
SCHEDULE 6:
USE SPECIFIC STANDARDS
OF DEVELOPMENT
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SCHEDULE 6 | 1
SCHEDULE 6
USE SPECIFIC STANDARDS OF DEVELOPMENT
The following specific criteria, rules and standards apply to certain individual developments
and land uses as prescribed in all districts.
Accessory Dwelling Unit (Secondary Suite) Standards
- Section 1
Alternative Energy Sources - Section 2
Animal Care / Kennels / Veterinary Clinics - Section 3
Bed and Breakfasts - Section 4
Breweries, Distilleries and Wineries - Section 5
Cannabis Production Facility - Section 6
Cannabis Retail Sales - Section 7
Car and Truck Wash Facilities - Section 8
Childcare Facilities (Day Care) - Section 9
Clustered/Cottage Housing - Section 10
Day Home - See Section 11
Electric Vehicle (EV) Charging Stations - Section 12
Fabric Covered Storage Structures (Portable
Garages) - Section 13
Group Home or Group Care Facility - Section 14
Home Occupations - Section 15
Industrial Performance Standards - Section 16
Manufactured/Mobile Home Dwellings - Section 17
Manufactured/Mobile Home Community Standards
- Section 18
Mixed Use / Multi-use Building or Site - Section 19
Multi-unit Dwelling Requirements - Section 20
Mobile Home Park Regulations - Section 21
Moved-In Buildings and Dwellings - Section 22
Outdoor Storage Yards - Section 23
Prefabricated Dwellings (New) - Section 24
Ready-to-Move Dwellings (New) - Section 25
Restaurant and Food Establishment - Section
26
Satellite Dish, Cable, radio, TV Antennas -
Section 27
Service Stations, Gas Bars, Bulk Fuel Stations -
Section 28
Shipping Containers - Section 29
Short-Term Rentals - Section 30
Small Wind Energy Conversion Systems -
Section 31
Solar Collector, Individual - Section 32
Solar Collector Facilities / Commercial - Section
33
Specialty Manufacturing / Cottage Industry -
Section 34
Surveillance / Security Suites - Section 35
Swimming Pools/Hot Tubs (Personal) - Section
36
Telecommunication, Radiocommunication, and
Broadcast Antenna Systems - Section 37
In addition to the standards in this Schedule, the standards and requirements of Schedules 1, 3, 4
and 5 also apply. If there is a conflict in standards for any specific use between Schedules, the
standards in this section shall take precedence.
SECTION 1
ACCESSORY DWELLING UNIT (SECONDARY SUITE) STANDARDS
(1) An Accessory Dwelling Unit (ADU) or secondary suite, in accordance with the applicable land
use district, is categorized as ADU: Attached or ADU: Detached. This use does not include a
two-unit dwelling (semi-detached/duplex), row dwelling, apartment building, lodging/boarding
house, bed and breakfast, or short-term rental which are their own uses and definitions.
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(a) ADU: Attached suites may be inside an existing
dwelling (such as a basement suite, loft suite, or
attached garage upper loft suite), or attached to a
dwelling (addition, or attached garage or carport
conversion).
(b) ADU: Detached suites may be a separate
standalone unit (such as a garden suite),
converted from a detached garage, or located
above a detached garage (carriage or laneway house). DIAGRAM 35
(2) An ADU shall have cooking facilities, food preparation area, sleeping and sanitary facilities,
which are physically separate from those of the principal dwelling within the structure. An ADU
shall also have an entrance separate from the entrance to the principal dwelling, either from a
common indoor landing or directly from the side or rear of the structure.
(3) The minimum lot size for a dwelling to have an ADU (secondary suite) shall be the following:
(a) 325 m² (3,500 sq ft) for a suite within (basement suite) or attached (addition) to a single-
detached dwelling, above an attached garage, or attached carport or attached garage
conversion;
(b) 418 m² (4,500 sq ft) for a suite above a detached garage (carriage or laneway house), or in
a detached separate standalone unit (such as a garden suite or detached garage
conversion);
(c) 557 m² (6,000 sq ft) for a suite within a semi-detached dwelling or as any other type of
accessory dwelling unit on a unsubdivided semi-detached lot.
DIAGRAM 36
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SCHEDULE 6 | 3
DIAGRAM 37
(4) Only one ADU suite per lot may be developed in conjunction with a principal single-detached
residential dwelling. Up to two secondary suites per lot may be developed in conjunction with a
principal semi-detached residential dwelling if unsubdivided. If the semi-detached lot is
subdivided along the common party wall, then one per lot may be allowed (one per each side of
the semi-detached building).
(5) A stand-alone ADU suite (garden suite, detached garage conversion suite) is subject to the
maximum area site coverage requirements for an accessory building of the applicable land use
district of this Bylaw.
(6) An ADU suite shall not be developed within the same principal dwelling containing a Home
Occupation 2, unless it is demonstrated to the satisfaction of the Development Authority that
the amount of traffic generated is limited and adequate parking is available for all combined
uses without adversely affecting the neighbourhood.
(7) The maximum floor area of the ADU suite shall be as follows:
(a) in the case of a secondary suite located completely below the first storey of a single-unit
dwelling (other than stairways or a common landing), the floor area (excluding the area
covered by stairways) shall not exceed the floor area of the first storey of the associated
principal dwelling;
(b) in the case of a secondary suite developed completely or partially above grade, the floor
area (excluding the area covered by stairways) shall not exceed 40 percent (40%) of the
total floor area above grade of the building containing the associated principal dwelling, or
75.0 m² (807 sq ft), whichever is the lesser.
(8) The minimum floor area for an ADU suite shall be not less than 30.2 m² (325 sq ft).
(9) Variances or waivers of yard setbacks shall not exceed 10% to be granted to develop an ADU
suite.
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(10) The approval of an ADU suite is subject to the availability and ability to obtain municipal
services. The ADU suite shall have full utility services through service connections from the
principal dwelling unit and all metering and utility billing shall be to the principal owner.
(a) The approval of a suite may be denied if the municipal servicing plan is not deemed
suitable by the Development Authority or is determined to be unfeasible.
(b) The applicant/developer is responsible for the full costs of providing and connecting to the
municipal services and utility meters required to service the secondary suite.
(11) Development of an ADU shall meet all Fire and Safety Codes requirements and adhere to the
National Building Code, Alberta Edition as a condition of approval.
(12) The ADU suite shall not be permitted to legally separate from
the principal residential dwelling through a condominium
conversion or subdivision process to create separate titles.
(13) An ADU suite developed above a detached garage is subject
to the height and site coverage restrictions of the applicable
residential land use district.
(14) An ADU secondary suite shall be developed in such a manner
that the exterior of the principal building containing the
secondary suite shall appear as a single dwelling.
DIAGRAM 38
SECTION 2
ALTERNATIVE ENERGY SOURCES
(1) The Development Authority is authorized to issue development approvals for alternative energy
sources such as, but not limited to, solar collectors and small wind energy conversion systems,
etc. provided that any additional approvals or standards required at the municipal, provincial
and/or federal levels are met or exceeded. - Refer to sections in this Schedule for individual
standards and requirements.
(2) Alternative energy sources such as geothermal/geo-exchange systems may not require a
development permit but are subject to provincial Safety Code requirements.
SECTION 3
ANIMAL CARE / KENNELS / VETERINARY CLINICS
General Requirements
The requirements of this section apply to the keeping of animals for rescue or humane purposes, or
for shelters and kennels, and are in addition to the requirements of the Town's Animal Control
Bylaw, and any amendments thereto (Veterinary Clinics Small Animal and Veterinary Clinics Large
Animal are separate uses form Kennels and Animal Care - refer to last subsection 16(13).
(1) Animal grooming businesses are categorized as 'Animal Care, Minor' while other types of animal
care, including animal shelters and kennels, are categorized as 'Animal Care' in the districts.
Town of Pincher Creek Land Use Bylaw No. 1639-25
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SCHEDULE 6 | 5
(a) Animal grooming businesses (Animal Care, Minor) may operate in commercial retail
buildings if allowed as a use in the applicable land use district and provided they obtain a
development permit and Business Licence from the municipality
(2) An application for a development permit for an animal care operation, shelter, or kennel
(private or commercial) shall be made to the Development Officer and shall include:
(a) The required development permit application items in the Administrative part of this
Bylaw;
(b) a narrative of the type of operation, animals being accommodated (including numbers and
type), operational management plans for addressing safety, managing pests, handling
waste material, etc., and how it will meet animal welfare regulations including the Alberta
Animal Protection Act and the Alberta Animal Protection Regulations; and
(c) floor plans, elevation and sections that show the location and sizes of the outdoor and
indoor areas of the proposed kennels, animal pens, points of access, and any such other
specifics as required by the Development Authority.
(3) All buildings shall provide adequate air exchange (heating, cooling and ventilation) systems and
the Development Officer may request a building inspection report confirming such
infrastructure is installed and operational.
(4) All animal care or kennel facilities are responsible for following the Canadian Veterinary Medical
Association (CVMA) recommendations for animal care and welfare and must comply with any
provincial requirements or regulations.
(5) The MDSA may impose any condition it determines is reasonable to manage and mitigate any
potential negative impacts that may result from a development related to the care of animals.
Kennels
(6) Kennels shall be only allowed for consideration on industrial parcels that are a minimum of 300
m from the boundary of a residential land use district.
(7) The MDSA may, when issuing a development permit for a private or commercial kennel,
stipulate the maximum number of dogs allowed to be kept at any one time.
(8) Buildings and exterior exercise areas of a kennel shall be oriented to the rear of the principal
building or lot and shall be constructed such that:
(a) potential nuisance related to matters such as but not limited to noise and odour shall be
minimized through the use of soundproofing materials and adequate ventilation systems;
(b) the building shall provide adequate air exchange (heating, cooling and ventilation) systems
such that the comfort of dogs shall be provided at all times, regardless of outside weather
conditions;
(c) buildings and exterior exercise areas shall provide adequate opportunities for physical
separation of dogs for the purposes of feeding, sleeping, or isolation if required;
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(d) fences must provide a fully enclosed exterior area from which dogs cannot escape and in
the General Industrial and Warehousing - I1 land use district, shall be constructed such
that any part of the fence adjacent to or straddling adjacent property lines shall be at least
ninety (90) percent opaque.
(9) All dogs shall be required to be kept inside from 9 pm until 7 am or any other such time as is
determined to be appropriate by the MDSA.
(10) All kennels shall be required to obtain a Business License from the Town.
(11) Kennels are a discretionary use and may be refused to be approved by the MDSA if it is not
satisfied they are suitable regarding their proposed operations or the site or its location.
Veterinary Clinic (Small and Large Animal)
(12) In addition to the requirement of obtaining a development permit approval from the
Development Authority, a veterinarian practice is not permitted to operate unless it has
obtained any necessary registration, approval, or authorization as required with the Alberta
Veterinary Medical Association (ABVMA).
(13) The operator is responsible to ensure all waste and Biomedical waste shall be safely stored and
disposed of in accordance with federal and provincial legislation inching the Public Health Act
and shall not create a public nuisance.
(14) For a Veterinary Clinic Large Animal operation, if cattle or other large animals (livestock) are
treated at the facility the site must be able to provide:
(a) an adequate space and system to unload/load an animal; and
(b) a head gate available for restraint that is in good working order and repair.
(15) Veterinary Clinic Large Animal facilities shall be only allowed for consideration on parcels
designated for such a use and that are a minimum of 150 m (492 ft) from the boundary of a
residential land use district.
(16) Veterinary practices are exempt from being required to pay a Business License fee to the Town.
SECTION 4
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. (This use does not include Home Occupations, Short-term Rentals, Lodging
and Boarding House, Motels, or Hotels which are separately defined uses.)
(2) Bed and Breakfast accommodation shall only operate with a valid development permit and a
municipal Business Licence issued.
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SCHEDULE 6 | 7
(3) The MDSA shall not approve a development permit for both a Bed & Breakfast and a Short-term
Rental Type 2 on the same property, but a Short-term Rental Type 1 may be allowed to operate
concurrently.
(4) Bed and Breakfast accommodation shall be an incidental and subordinate use to the principal
use and restricted to the dwelling unit, and:
(a) 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;
(b) 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;
(c) 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;
(d) employees working in the business shall be limited to the residents of the dwelling unit;
(e) the accommodation shall be limited to a maximum of two guest rooms and a maximum of
four guests in addition to the permanent residents;
(f)
advertising may only be permitted in compliance with the Signage Standards and
Requirements and are the same standards applied as a Home Occupation 1 use;
(g) alterations to the principal building may be permitted but shall not change the principal
character or external appearance of the principal building;
(h) a development permit does not exempt compliance with health regulations or any other
provincial and municipal requirements;
(i)
accommodation for each group of guests shall be for a maximum of 14 consecutive days;
(j)
individual guest rooms shall not be permitted to contain cooking or kitchen facilities;
(k) meals may be provided to registered guests only and meals for guests shall be prepared in
the common kitchen of the principal residence;
(l)
one off-street parking space is required for each guest room in addition to the off-street
parking requirements for the dwelling;
(m) the applicant shall be responsible for compliance with the Alberta Health "Bed and
Breakfast" Health Standards and Guidelines and the National Building Code - Alberta
Edition requirements for Bed and Breakfast accommodations;
(n) the applicant shall be responsible to ensure the premises are equipped with smoke alarms
and fire extinguishers and comply with any fire and safety regulations as prescribed by the
National Building Code - Alberta Edition and Fire Code;
(o) the issuance of a development permit in no way exempts the applicant from obtaining any
other Provincial approvals that may be required.
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SCHEDULE 6 | 8
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SECTION 5
BREWERIES, DISTILLERIES AND WINERIES
(1) Small-scale breweries (micro-breweries), distilleries and wineries are categorized as 'Specialty
Manufacturing/Cottage Industries' as defined within this Bylaw and are only allowed where
such a use is prescribed within the applicable land use District.
General Requirements
(2) That the developer or applicant must apply for and provide copies of all approved Alberta
Gaming Liquor and Cannabis (ALGC) and Alberta Health permits and licenses as a condition of
the development permit approval.
(3) The use may have a private hospitality area where products made on the premises are provided
to private groups for tasting and consumption as a special event.
(4) The use may include a public area of 150 m² (1,615 sq. ft) or less where beer, wine, spirits and
other alcoholic beverages manufactured on the premises are sold to the general public for
consumption on the premises.
(5) Breweries, distilleries and wineries shall not generate odour, dust, waste or delivery traffic in
excess of that which is characteristic of the District in which it is located.
(6) There shall be no outdoor manufacturing activities, or unenclosed outdoor storage of material
or equipment associated with the business.
(7) Any public entrances (except emergency exits, loading bay doors), outdoor public spaces and
outdoor private hospitality areas shall not face or be located next to an abutting residential use
existing at the time of approval.
(a) This requirement may be exempted by the Development Authority if the business is
locating in a mixed-use area, the direct adjacent neighbors have indicated they have no
objections to the proposal, or the Development Authority is satisfied that measures may
adequate be put in place on a development permit to mitigate potential impacts, such as
limiting hours of operation, erecting buffers or screening, etc.
(8) Parking shall be calculated in accordance with Schedule 5, Off-street Parking and Loading
Requirements, and may be a combination of the all the uses occurring with the business,
including retail floor space in addition to any bar/lounge and eating establishment parking
requirement provisions.
(9) Brewery and distillery type developments may only be approved if it is determined there is
sufficient water and sewer capacity to serve the type and size of operation at the site, and such
developments may not be approved if it is determined the proposed use will have a detrimental
effect on municipal utilities.
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SCHEDULE 6 | 9
(10) To be considered as a Specialty Manufacturing/Cottage Industry the development must be
small-scale which occur in a building or facility not exceeding a gross floor area of 510 m2 (5,490
sq. ft.), including areas devoted to retail sales, display and storage, and one which is not
classified as a Large Manufacturer Licence (Class E) by the ALGC. For the purposes of this Bylaw,
a Large Manufacturer Licence operation is categorized as an 'Industrial/Manufacturing
Processing' use.
SECTION 6
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
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 m of a parcel used for a school, child care, 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.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 6 | 10
Town of Pincher Creek Land Use Bylaw
SECTION 7
CANNABIS RETAIL SALES
Use Eligibility
(1) Cannabis Retail Sales store uses are a separate use from other retail and may only be permitted
on a parcel of land where the applicable District allows for that specific land use.
(2) A site for a Cannabis Retail Sales store shall not be approved for a development permit if the
premises is located within a separation distance of the boundary of a parcel of land:
100 m
Provincial Health Care Facility, Public Park, Public
Recreation Facility, Municipal Reserve, Licensed Liquor
Store, Retail Cannabis Store,
200 m
School (public or private) Facility, Child or Daycare
Facility
(3) The separation distance shall be measured from the closest point of the parcel on which the
proposed Cannabis Retail Sales is located to the closest point of the Site boundary upon which
the other use is located. The separation distance shall not be measured from district
boundaries or walls of buildings
(4) The specified separation distances are reciprocal and also apply to those described sensitive
uses (e.g. school, child care facility, recreation facility, etc.) applying for development permit
locating in proximity of established Cannabis Retail Sales stores.
Development Criteria and Standards
(5) In issuing a development permit for a Cannabis Retail Sales store, consideration will be given by
MDSA to the following criteria and applicable conditions:
(a) A Cannabis Retail Sales 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
may be limited and specified by the MDSA, which will be placed as a condition on a
development permit approval.
(c) All signage, including the contents, must comply with the Land Use Bylaw Appendix D, 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 Schedule 5, Off-street
Parking and Loading Requirements 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.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 6 | 11
(e) All Cannabis Retail Sales store approved for a development permit must obtain a 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 Cannabis Retail Sales store)
shall be required as a condition of a development permit approval.
(f)
If an approved Cannabis Retail Sales 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.
(g) A developer/operator of a Cannabis Retail Sales 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.
SECTION 8
CAR AND TRUCK WASH FACILITIES
(1) All washing facilities shall occur within an enclosed building with at least two bay doors.
(2) The building shall be located a minimum of 30.48 m (100 ft.) from the closest lot boundary of
any residential land use district in proximity.
(3) Vacuuming facilities may be outside the building but shall not be in the front yard and shall not
be closer than 15.24 m (50 ft.) from the closest lot boundary of any residential land use district.
(4) All off-street access and 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 m (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 Schedule 5, Off-street Parking and Loading
Requirements.
(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.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 6 | 12
Town of Pincher Creek Land Use Bylaw
SECTION 9
CHILDCARE FACILITIES (DAY CARE)
(1) All child care (day care) facilities that provide services to care for seven (7) or more children
between the ages of 0 and 12 at any one time, for periods of time not to exceed 24 hours, not
including those children who reside in the home on a permanent basis, are required to obtain a
development permit and shall meet the licensing requirements of the Province. Childcare
facilities include both a facility-based program or a family day home program.
(2) All applications for childcare facilities shall, as a condition of approval, obtain the necessary
approvals required from regulatory agencies. All childcare facilities must be licensed and
operate in accordance with the provincial Child Care Licensing Act.
(3) Childcare facilities may be approved in the applicable land use district where they are
prescribed, subject to the conditions and requirements of this section.
(4) 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.
(5) The use shall not generate traffic problems within the neighbourhood. The following traffic and
parking considerations shall apply:
(a) The fronting street design, existing volume of traffic, and how the additional traffic based
on the size (number of clients and employees) of the facility may impact this shall be
considered.
(b) The use requires a minimum of one identifiable on-site pick-up and drop-off space for
every 6 children/clients and the location of passenger loading zones for childcare facilities
may be specified by a condition of a development permit.
(c) On-site parking is required as per Schedule 5, Off-street Parking and Loading
Requirements.
(6) Signage for childcare 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.
(7) The site must allow for secure storage and pick up of garbage and recycling material located
away from public areas.
(8) An outdoor play/ amenity space that is on, adjacent to, or within easy and safe walking distance
from the program premises must be provided in accordance with the Childcare Licensing
Handbook to meet provincial requirements and to the satisfaction of the MDSA.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 6 | 13
(9) A childcare facility/site catering to children may be required to provide screening for any
outdoor play areas to the satisfaction of the MDSA.
(10) In considering the suitability of a building or site for a discretionary childcare use, the MDSA
may consider the appropriateness of location for childcare 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.
(11) It shall be a condition of every facility-based licence that the licence holder must comply with all
applicable zoning, health and safety requirements and shall obtain all necessary Safety Code
approvals.
SECTION 10
CLUSTERED/COTTAGE HOUSING - see Mixed Use or Multi-use Buildings or Sites
SECTION 11
DAY HOME
(1) The operation of a day home does require a development permit subject to the following
criteria:
(a) A day home shall have no more than six (6) children between the ages of 0 and 12 at any
one time, for periods of time not to exceed 24 hours, not including those children who
reside in the home on a permanent basis, and that may be licensed or unlicensed by the
Province.
(b) A day home shall not be located within a dwelling containing a Home Occupation Class 2.
(c) The operator is required to obtain a Business Licence from the Town of Pincher Creek.
(d) The use shall not generate traffic problems within the district and the lot must be able to
provide the minimum number of residential off-street parking spaces per Schedule 5, Off-
street Parking and Loading Requirements.
(e) No exterior alterations shall be undertaken to a dwelling which would be inconsistent with
the residential character of the building or property.
(f)
At the discretion of the Development Officer, secure fencing of the yard may be required
as a condition of permit approval which shall be reviewed on an individual property basis.
(g) Signage for day 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; or
(v) any sign must be as required by the Province or as provided by and related to the
approval of the day home by the Province of Alberta.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 6 | 14
Town of Pincher Creek Land Use Bylaw
(2) Notwithstanding that a development permit may not be required, all day homes shall be
responsible for complying with the Child Care Licensing Act and obtaining all necessary
approvals required from regulatory agencies.
SECTION 12
ELECTRIC VEHICLE (EV) CHARGING STATIONS
(1) Where an EV Charging Station has not been approved as part of the initial use addressed in a
development permit for a service station or gas bar it shall be categorized as an accessory use in
the applicable land use district of the subject parcel for the purposes of development and
processed accordingly. Such a use may be allowed in conjunction with a commercial business
(i.e. hotel, motel, restaurant, or retail business) or government office or service if the standards
of this Bylaw are met.
(2) A pedestal mounted EV Charging Station shall not encroach over a property line and must be
setback the minimum distance to the property lines as specified on the applicable land use
district for an accessory use. An EV Charging Station may project into the required distance of a
front yard setback up to 50 percent.
(3) The setting up a personal EV Charging Station adjacent to the street parking in front of a
residential dwelling shall not be permitted if it impedes or impinges on sidewalks or other
vehicles' rights to use that public street parking space.
(4) Where spaces for commercial EV Charging Stations are provided, they shall meet the following
requirements:
(a) the equipment for the charging of one electric vehicle is
permitted within a parking space provided the required
space (dimensions) to accommodate a parked vehicle is
available (see Schedule 5, Off-street Parking and Loading
Requirements);
(b) the equipment and energized outlets shall be labeled for
their intended use and located within 3 m (9.8 ft.) of the
associated parking spaces; DIAGRAM 39
(c) the parking space shall be clearly labelled and signed as a Reserved parking space for
electric vehicles or hybrid electric vehicles only;
(d) the charging equipment must be located at least 6.1 m (20 ft) from a street intersection or
lot access drive aisle from which vehicle access is provided, measured at right angles;
(e) an energized outlet capable of providing Level 2 charging or higher shall be provided to the
space.
(5) Other than individual EV Charging Stations associated with residential dwellings, such uses shall
not remove dedicated public parking spaces required as part of a development permit approval.
Exceptions to this may be allowed:
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 6 | 15
(a) in a situation where the patron of a business such as a hotel may use a dedicated space to
charge their vehicle while they obtain overnight accommodation; or,
(b) where the Development Authority allowed or required as part of a development permit
approval a certain percentage of the required parking spaces for the business to be
specifically dedicated for EV Charging Station use while clients patronage the business.
(6) The applicant shall obtain an electrical permit as required by provincial Safety Codes, and the EV
charger must be installed by a licensed, experienced electrician.
(7) The operator is responsible for keeping their EV Charging Station in good working condition.
(8) The applicant is required to register the EV charging stations with the federal government
(Measurement Canada) and must comply with the Electricity and Gas Inspection Act (EGIA) and
shall submit a copy of the filed registration to the Development Officer.
(9) The Development Authority may require that EV Charging Stations be provided for multi-unit
residential buildings if it is of the opinion it is warranted.
SECTION 13
FABRIC COVERED STORAGE STRUCTURES (PORTABLE GARAGES)
(1) All fabric covered storage structures (portable garages) and similar structures shall require a
development permit if they exceed 13.94 m² (150 sq. ft.) in size (see Diagram 40).
(2) Fabric covered 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 District standards of the bylaw.
(3) Development permit applications involving fabric covered 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.
(b) Fabric covered 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. DIAGRAM 40
(c)
A fabric covered building (portable garage) and storage structure shall not be located
within the required setback from a public road or on an easement.
(d) A fabric covered building (portable garage) and storage structure shall be setback a
minimum 1.22 m (4 ft.) from the principal dwelling and from all other structures on the
same lot.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 6 | 16
Town of Pincher Creek Land Use Bylaw
(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, these structures would then be categorized as temporary.
(4) Any fabric covered building (portable garage) and similar storage structure that is 13.94 m² (150
sq. ft.) or less in size shall, even though a development permit may not be required, meet the
required yard setbacks and not be located in the front yard in any District.
SECTION 14
GROUP HOME / GROUP CARE FACILITIES
(1) The requirements of this section apply to all Group Care Facilities including but not limited to
Group Homes as defined and Group Care Facilities that may be permitted based on a higher
maximum occupancy based on the land use district in which such facilities may be approved.
(2) The applicant is required as part of the development permit application, to provide information
on the following:
(a) the type of operation and client served;
(b) the number of clients accommodated and how many client rooms (bedrooms);
(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.
Group Homes
(3) All Group Home facilities (as defined in Schedule 8) that may be approved are subject to the
following conditions and requirements:
(a) the total occupancy by clients and staff shall be specified for each development by
condition on a development permit. The total number of clients shall not exceed more
than two (2) per bedroom in a residential District, and in no case shall exceed eight (8)
clients in total;
(b) the Development Authority may establish the maximum number of residents allowed in a
Group Home facility on a case specific basis with attention given to the land use district in
which the use is located and the type of facility seeking approval;
(c) 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;
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 6 | 17
(d) if the Group Home facility is operating within a single-detached 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;
(e) the use of accessory buildings, structures or uses not associated with the principal
residential dwelling are not permitted on the property;
(f)
the site must allow for secure storage and pick up of garbage and recycling material
located away from public areas;
(g) the use shall not generate traffic problems within the district;
(h) off-street parking is required to be provided in accordance with Schedule 5, General Land
Use Standards, Off-street Parking and Loading Requirements; and
(i)
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;
(iii) sign must be located in the buildings window.
(j) 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.
Group Care Facilities
(4) All Group Care Facilities that may be approved are subject to the following conditions and
requirements:
(a) the total occupancy by clients and staff shall be specified for each development by
condition on a development permit;
(b) the MDSA may establish on a case specific basis the maximum number of clients and/or
total occupancy (staff and clients) allowed in a Group Care Facility based on the number of
bedrooms or suites available;
(c) the site must allow for secure storage and pick up of garbage and recycling material
located away from public areas;
(d) the use shall not generate traffic problems within the district;
(e) off-street parking is required in accordance with Schedule 5, Off-street Parking and
Loading Requirements;
(f)
signage for Group Care Facilities shall be in accordance with Appendix D; and
(g) all applications for Group Care Facilities shall, as a condition of approval, obtain the
necessary approvals required from regulatory agencies and the group home shall comply
with all provincial standards.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 6 | 18
Town of Pincher Creek Land Use Bylaw
SECTION 15
HOME OCCUPATIONS
The intent of this Section is to provide regulations respecting home occupations to protect
residential areas and districts from incompatible non-residential land uses.
(1) All Home Occupations shall be categorized as either Home Occupation Class 1 or Home
Occupation Class 2. (Day Homes, Bed and Breakfasts, and Short-term Rentals shall be
categorized as their own separate use and not as a Home Occupation.)
(2) Home Occupations may be approved under the following classifications (if there is a doubt as
to whether a proposed home occupation is a Home Occupation Class 1, then the Development
Officer may refer the application to the MDSA for a decision):
Home Occupation Class 1 - a home-based occupation that involves the establishment of a
small-scale business by the dwelling resident that is incidental to the primary use of the
residence, any sales occur off the premises, and which does not involve:
(a) outdoor storage and/or display of goods;
(b) more than one non-resident employees; and/or
(c) more than two customer/client visits to the residence per day or ten per week.
Typical uses may be self-employed home office use, consultant, accounting or book keeping,
home based off premise sales (e.g., direct marketing, cooking & kitchen wares, beauty &
personal care, nutrition & health supplements, condiments & packaged food supplies, etc.),
drafting & design, online instruction, phone and digital media-based self-employment, e-
commerce specialist, data analyst, etc.)
Home Occupation Class 2 - 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 Class 1 and could include some client visits, and which may involve:
(a)
the use of an accessory building on the property;
(b)
limited onsite storage of materials, equipment or goods only within the residence or
within an accessory building (no visible or outdoor storage permitted);
(c)
a maximum of two non-resident employees;
(d)
limited customer visits per day or per week (at discretion of MDSA to determine);
(e)
the use or parking of one commercial vehicle off-street not to exceed 1 tonne; and,
(f)
one commercial or utility trailer not to exceed 6.1 m (20 feet) in length that shall only be
parked or stored in a rear yard or within a garage. Such trailers are prohibited in the front
yard or to be parked on the street.
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Town of Pincher Creek Land Use Bylaw
SCHEDULE 6 | 19
Typical Class 2 uses may be self-employed massage or personal care services, music or fine art
lessons, private counselling services, self-employed office use with an associated commercial
work vehicle, contractors/trades persons who work off premise, and artisan cottage crafts or
specialty food businesses (e.g., artisan works, food preserves, baking for on-line or off-site sales,
craftsmen).
Assessment of Measurable Impact
The defining factor categorizing Home Occupations is measurable impact. The cumulative
impact of factors identified through the information provided in the preceding section (2) shall
form the basis by which the category of home occupation is determined, as outlined in the
following table:
Standard/ Impact Factor
Home Occupation Categories
Class 1
Class 2
Non-resident employees
1
2
Commercial vehicles
0
1
Commercial trailers
0
1
Indoor Storage
Yes (within dwelling only)
Yes (also within an
accessory building)
Outdoor storage
None
None
Off-street (onsite) parking
0
2
Client visits (per day) allowed
2 per day
(or 10 max per week)
MDSA discretion
Standard/ Impact Factor
Class 1
Class 2
Signage
1 window +
1 free-standing
1 window +
1 free-standing
On-site sales
0
MDSA discretion
Development permit
Required
Required
(3) All Home Occupations shall be subject to the following standards:
(a) The business operator must be a full-time resident of the home. The permit is non-
transferable and shall be void if the owner as applicant ceases to live on the premises.
(b) Home Occupations shall be no more than a supplementary (incidental) use to the principal
residential use of the dwelling.
(c) Home Occupations shall be limited to those uses which do not interfere with the rights of
other residents to quiet enjoyment of a residential neighbourhood.
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SCHEDULE 6 | 20
Town of Pincher Creek Land Use Bylaw
(d) The nature and extent of the Home Occupation for consideration should be reviewed with
respect to the nature of the business and if it may be uneconomical and unreasonable to
locate the occupation/business in a commercial or light industrial area as determined by
the MDSA.
(e) Home Occupations shall not have outside storage of material goods or equipment on the
site, and storage is only allowed as permitted by this Bylaw.
(f)
On-site parking is required as per Schedule 5, Off-street Parking and Loading
Requirements.
(g) No form of commercial advertising related to the Home Occupation shall be displayed on
the outside of the building except an unlighted sign to identify the use (business)
conducted on the site.
(h) The use shall be limited to one sign and the size of the sign shall be limited to 0.56 m² (6 sq
ft) and it may be placed in a window or attached to the exterior of the residence on the
street side of the residence. - See Appendix D Signs
(i)
A Home Occupation shall not create a nuisance by way of dust, noise, vibration, odours, or
smoke, heat or glare, or traffic generation and no hazardous materials may be used or
stored on the premises.
(j)
A Home Occupation Class 2 shall not employ any more than two persons other than the
occupants of the principal residential building in which they take place.
(k) A Home Occupation shall not require alterations to any building unless the alterations are
approved by the MDSA. No variation in the residential character and appearance of the
dwelling, accessory building, or land shall be permitted.
(l)
No commercial vehicles of an overall length that exceeds 6.7 m (22 ft.) or tandem trucks
for a Home Occupation 2 shall be parked or maintained on a public road right-of-way or
lane.
(m) The MDSA may issue a temporary development permit for a defined period for a Home
Occupation Class 2.
(n) The hours of operation and number of customer visits for a Home Occupation Class 2 may
be limited by the Development Authority to minimize impacts on surrounding residential
uses.
(o) Only one Home Occupation Class 2 shall be permitted per dwelling or as otherwise
approved by the Development Authority. A Class 1 and Class 2 may be permitted to
operate simultaneously.
(p) 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.
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SCHEDULE 6 | 21
(q) All permits issued for Home Occupation shall be subject to the condition that the permit
may be revoked at any time if, in the opinion of the Development Authority,
(i)
the use is or has become detrimental to the amenities of the neighbourhood; or
(ii) if the Development Authority becomes aware that information about the home
occupation operations was not fully or truthfully disclosed at the time of permit
application, or
(iii) the business is not operating in compliance with the conditions imposed on the
approved permit.
SECTION 16
INDUSTRIAL PERFORMANCE STANDARDS
(1) All applicants or operators of industrial or commercial developments are responsible for
obtaining any necessary approvals required from various government regulatory agencies
related to their operation and shall comply with any applicable federal or provincial standards,
regulations or Acts.
(2) Any operation including production, processing, manufacturing, cleaning, testing, repairing,
storage or distribution of any material, regardless of the land use district of the lot(s) on which
the operation is undertaken, shall meet the standards of this section and all other applicable
sections of this Bylaw.
(a) Noise emitted above normal acceptable practices or standards related to the industry or
activity occurring for a permitted or discretionary use may be subject to the Town of
Pincher Creek Noise Bylaw.
(b) No process involving the emission of dust, fly ash, or other particulate matter outside of
the boundaries of the lot on which the use is approved is permitted.
