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Last Consolidated March 2021
1
VILLAGE OF YOUNGSTOWN
BYLAW NO. 21-718
BEING A BYLAW OF THE VILLAGE OF YOUNGSTOWN IN THE PROVINCE OF ALBERTA TO REGULATE THE
DEVELOPMENT AND USE OF LAND IN THE VILLAGE OF YOUNGSTOWN
WHEREAS: pursuant to the provisions of Section 639(1) of the Municipal Government Act, as amended,
the Council of the Village of Youngstown must, by Bylaw in accordance with Section 692 of the Municipal
Government Act, adopt a plan to be known as:
"THE VILLAGE OF YOUNGSTOWN LAND USE BYLAW"
AND WHEREAS: a Public Hearing was held on March 2, 2021 as required by Section 230 of the Municipal
Government Act.
NOW THEREFORE: THE COUNCIL OF THE VILLAGE OF YOUNGSTOWN IN THE PROVINCE OF ALBERTA, DULY
ASSEMBLED, ENACTS AS FOLLOWS:
1. This Bylaw may be cited as "The Village of Youngstown Land Use Bylaw".
2. Bylaw No. 14-702 being the "Village of Youngstown Land Use Bylaw" currently in effect is hereby repealed
including all amendments thereto and replaced by Bylaw No. 21-718.
3. Council adopts as the Land Use Bylaw for those lands contained within its civic boundaries, "The Village of
Youngstown Land Use Bylaw."
4. Council adopts as "The Village of Youngstown Land Use Bylaw" this text and the accompanying Schedules.
5. This Bylaw takes effect on the date of the third and final reading.
READ A FIRST TIME this ___ day of ____, 2021.
READ A SECOND TIME this___ day of _____,2021.
READ A THIRD TIME AND FINALLY PASSED this___ day of ____, 2021.
MAYOR CHIEF ADMINISTRATIVE OFFICER
2
Text Amendments to Land Use Bylaw 21-718
Bylaw No.
Date
Description
Table of Contents
3
1.0 GENERAL ...................................................................................................................................................... 7
1.1
TITLE .............................................................................................................................................................. 8
1.2
PURPOSE ....................................................................................................................................................... 8
1.3
REPEAL .......................................................................................................................................................... 8
1.4
APPLICATION AND ADDITIONAL REQUIREMENTS ............................................................................................ 8
1.5
CONFORMITY WITH BYLAW ............................................................................................................................ 9
1.6
SEVERABILITY ................................................................................................................................................. 9
1.7
APPLICATIONS IN PROCESS ........................................................................................................................... 9
1.8
FORMS AND NOTICES .................................................................................................................................... 9
1.9
RULES OF INTERPRETATION ............................................................................................................................. 9
1.10 AMENDMENTS TO THE BYLAW ..................................................................................................................... 10
2.0 ADMINISTRATION ..................................................................................................................................... 12
2.1 COUNCIL .......................................................................................................................................................... 12
2.2 ESTABLISHMENT OF SUBDIVISION AUTHORITY ...................................................................................................... 12
2.3 ESTABLISHMENT OF DEVELOPMENT AUTHORITIES ................................................................................................. 13
2.4 DUTIES AND POWERS OF DEVELOPMENT AUTHORITIES ......................................................................................... 13
2.5 DEVELOPMENT AUTHORITY'S DECISIONS AND DISCRETION ................................................................................. 14
2.6 ESTABLISHMENT OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD .......................................................... 15
2.7 APPEAL PROCEDURE .......................................................................................................................................... 15
2.8 PUBLIC HEARING ............................................................................................................................................... 16
2.9 DECISION .......................................................................................................................................................... 17
3.0 DEVELOPMENT PERMITS ........................................................................................................................... 19
3.1 DEVELOPMENT PERMITS REQUIRED ...................................................................................................................... 19
3.2 DEVELOPMENT PERMIT NOT REQUIRED ............................................................................................................... 19
3.3 APPLICATION FOR A DEVELOPMENT PERMIT ........................................................................................................ 20
4.0 LAND USE DISTRICTS & OVERLAYS .......................................................................................................... 22
4.1
DISTRICTS .................................................................................................................................................... 22
4.2
DISTRICT BOUNDARIES ................................................................................................................................. 22
4.3
RG - RESIDENTIAL GENERAL DISTRICT ......................................................................................................... 23
4.4
C-1 - CENTRAL COMMERCIAL DISTRICT ..................................................................................................... 28
4.5
HWY-C - HIGHWAY COMMERCIAL DISTRICT ............................................................................................. 32
4.6
I - INDUSTRIAL DISTRICT ............................................................................................................................... 36
4.7
CS - COMMUNITY SERVICE DISTRICT .......................................................................................................... 39
Table of Contents
4
4.8
UR - URBAN RESERVE DISTRICT .................................................................................................................... 41
5.0 DEFINITIONS .............................................................................................................................................. 43
6.0 GENERAL LAND USE ................................................................................................................................. 56
6.1
SUBDIVISION OF LAND ................................................................................................................................ 56
6.2
NON-CONFORMING BUILDINGS AND USES ................................................................................................. 56
6.3
FENCING AND HEDGES ............................................................................................................................... 56
6.4
ACCESSORY BUILDING & USES .................................................................................................................... 57
6.5
OFF-STREET LOADING & UNLOADING FOR COMMERCIAL & INDUSTRIAL DEVELOPMENT ............................... 58
6.6
PARKING .................................................................................................................................................... 60
6.7
SITE DEVELOPMENT ...................................................................................................................................... 60
6.8
HOME OCCUPATIONS ................................................................................................................................. 61
6.9
UTILITIES ...................................................................................................................................................... 61
6.10
DRAINAGE .................................................................................................................................................. 62
6.11
SIGNS ......................................................................................................................................................... 62
6.12
RELOCATION OF BUILDINGS ........................................................................................................................ 65
6.13
PROJECTION OVER YARDS .......................................................................................................................... 65
6.14
DAYTIME CHILD CARE SERVICES ................................................................................................................. 66
6.15
DWELLING UNITS ON A PARCEL ................................................................................................................... 66
6.16
PHYSICAL ENVIRONMENT ............................................................................................................................ 67
6.17
GENERAL REQUIREMENTS FOR MANUFACTURED HOMES ............................................................................... 67
6.18
INDUSTRIAL AND COMMERCIAL DEVELOPMENT ............................................................................................ 69
6.19
STORAGE STRUCTURES ................................................................................................................................. 70
6.20
ANIMAL UNITS ............................................................................................................................................ 70
6.21
BUILDING DEMOLITION ................................................................................................................................ 71
6.22
COMMUNICATION STRUCTURES ................................................................................................................... 71
6.23
RENEWABLE ENERGY SYSTEM ....................................................................................................................... 72
6.24
SMALL WIND ENERGY SYSTEMS ................................................................................................................... 73
6.25
CANNABIS RETAIL SALES ............................................................................................................................. 74
7.0 APPEALS ..................................................................................................................................................... 76
7.1
APPEAL PROCEDURE ................................................................................................................................... 76
7.2
PUBLIC HEARING ......................................................................................................................................... 76
7.3
DECISION ................................................................................................................................................... 77
8.0 ENFORCEMENT .......................................................................................................................................... 78
Table of Contents
5
8.1
MUNICIPAL INSPECTION AND RIGH OF ENTRY ............................................................................................... 78
8.2
STOP ORDER ................................................................................................................................................ 78
8.3
OFFENCES & PENALITIES .............................................................................................................................. 80
SCHEDULE A ............................................................................................................................................................ 81
6
7
1.0 GENERAL
The "User Guide" is intended for information and clarity purposes only and is not a section of the
Land Use Bylaw.
The Land Use Bylaw establishes rules and regulations for the use of land and buildings. It
regulates location, intensity, type of land use, buildings, and also details the process for land use
re-designations and the application process for permits to develop property.
Alignment with existing policies is a key component of the rules and regulations outlined in the
Land Use Bylaw. This Land Use Bylaw reflects the Municipal Development Plan and bylaws,
regulations and Acts of the Village and governments of Alberta and Canada. Wherever
possible, these are referenced in the Land Use Bylaw, but the onus is on the individual
landowner, developer and/or applicant to ensure that relevant laws are complied with.
Applicants are encouraged to review their proposed development with the Village prior to
submitting an application.
As a reference document, the Land Use Bylaw's Table of Contents is an important index.
This Bylaw is written in metric. To convert metres to feet multiply the number of metres by 3.28 to
get the approximate dimension in feet. To convert square metres to square feet multiply the
number of square metres by 10.764 to get the number of square feet. Some typical dimensions
used in the Bylaw and their Imperial equivalents are shown below.
METRES TO FEET | METRES 2 to FEET 2
Metres
Feet
0.5
1.64
1.0
3.28
2.0
6.56
3.0
9.84
4.0
13.12
5.0
16.40
6.0
19.69
Metres2
Feet2
1.5
16.15
7.5
80.73
310.0
3336.81
570.0
6135.43
850.0
9149.32
1300.0
13993.08
8000.0
86112.28
Figure 1
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1.1
TITLE
This Bylaw may be cited as the "The Village of Youngstown Land Use Bylaw".
1.2 PURPOSE
The purpose of this Bylaw is to manage the use and development of land and
buildings within the municipality to achieve the orderly, economical and beneficial
development of land with the Village of Youngstown.
More specifically, this Bylaw:
a.) Designates a land use district to all parcels of land within the Village;
b.) Establishes the roles of the Approving Authorities; and
c.) Establishes the method of making decisions on applications for
redesignation and Development Permits.
This Bylaw is in alignment with the Village's Municipal Development Plan as
amended from time to time, and shall be applied in a manner that serves to
implement statutory plans that have been adopted by the Village.
This Bylaw shall be used in conjunction with the Guidelines, Standards, Policies, and
Procedures as adopted and amended by Council from time to time.
1.3 REPEAL
Bylaw No. 14-702, and amendments thereto, are hereby repealed.
1.4
APPLICATION AND ADDITIONAL REQUIREMENTS
The provisions of this Bylaw apply to all land and buildings within the boundaries of
the Village.
Compliance with the requirements of this Bylaw does not exempt any person
undertaking a development from complying with all applicable municipal,
provincial or federal legislation, and respecting any easements, covenants,
agreements or other contracts affecting the land or the development.
In addition to meeting the requirements of this Bylaw, it is the responsibility of the
applicant to obtain other such permits, approvals or licenses that may be required
by the municipality or other Provincial and/or Federal Government departments
and agencies. A person(s) who applies for, or is in possession of a valid
Development Permit is responsible for complying with or carrying out development
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in accordance with:
(A)
The conditions of any caveat, covenant, easement, instrument or agreement
affecting the land or building;
(B)
The requirements of other applicable Village bylaws, policies and procedures as
adopted by the Village from time to time; and
(C)
Any successor or replacement legislation or regulation which may be enacted
in substitution thereof.
1.5
CONFORMITY WITH BYLAW
No person shall commence any development unless it is in accordance with the
terms and conditions of this Land Use Bylaw.
1.6
SEVERABILITY
If any provision of this Bylaw is found to be unenforceable or contradictory to
superseding laws and regulations, it is the intention of the Council that such
provision be severed from this Bylaw and that every other provision of this Bylaw
continue in force and effect.
1.7
APPLICATIONS IN PROCESS
All applications for redesignation, subdivision and development which are received
and deemed complete but not yet approved prior to the effective date of this
Bylaw shall require alignment with this Bylaw and the provisions of this Bylaw shall be
applicable to all decisions on these applications.
1.8
FORMS AND NOTICES
For the purpose of administering the provisions of this Bylaw, the development
authority shall prepare forms and notices as they may deem necessary.
1.9
RULES OF INTERPRETATION
Compliance with the policies in this Bylaw shall be interpreted and applied as
follows:
(A) "DISCRETIONARY USE" means the use of land or a building for which a
Development Permit may be issued by the Development Authority, with
or without conditions. Discretionary uses require the approval of the
Municipal Planning Commission.
(B) "MAY" is a discretionary term, meaning the provision in question can be
enforced by the Village if it chooses to do so, dependent on the
particular circumstances of the site and/or application.
(C) "MUST" is a directive term that indicates that the actions outlined are
mandatory and therefore must be complied with, without discretion, by
Administration, the developer, and the Development Authority.
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(D) "PERMITTED USE" means the use of land or a building provided for in this
Bylaw for which a Development Permit shall be issued with or without
conditions by the Development Authority, unless Exempt under this
Bylaw.
(E) "SHALL" is a directive term that indicates that the actions outlined are
mandatory and therefore must be complied with, without discretion, by
Administration, the developer/landowner, and the Development
Authority.
(F) "SHOULD" is a directive term that provides direction to strive to achieve
the outlined action, but is not mandatory. When the regulation is
directed to the applicant, the onus is on the applicant to justify why the
desired action/result is not proposed and/or will not be achieved. When
a regulation or district involves two (2) or more conditions, provisions or
events connected by a conjunction, the following definitions shall apply:
(I) "And" means all the connected items shall apply in
combination;
(II) "Or" indicates that the connected items may apply singularly or
in combination; and
The system of measurement used in this document is the metric system. Imperial
conversions of metric measurements are provided in brackets, but shall not be used
in lieu of metric measurements.
