Land Use Bylaw - Lac La Biche County

Transcription

LAC LABICHE COUNTY
LAND USE BYLAW
BYLAW NO. 12-024
LAC LA BICHE COUNTY
AUGUST 28,
LAND USE BYLAW
How to Use the Lac LaBiche County Land Use Bylaw
The following is intended for information purposes only and does not form part of the Lac La
Biche County Land Use Bylaw.
The Lac La Biche County Land Use Bylaw establishes regulations for the use of land and Buildings
in Lac La Biche County. Regulations differ depending on the location and type of Development
contemplated. Land Use District Maps provide direction for Development and use of land on
specific parcels throughout the County. The Land Use Bylaw also includes general regulations
which apply to some or all Development. It is important when reviewing the Land Use Bylaw to
consider both the general and specific regulations that may apply to your property.
The Land Use Bylaw reflects County regulation only - other bylaws, regulations, and Acts of the
County, province, and federal government must also be observed.
Where possible, the Land Use Bylaw attempts to outline these other requirements. This is not to
say that the Land Use Bylaw contains an exhaustive list; instead,it is up to each individual to
ensure that the laws of each level of government governing the use of land and Development are
observed.
When using the Land Use Bylaw, it is suggested that the user follow these steps:
(1)
Locate the subject property on the Land Use District Maps. Note the District title that
applies to the property.
(2)
Cross-check with the Table of Contents in the Land Use Bylaw to determine the location
of the specific Land Use District. The Land Use Districts are included in PARTS NINE
through FOURTEEN. Each Land Use District includes a list of Permitted and Discretionary
Uses, Subdivision and Development regulations and other specific regulations as
necessary. These regulations are used to determine the use of land and the types of
Development that can occur in each Land Use District.
(3)
Review the General Regulations included in PART SEVEN to determine if there are any
general regulations that may apply to the subject property or Development. General
regulations address issues such as parking, on-Site and off-Site servicing requirements,
etc.
(4)
Review the Special Land Use Provisions included in PART EIGHT to determine if there are
provisions that may apply to your Development. The Special Land Use Provisions address
issues such as Accessory Buildings, home businesses, and tourist accommodations.
(5)
Discuss your proposed Development with Lac La Biche County's Planning and
Development Department. The County's Planning and Development staff will be pleased
to explain the process and assist you with specific issues. They may also assist with
questions unrelated to your proposal such as the enforcement of County regulations.
LAC LA BICHE COUNTY
AUGUST 28,
LAND USE BYLAW
Page
How to Use the Lac La Biche County Land Use Bylaw continued.
If you require assistance with the regulations or processes contained in the Land Use Bylaw,
please call or visit Lac La Biche County's Planning and Development Department. The official
version of the Land Use Bylaw and amendments is located at the County's offices. This version of
the Land Use Bylaw should be consulted in all cases where an officially-certified version of the
Bylaw is required.
LAC LA BICHE COUNTY
AUGUST 28,
LAND USE BYLAW
Page
Schedule A
Land Use Bylaw
This is Schedule "A" of the Lac LaBiche County Land Use Bylaw (Bylaw No. 12-024).
LAC LA BICHE COUNTY
AUGUST 28,2012
LAND USE BYLAW NO.12-024
Page 1
TABLE OF CONTENTS
I
ADMINISTRATION .......................................................................................................1
SECTION 1
TITLE ................................................................................................1
SECTION 2
PURPOSE...........................................................................................1
SECTION 3
PREVIOUS BYLAWS............................................................................1
SECTION 4
EFFECT AND APPLICATION OF THIS BYLAW........................................1
SECTION 5
APPLICATIONS IN PROCESS ...............................................................2
SECTION 6
COMPLIANCE WITH OTHER LEGISLATION...........................................2
SECTION 7
UNITS OF MEASUREMENT ..................................................................2
SECTION 8
SEVERABILITY ...................................................................................2
II
INTERPRETATION.......................................................................................................3
SECTION 9
RULES OF INTERPRETATION ..............................................................3
SECTION 10
LAND USE DISTRICT BOUNDARIES .....................................................3
SECTION 11
DEFINITIONS ....................................................................................4
III
AUTHORITIES............................................................................................................ 30
SECTION 12
DEVELOPMENT AUTHORITY ............................................................... 30
SECTION 13
SUBDIVISION AUTHORITY ................................................................. 30
SECTION 14
MUNICIPAL PLANNING COMMISSION .................................................. 30
SECTION 15
DEVELOPMENT OFFICER .................................................................... 31
SECTION 16
SUBDIVISION AND DEVELOPMENT APPEAL BOARD ............................. .31
IV
PROCEDURES ............................................................................................................ 33
SECTION 17
CONTROL OF DEVELOPMENT ............................................................. 33
SECTION 18
WHERE A PERMIT IS NOT REQUIRED ................................................. 33
SECTION 19
NON-CONFORMING BUILDINGS AND USES.......................................... 36
SECTION 20
APPLICATION FOR DEVELOPMENT PERMIT ......................................... 37
SECTION 21
REFERRAL OF DEVELOPMENT PERMIT APPLICATIONS ......................... 39
SECTION 22
DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS ....................... 40
SECTION 23
DEVELOPMENT PERMIT CONDITIONS ................................................. 41
SECTION 24
NOTIFICATION OF DEVELOPMENT PERMITS ....................................... 42
SECTION 25
DEVELOPMENT PERMIT APPEAL PROCESS .......................................... 43
SECTION 26
VALIDITY OF DEVELOPMENT PERMITS ............................................... 45
SECTION 27
DEVELOPMENT PERMIT STANDSTILL PROVISION ................................ 47
SECTION 28
POWERS OF VARIANCE ...................................................................... 47
SECTION 29
APPLICATION FOR SUBDIVISION........................................................ 48
SECTION 30
DECISIONS ON SUBDIVISION APPLICATIONS...................................... 51
SECTION 31
SUBDIVISION APPLICATION APPEAL PROCESS.................................... 53
SECTION 32
COURT OF APPEAL............................................................................. 54
SECTION 33
SUBDIVISION APPLICATION STANDSTILL PROVISION ......................... 54
SECTION 34
DEVELOPMENT AGREEMENT .............................................................. 54
LAC LA BICHE COUNTY
AUGUST 28, 2012
LAND USE BYLAW NO. 12-024 - SCHEDULE A
Page i
SECTION 35
SECTION 36
PERFORMANCE BONDS AND SECURITIES........................................... 55
COMPLIANCE CERTIFICATES ............................................................. 55
V
AMENDMENT ............................................................................................................ 57
SECTION 37
PURPOSE.......................................................................................... 57
SECTION 38
APPLICATION TO AMEND THE LAND USE BYLAW ............................... 57
SECTION 39
REVIEW PROCESS............................................................................. 59
SECTION 40
NOTIFICATION OF PUBLIC HEARING ................................................. 59
SECTION 41
AMENDMENT REVIEW BY COUNCIL ................................................... 60
SECTION 42
LAND USE BYLAW AMENDMENT STANDSTILL PROVISION................... 60
VI
ENFORCEMENT ......................................................................................................... 61
SECTION 43
GENERAL REGULATIONS ................................................................... 61
SECTION 44
RIGHT OF ENTRY.............................................................................. 61
SECTION 45
WARNING NOTICE ............................................................................ 62
SECTION 46
OFFENCES AND FINES....................................................................... 62
SECTION 47
STOP ORDERS .................................................................................. 62
SECTION 48
APPEAL OF STOP ORDERS................................................................. 62
SECTION 49
ENFORCEMENT OF STOP ORDERS ..................................................... 63
VII
GENERAL REGULATIONS ........................................................................................... 64
SECTION 50
GENERAL PROVISIONS...................................................................... 64
SECTION 51
ACCESS, PARKING, AND LOADING ..................................................... 64
SECTION 52
BARE LAND CONDOMINIUMS ............................................................ 70
SECTION 53
COMMUNAL WATER AND SEWER SERVICING ..................................... 70
SECTION 54
CORNER AND DOUBLE FRONTING SITES ........................................... 70
SECTION 55
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN ................. 72
SECTION 56
DECKS.............................................................................................. 72
SECTION 57
DESIGN, CHARACTER, AND APPEARANCE OF BUILDINGS.................... 72
SECTION 58
DESIGNATED HAMLETS..................................................................... 73
SECTION 59
DEVELOPMENT ADJACENT TO RESIDENTIAL DISTRICTS..................... 74
SECTION 60
DEVELOPMENT IN THE VICINITY OF HIGHWAYS ................................ 74
SECTION 61
DEVELOPMENT NEAR WATER BODIES AND SLOPES............................ 74
SECTION 62
DIRECT CONTROL DISTRICTS ........................................................... 75
SECTION 63
ENERGY CONVERSION SYSTEMS ....................................................... 79
SECTION 64
EXISTING SUBSTANDARD LOTS......................................................... 82
SECTION 65
FENCES/WALLS/HEDGES ................................................................... 82
SECTION 66
FIRE PROTECTION............................................................................ 83
SECTION 67
GARBAGE COLLECTION AND OUTSIDE STORAGE ............................... 83
SECTION 68
HEIGHT............................................................................................ 84
SECTION 69
HISTORICAL AND ARCHAELOGICAL SITES ......................................... 85
SECTION 70
INTERMUNICIPAL DEVELOPMENT PLAN (IDP) AREA ........................... 85
SECTION 71
LANDSCAPING REQUIREMENTS ......................................................... 85
SECTION 72
LIGHTING......................................................................................... 88
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page ii
SECTION 73
SECTION 74
SECTION 75
SECTION 76
SECTION 77
SECTION 78
SECTION 79
SECTION 80
SECTION 81
MULTIPLE DWELLING DEVELOPMENTS .............................................. 89
PROHIBITED OR RESTRICTED GOODS AND ANIMALS ......................... 89
PROJECTION INTO YARDS ................................................................ 90
PROTECTION FROM EXPOSURE HAZARDS.......................................... 92
RELOCATION OF BUILDINGS ............................................................. 92
SERVICING REQUIREMENTS.............................................................. 93
SITE CONDITIONS ............................................................................ 93
STRIPPING, EXCAVATION, AND GRADING .......................................... 94
TEMPORARY DEVELOPMENT ............................................................. 95
VIII
SPECIAL LAND
SECTION 82
SECTION 83
SECTION 84
SECTION 85
SECTION 86
SECTION 87
SECTION 88
SECTION 89
SECTION 90
SECTION 91
SECTION 92
SECTION 93
SECTION 94
SECTION 95
SECTION 96
SECTION 97
SECTION 98
SECTION 99
SECTION 100
SECTION 101
SECTION 102
SECTION 103
SECTION 104
SECTION 105
USE PROVISIONS ............................................................................... 96
APPLICABILITY ................................................................................. 96
ACCESSORY BUILDINGS AND STRUCTURES ....................................... 96
AIRPORT VICINITY PROTECTION OVERLAY ....................................... 99
ANIMAL SERVICE FACILITIES .......................................................... 101
BED AND BREAKFAST AND GUEST RANCH ESTABLISHMENTS ........... 102
CAMPGROUNDS .............................................................................. 104
CHILD CARE FACILITIES AND FAMILY DAY HOMES........................... 105
CHURCHES AND OTHER RELIGIOUS ASSEMBLIES............................. 106
COMMUNICATION TOWERS............................................................. 107
DRIVE-IN BUSINESS ....................................................................... 107
DWELLING UNITS PERMITTED PER LOT........................................... 107
GARAGE AND GARDEN SUITES ........................................................ 110
GROUP HOMES ............................................................................... 112
HEAVY INDUSTRIAL (OUTSIDE OF HAMLET AREAS) ......................... 113
HOME BUSINESS ............................................................................ 113
INDUSTRIAL (WITHIN HAMLET AREAS) ........................................... 116
MOTELS ......................................................................................... 117
NATURAL RESOURCE EXTRACTION/PROCESSING FACILITY .............. 117
RESIDENTIAL SUBDIVISIONS .......................................................... 119
RURAL INDUSTRIAL USES ............................................................... 121
SERVICE STATIONS AND FUEL AND CHEMICAL SALES/STORAGE ...... 121
SIGNS ............................................................................................ 124
SURVEILLANCE SUITES ................................................................... 133
WORK CAMPS ................................................................................. 134
IX
LAND USE DISTRICTS ............................................................................................... 136
SECTION 106 ESTABLISHMENT OF DISTRICTS ........................................................ 136
SECTION 107 ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS ................... 137
X
RESOURCE DISTRICTS .............................................................................................. 140
SECTION 108 AGRICULTURAL DISTRICT (AG) ......................................................... 140
SECTION 109 CROWN LAND DISTRICT (CL) ............................................................ 143
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 3
XI
RESIDENTIAL DISTRICTS ........................................................................................ 145
SECTION 110 COUNTRY RESIDENTIAL DISTRICT (CR) .......................................... 145
SECTION 111 SERVICED ESTATE RESIDENTIAL DISTRICT 1 (ES1) ......................... 147
SECTION 112 SERVICED ESTATE RESIDENTIAL DISTRICT 2 (ES2) ......................... 149
SECTION 113 ON-SITE ESTATE RESIDENTIAL DISTRICT 1 (OE1) ........................... 151
SECTION 114 ON-SITE ESTATE RESIDENTIAL DISTRICT 2 (OE2) ........................... 153
SECTION 115 LOW DENSITY HAMLET RESIDENTIAL DISTRICT (LDR)..................... 155
SECTION 116 RESTRICTED RESIDENTIAL (LARGE LOT) DISTRICT (RR1) ................ 158
SECTION 117 MEDIUM DENSITY HAMLET RESIDENTIAL DISTRICT (MDR) .............. 160
SECTION 118 HIGH DENSITY HAMLET RESIDENTIAL DISTRICT (HDR) ................... 164
SECTION 119 MOBILE HOME COMMUNITY DISTRICT (MHD).................................. 167
SECTION 119A NARROR LOT SINGLE DETACHED DWELLING (NSD)
XII
COMMERCIAL AND RECREATIONAL DISTRICTS ........................................................ 171
SECTION 120 RESORT RECREATIONAL DISTRICT (RR) .......................................... 171
SECTION 121 HIGHWAY COMMERCIAL DISTRICT (HWC) ....................................... 174
SECTION 122 HAMLET COMMERCIAL DISTRICT (HC)............................................. 177
SECTION 123 CENTRAL COMMERCIAL DISTRICT (C1)............................................ 180
SECTION 124 ARTERIAL COMMERCIAL/SHOPPING CENTRE DISTRICT (C2) ............ 183
XIII
INDUSTRIAL DISTRICTS....................................................................................... 185
SECTION 125 RURAL INDUSTRIAL DISTRICT (RI).................................................. 185
SECTION 126 HAMLET INDUSTRIAL DISTRICT (HI) ............................................... 188
SECTION 127 SERVICED INDUSTRIAL DISTRICT (SI)............................................. 191
XIV
OTHER DISTRICTS.................................................................................................. 194
SECTION 128 PUBLIC/INSTITUTIONAL DISTRICT (PI) ........................................... 194
SECTION 129 NATURAL OPEN SPACE DISTRICT (NOS) .......................................... 196
SECTION 130 PARKS, RECREATION, AND OPEN SPACE DISTRICT (P) ..................... 197
SECTION 131 URBAN RESERVE DISTRICT (UR) ..................................................... 198
SECTION 132 AIRPORT DISTRICT (A) ................................................................... 201
SECTION 133 DIRECT CONTROL DISTRICT (DC1) ................................................. 203
SECTION 134 DIRECT CONTROL DISTRICT (DC2) ................................................. 205
SECTION 135 DIRECT CONTROL DISTRICT 3 (DC3)............................................... 208
SECTION 136 DIRECT CONTROL DISTRICT 4 (DC4)............................................... 212
XV
LAND USE DISTRICT MAPS...................................................................................... 215
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 4
LIST OF FIGURES
FIGURE 1: ILLUSTRATION OF PROPERTY LINES AND YARDS .................................................. 29
FIGURE 2: CORNER VISIBILITY TRIANGLE
.................................................................71
FIGURE 3: CORNER VISIBILITY TRIANGLE
.................................................................71
FIGURE 4: AIRPORT PROTECTION OVERLAY AREA ................................................................ 101
LIST OF TABLES
TABLE 1: PARKING AND LOADING REQUIREMENTS ...............................................................69
TABLE 2: MOTEL SITE REQUIREMENTS................................................................................ 117
TABLE 3: SUMMARY OF LAND USES BY LAND USE DISTRICT ................................................ 138
LIST OF SCHEDULES
SCHEDULE B: LAC LA BICHE COUNTY LAND USE DISTRICTING MAP INCLUDES THE HAMLET OF
HYLO, HAMLET OF VENICE, & HAMLET OF BEAVER LAKE………………………………………………………..
SCHEDULE C: HAMLET OF PLAMONDON LAND USE DISTRICTING MAP...……....................…………
SCHEDULE D: HAMLET OF LAC LA BICHE LAND USE DISTRICTING MAP……………………………………
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 5
I
ADMINISTRATION
SECTION 1
(1)
This Land Use Bylaw is entitled “Lac La Biche County Land Use Bylaw No. 12-024”.
SECTION 2
(1)
(a)
to divide the Municipality into Districts;
(b)
to prescribe and regulate for each District the purposes for which land and
Buildings may be used;
(c)
to allow for the establishment of direct control Districts;
(d)
to establish supplementary regulations governing specific land Uses;
(e)
to establish a process of issuing decisions on Development Permit applications;
(f)
to establish a process of issuing decisions on Subdivision applications;
(g)
to establish a process for appeal of Development and Subdivision decisions; and
(h)
to establish a process for making amendments to this Bylaw.
PREVIOUS BYLAWS
Lac La Biche County Land Use Bylaw 09-037 and amendments thereto are hereby repealed
SECTION 4
(1)
PURPOSE
The purpose of this Bylaw is to regulate and control the Use and Development of land
and Buildings within Lac La Biche County to achieve the orderly and economic
Development of land, and:
SECTION 3
(1)
TITLE
EFFECT AND APPLICATION OF THIS BYLAW
This Bylaw comes into effect upon the date of final reading by the Council of Lac La Biche
County.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 1
SECTION 5
APPLICATIONS IN PROCESS
(1)
An application for a Development Permit or Subdivision application which is received in its
complete and final form prior to the effective date of this Bylaw shall be processed, and
any permit issued or decision shall be in accordance with the Lac La Biche County Land
Use Bylaw (No. 09-037) and any amendments thereto.
(2)
No redistricting application to Lac La Biche County Land Use Bylaw (No. 09-037) shall
be accepted after this Bylaw comes into effect.
SECTION 6
(1)
Compliance with this Bylaw does not exempt any person undertaking a Development from
complying with all applicable municipal, provincial, and federal laws, and respecting any
easements, covenants, agreements, and other contracts affecting the land or
Development.
SECTION 7
(1)
UNITS OF MEASUREMENT
The standard measurement used in this Bylaw is metric and any reference to imperial
measurement is for convenience purposes only.
SECTION 8
(1)
COMPLIANCE WITH OTHER LEGISLATION
SEVERABILITY
If one or more provisions of this Bylaw are for any reason held to be invalid by a court of
competent jurisdiction, all remaining provisions are to remain in full force and effect.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 2
II
INTERPRETATION
SECTION 9
RULES OF INTERPRETATION
(1)
Where reference is made to other legislation or documents, the reference is to the
legislation or documents as amended.
(2)
The words “shall”, “must”, and “is” require mandatory compliance except in cases where
a variance has been granted pursuant to the Municipal Government Act, as amended.
(3)
Where a regulation involves two or more conditions, provisions or events connected by
the word “and” means that all the connected items shall apply in combination.
(4)
Where a regulation involves two or more conditions, provisions or events connected by
the word “or” means that the connected items may apply individually.
(5)
Words, phrases, and terms not defined in this section may be given their definition in the
Municipal Government Act or the Alberta Building Code, as amended. Other words shall
be given their customary meaning.
(6)
All Schedules attached hereto are deemed to be part of this Bylaw.
SECTION 10
LAND USE DISTRICT BOUNDARIES
(1)
Where a Land Use District boundary is shown on the Land Use District Maps as
approximately following a property line, it follows the property line.
(2)
Where a Land Use District boundary is shown on the Land Use District Maps as the Lac
La Biche County municipal boundary, it follows the Lac La Biche County Municipal
boundary.
(3)
approximately following a road, lane, railway, pipeline, power line, utility right of way, or
easement, it follows the centre line, unless otherwise clearly indicated on the Land Use
District Maps.
(4)
approximately following the edge, shoreline, or high water mark of a river, lake, or other
water body, or a topographic contour line or a top of bank line, it follows that line. In the
event of a natural change to these features, it moves with the edge of the shoreline.
(5)
In circumstances not defined above, the Land Use District boundary shall be determined
by a Development Officer measuring the boundary from some known location on the
Land Use District Maps.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 3
SECTION 10
LAND USE DISTRICT BOUNDARIES continued
(6)
Where the application of the above methods does not determine the exact location of the
boundary of a District, the Council either through a motion or upon written application
being made to it by any person requesting the determination of the exact location of the
boundary shall fix the portion of the District boundary in doubt or dispute in a manner
consistent with the provisions of this Bylaw.
(7)
After the Council has fixed a District boundary pursuant to the provisions of subsection
(6) above, the portion of the boundary so fixed shall not be thereafter altered except by
an amendment to this Bylaw.
(8)
The Development Authority shall maintain a list of Council’s decisions with respect to
boundaries or portions thereof fixed by Council.
(9)
When any road or lane is closed, it has the same Districting as the abutting land. When
different Districts govern abutting lands, the centre of the road or lane is the Land Use
District boundary unless the Land Use District boundary is shown clearly following the
edge of the road or lane. If the road or lane is consolidated with an adjoining Lot, that
Lot’s District designation applies to affected portions of the closed road or lane.
SECTION 11
DEFINITIONS
(1)
Words used in the present tense include the other tenses and derivative forms.
(2)
Words used in the singular include the plural and vice versa.
(3)
Words have the same meaning whether they are capitalized or not.
(4)
Individual Uses are grouped into definitions with common functional or physical effects or
characteristics. These Uses define the range of Uses that are Permitted, Discretionary, or
prohibited, with or without conditions, within various Districts of this Bylaw.
(5)
Examples listed in a land Use definition are not intended to be exclusive or restrictive.
(6)
Where a specific Use applied for does not conform to the wording of any Use or generally
conforms to the wording of two or more Uses, the Use conforms to and is included in
that Use which, at the discretion of a Development Officer, is most appropriate in
character and purpose.
(7)
The following words, terms and phrases included in this Bylaw shall have the following
meaning assigned to them as follows:
In this Bylaw, unless the context requires otherwise:
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 4
SECTION 11
continued.
ABATTOIR means the Use of land or Building in which animals are slaughtered and may include
the packing, treating, storing and sale of the product.
ACCESSORY BUILDING OR USE means a Building or Use which is subordinate to, exclusively
devoted to, and located on the same Site as the Principal Building or Use. Where a Structure is
attached to a Principal Building on a Site by a roof, an open or enclosed Structure, a floor or
foundation, or any Structure below Grade allowing access between the Building and the
Structure, it is considered part of the Principal Building.
ACT means the Municipal Government Act, Chapter M-26, RSA 2000 and any amendments
thereto.
ADJACENT refers to those lands that are next to the parcel of land that is subject to a
Development Permit or Subdivision application and includes lands that would be next to the
subject parcel if not for a river, stream, railway, road, utility right-of-way, or reserve land.
AGRICULTURAL SERVICE FACILITY means a Use which provides non-industrial,
agriculturally-oriented services to the rural community. This shall include the retailing, servicing
and/or repairing of agricultural implements and goods such as farm machinery dealers, grain
elevators, and fertilizer sales.
AGRICULTURE, EXTENSIVE means those agricultural operations producing crops or Livestock
which require large tracts of land.
AGRICULTURE, INTENSIVE means an agricultural activity conducted on agricultural land for
gain or reward or in the hope or expectation of gain or reward, which, due to the nature of the
operation, requires a relatively small tract of land. This includes Confined Feeding Operations, the
raising of fur-bearing animals, pheasants, or fish, the production of fruit, vegetables, trees,
shrubs, and other specialty horticultural crops, the production of eggs, and the production of
honey.
AIRCRAFT SALE/RENTAL means Development used for the sale, charter, or rental of aircraft
together with incidental maintenance services, and the sale of parts and accessories.
AIRPORT means
(a)
any area of land or water, including the frozen surfaces thereof, or other
supporting surface used or intended to be used either in whole or in part for the
arrival and departure or servicing of aircraft or helicopters; and
(b)
includes any Building, installation, or equipment in connection therewith,
operated by the Department of National Defense or for which an airport license
has been issued by Transport Canada.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 5
SECTION 11
continued.
AIRSTRIP means an area of land or water designed to accommodate the arrival or departure of
aircraft for which an airport license has not been issued by Transport Canada.
AMENITY AREA means space provided for the active or passive recreation and enjoyment of
the occupants of a residential Development, which may be for private or communal Use and
owned individually or in common, subject to the regulations of this Bylaw.
AMUSEMENT ESTABLISHMENT, INDOOR means a Development within any Building, room,
or area for entertainment activities where patrons are primarily participants. This shall include
such activities such as bingo, electronic games, and gambling, but does not include indoor
recreation facilities.
AMUSEMENT ESTABLISHMENT, OUTDOOR means a Development providing facilities for
entertainment and amusement activities which primarily take place outdoors, where patrons are
primarily participants. Typical uses include amusement parks, carnivals, go-cart tracks, miniature
golf, and motor-cross establishments.
ANIMAL SERVICE FACILITY means Development for the purposes of boarding, breeding, or
training of animals, and includes retail sales of associated products. This may include such uses
as boarding and breeding kennels, impounding and quarantining facilities, and animal shelters.
APARTMENT HOUSING means Development consisting of three (3) or more Dwellings contained
within a Building in which the Dwellings are arranged in any horizontal or vertical configuration,
which does not conform to the definition of any other Residential Use Class. Individual ground
floor Dwelling Units in an Apartment Housing development may be permitted to have direct access
to an adjacent sidewalk.
AUCTIONEERING ESTABLISHMENT means Development intended for the auctioning of
Livestock, goods and equipment, including the temporary storage of such Livestock, goods and
equipment, but does not include garage sales, flea markets, or sale of items of such items on an
irregular basis.
AUTOMOTIVE AND EQUIPMENT SALES, REPAIR, RENTAL, AND STORAGE means the sale,
servicing, mechanical repair and storage of automobiles, light trucks, utility and recreational
vehicles, motorcycles, snowmobiles, and similar vehicles and the sale, installation, servicing,
rental, or storage of related accessories and parts. This includes automobile dealerships,
recreational vehicle dealerships, rental agencies, motorcycle dealerships, transmission shops,
muffler shops, tire shops, body shops, and automotive glass and upholstery shops.
AWNING OR CANOPY means a projection outward from the face of a Building, primarily
designed to provide protection from climatic elements.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 6
SECTION 11
continued.
BARE LAND CONDOMINIUM means a condominium development containing Bare Land
Condominium Units, created specifically through subdivision and registered as a condominium
plan in accordance with the Condominium Property Act, C-22, RSA 2000, as amended.
BARE LAND CONDOMINIUM UNIT means a bare land unit as defined in the Condominium
Property Act, C-22, RSA 2000, as amended, that is land that is situated within a parcel and
described as a unit in a condominium plan.
BED AND BREAKFAST ESTABLISHMENT means a secondary commercial Use of a Single
Detached Dwelling, whereby temporary accommodation with or without meals is provided for
remuneration to members of the public. Bed and Breakfast Establishment is not allowed in a
boarding house, Mobile Home, or Proximate Care Dwelling. Within the Hamlet of Lac La Biche,
accommodation may be provided in a maximum of two (2) bedrooms.
BOARDING HOUSE means a Building, with or without a Dwelling Unit, where temporary
sleeping accommodations of three (3) or more bedrooms, with or without meals, are provided for
remuneration to members of the public.
BUILDING includes anything constructed or placed on, in, over, or under land including
supporting Structures of any type, but does not include a highway or Public Roadway or a bridge
forming part of a highway or Public Roadway.
BUILDING SEPARATION means the minimum distance between two abutting Buildings
measured from the final finish of exterior walls.
BUSINESS FRONTAGE means:
(a)
any side of a Lot or Building which abuts a road or highway; or
(b)
in the case of individual businesses or tenants within a Building, any business
which has separate access to a road or highway.
BYLAW means the Lac La Biche County Land Use Bylaw No. 12-024.
CAMPGROUND means any parcel of land or part thereof which charges or collects fees for the
locating of tents, holiday trailers, or recreation vehicles for temporary Use by individuals, and
shall include facilities and amenities subordinate to the operation of the campground.
CAMPSITE means a specified area or site within a campground or other recreational area
intended for occupancy by tents, tent trailers, holiday trailers, campers, motor homes, or other
similar recreation vehicles on a limited, short-term basis. This does not include sites or parcels for
manufactured homes, cabins, motels, hotels, or boarding houses.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 7
SECTION 11
continued.
CEMETERY means Development of a parcel of land primarily as landscaped open space for the
entombment of the deceased, and may include accessory Developments such as crematories and
mausoleums. Typical Uses include memorial parks, burial grounds, and gardens of remembrance.
CHILD CARE FACILITY means a Development licensed by the Province that is intended to
provide personal care, educational services, or supervision, without overnight accommodation, for
seven (7) or more children at one time for more than three (3) but less than twenty-four (24)
consecutive hours in a day. This definition includes daycare centres, drop-in centres, nursery
schools, playschools, and out of school care for the provision of care before and after school
hours and during school holidays for both pre-school and school age children, but excludes family
day homes.
COMMERCIAL VEHICLE INSPECTION means a formal or official examination for checking and or
testing of any commercial vehicle. This could include, but not limited to, break systems, air systems,
steering components, lights, and structural for the purpose of maintaining safe operations in accordance
with Alberta Ministry of Transportation Standards of the Vehicle Equipment Regulations (AR 322/2002)
and Traffic Safety Act, as amended.
(Amendment Bylaw 12-044-January 08, 2013)
COMMUNICATION TOWER means a Structure intended for the transmission or reception of
communications.
COMMUNITY FACILITY means an indoor or outdoor recreation facility intended to serve the
community at large. Typical Uses include club houses, community centres, gymnasiums, hockey
rinks, museums, swimming pools, theatres, or tourist information/interpretive centres.
COMPLIANCE CERTIFICATE means a document which states that the building locations on a
parcel, as shown on a Real Property Report prepared by a registered Alberta Land Surveyor,
comply or do not comply with the setback requirements specified in this Bylaw.
CONFINED FEEDING OPERATION means fenced or enclosed land or Buildings where
Livestock are confined for the purposes of growing, sustaining, finishing, or breeding by means
other than grazing and any other Building or Structure directly related to that purpose, but does
not include residences, Livestock seasonal feeding or bedding Sites, equestrian stables, auction
markets, racetracks, or exhibition grounds.
CORNER SITE means a Site located at the intersection of two public roadways, other than lanes,
or a site located abutting a public roadway, other than a lane, which substantially changes
direction at any point where it abuts the Site.
COUNCIL means the Municipal Council of Lac La Biche County.
COUNTY means Lac La Biche County.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 8
SECTION 11
continued.
DEVELOPMENT means:
(a)
an excavation or stockpile and the creation of either of them;
(b)
a Building or an addition to or replacement or repair of a Building and the
construction or placing of any of them in, on, over, or under land;
(c)
a change of Use of land or a Building or an act done in relation to land or a
Building that results in or is likely to result in a change in the Use of the land or
Building;
(d)
a change in intensity of Use of land or a Building that results in or is likely to
result in a change in the intensity of Use of the land or Building; or
(e)
the demolition of a Building.
DEVELOPMENT AUTHORITY means a Development Officer of Lac La Biche County, the
Manager of Planning and Development, the Municipal Planning Commission, or the Subdivision
and Development Appeal Board of Lac La Biche County, as the case may be.
