Two Hills, Alberta
· No. 2018-980
· adopted 2018-08-14
· summary & facts
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I
2018-980
Adopted August 14, 2018
Town of Two Hills
Land Use Bylaw
2018-980
A BYLAW OF MUNICIPALITY IN THE PROVINCE OF ALBERTA, TO ADOPT A LAND USE BYLAW.
WHERE AS the Municipal Government Act, Revised Statutes of Alberta 2000
- Chapter M-26, current as of
April 1st, 2018 and Amendments thereto, authorize Council of a Municipality to enact a Land Use Bylaw to
guide future development within the Municipality.
NOW THEREFORE Municipality Land Use Bylaw No. 97-757 and amendments thereto, except for those Direct
Control Bylaws listed as continued in the Bylaw, are hereby repealed.
NOW THEREFORE Council of Municipality in the Province of Alberta does hereby adopt the Municipality Land
Use Bylaw 2018-980 this 14th day of August, 2018.
Read a first time 12th day of June, 2018.
AdminativeOffer
Date
Read a second time 14th day of August, 2018.
Read a third and final time 14th day of August, 2018.
Mayor
Administrative Officer
Dr' i/oi'
This Land Use Bylaw was prepared for the Town of Two Hills by Green Space Alliance Inc.
TABLE OF CONTENTS
Enactinent
. :1.
1.1
Title
.1
1.2
Purpose
1
1.3
Effective Date
2
1.4
Application
2
1.5
Previous Bylaws
2
1.6
Application in Progress
2
1.7
Non-Conformity
2
1.8
Severability
3
1.9
Compliance with Other Legislation
3
1.10
Interpretation
3
2
Approval and Appeal Authorities
7
2.1
Development Authority
7
2.2
Designated Officer
7
2.3
Subdivision Authority
8
2.4
Subdivision and Development Appeal Board
8
2.5
Decision-Making Structure
8
3
Development Permit Process
9
3.1
Control of Development
9
3.2
Development Not Requiring a Development Permit
9
3.3
Development Permit and Agreement Fees
10
3.4
Requirements for Development Permit Applications
11
3.5
Notice of Proposed Development
14
3.6
Referrals for Development Applications
15
3.7
Decision on Development Permit Applications
15
3.8
Variance Provisions
16
3.9
Deemed Refusal
17
3.10
Notice of Decision
17
Land use Bylaw ###-##
Table of Contents
3.11
Development Permit Conditions
18
3.12
Validity of Development Permits
21
3.13
Extension of Development Permits
21
3.14
Resubmission Interval
21
3.15
Suspension or Cancellation of Perniits
21
4
Subdivision Process
23
4.1
Requirements for Subdivision Applications
23
4.2
Decision on Subdivision Applications
23
4.3
Subdivision Approval Conditions
24
4.4
Validity of Subdivision Approval
25
4.5
Endorsement of Subdivision
25
5
Subdivision and Development Appeals Process
27
5.1
GroundsforAppeals
27
5.2
ProcedureforAppeals
27
5.3
Hearing and Decision
28
5.4
Court of Appeal
29
6
Enforcement
31
6.1
Contravention
31
6.2
Prohibitions
32
6.3
Non Compliance
32
6.4
Warning Notice
33
6.5
Violation Tickets
33
6.6
RightofEntry
34
6.7
Stop Orders
34
6.8
Appeal to Stop Orders
34
6.9
Enforcement of Stop Orders
35
6.10
Offenses and Penalties
35
7
Land Use Bylaw Amendment Process
37
7.1
ProcedureforAmendments
37
ii
Town of Two HiUs
Table of Contents
7.2
Amendment Review Process
38
7.3
Advertisement Requirements
39
7.4
Notification Hearing/Public Hearing
39
7.5
Decision by the Town of Two Hills Council
39
7.6
Resubmission Interval
40
8
General Development Regulations
41
8.1
Accessory BuUding
41
8.2
Corner Lots
42
8.3
Dwelling Units on a Parcel
42
8.4
Fences and Walls
42
8.5
Landscaping
43
8.6
Objects Prohibited or Restricted in Yards
43
8.7
Off-Street Parking
44
9
Specific Development Regulations
47
9.1
CannabisStore
47
9.2
Garden Suite
48
9.3
Home Occupations
48
9.4
Hotels/Motels
50
9.5
Keeping of Animals
51
9.6
Manufactured Homes
51
9.7
SecondarySuite
53
9.8
Service Stations and Bulk Fuel Station
54
9.9
Shipping Containers
- Residential Use
54
9.10
Shipping Containers - Storage
55
9.11
Signs
56
9.12
Solar Energy Collector System
57
9.13
Urban Hen Coop
57
9.14
Wireless Communications Facility
59
10 Land Use Districts
61
10.1
Residential 1 (R1) District
66
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IIj
10.2
Residential 2 (R2) District
.68
10.3
Residential 2A (R2A) District
70
10.4
Residential 3 (R3) District
72
10.5
Residential Manufactured Home Subdivision (RMHS) District
75
10.6
Residential Manufactured Home Park (RMHP) District
77
10.7
Town Centre Commercial (Cl) District
79
10.8
Highway Commercial (C2) District
81
10.9
Industrial Light (IL) District
83
10.10 Industrial Heavy (lH) District
85
10.11 Parks and Recreation (PR) District
87
10.12 Institutional (I) District
89
10,13 Urban Reserve (UR) District
91
10.14 Direct Control (DC) District
93
11 Definitions
95
APPENDICES
Appendix A
- Land Use Districts Map
Appendix B
- Direct Control Districts
iv
Town of Two Hills
1.1
Title
11.1
This Bylaw shall be known as and may he cited as the "Town of Two Hills Land Use Bylaw".
1.2
Purpose
1.2.1
The purpose of this Bylaw is tD regLilate, control, and/or prohibit the use and development of land and
buildings within the Town of Two Hills to ensure health and safety of its inhabitants, and achieve the orderly
and economic development of land, and:
a.
To divide the Town of Two Hills into land use districts;
b.
To prescribe and regLilate the use of land or buildings within each district;
c,
To establish a method of making decisions on applications for development permits and the issuance of
development permits;
d.
To provide the manner in which a notice of issuance for a development permit is given;
e.
To establish the number of dwellings that may be allowed on a parcel;
f.
To establish regulations to assist in the subdivision and development decision making process;
g.
To establish procedures of appealing the decisions related to this Land Use Bylaw;
h.
To establish general development standards and specific use regulations;
Land Use Bylaw ###-##
I
i.
To establish parking, signage, and landscaping standards: and
j.
To establish subdivision design standards for the Town of Two Hills.
1 .3
Effective Date
1.3.1
This Land Use Bylaw comes into effect on the date of its third reading. At that time, the former Bylaw No. 97-
757, and its amendments, shall cease to apply to new sLibdivision and development in the Town of Two Hills.
1.4
Application
1.4.1
This Land Use Bylaw shall serve as a tool to implement policies established in the Municipal Development
Plan (MDP), other statutory plans, and the Municipal Government Act (Act), as amended from time to time.
1.4.2
All development hereafter in the Town of Two Hills shall conform to the provisions of this Bylaw.
1 .5
Previous Bylaws
1.5.1
The Town of Two Hills Land Use Bylaw No. 97-757 is hereby repealed and this Bylaw shall apply to all lands
within the Town of Two Hills.
1.6
Application in Progress
1.6.1
A completed application for a development permit or subdivision, which is received before adoption of this
Bylaw shall be processed in accordance with the Town of Two Hills Land Use Bylaw No. 97-757 as amended.
1 .7
Non-Conformity
1.7.1
In accordance with Section 643 of the Act, 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 for which the permit was IssLied a non-conforming use or non-conforming
huRding, the development permit continues to he in effect in spite of the coming into force of the Bylaw.
1.7.2
A non-conforming use of land or a building may be continued bLit if that use is discontinued for a period of six
16) consecLitive months or more, any future use of the land or building must conform with the Land Use Bylavi
then in effect.
1.7.3
A non-conforming use of part of a bLnlding may be extended throughout the bLnlding bLit the building. whether
or not it is a non-conforming building, may not be enlarged or added to and no structural alterations may be
made to it or in it.
1.7.4
A non-confori-ning use of part of a parcel may not be extended or transferred in whole or in part to any other
part of the parcel and no additional buildings may be constructed on the parcel while the non-conforming use
continUes
1,7.5
A non-conforming bLnlding may continue to be used hut the bLnlding 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, if the Development Authority considers it necessary; or
2
Town of Two Hills
nactrnent
c.
In accordance with a Land Use Bylaw that provides minor variance powers to the Development Authority
for the purposes of this Section.
1.7.6
If a non-conforming building is damaged or destroyed to the extent of more than seventy-five percent (75y) of
the value of the building above its foundation, the building may not he repaired
or rebuilt except
in
accordance with the Land Use Bylaw.
1.7.7
The land use or the use of a building is not affected by a change of ownership or tenancy of the land or
building.
1.8
Severability
1.8.1
If any Section, clause, or provision of this Bylaw, including anything shown on the Land Use District Map, is for
any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of
the remainder of this Bylaw in whole or in part, other than the Section, clause or provision, including anything
shown on the Land Use District Map, so declared to be invalid.
1 .9
Compliance with Other Legislation
1.9.1
Notwithstanding that a development permit may not he required in certain instances under this Bylaw, in no
case does this exempt the applicant from complying with:
a.
Other requirements for approval by mLinicipal Bylaw, the Act, conditions. any other instrument affecting
building or land, or other applicable regulation:
b.
Any easement, covenant, agreement, or contract effecting the development;
c.
Requirements of Alberta Building Code; and
d. Alberta Safety Codes Act, R.S.A. 2000, Chapter 5-1.
1.9.2
The provisions and regulations of this Bylaw do not exempt any person or corporation from complying with the
provisions or regulation of any other municipal, provincial, or federal statute.
1.10
Interpretation
Bylaw Text
1.10.1
Words Lised in the present tense include the other tenses and derivative forms; words used in the singular
include the plLiral and vice versa; and the word "person" includes a corporation, firm, partnerships, trusts,
and other similar entities as well as an individual. Words have the same meaning whether they are
capitalized or not.
1.10.2
The words "shall", "must", and "is" require mandatory compliance except where a variance has been granted
pursuant to the Act.
1.10.3
Words, phrases, and ternis not defined
in this Section may be given their definition
in the Municipal
Government Act or the Alberta Building Code. Other words shall be given their usual and customary meaning.
1.10.4
Where a regulation involves two (2) or more conditions, provisions, or events connected by the conjunction
"and', this means all the connected items shall apply in combination: "or" indicates that the connected items
may apply singly or
in combination; and
"either-or" indicates the items shall apply singly but not
in
combination.
Land Use Bylaw ###-##
3
1. Enactment
1.10.5
Where reference is made to other legislation or documents, this refers to the legislation and documents as
may be amended from time to time.
Measurements
1.10.6
All measurements within this Bylaw are expressed in metric units. Imperial units are provided within brackets
for information and are approximate. When metric and imperial units do not correspond exactly within this
Bylaw, the metric measurement shall take precedence.
Land Use District Map
1.10.7
The district boundaries on the Land Use Districts Map, within Appendix A, shall he interpreted as follows:
a.
Where a boundary follows a public roadway. land, railway, pipeline, power line, or utility right-of-way or
easement, it follows the centre line, Linless otherwise clearly indicated;
b.
Where a boundary is shown as approximately following the Town boLindary, it follows the Town boundary;
c.
Where a boundary is shown as approximately following the edge or shorelines of any river, lake, creek, or
other water body, it follows such lines:
U.
Where a boundary is shown as approximately following a lot or parcel line, it follows the lot or parcel line;
and
e.
In circumstances not covered above, the location of the boundary shall be determined by any dimensions
set out in this Bylaw.
1.10.8
Where a district boLindary is shown as being generally parallel to, or as an extension of, any of the features
listed above, it shall he so.
1:10.9
In circumstances not covered within Subsection 1.10.7, the district boundary shall be determined by the
Development Authority measuring the property line from some known location on the Land Use Districts Map
within Appendix A.
1.10.10
Where the application of interpretations within Subsection 1.10.7 does not determine the exact location of a
district boundary, a Designated Officer shall fix the property line in doubt or dispute in a manner consistent
with the provisions of this Bylaw and with the degree of detail as to measurements and directions as
circumstances reqLnre. This decision may be appealed to the Subdivision and Development Appeal Board
(S DAB).
1.10.11
When any road or lane is closed, it has the same districting as the abutting land. When different districts
govern abutting lands, the centre of the road or lane is the district boundary, unless the district boundary is
shown clearly following the edge of the road or lane, If the road or lane is consolidated with an adjoining
parcel, that parcel's district designation applies to affected portions of the closed road or lane.
1.10.12
The Development Permit Process and its relation to other sections of the Land Use Bylaw can be found in
Section 3.
4
Town of Two Hills
ctment
1.10.13
The uses that are listed in the permitted and discretionary use columns under the land use districts in
Section 10 are not intended to be exclusive or restrictive. Where a specific use does not conform to the
wording of any definition, the Development Authority may, at their discretion, determine that the use
conforms to the spirit and intent of the purpose of the land use district and is determined similar to other
uses allowed in that land use district. Notwithstanding the above, all uses defined as
same or similar uses'
shall be considered discretionary.
Land Use Bylaw ###-##
5
Th!s page was intentionafly left blank.
6
Town of Two Hills
2.1
Development Authority
--
2.1.1
The Development Authority, as established pursuant to Section 624 of the Act and through the Chief
Administrative Officer and Designated Officers Bylaw for the Town of Two Hills is the:
a.
Council of the Town of Two Hills; and
b.
Designated Officer.
2.1.2
The Development Authority shall carry out the powers and duties set out in regulations established under the
Act and this Bylaw, as amended from time to time.
2.2
Designated Officer
2.2.1
The Office of the Designated Officer is established through this Bylaw and shall he filled by person(s)
employed by the municipality.
22.2
The Designated Officer shall perform sLich duties that are specified
in the Town
of Two Hills Chief
Administrative Officer and Designated Officers Bylaw and this Bylaw.
2.2.3
The Designated Officer shall keep and maintain for the inspection of the public during all reasonable hours, a
copy of this Bylaw and all amendments to it. The Designated Officer shall also keep a register of all
applications for development, including the decisions made on those applications, and the reasons for those
decisions.
Land Use Bylaw ###-##
7
2.2.4
For the purposes of Section 542 of the Act, the Designated Officer is hereby designated as authorized by the
municipality to discharge the relevant powers and functions.
2.2.5
A Designated Officer shall be responsible for the following:
a.
Reviewing all applications for a development permit and establishing specific conditions related to each
development permit application;
b.
Referring an application to any mLinicipal, provincial, federal, or inter-jurisdictional department or any
other agency or body: and
c.
Considering and approving a development permit that is consistent with a licence, permit, approval, or
other authorization granted
by either the Alberta Energy RegLilator (AER) or Natural Resources and
Conservation Board (NRCB).
2.3
Subdivision Authority
2.3.1
In accordance with Section 623(11 of the Act, the Subdivision Authority for the Town of Two
Hills
is
established through the Subdivision Authority Bylaw.
2.4
Subdivision and Development Appeal Board
2.4.1
The Subdivision and Development Appeal Board (SDAB) for the Town of Two Hills, as established through the
Town of Two Hills Subdivision and Development Appeal Board Bylaw, shall perform the duties and functions
as described in the Bylaw and the Act.
2.4.2
The SDAB shall review all appeal applications within its jurisdiction for development permit appeal, stop order
appeal. and subdivision application appeal.
2.5
Decision-Making Structure
2,5.1
The Development Authority shall he responsible for making decisions on all development permit application.
2.5.2
The Designated Officer shall be responsible for making decisions on all development permit applications
involving:
a.
Permitted uses; and
b.
Discretionary uses and at their discretion may refer discretionary use development permit applications to
Council for decision.
8
Town of Two Hills
Control of Development
No development other than that designated in Subsection 3.2 of this Bylaw shall be undertaken within the
municipality unless an application for it has been approved and a development permit has been issued.
3.1.2
In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to ensure and
obtain other safety code approvals or licences that may be required by other regulatory departments or
age n ci es.
3.1.3
A building permit shall not be issued unless a development permit, where required, has been issued.
3.2
Development Not Requiring a Development Permit
3.2.1
The following developments do not require a development permit but must otherwise comply with all other
provisions of this Bylaw:
a.
Maintenance or repair to any building, provided that such works do not include structural alterations or
major works of renovation;
b.
Use of any such building(s) as are referred to in Subsection (a) above for the purpose for which the
construction was commenced;
c.
Demolition of a structure, if the construction of the structure did not require a development permit;
-.
-4-
V.
- -
3.1
3.1.1
Land Use Bylaw ###-##
9
3 Development Permit Process
d.
Erection of a fence or other enclosure which is no higher than 1.8m (6Oft) in height, within all land use
districts, provided that there is no contravention of this or any other Bylaw of the municipality and
provided that such a fence or enclosure does not obstruct the visibility at roadway intersections;
e.
Erection of a fence or other enclosure which is no higher than 3.Orn (1OOftl in height, within all industrial
land use districts, provided that there is no contravention of this or any other Bylaw of the municipality
and provided that such a fence or enclosure does not obstruct the visibility at roadway intersections;
f.
A temporary building, the sole purpose of which is incidental to the erection or alteration of a building, for
which a permit has been issued under this Bylaw;
g.
Maintenance and repair of public works, services, and utilities carried out by or on behalf of federal,
provincial, and municipal public authorities on land that is publicly owned or controlled;
1.
Landscaping or beautification of property throLigh painting, paving, stuccoing, etc;
i.
Signs exempted from development permit approval as described in Section 9.11 of this Bylaw;
j.
Accessory buildings less than 11.2m' 1120.Oft2) in area (applies to outside diniensions) including tarp
structures;
k.
Towers not exceeding 4.6m (15.ift) in height;
I.
Satellite dishes;
rn. Seasonal decorations;
ii.
Home Occupation Minor:
o.
All decks and uncovered porches where the structLire is less than O.6m (2.Oft) above grade, provided all
site setback requirements in the applicable land use district and accessory building regulations are met;
p.
Above--ground. pre-manufactured swimming pools 'oth a water volume less than 6.lm
(215.8ftl:
q.
In all land use districts, the municipalitys use of land that it either owns, has an eciuitable interest in. or is
the lessee, for a purpose approved
by Council
in connection with any municipal work or operation,
including the construction, maintenance, repair, or ongoing operation of such rise.
3.2.2
Notwithstanding the provisions of SLibsection 3.2.1, private sector development of public infrastructure may
require a development permit.
3.2.3
If there is any doubt as to whether or not a development permit is required, the Development Authority shall
require a development permit.
3.3
Development Permit and Agreement Fees
3.3.1
All fees and charges under and pursuant to development permit and subdivision applications, appeals,
statutory plans, Bylaws, and this Bylaw, and any amendments to them shall be as established in the Town of
Two Hills's SchedLile of Fees
10
Town of Two Hills
3 Development Permit Process
3.4
Requirements for Development Permit Applications
General Requirements
3.4.1
All applications for a development permit shall be made to the Development Authority in writing on the
application provided by the Town of Two Hills, and shall:
a.
Be signed by the registered owner or his or her agent where a person other than the owner is authorized
by the owner to make the application. The correctness of the information supplied shall, when required by
the Development Authority, be verified by a statutory declaration;
b. State the proposed use or occLipancy of all parts of the land and buildings and provide any other
information as may be required by the Development Authority; and
c.
Include parcel plans in duplicate at a scale satisfactory to the Development Authority, showing the
following:
North point:
Legal description of the parcel;
Location of principal building and other strLictures including accessory buildings, garages, carports,
fences, driveways, paved areas, and major landscaped areas, including buffering and screening
areas where provided;
iv.
Outlines of the roof overhangs on all buildings:
v,
Front, rear, and side yard setbacks;
vi.
Access and egress points to and from the parcel;
vii.