(c) The emission of toxic gases or other toxic substances, as defined under provincial or
federal legislation, is prohibited.
(d) No operation shall be carried out that would produce glare or heat discernible beyond the
property line of the lot concerned.
(e) External storage of goods or materials related to the business operations is permitted if
kept in a neat and orderly manner, or suitably screened in accordance with Section 17
(Landscaping & Screening) of Schedule 5 (General Standards of Development), to the
satisfaction of the Development Authority.
(f)
No waste shall be discharged into any municipal sewer that does not conform to the
standards established by the Town; the maximum quantity of which may be so discharged
shall be governed by the Town and any associated municipal policies or bylaws.
(3) The Development Authority may impose any condition it deems necessary on a development
permit approval to prohibit, regulate, or mitigate the potential external negative impacts of
industrial developments or those determined, at the discretion of the Development Authority,
to be hazardous or noxious.
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SCHEDULE 6 | 22
Town of Pincher Creek Land Use Bylaw
SECTION 17
MANUFACTURED/MOBILE HOME DWELLINGS
Standards and Requirements
(1) All manufactured/mobile homes established on a lot or parcel of land require a development
permit. Applicants are also required to obtain a Safety Codes permit for new or relocated units
as required by the provincial Safety Codes.
(2) Only the following shall be considered eligible manufactured/mobile homes to be established
on a lot or lease site as allowed in the applicable district:
(a) New or Used factory-built manufactured/mobile home units built to CSA-A277 or current
Canadian Standards Association (CSA) certified units and the National Building Code -
Alberta Edition.
(b) Used factory-built units must not be in excess of
20 years old and in a good state of repair to the
satisfaction of the Development Authority. These
may be single-wide or double-wide units.
(c) Existing manufactured/mobile home units legally
established previously as a CSA-Z240 label model
or pre CSA-A277 are permitted to remain but may
not be replaced with a CSA-Z240 unit.
DIAGRAM 41
(d) Factory built units bearing the CSA-Z241 Series (Park Model Trailers) and CSA-Z241 RV
Series (Recreational Vehicles) are not classified as residential dwelling units and are
prohibited.
(3) Any application for a development permit to locate a used manufactured/mobile home:
(a) shall include recent colour photographs of all elevations (front, side, rear) including
additions,
(b) may require an inspection and report by a Safety Codes building inspector or the
Development Officer to confirm the unit's suitability, and
(c) information on the year and manufactured/mobile home's construction and if it is bearing
the Canadian Standards Association (CSA) certified unit label.
(4) The Development Authority may require a security deposit in an amount it determines
necessary to ensure the conditions of the approval of a development permit for a
manufactured/mobile home are met. The deposit will only be returned, with no interest, when
the Development Authority is satisfied that all conditions have been met.
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SCHEDULE 6 | 23
Foundations, Roof Lines and Additions
(5) All manufactured/mobile homes are to have wheels removed and be placed upon a foundation
capable of supporting the maximum anticipated load in conformity with provincial legislation
and CMHC regulations and in accordance with the National Building Code - Alberta Edition and
foundations may be to a CSA Z240.10.1 Standard.
(6) A basement for a manufactured/mobile home may be permitted provided the access to the
basement is housed within an approved enclosure.
(7) Manufactured units not provided with a basement shall be placed not less than 0.3 m (1 ft.) and
not more than 0.6 m (2 ft) higher than the average finished grade of the surrounding ground.
(8) To ensure compatibility of housing types, the variation of roof lines between double-wide
manufactured/mobile homes and conventional homes may be limited.
(9) All manufactured/mobile home additions shall be of a design and finish which will complement
the unit.
General Appearance
(10) The wheels, hitches and other running gear shall be removed from a manufactured/mobile
home immediately after the placement of the home.
(11) The yard area of each lot shall be developed and landscaped when construction has been
completed to the satisfaction of the Development Authority.
(12) Any portion of a concrete block foundation above grade shall be parged unless otherwise
finished with an approved material.
(13) Manufactured/mobile homes shall be skirted to ground level with fireproof material of similar
design to the manufactured/mobile home exterior. Wheels and hitches shall be removed from
the manufactured/mobile home, unless otherwise approved by the Development Authority.
(14) The Development Officer or the MDSA may impose conditions on development approvals which
serve to improve the quality of any proposed manufactured/mobile home dwelling. Such
conditions may include but are not limited to specifying: exterior building finishes including
exterior material type, colours, roofing (pitch, colour and material), windows, doors and trim,
along with landscaping and parking areas to be provided.
Manufactured (Mobile) Home Additions
(15) Any addition to a manufactured home (mobile home) shall be of a design and finish which will
complement the existing manufactured/mobile home unit.
(16) Additions shall be located to the rear or side of the manufactured/mobile home unit only,
provided the finished addition can meet the applicable yard setbacks.
(17) Additions shall not exceed 40 percent of manufactured/mobile home units floor area, up to the
maximum principal building lot site coverage allowed in the district.
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SCHEDULE 6 | 24
Town of Pincher Creek Land Use Bylaw
SECTION 18
MANUFACTURED/ MOBILE HOME COMMUNITY STANDARDS
In addition to the general rules contained in Schedules 3, 4 and 5, the following rules and
requirements also apply:
(1) Any existing mobile home parks operating within the municipality at the time this Bylaw comes
into effect may continue to operate but any new manufactured (mobile) home parks shall be
required to meet the standards of this section.
(2) The parcel of land for a Manufactured/Mobile Home Community must be designated to the R2
land use district wherein such use is permitted.
(3) An approved comprehensive siting plan shall be required prior to the subdivision and/or
development of land in this district, and all development shall conform to the comprehensive
siting plan.
(4) The comprehensive siting plan shall show:
(a) lot or site dimensions,
(b) minimum setback dimensions (building pockets),
(c) the type of dwelling and number of dwelling units on each lot or site,
(d) signage,
(e) garbage container locations,
(f)
lighting,
(g) open space,
(h) buffers,
(i)
landscaping including screening around garbage containers and other community facilities
and buildings, and
(j)
such other information as deemed necessary by the MDSA.
(5) The comprehensive siting plan shall incorporate:
(a) curvilinear internal roads;
(b) an internal road system that minimizes potential traffic congestion, traffic hazards and
conflict with pedestrian traffic;
(c) a pedestrian walkway system connecting homes with community facilities and abutting
public walkways;
(d) recreation and open space that is conveniently located for residents and is free from traffic
hazards;
(e) variation in front setbacks;
(f)
cluster designs or other lot or site configurations that promote a wide choice of sites and
settings for residents, maximize privacy and minimize conflict between adjacent lots and
community facilities; and
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SCHEDULE 6 | 25
(g) establish guidelines and standards satisfactory to the MDSA governing the design and
materials of homes, community buildings and facilities, carports, patios, porches,
foundations, fences and other attached or detached structures.
(6) As part of the comprehensive site plan submission an engineered storm water management
plan, if deemed necessary, must be provided to the satisfaction of the Development Authority.
(7) The comprehensive siting plan shall be evaluated and approved by the MDSA on the basis of the
development standards of this schedule. The MDSA may adopt additional guidelines as a
further basis on which to evaluate the comprehensive siting plan. Both the development
standards and additional guidelines applying to the comprehensive siting plan shall be
employed in the consideration of all subsequent development permit applications.
(8) Notwithstanding the MDSA granting a relaxation pursuant to section 4.11 of the Land Use
Bylaw, only those standards whose relaxation will not alter the intent or substance of the
comprehensive siting plan may be waived. All other changes shall require an amendment to
the comprehensive siting plan.
(a) Community Area - A minimum cumulative size of 2 ha (4 acres).
(b) Lot or Site Area for Dwellings
(i)
A minimum area for single section homes of 350 m2 (3767 sq ft).
(ii) A minimum area for multi-section homes of 400 m2 (4305 sq ft).
(c) Lot or Site Width
(i)
A minimum width for single section homes of 12 m (39 ft).
(ii) A minimum width for multi-section homes of 13.5 m (44 ft).
(d) Lot or Site Depth
(i)
A minimum depth for single section homes of 29 m (95 ft).
(ii) A minimum depth for multi-section homes of 27 m (88 ft).
(e) Density - A maximum gross density of 20 dwelling units per ha.
(9) The following criteria and standards shall apply to any proposed Manufactured Home
Community:
(a) Front Yard - A minimum yard measured from a community or public road right-of-way
of 4.6 m (15 ft).
(b) Side Yards
(i)
Principal Building - 1.2 m (4 ft) for each side yard; or
(ii) Zero Lot Line Properties - The minimum side yard setback for all internal sites will
apply zero lot line siting where:
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Town of Pincher Creek Land Use Bylaw
- the owner of the adjacent site grants a 3 m (10 ft) access easement for
maintenance and fire separation, which shall be registered by caveat against the
title of any site proposed for development and the title of the adjacent site,
including a 60 cm eave and footing encroachment, and
- all roof drainage from the building is directed onto the site by eavestrough and
downspouts.
(c) Rear Yard - A minimum yard of 1.5 m (5 ft).
(d) Separation Spaces - A minimum separation between any building and the boundary of
the community of 4.5 m (15 ft).
(e) Floor Area - A minimum floor area for each dwelling of 65 m2 (700 sq ft)
(f)
Lot or Site Coverage
(i)
A maximum coverage for all buildings together of 40 percent.
(ii) A maximum coverage for accessory buildings of 15 percent.
(g) Height of Buildings
(i)
A maximum height for dwellings and other principal building of two storeys.
(ii) A maximum height for accessory buildings of 5 m (16 ft).
(h) Other
(i)
All factory-built homes must comply with the Part 9 of the National Building Code
(NBC) and be certified compliant to the (NBC) under the CSAA277 Certification
Standard.
(ii) Dwellings shall be finished from the floor level to the ground level within 30 days of
placement. All finish materials shall either be parged, factory fabricated or of
equivalent quality, be pre-finished or painted so that the design and construction
complements the dwelling.
(iii) Equipment used for transportation of manufactured homes shall be removed from
the dwelling and finished installed within thirty (30) days of placement.
(iv) Dwellings shall be placed on a CSA Z240.10.1 Standard foundation, an engineer
approved foundation, or a basement.
(v) The floor area of an addition shall not exceed the floor area of the dwelling.
(vi) The roof line of an addition or accessory building shall not exceed the height of the
home.
(vii) Two off-street parking shall be provided.
(viii) All attached or accessory structures such as room additions, porches, sun rooms,
garages and garden sheds shall be a factory prefabricated unit or of an equivalent
quality and shall be pre-finished or painted so that the design and construction
complements the principal building.
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(10) The following design standards shall pertain to development of a Manufactured Home
Community:
(a) Vehicular and Pedestrian Areas
(i)
All roads in a community shall be paved and meet the Municipalities Engineering
Design Standards, to the satisfaction of the MDSA.
(ii) Internal pedestrian walkways shall have a hard surface and a minimum width of 1 m
(3.3 ft) and shall be constructed to the satisfaction of the MDSA.
(iii) Visitor parking shall be:
- located in convenient areas throughout the community;
- properly signed; and
- not used for the storage of vehicles, trailers and boats.
(iv) A secondary access from a public roadway shall be provided for emergency access to
any community containing more than 70 lots or sites.
(v) All roads shall be designed, constructed and paved in accordance with specifications
approved and certified by a Professional Engineer.
(b) Recreation and Landscaping Areas
(i)
On parcels of land where reserves have been taken, a maximum of 2.5 percent of the
gross area of the parcel may be required for recreational use by the MDSA.
(ii) On parcels of land where reserves have not been taken, a maximum of 10 percent of
the gross area of the parcel may be required for recreational use by the Municipal
Development and Subdivision Authority.
(iii) All areas of a community not occupied by dwellings, buildings, roads and other
facilities shall be landscaped to the satisfaction of the MDSA.
(iv) Adequate screening shall be provided around garbage containers and storage
facilities to the satisfaction of the Municipal Development and Subdivision Authority.
(v) For the purpose of calculating recreational and open space requirements, any indoor
recreational space fully developed in a community facility, shall be counted as triple
its actual total floor area. Any common outdoor community facility such as a
swimming pool, tennis courts, shuffle boards, lawn bowling, putting greens, barbecue
patios, etc., may be counted as double its actual surface area, subject to the approval
of the MDSA.
(c) Buffering
(i)
The need for a buffer area, landscaping, screening or a perimeter fence, shall be
determined on an individual case by case basis depending upon natural conditions
found on the parcel, adjacent land uses and the proposed roads, storage facility, lots
or sites and open space locations.
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Town of Pincher Creek Land Use Bylaw
(ii) Buffer areas, if or where required by the MDSA, shall be restricted to a maximum
width of 4.5 m (15 ft) adjacent to a highway or railway and 3 m (10 ft) elsewhere. The
buffer width requirement may be reduced or eliminated by the use of berms, walls,
fences or dense landscape screening, or a combination thereof as determined by the
Municipal Development and Subdivision Authority.
(d) Signs
(i)
Only one main, freestanding identification sign of a residential character and
appearance, shall be erected at the entrance of a community unless the MDSA is of
the opinion that a further and similar sign is appropriate due to the layout, location
and size of the community, in relation to the surrounding areas.
(ii) Directional signs within the community must be integrated in design and appearance,
be kept in scale with the immediate surroundings, and constructed of durable
materials.
(iii) All signs will require a Sign Permit pursuant to the Town of Pincher Creek Sign Bylaw.
(e) Lighting - Adequate road lighting shall be designed by a Professional Engineer to the
satisfaction of the MDSA. Such lighting shall be installed and maintained to adequately
illuminate the travelled portion of the road including all intersections, the turning circle of
cul-de-sacs, any point at which an internal roadway changes direction 30 degrees or more,
and any off-street visitor parking areas.
(f)
Utilities - Municipal utilities shall be provided underground to all lots or sites.
(g) Community Service Facilities
(i)
The location and design of all community offices and related facilities are subject to
the approval of the MDSA.
(ii) All buildings must be accessible by a community.
(h) Other Provisions
(i)
Refer to Schedule 5 of this Bylaw for parking and loading standards which may affect
development in this district.
(ii) Refer to Appendix D of this bylaw for sign provisions which may affect development
in this district.
(i)
Subdivision
(i)
A parcel of land comprehensively planned for a Manufactured/Mobile Home
Community may only be considered for the subdivision of individual lot ownership
(freehold title) if it was originally designed to accommodate such and the roads and
services are provided to municipal standards, or as a bareland condominium plan that
is determined to be acceptable to the MDSA.
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SCHEDULE 6 | 29
SECTION 19
MIXED-USE / MULTI-USE BUILDINGS OR SITES
Mixed-Use
(1) A building may be occupied by a combination of one
or more of the uses listed for in the commercial,
industrial or institutional district. Each use shall be
considered as a separate use and shall obtain a
development permit. A development permit may
include a number of units within a building.
DIAGRAM 42
(2) The minimum size of a mixed-use residential dwelling unit shall be not less than 30.2 m² (325 sq
ft).
(3) Mixed-use residential dwelling units and commercial premises should not typically be permitted
on the same upper storey of a building unless a concept or floor plan has been approved by the
Development Authority, outlining such uses for the building and how they will function
compatibly together, how sound will be attenuated, and how access and egress will be
addressed between the spaces.
(4) The mixed-use residential dwelling units shall have at grade access that is separate from the
access for commercial premises. Direct access from a residential dwelling unit into commercial
premises shall not be permitted.
(5) A mixed-use residential and commercial premises/building with dwelling units on the main floor
with the commercial premises shall not exceed 40% of the GFA of the main floor of the building.
(6) A minimum of 4.0 m² (43 sq ft) of private amenity area (balcony, patio etc.) shall be provided
for each mixed-use residential dwelling unit in the building.
(7) No use or operation within a mixed-use building shall cause air contaminants, visible emissions,
particulate emissions of odorous matter or vapor, or create the emission of toxic matter beyond
the building that contains it, or is allowed at all if the individual commercial unit is mixed with
residential use.
(8)
For Mixed-use buildings containing residential and commercial use, outdoor business activity,
storage, and outdoor speakers and amplification systems are not permitted.
(9)
Shared off-street parking areas are highly encouraged to maximize opportunities for green
open space and minimize the visual impact of parked cars. This may be imposed as a condition
of development permit approval by the Development Authority.
(10) A parcel may be developed for a mixed-use involving a variety of different businesses subject
to:
(a) A comprehensive site plan being submitted and approved by the Development Authority
illustrating the location and sizes of different buildings or uses, garbage/refuse bin area,
parking, and access/egress from the site.
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Town of Pincher Creek Land Use Bylaw
(b) Each individual development or use must apply for and obtain its own development permit
from their municipality.
Clustered/Cottage Housing
(11) The MDSA may approve cluster or
cottage housing as a preplanned
residential development that features
a cluster of smaller dwelling units
built around a common open space,
on either a single parcel of land or on
a site in such manner that the units
may be individually titled through a
condominium plan, subject to the
following:
(a) The use must be listed as either
permitted or discretionary in the
Land Use District. DIAGRAM 43
(b) The minimum dwelling unit size of each unit shall be 37 m² (400 sq ft) in size.
(c) There must be a minimum of 232 m² (2,500 sq ft) of lot area provided for each individual
dwelling unit to form the combined total lot size. (Example: A lot 1394 m² (15,000 sq ft) in
size could accommodate 6 dwelling units sited on the title.)
(d) The use must be determined to be compatible with the general height, building design and
nature of adjacent existing dwellings.
(e) The types of dwellings that can be used for cluster housing developments may consist of
stick-built, Ready-to-move (RTM) or prefabricated (modular/panelized) dwellings.
(f)
The site must be able to be adequately serviced with municipal utilities to accommodate
the proposed density of development and stormwater drainage must be addressed.
(12) A conceptual design scheme or comprehensive site plan being submitted to and approved by
the Development Authority, illustrating the location and sizes of different residential dwellings,
accessory buildings or uses, garbage/refuse bin area, required parking areas, landscaping, and
access/egress from the site.
(13) Other development standards include the following:
(a) Unless otherwise required, the minimum separation distance between cottage
buildings must be 3.0 m (10 ft).
(b) When a common outdoor amenity space is located between two cottage buildings, the
minimum separation distance between those buildings is 6.0 m (20 ft).
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SCHEDULE 6 | 31
(c) Each Dwelling Unit in a cottage building must have a private amenity space that is provided
outdoors; and has a minimum area of 12 m ² (130 sq ft) of private open space at grade
with a minimum dimension of 1.5 m (5 feet) which is adjacent to and directly accessible
from each unit.
(d) For a Cluster/Cottage housing located on a laneless parcel, access from a street to vehicle
parking stalls and private garages may be provided via a single shared driveway.
SECTION 20
MULTI-UNIT DWELLING REQUIREMENTS
Separation Space and Amenity Areas
(1)
As a condition of approval for each Multi-Unit dwelling development of 5 or more Dwelling
units, the Development Officer or MDSA shall establish:
(a) the minimum distance separating the development from adjacent buildings and activities,
and
(b) the size, type, and number of outdoor amenity areas. (see section (3) for Rowhouses)
(2) Developments Containing 10 or more Dwelling Units
(a) Whenever 10 or more dwelling units are to be erected on a single lot:
(i)
all off-street parking shall be paved and surface drainage provided to the
satisfaction of the MDSA;
(ii)
adequate space for garbage and recycling containers should be provided for all units
on the property and screened from view using materials consistent with the overall
designed;
(iii)
comprehensive site and landscaping plans shall be submitted with the development
application showing proposed vegetation, screening, parking and snow storage
areas.
(b) Wherever 40 or more dwelling units are proposed for a single lot or a single condominium
style development, a minimum of 4.6 m2 (50 sq. ft.) per unit of shared, communal amenity
space shall be provided.
(c) The amenity space as required above:
(i)
may be located indoors, outdoors or both;
(ii)
shall not be located within a minimum front yard setback; and
(iii)
may be subject to screening, landscaping, fencing or other reasonable conditions
at the discretion of the MDSA having regard to compatibility of the proposed
development with the surrounding area.
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Town of Pincher Creek Land Use Bylaw
(3) Rowhouse Dwelling Standards
(a) All principal ground-oriented rowhouses or townhouses that are adjacent to a Front or
Secondary Front lot line must have a main entrance door, porch, or landing facing either
the Front or Secondary Front lot line (this regulation does not apply to ADUs detached
backyard dwellings, Cluster or Cottage Housing or other forms of multi-unit dwellings
unless specifically required by the Development Authority).
(b) If the buildings are part of an approved condominium development, the units may have
the exterior access facing a road that is not public but is a private condominium roadway.
(c) A gate must not be located across a private condominium roadway.
(d) A minimum of 12 m ² (130 sq ft) of private open space at grade with a minimum
dimension of 1.5 m (5 feet) is required for each unit and which is adjacent to and directly
accessible from each unit.
(e) Shared off-street parking areas are highly encouraged to maximize opportunities for green
open space and minimize the visual impact of parked cars. This may be imposed as a
condition of development permit approval by the Development Authority.
(f) Rowhouses shall be located on a lane in order for fee simple (freehold) subdivision to be
considered to enable rear access to internal lots. If not located on a lane to provide rear
access to the internal unit lots, then only a bareland condominium plan for subdivision
should be considered.
Lane - Preferred
DIAGRAM 44
No Lane - Discouraged
DIAGRAM 45
(4) Development Application Requirements
In addition to the development permit application requirements of the Administrative part of
this bylaw, the following application requirements also apply to all Multi-Unit density
proposals:
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SCHEDULE 6 | 33
(a) A site plan shall be provided showing the location and setbacks of all buildings and any
easements registered over the subject parcel. The plan must include a parking layout with
dimensions identifying the location and size of the proposed parking stalls with respect to
this bylaw's required parking standards and snow storage areas.
(b) An engineering storm water drainage management plan and/or lot grading plan may be
requested to be provided to the satisfaction of the Development Authority.
(c)
An engineering detail site servicing plan or servicing capacity study may be requested to
be provided to the satisfaction of the Development Authority.
(d) A comprehensive site landscaping plan showing the location, size and type of proposed
grassed or softscape areas, screening, vegetation and/or xeriscaping which may be
requested to be provided to the satisfaction of the Development Authority.
SECTION 21
MOBILE HOME PARK REGULATIONS
(1) No parcel of land within the Town of Pincher Creek shall be developed for exclusive use as a
newly established mobile home park for placement of units manufactured pre-January 1, 2006,
or as a CSA-Z240 MH Series standard.
(2) On the date this Bylaw comes into effect, existing mobile home parks within the Town of
Pincher Creek that contain units manufactured as a CSA-Z240 MH Series standard or units
constructed pre-January 1, 2006, may continue to operate.
(3) Manufactured/mobile home dwellings that meet the criteria of this Bylaw as a CSA-A277
standard; or post-January 1, 2006, or constructed to National Building Code - Alberta Edition
(2019 or later), may be sited on a single parcel of land as a lease lot in accordance with the
Manufactured/Mobile Home Community Standards (see Section 18 of this Schedule).
(4) The parcel of land for a Manufactured/Mobile Home Community must be designated to the R2
land use district wherein such use is permitted.
SECTION 22
MOVED-IN BUILDING AND DWELLING REGULATIONS
Moved-in dwelling refers to previously lived-in dwelling moved from one site to another and does
not include new Prefabricated/RTM dwellings or Manufactured/Mobile Home dwellings.
Surveillance/security suites are also a separate use (see Section 35 of this Schedule).
All developments involving a moved-in building or moved-in dwelling shall comply with the
following:
(1) The building and land upon which it is to be located shall be subject to all conditions and
regulations specified for the particular districts as set out in the land use bylaw.
(2) The building, when relocated, shall meet all provincial Safety Codes including the National
Building Code - Alberta Edition.
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(3) The standards to which the building must comply shall be established by the MDSA at the time
of approval of the application and shall form a part of the conditions of the development
permit.
(4) The building shall comply with any applicable provincial and municipal health, safety, and fire
requirements.
(5) There shall be a 21-day waiting period from the date of the issuance of an approval on an
application, except for a permitted use with no conditions.
(6) The specified date for the completion and full compliance with all stipulated requirements shall
be 12-months form the permit being issued unless otherwise established by the MDSA at the
time of the approval of the application.
(7) The Development Officer may require at the developer's expense, a building inspection report
be provided by a professional building inspector, a licensed structural engineer, registered
architect, or a Safety Codes Officer prior to the building being relocated into town.
(8) All development applications involving a moved-in building or dwelling must be accompanied
by:
(a) a recent colour photograph showing each elevation (building facade) of the structure;
(b) A descriptive narrative of the type of material and colour of siding, roofing, windows,
doors, and cladding and trim; and
(c) a site plan of the lot identifying any easements and utility right-of-ways present on the
property and illustrating the proposed location and setbacks of the building to all property
lines.
(9) Moved-in dwelling - In the case of a previously occupied moved-in dwelling, the residential
dwelling unit when complete must be:
(a) a habitable dwelling in accordance with health regulations and meet all residential
dwelling Safety Code requirements; and .
(b) be placed onto a basement or concrete slab, or if acceptable to the Development Authority
another form of permanent foundation, and the ground floor height shall conform to the
general height of developments on adjacent lots.
(10) Moved-in buildings in commercial or industrial districts are exempt from basement
requirements but the support foundation must comply with Safety Code (National Building
Code - Alberta Edition) requirements.
(11) The applicant shall obtain a final inspection by the building inspector (Safety Codes Officer) to
determine full compliance with all requirements, and a permit for occupancy shall not be issued
until all specified requirements have been completed at the expense of the applicant.
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(12) No moved-in building or dwelling shall be permitted to locate within the Town of Pincher Creek
that is in excess of 20 years old, unless the MDSA is satisfied the building structure and exterior
finish will be upgraded and completed to look new, or the building is deemed to be of similar
style, year, and condition of adjacent buildings in the area.
(a) The MDSA may impose conditions on development approvals which serve to improve the
quality of any proposed moved-in building or dwelling. Such conditions may include but
are not limited to specifying: exterior building finishes including exterior material type,
colours, roofing (pitch, colour and material), windows, doors and trim, along with
landscaping and parking areas to be provided.
(13) The MDSA may require refundable security to be provided in a form (performance bond or an
irrevocable letter of credit) and amount equal to the value of the work required as determined
by a qualified contractor, or in an amount the MDSA deems necessary, to ensure that the
conditions of development permit approval are carried out.
(14) Non-permanent or accessory moved-in buildings or structures such as garages, greenhouses,
garden sheds, or moved-in storage sheds shall be located only in rear yards and side yards if
Bylaw standards can be met.
SECTION 23
OUTDOOR STORAGE YARDS
(1) Where Outdoor Storage Yards are categorized as a use within a land use district for the express
purpose of storage being the principal use on the land and a building or other principal use may
not be present, such uses shall require a development permit.
(2) Any approved outdoor storage shall be required to be fenced to the satisfaction of the
Development Authority. Outdoor storage may be required to 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 storage of goods, materials or equipment solely for a business use may be 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 main outdoor storage areas are not to be located within any required property line
setback or on municipal property; and
(c) the storage or display areas are not located on any required and approved landscaping
area or storm water retention area; and
(d) the lot is to be properly graded to manage storm water drainage.
(4) Any shipping containers on site must be located in consideration of the shipping containers
standards and criteria of this Schedule. As a condition of development permit approval, the
Development Authority may require any of the shipping container standards to be applied.
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Town of Pincher Creek Land Use Bylaw
SECTION 24
PREFABRICATED DWELLINGS (new)
(1) Eligible prefabricated dwellings are new factory built
dwellings that have not been previously occupied and
that meet current CSA standards (CSA A-277) and
National Building Code - Alberta Edition.
(2) An application for a development permit for a new
prefabricated dwelling under shall include the
following additional information:
(a) professional building plans illustrating the
exterior design, floor plan, and elevations; DIAGRAM 46
(b) if available for new units already constructed, colour photographs of all exterior sides of
the proposed dwelling;
(c) any proposed additions, including porches, steps, decks, garages, or other similar features;
(d) the proposed foundation or footing type;
(e) any additional information required by the Development Authority to determine the
suitability of the proposed dwelling.
(3)
To ensure compatibility of housing types, the Development Authority may regulate and
impose as a condition of approval:
(a)
roof lines and pitch;
(b)
exterior finish - material type and colour, including windows, doors and trim;
(c)
foundation type and maximum elevation;
(d)
dwelling orientation;
(e)
any other matters deemed necessary to ensure compatibility with surrounding
development.
(4) The quality of the completed dwelling shall be at least equal to the quality of the other buildings
in the area.
(5) The design, character and appearance, including the roof lines and materials and exterior finish
of the dwelling shall be consistent with the purpose of the district in which the dwelling is
proposed and compatible with the surrounding buildings.
(6) All additions shall be of a design and finish which complement the dwelling.
(7) All prefabricated dwellings must be located on a permanent foundation compliant to the
Building Code, which may include a basement foundation, slab on grade, piling, concrete strip
footing, ICF, or crawl space foundation and are not permitted on pier type or wood blocks.
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SECTION 25
READY-TO-MOVE DWELLINGS (new)
Ready-to-move (RTM) 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, either inside a
facility or outside in a manufacturing yard, and then is later moved to the site. Refer to Schedule 8,
Definitions. A moved-in dwelling or building and a prefabricated dwelling are separate uses.
Eligible Ready-to-move Dwellings
(1) New stick-framed (conventional) dwelling units built off-site within the past year of application
for a permit and/or not previously occupied.
(2) The dwelling must be built to the National Building Code - Alberta Edition.
Standards
(3) Requirements and conditions for a single-detached Ready-to-Move dwelling shall generally
correspond with typical conditions for a single-detached dwelling, site built.
(4) The standards and conditions as outlined for Prefabricated Dwellings may also apply to Ready-
to-Move dwellings if required by the Development Authority.
SECTION 26
RESTAURANT / FOOD SERVICE ESTABLISHMENT
(1) For the purposes of this Bylaw, a restaurant, drive-thru restaurant, food service establishment,
bar or lounge are separate uses (refer to Schedule 8, Definitions).
(2) A new development permit will be required for a restaurant even if a building or space most
recent use is or was a restaurant:
(a) if the number of seats (intensity) expands or changes, including adding an outdoor patio
dining space; or
(b) if the floor area (building footprint) increases; or
(c) the type of restaurant use changes (e.g., restaurant to a drive-thru restaurant).
(3) A development permit application must include the restaurant Floor plans dimensioned and
drawn to scale as prepared by a professional designer, draftsmen, architect or professional
engineer as may be required.
(4) Development permits are required for outdoor patios or cafés as either as part of the original
restaurant development permit approval or if later added to an existing restaurant, where in
such instances it is categorized as an intensification of the use.
(5) For a business licence to be issued, the restaurant or food establishment must be in compliance
with the Land Use Bylaw, provincial Safety Codes (Fire and Building), Alberta Health Services
requirements and Alberta Liquor & Gaming Commission regulations if applicable.
(6) Building permits may be required for a new business or a business changing ownership, even if
there is no construction planned.
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Town of Pincher Creek Land Use Bylaw
(7) If a restaurant, food establishment, bar or lounge intends to serve alcohol on an outdoor patio,
the applicant must contact the Alberta Gaming, Liquor & Cannabis (AGLC) and obtain any AGLC
permitting required. If the patio use was not approved on an original development permit the
business shall be required to apply for a development permit for an intensification of use.
(8) All restaurant /food service establishments are required to meet the requirements of
the National Plumbing Code of Canada to prevent fat, oil, and grease from entering the
municipal Wastewater System.
(9) Parking shall be calculated and provided in accordance with Schedule 5. Special parking
provisions or exemptions may apply in the Downtown Core Overlay district area (refer to
Schedule 4).
SECTION 27
SATELLITE DISHES, CABLE, RADIO AND TELEVISION ANTENNAE
(1) Satellite dishes, cable and radio and television antennae are accessory uses which do not
require a development permit in accordance with Schedule 1 but are subject to the following:
(a) A satellite dish, radio antenna or television antenna greater than 0.9 m (3 ft.) in diameter
size shall only be located in a rear yard or side yard which does not abut on a street.
Dishes 0.9 m (3 ft.) or less in size have no yard siting restriction.
(b) A satellite dish, radio antenna or television antenna shall be situated so that no part of it is
closer than 0.9 metre (3 ft.) from the side or rear boundaries of the parcel.
(c) Where any part of a satellite dish, radio antenna or television antenna is more than
3.0 metres (10 ft.) above grade level, or when it is located other than described in
subsection (a), it shall be both screened and located to the satisfaction of the MDSA or
Development Officer.
(d) With the exception of the manufacturer or service providers name, no other advertising
shall be allowed on a satellite dish, radio antenna or television antenna.
(e) The illumination of a satellite dish, radio antenna or television antenna is prohibited.
SECTION 28
SERVICE STATIONS, GAS BARS AND BULK FUEL STATIONS
(1) Notwithstanding the District Regulations, a use pursuant to this section shall not be located on
sites which, in the opinion of the Development Authority, would be considered unsafe in terms
of vehicle circulation, and access and egress from the site. The following standards apply and
take precedence over any District standard:
(2) Site Area (Minimum)
(a) Gas Bar: 929 m2 (10,000 sq ft.)
(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.)
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(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.)
(3) Setback of Buildings and Structures
(a) The proposed location(s) and design of all fuel storage tanks is subject to the standards
outlined by the Storage Tank System (STS) division of the Alberta Safety Codes Authority
(ASCA).
(b) Above ground fuel storage tanks shall have the following minimum setbacks from any
property lines, abutting masonry building walls, drainage basins and ditches unless
otherwise required by provincial regulations:
Total Tank Capacity
Setback
-
Up to 7,500 litres 3.0 m (10 ft.)
-
7,501 to 19,000 litres 5.0 m (16.5 ft.)
-
19,001 to 38,000 litres 7.6 m (25 ft.)
-
Over 38,000 litres 10.5 m (34.5 ft.)
Tanks located on property within a Flood Hazard Area shall be flood proofed to the
satisfaction of the Development Authority.
(c) The minimum front yard requirements shall be as prescribed in the district in which the
use is located but in no case shall be less than 6.0 m (20 ft).
(d) The minimum side and rear yard setbacks shall be 6.10 m (20 ft.) or as prescribed in the
district in which the use is located which is the greater, with no intervening pumps or
accessories.
(e) Yard setbacks shall apply to all above ground structures, including gas pump canopies.
(4) Site and Building Requirements
(a) 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.