DEVELOPMENT OFFICER means the person(s) designated by the Chief Administrative Officer
or his or her designee to serve as Development Officer for Lac La Biche County.
DEVELOPMENT PERMIT means a document authorizing the commencement of a Development
pursuant to the provisions of this Bylaw.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 9
SECTION 11
continued.
DOMESTIC PET means those animals or birds, excepting Livestock, which are kept indoors.
DOUBLE-FRONTING SITE means a Site which abuts two public roadways, not including Lanes
as defined in the Highway Traffic Act, as amended, which are parallel or nearly parallel in the
vicinity of the Site.
DRIVE-IN BUSINESS means an establishment which services customers travelling in motor
vehicles driven onto the Site where such business is carried out, where the customer normally
remains in the vehicle. This does not include Service Stations or Gas Bars.
DWELLING means a self-contained living quarter including sleeping, cooking, eating, and
sanitary facilities for the domestic use of one or more persons.
DWELLING, DUPLEX means a Dwelling containing two (2) Dwelling Units which share a
common wall, and which are located either side by side or above the other, and which have a
separate access to each Dwelling Unit. It is also known as a semi-detached dwelling.
DWELLING, FOURPLEX means a Building containing four (4) Dwelling Units arranged such that
each of the units is located both beside another unit, sharing a common wall (as in a Duplex), or
either above or below another unit, and which have a separate access to each Dwelling Unit.
DWELLING, PROXIMATE CARE means a Dwelling used to accommodate persons who provide
personal care to or require personal care from those residents, provided that:
(a)
such personal care is necessary due to elderly age, physical disability, and/or
mental handicap; and
(b)
the need for such personal care is verified by the Development Authority.
DWELLING, ROW HOUSING means Development consisting of a Building containing a row of
three (3) or more Dwellings joined in whole or in part at the side only with no Dwelling being
placed over another in whole or in part. Each Dwelling shall be separated from the one adjoining,
where they are adjoining, by a vertical Party Wall which is insulated against sound transmission.
Adjoining rooms may or may not be Habitable Rooms. Each Dwelling shall have separate,
individual, and direct access to Grade. For the purposes of this Bylaw, garden linked and
townhouse units are considered to be Row Housing Dwellings.
DWELLING, SINGLE DETACHED means a residential Building containing one (1) Dwelling Unit
and is intended as a permanent residence. A Single Detached Dwelling may include a Building that
has been constructed off-site (Modular Home). All Single Detached Dwellings constructed outside
the Province of Alberta must meet the standards of the Alberta Safety Codes Act, as amended.
Single Detached Dwellings do not include Mobile Homes.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 10
SECTION 11
continued.
DWELLING, STACKED ROW HOUSING means Development consisting of Row Housing, except
that Dwellings may be arranged two (2) deep vertically so that Dwellings may be placed over
each other. Each Dwelling shall have separate and individual access, not necessarily directly, to
Grade, provided that no more than two (2) Dwellings may share access to Grade.
DWELLING UNIT means a complete Building or self-contained portion of a Building used by a
household, containing sleeping, cooking and sanitary facilities intended as a permanent residence
and having an independent entrance either directly from the outside of the Building or through a
common area inside the Building.
EATING AND DRINKING FACILITY means Development where prepared food and beverages
are offered for sale to the public, for consumption within the premises or off the Site.
ENTERTAINMENT ESTABLISHMENT means Development providing facilities within an
enclosed Building specifically intended for live performances or the showing of motion pictures.
EXHIBITION FACILITIES means a Development which is owned and managed by a public
authority or non-profit agency and provides permanent facilities for product and trade fairs,
circuses, and other exhibitions. Typical Uses include exhibition grounds.
EXTERNAL ROAD means any Public Road which is not an Internal Road or provincial highway.
FAMILY DAY HOME means a Development in a private residence which provides personal care,
maintenance, supervision, or education, without overnight accommodation for less than four (4)
children, under ten (10) years of age, at one time for more than three (3) but less than twentyfour (24) consecutive hours in a day.
FARMING AND CULTIVATION OF LAND means an agricultural activity conducted on a parcel
for gain or reward or in the hope or expectation of gain or reward, which due to the nature of the
operation, requires a relatively small tract of land. This includes the production of fruit,
vegetables, trees, shrubs, and other specialty horticultural crops, the production of eggs, and the
production of honey. This does not include Confined Feeding Operations, or the raising of furbearing animals, pheasants, or fish.
FLEA MARKET means Development used for the sale of new or used goods by multiple vendors
renting tables or space in an enclosed Building. Vendors may vary from day to day, although the
general layout of space to be rented remains the same. The goods sold are generally household
items, tools, electronic equipment, food products or concessions, plants, clothing, and furniture.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 11
SECTION 11
continued.
FLEET SERVICES means development using a fleet of vehicles for the delivery of people, goods
or services, where such vehicles are not available for sale or long term lease. This Use Class
includes ambulance services, taxi services, bus lines, messenger, and courier services. This Use
Class does not include moving or cartage firms involving trucks with a gross vehicle weight of
more than 3,000 kg.
FLOOR AREA means the total Floor Area of the Building or Structure, contained within the
outside surface of the exterior and basement walls, provided that in the case of a wall containing
windows, the glazing line of windows may be used. All basement suites and all Dwelling Units in
Apartment Housing Developments shall be included in the calculation of Floor Area.
FLOOR AREA RATIO (FAR) means the numerical value of the Floor Area of a Building or
Structure relative to the Site upon which it is located, excluding: (a) basement areas used
exclusively for storage or service to the building; (b) parking areas below Grade; (c) walkways
required by the Development Officer; and (d) Floor Areas devoted exclusively to mechanical or
electrical equipment servicing the development, divided by the area of the Site.
FLOOD PLAIN means the area of land Adjacent to a water body that is potentially at risk of
flooding from time to time.
FRAGMENTED PARCEL means a parcel that is separated from the balance of a quarter section
by a natural barrier such as a permanent watercourse or water body, or by a physical barrier
such as a roadway, highway, or railway.
FUEL AND CHEMICAL SALES/STORAGE means a Development where refined or crude oil or
liquid or solid chemicals are for sale and storage, the sale of lubricants and other automotive
fluids or motor vehicle accessories and the sales and storage of chemicals.
FUNERAL, CREMATION, AND INTERMENT SERVICES means Development used for the
preparation of the dead for burial, the purification and reduction of the human body by heat and
the keeping of bodies other than in a cemetery and the holding of associated services. Typical
Uses include Funeral Homes, Crematoriums, Mausoleums, Cinerariums, and Columbariums.
GARAGE SUITE means an Accessory Dwelling located above a detached garage (above Grade),
or a single-Storey Accessory Dwelling attached to the side or rear of a detached garage (at
Grade). A Garage Suite is Accessory to a Building in which the Principal Use is a Single Detached
Dwelling. A Garage Suite has cooking, food preparation, sleeping, and sanitary facilities which are
separate from those of the Principal Dwelling located on the Site. A Garage Suite has a separate
entrance from the vehicle entrance to the detached garage, either from a common indoor
landing, or directly from the exterior of the Structure. This Use Class does not include Secondary
Suites or Garden Suites.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 12
SECTION 11
continued.
GARDEN SUITE means a single-Storey Accessory Dwelling, which is located in a building on a
Site that is separate from a Building in which the Principal Use is a Single Detached Dwelling. A
Garden Suite has cooking, food preparation, sleeping, and sanitary facilities which are separate
from those of the Principal Dwelling located on the site. This Use Class does not include
Secondary Suites or Garage Suites.
GENERAL CONTRACTOR SERVICES means Development used for the provision of Building
construction, Landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving,
road construction, sewer, or similar services of a construction nature which require on-Site
storage space for materials, construction equipment, or vehicles normally associated with the
contractor service. Any sales, display, office, or technical support service areas shall be Accessory
to the principal General Contractor Services Use only. This Use Class does not include
Professional, Financial, and Office Support Services.
GEOTECHNICAL REPORT means a document signed and stamped by a professional engineer
certified in the province of Alberta that characterizes Site soil and groundwater conditions through
field investigation and laboratory testing, and provides design and construction recommendations
for proposed Development.
GRADE means a geodetic elevation from which the Height of a Structure is measured, calculated
in accordance with SECTION 68.
GRADING means to level or smooth to a desired horizontal gradient.
GRANULAR TRAIL means an unpaved path surfaced by organic material or crushed rock.
GREENHOUSE/PLANT NURSERY means commercial Development for the growing,
acclimating, propagating, harvesting, displaying, and selling of fruits, vegetables, bedding,
household, and ornamental plants and may include Accessory Uses related to the storing,
displaying, and selling of gardening, nursery, and related products.
GROUP HOME means a facility which is recognized, authorized, licensed or certified by a public
authority as a social care facility intended to provide room and board for foster children or
disabled persons, or for persons with physical, mental, social, or behavioral problems, and which
may be for the personal rehabilitation of its residents either through self-help or professional
care, guidance, and supervision.
GUEST RANCH means Development of an Owner-occupied ranch house which includes sleeping
facilities which are rented on a daily basis to registered guests and meals are prepared in a
residential kitchen.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 13
SECTION 11
continued.
HAMLET means an unincorporated community designated as a Hamlet by Council pursuant to
the Municipal Government Act, as amended, and includes Beaver Lake, Hylo, Lac La Biche,
Plamondon, and Venice.
HEALTH SERVICES means Development used for the provision of physical and mental health
services on an out-patient basis. Services may be of a preventative, diagnostic, treatment,
therapeutic, rehabilitative, or counseling nature. Typical Uses include medical and dental offices,
health clinics, and counseling services.
HEIGHT means when used with reference to a Building or Structure, the vertical distance
between the horizontal plane through Grade and a horizontal plane through:
(a)
the highest point of the roof in the case of a Building with a flat roof or a roof
having a slope of less than 20 degrees; and
(b)
the average level between eaves and ridges in the case of a pitched, gambrel,
mansard, or hipped roof, or a roof having a slope of more than 20 degrees;
provided that in such cases the ridge line of the roof shall not extend more than
1.5 m (4.9 ft) above the maximum permitted Building Height of the District, or in
the case of a Garage Suite or Garden Suite, the maximum permitted Building
Height in accordance with SECTION 93 of this Bylaw.
HOME BUSINESS, MAJOR means the secondary Use of a principal Dwelling, its Accessory
Buildings and Site, or combination thereof, by at least one (1) permanent resident of the
Dwelling, to conduct a business activity or occupation, not including agriculture. A major home
business is defined by the following characteristics:
(a)
a major home business may utilize Accessory Buildings, while still maintaining the
residential Use as the primary Use on the Site;
(b)
within the Hamlet of Lac La Biche, the home business may employ up to one (1)
person who does not live on the Site or within the primary residence;
(c)
outside the Hamlet of Lac La Biche, the home business may employ up to three
(3) persons who do not live on the Site or within the primary residence;
(d)
the home business may not generate pedestrian or vehicular traffic or parking
uncharacteristic to the surrounding area;
(e)
all required parking must be on-Site;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 14
SECTION 11
continued.
(f)
articles offered for sale shall be limited to within the Dwelling or Accessory
Buildings on the Site;
(g)
within the Hamlet of Lac La Biche, outdoor business activity or the outside
storage of materials, goods, or equipment on the Site related to the home
business is not permitted;
(h)
outside the Hamlet of Lac La Biche, outside storage of materials, goods, or
equipment on the Site shall be directly related to the home business and, at the
discretion of the Development Authority, may be required to be screened or
fenced;
(i)
a Major Home Business may display a maximum of one (1) advertising sign on
the Dwelling, to the satisfaction of the Development Authority; and
(j)
the major home occupation shall not be allowed if, in the opinion of the
Development Authority, such Use would be more appropriately located in a
Commercial or Industrial District having regard for the overall compatibility of the
Use with the residential character of the area.
HOME BUSINESS, MINOR means the secondary Use of a principal Dwelling by at least one (1)
permanent resident of the Dwelling, to conduct a business activity or occupation, not including
agriculture. A Minor Home Business is defined by the following:
(a)
the home business shall be operated as a secondary Use only, and shall not
change the principal character or external appearance of the Dwelling in which it
is located;
(b)
the home business shall not employ any person who lives outside of the home;
(c)
within the Hamlet of Lac La Biche, the home business shall not generate any
client traffic to the Dwelling;
(d)
within the Hamlet of Lac La Biche, the home business shall not involve the
display of goods in the interior of the Dwelling;
(e)
outside the Hamlet of Lac La Biche, the home business shall not generate
pedestrian or vehicular traffic or parking uncharacteristic to the residential area;
(f)
the home business may not extend beyond the confines of the primary
residential Dwelling; and
(g)
there shall be no outside storage of materials, goods, or equipment on the Site.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 15
SECTION 11
continued.
HOTEL means the provision of rooms or suites for temporary sleeping accommodation where the
rooms have access from a common interior corridor and may be equipped with individual kitchen
facilities. Hotels may include accessory eating and drinking facilities, meeting rooms, and Personal
Service Shops.
INDUSTRIAL, GENERAL means the following activities:
(a)
the processing of raw or finished materials and includes food processing;
(b)
the manufacturing or assembly of goods, products, or equipment;
(c)
Development used for industrial service support and construction;
(d)
the cleaning, servicing, repairing, or testing of materials, goods and equipment
normally associated with industrial or commercial businesses or cleaning,
servicing, and repair operations to goods and equipment associated with
personal or household use, where such operations have impacts that would make
them incompatible in non-industrial Districts;
(e)
the storage or warehousing of materials, goods, and equipment, including petrochemical products and supplies;
(f)
the training of personnel in general industrial operations; and
(g)
it may include any indoor display, office, technical, or administrative support areas
or any sales operation accessory to the general industrial Uses. A general
industrial Development shall not adversely affect surrounding non-industrial Uses
through the generation of emissions, noise, odours, vibrations, heat, bright light,
or dust.
INDUSTRIAL, HEAVY means an industrial Use that due to its appearance, noise, odour, risk of
toxic emissions, or fire and explosion hazards are incompatible with residential, commercial, and
other land Uses. Heavy industrial includes land treatment, asphalt plants, concrete plants, and
general industrial Uses that create Nuisances that extend beyond the boundaries of the Site, but
does not include agriculture. This District should normally be located on the interior of industrial
or agricultural areas, such that it does not interfere with the safety, Use, amenity, or enjoyment
of any surrounding Districts.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 16
SECTION 11
continued.
INDUSTRIAL, LIGHT means Development for the purpose of: the processing of raw materials;
the manufacturing or assembly of goods or equipment; or the storage or transshipment of
materials, goods, and equipment; which will not result in the emission of odours, dust, smoke,
gas, noise, or vibration outside the Building in which the Light Industrial activity is carried on, and
which is carried on entirely indoors, except for storage which may be located outdoors provided it
is entirely screened from all Adjacent Uses, except for other industrial Uses, and from all roads.
Notwithstanding the above, Light Industrial Uses shall not include the outdoor storage of used
goods or materials for any purpose.
INDUSTRIAL, RURAL means any industrial Use involved in:
(a)
the processing, fabrication, storage, transportation, distribution, or wholesaling of
goods which require a relatively large Lot; and
(b)
activities which would not be appropriate or should not locate within an urban
area because they are potentially hazardous or may emit a high level of noise,
dust, odour, vibration, or require a large parcel of land.
INDUSTRIAL VEHICLE AND EQUIPMENT SALES, REPAIR, RENTAL, AND STORAGE
means the sale, repair, rental, or storage of heavy vehicles, machinery, or mechanical equipment
typically used in building, roadway, pipeline, oil field and mining, construction, manufacturing,
assembling, and processing operations and agricultural production.
INSTITUTIONAL USE means Uses for the purpose of assembly, education, health care, public
administration, or public service, and shall also include Uses related to culture or other
community, area, or regional activities as determined by the Development Authority.
INTERNAL ROAD means a Public Road, the primary function of which is to provide access to
individual Sites within a multi-Lot Subdivision, with the exception of Mobile Home communities
and Bare Land Condominium Developments, in which case the Internal Roads are privately
owned.
LANDFILL means a waste management facility at which waste is disposed of by placing it on or
in land, but does not include a land treatment facility, a surface impoundment, a salt cavern, or a
disposal well.
LAND USE DISTRICT means an area of the Municipality established as a Land Use District by
this Bylaw.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 17
SECTION 11
continued.
LANDSCAPING means the enhancement of outdoor areas for Use as amenity space, for
aesthetic appearance, and for privacy. Landscaping includes Use of grass, shrubs, hedges,
and trees; hard ground cover such as brick, stone, concrete, tile, and wood; and benches,
planters, play equipment, plazas, courtyards, fountains, sculpture, fences, but does not
include agriculture.
LIVESTOCK means poultry, horses, cattle, sheep, swine, goats, bison, fur-bearing animals raised
in captivity, and domestic cervids within the meaning of the Livestock Industry Diversification Act,
as amended.
LOT means:
(a)
a quarter section;
(b)
a river Lot shown on an official plan, as defined in the Surveys Act, as amended,
that is filed or located in a land titles office;
(c)
a settlement Lot shown on an official plan, as defined in the Surveys Act, as
amended, that is filed or located in a land titles office;
(d)
a part of a parcel of land described in a certificate of title if the boundaries of the
part are described in the certificate of title other than by reference to a legal
Subdivision; or
(e)
a part of a parcel of land described in a certificate of title if the boundaries of the
part are described in a certificate of title by reference to a plan of Subdivision.
MERCHANDISE AID means any device used for the display of merchandise and related
advertising material.
MOBILE HOME means Development consisting of a transportable Single Detached Dwelling
which is suitable for permanent occupancy, designed to be transported on its own wheels, and
which is, upon its arrival at the Site where it is to be located, ready for occupancy except for
incidental Building operations such as placement on foundation supports and connection to
utilities. This includes both single-wide and double-wide Mobile Homes.
MOBILE HOME LOT means the space allotted for the installation of one Mobile Home in any
Mobile Home Park or Mobile Home Subdivision.
MOBILE HOME PARK means a parcel of land under one title which has been divided into Mobile
Home Lots, for ownership, lease, or rental.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 18
SECTION 11
continued.
MOBILE HOME SUBDIVISION means a parcel of land subdivided by a registered plan into
individual Lots of Mobile Homes, for ownership, lease, or rental.
MODULAR HOME means a Dwelling Unit that is constructed from prefabricated components,
and is similar in appearance and profile to a conventional Dwelling, and conforms to the Alberta
Building Code, but does not include a Mobile Home.
MOTEL means Development for the provision of rooms or suites for temporary lodging or light
housekeeping, where each room or suite has its own exterior access, and may include accessory
eating and drinking facilities.
MUNICIPAL PLANNING COMMISSION means the Municipal Planning Commission as
established by this Bylaw.
MUNICIPALITY means Lac La Biche County.
NATURAL OPEN SPACE means a swamp, gully, ravine, coulee, or natural drainage course, land
that is subject to flooding or is, in the opinion of the Subdivision Authority, unstable, or a strip of
land, not less than 15.0 m (49.2 ft) in Width, abutting the bed and shore of any lake, river,
stream, or other body of water for the purpose of preventing pollution or providing public access
to and beside the bed and shore.
NATURAL RESOURCE EXTRACTION/PROCESSING FACILITY means the Development of
oil, gas, gas facilities, sand and gravel operations, and logging operations and the processing of
natural resources, including oil and gas, peat, timber and wood fiber, and metallic and nonmetallic minerals (such as sand, gravel, coal, limestone, gypsum, granite, and salt).
NEIGHBOURHOOD SHOPPING CENTRE means a Building or group of Buildings, containing a
limited number of convenience stores and/or Personal Service Shops.
NON-ACCESSORY PARKING means Development providing vehicular parking which is not
primarily intended for the Use of residents, employees, or clients of a particular Development.
Typical Uses include surface parking lots and parking Structures located above or below Grade.
NON-CONFORMING BUILDING means a Building:
(a)
that is lawfully constructed or lawfully under construction at the date a Land Use
Bylaw affecting the Building or the land on which the Building is situated
becomes effective; and
(b)
that on the date the Land Use Bylaw becomes effective does not, or when
constructed will not, comply with this Bylaw.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 19
SECTION 11
continued.
NON-CONFORMING USE means a lawful specific Use:
(a)
being made of land or a Building or intended to be made of a Building lawfully
under construction at the date a Land Use Bylaw affecting the land or Building
becomes effective; and
(b)
that on the date the Land Use Bylaw becomes effective does not, or in the case
of a Building under construction will not, comply with this Bylaw.
NON-MOTORIZED OUTDOOR RECREATION means human and pet activity using muscular
power. Devices required for mobility such as motorized wheelchairs are permitted. Off-highway
vehicles including any amphibious machines, all terrain vehicles, miniature motor vehicles, snow
vehicles, or minibikes are prohibited.
NUISANCE means anything that interferes with the Use or enjoyment of property, endangers
personal health or safety, or is Offensive to the senses.
OFFENSIVE or OBJECTIONABLE means, when used with reference to a Development, a Use by
which its nature, or from the manner of carrying on the same, creates or is liable to create by
reason of: noise; vibration; smoke; dust or other particulate matter; odour; toxic or non-toxic
matter; radiation; fire or explosive hazard; heat; humidity; glare; or the unsightly storage of
goods, materials, salvage, junk, waste, or other materials; a condition which, in the opinion of the
Development Authority, may be or may become hazardous or injurious regarding health or safety,
or which adversely affects the amenities of the neighbourhood, or interferes with or may interfere
with the normal enjoyment of any land, Building, or Structure.
OFF-SITE LEVIES means the monies collected by the Municipality from a developer or industry
to assist with the payment of the portion of the off-Site services that Development will utilize.
OWNER means:
(a)
in respect to unpatented land, the Crown;
(b)
in respect to other land, the person who is registered under the Land Titles Act,
as amended, as the Owner of the fee simple estate in the lands; and,
(c)
in respect of any property other than land, the person in lawful possession of it.
PARKING LOT means an area of land providing for the parking of motor vehicles.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 20
SECTION 11
continued.
PARKS AND PLAYGROUNDS means Development of land specifically designed or reserved for
the general public for active or passive recreational Use and includes all natural and man-made
Landscaping, facilities, playing fields, Buildings and other Structures that are consistent with the
general purposes of public parkland. Typical Uses include tot lots, band shells, picnic grounds,
pedestrian trails and paths, landscaped buffers, playgrounds, and water features.
PERSONAL SERVICE SHOP means Development used for the provision of personal services to
an individual which are related to the care and appearance of the body, or the cleaning and
repair of personal effects. This Use includes barbershops, beauty salons, dressmakers, dry
cleaners, hairdressers, laundromats, shoe repair shops, and tailors.
POINT OF SALE ADVERTISING means advertising which relates to the name of the occupier
or firm, the nature of the business conducted and/or the goods produced, and/or the main
products and services sold or obtainable at the Lot on which the advertising is displayed.
PRINCIPAL BUILDING OR USE means a Building or Use which, in the opinion of the
Development Authority, is the main purpose for which the Building or Site is ordinarily used.
PRIVATE CLUB means Development used for the meeting, social or recreational activities of
members of a non-profit philanthropic, social service, athletic, business, or fraternal organization,
without on-Site residences. Private Clubs may include rooms for eating, drinking, and assembly.
PROFESSIONAL, FINANCIAL, AND OFFICE SUPPORT SERVICES means Development
primarily used for the provision of professional, management, administrative, consulting, and
financial services. Typical Uses include: the offices of lawyers, accountants, engineers, and
architects; offices for real estate and insurance firms; clerical, secretarial, employment, telephone
answering, printing establishments, janitorial services, equipment sales and repair, and similar
office support services; and banks, credit unions, loan offices, and similar financial Uses.
PROPERTY LINE, FRONT means the boundary line of a Lot lying Adjacent to a highway or
road. In the case of a corner Lot, the shorter of the two boundary lines Adjacent to the highway
or road shall be considered the Front Property Line.
PROPERTY LINE, REAR means the boundary line of a Lot lying opposite to the Front Line of
the Lot and/or farthest away from a highway or road.
PROPERTY LINE, SIDE means the boundary line of a Lot lying between a Front Line and a
Rear Line of a Lot. In the case of a corner Lot, the longer of the two boundary lines Adjacent to
the highway or road shall be considered a Side Property Line.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 21
SECTION 11
continued.
PROTECTIVE AND EMERGENCY SERVICES means development which is required for the
public protection of persons and property from injury, harm or damage together with the
incidental storage of equipment and vehicles, which is necessary for the local distribution of utility
services. Typical Uses include police stations, fire stations and ancillary training facilities.
PUBLIC ROAD means the right-of-way for a Primary Highway, Secondary Highway, municipal
road, street, or lane that is registered at Land Titles and is used or intended to be used to
accommodate vehicle traffic.
PUBLIC UTILITY means a Development or right-of-way 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; or
(i)
waste management.
PUBLIC UTILITY BUILDING means a Building in which the proprietor of a Public Utility
maintains its office or offices and/or maintains or houses any equipment used in conjunction with
the Public Utility.
REAL PROPERTY REPORT means a legal document that clearly illustrates permanent above
ground structures and registered easements in relation to property boundaries. The document
consists of a plan showing the physical improvements with a written report outlining the details of
the property, and is signed by a registered Alberta Land Surveyor.
RECREATION, EXTENSIVE means Uses which are located in areas to take advantage of natural
physical features and to provide for non-facility oriented recreational activities such as hunting,
trail riding, snowmobiling, hiking, cross-country skiing, rustic camping and similar Uses.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 22
SECTION 11
continued.
INTENSIVE means any recreational Development that provides recreational
services to the public and may include golf courses, recreational vehicle parks, campsites, resorts,
marinas, ski hills, or operations that provide similar outdoor recreational activities. These facilities
may include overnight accommodation, eating, and drinking facilities.
RECREATION VEHICLE means a portable structure designed and built to be carried on a vehicle
or to be transported on its own wheels, and which is intended to provide temporary living
accommodation for travel and recreation purposes, and which does not need any special license
or permit to travel on the public road systems other than a usual trailer or vehicle license, and
without limiting the generality of the foregoing, includes such vehicles as a motor home, a
camper, a travel trailer, or a tent trailer but does not include a Mobile Home or any vehicle or
trailer over 2.44 m (8.0 ft) in width.
RECREATION VEHICLE - COTTAGE MODEL means a recreation unit that conforms to the
CAN-CSA A277 standard or the Alberta Safety (Building) Code, as amended. The maximum size of
a Cottage Model recreation vehicle is 92.0 m2 (990 ft2).
RECREATION VEHICLE - PARK MODEL means a recreation vehicle conforming to CAN-CSA
series Z241. The maximum size of a Park Model recreation vehicle is 92.0 m2 (990 ft2).
RECYCLING DEPOT means a development used for the buying and temporary storage of
bottles, cans, newspapers, and similar household goods for reuse where all storage is contained
within an enclosed building or designated compound site.
REGISTERED OWNER means:
(a)
in the case of land owned by the Crown in right of Alberta or the Crown in right
of Canada, the Minister of the Crown having the administration of the land; or
(b)
in the case of any other land;
(i)
the purchaser of the fee simple estate in the land under an agreement
for sale that is the subject of caveat registered against the certificate of
title in the land and any assignee of the purchaser’s interest that is the
subject of a caveat registered against the certificate of title; or
(ii)
in the absence of a person described in subsection (i), the person
registered under the Land Titles Act, as amended, as the Owner of the
fee simple estate in the land.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 23
SECTION 11
continued.
RELIGIOUS ASSEMBLY means Development used for worship and related religious,
philanthropic, or social activities and includes Accessory rectories, manses, meeting rooms, food
preparation and service facilities, classrooms, dormitories, and other buildings. Typical Uses
include churches, chapels, mosques, temples, synagogues, parish halls, convents, and
monasteries.
RETAIL STORE means Development used for the retail sale of consumer goods, including liquor
products, from within an enclosed Building. Minor public services, such as postal services and film
processing depots, are permitted within Retail Stores. This does not include Developments used
for the sale of gasoline, heavy agricultural or industrial equipment, vehicle and equipment
sales/rentals, or warehouse Development.
ROOF means the top of any enclosure, above or within the vertical walls of a Building.
RURAL INDUSTRIAL PARK means an area planned for the Development of two (2) or more
Rural Industrial Lots through an overall Development plan and providing an Internal Road and
may include communal services.
SATELLITE DISH means:
(a)
a combination of an antenna or dish antenna the purpose of which is to receive
signals from orbiting satellites;
(b)
a low noise amplifier (LNA) situated at the focal point of the receiving component
the purpose of which is to magnify and transfer signals;
(c)
a cable the purpose of which is to transmit signals; and
(d)
other associated components.
SCREENING means a fence, berm, or hedge used to visually separate areas or functions.
SECONDARY SUITE means Development consisting of a self-contained Dwelling located in a
Single Detached Dwelling, including a basement. A Secondary Suite has food preparation,
sleeping and bathing facilities which are separate from those of the principal Dwelling within the
Structure. A Secondary Suite also has an entrance separate from the entrance to the principal
Dwelling, either from a common indoor landing or directly from the exterior of the Structure.
SERVICE STATION means Development used for the servicing, washing, and repairing of
vehicles; and the sale of gasoline, other petroleum products, and a limited range of vehicle parts
and accessories. This Use includes gas bars and car washes, and may also include an eating and
drinking facility and/or a convenience store, but does not include specialty motor repair shops or
motor vehicle repair shops not selling gasoline, or similar Uses.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 24
SECTION 11
continued.
SETBACK means the distance that a Development must be set back from a property line or any
other features of a Site specified by the Bylaw. A Setback is not a Yard.
SHOPPING CENTRE means a Building or group of Buildings, containing retail commercial and
similar Uses, with shared off-street parking facilities, and which may be managed as a single unit.
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, and its
supporting structure.
SIGN, AREA OF means the total superficial area within the outer periphery of a 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.
SIGN, AWNING OR CANOPY means a Sign attached to a marquee, Awning, or Canopy.
SIGN, 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.
SIGN, FASCIA means a Sign placed flat and parallel to the face of a Building or Structure so
that no part of the Sign projects more than 30.0 cm (11.8 in) from the face of the Building or
Structure.
SIGN, FREESTANDING means a Sign on a standard or column permanently attached to the
ground, which is not connected in any way to any Building or other Structure, and does not
include a Portable Sign.
SIGN, HOME BUSINESS means any device used for the display of merchandise and related
advertising material related to a Major or Minor Home Business.
SIGN, PORTABLE means any readily transportable Sign that can be easily relocated to another
location or temporarily set up and removed from a Site, not permanently attached to the ground,
a Building, or a vehicle, and any inflatable object which is used to attract attention, or to which
advertising is attached.
SIGN, PROJECTING means a Sign which is attached to a Building or Structure so that part of
the Sign projects more than 30.0 cm (11.8 in) from the face of the Building or Structure.
SIGN, ROOF means any sign placed on or over a roof.
SIGN, SKY means a Roof Sign comprising individual letters or symbols on an open framework.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 25
SECTION 11
continued.
SIGN, TEMPORARY means a Sign erected for a specified period of time announcing or
advertising an event of limited duration.
SITE means an area of land consisting of one or more abutting Lots under one Ownership.
SITE COVERAGE means the combined area of all Buildings or Structures on the Lot as a
percentage of the Lot area, measured at the level of the lowest Storey above Grade, including all
porches and verandas, open or covered, but excluding open and enclosed terraces at Grade,
uncovered decks less than 0.6 m (2.0 ft) in Height above Grade, steps, cornices, eaves, and
similar projections.
STATUTORY PLAN means for the purpose of this Bylaw only, any plan defined as a Statutory
Plan by the Municipal Government Act, as amended, or any planning policy document approved
by County Council by resolution having specific impact on a defined geographic area such as a
neighbourhood. A Statutory Plan can include a Municipal Development Plan, an Intermunicipal
Development Plan, an Area Structure Plan, or an Area Redevelopment Plan.