On a vacant parcel in a residential land use district, the suggested location for a future driveway and
garage or carport. if the application itself does not include such buildings as part of the proposal; and
viii.
Estimated cost of the project, excluding land prices.
d.
At the discretion of the Development Authority, required parcel plans may also be required to sho\v any or
all of the following:
i.
The provision of off-street loading and vehicle parking;
ii.
The exterior elevations of all buildings showing height, horizontal dimensions and finishing materials
of all buildings, existing and proposed;
iii.
A parcel grading plan indicating, bLit not limited to the elevation of the parcel at all corners and the
grade at all corners of the proposed development as well as the grades of the adjacent streets, lanes
and sewers servicing the parcel;
iv.
Storm drainage plan:
v.
The location of existing and proposed municipal and private local improvements as well as a cost
and time estimation of the installation of these improvements; and
Land Use Bylaw ###-##
11
3 Development Permit Process
vi.
The lowest finished floor elevation in either the basement or main floor in the principal and accessory
buildings where applicable.
e.
Be accompanied by an electronic copy (by way of USB key or CD) of all plans and drawings;
f.
Provide a real property report to be submitted by the applicant to verify compliance of all existing and
proposed buildings with this Bylaw;
g.
Include certificate of title from the Land Titles Office:
h.
lndcate authorization by all registered owneis where there is more than one registered owner;
i.
Be signed with the corporate seal
or include verification of corporate signing authority, where the
registered owner is a corporation; and
j.
Provide any other pertinent information or tests required by the Designated Officer respecting the parcel
or adjacent lands.
Direct Control District Requirements
3.4.2
In the case of a development permit application made pursuant to a Direct Control district, all requirements
and
procedures pertaining to the development permit application
will be at the direction and to the
satisfaction of Council.
3.4.3
In determining the development permit applicatoii requirements and procedures pursuant to a Direct Control
district the Council may consider and be guided by the provisions outlined in this Section and may require the
applicant to submit any or all of the following for the purpose of relating any pioposal to the growth of the
Town of Two Hills:
a.
An explanation of the intent of the project.
b.
The features of the project that make it desiiahle to the general pLiblic and the Town of Two Hills. This is to
include an evaluation of how the project may contribute to the present and projected needs of the Town of
Two Hills as a whole.
c.
An economic analysis of the proposals anticipated economic impact on the municipality.
cl.
A detailed development scheme containing the following information:
i.
Location of all proposed buildings;
ii.
Elevation and architectural treatment of all buildings and associated structures;
iii.
Proposed servicing scheme and its relationship to the Town of Two Hills existing and/or proposed
servicing plans;
iv.
Anticipated scheduling and sequence of development;
v.
Mechanisms by which conformance to the plan will be ensured, such as through a combination of
caveats, easements, service agreements and performance bonds;
vi.
Details of all earthwork and tree removal;
12
Town of Two Hills
Developmei
vii.
All yard setbacks, parcel coverage, parcel areas, floor areas, sizes of parcels, and number of parking
stalls; and
viii.
Such additional requirements as are determined necessary by Council with regard to the nature of
the proposed development and the surrounding use(s) that may be affected.
3.4.4
When, in the opinion of the Designated Officer. sufficient details of the proposed development have not been
included with an application for a development permit, the Development Authority may return the application
to the applicant for further details. The retLirned application shall not be determined to be in its final form
until all required details have been submitted to the satisfaction of the Development Authority. Should the
municipality deem the submitted application incomplete, the Development Authority may issue a notice
acknowledging the application is incomplete.
3.4.5
As part of the development permit application, the Development Authority may require the applicant to
provide written consent to enter upon the subject property to verify compliance of all existing and proposed
development(s) with this Bylaw.
3.4.6
Where an incomplete application has been submitted, the Tdwn of Two Hills shall hold the application for
thirty (30) days. If the applicant fails to collect the incomplete application within this period, the Town of Two
Hills shall return the application by post and retain all fees associated with the application.
DemoHtion
3.4.7
Upon application for a building demolition, the Development Authority may require a demolition plan detailing
the following:
a.
Footprint of building and site plan of property on which the building is to be demolished:
b.
Measures to be taken to ensure that the demolition is done in a safe and efficient manner and what
measures are to be taken to ensure the disturbance and nLiisances (dust, noise, debris, traffic. etc.) as a
result of the demolition are mitigated or minimal;
c.
Timelines for completion of demolition and site restoration project;
d. Salvage operation and stockpiling of bLnlding demolition material and fill from excavation; and
e.
Site restoration and land reclamation upon building demolition (filling, grading, landscaping, etc.).
Home Occupations
3.4.8
An application for a development permit for a home occupation shall include the following:
a.
A detailed description of the bLisiness;
b.
Typical hours of operation;
c.
Number of resident and non-resident employees:
d.
Number of vehicle trips per day;
e.
A site plan indicating:
i.
Location of Outdoor Storage and potential measures to mitigate visual and noise impacts
on
adjacent properties;
Land Use Bylaw ###-##
13
3 Devetopr
rocess
U.
Parking layout; and
iii.
A breakdown of the business use area in relation to the remainder of the property.
f.
An application fee as established by the Business Licence Bylaw 2014-947 as amended from time to
time.
g.
Any other information requested by the Development Authority.
Relocation of Buildings
3.4.9
Any hLillding to be moved in or placed within any district established by this Bylaw shall require approval by
the Development Authority.
3.4.10
An application to relocate a building shall recluire:
a.
Properly labeled colour photos of all sides of the structure;
b.
A statement of the present location of the building;
c.
A notification of the relocation route, date, and time that the relocation is to take place;
d.
A complete site plan showing all buildings located or to be located on the parcel: and
e.
A deposit of:
i.
$4000.00 for a habitable residence; or
$1500.00 for any other structure greater than 27.9m2 (300.Oft2).
3.5
Notice of Proposed Development
3.5.1
Prior to an application being considered for a discretionary use, the Development Authority may require one
or more of the following prior to the date of consideration of the application:
a.
A similar notice to be published once in a newspaper circulating in the municipal area, at the expense of
the applicant; or
b.
A similar notice to be published on the Town of Two Hills website.
3.5.2
The notices issued pursuant to Section 3.6 shall state:
a.
The proposed use of the building or parcel;
h.
That an application respecting the proposed use will be considered by the Development Authority; and
c.
That any person who objects to the proposed use of the parcel may deliver to the Development Authority a
written statement of their objections indicating:
i.
Their full name and address for service of any notice to be given to them in respect of the objection;
and
ii.
The reasons for their objections to the proposed use.
14
Town of Two Hills
3 Development Permit Process
3.6
Referrals for Development Applications
36.1
The Development Authority may refer any development permit application to the MPC for their review and
corn men t.
3.6.2
The Development Authority may refer any development permit application to another mLinicipal department
or external agency for their review and comment. The following is a description of mandatory referrals to
external agencies.
Crown Land Development
a.
When the municipality receives a development permit application that is to be located on Crown land or
near a regionally significant or natural area, a copy of the development permit application shall be
forwarded to the appropriate government department for comment and recommendations;
Provincial Highway Network
b.
The applicant shall be required to obtain an approval from Alberta Transportation,
in the following
circumstances:
i.
Subdivision applications within 800.Om (0.5 miles) of a provincial highway;
ii.
Development permit applications within 300.Om lO.l9miles) of a provincial highway; and
iii.
Development permit applications within 800.Om (0.50miles) of a provincial highway intersection.
Critical Wildlife, Vegetation, and Physical Environments
c.
To support the preservation of land that is identified or determined by the municipality to he a critical
wildlife habitat, vegetative area, and/or physical environment, the Development Authority may refer any
development permit application that may adversely affect the subject or adjacent property to the
appropriate government depaitment for comments and recommendations;
Alberta Energy Regulator (AER)
d. The applicant shall be required to obtain approval from AER for developments within 100Dm (328.1ff) of
sour gas, gas or oil facilities in accordance with AER regulations:
Alberta Environment and Parks (AEP)
e.
The applicant may be required to obtain an approval from AEP, subject to location of the subject property,
at the
discretion
of
Development
Authority.
All
environmental
audits
and
Environmental
Impact
Assessments shall be referred to AEP for review and comment:
Alberta Health
3.6.3
The applicant may be required to obtain an approval from Alberta Health, subject to location of the sLibject
property, at the discretion of Development Authority: andAt the discretion of the Development Authority,
interested person(s) may be provided with an opportunity to make representation on the application as part
of the development permit application review process.
3.7
Decision on Development Permit Applications
Permitted Use Applications
3.7.1
The Development Authority shall be the approving authority for all proposed development that is listed as
either a permitted or discretionary use under a land use district contained in Section 10 of this Bylaw.
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15
veIopment Pe
rocess
3.7.2
Upon receipt of a completed application for a development permit for a permitted use, the Development
Authority shall approve the application, with or without conditions, where the proposed use conforms to this
Bylaw.
Discretionary Use AppHcations
3.7.3
The Designated Officer shall decide on development permit applications for all discretionary uses under land
use districts contained in Section 10 of this Bylaw and may at their discretion refer the application to Council
for their review and decision.
Direct Control District Applications
3.7.4
Upon receipt of a completed application for a development permit pursuant to a Direct Control District, the
CoLincil may. and prior to making a decision, refer the application to the Development Authority or any
mLinicipal department or external agency for comment.
3.7.5
At some point, as determined by Council. prior to deciding upon the development permit application before it,
the Council may provide public notice, through means and to whom it considers necessary, that a decision on
a development permit pursUant to a Direct Control District is to be made and that Council may afford an
opportunity to any interested person to make representation on the application and shall take into account
any such representations made when giving final consideration to the said application.
3.7.6
The Council niay approve, with or without conditions, or refuse the application, giving reasons for the refusal.
Temporary Use Approval
3.7.7
Where a rlevelopment is not required on a permanent basis, the Development Authority may approve the
proposed development permit for a specified period of time. The expiry date of all temporary development
permits shall be clearly indicated on the notice of decision.
3.8
Variance Provisions
3.8.1
The Development ALithority may approve an application for a development permit, notwithstanding that the
proposed development does not comply with this Bylaw if, in the opinion of the Development Authority, the
proposed development woLild not:
a.
Unduly interfere with the amenities of the neighborhood;
b.
Materially interfere with or affect the use, enjoyment, or value of the neighboring properties; and
c.
The proposed development conforms to the rise prescribed for the land or building in this Bylaw.
3.8.2
In approving an application for a development permit the Development Authority shall adhere to the general
purpose and intent of the appropriate land use district and to the following:
a.
A variance shall be considered only in cases of innecessary hardship or practical difficLilties particular to
the use, character, or sitLiation of land or building that are not generally common to other land in the
same land use district;
b.
Except as otherwise provided in this Bylaw, there shall be no variance from the regulations prescribing
dwelling density; and
16
Town of Two Hills
3 Development
Process
c.
Notwithstanding other provisions related to the granting of variances, the Designated Officer shall not vary
a development control standard (such as site setback criteria) by more than 10%. Variance reqLiests
exceeding 10% shall require the approval of Council.
3.9
Deemed Refusal
3.9.1
In accordance with the Act, an application for a development permit shall, at the option of the applicant, be
deemed to be refused when the decision of the Development Authority is not made within forty (40) days of
the completed application being received by the Development ALithority unless an agreement to extend the
forty (40) day period
herein described
is established between the applicant(s) and the Development
Authority.
3.10
Notice of Decision
3.10.1
A notice of decision shall be mailed to the applicant.
3.10.2
A development permit does not come into effect until fourteen (141 days after a notice of decision
is
communicated. Any development proceeded with by the applicant prior to the expiry of this period is done
solely at the risk of the applicant.
3.10.3
The Development Authority may require a notice of decision to be:
a.
Published in a newspaper circulating in the area;
b.
Published on the Town of Two Hills website; or
c.
Be mailed to the directly adjacent landowners.
3.10.4
Further to Subsection 3.10.3, the Development Authority may provide further notice if determined necessary.
3.10.5
VVhere notice is provided through mail, an additional twelve (12) days shall be added to the notice period for
in-province notifications and nineteen (19) days for out-of-province notifications.
3.10.6
Development
permits
issued
for
permitted
uses
where
the
proposed
development
is
in
complete
conformance with this Bylaw need only be advertised, at the discretion of the Development Authority, to the
applicant and landowner of the subject property.
3,10.7
Where an application for a development permit has been refused, the notice of decision need only be sent by
mail to the applicant.
3.10.8
Where an appeal is lodged against a notice of decision of the Development Authority, the Subdivision and
Development Appeal Board, or the Alberta Court of Appeal, a development permit shall not come into effect
until the appeal has been finally determined.
3.10.9
Where a development permit has been refused, an application for a development permit for a similar use for
the same site will not be accepted for a period of six (6) months from the date of the Development Authority's
decision on the previous application.
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17
3.11
Development Permit Conditions
General Conditions for all Development Permits
3.11.1
Subsection 3.11 contains standard conditions that apply to all development permits. The Development
Authority may amend or remove any of the conditions listed or add additional conditions not referenced here
as needed on a case by-case basis.
3.11.2
In addition to other requirements of this Bylaw, the Development Authority shall require the applicant to enter
into an agreement and to abide by any or all of the following as conditions of approval for a development
permit application:
a.
Install or pay for the installation of utilities (i.e., water, sewer and natural gas);
b.
Pay for an off-site levy or redevelopment levy imposed by Bylaw;
c.
Prior to construction
or commencement of any development, the owner/applicant or contractor
is
responsible to obtain brulding. electric, plumbing, sewage, and gas permits, if reqLNred. Permits must be
obtained from the Town of Two Hills. The applicant is required to consult with the permit issuer to ensure
that there are no conflicts between homeowner/contractor permits and the person(s) responsible for
performng the actual work:
d.
All arrears that may be owed by the applicant to the Town of Two Hills be paid in full;
e.
The development that is the subject of the permit he commenced within twelve (12) months of the issue
date of the development permit and be completed within twenty-four (24) months:
1.
Failure to conform to the conditions of a permit will render it nLlll and void;
g.
All development shall be landscaped and graded
in a manner that all surface run-oft is either contained
on-site, directed into an existing water body (i.e.. a lake or stream) or public drainage system (i.e., a
municipal ditch);
h.
A lot grading, elevation, and drainage plan:
i.
The applicant shall remove all garbage and waste at his/her own expense and keep the site in a neat and
orderly manner;
j.
The proposed development shall be sited and conform to all building setbacks as shown on the submitted
drawing and shall not be moved or enlarged except where authorized;
k.
Any field work or construction undertaken prior to the effective date of the developi'nent permit is at the
risk of the owners/applicants;
I.
Any changes or additions to a permit shall require a new development permit application; and
in. All development permit fees shall
be
paid
in
full
prior to construction
or commencement of any
development. Failure to pay permit application fees will render a permit null and void.
3.11.3
In addition to the requirements set out in Subsection 3.11.2, the Development Authority may also require the
applicant to enter into an agreement and to abide by any or all of the following as conditions of approval for a
development permit application:
18
Town of Two Hills
a.
ConstrLlct or pay for the construction of public roadways or parking areas;
b. Construct or pay for a pedestrian walkway (sidewalk) system to serve the development;
c.
Repair, reinstate, or pay for the repair or reinstatement to original condition of the curbing, sidewalk, and
boulevard, and landscaping. which may be damaged or otherwise affected by the development or building
operations on the site; and
d. Additional conditions for development permit approval as described below for specialized uses.
3.11.4
The applicant must obtain Public Works approval for all approaches reqLnred for the proposed development.
3.11.5
The building should be connected to municipal service (water and,'or sewer) at the applicant's expense.
Conditions for Commercial Development
3.11.6
Notwithstanding other provisions in this Bylaw. any commercial development will be subject to the following
conditions:
a.
The site shall be re-districted to commercial land use district for any commercial development;
b.
The applicant vill be required to provide an emergency and fire protection plan; and
c.
The applicant
will
be required to submit an
engineering assessment evaluating the storm water
management capacity of the site and potential solutions for mitigating the impacts on the capacity of the
overall storm water basin.
Conditions for Home Occupation Application
3.11.7
The permit is valid for one (1) year commencing the effective date, and shall be automatically renewed each
year afterwards subject to conformance with the Land Use Bylaw and the conditions of approval contained in
the permit.
3.11.8
The applicant is advised that any application for renewal is subject to review by the Development Authority.
The Development Authority shall be notified
in writing of sLich renewal requests, accompanied
by the
appropriate development permit application fee, if required, at least six (6) months prior to the expiry date of
the development permit.
3.11.9
The applicant is responsible for obtaining and complying with any required permits from federal, provincial, or
other legislation, or the condition of any easement, covenant, building scheme, or development agreement
affecting the land.
3.11.10
All home occupations may also be regulated through the the Town of Two Hills's Business Licence Bylaw.
Conditions for Relocation of Buildings
3.11.11
The applicant shall sign a letter of undertaking (agreement) and post security in the form of an irrevocable
letter of credit or cash
in the amount of $4,000.00 for a residence and $2,000.00 for a single-wide
manufactured home prior to the issuance of a permit and the building being moved on-site. This security will
ensure that any required modification to the design siting, finishing, and cladding of the relocated building
are completed.
Land Use Bylaw ###-##
19
3Devekpment Perm it Process
3.11.12
In the event the funds allocated in the letter of credit are not sufficient to ensure satisfactory completion of
the require modifications, the Development Authority may undertake the modifications at the expense of the
applicant.
3.11.13
If this is a temporary residence, the applicant shall enter into a memorandum of agreement with the Town of
Two Hills pertaining to the following:
a.
The applicant shall post security in the applicable amount as outlined in the Town of Two Hills's Schedule
of Fees;
b.
The present manufactLirecl home shall be removed from the property within thirty (30) days of occupying
the new dwelling unit, or thirty days of the construction requiring the use of a temporary residence ending;
and
c.
If modifications, renovations,
or improvements are
required
they shall
be specified
in the
permit
application.
3.11.14
The modifications, renovations, or iinprovenients shall be completed within 160 days of the relocation of the
structure or at the Development Authority's discretion.
3.11.15
Upon completion of the strLictLire the Dcvclopment Authority will inspect the site to determine compliance. If
work is not done to the Town of Two Hills's satisfaction, the Development Authority shall be at the liberty to
use the security to have the work completed to bring the buildng into compliance.
3.11.16
The Development Authonty may require, when a development permit application is received to relocate a
building. a notice in writing be forwarded to all adjacent landowners in the neighboLlrhood.
3.11.17
Any renovations and any conditions imposed by the Development Authority to a relocated buiIdng shall be
completed within one (1) year of the issuance of the development permit. Non-compliance shall result in the
forfeiture of the performance bond or letter of credit.
3.11.18
Except where exempted by the Development Authority, any building receiving approval to be relocated shall
he brought up to all existing standards, ordinances, roles, regulations, and Bylaws, including the Alberta
Safety Codes Act.
3.11.19
When reviewing development permit applications for relocated buildings, the Development Authority shall
consider the
impact of the proposed relocated building on the aesthetics and value of the adjoining
prties.
3.11.20
In the case of a building to be relocated, it shall, in the opinion of the Development ALithority, be compatible,
with respect to age and appearance, with the bLnldings in the receiving neighbourhood once all required
renovations and improvements have been completed.
3.11.21
All homes constructed outside of the Province of Alberta must comply with the Alberta Safety Codes Act.
3.11.22
Prior to the relocation of a building within the Town of Two Hills, the applicant must provide a copy of the
approved building permit.
AdditonaI Conditions
3.11.23
The Development ALithority may, at its discretion, apply any further conditions upon a development permit as
it deems necessary.
20
Town of Two Hills
3 Development Permit Process
3.12
Validity of Development Permits
3.12.1
A development permit remains in effect unless:
a.
It is suspended or cancelled: or
b.
The development that is the subject of the development permit is not commenced within twelve (12)
months from the date of the issuance of the development permit or as otherwise noted, or not carried out
with reasonable diligence; and
c.