(b) A minimum of 10 percent (10%) of the site area, typically the frontage, of a gas bar and
service station under this section shall be landscaped to the satisfaction of the
Development Authority.
(c) An appropriate chain link fence not less than 0.91 m (3 ft.) high may be required around
the rear or sides of the property to catch debris and trash if deemed warranted by the
Development Authority.
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Town of Pincher Creek Land Use Bylaw
(d) The maximum building coverage for a use under this section shall be 30 percent (30%) of
the site area.
(e) The removal of tanks requires a demolition permit from the Development Authority.
(f)
A service station or gas bar:
(i)
must provide vehicle queuing, stacking, and parking in accordance with Schedule 5;
(ii)
may have an outdoor display of products related to the use, provided they are
within 4.5 m (15 ft) of the building entrance or on gas pump islands;
(iii)
must not have a canopy that exceeds 5.0 m (16 ft) in height when measured from
grade;
(iv)
any canopy lighting must be fully recessed.
SECTION 29
SHIPPING CONTAINERS
(1) Shipping (c-containers or sea containers) or storage containers shall
only be allowed where listed as a Permitted or Discretionary Use in
Schedule 3, Land Use Districts. Shipping containers are prohibited in
all other districts.
DIAGRAM 47
General Standards
(2) Permanent shipping containers are allowed to be placed in the General Industrial/Warehouse
(I1) land use district without the requirement of obtaining a development permit provided they
do not exceed 60% lot coverage of all buildings and structures combined on the lot and they
meet the required property line and yard setback requirements (see Schedule 1, Development
Not Requiring a Development Permit). In all other districts a development permit shall be
required.
(3) An application for a development permit for a proposed shipping container(s) must be
completed and submitted to the Development Officer along with the appropriate application
fee. A description of the container's dimensions (measurements) must be provided on the
application.
(4) A shipping container shall be considered an accessory use to the principal building or use and
shall be used for storage purposes only, unless converted for a different use if so authorized
through the issuance of a development permit.
(5) Shipping containers must not be located in the front yard and the placement of the
container must comply with all other aspects of this Bylaw including the minimum setback
distances for an accessory building or structure in the applicable Land Use District.
(6) The maximum number of permanent shipping containers allowed on a lot is as follows:
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(a)
In the General Industrial/Warehousing (I1) land use district there is no maximum set
number and the limitation is based on the shipping containers not exceeding a maximum
total site coverage of 60% combined with all other buildings and structures on the lot
provided all other aspects of this Bylaw are met including setbacks (see Schedule 1,
Development Not Requiring a Development Permit). If this is exceeded, a development
permit shall be required for a variance to be approved by the MDSA.
(b) A maximum of one shipping container is permitted on a lot in the C-1, C-2 and C-3
districts and for all other districts where permitted, a maximum of two containers is
allowed unless otherwise authorized at the discretion of the MDSA.
(7) Where multiple shipping containers are permitted on a lot, they shall not be stacked on top of
each other.
(8) The Development Officer or MDSA may require as a condition of approval that any shipping
container shall be painted and must match the colour(s) of the principal building or to a
colour specified by the Development Authority, or be sandblasted and/or painted to the
satisfaction of the Development Authority.
(9) The exterior of all shipping containers must be maintained and kept clean and rust free.
(10) Shipping containers shall not display business advertising, company logos, names or
other marketing without an approved sign permit unless otherwise exempted by the
Development Officer or MDSA.
(11) The Development Officer or MDSA may require as a condition of approval that any shipping
container be screened from view or screened with landscaping.
(12) The Development Officer or MDSA may require as a condition of approval the posting of a
security deposit guaranteeing compliance with the conditions of the permit.
(13) A development that proposes to convert shipping
containers to use as a building or structure for a different
purpose than storage in its original intermodal container
condition may be considered by the Development Officer
or MDSA subject to the following:
(a) the intended use is a permitted or discretionary
use in the applicable land use district in which
the development is proposed;
DIAGRAM 48
(b) the shipping container conversion will be able to meet all applicable building and Safety
Code requirements and must obtain the required Safety Code permits; and
(c) the Development Officer or MDSA is satisfied that the design, character and final
appearance of the finished building is compatible with other buildings in the vicinity
and that the design, character and appearance of the building is consistent with the
purpose of the land use district in which the building is located.
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Town of Pincher Creek Land Use Bylaw
(d) The Development Officer or MDSA may require engineering reports, structural engineers
stamped schematic drawings, and building inspection reports in consideration of
approving a development permit for a shipping container conversion.
Temporary Shipping Containers
(14) The Development Officer or MDSA may regulate the time period for which a development
permit is valid through the issuance of a temporary permit. The validity of a temporary
permit shall not exceed one year.
(15) Temporary shipping containers are subject to the following criteria:
(a) Temporary shipping containers may only be placed on a property in any land use district
where it is listed as a permitted or discretionary use.
(b) 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.
(c) The Temporary shipping container shall be removed as soon as possible, but for a period
not to exceed 21 days, upon completion of remediation work or construction or as may be
required by the Development Authority.
(d) The shipping container shall be sited entirely on the property and shall not encroach over
property lines or municipal streets, lanes or sidewalks.
(e) No advertising, other than the logo, name or information of the shipping (intermodal)
container company or business supplying the container, is permitted to be displayed on
the temporary shipping container.
(f)
The Development Officer or MDSA 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 for time period.
(16) Temporary Shipping Container Class 1 (less than 6 months/emergency) 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
Schedule 1, Development Not Requiring a Permit) subject to the following provisions:
(a) Temporary shipping containers associated with situations of fire or flood remediation do
not require 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 Development Authority.
(17) Temporary Shipping Container Class 2 (more than 6 months or non-emergency) for the
temporary storage of goods related to interior renovations or construction that are not
associated with an emergency 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:
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(a) The Development Authority Officer is authorized to issue a development permit for a
permitted or discretionary use with a maximum time period not to exceed 12 months. If
additional time is required beyond the 12 months, a development permit application
must be applied for and approved by the Municipal Development and Subdivision
Authority (MDSA). The MDSA shall stipulate the maximum time period it approves the
temporary shipping container to be placed on the property beyond 12 months.
(b) The construction site must be active (i.e., construction has commenced, is on-going, or is
about to commence within 14 days), as the placement of a temporary shipping container
on an inactive construction site is prohibited.
SECTION 30
SHORT-TERM RENTAL
Standards
(1)
Short-term Rentals are prohibited in residential districts except where they are expressly listed
as a permitted or discretionary use.
(2)
Short-term Rental Type 1 listed as a permitted use in any land use district do not require a
development permit as prescribed in Schedule 1, Development Not Requiring a Permit. All
other types of Short-term Rentals do require a development permit.
(3)
Short-term Rentals that are prohibited or are found to be operating without a valid
development permit and/or Business Licence are subject to the imposition of fines/penalties by
the municipality in accordance with the fee schedule or other applicable bylaw.
(4)
Short-term Rentals are characterized by:
(a) The advertising or management of a dwelling unit as a Short-term Rental, temporary
accommodation, tourist accommodation or vacation rental on social media, the internet
or on vacation rental websites, such as but not limited to Airbnb, VRBO, or where the
intent is for the occupant to stay for short-term visiting or vacation purposes rather than
use the property solely as a permanent residence.
(b) The use of a system of reservations, deposits, confirmations, and payments for nighty
accommodation at the residence.
(c) The active management and commercial nature of the dwelling being used as a Short-
term Rental.
(5)
The number of rental units or bedrooms in the Short-term Rental and the maximum occupancy
of the dwelling shall be stated on the application form and included as a condition of approval
in the development permit. The MDSA may limit the number of rental units and/or the
maximum occupancy of a Short-term Rental on a case-by-case basis having regard for suitability
and potential impacts to the town, street, or area neighbors and the number of bedrooms
available in the unit.
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Town of Pincher Creek Land Use Bylaw
(6)
The MDSA may limit the number of dwellings used as short-term rental units on a street or
defined area, and no more than 3% of the total number of single-detached dwellings in the R-1
land use district of the Town of Pincher Creek may be approved as a Short-term Rental Type 2,
based on a first come first served basis.
(7)
The MDSA may in its discretion, place any conditions it deems reasonable, on a development
permit approved for Short-term Rentals to manage potential impacts to neighbors or ensure
the use is operating within the regulations and standards of the bylaw.
(8)
Where approved, a Short-term Rental shall be developed and operated in accordance with the
following regulations in order to ensure that the impacts of this commercial use do not unduly
affect the amenities of the residential neighbourhood in which they are located:
(a) Short-term Rentals require a development permit except for those specially listed in
Schedule 1, Development Not Requiring a Permit. A permit may be revoked at any time if,
in the opinion of a designated officer, the operator has violated any provision of this bylaw
or the conditions of a permit.
(b) Parking shall be provided as required by the MDSA. For a Short-term Rental Type 2, a
parking layout plan must be submitted as part of the application illustrating what is
available or proposed. The plan must clearly illustrate the location and size dimensions of
the parking stall areas on the property. In the absence of the MDSA specifying parking, the
Parking Standards outlined in Table 2 of Schedule 5 shall apply.
(c) A recreational vehicle (camper trailer) shall not be used as accommodation for the
owner/operator, other residents of the property or for the Short-term Rentals guests.
(d) The exterior appearance of a dwelling approved as a Short-term Rentals shall not be
altered, renovated, or changed to make the residential dwelling significantly stand-out or
be readily recognized or identified as a commercial accommodation rental unit except
where limited signage may be approved as provided for in this bylaw.
(e) Short-term Rentals shall not interfere with the rights of other neighbours and residents
and owners and renters must adhere to the requirements of the Town of Pincher Creek
Nuisance Bylaw.
(f)
Approved Short-term Rentals must apply for and maintain a current yearly municipal
Business Licence from the municipality.
(g) The MDSA shall not approve a development permit for both a Short-term Rental Type 2
and Bed & Breakfast on the same property. A Short-term Rental Type 1 may be allowed to
operate concurrently.
(h) The MDSA may place conditions on a development permit to address or mitigate concerns
with compatibility to the neighbourhood or to ensure the standards of this bylaw are
being met.
(i)
The MDSA may refuse to approve a development permit for a Short-term Rental if they
determine there are other pre-existing Short-term Rentals established in the vicinity or
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SCHEDULE 6 | 45
neighbourhood and additional such use would negatively affect the neighbourhood, cause
traffic or parking concerns, or interfere with the residents right to peaceful enjoyment of
their property.
(9)
The owner/operator of the Short-term Rental shall:
(a) Have a valid business license and disclose their license number in all online postings and
advertisements. The business license must also be posted and visible inside the dwelling
to rental guests.
(b) Keep and maintain, or have kept and maintained by a company or individual identified in
the development permit application, a guest record/register that shall be reasonably
available for inspection by the designated officer.
(c) Provide personal contact information of the operator to the designated officer that is kept
accurate and up to date during the duration of the active operation of the dwelling as a
Short-term Rental.
(d) Provide and maintain the parking as required by the MDSA.
(e) Advertising related to the Short-term Rental shall not displayed until after a development
permit is issued. Signage shall only be displayed as allowed for in this bylaw and includes:
(i)
one window signage, no larger than 0.4 m2 (4 sq. ft.); or
(ii) up to one freestanding sign no more than 1.5 m (5 ft.) above ground or sidewalk
grade and shall not be more than 0.4 m2 (4 ft.2) in area.
(iii) For any signage associated with a Short-term Rental, it must be made of a material
that is complementary to the principal dwelling; and
(iv) not be directly illuminated in any way.
(f)
Be responsible for contacting the municipal Safety Codes officials and complying with
requirements applicable to the dwelling or dwelling unit conforming to the National
Building Code - Alberta Edition as required, particularly regarding fire safety.
(g) Be responsible for complying with Alberta Government requirements relating to the
provincial tourism levy on accommodation. The owner/operator will be required to show
verification of compliance to the designated officer or the MDSA when requested.
(h) Be required to have valid insurance coverage for the dwelling or dwelling unit being used
as a commercial rental accommodation property. The owner/operator will be required to
show verification of such when requested by the designated officer or MDSA.
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(i)
Comply with any requirements and obligations relating to the Public Health Act, Housing
Regulation as applicable.
(j)
If pets are allowed in the Short-term Rental unit, the rear yard for the property must be
entirely enclosed and fenced to keep pets contained on-site unless the MDSA otherwise
allows a specific defined portion of the yard to be fenced or enclosed for such a purpose.
On-site parking areas in the yard may be excluded from being enclosed as part of the
fencing.
SECTION 31
SMALL WIND ENERGY CONVERSION SYSTEMS (SWECS)
This section establishes standards development for small wind energy conversion systems for micro-
generation for use by individual households, agricultural operators or individual businesses or
industry.
Permit and Information Requirements
(1) A development permit is required for a SWECS and the system shall
meet the requirements of this section.
(2) Applications for SWECS shall include the following information where
applicable:
(a) all proposed SWECS shall be commercially manufactured, and
applications shall include the manufacturers make and model
number;
(b) the manufacturer's specifications indicating: DIAGRAM 49
(i)
the SWECS rated output in kilowatts;
(ii) safety features and sound characteristics;
(iii) type of material used in tower, blade, and/or rotor construction;
(iv) rotor diameter and rotor clearance;
(c) tower height;
(d) potential for electromagnetic interference;
(e) nature and function of over speed controls which are provided;
(f)
specifications on the foundations and/or anchor design, including location and anchoring
of any guy wires;
(g) information demonstrating that the system will be used primarily to reduce on-site
consumption of electricity;
(h) specifications on the foundation and/or anchor design, including the location and
anchoring of any guy wires;
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(i)
engineered plans, prepared by a professional engineer, for SWECS that are mounted or
attached to any building demonstrating that the building can structurally support the
SWECS;
(j)
a site plan acceptable to the Development Authority indicating:
(i)
the exact location of the SWECS on the parcel and all buildings and structures,
registered easements or right-of-way, driveways, abutting streets, avenues and lanes,
and any overhead utilities, dimensioned to the property lines and drawn to a
satisfactory scale;
(ii) and contours and surface drainage patterns.
Referrals
(3) Prior to making a decision on a development application for a SWECS, the Development
Authority may refer the application and consider the input of the following agencies and
departments:
(a) Alberta Utilities Commission,
(b) Transport Canada,
(c) NavCanada,
(d) Alberta Transportation and Economic Corridors (within prescribed distances to provincial
roadways),
(e) any other federal or provincial agencies or departments deemed necessary.
Setbacks
(4)
A SWECS shall comply with all the setbacks that govern the principal use in the district in
which it is located, or the setbacks stipulated in Section (5) below, whichever is greater.
Greater setbacks may be imposed in conjunction with SWECS Development Standards as
outlined below.
(5)
The system's tower shall be set back a minimum distance equal to the height of the tower
from all property lines and a minimum distance of 3.05 m (10 ft.) from any other structure on
the parcel on which the system is located. On parcels 0.4 hectares (1 acre) or more, the parcel
line setback may be reduced if the applicant demonstrates that because of topography, strict
adherence to the setback requirement would result in greater visibility of the system's tower
than a reduced setback.
(6)
No part of the wind system structure, including guy wire anchors, may extend closer than 3.05
metres (10 ft.) to the property boundaries of the installation site.
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Development Standards
Small Wind Energy Conversion Systems shall comply with the following standards, which may be
placed as conditions on a development permit approval:
(7)
There shall be a limit of one (1) SWECS per parcel.
(8)
The system's tower shall not exceed a maximum height of 12.19 m (40 ft.) on a parcel of less
than 0.40 hectare (1 acre), a maximum of 19.81 m (65 ft.) on a parcel of 0.40 hectare (1 acre)
to less than 2.02 hectares (5 acres), and maximum height of 24.38 m (80 ft.) on a parcel 2.02
hectares (5 acres) or more.
(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. Brand names or advertising
associated with the system or the system's installation shall not be visible from any public
place.
(10)
The SWECS shall not be artificially illuminated except as required by a federal or provincial
agency or department.
(11)
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.
(12)
The system's tower-climbing apparatus and blade tips shall be no closer than 4.57 m (15 ft.)
from ground level unless the system is enclosed by a 1.83 m (6 ft.) high fence.
(13)
The system's utility lines shall be underground where economically practical.
(14)
The system's maximum power shall not exceed 10 kW.
(15)
Except for on parcels designated as Transitional /Urban Reserve, the system shall be located in
the rear yard. Special considerations to relax this location standard may be made by the
Development Authority for commercial or industrial parcels, based on parcel size, specific site
planning issues, and location factors which include consideration for the type of land uses
adjacent to the proposal.
(16)
Small wind turbines shall not exceed 60 dB(A), or in excess of 6 dB(A) above the background
noise, whichever is greater. The level, however, may be exceeded during short-term events
including utility outages and severe windstorms.
(17)
Prior to the installation of a SWECS the applicant and/or landowner shall obtain:
(a)
all relevant federal and provincial permits and permissions;
(b)
an electrical permit, and if applicable, a building permit;
(c)
wire service provider approval for SWECS with a rated output of less than 10 kW that
are proposed to be connected to the grid.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 6 | 49
(18)
All components of the SWECS, including any electrical components, shall comply with the
Canadian National Standards and shall bear the appropriate certification marks.
(19)
Roof mounted SWECS shall comply with all National Building Code - Alberta Edition
requirements and the applicant and/or landowner shall be responsible for ensuring the roof
and support structure is reinforced, braced, or constructed to handle extreme wind conditions
and the weight and vibrations of the roof wind turbine unit.
(20)
As a condition on a development permit, the MDSA may require that the installation of the
roof mounted SWEC be reviewed by a structural engineer to verify mounting and structural
safety.
(21)
The SWECS system must be installed by a certified electrical contractor prior to operation.
(22)
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.
Decommissioning
(23) Where the SWECS has been inactive for more than 12 consecutive months the applicant and/or
landowner is required to decommission and remove the system at their expense. If the SWECS
is not decommissioned and removed after 12 months of inactivity, the Town may undertake
enforcement action.
(24) Prior to removal of the SWECS the applicant and/or landowner shall submit documentation to
the Development Officer demonstrating that the system has been disconnected from any
electrical utilities.
(25) All refuse associated with the decommissioning and dismantling of the SWECS shall be removed
from the property and disposed of appropriately.
(26) Upon removal of the SWECS the property shall be restored to its pre-construction condition to
the satisfaction of the Development Authority.
Meteorological (MET) Towers
(27) A development permit is required for a MET Tower and it shall meet the requirements of this
section.
(28) Towers that are not regulated through Transport Canada may be required by the Development
Authority to be marked with aviation paint (e.g., banding in orange and white or otherwise
conspicuous colour combination) and marker balls (in solid orange) installed on the top of guy
wires. This may be stipulated as a condition on a development permit approval.
(29) A MET tower not regulated through Transport Canada shall comply with the following setbacks:
(a) the tower shall be set back a minimum distance equal to the total height of the tower from
all property lines;
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 6 | 50
Town of Pincher Creek Land Use Bylaw
(b) the tower's guy wire anchors may extend no closer than 3.05 m (10 ft.) to the property
boundaries of the installation site;
(c) the tower shall comply with all required setbacks to municipal roads or provincial highways,
unless a variance has been approved by the Development Authority or Alberta
Transportation and Economic Corridors.
SECTION 32
SOLAR COLLECTOR INDIVIDUAL
Roof and Wall Mount
(1) A solar collector (individual) attached to a wall or roof of a building may be permitted in any
land use district as an accessory structure without the requirement for a development permit
(see Schedule 1, Development Not requiring A Development Permit, subject to the following:
(a) A solar collector (individual) mounted on a roof:
(i)
may project a maximum of 0.61 m (2 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.
ROOF MOUNT SOLAR ARAY
DIAGRAM 50
WALL MOUNT SOLAR ARAY
DIAGRAM 51
(b) A solar collector (individual) 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 2.44 m (8 ft.) above grade;
(iii) may project a maximum of 1.2 m (4 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 0.61 m (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.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 6 | 51
Ground Mount
(2) A ground mount (pole or free-standing) solar
collector shall be classified as an accessory use and
processed subject to the applicable land use district
(including meeting all required setbacks to roadways
and property lines) and the following additional
standards:
(a) A ground mount solar collector or a solar
collector mounted to any structure other than a
roof or wall of a building:
DIAGRAM 52
(i)
must be located such that it does not create undue glare on neighbouring property or
public roadways; and
(ii) must not exceed 4.5 m (15 ft.) in height above existing grade when oriented at
maximum tilt, in a land use district where the use is allowed; and
(iii) may be allowed up to but must not exceed 6.1 m (20 ft.) in height above existing grade
when oriented at maximum tilt, in the Transitional/Urban Reserve (TUR) land use
district.
(b) In addition to the above two standards (2)(a)(i) and (ii), a ground mount solar collector of a
building in any residential land use district must not be located in the front, secondary
front, or side yard.
(3) Individual ground mount solar collectors on a parcel that primarily produce power for an
individual property, shall apply for a development permit and are deemed to be a discretionary
use.
(4) The use of multiple ground mount solar collectors where the primary purpose and intent of the
project is to collect, convert, and feed energy back into the provincial power/electrical grid for
the commercial sale and distribution off-site to the marketplace, shall only be allowed in a
district as prescribed and shall be required to obtain a development permit and comply with the
following subsection 33 of this Schedule.
SECTION 33
SOLAR COLLECTOR FACILITIES / COMMERCIAL
(1) Development permit applications for solar collector facility commercial (utility-scale)
installations shall be accompanied by the following additional information:
(a) a site suitability analysis including but not limited to: topography; soil characteristics;
environmental features and issues; accessibility to a road; compatibility with surrounding
land uses; potential visual impacts, storm water management; and consistency with the
policies of the Municipal Development Plan and Land Use Bylaw;
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 6 | 52
Town of Pincher Creek Land Use Bylaw
(b) information regarding setbacks from municipal roads, property lines and the proximity to
structures or uses on the site and adjacent parcels of land;
(c) detailed information about the system type, number of structures, height of structures,
and the energy process and rated output, and details on the estimated reflection produced
from the solar panels;
(d) preliminary grading/drainage plan, including a site construction/grading plan with details
on proposed management practices for any soil stripping and erosion control;
(e) access to and any potential impacts to municipal roads;
(f)
the location of overhead utilities on or abutting the subject parcel and identification of any
sensitive, environmental or topographical features which may be present on the parcel;
(g) decommissioning plan and reclamation plan or agreement with the landowner, to the
satisfaction of the MDSA, to cover the decommissioning and security needed to address
the discontinuation and end-of-life of the project;
(h) feasible plans and details on methods of weed control management;
(i)
information regarding setbacks to structures or uses on the site from neighbouring
residential dwellings on adjacent parcels of land;
(j)
any information regarding general public safety and security measures; and
(k) if required by the MDSA, an Environmental Assessment Review prepared by a qualified
professional or other studies and reports to demonstrate site suitability and impact
mitigation.
(2) Applications for solar collector facilities commercial (utility-scale) installations are permitted to
be completed within 48 months of the date of issuance of the development permit.
Conditions of Approval
(3) As a condition of a development permit approval for a Solar Collection Facility/Commercial
(utility scale) development the MDSA may, in addition to any other conditions either stipulated
or as authorized in other sections of the Bylaw, impose the following specific conditions:
(a) require a condition to enter into a Development Agreement with the Town to address road
maintenance and repairs that may arise from the development;
(b) place restrictions on the location, height and type of fencing used for the site;
(c) require the application of approved weed control measures as the landowner/developer
shall be responsible for controlling invasive plant threats and weeds in accordance with the
Alberta Weed Control Act;
(d) the landowner/developer shall be responsible to ensure surface drainage and erosion
control must also adequately address and account for impacts associated with the
impervious nature of the collectors; and
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 6 | 53
(e) require the provision of financial security in an amount and type acceptable to the
municipality to ensure municipal conditions imposed on the development permit are met.
SECTION 34
SPECIALTY MANUFACTURING/COTTAGE INDUSTRY
(1) A Specialty Manufacturing/Cottage Industry development is not to exceed a gross floor area of
557 m² (6,000 sq ft).
(2) This use may involve small-scale production that operates out of buildings or mixed-use
commercial/industrial facilities as allowed in the applicable district.
(3) The use may involve a number of different combined uses in the one facility provide the
different uses are complementary and accessory to the principal use occurring (such as a
distillery also having beverage and food service along with retail sales).
(4) The maximum hours of operation may be limited and specified by the MDSA if it is deemed
warranted, which will be placed as a condition on a development permit approval.
(5) The use shall not create a nuisance by way of dust, noise, vibration, odours, or smoke, heat or
glare, and no hazardous materials may be used or stored on the premises.
(6) The MDSA may issue a temporary development permit for a defined period for a Specialty
Manufacturing/Cottage Industry operation if it deems it necessary to monitor how it may
potentially impact any neighbors or municipal infrastructure.
(7) Parking provisions will be as required by the Development Authority with consideration for
Schedule 5, Off-street Parking and Loading Requirements.
(8) The proponent of a Specialty Manufacturing/Cottage Industry development shall be required to
obtain a Business License from the Town of Pincher Creek.
SECTION 35
SURVEILLANCE/SECURITY SUITES
(1) A development permit is required for a surveillance/security suite and will only be issued if the
surveillance suite is clearly compatible with and subordinate to the principal use of the subject
parcel.
(2) Where a surveillance/security suite is attached to the building on a site by a roof, an open or
enclosed structure, floor or a foundation, it is to be considered a part of the principal building.
(3) The minimum and maximum floor area of any detached surveillance/security suite shall be
30 m2 (323 sq. ft.) and 100 m2 (1076 sq. ft.) respectively.
(4) Where a surveillance/security suite is a manufactured home or modular unit, the following shall
apply:
(a) the unit shall have a CSA certification or equivalent, proof of which shall accompany the
development permit application;
(b) the unit shall be secured and skirted to the satisfaction of the Development Authority.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 6 | 54
Town of Pincher Creek Land Use Bylaw
(5) A surveillance/security suite must be connected to municipal services.
(6) A permit may be issued on a temporary permit basis if it is associated with construction activity
or a development that will not require the security suite as a permanent feature associated with
the principal use on the site.
SECTION 36
SWIMMING POOLS / HOT TUBS (PERSONAL)
(1) Temporary personal private swimming pools and hot tubs shall be categorized as an accessory
structure.
(2) Temporary above ground swimming pools and hot tubs do not require a development permit
but must meet minimum setbacks for accessory structures and are not permitted in a front
yard.
(3) Construction of an in-ground swimming pool or pools that are attached to or enclosed by a deck
require a development permit and are subject to the following additional standards:
(a) the placement of a swimming pool is not permitted in a front yard and shall be limited to
the 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.
(4) Any private swimming pool with a design depth greater than 0.6 m (2 ft.) shall be constructed
and fenced in accordance with Safety Codes requirements. (Electrical permits are required for
wired pumps or power/electricity connection for hot tubs.)
(5) The operation of all pools and hot tubs, either temporary or permanent, are subject to the
Town of Pincher Creek Storm Drainage Bylaw.
SECTION 37
TELECOMMUNICATION, RADIOCOMMUNICATION AND BROADCAST ANTENNA
SYSTEMS (ANTENNA SYSTEMS) - refer to Schedule 7.
(1) 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.
(2)
The Antenna Telecommunication 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 Schedule 7 - Antenna Systems Siting Protocol - Telecommunication, Radiocommunication
and Broadcasting Antenna Systems and Supporting Structures (Antenna Systems).
SCHEDULE 7:
ANTENNA SYSTEMS SITING
PROTOCOL
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 7 | 1
SCHEDULE 7
ANTENNA SYSTEMS SITING PROTOCOL
Telecommunication, Radiocommunication and Broadcasting Antenna
Systems (Antenna Systems)
1.
PURPOSE
This Appendix serves as the protocol for the installation and modification of
telecommunication, radiocommunication and broadcasting antenna systems (antenna systems)
in Town of Pincher Creek. The protocol establishes the procedural standard for public
participation and consultation that applies to proponents of antennas systems and identifies
Town of Pincher Creek'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. Innovation, Science, and Economic
Development Canada recognizes the importance of considering input from local Land Use
Authorities and the public regarding the installation and modification of antenna systems and
encourages Land Use Authorities to establish a local protocol to manage the process of
identifying and conveying concerns, questions, and preferences to the proponent of an antenna
system and Innovation, Science, and Economic Development Canada.
The local protocol established in this Appendix applies to any proposal to install or modify a
telecommunication, radiocommunication or broadcast antenna system within Town of Pincher
Creek which is not excluded from the consultation requirements established by Innovation,
Science, and Economic Development Canada in Client Procedures Circular CPC-2-03 [or
subsequent/amended publications]. Proponents of excluded antenna systems are nevertheless
encouraged to contact Town of Pincher Creek to discuss the proposal and identify any potential
issues or concerns and give consideration to the development and design standards in Section 5
of this Appendix.
(1) Antenna Systems Siting Protocol Exclusion List:
Innovation, Science, and Economic Development Canada has determined that certain
antenna structures are considered to have minimal impact on the local surroundings and do
not require consultation with the local Land Use Authority or the public. Innovation,
Science, and Economic Development 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-2-0-03 are therefore excluded from the municipal Land Use Bylaw,
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 7 | 2
Town of Pincher Creek Land Use Bylaw
Appendix A, Telecommunication, Radiocommunication and Broadcast Antenna Systems and
Supporting Structures Siting Protocol, which currently include:
(a) New Antenna Systems: where the height is less than 15 metres above ground level. This
exclusion does not apply to antenna systems proposed by telecommunications carriers,
broadcasting undertakings or third party tower owners;
(b) Existing Antenna Systems: where modifications are made, antennas added or the tower
replaced*, including to facilitate sharing, provided that the total cumulative height
increase is no greater than 25% of the height of the initial antenna system
installation.** No increase in height may occur within one year of completion of the
initial construction. This exclusion does not apply to antenna systems using purpose
built antenna supporting structures with a height of less than 15 metres above ground
level operated by telecommunications carriers, broadcasting undertakings or third
party tower owners;
(c) Non-Tower Structures: antennas on buildings, water towers, lamp posts, etc. may be
excluded from consultation provided that the height above ground of the non-
tower structure, exclusive of appurtenances, is not increased by more than 25% and
(d) Temporary Antenna Systems: used for special events or emergency operations and
must be removed within three months of the start of the emergency or special event.
No consultation is required prior to performing maintenance on an existing antenna system.
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 Pincher Creek or Innovation, Science,
and Economic Development Canada for guidance.
* The exclusion for the replacement of existing antenna systems applies to replacements
that are similar to the original design and location.
** Initial antenna system installation refers to the system as it was first consulted on, or
installed.
[Note: Height is measured from the lowest ground level at the base, including the foundation,
to the tallest point of the antenna system. Depending on the particular installation, the
tallest point may be an antenna, lightning rod, aviation obstruction lighting or some
other appurtenance. Any attempt to artificially reduce the height (addition of soil,
aggregate, etc.) will not be included in the calculation or measurement of the height of
the antenna system.]
3.
MUNICIPAL REVIEW AND ISSUANCE OF CONCURRENCE OR NON-CONCURRENCE
(a) The Town of Pincher Creek MDSA shall be responsible for reviewing and issuing municipal
concurrence or non-concurrence for all antenna system proposals within Town of Pincher
Creek which are not excluded under Section 2 of this Appendix.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 7 | 3
(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 Pincher
Creek Municipal Development Plan, and consideration of comments received during the
public consultation process (section 7 of this Appendix) and any other matter deemed
relevant by the MDSA:
i.
when a proposal is given a concurrence decision, the proponent will receive a letter
of concurrence from the MDSA 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 MDSA 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 4(b), the Development Authority will issue a decision of
either concurrence or non-concurrence within 40 days of receiving a complete application
package which includes the results of the public consultation process.
(b) The 40-day processing time period may be extended by the proponent or Town of Pincher
Creek, through mutual consent.
5.
DEVELOPMENT AND DESIGN STANDARDS
Town of Pincher Creek requests that the following antenna systems' development and design
standards be adhered to:
(a) Co-utilization
Co-utilization of existing antenna systems is the preferred option within Town of Pincher
Creek and is encouraged whenever feasible. Town of Pincher Creek recognizes that while
this is the preferred option, co-utilization of existing antenna systems is not always
possible.
(b) Public Roadway Setbacks
An antenna system (including any guy wires or similar support mechanisms) proposed
within the town should be placed no closer than 7.62 m (25 ft.) from the property line
abutting the public road. A lesser setback may be considered at the discretion of the
Development Authority on a site-specific basis.
(c) Locational Criteria
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 7 | 4
Town of Pincher Creek Land Use Bylaw
i.
Antenna systems should maintain an adequate setback from coulees and steep
slopes, consistent with the Slope and Escarpment setback requirements in Schedule
5.
ii.
Proponents should consult the Town of Pincher Creek Municipal Development Plan,
to determine whether the proposed location of the antenna system is within an
environmentally significant area. If the proposed site of the antenna systems is
located within an identified environmentally significant area, the proponent should
submit documentation to the Development Authority demonstrating site suitability.
(d) Lighting and Signage
i.
It is the preference of Town of Pincher Creek that all antenna systems be lighted and
marked as follows to help minimize aeronautical hazard:
a.
the antenna should be marked with alternating bands of aviation orange and
white paint or other approved Transport Canada colour combinations;
b.
the top of the antenna should be lit with a flashing strobe light or other
Transport Canada approved lighting;
c.
the antenna guy wires (or other similar support cables, lines, wires) should be
marked with aviation balls or other Transport Canada approved markers.
ii.
Proponents for antenna structures which are visible from higher density residential
areas may be requested to employ innovative design measures to mitigate the visual
impact of these structures. The proponent shall provide stealth structure options
when requested by the municipality. Stealth structure options will be based on an
evaluation of the massing, form, colour, material, and other decorative elements,
that will blend the appearance of the facility into and with the surrounding lands.
iii.
The placement of signage on antenna systems is not permitted, except where
required by applicable federal agencies.
6.
APPLICATION SUBMITTAL REQUIREMENTS
(a) Proponents are encouraged to contact Town of Pincher Creek 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 Town of Pincher Creek for
consideration of a proposed antenna system:
i.
a completed Telecommunication Antenna Siting Protocol application, including site
plan;
ii.
the prescribed fee - see Appendix B;
iii.
a description of the type and height of the proposed antenna system and any guy
wires or other similar support mechanisms (e.g. support cables, lines, wires, bracing);
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 7 | 5
iv.
the proposed lighting and aeronautical identification markings for the antenna and
any supporting structures;
v.
documentation regarding potential co-utilization of existing towers within 800 metres
(0.5 miles) of the subject proposal; and
vi.
any other additional information or material the Development Authority determines
to be necessary and appropriate to properly evaluate the proposed submission.