STOREY means that portion of a Building which is situated between the top of any floor and the
top of the floor next above it. If there is no floor above, the Storey is the portion of the Building
which is situated between the top of any floor and the roof above it.
STRUCTURAL ALTERATION means any renovation or addition to a Building or Dwelling that
affects a load bearing wall.
STRUCTURE means anything constructed or erected, the Use of which requires location on the
ground or attachment to something located on the ground but not including pavements, curbs,
walks, or open air surfaced areas or movable vehicles.
SUBDIVISION means the division of a parcel of land into one or more smaller parcels by a plan
of Subdivision or other instrument.
SUBDIVISION AUTHORITY means the person or persons delegated the authority to exercise
Subdivision powers and duties on behalf of the Municipality pursuant to the Municipal
Government Act, as amended.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD means a Subdivision and Development
Appeal Board appointed pursuant to the Municipal Government Act, as amended.
SUBSTANDARD LOT means any Lot which is smaller, in area or in any dimension, than the
minimum area or dimension stipulated in the regulations of the District in which the Lot is
located.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 26
SECTION 11
continued.
SURVEILLANCE SUITE means a single residential unit forming part of a Development, or may
be developed in a separate Structure on-Site, and used solely to accommodate a person or
persons whose official function is to provide surveillance for the maintenance and safety of the
Development, approved on a permanent or temporary basis by the Development Authority.
TEMPORARY DEVELOPMENT means a Development for which a Development Permit has been
issued by the Development Authority for a limited time only.
TRAPPER’S CABIN means Development of a Structure used for temporary habitation, located in
isolated areas, not exceeding 75.0 m2 (800 ft2) in total Floor Area.
USE means the purpose or activity for which a Site and its buildings are designed, arranged,
developed, or intended, or for which it is occupied and maintained.
USE, DISCRETIONARY means any Use of land or of a Building listed as such in each of the
Land Use Districts for which a Development Permit may be issued by the Development Authority.
See Table 3: Summary of Land Uses by Land Use District.
USE, PERMITTED means any Use of land or of a Building listed as such in each of the Land Use
Districts for which a Development Permit must be issued if it meets the requirements of the
Bylaw or may be issued if any variances are required. See Table 3: Summary of Land Uses by
Land Use District.
VARIANCE means an alteration or change to a standard prescribed by this Bylaw that is
authorized by the Development Authority.
VETERINARY SERVICE, MAJOR means the care and treatment of animals, including livestock,
where the veterinary service primarily involves outpatient care and medical procedures involving
hospitalization for fewer than four (4) days. Typical uses include veterinary clinics and veterinary
offices for the care of small animals and livestock. It may include outdoor storage.
VETERINARY SERVICE, MINOR means the care and treatment of animals where the on-Site
veterinary service primarily involves outpatient care and minor medical procedures involving
hospitalization for fewer than four (4) days for small domestic animals only. Typical uses include
pet clinics, but not Animal Service Facilities.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 27
SECTION 11
continued.
WAREHOUSE SALES means Development used for the wholesale or retail sale of a limited
range of bulky goods from a Site where the size and nature of the principal goods being sold
typically require large Building Floor Areas for direct display to the purchaser or consumer. This
Use Class includes Developments where principal goods being sold are such bulky items as
furniture, carpet, major appliances, and Building materials. This Use Class does not include Flea
Markets or Developments used for the retail sale of food or a broad range of goods for personal
or household Use.
WATER BODY means the bed and shore of a river, stream, lake, creek, lagoon, swamp, marsh,
or other natural body of water whether it contains or conveys water continuously or
intermittently.
WIDTH means the length of a line parallel to the Front Line or, in a Lot with a curved Front Line,
perpendicular to a line running between the mid-point of the Front Line and the mid-point of the
Rear Line, measured at a distance from the Front Line equal to the minimum required Front Yard.
WORK CAMP means any camp which meets any of the following: fourteen days in duration or
occupancy of a site; minimum of ten workers; minimum of ten holiday trailers or truck
campers; minimum of one prefabricated multi accommodation unit; and a minimum of one
prefabricated eating/washroom/shower unit.
YARD means a part of a Lot upon or over which no Building or Structure other than a boundary
fence is erected except for specifically permitted encroachments and Accessory Buildings (see
Figure 1). Dugouts are not permitted in required Yards.
YARD, FRONT means a Yard extending across the full Width of a Lot and situated between the
front property line and nearest exterior wall of the Principal Building and facing the Public Road
(see Figure 1).
YARD, REAR means a Yard extending across the full Width of a Lot and situated between the
rear property line and the nearest exterior wall of the Principal Building (see Figure 1).
YARD, SIDE means a Yard extending from the Front Yard to the Rear Yard and situated
between the side property line and the nearest exterior wall of the Principal Building and/or
Accessory Building (see Figure 1).
All other words and expressions have the meanings assigned to them in the Municipal
Government Act, Chapter M-26, RSA 2000 and any amendments thereto.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 28
SECTION 11
continued.
Figure 1: Illustration of Property Lines and Yards
REAR PROPERTY LINE
REAR YARD
SIDE PROPERTY LINE
SIDE PROPERTY LINE
SIDE
YARD
BUILDING ENVELOPE
SIDE
YARD
FRONT YARD
FRONT PROPERTY LINE
ROADWAY
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 29
III
AUTHORITIES
SECTION 12
DEVELOPMENT AUTHORITY
(1)
The Development Authority is established by this Bylaw pursuant to Part 17, Division 3 of
the Act, as amended.
(2)
The Development Authority shall exercise Development powers and duties on behalf of
the Municipality.
(3)
The Development Authority shall keep and maintain for the inspection of the public
during office hours, a copy of this Bylaw and all amendments thereto, and keep a register
of all applications for Development and subsequent decisions.
SECTION 13
SUBDIVISION AUTHORITY
(1)
The Subdivision Authority is established by this Bylaw pursuant to Part 17, Division 3 of
the Act, as amended.
(2)
The Subdivision Authority shall exercise Subdivision powers and duties on behalf of the
Municipality.
(3)
The Subdivision Authority shall keep and maintain for the inspection of the public during
office hours, a register of all applications for Subdivision and subsequent decisions.
SECTION 14
MUNICIPAL PLANNING COMMISSION
(1)
The Municipal Planning Commission established by bylaw is authorized to act as the
Development Authority.
(2)
The Municipal Planning Commission shall:
(a)
issue decisions for Development Permit applications for those Uses listed as
Discretionary Uses in the subject Land Use District and determine the method of
notification;
(b)
issue decisions for those Uses listed as Permitted Uses which the Development
Officer refers to the Municipal Planning Commission, including Development
applications that propose a variance from the requirements of this Bylaw in
excess of 25%; and
(c)
consider any other planning or Development matter referred by the Development
Officer.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 30
SECTION 15
DEVELOPMENT OFFICER
(1)
The office of the Development Officer, established by this bylaw, is authorized to act as
the Development Authority for Lac La Biche County.
(2)
The Development Officer shall:
(3)
(a)
receive and process all applications for Development Permits;
(b)
keep and maintain for inspection of the public during office hours, a copy of this
Bylaw and all amendments thereto, and ensure that copies are available to the
public at a reasonable charge;
(c)
keep a register of all applications for Development, including the decisions
therein and the reasons therefore, for a minimum period of seven (7) years;
(d)
issue decisions for Development Permit applications for those Uses listed as
Permitted Uses in the subject Land Use District;
(e)
refer all applications for Permitted Uses where the Development proposed
involves a variance from the requirements of this Bylaw in excess of 25% to the
Municipal Planning Commission for a decision; and
(f)
refer all applications for Discretionary Uses to the Municipal Planning Commission
for a decision with the exception of Natural Resource Extraction/Processing
Facility, Rural Industries and Work Camp (proposed for a duration of 180 days or
less) enabled by a disposition with the Province of Alberta, for which the
Development Officer may issue a permit.
The Development Officer may:
(a)
refer Development Permit applications to the Municipal Planning Commission for
those Uses listed as Permitted Uses which the Development Officer wishes to
refer to the Municipal Planning Commission; and
(b)
refer any other planning or Development matter to the Municipal Planning
Commission for its review, support or advice.
SECTION 16
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
(1)
The Subdivision and Development Appeal Board is established by bylaw pursuant to
Part 17, Division 3 of the Act, as amended.
(2)
The Subdivision and Development Appeal Board shall hear Subdivision appeals and make
decisions in accordance with the provisions of the Act, as amended, and shall have
regard for the statutory documents of the County.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 31
SECTION 16
SUBDIVISION AND DEVELOPMENT APPEAL BOARD continued.
(3)
The Subdivision and Development Appeal Board shall hear Development appeals and
make decisions in accordance with the provisions of the Act, as amended, and have
regard for the statutory plans of the County.
(4)
The Subdivision and Development Appeal Board shall keep and maintain for the
inspection of the public during office hours, a record of its proceedings presented at a
hearing.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 32
IV
PROCEDURES
SECTION 17
(1)
CONTROL OF DEVELOPMENT
No person shall commence or cause or allow to be commenced, or carry on, or cause to
allow to be carried on, any Development unless a Development Permit has been issued
pursuant to the provisions of this Bylaw.
SECTION 18
WHERE A PERMIT IS NOT REQUIRED
(1)
Except as provided for in SECTION 18 (3), no person shall commence Development
unless they have been issued a Development Permit in respect thereof.
(2)
Any Development used for residential purposes requires a Development Permit.
(3)
The following Development shall not require a Development Permit provided it conforms
with all provisions of this Bylaw:
(a)
Accessory and Minor Uses
(i)
(b)
construction or installation of an Accessory Building that does not exceed
11.1 m2 (120.0 ft2) in area nor 2.0 m (6.6 ft) in Height within any
Residential District, or 74.2 m2 (800 ft2) in the Agricultural District;
(ii)
Satellite Dishes less than 1.0 m in diameter; and
(iii)
unenclosed above and below-ground private swimming pools and hot
tubs, provided they comply with the requirements of SECTION 83.
Agricultural Uses
(i)
any Building on land in the Agricultural District (AG) including but not
limited to hay sheds, open face shelters, and Livestock windbreaks, and
the carrying out of construction, excavation, or other operations requisite
for the continued Use of that land for agricultural purposes, excluding
Dwellings;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 33
SECTION 18
(c)
(d)
WHERE A PERMIT IS NOT REQUIRED continued.
Fencing
(i)
the construction or maintenance of gates, fences, walls, or other means
of enclosure less than 1.0 m (3.3 ft) in Height in Front Yards and less
than 2.0 m (6.6 ft) in side and Rear Yards, except on any corner Lots or
where the gate, fence, wall, or other means of enclosure would obstruct
sight distance on a road used by vehicular traffic, in which case the
developer shall consult the Development Authority as to the location of
the gate, fence, wall, or other means of obstruction; and
(ii)
fences in the Agricultural District (AG) provided the corner visibility
triangle regulations in SECTION 54 are satisfied;
Industrial Uses
(i)
(e)
Landscaping
(i)
(f)
Landscaping, Stripping, Grading, and Excavation
a. Landscaping, stripping, Site Grading, and Excavating that is
required for a Development for which a Development Permit has
been issued;
b. Landscaping, for the purpose of aesthetic appearance, as defined
in the landscaping definition.
Recreational Vehicles
(i)
(g)
portable sawmills and asphalt batching plants in the Agricultural District
(AG), Rural Industrial District (RI), and Crown Land District (CL);
the parking or storage, or both, of any uninhabited Recreational Vehicle
in a Residential District, where such parking or storage fully complies
with the regulations of SECTION 74 of this Bylaw;
Repairs and Maintenance
(i)
the carrying out of works of maintenance or repair to any Building,
provided that such works do not include structural alterations;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 34
SECTION 18
(h)
(i)
Temporary Uses
(i)
a Temporary Building not to be used for residential purposes, the sole
purpose of which is incidental to the erection or alteration of a
permanent Building, for which a Development Permit has been issued
under this Bylaw. The Temporary Building shall be removed from the Site
within thirty (30) days of substantial completion of the permanent
Building; and
(ii)
outdoor storage in the Agricultural District (AG) and Rural Industrial
District (RI);
Utilities
(i)
the maintenance and repair of public works, services, and utilities carried
out by or on behalf of federal, provincial, or municipal public authorities
on land which is publicly owned or controlled or zoned for such Use;
(j)
Trapper’s Cabins within the Crown Land District (CL);
(k)
The completion of a Building which was lawfully under construction at the date of
the approval of this Bylaw, provided that the Building is completed in accordance
with the terms of any permit granted in respect of it and subject to the
conditions to which said permit was granted, and provided also that the Building,
whether or not a Development Permit was granted in respect of it, is completed
within a period of twelve (12) months from the said date of the said approval;
(l)
The Use of any such Buildings as referred to in SECTION 18 (3)(l) for the
purpose for which construction was commenced;
(m)
The maintenance and repair of public works, services, and utilities carried out by
or on behalf of federal, provincial, and municipal public authorities on land which
is publicly owned or controlled;
(n)
Utility connections and maintenance, including television, telephone, electrical, or
heating installation work to a Building, provided that the Use or intensity of Use
does not change;
(o)
The erection of an uncovered deck which has a Height of less than 0.6 m (2.0 ft)
above Grade, and which is accessory to a residential Structure;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 35
SECTION 18
(p)
The construction of a private driveway on a Site;
(q)
Subdivision entrance feature signs where identified in a Development Agreement
as part of the approval of a Subdivision application;
(r)
For developments or lands as outlined in Section 618 of the Act, as amended;
and
(s)
The demolition or removal of any Building or Structure, the erection of which
would not require a Development Permit, pursuant to SECTION 18 (3)(a) - (s)
above, both inclusive.
SECTION 19
NON-CONFORMING BUILDINGS AND USES
(1)
Where a Development Permit has been issued prior to a bylaw or any bylaw amendment
coming into effect, and the bylaw or amendment would result in the Development
authorized by the Permit to be non-conforming, then the Development Permit continues
to be in effect in spite of the bylaw coming into force.
(2)
Where a Non-conforming Use of land or Building is discontinued for a period of six (6)
consecutive months, any future Use of the land or Building must conform with the Land
Use Bylaw then in effect.
(3)
A Non-conforming Use may be extended throughout a Building but the Building may not
be enlarged or added to and no structural alterations may be made to it or in it, whether
or not the Building is non-conforming.
(4)
A Non-conforming Use of part of a Lot may not be extended to any other part of the Lot
and no additional Building may be constructed on the Lot while the Non-conforming Use
continues.
(5)
Non-conforming Buildings may not be re-built except to make the Building conform to the
regulations included in the Land Use Bylaw then in effect or to conduct routine
maintenance of the Building. Additions and renovations may be allowed to Nonconforming Buildings provided they do not exceed twenty percent (20%) of the total
Building area or contribute to the non-conformance of the Building.
(6)
If a Non-conforming Building is damaged beyond seventy-five percent (75%) of the value
of the Building, the Building may not be repaired or rebuilt except in accordance with this
Bylaw.
(7)
The land Use or the Use of a Building is not affected by a change of Ownership or
tenancy of the land or Building.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 36
SECTION 20
(1)
APPLICATION FOR DEVELOPMENT PERMIT
An application for a Development Permit shall be made to the Development Authority, in
writing, on the application form provided by the County and shall:
(a)
be signed by the Registered Owner(s) or an agent authorized by the Registered
Owner(s) to make application. The correctness of the information supplied shall,
when required by the Development Authority, be verified by a Statutory
Declaration;
(b)
state the proposed Use or occupancy of all parts of the land and Buildings, and
such other information, such as floor plans, elevations, and cross-sections of any
proposed Building(s), as may be required by the Development Authority;
(c)
at the discretion of the Development Authority, shall include Site plans in paper
and CAD format at a scale satisfactory to the Development Authority, showing
any or all of the following;
(i)
Front, Side, and Rear Yards;
(ii)
outlines of the exterior walls on all Buildings;
(iii)
north point;
(iv)
legal description of the Site and Adjacent Lots (by Lot, block, Subdivision
and registered plan), roads, rights-of-way, easements, floodplains, top of
bank, and watercourses within or abutting the Lot;
(v)
location of existing and proposed municipal and private local
improvements, Principal Building and other Structures including
Accessory Buildings, garages, carports, fences, driveways, paved areas,
and major landscaped areas including buffering and Screening areas
where provided;
(vi)
the Grades of the Adjacent streets, lanes, and sewers servicing the
property, where available;
(vii)
the lowest finished floor elevation in either the basement or main floor in
the Principal and Accessory Buildings where applicable; and
(viii)
setbacks for existing and proposed Development from areas of steep
slope, top of bank from any watercourse, or identified high water mark
of any watercourse;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 37
SECTION 20
(d)
(e)
FOR
PERMIT continued.
provide a stormwater management plan (to be prepared at the discretion of the
Development Authority), which must be approved by Alberta Environment or the
relationship to any approved stormwater management plan, including
(i)
topography;
(ii)
watershed and Development in relation to it;
(iii)
proposed minor drainage system (ditches/pipes/catch basin locations);
(iv)
proposed major drainage systems (direction of surface drainage);
(v)
proposed on-Site detention/retention facility (location/size);
(vi)
location of outflow/outfall Structures; and
(vii)
any related modeling and calculation information;
provide any other pertinent information or tests required by the Development
Authority respecting the Site or Adjacent lands including, but not limited to:
(i)
a Geotechnical Report prepared by a qualified professional, registered in
the province of Alberta, in a potentially hazardous or unstable area;
(ii)
a biophysical assessment prepared by a qualified professional, registered
in the province of Alberta, on the impacts of Development on sensitive
wildlife habitat or important natural environments;
(iii)
a hydrogeological report prepared by a qualified professional, registered
in the province of Alberta, to determine the impacts of Development on
area watersheds and aquifers;
(iv)
a reclamation plan for aggregate extraction or Site Grading and
excavation;
(v)
an environmental Site assessment to determine potential contamination
and mitigation;
(vi)
an environmental impact assessment for a Development with potential
significant environmental effects;
(vii)
a Master Sign Plan for developments proposed under any Commercial or
Industrial District;
(viii)
a landscaping plan for the Site, showing all of the proposed surface
improvements;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 38
SECTION 20
FOR
PERMIT continued.
(ix)
a flood plain impact study; or
(x)
any other information deemed necessary by the Development Authority
to adequately assess the proposal.
(f)
information pertaining to the estimated cost of the project or contract price;
(g)
the estimated commencement and completion dates of the proposed
Development; and
(h)
be accompanied by a fee as established by Council.
(2)
Where information is required to be submitted in accordance with SECTION 20 (1)(d) it
shall be prepared by an accredited professional, licensed to practice in Alberta to the
satisfaction of the Development Authority.
(3)
At the discretion of the Development Authority, a letter from the Registered Owner may
be required authorizing the right of entry by the Development Authority to such lands or
Buildings as may be required for investigation of the proposed Development.
(4)
In case of an application for Development Permit on Crown land, the County will require
Provincial authorization prior to the issuance of a Development Permit.
(5)
The Development Authority may refuse to process an application for a Development
Permit where the information required by SECTION 20 (1) has not been supplied or
where the quality of such information is not adequate to properly evaluate the
application.
(6)
The Development Authority may deal with an application without all of the information
required if, in the opinion of the Development Authority, a decision can be properly made
on an application without such information.
SECTION 21
REFERRAL OF DEVELOPMENT PERMIT APPLICATIONS
(1)
Before a decision on a Development Permit is made, a Development Permit application
may be referred to any agency, neighbouring Municipality, Adjacent landowner, or person
as the Development Authority considers appropriate for comments or advice regarding
the application.
(2)
The County shall notify the Energy Resources and Conservation Board whenever a
Development Permit would result in a permanent additional overnight accommodation or
public facilities on lands where any portion of the land that is subject to the application is
within 1.5 km (0.93 mi) of a sour gas facility.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 39
SECTION 22
(1)
DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS
The Development Authority:
(a)
shall issue a Development Permit for Permitted Uses, as listed in PART NINE
through FOURTEEN, which complies with the land Use and minimum standards
for the applicable Land Use District;
(b)
shall consider and may issue a Development Permit for Discretionary Uses, as
listed in PART NINE through FOURTEEN, with conditions necessary to ensure
compliance;
(c)
shall issue decisions for development applications for those uses listed in Direct
Control Districts when directed to do so by Council; and
(d)
where a specific Use does not conform to the wording of any Use Class definition
or generally conforms to the wording of two or more Use Class definitions, the
Development Officer may, in his/her discretion, deem that the Use conforms to
and is included in that Use Class which he/she considers to be the most
appropriate in character and purpose. In such a case, the Use shall be
considered a Discretionary Use, whether or not the Use Class is listed as
Permitted or Discretionary within the applicable District.
(2)
A decision of the Development Authority on an application for a Development Permit shall
be given in writing and sent to the applicant.
(3)
In making a decision, the Development Authority may approve the application
unconditionally, approve the application subject to those conditions considered
appropriate, approve the application permanently or for a limited period of time, or
refuse the application.
(4)
The Development Authority shall provide applicants for non-agricultural Uses within
60.0 m (197.0 ft) of agricultural areas with a copy of the “Rural Code” included in Lac La
Biche County’s Municipal Development Plan, as amended, as a means to explain potential
impacts on their proposed Development from existing or future agricultural Development
in the area.
(5)
When the Development Authority refuses an application for a Development Permit, the
decision shall outline the specific reasons for the refusal, the time periods within which an
appeal can be made, and to whom the applicant can make the appeal, if so desired.
(6)
An application for a Development Permit shall be deemed to be refused when a decision
is not made by the Development Authority within forty (40) days after receipt and
acceptance of the completed application by the Development Authority unless an
agreement to extend the forty (40) day period is established between the applicant(s)
and the Development Authority.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 40
SECTION 22
(7)
Where a proposed Development involves the Subdivision of land, no Development Permit
shall be issued until the Subdivision has been registered with Alberta Land Titles.
i.
Where an application for subdivision involves a parcel of land, no additional
subdivision applications shall be considered for that parcel until the existing file is
deemed closed.
ii.
Where a Development Agreement or Caveat exist on a parcel of land, as a result
of a previous subdivision, no additional subdivision applications shall be considered
until the said Development Agreement or Caveat is complete and removed form
title.
SECTION 23
(1)
DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS continued.
DEVELOPMENT PERMIT CONDITIONS
The County may require that as a condition of issuing a Development Permit, the
applicant enter into an agreement:
(a)
to construct or pay for the construction of roads, pedestrian walkways, or parking
areas which serve the Development or which connect the walkway with another
walkway system that serves or is proposed to serve an Adjacent Development;
(b)
to specify the location and number of vehicular and pedestrian access points to
the Development from roads;
(c)
to install or pay for the installation of public utilities other than
telecommunications systems or works;
(d)
to construct or pay for the construction of off-street or other parking facilities,
and loading and unloading facilities;
(e)
to pay an off-Site levy;
(f)
to repair or reinstate, or to pay for the repair or reinstatement of, to original
condition, any road furniture, curbing, sidewalk, boulevard Landscaping, and tree
planting which may be damaged, destroyed, or otherwise harmed by
Development or Building operations on the Site; and/or
(g)
to give security to ensure that the terms of the agreement noted herein are
carried out.
(2)
The Development Authority may require any agreement entered into pursuant to
SECTION 23 (1) above to be registered against the title of the Lot through Alberta Land
Titles.
(3)
The Development Authority may require that a Real Property Report be provided by the
applicant as a condition of a Development Permit.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 41
SECTION 23
(4)
(5)
(6)
DEVELOPMENT PERMIT CONDITIONS continued.
The Development Authority may impose such conditions on Development Permit
approvals as, in their opinion, are necessary:
(a)
to uphold the intent and objectives of the Municipal Development Plan, as
amended, any Area Structure Plan or other statutory plan as well as any Land
Use District as adopted or amended from time to time; or
(b)
to ensure the orderly Development of land within the County.
In the case where a proposed Use of land or a Building is not provided for in the
applicable Land Use District in this Bylaw, the Development Authority may determine that
such Use is similar in character and purpose to a Permitted or Discretionary Use
prescribed for that Land Use District in PART NINE through FOURTEEN, provided that the
proposed Use:
(a)
would not unduly nor materially interfere with or affect the Use, enjoyment, or
value of neighbouring properties; and
(b)
generally conforms with the prescribed Use for the land or Building as defined in
this Bylaw.
Where a Development Permit has been issued for a Use as outlined in SECTION 23 (5)
above, that Use shall be considered a Discretionary Use under the terms of this Bylaw.
SECTION 24
NOTIFICATION OF DEVELOPMENT PERMITS
(1)
Within five (5) working days of a decision on a Development Permit application, the
Development Authority shall send a notice of the decision by regular mail, to the
applicant, indicating the disposition of the application.
(2)
Within ten (10) working days of a decision on a Development Permit application for a
Permitted Use that proposes a variance to any of the regulations of this Bylaw, or any
Discretionary Use, the Development Authority shall publish a notice in a newspaper
circulating in the County, indicating the legal description, municipal address, the nature of
the approved Development, whether a variance has been issued, and the right of appeal.
(3)
In addition to SECTION 24 (2), within five (5) working days of a decision on a
Development Permit application approving a Permitted Use that proposes a variance to
any of the regulations of this Bylaw or a Discretionary Use, the Development Authority
shall send a notice, by regular mail, to landowners Adjacent to the Site subject to the
Development Permit, based on land Ownership information contained in the Lac La Biche
County Assessment Roll. This notice shall provide Adjacent landowners with information
on the decision, and outline their right of appeal.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 42
SECTION 24
NOTIFICATION OF DEVELOPMENT PERMITS continued.
(2)
A permit issued pursuant to this PART does not come into effect until fourteen (14) days
after the date of issuance is first publicized as described in SECTION 24 (2). Any
Development proceeded with by the applicant prior to the expiry of this period is done
solely at the risk of the applicant.
(3)
Any development near a Major or Secondary Highway requires notification to Alberta
Transportation. Buffer zones are:
a. within 300 meters of a Highway;
b. within 800 meters of any Major Intersection.
SECTION 25
(1)
DEVELOPMENT PERMIT APPEAL PROCESS
The person applying for the Development Permit or affected by a stop work order under
the Act, as amended, may appeal to the Subdivision and Development Appeal Board, if a
Development Authority:
(a)
refuses or fails to make a decision on a Development Permit within forty (40)
days of receipt and acceptance of a completed application;
(b)
issues a Development Permit subject to conditions; or
(c)
issues a stop work order or order to remedy pursuant to the Act, as amended.
(2)
Any person affected by an order, decision, or Development Permit made or issued by a
Development Authority may appeal to the Subdivision and Development Appeal Board,
except that no appeal may be made in respect of the issuance of a Development Permit
for a Permitted Use unless the provisions of this Bylaw are relaxed, varied, or
misinterpreted.
(3)
Pursuant to the Act, as amended, if a decision on a Development Permit in a Direct
Control District is made by Council, there is no appeal to the Subdivision and
Development Appeal Board.
(4)
An appeal to the Subdivision and Development Appeal Board is commenced by filing a
notice of the appeal, containing the reasons for the appeal, to the Secretary of the
Subdivision and Development Appeal Board within fourteen (14) days from the date of
issuance,
(a)
in the case of an appeal made by an applicant after:
(i)
the date on which the person receives notice of the decision or order or
the issuance of the Development Permit; or
(ii)
if no decision is made with respect to an application within the forty (40)
day period or within any extension of this period as the applicant may
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 43
have approved in writing, the date the period or extension expires;
LAC
AUGUST
LAND USE BYLAW
SCHEDULE
Page
SECTION 25
PERMIT APPEAL PROCESS continued.
(b)
in the case of an appeal by another person claiming to be affected, after the date
on which the notice of the issuance of the Development Permit was published in
accordance with SECTION 24 (2).
(5)
Pursuant to the Act, as amended, the Subdivision and Development Appeal Board must
hold an appeal hearing within thirty (30) days of the receipt of a notice of appeal.
(6)
When hearing a Development appeal, the Subdivision and Development Appeal Board
must give at least five (5) days notice in writing of the hearing:
(7)
(8)
(9)
(a)
to the appellant;
(b)
to the Development Authority whose order, decision or Development Permit is
the subject of the appeal; and
(c)
to those notified under the Land Use Bylaw pursuant to SECTION 25 (2) and any
other person that the Subdivision and Development Appeal Board considers to be
affected by the appeal and should be notified.
The Subdivision and Development Appeal Board must make available for public inspection
before the commencement of the hearing all relevant documents and materials
respecting the appeal, including:
(a)
the application for the Development Permit, the decision and the notice of
appeal; or
(b)
a stop work order or order to remedy.
At the hearing the Subdivision and Development Appeal Board must hear:
(a)
the appellant or any person acting on behalf of the appellant;
(b)
the Development Authority from whose order, decision, or Development Permit
the appeal is made, or the person acting on his/her behalf;
(c)
any other person who was served with notice of the hearing and who wishes to
be heard or a person acting on behalf of that person; and
(d)
any other person who claims to be affected and that the Subdivision and
Development Appeal Board agrees to hear, or someone acting on that person’s
behalf.
In determining an appeal, the Subdivision and Development Appeal Board:
(a)
LAC
AUGUST
LAND USE BYLAW
must comply with the provincial land use policies and statutory plans;
SCHEDULE
Page
SECTION 25
PERMIT APPEAL PROCESS continued.
(b)
must have regard for but is not bound by the Subdivision and Development
Regulation, as amended;
(c)
may confirm, revoke, or vary the order, decision, or Development Permit or any
condition attached to it or may make or substitute an order, decision, or permit
of its own; and
(d)
may make an order or decision or issue or confirm the issuance of a
Development Permit even though the proposed Development does not comply
with this Bylaw if, in its opinion:
(i)
the proposed Development would not unduly nor materially interfere with
or affect the Use, enjoyment, or value of neighbouring properties; and
(ii)
the proposed Development conforms with the prescribed Use for the land
or Building as defined in this Bylaw.
(10)
The Subdivision and Development Appeal Board may recess if they require additional
time to review or gather further information.
(11)
The Subdivision and Development Appeal Board shall not accept additional evidence upon
adjourning.
(12)
Decisions of the Subdivision and Development Appeal Board shall be made in-camera.
(13)
The Subdivision and Development Appeal Board must give its decision in writing together
with reasons for the decision within fifteen (15) days of adjourning the hearing.
(14)
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 the
Act, as amended. An application for leave to the Court of Appeal shall be made:
(a)
to a judge of the Court of Appeal; and
(b)
within thirty (30) days after the issuance of the order, decision, permit, or
approval sought to be appealed.
SECTION 26
(1)
VALIDITY OF DEVELOPMENT PERMITS
Validity of Permit
(a)
When a Development Permit has been issued by the Development Authority, it
shall not be valid until the Development Permit conditions, except those of a
continuing nature, have been fulfilled and no notice of appeal has been served on
the Subdivision and Development Appeal Board within the appeal period.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 46
SECTION 26
(2)
(3)
VALIDITY OF DEVELOPMENT PERMITS continued.
(b)
In cases where an appeal has been served on the Subdivision and Development
Appeal Board, the permit shall not be valid until the decision of the Board is
issued in writing.
(c)
If the Subdivision and Appeal Board is served with notice of an application for
leave to appeal its decision with respect to a Development Permit, such notice
shall serve to suspend the Development Permit. The final determination of the
leave to appeal shall serve to validate, amend, or revoke, as the case may be,
the suspended Development Permit.
Expiry of Permit
(a)
If the Development authorized by a permit is not commenced within twelve (12)
months from the date of its issue, the permit is deemed void, unless an extension
to this period has previously been granted by the Development Authority.
(b)
Upon application prior to expiry, the Development Authority may grant only one
(1) extension of the effective period of a Development Permit for a period that
shall not be longer than twelve (12) months.
(c)
When a Development Permit expires, a new application must be completed. The
new application will be addressed in the same manner as a first application and
there shall be no obligation to approve the Development Permit based on the
previous approval.
(d)
In cases where a Use is to be discontinued for a period of six (6) months or
more, any subsequent Use of the land or Building shall comply with this Bylaw
and shall require a new Development Permit.