1.10 AMENDMENTS TO THE BYLAW
1.11 Any person may apply to have this Bylaw amended using the approved form.
11
1.12 The Council may initiate amendments by its own motion.
1.13 All applications for amendments of this Bylaw shall be made using the approved
form, accompanied by:
(a)
the fee determined by the Council;
(b)
a statement of the applicant's interest in the land;
(c)
any drawings, plans or maps required by the Development
Officer; and
(d)
any documents as required by the Development Officer.
1.14 All amendments to this Bylaw shall be made Council by bylaw in conformity with
the Act and the regulations.
1.15 The Council, in considering an application for an amendment to this Land Use
Bylaw, shall refer a copy of the proposed amendment to:
(a) Palliser Regional Municipal Services,
(b) Special Area No. 3, if the proposed amendment
(i) affects land on the boundary with Special Area No. 3, or
(ii) may otherwise have an effect on within Special Area No. 3,
(c) such other persons or agencies as it considers necessary for
comment.
1.16 If an application for an amendment to this Bylaw has been refused by Council,
then Council need not accept an application for an amendment for the
same use on the same parcel for a period of (6) months from the date of
refusal.
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2.0 ADMINISTRATION
2.1 COUNCIL
Applications which shall be referred to Council for consideration and decision
shall include:
(A) Any planning application for which a bylaw is required.
(B) Any applications for discretionary uses within a Direct Control district unless
otherwise specified within the Direct Control district.
2.2 ESTABLISHMENT OF SUBDIVISION AUTHORITY
The Subdivision Authority for the Village is established by separate bylaw in
accordance with Section 623 of the Municipal Government Act. The Subdivision
Authority shall:
(a)
keep and maintain for the inspection of the public copies of all
decisions and ensure that copies of same are available to the
public at a reasonable charge;
(b)
keep a register of all applications for subdivision, including the
decisions therein and the reasons therefore;
(c)
receive all complete applications for subdivision including the
required application fees and decide upon all applications in
accordance with the Subdivision and Development Regulation
and Land Use Bylaw with consideration of all comments received
through circulation and the recommendations of the Municipal
Planning Commission;
(d)
On receipt of an application for subdivision, review to ensure
sufficient information is provided to adequately evaluate the
application in accordance with Part 1 of the Subdivision and
Development Regulation;
(e)
Excepting subdivision applications not requiring circulation under
the Municipal Government Act to circulate applications for
subdivision for comments to those authorities and agencies as
prescribed within the Subdivision and Development Regulation and
this Land Use Bylaw and all comments to be added to the
subdivision report;
(f)
Excepting subdivision applications not requiring circulation under
the Municipal Government Act, to circulate applications for
subdivision for comments to Special Area No. 3 when the original
parcel boundaries are adjacent to the municipal boundary or
where an intermunicipal development plan requires or, at the
discretion of the subdivision authority, where a subdivision
application is not adjacent to the municipal boundary but has
potential for land use impacts within Special Area No. 3;
(g)
Excepting subdivision applications not requiring circulation under
13
the Municipal Government Act, the Subdivision Authority may
proceed with processing of the application after thirty (30) days
from the date of referral to authorities, agencies or landowners
whether or not comments have been received;
(h)
Prepare a subdivision report including all relevant information to
the application, recommendations and any comments received
from circulated agencies and review with the Municipal Planning
Commission for municipal recommendations;
(i)
Prepare, sign and transmit all notices of decision to the relevant
agencies in accordance with the Subdivision and Development
Regulation;
(j)
Ensure all conditions are complied with prior to endorsement to the
satisfaction of the municipality;
(k)
Endorse Land Titles instruments to effect the registration of the
subdivision of land;
(l)
Advise the Council, Municipal Planning Commission and
Subdivision and Development Appeal Board on matters relating to
the subdivision of land;
(m)
Appear before the Subdivision and Development Appeal Board or
Municipal Government Board where appeals are made on
subdivision application decisions.
2.3 ESTABLISHMENT OF DEVELOPMENT AUTHORITIES
The Development Authority for the Village is established by separate bylaw in
accordance with Section 624 of the Municipal Government Act.
2.4 DUTIES AND POWERS OF DEVELOPMENT AUTHORITIES
The Development Officer shall:
(A) keep and maintain for inspection of the public during office hours, a copy
of this Bylaw and all amendments there to;
(B) keep a register of all applications for development, including the decisions
therein and the reasons therefore, for a minimum period of seven years;
(C) receive, consider and decide on development permit applications for
those uses listed as "Permitted Uses"; and
(D) receive, consider and decide on development permit applications for
those uses listed as "Discretionary Uses under the authority of the
Development Officer"; and
(E) refer development permit applications to the Municipal Planning
Commission for those uses:
(I) listed as "Discretionary Uses"; and
(II) (ii) which the Development Officer wishes to refer to the Municipal
Planning Commission.
The Municipal Planning Commission shall:
(A) issue decisions for development permit applications for those uses listed as
14
Discretionary Uses in the subject land use district and determine the
method of notification;
(B) issue decisions for those uses which the Development Officer refers to the
Municipal Planning Commission; and,
(C) perform such other duties as described in this bylaw or as may be assigned
to it by Council.
2.5 DEVELOPMENT AUTHORITY'S DECISIONS AND DISCRETION
A development permit application for a use which is not listed as a "Permitted
Use" or a "Discretionary Use" in the subject District shall be refused.
In making a decision on an application for a "Permitted Use", the Development
Authority shall:
a) approve with or without conditions, an application for a development
permit where the proposed development conforms with this Bylaw; or
b) refuse an application for a development permit if the proposed
development does not conform to the Bylaw.
In making a decision on an application for a "Discretionary Use", the Municipal
Planning Commission:
a) may approve, either permanently or for a limited period of time, a
development permit application which meets the requirements of this
Bylaw, with or without conditions; or
b) may refuse a development permit application even though it meets
the requirements of this Bylaw; or
c) shall refuse a development permit application if the proposed
development does not conform with this Bylaw.
In reviewing a development permit application for a Discretionary Use, the
Municipal Planning Commission shall have regard for:
a) the purpose and intent of the Act;
b) any statutory plans adopted by the municipality; and
c) the circumstances and merits of the application, which may include
such items as
(i) impact of such nuisance factors as smoke, airborne emissions,
odors and noise on nearby properties;
(ii) the design, character and appearance of the development
shall be compatible with and complementary to the
surrounding area; and
(iii) the servicing requirements for the proposed development.
Subject to Section 3.1 and 3.2 the Development Authority may approve an
application for a Development Permit notwithstanding that the proposed
development does not comply with this Bylaw if, in the opinion of the
Development Authority:
a) the proposed development would not
(iii) unduly interfere with the amenities of the neighbourhood; or
15
(iv) materially interfere with or affect the use, enjoyment or value of
neighbouring properties;
b) the proposed development conforms with the use prescribed for the
land or building in this Bylaw;
c) the proposed variance is minor in nature and would not alter the spirit
and intent of this Bylaw; and
The proposed variance, if not granted, would cause undue hardship to the
applicant characterized by location, use and character of the land or building.
The Development Officer may allow a minor variance of less than or equal to 10%
of any or all of the numerical regulations subject to Section 3.1.
The Municipal Planning Commission may allow a variance of greater than 10% of
any or all of the numerical regulations subject to Section 3.1.
Notwithstanding any provisions or requirements set out in the Bylaw, the Municipal
Planning Commission may establish a more stringent standard for uses listed under
the "Discretionary Uses" column when it is deemed necessary to do so.
A variance will not be allowed if the granting of the variance results in a
development which does not meet the requirements of the Subdivision and
Development Regulation.
In the event that a variance is granted pursuant to Section 3.1. or 3.2., the
Development Authority shall indicate in its minutes the type and extent of any
variance granted to any development permit approval.
Notwithstanding Sections 3.1 and 3.2, if a proposed use of land or a building is not
listed as a "Permitted Use" or "Discretionary Use" in the Bylaw, the Municipal
Planning Commission may determine that such a use is similar in character and
purpose to a use listed under that land use district and may issue a development
permit.
2.6 ESTABLISHMENT OF THE SUBDIVISION AND DEVELOPMENT
APPEAL BOARD
The Subdivision and Development Appeal Board for the Village is
established by separate bylaw in accordance with Section 627 of the
Municipal Government Act.
The Subdivision and Development Appeal Board for the Village shall
perform such duties as are specified in the Act.
2.7 APPEAL PROCEDURE
(1)
An appeal may be made to the Subdivision and Development
Appeal Board where the Development Authority:
(a)
refuses or fails to issue a development permit to a person
within 40 days of receipt of the application;
16
(b)
issues a development permit subject to conditions;
(c)
issues an order under Section 7 of this Bylaw.
(2)
The person applying for a development permit or affected by the
order, under subsection (1), or any other person complying with the
appeal requirements as set out in the Act may appeal the decision
or development permit of the Development Authority to the
Subdivision and Development Appeal Board.
(3)
An appeal shall by made by serving a written notice of appeal,
stating the reasons for the appeal, to the Secretary of the Subdivision
and Development Appeal Board within 21 days after the date of the
order, decision or permit issued by the Development Authority was
either:
(a)
first published in a newspaper circulating in the area; or
(b)
posted on the site of the property which is the subject of
the application; or
(c)
received by the applicant, whichever of these occur first.
(4)
For the purpose of subsection 3(c), the date of receipt of the
decision is deemed to be five (5) days from the date the decision
was mailed.
2.8 PUBLIC HEARING
(1)
Within 30 days of receipt of a notice of appeal, the Board shall hold
a public hearing respecting the appeal.
(2)
The Subdivision and Development Appeal Board shall give at least 5
days notice in writing of the public hearing to:
(a)
the appellant or any person acting on his/her behalf;
(b)
The Development Officer / Chairman of the Municipal
Planning Commission from whose order, decision or
development permit the appeal is made;
(c)
those registered owners of land in the municipality who
were notified under subsection 10(3)(b) and any other
person who in the opinion of the Subdivision and
Development Appeal Board, is affected by the order,
decision or permit;
(d)
the Director/Senior Planner of Palliser Regional Municipal
Services;
(e)
such other persons as the Subdivision and Development
Appeal Board specifies.
17
(3)
The Subdivision and Development Appeal Board shall make
available for public inspection before the commencement of the
public hearing all relevant documents and materials respecting the
appeal, as they become available, subject to Section 217 of the
Act, including:
(a)
the application for the development permit, its refusal
and the appeal therefrom; or
(b)
the order of the Development Authority under Section
14, as the case may be.
(4)
At the public hearing referred to in subsection (1), the Board shall
hear:
(a)
the appellant or any person acting on his/her behalf;
(b)
the Development Officer / Chairman of the Municipal
Planning Commission from whose order, decision or
development permit the appeal is made, or if a person is
designated to act on behalf of the Development Officer, that
person;
(c)
any other person who was served with notice of the hearing
and who wishes to be heard or a person acting on his/her
behalf; and
(d)
any other person who claims to be affected by the order,
decision or permit and that the Subdivision and Development
Appeal Board agrees to hear or person acting on his/her
behalf.
2.9 DECISION
(1)
The Subdivision and Development Appeal Board shall give a written
decision together with reasons for the decision within 15 days of the
conclusion of the hearing;
(2)
A decision made under this part of the Bylaw is final and binding on
all parties and all persons subject only to an appeal upon a question
of jurisdiction or law pursuant to Section 688 of the Municipal
Government Act. An application for leave to appeal to the Court of
Appeal shall be made:
18
(a)
to a judge of the Court of Appeal; and
(b)
within 30 days after the issue of the order, decision, permit, or
approval sought to be appealed.
19
3.0 DEVELOPMENT PERMITS
3.1 DEVELOPMENT PERMITS REQUIRED
Except as provided in Section 3.2 no person shall undertake any development unless:
a)
a development is exempted by the Act or its regulations.
b)
a development permit has first been issued pursuant to this Bylaw and the
development is in accordance with the terms and conditions of a development
permit issued pursuant to this Bylaw.
Development completed on behalf of the Village and / or on Village-owned land
shall be required to obtain a Development Permit unless it is not required as per
section 3.2 of this Bylaw.
3.2 DEVELOPMENT PERMIT NOT REQUIRED
A development permit is not required for the following developments provided the
development complies with the provisions and regulations of this Bylaw and is carried
out in accordance with all other applicable Federal, Provincial and County legislation,
regulations and bylaws:
(1)
The carrying out of works of maintenance or repair to a building
provided that such work:
(a)
does not include structural alterations;
(b)
does not change the use or intensity of the use of the
structure;
(2)
The completion of a building which could be prohibited by this Bylaw,
but was lawfully begun on or before the date of the first official of this
Bylaw provided the building:
(a)
is completed within 12 months of the notice; and
(b)
complies with any development permit issues for it.
(3)
The use of any such building as is referred to in subsection (2) for the
purpose for which construction was commenced;
(4)
The erection or construction of gates, fences, walls or other means of
enclosure (other than on corner lots or where abutting a road used by
vehicular traffic) less than 1.2 m (4 ft.) in height in front yards and less
than 1.82 meters (six ft.) in side and rear yards, and the maintenance,
20
improvement and other alterations of any gates, fences, or walls or other
means or enclosure;
(5)
A temporary building, the sole purpose of which is incidental to the
erection or alteration of a building, for which a permit was issued under
this Bylaw;
(6)
The development of a building or use of land that is publicly owned or
controlled.