The development that is the subject of the development permit is to be externally completed within
twenty-four (24) months of the effective date of the development permit (or as otherwise noted), or be
shown to be carried out with reasonable diligence.
3.13
Extension of Development Permits
3.13.1
The Development Authority may grant a one-time extension to the end date of a development permit for a
maximum of one (1) year where the permit is for a building or use that is permitted or, in the opinion of the
Development Authority, does not adversely impact the use, enjoyment, or value of neighbouring properties.
3.14
Resubmission Interval
3.14.1
If an application for a development permit is refused by the Development Authority or on an appeal to the
Subdivision and Development Appeal Board, the Development Authority may refuse to accept subsequent
development permit applications for the same or similar use on the same parcel for a period of six (6) months
from the date of refusal unless, in the opinion of the Development Authority:
a.
The reasons for refusal have been adequately addressed; or
b.
The circumstances of the application have changed significantly.
3.15
Suspension or Cancellation of Permits
3.15.1
The Development Authority may suspend or cancel the notice of decision or the development permit by
notice, in writing, to the holder of the permit if, after a development permit has been issued, the Development
Authority becomes aware that:
a.
The application for the development contains a misrepresentation;
b.
Facts concerning the application
or the development were not disclosed which should have been
disclosed at the time the application was considered;
c.
The development permit was issLied in error; or
d.
The conditions of development approval are not complied with in a satisfactory manner.
3.15.2
If a person fails to comply with a notice under Section 645 of the Act, the Development Authority may
suspend or cancel any existing development permit by notice, in writing, to the holder of the permit.
Land Use Bylaw ###-##
21
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22
Town of Two HIIs
Requirements for Subdivision Applications
The applicant shall be responsible for the following:
a.
All applicable fees according to the Town of Two Hills Fee Schedule. These include, but are not limited to,
application, appraisal, mapping, administration, and endorsement fee.
b.
The expense of drafting a development agreement.
c.
Payment of a Subdivision Road Improvement Levy in accordance with the Town of Two Hills policy.
d.
All legal, engineering, and evaluation costs related to the application and approval of the proposed
subdivision.
Decision on Subdivision Applications
The municipality may use the recommendations of an
environmental audit or
Environmental
Impact
Assessment as a basis for comments to the Subdivision Authority in recommending to approve, approve with
conditions, or refuse an application for subdivision.
4.2.2
A decision from the Subdivision Authority may be appealed to the SLibdivision and Development Appeal Board
or Municipal Government Board.
4.1
4.1.1
4.2
4.2.1
Land Use Bylaw ###-##
23
:,M1 Proce'
4.3
Subdivision Approval Conditions
4.3.1
Subsection 4.3 contains standard conditions that apply to all subdivisions, in addition to any outlined in the
applicable district. The Subdivision Authority may amend, remove or add to any of the conditions listed as
needed on a case-by-case basis.
4.3.2
All subdivision conditions must be fulfilled within twenty-four (24) months of date of subdivision approval.
4.3.3
The applicant shall enter into a development agreement, in a form satisfactory to the Town of Two Hills, to do
any or all of the things referenced in Section 655 of the Act. This development agreement may include, but is
not limited to:
a.
Suitable access to each parcel constructed to the Town of Two Hills standards;
b. Water:
c.
Sewage disposal;
d.
Public transportation operated by or on behalf of the municipality;
e.
Irrigation:
1.
Drainage;
g.
Fuel;
h.
Electric power;
i.
Heat:
j.
Waste management;
k.
Telecommunications;
I.
Traftic control signs:
m. Subdivision entrance signs;
ii. Street names and addressing;
o.
Installation of addressing for each lot created:
p. School Division bus signage installed at the entrance of the subdivision: and
q.
That the Town of Two Hills must approve all infrastructure, signage, street names, and addressing prior to
installation or plan endorsement.
4.3.4
Pursuant to Section 662 of the Act, 5.2m (17.Oft) of road widening adjoining all municipal road allowances is
required and may be registered through caveat.
4.3.5
The Subdivision Authority may require a restrictive covenant be placed on all residential lots:
a.
Restricting basements on all lots that are restricted for basement development as per any geotechnical
report reqLured by the Town of Two Hills;
24
Town of Two Hills
11bdivision Process
b.
Prohibiting clearing of vegetation outside of established building sites except where required for weed
management, removal of hazardous trees, and/or selective removal of deadfall;
c.
Prohibiting the development of water wells unless a report prepared in accordance with Section 23 of the
Water Act recommends that a water well may be approved for the residential site;
d.
Restricting waste-water disposal systems to holding tanks only on certain lots based on assessment of an
on-site Wastewater Treatment System Suitability report.
4.3.6
Restricting some lots or units to the sole use of utility services such as water and waste-water above ground
infrastructure, sani-dump treatment and collection facilities, pump stations and fire ponds.
Reserve Lands
4.3.7
Mijnicipal, school, or municipal and school reserve shall be provided in accordance with the Act and the MDP.
4.3.8
Public Litility lots and rights of way must be provided, if required, in accordance with the Act and the MDP.
4.3.9
The applicant may be required to provide a landscaped buffer area where the SLrbdivision Authority feels it is
necessary to limit any potential noise impact from a neighbourhood use.
4.4
Validity of Subdivision Approval
4.4.1
An approval from the SLibdivision Authority, SDAB or MGB is valid for two (2) years from date of issuance.
Extension of this period shall not be allowed.
4.4.2
Subject to a fourteen (14) day appeal period, the applicant must submit a plan of subdivision to the
Subdivision Authority for endorsement within one (1) year from date of subdivision approval.
4.5
Endorsement of Subdivision
Plan of Subdivision
4.5.1
The applicant shall prepare and present to the Town of Two Hills staff a plan of subdivision that:
a.
Complies with Section 657 of the Act:
b.
Complies with the Land Titles Act of Alberta:
c.
Is acceptable in all respects to the Registrar of the Land Titles Office of Alberta;
d.
Shows the boundaries of the proposed subdivision, including all approaches; and
e.
Shows any required reserve lands.
Endorsement
4.5.2
The plan of subdivision shall not be endorsed by the Subdivision Authority if there are any outstanding:
a.
Property taxes on the property of the proposed subdivision;
b.
Compensation of the items outlined in Subsection 4.1.1; or
c.
Statutory required approvals.
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25
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26
Town of Two Hills
5.1
Grounds for Appeals
5.1.1
In accordance with Section 685 of the Act, the person applying for the permit or affected by the stop order
under Section 645 may appeal to the Subdivision and Development Appeal Board (SDAB). if a Development
Authority:
a.
Fails or refuses to issue a development permit to a person;
b.
Issues a development permit subject to conditions; or
c.
Issues an order under Section 645 of the Act.
5.1.2
No appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions
of the Land Use Bylaw were relaxed, varied or misinterpreted.
5.2
Procedure for Appeals
5.2.1
In accordance with Section 686 of the Act, development appeal to an SDAB is commenced by filing a notice
of the appeal, containing reasons, with the hoard within fourteen (21) days,
a.
In the case of an appeal made by a person referred to in Section 685, after:
i.
The date on which the person is notified of the order or decision or the issuance of the development
permit;
Land Use Bylaw ###-##
27
ii.
If no decision is made with respect to the application within the forty (40) day period or withn any
extension under Section 684, the date the period or extension expires; or
Hi.
In the case of an appeal made by a person referred to in Section 685(2), the date on which the
notice of the issuance of the permit was given in accordance with the Land Use Bylaw.
5.2.2
The SDAB must hold an appeal hearing within thirty (30) days after receipt of a notice of appeal.
52.3
The SDAB must give at least five (5) days notice in writing of the hearing:
a.
To the appellant;
b.
To the Development Authority whose order, decision, or development permit is the subject of the appeal:
and
c.
To those owners reqLiired to be notified under the Land Use Bylaw and any other person that the SDAB
considers to be affected by the appeal and should he notified.
5.2.4
The SDAB must make available for public inspection before the commencement of the hearing all relevant
documents and materials respecting the appeal, inclLiding:
a.
The application for the development permit, the decision, and the notice of appeal; or
b.
The order Linder Section 645 of the Act.
5.3
Hearing and Decision
5.31
In accordance with Section 687(1) of the Act, at a hearing Linder Section 686, the SDAB must hear:
a.
The appellant or any person acting on behalf of the appellant:
b.
The Development Authority from whose order, decision, or development permit the appeal is made, or a
person acting on behalf of the Development Authority;
c.
Any other person who was given notice of the hearing and who wishes to he heard, or a person acting on
behalf of that person; and
d.
Any other person who claims to be affected by the oider, decision or permit and that the SDAB agrees to
hear, or a person acting on behalf of that person.
5.3.2
The SDAB must give its decision in writing together with reasons for the decision within fifteen (15) days after
concluding the hearing.
5.3.3
In determining an appeal, the Subdivision and Development Appeal Board:
a.
Must act in accordance with any applicable Alberta land SUrveyors' Association (ALSA) regional plan;
b.
Must comply with the land use policies and statutory plans and the Land Use Bylaw in effect;
c.
Must have regard to hut is not bound by the subdivision and development regulations;
d.
May confirm, revoke, or vary the order, decision, or development permit or any condition attached to any
of them or make or substitute an order, decision, or permit of its own; and
28
Town of Two Hills
e.
May make an order or decision or issue or confirm the issue of a development permit even though the
proposed development does not comply with the Land Use Bylaw if, in its opinion:
i.
The proposed development would not Linduly interfere with the amenities of the neighbourhood, or
materially interfere with or affect the use, enjoyment, or value of neighbouring parcels of land; and
ii.
The proposed development conforms to the use prescribed for that land or bLclding in the Land Use
By' aw.
5.4
Court of Appeal
5.4.1
Pursuant to Section 688 of the Act, an appeal lies to the Court of Appeal on a question of jurisdiction or law
with respect to:
a.
A decision of the SLibdivision and Development Appeal Board; or
b.
The Municipal Government Board on a decision of an appeal Linder Section 619 of the Act, an inter-
municipal dispute under Division 11 of the Act, or a subdivision appeal.
5.4.2
An application for leave to appeal must be filed with the Court of Appeal within thirty (30) days after the issue
of the decision sought to be appealed, and notice of the application must be given to:
a.
The Town of Two Hills;
b. The Municipal Government Board or the Subdivision and Development Appeal Board; and
c.
Any other person(s) that the judge directs.
Land Use Bylaw ###-##
29
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30
Town of Two Hills
6 Enforcement
6.1
Contravention
61.1
A Development ALithority may find that a development or use of land or buildings is not in accordance with:
a.
The Act or the regulations;
b.
A development permit or subdivision approval; or
c.
This Bylaw.
If this is the case, the Development Authority may, by notice in writing, order the registered owner, the person
in possession of the land or buildings, or the person responsible for the contravention, or any or all of them
to:
d.
Stop the development or use of the land or buildings in whole or in part as directed by the notice;
e.
Demolish, remove or replace the development; or
f.
Take such other measures as are specified in the notice so that the development or use of the land or
buildings is in accordance with the Act, the regulations, a development permit, subdivision approval, or
this Bylaw, as the case may be.
6.1.2
Where a notice is issued under Subsection 6.1.1, the notice may state the following and any other
information considered necessary by the Development Authority:
Land Use Bylaw ##-##
31
a.
An explanation of the contravention, and a statement indicating under which provisions of this Bylaw or
the Act the order is being carried out;
b.
The alternatives and processes which the person responsible for the contravention may pursue in order to
correct the contravention:
c.
A time frame in which the contravention must be corrected prior to the Town of Two Hills pursuing further
action; and
d.
Advise the person of their right to appeal the notice to the Subdivision and Development Appeal Board.
6.1.3
Where a person fails or refuses to comply with an order directed to them pursuant to Subsection 6.1.1 or an
order of the SDAB Linder Section 687 of the Act within the time specified, Council, or a person appointed by it,
may, in accordance with the Act, enter L1POO the land or bLulding and take such action as is necessary to carry
out the order. Where an order has not been complied with, Council may register a caveat against the title of
the subject property related to the order. Costs and expenses incurred in carrying out the order may be
placed on the tax roll for the subject property and shall be collected in the same manner as property taxes.
6.2
Prohibitions
6,2.1
No person shall contravene or permit
a contravention of this Bylaw. No person shall commence or
undertake a development, use, or sign that is not permitted by this Bylaw.
6.2.2
No person shall contravene a condition of a permit issued under this Bylaw.
6.2.3
No person shall authorize or do any development that is at variance with the description, specifications
or plans that were the basis for the issuance of a development permit.
No person shall modify any
description, specifications. or plans that were the basis for the issuance of any permit by a Designated
Officer.
6.3
Non Compliance
6.3.1
If, after a development permit has been issued, the Development ALithority becomes aware that:
a.
The application for the development contains a misrepresentation;
b.
Facts concerning the application
or
the development were not disclosed
which should have been
rtisclosed at the time the application was considered:
c.
The development permit was issued in error:
d.
The application was withdrawn by way of written notice from the applicant; or
e.
If the condition(s) imposed in the development permit have not been complied with:
The Development Authority may cancel, suspend, or modify as considered appropriate, the development
permit by notice, in writing, to the holder of the permit.
6.3.2
A person whose development permit is cancelled, suspended or modified under Subsection 6.3.1 may appeal
to the SDAB in accordance with Section 5 of the Bylaw within fourteen (14) days of notice of such action.
32
Town of Two Hills
6.4
Warning Notice
6.4.1
A Designated Officer may issue
a warning notice outlining the nature of the violation, corrective
measures that may be taken, and the deadline for corrective measures.
6.5
Violation Tickets
6.5.1
A Designated Officer shall be authorized and empowered to issue a municipal ticket to any person who the
Designated Officer has reasonable and probable grounds to believe it has contravened any provision of this
Bylaw.
6.5.2
A mLiniclpal ticket may be served:
a.
Personally to the person; or
b.
Mailed to the address shown on a certificate of title for the lands on which the contravention is alleged to
have occurred.
6.5.3
The municipal ticket shall be in a form approved by the Chief Administrative Officer and shall state:
a.
The name of the person to whom the municipal ticket is issued:
b.
A description of the offence and the applicable Bylaw Section;
c.
The appropriate penalty for the offence as specified in this Bylaw;
ci. That the penalty shall be paid within fourteen (14) days of the issuance of the municipal ticket in order to
avoid prosecLition: and
e.
Any other information as may be required by the Chief Administrative Officer.
6.5.4
Where a contravention of this Bylaw is of a continuing nature, further municipal tickets may be issued by a
Designated Officer.
6.5.5
A person to whom a municipal ticket has been issued may pay the penalty specified on the municipal ticket
and if the amount is paid on or before the required date, the person will not be prosecuted for the offence.
6.5.6
Where a municipal ticket has been issued and the penalty specified on the municipal ticket is not paid within
the prescribed time, a Designated Officer is hereby authorized and empowered to issue a violation ticket
pursuant to Part 2 of the Provincial Offences Procedure Act.
6.5.7
Notwithstanding Subsection 6.5.6, a Designated Officer may immediately issue a violation ticket to any
person whom the Designated Officer has reasonable and probable grounds to believe has contravened any
provision of this Bylaw.
6.5.8
A violation ticket issued with respect to a contravention of this Bylaw shall be served upon the person
responsible for the contravention in accordance with the Provincial Offences Procedure Act.
6.5.9
If a violation ticket is issued in respect of an offence, the violation ticket may:
a.
Specify the fine amount established by Bylaw for the offence; or
b.
Require a person to appear in court without the alternative of making a voluntary payment.
Land Use Bylaw #####
33
6.5.10
A person who commits an offence may, if a violation ticket is issued
in respect of the offence and the
violation ticket specifies the fine amount established by Bylaw for the offence, make a voluntary payment
equal to the specified fine.
6.5.11
When a clerk records in the Court records the receipt of a voluntary payment pUrsuant to this Bylaw and the
Provincial Offences Act, the receipt of that payment by the act of recording constitutes acceptance of the
gLHlty plea and also constitutes a conviction and the imposition of a fine in the amount of the specified
penalty.
6.5.12
In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in
respect of each day or part of a day, on which the offence continues and any person guilty of such an offence
is liable to a fine in an amount not less than that established by this Bylaw for each such separate offence.
6.6
Right of Entry
6.6.1
Where the Development Authority finds that a development or use of land or buildings is not in accordance
with:
a.
Part 17 of the Act, regulations thereto, and/or the Land Use Bylaw; or
h.
A development permit:
The Development Authority may take such action as specified in Sections 542 and 543 of the Act.
6.7
Stop Orders
6.7.1
The Development Authority may act under Subsection 6.7.2 pursLlant to Section 645(1) of the Act, if a
Development Authority finds that a development, land use, or use of a building is not in accordance with:
a.
This Part or a Land Use Bylaw or regulations under this Part: or
b.
A development permit or subdivision approval.
6.7.2
If Subsection 6.7.1 applies, the Development Authority may, by written notice, order the owner, the person in
possession of the land or building, or the person responsible for the contravention, or any or all of them, to:
a.
Stop the development or use of the land or buUding in whole or in part as directed by the notice;
b.
Demolish, remove, or replace the development; or
c.
Carry out any other actions required by the notice so that the development or use of the land or building
complies with this Section, the Land Use Bylaw or regulations under this Part, a development permit or a
subdivision approval, within the time set out in the notice.
6.7.3
A person who receives a notice referred to in SLibsection 6.7.2 may appeal to the SDAB in accordance with
Section 685 of the Act.
6.8
Appeal to Stop Orders
6.8.1
A person named in a stop order may appeal to the Subdivision and Development Appeal Board (SDAB).
34
Town of Two Hills
6 Enforcement
6.9
Enforcement of Stop Orders
6.9.1
Pursuant to Section 646(1) of the Act, if a person fails or refuses to comply with an order directed to the
person under Section 645 or an order of an SDAB under Section 687, the municipality may, in accordance
with Section 542, enter on the land or building and take any action necessary to carry out the order.
6.9.2
A municipality may register a caveat under the Land Titles Act in respect of an order referred to in Subsection
6.9.1 against the certificate of title for the land that is the subject of the order.
6.9.3
If a municipality registers a caveat under Subsection 6.9.2, the municipality must discharge the caveat when
the order has been complied with.
6.10
Offenses and Penalties
6.10.1
Any person who fails or contravenes any provision of this Bylaw or who commits an offence pursuant to
Section 557 of the Act is guilty of an offense and is liable upon conviction to a fine of $250.00 in accordance
with Section 566 of the Act.
6.10.2
Where a person undertakes development prior to a development permit being issued shall be liable to a fine
established by Bylaw of Council.
Land Use Bylaw ###-##
35
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36
Town of Two Hills
v Amendme
7.1
Procedure for Amendments
Application Requirements
7.1.1
A person may apply to amend this Bylaw, in writing, to the Development Authority by completing the proper
form. All proposed amendments to this Bylaw shall be made in accordance with Section 692 of the Act.
7.1.2
As part of the application
referred to
in Subsection 7.1.1, the applicant must provide the follo\ving
information:
a.
Reasons in support of the application;
b.
The use to be made of the land that is the subject of the application;
c.
Reference to all utility corridors; and
d.
The method of land servicing.
Payment and Undertaking
7.1.3
A person making an application to amend this Bylaw for a purpose other than the clarification of an existing
provision of this Bylaw shall;
a.
Pay the Town of Two Hills an application fee as set by Bylaw of Council;
Land Use Bylaw ###-##
37
b.
Undertake in writing on a form provided by the Town of Two Hills to be liable for, and pay on demand, all
expenses made necessary by the processing of the proposed amendment which the Town of Two Hills
may incur, whether it be enacted or not, including bLit not limited to map printing and reproduction costs,
sLirveys and advertising charges: and
c.
Sign a consent authorizing the right of entry by the Development Authority to such lands or buildings as
may be required for investigation of the proposed amendment.
Investigation by Development Authority
7.1.4
Upon receipt of an application to amend the Land Use Bylaw, the Development Authority shall:
a.