Suspension of Permit
(a)
The Development Authority may suspend a permit in instances where:
(i)
the permit was issued on the basis of incorrect information or
misrepresentation by the applicant;
(ii)
the permit was issued in error;
(iii)
it is requested to do so by the applicant; or
(iv)
the applicant fails to comply with the conditions of the approval of a
permit.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 46
SECTION 27
(1)
In the case where an application for a Development Permit has been refused pursuant to
this PART or after an appeal pursuant to the Act, as amended, the submission of another
application for a Permit on the same property and for the same or similar Use of the land
by the same or any other applicant shall not be accepted by the Development Authority
for six (6) months after the date of the previous refusal unless the Permit conforms to
the provisions of this Bylaw.
SECTION 28
(1)
DEVELOPMENT PERMIT STANDSTILL PROVISION
POWERS OF VARIANCE
In addition to the requirements of SECTION 20, when an application for a Development
Permit is submitted for a Permitted or Discretionary Use which does not comply with the
provisions of this Bylaw, the Development Authority may request a statement from the
applicant identifying the following:
(a)
that the applicant is aware that the proposal identified through the Development
Permit application involves a variance to the provisions of this Bylaw; and
(b)
why the proposed Development cannot meet the provisions of this Bylaw, and
therefore requires the proposed variance.
(2)
Development Permit applications that propose a variance from the provisions of this
Bylaw in excess of 25% will be referred by the Development Officer to the Municipal
Planning Commission for decision.
(3)
The Development Authority may approve an application for a Development Permit for a
Permitted or Discretionary Use, with or without conditions, which does not comply with
this Bylaw, if, in the opinion of the Development Authority, the proposed Development
conforms with the Uses of land prescribed in PART NINE through FOURTEEN of this
Bylaw and the proposed Development:
(a)
is consistent with the Municipal Development Plan, as amended, an applicable
Area Structure Plan, or Area Redevelopment Plan, and policies adopted by Lac La
Biche County;
(b)
is compatible with the general purpose of the District (e.g. urban or rural);
(c)
would not unduly interfere with the amenities, Use, enjoyment, or value of
Adjacent Lots;
(d)
is compatible with surrounding areas in terms of land Use and scale of
Development;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 47
SECTION 28
(4)
(e)
is appropriate given geotechnical considerations such as flooding and slope
stability;
(f)
includes factors unique to the Development, Use and Site which are not generally
common to other Development and land in the same District and which would
result in unnecessary hardship or practical difficulties for the proposed
Development to comply with the provisions of this Bylaw;
(g)
will not cause negative impacts on community services such as schools, parks,
fire protection, and health;
(h)
is consistent with municipal land, right-of-way, or easement requirements;
(i)
will not unduly interfere with the amenities of the neighbourhood; and
(j)
can be designed to mitigate impacts on Adjacent Lots.
In approving an application for a permit under SECTION 28 (1), the Development
Authority shall adhere to the general purpose and intent of the appropriate Land Use
District.
SECTION 29
(1)
POWERS OF VARIANCE continued.
APPLICATION FOR SUBDIVISION
A Subdivision application shall include the following information:
(a)
a completed Subdivision application form signed by the registered landowner, or
authorized agent;
(b)
the plan showing the proposed Subdivision or other instrument of Subdivision;
(c)
if identified by Appendix A - Plan Need Evaluation Matrix, of the Lac La Biche
County Municipal Development Plan, as amended, an Area Structure Plan or
Conceptual Scheme;
(d)
the application fee plus any additional fees for each Lot being created as per the
fees as set by Council;
(e)
a copy of the current land title (no older than thirty (30) days) for the land that is
the subject of the application; and
(f)
if money is required to be provided in place of Municipal Reserve, school reserve
or Municipal and school reserve, the applicant must provide information in
accordance with Section 667 of the Act, as amended.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 48
SECTION 29
(2)
(3)
(4)
FOR
continued.
Rural Subdivision applications may also be required to include:
(a)
a Rural Farmland Assessment of the proposed Subdivision area obtained from a
qualified Alberta Assessor; and/or
(b)
a statement describing the reasons for the application and why the land under
application is suitable for Development and being taken out of agricultural
production.
The proposed plan of Subdivision shall:
(a)
indicate the location, dimensions, and boundaries of the land to be subdivided;
(b)
clearly outline the land which the applicant wishes to register in a Land Titles
Office;
(c)
show the location, dimensions and boundaries of:
(i)
each new Lot to be created;
(ii)
the reserve land, if any;
(iii)
the rights-of-way of each Public Utility; and
(iv)
other rights-of-way.
(d)
show the Use, location, and dimensions of Buildings on the land that is the
subject of the application, if any, and specify whether the Buildings are proposed
to be demolished or moved;
(e)
show the location of any river, stream, watercourse, lake, or other body of water
that is contained within the bounds of the proposed parcel of land;
(f)
describe the Use(s) proposed for the land that is the subject of the application;
(g)
identify the location of any existing or proposed wells, the locations and type of
any private sewage disposal systems, and the distance from these to existing or
proposed Buildings and property lines; and
(h)
the existing and proposed access to the proposed parcels and the remainder of
the titled area.
The application may be made by means of an instrument other than proposed plan of
Subdivision, if:
(a)
a parcel is to be subdivided into not more than two (2) Lots;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 49
SECTION 29
(5)
FOR
continued.
(b)
no Public Roadway or reserve land is required to be provided; or
(c)
the Registrar does not require a Plan of Subdivision.
Applications made by means of an instrument other than a proposed Plan of Subdivision
shall include a sketch showing:
(a)
the location, dimensions, and boundaries of the land to be subdivided; (b)
the location, dimensions, and boundaries of each new Lot to be created;
(6)
(c)
the location and dimensions of Buildings on land that is the subject of the
application, and specify which Buildings are proposed to be demolished or
moved, if any; and
(d)
the location of any water wells and private sewage disposal systems.
The County may also require an applicant to submit any or all of the following:
(a)
a map of the land that is to be subdivided and shows topographic contours at not
greater than 1.5 m (4.9 ft) intervals related to the geodetic data;
(b)
if the proposed Subdivision is not to be served by a water distribution system,
information supported by the report of a qualified professional, registered in the
province of Alberta, respecting the provision, availability, and suitability of
potable water on or to the land to be subdivided;
(c)
an assessment of subsurface characteristics of the land that is to be subdivided
including, but not limited to, susceptibility to slumping or subsidence, depth to
water table, and suitability for any proposed on-Site sewage disposal system,
prepared and signed by a qualified professional registered in the Province of
Alberta;
(d)
a stormwater management plan (to be prepared at the discretion of the
Development Authority), which must be approved by Alberta Environment
including:
(i)
topography;
(ii)
(iii)
proposed minor drainage system (ditches/pipes/catch basin locations);
(iv)
proposed major drainage systems (direction of surface drainage);
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 50
SECTION 29
FOR
continued.
(v)
(vi)
location of outflow/outfall Structures; and
(vii)
any related modeling and calculation information.
(e)
if the land that is the subject of an application is located in a potential flood plain,
a map showing the 1:100 year flood plain;
(f)
if a proposed Subdivision is not to be served by a wastewater collection system,
information supported by the report of a qualified professional, registered in the
province of Alberta, respecting the intended method of providing sewage disposal
facilities to each Lot in the proposed Subdivision;
(g)
information respecting the land Use and land surface characteristics of land
within 0.8 km (0.5 mi.) of the land proposed to be subdivided;
(h)
if any portion of the parcel of land affected by the proposed Subdivision is
situated within 1.5 km (0.93 mi.) of a sour gas facility, a map showing the
location of the sour gas facility; and
(i)
a conceptual scheme that relates the application to future Subdivision and
Development of Adjacent areas.
(7)
All proposed parcels being created shall not, in the opinion of the Development Authority,
prejudice the future efficient Development of the remnant parcel.
(8)
The County will not accept an incomplete Subdivision application.
(9)
At the discretion of the Development Authority, the applicant may be required to conduct
a community information meeting, at the applicant’s expense, to discuss a proposed
multi-lot Subdivision.
SECTION 30
(1)
DECISIONS ON SUBDIVISION APPLICATIONS
Once the County accepts a Subdivision application as complete, the application is issued a
file number and circulated for comment. The Subdivision Authority must give a copy of
the application to Government departments, persons, and local authorities as required by
the Subdivision and Development Regulation, as amended.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 51
SECTION 30
(2)
(3)
(4)
continued.
Notice
(a)
On receipt of an application for Subdivision approval, the Subdivision Authority
must give notice of the application to Owners of the land that is Adjacent to the
land that is the subject of the application. Notice shall describe the nature of the
application, the method of obtaining further information about the Subdivision
application, and the manner in which and time within which written submissions
may be made to the Subdivision Authority.
(b)
The Subdivision Authority shall consider the comments of those persons to whom
an application for Subdivision approval is referred, but is not bound by them
unless required by the Subdivision and Development Regulation, as amended.
Decision Time Frame
(a)
A Subdivision Authority must make a decision on an application for Subdivision
within the timeframe allotted by the Subdivision and Development Regulation, as
amended; or
(b)
within the time agreed to pursuant to the Act, as amended.
Decisions
(a)
(5)
ON
A decision of a Subdivision Authority must be provided in writing to the applicant
and to the Government departments, persons, and local authorities to whom the
Subdivision Authority is required by the Subdivision and Development Regulation,
as amended, to give a copy of the application. A decision of the Subdivision
Authority must state whether an appeal lies to a Subdivision and Development
Appeal Board or to the Municipal Government Board, and if an application for
Subdivision approval is refused, the reasons for refusal.
Endorsement and Conditions Met
(a)
An applicant for Subdivision approval must submit to the Subdivision Authority
the plan of Subdivision or other instrument that effects the Subdivision within
one (1) year of either:
(i)
the date of Subdivision approval;
(ii)
the date of an appeal board’s decision; or
(iii)
the date the judgment is entered, or the appeal is discontinued by the
Court of Appeal.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 52
SECTION 30
(6)
(2)
continued.
(b)
On being satisfied that a plan of Subdivision or other instrument complies with a
Subdivision approval and that any conditions imposed have been met, the
Subdivision Authority must endorse the plan or other instrument in accordance
with the Subdivision and Development Regulation, as amended.
(c)
Council may provide up to a one (1) year time extension to the applicant for
Subdivision in order to meet conditions of Subdivision approval whether or not
the time period has expired.
(d)
If the plan of Subdivision or other instrument is not submitted within the time
prescribed or further authorized by a time extension, the Subdivision approval is
void.
Registration
(a)
If the plan of Subdivision or other instrument is not registered in a land titles
office within one (1) year after the date on which it is endorsed, the Subdivision
approval of the plan or instrument and the endorsement are void and the plan or
instrument may not be accepted by a Registrar for registration.
(b)
Council may provide a one (1) year time extension to the applicant for
Subdivision in order to register the plan or instrument whether or not the time
period has expired.
SECTION 31
(1)
ON
SUBDIVISION APPLICATION APPEAL PROCESS
The decision of a Subdivision Authority on an application for Subdivision may be
appealed:
(a)
by the applicant;
(b)
by a Government department, if the application is required by the Subdivision
and Development Regulation, as amended, to be referred to that department;
and/or
(c)
a school authority with respect to the allocation, location of, or the amount of
reserves.
An appeal pursuant to SECTION 31 (1) may be commenced by filing a notice of appeal
with the appeal board within fourteen (14) days of receipt of the written decision of the
Subdivision Authority or deemed refusal by the Subdivision Authority. The date of receipt
of the decision is deemed to be five (5) days from the date the decision is mailed.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 53
SECTION 32
(1)
(2)
Pursuant to the Act, as amended, an appeal lies to the Court of Appeal on a question of
jurisdiction or law with respect to:
(a)
a decision of the Subdivision and Development Appeal Board; or
(b)
the Municipal Government Board on a decision of an appeal under Section 619 of
the Act, as amended, an inter-municipal dispute under Part 17, Division 11 of the
Act, as amended, or a Subdivision appeal.
An application for leave to appeal pursuant to subsection (1) must be made to a judge of
the Court of Appeal within thirty (30) days after the issue of the decision sought to be
appealed, and notice of the application must be provided to:
(a)
the Municipal Government Board or the Subdivision and Development Appeal
Board; and
(b)
any other person(s) that the judge directs.
SECTION 33
(1)
COURT OF APPEAL
SUBDIVISION APPLICATION STANDSTILL PROVISION
If an application for Subdivision approval is refused, the Subdivision Authority may refuse
to accept for consideration, with respect to the same land or part of the same land, a
further application for Subdivision approval submitted to it within the six (6) month
period after the date of the Subdivision Authority’s decision to refuse the application.
SECTION 34
DEVELOPMENT AGREEMENT
(1)
The Development Authority, the Subdivision Authority, or the Subdivision and Development
Appeal Board may require, by condition of issuing a Development Permit or a Subdivision
decision, that the developer enter into a Development Agreement with the County, in
accordance with the Act, as amended, and the Municipal Development Plan, as amended.
(2)
In accordance with the Act, as amended, the Development Agreement may be registered
by a caveat against the title of the affected Lot(s) and must be discharged when the
conditions of the agreement have been fulfilled.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 54
SECTION 35
(1)
(2)
Roads
(a)
As per the Lac La Biche County General Municipal Servicing Standards, when
road construction is required, the Development Authority or the Subdivision
Authority may request asphaltic dust abatement or asphalt concrete pavement
surfacing on the road during the second year following construction, in order to
minimize initial possibilities for surface damages due to settling of the road
Grade, in accordance with the County General Municipal Servicing Standards;
(b)
The developer shall be required to provide security in the form of cash, certified
cheque or Irrevocable Letter of Credit to ensure that roads are constructed in
accordance with the Lac La Biche County General Municipal Servicing Standards;
and
(c)
The security will be refunded to the applicant, without interest, upon completion
of the road(s) to the County’s satisfaction.
Subdivision and Development:
(a)
SECTION 36
(1)
PERFORMANCE BONDS AND SECURITIES
The Subdivision Authority or the Development Authority may request a
refundable security, in an amount determined by the appropriate authority, be
provided to ensure compliance with conditions of the Subdivision approval or a
Development Permit.
COMPLIANCE CERTIFICATES
The registered owner or a person with legal or equitable interest in a property may apply
for a Compliance Certificate or a Statement Respecting Compliance for that property. A
Compliance Certificate request shall be made to the Development Authority in writing,
and shall include:
(a)
A completed Compliance Certificate Request form signed by the registered
Owner of the property in question; or
(b)
A person with legal or equitable interest in a property shall provide a Certified
Copy of Title (no older than thirty (30) days) or a letter of authorization from the
registered owner;
(c)
All distances of buildings on the Site from property lines, including distances in
between buildings, shown in metres;
(d)
An original Real Property Report bearing an original signature and produced by
an accredited Alberta Land Surveyor, dated no earlier than one (1) year prior to
the date of submittal. Lac La Biche County reserves the right to refuse to accept
an incomplete, faxed, or illegible Real Property Report; and
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 55
SECTION 36
(e)
COMPLIANCE CERTIFICATES continued.
A non-refundable application fee in accordance with a fee schedule as set from
time to time by resolution of Council.
(2)
Within thirty (30) days of receiving a complete request for a Compliance Certificate, the
Development Authority shall issue a Compliance Certificate if it is determined that all
buildings on the property, as shown on the Real Property Report, are in compliance with
this Bylaw.
(3)
Lac La Biche County may issue a Statement Respecting Compliance separate from the
Real Property Report, and based solely on the information contained within the County’s
records for the subject property. Such a Statement will contain information and a
statement that the development and/or use of the property in question may be in
conformance with this Bylaw.
(4)
The Development Authority shall notify the Owner, a person with legal or equitable
interest, or the applicant if the subject property does not comply with this Bylaw, and the
steps necessary to ensure compliance.
(5)
The Development Authority may refuse to issue a Compliance Certificate or Statement
Respecting Compliance when, in his/her opinion, he/she does not have sufficient
information from the applicant to determine if a building(s) located on a Site is (are)
located in accordance with this Bylaw or the requirements of any Development Permit
which may have been issued for the Site.
(6)
The Development Authority shall not be liable for any damages arising from the use of a
Compliance Certificate containing errors where the errors are the result of incorrect or
incomplete information on the Real Property Report submitted with the Compliance
Certificate Request form.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 56
V
AMENDMENT
SECTION 37
(1)
PURPOSE
Lac La Biche County Council may, from time to time, amend the text, schedules, or Land
Use District Maps to bring this Bylaw in conformity with the Municipal Development Plan,
as amended, or to respond to changing market conditions or needs of Lac La Biche
County residents and landowners.
SECTION 38
APPLICATION TO AMEND THE LAND USE BYLAW
(1)
All amendments to this Bylaw shall be made by the Council by bylaw and in conformance
with the Act, as amended, the Municipal Development Plan, as amended, the Lac La Biche
County and Town of Lac La Biche Intermunicipal Development Plan, relevant Area
Structure Plans, and any other Statutory Plans.
(2)
Text Amendment
(3)
(a)
Any person may apply for an amendment to the text of this Bylaw by submitting
the application fee required by the Council and a written statement to describe
and justify the rationale for the proposed text amendment.
(b)
Council may initiate a text amendment to this Bylaw by directing the
Development Authority to prepare an application.
(c)
Written submissions for text amendments must include a statement outlining the
proposed impacts of the amended Bylaw text on land Uses and Developments
throughout Lac La Biche County.
(d)
An application for a text amendment to this Bylaw shall be made to the
Development Authority for processing and referred to the Council for a decision.
Redistricting Amendment
(a)
Any person may apply to change the existing Land Use District designation of a
parcel of land through an amendment to the Land Use District Maps included in
this Bylaw by submitting the application fee required by the Council and a written
statement to describe and justify the rationale for the proposed redistricting
amendment.
(b)
Council may initiate an amendment to the Land Use District Maps included in this
Bylaw by directing the Development Authority to prepare an application.
(c)
An application for amendment may be made and shall be made to the
Development Authority for processing and referred to the Council for a decision.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 57
SECTION 38
(4)
TO AMEND THE LAND USE BYLAW continued.
Amendment Application Process
(a)
Any amendment to this Bylaw shall be made by an amending bylaw pursuant to
the Act, as amended, following a public hearing and the notification requirements
in accordance with the Act, as amended. If the proposed amendment does not
conform with adopted statutory plans, the Development Authority shall advise
the applicant that an amendment must be made to the relevant statutory plan(s)
prior to or concurrently with the amendment to the Land Use Bylaw.
(b)
An applicant may be required to submit an Area Structure Plan or Area
Redevelopment Plan for approval by the County prior to making application to
amend the Land Use District designation that applies to a particular Site(s).
(c)
Where Council may wish to exercise particular control over the Use and
Development of land or Buildings within an area of the Municipality, they may, in
the Land Use Bylaw, designate that area as a Direct Control District.
(d)
All applications for amendment shall be made to the Development Authority for
processing and referred to the Council for consideration using an application form
provided by the County and shall be accompanied by the following:
(i)
an application fee;
(ii)
a certified copy of the Certificate of Title for the lands affected, no older
than thirty (30) days;
(iii)
copies of any restrictive covenant(s) or caveats registered by the
Municipality and any other documents required by the Development
Authority to verify that the applicant has a legal interest in the land for at
least the period of time necessary to process the application to a final
decision on the amendment;
(iv)
a statement of the reasons to justify the request to amend the Bylaw;
(v)
a properly dimensioned map at an appropriate scale indicating the
property to be amended, its relationship to existing land Uses within a
one (1.0) km (0.6 mi) radius of the boundaries of the property, and any
prominent geographic or natural features;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 58
SECTION 38
TO AMEND THE LAND USE BYLAW continued.
(vi)
SECTION 39
any additional information Lac La Biche County shall require, in order to
prepare, evaluate, and make a recommendation concerning the
proposed redistricting. This may include an analysis by a qualified
professional, registered in the province of Alberta, on the potential
impact on land Use, the environment, utility services, municipal facilities,
and transportation networks if the amendment to the Bylaw will result in
an increase in density or intensification of land Use.
REVIEW PROCESS
(1)
Upon receipt of a complete Redistricting application to amend this Bylaw, the
Development Authority will provide a written notice of the application to each assessed
owner of land, Adjacent to, or wholly or partially within a minimum distance of 60.0 m
(196.9 ft) of the boundaries of the Site which is the subject of the Redistricting
application. This distance may be increased at the discretion of the Development
Authority, depending on the nature of the Redistricting application.
(2)
Upon receipt of a complete Redistricting application to amend this Bylaw, the
Development Authority will complete an evaluation of the potential impacts associated
with the proposed amendment to this Bylaw, including all potential Uses that may be
listed as Permitted or Discretionary under a proposed District.
(3)
Lac La Biche County may refer any application for a proposed amendment to any
municipal, provincial, or federal department or any other agency or body.
(4)
Lac La Biche County shall provide applicants for a land Use amendment for a nonagricultural Use to be located within 100.0 m (328.1 ft) of agricultural areas with a copy
of the Lac La Biche County Rural Code included in the County’s Municipal Development
Plan, as amended.
(5)
A report including recommendations and comments outlining potential impacts created by
the proposed land Use amendment shall be forwarded by Lac La Biche County’s Planning
and Development Department to Lac La Biche County Council for review and decision.
SECTION 40
(1)
NOTIFICATION OF PUBLIC HEARING
Where a public hearing is required by the Act, as amended, for a proposed amendment
to this Bylaw, notice of the public hearing shall be mailed or otherwise delivered by Lac
La Biche County to the Owners of all parcels which are the subject of the proposed
amendment, any abutting or Adjacent parcel, and all parcels within a minimum distance
of 60.0 m (196.9 ft) from the area that is subject to the proposed amendment and
advertised in the local newspaper as per Section 606 of the Act, as amended.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 59
SECTION 41
(1)
(2)
Council shall review the land Use amendment submission and reports and
recommendations from the Development Authority and may:
(a)
approve the proposed text amendment or redistricting as proposed;
(b)
approve the proposed text amendments or redistricting with modifications within
the scope of the limitations of the Act, as amended;
(c)
table and request further information; or
(d)
refuse the proposal.
Following a Public Hearing, during the same meeting, Council may choose to proceed with
second and third readings on any amendments to the Land Use Bylaw.
SECTION 42
(1)
AMENDMENT REVIEW BY COUNCIL
LAND USE BYLAW AMENDMENT STANDSTILL PROVISION
Where an amendment to change this Bylaw is refused, a similar application to amend the
Land Use Districting on the same Lot or a text amendment shall not be submitted until at
least six (6) months after the date of refusal, unless otherwise directed by Council
pursuant to the Act, as amended.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 60
VI
ENFORCEMENT
SECTION 43
GENERAL REGULATIONS
(1)
No person shall contravene or permit a contravention of this Bylaw.
(2)
No person shall commence or undertake a Development or Use that is not permitted in
this Bylaw.
(3)
No person shall contravene a condition of a permit issued under this Bylaw.
(4)
A Bylaw Enforcement Officer may enforce the provisions of the Act, as amended, and its
regulations, the conditions of a permit or Subdivision approval, and this Bylaw.
Enforcement may occur through a warning notice of violation, stop orders, or any other
authorized action necessary to ensure compliance.
(5)
Where any person obstructs or hinders the Development Authority or any other person in
the exercise or performance of his powers or duties under the Act, as amended, that
obstructing or hindering person shall be guilty of an offence and liable to a fine or to
imprisonment in accordance with Provincial legislation.
(6)
Any person who undertakes any Development without a Development Permit, or after a
permit has been suspended or revoked, shall discontinue such Development forthwith
upon notice in writing being issued by the Development Authority, and shall not resume
such Development unless a Development Permit has been issued or the Development
Permit is reinstated.
SECTION 44
RIGHT OF ENTRY
(1)
A Bylaw Enforcement Officer is required to provide forty-eight (48) hours notice to the
Owner or occupant of a property, in accordance with the Act, as amended, prior to
entering a property to determine if Bylaw requirements are being met.
(2)
A Bylaw Enforcement Officer may enter a property at reasonable times (generally
interpreted to mean between the hours of 7:00 AM and 10:00 PM) to determine if Bylaw
requirements are being met.
(3)
A person shall not prevent or obstruct a Bylaw Enforcement Officer from carrying out any
official duty under this Bylaw. If consent to enter a property is not provided, Lac La Biche
County may apply for an authorizing order.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 61
SECTION 45
(1)
WARNING NOTICE
A Bylaw Enforcement Officer may issue a warning notice outlining the nature of the
violation, corrective measures that must be taken, and the deadline for the completion of
the corrective measures.
SECTION 46
OFFENCES AND FINES
(1)
A person who violates the provisions of this Bylaw or permits a contravention of this
Bylaw is guilty of an offence and is liable to a fine for a first offence and each subsequent
offence as specified by Council, up to a maximum of $10,000.00.
(2)
If a fine payment is not made in accordance with SECTION 46 (1), the person is liable for
imprisonment for not more than one (1) year.
SECTION 47
(1)
(2)
Upon determination that a Development, land Use, or Use of a Building is not in
compliance with the Act, as amended, or its regulations, this Bylaw and its regulations, or
a Development Permit or Subdivision approval or the conditions of either, the
Development Authority may by written notice direct the Owner of the property, the
person in possession of the land or Building, or the person responsible for a
contravention to:
(a)
stop the Development or Use of the land or Building in whole or part as directed
by the notice;
(b)
demolish, remove, or replace the Development or Landscaping; or
(c)
carry out any other actions required by the notice for compliance.
The notice shall specify a deadline for compliance.
SECTION 48
(1)
STOP ORDERS
APPEAL OF STOP ORDERS
A person named in a stop order may appeal to the Subdivision and Development Appeal
Board.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 62
SECTION 49
ENFORCEMENT OF STOP ORDERS
(1)
In accordance with Section 542 of the Act, as amended, if a person fails to comply with
the order of a Development Officer, a Bylaw Enforcement Officer, or the Subdivision and
Development Appeal Board, a designated officer may enter on the land or Building and
take any action necessary to carry out the order.
(2)
Lac La Biche County may register a caveat against the certificate of title for the land that
is subject to the stop order, provided that the caveat is discharged when the order’s
requirements have been fulfilled.
(3)
Lac La Biche County’s costs of carrying out any actions required for compliance with a
stop order may be added to the tax roll of the land subject to the order.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 63
VII
GENERAL REGULATIONS
SECTION 50
(1)
GENERAL PROVISIONS
The general regulations included in this SECTION apply in all Districts with the exception of
agricultural Development, which is exempt from the PART VII General Regulations with
the exception of the following SECTIONS which shall apply to agricultural Development:
(a)
SECTION 54 Corner and Double Fronting Sites;
(b)
SECTION 60 Development in the Vicinity of Highways;
(c)
SECTION 61 Development near Water Bodies and Slopes; and
(d)
SECTION 70 Intermunicipal Development Plan (IDP) Area.
Where a conflict appears with regulations in other sections in this Bylaw, the general regulations
apply unless those sections specifically exclude or modify these general regulations.
SECTION 51
(1)
ACCESS, PARKING, AND LOADING
General Regulations
(a)
Where any Development is proposed, on-Site vehicle parking and loading shall be
provided and maintained by the property Owner in accordance with the
requirements of this Bylaw.
(b)
Where a Building is enlarged, or altered, or a change in the Use occurs in such a
manner as to cause a more intensive Use of that Building, provisions shall be
made for the additional parking and loading spaces in accordance with this
section. The calculations shall be based on the number of additional parking
spaces required as a result of the enlargement, alteration or change in the Use of
the Building, in addition to parking spaces that may have been removed due to
the enlargement or alteration.
(c)
All access locations and curb crossings shall be to the satisfaction of the
(d)
All on-site loading and unloading spaces shall be sited at an elevation convenient
to a major floor level in a Building or to a utility elevator serving each major floor
level.
(e)
Facilities for unloading of school buses shall be provided on school property.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 64
SECTION 51
(2)
(3)
ACCESS, PARKING, AND LOADING continued.
Number of Parking and Loading Spaces
(a)
The minimum number of on-Site vehicle parking and loading spaces required for
each Use is specified in Table 1: Parking and Loading Requirements.
(b)
Where the Development Authority or Subdivision Authority’s calculation of the
total number of parking and loading spaces yields a fractional number, the total
number of parking and loading spaces required shall be the next highest whole
number.
(c)
Where more than one calculation of parking and loading space requirements is
specified for a land Use, the greater requirement shall be applied.
(d)
Where a Development includes a mix of land Uses, the total on-Site parking and
loading requirement shall be the sum of the on-Site parking and loading
requirements for each Use, unless the applicant can demonstrate, to the
satisfaction of the Development Authority, that there is a complementary Use of
the parking facilities which would warrant a reduction in the number of off-street
vehicular parking spaces required. Where such a reduction is made, the
Development Authority shall indicate the reduction and the reasons for the
reduction on the Development Permit.
(e)
Where Table 1: Parking and Loading Requirements does not clearly define the
on-Site parking and loading requirements for a particular Development, the
parking and loading requirements will be determined at the discretion of the
Development Authority based on an evaluation of parking needs created by
similar land Uses or combination thereof.
(f)
The Development Authority may allow up to a maximum of 20% of the required
on-Site parking requirements to be provided for compact vehicles.
(g)
The Development Authority may allow a Development to provide a lesser number
of spaces as specified in this Bylaw if it can be shown, through the submission of
a Parking Impact Assessment prepared by a qualified professional in the province
of Alberta, that the standard is not applicable to the project. The applicant shall,
if required by the Development Authority, pay the Municipality a payment equal
to the cost of establishing an equivalent public parking space provided elsewhere
in the District.
On-Site Parking and Loading Development Standards
(a)
In all Districts, an on-Site parking space shall be provided as required by the
Subdivision Authority or Development Authority, unless otherwise provided for in
a particular Land Use District.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 65
SECTION 51
(b)
In all Districts, vehicular entrances and exits onto streets shall only be permitted
at locations approved by the Subdivision Authority or Development Authority in
consultation with Lac La Biche County administration. The applicant shall obtain a
permit from Alberta Transportation, as required by Alberta Transportation, for
access onto controlled roads.
(c)
Parking stalls and loading spaces shall be clearly marked in the parking facility.
Such marking shall be regularly maintained to ensure legibility to users and shall
be to the satisfaction of the Subdivision Authority or the Development Authority.
(d)
All on-Site parking and loading facilities required by this Bylaw to accommodate
two or more vehicles shall be constructed as follows:
(i)
they shall not be located within 1.0 m (3.3 ft) of a Lot boundary line
common to the Lot and to a road or highway;
(ii)
adequate access to, and exit from each parking space shall be provided
at all times to the satisfaction of the Development Authority;
(iii)
necessary curb cuts are to be located and flared to the satisfaction of the
Subdivision Authority or Development Authority;
(iv)
every on-Site parking and loading space provided, and the access
thereto, shall be hard-surfaced if the access is from a street or lane
which is hard-surfaced; in all other cases, the surfacing of the parking
area shall be to the satisfaction of the Development Authority;
(v)
parking and loading facilities used at night shall have adequate lighting for
the entire parking facility. Such lighting shall be directed away from
Adjacent residential properties and other properties where, in the opinion
of the Subdivision Authority or Development Authority, they would have
adverse effects;
(vi)
in no case shall Grades be established that would permit surface
drainage to cross any sidewalk or Site boundary without the approval of
the Subdivision Authority or Development Authority;
(vii)
on-Site parking and loading spaces shall be constructed with surface
Grades not exceeding six percent (6%);
(viii)
where parking and loading facilities for commercial or industrial Uses abut
residential Uses, the parking and loading facilities shall be screened
through a landscaped buffer sufficient to provide the residential Use with
privacy;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 66
SECTION 51
(e)
(ix)
parking for the disabled shall be provided and shall be considered as part
of the number of stalls required for the project. A minimum of five
percent (5%) of the total number of stalls shall be provided and clearly
identified for Use by the disabled;
(x)
Despite subsection (3) (d) (iv), parking for the disabled shall be located
in close proximity to the Building entrance on a relatively level surface;
(xi)
Parking for the disabled shall be provided in accordance with the Alberta
Building Code, as amended;
(xii)
Visitor parking identified in Table 1 for Apartment Housing Developments
must be readily available to an entrance to the Building and be clearly
identified as visitor parking.