(c) Proposals for freestanding telecommunication antennas shall not be required to obtain a
development permit unless buildings or structures are also proposed in addition to the
antenna system and supporting structures. For such proposals, the following shall be
submitted in addition to the requirements of 6(b):
i.
a completed development permit application;
ii.
the prescribed fee - see Appendix B.
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 MDSA, 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 accordance with Administration Section
of the Land Use Bylaw; and
iv.
notify by mail persons likely to be affected by the proposal of the development
hearing date, including:
a.
landowners within 500 m 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 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.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 7 | 6
Town of Pincher Creek Land Use Bylaw
ANTENNA/TELECOMMUNICATION
SITING PROTOCOL
APPLICATION and CHECKLIST
For Office
Use Only:
Date application
received:
Date deemed
complete:
Land Use District
(zoning):
Development permit
application also required:
Yes No
Application No:
PART 1 - Applicant Information
Name of Applicant
(please print):
Phone (primary):
Mailing Address:
Phone (alternate):
Email:
Postal Code:
Check this box if you would like to
receive documents through email.
As applicant, are you the owner of the property?
Yes
No
Name of Owner:
Phone (primary):
Phone (alternate):
Mailing Address:
Applicant's interest in the property:
Agent
Antenna proponent/developer
Contractor
Tenant
Other _____________________________
Postal Code:
PART 2 - Property Information
Municipal Address:
Legal Description:
All/Part ________ ¼ Section ________Twp ________ Range ________
W4M
Lot(s)
Block
Plan
IF "NO" please complete box below
Town of Pincher Creek Land Use Bylaw No. 1639-25
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SCHEDULE 7 | 7
Parcel size/area:
What is the existing
use on the parcel?
Part 3 - DETAILS OF the PROPOSED DEVELOPMENT
What currently exists on the parcel? (i.e. buildings, structures, improvements) _______________________
_____________________________________________________________________________________________________
What will the antenna / tower be used for?
_____________________________________________________________________________________________________
Are there any roads or approaches on the parcel? (THIS DOES NOT INCLUDE OIL/GAS FACILITY ACCESSES)
_____________________________________________________________________________________________________
Are there any other antenna towers located within 500 metres of the subject proposal? (If yes, describe
what the tower is used for and who the operator is along with providing a map identifying the location.)
_____________________________________________________________________________________________________
Is Co-utilization with existing antenna systems proposed?
_____________________________________________________________________________________________________
Describe the proposed finish/colour and if lighting or any markings are proposed for the antenna.
_____________________________________________________________________________________________________
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)
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 7 | 8
Town of Pincher Creek Land Use Bylaw
Please note that all information that you provide will be treated as public information in the course of the
municipality's consideration of the development application pursuant to the MGA RSA 2000 Chapter M-
26 and the Land Use Bylaw. By providing this information, you are deemed to consent to its public
release. Information you provide will only be used for purposes related to the evaluation and
consideration of the development application. Questions about information can be directed to the FOIP
Coordinator, 403-627-3156.
I, hereby consent to the public release and disclosure of all information contained within the application
and supporting documentation as part of the approval process.
Applicant's Signature: _______________________________ Date Signed: _____________________
Antenna/Telecommunication Siting Protocol Checklist
A COMPLETED APPLICATION REQUIRES:
1. A completed 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.
5. Any additional information requested by the Development Authority.
6. For any proposal which includes uses, buildings or structures in addition to the antenna system,
is required to obtain a development permit approval for such uses, buildings and structures in
accordance with the provisions of the land use bylaw. A separate development permit
application must be filled out and submitted.
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 and any required public hearing held, the Town of
Pincher Creek will either:
o Issue a municipal concurrence letter to the applicant, or
o Issue a letter of non-concurrence which outlines the municipality's concerns and/or
conditions to the applicant and Industry Canada
- Safety code permits may be required for construction of buildings/tower foundations, plumbing,
private sewage systems, and gas or electrical installations (as may be applicable to individual
installations).
FEES: Application fees will be determined by the Town of Pincher Creek Development Authority at the
time of application.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 7 | 9
Antenna/Telecommunication Siting Protocol 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 (CO-LOCATION)
Are there any other such structures within a radius of 0.5 miles (800
m) 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.
CO-UTILIZATION (CO-LOCATION) in MD of Pincher Creek
Are there any other such structures within a radius of 1 mile (1.61
Km) of the proposed location that are within the MD of Pincher
Creek?
If YES, please provide a site plan showing the locations 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
Will this structure be visible from residential areas?
If YES, stealth structure options may be required and a
description of the stealth structure options must be submitted
to the satisfaction of the Town of Pincher Creek when
requested.
LIGHTING & SIGNAGE
Is there additional lighting planned in addition to what is required by
federal agencies? Please provide a description of all lighting,
required and not required.
Will signage be used? If yes, please describe. (Note: No advertising
signage shall be permitted.)
Will the antenna contain any markings? If yes, please describe.
NOTIFICATION & PUBLIC CONSULTATION PROCESS
Landowners within 500 m from the proposed structure must be
notified. Please provide a letter that the Town can circulate on your
behalf.
Was an open house completed (by the applicant) prior to any
application submitted? Are the minutes/submissions from the open
house provided?
Payment of fees.
SCHEDULE 8:
DEFINITIONS
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 8 | 1
SCHEDULE 8
DEFINITIONS
In this bylaw, words used in the singular include the plural,
and words using the masculine gender include the feminine gender.
A
Abattoir means an industrial processing facility or premises where livestock is slaughtered and the meat is
cut, cured, smoked, aged, wrapped or frozen for distribution in accordance with all provincial and federal
food and safety regulations.
Accessory Building means an ancillary building which is on the same parcel of property as a principal building
and the use of which is secondary and incidental to the use of the principal building. Typical examples include
a residential detached garage, storage or garden shed, greenhouse, arbour, workshop, playhouse or
detached carport. Shipping containers are not an accessory building and are considered their own use.
Accessory Structure means an ancillary structure which is on the same parcel of property as a principal
building and the use of which is incidental and subordinate to the principal building or use and which shall
not precede the development of the principal building or use on the premises. Typical examples of accessory
structures include uncovered decks, gazebos, pergolas, garbage enclosures, play equipment, picnic pavilions,
flagpoles, satellite dishes and similar structures. Signs and shipping containers are not an accessory structure
and are considered their own use. A fence is a type of accessory structure but has its own definition within
this Bylaw.
Accessory Use means a use of a building, structure, land or lot which is incidental and subordinate to the
principal use or building and is located on the same lot as such principal use or building. This may include
another use allowed for in the land use district if it is determined by the Development Authority to be
secondary or subordinate to the principal use or building on the property. A principal use must be legally
established or approved before an accessory use can be approved. Signs and shipping containers are not an
accessory use and are considered their own use.
Accessory Dwelling Unit (ADU) - see "Dwelling (Types)"
Addition means adding onto or any construction that increases
the size of a building or structure in terms of site coverage,
height, length, width, foundation, or gross floor area (footprint
or square footage) and typically 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 National Building Code - Alberta Edition.
Additions to existing buildings are classified based on the
proposed use of the addition and/or existing use of the
building as applicable, and subject to the relevant standards of
this Bylaw. Any attached covered structure added to a
dwelling, such as an attached garage, attached carport,
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 8 | 2
Town of Pincher Creek Land Use Bylaw
covered deck or porch, covered entryway, sunroom, etc, are typical residential examples.
Adjacent means land that abuts or is contiguous to a site or lot and land that would abut if not for a
registered road, lane, walkway, watercourse, utility lot, pipeline right-of-way, power line, railway, or similar
feature.
Alter or Alteration means any structural change to a building that results in an increase or decrease in the
area or the volume of the building; any change in the area frontage, depth, or width of a lot that affects the
required yard, landscaped open space, or parking requirements of this bylaw; structural change to a sign; and
to discontinue or change the principal use of the site or building with a use defined as being distinct from the
discontinued use.
Amenity Area means an area or areas within the boundaries of a project intended for recreational purposes.
These may include landscaped areas, patios, balconies, swimming pools and similar uses.
Amusement Facility means a building for the purpose of furnishing commercial entertainment or amusement
to the public for a fee. Such uses include, but are not limited to, bingo halls, casinos, card rooms, gaming
entertainment centres, video lottery terminal lounges, theatres, pool halls, etc.
Animal Care Service means development used for the care, treatment, boarding, or training of animals
within or outside buildings and includes the supplementary sale of associated products. This use includes,
animal shelters, animal humane societies, doggie daycare, dog training facilities, kennels, boarding facilities
for impounding and quarantining animals and related research facilities. This definition does not include
Animal Care Service, Minor and Veterinary Clinics or hospitals which are separate uses.
Animal Care Service, Minor means development for the on-site treatment or grooming of small animals for
human companionship such as household pets, where on-site overnight accommodation is not normally
provided and where all care, grooming, and confinement facilities are enclosed within a building. Examples
include dog or pet grooming salons. This definition does not include Animal Care Service and Veterinary
Clinics or hospitals which are separate uses.
Antenna System(s) means telecommunication, radiocommunication or broadcasting antenna and the mast,
tower or other antenna supporting structure (such as, but not limited to, a building, streetlight, spire, or
utility pole) to which the antenna is attached and includes any guy wires or other similar mechanisms used
to support the antenna systems (e.g. support lines, cables, wires or braces).
Antenna, Telecommunication, Radiocommunication or Broadcasting means a device regulated pursuant to
the Radiocommunication Act requiring approval by the federal government, which is used to receive and/or
transmit radio-frequency signals, microwave signals or other communications energy transmitted from or to
be received.
Apartment - - see "Dwelling (Types)"
Applicant means the registered owner of the land or their representative or agent certified as such applying
for a development permit, subdivision, or other similar municipal approval.
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 Development and Subdivision Authority.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 8 | 3
Apron means a horizontal surface that extends from the base of a building, such as
a rear garage, to a lane or street. It is typically comprised of a private approach or
area of access connectivity to a rear garage from a lane access point with the
length being less than that of a standard driveway length, and it is not able to
accommodate a vehicle for parking in the space.
Arbour means an accessory structure that is a framework that supports climbing
plants.
Area Redevelopment Plan means a statutory plan in accordance with the MGA
and the municipal development plan for the purpose of all or any of the following:
(a) preserving or improving land and buildings in the area;
(b) rehabilitating buildings in the area;
(c) removing buildings from the area;
(d) constructing or replacing buildings in the area;
(e) establishing, improving or relocating public roadways, public utilities or other services in the area;
(f) any other development in the area.
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 or parcel(s)
of land in the municipality. The area structure plan will typically address land use, future density, lot layouts,
road networks, servicing, utility corridors, municipal reserve lands, storm water management, subdivision
phasing, amongst other matters.
Assisted Living Facility means a licensed facility that provides a combination of housing and supportive care
services including personalized assistance and health care for individuals who need help with activities of
daily living. This facility may have a central or private kitchen, dining, recreational, and other facilities, with
separate bedrooms or living quarters, where the emphasis of the facility remains residential. This includes
both private and publicly funded facilities.
As required by the Development Officer or Municipal Development and Subdivision Authority means that a
standard or requirement of the land use bylaw is to be provided and may be varied or be as determined by
the Development Officer or MDSA but not completely waived.
Attached, Unenclosed Improvements means any accessory structure
attached to a principal building that may or may not have a roof but are
not enclosed on all sides of the structure. Such improvements may
include but are not limited to decks, sundecks, verandas, porches,
carports, balconies and breezeways. Any enclosed improvement shall
be considered to be part of the principal building or accessory building
it is attached to and shall be subject to the prescribed setback
requirements in the respective land use district.
Auction House means a use of land or buildings for the auctioning, sale, and related temporary storage of
household effects, antiques, collectibles, goods and equipment, excluding livestock.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 8 | 4
Town of Pincher Creek Land Use Bylaw
Auction Market means a use of land or buildings for the auctioning, sale, and related temporary storage or
confinement of livestock but may also involve large non-livestock items, including but not limited to vehicles,
recreation vehicles, and equipment.
Auto Body and Paint Shop means a premise where the frame and 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 Detailing means a business or premise involved in the process of cleaning and restoring a vehicle's
interior and exterior achieved by removing visible and invisible contaminants from the vehicle's interior and
polishing the exterior to its original blemish-free finish. The detailing process may involve washing, cleaning,
vacuuming, waxing, polishing, shampooing, applying finishes, repairing, and rustproofing the vehicle.
Automotive Sales, Rentals and Service means a development typically consisting of a commercial building
and outdoor display lot within which motor vehicles and parts are displayed for sale and may include a new
or used automobile sales or rental lot, and may also include auto repairs and auto detailing, except for auto
body work and painting.
B
Bakery means a facility where baked food products (i.e. bread, buns, pastries,
cookies, pastries) are prepared, sold and/or distributed. This definition does
not include Cannabis Retail Sales.
Balcony means a horizontal platform or extension of an adjacent floor
attached to a building exterior above the first storey with walls, bars or
railings around it and which is not a roof, roof terrace, plaza, porch or deck.
Bank - see "Financial Institution".
Bar/Lounge means an establishment or part of an establishment licensed by the ALGC primarily for the sale
or dispensing of alcoholic beverages and in which the service of food is only incidental to the consumption of
such beverages.
Basement means any lower storey of a building of which the ceiling level is less than 6 feet (1.8 m) above the
average finished surface level of the surrounding ground.
Bed and Breakfast means a use accessory to a single-detached dwelling which involves a home based
development or business in a private owner-occupied dwelling and where rooms are rented for short
duration accommodation, generally not exceeding 14 days, and a breakfast meal is provided for registered
guests with the owner being present on the premises. This use does not include Home Occupations, Short-
term Rentals, Boarding House, Motels, or Hotels which are separately defined uses.
Berm means an earthen dyke-like form used to separate incompatible areas or functions or constructed to
protect the site or district from vehicular road or other noise.
Boarding House means a building (other than a Hotel, Motel, Bed and Breakfast or a Short-term Rental)
containing not more than 15 sleeping rooms where meals or lodging for five or more persons are provided
for compensation pursuant to previous arrangements or agreements.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 8 | 5
Bowling Alley - see "Entertainment Establishment".
Brewery/Distillery means a development categorized as a Specialty Manufacturing/Cottage Industry where beer,
wine, spirits, and other alcoholic beverages are commercially distilled and manufactured and may have areas or
facilities for the storage, packaging, bottling, canning, and shipping of the products. The retail sale and
consumption of products on the premise is not permitted. - see "Specialty Manufacturing/Cottage Industry".
Buffer means a row of trees, hedges, shrubs or berm planted or constructed to provide visual and/or sound
screening and separation between uses, buildings, sites or districts.
Buildable Area means that portion of a lot or parcel which remains after all setbacks, minimum yard
dimensions and separation distances have been deducted upon which the building or structures may be
erected or built on.
Building has the same meaning as it has in the MGA.
Building Height means the vertical distance between average grade of a lot 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 a Safety Codes Officer and the person or persons appointed by the municipality to
be the chief building inspector in and for the Town of Pincher Creek.
Building Permit means a certificate or document issued by the Safety Codes Officer pursuant to provincial
legislation authorizing commencement of construction.
Bulk Fuel Storage and Sales means a facility for the purpose of storing fuel for distribution to customers or
vendors and may include an accessory component of gas pumps to enable direct fuel sales to clients or a card
lock operation.
Bus Depot means a building designed to accommodate the scheduled arrival and departure of bus
passengers or cargo.
Business Support Service means a development which provides administrative and support services to
businesses. This use includes duplicating, photocopying and blueprinting services, building security services,
cleaning or maintenance services, engineering, architectural, drafting, project design or management
services, sign making, farm consultant services and the preparation and delivery of food by a mobile catering
service, and such other uses which are similar to any of these uses.
Bylaw means the Land Use Bylaw of the Town of Pincher Creek.
C
Campground means a use of land or buildings intended for the temporary and seasonal occupancy by holiday
or tent trailers, recreation vehicles, tents and similar equipment or vehicles. This use may include
supplementary bathroom and recreational facilities, eating shelters, convenience retail, laundry facilities and
may be located on municipal owned land or privately titled land.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 8 | 6
Town of Pincher Creek Land Use Bylaw
Campground - Commercial/Private means:
(a) a use of land or buildings for financial gain where the public is admitted only on payment of a fee, or
where admission may include members of a club, organization or association; and
(b) a use of land or buildings intended for the temporary and seasonal occupancy by holiday or tent
trailers, recreation vehicles, tents and similar equipment. This use may include supplementary
bathroom and recreational facilities, eating shelters, convenience retail, laundry facilities and dwelling
accommodation for the owner/operator as part of the use or, as accessory uses.
Cannabis means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis plant seeds and
any other substance defined as cannabis in the Cannabis Act (Canada) and its regulations, as amended from
time to time and includes edible products that contain cannabis.
Cannabis Facility means a use where cannabis is grown, processed, packaged, tested, stored, or destroyed
for medical or recreational purposes and where a license for all activities associated with cannabis growing,
processing, packaging, testing, storage and/or destruction has been issued by Health Canada and must
include odour mitigation measures to the satisfaction of the Municipal Subdivision and Development
Authority. A cannabis facility may include cannabis retail sales as an ancillary use. This definition does not
apply to a registered person as defined in the Access to Cannabis for Medical Purposes Regulations Act and
regulation as amended from time to time.
Cannabis Retail Sales means a retail store licensed by the Province of Alberta where cannabis and cannabis
accessories are sold to individuals who attend at the premises and for which any sales are expressly
authorized by the Alberta Gaming Liquor and Cannabis (AGLC). This use shall be a standalone use and not in
conjunction with any other use.
Car Wash means any building or premises, or portion thereof, designed for the cleansing, washing, and
vacuuming of automobiles or recreational vehicles and are generally smaller in size than a truck wash. - see
"Truck Wash".
Carport means a partially enclosed structure on one or two sides that is
covered or has a roof, and which is intended for the shelter of one or more
motor vehicles. It is typically attached to one side of the dwelling or building
but may also be unattached.
Cemetery means a landscaped open space for the entombment of the deceased, and may include
crematoria, cineraria, columbaria, mausoleums, memorial parks, burial grounds, gardens of remembrance,
and maintenance facilities.
Cenotaph means a structure or monument erected at an area designed for public assembly and reflection to
honour individuals who lost their lives in wartime periods and whose bodies are buried elsewhere.
Certificate of Compliance means a document signed by the Designated Officer certifying that a development
on a parcel either complies or does not comply with this bylaw with respect to the use of land and yard
requirements (setbacks) and insofar as represented on an Alberta Land Surveyor's Real Property Report.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 8 | 7
Childcare Facility means a development for the provision of care, maintenance, and supervision of seven or
more children, by persons unrelated to the children by blood or marriage, for periods not exceeding 24
consecutive hours and includes all day-care centres, nurseries, and after-school or baby-sitting programs
which meet the conditions of this definition or are required to be licensed by the Provincial Government. This
use does not include a Day Home which is a separate use.
Church means a facility or building for the purpose of religious assembly and worship and may include a hall
or gathering space and as accessory uses social, recreational and community activities such as group
meetings, cultural events, banquets, and child care services. - see "Place of Worship"
Clear Vision Triangle means a triangular area formed on the corner
site to an intersection by the two street property lines and a straight
line, which intersects then 6.1 m (20 ft.) from the corner where the
property lines meet to enable corner lot visibility.
Clearance means the shortest vertical distance between the underside
of a sign and grade, or the amount of clear space between an object or
feature on a building and grade.
Club and Fraternal Organization means a development for the assembly of members of non-profit clubs or
service clubs and organizations, including charitable, social service, ethnic, religious, athletic, business or
fraternal organizations. This use may include eating, drinking, entertainment, sports, recreation and
amusement facilities as part of the use, or as accessory uses.
Cluster or Cottage Housing means a type of comprehensively
preplanned multi-use residential development that features a cluster of
smaller detached dwelling units - often between four and twelve - built
around a common courtyard or open space, on either a single parcel of
land or on a site in such manner that the units may be individually titled
through a condominium plan. This use may also include a group of
smaller multi-unit dwellings, such as two, three or four unit dwellings
clustered together one a parcel with shared open or amenity space.
Typically, each dwelling or cottage is between 400 to 1,000 square feet
in size. This may include Bungalow Court development where several small homes surround a central
garden.
Coffee Shop means a small restaurant or Food Establishment which is independent or may be attached to a
hotel or retail use where light refreshments/beverages such as coffee or specialty coffees, tea, juices,
smoothies and baked goods or regular light meals may be served on the premises.
Commercial/Private Recreation means the recreational use of land or a building for commercial purposes or
financial gain where the public is admitted only on the payment of a fee or where admission is limited to
members or a club, organization or association. Examples include go-cart tracks, riding stables or academies,
archery lanes, bowling alleys, curling clubs, indoor sports fields, martial art centres, golf courses, golf driving
ranges and such other facilities as the Development Authority considers similar in character and nature to
any one or all of these uses. Commercial/private recreation uses may include dining or eating facilities, retail
commercial uses and dwelling or sleeping units, provided that such facilities are accessory uses and clearly
incidental to the principal recreational use of land and buildings.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 8 | 8
Town of Pincher Creek Land Use Bylaw
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, typically operated by a club, organization or
some level of government.
Compatible Use means a development which, in the opinion of the Development Authority, is capable of
existing together with or nearby another development(s) or is deemed complimentary to adjacent uses,
without discord or disharmony or negatively affecting the adjacent use.
Comprehensive Development means planned residential or mixed-use development having a high standard
of design, a variety of accommodation and compatible land uses, and adequate amenity provisions.
Concrete Batch Plant means an industrial facility for the mixing, processing, manufacturing of cement and
aggregate to produce concrete, and the accessory manufacturing, recycling and sales of products made from
concrete.
Condominium means a building, land or structure where there exists a type of title 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 Camp means a temporary development or use of land consisting of buildings, works, plants or
machinery that are needed to construct a development where:
(a) the camp contains one or more dwelling or sleeping units for the accommodation of the residents of
the camp; or
(b) the camp is of sufficient size and scale, in the opinion of the Designated Officer or the Municipal
Development and Subdivision Authority, to warrant review and consideration by either of them.
Construction Trade Shop means a facility for the provision of electrical, plumbing, heating, painting, mill
work, cabinet maker, machinist, 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 operates out of a building or office and who contracts on
predetermined terms to provide labour and materials to jobs that occur off the business's premises and to be
responsible for the performance of a construction job in accordance with established specifications or plans.
Convenience Store means a retail outlet for the commercial sale of a limited line of convenience items, such
as prepackaged food products, drinks, household items, newspapers, magazines, lottery ticket sales,
sandwiches, and other freshly prepared foods for off-site consumptionselling goods and foodstuffs to area
residents on a day-to-day basis from business premises which do not exceed 300 m2 (3,229 sq. ft.) in gross
floor area. This definition does not include Cannabis Retail Sales.
Convention Facility means a permanent facility for meetings, seminars and conventions and may often
operate as part of a hotel development. Eating establishments and drinking establishments may be
incorporated into the facility as accessory uses.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 8 | 9
Cottage Housing - see "Cluster or Cottage Housing."
Council means the Council of the Town of Pincher Creek in the Province of Alberta.
Cultural Establishment means a development that is available to the public for the purpose of assembly,
instruction, cultural or community activity and includes such uses as a church, a library, a museum and an art
gallery.
D
Day Home means a development within a private residence where care and supervision are provided for a
maximum of six children clients between the ages of 0-12 years, by persons unrelated to the children by
blood or marriage, including children under the age of 12 who reside in the home, for periods not exceeding
24 consecutive hours. This use does not include a Childcare Facility.
Density means a measure of intensity and when used in reference to residential use refers to 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.
Designated Officer means a person, or persons appointed to a position of designated officer established under
the authority of section 210(1) of the MGA. In addition to any other person or persons appointed to the position
of designated officer, the position of Development Officer is an authorized Designated Officer for the municipality
as established under the municipality's Development Authority Bylaw and for the purposes as set out and
authorized in the Development Authority Bylaw and this Bylaw.
Developable Area means the buildable area of land within a lot or parcel of land that can be developed or
constructed upon once the setback requirements for the applicable land use district and site specific
limitations such as steep slopes, floodplains, and other land that could not be otherwise developed are
deducted from the area of the lot.
Developer means an owner of land or a person authorized by an owner in accordance with the Statutes of
the Province of Alberta who wishes to alter the title to the property, change the use of the property from its
existing use, or to develop the land and erect, build, demolish, intensify, or construct upon the land.
Development has the same meaning as it has in the MGA. Development includes:
(a) an excavation or stockpile and the creation of either of them;
(b) a building or an addition to or replacement or repair of a building and the construction or placing of
any of them in, on, over or under land;
(c) a change of use of land or a building or an act done in relation to land or a building that results in or is
likely to result in a change in the use of the land or building; or
(d) a change in the intensity of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the intensity of use of the land or building.
Development Area means the area to be occupied by a building plus the reasonable area required for
excavation and construction.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 8 | 10
Town of Pincher Creek Land Use Bylaw
Development Agreement means a contractual agreement completed between the municipality and an
applicant/developer for a subdivision or development permit which specifies the municipal public roadways,
sidewalks, utilities, storm water management systems, municipal reserve land, offsite improvements, and
other services to be provided to the standards of the municipality by the developer or permit holder as a
condition of development approval or as a condition of subdivision approval, with the agreement being
executed in accordance with sections 648, 650, 651, and 655 of the MGA, as amended.
Development Authority means the Municipal Development and Subdivision Authority, except in such
instances whereby the Designated Officer may be the Development Authority, in accordance with this Bylaw
and the Development Authority Bylaw.
Development Officer means the person or persons appointed to the office of Development Officer, pursuant
to the Administrative Part 1 of this Bylaw and authorized to administer the provisions of this Bylaw and act as
a Development Authority and Designated Officer in accordance with this Bylaw and the municipality's
Development Authority Bylaw.
Development Permit means a document issued pursuant to this bylaw legally authorizing a development.
Discretionary Use means the one or more uses of land or buildings that may or may not be allowed and that
are described in Schedule 3 as discretionary uses.
District (Land Use Designation) means a land use district established under Schedule 2 of this bylaw and is a
defined area of the municipality as set out in Schedule 3: Land Use Districts and Regulations and indicated on the
Land Use Bylaw districts maps. Also commonly called zoning or zoning district.
Dog Kennel - see "Kennel".
Drive-in Restaurant - see "Restaurant, Drive-in"
Drive-thru/Drive-in Service means a term associated with a development which is designed so that
customers can stay in their vehicles while accessing the services provided. This use includes drive-in and
drive-thru restaurants, banks, car washes, Drive-in Theaters and other similar examples.
Dry Cleaners means an establishment which specializes in the commercial cleansing of clothes or fabrics with
substantially non-aqueous organic solvents to which special detergents or soaps are often added.
Duplex - see "Dwelling, Duplex"
Dwelling means a self-contained premises or building designed for human habitation which includes
provisions for cooking, sleeping and sanitary facilities, and is or has been constructed in compliance with all
provincial building codes.
DWELLING (TYPES)
Accessory Dwelling Unit (ADU) means a smaller, self-contained dwelling unit that supplements the
primary residential unit on a single property. An Accessory Dwelling Unit may also be commonly
referred to as a Secondary Suite.
Accessory Dwelling Unit Attached means a dwelling unit that is part of or contained within the
primary dwelling structure. These may include a basement suite, loft suite, dwelling addition, or
above garage suite.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 8 | 11
Accessory Dwelling Unit Detached means a dwelling unit which is located in the rear yard of the
same parcel upon which an existing principal dwelling unit is located. This may be a garden suite
or in conjunction with a detached garage to include a garage conversion or loft suite.
Apartment 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.
Duplex means a building constructed on the lot intended for
occupancy containing two dwelling units with separate exterior
access to each unit, connected by a common floor or ceiling, but not legally subdivided by a property
line.
Fourplex dwelling means a form of multi-unit 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.
Manufactured/Mobile Home means a new or used residential building containing one dwelling unit
built in a factory and designed to be transported in one or more sections to a suitable site. The home is
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Town of Pincher Creek Land Use Bylaw
typically transported to a site on its own chassis and wheel system or on a flatbed truck and must be
able to meet all applicable provincial building codes once completed. New manufactured homes shall
be constructed to the CSA-A277 standard or current Canadian Standards Association (CSA) certified
units and the National Building Code - Alberta Edition, while a used may be a CSA-Z240 MH Series label
model or pre CSA-A277 standard (commonly or have previously been referred to as "Mobile homes").
The homes are typically placed on foundation supports, skirted, installed to CSA Z240.10.1 standards,
and connected to utilities.
Manufactured/Mobile Home - Double-wide means a manufactured/mobile home (as defined)
consisting of two sections, moved separately, that are joined together into one integrated dwelling
unit on site that is permanently fixed to two chassis, or is permanently fixed to one chassis and has a
section which can be expanded or telescoped from the mobile home for additional floor area. Double-
wide mobile homes are typically not less than 6 m (20 ft) in width.
Manufactured/Mobile Home - Single-wide means a manufactured/mobile home designed to stand
alone as a single dwelling unit, is permanently fixed to a single chassis, and is not intended to be
expanded, telescoped or twinned for additional floorspace. Single-wide mobile homes are typically not
more than 5.45 m (18 ft) in width with 4.23 to 4.88 m (14-16 ft) being most common.
Moved-in means a previously used and occupied conventional site-built dwelling unit, which is
physically removed from one site, transported and re-established on another site for use as a residence
in compliance with the current National Building Code - Alberta Edition, but does not include modular
dwellings, manufactured/mobile homes, or ready-to-move dwellings.
Multi-unit dwelling means a building other than a townhouse/row dwelling containing three or more
separate dwelling units, and may comprise a dwelling type of an apartment building, four-plex or
rowhouse and with upper and lower units.
Prefabricated means a new factory built dwelling that has not been previously occupied and that
meets current CSA standards (CSA A-277 or newer) and National Building Code - Alberta Edition. The
dwelling is then transported as one or multiple units, delivered to the client's lot, and installed on a
basement or foundation.
Ready-to-Move (RTM) means a new dwelling unit not previously occupied that is site-built to the
National Building Code - Alberta Edition on a construction site, plant site, or an outdoor building yard.
The dwelling is then transported as one unit, delivered to the client's location, and installed on a
basement or foundation.
Rowhouse or Townhouse means a residential building containing three or more dwelling units, where
each dwelling unit is joined in whole or in part at the side only and where no dwelling unit is located in
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SCHEDULE 8 | 13
whole or in part above another dwelling unit. Each dwelling unit in a rowhouse is separated from the
abutting dwelling unit by a wall, generally extending from the foundation to the roof, and each
dwelling unit is provided with its own direct access from grade.
Second or Other Residence means a standalone additional dwelling unit on a lot which is not
contained within the principal residence or an accessory building. A secondary dwelling unit may be a
manufactured/mobile dwelling, ready-to-move dwelling, moved-in dwelling or a site-built dwelling as
permitted in accordance with the land use district it is proposed to be located within and is to be
associated with existing properties in the TUR district. An Accessory Dwelling Unit (ADU) is a separate
use.
Semi-Detached means a building constructed on the lot intended for occupancy containing two side-
by-side separate dwelling units with separate exterior access to each unit, connected by a common
(shared) wall between the two units, and may legally be subdivided by a common or shared property
line.
Single-Detached means a residential building constructed and intended for human occupancy
containing a single dwelling unit which is not attached to any other dwelling by any means. For the
purposes of this Bylaw, single detached dwelling may include site-built dwellings, prefabricated
dwellings, or ready-to-move dwellings.
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Town of Pincher Creek Land Use Bylaw
Site-built means a building that is constructed from individual parts and materials (stick built
construction) into a whole and complete formation on the site (lot) it is intended to be used on and
does not include prefabricated parts other than floor joists and roof trusses.
Stacked Rowhouse means a building containing three or more separate dwelling units where each
dwelling unit is joined in whole or in part at the side and with some dwelling units being stacked
vertically over each other as upper and lower dwelling units and each having a separate front and rear
entrance.
Dwelling Unit means a building or portion thereof that contains one or more self-contained rooms designed
to be used as a residence and that includes sleeping, cooking, living and sanitary facilities and having an
independent entrance either directly from the outside of the building or through a common area within the
building.
E
Easement means a legal right held by one party in land owned by another (a dominant and servient
tenement) for a certain purpose, typically for access or to accommodate a public utility.
Eaveline means the overhanging portion (the eave) of a roof beyond the exterior walls of a building.
Educational Facility means a place of instruction offering courses of study, training programs, special
education, seminars, operated with public or private funds pursuant to the School Act, as amended
Elevation means a precise and detailed representation of one vertical plane or face of a building or structure,
and it offers a flat, two-dimensional view of this particular side, capturing critical design elements,
architectural features, and the overall aesthetic composition. An elevation drawing serves as a visual
representation, presenting a comprehensive and scaled depiction of a building's exterior appearance from a
specific vantage point.
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Entertainment Establishment means a development for the purpose of providing indoor and/or outdoor
entertainment and amusement to patrons typically as a commercial venture. Examples include but are not
limited to theatres, concert venues, miniature golf, go-cart tracks, bumper boats, batting cages, amusement/
theme parks, video game arcades, laser tag rooms, waterparks, game rooms, mechanical or electronic
arcades, bowling alleys, and other similar uses and may include minor concession and retail sales and services
customarily associated with and accessory to such facilities. This use does not include a gaming establishment
or adult entertainment use.
Environmental Impact Assessment means a process to identify, predict and evaluate the potential
environmental effects of a proposed project and involves a comprehensive report being professionally
prepared by a qualified professional (e.g., engineer, biologist) assessing and describing the environmental
impacts a proposed development may have.
Environmental Reserve means any parcel of land specified as environmental reserve by a subdivision
approving authority pursuant to Section 664 of the MGA, as amended.
Equipment Sales, Rental and Service means the use of land or buildings for the retail sale, wholesale
distribution, rental and/or service of hand tools, small construction, farming, gardening and automotive
equipment, small machinery parts and office machinery and equipment.
Essential Public Service means a fire and emergency station, police station, or similar service.
Extensive Agriculture means the production of crops or minor livestock or both by the expansive cultivation
or open grazing of normally more than one parcel or lot containing 16.19 hectares (40 acres) more or less.