(7)
The maintenance or repair of public works, services or public utilities
carried out by or on behalf of federal, provincial and municipal public
authorities on land which is publicly owned or controlled;
(7)
The use of a building or part thereof as a temporary polling station for a
Federal, Provincial, or Municipal election, referendum or plebiscite;
(8)
The construction, maintenance and repair of private walkways,
pathways, driveways, and similar works;
(9)
Those signs outlined in Part VII as not requiring a development permit;
(10)
An official notice, sign, placard or bulletin required to be displayed
pursuant to provisions of Federal, Provincial or Municipal Legislation;
(11)
The erection or construction or replacement of one (1) garden/tool shed
per site, which does not exceed 10.5 m2 (113 sq. ft.) in floor area and 2.5
m (8.2 ft.) in height;
3.3 APPLICATION FOR A DEVELOPMENT PERMIT
(1)
Any owner of a parcel, an authorized agent, or other persons having legal or
equitable interest in the parcel may make application for a
development permit to the Development Officer using the approved
form and shall be accompanied by information as may be required by
the Development Authority to evaluate the application including, but
not limited to:
(a)
a site plan in duplicate, drawn to scale, which shows the
following:
(i)
legal description of the site with north arrow;
(ii)
area and dimensions of the land to be
developed including the front, rear and side
yards if any;
21
(iii)
area and external dimensions including the
heights of all buildings and structures to be
erected on the land;
(iv)
any provisions for off-street loading and vehicle
parking, including all access and exit points to
the site; and
(v)
the position and distances of any existing
building, roads, water bodies, trees or other
physical features on the land to be developed.
(b)
floor plans, elevations, grading and drainage plans and sections
in duplicate and an indication of the exterior finishing materials
and colour if required by the Development Authority;
(c)
pictures of the interior and exterior of an existing building that is
proposed to be moved on to a parcel within the Village of
Youngstown;
(c)
a statement of the proposed use or uses;
(d)
a statement of ownership of land and the interest of the
applicant therein;
(e)
the estimated commencement and completion dates;
(f)
the estimated cost of the project or contract price;
(g)
the development permit fee as prescribed by Council;
(h)
a surveyor's certificate or real property report if required by the
Development Officer;
(i)
written agreement of the registered landowner(s) of the
property with regard to the proposed development, if required.
(2)
The Development Authority may require additional copies of the
application plans or specifications as well as such additional
information as deemed necessary to sufficiently evaluate the
application.
(3)
The Development Authority shall issue a notice of "Complete" or
"Incomplete" application, within 20 days of the submission in
accordance with the requirements of the Act.
22
4.0 LAND USE DISTRICTS & OVERLAYS
4.1
DISTRICTS
(1)
For the purpose of this Bylaw, the municipality is divided into the following
Districts:
R
-
Residential General District
C-1
-
Central Commercial District
HWY- C -
Highway Commercial District
I
-
Industrial District
CS
-
Community Service District
UR
-
Urban Reserve District
4.2
DISTRICT BOUNDARIES
(1)
The locations and boundaries of the land use districts are shown on the Land Use
District Maps in Schedule A, which forms part of this Bylaw.
(2)
The locations of boundaries shown on the Land Use District Maps shall be
governed by the following rules:
Rule 1.
Where a boundary is shown as following a street, lane, stream or
canal, it shall be deemed to follow the centerline thereof.
Rule 2.
Where a boundary is shown as approximately following a lot line, it
shall be deemed to follow the lot line.
Rule 3.
In circumstances not covered by Rules 1 and 2 the location of the
district boundary shall be determined:
(a)
using any dimensions given on the map; or
(b) where no dimensions are given, measurement using the
scale shown on the map.
(3)
Where the exact location of the boundary of a land use district cannot be
determined using the rules in subsection (2), the Council, on its own motion or on
a written request, shall fix the location:
23
(a)
in a manner consistent with the provisions of this Bylaw; and
(b)
with the appropriate degree of detail required.
(4)
The location of a district boundary, once fixed, shall not be altered except by an
amendment of this Bylaw.
(5)
The Council shall keep a list of its decisions fixing the locations of district
boundaries.
4.3
RG - RESIDENTIAL GENERAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for a variety of housing types
in residential neighborhoods.
24
(2)
Permitted Uses
-
Accessory buildings and uses
-
Dwelling - Duplex
-
Dwelling - Semi-detached
-
Dwelling - Single-unit - all types excluding manufactured homes
-
Home occupation
-
Permitted signs
-
Parks and Playgrounds
-
Public Utility Building
-
Renewable Energy System
(3)
Discretionary Uses
-
Bed and breakfast establishment
-
Daytime child care service
-
Dwelling - Multi Unit
-
Dwelling - Manufactured Home
-
Manufactured Home Park
-
Public and quasi-public buildings, facilities and installations
-
School
-
Storage Structure
25
(4)
Minimum Requirements
(a)
Site Area:
(i)
110.4 m2 (3,900 sq. ft.) for single-unit dwellings;
(ii)
325 m2 (3,500 sq. ft.) for each corner unit and 278.7 m2 (3,000 sq.
ft.) for each interior unit for semi-detached dwellings; and
(iii)
650 m2 (7,000 sq. ft.) for apartment buildings;
(iv)
232 m2 (2,500 sq. ft.) for end units and 185 m2 (2,000 sq. ft.) for
interior units for attached housing; and
(v)
Other uses at the discretion of the Municipal Planning
Commission.
(b)
Lot Width:
26
(i)
15.24 m (50 ft.) for single-detached dwellings and manufactured
homes;
(ii)
7.6 m (25 ft.) for each dwelling unit in a semi-detached dwelling;
(iii)
18.3 m (60 ft.) for apartment buildings;
(iv)
7.6 m (25 ft.) for end units and 6.1 m (20 ft.) for interior units for
attached housing; and
(v)
Other uses at the discretion of the Municipal Planning
Commission.
(c)
Front Yard:
(i)
4.57 m (15 ft.) for dwellings; and
(ii)
Other uses at the discretion of the Municipal Planning Commission.
(d)
Side Yard:
(i)
1.2 m (4 ft.) except those buildings having the principle entrance
provided from a side yard. The minimum side yard shall then be
2.1 m (7 ft.);
(ii)
Accessory buildings shall be sited in accordance with Part VII of
this Land Use Bylaw;
(iii)
Others at the discretion of the Municipal Planning Commission.
(vi)
Other uses at the discretion of the Municipal Planning
Commission.
(e)
Rear Yard:
(i)
6.1 m (20 ft.) for one and two unit dwellings; and
(ii)
Accessory buildings shall be sited in accordance with Part VII of
this Land Use Bylaw;
(iii)
Other uses at the discretion of the Municipal Planning
Commission.
(f)
Gross Floor Area:
(i)
74.32 m2 (800 sq. ft.) for detached dwellings;
(ii)
56 m2 (600 sq. ft.) for each dwelling unit in a duplex dwelling,
semi-detached dwelling and attached housing; and
(iii)
38 m2 (238 sq. ft.) for apartment units.
(iv)
Other uses at the discretion of the Municipal Planning
Commission.
27
(5)
Maximum Limits
(a)
Height:
(i)
10.67 m (35 ft.) for one and two unit dwellings,
(ii)
13.7 m (45 ft.) for other uses; and
(iii)
4.57 m (15 ft.) for accessory buildings.
(b)
Site Coverage
(i)
35% for single- detached dwellings;
(ii)
40% for apartment buildings;
(iii)
30% for a Duplex dwelling, semi-detached dwelling and attached
housing;
(iv)
15% for accessory buildings; and
(v)
Other uses at the discretion of the Municipal Planning Commission.
(6)
Parking
Parking shall be provided according to the following:
28
(a)
Single-unit, Duplex, and semi-
-
One (1) parking or
detached dwellings
garage space per
dwelling unit;
(b)
Apartment houses and
-
One (1) parking
attached housing
space per dwelling
unit plus one (1)
parking space per
seven (7) dwelling
units must be as--
signed to guest
parking;
(c)
Public and Quasi-public buildings
-
One (1) parking
space per 15 seats;
(d)
Other uses at the discretion of the Municipal Planning Commission.
(7)
Landscaping & Screening
(a)
A minimum of 10% of the site area for apartments and attached housing
developments shall be landscaped or developed in order that it can be
utilized as an amenity area. Balconies may be considered part of the
amenity area.
(c)
Garbage and waste material must be stored in weather and animal
proof containers and screened from adjacent sites and public
thoroughfares, including lanes.
(d)
All trees and hedges must be kept trimmed clear of public property.
4.4
C-1 - CENTRAL COMMERCIAL DISTRICT
(1)
Purpose
29
The purpose and intent of this district is to provide for centralized commercial
and retail development.
(2)
Permitted Uses
-
Financial institution
-
Municipal buildings and facilities
-
Permitted sign
-
Professional, financial and administrative office
-
Post office
-
Personal service shop
-
Renewable Energy System
-
Retail store
-
Restaurant
(3)
Discretionary Uses
-
Accessory buildings and uses
-
Amusement enterprise
-
Automobile Vehicles sales, service and repairs
-
Building materials sales and service
-
Cannabis Retail Sales
-
Car wash
-
Clinic
-
Coin laundries and cleaners
-
Communication Structure
-
Community recreation facility
- Daytime childcare service
-
Dwelling Units as a secondary use to the commercial use of the
building
-
Dwelling - Multi unit
-
Funeral home
-
Hotels and motels
-
Libraries
-
Clinic
-
Parks and Playgrounds
-
Print shop
30
-
Service station
-
Storage structure - accessory to a commercial use
-
Public and quasi-public buildings and facilities and installations
-
Private clubs and lounges
-
Tradesman's shop
-
Veterinary clinic
-
Warehousing
-
Other Similar Uses at the discretion of the Municipal Planning Commission
(4)
Minimum Requirements
(a)
Site Area:
(i)
135 m2 (1453 sq. ft.).
(b)
Lot Width:
(i)
10 m (33 ft.).
(c)
Front Yard:
(i)
Based on the front yard provided by neigbouring buildings and is to
be determined for each application by the Development
Authority.
(d)
Side Yard:
(i)
1.52 m (5 ft.) adjacent to residential districts;
(ii)
No side yard is required where a fire-wall is provided but if a side
yard is provided, it must be 1.23 m (4 ft.).
(e)
Rear Yard:
(i)
6.1 m (20 ft.) or as required by the Development Officer / Municipal
Planning Commission.
(5)
Maximum Limits
(a)
Site Coverage:
(i)
80%
(b)
Height:
(i)
13.72 m (45 ft.) unless otherwise approved by the Development
31
Officer / Municipal Planning Commission.
(6)
Parking
(a)
Parking should be provided according to the following:
(i)
Professional, financial &
-
One (1) parking
administrative offices
(800 sq. ft.) of
(including banks)
gross floor area
in the building.
(ii)
Retail shops, repair and
-
One (1) parking
service shops
(800 sq. ft.) of
gross floor area
in the building.
(iii)
Clinics
-
Two (2) parking
spaces per 93 m2
(1,000 sq. ft.) of
gross floor area
in the building.
(iv)
Restaurants
-
One (1) parking
space per eight
(8) seats.
(v)
Hotels & Motels
-
One (1) parking
space per guest
suite.
(vi)
Funeral Homes
-
One (1) parking
space per 3 seats.
(vii)
Libraries
-
One (1) parking
space per 74 m2
(800 sq. ft.) of
gross floor area
in the building.
32
(viii) Other uses at the discretion of the Development Officer / Municipal
Planning Commission.
(b)
Notwithstanding subsection 6(a) should the Municipal Planning
Commission deem it advisable it may reduce or waive the parking space
requirements for proposed development or redevelopment of a
commercial site within the Central Commercial Land Use District:
(i)
where the configuration of the buildings to be developed and
those adjacent buildings is such that the provision of required
parking is not practical; or
(ii)
where the dimensions or site area is inadequate to reasonably
accommodate the proposed development and required parking.
(7)
Landscaping and Screening
(a)
Sites abutting a residential district shall be screened from view to the
satisfaction of the Development Officer / Municipal Planning
Commission;
(b)
Outside storage areas of material and equipment shall be screened
from adjacent sites and public thoroughfares; and
(c)
Garbage and waste material must be stored in weather and animal
proof containers and screened from adjacent sites and public
thoroughfares.
4.5
HWY-C - HIGHWAY COMMERCIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for a range of commercial uses
along major roadways with high traffic volumes and exposure to the Village and
region.