(xiii)
Outdoor trash storage shall be concealed through the use of opaque
fencing or Landscaping and shall be located in a manner that will ensure
easy access to collection vehicles;
(xiv)
On-Site loading space shall be provided entirely within the Development
being served and is subject to all Setbacks and Yard requirements
outlined elsewhere in this Bylaw; and
(xv)
On-Site loading spaces shall be provided in a manner that does not result
in the need for reversing or difficult truck turn movements that may
negatively impact traffic flow in the on-Site parking and loading facility or
on roads and lanes Adjacent to the Development.
Where all or a portion of the required off-street parking cannot be provided onSite, the necessary additional off-street parking may, at the discretion of the
Subdivision Authority or Development Authority, be provided on lands within
90.0 m (295.3 ft) of the extremities of the Site subject to the following
conditions:
(i)
the lands used for additional parking shall be held under title by the Site
Owner;
(ii)
the Owner shall enter into an agreement with the County with respect to
the lands required for off-street parking and the Owner shall consent to
such agreement being registered as an encumbrance against the title of
the lands; and
(iii)
the Owner shall pay the full costs of preparation and registration of the
agreement referred to above.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 67
SECTION 51
(4)
(f)
Where a proposed Development will, from time to time, require pick-up or delivery
of commodities, adequate space for the loading and unloading of same shall be
provided and maintained on the Site to the satisfaction of the Subdivision
Authority or Development Authority.
(g)
Major and Minor Home Business and Bed and Breakfast Uses may not be
required to provide hard surfaced, on-Site parking stalls. Surfacing on these
parking stalls will be to the satisfaction of the Subdivision Authority or
Development Authority. Parking of vehicles associated with these Uses shall
generally be in a location which is not visible to Adjacent properties and Public
Roads.
(h)
The Development Authority may allow a Development to provide a lesser number
of on-Site loading and unloading spaces in the Central Commercial (C1) District if
the Development is to occupy an existing Building in the C1 District where no or
little space is available for on-Site loading and unloading spaces on the Lot.
Parking Space Dimensions
(a)
The minimum dimensions of parking spaces shall be:
(i)
BASIC STALL: 6.0 m (19.7 ft) x 2.8 m (9.2 ft)
(ii)
PARALLEL STALL: 7.0 m (23.0 ft) x 2.8 m (9.2 ft)
(b)
Parking spaces for the disabled shall have a minimum Width of 3.9 m (12.8 ft)
(c)
Each required parking space shall have a vertical clearance of at least 2.0 m
(6.6 ft)
(d)
Aisles servicing on-Site parking shall be a minimum of:
(e)
(i)
7.5 m wide for 90˚ parking;
(ii)
7.0 m wide for 75˚ parking;
(iii)
5.5 m wide for 60˚ parking; and
(iv)
3.6 m wide for 45˚ and parallel parking.
Parking and loading spaces shall be provided on-Site in accordance with Table 1:
Parking and Loading Requirements:
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 68
SECTION 51
Table 1: Parking and Loading Requirements
Use of Building
Apartment Housing
Arena (Community Facility)
Assembly Hall (Institutional Use)
Bank (Professional, Financial and Office
Support Services)
Bed and Breakfast
Billiard Hall (Intensive Recreation)
Boarding House
Bowling Alley (Intensive Recreation)
Religious Assembly (Institutional Use)
Campground (Intensive Recreation)
Child Care Facility
Clinic (Institutional Use)
Community Facility
Curling Rink (Intensive Recreation)
Eating and Drinking Facility
Golf Course (Intensive Recreation)
Home Business (Minor)
Home Business (Major)
Hospital (Institutional)
Hotel/Motel
Industrial Uses
Intensive Agriculture
Kennel (Animal Service Facility)
Library (Community Facility)
Lumber Yard/Home Improvement Centre
(Retail Store)
Neighbourhood Shopping Centre
Nursing Home (Institutional)
Office (Professional, Financial and Office
Support Services)
Personal Service Shops
Police Station (Institutional Use)
Private Club
Residential Dwelling
Retail Store
Row Housing
LAC LA BICHE COUNTY
AUGUST 28, 2012
Parking
Loading
1 per each Bachelor Suite, plus
1 per each 1 bedroom Dwelling, plus
1.5 per each 2 bedroom Dwelling, plus
1.75 per each 3 or more bedroom
Dwelling, plus
1 per 6 Dwellings for visitor parking
1 per 4 seating spaces
1 per 46.5 m2 (500 ft2)
-
2
-
1 per guest room
1 per 13.0 m2 (140 ft2)
1 per sleeping unit
3 per lane
1 per camping space
1 per employee, plus
1 pick-up/drop-off stall per 10 children
1 per 9.3 m2 (100 ft2)
1 per 9.3 m² (100 ft2)
6 per sheet of ice
6 per hole
1
2
1 per 2 beds
1 per guest room
1 per 64.0 m2 (688.9 ft2)
2 plus 1 per employee
1 per 4 animals boarded
1 per 37.2 m² (400 ft2)
1 per hectare of Site area and 1 per
37.2 m² (400 ft2) retail area
1 per 30.0 m2 (322.9 ft2)
1 per 5 beds
1 per 37.2 m2 (400 ft2)
1
-
2.5 per 100 m2
1
2
2
1 per 37.2 m (400 ft )
1 per 10 members
2 per Dwelling Unit
1 per 37.2 m² (400 ft2)
1.5 per Dwelling Unit
1
1
1
2
1
2
1
1
3
2
2
-
-
Page 69
SECTION 51
Table 1: Parking and Loading Requirements continued.
Use of Building
Schools (Community Facility)
Elementary
Jr. High
Sr. High
Parking
Loading
5
1.5 per classroom
2.5 per classroom
4 per classroom
Secondary Suite
1 per Secondary Suite
-
Senior’s Homes (Institutional)
1 per 2 Dwelling Units
1
1 per 2 employees on shift
-
Service Station
Theatre (Community Facility)
1 per 10 seats
-
Warehouse (General Industrial)
1 per 93.0 m² (1,000 ft )
1
Warehouse Sales
1 per 93.0 m2 (1,000 ft2)
3
SECTION 52
2
BARE LAND CONDOMINIUMS
(1)
A Bare Land Condominium Development must comply with Lac La Biche County’s Bare
Land Condominium Policy, as amended, along with all the general regulations of this
Bylaw, including the regulations of the applicable Land Use District.
(2)
An application for a Bare Land Condominium Development shall include a comprehensive
Site plan, in accordance with SECTION 20 (1)(c).
(3)
For the purposes of this Bylaw, a Bare Land Condominium plan is a plan of Subdivision.
(4)
Bare Land Condominium Developments shall not be permitted within any designated
Hamlet area.
SECTION 53
(1)
No Development Permit shall be issued for a Development to be served by communal
sewer or water systems until the systems have been approved by the appropriate
municipal or provincial authorities having jurisdiction. Within Lac La Biche County,
communal sewer systems will be considered under the General Municipal Servicing
Standards document.
SECTION 54
(1)
COMMUNAL WATER AND SEWER SERVICING
CORNER AND DOUBLE FRONTING SITES
In all Land Use Districts, a Site abutting onto two (2) Public Roads or more shall have a
Front Yard Setback on each Public Road in accordance with the Front Yard regulations of
this Bylaw, unless specifically altered by regulations in a particular District.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 70
SECTION 54
CORNER AND DOUBLE FRONTING SITES continued.
(2)
In Residential Districts, corner Sites shall have sides 6.0 m (19.7 ft) long Adjacent to
roads, highways, and lanes.
(3)
In Commercial and Industrial Districts, corner Sites shall have sides 4.5 m (14.8 ft) long
Adjacent to roads, highways, and lanes.
(4)
In all cases, the location of Buildings on corner Sites shall be subject to approval of the
Development Authority who may, at its discretion, relax the Front Yard Setback
requirements taking into account the location of existing Adjacent Buildings or the
permitted Setback on Adjacent Sites where a Building does not exist.
(5)
In all cases, the Site Coverage may be varied for corner or double fronting Lots.
(6)
On a corner Lot in Commercial, Mobile Home Community (MHD), Public Institutional (PI),
or Resort Recreational (RR) Districts, or at the discretion of the Development Authority,
no fence, wall, tree, hedge, deck, or other Structure exceeding 1.0 m (3.3 ft) in Height
above Grade shall be permitted in a corner visibility triangle created by the property lines
that form the corner, and a straight line connecting the two points 7.5 m (24.6 ft) back
along these property lines measured from their intersection (see Figure 2).
(7)
On a corner Lot within the Agricultural (AG), Crown Land (CL), Country Residential (CR),
Estate Residential (ES1), (ES2), (OE1), (OE2), Industrial (RI) and (HI), Natural Open
Space (NOS), or Urban Reserve (UR) Districts, or at the discretion of the Development
Authority, no fence, wall, tree, hedge, deck, or other Structure exceeding 1.0 m (3.3 ft)
in Height above Grade shall be permitted in a corner visibility triangle created by the
property lines that form the corner, and a straight line connecting the two points 20.0 m
(65.6 ft) back along these property lines measured from their intersection (see Figure 3).
Figure 2: Corner Visibility Triangle

(Commercial, Mobile Home, Public Institutional
and Resort Recreational Districts)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Figure 3: Corner Visibility Triangle
(Agricultural, Crown Land, Country and Estate
Residential, Industrial, Natural Open Space, and
Urban Reserve Districts)
Page 71
SECTION 55
(1)
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN
During the review of a Development Permit, the Development Authority may consider the
following Crime Prevention Through Environmental Design (CPTED) principles, and make
recommendations for the proposed Development:
(a)
the reduction of concealment opportunities;
(b)
the provision of lighting to minimize unlit areas;
(c)
the placement of windows to maximize informal surveillance; and
(d)
easily-identified street addresses.
SECTION 56
DECKS
(1)
An unenclosed deck higher than 0.6 m (2.0 ft) above Grade requires a Development
Permit.
(2)
An unenclosed deck identified in SECTION 56 (1) shall be located a minimum of 1.0 m
(3.3 ft) from a Side Property Line of a parcel.
(3)
Notwithstanding SECTION 56 (2), an unenclosed deck identified in SECTION 56 (1) shall
be located a minimum of 3.0 m (9.8 ft) from a Side Property Line abutting a Public Road,
other than a lane.
(4)
In all instances, an unenclosed deck identified in SECTION 56 (1) shall be located a
minimum of 3.0 m (9.8 ft) from a Rear Property Line.
(5)
A covered or enclosed deck shall be considered an addition to a Principal Building on a
Site, and all covered or enclosed decks require a Development Permit. The covered or
enclosed deck shall be included in the calculation of Site Coverage according to the
applicable Land Use District, and is required to meet the requirements of a Principal
Building for the applicable Land Use District.
SECTION 57
(1)
DESIGN, CHARACTER, AND APPEARANCE OF BUILDINGS
The Subdivision Authority or the Development Authority may, where it desires to achieve
a higher standard of design and appearance in a specific Area Structure Plan, Subdivision,
neighbourhood, or Development, require the developer to provide detailed architectural
control guidelines;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 72
SECTION 57
(2)
DESIGN, CHARACTER, AND APPEARANCE OF BUILDINGS continued.
Where the architectural control guidelines for a specific Area Structure Plan, Subdivision,
neighbourhood, or Development are required by the developer, the following elements
shall be contained in the document in order to ensure the aesthetic and functional quality
of housing:
(a)
compatibility of Lot Grading and drainage requirements within the Lot;
(b)
the placement of the Dwelling on the Site to ensure proper utilization of the land
and compatibility with surrounding Dwellings;
(c)
styling and type of Dwelling to ensure compatibility with surrounding Dwellings;
and
(d)
compatibility of exterior finish and coordination of colour relationships.
(3)
The Subdivision Authority may require at the time of Subdivision that the developer
register a restrictive covenant against the Subdivision in order to ensure ongoing
conformance with the architectural control guidelines.
(4)
In all residential Districts, the design, siting, external finish, and architectural appearance
of any Single Detached Dwelling or Mobile Home, including any Accessory Building or
Structure, shall be to the satisfaction of the Development Authority in order that there
shall be general conformity in such matters with respect to Adjacent Dwellings or
residential Buildings and that there may be adequate protection afforded to the amenities
of Adjacent properties.
(5)
In all commercial and industrial Districts, the siting, minimum Floor Area, and appearance
of all Buildings or improvements, and the Landscaping of the Site shall be to the
satisfaction of the Subdivision Authority or the Development Authority in order that there
shall be general conformity in such matters as Adjacent and Accessory Buildings, and that
there may be adequate protection afforded to the amenities of Adjacent Buildings and
property.
SECTION 58
(1)
DESIGNATED HAMLETS
The designated Hamlets for the County are:
(a)
Lac La Biche;
(b)
Beaver Lake;
(c)
Hylo;
(d)
Plamondon; and
(e)
Venice.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 73
SECTION 58
(2)
Any Development that occurs within the Hamlets must be connected to any municipal
water distribution system and sewage collection system, if available, and in accordance
with the County General Municipal Servicing Standards. The developer/owner shall be
responsible for all improvements to services required for new Developments, unless the
County considers that a cost-sharing arrangement is appropriate.
SECTION 59
(1)
DESIGNATED HAMLETS continued.
DEVELOPMENT ADJACENT TO RESIDENTIAL DISTRICTS
All Development in Other Districts Adjacent to Residential Districts shall be screened with
design and materials satisfactory to the Development Authority.
SECTION 60
DEVELOPMENT IN THE VICINITY OF HIGHWAYS
(1)
A minimum Building Setback of 40.0 m (131.2 ft) is required from the right-of-way
boundary of a highway or a County road outside of a Hamlet or Subdivision.
(2)
All highway approaches shall be developed to the satisfaction of Alberta Transportation
and Lac La Biche County. The cost of all improvements will be borne by the developer.
(3)
No Development Permit shall be issued for a Development located within 0.8 km (0.5 mi)
of the centre point of the intersection of two highways, unless permits have been issued
by Alberta Transportation and Lac La Biche County.
SECTION 61
DEVELOPMENT NEAR WATER BODIES AND SLOPES
(1)
Development near water bodies shall be bound by the relevant Watershed Management
Plan and Water Body Plans that are in place at the time of the application submission.
(2)
Notwithstanding the Land Use District regulations, Development shall not be allowed
within the distance of the high water mark Adjacent to a water body specified by the
Riparian Setback Matrix Model.
(3)
Notwithstanding the Land Use District regulations, Development shall not be allowed
within a minimum of 15.0 m (49.2 ft) Setback from the toe and crest of any slope of 15%
or greater, unless a lesser amount is identified in a Geotechnical Report prepared by a
qualified professional, registered in the province of Alberta.
(4)
The strip of land identified in SECTIONS 61 (2) and 61 (3) shall be dedicated to Lac La
Biche County as Environmental Reserve or, if the County agrees, the landowner has the
option of entering into an environmental reserve easement with Lac La Biche County. No
permanent Buildings shall be permitted within this strip.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 74
SECTION 61
DEVELOPMENT NEAR WATER BODIES AND SLOPES continued.
(5)
Notwithstanding that a proposed Development conforms in all respects with this Bylaw,
where the application is for Development on lands that are or may be subject to flooding
or subsidence, the Development Authority shall not issue a Development Permit unless
the applicant can demonstrate that preventive engineering and construction measures
will be instituted to make the Site suitable for the proposed Development.
(6)
Notwithstanding the Land Use District regulations and unless specified in the Lac La Biche
County Municipal Development Plan, as amended, no Development or tree clearing shall
be permitted within the distance from the natural boundary of a water body, top of an
escarpment bank, or from any steep slope defined by the Riparian Setback Matrix Model
unless the proposed Development is proven to be safe through engineering studies
completed by a qualified professional engineer registered in the Province of Alberta. The
Development Authority may, at its discretion, reduce the Setback requirements if the
applicant provides satisfactory study of bank stability, completed within six (6) months of
the application.
(7)
Notwithstanding the Land Use District regulations, the Development Authority may
increase the Setback requirement from a water body, an escarpment bank, or any steep
slope if the proposed Development is proven to require a greater Setback through
engineering studies or as recommended by Alberta Sustainable Resource Development.
(8)
If the Development Authority deems it necessary, any landform having to be identified in
this SECTION shall be visually identified by the Development Authority if required.
(9)
The Development Authority may require identification of slopes by survey completed by
an Alberta Land Surveyor.
SECTION 62
DIRECT CONTROL DISTRICTS
(1)
In accordance with Section 641 of the Act, as amended, Direct Control Districts are to be
applied to areas determined by the County to be unique or of special character or where
particular circumstances or difficulties are present. They are intended to ensure that land
Use and Development occurs in these areas in accordance with any applicable provisions
prescribed for such areas in a statutory plan in effect or to be put in effect to specifically
guide the implementation and administration of a Direct Control District. Pursuant to the
relevant sections of the Act, as amended, and this Bylaw, Subdivision and Development
Permit applications under Direct Control Districts will be received, considered, and decided
upon by Council, as directed by the relevant Direct Control District.
(2)
Uses will be as prescribed by Council in accordance with SECTION 62 (1) above.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 75
SECTION 62
(3)
DIRECT CONTROL DISTRICTS continued.
General Provisions
(a)
In evaluating a proposed land Use, Subdivision, or Development in a Direct
Control District, Council:
(i)
(ii)
(4)
shall have regard for, but not be limited to:
1.
the existing Use of the lands;
2.
the general and special regulations as contained elsewhere in
this Bylaw; and
3.
the land Use regulations of adjoining Land Use Districts; and
shall comply with the Act, as amended, the Subdivision and Development
Regulation, as amended, the Lac La Biche County Municipal Development
Plan, as amended, and any statutory plan or conceptual scheme in effect
specifically for the purpose of directing the implementation and
administration of this Land Use District;
(b)
All parcel regulations shall be as determined by Council who, in determining such
regulations, shall consider all information it obtains pursuant to the provisions of
this section and comply with any applicable provisions of any statutory plan in
effect.
(c)
No activity may be undertaken that would, in the opinion of Council, unduly
interfere with the amenities or materially interfere with or affect the Use,
enjoyment, or value of neighbouring properties by reason of excessive noise,
smoke, steam, odour, glare, dust, vibration, refuse matter, or other noxious
emissions or containment of hazardous materials.
(d)
The design, external finish, architectural appearance, siting, Landscaping,
Screening, and buffering of any Building or Structure shall be to the satisfaction
of Council so that there shall be general conformity in such matters with respect
to Adjacent Buildings, adequate protection afforded to the amenities of the
Adjacent residential properties, and any objectionable aspects or potential
incompatibility with other Uses and Developments in Adjacent Land Use Districts
is or can be minimized.
Application Requirements
(a)
In addition to the standard Subdivision application requirements, the applicant
shall also be required to submit a detailed Site plan, showing the proposed
location of all Developments on the subject lands.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 76
SECTION 62
(b)
(5)
Lac La Biche County may also specify the following additional application
requirements:
(i)
to determine if the lands in question are suitable for and can physically
support the Use, Subdivision, or Development in question, Council may
require, before accepting an application as complete, a geotechnical
analysis or any other engineering, environmental, or technical
assessment and information it considers necessary to properly evaluate
the application. Council will ensure that the information required is
prepared or substantiated by qualified persons licensed to practice in the
Province of Alberta;
(ii)
to the level of detail determined by Council, applicants shall fully disclose
the precise nature and extent of the proposed Use, Subdivision, or
Development, including intended hours of operation, so that their
applications can be thoroughly evaluated; and
(iii)
to assist in the comprehensive evaluation of a Direct Control District
application, Council may undertake, or require that the applicant
undertake in a manner satisfactory to Council, a polling of the Adjacent
residential and other properties.
Development and Subdivision Application Referrals
(a)
Upon receipt of a completed application pursuant to a Direct Control District,
Council may, prior to making a decision, refer the application to the Development
Officer, any municipal department, or any other external agency for comment
and may require a Surveyor’s Certificate or Real Property Report, signed by an
Alberta Land Surveyor, relating to the Building that is the subject of the
Development Permit application.
(b)
Council will consider but shall not be bound by the comments it receives from the
referrals with the exception of federal and provincial legislation with which it
must comply; and
(c)
At some point, as determined by Council, prior to deciding upon the application
before it, the Council will provide public notice, through means and to whom it
considers necessary, that a decision on a Development Permit pursuant to a
Direct Control District is to be made and the Council will afford an opportunity to
any interested person to make representations on the application and shall take
into account any such representations made when giving final consideration to
the application.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 77
SECTION 62
(6)
Conditions of Approval
(a)
Council may approve, with or without conditions, or refuse the application, giving
reasons for the refusal.
(b)
Council may also:
(i)
as a condition of approval, require that the applicant enter into a
Development agreement with the County pursuant to the Act, as
amended, and the Land Use Bylaw. To ensure compliance with the
conditions in the agreement, the County may be protected by caveat
registered in favour of the County against the title(s) of the subject
property;
(ii)
set a time period for which the agreement is to remain in effect;
(iii)
as a condition of approval, require financial guarantees, in a form and
amount acceptable to the County, from the applicant to secure
performance of any of the conditions of the approval; or
(iv)
revoke an approval in the case where satisfactory arrangements have
not been made by a developer for the supply of water, sewage disposal
and road access, or any of them, including payment of the costs of
installing or constructing any such utility by the developer.
(c)
In the case of new construction, Council may require, as a condition of approval,
that a Surveyor’s Certificate or Real Property Report, signed by an Alberta Land
Surveyor, relating to the Building that is the subject of the Development Permit
application, be submitted by the Owner/developer upon completion of the
Building foundation, or siting in the case of mobile or portable units on
permanent foundations, and prior to commencement of framing or further
structural construction to ensure that the Building is sited according to the
provisions of the Development Permit and this Bylaw.
(d)
Council may stipulate the times of day or week during which an approved Use or
Development may operate as well as the length of time its approval remains in
effect.
(e)
As a condition of approval, Council may require, to their satisfaction, that an
approved Use or Development be screened from public thoroughfares and
Adjacent residential Uses by a solid wall, fence, or other means.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 78
SECTION 62
(f)
When part of the Site is to be used for outdoor display of goods or products for
sale, lease, or hire, such display shall be arranged and maintained in a neat and
tidy manner.
(g)
Council may issue a Temporary Development Permit where Council is of the
opinion that the proposed Use is of a temporary nature.
(h)
If at any time, in the opinion of Council, any of the provisions of this Bylaw have
not been complied with, Council may utilize the enforcement mechanisms
available under the Act, as amended, and this Bylaw.
SECTION 63
ENERGY CONVERSION SYSTEMS
(1)
Lac La Biche County supports the inclusion of an energy conversion system (for wind,
solar, or geo-thermal conversion) on a Site, or incorporated into a Building or Structure
on a Site, subject to any applicable provincial or federal requirements or regulations.
(2)
Wind Conversion Systems
(a)
For the purposes of this SECTION:
BLADE means means the part of a wind energy conversion system that forms an
aerodynamic surface and revolves on contact with the wind.
BLADE CLEARANCE means the minimum distance from Grade to the tip of the blade
when that tip is at the bottom of a full 360 degree revolution and pointed down to the
ground.
GRADE means the elevation of the developed and finished ground surface at the base of
the tower.
HORIZONTAL AXIS NACELLE means a wind energy conversion system on which the
axis of the nacelle is parallel to the Grade.
NACELLE means the part of the wind energy conversion system that includes a generator,
gearbox, or yaw motor, and other operating parts that is installed at the top of the tower,
and to which the blades are attached, and is responsible for converting wind power to
energy.
TOTAL HEIGHT means the distance from Grade to the tip of a blade when that tip is at
the top of a full 360 degree revolution and is pointed up to the sky.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 79
SECTION 63
ENERGY
SYSTEMS continued.
TOWER means the vertical structure that supports the nacelle and the blade above the
ground; and
WIND ENERGY CONVERSION SYSTEM means the aggregation of parts, including but
not limited to the tower, nacelle and blade(s) that in their aggregate convert wind energy
into electrical power.
(b)
Setbacks for wind energy conversion systems and wind farms shall comply with
the following:
(i)
A wind energy conversion system shall be located so that from the
vertical production of the boundary of the title parcel on which the wind
energy conversion system is located, and when the axis of the blade is
parallel to grade, the tip of the blade is a minimum of 20.0 m (65.6 ft)
from the vertically produced line. A lesser setback requirement may be
considered at the discretion of the Development Authority where the
adjacent lands are part of the same wind farm project;
(ii)
A wind energy conversion system shall be located a distance of at least
two (2) times the total Height of the wind energy conversion system
from a dwelling that is located on the title property that the wind energy
conversion system is located on;
(iii)
A wind energy conversion system shall be located a distance of at least
five (5) times the total Height of the wind energy conversion system
from a dwelling that is located on an adjacent, separately-titled property.
A lesser setback requirement may be considered at the discretion of the
Development Authority where the adjacent lands are part of the same
wind farm project;
(iv)
Setbacks from all other non-residential Buildings shall be at the discretion
of the Development Authority;
(v)
The Setback from Property Lines adjoining a right-of-way shall be in
accordance with the District in which the right-of-way is located;
(vi)
If, in the opinion of the Development Authority, the above-noted
Setbacks will be insufficient to buffer the wind energy conversion system
from a Dwelling, road, or any other adjacent land Use, the Development
Authority may increase the required Setback;
(vii)
Setbacks from a provincial highway shall be as required by Alberta
Transportation;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 80
SECTION 63
ENERGY
SYSTEMS continued.
(viii)
Setbacks from railway facilities shall be as required by the respective
railway company; and
(ix)
In the case of a wind farm, the Development Authority may increase the
required Setbacks to address compatibility issues between the wind farm
and the aesthetic, physical, social, and visual characteristics of the
proposed wind farm location.
(c)
Wind energy conversion systems shall have a minimum blade clearance of 7.6 m
(25.0 ft) from Grade.
(d)
The following tower access requirements do not apply to wind energy conversion
system towers designed and constructed to a tubular standard that provides
internal access to the tower, and secured with a locked door for access at or near
grade. For non-tubular wind energy conversion system towers, and to avoid
improper use, trespass, and to ensure public safety, the Development Authority
will require for each wind energy conversion system approved under a
Development Permit:
(i)
that a security fence with a locking gate be installed around a wind
energy conversion system tower and any outlying guy wire anchor points
if the tower could be climbed or be subject to vandalism if no fence is
present. The fence shall not be less than 2.44 m (8.0 ft) in height, with
outward facing barbed wire at the top of the fence;
(ii)
that no ladder or other similar access device be installed on the outside
of the tower below a point 3.66 m (12.0 ft) from Grade; and
(iii)
that a locking device be installed to bar access to the top of the tower.
(e)
Subject to any federal and/or provincial regulatory requirements, the wind
energy conversion system shall have a non-reflective matte finish in a nonobtrusive and/or neutral colour, to the satisfaction of the Development Authority.
(f)
All power lines installed on the wind energy conversion system site to transfer
wind energy converted to power to be transferred to the grid shall be installed
below Grade, unless otherwise approved by the Development Authority.
(g)
When considering an application for a wind farm, the Development Authority
must have regard for:
(i)
the total number of proposed wind energy conversion system towers;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 81
SECTION 63
SYSTEMS continued.
(ii)
the overall density of the wind farm and/or Site specific densities if
density varies within the wind farm;
(iii)
the proximity of the proposed wind energy conversion system towers to
all adjacent land Uses;
(iv)
a review and evaluation of the way in which the proposed wind energy
conversion system towers in a wind farm will relate to adjacent and
other land Uses in the area to determine the overall compatibility of the
proposed wind farm, and if deemed necessary by the Development
Authority, the compatibility of individual wind energy conversion system
towers within the proposed wind farm.
(h)
The maximum density of wind energy conversion system towers in a wind farm
shall be sixteen (16) per section of land, or four (4) towers per quarter section of
land. A wind farm that requires a higher density will be required to apply for an
amendment to this Bylaw to achieve a higher standard.
(i)
The Development Authority may approve a Development Permit application that
clusters the allowed density on one quarter section or parcel of land, providing
the maximum density allowed is not exceeded. The Development Authority may
do this to meet the owner’s needs with respect to the topography of the subject
lands and the optimum location of the wind energy conversion system towers
with respect to the prevailing winds, and/or to address the concerns of adjacent
land Uses, if identified through the public consultation process.
SECTION 64
(1)
ENERGY
EXISTING SUBSTANDARD LOTS
Proposed Developments on existing substandard Lots which do not meet the provisions
of this Bylaw shall be considered by the Development Authority and Development Permits
may be issued, having regard for the limitations of the Site.
SECTION 65
FENCES/WALLS/HEDGES
(1)
Notwithstanding any regulation respecting required Yard to the contrary in this Bylaw, a
fence or hedge may be constructed along a boundary line of a Lot except within a corner
Site.
(2)
For the purposes of this SECTION, fences, walls, or hedges shall be measured from the
highest point of the abutting road or lane.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 82
SECTION 65
(3)
(4)
(5)
FENCES/WALLS/HEDGES continued.
No fence, wall, or hedge in any Residential District shall:
(a)
be higher than 2.0 m (6.6 ft) in Rear Yards and in Side Yards not abutting a
road;
(b)
be higher than 1.0 m (3.3 ft) in Front Yards and in Side Yards abutting a road;
(c)
for Residential Districts not referenced in SECTION 54 (7), be higher than 1.0 m
(3.3 ft) within 6.0 m (19.7 ft) of the intersection of lanes, roads, highways, or
any combination of them; or
(d)
include any barbed wire.
Notwithstanding subsection (3) above, where a residential Lot is in close proximity to an
arterial or a major collector road, the Development Authority may, at its sole discretion,
issue a Development Permit for a wall or fence of a greater Height subject to the
following:
(a)
No wall or fence shall be higher than 2.14 m (7.0 ft) in Rear Yards and in Side
Yards not abutting a road; and
(b)
No wall or fence shall be higher than 2.0 m (6.6 ft) in Front Yards and in Side
Yards abutting a road.
A wall, hedge, or wooden fence of not less than 1.0 m (3.3 ft) nor more than 2.14 m
(7.0 ft) in Height shall be provided along any side and Rear Lines of all apartment or Row
Housing Developments, to the satisfaction of the Development Authority.
SECTION 66
FIRE PROTECTION
(1)
All applications for Subdivision and Development shall be required to prepare a Fire
Hazard Assessment and demonstrate that the wildfire mitigation guidelines in FireSmart:
Protecting Your Community from Wildfire, have been incorporated into the proposed
Development to the satisfaction of Lac La Biche County.
(2)
All applications for Subdivision and Development shall be required to provide details of
adequate fire protection, in accordance with any approved County Fire Protection Policy.
SECTION 67
(1)
GARBAGE COLLECTION AND OUTSIDE STORAGE
Garbage collection and outside storage shall be in accordance with the Lac La Biche
County Collection, Removal, and Disposal of Waste Materials Bylaw, as amended.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 83
SECTION 68
HEIGHT
In determining whether a Development conforms to the maximum Height permissible in any
District, the following regulations shall apply:
(1)
In any District other than a residential District, the following features shall not be
considered for the purpose of Height determination: chimney stacks, either free-standing
or roof mounted; steeples, belfries, domes, or spires; monuments; elevator housings;
roof stairways; entrances; water or other tanks; ventilating equipment; skylights; fire
walls; parapet walls; receiving or transmitting Structures; masts; flag poles; clearance
markers; or other similar erections.
(2)
In any Residential District, those features specified in SECTION 68 (1) shall not be
considered for the purpose of Height determination. The maximum Height for
Communication Towers, other than those which may normally be required for adequate
local television reception, shall be the maximum Height in the District, and not the
maximum Height for Accessory Buildings specified in SECTION 83 (6).