Existing Lot means a subdivided lot that existed at the time this Bylaw was adopted.
Existing Residence/Accessory Building means a residential dwelling unit or accessory building that already
exists at the time this Bylaw was adopted and relates specifically to the Mixed-Use Commercial - C3 land use
district.
F
Fabric Covered Storage 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 or for storage. For use purposes, a coverall/fabric building is not classified as an Accessory Building
or Accessory Structure and is a specific use listed within certain districts.
Farm Buildings and Structures means a building or development commonly or normally contained in a
farmstead that is associated with a farming operation or an extensive agriculture use. Examples include
barns, granaries, implement machinery and equipment sheds, dugouts, corrals, fences and haystacks but this
use does not include intensive horticultural facility, intensive livestock operation or any dwelling unit
including conventional single-detached residences and mobile homes.
Farmer's Market means a use of land or buildings where fresh farm or garden produce is sold retail or
wholesale and where goods are typically displayed in bulk bins or stalls for customer selection. This use
includes but is not limited to vendors of fruit, vegetables, meat products, baked goods, dry goods and spices
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and non-food products such as handicrafts, provided that the sale of fresh food products remains the primary
function of the farmer's market. This definition does not include Cannabis Retail Sales.
Farm Supplies and Service means the use of land or buildings for the sale, storage and distribution of tools,
grain, livestock feed, fertilizer and chemicals used in agriculture. This definition does not include Cannabis
Retail Sales.
Fence means a barrier, railing, or other upright roofless structure, typically of wood or wire, enclosing an area
of ground to mark a boundary, divide space, provide screening, control access, or prevent escape and may be
a wall or hedge on any part of a lot and is incidental and subordinate to a principal use. A fence is most
typically used as privacy divider and to mark boundaries between adjacent properties. A privacy/wall screen
and a wind screen are separate uses.
Fill means the import and placement of natural uncontaminated earth or aggregate materials (e.g. clay, silt,
sand, gravel) on a parcel for the purposes of altering/modifying grades, drainage, or building up a site for a
proposed building or development but does not include the import and placement of dry-waste or land fill
waste materials.
Financial Institution means a commercial development primarily for providing the service of banking,
financial investments or lending money such as a bank, savings and loan institution, or credit union.
Fitness Facility and Health Centre means the use of premises for the development of physical health or
fitness, including, but not limited to, health centres, gymnasiums, personal trainers, nutritionists, fitness
clubs, yoga and Pilate centres, racquet and ball courts, steam or sauna rooms, spas and weight reducing
salons. This use may include minor concession (i.e., juice bar) and retail sales customarily associated with and
accessory to such facilities.
Fleet and Transportation Service means the use of land or buildings, involving a fleet of vehicles for:
(a) the transportation of people, mail, negotiable currency and documents;
(b) the delivery of packages and small articles by courier service;
(c) the delivery of food by mobile catering service; or
(d) moving companies, rental vehicle or trailer businesses.
Flood Elevation, 1:100 year means the water level reached during a 1:100 year flood as determined in
accordance with the technical criteria established by Alberta Environment.
Floodrisk Area means the area of land bordering a water course or waterbody that would be inundated by a
1:100 year flood (i.e. a flood that has a 1 percent chance of occurring every year) as determined by Alberta
Environment in consultation with the municipality and may include both flood fringe and floodway.
Flood Hazard Area means the flood hazard area is the area of land that would be flooded during the design
flood. It is composed of the floodway and the flood fringe zones, which are defined below.
Floodproofing means with respect to a building or building extension, a design, manner of construction or
siting thereof for the purpose of preventing damage by floods of a specified magnitude.
Flood Fringe, Designated means the outer portion of the flood risk area, adjacent to the floodway. The
water in the flood fringe is generally shallower and flows more slowly than in the floodway. The flood fringe
typically represents areas with shallower (less than 1 m deep), slower (less than 1 m/s velocity), and less
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SCHEDULE 8 | 17
destructive flooding during the 100-year design flood. Conditions are generally less hazardous in the flood
fringe than in the floodway.
Floodway, Designated means that part of the flood risk area where the flood waters are deepest, fastest and
hence most destructive. It is a constricted channel area within which the entire design flood may be
conveyed without either raising water levels or increasing flow velocities beyond specified limits.
Floor Area means the sum of the gross horizontal area of the several floors and passageways of a building,
but not including cellars, basements, attached garages, and open porches. All dimensions shall be external
dimensions.
Food Establishment means a building or property used for the preparation, handling, packaging, serving, and
distribution of food, beverage, and related services and includes a facility where food or meals are prepared
and may be taken out to be delivered offsite or served on the premises for sale to the public for counter
service, pick-up, or delivery and with minimal onsite seating available in the premises. Such services may
include a delicatessen, doughnut or cupcake shop, butcher shop, cafeteria, catering service, specialty food
shop, dessert shop, or ice cream shop. Restaurant is a separate use.
Foundation means the supporting base structure of a building which has been designed and engineered to
support the associated weight of the building.
Freight Terminal means a facility accommodating the storage and distribution of freight shipped by rail, or
highway transportation.
Frontage means the lineal distance measured along a property's front or street facing legal lot line.
Front Property Boundary, Principal means the front property boundary (as shown in Figure).
Front Property Boundary, Secondary means the secondary front property boundary on a corner lot (as
shown in Figure).
Front Yard - see Yard, Front
Funeral Home means a development used for the arrangement of funerals, the preparation of the deceased
for burial or cremation, the holding of funeral services or memorials and the carrying out of cremations,
where not more than one cremation chamber is provided.
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Town of Pincher Creek Land Use Bylaw
G
Garage (Residential) means an accessory residential building designed and used primarily for storage of
motor vehicles but may also be supplementary used to store accessory household and yard tools or items.
Garden Centre means the use of land or buildings for the commercial 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 yard implements as well as associated products. This definition does not include Cannabis
Retail Sales.
Garden Shed means a small outdoor storage compound or building, which is
typically considered an accessory building, constructed for the housing of garden
tools, lawn equipment or other small yard items.
Garden Suite means a separate detached dwelling unit that is approved and used
as an Accessory Dwelling Unit. - see "Accessory Dwelling Unit"
Gas Bar means a facility for the sale of gasoline and associated automotive fluids and typically has a small
kiosk or card-lock payment system but is not a service station and does not offer retail sales of convenience
items.
Gazebo means an outdoor accessory structure that is detached or freestanding
with a roof (or cover) and open on all sides offering shade and shelter from the
elements.
Golf Course means an outdoor development designated primarily for the
recreational game of golf and consists of a landscaped area of land laid with a
series of 9 or 18 holes with each hole including a tee, fairway, and putting green
and often one or more natural or artificial hazards. Accessory uses include a pro
shop, driving range and/or proactive facility, food service, and other commercial
uses typically associated with a golf course clubhouse facility.
Golf Driving Range means an area of land whose primary purpose is to accommodate the practicing of golf
shots and may include the land encompassed by netting or screening and may also include buildings, such as
a club house or maintenance building as part of the use.
Government Services means development providing municipal, provincial, or federal government services
directly to the public or the community at large, and includes development required for the public protection
of persons or property.
Grade means the average elevation of the finished ground or street
surface. For development the grade is determined by calculating
the lowest of the average levels of finished ground adjoining each
exterior wall of a building,
Grade Point means the point(s) on a site which are used to measure
the maximum permitted height of a building from grade. Where
grade points have not been established as part of an approved
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SCHEDULE 8 | 19
comprehensive grading plan, the location of grade points shall be determined by the Development Authority.
Grain Elevator means a facility for the collection, grading, sorting, storage, and transhipment of grains. This
definition also includes inland grain terminals.
Greenhouse means a building specially designed and used for the growing of vegetables, flowers or other
plants for transplanting or sale. This definition does not include Cannabis Retail Sales.
Gross Floor Area (GFA) means the sum of the horizontal 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 and passageways of a building totally or partially above the finished
ground surface excluding an artificial embankment but including all mechanical equipment areas. This does
not include cellars and basement floor areas shall be included only where the building contains an additional
dwelling unit.
Group Care Facility means a development which provides residential accommodation and rehabilitative
services to persons who are handicapped, aged, disabled or undergoing rehabilitation and in which
supervisory, educational, developmental, daily living and/or personal care services may be provided or made
available. This use includes supportive housing and shelters but shall not include a hospital, sanatorium, jail,
prison, reformatory or hostel or group home.
Group Home means development using a residential dwelling unit for a provincially approved residential
social care facility for any age group providing supervision, rehabilitative and supportive care for eight (8) or
less client residents. A group home may incorporate accommodation for resident staff as an accessory use.
Grouped Country Residential means two or more contiguous country residential parcels or acreages.
Guest means an individual who occupies a dwelling unit other than as their residence.
H
Hazardous Chemical means any substance that, due to its properties, poses a danger or harm to human
health or the environment, including being corrosive, flammable, reactive, or toxic and includes any chemical
identified as such in a provincial or federal act or regulation.
Health Centre means development used for the provision of physical and mental health services on an
outpatient basis, of a preventative, diagnostic treatment, therapeutic nature. Typical uses or facilities would
include, radiologists, ultrasound clinics, physio therapists, massage therapists, and chiropractor offices.
Personal Health Care Services is a separate use.
Height of Sign means the vertical distance measured from the highest points of the sign or sign structure to
grade.
Helipad means a designated area, usually with a prepared hard surface, used for the take-off, landing, or
parking of helicopter aircraft.
Heliport means a facility for the use of helicopters landing or taking off on a frequent basis and includes
development of passenger terminals, service, repair and storage facilities and other necessarily ancillary
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Town of Pincher Creek Land Use Bylaw
developments required for the purpose of operating a heliport in accordance with all applicable statutes and
regulations.
Highway means:
(a) a provincial highway or proposed highway that is designated as a primary highway; or
(b) a road, street or highway formerly designated as a provincial secondary road and numbered between
500 and 999.
Highway Commercial is a general term used to describe commercial development, typically along a major
roadway or highway that provides goods and services to the travelling public or business that benefit from
having larger lots with highway exposure of goods or products for sale. Typical highway commercial uses
include service stations, truck stops, motels, hotels, various retail stores, drive-thru and fast-food restaurants.
Historical Site means a site or a building or both designated to be of historical significance by the
Government of Canada, the Government of Alberta or the Town of Pincher Creek.
Home Improvement Centre means a commercial retail facility where building materials, tools, domestic
garden supplies, household accessories required for interior or exterior building renovations, and similar
goods are stored, offered or kept for sale but does not include any outside storage yards. Seasonal outdoor
display and sale areas may be included.
Home Occupation means a minor occupation, business, trade, profession or craft carried on by an occupant
of a residential dwelling unit as a use secondary and incidental to the residential use of the lot, and which
does not change the character thereof or have any exterior evidence of such secondary use. A Home
Occupation may be categorized a Class 1 or a Class 2 type as defined in this Bylaw.
Home Occupation Class 1 - a home-based occupation that involves the establishment of a small-scale
business by the dwelling resident that is incidental to the primary use of the residence, any sales occur
off the premises. Typical uses may be self-employed home office use, consultant, accounting or book
keeping, home based off premise sales (e.g., direct marketing, cooking & kitchen wares, beauty &
personal care, nutrition & health supplements, condiments & packaged food supplies, etc.), drafting &
design, online instruction, phone and digital media-based self-employment, e-commerce specialist, data
analyst, etc.)
Home Occupation Class 2 - 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 Class 1 and could include some client visits. Typical Class 2 uses may be self-employed
massage or personal care services, music or fine art lessons, private counselling services, self-employed
office use with an associated commercial work vehicle, contractors/trades persons who work off
premise, and artisan cottage crafts or specialty food businesses (e.g., artisan works, food preserves,
baking for on-line or off-site sales, craftsmen).
Hospital means a health facility providing surgical or other medical treatment for the sick, injured or infirm
including outpatient services and accommodation while being treated, along with patient food services,
accessory staff offices, or staff residences. Typical uses include hospitals, sanatoria, nursing homes,
convalescent homes, isolation facilities, psychiatric hospitals, auxiliary hospitals, and detoxification centres.
Hostel means a facility operated to provide temporary (not exceeding 30 days) accommodation to transients
for remuneration within dormitory-style visitor accommodation with communal kitchen and sanitary facilities
and may include recreational facilities or services but not additional services such as room service.
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Hotel means a commercial building used primarily for temporary lodging or sleeping accommodation and
ancillary services provided to guests in rooms or suites of rooms which may contain bar/kitchen facilities as a
commercial business operation. 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.
Household Repair Service means a business for the provision of repair services to goods, equipment and
appliances normally found within the home. This includes radio, television and appliance repair shops, and
furniture refinishing and upholstery shops.
I
Illumination means the lighting of any sign by artificial means and may further be described as:
-
internal illumination which means the lighting of any sign face from a light source located within the
sign or behind the displayed text copy;
-
directed illumination which means the lighting of any sign face from a light source located on or near
the exterior of the sign;
-
indirect illumination which means the lighting of any sign face by reflected light from a source that is
distinct from, but intentionally directed toward the sign.
Improvement means any installation, addition or physical change made to land or a property with a view to
increasing its value, utility, aesthetics or beauty.
Industrial means the use of land and/or buildings for the purpose of manufacturing, processing, assembling,
refining, packaging, storing, and/or distributing materials or products for sale, use or application elsewhere.
Any on-premises sales shall be incidental to the operation of the industry except where permitted on the
premises as a principal use.
Industrial Contractor Services means an individual, business or company who contracts on predetermined
terms to provide labour, heavy equipment and materials for the performance of earth works, trenching,
excavating, for transportation related industries (roadways, bridges, etc.), pipelines, oilfield, wells and mining
construction, or agricultural production.
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 manufactured/mobile home sales and rentals.
Industrial/Manufacturing Processing means a large-scale development used for manufacturing, fabricating,
processing, assembly, production or packaging of goods or products, as well as administrative offices and
warehousing and wholesale distribution uses which are accessory uses to the above. Products related to
such manufacturing or processing activities may be associated with construction materials, electronics,
textiles, food, chemicals, and pharmaceuticals.
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 a government agency, organization, or society for public or social
purposes and, without restricting the generality of the term, includes senior citizen housing, nursing homes,
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day care centres, places of worship, museums, libraries, schools, service and fraternal organizations, and
government buildings.
Intensive Agriculture means any concentrated method used to raise crops or to rear or keep livestock,
animals, poultry or their products for market, including such operations as horse stables, poultry farms,
pastures, rabbitries, fur farms, greenhouses, tree farms, sod farms, dairies, nurseries and similar specialty
uses conducted as the principal use of a building or site.
Intensive Horticultural Operations or Facilities means a use of land or buildings for the high yield production
and/or sale of specialty crops. This use includes greenhouses, nurseries, hydroponic or market gardens, tree,
mushroom and sod farms and such other uses that the Municipal Development and Subdivision Authority
considers similar in nature and character to any one or all of these uses.
K
Kennel means a type of animal care facility where dogs or cats or other domestic pets are maintained,
boarded, bred, trained or cared for or kept for the purposes of sale and for the application of this Bylaw is
categorized as an Animal Care Service. This use excludes a Veterinary Clinic small or large animal and an
Animal Care Service, Minor use. - see "Animal Care Service".
Kiosk means a location or structure housing a minor seasonal/temporary business typically using a small or
portable structure to conduct sales.
L
Laboratory means a facility for the purpose of scientific, medical, or technical research, investigations or
experimentation.
Landscaped Area means that portion of a site or lot which is to be landscaped (trees, shrubs, hedges, grass
and other ground cover) pursuant to a development permit or development agreement, 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 narrow public thoroughfare for vehicles typically not exceeding 9.14 m (30 ft) in width
intended chiefly to give access to the rear of buildings and parcels of land and which provides a secondary
means of access or is as defined as an alley in the provincial Traffic Safety Act.
Laundromat means a commercial establishment for the cleaning of clothing or other fabric goods on a self-
serve basis.
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Light Industrial/Manufacturing Processing means development used for manufacturing, fabricating,
processing, assembly, production or packaging of goods or products, as well as administrative offices and
warehousing and wholesale distribution uses which are accessory uses to the above, provided that the use
does not generate any detrimental impact, potential health or safety hazard or any nuisance beyond the
boundaries of the developed portion of the site or lot upon which it is situated.
Liquor Retail Store means a commercial retail establishment licensed under provincial authority of the AGLC
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.
Loading Space means a portion of a lot or parcel that is designed and designated or used by a vehicle,
typically a large truck and semi-trailer, while loading or unloading goods or materials to a building or use on
that parcel or lot.
Lodge means a facility for tourists that complies with the definition of visitor accommodation except that a
lodge has a minimum of five (5) accommodation rooms and cooking facilities which are not located in the
accommodation rooms and where there are no areas for public retail, public entertainment functions,
meeting rooms and public convention rooms. Accessory uses may include rental cabins, accommodation for
permanent staff and one or more beverage rooms, dining rooms, athletic and recreation facilities (indoor and
outdoor) for use by the guests and other similar uses.
Loft means the upper floor space above the eaveline and within the pitch of the roof of a building.
Lot, in accordance with the MGA, means:
(a) a quarter section;
(b) a river lot shown on an official plan referred to in section 32 of the Surveys Act that is filed or lodged in
a land titles office;
(c) a settlement lot shown on an official plan referred to in section 32 of the Surveys Act that is filed or
lodged in a land titles office;
(d) a part of a parcel where the boundaries of the parcel are separately described in a certificate of title
other than by reference to a legal subdivision; or
(e) a part of a parcel where the boundaries of the parcel are described in a certificate of title by reference
to a plan of subdivision.
Lot Area means the total area contained within the lot lines of a lot as shown on a plan of subdivision or
described in a certificate of title.
Lot Coverage means the percentage of a lot's total area that is covered by all buildings and structures on the
lot when combined.
Lot, Corner means a lot located at the intersection of two or more streets.
Lot, Double Fronting means a lot with two front property boundaries, where the front property boundaries
are situated at opposite or approximately opposite sides of the lot.
Lot, Interior means a lot other than a corner lot and one which has an adjacent lot both sides.
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LOT DIMENSIONS and CONFIGURATIONS
Lot Length means the horizontal distance between the shortest or principal front property boundary and the
opposite property boundary, measured along the median between the side property boundaries as shown.
Lot Width means the horizontal distance between opposite side property boundaries measured at a point 20
feet (6.1 m) from the shorter or principal front property boundary as shown.
Lumber and Building Supply means a commercial retail store where building materials, lumber, hardware,
construction materials, electrical, plumbing, household accessories, tools, and other related goods are
stored, offered, or kept for sale and may include outside storage.
M
Machinery Sales, Rental 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
operation, construction or maintenance of buildings, roadways, pipelines, oil fields, mining or forestry
operations, and in freight hauling operations. Cleaning, repairing and sale of parts and accessories may be
allowed as part of the principal use or as accessory uses.
Manufactured Home - see "Dwelling (Types)".
Manufactured Home Community means a comprehensively planned development which is typically all on
one title, parcel or site that offers spaces for lease or rental, but may be condominiumized for ownership, for
the placement and occupancy of new and previously occupied manufactured dwellings as residences and
which is managed by an operator. This use may include amenity areas and accessory facilities for use and
maintenance of the residents. Manufactured Home Community use does not include transient uses such as
campgrounds.
Manufactured Home Sales means a development typically consisting of a commercial building and large
outdoor display lot within which assembled Manufactured Home show homes are displayed for tours and
sale and may also include a yard for storage.
Town of Pincher Creek Land Use Bylaw No. 1639-25
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Market Garden means the growing of vegetables or fruit for commercial purposes. This use includes an area
for the display and sale of goods or produce grown or raised on site.
May means, within the context of a policy, that a discretionary action is permitted.
Measurable Standard means a minimum or maximum dimensional standard as stipulated in this Bylaw and
in particular, Schedules 3, 4, 5 and 6, as applied to development and land use.
Meat Packing/Processing Plant means a facility where poultry or livestock is received, housed, slaughtered,
processed, packaged and shipped to respective markets for consumption. Such uses include but are not
limited to containment corrals, refrigeration units, parking and loading facilities, wastewater lagoons,
abattoirs, hide processing facilities, feed storage containers, retail sales outlets, warehousing or any other
use that may be incidental to such an operation.
Medical and Dental Clinic means development providing medical and health care on an outpatient basis.
Examples of this use include medical and dental offices, clinics, occupational health and safety offices,
counselling services, optometry, chiropractic and naturopathic services and such other uses as the Municipal
Development and Subdivision Authority considers similar in character and nature to any of these uses, but
this excludes dispensaries (which sell pharmaceutical and related medical supplies) as an accessory use. The
use may include offices associated with the business administration of the use.
Meteorological (MET) Tower means a structure used for the collection and analysis of wind, temperature,
precipitation, air pressure, or other atmospheric data, and may include an anemometer, wind direction vane,
temperature and pressure sensors, and other measurement devices attached to it at various levels above the
ground.
Minimum Building Setback means the shortest distance between the wall of a building and a designated lot
line.
Mini-Storage means a development which includes a series of enclosed storage bays or lockers which are
intended for rental or lease to the public for storage of personal property and may include outside storage
areas for items such as vehicles, machinery, and equipment.
Mixed Use means a development of a building or parcel with more than one type of use (such as a mix of
office, retail, residential, entertainment, cultural, recreation, etc.) all of which are physically and functionally
integrated and are mutually supporting and developed in a comprehensive manner.
Mixed Use Residential Units/Commercial use means a building with
more than one type of use, specifically both residential and
commercial, within a building and which are mutually compatible and
developed in a comprehensive manner. Such an example may include
a building that contains commercial retail use on a lower floor and
residential dwelling units on upper floors.
Mobile Home means a former prefabricated dwelling unit that:
(a) was designed to be transported, and when placed on a foundation and connected to utilities it was
ready for occupancy; and
(b) was subject to provincial building requirements when it was approved.
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Town of Pincher Creek Land Use Bylaw
The term mobile home included "Double-wide" and Single-wide" mobile homes, as defined under a former
land use bylaw, but the term did not include motor homes, travel trailers, recreation vehicles and any similar
vehicles that were neither intended for permanent residential habitation nor subject to the current provincial
building requirements. These are not considered to be Manufactured Homes under this Bylaw and are no
longer eligible for development approval. - see "Dwelling (Types), Manufactured/Mobile Home".
Mobile Home Park means an existing parcel approved under a former land use bylaw that is occupied by or
was intended for two or more single-wide and/or double-wide mobile homes, where each mobile home site
is not subdivided into a separately titled lot. Mobile Home Parks are no longer eligible for development
approval. - see "Manufactured Home Community".
Motel means commercial development primarily providing temporary lodging or 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 or Dwelling means a conventional, preconstructed, previously occupied building or
dwelling which is physically removed from one site, transported and re-established on another site and does
not include used or new Manufactured/Mobile Homes or new Prefabricated Dwellings or RTM Homes which
are separate uses.
Multi-unit Dwelling means a building (other than a rowhouse dwelling) containing three or more separate
dwelling units.
Municipal Government Act means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter
M-26, as amended (MGA).
Municipal Development and Subdivision Authority (MDSA) means a committee appointed by Council to act
as a development authority and subdivision authority pursuant to section 623 of the MGA and in accordance
with the municipality's development authority and subdivision authority bylaws.
Municipal Development Pan means a statutory plan, formerly known as a general municipal plan, adopted
by bylaw in accordance with section 632 of the MGA.
Municipal Reserve means the land specified to be municipal reserve by a subdivision approving authority
pursuant to section 665 and 666 of the MGA.
Municipality means the geographic area and municipal jurisdiction (boundary) of the Town of Pincher Creek
in the Province of Alberta.
Municipal/School Reserve means the land specified to be municipal and school reserve by a subdivision
approving authority pursuant to section 666 of the MGA.
Museum means a building or site used for the preservation, collection, restoration, display and/or
demonstration of articles of historical significance and may include archival records of a geographic area or of
a time period. - see "Public and Institutional Use"
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N
Natural Resource Extractive Uses means those uses of land or buildings which are governed by the location
of a natural resource and which involve the extraction or on-site processing and/or storage of a natural
resource, except those industries which are noxious or hazardous industries. Natural resource extractive
uses include the following:
(a) sand and gravel operations;
(b) logging and forestry operations, including sawmills; and
(c) such other uses as established by Council or the Municipal Development and Subdivision Authority to
be similar to any one or all of the above uses.
Non-Conforming Building, in accordance with the MGA, means a building:
(a) that is lawfully constructed or lawfully under construction at the date 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, in accordance with the MGA, 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 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 Industries means development used for manufacturing, fabricating, processing,
assembly, storage, production or packaging of goods or products where the industry or use may be
detrimental to public health, safety or welfare beyond the boundaries of the site, parcel or lot on which it is
situated; and/or the industry or use may be incompatible with residential or other development because of
toxic gases, noxious smells, wastes, noise, dust or smoke emissions which are not confined to the site, parcel
or lot on which it is situated. Administrative offices, warehousing, storage and wholesale distribution facilities
shall be treated as part of the use. For the purposes of this bylaw the following shall be regarded as "Noxious
or hazardous industries":
(a) abattoirs, slaughterhouses and rendering plants;
(b) alfalfa processing plants;
(c) anhydrous ammonia storage facilities;
(d) explosives storage or manufacturing facilities;
(e) fertilizer manufacturing plants;
(f) gas processing plants;
(g) petrochemical industries or refineries;
(h) metals industries which are involved in the refining, smelting, re-refining or resmelting of ores or
metals;
(i) such other uses as established by Council or the Municipal Development and Subdivision Authority to
be similar to any one or all of the above uses.
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Town of Pincher Creek Land Use Bylaw
Nuisance means any use, prevailing condition or activity which has a detrimental effect on health, living or
working conditions.
O
Office means development to accommodate:
(a) professional, managerial and consulting services, including law offices, accountants, engineers;
(b) the administrative centres of businesses, trades, contractors and other organizations; and
(c) service-related businesses such as travel agents, insurance brokers, and real estate agents.
Off-Street Parking Space means a lot or parcel or portion thereof, excluding a public roadway, which is used
or intended to be used as a parking area for motor vehicles.
Orientation means the arranging or facing of a building or other structure with respect to the points of the
compass and references the directions as north, south, east and west.
Outdoor Storage means the open storage of goods, merchandise, materials, vehicles, or equipment outside a
building or in a yard on a parcel of land. This does not include the open storage of goods or materials which are
noxious or hazardous.
Owner means the person or persons shown as the owner(s) of land on the assessment roll of a municipality.
The owner, with respect to a parcel property, means the person who is registered under the Land Titles Act
as owner of the title of land.
P
Parcel, in accordance with the MGA, means the aggregate of the one or more areas of land described in a
certificate of title by reference to a plan filed or registered in a land titles office. Note: A certificate of title
containing more than one lot described in a plan of subdivision registered in a land titles office before July 1,
1950, constitutes a single parcel of land.
Parking Facility includes parking areas, parking spaces and parking structures which are defined as follows:
(a) Parking Area means a portion of land or a building or a combination of both, set aside for and capable
of providing space for the parking of a number of motor vehicles.
(b) Parking Space means a space set aside for and capable of being used for the parking of one motor
vehicle.
(c) Parking Structure means a building or other structure designed for parking automobiles in tiers on a
number of levels above each other whether above or below the ground.
Park Model Trailers 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) 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
Town of Pincher Creek Land Use Bylaw No. 1639-25
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SCHEDULE 8 | 29
move on the road and conforms to the CSA-Z-241 standard for recreational vehicles. A Park Model
Trailer is not deemed to be used as a permanent year-round dwelling.
Patio means an outdoor amenity area or space of a lot developed and generally used for outdoor dining or
used for leisure and/or recreation purposes that adjoins a dwelling, building, or structure and is typically a
hard surface (stones, pavers, concrete, etc.).
Pergola means an outdoor structure with columns supporting a roofing grid of
beams and rafters. The roofing grid is typically left open but may or covered to
create an area sheltered from the elements. The structure is commonly
freestanding but may be attached to a building or dwelling.
Permanent Foundation means a foundation installed to provide structural
support for a building or structure, for a period of at least 20 years including:
concrete slab on grade, concrete strip footings, wood or concrete full basement
and pile or pier footings.
Permitted Use means:
(a) the one or more uses of land or buildings that are stated in Schedule 2 as permitted uses; and
(b) uses which, in accordance with and subject to the MGA, shall be issued a development permit with or
without conditions (unless the use is exempted from requiring a development permit) if the proposed
development conforms with this bylaw.
Personal Health Care Service means a development that provides paramedical type services by non-medical
professionals or professionals who are not part of the public health system. These services may include
naturopathy, opticians, acupuncture, physiotherapy, counselling, chiropractic, massage therapy, audiology,
denturist, dieticians, sleep apnoea treatment, etc.
Personal Service Use means a development providing services for personal care and appearance; services for
cleaning, servicing, altering and maintenance of personal effects and accessories. Personal service includes
barber shops, aesthetician, beauty or hair salons, tattoo parlours, tailors, diet centres, shoe repair shops, dry
cleaners, upholstery and rug cleaners, laundromats, and such other uses that the Municipal Development
and Subdivision Authority considers similar to any one or all of these uses.
Place of Worship means a building or space dedicated to the undertaking of religious practices, acts of
devotion, and activities and includes churches, chapels, temples, parish halls, synagogues, convents,
seminaries, monasteries, synagogues, rectories, or mosques and may include such accessory uses as offices
for administration of the place of worship, parsonages, and parish houses. A monastery may serve both to
house those belonging to religious orders and as a place of worship for visitors.
Plan of Subdivision means a plan of survey prepared in accordance with the relevant provisions of the Land
Titles Act for the purpose of effecting subdivision.
Planning Advisor means the person or organization retained by the Town of Pincher Creek to provide land
use and planning-related advice or services.
Playground - see "Public Park or Recreation use".
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Town of Pincher Creek Land Use Bylaw
Porch means a covered area adjoining an entrance to a building that is attached
to an exterior wall of the house and features an overhang, covering or a
separate roof from the main building. It is mostly reserved for covering the front
or back entranceway and is supported by beams or posts to help structurally
support the wight load of the cover or roof.
Post Office means a government approved facility charged with regulating and
handling the transmission of mail or parcels in a country.
Primary Access means the location and manner of the principal means of vehicular access and egress from a
site or building.
Principal Building means a building which in the opinion of the Development Authority:
(a) is the main building on a lot; or
(b) occupies the major area or central portion of the lot; or
(c) by reason of its use, is the primary purpose for which the lot is used.
Principal Use means the main purpose for which a lot, parcel, or building is used or intended to be used.
Privacy/wall screen means a structure, designed to provide a visual barrier (block views) and create a sense
of seclusion or privacy in outdoor spaces like patios, yards, or decks by obscuring sightlines
from abutting properties, nearby sites, streets or lanes. It typically is made from materials like wood, vinyl, or
lattice, parapet walls, wooden boards, translucent glass, or any combination of these or similar features. and
is often used to hide unsightly features, protect from wind, or create a more intimate atmosphere. A Privacy
/wall Screen is not a Fence which is a separate use.
Private means the use of land or buildings intended for or restricted to the use of a particular person or
group or class of persons which is not freely available to the general public or is the use of land or buildings
not operated by some level of government.
Private Utility means the same as public utility, but the utility is owned or managed by private (commercial)
company or agency ad not the municipality.
Property Line means any legal surveyed boundary of a parcel.
Public means the use of land or a building which is accessible or visible to all members of the community.
Public and Institutional Use means a use of land or buildings for any of the following government, public or
semi-public developments:
(a) a school or educational facility whether public or private;
(b) government and municipal offices, facilities, libraries, museums and similar developments;
(c) protective services, including fire halls, police stations and ambulance services;
(d) cemeteries; and
(e) such other uses as the Municipal Development and Subdivision Authority considers similar in nature
and character to any one of these.
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Public Open Space means land which is generally greenspace or park space that is typically owned and/or
administered by some level of government and not in private ownership, and is open to access or use by the
public.
Public Park or Recreation Use means a public park, playground, recreation area, indoor or outdoor rink,
gymnasium, sports field, swimming pool, spray park, campground, rodeo grounds, agricultural grounds,
historic or archaeological site or any similar facility or use of land or buildings provided that the park,
playground, recreation area or similar facility is owned and/or administered by any level of government.
Public or Quasi-public Building or Use means a facility owned or operated by or for the municipality, the
provincial government, the federal government, or a corporation which is an agent of the Crown under
federal or provincial statute for the purpose of furnishing services or commodities to or for the use of the
inhabitants of the municipality.
Public Roadway means the Town of Pincher Creek the right-of-way of all or any of the following:
(a) a local road,
(b) a service road,
(c) a street,
(d) an avenue, or
(e) a lane.
Public Thoroughfare means any accessible pathway, sidewalk, bridge, lane, service road, local street,
collector street, arterial street, or highway.
Public Utility means the right-of-way for one or more of the following for public consumption, benefit,
convenience or use:
(a) telecommunications systems;
(b) waterworks systems;
(c) sewage systems;
(d) heating systems;
(e) systems for the distribution of gas, whether natural or artificial;
(f) systems for the distribution of artificial light or electric power.
Publishing, Broadcasting or Recording establishment means development for the preparation and/or
transmission of printed material such as producing books, newspapers or periodicals, by mechanical means,
and reproducing techniques, such as copying or printing is carried on and may include the sale of same,
and/or audio or visual recording and programming.
Q
Queuing Aisle means an area of a lot or parcel designed to accommodate vehicles waiting in line at a drive-
thru business or vehicle-oriented facility.
Queuing Space means the part or area of a queuing aisle needed to accommodate a single vehicle.
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Town of Pincher Creek Land Use Bylaw
R
Real Property Report (RPR) means a legal document that illustrates in detail the location of all relevant,
visible public and private improvements relative to property boundaries as surveyed by an Alberta Land
Surveyor.
Rear Lane means the secondary form of public roadway that is not a street, which allows physical access to a
lot or parcel at the rear yard of the property, generally for vehicular traffic and is not to provide the sole
source of access to a property.
Recreational Vehicle (RV) means an accommodation unit designed to be transported on its own wheels or by
other means (including units permanently mounted or otherwise on trucks) designed or constructed in such
manner as will permit its use for temporary dwelling accommodation for travel and recreation purposes only
but does not include a mobile home.
Recreational Vehicle Sales, Rental and Service means a facility for the retail sale or rental of new or used
motorcycles, snowmobiles, tent trailers, boats, travel trailers or similar recreational vehicles, bicycles, and
skis and may include maintenance services and sale of parts.