Initiate or carry out any necessary investigation or analysis of the issues involved in or related to the
amendment; and
h.
Prepare a detailed report including all maps and relevant material for Council to consider.
Procedure by Applicant
7.1.5
Upon
receiving the
preliminary advice
of the
Development Authority, the
applicant shall
advise the
Development ALithority if:
a.
The applicant wishes the Council to proceed with the amendment as submitted
by the person, or an
alternative amendment proposed by the Council; or
b.
The applicant wishes to withdraw the application for an amendment.
Review by Council
7.1.6
As soon as reasonably convenient, the Development ALithority shall submit the proposed amendment as
originally applied for, or as alternatively determined by the applicant in Subsection 7.1.5 as the case nay be,
to the Council, accompanied by the report of the Deveiopnient Authority and other relevant material, if any,
and the Council shall then consider the proposed amendment.
Proposed Amendments may originate from Development Authority
7.1.7
The Development Authority may, at any time oil its own motion, present for the consideration of Council any
proposed amendment to this Bylaw, and the proposed amendment shall be accompanied by the report and
recommendation of the Development Authority.
Amendments Proposed in Council
7.1.8
Council may, at any time, initiate an amendment to this Bylaw, but prior to first reading of any proposed
amendment the proposal shall
be referred to the Development Authority for necessary reports and
recommendations.
7.2
Amendment Review Process
7.2.1
CoLincil may, after administrative review, give first reading to a Bylaw to amend this Bylaw.
7.2.2
Should first reading be given to a Bylaw to amend this Bylaw, Council shall:
a.
Establish the date, time, and place for a public hearing on the proposed Bylaw;
38
Town of Two Hills
7 Land use Bylaw Amendment Process
b.
Outline the procedure to be followed by anyone wishing to be heard at the public heating; and
c.
Outline the procedure by which the pLiblic hearing will be conducted.
7.2.3
Council may give a second and third reading to an application to amend this Bylaw.
7.3
Advertisement Requirements
7.3.1
On first reading being given to a Bylaw to amend this Bylaw, the administration shall:
a. Arrange for notice of the public hearing to be published in two (2) issues of a newspaper circulating in the
Town of Two Hills, the publication date of the second issue being not less than five (5) days prior to the
commencement of the public hearing in a manner outlined in the Act; and
h.
Mail
a notice of the public hearing to any neighbouring land owners who,
in the opinion
of the
Development Authority, may be affected by the proposed amendment.
7.3.2
If the proposed amendment provides for a change of district or change of provisions of a district, the
Administration shall mail, not less than fourteen (14) days preceding the date of the public hearing, notice to:
a.
The applicant:
b. The registered owner(s) of the land if not the applicant, the registered owner(s) of adjacent land;
c.
If the subject amendment lands are adjacent to lands in another municipality, notice to that municipality;
and
d.
Any other authorities or persons who, in the opinion of the Development Authority, may be affected.
7.3.3
The notice of the public hearing shall contain the following information:
a.
The date, time, and place of the public hearing;
b. The purpose of the proposed Bylaw;
c.
That a copy of the proposed Bylaw and any pLiblic documents applicable to the proposed Bylaw may be
inspected at the Town of Two Hills office during regular office hours; and
d.
The procedure to be followed at the public hearing.
7.4
Notification Hearing/Public Hearing
7.4.1
Where a pLiblic hearing is to take place Linder the provisions of Subsections 7.2.2, 7.2.3, and 7.3.1, the
Development ALithority shall provide notice of public hearing for the proposed Bylaw amendment to the
affected land owners as defined
by Subsection 7.3.2. The area of influence for such notice shall
be
determined by Council resolution.
7.4.2
The Council shall hear anyone who has received the notice of public hearing and who is interested in
speaking at the pLiblic hearing.
7.5
Decision by the Town of Two Hills Council
7.5.1
Council shall review the report and recommendations and may:
Land Use Bylaw ###-##
39
a.
Request further information:
b.
Approve the proposed text amendment or re-districting as proposed;
c.
Approve the proposed
text amendments or re-districting with iiiodifications within the scope of the
limitations of the Act; or
d.
Refuse the proposal.
7.5.2
The Council may use the recommendations of an environmental audit or Environmental Impact Assessment
as a basis for;
a.
Reasons to amend this Bylaw;
b.
Reasons to refuse an application to amend this Bylaw;
c.
Reasons to approve an application to adopt or amend a statutory plan; and
cl.
Reasons to refuse an appllcatii)n to adopt or amend a statutory plan.
7.6
Resubmission Interval
7.6.1
Where an application for an amendment to this Bylaw has been defeated by Council, another application for
the same or substantially the same amendment shall not be considered within six (6) months of the date of
the refusal unless Council otherwise directs.
7.6.2
Proposed amendments to this Bylaw are subject to those requirements and procedures set out in Section
692 of the Act regarding enactment of Bylaws.
40
Town of Two Hills
I
8.1
Accessory Building
8.1.1
Where a structure is attached to the principal building on a site by a roof, open, or closed structure, a floor or
foundation, it is considered a part of the principal hLlilding and not an accessory building.
8.1.2
An accessory building shall not:
a.
Be used as a dwelling except where it contains a garden suite in accordance with Section 9.1;
b.
Exceed one storey or 4.5m (14.Sft) in height excluding a garden suite that shall not exceed two storeys
7.Om (23.Oft) in height;
c.
Cover more than twelve percent (12%) of the subject property lot coverage.
8.1.3
An accessory building shall be located:
a.
A minimum of 2.Om (6.6ft) from any dwelling:
b.
No closer to the front property line than the front line of the dwelling;
c.
No closer than 1.Om (3.3ft) to any side or rear property line if the accessory building height is 4.Om
(13.lft) or less in height;
d.
No closer than 1.5m (4.9ft) to any side or rear property line if the accessory building is greater than 4.Orn
(13.lft) in height;
Land Use Bylaw ###-##
41
8 General Development RegulaUons
8.2
Corner Lots
8.21
On corner lots in a Residential District, no fence, wall, tree, bush, structure or thing more than O.9m (3.Oft) in
height shall be erected, placed or maintained within the triangular area formed by the intersecting road or
highway lines and a straight line joining points on the road or highway lines 6.lm (20.Oft) from their
intersection.
8.2.2
On corner lots in all Districts other than Residential Districts, no fence, wall, tree, bush, structure or thing
more than O.9m (3.Oft) in height shall be erected, placed or maintained within the triangular area formed by
the intersecting road or highway lines and a straight line joining points of the road or highway 4.6m (15.Oft)
from their intersection.
8.3
Dwelling Units on a Parcel
8.3.1
Except as otherwise provided under this Section, there shall only be one (1) dwelling unit per lot.
8.3.2
Section 8.3.1 does not apply to:
a.
Buildings designed for, or divided into, two or more dwelling units and located in a land use district which
permits such multiple family dwellings:
b.
Dwellings containing secondary suites and garden suites;
c.
Dwellings that are located within an approved manufactured home park; or
d.
A bLiilding as defined in the Condominium Property Act that is the subject of a condominium plan to be
registered in a Land Titles Office under the Act, and has been approved by the Town.
8.4
Fences and Walls
8.4.1
Notwithstanding any regLilation respecting ieciuired yard to the contrary in this Bylaw. a fence or hedge may
he constructed along a boundary line of a parcel of land.
8.4.2
No fence, wall or hedge in any Residential District shall be:
a.
Higher than 1.8m (6.Oft) in side ycicls and rear yards, such height to he measured as the average
elevation from the ground at the fence or wall unless otherwise provided in this Bylaw;
b.
Higher than O.9m (3.Oft) in front yards, except in the case of a corner lot, the side yard adjacent to the
road or highway shall be deemed to be a front yard for the purpose of this subsection;
c.
Higher than 1.8m (6.Oft) within a side yard along a building; or
d.
Higher than O.9m
(3.Oft) within 6.ini
(20.Of't) of the intersection of lanes, roads, highways, or any
combination of them.
8.4.3
All apartment or row hoLising developments shall provide, to the satisfaction of the Development Authority, a
wall, hedge or wooden fence of not less than 1.2m (4.Oft) and not more than 1.8m (6.Oft) in height, along any
side lines adjacent to any Residential District.
8.4.4
All non-residential developments adjacent to residential uses shall be buffered
in accordance with the
following:
42
Town of Two Hills
8 General Development Regulations
Non-residential Development
Buffer Width
Buffer Type
Highway Commercial
3Cm (10.Oft)
SoUd fence at least 1.5m (5.0ff) in
height and no higher than 2.lm
(7.0ff).
Highway
0Cm (0.0ff)
Wooden fence at least 1.5m (5.Ofti in
height and of good neighbour
design.
Commercial Developments
0.Om (0.0ff)
Wooden fence at least 1.8rn (6.0ff) in
height.
8.4.5
At the discretion of the Development Authority, a non-residential development adjacent to residential uses
may be buffered by means of a landscape berm of not less than 2.Om (6.6tt).
8.5
Landscaping
8.5.1
Commercial developments in residential areas shall have at least 10% of the lot area landscaped.
8.5.2
Garbage containers and outdoor storage shall be screened and accessible for convenient pickup.
8.5.3
Landscaping shall be provided and maintained for all drive-in businesses, car washing establishments,
service stations and gas bars, to the satisfaction of the Development Authority.
8.5.4
As a condition of the approval of a development permit, all required landscaping and planting must be carried
out, to the satisfaction of the Development Authority, within one (1) year (weather permitting) of the
occupancy or the commencement of operation of the proposed development.
8.5.5
0ff-street parking lots in Commercial Districts shall he landscaped b the planting of trees in a manner and
number satisfactory to the Development Authority.
8.6
Oblects Prohibited or Restricted in Yards
8.6,1
No person shall keep or allow in any part of any yard in any Residential District:
a.
Any dismantled or wrecked vehicle for more than fourteen (14) successive days;
b.
Any object or chattel which, in the opinion of the Development Authority, is unsightly according to the
Unsightly and Dangerous Premises Bylaw, as amended from time to time, or tends to adversely affect the
amenities of the district in which it is located; or
c.
Any excavation, storage or piling Li of materials required during construction unless all necessary safety
measures are taken, and the owner of such materials or excavations assumes full responsibility to ensure
the situation does not prevail any longer than reasonably necessary to complete a particular stage of
construction work
8.6.2
No person shall keep or allow in any part of any rear or side yard in any Residential District a commercial
vehicle, of a loaded or Linloaded weight in excess of 4018.0kg (9000.Olbs), for a period of more than 24
consecutive hours.
Land Use Bylaw ft##-##
43
nt_Reguk
8.6.3
No person shall keep or allow in any part of any front yard in any Residential District:
a.
A commercial vehicle, of a loaded or unloaded weight in excess of 4018.0kg (9000.Olbs):
b.
Recreational trailers, boats, vehicles; or
c.
Any accessory use or parking space, without the specific approval of the Development Authority.
8.6.4
Notwithstanding any other provision of this Bylaw to the contrary, school buses nay be parked in driveways.
8.7
Off-Street Porkng
8.7.1
All off-street parking areas and accessory off-street parking areas shall:
a.
Not be located within O.9m )3.Oft) of a lot boundary line common to the lot and to a road or highway;
P.
Be constructed so that adequate access to, and exit from each parking space is provided at all times by
means of manoeLmvring aisles designed to the satisfaction of the Development ALithority: and
c.
Have necessary curb cLits located to the satisfaction of the Development Authority.
8.7.2
All parking spaces shall conform to the following requirements:
Parking Angle
Width of Space
Depth of Space
Perpendicular to
Aisle
2.7m 9,O1t)
Width of Space
Parallel to
Maneuvering
Aisle
Overall Depth
Width of
Maneuvering
Aisle (one way)
300
450
600
900
2.7m (9.0ft
2,7in )9.Oflm
2.7m (9CR)
2.7 iii (9.011)
2.7mn (9.011)
7.Om (23.01))
9.lm (30CR)
3.7m (12.01))
5.2m (17.011)
5.5m (18.Oft)
5.8m (19.011)
3.9ni (12.711)
6.lm i20.0ft)
3.lm (10.3111
6.lm (20.Oft)
2.7m (9.Oft)
14Cm 146.011)
15,lm (50.011)
18.3m )60.Oft)
18.3m (60.OIt)
3.7m (12.011)
3.7m (12.011)
6.lm (20.Oft)
7.3m (24CR)
44
Town of Two Hills
87.3
At the discretion of the Development Authority, parking spaces and the accesses to them may be required to
be hard sUrfaced if the access is from a road, highway. or lane which is hard surfaced.
8.7.4
Parking areas must be paved or of a gravel mixture as approved by the Development Authority.
8.7.5
Each parking area shall be so graded and drained as to dispose of all storm water runoff. Drainage shall only
be allowed to cross sidewalks if approved by the Development Authority.
Required Number of Off-Street Parldng Spaces
8.7.6
The minimum number of off-street parking spaces required for each development shall be calculated from
the following table.
In the case of a use not specifically mentioned, the required number of off-street parking
spaces shall be the same as for a similar use as determined by the Development Authority. Where a
development falls within more than one use as listed, the required number of spaces shall be the sum of the
requirements for each of the uses listed.
8.7.7
The Development Authority may allow an applicant to provide a lesser number of spaces if it can be shown
that the standard is not applicable to the project, or that there is sufficient parking available in the area of the
development to meet needs, or if the development occupies an existing building where no or little parking is
available. Subject to the approval of Council the applicant may, at his option. pay to the municipality a
payment eciual to the cost of an eciuivalent public parking space provided elsewhere in the district.
Surfacing and Drainage
Land Use Bylaw ###-##
45
8 General LI
ent Regulations
Use of Building or Development
Minimum Number of Parking Spaces
Residential Uses
Dweuing, Single Family
2.0 per dwelling unit
Secondary Suite or Garden Suite
1.0 per secondary suite
Duplexes, apartments and town houses
1.5 per dwelling unit (Where this results in a fractional
requirement, the total requirement shall be the next
whole number.)
Home Occupations
1 in addition to the requirements for the residential use
Commercial Uses 4
''
Retail and personal seivce shops. banks and offices
1 per 46 5rn2 (500.0ff?) of gross leasable floor area: 1.5
per residence above commercial developments
Restaurants, cocktail bars, taverns
1 per 5 seating spaces plus 1 per 3 employees
Hotel, and motel
1 per sleeping unit plus 1 per 10 seating spaces in any
restaurants, taverns, or other eating or drinking
establishments
Places of Pubhc Assembly
',
'
,
,
.
.
,
Auditoriums, place of vvoiship, halls, piivate club, theatres
To the satisfaction of the Development Authority, but not
and other amusement oi recreation places
less than 1 space per 10 seating spaces.
Schools
- Public, separate or private elementary and Jr.
1 per employee, plus 5
High Schools
Schools
- Public oi private Si. High Schools, with oi
1 per employee, plus 1 for every 10 students
without an auditoriLim. gymnasium ci sv mining pool
Industrial Uses
' 'r
,
.
.,
"
,
.,
,
,
'."'
''
-
Manufacturing and mndustnal plants, warehousing.
1 per 3 employees on maximum shift provided that this
wholesale and storage buildings and yards, servicing and
standard may be varied by the Development Authority
repair establishments, research laboratories and public
utility buildings.
Hospira s & Similar Uses
Hospitals
1 per 92.9m' (1000.0ff') of gross floor area, or 1 per 4
beds and 1 for every 2 employees on maximum shift,
whichevem is greater
46
Tovvn of Two Hills
f'itoi
9.1
Cannabis Store
Conformance with Provincial Legislation
9.1.1
A cannabis store shat be in conformance with all requirements of the Federal Cannabis Act, Municipal
Government Act, and the Gaming, Liquor and Cannabis Act.
9.1.2
The Development Authority shall only issue a development permit for a cannabis store if the proposed
development complies with the applicable requirements of regulations under the Alberta Gaming, Liquor and
Cannabis Act respecting the location of premises described in a cannabis licence and distances between
those premises and other premises.
Location
9.1.3
A cannabis store may not have any part of an exterior wall located within lOOm (328.lft) of a:
a.
Provincial health care facility or a boundary of the parcel of land on which the facility is located;
b.
Building containing a school or a boLindary of a parcel of land on which the building is located: or
c.
Boundary of a parcel of land that is designated as school reserve or municipal arid school reserve under
the Municipal Government Act.
Hours
9.1.4
A cannabis store may only sell cannabis from 10:00am
- 2:00am.
Land Use Bylaw ###-##
47
Prohibition of Smoking and Vaping
9.1.5
No person may smoke or vape cannabis:
a.
In any area or place where that person is prohibited from smoking Under the Tobacco and Smoking
Reduction Act or any other Act or the bylaws of the municipality;
b.
On any hospital property, school property or child care facility property:
c.
Within 5Dm (16.4ft) from:
i.
A playground:
ii.
A sports or playing field;
iii.
A skateboard or bicycle park;
iv.
A zoo;
v.
An outdoor theatre; or
vi.
An oLitdoor pool or splash pad.
9.2
Garden Suite
9.2.1
A garden sLiite inoy he located in an accessory detached garden on a residential lot where a single family
dwelling is the principal dwelling.
92.2
A garden suite shall:
a.
Be limited to one (1) garden suite per property;
ID.
Comply with setbacks for accessory buildings and structures within Section 8.1;
c.
Have a covered entrance feature above the main entrance; and
cI.
Have a gross floor area less than the gross floor area of the principal dwelling: and
e.
Provide parking in accordance with Section 8.7.
92.3
A garden suite located within an accessory detached garage shall:
a.
Have a direct separate entrance to the exterior of the detached garage that it is located above.
9.3
Home Occupations
Genera I
9.3.1
A home occupation shall not:
a.
Create any adverse variation from the external appearance and residential character of land or buildings;
b.
Create any nuisance by way of noise, dust, odour, or smoke, or anything of an otfensive or objectionable
nature;
c.
Be located on a property that does not have a principle residential dwelling located on it;
48
Town of Two Hills
m;qcDeveIoprnn Reg'
d.
Occupy more than 30% of gross floor area of the principal residential dwelling: and
e.
Involve the use or storage of hazardous material in quantities exceeding those found in a normal dwelling.
9.3.2
A home occupation shall be subordinate to the principle use of the residential dwelling.
9.3.3
A development permit application for a home occupation shall, in addition to the general requirements a
development permit application within Section 3.4, meet the specific requirements of a home occupation
development permit application within Subsection 34.8.
9.3.4
A development permit for a home occupation shall be in accordance with conditions set out in Subsections
3.11.7, 3.11.8, 3.11.9. and 3.11.10.
9.3.5
A home occupation may have a sign:
a.
With a surface area no greater than 0.19m2 (2.Oft2): and
b.
Placed within a window or affixed to an external wall.
Home Occupation Minor
9.3.6
A home occupation minor shall:
a.
Not require a development permit;
b.
Be operated by the permanent residents of the principal dwelling: and
c.
Provide one (1) visitor parking stall on site.
9.3.7
A home occLlpation minor shall not:
a.
Employ any non-residents of the principal building:
b.
Have more than one (1) home occupation vehicle, with a maximum gross vehicle weight of 11,750.0kg
(25,904.Olhs), used in conjunction with the home occupation, parked and maintained on the site; and
c.
Involve the storage of related materials outdoors or within an accessory structure.
Home Occupation Medium
9.3.8
A home occupation medium shall:
a.
Be operated by the permanent resident(s) of the principal dwelling; and
b.
Be permitted visits from clients and customers within the hours of 7:00 am
- 5:00 pm.
9.3.9
A home occupation medium shall not:
a.
Employ more than two (2) non-residents concurrently:
b.
Involve the storage of related materials outdoors or within an accessory structure;
c.
Have more than three (3) home occupation vehicles. with an individual maximum gross vehicle weight of
22,600kg (49,824.5lbs), used in conjunction with the home occupation, parked and maintained on the
site: and
Land Use Bylaw ###-##
49
d.