(3)
Notwithstanding clauses (1) and (2) above, any Developments shall comply with any
requirements contained in an applicable Airport Protection Overlay governing the Height
of Buildings and Structures near an Airport.
(4)
The Development Officer shall determine Grade by selecting, from the methods listed
below, the method that best ensures compatibility with surrounding Development:
(5)
(a)
if the applicant can show by reference to reliable topographical maps that the
elevation of the Site varies by no more than one metre in 30 lineal metres
(98.4 lineal feet), the Development Officer may determine Grade by calculating
the average of the highest and lowest elevation on the Site;
(b)
the Development Officer may determine Grade by calculating the average of the
elevation at the corners of the Site prior to construction as shown on a grading
plan; or
(c)
the Development Officer may determine Grade by calculating the average
elevation of the corners of the Buildings on all properties abutting the Site or
separated from the Site by a Lane.
The applicant shall submit all information the Development Officer requires to determine
Grade by the method the Development Officer has chosen.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 84
SECTION 69
(1)
HISTORICAL AND ARCHAELOGICAL SITES
Council may, by bylaw, designate as a Municipal Historic Resource, any Site within the
Municipality that, in the opinion of Council, is an important illustration of the historic
development of the community, of the peoples of the community and their respective
cultures, or of the natural history of the community. Historical or archaeological Sites
identified pursuant to the Alberta Historical Resources Act, as amended, shall be
protected in accordance with the guidelines and regulations established by Alberta
Culture and Community Spirit. All Sites shall comply with the Lac La Biche County
Municipal Heritage Bylaw No. 2008-042, as amended.
SECTION 70
INTERMUNICIPAL DEVELOPMENT PLAN (IDP) AREA
(1)
One (1) Intermunicipal Development Plan (IDP) area is recognized in this Bylaw: the Lac
La Biche County and Town of Lac La Biche Intermunicipal Development Plan Area.
(2)
Development, land Use and Subdivision within the identified boundaries of the respective
IDP area will be guided by the Lac La Biche County Municipal Development Plan, as
amended, and the Lac La Biche County and Town of Lac La Biche Intermunicipal
Development Plan.
SECTION 71
(1)
Purpose
(a)
(2)
LANDSCAPING REQUIREMENTS
The purpose of this SECTION is to improve the visual quality and reduce
potential land Use conflicts in Lac La Biche County’s residential, commercial,
recreational, and institutional Districts along with industrial Development in
prominent locations.
General Provisions
(a)
Where Landscaping is required by this Bylaw or by the Development Authority,
no Development shall begin unless:
(i)
the Development Authority has approved a Landscaping plan; and
(ii)
the required security for the Landscaping, in accordance with this
section, has been submitted to the satisfaction of the Development
Authority.
(b)
Where possible, existing Landscaping or natural vegetation shall be preserved
and included on the Landscaping plans mentioned in subsection 2(a)(ii).
(c)
If plant material required by the Development Authority is inappropriate or fails
to survive, the Development Authority will consider alternative plant materials.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 85
SECTION 71
(3)
(4)
continued.
(d)
When Landscaping or planting is a condition of the approval of a Development
Permit, all such Landscaping and planting must be carried out, to the satisfaction
of the Development Authority, within one (1) year of the occupancy or the
commencement of an operation of the proposed Development.
(e)
All landscaping shall meet the requirements of the guidelines established in
FireSmart: Protecting Your Community from Wildfire.
Landscaping Requirements for Parking Facilities
(a)
A parking and loading area for a Development in a commercial District or
industrial Development in a prominent location requiring two (2) or more parking
spaces and which is Adjacent to a residential District shall have a landscaped
buffer between Uses. The location, planting type, thickness, and Height of the
landscaped buffer will be at the discretion of the Development Authority.
(b)
A parking and loading area for a commercial Use or industrial Use in a prominent
location requiring twenty (20) or more parking spaces shall include landscaped
areas within the parking Lot.
(c)
Landscaped areas shall be provided in the minimum amount of 1.0 m2 (10.8 ft2)
per required on-Site parking space. The landscaped areas shall be provided
throughout an on-Site parking Lot and shall not be provided in one single
landscaped area.
Landscaping Requirements for Specific Districts
(a)
(b)
In the Mobile Home Community (MHD) District, the following Landscaping
requirements shall apply:
(i)
All open areas and common areas shall be fully landscaped to the
satisfaction of the Development Authority within two (2) years of the
issue of the Development Permit for the Park or for the individual
manufactured homes. This shall include the Yard areas of each stall.
(ii)
Screen fences or walls shall be erected around laundry yards, refuse
collection areas, and storage areas to the satisfaction of the
In all Commercial and Industrial Districts, the following Landscaping
(i)
Commercial Developments in, or Adjacent to, Residential Districts shall
be screened from view by means of a fence, not less than 1.5 m (4.9 ft)
and not more than 2.1 m (6.9 ft) in Height, which shall be designed and
constructed to the satisfaction of the Development Authority.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 86
SECTION 71
(c)
continued.
(ii)
Landscaping shall be provided for 10% of the Lot for Commercial
Developments in or Adjacent to Residential Districts.
(iii)
All Yards, Setbacks, and buffer strips in Commercial and Industrial
Districts shall be landscaped to the satisfaction of the Development
Authority. Details of such Landscaping shall be included in Development
Permit applications for all Developments in these Districts.
In the Parks, Recreation, and Open Space (P) District, the Public/Institutional (PI)
District, and the Urban Reserve (UR) District, the following Landscaping
(i)
(5)
Landscape Strips
(a)
(6)
Landscaping shall be provided as required by the Development Authority.
In Commercial Districts and industrial Development in prominent locations, a
landscaped strip with a Width of no less than 2.0 m (6.6 ft) shall be provided in
Front Yards and flanking Side Yards.
Landscape Construction Specifications
(a)
All plant materials included in Landscaping plans shall be tolerant to the climactic
conditions in Lac La Biche County.
(b)
Existing Landscaping or natural vegetation that is retained through Development
must be protected to the furthest extent of the drip line. The final Grading of the
Site should not alter the existing Grade within the root zone more than 0.2 m
(0.7 ft).
(c)
Tree species included on Landscaping plans shall meet the following
specifications:
(i)
tree species at maturity shall have an average spread of crown greater
than 3.0 m (9.8 ft);
(ii)
deciduous trees shall be at least 60 mm (2.4 in) caliper at time of
planting;
(iii)
coniferous trees shall have a minimum Height of 2.5 m (8.2 ft) at time of
planting;
(iv)
coniferous shrubs shall have a minimum spread of 0.50 m (1.6 ft) at time
of planting; and
(v)
deciduous shrubs shall have a minimum Height of 0.50 m (1.6 ft) at time
of planting.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 87
SECTION 71
(7)
Landscaping Security
(a)
The applicant shall calculate Landscaping costs based on the information
provided on the landscape plan. If the Development Authority does not accept
the costs identified by the applicant, the Development Authority may determine a
different Landscaping cost for the purpose of determining the Landscaping
security.
(b)
The Development Authority may require, as a condition of a Development Permit,
that the applicant provide a security to ensure that Landscaping is provided and
maintained for two growing seasons. The security may take the following forms:
(c)
(d)
SECTION 72
(1)
continued.
(i)
cash to a value equal to one hundred percent (100%) of the established
Landscaping costs; or
(ii)
an irrevocable letter of credit having the value equivalent to one hundred
percent (100%) of the established Landscaping costs.
Upon application, a letter of credit may be amended to a reduced amount, for
attachment to the original letter of credit, at the discretion of the Development
Authority, when any of the following events occur to the satisfaction of the
Development Authority:
(i)
the required Landscaping has been properly installed; and
(ii)
the required Landscaping has been well maintained and is in a healthy
condition after one (1) growing season.
In the event the applicant does not complete the required Landscaping, or if the
Owner fails to maintain the Landscaping in a healthy condition to the satisfaction
of the Development Authority for the specified periods of time and the cash or
the proceeds from the letter of credit are insufficient for Lac La Biche County to
complete the required work, should it elect to do so, then the applicant shall pay
the deficiency to Lac La Biche County immediately upon being invoiced.
LIGHTING
Any outdoor lighting for any Development shall be located and arranged so that no direct
rays of light are directed at any adjoining properties, interfere with the use and
enjoyment of neighbouring lands, or interfere with the effectiveness of any traffic control
devices.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 88
SECTION 73
(1)
MULTIPLE DWELLING DEVELOPMENTS
Before any application for Development of Row Housing or Apartment Housing can be
considered, the applicant must submit to the Development Authority, in addition to those
requirements of SECTION 20 of this Bylaw:
(a)
design plans and working drawings, including elevations; and
(b)
Site plans showing the proposed:
(i)
location and position of Structures on the Lot, including any signs;
(ii)
location and number of parking spaces, exits, entries, and drives;
(iii)
location of an access to garbage storage areas; and
(iv)
Landscaping plan of the entire Site which shall also show intended
fencing and surfacing for drives and parking areas.
(2)
The aforementioned plans will append the application. If the Development Permit is
approved, the plans shall be deemed conditions of approval.
(3)
Matters such as architectural appearance, and the provision of adequate light, air,
privacy, and Landscaping, shall be shown upon the Site plans of the whole Development,
and shall be carried out to the satisfaction of the Development Authority.
SECTION 74
(1)
(2)
PROHIBITED OR RESTRICTED GOODS AND ANIMALS
No person shall keep or permit in any Residential, Commercial, Recreational,
Public/Institutional, Natural Open Space (NOS), or Urban Reserve (UR) District:
(a)
any dismantled or wrecked vehicle for more than fourteen (14) successive days;
(b)
any object which, in the opinion of the Development Authority, is unsightly or
tends to adversely affect the amenities of the Land Use District;
(c)
any excavation or any storage or piling up of materials required during the
construction stage, unless all necessary safety measures are undertaken. The
Owner of such materials or excavations assumes full responsibility to ensure the
situation does not prevail any longer than reasonably necessary to complete a
particular stage of construction; and
(d)
in Hamlet areas, a commercial vehicle, loaded or unloaded, of a maximum weight
in excess of 4,000 kg (8,818 lbs).
No person shall keep or permit in any part of any Front Yard in any Residential District a
commercial, recreational, or agricultural vehicle, unless the vehicle is parked on a
driveway.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 89
SECTION 74
PROHIBITED OR RESTRICTED GOODS AND ANIMALS continued.
(3)
In Commercial, Industrial, or Special Purpose Districts, no business shall keep in any part
of any Lot any object which, in the sole opinion of the Development Authority, may
adversely affect the amenities of the District or of Adjacent Uses.
(4)
No fur bearing animals or Livestock other than domestic pets shall be permitted within
designated Hamlets.
(5)
No Use shall be allowed which may be Offensive (in sight, smell, noise, light emission, or
anything which may adversely affect a neighbouring Owner, tenant, or Municipality) in
the opinion of the Development Authority, to a neighbouring Owner, tenant, or
Municipality.
(6)
Horse holding areas may be permitted on Crown land if authorization is granted by
Alberta Sustainable Resource Development.
(7)
Horse holding areas may be permitted within the Resort Recreational (RR), Rural
Industrial (RI), and Urban Reserve (UR) Districts if authorized by the Development
Authority.
(8)
The keeping of animals in all residential Districts shall be governed by SECTION 100 (6).
SECTION 75
(1)
PROJECTION INTO YARDS
In Residential Districts, except as provided in this part, and except for fences as noted in
SECTION 65 of this Bylaw, no portion of a Building shall be located or project into a
required Yard.
(a)
Front Yards
The following features may project into a required Front Yard:
(i)
steps, eaves, gutters, sills, and chimneys, or other similar projections,
with the amount of the projection to be as allowed by the Development
Authority;
(ii)
canopies over entrances to Buildings, provided such projections are
cantilevered and do not exceed 1.0 m (3.3 ft);
(iii)
notwithstanding SECTION 56, unenclosed decks less than 0.6 m (2.0 ft.)
in Height may project a maximum of 2.0 m (6.6 ft.) into a Front Yard;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 90
SECTION 75
PROJECTION INTO YARDS continued.
(iv)
(v)
(b)
exterior balconies on apartments provided that:
1.
they are cantilevered and not enclosed, and designed as an
integral part of the Building; and
2.
they do not project more than 2.0 m (6.6 ft) into the Front Yard;
and
any other features which, in the opinion of the Development Authority,
are similar to the foregoing.
Side Yards
The following features may project into a required Side Yard; except where a
Side Yard of 3.0 m (9.8 ft) is required for vehicular passage:
(i)
steps, chimneys, and sundecks, provided such projection does not
exceed 50% of the Width of the required Side Yard;
(ii)
eaves, gutters, and sills or other similar projections, with the amount of
the projection to be as allowed by the Development Authority;
(iii)
canopies over entrances to Buildings, provided such projections are
cantilevered and do not exceed 1.0 m (3.3 ft);
(iv)
notwithstanding SECTION 56, unenclosed decks less than 0.6 m (2.0 ft.)
in Height may be developed adjacent to a Side Property Line;
(v)
exterior balconies on apartments provided that:
(vi)
1.
they are cantilevered and not enclosed, and designed as an
integral part of the Building; and
2.
they do not project more than 1.0 m (3.3 ft) into a required Side
Yard and in no case are closer than 2.0 m (6.6 ft) to a Side Line;
and
any other features which, in the opinion of the Development Authority,
are similar to the foregoing.
(2)
Notwithstanding SECTION 56, unenclosed decks less than 0.6 m (2.0 ft.) in Height may
be developed adjacent to a Rear Property Line.
(3)
In Commercial, Industrial, and Special Purpose Districts, no portion of any Building shall
project onto or into a required Yard.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 91
SECTION 76
PROTECTION FROM EXPOSURE HAZARDS
(1)
The location of any anhydrous ammonia (AA) or liquefied petroleum gas (LPG) storage
tank with a water capacity exceeding 9,000 litres shall be in accordance with the
requirements of the Development Authority, but in no case shall be less than a minimum
distance of 190 m (623.4 ft) from assembly, institutional, commercial, or residential
Buildings. For all such containers, the Development Authority shall refer to the regulations
under the Safety Codes Act, as amended.
(2)
Flammable liquids storage tanks at bulk plants or Service Stations shall be located in
accordance with regulations under the Safety Codes Act, as amended.
(3)
Setbacks from pipelines and other utility corridors shall be as required by the
Development Authority and the appropriate Provincial legislation or regulations.
SECTION 77
(1)
RELOCATION OF BUILDINGS
Written approval, in the form of a Development Permit, by the Development Authority is
required, subject to SECTION 18 of this Bylaw, to:
(a)
place on a Lot a Building which has previously been erected or placed on a
different Lot; or
(b)
alter the location on a Lot of a Building which has already been constructed on
that Lot;
unless the relocation is the result of an order from the County.
(2)
(3)
An approval shall not be granted under SECTION 77 (1) unless the Development
Authority is satisfied that:
(a)
the placement or location of the Building would meet the requirements of this
Bylaw; and
(b)
based on information required from the applicant relating to the age and
condition of the Building, that the Building and the Lot meet the requirements of
this Bylaw and the Land Use District in which it is proposed to be located.
The relocation of a Building within the Agricultural District (AG) does not require the
approval of the Development Authority.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 92
SECTION 78
SERVICING REQUIREMENTS
(1)
All residences shall provide sewage disposal facilities to the satisfaction of the
Development Authority, including compliance with the Alberta Private Sewage System
Standard of Practice, the Lac La Biche County Water and Sewer Connection Area Policy,
as amended, and obtaining the necessary permits. Communal sewage collection and
disposal systems shall be reviewed by Council and shall not be allowed unless the County
is satisfied that such systems will not require financial or other support from the County
in the future.
(2)
The availability and suitability of on-Site water shall be confirmed and provided in
accordance with the Public Health Act, as amended, and to the satisfaction of the
Development Authority. Communal water systems shall not be allowed unless the County
is satisfied that the system meets all provincial regulations and will not require financial
or other support from the County in the future.
(3)
Storm drainage facilities shall be provided to the satisfaction of the Development
Authority and/or shall be approved by Alberta Environment as required.
(4)
Developments within the area identified by the Lac La Biche County Water and Sewer
Connection Area Policy, as amended, shall provide water and sanitary sewer services in
accordance with the requirements of that policy.
SECTION 79
SITE CONDITIONS
(1)
The Development Authority may require Screening for Uses which involve the outdoor
storage of goods, machinery, vehicles, Building materials, waste materials, and other
similar Uses.
(2)
The Development Authority, in considering an application, may impose conditions requiring
the retention of trees, additional planting, or other Screening of such a type and extent
that is considered necessary.
(3)
No obstructions to visibility shall be permitted within 30.0 m (98.4 ft) of the intersection
of two (2) roads without permission from the Development Authority, except as provided
for in this Bylaw.
(4)
No person shall bury any garbage or similar debris on a construction Site.
(5)
The location of any shelter belts shall be determined by the Development Authority.
(6)
Further to SECTION 80, a Development Permit is required before the commencement or
continuation of the removal of topsoil and such Permits shall only be granted where it is
shown to the satisfaction of the Development Authority that the land will not be adversely
affected by removal. The Development Authority may refer any application for removal of
topsoil to any appropriate Provincial agency for comment before consideration.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 93
SECTION 80
STRIPPING, EXCAVATION, AND GRADING
(1)
In Hamlet areas, no person shall commence or continue the removal or excavation of
topsoil without first obtaining a Development Permit. Conditions of a Development Permit
approving topsoil removal shall require that a minimum topsoil coverage of 15.0 cm
(5.9 in) shall be maintained and the affected area shall be landscaped to the satisfaction
of the Development Authority, including appropriate conservation measures.
(2)
The Development Authority shall consider every application to excavate land as a
Permitted Use within the designated Land Use District of this Bylaw which affects the
subject land. No person shall commence or continue the stripping, excavation, and
Grading without first obtaining a Development Permit.
(3)
For the purpose of this section, excavation shall mean excavation other than for
construction or Building purposes, including, but not limited to, sand and gravel mining,
topsoil stripping, peat moss, and construction of artificial bodies of water.
(4)
An application for a Development Permit for the excavation, stripping, or Grading of land,
which is proposed without any other Development on the same land, shall include the
following information:
(a)
location of the Lot, including the municipal address if any, and legal description;
(b)
the area of the Lot on which the Development is proposed;
(c)
the type of excavation, stripping, or Grading proposed, showing dimensions of
the operation or the area of the land and depth to which the topsoil is to be
removed;
(d)
location on the Lot where the excavation, stripping, or Grading is to be made on
the Lot;
(e)
the condition in which the excavation, stripping, or Grading is to be left when the
operation is complete or the Use of the area from which the topsoil is removed;
(f)
information relating to the existing land Uses and vegetation;
(g)
a stormwater drainage plan;
(h)
information relating to the proposed timing and phasing program;
(i)
identification of the outdoor noise and the discharge of substances into the air;
(j)
a plan showing land reclamation proposals, where applicable, upon the eventual
completion of the operation; and
(k)
an explanation of the precautions to be taken to ensure minimal dust and
environmental disturbance.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 94
SECTION 80
(5)
STRIPPING, EXCAVATION, AND GRADING continued.
As per Section 3 of the Soil Conservation Act S-15 RSA 2000, as amended, landholders
shall, in respect of the landholder’s land, take appropriate measures:
(a)
to prevent soil loss or deterioration from taking place; or
(b)
if soil loss or deterioration is taking place, to stop the loss or deterioration from
continuing.
(6)
Where, in the process of Development, areas require levelling or filling, the topsoil shall be
removed before work commences, and shall be stockpiled and replaced following the
completion of work. Upon occupancy of a Development, the minimum topsoil coverage of
15 cm (5.9 in) shall be provided.
(7)
Where certain commercial or industrial Developments are concerned, replacement of
topsoil may not be necessary. However, topsoil shall be removed prior to permanent
construction, paving, or gravelling operations in areas for loading zones, display, or
parking lots and driveways, etc.
SECTION 81
(1)
TEMPORARY DEVELOPMENT
Where a Development Permit application is made for a Temporary Development, the
Development Authority shall require the applicant to enter into an agreement with the
County guaranteeing the removal or cessation of the Temporary Development when the
authorized Use is changed, discontinued, or a pre-determined time limit for that Use is
reached. The County will also require the applicant to provide security, in an amount
acceptable to the Development Authority, to ensure that the terms of the agreement are
carried out.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 95
VIII SPECIAL LAND USE PROVISIONS
SECTION 82
(1)
APPLICABILITY
Agricultural Development is exempt from PART VIII Special Land Use Provisions with the
exemption of the following sections:
(a)
SECTION 83 (8) Private Swimming Pools and Hot Tubs
(b)
SECTION 92 Dwelling Units Permitted Per Lot
(c)
SECTIONS 100 (1) and 99 (2) Residential Subdivisions
SECTION 83
ACCESSORY BUILDINGS AND STRUCTURES
(1)
Where an Accessory Building is attached to the Principal Building by a roof, an open or
enclosed Structure, except carports where vehicular access to the Rear Yard is not
obstructed, said Accessory Building is to be considered part of the Principal Building and
not as an Accessory Building, and subsequently shall adhere to the appropriate Principal
Building Setback regulations.
(2)
Accessory Uses and Buildings are Permitted in a District when Accessory to a Principal
Use which is a Permitted Use in that same District and for which a Development Permit
has been issued.
(3)
Accessory Uses and Buildings are Discretionary in a District when Accessory to a Principal
Use which is a Discretionary Use in that same District and for which a Development
Permit has been issued.
(4)
In Hamlet areas, an Accessory Building or Use is not permitted without a Principal
Building or Use (as identified by the District of the subject parcel) being developed on a
Site.
(5)
Accessory Buildings and Structures shall not be constructed over a registered easement
or utility right-of-way.
(6)
Height
(a)
On parcels smaller than 0.4 ha (1.0 acre) in Hamlet areas, Accessory Buildings
and Structures shall not exceed one (1) Storey nor 4.57 m (15.0 ft) in Height
from the inside wall Grade to the top of the roof.
(b)
On parcels larger than 0.4 ha (1.0 acre) in Hamlet areas and in the Country
Residential (CR) District, Accessory Buildings and Structures shall not exceed one
(1) Storey nor 5.49 m (18.0 ft) in Height from the inside wall Grade to the top of
the roof.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 96
SECTION 83
(7)
ACCESSORY BUILDINGS AND STRUCTURES continued.
(c)
On parcels in the Agricultural District, there shall be no maximum Height for
Accessory Buildings or Structures, subject to the provisions of
SECTION 83 (6)(e).
(d)
The maximum Height for Garage Suites and Garden Suites shall be in accordance
with SECTION 93.
(e)
The maximum Height for Accessory Buildings and Structures in all other Districts
shall be as identified in the applicable District for a parcel.
(f)
In Hamlet areas and in the Country Residential (CR) District, the maximum
Height for Accessory Buildings and Structures on a Site shall not exceed the
maximum Height of the Principal Building on the same Site.
(g)
The Development Authority shall have regard for the following in determining
discretionary Height:
(i)
the topography of the property upon which the Accessory Building is or is
to be situated as well as the topography of immediately Adjacent
properties and the surrounding area shall be considered to ensure that
the sight lines and view angles of the subject property and Adjacent
property are not unduly obstructed by the Height of the Accessory
Building;
(ii)
the Height of an Accessory Building shall be in proportion with the
principal and Accessory Buildings on immediately Adjacent properties as
well as in keeping with the neighbourhood itself;
(iii)
the Height of an Accessory Building shall be such that the Accessory
Building, in relation to the Principal Building, does not visually dominate
the property; and
(iv)
the fire safety provisions of the Alberta Safety Codes Act S-1 RSA 2000
regulations, as amended, and the capacity and availability of fire fighting
equipment and personnel.
Siting of Buildings
(a)
In all residential Districts, detached garages, carports, and other Accessory
Buildings shall be located:
(i)
a minimum of 2.0 m (6.6 ft) from the Dwelling provided that both
Buildings meet the requirements of the Alberta Safety Codes Act S-1 RSA
2000, as amended;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 97
SECTION 83
(8)
(ii)
no closer to the Front Property Line than the front line of the Principal
Building. This regulation may be relaxed for garages and carports only
where, at the discretion of the Development Authority, insufficient
Setbacks exist to place the Building in the Rear Yard or Side Yard. In no
case however, shall the Building encroach beyond the Front Yard
Setback;
(iii)
notwithstanding clause (ii) above, where parcels in a residential District
are located Adjacent to a lakeshore, the Development Authority may
allow the location of accessory Structures to be closer to the Front
Property Line than the front line of the Principal Building. In no case
however, shall the Building encroach beyond the Front Yard Setback;
(iv)
no closer than 1.0 m (3.3 ft) to the Rear Property Line provided there is
no encroachment of any part of the Building onto Public Utility
easements or into Adjacent property maintenance easements;
(v)
where the vehicle approach faces an abutting lane, the garage or carport
shall be no closer than 5.0 m (16.4 ft) to the lane;
(vi)
no closer than 1.0 m (3.3 ft) to the Side Property Line excepting where an
agreement exists between the Owners of adjoining properties to Building
their garages centered on the property line, in which case a fire wall shall
be constructed to the requirements of the Alberta Safety Codes Act S-1
RSA 2000 regulations, as amended; and
(vii)
shall not be located in a Side Yard which abuts a Public Roadway, other
than a lane, or a highway.
Private Swimming Pools and Hot Tubs
(a)
Privately-owned swimming pools or hot tubs shall be sited as per the siting
requirements for Accessory Buildings.
(b)
Every privately-owned swimming pool and hot tub shall be secured against entry
by the public other than Owners, tenants, or their guests.
(c)
No privately-owned swimming pool or hot tub shall be constructed unless a fence
is provided on some portion of the property, except that a wall of a Building may
be considered to provide adequate protection for its length when substituted for
any portion of the fence.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 98
SECTION 83
(d)
(9)
(10)
Every fence enclosing a swimming pool or hot tub shall be at least 1.7 m (5.5 ft)
in Height above the level of the Grade outside the enclosure and shall be of
approved design such that it will deter children from climbing over or crawling
through or under it to gain access. Gates in the fence shall provide protection
equivalent to the fence and shall be equipped with a self-latching device located
on the inside of the gate.
Additional Regulations
(a)
Notwithstanding any provision in this SECTION, no Accessory Building or
Structure shall be permitted that, in the opinion of the Development Authority,
will serve to restrict access to the Rear Yard where a property has vehicular
access from the Front Yard only and where one Side Yard Setback of 3.0 m
(9.8 ft) has been provided to accommodate a driveway for vehicular passage and
general access to the rear of the property.
(b)
Accessory Buildings and Structures shall not be used as Dwellings.
(c)
Accessory Buildings and Structures shall be developed in a manner that achieves
architectural compatibility with the Principal Building on the Site.
(d)
Accessory Buildings and Structures shall satisfy the siting requirements as
established in SECTION 83 (7). The siting of Accessory Buildings or Structures on
a parcel with an irregular shape shall be at the discretion of the Development
Authority.
(e)
Flag poles may be located in Front Yards to the satisfaction of the Development
Authority.
(f)
The total area of all Accessory Buildings on a Lot shall not exceed twelve percent
(12%) of the area of the Lot.
(g)
The siting of Accessory Buildings and Structures in all Commercial, Industrial, and
Special Purpose Districts shall be at the discretion of the Development Authority.
Additional information regarding Accessory Buildings for which a Development Permit is
not required can be found in SECTION 18.
SECTION 84
(1)
AIRPORT VICINITY PROTECTION OVERLAY
The purpose of this overlay is to protect Development within areas adjacent to an Airport
by avoiding conflicts from incompatible land use and Development, as shown on Figure 4
below.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 99
SECTION 84
(2)
(3)
(4)
AIRPORT VICINITY
OVERLAY continued.
Permitted and Discretionary Uses are the same as those in any underlying District subject
to this overlay, unless they are prohibited by this overlay because they will cause
objectionable or dangerous conditions that would interfere with the safe operation of an
Airport facility by reason of causing excessive:
(a)
Discharge of toxic, noxious, or other particulate matter into the atmosphere;
(b)
Radiation or interference by the use of electronic equipment such as industrial xray, diathermy equipment, or equipment for commercial purposes that causes
electrical interference with navigational signals or radio communications;
(c)
Conflicting aircraft movements from private Airports;
(d)
Fire and explosive hazards;
(e)
Accumulation of any material or waste edible by, or attractive to, birds; and/or
(f)
Development that creates glare or lighting that interferes with lights necessary
for aircraft landing or take-off.
The Development regulations of any underlying District subject to this overlay apply,
except the maximum Building Height for any Use and Development, including all
appurtenances and/or temporary construction equipment, shall not penetrate the
following surfaces for those Airports as shown on Figure 4 below:
(a)
The inner horizontal surface: a plane established at a consistent elevation of
45.73 m (150.0 ft) above the Airport reference point (centre of runway) and
extending outwards to a radius of 2438.4 m (8,000.0 ft);
(b)
The conical surface: a surface extending outward and upward from the outer rim
of the inner horizontal surface at a 1:20 slope to 76.21 m (250.0 ft) above the
level of the inner horizontal surface;
(c)
The take-off/approach surface: inclined planes diverging at 10% outwards from
the threshold limit (the beginning of that portion of the runway usable for
landing) at a slope of 1:25 until they intersect the conical surface;
(d)
The transitional surfaces: inclined planes diverging outwards at a slope of 1:5
from the sides of the take-off/approach surfaces until it intersects the inner
horizontal surface; and
Notwithstanding SECTION 84 (3), these Height limitations may be penetrated if an
aeronautical study satisfactory to the Development Officer determines that the
penetration would not adversely affect safety.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page
SECTION 84
AIRPORT VICINITY
OVERLAY continued.
Figure 4: Airport Protection Overlay Area
SECTION 85
ANIMAL SERVICE FACILITIES
(1)
Animal Service Facilities shall not be located within a Hamlet.
(2)
Pens, rooms, exercise runs, and holding stalls shall be soundproofed to the satisfaction of
the Development Authority.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page
SECTION 85
ANIMAL SERVICE FACILITIES continued.
(3)
All facilities shall meet any applicable public health regulations.
(4)
Animal Service Facilities shall comply with Lac La Biche County’s Animal Control Bylaw, as
amended.
(5)
No facility or exterior exercise area used to accommodate the animals shall be located
within 25.0 m (82.0 ft) of any property line of the parcel on which the facility is to be
sited.
(6)
All exterior exercise areas, such as runs, shall be enclosed with a fence acceptable to the
Development Authority with a minimum Height of 1.8 m (5.9 ft).
(7)
All facilities, including Buildings and exterior exercise areas, shall be sited behind the
Principal Building on the Site, unless otherwise approved by the Development Authority.
(8)
All facilities must be visually screened from existing Dwellings on adjoining Lots to the
(9)
The Development Authority may regulate the hours at which the animals are allowed
outdoors.
(10)
The maximum number of dogs to be kept on a Site shall be at the discretion of the
Development Authority. In determining the number of dogs, pups less than six (6)
months of age shall not be included.
SECTION 86
BED AND BREAKFAST AND GUEST RANCH ESTABLISHMENTS
(1)
If the Development Authority determines that a Bed and Breakfast or Guest Ranch could
affect or be affected by the integrity or capacity of an existing or proposed on-Site
sewage disposal system associated with the subject Single Detached Dwelling or Mobile
Home, the Development Authority shall require that the Development Permit application
be accompanied by supporting documentation prepared by a qualified person attesting to
the integrity and capacity of the existing or proposed on-Site sewage disposal system to
accommodate the existing and additional demand on the system.
(2)
If it is shown that the existing or proposed on-Site sewage disposal systems cannot
accommodate the existing and additional demand on the system, the Development
Authority shall not approve the Bed and Breakfast or Guest Ranch.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 102
SECTION 86
(3)
BED AND BREAKFAST AND GUEST RANCH ESTABLISHMENTS continued.