Recreational Vehicle Storage means the storage, outdoors or inside a permanent structure, of recreational
vehicles as defined in this Bylaw, and other recreational or off-road vehicles including but not limited to
boats, trikes, quads, personal watercraft, snowmobiles and trailers used to transport recreational vehicles.
Recycling Facility means the use of land or buildings for the purchasing, receiving and/or temporary storage
of previously used or discarded articles, provided that the use does not generate a detrimental effect or
nuisance beyond the boundaries of the lot or site on which it is situated. A recycling facility may involve
supplementary production of by-products or materials and includes bottle, can and paper recycling depots.
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
(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.
Reserve Land means environmental reserve, municipal reserve or school reserve or municipal and school
reserve in accordance with the MGA.
Residence means a Dwelling Unit used for personal human habitation and which is not available for
commercial public use, other than as a Bed and Breakfast or Short Term Rental Type 1, and which is utilized
for primary or secondary residential use by the occupant who is either the registered owner of the property
or who resides in and occupies the Dwelling Unit pursuant to a lease or similar form of agreement, as
opposed to temporary vacation or other forms of commercial temporary accommodation use (Hotel, Motel,
Short Term Rental Type 2).
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Resident means a person who occupies and utilizes a residence as his/her primary or secondary residence as
the registered owner of the residence or pursuant to a lease or similar form of agreement.
Residential Streets means streets whose primary function is to allow access to residential lots. A collector
street may be classified as a residential street, providing the volume of traffic is not detrimental to living
conditions.
Resource Processing Activity means the extraction, refining or other processing of natural resources
including oil, gas, minerals or timber on a commercial basis.
Restaurant means an establishment where food is prepared and served on the premises for sale and
consumption onsite by the public or for take-out in accordance with provincial health regulations, and may
include entertainment and alcohol which is ancillary to the preparation and service of food.
Restaurant, Drive-thru means a commercial food establishment that provides food service directly from a
building to persons in motor vehicles through window service, so the patrons are not required to leave their
personal vehicles, with the development also comprised of outdoor menu-boards and queuing (stacking)
aisles or driving spaces to manage the drive-thru aspects. The use also may or may not include food services
provided on the premises within the restaurant building.
Retail Store means a commercial 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 definition includes pharmacies but does not include Cannabis Retail Sales.
Retail Warehouse means a facility for the storage, distribution and sale of a seller's inventory of various retail
commercial goods that are manufactured off-site but shipped to and stored within a warehouse, a large
building space, or part of a building, and may include the fulfilment of online orders. It may also include the
wholesale or retail sale of a limited range of bulky goods from within an enclosed building with direct
customer sales occurring at the building. Typical retail wholesale uses include furniture, carpet, electronic,
and appliance warehouses. This use typically occupies a space with a minimum gross floor area (GFA) of 325
m² (3,500 sq. ft.) or more. This definition does not include Warehouse, Industrial. - see "Warehouse,
Industrial".
Rodeo Grounds consists of an agricultural-recreation oriented facility where exhibiting horses and cattle and
giving exhibitions of the speed, breeding and management of livestock and husbandry is a few of its functions
and purposes, and which may also include facilities (arena, chutes, grandstand, corrals, stables, concession
booths, etc.) to carry out such purpose, and may be managed by civic, private or non-profit organizations. For
the purpose of this Bylaw, this use may be categorised as a Public Park or Recreational Use if it is managed by
the municipality or leased or sub-contracted to a non-profit or community organization.
S
Safety Codes means a code, regulations, standard, or body of rules regulating things such as buildings,
electrical systems, elevating devices, gas systems, plumbing or private sewage disposal systems, pressure
equipment, fire protection systems and equipment, barrier free design and access, in accordance with the
Safety Codes Act, RSA 2000, Chapter S-1, as amended.
Salvage or Waste Disposal Facility means development for purchasing, receiving or transporting of spent
materials or substances which may generate a detrimental impact or nuisance beyond the boundaries of the
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Town of Pincher Creek Land Use Bylaw
lot or parcel on which it is situated. This term includes uses such as auto wreckers, salvage and scrap yards,
garbage container services, effluence tanker services and such other uses as the Municipal Development and
Subdivision Authority considers similar in character and nature to any one or all of these uses.
Satellite or Internet/Cable Dish means an anchored structure designed to capture or receive broadcast
signals beamed by satellites for audio-visual purposes, cable, or internet.
Satellite or Internet/Cable Dish Antenna means a parabolic antenna including foundation used for the
reception of satellite transmitted television or internet through radio waves.
School means a place of instruction offering courses of study. Included in the category are public, private,
and separate schools pursuant to the School Act.
School, Private means a school, other than a school operated by a School Board under the School Act, that
provides grade and secondary school instruction to pupils through courses prescribed or approved by the
Minister of Education.
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.
Seasonal Market means the use of land or buildings for the seasonal selling or offering for sale at retail of
local farm or home-grown vegetables or produce where the vendors are generally individuals who have
raised the vegetables or produce or have taken the same on consignment for retail sale, and where the goods
are typically displayed in bulk bins or stalls for customer selection. This use includes vendors of fruit,
vegetables, meat products, baked goods, dry goods, spices and non-food products such as handicrafts,
provided that the sale of fresh food products remains the primary function.
Secondary Suite - see "Dwelling (Types), Accessory Dwelling Units (ADU)".
Senior Citizen Housing means a multi-unit building development, including lodges, which is used as a
residence for elderly individuals, generally defined as a person who is old enough to receive a government
old-age pension, not requiring constant or intensive medical care.
Service Station means premises, or the portion thereof, used or intended to be used for the retail sale of
gasoline, lubricating oils and minor accessories for motor vehicles and may include the servicing and minor
repairing of motor vehicles. Such uses may also include a retail convenience store component as part of the
use.
Setback means the measured distance required between a building, structure, development, or use from a
property line facing a street, lane or other adjacent property line.
Shall means that the action is mandatory.
Shipping Container means a storage container that was used for transport of goods by means of rail, truck or
sea. These containers are rectangular in shape and are generally made of metal. These are also commonly
referred to as c-containers, cargo-containers, or sea-containers.
Shopping Mall means a unified concentration of multiple retail stores, restaurants or food establishments,
and service establishments in a suburban area with generous parking space, usually planned to serve a
community or neighbourhood.
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Short-term Rental means a dwelling unit (including a house, apartment, multi-unit dwelling, or individual
room), operated as a temporary or short-term rental or lease accommodation unit, occupied by a guest or
guests for a period of less than 28 continuance days where the residence owner may or may not be present
or residing on site, and includes all temporary or short-term rentals, vacation homes or temporary
accommodation for commercial purposes or for compensation. This use does not include Bed and Breakfasts,
Home Occupations, Motels, or Hotels which are separately defined uses.
Short-term Rental Type 1 (owner-occupied) means a short-term rental or lease situation where an
owner lives/resides (owner-occupied) in the dwelling as their primary abode (residence) but may rent
out the house or rooms as accommodation on a temporary or short-term basis for a period of less than
28 continuance days but not to exceed 60 days in a calendar year for financial gain. (Note: This may apply
to situations where an owner rents out their house while they are away on vacation or out of the country
for an extended period, etc.)
Short-term Rental Type 2 (non-owner-occupied rental) means a short-term rental or lease situation
where an owner does not live/reside in the dwelling as their primary residence (non-owner-occupied
rental) but rents out the house or rooms as accommodation on temporary or short-term bases for a
period of less than 28 continuance days as a rental, vacation home or temporary accommodation for
commercial purposes, or a commercial entity uses the home exclusively for short-term rentals. (Note:
This applies to situations where a person or business owns a dwelling(s) that they primarily rent for
accommodation for commercial income, etc.)
Should means that the action is recommended but not mandatory.
Shrub means a single or multi-stemmed bushy or woody plant under five (5) metres at maturity.
Sidewalk means a developed public pathway, walkway or right-of-way or portion of right-of-way intended for
use by pedestrians and most typically is comprised of finished concrete.
Sign means any object, structure, fixture, placard, device and components, or portion thereof, which is used
to advertise, identify, communicate, display, direct or attract attention to an object, matter, thing, person,
institution, organization, business, product, service, event or location by any means and for the purposes of
this Bylaw, includes the same meaning as is referenced in the sign standards in Appendix 4.
Similar Use means a use which is not specifically considered or defined in a land use district or defined in the
Bylaw but, in the opinion of the Municipal Development and Subdivision Authority, is similar in character and
purpose to another use that is permitted or discretionary in the land use district in which such use is
proposed, the Development Officer or Municipal Development and Subdivision Authority may:
(a) rule that the proposed use is either a permitted or discretionary use in the land use district in which it
is proposed; and
(b) direct that a development permit be issued in accordance with this bylaw.
Single-Detached Dwelling means a residential building constructed to the National Building Code - Aberta
Edition and intended for human occupancy containing a single dwelling unit which is not attached to any
other dwelling by any means. For the purposes of this Bylaw, single detached dwelling may include site-built
dwellings, prefabricated dwellings, or ready-to-move dwellings. - see "Dwelling (Types)".
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 8 | 36
Town of Pincher Creek Land Use Bylaw
Site means that part of a lot, lot, parcel or a group of parcels on which a development exists or for which
development is proposed and an application for a development permit is being made. A Bareland
Condominium unit is considered to be a site for purposes of this Bylaw.
Slope Adaptive Housing means housing which incorporates specific building and site design methods that
minimize the impact of site development on the natural environment, ensures slope stability, and responds
positively to the aesthetic opportunities presented by construction on sloping lands. Techniques to achieve
this normally include: design of rooflines and building massing designs to echo the angles and shapes of the
surrounding landscape; breaking up of the building mass to conform to the slope; and the use of indigenous
materials and compatible colours.
Small Wind Energy Conversion System (SWECS) means a development that generates electricity from a wind
turbine, either building or tower mounted, including associated control and conversion electronics and tower
guy wires, which has a limited generation capacity to be used primarily for the applicants own use. Refer to
Part 6.
Solar Collector, Individual means a solar energy system using solar panels to collect solar energy from the
sun and convert it to electrical, mechanical, thermal, or chemical energy that is primarily intended for sole
use and consumption by the landowner, resident or occupant. Solar panels may be mounted or affixed to the
roof of a principal and/or accessory building (Solar collector individual - roof mounted), the wall of a principal
and/or accessory building (Solar collector individual - wall mounted), or the ground as a free-standing
structure (Solar collector individual - ground mounted).
Solar Collector, Industrial means a solar energy system comprising a grouping of multiple devices, panels or
structures to collect energy from the sun and convert it to energy that is primarily intended for off-site
consumption and commercial connection to the provincial electrical grid or distribution system.
Specialty Manufacturing/Cottage Industry means a type of development that is used for small-scale on-site
production of goods or products in a building or facility not exceeding a gross floor area of 510 m2 (5,490 sq.
ft.), including areas devoted to retail sales, display and storage. This use includes production of niche goods
on a small scale, bakeries and specialty food production facilities, craftsmen studios, pottery and sculpture
studios, hand-made goods studios, specialty furniture makers, micro-breweries, distilleries, wineries, leather
production, and such other uses as the Municipal Development and Subdivision Authority considers similar in
character and nature to any one or all of these uses. This definition does not include Cannabis Retail Sales.
Stake out of the site means the process of measuring the site and designating the areas on the site where
construction will occur.
Statutory Plan means a municipal development plan, area structure plan or area redevelopment plan
adopted under the MGA.
Stop Order means an order issued by the development authority pursuant to section 645 of the MGA.
Storey means that portion of a building situated between the top of any floor and the top of the next floor
above it or, if there is no floor above it, the ceiling above it. When the top of a floor directly above a
basement is over 1.8 metres (6 ft.) above grade, that basement shall be considered a storey.
Street means the area as illustrated as road right-of-way on a subdivision plan or road plan as registered at
Land Titles and which is a public thoroughfare affording the principal means of access to abutting parcels, and
includes the sidewalks and the land on each side of and contiguous with the prepared surface of the
thoroughfare, and which is controlled and managed by the municipality.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 8 | 37
Structural Alteration means a repair or alteration to the supporting members or fabric of a building which
tends to either substantially prolong its use or alter its character.
Subdivision means the division of a parcel by an instrument, and "subdivide" has a corresponding meaning.
Subdivision and Development Appeal Board means the tribunal established, by bylaw, to act as the
municipal appeal body for subdivision and development.
Subdivision and Development Regulation means regulations established by order of the Lieutenant
Governor in Council pursuant to section 694 of the Act.
Subdivision Approval means the approval of a subdivision by a subdivision approving authority.
Subdivision Authority means the person or body empowered to approve a subdivision in accordance with
the Subdivision Authority Bylaw.
Surveillance Suite means a dwelling unit or sleeping unit that is developed in conjunction with a principal use
so that the dwelling is a supplementary use to that principal use, and which is used solely to accommodate a
person or persons, whose function is to provide surveillance, maintenance and/or security for a development
provided for in the land use district.
Swimming Pool, Private means an in-ground or above-ground structure containing an artificial body of water
with a design depth greater than 600 mm (2 ft) designed for swimming. Private swimming pools are
classified as an accessory structure.
T
Take-out Service means the sale of food or beverages in a form ready for consumption from a restaurant or
other premises where a significant portion of the consumption will take place off the premises.
Taxi Service means a business established to provide chauffer-driven automobile transportation available on
call to carry a passenger between two points for a fare determined by a taximeter or flat rate.
Taxidermist means an individual engaged in the art of preparing life-like representations of animals by
stuffing the skin or usually fashioning a wooden or plaster model on which the skin of the specimen is
mounted or moulded.
Temporary Storage Yard means development used exclusively for temporary outside storage of goods and
materials where such storage of goods and materials does not involve the erection of permanent structures
or the material alteration of the existing state of the land. Typical uses include storage yards for construction
vehicles, equipment and materials or recreation vehicles.
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 has ceased, or the
structure is required to be removed within a time period on a development permit issued in accordance with
the Administrative part of this Bylaw.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 8 | 38
Town of Pincher Creek Land Use Bylaw
Temporary Use means a use listed as a permitted or discretionary use, or deemed similar to a permitted or
discretionary use in the applicable land use district in Schedule 3, that is approved for a designated time
period in a development permit issued in accordance with the Administrative part of this Bylaw.
Theatre means a building or structure designed for the showing of motion pictures or to accommodate a
company of performers or artists for the showing of plays, dances or musicals.
Truck Repair and Servicing means a facility for the servicing and repair primarily of licensed motor vehicles
with a gross vehicle weight in excess of 4000 kg (8818 lbs.).
Truck Stop means a service station which caters to large commercial vehicles such as semi-trailer trucks as
well as intermediate-sized vehicles and passenger vehicles. The use "Truck stop" includes an accompanying
restaurant or cafe as well as a card lock or key lock motor vehicle fuel dispensing facility. The use may also
include general retail sales, vehicle towing services, limited vehicle sales or rentals and similar uses provided
that any such uses are clearly accessory uses and incidental to the operation of the truck stop in the opinion
of the Municipal Development and Subdivision Authority.
Truck Transport Depot means a centralized area for the parking, loading, unloading, storage or servicing of
large commercial trucks engaged in the business of transporting goods and materials to specified
destinations.
Truck Wash means any building or premises, or portion thereof, used for the cleansing and washing of trucks,
trailers, semi-trailers, recreational vehicles, and similar motor vehicles. Truck washes typically use specialized
products and high-pressure systems to remove dirt, oil, grease, and other contaminants from the vehicle's
exterior. - see "Car wash".
Trucking establishment means a facility for the purpose of storing and dispatching commercial semi-trailer
trucks and tractor trailers for transporting goods and materials.
U
Utilities means any one or more of the following:
(a) systems for the distribution of gas, whether artificial or natural;
(b) facilities for the storage, transmission, treatment, distribution or supply of water or electricity;
(c) facilities for the collection, treatment, movement or disposal of sanitary sewage;
(d) storm sewage drainage facilities;
(e) any other things prescribed by the Lieutenant Governor in Council by regulation;
but does not include those systems or facilities referred to in subclauses (a) to (d) that are exempted by the
Lieutenant Governor in Council by regulation.
V
Variance means a relaxation of one measurable standard of the Bylaw, also referred to as a waiver, by the
Development Authority, Subdivision Authority, or on an appeal the Subdivision and Development Appeal
Board. - see "Waiver."
Vegetation Management means the manipulation of plant material for purposes such as the spread of
wildfires, or the control of plants or diseases.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
SCHEDULE 8 | 39
Veranda means an outdoor space attached along the sides of a dwelling and can
be covered or completely open, and although it is similar to a porch, it is
typically larger or longer and extends beyond just the entranceway. A veranda
may be ground level, which is the most common, but it may also be raised
higher to algin with the first floor or elevation of the top step or landing to the
building doorway. It is supported by a level platform and has railings all around
it.
Veterinary Clinic, Large Animal means a facility for the medical treatment of primarily large animals or
livestock (e.g. typically horses, 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 and household
pets (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 relaxation or variance of a development standard established in the land use bylaw. For
the purpose of this Bylaw, only the Municipal Development Authority, Subdivision Authority, or on appeal,
the Subdivision and Development Appeal Board, can waive provisions of the land use bylaw. - see
"Variance."
Warehouse means a building used or intended to be used predominantly for the indoor storage of materials,
goods, products, commodities, and merchandise.
Warehouse, Industrial (contractor, trade) means a facility or use of a building or portion thereof for the
storage and distribution of industrial related materials, products, goods and merchandise and may include
the accessory use or associated retail sales of a limited range of bulky wholesale goods from within an
enclosed building where the warehouse or storage component occupies at least 50 percent or more of the
GFA. Typical products or goods may include building and drywall supplies, electrical fixtures or components,
plumbing supplies, or other various materials related to construction, contractors and the trade industries.
This definition does not include Retail Warehouse. - see "Retail Warehouse".
Warehouse, Retail - see "Retail Warehouse".
Welding and Metal Fabrication Shop 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.
Wholesale Trade means an establishment primarily engaged in selling bulk quantities of merchandise to
businesses or retailers and not directly to the end consumer, this may be to industrial, commercial,
institutional or professional business users or to other wholesalers; or acting as agents or brokers and buying
merchandise for or selling merchandise to such individuals or companies.
Town of Pincher Creek Land Use Bylaw No. 1639-25
SCHEDULE 8 | 40
Town of Pincher Creek Land Use Bylaw
Wind Energy Conversion System (WECS) means a system consisting of subcomponents which convert wind
energy to electrical energy and having major components being generator rotors, tower and a storage
system. - see "Small wind energy conversion system".
Wind screen means a structure designed to reduce and protect against the effects of wind and it is
commonly used in outdoor environments such as patios, decks, sports fields and other open spaces where
wind can be a significant problem. Wind screens are available in various opacity levels and materials,
including fabric, polyester mesh, vinyl, plastic, glass, metal, and wood and can be designed to be either
permanent or temporary. The primary function of wind screens is to reduce the impact of wind on people
and objects in their vicinity. A Fence and a Privacy /wall Screen are separate uses.
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 the minimum required open space, on a site, that lies between the principal and accessory
building or structure and the nearest lot line.
Yard, Front means a yard extending across the full width of the site and
measured, as to depth, at the least horizontal distance between the front
street line and the nearest projection of the principal building as shown in
Figure.
Yard, Rear means a yard which extends the full width of a site and measured,
as to depth, at the least horizontal distance between the rear property line
and the nearest projection of any building as shown in Figure.
Yard, Side means a yard extending from the front yard to the rear yard, and
measured as to width at the least horizontal distance between the side
property line or side street line and the nearest projection of any building as
shown in the Figure.
APPENDIX A:
FORMS
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form A)| 1
APPLICATION FOR DEVELOPMENT PERMIT - RESIDENTIAL
RESIDENTIAL, ACCESSORY AND RELATED USES
APPENDIX A
FORM A
DATE RECEIVED: __________________________________
(Office Use Only)
DATE DEEMED COMPLETE: _________________________
DEVELOPMENT APPLICATION NO. ____________________
LAND USE DISTRICT (Zoning): _______________________________ APPLICATION/PROCESSING $ FEE: ____________________
PERMITTED USE: DISCRETIONARY USE: APPLICATION FEE PAID: YES Date: ________________
ROLL NO: _______________________________ RECEIPT NO. ______________________________________
BUSINESS LICENCE REQUIRED: NO: YES NO BUSINESS LICENCE NO: _____________________________
The application is made under the provisions of the Land Use Bylaw for a Development Permit in conjunction with the plans and
supporting information submitted herewith and which form part of this application.
GENERAL APPLICANT INFORMATION
APPLICANT'S NAME: _____________________________________________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
REGISTERED OWNER'S NAME (IF NOT THE APPLICANT): _______________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
APPLICANT'S INTEREST IF NOT THE REGISTERED OWNER: ___________________________________________________
(e.g., Contractor, Developer, Option to Buy, Lease, or Other)
LEGAL DESCRIPTION: Lot(s) ____________________ Block ________________ Plan ________________________
OR:
Quarter _________ Section ________ Township _________ Range ________ W _____ M
MUNICIPAL CIVIC ADDRESS: ______________________________________________________________________
Estimated Development Commencement (start) date: ________________________________________________
Estimated Development Completion date: __________________________________________________________
Estimated Value of Project: ______________________________________________________________________
METHOD OF CORRESPONDENCE (FROM THE TOWN)
Email: Unless otherwise agreed to, the Town's standard method of correspondence with an applicant to receive
all official written documentation/notices for an application is by email. Please advise and discuss with the Town
if a different method of correspondence is preferred.
PRIVACY INFORMATION
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 Access to Information Act and Protection of Privacy Act.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form A)| 2
Town of Pincher Creek Land Use Bylaw
SPECIFIC DEVELOPMENT INFORMATION
IN ORDER TO PROPERLY EVALUATE AN APPLICATION, THE DEVELOPMENT OFFICER MUST BE PROVIDED WITH A COMPLETE AND
CLEAR DESCRIPTION OF THE LAND; EVERYTHING WHICH IS PRESENTLY BUILT ON THE LAND, AND EVERYTHING WHICH IS
PROPOSED TO BE BUILT OR ERECTED ON THAT LAND.
1. TYPE of PROPOSED DEVELOPMENT (please check applicable box)
Accessory Building (e.g., garage,
carport, greenhouse or shed)
Accessory Structure (e.g., deck,
gazebo, pergola)
Single-detached Dwelling (e.g.,
site-built, prefabricated/ready-to-
move)
Manufactured/mobile home
Residential Dwelling
Multi-unit Dwelling (Rowhouse)
Semi-detached/ duplex Dwelling
Four-plex Dwelling
Addition or Renovation
Accessory Dwelling Unit
(Secondary Suite)
Moved-in Building or Dwelling
Shipping Container -Temporary
Apartment Building
Solar Collector (ground mount)
Bed & Breakfast Operation
Other: ____________________
Waiver/Variance request
* Home Occupations - use/refer to FORM B / Short-term Rentals - use/refer to FORM C / Signs - use/refer to FORM E /
Demolition - use/refer to FORM F
2.
Details of DEVELOPMENT SITE (Size/Area/Setbacks):
Indicate data on a scaled PLOT PLAN. (1" = 20' - 0-4 acres; 1" = 100' - 5-9 acres; etc.)
Principal Building
Accessory Building
Office Use
Parcel Size (existing)
m2
sq. ft.
m2
sq. ft.
Building Size (proposed)
m2
sq. ft.
m2
sq. ft.
Height of Building (proposed)
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
Office Use Only: Existing Buildings on Lot
Total Area: m2 sq. ft.
Office Use Only: Site Coverage
Percentage of Lot Occupied Area:
3.
SITE PLAN
Indicate clearly on a scaled SITE PLAN the setbacks of all buildings from the front, rear, and side yard lot
boundaries, as well as distances between all buildings/structures. New dwellings, multi-unit residences, and
ADUs will require a professional plan, but unless otherwise stipulated, it is not necessary for accessory
developments (garages, sheds, decks, gazebos, etc.) to have plans/drawings to be professionally prepared.
Plans Attached: YES NO N/A (Note: Site Plan NOT required for Bed and Breakfast, Solar Arrays)
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form A)| 3
4.
Details of PROPOSED DEVELOPMENT:
Describe the proposed development below (as indicated on the SITE PLAN) and the intended purpose of any new
buildings, additions and structures to be constructed on the lot, changes in use, or reason for any requested
waivers are needed. (if applicable).
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
5.
Details of OTHER DEVELOPMENT TYPES:
For other types of residential associated uses, such as a Bed and Breakfast Operation, Group Homes, Temporary
Shipping Containers, please describe the proposal below (if applicable, otherwise indicate N/A.).
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
_____________________________________________________________________________________________________
6.
Details of EXTERIOR BUILDING FINISH (for new or moved-in buildings):
Describe the material type(s) __________________ and colour(s) __________________________________
of all material used to finish the existing and proposed structure exteriors.
Indicate same on SKETCHES of all new structure elevations (not necessarily scale drawings).
N/A (CHECK BOX TO INDICATE N/A IF ITEM IS NOT APPLICABLE.)
7.
Details of LANDSCAPING (for new developments):
Describe generally the type of new landscaping features _______________________________________ and
fencing proposed ____________________________ , and indicate general locations ______________________
(e.g. lot street frontage) to be illustrated on a scaled SITE PLAN or LANDSCAPE PLAN.
N/A (CHECK BOX TO INDICATE N/A IF ITEM IS NOT APPLICABLE.)
8.
Details of ACCESS and DRIVEWAYS:
Describe all existing and proposed driveways and access locations on site in relation to the municipal street or
lane: (the number, location and dimensions of each) Indicate locations of same on the scaled SITE PLAN.
___________________________________________________________________________________________
N/A (CHECK BOX TO INDICATE N/A IF ITEM IS NOT APPLICABLE, SUCH AS FOR CHANGE OF USE, ACCESSORY
STRUCTURES, ETC.)
9.
Details of PARKING (describe and provide number of on-site stalls available (existing) and proposed, if any
(new): [This is required for multi-unit residential and apartment building developments.]
___________________________________________________________________________________________
N/A (CHECK BOX TO INDICATE N/A IF ITEM IS NOT APPLICABLE, SUCH AS FOR ACCESSORY STRUCTURES.)
10. Details of SITE SERVICES:
Indicate if you will be requesting new municipal water and sewer services/connections from the Town.
Water: YES NO Wastewater (sewer): YES
NO
N/A (CHECK BOX TO INDICATE N/A IF ITEM IS NOT APPLICABLE.)
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form A)| 4
Town of Pincher Creek Land Use Bylaw
11. ADDITIONAL INFORMATION: Additional information or clarification can be helpful in processing the application
without delay. You may use the space below (and the back of this form if needed) or attach a separate sheet
with such information.
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
12. ABANDONED GAS WELL INFORMATION:
Abandoned gas well activity in the province is regulated by the AER, whose Directive 079 requires abandoned wells to
be located prior to development activities to ensure that a 5 metre setback from surface structures is maintained. This
applies to developments that require a new permit from the municipality for:
-
new buildings larger than 500 ft2 (47 m2), or
-
additions to buildings that will result in the building being this size or larger.
The AER Abandoned Well dataset represents the licence status, surface location, licensee of record, and other basic
information for all abandoned wells across Alberta. The Subdivision and Development Regulation requires
developers/property owners applying for a subdivision or development permit to identify the absence or location
of abandoned wells and to include the information with the application. If abandoned gas wells are present, the owner
is required to appropriately address them in the proposed development. The AER has an online AER Abandoned Well
Map Viewer available to the public where it may view and obtain this information from the AER website at: www.aer.ca
(If needed, you may contact the AER Customer Contact Centre by telephone at: 1-855-297-8311 (toll-free) or by e-
mail at: Inquiries@aer.ca
By signing this form, I as the applicant, acknowledge I have read and understand the above statement and I have access
to view and obtain the AER information and map, and I certify that there are no abandoned gas wells on the land
proposed for development. I further certify that, if I am not the registered owner, the registered owner of the land
described above is aware of and knowledgeable of the above.
Applicant Initial: _____________
14. AUTHORIZATION AND SIGNATURES
By signing this form, I acknowledge I have read the first page of the application and am aware the application and
related file contents will become available to government/other agencies and the public and are subject to the privacy
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
I have read and understand the terms noted below and hereby apply for permission to carry out the development
described above and on the attached plans and specifications. I further certify that, if I am not the registered
owner, the registered owner of the land described above is aware of, and in agreement with this application.
By signing this form, I hereby authorize representatives of the Town of Pincher Creek to enter my land for the
purpose of conducting a site inspection in connection with this application.
Date: _______________________
Applicant Signature: ___________________________________
Registered Owner:
___________________________
_________________________
(Required, if different from applicant)
Print Name
Signature
Or
Written approval has been submitted by the registered owner stating that the applicant is authorized to
sign this application form.
Date written approval was submitted: _________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form A)| 5
TERMS:
1. Subject to the provisions of the Land Use Bylaw of the Town of Pincher Creek, the term "development" includes the
undertaking of any change in the use of buildings or land.
2. Every application for a permit shall be accompanied by a non-refundable processing fee as established in the Fee Schedule
Bylaw of the municipality.
3. Although the Development 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 and is without prejudice to the decision in connection with the formal application.
4. Except in limited circumstances for permitted uses, all development application decisions are subject to an appeal period for
21 days after the decision on the application has been made. It must be clearly understood that any action taken by the
applicant before a development permit is issued and any development by the applicant within 21 days after a decision has
been made on a Development Permit, is at one's own risk and is subject to fines and/or enforcement action.
5. Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted with this
application as required, together with a plan sufficient to identify the land which may be in a digital format (such as PDF
document). It is desirable that the plans and drawings should be on a scale appropriate to the development. However, where
stipulated for certain developments it is necessary for plans and drawings to be professionally prepared.
6. If a decision is not made within 40 days from the date of the receipt of the application deemed to be complete in its final
form, or within such longer period as the applicant may agree in writing, the application may be deemed to be refused and
the applicant may exercise their right of appeal as a deemed refusal at the end of the 40-day period.
7. Construction undertaken subsequent to approval of this development permit application is regulated by government
legislation. The applicant/owner/developer assumes all responsibilities pertaining to construction plan submissions, approvals
and inspections as may be required by the appropriate Safety Codes inspector for the Town of Pincher Creek.
8. The applicant attests they have submitted true particulars concerning the completion of the proposed development and agree
to comply in all respects with any conditions that may be attached to any development permit that is issued and with any
other bylaws that are applicable. The applicant understands and is aware that they may be required to pay for all local
improvement costs, which include drainage, road construction, sewer and water line extensions, utility connection fees and
installation costs at the present established rate.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form A)| 6
Town of Pincher Creek Land Use Bylaw
DEVELOPMENT PERMIT APPLICATION CHECKLIST:
Application Form Completed & Signed
Application Fee Paid
AER Abandoned Well Acknowledgment & Information Checked
Site Plan Provided (with parking spaces/stalls) - unless for a change in use, then may not be required
Building Elevations (facade) Plans (for new construction or if requested)
Floor Plans of Building (if requested)
Copy of Certificate of Title (if required or requested)
Grading/Drainage or Storm Water Management Plan (if requested)
Detailed Servicing Plan (if requested)
Detailed Landscaping Plan (for commercial/industrial/institutional, or if requested)
Sign Drawings with Dimensions (for SIGNS)
OTHER Information as Requested by Development Officer
SITE PLAN INFORMATION
Site Plan. When a Site Plan is required, it 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 of driveway(s) and number of off-street parking spaces
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form B)| 1
APPLICATION FOR A HOME OCCUPATION
APPENDIX A
FORM B
DATE RECEIVED: __________________________________
(Office Use Only)
DATE DEEMED COMPLETE: ________________________
DEVELOPMENT APPLICATION NO. ____________________
LAND USE DISTRICT (Zoning): _______________________________ APPLICATION/PROCESSING $ FEE: ____________________
HOME OCC - CLASS 1: HOME OCC - CLASS 2: APPLICATION FEE PAID: YES Date: ________________
ROLL NO: _______________________________ RECEIPT NO. ______________________________________
BUSINESS LICENCE REQUIRED: NO: YES NO BUSINESS LICENCE NO: _____________________________
NOTE: Bed and Breakfasts are a separate use and are processed with Form A. Short-term Rentals are separate and use Form C.
GENERAL APPLICANT INFORMATION
APPLICANT'S NAME: _____________________________________________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
REGISTERED OWNER'S NAME (IF NOT THE APPLICANT): _______________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
APPLICANT'S INTEREST IF NOT THE REGISTERED OWNER: ___________________________________________________
(e.g., Contractor, Developer, Option to Buy, Lease, or Other)
LEGAL DESCRIPTION: Lot(s) ____________________ Block ________________ Plan ________________________
OR:
Quarter ________ Section _________ Township _________ Range ________ W ______ M
MUNICIPAL CIVIC ADDRESS: _____________________________________________________________________
Estimated Development Commencement (start) date: ________________________________________________
Estimated Development Completion date: _________________________________________________________
Estimated Value of Project: ______________________________________________________________________
METHOD OF CORRESPONDENCE (FROM THE TOWN)
Email: Unless otherwise agreed to, the Town's standard method of correspondence with an applicant to receive
all official written documentation/notices for an application is by email. Please advise and discuss with the Town
if a different method of correspondence is preferred.
PRIVACY INFORMATION
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 Access to Information Act and Protection of Privacy Act.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form B)| 2
Town of Pincher Creek Land Use Bylaw
DETAILS OF HOME-BASED BUSINESS DEVELOPMENT
Proposed Home Occupation Use Being Applied For (e.g., type of business): ________________________________
Proposed Business Name: ________________________________________________________________________
Hours of Operation: __________________ (am/pm) to ___________________________ (am/pm)
Days of the Week: _________________________________________________________
Is your business associated with a Professional Act (e.g. accountant, architect, psychologist): Yes No
Client/patron visits to residence:
Yes
No If Yes, indicate how many per day: ______
How many per week: _________________
On-site (off-street) Parking Available:
Yes
No If Yes, indicate number of spaces: ______
Storage of Goods on Property Required:
Yes
No If Yes, indicate what is to be stored on next
page (e.g., supplies, product, etc.).