Involve the storage of related materials outdoors or within an accessory structure.
Home Occupation Major
9.3.10
A home occupation major shall:
a.
Be operated by the permanent resident(s) of the principal dwelling;
b.
Be permitted visits from clients and customers within the hours of 7:00 am
-- 5:00 pm;
c.
Be permitted the storage of related materials within an accessory building; and
d.
Be permitted the use of indoor mechanical or electrical equipment that creates low external noise that in
the opinion of the Development Authority does not cause any ntnsance to adjacent dwellings.
9.3.11
A home occupation major shall not:
a.
Employ more than five (51 non-residents concurrently; and
b.
Have more than three 13) home occLipation vehicles, with an individual maximum gross vehicle weight of
60,000.0kg 1132,277.OIbs), used in conjunction with the home occupation, parked and maintained on
the site.
9.4
Hotels/Motels
9.4.1
For the purposes of this Section, a rentable Linit means a separate unit on a hotel/motel site used
or
intended to be used for the accommodations of one or more persons.
9.4.2
Site requirements for hotels/motels shall be in accordance with Table 1.
Table 1. Site Requirements or Hot'i \lomis
Minimum Site Area/Unit
Minimum Required Yards
Minimum Parking on Site
ONE STOREY
139Cm
Front: 7.5m
One per sleeping
(1496.2ft2l
(24.6ft)
unit
Side: 3.Om (9.8ft)
Rear: 3.Om
(9.Sft)
TWO STOREY
92.0m2
Front 7.5m
One per sleeping
(990.3ft2)
(24.6ft)
unit
Side 3.Oiii (9.8ft)
Rear 3.Om (9.8tt)
9.4.3
Except in the case of rentable units and any other buildings connected by a continuous roof to form a shelter
for motor vehicles, not less than 13.6m (11.8ft) of clear and Linoccupied surface space shall be provided
between each rentable unit and any other building on the site.
50
Town of Two Hills
9 Specific Development Regulations
9.4.4
Each rentable Linit of a motel shall face onto or abut a driveway not less than 6.Om (19.7tt) in width and shall
have u nobstructed access thereto.
9.4.5
Not more than one motor vehicle entrance and one motor vehicle exit of a hotel/motel to a street, each with
a minimum width of 7,5rn (24.6ft) at its narrowest point, shall be permitted, provided that one combined
motor vehicle entrance and exit shall be permitted, not less than 9.Orn (29.5ft) in width.
9.4.6
The owner, tenant, operator or person in charge of a hotel/motel shall at all times:
a.
Maintain the site, buildings, structures, and improvements in a clean, tidy and attractive condition free
from all rLibbish and debris:
b.
Maintain garbage and/or incineration facilities to the satisfaction of the Development Authority:
c.
Maintain an appropriate fence where required, not less than 75.0cm (29.5in) in height around the
boLindaries of the site:
d.
Landscape and keep the site landscaped: and
e.
Be responsible for providing all utility and sewage disposal and water sLipply facilities to meet the
requirements of Provincial Regulations and legislation.
9.5
Keeping of Animals
9.5.1
The keeping of livestock shall be prohibited within all land use districts excluding the Urban Reserve
UR)
District.
9.5.2
The keeping of urban hen coops shall be in accordance with Section 9.13 and the Town of Two Hill's Animal
Control Bylaw.
9.6
Manufactured Homes
9.6.1
ManLifactured homes shall have Canadian Standard Association Certification.
9.6.2
A development permit application involving a manufactured home with a construction date older than fifteen
years of the development permit application date shall not be permitted.
9.6.3
All accessory structures, such as patios, porches, additions and skirting, shall be:
a.
Designed and erected as to harmonize with the manufactured homes:
b. Considered as part of the main building; and
c.
Erected only after obtaining a development permit.
9.6.4
A manLifactured home shall be skirted from the floor level to the ground level. The skirting shall match or
complement the external finish of the manufactured home.
9.6.5
The maximum permitted floor area of porches and additions shall be proportionate to the floor area of the
manufactured home, and this relationship shall be determined by the Development Authority.
9.6.6
No accessory building or use, other than parking spaces, shall be located in the front yard of a manufactured
home stall.
Land Use Bylaw ###-##
51
9 Specific Developme 't Regu1at
9.6.7
The storage of any furniture, domestic equipment, or seasonally used equipment shall be adequately covered
or screened, either individually on the mobile home unit stall or communally, and said storage shall conform
to the Building, Fire, Electrical and Plumbing Codes.
Manufactured Home Subdivision
9.6.8
The following regLilations apply to manufactured homes located in all subdivisions:
a.
The hitch and wheels are to be removed from the manufactured home:
h.
All manufactured homes shall be placed on a foundation or base.
c.
The lot is to he fully landscaped within one year from the date of issuance of the development permit: and
ci.
Minimum lot area and width may he less in the case of existing registered sub-standard lots, with the
approval of the Development ALithority.
Manufactured Home Park
9.6.9
The following regulations also apply to manufactured home parks:
a.
MonLifoctured home stalls shall he located at least 3Dm (1O.Dft) from a property boundary line.
This
3Dm (1O.Oft) wide strip shall he landscaped and/or fenced to the satisfaction of the Development
Au then ty.
ID.
All roadways shall be constructed and maintained to the satisfaction of the Development Authority.
Minimum right-of-way width shall be 9.lm (30.Oft).
c.
A safe, convenient, all season pedestrian walkway of at least O.9m (3.Oft) in width shall be provided for
access between individual manufactured homes, the park roadways, and all community facilities provided
for paik residents.
d.
Visitor parking spaces shall be provided at a ratio of at least one (1) space for every two (2) manufactured
homes. The visitor parking shall be located at convenient locations throughoLit the manufactured home
park, and shall not he used for the storage of boats, trailers, etc.
e.
The design of manufactured home parks shall be to the satisfaction of the Development Authority.
f.
All municipal utilities shall be provided underground to stalls.
g.
A minimum of 5% of the gross site area shall be devoted to recreational use.
h.
All areas not occupied
by manufactLired
homes and their additions,
internal
roadways, footpaths,
driveways, permanent buildings and any other developed facilities shall
be fully landscaped to the
satisfaction
of the
Development Authority. Screen fences or walls shall be erected where deemed
necessary
by the
Development Authority around maintenance yards,
refuse
collection
points and
playgrounds.
i.
No part of the park shall be used for non-residential purposes except for home occupations and such uses
as are required for the direct servicing and well-being of the park residents and for the management and
maintenance of the park.
52
Town of Two Hills
j.
Each stall shall be clearly marked off by means of stakes, countersunk steel posts, fences, curbs or
hedges.
k. Street lighting shall be to the same standard as that in a conventional residential neighbourhood.
I.
Only one main, free-standing, identification sign of residential character and appearance may be erected
at the entrance to a manufactured home park, unless the Development Authority is of the opinion that a
second and similar sign shall be allowed under exceptional circumstances relating to the layoLit, location
and size of the park in relation to surrounding areas. The sign or signs shall be of a size, type and
construction acceptable to the Development ALithority.
m. Directional signs within the manufactured home park must be integrated in design and appearance, be
kept in scale with the immediate surroundings and constructed of durable material.
n.
ManLifactured homes shall be separated from each other by at least 3.Om (1O.Oft) in all directions and by
at least 4.6m (15.Oft) in all directions when either Unit has a window on the subject side. Any porch or
addition to the manufactured home shall be regarded as part of the manufactured home for the purpose
of this separation.
o.
The placement of adjacent manufactured homes shall be coordinated in a manner such that windows are
staggered from adjacent windows of neighbouring manufactured homes.
p.
The maximum permissible density for a manufactured home park shall be eight (8) manufactured homes
per gross developable 3.25 ha (1.Oac) of the lot being developed at each stage of development.
p.
The minimum area for a manufactured home stall shall he as follows:
i.
Single wide - 278.7m2(3000.Oft2); and
ii.
Double wide
-- 325.2m2 (3500.Oft2).
r.
The minimum average width for a manufactured home stall shall 15.2m (50.Oft).
9.7
Secondary Suite
9.7.1
A secondary suite shall only be allowed in single detached or duplex dwellings.
9.7.2
Only one (1) secondary sLlite shall be allowed per principal building.
9.7.3
A secondary suite shall not be allowed in an accessory building.
9.7.4
A secondary suite shall not exceed 5OA of the total floor area of the principal building, including upper floors
and basement combined, or 9O.Om2 (968.8ff2), whichever is less, and shall not be smaller than 38.Om'
(409 Oft2
9.7.5
A separate entrance door shall be reqLiired for a secondary suite either from outdoors or from a shared entry
area within the principal building.
9.7.6
A minimum of one (1) off-street parking stall shall be provided per secondary suite for the exclusive use of the
occupant of the secondary suite,
in addition to any other parking stalls required to serve the principal
building.
Land Use Bylaw ###-##
53
c Develop"
Regulati
9.8
Service Stations and Bulk Fuel Station
9.8.1
The minimum site area of a service station shall be 1,50Cm2 (16,145.9ft2).
9.8.2
The minimum site area of a bulk fuel station shall be 2,70Cm2 (29,062.6ft2).
Setback of Building and Structures
9.8.3
PetroleLirn
Tank Management Association of Alberta (PTMM) is the designated approval
authority for
administration of Alberta Fire Code for the Town of Two Hills as it relates to one or more of petroleum and/or
bulk fuel product storage system construction, registration, upgrading. testing, closure, maintenance and
operation standards.
9.8.4
The setback requirements for the above ground and underground storage tanks from buildings and property
lines shall be to the satisfaction of the PTMAA gLndelines.
Site and Building Requirements
9.8.5
All parts of the site to which vehicles nia have access shall be hard-sLirfaced if the property is accessed from
a paved public road or lane, and drained to the satisfaction of the Development Authority.
9.8.6
A minimum of 10: of the site area of a service station shall be landscaped to the satisfaction of the
Development Authority.
9.8.7
The maximum bLiilcling coverage for a service station or hulk fuel station shall be 25% of the site area.
Vehicle Wash Facilities
9.8.8
For service stations with vehicle washing facilities, a minimum of two (2) queuing spaces shall be provided
per service lane or washing hay, plLis a minimum of one (1) queuing spaces located downstream of each
service lane or washing bay.
9.9
Shipping Containers
-- Residential Use
9.9.1
Within the Residential 1 (Ri) District and Residential 2A (R2A) District shipping containers may be used as a
principal building at the discretion of the Development Authority and shall:
a.
ReqLnre a development permit;
h.
Provide compliance with the Alberta Building Code and Safety Code;
c.
Have exterior aesthetics that complement the residential character within the surrounding area;
d.
Conform to required setbacks; and
e.
Be in accordance with height regulations.
9.9.2
Within the Residential 1 (Ri) District and Residential 2A (R2A) District shipping containers may be used as an
accessory building to the principal building and shall:
a.
Be considered as a garden suite;
b.
Require a Development Permit;
54
Town of Two Hills
9 Specific Development Regulations
c.
Provide compliance with the Alberta Building Code and Safety Code;
d.
Have exterior aesthetics that complement the principal building;
e.
Conform to required setbacks; and
f.
Be in accordance with height regulations.
9.10
Shipping Containers
-- Storage
9.10.1
The placement of shipping containers requires a development permit. An application for a development
permit for a proposed shipping container must be completed and submitted to the Development Officer
accompanied by the applicable application fee and a minimum of two recent coloLir photographs of each
container (one end view and one side view).
9.10.2
Shipping containers are prohibited in all districts except:
a. Commercial or Industrial Land Use Districts north of Highway 45 as a permitted use;
b.
Plan 4397MC Lot L. Plan 6575KS Lot K, and Plan 8322078 Block 27 Lot 1; and
c.
Town facilities such as the hall and public works yard.
9.10.3
A maximum of one (1) shipping container may be permitted, at the discretion of the Development Authority,
on residential parcels of one (1) or more acre (0.4 ha) in size. Shipping containers are not permitted on
residential lots that may be further subdivided into one (1) acre (0.4 ha) or less parcels: such as, Block 15
6104NY; and Lot A Block 19 Plan 8021429.
9.10.4
Shipping containers are permitted in any district on a temporary basis:
a.
Does not require a development permit but does require notification to the Development Officer;
b.
Is for the purposes of storage during moving, construction, rehabilitation, or reclamation;
c.
If for a maximum of thirty (30) days if placed on the lot associated with the container;
d.
An extension may be provided by the Development Authority to a maximum of one hundred and eighty
(180) days:
e.
If a temporary permit has been extended beyond fortyfive (45) days: the shipping container must be
painted to match the colour(s) of the primary building or a neutral colour to the satisfaction of the
Development Authority; and
f.
The
shipping container
is
to
be
removed
immediately upon
completion
of
moving,
construction,
reclamation, or sooner as required by the Development Authority.
9.10.5
There shall be a legal primary use on the property where the shipping container is to be located.
9.10.6
Up to one (1) shipping container shall he allowed per acre; unless approved by the Development Authority.
9.10.7
Shipping containers shall not be stacked; unless approved by the Development Officer.
9.10.8
Shipping containers shall be painted to match the color(s) of the primary building or painted a neutral color
such as beige to the satisfaction of the Development Authority.
Land Use Bylaw ###-##
55
9 Specific Development Regulations
9.10.9
Shipping containers must
be
maintained
in
a
clean,
painted,
rust-free condition for the
life
of the
development.
9.10.10
The Development Authority may require, as a condition of approval, that a shipping container be screened
from
view or landscaped to make it aesthetically pleasing.
9.10.11
The Development Authority, upon passing of this Bylaw, shall take inventory of all current shipping containers.
All current landowners who have shipping containers on their property are to be notified of the amendment to
this Land Use Bylaw. and may he required to paint the shipping containers to match the colour(s) of the
primary building or a neutral colour such as beige to the satisfaction of the Development Authority within six
(6) months of notification.
9.10.12
Shipping containers shall not be Lised as a dwelling.
9.10.13
Shipping containers shall only he located in the rear or side yard only.
Where it is not possible to place the
shipping container in the rear or side yard, authorization may be granted by the Development Officer to place
the shipping container in the front yard, for a inaximLim of seven (7) days.
9.10.14
Shipping containers shall have the same setbacks and site coverage regulations as indicated for accessory
building,
9.11
Signs
9.11.1
No signs or advertising structures of a commercial, directional or informative nature shall be erected on land
or affixed to any exterior surface of any building or structure unless a development permit has been issued
for the sign or structLire.
9.11.2
No signs or advertising structures shall be erected on or affixed to private property without the prior consent
of the property owner or tenant.
9.11.3
No signs, billboards, advertising structures or signboards shall be erected on or affixed to public property
without the prior consent of the appropriate public body.
9.11.4
Notwithstanding the generality of subsection 9.11.1, nor the provisions of subsections 9.11.2 and 9.11.3,
the following signs may be erected on land or affixed to the exterior surface of a building or structure without
application for a development permit provided that no such signs shall be illuminated and provided further
that any necessary permits have been obtained in accordance with the applicable Highway Development
Authority:
a.
Signs for the purpose of identification, direction and warning or relating to a person, partnership or
company carrying on
a profession, business or trade,
or
relating to an
institution
of a
religioLls,
educational, cultural, recreational or similar character, or to a hotel, motel, club or similar institution,
provided that such signs shall not exceed 1.2m2 (12.9ft2) and be limited to one sign per parcel of land;
b.
Temporary advertisement relating to the sale or leasing of land, the sale of goods, the carrying oLit of
construction or similar work, announcement of any local event of a religious, educational, cultural,
political, or similar character provided that such advertisement shall not exceed 2.0m2 (21.5ft2), and
provided further that all such temporary advertisements shall be removed by the advertiser within fifteen
(15) days of the completion of the event or works to which sLich advertisements relate; and
56
Town of Two Hills
lopment Regulations
c.
Advertisements or signs in relation to the function of local public authorities, utility boards or other public
or quasi-public bodies.
9.11.5
No sign or advertisement shall resemble or conflict with a traffic sign, nor shall it be a traffic hazard.
9.11.6
All advertisements shall be kept in a safe, clean and tidy condition, and may by decision of the Development
Authority be required to be renovated or removed.
9.11.7
No signs or advertising structures other than those specified under subsection 9.11.4 shall be permitted in
the Residential 1 (Ri) District. Residential 2 (R2) District, Residential 2A lR2A) District, Residential 3 (R3)
District, Residential Manufactured Home Subdivision (RMHS) District, or Residential Manufactured Home
Park (RMHP) District.
9.12
Solar Energy Collector System
9.12.1
A solar energy collector system:
a.
May be located on a wall or roof of a building in any land use district; and
b.
Shall only be located on a pole within the Urban Reserve (UR) District.
Roof Mounted
9.12.2
A solar energy collector system that is mounted on a roof with a pitch of less than 4:12 may project a
maximum of 2.lm (7.Oft) from the surface of the roof.
9.12.3
A solar energy collector system mounted on a roof with a pitch of 4:12 or greater:
a.
May project a maximum of 1.2m (4.0ff) from the surface of the roof; and
b. Shall not extend beyond the outermost edge of the roof.
Wall Mounted
9.12.4
A solar energy collector system that is mounted on a wall:
a.
Shall be positioned a minimum of 2.4m (8.Oft) above grade; and
b.
May project a maximum of 0.6m (2.0ff) from the surface of the wall.
9.13
UrbcinHenCoop
9.13.1
The keeping of an urban hen coop shall be in accordance with Section 9.13.
Urban Hen Coop License
9.13.2
No property owner or tenant shall operate an urban hen coop without an approved Town of Two Hills annual
Urban Hen Coop License.
9.13.3
An Urban Hen Coop License is valid for the period of January 1 to December 31St and is required to be
renewed annually.
9.13.4
The associated fee for an Urban Hen Coop Licence, established within the Town of Two Hills's Schedule of
Fees, must be provided prior to approval.
Land Use Bylaw ###-##
57
9.13.5
If an urban hen coop is in non-compliance with an approved Urban Hen Coop License or this Bylaw, the
Development Authority may revoke or terminate an approved Urban Hen Coop License.
9.13.6
An Urban Hen Coop License shall require the following information:
a.
Name of applicant:
h.
Address of the subject property:
c.
Phone number;
d.
Email address;
e.
NLnnher of urban hens:
f.
Indication if the applicant is the property owner or tenant;
g.
If the applicant is a tenant, an authorization letter from the property owner;
Ii.
Disclaimer statement that the granting of an Urban Hen Coop License shall not exempt the applicant from
complying with the other Town of Two Hills Bylaws, or other Provincial and Federal regulations;
i.
Statement that the applicant acknowledges that they are reqLured to obtain a Premises Identification
Number (PID) throLigh Alberta Agriculture and Rural Development;
j.
Statement that the applicant will conform to all Urban Hen Coop regulations upon receiving the Urban Hen
Coop License and that failure to conform may result in termination of the Urban Hen Coop License;
k.
Applicant signature and date;
I.
Freedom of Information and Protection of Prvacy (FOIP) disclaimer; and
m. Payment of associated fee.
Development Permit Requirement
9.13.7
A development permit application for an urban hen coop shall contain, in addition to the development permit
application reqLnrements of Section 3.4, the following:
a.
An approved Urban Hen Coop License; and
b.
SLipplementary information that satisfies the requirements of Subsection 9.13.8.
Urban Hen Coop Requirements
9.13.8
An urban hen coop shall:
a.
Not exceed one (1) urban hen coop per property;
b.
Be used for personal use only;
c.
Not contain any roosters;
d.
House a maximum of three (3) urban hens;
e.
Contain urban hens within the confines of the urban hen coop at all times;
58
Town of Two Hills
9 Specific Development Regulations
f.
Provide 0.4rn2 (4.0ff2) of interior floor area per urban hen;
g.
Provide 0.9m2 (9.7ft2) of securely enclosed outdoor area per urban hen;
h.
Provide one nest box;
i.
Provide one perch, of at least 15.0cm (5.9in) in length, per urban hen;
j.