In addition to all other regulations of this Bylaw, a Bed and Breakfast or Guest Ranch
shall comply with the following standards:
(a)
A Bed and Breakfast or Guest Ranch shall be operated by a live-in Owner of the
Dwelling Unit on a parcel as a secondary Use to a Dwelling Unit only.
(b)
In the Hamlet of Lac La Biche, the maximum number of commercial
accommodation units in a Bed and Breakfast operation shall be limited in
accordance with the parking requirements identified in SECTION 51.
(c)
The only meal to be provided to registered guests shall be breakfast. No food
preparation or cooking for guests shall be conducted within any bedroom made
available for commercial accommodation. All facilities shall meet public health
regulations and be kept in a manner satisfactory to the health regulatory
authority.
(d)
No commercial accommodation units shall include a kitchen.
(e)
In addition to other parking regulations identified in this Bylaw, in the Hamlet of
Lac La Biche, 0.5 additional vehicular parking spaces shall be provided on-Site for
each commercial accommodation unit. Outside of the Hamlet of Lac La Biche, 1.0
additional vehicular parking space shall be provided on-Site for each commercial
accommodation unit. Where there are a fractional number of parking spaces
required, the next highest number of spaces shall be provided.
(f)
Any alteration to the residential Structure shall be limited to ensure that the
Dwelling remains within the character of the area within which it is located and
retains its own residential character.
(g)
In addition to any other off-street parking required in the Bylaw, one additional
space shall be provided for each guest room.
(h)
A Development Permit issued for a Bed and Breakfast or Guest Ranch does not
exempt compliance with health regulations or any other requirements of other
agencies.
(i)
Bed and Breakfasts and Guest Ranches require a Development Permit. A Permit
may be revoked at any time if, in the opinion of the Development Authority, the
operator has violated any provision of this Bylaw or the conditions of a Permit.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 103
SECTION 87
CAMPGROUNDS
(1)
In determining the appropriateness and suitability of a Site for a proposed Campground
Development, the Development Authority shall consider such factors as accessibility,
compatibility with Adjacent land Uses, environmental sensitivity, physical suitability, and
serviceability of the Site itself.
(2)
Roads leading to a proposed Campground may be required, as a condition of
Development approval, to be brought into a condition necessary to sustain the volume
and type of traffic to be generated by the proposed Campground.
(3)
There shall be a minimum distance separation of 1,000 m (3,280 ft) between any tourist
Campground facilities and the boundary of a multi-Lot Subdivision or a Confined Feeding
Operation.
(4)
The following criteria and standards may be used by the Development Authority to
determine the appropriate density for a proposed Campground Development:
(5)
(a)
presence of natural amenities (e.g. water features, landscape);
(b)
quantity and type of vegetation;
(c)
sensitivity of terrain;
(d)
proposed maximum length of stay; and
(e)
fire bylaw.
The following criteria and standards may be used by the Development Authority in
determining an appropriate Site design for a proposed Campground Development:
(a)
the Site plan for a proposed Campground shall detail internal circulation
requirements, street Widths, pedestrian circulation, Site access and egress,
emergency access, parking areas, storage areas, toilet and laundry areas,
recreational areas, and campsite areas;
(b)
the number of access points to the Campground shall be limited to control the
entry and departure of vehicles and to minimize interference with neighbouring
Uses and traffic flow;
(c)
the location of access points shall not route traffic through residential areas;
(d)
access points shall be designed to accommodate two-way traffic and shall
provide a clear unobstructed view for traffic and turning vehicles. The provision
of acceleration and deceleration lanes may be required;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 104
SECTION 87
(6)
(e)
all Campgrounds and Sites shall have clear access and identification for fire
fighting, ambulance, and police;
(f)
for Campgrounds proposed to be open year-round, provision shall be made in the
design of Internal Roads for snow removal and snow storage;
(g)
for destination Campgrounds, particularly long lease arrangements, parking
space is required for visitors. The location of visitor parking shall not interfere
with pedestrian safety;
(h)
each campsite shall have a minimum area of at least 186 m2 (2,002 ft2) with an
open and Graded parking space sufficient to permit a clearance of 4.5 m (14.8 ft)
between sides and 3.0 m (9.8 ft) between ends of Adjacent recreation vehicles;
(i)
campsites shall be accessible by means of a driveway at least 3.0 m (9.8 ft) wide
where the driveway is for one-way traffic, or at least 6.0 m (19.7 ft) wide where
the driveway is for two-way traffic, and so constructed that automobiles and
trailers will not become mired;
(j)
one table and one garbage can (or an equivalent central garbage disposal area)
shall be provided for each campsite;
(k)
recreational facilities shall not be located where they would intrude on the
privacy of Adjacent campers;
(l)
noise control measures may also be required and may include the Use of berms,
natural barriers, and screens and locating noise-insensitive aspects of the
Campground closest to the noise source;
(m)
within the Campground Development, a circular one-way system with gently
curving roads, sensitive to topography and Site characteristics is preferred, and
shall be “signed” to avoid confusion; and
(n)
all facilities shall meet public health regulations.
A map with clearly identified streets, Site numbers, and parking areas may be required to
be provided by the applicant for camper convenience and in cases of emergency.
SECTION 88
(1)
CAMPGROUNDS continued.
CHILD CARE FACILITIES AND FAMILY DAY HOMES
All Child Care Facilities and Family Day Homes shall conform to regulations under the
Safety Codes Act, as amended, and any other relevant Provincial legislation and
regulations, as amended.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 105
SECTION 88
CHILD CARE FACILITIES AND FAMILY DAY HOMES continued.
(2)
In making a decision on a Development Permit for a Child Care Facility or Family Day
Home, the Development Authority shall consider, among other matters, if the
Development would be suitable for the location proposed, taking into account: potential
traffic generation, proximity to park or other open or recreation areas, separation of the
proposed location 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.
(3)
In addition to all other regulations of this Bylaw, a Child Care Facility Development shall
comply with the following regulations:
(a)
The maximum number of children for which care may be provided in a Child Care
Facility shall be established by the Development Authority who shall have regard
for the nature of the facility, the density of the District in which it is located,
potential increases in traffic, and the location of the Use in relation to other Uses
in the area of the Development.
(b)
A Child Care Facility with five (5) or more children shall be in a separate facility,
either within the main Building on the Lot or in an Accessory Building, with a
separate access to ground level and an Adjacent playground area.
SECTION 89
(1)
CHURCHES AND OTHER RELIGIOUS ASSEMBLIES
The following regulations shall apply to Churches and other Religious Assembly Uses,
when considered under an Institutional Use in any applicable District:
(a)
The minimum Lot frontage shall be 30.0 m (98.4 ft).
(b)
The minimum Lot area where a Dwelling associated with the Church or other
Religious Assembly is provided shall be 1,400 m2 (15,069 ft2).
(c)
The minimum Lot area where no Dwelling associated with the Church or other
Religious Assembly is provided shall be 930 m2 (10,010 ft2).
(d)
Notwithstanding any other provision of this Bylaw to the contrary, in Hamlet
areas, a Church or other Religious Assembly shall only be allowed on a corner
Lot, that is, a Lot which is at the intersection of two roads.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 106
SECTION 90
COMMUNICATION TOWERS
(1)
No person shall construct or cause to be constructed a Communication Tower unless a
Development Permit for such Use has been issued, with the exception of federal,
provincial, or municipal Communication Towers, which do not require a Development
Permit.
(2)
A Communication Facility shall comply with the provisions of this Bylaw and any statutory
or outline plan pertaining to the Site of the facility, all Canadian Radio and
Telecommunications Standards, all CSA standards, and Safety Code guidelines.
(3)
The County will encourage the co-location (sharing) of Communication Towers.
SECTION 91
DRIVE-IN BUSINESS
(1)
Drive-in Business Uses shall have a minimum Lot area of 560 m2 (6,028 ft2).
(2)
Points of access and egress shall be located to the satisfaction of the Development
Authority.
(3)
All parts of the Lot to which vehicles may have access shall be hard surfaced and drained
to the satisfaction of the Development Authority.
(4)
There shall be a provision for at least eight (8) customer vehicles on the Site.
(5)
Receptacles for the purpose of disposing of rubbish and debris shall be provided as
required by the Development Authority.
(6)
For any drive-in food service establishment or drive-through vehicle service
establishment, a minimum of three (3) in-bound queuing spaces shall be provided for
vehicles approaching the drive-up service window or service bay.
(7)
All queuing spaces identified in subsection (6) above shall be a minimum of 6.5 m
(21.3 ft) long and 3.0 m (9.8 ft) wide.
SECTION 92
(1)
DWELLING UNITS PERMITTED PER LOT
The Development Authority may issue a Development Permit that permits the
construction or location of a second Dwelling Unit on a Lot provided the Lot is large
enough to accommodate two (2) private sewage disposal systems as per the Alberta
Private Sewage Systems Standard of Practice 1999, as amended, and provided the
second dwelling complies with the Municipal Development Plan and this Bylaw.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 107
SECTION 92
DWELLING UNITS
PER LOT continued.
(2)
Allowances for a second Dwelling on a Lot identified in SECTION 92 (1) do not apply to
any development within the Country Residential (CR) District.
(3)
Other than the second Dwelling identified in SECTION 92 (1), the Development Authority
may issue a Development Permit that would permit the construction or location of an
additional Dwelling on a Lot if the additional Dwelling Unit is:
(4)
(a)
contained in a Building designed for, or divided into, two (2) or more Dwelling
Units and is located in a Land Use District which permits such multiple family
units; or
(b)
a Mobile Home forming part of a Mobile Home Park for which a Development
Permit has been issued; or
(c)
a Garage Suite or Garden Suite in the Agricultural (AG), Country Residential (CR),
Serviced Estate Residential 1 (ES1), Serviced Estate Residential 2 (ES2), On-Site
Estate Residential 1 (OE1), On-Site Estate Residential 2 (OE2), Low Density
Hamlet Residential (LDR), Restricted Residential (Large Lot) (RR1), Medium
Density Hamlet Residential (MDR), High Density Hamlet Residential (HDR), or
Resort Recreational (RR) Districts; or
(d)
a Building as defined in the Condominium Property Act, as amended, that is the
subject of a condominium plan to be registered in a Land Titles Office under the
Act, as amended, and has been approved by the County; or
(e)
an agricultural Dwelling to be occupied by a person who is engaged, on a fulltime basis for at least six (6) months of the year in an agricultural operation or
Confined Feeding Operation on the property; or
(f)
a Proximate Care Dwelling in the Agricultural District (AG).
The Proximate Care Dwelling allowed by SECTION 92 (3)(f) must be consistent with the
following:
(a)
At all times, a Proximate Care Dwelling shall be considered a subordinate
residence on the parcel meaning that there must always be a primary residence
on the subject parcel whereby the occupants of which are providing the
proximate care to those in the Proximate Care Dwelling or the occupants of
which are being cared for by those in the Proximate Care Dwelling.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 108
SECTION 92
DWELLING UNITS
PER LOT continued.
(b)
The Development Authority is satisfied that a suitable Development Site exists on
the parcel to accommodate the Proximate Care Dwelling. The Development
Authority shall be satisfied that the Proximate Care Dwelling can and will be
properly connected to services associated with the existing Single Detached
Dwelling without jeopardizing existing services of the host parcel or surrounding
parcels.
(c)
When required by the Development Authority, an applicant for a Proximate Care
Dwelling may be required to submit definitive engineering findings and
specifications, prepared by a professional engineer, registered in the Province of
Alberta, or a Safety Codes Officer, addressing the capability of the septic disposal
system and water supply (e.g. well) to accommodate the Proximate Care
Dwelling.
(d)
The Development Authority shall be satisfied that the purpose of the Proximate
Care Dwelling is to provide housing to allow for the proximate medical care or
assistance in daily living of the elderly or disabled. Development Permit
applications for a Proximate Care Dwelling shall be accompanied by a sworn
affidavit verifying that the Proximate Care Dwelling is to be used by those who
are elderly or disabled or by others requiring proximate medical care or
assistance in daily living needs, or by the person providing the proximate medical
care or assistance in daily living.
(e)
A Proximate Care Dwelling shall be designed, sited, constructed, finished, and
sided in a manner that is visually compatible, in the opinion of the Development
Authority, with the character of Adjacent and neighbouring lands. The following
siting guidelines may be considered by the Development Authority:
(i)
the unit shall not be placed in the Front Yard;
(ii)
the unit shall not be placed on easements and shall not be placed on a
gas line;
(iii)
the unit should not be placed in a manner which could obstruct the view
from a house on an Adjacent property;
(iv)
the unit shall be sited in accordance with all Setback regulations;
(v)
the Lot should be Graded to ensure positive drainage away from the unit,
without affecting the drainage of the Adjacent properties; and
(vi)
the unit shall be detached from the principal Dwelling Unit and not have
a permanent foundation.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 109
SECTION 92
(5)
(2)
Any permit issued for a new Proximate Care Dwelling shall be issued on a
temporary basis, not to exceed five (5) years, after which time the Development
Authority may permit an extension of the permit. Upon removal of the unit, the
Site shall be restored to the satisfaction of the Development Authority.
(g)
Proximate Care Dwellings shall not be used as a rental income Dwelling, or to
provide housing to persons not requiring the proximate medical care or
assistance in daily living, or by the person providing the proximate care.
Dwellings allowed by this Section must be sited so that they do not compromise future
Subdivision.
GARAGE AND GARDEN SUITES
The minimum Site Area shall be as follows:
(a)
Garage Suite (above Grade): the minimum Site Area is that area required for the
principal Single Detached Dwelling in the applicable District plus 100 m 2
(1,076.4 ft2).
(b)
Garden Suite and Garage Suite (at Grade): the minimum Site area shall be
525 m 2 (5,651.1 ft2).
The maximum Height shall be as follows:
(a)
(b)
(3)
PER LOT continued.
(f)
SECTION 93
(1)
DWELLING UNITS
Garage containing a Garage Suite (above Grade):
(i)
6.5 m (21.3 ft) or the Height of the principal Dwelling as constructed at
the time of the Development Permit Application, whichever is the lesser,
where the building containing the Garage Suite has a roof slope of 4/12
(18.4°) or greater; or
(ii)
5.5 m (18.0 ft) or the Height of the principal Dwelling as constructed at
the time of the Development Permit Application, whichever is the lesser,
where the building containing the Garage Suite has a roof slope of less
than 4/12 (18.4°).
Garden Suite and Garage Suite (at Grade): the maximum height shall be 4.6 m
(15.0 ft).
The maximum Floor Area shall be:
(a)
60.0 m 2 (645.8 ft2) for a Garage Suite (above Grade);
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 110
SECTION 93
GARAGE AND GARDEN SUITES continued.
(b)
50.0 m 2 (538.2 ft2) for a Garden Suite and for a Garage Suite (at Grade); and
(c)
notwithstanding (a) and (b) above, the maximum Floor Area may be increased
by up to 7.5 m2 (80.7 ft2), only where this additional Floor Area comprises the
area of a deck or balcony associated with the Garage Suite or Garden Suite.
(4)
The minimum Floor Area of a Garage Suite or Garden Suite shall be 30.0 m 2 (322.9 ft2).
(5)
The minimum Site Width for a Site with a Garden Suite, or a Garage Suite (at Grade)
shall be 15.0 m (49.2 ft).
(6)
The minimum Side Yard shall be:
(a)
for that portion of a detached garage that contains a Garage Suite, the same as
that for the principal Dwelling in the applicable District;
(b)
for a Garden Suite, the same as that for the principal Dwelling in the applicable
District; and
(c)
on a corner Site where a Garage Suite or Garden Suite abuts a flanking public
roadway, other than a lane, the required Side Yard shall not be less than that
provided for the principal Structure.
(7)
The minimum distance between a detached garage containing a Garage Suite, and a
Garden Suite and the principal Dwelling on the same Site, shall be 4.0 m (13.1 ft).
(8)
Windows contained within the Garage Suite portion of the detached garage or the
Garden Suite shall be placed and sized such that they minimize overlook into yards and
windows of abutting properties through one or more of the following:
(9)
(a)
off-setting window placement to limit direct views of abutting rear or side yard
amenity areas, or direct view into a Garage Suite or Garden Suite window on an
abutting Site;
(b)
strategic placement of windows in conjunction with landscaping or the placement
of other accessory buildings; and
(c)
placing larger windows such as living room windows, to face a lane, a flanking
street, or the larger of any Side Yard abutting another property.
Decks and balconies shall be allowed as part of a Garage Suite developed above a
detached garage only where the deck or balcony faces the lane or a flanking roadway.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 111
SECTION 93
GARAGE AND GARDEN SUITES continued.
(10)
Only one of a Secondary Suite, Garage Suite, or Garden Suite may be developed in
conjunction with a principal Dwelling on a Site.
(11)
The number of unrelated persons occupying a Garage Suite or Garden Suite shall not
exceed three (3).
(12)
A Garage Suite or Garden Suite shall not be allowed within the same Site containing a
Group Home or Limited Group Home, or a Major Home Based Business and an associated
principal Dwelling, unless the Garage Suite or Garden Suite is an integral part of a Bed and
Breakfast Operation.
(13)
Where Garage Suites or Garden Suites are Discretionary within an applicable District, the
Development Authority may exercise discretion in considering a Garage Suite having
regard to
(a)
compatibility of the Use with the siting, Grade elevations, Height, roof slopes,
and Building types and materials characteristic of surrounding low density
ground-oriented housing and development;
(b)
the effect on the privacy of Adjacent properties; and
(c)
the policies and guidelines for Garage Suites and Garden Suites contained in a
Statutory Plan for the area.
(14)
A Garage Suite or Garden Suite shall not be subject to separation from the principal
Dwelling through a condominium conversion or subdivision.
(15)
Garage Suites and Garden Suites shall not be included in the calculation of densities in
this Bylaw.
SECTION 94
GROUP HOMES
(1)
All Group Homes shall conform to regulations under the Safety Codes Act, as amended,
and any other relevant Provincial legislation and regulations, as amended.
(2)
In making a decision on a Development Permit for a Group Home, the Development
Authority shall consider, among other matters, if the Development would be suitable for
the location proposed, taking into account: potential traffic generation, proximity to park
or other open or recreation areas, separation of the proposed location 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.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 112
SECTION 94
(3)
In addition to all other regulations of this Bylaw, a Group Home Development shall
comply with the following regulations:
(a)
The maximum number of residents shall be established by the Development
Authority who shall have regard for the nature of the Group Home and the
density of the District in which it is located.
(b)
The Group Home shall not generate pedestrian or vehicular traffic or parking in
excess of that which is characteristic of the District in which it is located.
SECTION 95
(1)
GROUP HOMES continued.
HEAVY INDUSTRIAL (OUTSIDE OF HAMLET AREAS)
Heavy Industrial Uses include:
(a)
(b)
General Industrial Uses that are characterized by one or more of the following
features:
(i)
the creation of Nuisances that extend beyond the boundaries of the Site
and that may have a deleterious effect on other Districts due to their
appearance, noise, or odour (this does not include agriculture); and
(ii)
the Use of materials or processing operations that requires separation
from other Developments, due to risk of toxic emissions or fire and
explosion hazards; and
Land Treatment.
(2)
Heavy Industrial Uses shall not be permitted within 3.0 km (1.8 mi) of residential or
institutional Development.
(3)
The development of Heavy Industrial Uses will be in accordance with the Lac La Biche
County Municipal Development Plan, as amended.
(4)
All Development Permit applications for Heavy Industrial Uses must be accompanied by
measures to mitigate impacts on surrounding properties to the satisfaction of Lac La
Biche County.
SECTION 96
(1)
HOME BUSINESS
All Development Permits issued for Home Businesses shall be revocable at any time by
the Development Authority, if, in its opinion, the Use is or has become detrimental to the
amenities of the neighbourhood in which it is located.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 113
SECTION 96
HOME BUSINESS continued.
(2)
Home Businesses are Uses subordinate to the primary function of residential Use and are
divided into two categories: minor and major.
(3)
Minor Home Business:
(4)
(a)
the Home Business shall be operated as a secondary Use only, and shall not
change the principal character or external appearance of the Dwelling in which it
is located;
(b)
the Home Business shall not employ any person who lives outside of the home;
(c)
within the Hamlet of Lac La Biche, the Home Business shall not generate any
client traffic to the Dwelling;
(d)
within the Hamlet of Lac La Biche, the Home Business shall not involve the
display of goods in the interior of the Dwelling;
(e)
outside the Hamlet of Lac La Biche, the Home Business shall not generate
pedestrian or vehicular traffic or parking uncharacteristic to the residential area;
(f)
the Home Business may not extend beyond the confines of the primary
residential Dwelling; and
(g)
there shall be no outside storage of materials, goods, or equipment on the Site.
Major Home Business:
(a)
a Major Home Business may utilize Accessory Buildings, while still maintaining
the residential Use as the primary Use on the Site;
(b)
within the Hamlet of Lac La Biche, the Home Business may employ up to one (1)
person who does not live on the Site or within the primary residence;
(c)
outside the Hamlet of Lac La Biche, the Home Business may employ up to three
(3) persons who do not live on the Site or within the primary residence;
(d)
the Home Business may not generate pedestrian or vehicular traffic or parking
uncharacteristic to the surrounding area;
(e)
all required parking must be on-Site;
(f)
articles offered for sale shall be limited to within the Dwelling or Accessory
Buildings on the Site;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 114
SECTION 96
(g)
within the Hamlet of Lac La Biche, outdoor business activity or the outside
storage of materials, goods, or equipment on the Site related to the Home
Business is not permitted;
(h)
outside the Hamlet of Lac La Biche, outside storage of materials, goods, or
equipment on the Site shall be directly related to the Home Business and, at the
discretion of the Development Authority, may be required to be screened or
fenced;
(i)
a Major Home Business may display a maximum of one (1) advertising sign on
the Dwelling, to the satisfaction of the Development Authority; and
(j)
the Major Home Business shall not be allowed if, in the opinion of the
Development Authority, such Use would be more appropriately located in a
Commercial or Industrial District having regard for the overall compatibility of the
Use with the residential character of the area.
(5)
If, at any time, any of the conditions for a Home Business have not, in the opinion of the
Development Authority, been complied with, the Development Authority may issue a stop
order, pursuant to the provisions under the Municipal Government Act, as amended.
(6)
A Home Business shall not change the principal character or external appearance of the
Dwelling involved, nor use more than twenty percent (20%) or 35 m 2 (376.7 ft2),
whichever is less, of the Dwelling Unit for business usage. There shall be no exterior
signage, display, or advertisement, but there may be a limited volume of on-premises
sales for Major Home Businesses.
(7)
There shall be no mechanical or electrical equipment used which creates visual, audible,
or electrical interference with radio or television reception or home electronics in Adjacent
Dwellings.
(8)
No commodity, other than the product or service of the Home Business, shall be sold on
the premises.
(9)
The Home Business shall not, in the opinion of the Development Authority, be a source of
inconvenience or materially interfere with, or affect the Use, enjoyment, or value of,
neighbouring properties, including but not limited to excessive noise, smoke, steam,
odour, dust, vibration, or refuse matter, which would not commonly be found in the
neighbourhood.
(10)
No more than one (1) commercial vehicle used in or for the Home Business shall be
parked on the subject Site or on the adjoining road.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 115
SECTION 96
(11)
In addition to a Development Permit application, each application for a Home Business
shall be accompanied by a description of the business to be undertaken in the Dwelling,
an indication of the anticipated number of business visits per week, and details for the
provision of parking along with other pertinent details of the business operation.
(12)
When a Development Permit is issued for a Home Business, such Permit shall be
terminated should the applicant vacate the property for which the Permit has been
issued.
(13)
Home Businesses shall not involve activities that Use or store hazardous material in
quantities exceeding those found in a normal household.
SECTION 97
INDUSTRIAL (WITHIN HAMLET AREAS)
(1)
A Development Permit application for the establishment of an industrial Use within the
Hamlet areas shall be considered by the Development Authority after requesting advisory
written comment by those Provincial agencies or authorities whose interest or jurisdiction
may be affected.
(2)
The development of industrial Uses within Hamlet areas will be in accordance with the
Lac La Biche County Municipal Development Plan, as amended.
(3)
In addition to the requirements of SECTION 20 of this Bylaw, the Development Authority
may require that all applications for a Development Permit for industrial Development be
accompanied by the following additional information:
(a)
Location of proposal;
(b)
Type of industry;
(c)
Size of Buildings;
(d)
Number of employees;
(e)
Estimated water demand and anticipated source;
(f)
Type of effluent and method of treatment;
(g)
Transportation routes to be used (rail and road);
(h)
Reason for specific location;
(i)
Any accessory works required (e.g. pipelines, railway spurs);
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 116
SECTION 97
(j)
Anticipated residence location of employees; and/or
(k)
Any such other information as may be required by the Development Authority.
SECTION 98
(1)
INDUSTRIAL (WITHIN HAMLET AREAS) continued.
MOTELS
The Site requirements for Motels are as follows:
Table 2: Motel Site Requirements
1 Storey
Minimum Site Area
Minimum Front Yard Setback
Minimum Rear and Side Yard Setback
Minimum Side Yard Setback (Adjacent
to a Residential District)
Building Separation
On-Site Parking
Minimum Floor Area/Unit
2
2 Storey
2
140.0 m (1,507 ft )
7.6 m (25.0 ft)
3.0 m (10.0 ft)
93.0 m2 (1,000 ft2)
7.6 m (25.0 ft)
3.0 m (10.0 ft)
5.0 m (16.4 ft)
5.0 m (16.4 ft)
3.5 m (12.0 ft)
1 stall/rental unit and
1 stall/3 employees
3.5 m (12.0 ft)
1 stall/rental unit and
1 stall/3 employees
25.0 m2 (270 ft2)
25.0 m2 (270 ft2)
(2)
Each rentable unit shall face onto or abut a driveway not less than 6.0 m (19.7 ft) in
Width and shall have unobstructed access thereto.
(3)
Not more than two (2) accesses for vehicles to a road, each of a minimum Width of
7.5 m (24.6 ft), shall be permitted, provided however, that one (1) combined motor
vehicle entrance and exit may be permitted, not less than 9.0 m (29.5 ft) in Width.
(4)
The Owner, tenant, operator, or person in charge of a Motel shall at all times:
(a)
maintain the Site, Buildings, Structures, and improvements thereon in a clean,
tidy, and attractive condition and free from all rubbish and debris;
(b)
maintain garbage and incineration facilities to the satisfaction of the
Development Authority; and
(c)
maintain an appropriate fence where required around the boundaries of the Site.
SECTION 99
(1)
NATURAL RESOURCE EXTRACTION/PROCESSING FACILITY
For the purposes of this SECTION, excavation shall mean excavation other than for
construction or building purposes, including, but not limited to, sand and gravel mining,
topsoil stripping, and construction of artificial bodies of water.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 117
SECTION 99
NATURAL RESOURCE
FACILITY continued.
(2)
An application for a Development Permit for the excavation, stripping, or grading of land,
which is proposed without any other Development on the same land, shall include
information as outlined in SECTION 80.
(3)
Where, in the process of development, areas require leveling, filling, or grading, the
topsoil shall be removed before work commences, stockpiled, and replaced following the
completion of the work.
(4)
The applicant shall ensure that dust and noise control measures are undertaken to
prevent such items from becoming an annoyance to neighbouring land owners. The
applicant shall conduct dust control procedures at the request of and to the satisfaction
of the Development Authority, acting reasonably. In this regard, stockpiles shall be
located in a position to act as a sound barrier. Also, the applicant shall apply methods of
minimizing the noise created from machinery and equipment.
(5)
The applicant shall keep the area subject to the Development Permit in a clean and tidy
condition, free from rubbish and non-aggregate debris.
(6)
The applicant shall locate appropriate traffic and safety signage on and about the subject
Site and road accesses.
(7)
Access routes into extraction areas shall be located from adjacent residential areas.
(8)
All operations shall be in accordance with the Alberta Environmental Protection and
Enhancement Act, as amended, for conservation and reclamation.
(9)
The Development Authority may impose a condition on a Development Permit requiring
the applicant to post a sign on the Site or the general area in which the extraction is
occurring or is expected to occur within the next ten (10) years. The sign shall identify
the following:
(a)
the purpose for which the lands are to be used;
(b)
the approximate time over which extraction of the lands will take place; and
(c)
the location where additional information may be obtained.
(10)
A disturbed area shall be reclaimed to a land capability equivalent to the pre-disturbance
land capability (e.g. agricultural land) or a post-disturbance condition and land use (e.g.
conversion to a wetland) which are satisfactory to the Development Authority.
(11)
Sand and gravel extraction operations shall not be permitted within 0.8 km (0.5 miles), or
such greater distance as established by the Development Authority, of a multi-lot country
residential area or Hamlet.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 118
SECTION 99
NATURAL RESOURCE
FACILITY continued.
(12)
For extraction pits which are less than 5.0 ha (12.4 acres) in size, the Development
Authority may impose a condition on a Development Permit requiring the applicant to
enter into a surface restoration agreement with the County, and post a security based on
the cost of reclamation, to the satisfaction of the Development Authority.
(13)
Development Permits for the purpose of sand and gravel extraction will have an expiry
date of up to five (5) years from the date of issue of the Permit.
SECTION 100 RESIDENTIAL SUBDIVISIONS
(1)
The developer shall provide legal and physical access including constructing or upgrading
all roads needed to provide access to the proposed Development to Lac La Biche County
standards.
(2)
Each proposed Subdivision parcel must have a proven Building Site based on the required
Setbacks from property lines, waste disposal facilities, oil and gas infrastructure, high
voltage transmission lines, and natural features according to provincial legislation and Lac
La Biche County bylaws.
(3)
The proposed Subdivision must meet the requirements of all other sections of this Bylaw.
(4)
All proposals within the Water and Sewer Connection Policy Area shall conform to the
Water and Sewer Connection Policy, as amended.
(5)
Minimum Servicing Requirements
(a)
Residential Development shall only be allowed outside of the Water and Sewer
Connection Policy Area if the following criteria are met:
(i)
proof of potable water in accordance with the requirements of the Public
Health Act, as amended, and associated regulations;
(ii)
if the well proves insufficient in quantity or the quality does not meet
Alberta Environment standards, cisterns may be acceptable for the
provision of potable water;
(iii)
percolation tests must demonstrate suitability for individual septic fields;
(iv)
if soils are not suitable for individual septic fields, holding tanks may be
acceptable as the sole means of sanitary sewage collection, at the
discretion of the Development Authority;
(v)
residences shall provide sanitary and water facilities to provincial
standard and the satisfaction of Lac La Biche County;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 119
SECTION 100
continued.
(vi)
communal water supply systems and communal sewage disposal systems
shall not be allowed unless the County is satisfied that such systems will
not require financial or other support from the County in the future;
(vii)
a stormwater management plan, which must be approved by Alberta
Environment including:
(viii)
(6)
1.
topography;
2.
3.
proposed minor drainage system (ditches/pipes/catch basin
locations);
4.
proposed major drainage systems (direction of surface
drainage);
5.
6.
location of outflow/outfall Structures;
7.
any related modeling and calculation information; and
for all new multi-parcel Development, the developer shall be responsible
for constructing all Internal Roads.
Keeping of Animals and Livestock
(a)
No Livestock other than domestic pets shall be permitted within designated
Hamlets;
(b)
Horse holding areas may be permitted within designated Hamlets if authorized by
the Development Authority;
(c)
For Lots of less than 1.0 ha (2.5 ac), no Livestock of any type shall be allowed
and domestic pets must be confined to the Owner's Lot;
(d)
For Lots between 1.0 ha and 2.0 ha (2.5 ac to 5.0 ac), domestic pets will be
allowed along with no more than four (4) non-cloven hoofed animals (e.g.
horses) and all animals must be confined to the Owner's Lot;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 120
SECTION 100
continued.