(2)
Permitted Uses
-
Accessory buildings and uses
33
-
Motel/ Hotel
-
Permitted sign
-
Renewable Energy System
-
Restaurant
-
Service Station
-
Tourist and information centre
(3)
Discretionary Uses
-
Accessory buildings and uses
-
Automotive Vehicle Sales
-
Automotive repair and service
-
Auto body shop
-
Auto wrecker
-
Building material sales & storage
-
Bulk fuel depot
-
Cannabis Retail Sales
-
Car wash
-
Clinic
-
Communication Structure
-
Dwelling Unit as a secondary use to the commercial use of the building/ site
-
Fabric Covered Building
-
Funeral home
-
Heavy Equipment Assembly, Sales and Service
- Hotels and motels
-
Public and quasi-public buildings and facilities and installations
-
Retail store
-
Small Wind Energy System
-
Storage Structure
-
Storage yard
-
Veterinary Clinic
-
Warehouse
- Tradesmen's Shop
- Other Similar Uses at the discretion of the Municipal Planning Commission
(4)
Minimum Requirements
(a)
Site Area:
34
(i) 135 m2 (1453 sq. ft.).
(b)
Lot Width:
(i)
15.24 m (50 ft.).
(c)
Front Yard:
(i)
Based on the front yard provided by neigbouring buildings and is to
be determined for each application by the Development
Authority.
(d)
Side Yard:
(i)
1.52 m (5 ft.) adjacent to residential districts;
(ii)
No side yard is required where a fire-wall is provided but if a side
yard is provided, it must be 1.23 m (4 ft.).
(e)
Rear Yard:
(i)
6.1 m (20 ft.) or as required by the Development Officer / Municipal
Planning Commission.
(5)
Maximum Limits
(a)
Site Coverage:
(i)
80%
(b)
Height:
(i) 10.67 m (35 ft.) unless otherwise approved by the Development Officer
/ Municipal Planning Commission
(c)
Front Yard:
(i) 7.6 m (25 ft)
(ii) Shall be landscaped to the satisfaction of the Development Officer
(6)
Parking
Parking shall be provided according to the following:
(a)
Professional, financial &
-
One (1) parking
administrative offices
space per 74 m2
(800 sq. ft.) of
35
gross floor area.
(b)
Retail stores, equipment repair
-
One (1) parking
and workshops
space per 93 m2
(1,000 sq. ft.) of
gross floor area.
(c)
Restaurants
-
One (1) parking
space per eight
(8) seats.
(d)
Hotel & motels
-
One (1) parking
space per guest
suite.
(e)
All other uses
-
One (1) parking
space per 93 m2
(1,000 sq. ft.) of
gross floor area
or at the discre-
tion of the Muni-
cipal Planning
Commission
(7)
Landscaping & Screening
(a)
The boulevard and a minimum of 10% of the site area must be landscaped
in accordance with the plan approved by the Development Authority;
(b)
Any trees or shrubs which die, that were planted under the approved plan,
must be replaced the next planting season;
(c)
Sites abutting a residential district shall be screened from view to the
satisfaction of the Development Authority;
(d)
Outside storage area of material and equipment should be screened from
adjacent sites and public thoroughfares; and
(e)
Garbage and waste material must be stored in weather and animal proof
36
containers and screened from adjacent sites and public thoroughfares.
4.6
I - INDUSTRIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for a range of manufacturing,
warehousing and other industrial land uses.
(2)
Permitted Uses
-
Accessory buildings and uses
-
Permitted signs
-
Renewable Energy System
(3)
Discretionary Uses
-
Truck terminal
-
Automotive vehicle sales
-
Automotive repairs and service
-
Automobile body and paint shop
37
-
Building material sales, storage and processing
-
Bulk fertilizer distribution and storage
-
Bulk fuel depots and sales
-
Cannabis Retail Sales
-
Communication Structure
-
Dwelling Unit as a secondary use to the principal use of the building/ site
-
Tradesmen's Shop
-
Equipment and machinery sales and rental establishments
-
Fabric Covered Building
-
Flour and feed mills
-
Grain elevator
-
Heavy Equipment Assembly, Sales and Service
-
Light manufacturing
-
Propane gas distribution
-
Professional, financial and administrative offices
-
Small Wind Energy System
-
Storage Structure
-
Storage yard
-
Truck and freight terminal
-
Veterinary clinic
-
Warehousing
-
Other Similar Uses at the discretion of the Municipal Planning Commission
(4)
Minimum Requirements
(a)
Area of Site:
As required by the Development Officer / Municipal Planning Commission.
(b)
Width of Site:
As required by the Development Officer / Municipal Planning Commission.
(c)
Front Yard:
(i)
6.1 m (20 ft.)
(d)
Side Yard:
(i)
5 m (16.5 ft.)
(ii)
Or as required by the Development Officer / Municipal Planning
Commission.
38
(e) Rear Yard:
(i)
5 m (16.5 ft.)
(ii)
Or as required by the Development Officer / Municipal Planning
Commission.
(5)
Maximum Limits
As required by the Development Authority.
(6)
Special Requirements
(a)
The operation of all uses shall comply with the environmental and public
health performance standards of the Provincial Government. If the
Development Authority believes a proposed use may conflict with those
standards, he shall refer the application to the appropriate Provincial
Department for clarification prior to issuing a Development Permit;
(b)
The Municipal Planning Commission may prescribe screening and
landscaping for uses which involve storage of goods, machinery, vehicles,
building materials, waste materials, and other items.
(c)
Each application for industrial development shall be accompanied by the
following information:
-
Location map
-
Type of industry
-
Size of buildings
-
Estimated number of employees
-
Estimated water demand and anticipated source
-
Type of effluent and method of treatment
-
Transportation routes to be used (rail and road)
-
Reason for specific location
-
Any accessory works required (pipeline, railway spurs, etc.)
-
Anticipated residence location of employees
(7)
Parking
Off-street parking shall be provided according to the following:
(a)
All uses
-
One (1) parking space per 93`
m2 (1,000 sq. ft.) of gross floor
area plus one (1) loading
space per 1,858 m2 (20,000 sq.
39
ft.) gross floor area.
4.7
CS - COMMUNITY SERVICE DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide recreational, educational and
community uses.
(2)
Permitted Uses
-
Clinic
-
Community recreation facility
-
Municipal buildings and facilities
-
Parks and playgrounds
-
Permitted sign
-
Public and quasi-public buildings, installations and facilities
-
Renewable Energy System
-
School
(3)
Discretionary Uses
-
Accessory buildings & uses
-
Campground
-
Cemetery
-
Communication Structure
-
Fabric Covered Building
-
Seniors lodge
-
Small Wind Energy System
40
-
Storage structure
(4)
Minimum Requirements
(a)
Front Yard:
(i)
6.1 m (20 ft.)
(b)
Side Yard:
(i)
3.05 m (10 ft.)
(c)
Rear Yard:
(i)
7.62 m (25 ft.)
(5)
Development Requirements
The Development Authority shall evaluate each development permit for this
district on its merit and establish suitable development requirements for each
individual application.
(6)
Parking
Parking (on site) shall be provided according to the following:
(a)
Public places of assemble
-
One (1) parking
including sports arenas,
space per 10 seat-
ball parks and other re-
in spaces.
creational or amusement places
(b)
Hospitals
-
One (1) parking
space per 93 m2
(1,000 sq. ft.) of
gross floor area.
(c)
Libraries and Clinics
-
Two (2) parking
space per 93 m2
(1,000 sq. ft.) of
gross floor area.
(d)
Schools
-
Elementary & Junior High
-
One (1) parking
space per class-
41
room.
-
Senior High
-
Four (4) parking
spaces per class-
room.
(7)
Screening
Garbage and waste material must be stored in weather and animal proof
containers and screened from adjacent sites and public thoroughfares including
lanes.
4.8
UR - URBAN RESERVE DISTRICT
(1)
Purpose
The purpose and intent of this district is to reserve lands outside of the developed
area of the Village which is intended for future development.
(2)
Permitted Uses
-
Accessory buildings and uses
- Extensive Agriculture
-
Greenhouse
-
Horticultural nursery
-
Market garden
-
Parks and Playgrounds
-
Permitted sign
-
Renewable Energy System
(3)
Discretionary Uses
-
Communication Structure
-
Dwelling - Single-Detached -on existing parcels only
-
Fabric Covered Building
-
Public and quasi-public buildings, installations and facilities
-
Small Wind Energy System
-
Storage Structure
42
-
Storage yard
(4)
Development Requirements
The Development Authority shall evaluate each development permit for this
district on its merit and establish suitable development requirements for each
individual application.
(5)
Regulations
(a)
The design, siting, site coverage, yards, height of buildings, external finish
and landscaping generally of all buildings and structures shall be to the
satisfaction of the Development Officer / Municipal Planning Commission
who in determining a development permit application shall take into
account:
(i)
the general purpose of the district; and
(ii) the existing uses and prospective uses of land in the vicinity.
(b)
The Municipal Planning Commission may require an area structure plan
before recommending approval of a subdivision.
(c)
The Development Authority shall be satisfied prior to the granting of a
development permit that the proposed use will not prejudice the orderly
development of the area including the future establishment of residential,
commercial, industrial, recreational, and service facilities on a
neighborhood and community basis.
43
5.0 DEFINITIONS
"Accessory building" means a building separate and subordinate to the main or principal
building, the use of which is incidental to the main or principal building and is located on the
same parcel of land;
"Accessory Building - Fabric Covered" means:
(a)
A temporary structure separate and subordinate to the principal building,
the use of which is incidental to that of the principal building and is
located on the same parcel of land;
(b)
The building is designed by virtue of easy assembly and dismantling;
(c)
Pre-engineered and commercially constructed of metal or synthetic tube
and fabric, plastic or similar materials, and covered with waterproof
sheeting, synthetic sheeting or plastic film;
(d)
Shall require the necessary building permits to meet all the requirements of
the Alberta Safety Code to ensure foundation, anchoring and location/
placement are in accordance with the Alberta Safety Codes;
(e)
All fabric covered accessory buildings shall adhere to the requirements of
the General Regulations of this Bylaw.
"Accessory use" means a use customarily incidental and subordinate to the principal use or
building and is located on the same parcel of land with such main use or building;
"Act" means the Municipal Government Act S.A. 1994 Ch. M.26-1 as amended;
"Addition" means an enclosed section of building adjoined structurally to a principal or
accessory building to become part of that building including, but not limited to, sunrooms and
garages;
"Adjacent" means land that is contiguous to a parcel of land and includes land that would be
contiguous if not for a highway, road, river, stream or railway;
"Amusement Enterprise" means a commercial establishment for public entertainment or
recreation including, but not limited to, bowling alleys, theaters, and billiard parlors;
"Automotive Repair & Service" means a use for the servicing and repair of motor vehicles within
a building, excluding an auto body and paint shop, and includes such facilities as alignment
shops, muffler shops, transmission repair shops, rust-proofing, brake shops and other similar uses;
"Automotive Vehicle Sales" means a use:
(a)
where motor vehicles are sold or leased;
44
(b)
may only store or display vehicles on portions of the parcel approved
exclusively for storage or display; and
(c)
that may have a building for administrative functions associated with the
use.
"Auto Wrecker" means a use:
(a)
where dilapidated vehicles are stored, dismantled or crushed;
(b)
where motor vehicle parts may be sold;
(c)
where motor vehicles in their complete and operable state are not
displayed or sold;
(d)
that may have equipment used for crushing, dismantling or moving motor
(e)
that may have a building for administrative functions associated
with the use;
(f)
that does not involve the manufacture or assembly of any goods.
"Bed & Breakfast Establishment" means a lodging facility within an owner occupied dwelling,
having no more than three (3) guest rooms, providing a common washroom and dining facilities
but no cooking facilities in guest rooms;
"Building" includes anything constructed or placed on, in, over, or under land, but does not
include a primary highway or a public roadway;
"Bulk Fuel Sales Depot" means a use where fuel for motor vehicles is sold either with or without an
attendant.
"Campground" means a recreational development for the purpose of providing temporary
accommodation for recreational vehicles or tents. A campground is not construed to mean a
development for the purpose of accommodating long-term or permanent occupancy by
recreational vehicles or manufactured homes.
"Cannabis" means cannabis plant, fresh cannabis, dried cannabis, cannabis oil and cannabis
plant seeds and any other substance defined as cannabis in the Cannabis Act (Canada) and its
regulations, as amended from time to time and includes edible products that contain cannabis.
"Cannabis Accessory" means cannabis accessory as defined in the Cannabis Act (Canada)
and its regulations, as amended from time to time.
"Cannabis Retail Sales" means a retail store licensed by the Province of Alberta where Cannabis
and Cannabis Accessories are sold to individuals who attend the premises.
"Carport" means a structure attached to a principal or accessory building, designed and used
for the shelter and storage of vehicles which must have at least the side which abuts the side
yard and one end unenclosed;
45
"Car Wash" means a facility for the washing, cleaning or polishing of motor vehicles on a
commercial basis;
"Central Commercial district C-1" means a district whose purpose and intent is to provide for
centralized commercial and retail development.
"Clinic" means an establishment in which medical, dental or other professional healing
treatment is given to human beings;
"Community Service District CS" means a district whose purpose and intent is to provide
recreational, educational and community uses.
"Communication Structure" means an exterior transmitting device - or group of devices - used
to receive and/or to transmit radio-frequency (RF) signals, microwave signals, or other federally-
licenced communications energy transmitted from, or to be received by, other antennas.
Antenna Systems include the antenna, and may include a supporting tower, mast or other
supporting structure, and an equipment shelter. This protocol most commonly refers to the
following two types of Antenna Systems:
1. Freestanding Antenna System: a structure (e.g. tower or mast) built from the
ground for the expressed purpose of hosting an Antenna System or Antenna
Systems;
2. Building/Structure-Mounted Antenna System: an Antenna System mounted on
an existing structure, which could include a building wall or rooftop, a light
standard, water tower, utility pole or other.