Equipment on Property Required:
Yes
No If Yes, indicate type: __________________
Additional Staff Required:
Yes
No If Yes, provide the number of staff: _______
Are there any associated Commercial Vehicles: Yes
No If Yes, indicate type: _________ (e.g. 1 ton)
If Yes, provide the number of Commercial
Vehicles: _______
Are there any associated Commercial Trailers:
Yes
No If Yes, indicate type: ___________________
If Yes, provide the number of Commercial
Trailers: _______
Is there a Secondary Suite in the dwelling:
Yes
No
Will Noise be Generated:
Yes
No If Yes, please describe: ________________
Will there be any flammable or hazardous material on the premises as a result of the business? Yes No
If Yes, please describe: ______________________________________________________________
SIGNAGE: (Is home business signage required?): Yes No
APPLICANT'S NARRATIVE SUBMISSION: Please generally describe your business, the activity to occur on site, and
why it is suitable to operate out of the subject residence. (Attach a separate sheet if necessary.)
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form B)| 3
AUTHORIZATION AND SIGNATURES
By signing this form, I acknowledge I have read the first page of the application and am aware the application and related
file contents will become available to government/other agencies and the public and are subject to the privacy provisions of
the Freedom of Information and Protection of Privacy Act (FOIP).
I have read and understand the terms noted below and hereby apply for permission to carry out the development
described above and on the attached plans and specifications. I further certify that, if I am not the registered owner,
the registered owner of the land described above is aware of, and in agreement with this application. By signing
this form, I hereby authorize representatives of the Town of Pincher Creek to enter my land for the purpose of
conducting a site inspection in connection with this application.
Date: _______________________
Applicant Signature: ___________________________________
Registered Owner:
___________________________
_________________________
(Required, if different from applicant)
Print Name
Signature
Or
Written approval has been submitted by the registered owner stating that the applicant is authorized to sign
this application form.
Date written approval was submitted: _________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form B)| 4
Town of Pincher Creek Land Use Bylaw
TERMS:
1. Subject to the provisions of the Land Use Bylaw of the Town of Pincher Creek, the term "development" includes the
undertaking of any change in the use of buildings or land.
2. Every application for a permit shall be accompanied by a non-refundable processing fee as established in the Fee Schedule
Bylaw of the municipality.
3. Although the Development 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 and is without prejudice to the decision in connection with the formal application.
4. Except in limited circumstances for permitted uses, all development application decisions are subject to an appeal period for
21 days after the decision on the application has been made. It must be clearly understood that any action taken by the
applicant before a development permit is issued and any development by the applicant within 21 days after a decision has
been made on a Development Permit, is at one's own risk and is subject to fines and/or enforcement action.
5. Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted with this
application as required, together with a plan sufficient to identify the land which may be in a digital format (such as PDF
document). It is desirable that the plans and drawings should be on a scale appropriate to the development. However, where
stipulated for certain developments it is necessary for plans and drawings to be professionally prepared.
6. If a decision is not made within 40 days from the date of the receipt of the application deemed to be complete in its final
form, or within such longer period as the applicant may agree in writing, the application may be deemed to be refused and
the applicant may exercise their right of appeal as a deemed refusal at the end of the 40-day period.
7. Construction undertaken subsequent to approval of this development permit application is regulated by government
legislation. The applicant/owner/developer assumes all responsibilities pertaining to construction plan submissions, approvals
and inspections as may be required by the appropriate Safety Codes inspector for the Town of Pincher Creek.
8. The applicant attests they have submitted true particulars concerning the completion of the proposed development and agree
to comply in all respects with any conditions that may be attached to any development permit that is issued and with any
other bylaws that are applicable. The applicant understands and is aware that they may be required to pay for all local
improvement costs, which include drainage, road construction, sewer and water line extensions, utility connection fees and
installation costs at the present established rate.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form C)| 1
APPLICATION FOR A SHORT-TERM RENTAL
APPENDIX A
FORM C
DATE RECEIVED: __________________________________
(Office Use Only)
DATE DEEMED COMPLETE: ________________________
DEVELOPMENT APPLICATION NO. ____________________
LAND USE DISTRICT (Zoning): _______________________________ APPLICATION/PROCESSING $ FEE: ____________________
SHORT-TERM RENTAL TYPE 2: APPLICATION FEE PAID: YES Date: ________________
ROLL NO: _______________________________ RECEIPT NO. ______________________________________
BUSINESS LICENCE REQUIRED: YES NO BUSINESS LICENCE NO: _____________________________
NOTE: Bed and Breakfasts are a separate use and are processed with Form A. Home Occupations are separate and use Form B.
GENERAL APPLICANT INFORMATION
APPLICANT'S NAME: _____________________________________________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
REGISTERED OWNER'S NAME (IF NOT THE APPLICANT): _______________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
APPLICANT'S INTEREST IF NOT THE REGISTERED OWNER: ___________________________________________________
(e.g., Contractor, Developer, Option to Buy, Lease, or Other)
LEGAL DESCRIPTION: Lot(s) ____________________ Block ________________ Plan ________________________
OR:
Quarter ________ Section _________ Township _________ Range ________ W ______ M
MUNICIPAL CIVIC ADDRESS: _____________________________________________________________________
Estimated Development Commencement (start) date: ________________________________________________
Estimated Development Completion date: _________________________________________________________
Estimated Value of Project: ______________________________________________________________________
METHOD OF CORRESPONDENCE (FROM THE TOWN)
Email: Unless otherwise agreed to, the Town's standard method of correspondence with an applicant to receive
all official written documentation/notices for an application is by email. Please advise and discuss with the Town
if a different method of correspondence is preferred.
PRIVACY INFORMATION
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 Access to Information Act and Protection of Privacy Act.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form C)| 2
Town of Pincher Creek Land Use Bylaw
DETAILS OF SHORT-TERM RENTAL DEVELOPMENT
Will the owner be occupying the dwelling while it is being rented as a Short-term Rental? Yes No
Will the dwelling unit be rented to individuals for a period of less than 28 continuous days? Yes No
Is the dwelling a single-detached type? Yes No If No, what type (e.g. semi-detached, row house, etc.)
_____________________________________________
How many bedrooms are in the dwelling unit? __________ How many guests (occupancy) is proposed? _________
Is there a Secondary Suite in the dwelling unit? Yes No
Will pets be permitted to stay in the unit? Yes No
Is the yard completely fenced? Yes No
How many existing onsite (off-street) parking spaces are available: ________ Any additional proposed? _________
Will the property and rental use provide outdoor amenities (e.g. hot tubs or fire pits)? Yes No
Please describe any accessory amenity services offered: ____________________________________________
Will the business have a local property manager available to manage the rental/guests? Yes No
SIGNAGE: (Is signage to identify the rental property required?): Yes No
ADDITIONAL INFORMATION or DESCRIPTION: Please provide any additional details of the property or proposed
development that might be relevant for the Development Authority.
___________________________________________________________________________________
___________________________________________________________________________________
The Applicant of a Short-term Rental is advised that they are responsible for:
-
Contacting the municipal Safety Codes officials and complying with requirements applicable to the dwelling or
unit conforming to the National Building Code - Alberta Edition as required, particularly regarding fire safety.
-
Complying with Alberta Government requirements relating to the provincial tourism levy on accommodation.
The owner/operator will be required to show verification of compliance to the designated officer or the MDSA
when requested.
-
Having valid insurance coverage for the dwelling or dwelling unit being used as a commercial rental
accommodation property. The owner/operator will be required to show verification of such when requested by
the designated officer or MDSA.
-
Complying with any requirements relating to the Public Health Act, Housing Regulation as applicable.
DECLARATION OF APPLICANT/LANDOWNER
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 short-term rental. I 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 is collected under the authority of the Town of Pincher Creek for development. 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 be available to the public and are subject to the privacy provisions of the Freedom of Information and
Protection of Privacy Act (FOIP). For more information contact the Town of Pincher Creek FOIP Coordinator at 403-627-3156.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form C)| 3
AUTHORIZATION AND SIGNATURES
By signing this form, I acknowledge I have read the first page of the application and am aware the application and
related file contents will become available to government/other agencies and the public and are subject to the privacy
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
I have read and understand the terms noted below and hereby apply for permission to carry out the development
described above and on the attached plans and specifications. I further certify that, if I am not the registered
owner, the registered owner of the land described above is aware of, and in agreement with this application.
By signing this form, I hereby authorize representatives of the Town of Pincher Creek to enter my land for the
purpose of conducting a site inspection in connection with this application.
Date: _______________________
Applicant Signature: ___________________________________
Registered Owner:
___________________________
_________________________
(Required, if different from applicant)
Print Name
Signature
Or
Written approval has been submitted by the registered owner stating that the applicant is authorized to sign
this application form.
Date written approval was submitted: _________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form C)| 4
Town of Pincher Creek Land Use Bylaw
TERMS:
1. Subject to the provisions of the Land Use Bylaw of the Town of Pincher Creek, the term "development" includes the
undertaking of any change in the use of buildings or land.
2. Every application for a permit shall be accompanied by a non-refundable processing fee as established in the Fee Schedule
Bylaw of the municipality.
3. Although the Development 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 and is without prejudice to the decision in connection with the formal application.
4. Except in limited circumstances for permitted uses, all development application decisions are subject to an appeal period for
21 days after the decision on the application has been made. It must be clearly understood that any action taken by the
applicant before a development permit is issued and any development by the applicant within 21 days after a decision has
been made on a Development Permit, is at one's own risk and is subject to fines and/or enforcement action.
5. Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted with this
application as required, together with a plan sufficient to identify the land which may be in a digital format (such as PDF
document). It is desirable that the plans and drawings should be on a scale appropriate to the development. However, where
stipulated for certain developments it is necessary for plans and drawings to be professionally prepared.
6. If a decision is not made within 40 days from the date of the receipt of the application deemed to be complete in its final
form, or within such longer period as the applicant may agree in writing, the application may be deemed to be refused and
the applicant may exercise their right of appeal as a deemed refusal at the end of the 40-day period.
7. Construction undertaken subsequent to approval of this development permit application is regulated by government
legislation. The applicant/owner/developer assumes all responsibilities pertaining to construction plan submissions, approvals
and inspections as may be required by the appropriate Safety Codes inspector for the Town of Pincher Creek.
8. The applicant attests they have submitted true particulars concerning the completion of the proposed development and agree
to comply in all respects with any conditions that may be attached to any development permit that is issued and with any
other bylaws that are applicable. The applicant understands and is aware that they may be required to pay for all local
improvement costs, which include drainage, road construction, sewer and water line extensions, utility connection fees and
installation costs at the present established rate.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form D)| 1
APPLICATION FOR DEVELOPMENT PERMIT - NON-RESIDENTIAL
COMMERCIAL / INDUSTRIAL / INSTITUTIONAL
APPENDIX A
FORM D
DATE RECEIVED: __________________________________
(Office Use Only)
DATE DEEMED COMPLETE: _________________________
DEVELOPMENT APPLICATION NO. ____________________
LAND USE DISTRICT (Zoning): _______________________________ APPLICATION/PROCESSING $ FEE: ____________________
PERMITTED USE: DISCRETIONARY USE: APPLICATION FEE PAID: YES Date: ________________
ROLL NO: _______________________________ RECEIPT NO. ______________________________________
BUSINESS LICENCE REQUIRED: YES NO BUSINESS LICENCE NO: _____________________________
LANDSCAPING SECURITY TAKEN: YES NO NOT REQUIRED SECURITY $ AMOUNT: ____________________
The application is made under the provisions of the Land Use Bylaw for a Development Permit in conjunction with the plans and
supporting information submitted herewith and which form part of this application.
GENERAL APPLICANT INFORMATION
APPLICANT'S NAME: _____________________________________________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
REGISTERED OWNER'S NAME (IF NOT THE APPLICANT): _______________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
APPLICANT'S INTEREST IF NOT THE REGISTERED OWNER: ___________________________________________________
(e.g., Contractor, Developer, Option to Buy, Lease, or Other)
LEGAL DESCRIPTION: Lot(s) ____________________ Block ________________ Plan ________________________
OR:
Quarter ________ Section _________ Township _________ Range ________ W ______ M
MUNICIPAL CIVIC ADDRESS: _____________________________________________________________________
Estimated Development Commencement (start) date: ________________________________________________
Estimated Development Completion date: _________________________________________________________
Estimated Value of Project: ______________________________________________________________________
METHOD OF CORRESPONDENCE (FROM THE TOWN)
Email: Unless otherwise agreed to, the Town's standard method of correspondence with an applicant to receive
all official written documentation/notices for an application is by email. Please advise and discuss with the Town
if a different method of correspondence is preferred.
PRIVACY INFORMATION
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 Access to Information Act and Protection of Privacy Act.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form D)| 2
Town of Pincher Creek Land Use Bylaw
SPECIFIC DEVELOPMENT INFORMATION
IN ORDER TO PROPERLY EVALUATE AN APPLICATION, THE DEVELOPMENT OFFICER MUST BE PROVIDED WITH A COMPLETE AND CLEAR
DESCRIPTION OF THE LAND; EVERYTHING WHICH IS PRESENTLY BUILT ON THE LAND, AND EVERYTHING WHICH IS TO BE BUILT ON THAT LAND.
1. TYPE of PROPOSED DEVELOPMENT (please check applicable box)
COMMERCIAL
INDUSTRIAL
INSTITUTIONAL
Accessory Building, e.g., garage,
storage facility, shed, greenhouse
Accessory Structure, e.g., deck, retail
display rack, gazebo
Accessory Building, e.g., shed,
storage facility, fabric building
Accessory Structure, e.g., deck,
retail display rack, gazebo
Accessory Building, e.g., shed,
storage facility, fabric building
Accessory Structure, e.g., deck,
gazebo, pergola
Addition
Addition
Addition
Commercial Building or Use
(e.g. retail, sales, service office, food
establishment, financial service, etc.)
Mixed-use/Multi-use development
Moved-in Building
Intensification or Change of Use
Health Facility, Medical, Dental
Shipping Container
Other: ____________________
Waiver/Variance request
Industrial Building or Use
(e.g. contractor, manufacturing,
processing, trade, storage, etc.)
Moved-in Building
Intensification or Change of Use
Outdoor Storage
Shipping Container
Other: ____________________
Waiver/Variance request
Institutional Building or Use
(e.g. government office, seniors
lodge, group care home,
healthcare facility, etc.)
Moved-in Building
Intensification or Change of Use
Health Facility, Medical, Dental
Shipping Container
Other: ____________________
Waiver/Variance request
* Signs - use/refer to FORM E / Demolition - use/refer to FORM F
2.
Details of DEVELOPMENT SITE (Size/Area/Setbacks):
Indicate data on a scaled PLOT PLAN. (1" = 20' - 0-4 acres; 1" = 100' - 5-9 acres; etc.)
Principal Building
Accessory Building
Office Use
Parcel Size (existing)
m2
sq. ft.
m2
sq. ft.
Building Size (proposed)
m2
sq. ft.
m2
sq. ft.
Height of Building (proposed)
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
Office Use Only: Existing Buildings on Lot
Total Area: m2 sq. ft.
Office Use Only: Site Coverage
Percentage of Lot Occupied Area:
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form D)| 3
3.
SITE PLAN
Indicate clearly on a scaled SITE PLAN the setbacks of all buildings from the front, rear, and side yard lot
boundaries, as well as distances between all buildings/structures. New commercial/industrial developments and
institutional developments will require a professional plan, but unless otherwise stipulated, it is not necessary for
accessory developments (sheds, decks, gazebos, etc.) to have plans/drawings to be professionally prepared.
Plans Attached: YES NO N/A (Note: Site Plan NOT required for Change in Use permits within a building)
4.
Details of EXISTING DEVELOPMENT:
Describe the existing use (as indicated on the SITE PLAN) and how many buildings/structures are presently
located on the lot; noting the use(s) / type(s), dimensions, floor area(s) and which one(s) [if any] are to be
removed/relocated. If the lot has no improvements and is presently vacant, please describe as "vacant."
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
5.
Details of PROPOSED DEVELOPMENT:
Describe the proposed development and (as indicated on the SITE PLAN) how many new buildings, additions and
structures are to be constructed on the lot, noting the use(s), type(s), dimension and floor area(s) of each.
Describe below any proposed outdoor storage areas, renovations, changes in use, or additions (if applicable).
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
6.
Details of EXTERIOR BUILDING FINISH (for new or moved-in buildings):
Describe the material type(s) __________________ and colour(s) __________________________________
of all material used to finish the existing and proposed structure exteriors.
Indicate same on SKETCHES of all new structure elevations (not necessarily scale drawings).
N/A (CHECK BOX TO INDICATE N/A IF ITEM IS NOT APPLICABLE.)
7.
Details of LANDSCAPING (for new developments):
Describe generally the type of new landscaping features ________________________________________ and
fencing proposed ____________________________ , and indicate general locations _____________________
(e.g. lot street frontage) to be illustrated on a scaled SITE PLAN or LANDSCAPE PLAN.
N/A (CHECK BOX TO INDICATE N/A IF ITEM IS NOT APPLICABLE.)
8.
Details of ACCESS and DRIVEWAYS:
Describe all existing and proposed driveways and access locations on-site: (the number, location and dimensions
of each) Indicate locations of same on the scaled SITE PLAN or LANDSCAPE PLAN.
___________________________________________________________________________________________
N/A (CHECK BOX TO INDICATE N/A IF ITEM IS NOT APPLICABLE, SUCH AS FOR ACCESSORY STRUCTURES, ETC.)
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form D)| 4
Town of Pincher Creek Land Use Bylaw
9.
PARKING and LOADING Information
(a)
Details of Vehicle Parking and Access: Describe the number ____________ and size (dimensions)
_________________ of all existing and proposed off-street parking spaces, and driveways/accesses
____________________ on site (or N/A if not applicable such as for an accessory use).
(Indicate locations of same on a scaled SITE PLAN.)
(b) Loading Areas: Is a dedicated loading space/area available (existing)? No Yes
Is a new dedicated loading space/area proposed? No Yes
If yes, please specify: ____________________________________________________________
(Indicate locations of same and building loading doors on a scaled SITE PLAN.)
(c)
Drive-through Uses: For a commercial use, does the proposed development include a drive-through
component which requires a dedicated vehicle-stacking lane? No Yes
If yes, please specify: ____________________________________________________________
(Indicate locations of same on a scaled SITE PLAN.)
10. OUTDOOR STORAGE: Is outdoor storage or a display area required or proposed? No Yes
If yes, please specify: ____________________________________________________________
(Indicate locations of same on a scaled SITE PLAN.)
11. TRUCKS AND HEAVY EQUIPMENT: Does the business involve heavy trucks, trailers, machinery and equipment
being stored onsite or coming and going from the business on a daily basis? ? No Yes
12. MANUFACTURING AND PROCESSING DEVELOPMENTS
(a) Is any onsite manufacturing or processing involved in the operation of the development? No Yes
(b) Will be there be any processing, fabrication, or assembly occurring outside in the yard? No Yes
(c) Will the development activity produce any smoke, dust, odours, glare, vibration, noise? No Yes
If yes to any of the above, please describe: _______________________________________________________
13. SITE SERVICE Details:
Indicate if you will be requesting new municipal water and sewer services/connections from the Town.
Water: No Yes Wastewater (sewer): No Yes
If yes, please specify: ____________________________________________________________
N/A (CHECK BOX TO INDICATE N/A IF ITEM IS NOT APPLICABLE.)
14. COMMERCIAL/INDUSTRIAL BUSINESS DETAILS
(a) HOURS: What are the typical hours of operation of the business and how many days a week does it operate?
_______________________________________________________________________
(b) NUMBER OF EMPLOYEES: What are the typical number of employees onsite during business hours?
_______________________________________________________________________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form D)| 5
15. ADDITIONAL INFORMATION: Additional information or clarification can be helpful in processing the application
without delay. You may use the space below (and the back of this form if needed) or attach a separate sheet
with such information.
______________________________________________________________________________________________
______________________________________________________________________________________________
16. ABANDONED GAS WELL INFORMATION:
Information related to abandoned gas well activity in the province is regulated by the AER, whose Directive 079 requires
abandoned wells to be located prior to development activities to ensure that a 5 metre setback from surface structures is
maintained. This applies to developments that require a new permit from the municipality for:
-
new buildings larger than 500 ft2 (47 m2), or
-
additions to buildings that will result in the building being this size or larger.
The AER Abandoned Well dataset represents the licence status, surface location, licensee of record, and other basic
information for all abandoned wells across Alberta. The Subdivision and Development Regulation requires
developers/property owners applying for a subdivision or development permit to identify the absence or location
of abandoned wells and to include the information with the application. If abandoned gas wells are present, the owner is
required to appropriately address them in the proposed development. The AER has an online AER Abandoned Well Map
Viewer available to the public where it may view and obtain this information from the AER website at: www.aer.ca (If
needed, you may contact the AER Customer Contact Centre by telephone at: 1-855-297-8311 (toll-free) or by e-mail at:
Inquiries@aer.ca
By signing this form, I as the applicant, acknowledge I have read and understand the above statement and I have access to
view and obtain the AER information and map, and I certify that there are no abandoned gas wells on the land proposed
for development. I further certify that, if I am not the registered owner, the registered owner of the land described above is
aware of and knowledgeable of the above.
Applicant Initial: _____________
17. AUTHORIZATION AND SIGNATURES
By signing this form, I acknowledge I have read the first page of the application and am aware the application and
related file contents will become available to government/other agencies and the public and are subject to the privacy
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
I have read and understand the terms noted below and hereby apply for permission to carry out the development
described above and on the attached plans and specifications. I further certify that, if I am not the registered
owner, the registered owner of the land described above is aware of, and in agreement with this application.
By signing this form, I hereby authorize representatives of the Town of Pincher Creek to enter my land for the
purpose of conducting a site inspection in connection with this application.
Date: _______________________
Applicant Signature: ___________________________________
Registered Owner:
___________________________
_________________________
(Required, if different from applicant)
Print Name
Signature
Or
Written approval has been submitted by the registered owner stating that the applicant is authorized to sign
this application form.
Date written approval was submitted: _________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form D)| 6
Town of Pincher Creek Land Use Bylaw
TERMS:
1. Subject to the provisions of the Land Use Bylaw of the Town of Pincher Creek, the term "development" includes the
undertaking of any change in the use of buildings or land.
2. Every application for a permit shall be accompanied by a non-refundable processing fee as established in the Fee Schedule
Bylaw of the municipality.
3. Although the Development 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 and is without prejudice to the decision in connection with the formal application.
4. Except in limited circumstances for permitted uses, all development application decisions are subject to an appeal period for
21 days after the decision on the application has been made. It must be clearly understood that any action taken by the
applicant before a development permit is issued and any development by the applicant within 21 days after a decision has
been made on a Development Permit, is at one's own risk and is subject to fines and/or enforcement action.
5. Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted with this
application as required, together with a plan sufficient to identify the land which may be in a digital format (such as PDF
document). It is desirable that the plans and drawings should be on a scale appropriate to the development. However, where
stipulated for certain developments it is necessary for plans and drawings to be professionally prepared.
6. If a decision is not made within 40 days from the date of the receipt of the application deemed to be complete in its final
form, or within such longer period as the applicant may agree in writing, the application may be deemed to be refused and
the applicant may exercise their right of appeal as a deemed refusal at the end of the 40-day period.
7. Construction undertaken subsequent to approval of this development permit application is regulated by government
legislation. The applicant/owner/developer assumes all responsibilities pertaining to construction plan submissions, approvals
and inspections as may be required by the appropriate Safety Codes inspector for the Town of Pincher Creek.
8. The applicant attests they have submitted true particulars concerning the completion of the proposed development and agree
to comply in all respects with any conditions that may be attached to any development permit that is issued and with any
other bylaws that are applicable. The applicant understands and is aware that they may be required to pay for all local
improvement costs, which include drainage, road construction, sewer and water line extensions, utility connection fees and
installation costs at the present established rate.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form D)| 7
DEVELOPMENT PERMIT APPLICATION CHECKLIST:
Application Form Completed & Signed
Application Fee Paid
AER Abandoned Well Acknowledgment & Information Checked
Site Plan Provided (with parking spaces/stalls) - unless for a change in use, then may not be required
Building Elevations (facade) Plans (for new construction or if requested)
Floor Plans of Building (if requested)
Copy of Certificate of Title (if required or requested)
Grading/Drainage or Storm Water Management Plan (if requested)
Detailed Servicing Plan (if requested)
Detailed Landscaping Plan (for commercial/industrial/institutional, or if requested)
Sign Drawings with Dimensions (for SIGNS)
OTHER Information as Requested by Development Officer
SITE PLAN INFORMATION
Site Plan. When a Site Plan is required, it 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 dwelling 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 of driveway(s) and number of off-street parking spaces
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form E)| 1
APPLICATION FOR A SIGN
APPENDIX A
FORM E
DATE RECEIVED: __________________________________
(Office Use Only)
DATE DEEMED COMPLETE: ________________________
DEVELOPMENT APPLICATION NO. ____________________
APPLICATION/PROCESSING $ FEE: ____________________
LAND USE DISTRICT (Zoning): _______________________________ APPLICATION FEE PAID: YES Date: ________________
ROLL NO: _______________________________ RECEIPT NO. ______________________________________
BUSINESS LICENCE REQUIRED: YES NO BUSINESS LICENCE NO: _____________________________
GENERAL APPLICANT INFORMATION
APPLICANT'S NAME: _____________________________________________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
REGISTERED OWNER'S NAME (IF NOT THE APPLICANT): _______________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
APPLICANT'S INTEREST IF NOT THE REGISTERED OWNER: ___________________________________________________
(e.g., Contractor, Developer, Option to Buy, Lease, or Other)
LEGAL DESCRIPTION: Lot(s) ____________________ Block ________________ Plan ________________________
OR:
Quarter ________ Section _________ Township _________ Range ________ W ______ M
MUNICIPAL CIVIC ADDRESS: _____________________________________________________________________
Estimated Development Commencement (start) date: ________________________________________________
Estimated Development Completion date: _________________________________________________________
Estimated Value of Project: ______________________________________________________________________
METHOD OF CORRESPONDENCE (FROM THE TOWN)
Email: Unless otherwise agreed to, the Town's standard method of correspondence with an applicant to receive
all official written documentation/notices for an application is by email. Please advise and discuss with the Town
if a different method of correspondence is preferred.
Type of Sign:
Freestanding Multi-tenant Freestanding Canopy/awning Fascia/Wall Portable
Roof mounted Projecting/Overhanging Fascia-Roof Mounted Directional/information
Billboard Wall mural/painted Balloon Other ____________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form E)| 2
Town of Pincher Creek Land Use Bylaw
PRIVACY INFORMATION
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 Access to Information Act and Protection of Privacy Act.
1.
SIGN DIMENSIONS:
Length: ____________m Width: ____________m Area of proposed sign: _______________ m²
Height from Grade/Ground to Bottom of Sign: ______________ m
Height from Grade/Ground to Top of Sign: ____________ m
-
Please show the location(s) on the lot for the proposed sign(s) on a Site
Plan (for non-building, such as free standing).
-
Please show the area on the building elevation plans, with dimensions
for the proposed sign(s) (for fascia/wall, canopy, projecting, window,
etc.)
-
Note: The submitted sign design plans must include the copy (message) or illustration proposed for the
sign.
2.
Will the sign be illuminated (lighted)?
No
Yes
NOTE: Flashing and Running signs are NOT ALLOWED
3.
Will the sign include changeable copy, animation, or digital/video messages?
No
Yes
4.
Are there any existing signs on the lot?
No
Yes
If yes, describe the type, size and height of each existing sign and identify their location(s) on a site plan.
_________________________________________________________________________________________
_________________________________________________________________________________________
_________________________________________________________________________________________
5. Will the sign be advertising the principal business associated with the subject property? No
Yes
6.
Will the sign be advertising third party businesses (businesses at another location) No Yes
If yes, please describe: _______________________________________________________________________
7.
Please describe any other details or information that you want to provide the Town regarding the sign or site.
_________________________________________________________________________________________
_________________________________________________________________________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form E)| 3
DECLARATION OF APPLICANT/LANDOWNER
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. I 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 is collected under the authority of the Town of Pincher Creek for development. 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 privacy provisions of the Freedom of Information
and Protection of Privacy Act (FOIP). For more information contact the Town of Pincher Creek FOIP Coordinator at 403-627-3156.
Date: _______________________
Applicant Signature: ___________________________________
Registered Owner:
___________________________
_________________________
(Required, if different from applicant)
Print Name
Signature
Or
Written approval has been submitted by the registered owner stating that the applicant is authorized to
sign this application form.
Date written approval was submitted: _________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form E)| 4
Town of Pincher Creek Land Use Bylaw
TERMS:
1. Subject to the provisions of the Land Use Bylaw of the Town of Pincher Creek, the term "development" includes the
undertaking of any change in the use of buildings or land.
2. Every application for a permit shall be accompanied by a non-refundable processing fee as established in the Fee Schedule
Bylaw of the municipality.
3. Although the Development 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 and is without prejudice to the decision in connection with the formal application.
4. Except in limited circumstances for permitted uses, all development application decisions are subject to an appeal period for
21 days after the decision on the application has been made. It must be clearly understood that any action taken by the
applicant before a development permit is issued and any development by the applicant within 21 days after a decision has
been made on a Development Permit, is at one's own risk and is subject to fines and/or enforcement action.
5. Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted with this
application as required, together with a plan sufficient to identify the land which may be in a digital format (such as PDF
document). It is desirable that the plans and drawings should be on a scale appropriate to the development. However, where
stipulated for certain developments it is necessary for plans and drawings to be professionally prepared.
6. If a decision is not made within 40 days from the date of the receipt of the application deemed to be complete in its final
form, or within such longer period as the applicant may agree in writing, the application may be deemed to be refused and
the applicant may exercise their right of appeal as a deemed refusal at the end of the 40-day period.
7. Construction undertaken subsequent to approval of this development permit application is regulated by government
legislation. The applicant/owner/developer assumes all responsibilities pertaining to construction plan submissions, approvals
and inspections as may be required by the appropriate Safety Codes inspector for the Town of Pincher Creek.
8. The applicant attests they have submitted true particulars concerning the completion of the proposed development and agree
to comply in all respects with any conditions that may be attached to any development permit that is issued and with any
other bylaws that are applicable. The applicant understands and is aware that they may be required to pay for all local
improvement costs, which include drainage, road construction, sewer and water line extensions, utility connection fees and
installation costs at the present established rate.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form F)| 1
DEMOLITION OR REMOVAL PERMIT FORM
APPENDIX A
FORM F
(Office Use Only)
APPLICATION RECEIVED DATE: ____________________
APPLICATION NO.: __________________________
DATE DEEMED COMPLETE: ______________________
ROLL NO. _____________________________
RECEIPT NO. _________________________________
FEES SUBMITTED $: ________________________
SECURITY PROVIDED? No
Yes
IF YES, AMOUNT $ OF SECURITY: ______________
GENERAL APPLICANT INFORMATION
APPLICANT'S NAME: _____________________________________________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
REGISTERED OWNER'S NAME (IF NOT THE APPLICANT): _______________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
APPLICANT'S INTEREST IF NOT THE REGISTERED OWNER: ___________________________________________________
(e.g., Contractor, Developer, Option to Buy, Lease, or Other)
LEGAL DESCRIPTION: Lot(s) ____________________ Block ________________ Plan ________________________
OR:
Quarter ________ Section _________ Township _________ Range ________ W ______ M
MUNICIPAL CIVIC ADDRESS: _____________________________________________________________________
LAND USE DISTRICT (Zoning): ______________________________________________________________________________
WHAT IS THE EXISTING USE?: ______________________________________________________________________________
Estimated Demolition Commencement (start) Date: _________________________________________________
Estimated Demolition Completion Date: ___________________________________________________________
Estimated Value of Project: ______________________________________________________________________
METHOD OF CORRESPONDENCE (FROM THE TOWN)
Email: Unless otherwise agreed to, the Town's standard method of correspondence with an applicant to receive
all official written documentation/notices for an application is by email. Please advise and discuss with the Town
if a different method of correspondence is preferred.
PRIVACY INFORMATION
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 Access to Information Act and Protection of Privacy Act.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form F)| 2
Town of Pincher Creek Land Use Bylaw
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 Development Officer may request
additional information that is required to assess the application.
STRUCTURES TO BE REMOVED or DEMOLISHED
Description of
Building/Structure(s):
Type of Work:
Removal to other site (no demolition)
If relocating, please provide address
to new location:_________________
_______________________________
Demolition of building/ structure
Building Size (if multiple buildings,
describe below):
m2
ft2
Height of Building:
m
ft
# of stories
REMOVAL: The applicant is responsible for securing any transportation permits required to move an oversized
building on public roadways to another location and must also contact Alberta Transportation if provincial
highways are to be used.
_________________________________________________________________________________________________________
DEMOLITION PLAN
Site Plan :
Provide a site plan showing all buildings on property, including those that will be removed
or demolished.
Method of
Demolition:
Manual / hand tools
or small equipment (no
heavy equipment used)
Using heavy
equipment
(e.g. excavator)
Other method
- please explain
Dump/Disposal
Site Location:
**Note: Construction debris should be dumped/disposed in an approved landfill site
whenever possible. If that is not possible, approval must be obtained from Alberta
Environment.**
Name of Contractor responsible for removal/demolition:
Phone:
NOTE:
-
Utility Safety Partners (formerly Alberta One Call) must be contacted 1-800-242-3447 to locate and mark any buried
utilities prior to commencing demolition or breaking ground.
-
Developer is responsible for all costs to repair municipal infrastructure damaged during construction.
-
Developer is responsible for all costs related to cleaning of debris and/or mud tracking on municipal roads during
demolition or removal activities.
-
Safety Codes permits, including building permits, may also be required before proceeding with demolition
(usually buildings to be demolished that are 10 square meters (107.6 sq. ft.) or more in area) or in certain
circumstances (e.g., asbestos present), and the applicant is responsible for contacting a certified Safety Codes
official to ensure compliance with provincial requirements.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form F)| 3
AUTHORIZATION AND SIGNATURES
By signing this form, I acknowledge I have read the first page of the application and am aware the application and related
file contents will become available to government/other agencies and the public and are subject to the privacy provisions of
the Freedom of Information and Protection of Privacy Act (FOIP).
I have read and understand the terms noted below and hereby apply for permission to carry out the development
described above and on the attached plans and specifications. I further certify that, if I am not the registered owner,
the registered owner of the land described above is aware of, and in agreement with this application. By signing
this form, I hereby authorize representatives of the Town of Pincher Creek to enter my land for the purpose of
conducting a site inspection in connection with this application.