Not involve the slaughter of hens on the property;
k.
Provide sLifficient living conditions for each hen with access to food, water, shelter, Ight, air ventilation,
care, and opportunities for dust-bathing. scratching. and roosting;
I.
Be located within a rear yard and conform to accessory building and structure setbacks within Section
8.1;
iii. Be maintained in good repair and sanitary condition, and free from vermin and noxious or offensive smells
and substances;
n,
Constructed to and maintained to prevent any rodent from harbouring underneath or within or within
walls, and to prevent entrance by any other animal;
o.
Have leftover feed, trash, and manure removed in a timely and safe manner;
p.
Have feed stored within a fully enclosed container;
q.
Have manure stored within a fully enclosed 3 cubic feet container; and
r.
Follow biosecurity procedures recommended by the Canadian Food Inspection Agency to reduce potential
for disease outbreak.
9.14
Wireless Communications Facility
Location
9,14,1
Wireless communication facilities should be encouraged to locate within the Urban Reserve (UR) District.
9.14.2
Where possible, visually unobtrusive antennas are encouraged to co-locate with existing infrastructure such
as but not limited to signs located on private property and water towers.
9.14.3
New wireless communications facilities should be built to a standard to accommodate multiple devices, If
such co-location of facilities is not feasible, the clustering of such facilities shall be encouraged.
9.14.4
Wireless communication facilities and/or their access roads should avoid locating within environmentally
sensitive areas such as but not limited to steep slopes and those areas adjacent to vatercourses or water
bodies. Facilities that are proposed to be located within such areas will be requested to provide an
environmental assessment and/or a geo-technical report to the Town.
Design
9.14.5
The visibility of all wireless communications facilities and their associated appurtenances should
be
minimized through the use of design, colour, and architectural style.
9.14.6
Guyed facilities are encouraged to have daytime visual markers to prevent interference with bird migration.
Land Use Bylaw ###-##
59
9.14.7
In those
nstances where Transport Canada requires that a wireless communication facility be
lit, the
following measures are encouraged:
a.
The light source should not spill-over onto adjacent properties;
b.
The lighting should be a minimum number of low intensity white lights; and
c.
The strobe interval should be the maximum allowable by Transport Canada.
Setback
9.14.8
Wireless communication facility sites should be established with regard to Alberta Transportation and the
To\vn of Two Hills setbacks from highways and roads,
Sign age
9.14.9
Signage for wireless communications facilities should only:
a,
Identify the facility:
h.
Identify the owner and give their contact information; or
c.
Warn of any safety issues.
Ma n a gem e nt
9.14.10
Wireless communications facilities shoLild be removed within six (6) months of cessation of use.
9.14.11
All carriers interested in locating a wireless comiiruucations facility within the Town should first contact all
other carriers providing similar services and pursue Co location before meeting with the Development Officer.
These responses should he provided to the Development Officer in writing prior to meeting with him or her.
9.14.12
The Town shall request public consultation for
proposed wireless communications facilities greater than
lOOm (49.2ft) in height for landowners within a radius of six 16) times the tower height. The carrier will be
reqLured to pay the costs associated with the public consultation.
9,14.13
A letter of support will be sent by the Town to Industry Canada if:
a.
Any technical assessment that was recluested by the Town has been completed to the satisfaction of
Council; and
b.
A public consultation was either not necessary or, if public consultation was deemed necessary, it was
completed and the results of the consultation provided to Council for final decision. The results of this
decision will be forwarded by the Development Officer to Industry Canada.
60
Town of Two Hills
10 Land Use Districts
The Town of Two Hills is divided into the Land Use Districts within Table 2. Land Use Districts and the
boundaries of these Land Use Districts are shown on the Land Use Districts Map within Appendix A.
Tabie 2. Land Use Dstncts
Section
Land Use District
Page
10.1
Ri
Residential 1 (Ri) District
66
10.2
R2
Residential 2 (R2) District
68
10.3
R2A
Residential 2A (R2A) District
70
10.4
R3
Residential 3 (R3) District
72
10.5
RMHS
Residential Manufactured Home Subdivision (RMHS) District
75
10.6
RMHP
Residential Manufactured Home Park (RMHP) District
77
10.7
Cl
Town Centre Commercial (Ci) District
79
10.8
C2
Highway Commercial (C2) District
81
Land Use Bylaw ###-##
61
Districts
Section
Land Use District
Page
10.9
IL
Industrial Light (IL) District
83
10.10
IH
Industrial Heavy (IH) District
85
10.11
PR
Parks and Recreation (PR) District
87
10.12
I
Institutional (I) District
89
10.13
UR
Urban Reserve (UR) District
91
10.14
DC
Direct Control (DC) District
93
Summary of Permitted (P) and Discretionary (D) Land Use Classes
Land Use Classes
RI
R2
R2
R3
RM
RM
CI
C2
IL
IH
PR
I
UR
A
HS
HP
ACCESSORY BUILDING
P
P
P
P
P
P
D
D
P
P
P
P
P
AUCTION FACILITY, NON-
P
LIVESTOCK
AUCTION FACILITY,
D
LIVESTOCK
AGRICULTURAL
P
EXTENSIVE
AGRICULTURAL
p
INTENSIVE
AGRICULTURAL
p
SUPPORT SERVICE
ASSISTED LIVING
P
FACILITY
AUTOMOTIVE AND
D
P
EQUIPMENT REPAIR
AND SERVICE
AUTOMOTIVE AND
P
D
EQUIPMENT SALES AND
RENTAL
BAR/NEIGH BO U RHOOD
PUB
0
62
Town of Two Hills
10 Land Use Districts
Land Use Classes
RI
R2
R2
R3
RM
RM
CI
C2
IL
IH
PR
I
UR
A
HS
HP
BULKFUELSTATION
D
P
CAMIGROUND
D
CANNABIS PRODUCTION
D
D
FACILITY
CANNABIS STORAGE
Q
D
AND DISTRIBUTION
FACILITY
CANNABIS STORE
D
D
DAY CARE
D
P
DAYHOME
P
P
P
DRIVE-THROUGH
D
BUSINESS
DWELLING UNIT
D
DWELLING, APARTMENT
p
P
DWELLING, DUPLEX
D
0
D
DWELLING, SINGLE
P
D
FAMILY
P
DWELLING, TOWN
HOUSE
ENTERTAINMENT
ESTABLISHMENT,
P
IN DOOR
ENTERTAINMENT
D
ESTABLISHMENT,
OUTDOOR
FAMILYCAREFACILITY
D
D
D
D
FUNERAL HOME
p
D
GROUP CARE FACILITY
D
D
D
0
HOME OCCUPATION
D
Land Use Bylaw ###-##
63
10 Land Use Districts
Land Use Classes
RI
R2
R2
R3
RM
RM
CI
C2
IL
IH
PR
I
UR
A
HS
HP
MAJOR
HOME OCCUPATION
D
MEDIUM
D
D
HOME OCCUPATION
p
P
P
MINOR
P
P
P
HOTEL
p
P
INDUSTRIAL USE, HEAVY
D
INDUSTRIAL USE, LIGHT
p
INSTITUTIONAL USE
Q
p
KENNEL
D
D
MANUFACTURED HOME
P
P
MOTEL
p
PERSONAL SERVICE
p
PLACE OF WORSHIP
D
P
PRIVATE CLUB
D
PROFESSIONAL,
FINANCIAL, OFFICE,
HEALTH AND BUSINESS
SUPPORT SERVICE
PUBLIC PARK
p
PUBLICUTILITY
P
P
P
P
P
P
P
P
P
P
P
P
P
RESTAURANT
P
P
RETAIL, GENERAL
p
P
RETAIL, SHOPPING
p
CENTRE
SECONDARY SUITE
p
64
Town of Two Hills
10 Land Use Districts
Land Use Classes
RI.
R2
R2
R3
RM
RM
CI.
C2
IL
1K
PR
I
UR
A
KS
HP
SERVICE STATION
SOLAR ENERGY
COLLECtOR SYSTEM
TEMPORARY BUILDING
TEMPORARY USE
URBAN HEN COOP
VETERINARY CLINIC
WORKSHOP
WIRELESS
COM MUN ITCATION
FACILITY
Land Use By'aw ###-##
65
10.1
Residential
1 (Ri) District
Purpose
10.1.1
The General Purpose of the Residential
1
(Ri) District is to permit development of low-
density
single
family
dwellings,
and
associated
uses
at
the
discretion
of the
Development Authority.
Permitted and Discretionary I.and Use Classes
10.1.2
Land use classes within the following table shall be
District.
permitted or discretionary within the Residential 1 (Ri)
Permitted
Discretionary
ACCESSORY BUILDING
DAY HOME
DWELLING, SINGLE FAMILY
HOME OCCUPATION MINOR
PUBLIC UTILITY
SECONDARY SUITE
SOLAR ENERGY COLLECTOR SYSTEM
URBAN HEN COOP
DWELLING, DUPLEX
FAMILY CARE FACILITY
GROUP CARE FACILITY
HOME OCCUPATION MAJOR
HOME OCCUPATION MEDIUM
66
Town of Two Hills
10 Land Use Districts
Regulations
10.1.3
Development regulations within this land use district shall be in accordance with the following table.
Regulation
Standard
Max. Dwelling Density
25 units per net hectare
Mm. Lot Area
557 4rn2 l6.000.0ft2)
Max. Lot coverage
30% for principal buildings
Mm. Lot Dimensions
Width
12.2m (40.Ott)
Depth
31.2m (102.4ft)
Mi
Floor Area
92.9rn2 (1,000.Oft7)
Mm. Setback
Yard
-- Front
6.lm (20.Oft)
Yard
-- Side
i.5m l5.Oft)
Yard
- Side on a Corner Lot
4.6m (15.Oft)
Yard - Rear
7.6m (25.Oft)
Max. Building Height
2 Storeys
10.irn (33.Oft)
Additional Regulations
10.1.4
In addition to the regulations listed in this Section, regulations within Sections 8 and 9 shall also apply to
development in this land use district where applicable.
10.1.5
Regulations not oLitlined within this Section or Sections 8 and 9 shall be at the discretion of the Development
Authority.
10.1.6
One side yard on Residential 1 (Ri) District properties that do not back onto a rear lane and do not contain
an attached garage shall have a minimum setback of 3.Om (10.Oft).
Land Use Bylaw ###-##
67
nd Use Dic
10.2
Residential 2 (R2) District
Purpose
10.2.1
The General Purpose of the Residential
2
(R2) District is to permit the development of
duplexes
and
smaller
ground
floor single
family dwellings than within the Residential 1
(Ri) District.
Permitted and Discretionary Land Use Classes
10.2.2
Land use classes within the following table shall be permitted or discretionary within the Residential 2 (R2)
District.
Permitted
Discretionary
ACCESSORY BUILDING
DAY HOME
DWELLING, DUPLEX
DWELLING, SINGLE FAMILY
HOME OCCUPATION MINOR
PUBLIC UTILITY
SECONDARY SUITE
SOLAR ENERGY COLLECTOR SYSTEM
URBAN HEN COOP
FAMILY CARE FACILITY
GROUP CARE FACILITY
HOME OCCUPATION MEDIUM
68
Town of Two Hills
Regulations
10.2.3
Development regulations within this land use district shall be in accordance with the following table.
Regulation
Standard
Max. Dwelling Density
25 unts per net nectare
Mm. Lot Area
Dwelling. Single Family: 557.4m2 l6.000.0ft2)
Dwelling. Duplex: 576.0m2 (6.200.0ft2)
Max. Lot Coverage
Dwelling. Snge Family: 30%
Dwelling. Duplex: 40%
Mm. Lot Dimensions
Wdth
12.2m (40.Oft)
Depth
47.2m (155.Oft)
Mm. Floor Area
Dwelling. Sagie Family: 790rn
l850.Oft2l
Dwelling. Duplex: 55.7m7 (600.Ott2) per unit
Mm. Setback
Yard
-- Front
6.lm (20.Oft)
Yard
- Side
1.5m (5.Oft)
Yard - Side on a Corner Lot
4.6m (15.Oft)
Yard
- Rear
7.6m (25.Oft)
Max. Building Height
2 Storeys - 10.lrn (33.Oft)
Additional Regulations
10.2.4
In addition to the regulations listed in this Section, regulations within Sections 8 and 9 shall also apply to
development in this land use district where applicable.
10.2.5
One side yard on Residential 2 (R2) properties that do not back onto a rear lane and do not contain an
attached garage shall have a minimum setback of 3.Om (10.Oft).
Land Use Bylaw ###-##
69
e Districts
10.3
Residential 2A (R2A) District
Purpose
10.3.1
The
purpose
of the
Residential
2A (R2A)
District is to provide for the development of
single family dwellings on smaller lot sizes.
Permitted and Discretionary Land Use Classes
10.3.2
Land use classes within the following table shall be permitted or discretionary within the Residential 2A (R2A)
District.
Permitted
Discretionary
ACCESSORY BUILDING
DAY HOME
DWELLING, SINGLE FAMILY
HOME OCCUPATION MINOR
PUBLIC UTILITY
SECONDARY SUITE
SOLAR ENERGY COLLECTOR SYSTEM
URBAN HEN COOP
FAMILY CARE FACILITY
GROUP CARE FACILITY
HOME OCCUPATION MEDIUM
70
Town of Two Hills
Land Use Districts
Regulations
10.3.3
Development regulations within this land use district shall be in accordance with the following table.
Regulation
Standard
Max. Dwelling Density
25 units per hectare
Mm. Lot Area
334 52 (3,600.0112)
Max. Lot Coverage
3O%
Mm. Lot Dimensions
Width
9.lm l30.Oft)
Depth
36.6rn (120.Oft)
Mm. Floor Area
55.7m2 (600.01121
Mm. Setback
Yard - Front
6.lm (20.0111
Yard - Side
1.5m (5.011)
Yard - Side on a Corner Lot
4.6m (15.Oft)
Yard - Rear
7.6m (25.Oft)
Max. Building Height
2 Storeys
- 10.lm (33.0111
Additional Regulations
10.3.4
In addition to the regulations listed in this Section, regulations within Sections 8 and 9 shall also apply to
development in this land use district where applicable.
10.3.5
One side yard on Residential 2A (R2A) properties that do not back onto a rear lane and do not contain an
attached garage shall have a minimum setback of 3.Om (10.Oft),
Land Use Bylaw ###-##
71
10.4
Residential 3 (R3) District
Purpose
10.4.1
The purpose of the Residential 3 (R3) District
is to provide for the development of medium
and high density dwellings.
Permitted arid Dscretionary Land Use Classes
10.4.2
Land use classes within the following table shall he permitted or discretionary within the Residential 3 (R3)
District.
Permitted
Discretionaiy
ACCESSORY BUILDING
DWELLING, APARTMENT
DWELLING, TOWN HOUSE
HOME OCCUPATION MINOR
PUBLIC UTILITY
SOLAR ENERGY COLLECTOR SYSTEM
DWELLING, DUPLEX
FAMILY CARE FACILITY
GROUP CARE FACILITY
72
Town of Two Hills
and Use Districts
Regulations
10.4.3
Development regulations within this land use district shall be in accordance with the following table.
Regulation
Standard
Max. Dwelling Density
Dwelling, Apartment: 80 units per hactare
Dwelling. Town House: 40 units per hectare
Mi
Lot Area
Dwelling, Apartment - 754.5m2 (8.121.6ft2)
Dwelling. Town House
-- 557.4m2 (6,000.Oft2l
Max. Lot Coverage
Dwelling. Apartment - 60%
Dwelling. Town House - 40%
Mm. Lot Dimensions
Width
Dwelling, Apartment -- 21.9m (72.Ott)
Dwelling, Town House
-- 11.9m (39.Otti
Depth
Dwelling, Apartment - 34.4m 1112.8%)
Dwelling. Town House - 34.4m (112.Bft)
Mm. Floor Area
Dwelling, Apartment:
Bachelor Unit
-- 32.5m' (350.Oft2l
One Bedroom Unit - 46.5m
1500.Oft2l
Two Bedroom Unit - 55.7m7 (600.Oft2l
Three or more Bedroom Unit
- 65.0m7 l70O.0h.)
Dwelling. Town House - 24.lm2 l259.2ft21
Mm. Setback
Yard
Front
Dwelling. Apartment - 4.6m (15.Oftl
Dwelling. Town House - 4.6m (15.Oftl
Yard - Side
Dwelling, Apartment -- 3.Om (1O.Oft)
Dwelhng. Town House - 3.Om (10.Oft)
Yard - Rear
Dwelling Apartment - 7.6m (25.Oftl
Dwelling. Town House - 7.6m (25.Oftl
Max. Building Height
Dwelling, Apartment
-- 16.2m (53.0%) 4 storeys
Dwelling. Town House - 1O.lm (33.Oftl 2 storeys
Land Use Bylaw ###-##
73
Additional Regulations
10.4.4
In addition to the regulations listed in this Section. regulations within Sections 8 and 9 shall also apply to
development in this land use district where applicable.
10.4.5
Each Dwelling Town House unit shall have an outdoor living area with a minimum depth of 6.lm (20.Oft)
adjacent to it. A minimum of 4.6m (15.Oft) of this depth must he a privacy zone, contained by a fence at least
1.5m (5.Oft) in height.
10.4.6
An apartment development shall have a landscaped, outdoor amenity area for the enjoyment and recreation
of the residents of the apartment. The required amenity area shall be the SLIm of the following:
a.
For each bachelor dwelling unit
-- 18.6mg 1200.Oft2)
b.
For each one bedroom dwelling unit
-- 27.9m2 (300.Oft2)
c.
For each two bedroom dwelling unit
-- 69.7m2 (750.Oft2)
d.
For each three or more bedroom dwelling unit
-- 92.9m2 (1000.01t2)
10.4.7
Required side yards and parking areas shall not be considered as part of or contributing to any amenity area
o a Dwelling Apartment.
74
Town of Two Hills
10.5
Residential Manufactured Home Subdivision (RMHS) District
Purpose
10.5.1
The
General
Purpose
of
the
Residential
Manufactured
Home
Subdivision
(RMHS)
District
is
to
permit
development
of
manufactured home subdivisions,
in which
each
unit
is
located
on
a
separately
registered parcel of land.
Permitted and Discretionary Land Use Ckisses
10.5.2
Land use classes within the following table shall be permtted or discretionary within the Residential
Manufactured Home Subdivision (RMHS) District.
Permitted
Discretionaty
ACCESSORY BUILDING
HOME OCCUPATION MINOR
MANUFACTURED HOME
PUBLIC UTILITY
SOLAR ENERGY COLLECTOR SYSTEM
URBAN HEN COOP
Land Use Bylaw ###-##
75
Regulations
10.5.3
Development regulations within this land use district shall be in accordance with the following table.
Regulation
Standard
Mm. Lot Area
464.5m2 (5000Db2)
Max. Lot Coverage
25%
Mm. Lot Dimensions
Width
15.2m (50.011)
Depth
45.7m l150.Olt)
Mm. Floor Area
46.5m7 1500.0112)
Mm. Setback
Yard
- Front
4.6m (15.011)
Yard
- Side
3Dm (10011)
Yard
- Rear
4.6m (15.Dit)
Max. Building Height
4.6m 115.0111
Additional Regulations
10.5.4
In addition to the regulations listed in this Section, regulations within Sections 8 and 9 shall also apply to
development in this land use district where applicable.
76
Town of Two Hills
10.6
Residential Manufactured Home Park (RMHP) District
Purpose
10.6.1
The
General
Purpose
of
the
Residential
Manufactured Home Park (RMHPI District is
to permit and regulate manufactured home
parks wherein stalls are provided on a rental
basis.
Permitted and Discretionary Land Use Classes
10.6.2
Land use classes within the following table shall be permitted or discretionary within the Residential
Manufactured Home Park (RMHP) District.