"Community Recreation Facility" means a use where it is available to the public for sports and
recreational activities conducted indoors and/or outdoors. Typical uses
include indoor/outdoor swimming pools, hockey rinks, gymnasiums, sports fields, outdoor tennis
courts, unenclosed ice surfaces or rinks, athletic fields, bowling greens, riding stables and fitness
centres.
"Corner Site" means a site at the intersection of two or more streets;
"Council" means the Council of the Village of Youngstown;
"Daytime Child Care Services" means development licensed by the Province of Alberta to
provide daytime personal care and education to children, but does not include overnight
accommodation. Typical uses include daycare centers, day nurseries, kindergartens, nursery
schools, and play schools;
46
"Development" means:
(a)
an excavation or stockpile and the creation of either of them, or
(b)
a building or an addition to, or replacement or repair of a building and the
construction or placing in, on, over or under land of any of them, or
(c)
a change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the land or building,
or
(d)
a change in the intensity of use of land of a building that results in or is likely
to result in a change in the intensity of use of the land or building;
"Development Authority" means:
(a)
a person (or persons) appointed as Development Officer by Bylaw,
(b)
the Municipal Planning Commission appointed by Bylaw;
authorized to administer this Bylaw and to decide upon applications for
development permits in accordance with the provisions of this Bylaw and
the Act.
"Development Commencement" means the moment construction is started on site (ie.
Excavation) or the land use has begun for the purposes of the development permit
application.
"Development Completion" means the moment the required building/ development permit
conditions and requirements have been met for the purposes of the development permit
application and/ or the final inspection reports have been received (as required for the project).
"Development Permit" means a document authorizing a development issued pursuant to a land
use bylaw;
"Discretionary Use" means a use of land or a building or a building provided for in this land use
bylaw for which a development permit may be issued upon an application having been made;
"District" means an area of land designated on the Land Use District Map as a land use district;
"Drinking Establishment" means an establishment licensed by the Alberta Liquor Control Board, in
which alcoholic beverages are served for consumption on the premises and any preparation or
serving of food is accessory thereto. This term includes, but is not limited to bars, taverns, pubs
and lounges;
"Dwelling" means any building or structure used exclusively for human habitation and which is
supported on a permanent foundation or base extending below ground level and includes
multiple dwellings, apartments, lodging and boarding houses, but does not include
Manufactured homes of any kind whether standing on wheels or supported by blocks, jacks, or
47
any other temporary foundation;
"Dwelling Unit" means a complete building or self-contained portion of a building, containing a
room or suite of rooms operated as a single housekeeping unit, intended to be used as a
permanent or semi-permanent domicile by one or more persons and usually containing
cooking, eating, living, sleeping and sanitary facilities;
"Dwelling - Duplex" means a structure on a single lot containing two dwelling units, each of
which is totally separated from the other by an unpierced ceiling and floor extending from
exterior wall to exterior wall, and may contain a common stairwell exterior to both dwellings;
"Dwelling - Moved-on" means a structure from a previous location, that has now been
relocated to a new parcel for use as a dwelling.
"Dwelling - Multiple Unit (Apartment)" means a residential building designed and built to contain
three or more dwelling units with shared services, facilities and outside entrances;
"Dwelling - Multiple Unit (Attached)" means a building designed and built to contain three or
more dwelling units separated from each other by a fire rated wall each unit having separate
entrances from grade level. (For purpose of this Bylaw, Garden, Linked, Row, Townhouses, four-
plex, five-plex, and six-plex units which meet this criteria are considered to be attached
housing.);
"Dwelling - Manufactured Home" means a transportable, single or multiple section single
dwelling unit conforming to CAN/CSA Z240 MH Series certified standards at time of
manufacture. It is ready for residential occupancy upon completion of set-up in accordance
with required factory recommended installation instructions.
"Dwelling - Modular" means a prefabricated or factory built frame or shell which comprises
the wall or siding of a proposed dwelling. More specifically, a modular home represents only a
section of the dwelling and such a unit has neither chassis, running gear, nor its own wheels,
but units may be stacked side-by-side or vertically, and completed to form one or more
complete dwelling unit(s) for year-round occupancy. Modular homes are not to be
considered as manufactured homes under this Bylaw and will be congruent in appearance to
conventional single detached dwellings.
"Dwelling - Secondary Suite" means a self-contained Dwelling Unit that is located within a
primary Dwelling Unit, where both Dwelling Units are registered under the same land title."
"Dwelling - Semi-Detached " means a single building designed and built to contain two side by
side dwelling units, separated from each other by a common or party wall and each having
separate access to the outside grade.
"Dwelling - Single-Detached" means a building containing one dwelling unit only; but does not
include semi-detached one family dwellings or Manufactured homes;
48
"Easement" means a right to use land generally for access to other property or as a right-of-way
for a public utility;
"Existing" means existing as of the date of adoption of this By-law;
"Extensive Agricultural" means systems of tillage and animal husbandry through which one may
gain livelihood from large areas of land by the raising of crops or the rearing of livestock either
separately or in conjunction with one another in unified operations and includes buildings and
other structures incidental to the operation but does not include feedlots, intensified hog
operations or poultry farms;
"Fabric Covered Building" means a steel-framed, fabric-membrane
pre-engineered building for temporary & permanent industrial, commercial
& agricultural applications including warehouses, equipment storage,
manufacturing facilities, barns, stables, arenas & event centers. All fabric
covered buildings shall require the appropriate building permits to ensure all
aspects of the development is in accordance with the Alberta Safety Codes
including appropriate foundation construction and building anchoring.
"Fence" means a vertical physical barrier constructed out of typical building material to prevent
visual or unauthorized access or both;
"Financial Institution" means a bank, treasury branch, trust company, credit union or similar
establishment;
"Front Lot Line" means the boundary dividing the lot from the abutting street. In the case of a
corner lot, the shorter boundary shall be deemed to be the front lot line;
"Greenhouse" means a building designated and used for the growing of vegetables, flowers
and other plants for commercial purposes, transplanting or for sale;
"Gross Floor Area" means the total area of all floors of a building, excluding the area of
basement floors, EXCEPT THAT basement suites in apartment buildings shall be included in the
calculation of gross floor area;
"Heavy Equipment Assembly, Sales and Service" means the assembly, sales, rental and service of
any heavy vehicle or equipment used in commercial, industrial or agricultural activities;
"Heavy Manufacturing" means the manufacture of products, the process of which generates
fumes, gases, smoke, vapours, vibrations, noise or glare, or similar nuisances that may cause
adverse effects on users of adjacent land;
49
"Height" means, when used with reference to a building or structure, the vertical distance
between a horizontal plane through grade level and a horizontal plane through:
(a)
the highest point of the roof in the case of a building with a flat roof or a
deck roof;
(b)
the average level of a one-slope roof;
(c)
the highest point in the case of a pitched, gambrel, mansard, or hipped
roof;
Where a sloping grade exists (walkout basement, etc.) the average grade shall
be used.
"Highway-Commercial HWY-C" means a district whose purpose and intent is to provide for a
range of commercial uses along major roadways with high traffic volumes and exposure to the
Village and region.
"Home Occupation" means any occupation, trade, profession, or craft carried on by an
occupant of an residential building or a use secondary to the residential use of the building, and
which does not change the residential nature of the building nor the neighborhood or have any
exterior evidence of such secondary use other than a small name plate, not exceeding 0.18m2
(2 sq. ft.) in area. A home occupation does not include the outside storage of materials, goods
or equipment, nor the employment of more than one paid assistant other than the occupant
and the occupant's family.
"Hotel or Motel" means a building providing sleeping accommodation which may also contain
commercial uses and such additional uses as restaurants, dining rooms, room service, or public
convention facilities;
"Industrial district I" means a district whose purpose and intent is to provide for a range of
manufacturing, warehousing and other industrial land uses.
"Landscaping" means to change or modify the natural features of a site so as to make it more
attractive by adding lawns, trees, shrubs, ornamental plantings, fencing, walks, drives, or other
structures and materials;
"Lane" means a public thoroughfare which provides a secondary means of access to a site or
sites;
"Light Manufacturing" means the assembly or packaging of articles from previously prepared
materials, but does not include uses which may be obnoxious by reason or emission of odors,
dust, noise, smoke or vibrations;
"Loading Space" means a space for parking a commercial vehicle while being loaded or
unloaded;
50
"Manufactured Home Park" means a parcel of land under one title which has been planned,
divided into Manufactured home lots and improved for placement of Manufactured homes for
permanent residential use;
"Manufactured Home Subdivision" means an area subdivided by registered plan, containing lots
for Manufactured homes by free-hold or leasehold tenure
"Municipality" means, where the context requires, the area of land contained within the
boundaries of the Village of Youngstown's corporate limits, as delineated on the Land Use Map,
being Part VIII of this Bylaw;
"Municipal Planning Commission" (MPC) means a Municipal Planning Commission which may be
established by Council pursuant to the Municipal Government Act;
"Non-Conforming Building" means a building lawfully constructed or lawfully under construction
at the date this Bylaw becomes effective, as required by the Act, and which does not or will not
comply with the requirements of this Bylaw;
"Non-Conforming Use" means a lawful specific use being made of land or a building or intended
to be made of a building lawfully under construction at the date this Bylaw becomes effective,
as required by the Act, and which does not or will not comply with the requirements of this
Bylaw;
"Parcel" 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;
"Parks and Playgrounds" means a use:
(a)
where open space is provided for the purposes of recreation;
(b)
that may include playground equipment, benches, landscaping and
related development.
"Permitted Use" means the use of land or of a building which is listed in the column captioned,
"Permitted Uses" in the lists of Permitted and Discretionary Uses appearing in this Bylaw and for
which, when it meets the applicable provisions of this Bylaw, a Development Permit shall be
issued;
"Personal Service Shops" means a facility for providing a service on a commercial basis to
individuals and includes, but is not limited to such uses as photography studios, dry cleaning
establishments and barber shops;
"Principal Building" means a building in which is conducted the main or principal use of the site
on which it is erected;
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"Principal Use" means the main purpose for which a building or lot is used;
"Private Club or Organization" means an athletic, social, recreational or service organization
which is privately owned and operated;
"Property Line" means a legal boundary of the lot;
"Public or Quasi-Public Building Facilities and Installations" includes a worship facility or any
building which is used by the public for the purpose of assembly, instruction, culture or
enlightenment or for a communal activity, but does not include a school, or place of public
entertainment for which an admission fee is customarily charged. In addition, it includes a
building as defined in the Municipal Government Act in which the proprietor of the public utility
maintains its office or offices and/or maintains or houses any equipment used in connection with
the public utility;
"Public Utility" means a system or works used to provide one or more of the following for public
consumption, benefit, convenience or use:
(a)
Water or steam;
(b)
Sewage disposal;
(c)
Public transportation operated by or on behalf of the municipality;
(d)
Irrigation;
(e)
Drainage;
(f)
Fuel;
(g)
Electric power;
(h)
Heat;
(i)
Waste management;
(j)
Telecommunications;
And includes the thing that is provided for public consumption, benefit, convenience
or use (MGA Part 17 Sec. 616 (v));
"Public Utility Building" means the building in which the proprietor of a public utility:
(a)
maintains its office or offices, or
(b)
maintains or houses any equipment used in connection
with the public utility;
"Renewable Energy System" means a use:
(a)
that produces electrical power to be used for the on-site consumption
requirements by alternative means such as but not limited to active and passive
solar collectors, photovoltaic solar panels, geothermal energy;
(b)
may be connected or disconnected from the electrical grid in
accordance with the requirements of the appropriate authority;
(c)
may provide residual power to the grid but is not intended to produce
power primarily for resale;
52
"Residential General District (RG)" means a district whose purpose and intent is to provide for a
variety of housing types in residential neighborhoods.
"Retail Store" means a building where goods, wares, merchandise, substances, articles or things
are stored, offered or kept for sale at retail and includes storage on or about the store premises
of limited quantities of such goods, wares, merchandise, substances, articles or things, sufficient
only to service such as a store. This definition does not include Cannabis Retail Sales;
"School, Public or Separate School" means a place of instruction operated with public funds
pursuant to the School Act of Alberta and any amendments;
"Screening" means a visual separation between sites, districts or land use activities provided by a
fence, wall, berm, landscaping;
"Seniors Lodge" means a building to provide an appropriate living environment for older adults
who do not need access to unscheduled personal or nursing care. Lodges are provided by
lodge foundations and provide housing, meals, housekeeping, linen/ laundry, recreational
programs and 24-hour safety and security services;
"Service Station" means a facility for the service and repair of motor vehicles and for the sale of
gasoline, lubricating oils and accessories for motor vehicles and which may provide a towing
service;
"Shopping Center" means a group of commercial establishments planned, developed, owned,
and managed as a unit with off-street parking provided on the site;
"Sign" means any word, letter, model, picture, symbol, device or representation used as, or
which is in the nature of, wholly or in part, an advertisement, announcement or direction. Any
structure, or portion thereof, which is used primarily to carry, hold, maintain, support or sustain a
sign is construed as being part of the sign, and except as hereinafter provided, is subject to all
regulations governing signs. Without restricting the generality of the foregoing, a sign includes
posters, notices, panels, boarding and banners;
(a)
"Area of Sign" means the total surface area within the outer periphery of
the said sign, and, in the case of a sign comprised of individual letters or
symbols, shall be calculated as the area of a rectangle enclosing the letters
or symbols. Frames and structural members not bearing advertising matter
shall not be included in computation of surface area;
(b)
"Billboard" means a structure, primarily self-supporting, which is used for the
display of general advertising, the subject matter of which is not necessarily
related to the use or ownership of the property on which the structure is
located.