Date: _______________________
Applicant Signature: ___________________________________
Registered Owner:
___________________________
_________________________
(Required, if different from applicant)
Print Name
Signature
Or
Written approval has been submitted by the registered owner stating that the applicant is authorized to sign
this application form.
Date written approval was submitted: _________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form F)| 4
Town of Pincher Creek Land Use Bylaw
TERMS:
1. Subject to the provisions of the Land Use Bylaw of the Town of Pincher Creek, the term "development" includes the
undertaking of any change in the use of buildings or land.
2. Every application for a permit shall be accompanied by a non-refundable processing fee as established in the Fee Schedule
Bylaw of the municipality.
3. Although the Development 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 and is without prejudice to the decision in connection with the formal application.
4. Except in limited circumstances for permitted uses, all development application decisions are subject to an appeal period for
21 days after the decision on the application has been made. It must be clearly understood that any action taken by the
applicant before a development permit is issued and any development by the applicant within 21 days after a decision has
been made on a Development Permit, is at one's own risk and is subject to fines and/or enforcement action.
5. Plans and drawings, in sufficient detail to enable adequate consideration of the application, must be submitted with this
application as required, together with a plan sufficient to identify the land which may be in a digital format (such as PDF
document). It is desirable that the plans and drawings should be on a scale appropriate to the development. However, where
stipulated for certain developments it is necessary for plans and drawings to be professionally prepared.
6. If a decision is not made within 40 days from the date of the receipt of the application deemed to be complete in its final
form, or within such longer period as the applicant may agree in writing, the application may be deemed to be refused and
the applicant may exercise their right of appeal as a deemed refusal at the end of the 40-day period.
7. Construction undertaken subsequent to approval of this development permit application is regulated by government
legislation. The applicant/owner/developer assumes all responsibilities pertaining to construction plan submissions, approvals
and inspections as may be required by the appropriate Safety Codes inspector for the Town of Pincher Creek.
8. The applicant attests they have submitted true particulars concerning the completion of the proposed development and agree
to comply in all respects with any conditions that may be attached to any development permit that is issued and with any
other bylaws that are applicable. The applicant understands and is aware that they may be required to pay for all local
improvement costs, which include drainage, road construction, sewer and water line extensions, utility connection fees and
installation costs at the present established rate.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form F)| 5
APPLICANT IS RESPONSIBLE FOR:
Disconnection of all services including
(if applicable):
Signature from agency verifying services
disconnected (or attach correspondence/letter):
Electrical power
Natural gas
Telephone cables
Communications cables (includes internet, TV)
Water lines
Storm & sanitary sewer
Private Septic (if applicable)
Other
On-site consultation with Operations (Public Works). The applicant shall schedule a consultation with the
Town Operations department a minimum of 48 hours prior to demolition or removal commencing to
determine the state of affected public property and disconnection/protection of municipal infrastructure.
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 for new development that
is to occur in conjunction with the removal or demolition of a building or structure on the lot.
Application Fee and any applicable deposit or security required payable to the Town of Pincher Creek.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form G)| 1
APPLICATION FOR OCCUPANCY PERMIT
APPENDIX A
FORM G
DEVELOPMENT APPLICATION NO. __________________________
(Office Use Only) (associated permit file no.)
OCCUPANCY PERMIT NO. ___________________________
ROLL No.__________________________ DATE APPLICATION WAS DEEMED COMPLETE: ___________________________
AMOUNT $ OF PERMIT FEES: _________________ PERMIT FEES PAID (date): ________________________
DEPOSIT $ (Refundable when Occupancy Certificate/Permit is Issued): ____________________________
I/We hereby make application for an Occupancy Permit under the provisions of the Land Use Bylaw, in accordance
with the plans and supporting information submitted herewith and which forms part of this application.
FEES:
$250.00 General Construction Deposit / $50.00 Renovations (refundable with a written request and a
copy of the issued Occupancy Certificate from the Safety Codes Officer)
GENERAL APPLICANT INFORMATION
APPLICANT'S
NAME:
_____________________________________________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
REGISTERED OWNER'S NAME (IF NOT THE APPLICANT): _______________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
APPLICANT'S INTEREST IF NOT THE REGISTERED OWNER: ___________________________________________________
(e.g., Contractor, Developer, Option to Buy, Lease, or Other)
LEGAL DESCRIPTION: Lot(s) ____________________ Block ________________ Plan ________________________
OR:
Quarter ________ Section _________ Township _________ Range ________ W ______ M
MUNICIPAL CIVIC ADDRESS: _____________________________________________________________________
Estimated Occupancy date: ______________________________________________________________________
Estimated Start date: ___________________________________________________________________________
Estimated Completion date: _____________________________________________________________________
Estimated Value of Project: ______________________________________________________________________
METHOD OF CORRESPONDENCE (FROM THE TOWN)
Email: Unless otherwise agreed to, the Town's standard method of correspondence with an applicant to receive
all official written documentation/notices for an application is by email. Please advise and discuss with the Town
if a different method of correspondence is preferred.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form G)| 2
Town of Pincher Creek Land Use Bylaw
PRIVACY INFORMATION
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 Access to Information Act and Protection of Privacy Act.
Note:
Occupancy Permit Applications must be completed in person at the time the Development Permit
Application is applied for. Refunds must be submitted in writing to the Town office, with a copy of the
Occupancy Certificate from the Safety Codes Officer. Please contact the Town's Building Inspector, Park
Enterprises, 1 800-621-5440, for additional information.
$250.00 Deposit is required for General Construction Applications and $50.00 for Renovation Applications.
AUTHORIZATION AND SIGNATURES
By signing this form, I acknowledge I have read the first page of the application and am aware the application and
related file contents will become available to government/other agencies and the public and are subject to the privacy
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
I have read and understand the terms noted below and hereby apply for permission to carry out the development
described above and on the attached plans and specifications. I further certify that, if I am not the registered
owner, the registered owner of the land described above is aware of, and in agreement with this application.
By signing this form, I hereby authorize representatives of the Town of Pincher Creek to enter my land for the
purpose of conducting a site inspection in connection with this application.
Date: _______________________
Applicant Signature: ___________________________________
Registered Owner:
___________________________
_________________________
(Required, if different from applicant)
Print Name
Signature
Or
Written approval has been submitted by the registered owner stating that the applicant is authorized to
sign this application form.
Date written approval was submitted: _________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form H)| 1
AGREEMENT FOR TIME EXTENSION
(Development Permit Decision Timeframe)
APPENDIX A
FORM H
DEVELOPMENT APPLICATION NO. __________________________
(Office Use Only) (associated permit file no.)
DATE APPLICATION WAS DEEMED COMPLETE: ___________________________
I / We ____________________________________________ being the registered owner or person authorized to
act on behalf of the registered owner with respect to:
Development Permit Application No. _______________________________________________________________
For: __________________________________________________________________________________________
Located on (legal description):
______________________________________________________________________________________________
Do hereby agree to a time extension of ____________ days for the Development Authority to make a decision on
my/our application beyond the legislated 40-day period from the date the application was deemed complete,
enabling a decision may be made up until _________________________________________________ (date).
On the understanding that if a decision has not been made by this agreed to date, I may deem the application refused
and appeal to the Subdivision and Development Appeal Board in accordance with the provisions of the Municipal
Government Act, RSA 2000, Chapter M-26.
____________________________________________________
Signature of Registered Owner/Person Acting on behalf of:
____________________________________________________
Signature of Witness
DATE _______________________________________________
____________________________________________________
Signature of Development Officer, Town of Pincher Creek
____________________________________________________
Signature of Witness
DATE _______________________________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form I)| 1
APPLICATION FOR A TIME EXTENSION
(Development Permit Validity Extension Request - Expiration of Permit)
APPENDIX A
FORM I
DEVELOPMENT PERMIT NO. __________________________
(Office Use Only) (associated permit file no.)
DATE PERMIT WAS ISSUED: ___________________________
An application to extend the validity of an approved development permit may be made at any time prior to the
expiration of the approved permit in accordance with Section 4.15 of this Bylaw.
Development Permit number: ______________________ Expired Date: __________________________________
Previous Extension Approved: Yes
No
Extension Period Requested: _____________________
(not to exceed one year)
GENERAL APPLICANT INFORMATION
APPLICANT'S
NAME:
_____________________________________________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
REGISTERED OWNER'S NAME (IF NOT THE APPLICANT): _______________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
APPLICANT'S INTEREST IF NOT THE REGISTERED OWNER: ___________________________________________________
(e.g., Contractor, Developer, Option to Buy, Lease, or Other)
LEGAL DESCRIPTION: Lot(s) ____________________ Block ________________ Plan ________________________
OR:
Quarter ________ Section _________ Township _________ Range ________ W ______ M
MUNICIPAL CIVIC ADDRESS: _____________________________________________________________________
Estimated Development Commencement (start) date: ________________________________________________
Estimated Development Completion date: _________________________________________________________
Estimated Value of Project: ______________________________________________________________________
METHOD OF CORRESPONDENCE (FROM THE TOWN)
Email: Unless otherwise agreed to, the Town's standard method of correspondence with an applicant to receive
all official written documentation/notices for an application is by email. Please advise and discuss with the Town
if a different method of correspondence is preferred.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form I)| 2
Town of Pincher Creek Land Use Bylaw
PRIVACY INFORMATION
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 Access to Information Act and Protection of Privacy Act.
Reason(s) for Request:
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
NOTE: The applicant is advised that the submitting of an application request to the Town of Pincher Creek
Development Authority to extend the validity of a development permit does not guarantee that an extension will be
granted. The Development Authority shall review and decide on the merit of each application and its associated
development on a case -by-case basis.
AUTHORIZATION AND SIGNATURES
By signing this form, I acknowledge I have read the first page of the application and am aware the application and
related file contents will become available to government/other agencies and the public and are subject to the privacy
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
I have read and understand the terms noted below and hereby apply for permission to carry out the development
described above and on the attached plans and specifications. I further certify that, if I am not the registered
owner, the registered owner of the land described above is aware of, and in agreement with this application.
By signing this form, I hereby authorize representatives of the Town of Pincher Creek to enter my land for the
purpose of conducting a site inspection in connection with this application.
Date: _______________________
Applicant Signature: ___________________________________
Registered Owner:
___________________________
_________________________
(Required, if different from applicant)
Print Name
Signature
Or
Written approval has been submitted by the registered owner stating that the applicant is authorized to
sign this application form.
Date written approval was submitted: _________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form I)| 3
INFORMATIVE:
1.
Unless a development permit is suspended or cancelled, the development must be commenced or carried out with
reasonable diligence in the opinion of the Development Authority within 24 months from the date of issuance of the
permit, otherwise the permit is void, notwithstanding an extension approved by the Development Authority prior to
the 24 month period concluding.
2.
Upon receipt of a request to extend the validity of a development permit, the validity of a development permit may
be extended for a period of up to 12 months from the original validity expiration date by:
(a) the Development Officer if the permit was decided upon and issued by the Development Officer; or
(b) the Municipal Development and Subdivision Authority if the permit was issued by the Municipal Development
and Subdivision Authority or approved on appeal by the Subdivision and Development Appeal Board.
3.
If the development is not commenced or carried out with the prescribed 24 month period from the date of issuance
and the Development Authority does NOT extend the validity of the development permit, then the development
permit is deemed expired and becomes null and void.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form J)| 1
LETTER (APPLICATION) OF APPEAL
APPENDIX A
FORM J
DEVELOPMENT APPLICATION NO. ___________________
(Office Use Only) (associated permit file no.)
APPEAL FOR: Subdivision
Development
Stop Order
SUBDIVISION APPLICATION NO. ____________________
ROLL No.__________________________ DATE APPLICATION WAS APPROVED/ISSUED: ___________________________
AMOUNT $ OF APPEAL FEE: _________________ APPEAL FEES PAID (date): ________________________
NOTE: All appeals lodged must be accompanied by a non-refundable appeal fee (refer to Fee Schedule).
All Appeals are dealt with by the municipal Subdivision and Development Appeal Board except that the Provincial
Land and Property Rights Tribunal deals with appeals that are within certain distances of a highway and/or provincial
interest such as a body of water, wetland, or a sewage treatment or waste management facility set out in the
provincial Matters Related to Subdivision and Development Regulation.
As stipulated by the Municipal Government Act, all written appeals must contain the reasons for the appeal,
including the issues in the decision or the conditions imposed in the approval that are the subject of the appeal.
APPELLANT: __________________________________________________________________________________
(please print)
Mailing Address: ________________________________________ Town/City: ______________________________
Postal Code: ____________________ Email:___________________________ Phone: _______________________
Legal description:
Lot ___________ Block _______________ Plan ____________
Quarter _____ Section ______ Township ______ Range ______ Meridian _______
Indicate if you are the Applicant
or an Affected Party (e.g. adjacent landowner)
I/WE DO HEREBY APPEAL THE FOLLOWING DECISION/ORDER:
APPLICATION BEING APPEALED: (please include the Development or Subdivision Application Number)
Development Application No. _________________________
Subdivision Application No. ___________________________
Stop Order Issued: __________________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form J)| 2
Town of Pincher Creek Land Use Bylaw
THE GROUNDS FOR THE APPEAL ARE AS FOLLOWS:
(the Appellant must state reason(s) for the appeal - use separate sheet or attach letter if necessary)
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
DATE: ___________________________ SIGNATURE OF APPELLANT: _____________________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form K)| 1
APPLICATION FOR AMENDMENT TO THE LAND USE BYLAW
APPENDIX A
FORM K
DATE APPLICATION RECEIVED: ________________
(Office Use Only)
ASSIGNED AMENDING BYLAW NO.: ________________
APPLICATION PROCESSING FEE: ________________
FIRST READING DATE: ____________________________ FEE PAID: YES Date: ________________
PUBLIC HEARING DATE: ___________________________ RECEIPT NO: ________________________
SECOND READING DATE: __________________________ OTHER INFO REQUIRED: ________________________
THIRD READING DATE: ____________________________
I/We hereby make application to amend the Land Use Bylaw.
GENERAL APPLICANT INFORMATION
APPLICANT'S NAME: ____________________________________________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
REGISTERED OWNER'S NAME (IF NOT THE APPLICANT): _______________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
APPLICANT'S INTEREST IF NOT THE REGISTERED OWNER: ___________________________________________________
(e.g., Contractor, Developer, Option to Buy, Lease, or Other)
METHOD OF CORRESPONDENCE (FROM THE TOWN)
Email: Unless otherwise agreed to, the Town's standard method of correspondence with an applicant to receive
all official written documentation/notices for an application is by email. Please advise and discuss with the Town
if a different method of correspondence is preferred.
PRIVACY INFORMATION
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 Access to Information Act and Protection of Privacy Act.
AMENDMENT PROPOSED:
Text amendment or add/remove/revise a development use, criteria, or standard
Land use parcel/lot redesignation (rezoning) amendment
Other amendment (describe): __________________________________________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
APPENDIX A (Form K)| 2
Town of Pincher Creek Land Use Bylaw
Describe proposed amendment and reasons for the request: (may attach support information and map)
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
_____________________________________________________________________________________________
For a land use redesignation (rezoning) amendment to a lot or parcel of land, please provide the following:
LEGAL DESCRIPTION: Lot(s) ____________________ Block ________________ Plan ________________________
OR:
Quarter ________ Section _________ Township _________ Range ________ W ______ M
MUNICIPAL CIVIC ADDRESS: ______________________________________________________________________
CERTIFICATE OF TITLE NO: ___________________________________________________
CURRENT land use designation: ______________________________________________
PROPOSED land use designation: _____________________________________________
SUBJECT PARCEL OWNER OF LAND (if not same as the applicant information above, for a rezoning):
Name: ____________________________________________________ Phone: _____________________________
Address: __________________________________________________________Email: ______________________
AUTHORIZATION AND SIGNATURES
By signing this form, I acknowledge I have read the first page of the application and am aware the application and
related file contents will become available to government/other agencies and the public and are subject to the privacy
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
I have read and understand the terms noted below and hereby apply for permission to carry out the development
described above and on the attached plans and specifications. I further certify that, if I am not the registered
owner, the registered owner of the land described above is aware of, and in agreement with this application.
By signing this form, I hereby authorize representatives of the Town of Pincher Creek to enter my land for the
purpose of conducting a site inspection in connection with this application.
Date: _______________________
Applicant Signature: ___________________________________
Registered Owner:
___________________________
_________________________
(Required, if different from applicant)
Print Name
Signature
Or
Written approval has been submitted by the registered owner stating that the applicant is authorized to
sign this application form.
Date written approval was submitted: _________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form L)| 1
APPLICATION FOR AREA STRUCTURE PLAN
Bylaw Adoption or Amendment
APPENDIX A
FORM L
DATE RECEIVED: __________________________________
(Office Use Only)
DATE DEEMED COMPLETE: _________________________
ASSIGNED BYLAW NO: _________________________ DRAFT ASP REVIEW FEE PAID ($1,500.00): YES Date: ____________
ASP APPLICATION FEE PAID ($1,000.00): YES Date: _____________
PLAN/AMENDMENT: YES Date: ___________RECEIPT NO. ______________________________________
(12 PRINTED COPIES PROVIDED)
GENERAL APPLICANT INFORMATION
APPLICANT'S NAME: _____________________________________________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
REGISTERED OWNER'S NAME (IF NOT THE APPLICANT): _______________________________________________
MAILING ADDRESS: _____________________________________________________________________________
PHONE NUMBER: _______________________________ EMAIL: _________________________________________
APPLICANT'S INTEREST IF NOT THE REGISTERED OWNER: ___________________________________________________
(e.g., Contractor, Developer, Option to Buy, Lease, or Other)
LEGAL DESCRIPTION: Lot(s) ____________________ Block ________________ Plan ________________________
OR:
Quarter _________ Section ________ Township _________ Range ________ W _____ M
MUNICIPAL CIVIC ADDRESS: ______________________________________________________________________
Estimated Development Commencement (start) date: ________________________________________________
Estimated Development Completion date: __________________________________________________________
Estimated Value of Project: ______________________________________________________________________
METHOD OF CORRESPONDENCE (FROM THE TOWN)
Email: Unless otherwise agreed to, the Town's standard method of correspondence with an applicant to receive
all official written documentation/notices for an application is by email. Please advise and discuss with the Town
if a different method of correspondence is preferred.
PRIVACY INFORMATION
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
Access to Information Act and Protection of Privacy Act.
APPENDIX A (Form L)| 2
Town of Pincher Creek Land Use Bylaw
PROPERTY INFORMATION
EXISTING USE OF LAND:
Undeveloped
Residential
Commercial
Industrial
Recreational
Other: ________________________________
AREA STRUCTURE PLAN INFORMATION
PROPOSED AREA STRUCTURE PLAN NAME: __________________________________________________________
(or if an amendment, provide the name of the Existing ASP and Bylaw Number)
BRIEF DESCRIPTION OVERVIEW / INTENT AND MERITS (additional comments may be attached):
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
______________________________________________________________________________________________
AUTHORIZATION AND SIGNATURES
By signing this form, I acknowledge I have read the first page of the application and am aware the application and
related file contents will become available to government/other agencies and the public and are subject to the privacy
provisions of the Freedom of Information and Protection of Privacy Act (FOIP).
I have read and understand the terms noted below and hereby apply for permission to carry out the development
described above and on the attached plans and specifications. I / We certify that the information given on this
form and attachments hereto are full and complete and are to the best of my/our knowledge a true statement
of the facts concerning this application, and I / we are the registered owner(s). I further certify that, if I am not
the registered owner, the registered owner of the land described above is aware of, and in agreement with
this application. By signing this form, I hereby authorize representatives of the Town of Pincher Creek to enter
my land for the purpose of conducting a site inspection in connection with this application.
I hereby authorize representatives of the Town of Pincher Creek and referral agencies to enter my land for the
purpose of conducting a site inspection with respect to my Area Structure Plan application.
This right is granted pursuant to Section 653(2) of the Municipal Government Act.
Date: _______________________
Applicant Signature: ___________________________________
Registered Owner:
___________________________
_________________________
(Required, if different from applicant)
Print Name
Signature
Or
Written approval has been submitted by the registered owner stating that the applicant is authorized to
sign this application form.
Date written approval was submitted: _________________________
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form K)| 3
INFORMATIVE
-
In accordance with Section 6.1 of this Bylaw, a person may request an amendment to this bylaw, by applying in writing,
furnishing reasons in support of the application and paying the prescribed fee (as established by Council).
-
All applications to amend this bylaw shall be submitted to the Development Officer and shall be accompanied by the
information outlined in Section 6.1 including a narrative and explanation of the purpose of the request if it is for text,
development standard, or land use being proposed as an amendment; and any other material as deemed necessary
by the Development Officer to allow Council to make an informed decision on the application.
-
Additional requirements in Section 6.2 for land use redesignation applications may also apply.
-
The Development Officer may refuse to accept an application for an amendment to this Land Use Bylaw if, in their
opinion, the information supplied is not sufficient to undertake a proper evaluation of the proposed amendment.
-
Where an application for an amendment to this bylaw has been refused by Council, another application that is the
same or similar shall not be accepted for a period of 6 months following the date of the decision of refusal; or, where
an application for an amendment to this bylaw has been refused by Council, another application that has been
significantly changed or changed at the request of Council may be accepted prior to the 6-month waiting period
prescribed in Section 6.1, sub-section (8), at the discretion of Council.
-
All proposed amendments to this bylaw shall be decided upon by Council in accordance with the MGA.
-
Applicants are advised that land use parcel/lot redesignations (rezoning) amendment applications may be subject to
a concurrent Area Structure Plan bylaw adoption process, which may be run prior to or concurrently with the
redesignation (rezoning) amendment, as directed or required by Council.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form L)| 3
Area Structure Plan Application
APPENDIX A
FORM L
DATE OF PRE-MEETING: __________________________________
(Office Use Only)
DATE OF FIRST READING: __________________________________
ADVERTISEMENT DATE:____________________ DATE OF PUBLIC HEARING:_________________________________
DATES OF OPEN HOUSE OR PUBLIC DATE OF SECOND READING:_________________________________
INFORMATION MEETING: _______________________ DATE OF THIRD READING: ___________________________________
ADDITIONAL COMMENTS (NOTE IF APPLICATION IS FOR AN ASP AMENDMENT): ____________________________________________
_______________________________________________________________________________________________________
AREA STRUCTURE PLAN REQUIREMENTS
APPLICANT INFORMATION (to be provided by the applicant/developer)
A. GENERAL
Applications for Area Structure Plans (ASPs) are required as outlined in the Town of Pincher Creek Municipal
Development Plan or as requested by the Town Development Authority. The following information is required for
all ASP applications, and submitted applications will not be deemed complete until such time as all of the following
criteria which apply to the application have been met.
B. SPECIFIC AREA STRUCTURE PLAN CONTENT REQUIREMENTS
AT THE TIME OF PREPARATION
The proposed Area Structure Plan document must address and outline the following:
Purpose of Plan (or Amendment). A clear concise statement of the intent of the plan and future development
objectives, land use, and the name of the particular Area Structure Plan.
Demonstration of compliance with the SSRP, MGA, Land Use Bylaw, Municipal Development Plan, and any
applicable municipal policies and standards. Specific information must be given on how the Area Structure
Plan complies with applicable provincial legislation and existing statutory plans, and the Town's policies and
standards.
Description of the Area Structure Plan area and relationship with surrounding lands. A precise delineation of
the Plan's geographic boundaries, and a clear statement on the Plan's relationship and linkages (or
constraints) with surrounding lands, compatibility with adjacent land use, connectivity to adjacent roads and
walkways, school/park sites and accessibility, environmental features, etc.
Land use proposed for the area, description of private and public lands and their location, with calculations
on percentage of total land area and gross developable area calculations, along with the proposed
development density.
APPENDIX A (Form L)| 4
Town of Pincher Creek Land Use Bylaw
Plan Design and Layout Illustrations - legible diagrams and concept maps illustrating the parcel layout, road
network and design for the ASP area, generally at a scale between 1:15,000 to 1:20,000 for displaying the
boundary area and between 1:4000 to 1:7000 for more detail of parcel layouts and site features.
Transportation plans for arterial roads, major and minor collectors, laneways, pedestrian pathways, and their
locations. If a TIA has been requested by the Town or Alberta Transportation, then a copy of the TIA as
prepared by a qualified professional must be included with the ASP.
Municipal utility servicing plans (i.e., preliminary engineering) for major municipal water, sanitary sewer, and
storm water management and location and size of any proposed Public Utility Lots (PUL).
Shallow utilities - Provision and availability of shallow utilities, such as electric power, natural gas, fiber optics,
and any other systems, and their locations.
Urban design, and description of any landscaping and architectural proposals.
Housing types - If the ASP is proposing some component of residential land use, the plan must address the
Town's plans and strategies to provide for affordable housing and medium-to-higher density types of
development.
Reserve lands - The proposal for providing the required Municipal Reserve, or Environmental Reserve to the
municipality at the time of subdivision and how this will be addressed.
Phasing of Development - Description of any proposed development phasing scheme and triggers of
implementation stages.
Planning forecasts and effective time build-out period of the Area Structure Plan. A summary of development
planning forecasts for the plan area (land consumption) and a clear concise statement on the plan's effective
time period.
Historical Resources - Description of any potential provincially identified historical resources and copy of
Historical Resources Clearance approval (if required) or a statement that there are no identified historical
resources in the plan area.
Topographic map of contour intervals of 0.5 m or less.
Land features - An identification of natural features, current land conditions, slopes, water bodies, vegetation,
environmental sensitive features, and wildlife or native species areas present, or information on the lack
thereof. Depending on the land, this may require a bio-physical assessment to be conducted and included in
the ASP.
Environmental Site Assessment - A Phase 1 ESA of the ASP area to assess historical information and if
evidence of potential or actual environmental contamination exists in connection with the site, as a result of
current or past activities on the site or neighbouring properties. The Phase 1 ESA is to be based on the
Canadian Standards Association's (CSA) Phase I Environmental Site Assessment Standard Z768-01 (R2016) [or
subsequent update].
Geotechnical analysis - An engineered geotechnical analysis and report for any lands containing or adjacent
to coulee land, water bodies, unstable land or where subsidence is present, or when requested by the Town
to be provided.
A Fiscal Impact Analysis (FIA), with criteria as outlined by the Town as to what such an analysis needs to
address or what information is needed to be provided to the municipality.
TOWN OF PINCHER CREEK
Box 159, 962 St. John Ave, Pincher Creek, AB T0K 1W0
Ph: 403-627-3156 email: reception@pinchercreek.ca
Town of Pincher Creek Land Use Bylaw
APPENDIX A (Form L)| 5
ASP Map - A diagram map illustrating the ASP or proposed Amendment boundary area.
Other plans, diagrams, figures, and graphs to clearly illustrate the requirements of items noted above and
the ASP information being provided.
Other - Any other policies and plans as specified by the Town to address any unique circumstances of the land
or the general Area Structure Plan area.
ASP AMENDMENT - If the proposal is to update or amend an existing ASP, then the Town will advise the applicant
what elements the municipality wants included in the updated plan and what municipal infrastructure servicing
standards may have changed that need to be addressed since the original ASP was created.
* NOTE: Detailed engineering for the servicing of the ASP area is required at subdivision stage. The ASP must
demonstrate that the lands can be serviced by existing underground networks or extensions of same by the
Developer and must indicate whether gravity drainage is possible or lift stations or other appurtenances will be
necessary to move sanitary or storm sewage.
AT THE TIME OF FORMAL BYLAW APPLICATION
1. Application Fees - both the initial draft plan review fee and the ASP bylaw application process fee must be
paid in full.
2.
Application Form completed in its entirety and signed.
3. Authorization - The name, address, email (as applicable) and phone numbers of the registered owner(s) and
the authorized person(s) acting on behalf of the registered owner(s) on the application form. The application
must be signed by the titled landowner, or a letter is to be provided to the Town delegating authority for
application to the authorized person noted on the application. Original signatures must be on the application.
4. Current Copy of Certificate of Title(s), for all lands subject to the ASP area, dated no more than 30 days prior
to the date of formal ASP bylaw application submission.
5. Copies of any easements registered on title to the land must be submitted with the application along with
any instruments registered by caveat that the Town requests to be provided.
6. Copy of AER abandoned gas well information and map as available from the AER website.
7.
Document - The proposed final formatted Area Structure Plan document in both digital (PDF and editable
WORD copy) and hard print copies (12 copies).
8. Public consultation process details and a summary report (may be included in the ASP).
9. Any additional information deemed necessary by the Town Administration as per the specific characteristics
of the parcel.
10. Release - A signed confirmation releasing all information to the Town of Pincher Creek (refer to section C).
APPENDIX A (Form L)| 6
Town of Pincher Creek Land Use Bylaw
C. INFORMATION AND LEGAL REQUIREMENTS
RELEASE OF INFORMATION AND DRAWINGS
The Town's polices and Land Use Bylaw requires that the Town post bylaws and statutory plans on the Town's
website. As the ASP includes the applicable maps and drawings and engineering information, it is the applicant's
responsibility to ensure that they own or have the proper and legal authority/permission to use any privately
prepared or contacted drawings and engineering reports and are aware the Town will post the ASP information on
the Town's website.
Additionally, once the Town adopts an Area Structure Plan it becomes a bylaw and Statutory Plan of the municipality
and a public document, and the Town of Pincher Creek is thereby authorized to use, quote, amend, copy, publish,
share, as it determines is necessary and without credit or compensation to the authors or content creators, for the
purposes of regulating and developing land within the Town of Pincher Creek and the subject ASP area. By signing the
application form and submitting the ASP document the applicant is acknowledging they are aware of this and that all
information is released to the Town of Pincher Creek.
**
AMENDMENTS TO ANY DRAWINGS OR PLANS MUST BE SUBMITTED TO THE TOWN NO LATER THAN 15
WORKING DAYS BEFORE THE SCHEDULED PUBLIC HEARING.
WITHIN 30 DAYS AFTER APPROVAL OF THE ASP THE APPLICANT MUST PROVIDE:
A USB device or other digital format means of providing all graphics, drawing files of maps and diagrams, an
editable WORD copy of the final document (including all changes), a PDF formatted document copy as per the
final hard copy format of the document.
12 hard print copies of the final formatted document.
This information is being collected under the Municipal Government Act and will only be used for the purpose of an Area
Structure Plan Application. It is protected by the provisions of the Freedom of Information & Protection of Privacy (FOIP) Act.
If you have any questions about the collection, please contact the FOIP Coordinator at (403) 627-3156, weekdays.
I, being the registered owner of the land, or the agent authorized to act on their behalf, hereby certify that:
I have read the above statement and confirm the release of all information to the Town of Pincher Creek.
Signature
APPENDIX B:
FEES
Town of Pincher Creek Land Use Bylaw No. 1639-25
Town of Pincher Creek Land Use Bylaw
APPENDIX B | 1
APPENDIX B
FEES FOR PERMITS, APPEALS AND AMENDMENTS TO BYLAW
1.
The fees and charges payable for municipal services, security provisions, and permits related to this
Bylaw are provided in the Town of Pincher Creek Municipal Rates and Fees Bylaw. Contact the Town
Office for the most current listing or go to: www.pinchercreek.ca
2.
In any case, where the required fee is not listed in the fee Schedule, such fee shall be determined by the
Development Officer for similar developments.
3.
Where, pursuant to the provisions of this Bylaw, the application will require additional or special
notification to affected parties or adjoining property owners, the applicant shall pay a fee in addition to
that specified in the fee Schedule.
4.
Where, in the opinion of the Development Officer, the application is substantially revised, the applicant,
prior to reconsideration of the application, shall pay, in addition to the fee specified, a fee equal to 50
percent (50%) of the initial application fee, except that such additional fee shall not be required in
instances where improvements are suggested by the Development Officer, resulting in substantial
revisions.
5.
Where an application is made to Council for an amendment to this Bylaw:
(a) it shall be accompanied by an application fee for each application as specified in the fee Schedule,
(b) the cost of any advertising for the matter that is requested by Council that is beyond the typical
municipal practice for advertising, shall be borne by the applicant, and
(c) the Council may determine that the whole or any part of the application fee be returned to the
applicant.
6.
The fees and charges payable for applications to adopt an Area Structure Plan by Bylaw related to land
use planning and development are provided in the Town of Pincher Creek Municipal Rates and Fees
Bylaw.
7.
Where an appeal is made to the Subdivision and Development Appeal Board of a decision made by the
Development Officer or the MDSA, the appellant shall pay an appeal fee specified in the fee Schedule.
Regardless of the appeal decision outcome, if an appeal hearing is held by the appeal board the appeal
fees are non-refundable.
Town of Pincher Creek Land Use Bylaw No. 1639-25
Appendix B | 2
Town of Pincher Creek Land Use Bylaw
FEE SCHEDULE
1.
Every application for a development permit shall be accompanied by a fee as set out in the following
schedule:
(a) Application for a Permitted Use .............................................................................. $50.00
(b) Application for a Discretionary Use ....................................................................... $150.00
(c) Application for Development Waivers .................................................................. $150.00
(d) Application for a Land Use Bylaw Amendment ..................................................... $500.00
(e) Request to convene a Special Meeting of Council ................................................ $900.00
(f)
Request to convene a Special Meeting of the Municipal Development and
Subdivision Authority or Subdivision and Development Appeal Board ................ $400.00
(g) Request for Certificate of Compliance .................................................................... $50.00
(h) Appeal to the Subdivision and Development Appeal Board
(may be refundable) .................................................................................................... $300.00
(i)
Application for Moved-in Building ........................................................................ $125.00
(j)
Application for Home Occupation ........................................................................... $75.00
(k) Application for Sign Permit - Permitted ................................................................. $75.00
- Discretionary .......................................................... $150.00
(l)
Tree Deposit (residential land use districts) .......................................................... $200.00
(m) Landscaping Deposit (non-residential land use districts) ..................................... $200.00
2.
In any case, where a required fee is not listed in the fee schedule, such fee shall be determined by
the Designated Officer or the Municipal Development and Subdivision Authority.
3.
The Designated Officer or Municipal Development and Subdivision Authority may determine that the
whole or any part of an application fee may be waived or may be returned to the applicant.
4.
When, in the opinion of the Designated Officer or the Municipal Development and Subdivision
Authority, an application is substantially revised, the applicant may be required to pay an additional
50 percent of the original fee prior to the consideration of the revised application.
5.
When a development has been commenced prior to a development application being made, and the
applicant subsequently submits an application, a fee may be charged that is double the normal
permit fee.
APPENDIX C:
BYLAWS
APPENDIX D:
SIGNAGE BYLAW