Permitted
Discretionaiy
ACCESSORY BUILDING
MANUFACTURED HOME
HOME OCCUPATION MINOR
PUBLIC UTILITY
SOLAR ENERGY COLLECTOR SYSTEM
URBAN HEN COOP
Land Use Bylaw ###-##
77
se Districts
Regulations
10.6.3
Development regulations within this land use district shall be in accordance with the following table.
Regulation
Standard
Max. Dwelling Density
8 manufactured homes per acre (3.3 pei ha) at each
stage of development
Max. Lot Area
1.20a 13.Oacl
Mm. Stall Dimensions
Width
15.2m (50Oft)
Depth
366m l120.Oftl
Mm. Stall Area
Single wide manufactured home
278.7m2 (3000Oft2)
Double wide manufactLired home
325.2m2 (3500.Oft7)
Max. Stall Coverage
3O'
Mm. Floor Area
65Cm2 (700.Oft2)
Mm. Stall Setback
Yard
- Front
3Cm liOOftl
Yard
- Side
1.5m (5Oftl
Yard
- Rear
4.6m (15.Oft)
Max. Building Height
46m (15.Oftl
Additional Regulations
10.6.4
In addition to the regulations listed in this Section, regulations within Sections 8 and 9 shall also apply to
development in this land use district where applicable.
78
Town of Two Hills
10.7
Town Centre Commercial (Cl) District
Purpose
10.7.1
The general
purpose
of the
Town
Centre
Commercial
(Cl)
District
is
to
permit
commercial development appropriate for the
Central Business District of the municipality
and involving fairly high density development.
The
regulations
do
not
permit
obnoxious
uses
or those
involving excessive outside
storage.
Permitted and Discretionary Land Use Classes
10 Land Use Dstricts
10.7.2
Land use classes within the following table shall be permitted or discretionary within the Town Centre
Commercial (Cl) District.
Permitted
Discretionary
ENTERTAINMENT ESTABLISHMENT, INDOOR
FUNERAL HOME
ACCESSORY BUILDING
BAR/NEIGHBOURHOOD PUB
HOTEL
PERSONAL SERVICE
CANNABIS STORE
DAY CARE
PROFESSIONAL, FINANCIAL, OFFICE, HEALTH AND
BUSINESS SUPPORT SERVICE
PUBLIC UTILITY
RESTAURANT
RETAIL, GENERAL
SOLAR ENERGY COLLECTOR SYSTEM
DWELLING UNIT
PLACE OF WORSHIP
PRIVATE CLUB
Land Use Bylaw ###-##
79
Regulations
10.7.3
Development regulations within this land use district shall be in accordance with the following table.
Regulation
Standard
Max. Lot Area
300.0m' (3.229.2ft2l
Max. Lot Coverage
80 or to the satisfaction of the Development Authority
Mm. Lot Dimensions
Width
4.6m (15.Oft)
Depth
30.5rn llOO.Oftl
Mm. Setback
Yard
Front
O.Om (0.Oft); or
A distance determined by the Development Authority that
vould conform to front yard setbacks of existing
development on adjacent properties.
Yard
- Side
0.Om (0.Oft): or
Abutting a Residential District
- 1.5m (5.Oft)
Yard
Rear
7.6m (25.Oftl
Max. Building Height
3 storeys
- 10.7m 135.Oftl
Additional Regulations
10.7.4
In addition to the regulations listed in this Section, regLilations within Sections 8 and 9 shall also apply to
development in this land use district where applicable.
80
Town of Two Hills
10.8
Highway Commercial (C2) District
Pu rp Os e
10.8.1
The
General
Purpose
of
the
Highway
Commercial
(C2)
District
is
to
permit
commercial
development
of
involving
workshops, commercial uses which will serve
the travelling public, and, at the discretion of
the
Development
Authority,
more
land
extensive uses.
Permitted and Discretionary Land Use Classes
10.8.2
Land use classes within the following table shall be permitted or discretionary within the Highway Commercial
(C2) District.
Permitted
Discretionary
AUTOMOTIVE AND EQUIPMENT SALES AND RENTAL
HOTEL
MOTEL
PUBLIC UTILITY
RESTAURANT
RETAIL, GENERAL
RETAIL, SHOPPING CENTRE
SERVICE STATION
VETERINARY CLINIC
SOLAR ENERGY COLLECTOR SYSTEM
WORKSHOP
ACCESSORY BUILDING
AUTOMOTIVE AND EQUIPMENT REPAIR AND SERVICE
BULK FUEL STATION
CANNABIS STORE
DRIVE-THROUGH BUSINESS
FUNERAL HOME
Land Use Bylaw ###-##
81
Regulations
10.8.3
Development regulations within this land use district shall be in accordance with the following table.
Regulation
Standard
Mm. Lot Area
300.0m2 (3,229.2ft)
Max. Lot Coverage
50%
Mm. Lot Dimensions
Widtn
4Gm (15.Oft)
Depth
45.7m llSOtt)
Mm. Setback
Yard
- Front
6.lm (20.Oft)
Yard
-- Side
3Cm l9.SfU
Yard
- Rear
6.lm (20.Oft)
Max. Building Height
4 storeys
15Cm (49.2ft)
Additional Regulations
10,8.4
In addition to the regLilations listed in this Section, regulations within Sections 8 and 9 shall also apply to
development in this land use district where applicable.
10.8.5
Developments within this District adjacent to Highway 45 shall be accessed by a service road or by similar
standards for controlling turning traffic, such as one-way roads and lanes,
to the satisfaction
of the
Development Authority. The nomber of accesses provided to a road or highway from a development or service
road shall be to the satisfaction of the Development Authority and Alberta Transportation and Utilities.
82
Town of Two Hills
10.9
Industrial Light (IL) District
Purpose
10.9.1
The General Purpose of the Industrial Light
(IL)
District
is to
provide opportLinities for
light industrial and manufacturing uses, with
heavier
industry
permitted
in
approved
locations
at
the
discretion
of
the
Development Authority. Uses and operations
within this District shall not cause or permit
any
external
objectionable
or
dangerous
conditions
apparent
beyond
any
building
housing processes wherein such effects may
be produced, including
bLit not limiting the
generalities
thereof,
the
following
objectionable
features,
namely:
noise,
vibration, smoke, dust and other kinds of
particulate matter, odour, toxic and noxious
matter, radiation hazards, fire and explosive
hazards, humidity and glare.
Permitted and Discretionary Land Use Classes
10.9.2
Land use classes within the following table shall be permitted or discretionary within the Industrial Light (IL)
District.
Permitted
Discretiona,y
ACCESSORY BUILDING
AUTOMOTIVE AND EQUIPMENT SALES AND RENTAL
AGRICULTURAL SUPPORT SERVICE
AUTOMOTIVE AND EQUIPMENT REPAIR AND SERVICE
CANNABIS PRODUCTION FACILITY
BULK FUEL STATION
CANNABIS STORAGE AND DISTRIBUTION FACILITY
INDUSTRIAL USE, LIGHT
KENNEL
PUBLIC UTILITY
SOLAR ENERGY COLLECTOR SYSTEM
WORKSHOP
Land Use Bylaw ###-##
83
d Use Distric
Regulations
10.9.3
Development regulations within this land use district shall be in accordance with the following table.
Regulation
Standard
Mm. Lot Area
As required by the Development Authonty
Max. Lot Coverage
60%
Mm. Lot Dimensions
Width
30Om (98.4ft)
Depth
45.7m (150.Oftl
Mm. Setback
Yard
- Front
6.lm 120.Oft)
Yard
- Sde
As reqLured by the Development Authority
Yard
Roar
6.lm (20.Oftl
Max. Building Height
3 storeys
- 12.Orn (39.41t)
Additional Regulations
10.9.4
In addition to the regulations listed in this Section, regulations within Sections 8 and 9 shall also apply to
development in this land use district where applicable
10.9.5
The storage of materials within front yards shall be prohibited.
84
Town of Two Hills
10.10
Industrial Heavy (IH) District
Purpose
10.10.1
The
purpose
of the
Industrial
Heavy
(IH)
District is to provide for the development of
heavy
industrial
uses
on
large
parcels
adjacent to compatible land uses that are not
negatively
impacted
by
the
nuisances
associated with heavy industrial uses.
Permitted and Discretionary Land Use Classes
10.10.2
Land use classes within the following table shall be permitted or discretionary within the Industrial Heavy (IH)
District.
Permitted
Discretionary
ACCESSORY BUILDING
AUCTION FACILITY, NON-LIVESTOCK
PUBLIC UTILITY
SOLAR ENERGY COLLECTOR SYSTEM
CANNABIS PRODUCTION FACILITY
CANNABIS STORAGE AND DISTRIBUTION FACILITY
INDUSTRIAL USE, HEAVY
Land Use Bylaw ###-##
85
Regulations
10.10.3
Development regLilatlons within this land use district shall be in accordance with the following table.
Regulation
Standard
Mm. Lot Area
2.8ha (7.Oac)
Max. Lot Coverage
60%
Mm. Lot Dimensions
Width
30.Orn (98.4ft)
Depth
45.7m (150.Oftl
Mm. Floor Area
As required by the Development Authority
Mm. Setback
Yard
- Front
9.lni (30.Oft)
Yard
- Side
As required by the Development Authority
Yard
- Rear
9.im (30.Oft)
Max. Building Height
As required by the Development Authority
Additional Regulcitions
10.10.4
In addition to the regulations listed in this Section, regulations within Sections 8 and 9 shall also apply to
development in this land use district where applicable.
86
Town of Two Hills
10.11
Parks and Recreation (PR) District
Purpose
10.11.1
The
general
purpose
of
the
Parks
and
Recreation (PR) District is to permit the use
of land for public parks and playgrounds.
Permitted and Discretionary Land Use Classes
10.11.2
Land use classes within the following table shall
be permitted
or discretionary "ithin the Parks and
Recreation (PR) District.
Permitted
Discretionaly
ACCESSORY BUILDING
PUBLIC PARK
PUBLIC UTILITY
SOLAR ENERGY COLLECTOR SYSTEM
CAMPGROUND
INSTITUTIONAL USE
Land Use Bylaw ###-##
87
10 Land Us
istricts
Regulotons
10.11,3
Development regulations within this land use district shaH be in accordance with the following table.
Regulation
Standard
Mm. Lot Area
Mm. Lot Dimensions
Mm. Setback
Yard
-- Front
Yard
- Side
Yard
Rear
Max. Building Height
Shall be required by the Development Authority
Shall be required by the Development Authority
6.Om (19Th)
4.5m (14.81t)
7.5m (24.6ft)
Shall be required by the Development Authority
Additional Regulations
10.11.4
In addition to the regulations listed in tIns Section, regulations within Sections 8 and 9 shall also apply to
development in this land use district where applicable.
88
Town of Two Hills
10.1 2
Institutional (I) District
Purpose
10.12.1
The general purpose of the Institutional
(I)
District is to permit development of uses of a
public
or
private
nature
which
provide
services to the community.
Permitted and Discretionary Land Use Classes
ii{i
10.12.2
Land use classes within the following table shall he permitted or discretionary within the Institutional (I)
District.
Permitted
Discretionary
ACCESSORY BUILDING
ASSISTED LIVING FACILITY
INSTITUTIONAL USE
PLACE OF WORSHIP
PUBLIC UTILITY
SOLAR ENERGY COLLECTOR SYSTEM
DAY CARE
Land Use Bylaw ###-##
89
''id Use Districts
Regulations
1012.3
Development regulations within this land use district shall be in accordance with the following table.
Regulation
Standard
Mm. Lot Area
464.5m2 (5 000 0ft2)
Max. Lot Coverage
45
Mm. Lot Dimensions
Width
4.6m (15.0th
Depth
305iii
100.Oft)
Mm. Setback
Yard
-- Front
6.lm (20.Oft)
Yard
- Side
3Cm
(9.8rti
Yard
-- Rear
7.6m (25.Oft)
Max. Building Height
4 sWmeys
- 16.2m 53.Oft)
Additional Regulations
:10.12.4
In addition to the regulations listed
in this Section. regulations within Sections 8 and 9 shall also apply to
development in this land use dmstiict where applicable.
90
Town of Two Hills
10.13
Urban Reserve CUR) District
Purpose
10.13.1
The general purpose of
Urban Reserve (UR)
District
is to reserve those
lands
on the
periphery of the municipality which, by their
relationship to existing land uses, the main
road
system,
and
the
established
utility
systems,
will
in time become suitable for
general urban uses.
Permitted and Discretionary land Use Classes
1 Land UsE fHi
10.13.2
Land use classes within the following table shall he permitted or discretionary within the Urban Reserve (UR)
District.
Permitted
Discretionaty
ACCESSORY BUILDING
AGRICULTURAL EXTENSIVE
AUCTION FACILITY. LIVESTOCK
ENTERTAINMENT ESTABLISHMENT. OUTDOOR
AGRICULTURAL INTENSIVE
KENNEL
DWELLING, SINGLE FAMILY
(PRIOR TO ADOPTION OF THIS BYLAW)
PUBLIC UTILITY
SOLAR ENERGY COLLECTOR SYSTEM
TEMPORARY BUILDING
TEMPORARY USE
WIRELESS COMMUNICATIONS FACILITY
Land Use Bylaw #####
91
Regulations
10.13.3
Development regLilations within this land use district shall be in accordance with the following table.
Regulation
Standard
Mm. Lot Area
As required by the Development Authority
Max. Lot Coverage
As required by the Development Authority
Mm. Lot Dimensions
Width
As required by the Development Authority
Depth
As requied by the Development Authority
Mm. Floor Area
69,7m2 (750.Oft2)
Mm. Setback
Yard
- Front
6.lm t20.Oft)
Yard
- Side
1.5m (5.Oft)
Yard
- Side on a Corner Lot
4.6m (15.00)
Yard
- Rear
7Gm (25.Oft)
Max. Building Height
As required by the Development Authority
Additional Regulations
10.13.4
In addition to the regulations listed in this Section, regulations within Sections 8 and 9 shall also apply to
development in this land rise district where applicable.
10.13.5
No subdivision or development other than for the above uses listed in this Section shall take place until an
overall plan for the area has been resolved. Such plan should establish the subdivision design, proposed land
use classifications, public reserve dedications and utilities policies.
92
Town of Two Hills
10 Land Use Districts
10.14
Direct Control (DC) District
Purpose
10.14.1
The
purpose
of
the
Direct
Control
(DC)
District
is
to
provide
for
site
specific
development
control
at the
discretion
of
CoLincil to address unique project conditions.
Permitted and Discretionary Land Use Classes
10.14.2
Any land uses and buildings shall he subject to the approval of Council.
Regulations
10.14.3
All site requirements shall be at the discretion of Council, based on a review of the merits of the development
proposal and the relevant land use planning consideration.
10.14.4
All development shall conform to the Town of Two Hills MDP.
10.14.5
Council may refer to other Sections of this Bylaw to determine requirements for specific types of proposed
land uses on property zoned under this District. However, Council is not bound by any other provisions of this
Biaw other than those contained within this District.
10.14.6
When deciding upon a development permit application. Council shall consider the following:
a.
The existing and future land use of neighbouring properties;
b.
The suitability of the site for the proposed use:
c.
The provision of municipal or on-site services such as water and sewer;
d.
The provision of access to the subject property: and
e.
Any considerations which are unique to the proposed development.
Administrative Procedures
10.14.7
Council shall review and decide all applications for Principal Uses on property zoned under this district.
Development proposals for secondary or accessory uses may be delegated to the Development Authority at
Councils discretion.
10.14.8
There shall
be
no appeal to the SDAB on decisions made
by Council
on applications for proposed
development on land zoned as Direct Control except in accordance with Section 641 (4) of the Act.
Land Use Bylavi ###-##
93
10.14.9
The purpose and regulations of each Direct Control District shall be detailed in Appendix B of this Bylaw.
94
Town of Two Hills
4
1
An undefined word or term within this Bylaw shaH be defined by the Act.
In this Bylaw the following shall mean:
A
Accessory Building means a building separate and subordinate to the main building, the use of which is incidental to
that of the main building and is located on the same parcel of land. Accessory buildings shall include decks, gazebos
and play structures.
Accessory Use means a use customarily incidental and subordinate to the main use or building and is located in the
same parcel of land with such main use or building.
Act means the Municipal Government Act and subsequent amendments thereto.
Agricultural Support Service means a development providing products or services directly related to the agricultural
industry. Without restricting the generality of the foregoing, this shall include such facilities as bulk fertilizer distribution
plants, bulk agricultural chemical distribution plants, and farm implement dealerships (not including automotive,
equipment and vehicle services).
Agriculture Extensive means the use of land or buildings for the production of crops or livestock which require larger
tracts of land. Extensive agriculture does not include confined feeding operations, hog barns, poultry farms or fur farms;
Land Use Bylaw ###-##
95
11 Definitions
Agriculture Intensive means a commercial agricultural operation other than confined feeding operations which, due to
the nature of the operation, may be able to use smaller tracts of land. Without restricting the generality of the foregoing,
this shall include nurseries, greenhouses, sod farms, market gardens, and beekeeping:
Apartment means a dwelling containing three (3) or more dwelling units, bLit shall not mean row housing.
Assisted Living Facility means a facility where meals, lodging and continuing nursing care are provided for
compensation, including assisted living facilities, nursing homes, retirement homes and medical receiving homes.
Auction Facility, Non-Livestock means a development intended for the auctioning of goods and ecrupment including the
temporary storage of such goods and equipment. An auction facility non-livestock does not include the auctioning of
livestock.
Auction Facility, Livestock means a development intended for the auctioning of livestock, goods and equipment,
including the temporary storage of such livestock, goods and eqdnpment.
Automotive and Equipment Repair and Service means land, buildings and structures used for the mechanical repair
and servicing of vehicles, equipment, motorcycles, and recreation vehicles or craft and may include the accessory sale,
installation or servicing of related parts and accessories.
Automotive and Equipment Sales and Rental means a development Lised for the retail sale or rental of new or used
automobiles, equipment and motorcycles, together with incidental maintenance services and sale of parts.
B
Bar/Neighbourhood Pub means a development where the primary pLirpose of the facility is the sale of alcoholic
beverages to the public, for consumption within the premises or off the site. This use typically has a limited menu and
minois are prohibited from patronizing the establishment during at east some portion of the hours of operation. Typical
uses include neighbourhood pubs. bars, beverage rooms, and cocktail lounges.
BLlilding Height means the vertical distance measured from the average grade level at the subject building to the higher
of the highest point of a flat roof, or the average level between the eaves of the subject building and the top ridge of a
ptched roof on the sdibject building. This dimension shall be exclusive of any accessory roof construction such as a
chimney. steeple or antenna.
Bulk Fuel Station means lands, buildings, and structures for the bLilk storage and distribution of petroleum prodLicts
and nay include key lock retail sales. This does not include a service station.
Business Frontage means any side of a lot or building which abuts a road or highway, or in the case of individual
business or tenants within a building, any business which has separate access to a road or highway.
C
Campground means a development where tents, vacation trailers, or motor homes used by travellers and tourists for
overnight accommodation are located.
Cannabis Production Facility means an enclosed building licensed by the Federal Government to grow and harvest
cannabis for distribution (for medical or private retail purposes) and includes processing, labeling and packaging,
storing, and shipping of cannabis and cannabis related products.
96
Town of Two Hills
11 DefInitions
Cannabis Storage and Distribution Facility means an enclosed building licensed by the Provincial Government to store
cannabis, but not grow (for medical or private retail purposes), and may include processing, labeling and packaging,
storing, and shipping of cannabis and cannabis related products.
Cannabis Store means a development where the retail sale of cannabis and cannabis accessories is permitted through
a cannabis licence in accordance with the Federal Cannabis Act, and Alberta Gaming. Liquor and Cannabis Act.
Corner Lot means a lot with boundary lines on two separate roads or highways or a single road or highway that curves at
an angle of sixty (60) degrees or more at the subject lot. For the purposes of this definition, a road or highway shall not
include a lane.
Council means the Council of the Town of Two Hills.