(c)
"Fascia Sign" means a sign placed flat and parallel to the face of the
building so that no part projects more than one foot from the building;
53
(d)
"Free-Standing Sign" means a sign on a standard or column permanently
attached to the ground and which is not connected in any way to any
building or other structure;
(e)
"Projecting Sign" means a sign which is attached to a building or structure so
that part of the sign projects more than one foot from the face of the
building or structure;
(f)
"Roof Sign" means any sign placed on or over a roof.
"Site" means:
(a)
a quarter section; or
(b)
a river lot or settlement lot shown on an official plan referred to in Section 32
of the Surveys Act that is filed or lodged in the Land Titles Office; or
(c)
a part of a parcel where the boundaries of the part are separately
described in a certificate of title other than by reference to a legal
subdivision; or
(d)
a part of a parcel where the boundaries of the part are described in a
certificate of title by reference to a plan of subdivision;
"Small Wind Energy System" means a wind energy conversion system consisting of a wind
turbine, a tower, and associated control or conversion electronics, which has a rated capacity
in accordance with the Alberta Utilities Commission regulations, and which is intended to
primarily provide electrical power for the on-site consumption requirements, either on or off-grid,
and may provide residual power to the grid but is not intended to produce power specifically for
resale.
"Small Wind Energy System - Total System Height" means the height from ground level to the tip
of the rotor at its highest point.
"Small Wind Energy System - Tower Height" means the height above-grade of the fixed portion of
the wind turbine tower, excluding the wind turbine and rotor.
"Small Wind Energy System - Visual Impact" means the impact of a small turbine's visibility
beyond the property lines of the subject parcel. The visual impact shall take into consideration
the landscape setting, the points from which it would be viewed, and the perception of the
surrounding land owners whose views may be affected.
"Small Wind Energy System - Shadow Flicker" means the repetitive moving shadows or reflection
cast from the rotor blades as they pass through the sunlight. This effect is generally the greatest
at the winter solstice (December 21st) where the sun angle at noon is 15 degrees above the
horizon. The greatest effects will be to the north of the tower location. At the winter solstice the
shadow may cast up to 3.6 times the tower height.
"Storage Structure" means a structure that does not meet the definition of an accessory building
54
and is used for the storage of goods or equipment. A storage structure may be in the form of a
shipping container, trailer or other structure.
"Storage Yard" means a use:
a)
where goods, motor vehicles or equipment are stored when they are not
being used and may include long term storage where a fee is paid;
b)
where the vehicles and equipment stored may also be serviced, cleaned
or repaired;
c)
that may involve the storage of construction material such oil and gas
pipeline materials;
d)
that does not involve the storage of any derelict vehicles or derelict
equipment;
e)
that does not involve the production or sale of goods as part of the use;
and
f)
that may have a building for the administrative functions associated with
the use.
"Subdivision and Development Appeal Board" means a subdivision and development appeal
board appointed pursuant to Section 627 of the Municipal Government Act.
"Temporary" means a limited period of time as decided by the development authority;
"Temporary Use" means a proposed land use or development where the intent is to operate
the use or structure for a specified period of time, not to exceed one (1) year unless otherwise
approved by the development authority in consideration of a land use that is temporary but
has longer term requirements due to the specific use or project. Any temporary development
permit application will state a date on which the development will cease. Temporary Uses
shall be considered a discretionary use in all land use districts.
"Tradesman's Shop" means an establishment for the operation of a trade including but not
limited to a painter, electrician, upholsterer, printer and appliance repairman, but does not
include establishments which may be obnoxious by reason of emission of odours, dust, smoke
noise or vibration;
"Urban Reserve District UR" means a district whose purpose and intent is to reserve lands outside
of the developed area of the Village which is intended for future development.
"Veterinary Clinic" means a facility for the care of animals including ancillary outdoor pens, runs
and enclosures;
"Warehouse" means a building for the storage of goods and merchandise;
55
"Yard" means a part of a parcel upon or over which no main building is erected including:
"Front Yard" means a yard extending across the full width of a parcel from the front lot
line of the parcel to the front foundation of the principal building situated on the parcel.
In situations with an irregular front lot line, the point taken from an average distance of
the arc shall meet the minimum front yard requirements.
"Side Yard" means a yard extending from the front wall of the main building situated on a parcel
to the rear wall of the main building and lying between the side line of the parcel and the side
foundation of the main building;
"Rear Yard" means a yard extending across the full width of a parcel from the rear wall of the
main building situated on the parcel to the rear line of the parcel;
All other words and expressions have the meanings respectively assigned to them in the
Municipal Government Act R S.A. Ch. M.26 as amended.
56
6.0 GENERAL LAND USE
6.1
SUBDIVISION OF LAND
(1)
A development requiring subdivision of land shall not be issued a development
permit until such time as subdivision approval has been received from the
Subdivision Approving Authority or upon appeal, the Municipal Government Board
or the Subdivision and Development Appeal Board.
6.2
NON-CONFORMING BUILDINGS AND USES
(1)
A non-conforming use of land or a non-conforming use of a building may be
continued but if that use is discontinued for a period of six consecutive months or
more, any future use of the land or building shall conform with the provisions of the
Land Use Bylaw then in effect.
(2)
A non-conforming use of part of a building may be extended throughout the
building but the building, whether or not it is a non-conforming building, shall not
be enlarged or added to and no structural alterations shall be made thereto or
therein.
(3)
A non-conforming use of part of a lot shall not be extended or transferred in whole
or in part of any other part of the lot and no additional buildings shall be erected
upon the lot while the non-conforming use continues.
(4)
A non-conforming building may continue to be used but the building shall not be
enlarged, added to, rebuilt or structurally altered except:
(a)
as may be necessary to make it a conforming building, or
(b)
as the Development Officer considers necessary for the
routine maintenance of the building.
(5)
If a non-conforming building is damaged or destroyed to the extent of more than
75 percent of the value of the building above its foundation, the building shall not
be repaired or rebuilt except in accordance with this Land Use Bylaw.
(6)
The use of land or the use of a building is not affected by reason only of a change
of ownership, tenancy or occupancy of the land or building.
6.3
FENCING AND HEDGES
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(1)
In a residential district, a fence or hedge located within a rear or side yard of a lot,
shall not exceed 1.83 m (6 feet) in height.
(2)
In a residential district, a fence or hedge located within the front yard of a lot shall
not exceed 1.2 m (4 feet) in height.
(3)
In a residential district, a fence or hedge located within a corner lot shall not
exceed 1 m (3.2 feet) in height from the building facing the streets.
(4)
Swimming pools shall be fenced with a minimum height in consideration of
applicable Provincial health and safety requirements.
6.4
ACCESSORY BUILDING & USES
(1)
A structure which is attached to the principle building by a roof, a floor or a
foundation, is not an accessory building, it is to be considered part of the principal
building.
(2)
An accessory building shall not be used as a dwelling.
(3)
An accessory building or use shall be located at least 1 m (3.3 feet) from any
principal building.
(4)
The total combined floor area of an accessory building shall not exceed 15% of the
site area.
(5)
Side and rear yard requirements for an accessory building shall not be less than 1m
(3.3 ft.) except on corner lots where the distance between an accessory building
and the street flanking the lot shall not be less than the side yard requirement for
the principal building in that particular land use district.
(6)
No accessory building or use shall be located in the front yard of a residential
district.
58
(7)
The height of an accessory building shall not exceed 4.5 m (15 ft.).
(8)
Accessory Buildings - fabric Covered shall adhere to the regulations above and
the following specific requirements:
(a)
not to exceed 20.44 sq. m. (220 sq. ft.) in area;
(b)
shall be a minimum 3 metres (10 ft.) from flammable material (i.e. burning
barrels, fire pits or other open flame accessories) or vegetation;
(c)
All development permit application approvals shall be temporary with a
maximum time limit of one year. Extensions may be provided beyond one
year as a subsequent application dependent on condition of the
structure at the time of inspection and any complaint correspondence
received;
(d)
A building permit may be required (proper anchoring, etc.) and shall be
determined in accordance with the Safety Codes Act;
(e)
the development shall be kept in good condition to the satisfaction of the
development authority; and
(f)
shall not cause or create a nuisance by way of noise, vibration, etc. and
the privacy and enjoyment of adjacent properties shall be preserved and
the amenities of the neighborhood maintained.
6.5
OFF-STREET LOADING & UNLOADING FOR COMMERCIAL &
INDUSTRIAL DEVELOPMENT
59
Any new industrial and commercial development or a substantial expansion of an
existing development shall provide and maintain off-street loading and unloading
spaces according to the following requirements:
(1)
The space shall not be less than 2.5 m (8 feet) wide and shall provide no less than
3.6 m (12 feet) overhead clearance;
(2)
The space shall be hard surfaced if the access is from a street or lane which is hard
surfaced;
(3)
Access to the space shall be such that no backing and turning movements of
vehicles causes interference with traffic on the adjoining or abutting streets or
lanes;
(4)
Off-street loading and unloading spaces should be provided in accordance with
the following:
Use of Building or Site
Total Gross Floor Area
Spaces Required
(a)
Retail, industry
Less than 464.5 m2
1
warehousing or
(5,000 sq. ft.)
similar use
464.5 m2 (5,000 sq. ft.)
2
to 2322.5 m2 (25,000 sq. ft.)
Each additional 2322.5 m2
1
(25,000 sq. ft.) or fraction
additional
thereof
(b)
Office Building, Up to 2782 m2 (30,000 sq. ft.)
1
hospitals, public
school or similar
60
use
Each additional 2782 m2
1
(30,000 sq. ft.) or fraction
additional
thereof
(5)
The above standards can be modified at the discretion of the Development
Officer / Municipal Planning Commission.
6.6
PARKING
(1)
The number of off-street parking spaces for any development shall be according
to requirements set out for the land use district in which the space is located.
(2)
For a multiple use site, parking requirements shall be based on the calculation of
parking required for each individual use.
(3)
Parking spaces for multi-unit dwellings shall not be less than 14.8 m2 (160 sq. ft.) in
area and not be less than 2.4 m (8 ft.) wide.
(4)
Parking spaces for an apartment building shall not be located in the front yard.
(5)
A parking space shall be located on the same site as the building or the use in
respect of which it is required and shall be designated, located, and constructed
to the Village's standards so that:
a)
it is reasonably accessible to the vehicle intended to be
accommodated there.
b)
It can be properly maintained; and
c)
It is satisfactory to the Development Officer in size, shape, location
and construction
6.7
SITE DEVELOPMENT
The design, siting, external finish, architectural appearance and landscaping generally of
all buildings, including any accessory buildings or structures and signs and any
reconstruction shall be to the satisfactions of the Development Authority in order that
these shall be general conformity in such matters with adjacent buildings.
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6.8
HOME OCCUPATIONS
(1)
All development permits issued for home occupations shall be revocable at any
time by the Municipal Planning Commission, if in its opinion, the use is or has
become detrimental to the amenities of the neighborhood.
(2)
The Municipal Planning Commission may issue a temporary permit for a home
occupation.
(3)
Where the applicant for the home occupation is not the registered owner of the
dwelling unit proposed to be used for a home occupation, the applicant shall
provide to the Municipal Planning Commission written authorization from the
registered owner(s).
(4)
A development permit issued for a home occupation shall remain valid unless:
(a)
the applicant fails to purchase a valid business license as set out in the
Village's current business bylaw;
(b)
the Municipal Planning Commission revokes the development permit as set
out in subsection (1).
(5)
A home occupation shall not include any use or operation which will cause or
create a nuisance by way of dust, noise, smell, smoke or traffic generation.
6.9
UTILITIES
(1)
A development shall not be permitted if the development is not served by the
public sewer and water system or a provincially approved private system.
(2)
A development shall not be permitted until satisfactory arrangements have been
made by the developer for the supply of water, electric power, sewerage and
street access to the development including payments of costs of installing or
constructing any such utility or facility by the developer.
(3)
A development in a Commercial / Industrial District may be required to install a
trap drain system.
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6.10 DRAINAGE
(1)
At the discretion of the Development Authority, the applicant shall be required to
grade a parcel in such a manner that all surface water will drain from the building
site to the back lane and/or front street.
(2)
The Development Authority at its discretion may establish parcel and building
elevation as a development condition if it is felt that drainage will affect
neigbouring parcels.
(3)
The Development Authority at its discretion may require the applicant to submit a
storm drainage plan, indicating how drainage will be managed on the site.
(4)
The Development Authority at its discretion may require the applicant to install a
catch basin or similar drainage system on site if it is felt that drainage will otherwise
affect neighbouring parcels.
6.11 SIGNS
(1)
No signs or advertising structures of a commercial, direction or information nature
shall be erected on land or affixed to any exterior surface of any building or
structure unless an application for this purpose has been approved and a
development permit has been issued.
(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.
(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.
(4)
No signs or advertisement shall resemble or conflict with a traffic sign.
(5)
All signs, with the exception of temporary signs, allowed under a Temporary
Development Permit, shall be attached to a permanent foundation capable of
supporting the sign.
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(6)
All signs shall be designed and manufactured to a professional standard of
quality equivalent thereto.
(7)
All signs shall be kept in a safe, clean, tidy and legible condition and may, at the
discretion of the M.P.C., be required to be renovated or removed. Signs
advertising businesses no longer in operation shall be removed.
(8)
No signs or advertising structures other than those specified under subsection 7(9),
shall be permitted in a residential district.
(9)
No signs or advertising of any kind shall be permitted adjacent to a highway
unless the prior approval of Alberta Transportation & Utilities has been obtained.
(10)
The following separation distances between signs shall be applied:
(a)
9.14 m (30 ft.) adjacent to a municipal road;
(b)
99.06 m (325 ft.) adjacent to a primary highway or as required by
Alberta Transportation & Utilities.
(11)
Projecting signs may be permitted provided that:
(a)
a minimum height clearance of 2.74 m (9 ft.) be provided from any
sidewalk below;
(b)
the signs shall not project above the roof by more than 0.91 m (3 ft.);
(c)
the sign does not project within 0.61 m (2 ft.) of the curb;
(d)
the sign does not project more than 2 m ( 6.5 ft.) from the face of the
building;
(e)
the sign does not exceed 9.29 m2 (100 ft.2) in area.
(12)
Free standing signs (directional, advertising or identification) may be permitted
provided that:
(a)
the sign does not exceed 9.14 m (30 ft.) in overall height;
(b)
the maximum total sign area allowable is 13.94 m2 (150 ft2.);
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(c)
the sign shall be a minimum of 6.1 m (20 ft.) from a curb or 1.52 m (5
ft.) from the property line.
(13)
Roof signs shall not exceed 9.29 m2 (100 ft2.) and no portion of the sign shall
extend beyond the periphery of the roof on which it is located.
(14)
Fascia signs may be permitted provided that:
(a)
the total sign area does not exceed a ratio of 20% of the face
building to which the sign is attached;
(b)
it shall not project above the roof or marquee by more than .91 m
(3.0 ft.).
(15)
Solid awnings containing advertising shall be treated as projecting signs.
However, at the discretion of the Development Officer or Municipal Planning
Commission the minimum height clearance from the sidewalk may be relaxed.
(16)
Mobile signs may be permitted provided that:
(a)
Maximum sign area shall not exceed 10.03 m2 (108 sq.ft.);
(b)
Maximum height shall not exceed 2.44 m (8 ft.);
(c)
The sign is not located in the sight triangle formed on a corner site by
the two street property lines and a straight line which intersects them
5.02 m (16.5 ft.) from the corner where they meet;
(d)
The lighting of a mobile sign does not adversely affect residential sites
and/or traffic lights;
(e)
A valid development permit has been obtained for signs to be in
place for more than 7 consecutive days.
(17)
For any sign which will overhang a sidewalk or other village property, the owner
of the sign shall:
(a)
Indemnify and hold harmless the Municipality for any claim related to
the construction and maintenance of the sign;
(b)
Furnish a public liability insurance policy of such an amount
satisfactory to the Council naming the Municipality as co-insured.
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(18)
Small sign displayed for the discretion of convenience of the public, including
signs which identify rest rooms, freight, entrance, parking entrance or exit, or the
like, not exceeding 0.5 m2 (5 sq. ft.) in area.
6.12 RELOCATION OF BUILDINGS
(1)
Where a development permit has been granted for the relocation of a building on
the same site or from another site, the Municipal Planning Commission may require
the applicant to provide a Performance Bond or letter of credit in the amount of
the estimated cost of the on-site renovations and finishing required to ensure
completion of any renovations set out as a condition of approval of a permit. In
addition, the Municipal Planning Commission shall require the applicant to provide
proof of insurance during and after the relocation of the building.
(2)
In order to ensure proper clean up of a parcel, a Performance Bond or Letter of
Credit may be required where a development permit application for the removal
of a structure has been approved. The Performance Bond or Letter of Credit shall
be provided prior to the removal of the structure.
(3)
All renovations to a relocated building are to be completed within one (1) year of
the issuance of the Development Permit.
(4)
Application for a relocated building shall be accompanied by recent
photographs to the satisfaction of the Development Officer / Municipal Planning
Commission. Also, the views (in writing) of the adjacent registered property owners
within a minimum of 60 m (196.85 ft.) of a said parcel must be obtained
6.13 PROJECTION OVER YARDS
(1)
Front Yards:
(a)
Eaves, balconies, bay windows, shade projections, chimneys, un-enclosed
decks, may project a maximum of 0.6 m (2 ft.) over or onto a required front
yard;
(b)
Un-enclosed steps may project a maximum of 1.8 m (6 ft.) over or onto a
required front yard.
(2)
Side Yards:
(a)
Eaves, shade projections, chimneys, may project a distance not exceeding
one half of the minimum side yard requirement for the lot;
(b)
Un-enclosed steps and landings shall be at grade to a side entrance and
may project onto the entire required side yard. Un-enclosed steps and
landings above grade shall be at the discretion of the Municipal Planning
Commission;
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(c)
Residential buildings with a side entrance requiring a side yard relaxation
and/or having projections as described above shall maintain one side yard
with no relaxation or projection except for eaves.
(3)
Rear Yards:
(a)
Eaves, balconies, bay windows, shade projections, chimneys, un-enclosed
decks and steps may project a maximum of 1.5 m (4.9 ft.) over or onto a
required rear yard.
6.14 DAYTIME CHILD CARE SERVICES
(1)
The Municipal Planning Commission shall, in deciding whether to approve or refuse
a Daytime Child Care Service, consider among other matters, potential traffic
generation, proximity to park or other open or recreation areas, isolation of the
proposed site from other residential uses, buffering or other techniques designed to
limit any interference with other uses or the peaceful enjoyment of their properties
by nearby residents, and consistency in terms of intensity of use with other
development in the area.
(2)
The maximum number of children for which care may be provided in a Daytime
Child Care Service may be established by the Alberta Family Day Home Standards
Manual. According to the Alberta Family Day Home Standards Manual, Providers
may accommodate a maximum of six children 0-12 years old including the
provider's own children. A maximum of three children may be 36 months or
younger. A maximum of two children may be 24 months or younger. [Part 3,
Standard 6].
6.15 DWELLING UNITS ON A PARCEL
(1)
No person shall construct or locate or cause to construct more than one (1)
dwelling unit on a parcel or lot, unless:
(a)
the second or additional dwelling(s) is contained in a building designed for or
divided into two or more dwelling units;
(b)
the Municipal Planning Commission may issue a permit for a second dwelling
on a parcel, if it believes that the proposal would not:
i)
unduly interfere with the amenities of the neighbourhood;
ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring properties; and
iii)
the proposed development complies with the standards and provisions
of the Alberta Uniform Building Code.
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6.16 PHYSICAL ENVIRONMENT
(1)
The Development Authority may consider the environmental impact of any
proposed development. The Development Authority may refer the proposal to a
relevant provincial department for comments on the nature of the environmental
concern. Where a development is considered to have a significant environmental
impact, the Development Authority may request the developer to have an
environmental evaluation prepared and submitted by an appropriate professional,
or undertake its own environmental evaluation regarding the proposed
development. All costs associated with an environmental evaluation are the
responsibility of the developer.
6.17 GENERAL REQUIREMENTS FOR MANUFACTURED HOMES
(a)
Foundation: A permanent foundation shall be provided on the stand of
each manufactured home lot capable of supporting the maximum
anticipated load of the manufactured home at all seasons without
settlement or other movement.
(b)
Skirting: The undercarriage of each manufactured home shall be completely
screened from view by the foundation or by skirting within 30 days of
placement of the manufactured home.
(c)
Additions, Porches etc.: All accessory structures such as steps, patios,
porches, additions, skirting and storage facilities shall be factory pre-
fabricated units or of a quality equivalent thereto, so that design and
construction will complement the manufactured home. Additions to a
manufactured home shall have a foundation and skirting equivalent to
that of the manufactured home. All manufactured homes shall be
provided with steps and landings to all entrances within 30 days of their
placement.
(d)
Utilities: Each manufactured home shall be connected to and be serviced by
electrical power, natural gas, telephone, and the Village's sanitary sewer
and water supply.
(e)
Age: All manufactured home units shall have Canadian Standards
Association (CSA) Certificates. Manufactured Homes constructed more
than eight (8) years before the date of application for a development
permit shall not be allowed. The Municipal Planning Commission in the
performance of its duties in discretionary approval of Development
Permits may relax this condition where it is satisfied that the manufactured
Home meets the standards of manufactured Homes constructed within
the last (8) eight years.
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Manufactured Home Parks shall be evaluated according to the following
requirements:
(a)
Roadways
(i)
All roads in a manufactured home park shall be paved and
constructed to the Municipality's specifications;
(ii)
Internal pedestrian walkways shall have a minimum width of 1
m (3.3 ft.) and be surfaced to the satisfaction of the
Development Officer / Municipal Planning Commission.
(b) Parking
(i)
No on-street parking shall be permitted in manufactured home
parks;
(ii)
A minimum of one (1) car parking stall shall be provided for
each manufactured home;
(iii)
Visitor parking shall be one (1) off-street parking stall for every
three (3) manufactured homes. Visitor parking shall be
dispersed throughout the park and clearly identified.
(c) Appearance
(i)
A 6.1 m (20 ft.) buffer strip shall be provided around the
boundary of the park. This buffer shall be landscaped and
fenced;
(ii)
Each application shall be accompanied by a landscaping and
site development plan;
(iii)
All utility lines shall be placed underground in a manufactured
home park;
(iv)
A minimum of 5% of the gross site area of a manufactured
home park shall be reserved for recreational use.
(d) Permitted Signs
(i)
One park identification sign at each entrance to the park.
Maximum sign area is 3.0 m2 (32 sq.ft.) and maximum height of
sign is 1.8 m (6 ft.);
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(ii)
Directional signs within the park.
(e) Storage
(i)
A screened storage compound shall be provided for trucks,
campers, travel trailers, snowmobiles, boats, etc., at a location
and in a manner satisfactory to the Development Authority.
(f)
Future Subdivision
(i)
The Development Authority should give consideration to the
sizing of lots and internal streets in order that the future
subdivision of the manufactured home park to provide titled
lots is a viable option.
6.18 INDUSTRIAL AND COMMERCIAL DEVELOPMENT
(1)
An application for the establishment of industries shall be considered by the
Development Authority who may request advisory comment by the following
authorities whose interest or jurisdiction may be affected:
Palliser Regional Municipal Services
Alberta Business Development and Tourism
Alberta Infrastructure and Transportation
Alberta Agriculture
Alberta Environment
Alberta Energy and Utility Board
David Thompson Health Region
Fire Department
The Development Officer shall request that such comments be made in writing;
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(2)
Each application for industrial development shall be accompanied by the
following information as required by the Development Authority:
Location
Type of Industry
Size of Buildings
Estimated Number of Employees
Estimated Water Demand and anticipated source
Geotechnical evaluation
Environmental Site Assessment
Traffic Impact Assessment
Storm water Management Plan
Other information as may be reasonably required by the Development
Authority
6.19 STORAGE STRUCTURES
(a)
A storage structure shall meet the setback requirements for an accessory building
in the appropriate district;
(b)
A storage structure shall be screened from view as required by the Municipal
Planning Commission and/ or may require exterior finishing to be in general
conformance with the principal building or surrounding development;
(c)
A storage structure shall not be used as a sign;
(d)
A storage structure may be approved on a temporary basis during
construction within any land use district.
6.20 ANIMAL UNITS
(1)
The application of animal units may be applied as a condition of a development
permit;
(2)
All development permits issued for Animal Units shall be revocable at any time by
the Development Authority if, in its evaluation, the use is or has become
detrimental to the amenities of the neighborhood.
(3)
One animal unit is permitted for every 0.81 ha. (2.0 acres) of land contained
within a parcel. The maximum number of animal units permitted shall be
calculated in accordance with the total amount of acres fenced and dedicated
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to animal uses on the parcel and the total number shall not exceed 10 animal
units on any given parcel.
(4)
Animal types and the number of animals that equate to one animal unit shall be
established in accordance with the Agricultural Operations Practices Act Matters
Regulation Schedule 1.
6.21 BUILDING DEMOLITION
The demolition of a building shall require a development permit. Such a permit
application shall require a statement indicating:
(1) How the demolition will be carried out so as to minimize dust, noise, or other
nuisance
(2) How the parcel will be reclaimed.
6.22 COMMUNICATION STRUCTURES
(1)
Industry Canada is responsible for regulating radio communication in Canada
and for authorizing the location of radio communication facilities, including
communication towers and antenna's. In making its decision regarding the
communication structure and related facilities, Industry Canada considers the
following:
(a)
the input provided by the Approving Authority;
(b) compliance with Transport Canada's painting and lighting requirements for
aeronautical safety;
(c)
Health Canada's safety guidelines respecting limits of exposure to radio
frequency fields; and
(d)
an environmental impact assessment may be required in order to comply
with the Canadian Environmental Assessment Act.