D
Day Care means a provincially licensed child care facility operated from a building or a portion thereof used for the
provision of care, maintenance and supervision of seven (7) or more children under the age of fifteen (15) years. by
persons unrelated to the children by blood or marriage, for periods not exceeding twenty-four 124) consecutive hours.
For the purposes of this definition, a day care shall include all day-care centres, nurseries, and after school or baby
sitting programmes which satisfy this definition. However, this definition shall not include a day home, a family care
facility, a group care facility, or a school operated by a School Division.
Day Home means a provincially licensed child care facility operated from a residence supplying supervision of a
maximLim of six (6) children under the age of thirteen (13) years in addition to resident children. A day home shall
supply an outside play space that is both fenced and gated, and shall meet all fire regulations and health regulations.
Deck means an unenclosed amenity area of concrete, brick, wood or other material that is constructed at grade or
attached to a dwelling. An uncovered porch shal! be considered as a deck.
Development means:
1.
An excavation or stockpile and the creation of either of them:
2.
A building or an addition to or replacement or repair of a bLillding and the construction or placing of any of them
in,
on, over or under land;
3.
A change of use of land or a building or an act done in relation to land or a bLulding that resLilts in or is likely to
result in a change in the use of the land or building:
4.
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;
5.
The demolition or removal of a building; or
6.
The placement of an already constructed or a partially constructed bLnlding on a parcel of land.
Development Authority means the Development Authority established by the municipality's Development Authority
Bylaw and appointed by Council.
Development Permit means a document authorizing a development issued pursuant to this Bylaw.
Discretionary Use means the use of land or a bLulding provided for in this Bylaw for which a development permit may be
issued upon an application having been made.
Land Use Bylaw ###-##
97
ilOefinitions
Drive-through Business means a development which serves customers traveling in motor vehicles driven onto the site
where such business is carried on, where normally the customer either remains in the vehicle for service, or parks the
vehicle for a short period for the purpose of doing business at the premises. Drive-through businesses include, but are
not limited to drive-in restaurants, drive-through vehicle service establishments such as lubrication shops, recycling
depots, and car washes.
Driveway means a vehicle access connection from an individual lot or site to a public road.
Duplex means a dwelling containing two (2) dwelling units which share a common wall, and which are located either
side by side or one above the other.
Dwelling means ony building used exclusively for human habitation and which is supported on a permanent foundation
or base extending below groLind level. This definition shall include single family dwelling, duplexes, row housing, and
apartments, but shall not include manufactured homes of any kind whether standing on wheels or supported by blocks,
jacks, or any other temporary foundation.
Dwelling Unit means a residential unit containing one Ill or more habitable rooms that provide living accommodations
and is intemidorl as a permanent residence, as an accessory use, to a non-residential principal use.
Dwelling, Single Family means a builrling containing a single dwelling unit as the main use of the building. A single
fanl
I ly dwelling may be site-built or morlular.
Dwelling, Town House means a dwelling that includes three 3j or more dwelling units which are located one beside the
other, with at least one common wall between each Limb and each unit having a separate exterior entrance.
E
Entertainment Establishment, Indoor means a development providing recreational faciltmes with table games or
electronic games or both, used by patrons foi entertamnnient. Typical developnmei'its include movie theatres, billiard
parlours. electronic games arcades with tables or games or both, and bowling alleys, hut do not include gambling
machine establishments.
Entertainment Establishment, Outdoor means a development providing recreational facilities outdoors played by
potions for entertainment. Typical (levelopiflentS include amusement parks. go-cart tracks, motocross tracks and
miniature golf courses bLit do not include drive-in motion picture theatres, carnivals or circuses,
F
Family Care Facility means a facility which provides resident service in a dwelling to six (6) or fewer individuals who are
riot related to the resident household. These individuals are handicapped, aged, disabled, or in need of adult
Sdipervision and are provided service and supervision in accordance with their individual needs. This category includes
foster or boarding homes for children, group homes and family homes.
Front Line means the boundary line of a parcel of land lying adjacent to a highway or road.
In the case of a comer lot,
the shorter of the two boundary lines adjacent to the highway or road shall be considered the front line.
FrontYard means a yard extending across the full width of a parcel of land from the front line to the leading wall of the
main building sitLiated on the parcel of land. In the case of a curved front line, the front yard will also form a curve.
Funeral Home means a development used for the preparation of the dead for burial or cremation, and the holding of
funeral services.
98
Town of Two Hills
G
Garden Suite means an accessory use on the same lot as a principal dwelling, which is either a suite above a detached
garage or within an accessory building. A garden suite has a gross floor area less than the primary dwelling, and
contains cooking, food preparation, sleeping and sanitary facilities.
General Advertising means advertising which relates to goods or services other than those produced, offered for sale,
or obtainable at the lot on which the sign is displayed.
Gross Floor Area means the total area for all floors of all buildings including accessory buildings located on any parcel
of land, excluding the area of basement floors, except that all dwelling units in apartment buildings shall he inclLided in
the calculation of gross floor area.
Gross Floor Area Ratio means the ratio or decimal resulting from dividing the gross floor area of all buildings by the total
area of the parcel of land on which the buildings are located.
Ground Floor Area means the total area of a parcel of land including accessory buildings which is covered by any
building or structure.
Group Care Facility means a facility which provides resident services to seven (7) or more individuals of whom one or
more may be related. These individuals are handicapped, aged, or disabled, and undergoing rehabilitation, and are
provided services to meet their needs. This category includes supervised uses such as group homes (all ages), halfway
houses, resident schools, resident facilities and foster or boarding homes.
Group Home means a building or portion of a building used for the care of rehabilitation of children, adolescents or
ad U Its.
H
Home Occupation Major means any busness, occupation, trade, profession, or craft that is carried on as a secondary
use within a dwelling by at least one permanent resident of said dwelling, and does not employ more than five (5) non-
residents concurrently.
Home Occupation Medium means any bLisiness, occupation, trade, profession, or craft that is carried on as a secondary
use within a dwelling by at least one permanent resident of said dwelling, and does not employ more than two (2) non-
residents concurrently.
Home Occupation Minor means any business, occupation, trade, profession, or craft that is carried on as a secondary
use within a dwelling by at least one permanent resident of said dwelling, does not employ any non-residents of the
primary dwelling.
Hotel means a development Lised for the provision of rooms or suites for temporary accommodation where the rooms
obtain access from a common interior corridor hut may have a meal service for guests. Hotels may include meeting
rooms and minor/major food and beverage establishments.
Land Use Bylaw ###-##
99
'°finitions
Industrial Use, Heavy means industrial uses which require large tracts of land and may have a significant detrimental
effect on adjacent or nearby sites as a result of its normal operations by way of noise, vibration, smoke, emissions,
odour or other element. Industrial use heavy involves the manufactLiring, processing, assembling, cleaning, repairing,
servicing, testing. storage, warehousing. distribution or shipment of concrete, asphalt. gravel, cement, lime, brick, tar or
forestry prod ucts.
Industrial Use, Light means indListrial uses which do not create a significant adverse impact or nuisance beyond the
boundaries of the site and involves manLifacturing. processing, assembling, cleaning, repairing, servicing, testing,
storage, warehousing, distribution or shipment of materials, finished goods, products or equipment. Industrial use light
does not include uses listed under industrial use heavy.
Institutional Use means a development of a public character including governmental, religious, health, educational,
so:ial, recreational, and cultural facilities having a close affinity with public services to a municipality, area, or region.
This use includes cemeteries and commLinrty halls.
K
Kennel means a development in which domestic pets are maintained, boarded, trained, cared for, bred, or raised for
remuneration or for sale.
L
Leading Wall means the outermost part of a wall, including any bay window or cantilevered section of wall, the outer
wall of a fireplace chase, etc.
Lot means:
1.
A quarter section:
2.
A part of a parcel of land described in a certificate of title if the boundaries of the part are separately described in
the certificate of title other than by reference to a legal subdivision; or
3.
A part of a parcel of and described in a certificate of title if the boLindaries of the part are described in a certificate
of title by reference to a plan of subdivision.
Lot Width means the length of a line parallel to the front line or, in a lot with a curved front line, perpendicular to a line
rLiuning between the mid-point of the front line and the mid-point of the rear line, measLired at a distance from the front
line equal to the minimum required front yard.
M
Marquee/Canopy means a projection outward from the face of a building, which may provide protection from climatic
elements.
Main Building means a building in which is conducted the main or principle use of the parcel of land on which it is
erected.
100
Town of Two Hills
11 Definitions
Manufactured Home means a prefabricated dwelling unit, with a width of at least 5.OOm (16.4Oft), that has been
constructed in whole or in part in a Canadian Standards Association (CSA) certified plant or site in accordance with the
Alberta Building Code for transportation to a bLulding site. A manufactured home may be a single structure (single-wide)
or consist of two parts which are put together to comprise a complete dwelling unit (double-wide). A manufactured
home is transportable and may be towed in one or two sections to be joined together into one dwelling unit on site. This
does include a mobile home but not a modular home, a park model trailer, a recreational vehicle or an industrial camp
trailer.
Manufactured Home Park means any lot on which two or more occLipied manufactured homes are harboured or are
permitted to be harboured without regard to whether a fee or charge is paid or made, and shall include any building.
structure, tent, vehicle or enclosure used or intended for use as a part of the eqLiipment of such manufactured home
park, which complies with relevant government regulations governing manufactured home parks.
Modular means a single detached dwelling constructed in large sections, away from the home site, and Linder
controlled conditions. It does not refer to a type of dwelling bLit rather to a method of construction.
Motel means a development used for the provision of rooms or suites for temporary accommodation where each room
or suite has its own exterior access. may be equipped with individual kitchen facilities, and may have a meal service for
guests. Motels may include food and beverage establishments.
MunicipaIi' means the Town of Two Hills.
N
Non-Conforming building means a building:
1.
That is lawfully constructed or lawfully under construction at the date a Land Use Bylaw or any amendment thereof
affecting the building or the land on which the building is situated becomes effective; and
2.
That on the date the Land Use Bylaw becomes effective does not, or when constructed will not, comply with the
Land Use Bylaw.
Non-Conforming Use means a lawful specific use:
1.
Being made of land or a building or intended to be made of a building lawfully under construction at the date a
Land Use Bylaw affecting the land or building becomes effective; and
2.
That on the date the Land Use Bylaw becomes effective does not, or in the case of a building Linder construction
will not, comply with the Land Use Bylaw.
0
Owner means:
1.
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
2.
In the case of any other land, the owner of the land according to the municipality's assessment roll.
Land Use Bylaw ###-##
101
11 Definitions
P
Parcel of Land means the aggregate of the one or more areas of land described in a certificate of title or described in a
certificate of title by reference to a plan filed or registered in a Land Titles Office.
Permitted Use means the use of land or a btulding provided for in this Bylaw for which a development permit shall be
issued upon an application having been made.
Personal Service means a development used for the provision of personal services to an individLial that are related to
the care and appearance of the body, or the cleaning and repair of personal effects, and may include such uses as
ha: hershops. hardressers, tattoo parlours. beauty salons, tanning salons, shoe repair shops. laLindromats, and dry
cleaning outlets, hut does not include health services, retail stores, service stations, or adult entertainment facilities.
Place of Worship means a building or outdoor area where people regularly assemble for wors[lip and related religious,
philanthropic, or social activities that is maintained and controlled for public worship. Typical uses include chLirches,
chapels, mosques, temples, synagogues, convents, and monasteries. It also includes accessory manses or rectories.
Pointof-sale Advertising means advertising which reintes to the name of the occupier or firm, the nature of the
business conducted and/or the goods produced, uncl,/or the main products and services sold or obtainable at the lot on
which the adveitising is displayed.
Private Club means a development used for the meeting. social or recreational activities of members of a philanthropic,
social service, non-profit, athletic, business or fraternal organization. Private clubs may include eating and drinking
establishments and rooms for assembly.
Professional, Financial, Office, Health and Business Support Service means a development primarily used for the
provision of professional, management, administrative, consulting, and financial services. Typical uses include the
following and similar rises as offices of lawyers. accountants, engineers, planners, and architects: offices for real estate
and insurance firms; clerical, secretarial, emnploynient, telephone answering, and similar office support services: banks,
credit unions, loan offices and similar financial uses: printing establishments, film processing establishments, janitorial
firms, medical practitioners and business equipment repair shops
Provincial Health Care Facihi means an approved hospital as defined in the Hospitals Act:
Public Park means land developed for public recreritmonal activities that do not require major buildings or facilities. A
park may include but is not limited to picnic areas, day rise areas, playgrounds, trails, landscaped areas and associated
public wash rooms;
Public Utility means a development or building, as defined in the Municipal Government Act, used to provide one or
more of the following for public consumption, benefit, convenience or use: water; wastewater or storm water; public
transportation; communication; drainage ditch; natural gas; electric power; or heat. It includes communications towers
and the btuldings required to operate the public Litility.
R
Rear Line means the boundary line of a parcel of land lying opposite to the front line of the parcel and/or farthest from
a highway or road.
Rear Yard means a yard extending across the full width of a parcel of land from the leading wall of the main brulding
sitLiated on the parcel to the rear line of the parcel of land.
102
Town of Two Hills
11 DefinitIons
Restaurant means a development where the primary purpose of the facility is the sale of prepared foods to the public,
for consumption within the premises or off the site. Minors are never prohibited from any portion of the establishment
at any time during the hours of operation. This use typically has a varied menu, with a fully equipped kitchen and
preparation area, and includes fast food and family restaurants.
Retail, General means a development where groceries, beverages, household goods, furniture, appliances, home
improvement supplies, hardware, garden supplies, printed matter, confectionary, tobacco, pharmaceutical, personal
care items, automotive parts and accessories, electronic equipment. recordings, office equipment, stationery, second
hand goods, and or similar goods are bought, rented, and or sold from within a building. General retail does not include
developments where gasoline, new or used motor vehicles, manufactured homes, recreational vehicles, or heavy
agricultural or industrial equipment are sold or rented.
Roof means the top of any enclosure, above or within the vertical watts of a bLnlding.
S
School means a school as defined in the School Act;
Secondary Suite means a separate set of living quarters within a principal building. containing independent and
physically separate sleeping, sanitary and kitchen facilities.
Service Station means a development where gasoline, lubricating oils, and other automotive fluids and accessories for
motor vehicles are bought and sold. Service stations may also include a retail convenience store, vehicle washes,
facilities for the servicing or repairing of motor vehicles, and a towing service dispatch point, but not including body
repair or paint shops.
Side Line means the boundary line of a parcel of land lying between a front line and a rear line of a parcel of land.
In
the case of a corner lot, the longer of the two boundary lines adjacent to the highway or road shall be considered a side
line.
Side Yard means a yard extending from the leading wall of the main building situated on a parcel of land to the side
line, and lying between the front and rear yards on the parcel of land.
Sign means any word, letter, model, picture, symbol, device or representation which is used as, or which is in the nature
of, wholly or in part, an advertisement, announcement or direction. Any building or structure, or portion thereof, which
is used primarily to carry, hold, maintain, support or sustain a sign is considered to be part of the sign and, except as
hereinafter provided, is subject to all regulations governing signs. Without limiting the generality of the foregoing, a sign
includes posters, notices, panels, boards, and banners.
Sign Area means the total area within the outer periphery of the sign. In the case of a sign comprised of individual
letters or symbols, the area of the sign shall be calculated as the area of a rectangle enclosing the letters or symbols.
Frames and structural members not bearing advertising matter shall not be included in computation of the area of a
sign.
Sign, Billboard means a primarily self-supporting sign, which is used for the display of general advertising.
Sign, Fascia means a sign placed flat and parallel to the face of a building so that no part projects more than O.3m
(lOft) from the building.
Sign, Free-standing means a sign on a standard or column permanently attached to the ground, which is not connected
in any way to any building or other structure.
Land Use Bylaw ###-##
103
1. Definitions
Sign, Free-standing Portable means a sign on a standard or column fixed to its own self-contained base and capable of
being moved manually.
Sign, Marquee/Canopy means a sign attached to a marquee or canopy.
Sign, Projecting means a sign which is attached to a building or structure so that part of the sign projects more than
O.3m (lOft) from the face of the hLlilding or structure.
Sign, Roof means any sign placed on or over a roof.
Sign, Sky means a roof sign comprising individual letters or symbols on an open framework.
Shipping Container means any container that is or was used for transport of goods by means of rail, truck or by sea.
These are generally referred to as a C-Container, sea cargo container, sea can or cargo container. Such containers are
typically rectangular in shape and are generally made of metal. For the purposes of this Bylaw, when such a container is
user! for any purpose other than transporting freight. it will be considered as a structure, must conform to these
regulations and requires a permit.
Solar Energy Collector System means a structure and accessories designed to convert solar radiation into electrical or
thermal energy;
Stall means an area of land upon which manufactured home is to be located, and which is reserved for the exclusive
use of the residents of that particular manufactured home, located within a manufactured home park.
Subdivision and Development Appeal Board means the Subdivision and Development Appeal Board established by the
Council by the Subdivision and Development Appeal Board Bylaw adopted pursuant to the Act.
T
Temporary Building means a structure which is permitted to exist for a maximum of six 16) months, or such period of
time as determined by the Development Authority.
Temporary Use means a use which is permitted fo a n)aximLim of six 161 months, or such period of time as determined
by the Development Authority.
U
Units per Net Hectare means the total number of dwelling Lmnits per hectare of land.
Urban Hen means a domesticated female chicken that is of at least sixteen (16) weeks of age and is kept on an urban
residential property for non-commercial purposes.
Urban Hen Coop means a weather proof outdoor structure designed to house an urban hen that includes an attached
securely enclosed outdoor area that is fenced and roofed.
V
Veterinary Clinic means a development where domestic pets or livestock are cared for and treated. Veterinary clinics
primarily involve out-patient care and minor medical procedures involving hospitalization for fewer than four (4) days.
104
Town of Two Hills
11 Definitions
w
Workshop means a development involving the assembling or crafting of goods by hand or small equipment and is
considered by the Development Authority to not create are cause any nLnsance to adjacent land uses. A workshop
includes uses such as cabinetry making, carpentry, artist studio, electrician, gas fitter, metal worker, painter, plumber,
pipe fitter, tinsmith and upholsterer.
Wireless Communications Facility means a development involving a strLicture and components needed to operate
wireless transmitters or receivers for television, radio, telephone and internet signals.
Y
Yard means that portion of a site located between the property line and nearest exterior wall of the principal building.
Land Use Bylaw ###-##
105
11 Definitions
106
Town of Two Hills
Appendix A
Land Use Districts Map
Town Centre (Cl)
EI Hhway Comrnerwat (C2)
Innbtotnnat (I)
EI Partrs and Recteatwn (PR)
tndostrrai Light (IL)
Industrial Heany (IH)
C
C
C
C
0
015
0.3
t2
A
Town of Two Hills
Land Use Bylaw
Green Spror GiIi'r.e
Map I
I Land Use Districts
Legend
Resdentiat
1 (Ri)
Resdent,al 2 (R2)
Re5denhaI 2A )R2A)
Rendenhat 3 )R3)
tEl Resdenhat Manfaclured Howe Subdwson )RMHS)
Res,derrtaI Manufactured f-force Parts (RMHP)
Urban Reserne (UR)
Town Boundary
Last Updared O8ObI2Qi8
Appendix B
Direct Control Districts
Legend
C Residential 1 (Ri)
Residential 2 )R2)
Residential 2A )R2A)
C Residential 3 )R3)
Residential Manufactared Hnwe Sabdinisinn )RMHS)
Residential Manufactured Hnme Park )RMHP)
LJ___JIL±L1_I±
-
,
L
Tswn Centre (Cl)
Highway Cnmmercial )C2)
Inshiatinnal 0)
C Parks and Recreatinn (PR)
lndustnat Ltght (IL)
tndustnal Heaw )lH)
Town of Two HiNs
Land Use Bylaw
Green Space Glliancc
Map I
I Land Use Districts
Urban Reserne )UR)
0 Tnwn
Last Updated 55155/2515