(2)
The participation of the Village in the consultation process does not transfer any
Federal decision making authority, nor does it confer a right of veto in the
location of the communication structure.
(3)
Unless demonstrated to be impractical, transmission antennae shall be mounted
on existing structures (including buildings or towers) or within transportation and
utility corridors.
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(a)
The tower base shall be setback from abutting parcels and
roadways by a distance of 10 percent of the tower height or the
distance between the tower base and guy wire anchors,
whichever is greater.
(b)
Guy wire anchors shall be setback at least 28.0 m (91.9 ft) from the
property line.
(c)
Communication towers must have the least practical adverse
visual effect on the environment. This may be mitigated through
design features, landscaping and/or fencing.
(4)
Communication structures shall be located in a manner that minimizes the
impact on the natural environmental and residential communities while
recognizing the unique location requirement for sitting communication structures.
(5)
All equipment shelters must meet Village setback distances to roads and property
lines.
(6)
Appropriate access/ egress shall be provided to the satisfaction of the
development authority.
(7)
All applicants requesting a new telecommunication structure shall be required to
identify any other such structure within an 8.05 km (5 mi) radius of the proposed
site location. Each request shall also provide documentary evidence that co-
location of the existing structures within that 8.05 km (5 mi) radius is not a viable
alternative to a second structure.
(8)
Where Transport Canada requires that a telecommunication tower be lighted,
the following procedures shall be encouraged to minimize visual impacts:
(a)
the lighting of equipment structures and any other facilities on site
shall be shielded from adjacent properties where possible without
interfering with the requirements of Transport Canada;
(b)
all lighting shall be a minimum number of low intensity white lights;
and
(c)
the strobe interval shall be the maximum allowable by Transport
Canada, and the strobe lights shall only be used if absolutely
necessary.
(9)
The Village may adopt policies specific to Communication Structure placement
in accordance with best practices and guidance documents.
6.23 RENEWABLE ENERGY SYSTEM
(1)
Renewable energy systems such as, but not limited to, active and passive solar,
photovoltaic solar panels, heat exchange systems and generators are
encouraged as a method to reduce greenhouse gas emissions and to promote
sustainability objectives within the Village. Alternative Energy Systems shall require
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a development permit to ensure there are no nuisance effects that extend
beyond the site and shall have consideration for the following requirements:
(a)
Renewable Energy Systems that are part of or attached to the
principal building shall follow the requirements for that use (ie. Solar
panels on a roof); and
(b)
Renewable energy systems shall follow the minimum requirements
for accessory buildings and uses in the appropriate Land Use District
where separate and subordinate to the principal building or use of
the property; and
(c)
Renewable energy systems shall be considered a discretionary use
in all land use districts.
6.24 SMALL WIND ENERGY SYSTEMS
It is the purpose and intent to promote the safe, effective and efficient use of small wind
energy systems (SWES) to reduce the on-site consumption of utility-supplied electricity
while protecting public health and safety without significantly increasing the cost or
decreasing the efficiency of a SWES. An SWES may be appropriately located on larger
residential parcels, commercial/ industrial sites or for public facilities and shall be
considered an accessory structure and use in the land use districts where it is listed in
accordance with the following requirements:
(1)
Maximum Tower Height:
(a)
Parcel size - 0.2 ha. (0.5 acres) - 0.4 ha. (1.0 acre)
25 m (80 ft.)
(b)
Parcel size greater than 0.4 ha. (1.0 acre)
No maximum
Tower height shall be in accordance with the manufacturer requirements and shall
conform to the setback requirements below.
(2)
Setback Requirements:
(a)
Setbacks from property lines
The SWES tower base shall be no closer to the property line than the total
system height of the SWES, and no part of the tower structure, including
guy wire anchors, may extend closer than 3 m (10 ft.) to the property
boundaries of the installation site. The Development Authority may waive
the tower base setback requirements if the adjacent property owner
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grants an easement for the location of the SWES to be closer than these
requirements.
(b)
Setbacks from Structures
(i)
Dwellings/ public buildings:
The SWES tower base shall be no closer to a dwelling unit or public
building on adjacent properties than the total system height of the
SWES. This distance may be greater if it is determined that shadow
flicker is a factor on adjacent properties. (note: shadow may be
up to 3.6 times the distance of tower height in winter months)
(ii)
Accessory buildings or structures
No requirements
The Development Authority may waive the tower base setback requirements if
the affected adjacent property owner grants an easement registered on title for
the location of the SWES to be closer than these requirements.
(3)
Sound
It is not anticipated that sound levels from a professional quality SWES will
negatively impact adjacent property owners. The required setbacks in (2) above
are established for public safety and to eliminate any sound related conflict
beyond that of normal background noise to adjacent properties.
(5) Visual Impact
The nature of a SWES requires the installation of the turbine on a tall tower, 30 ft.+
above structures or trees to reach wind conditions and avoid turbulence. Visual
Impact concerns shall be considered where there is significant scenic or historical
value associated and where there is a clear public benefit.
(6)
Consultation Requirements
Applicants for a SWES shall be responsible for circulating the proposal prior to
application to neighbouring property owners using the established form. Any
comments received from the circulation shall be included with the application.
(7)
Decommissioning
If the active production of electricity from a SWES is discontinued for two years or
more the SWES shall be removed. Upon termination of the use, the entire facility
shall be removed and the site shall be restored to pre-construction condition.
6.25 CANNABIS RETAIL SALES
1)
Must comply with the provisions set out in the Provincial Gaming, Liquor, and
Cannabis Act.
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2)
A premises described in the Cannabis License may not have any part of an
exterior wall that is located within 200 metres of:
(a)
A building containing a school as defined in the Schools Act, or boundary of
a parcel of land on which a building is located.
(b)
A boundary of a parcel of land that is designated as a school reserve or
municipal and school reserve under the Municipal Government Act.
(c)
The separation distance between Cannabis Retail Sales use and a school or
school or municipal reserve, shall be measured from the closest point of the
exterior wall of the building in which the proposed Cannabis Retails Sales
use is located to the closest point of the exterior wall of the building in which
the other use is located. The separation distance shall not be measured
from district boundaries.
3)
Despite Section 25. (1) to (2), no separation is required between Cannabis Retail
Sales and a home education program.
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7.0 APPEALS
7.1
APPEAL PROCEDURE
(1)
An appeal may be made to the Subdivision and Development Appeal Board where
the Development Authority:
(a)
refuses or fails to issue a development permit to a person within 40 days
of receipt of the application;
(b)
issues a development permit subject to conditions;
(c)
issues an order under Section 14 of this Bylaw.
(2)
The person applying for a development permit or affected by the order, under
subsection (1), or any other person complying with the appeal requirements as set
out in the Act may appeal the decision or development permit of the Development
Authority to the Subdivision and Development Appeal Board.
(3)
An appeal shall by made by serving a written notice of appeal, stating the reasons
for the appeal, to the Secretary of the Subdivision and Development Appeal Board
within 21 days after the date of the order, decision or permit issued by the
Development Authority was either:
(a)
first published in a newspaper circulating in the area; or
(b)
posted on the site of the property which is the subject of the
application; or
(c)
received by the applicant, whichever of these occur first.
(4)
For the purpose of subsection 3(c), the date of receipt of the decision is deemed to
be five (5) days from the date the decision was mailed.
7.2
PUBLIC HEARING
(1)
Within 30 days of receipt of a notice of appeal, the Board shall hold a public hearing
respecting the appeal.
(2)
The Subdivision and Development Appeal Board shall give at least 5 days notice in
writing of the public hearing to:
(a)
the appellant or any person acting on his/her behalf;
(b)
The Development Officer / Chairman of the Municipal Planning Commission
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from whose order, decision or development permit the appeal is made;
(c)
those registered owners of land in the municipality who were notified under
subsection 10(3)(b) and any other person who in the opinion of the Subdivision
and Development Appeal Board, is affected by the order, decision or permit;
(d)
the Director/Senior Planner of Palliser Regional Municipal Services;
(e)
such other persons as the Subdivision and Development Appeal Board
specifies.
(3)
The Subdivision and Development Appeal Board shall make available for public
inspection before the commencement of the public hearing all relevant documents
and materials respecting the appeal, as they become available, subject to Section
217 of the Act, including:
(a)
the application for the development permit, its refusal and the appeal
therefrom; or
(b)
the order of the Development Authority under Section 14, as the case may be.
(4)
At the public hearing referred to in subsection (1), the Board shall hear:
(a)
the appellant or any person acting on his/her behalf;
(b)
the Development Officer / Chairman of the Municipal Planning Commission
from whose order, decision or development permit the appeal is made, or if a
person is designated to act on behalf of the Development Officer, that person;
(c)
any other person who was served with notice of the hearing and who wishes to
be heard or a person acting on his/her behalf; and
(d)
any other person who claims to be affected by the order, decision or permit
and that the Subdivision and Development Appeal Board agrees to hear or
person acting on his/her behalf.
7.3
DECISION
(1)
The Subdivision and Development Appeal Board shall give a written decision
together with reasons for the decision within 15 days of the conclusion of the hearing;
(2)
A decision made under this part of the Bylaw is final and binding on all parties and all
persons subject only to an appeal upon a question of jurisdiction or law pursuant to
Section 688 of the Municipal Government Act. An application for leave to appeal to
the Court of Appeal shall be made:
(a)
to a judge of the Court of Appeal; and
(b)
within 30 days after the issue of the order, decision, permit, or approval sought
to be appealed.
8.0 ENFORCEMENT
Where a person fails or refuses to comply with an order directed to them under Section 14(1), or
an order of the Subdivision and Development Appeal Board under Section 687(3)(c) of the Act
within the time specified, the Council or a person appointed by it may, in accordance with
Section 545 and 646 of the Act, enter upon the land or building and take such action as is
necessary to carry out the order.
Where the Council or a person appointed by it carries out an order, the Council shall cause the
costs and expenses incurred in carrying out the order to be placed on the tax roll as an
additional tax against the property concerned and that amount shall be collected in the same
manner as taxes on land.
A person who contravenes or fails to comply with a development permit or a condition
attached thereto is guilty of an offense and is liable on summary conviction to a fine.
8.1
MUNICIPAL INSPECTION AND RIGH OF ENTRY
(1) The development authority, subdivision authority, bylaw enforcement officer, or
such other designated person, is the "officer" for the purposes of the village of
veteran. Pursuant to section 542 of the municipal government act, an officer may
enter land or a building if:
(a) Reasonable notice has been given to the owner or occupier; or
(b) The entry is authorized by an order of the court of queen's bench; and
then only for the purpose of ensuring compliance with the municipal
government act and the regulations thereunder, or this bylaw.
8.2
STOP ORDER
(1) Where the development authority finds that a development or use of land or
buildings is not in accordance with:
(a) The municipal government act or the regulations; or
(b) A development permit or subdivision approval; or
(c) The land use bylaw; the development authority may, in accordance with
the act, 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 all or any of them to:
(i) Stop the development or use of the land or buildings in whole or in
part as directed by the notice; and/or (
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(ii) Demolish, remove or replace the development; and/or
(iii) 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 municipal government act, the regulations, a development
permit, subdivision approval or this bylaw, within the time frame
specified by the notice, as the case may be.
(2) Where a notice is issued under section 8.2, the notice shall state the following
and any other information considered necessary by the development authority:
(a) An explanation of the contravention, and a statement indicating under
which provisions of this bylaw or the act the order is being cared 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
Village pursuing action; and
(d) Advise the person of his/her right to appeal the notice to the subdivision
and development appeal board.
(3) Where a person fails or refuses to comply with an order directed to him/her
pursuant or an order of the subdivision and development appeal board within the
time specified, a person appointed by council may, in accordance with the act,
enter upon the land or building and take such action as is necessary to carry out
the order.
(4) Where the development authority carries out an order, the village shall, as part
of its process, ask the courts to allow it to cause the costs and expenses incurred in
carrying out he order to be placed on the tax roll as an additional tax against the
property concerned, and that amount shall be collected in the same manner as
taxes on land
(5) The village may register a caveat under the land titles act pursuant to the order
against the certificate of title that is subject to the order in accordance with
section 646(2) of the act.
80
8.3
OFFENCES & PENALITIES
Offence
Section
Minimum
Penalty
First
Offence
Minimum
Penalty
Subsequent
Offence
General Offences:
Contravention
of a Zoning
Bylaw
provision
23.1(1)
$250.00
$500.00
Development
without a
Development
Permit
23.1(2)
$250.00
$500.00
Development
in
contravention
of a
Development
Permit
23.1(3)
$250.00
$500.00
Failure to
Comply with a
Violation
Notice
23.1(4)
$250.00
$500.00
Continuing
development
after a
Development
Permit has
been
cancelled or
suspended.
23.1(5)
$250.00
$500.00
81
SCHEDULE A
For copies of the Land Use District Map please contact:
The Village of Youngstown Office:
(403) 779-3873
ytown@netago.ca
or
Palliser Regional Municipal Services
(403) 854-3371