(e)
Where the Lot size is between 2.0 ha and 4.0 ha (5.0 ac to 10.0 ac), domestic
pets may be allowed along with no more than four (4) larger animals (horses,
cattle, sheep, goats, etc.) at any one time. Smaller animals (chickens, geese,
ducks, etc.) may be kept on a non-commercial basis only. All animals must be
confined to the Owner's Lot; and
(f)
With the exception of the resource Districts, animal service facilities approved by
the County and domestic pets under six (6) months of age, a household shall not
contain more than three (3) dogs and six (6) cats.
(g)
Notwithstanding (a) – (f), the keeping of animals and livestock within the County
Residential District shall be in accordance with Section 110 (Country Residential
District).
SECTION 101 RURAL INDUSTRIAL USES
(1)
Development Permits for Rural Industrial Development other than in the Rural Industrial
District shall not be approved unless the Development Authority is satisfied that:
(a)
there is adequate legal access to transportation facilities;
(b)
the Site is suitable for on-Site sewage disposal and water supply;
(c)
there would be no substantial conflicts with existing Adjacent land Uses; and
(d)
any other factors which the Development Authority may consider necessary have
been met.
(2)
Rural Industrial activities shall be subject to a Development agreement between the
developer and the County.
(3)
No Subdivision shall be allowed and no Development Permit shall be issued for a
proposed Rural Industrial Use where it would result in more than two (2) Rural Industrial
Lots in one (1) quarter section unless the Council has first re-districted such Lots to the
Rural Industrial District.
(4)
One (1) Surveillance Suite may be permitted per Lot.
SECTION 102 SERVICE STATIONS AND FUEL AND CHEMICAL SALES/STORAGE
(1)
Applications for Development Permits for Service Stations and Fuel and Chemical
Sales/Storage shall be referred to:
(a)
The Lac La Biche County Planning and Infrastructure Department for comments
in terms of siting and access.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 121
continued.
(2)
All applicable petroleum tanks shall be registered with the Petroleum Tank Management
Association of Alberta, and comply with the requirements of Part 4 of the Alberta Fire
Code Regulation 52/1998, as amended.
(3)
Notwithstanding the Land Use District regulations, a Use pursuant to this SECTION shall
not be located on Sites which, in the opinion of the Development Authority, would be
considered unsafe in terms of vehicle circulation, and access and egress from the Site.
(4)
Service Stations shall be developed in such a manner that:
(a)
no entrance or exit thereto for motor vehicles shall be located within 60.0 m
(196.9 ft) of an entrance to or exit from a fire hall, school, playground, library,
church, hospital, children’s or senior citizen’s home, or other similar public or
quasi-public institutions;
(b)
no part of any Building or any pump or other Accessory Building, Structure, or
Use shall be located within 6.0 m (19.7 ft) of any property line;
(c)
points of access and egress shall be located to the satisfaction of the
Development Authority;
(d)
there shall be a provision for at least eight (8) customer vehicles on the Site;
(e)
receptacles for the purpose of disposing of rubbish and debris shall be provided
as required by the Development Authority;
(f)
there shall be a Front Yard of not less than 12.0 m (39.4 ft); and
(g)
all fuel storage tanks shall be set back from Adjacent Buildings in accordance
with Regulations pursuant to the Safety Codes Act, as amended.
(5)
Outside of Hamlet areas, the Site area for a Service Station, whether free-standing, part
of a commercial complex, or combined with a convenience store, shall be to the
(6)
Within Hamlet areas, the minimum Lot area for a Service Station shall be 740 m2
(7,965 ft2) and the maximum Building coverage shall be twenty-five percent (25%) of the
Lot area. When a car wash is included, the minimum Lot area shall be 1,110 m2
(11,948 ft2).
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 122
continued.
(7)
The Site area for Fuel and Chemical Sales/Storage shall be to the satisfaction of the
(8)
All parts of the Site to which vehicles may have access shall be hard-surfaced and
drained to the satisfaction of the Development Authority.
(9)
A minimum of ten percent (10%) of the Site area of a Service Station under this
SECTION shall be landscaped to the satisfaction of the Development Authority.
(10)
The maximum Building coverage for a Use under this SECTION shall be twenty-five
percent (25%) of the Site area.
(11)
Any lighting proposed to illuminate off-street parking areas shall be located and arranged
so that all direct rays of light are directed on the Lot only and not on any adjoining Lots.
(12)
The Owner, tenant, operator, or person in charge of a Service Station shall, at all times:
(a)
be prohibited from the carrying on of the business of a public garage or parking
garage. This, however, does not preclude the Use of space on any approved
Service Station Site for short-term vehicle storage for repair purposes;
(b)
be prohibited from operating any business or activity which is obnoxious or
Offensive, or which may constitute a Nuisance or annoyance to residents or
businesses in the immediate vicinity of the Service Station or gas bar by reason
of dust, noise, gases, odour, smoke, or vibration;
(c)
be responsible for the proper, safe, and orderly operation of the Service Station
and of motor vehicles using said Service Station or being repaired or serviced
thereat, and, without restricting the generality of the foregoing, shall see:
(d)
(i)
that operators of motor vehicles do not obstruct the sidewalks and
boulevards abutting or Adjacent to the Service Station, and
(ii)
that operators of motor vehicles enter and leave a Service Station Site
only at the entrances and exits provided for such purposes and not
elsewhere; and
construct and maintain on the boundaries of the Lot, where required by the
Development Authority, an appropriate fence not less than 1.5 m (4.9 ft) in
Height.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 123
SECTION 103 SIGNS
(1)
(2)
General Sign Provisions
(a)
The provisions and regulations in this SECTION apply only to lands within the five
designated Hamlets in the County.
(b)
No Sign shall be erected on land or affixed to any exterior surface of any Building
or Structure unless a Development Permit has been issued in accordance with
SECTION 103 (3) of this Bylaw.
(c)
No Sign or advertising Structure shall be erected on or affixed to private property
without the prior written consent of the property Owner or tenant.
(d)
All proposed Signs, with the exception of the exemptions as provided for in
SECTION 103 (2) of this Bylaw, shall be authorized by the Development Authority
prior to any Development Permit being issued.
(e)
With the exception of the special provisions relating to Billboard Signs, all Signs
shall contain Point of Sale Advertising.
(f)
No Sign shall be permitted which is attached to a fence, pole, tree, or any object
in a road or publicly-owned place.
(g)
No Sign shall be permitted which is attached to or standing on the ground in any
road or publicly-owned place.
(h)
No Sign shall be erected so as to obstruct free and clear vision or vehicular
traffic, or at any location where it may interfere with, or be confused with, any
authorized traffic sign, signal, or device.
(i)
All Signs must be maintained in a satisfactory manner, or notice will be served by
the Development Authority to the Owner of the Site to perform the necessary
repairs or remove the Sign(s) within thirty (30) days.
Exemptions from Sign Provisions
(a)
No Development Permit is required for the following Signs:
(i)
Signs displayed on enclosed land where they are not readily visible to the
public;
(ii)
Signs displayed within a Building;
(iii)
Signs displayed in or on an operational vehicle;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 124
SECTION 103 SIGNS continued.
(b)
(iv)
Signs displayed on door plates, door boards, or kick plates; and
(v)
sandwich boards.
The following specified Signs are also exempted from these Sign provisions and
may be erected without further application being made to the Development
Authority, provided that the permission hereby granted in respect of any such
Signs specified below shall be subject to any conditions or limitations specified in
this Bylaw in the case of the particular Signs, and be subject to all other orders,
Bylaws, and regulations affecting such Signs:
(i)
statutory and official notices and functional advertisements of local
authorities and public transport authorities;
(ii)
traffic and directional Signs authorized by Council or a Provincial
authority;
(iii)
notices of identification in respect to the land or Buildings on which they
are displayed, and professional business and trade name plates relating
to the occupants of the land or Buildings on which they are displayed,
provided that:
(iv)
(v)
1.
each notice or name plate shall not exceed 0.2 m2 (2.2 ft2) in
area; and
2.
there shall be a limit of one (1) notice for each occupant or each
firm or company represented within the Building, at one (1)
entrance on each different road or highway;
notices relating to the sale, lease, or rental of the Buildings or land to
which they are attached, provided that:
1.
the notices shall not be illuminated;
2.
each notice shall not exceed 0.5 m2 (5.4 ft2) in area; and
3.
there shall be a limit of one (1) notice for each side of the land
or Buildings on a different road or highway;
posters relating specifically to a pending election, provided that such
posters shall be removed within fourteen (14) days after the election;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 125
(vi)
(vii)
(viii)
(ix)
notices of land or Buildings used for religious, educational, cultural,
recreational, medical, or similar public or quasi-public purposes, provided
that:
1.
each notice shall not exceed 1.0 m2 (10.8 ft2) in area; and
2.
there shall be a limit of one (1) notice for each side of the land
or Buildings on a different road or highway;
Signs of building contractors relating to construction work in progress on
the land on which signs are erected, provided that:
1.
such Signs shall be removed within fourteen (14) days of
occupancy; and
2.
such Signs shall be limited in size to a maximum of 3.0 m2
(32.3 ft2) and in number to one (1) sign for each boundary of the
property under construction which fronts onto a road or
highway;
Temporary Signs referring to sales which are displayed upon the
premises upon or within which such sales will be or are being conducted,
provided that:
1.
the Signs shall not be illuminated and shall be constructed of
paper, canvas, cardboard, or other light materials or painted on
glass and intended to be displayed for a short period of time
only; and
2.
such Signs shall not be erected more than seven (7) days before
the commencement of the sale to which they refer, and shall be
removed within eight (8) days of the completion of the said sale;
and
Signs on Merchandising Aids, provided that:
1.
any such Sign shall be placed wholly within the Lot lines;
2.
the overall Height of any Sign shall not be greater than 2.0 m
(6.6 ft) above ground level; and
3.
the maximum area of any Sign shall be 1.0 m2 (10.8 ft2).
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 126
(3)
Details of Application
(a)
(b)
(4)
Application for a Development Permit for a Sign shall be made to the
Development Authority, in accordance with the requirements of SECTION 20. In
addition to the requirements of SECTION 20, the application shall include
drawings that include:
(i)
the location of the Sign by elevational drawing or Site plan;
(ii)
the overall dimensions of the Sign;
(iii)
the size of the letters or letter;
(iv)
the amount of projection from the face of the Building;
(v)
the amount of projection over municipal property;
(vi)
the Height of the sign above the road, highway, or sidewalk or the
Height above the average Grade level at the face of the Building;
(vii)
the manner of illumination for the Sign and any form of animated or
intermittent lights that may be embodied in its construction;
(viii)
the minimum distance that the Sign will be erected from an intersection
of a road or highway with another; and
(ix)
the minimum distance that the Sign will be erected from any device for
the control of traffic at such an intersection.
No person shall perform any work of erection or of placing a Sign differing from or
enlarging the work for which a Development Permit has been issued. If during
the progress of the work the applicant desires to deviate in any way from the
terms of the original approved Development Permit, he/she shall notify the
Development Authority and submit amended drawings, and, if the Development
Authority, at its sole discretion, deems it necessary, shall make application to the
Development Authority for approval of the Sign as amended.
Awning and Canopy Signs
(a)
Awning or Canopy Signs may be allowed in all Commercial and Industrial
Districts.
(b)
The Awning or Canopy Sign shall have a clearance of not less than 2.5 m (8.2 ft)
between the bottom of the Canopy or Awning and the sidewalk, walkway, or
ground level.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 127
(5)
(c)
In Commercial Districts, where the front portion of the Building extends out to
the Front Property Line, the Canopy or Awning Sign shall not project more than
2.0 m (6.6 ft) over the sidewalk.
(d)
Notwithstanding clauses (b) and (c) above, no Canopy or Awning Sign shall be
permitted where, in the opinion of the Development Authority, the canopy or
awning obstructs the free movement or access of pedestrians or vehicles, or
repairs to overhead utility lines.
Billboard Signs
(a)
Billboard Signs may be allowed in the Arterial Commercial/Shopping Centre (C2),
Hamlet Industrial (HI), and Urban Reserve (UR) Districts within the five
designated Hamlets, in accordance with the following:
(i)
(ii)
the design, character, location, and construction of a Billboard Sign shall
be to the satisfaction of the Development Authority, who shall take into
consideration the following aspects:
1.
compatibility with the general architectural lines and forms of
nearby Buildings and the character of the streetscape or area
within which it is to be located;
2.
the restriction of natural light to the surrounding Buildings;
3.
wall-mounted Billboards shall not extend vertically above either
the roofline for flat-roofed Buildings, or the eave line for all other
Buildings;
4.
the Billboard Sign shall be positioned so that it does not severely
obstruct the horizon line when it is viewed from vehicular traffic
traveling past it from any direction;
5.
a Billboard Sign shall not project over public property or be
placed on a road right-of-way; and
6.
a Billboard Sign shall have only indirect lighting, which excludes
flashing or animated lighting.
The face of the Billboard Sign shall not exceed a vertical dimension of
5.0 m (16.4 ft) or a horizontal dimension of 10.0 m (32.8 ft).
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 128
(6)
A Billboard Sign shall not be located within a minimum distance of
150.0 m (492.1 ft) from any other Billboard on the same side of a road.
Where a Billboard Sign is located on a corner or double fronting lot, each
frontage may have a Billboard Sign provided that the Signs are no less
than 150.0 m (492.1 ft) apart.
(iv)
A Billboard Sign shall not project within 5.0 m (16.4 ft) of a Property
Line.
(v)
No part of any Billboard Sign that is highway-oriented and within
200.0 m (656.2 ft) of the edge of the pavement shall be more than
7.5 m (24.6 ft) above the Grade of the highway or 15.0 m (49.2 ft)
above the Grade of the Site of the Sign, whichever is the lower.
(vi)
Billboards Signs shall be limited to:
1.
local advertising; and
2.
facilities located within a radius of 50.0 km (31.1 mi) of the
municipality.
Cloth Signs
(a)
(7)
(iii)
The Development Authority shall not issue a Development Permit for a cloth Sign
that is proposed to cross a road unless the Sign will be located at least 6.5 m
(21.3 ft) above the road
Fascia Signs
(a)
Fascia Signs shall only be allowed in Commercial and Industrial Districts.
(b)
All Fascia Signs shall be erected so that they:
(c)
(i)
do not project more than 0.5 m (1.6 ft) above the top of the vertical face
of the wall to which they are attached;
(ii)
do not exceed in area the equivalent of 25% of the superficial area of
the wall comprising the Business Frontage; and
(iii)
are located on a Business Frontage.
Fascia Signs on a flank or gable wall which is not a Business Frontage shall be
considered by the Development Authority according to the merits of the
individual application.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 129
(d)
(8)
Roof Signs
(a)
(9)
On commercial and industrial Buildings which are Non-Conforming Uses in
Residential Districts, Fascia Signs shall be considered by the Development
Authority according to the merits of the individual application.
Roof signs shall be considered as Fascia Signs, and conform to the regulations of
SECTION 103 (7) of this Bylaw, provided that:
(i)
the Sign shall be attached to the front edge of the roof;
(ii)
no additional supporting wires or stays shall be attached to the roof; and
(iii)
no portion of a Sign shall project more than 0.5 m (1.6 ft) above the
roof.
Freestanding Signs
(a)
Freestanding Signs may be allowed in Residential Districts under the following
special provisions:
(i)
(b)
One (1) identification Freestanding Sign may be allowed to identify the
name of an apartment, a multi-family complex, a manufactured home
park, a neighbourhood park, or a subdivision, provided that it does not:
1.
exceed 2.0 m2 (21.5 ft2) in area;
2.
project within 0.6 m (2.0 ft) of a Property Line; and
3.
exceed 3.5 m (11.5 ft) in Height.
Within all Land Use Districts other than Residential Districts, one (1) Freestanding
Sign may be allowed per Lot as follows:
(i)
No part of the Sign, excluding that portion which is used for support and
which is free of advertising, shall be less than 3.0 m (9.8 ft) nor more
than 9.0 m (29.5 ft) above ground or sidewalk Grade.
(ii)
No part of any Freestanding Sign that is highway-oriented and within
200.0 m (656.2 ft) of the edge of the pavement shall be more than
9.0 m (29.5 ft) above the Grade of the highway or 15.0 m (49.2 ft)
above the Grade of the Site of the Sign, whichever is the lower.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 130
(10)
(iii)
The area of the Freestanding Sign shall not exceed the ratio of 1.0 m2
(10.8 ft2) for each 5.0 linear metres (16.4 lineal feet) of Business
Frontage to a maximum of 10.0 m2 (107.6 ft2) with the area of the Sign
being computed exclusive of the pylon or support provided that it is free
of advertising.
(iv)
No part of the Sign shall project beyond the Lot line.
Projecting Signs
(a)
With the exception of the exemptions as provided for in SECTION 103 (2) of this
Bylaw, Projecting Signs shall only be allowed in Commercial and Industrial
Districts. All Projecting Signs shall be erected so that:
(i)
no part of the Sign, excluding that portion which is used for support and
which is free of advertising, shall be less than 3.0 m (9.8 ft) above the
ground or sidewalk Grade;
(ii)
no part of the Sign shall project more than 0.5 m (1.6 ft) above the top
of the vertical face of the wall to which it is attached;
(iii)
the space between the Sign and supporting Structure shall not be more
than 0.5 m (1.6 ft);
(iv)
there shall be only one (1) Projecting Sign for each Business Frontage,
provided that, if a Business Frontage shall exceed 15.0 m (49.2 ft), a
further Projecting Sign shall be permitted for each additional 15.0 m
(49.2 ft) or portion thereof;
(v)
the permitted area of the Sign shall be related to the amount of
projection from the face of the Building, as follows:
amount of projection:
maximum area of sign
(vi)
(11)
2
3.5
1.5
4.5
1.0 m or less
6.5m2
support shall not be provided by an "A" frame.
Illuminated Roof and Sky Signs
(a)
Illuminated Roof and Sky Signs shall be allowed only in Commercial Districts.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 131
(b)
(12)
Illuminated Roof and Sky Signs shall be considered by the Development Authority
according to the merits of each individual application, provided that:
(i)
the Development Authority shall be satisfied that the purpose of the Sign
cannot be achieved by another type of Sign;
(ii)
no part of the Sign, excluding that portion which is used for support and
which is free of advertising, shall be less than 1.0 m (3.3 ft) or more than
5.0 m (16.4 ft) above the level of the roof;
(iii)
the Sign refer to the principal Use of the Building on which it is erected;
and
(iv)
the Sign shall be attached to a flat roof on a Building more than 10.0 m
(32.8 ft) high.
Temporary Signs
(a)
Temporary signs may be allowed in all Districts excepting Residential Districts.
(b)
The Development Authority may grant one (1) Temporary Sign permit per Lot for
a Temporary Sign to a person announcing a special event, sale, relocation of a
business, new business, or the future proposed development of a building or
structure, or other function.
(c)
Only one (1) Temporary Sign permit per Lot may be granted to a person in a
calendar year.
(d)
A permit for a Temporary Sign granted under Subsection (b) above shall specify
the period of time during which the Temporary Sign is permitted to be exhibited
but shall not exceed:
(i)
sixty (60) days from the date the permit is issued; or
(ii)
two (2) days after the event occurs,
whichever is the shorter period.
(e)
No person shall:
(i)
locate a Temporary Sign so that it causes a traffic hazard, or conflicts
with parking, loading, or walkway areas;
(ii)
locate a Temporary Sign within 6.0 m (19.7 ft) of the curb of a double
fronting or corner Lot unless otherwise allowed by the Development
Authority;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 132
(f)
(iii)
locate a Temporary Sign within a road right-of-way or on public property
unless consent is received from the municipality;
(iv)
erect or place on a Lot a Temporary Sign if it has a flashing device,
animator, or flashing beacon attached to or operating in connection with
it; or
(v)
exhibit a Temporary Sign that is higher than 2.5 m (8.2 ft) above Grade
level.
Inflatable Temporary Signs shall be securely grounded and a minimum of 10.0 m
(32.8 ft) away from utility lines and road rights-of-way, and shall be located no
higher than 10.0 m (32.8 ft) above Grade level.
SECTION 104 SURVEILLANCE SUITES
(1)
(2)
In Districts where a Surveillance Suite is included as a Permitted or Discretionary Use
under this Bylaw, a maximum of one (1) Surveillance Suite per parcel may be approved
by the Development Authority. If approval for the Surveillance Suite is given, the
following provisions shall be adhered to:
(a)
where a Surveillance Suite is attached to the Principal Building on a Site by a
roof, an open or enclosed Structure, a floor, or a foundation, it is to be
considered part of the Principal Building;
(b)
unless otherwise provided for in this Bylaw, detached Surveillance Suites shall be
located to the satisfaction of the Development Authority, and shall comply with
the following minimum Setbacks:
(i)
a minimum of 2.0 m (6.6 ft) from the Rear Property Line, and 2.0 m
(6.6 ft) from the Side Property Line; and
(ii)
no closer to the Front Property Line than the leading edge of the
Principal Building.
Any permit issued for a new Surveillance Suite shall be issued on a temporary basis, not
to exceed five (5) years, after which time the Development Authority may permit an
extension of the permit. Upon removal of the unit, the Site shall be restored to the
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 133
SECTION 104 SURVEILLANCE SUITES continued.
(3)
Where the Surveillance Suite is a Mobile Home unit, the unit shall have a Canadian
Standards Association Certification Number or an Alberta Municipal Affairs Label Number
(or other applicable identification/certification number). Acceptable evidence of these
shall be submitted with the Development Permit application. The skirting on the Mobile
Home unit shall be factory-prefabricated or the equivalent thereof, and so designed and
erected to harmonize with the Mobile Home unit. The Mobile Home unit shall be skirted
from the floor level to the ground level.
(4)
The maximum Floor Area of any Surveillance Suite shall be a maximum area of not more
than 33% of the total area of the Principal Building on the Site, or as required by the
(5)
The quality of the exterior treatment and design for all Surveillance Suites shall be to the
satisfaction of the Development Authority. The design, character, and appearance of all
Surveillance Suites shall be compatible with any other building(s) existing on the
property.
SECTION 105 WORK CAMPS
(1)
All Work Camps that are an Accessory Use to industrial or resource Development require
a Development Permit.
(2)
A Temporary Development Permit for a Work Camp may be issued for up to one (1) year,
at which time an application may be made for a continuance of the Use for one (1)
additional year, after which a new Development Permit approval is required.
(3)
An application for a Development Permit for a Work Camp must provide the following
information:
(a)
the location, type, and purpose of the camp;
(b)
Adjacent land Uses;
(c)
the method of supplying water, as well as sewage and waste disposal to the
camp. The proposed method of sewage disposal must comply with the Alberta
Private Sewage Systems Standard of Practice and be to the satisfaction of the
Regional Health Authority;
(d)
the number of persons proposed to live in the camp;
(e)
demonstrate approval from Alberta Sustainable Resource Development if the
camp is on Crown land;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 134
SECTION 105 WORK CAMPS continued.
(f)
the start date for Development, date of occupancy by residents, and removal
date for the camp; and
(g)
reclamation measures once the camp is no longer needed.
(4)
Water supply must comply with all applicable provisions of the Public Health Act, as
amended.
(5)
Refer to SECTION 15 (2)(f) of this Bylaw regarding the review of Development Permit
applications for Work Camps.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 135
IX
LAND USE DISTRICTS
SECTION 106 ESTABLISHMENT OF DISTRICTS
(1)
For the purposes of this Bylaw, the County is divided into the following Land Use
Districts:
(a)
(b)
Resource Districts
(i)
Agricultural (AG)
(ii)
Crown Land (CL)
Residential Districts
(i)
Country Residential (CR)
(ii)
Serviced Estate Residential 1 (ES1)
(iii)
Serviced Estate Residential 2 (ES2)
(iv)
On-Site Estate Residential 1 (OE1)
(v)
On-Site Estate Residential 2 (OE2)
(vi)
Low Density Hamlet Residential (LDR) (vii)
Restricted Residential (Large Lot) (RR1)
(c)
(viii)
Medium Density Hamlet Residential (MDR)
(ix)
High Density Hamlet Residential (HDR)
(x)
Mobile Home Community (MHD)
Commercial and Recreational Districts
(i)
Resort Recreational (RR)
(ii)
Highway Commercial (HWC)
(iii)
Hamlet Commercial (HC)
(iv)
Central Commercial (C1)
(v)
Arterial Commercial/Shopping Centre (C2)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 136
SECTION 106 ESTABLISHMENT OF DISTRICTS continued.
(d)
Industrial Districts
(i)
Rural Industrial (RI) (ii)
Hamlet Industrial (HI)
(iii)
(e)
Serviced Industrial (SI)
Other Districts
(i)
Public/Institutional (PI)
(ii)
Natural Open Space (NOS)
(iii)
Parks, Recreation, and Open Space (P)
(iv)
Urban Reserve District (UR)
(v)
Airport District (A)
(vi)
Direct Control Provisions (DC)
(2)
The boundaries of the Districts listed above are delineated on the land use maps being
Schedules B through G attached hereto and as amended from time to time.
(3)
All public streets and lanes (roads) are excluded from any of the Land Use Districts under
this Bylaw.
SECTION 107 ESTABLISHMENT OF LAND USE DISTRICT REGULATIONS
(1)
Land Use Districts and regulations shall be set forth in PART NINE through FOURTEEN of
this Bylaw and the same may be amended in the similar manner as any other part or
section of this Bylaw.
(2)
Table 3: Summary of Land Uses by Land Use District sets out the Uses that are either
Permitted or Discretionary in each respective District. Only the Uses listed, and no others,
are considered Permitted or Discretionary Uses in the subject District.
(3)
On a parcel in an area within the District, no Building, Structure, or Use shall be
constructed, located, or altered, and no plan of Subdivision approved which contravenes
the regulations set out in each District.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 137
SECTION 107
OF LAND USE DISTRICT
continued.
Table 3: Summary of Land Uses by Land Use District
L
C
G
A
LAND USE TYPE
Abattoir
D
Accessory Building
P
Agricultural Service Facility
D
Agriculture, Extensive
P
Agriculture, Intensive
P
R
C
S1
E
1
E
O
S2
E
E
O
DR
RR1 M
DR
L
DR
H
HD
M
W
H
RR
1
C
HC
2
C
RI
SI PI
HI
OS
N
P
D
P
P
P
P
P
P
P
P
P
P
P
P
P
P
D
D
P
P
P
D
D
D
P
D
D
P
P
P
D
P
P
D
Aircraft Sale/Rental
Airport/Airstrip
D
D
D
D
Amusement Establishment,
Indoor
D
D
Amusement Establishment,
Outdoor
Animal Service Facility
D
D
Apartment Housing
Auctioneering Establishment
D
D
D
D
D
P/D
D
D
Establishment
Campground
D
D
D
D
D
D
D
D
D
D
D
D
Child Care Facility
D
Communication Tower
D
Community Facility
D
D
D
D
P
D
D
P
P
D
D
D
D
D
P
D
D
D
P
D
D
D
D
D
D
D
D
P
D
P
D
D
P
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
Dwelling, Duplex
D
Dwelling, Fourplex
D
D
D
D
D
D
D
Dwelling, Row Housing
Dwelling, Single Detached
D
D
D
Drive-in Business
Dwelling, Proximate Care
P
D
D
Cemetery
P
D
D
Automotive and Equipment
Sales, Repair, Rental, and
Storage
Bed and Breakfast
P
P
P
P
P
P
P
P
Dwelling, Stacked Row Housing
P
D
D
P
D
D
P
D
D
D
D
D
P
D
D
P
P
P
D
D
P
P
P
P
P
P
D
D
P
D
D
Exhibition Facilities
P
D
D
D
D
D
D
D
D
D
D
D
D
Farming and Cultivation of
Land
Fleet Services
Fuel and Chemical
Sales/Storage
Funeral, Cremation, and
Interment Services
D
P
P
Entertainment Establishment
Family Day Home
A
UR
P
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
Garden Suite
D
D
D
D
D
D
D
D
D
D
General Contractor Services
D
D
P
Greenhouse/Plant Nursery
D
D
D
Group Home
D
Guest Ranch
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
D
Home Business (Minor)
P
P
P
P
P
P
P
P
P
P
P
Hotel
D
P
P
P
P
P
P
P
D
P
P
LAC LA BICHE COUNTY
AUGUST 28, 2012
D
D
Health Services
Home Business (Major)
D
P
Garage Suite
D
D
P
P
D
P
P
Page 138
SECTION 107
OF LAND USE DISTRICT
continued.
P
P
P
P
D
D
P
A
P
D
Industrial, Light
Industrial, Rural
UR
D
NOS
D
PI
P
P
D
SI
Industrial, Heavy
HI
Industrial, General
RI
C2
C1
HC
HWC
RR
MHD
HDR
MDR
RR1
LDR
OE2
OE1
ES2
ES1
CR
LAND USE TYPE
CL
AG
Table 3: Summary of Land Uses by Land Use District continued.
P
P
Industrial Vehicle and
Equipment Sales, Repair,
Rental, and Storage
D
Institutional Use
D
Landfill
D
Mobile Home
P
D
D
D
D
D
D
D
D
D
D
D
D
P
D
P
P
P
P
P
D
P
Motel
P
P
P
D
D
P
Natural Open Space
Natural Resource
Extraction/Processing Facility
P
D
P
P
P
Neighbourhood Shopping
Centre
Non-Accessory Parking
D
D
D
D
D
D
P
D
P
Non-Motorized Outdoor
Recreation
P
Parks and Playgrounds
D
D
Personal Service Shop
D
D
D
D
P
D
D
D
Private Club
Professional, Financial, and
Office Support Services
D
D
P
P
P
P
D
D
P
P
P
P
P
P
P
P
P
Services
Public Utility
P
P
Recreation, Extensive
D
D
Recreation, Intensive
D
D
P
P
P
P
P
P
P
P
P
D
D
D
P
P
Recreational Vehicle - Cottage
Model
P
Recreational Vehicle - Park
Model
P
Religious Assembly
D
D
Retail Store
D
D
D
Secondary Suite
D
D
D
P
P
P
D
P
D
D
D
D
D
D
D
D
D
D
P
P
P
P
D
P
P
D
P
D
D
P
D
P
D
D
Veterinary Services, Minor
P
Warehouse Sales
D
D
D
D
D
D
D
Veterinary Services, Major
P
D
P
P
D
D
D
D
P
P
P
P
D
Refer to Table 1 - Parking and Loading Requirements in SECTION 51 for information regarding
required vehicular parking for Land Use Types.
LAC LA BICHE COUNTY
AUGUST 28, 2012
P
P
Temporary Development
D
D
P = PERMITTED USE; D = DISCRETIONARY USE
D
P
D
Service Station
D
P
P
Recreational Vehicle
Work Camp
P
D
Protective and Emergency
Surveillance Suite
D
P
Page 139
X
RESOURCE DISTRICTS
SECTION 108 AGRICULTURAL DISTRICT (AG)
(1)
General Purpose of District
(a)
(2)
The general purpose of this District is to protect and enhance the County’s
valuable agricultural land resource, the agri-based economy, and the rural
lifestyle, while still accommodating appropriate non-agricultural land Uses.
Agricultural District (AG) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
Agriculture, Intensive
(iv)
(v)
Home Business, Minor
(vi)
Mobile Home
(vii)
Public Utility
(viii)
Secondary Suite
Discretionary Uses
(i)
Abattoir
(ii)
(iii)
Airport/Airstrip
(iv)
(v)
(vi)
Bed and Breakfast Establishment
(vii)
Campground
(viii)
Cemetery
(ix)
Child Care Facility
(x)
Communication Tower
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 140
SECTION 108
(3)
DISTRICT (AG) continued.
(xi)
Community Facility
(xii)
(xiii)
Family Day Home
(xiv)
Garage Suite
(xv)
Garden Suite
(xvi)
(xvii)
Group Home
(xviii)
Guest Ranch
(xix)
Home Business, Major
(xx)
Institutional Use
(xxi)
(xxii)
(xxiii)
Surveillance Suite
(xxiv)
Work Camp
Agricultural District (AG) Regulations
(a)
Minimum parcel area of 2.0 ha (5.0 ac) (b)
Minimum Site Width of 50.0 m (164.0 ft)
(c)
Minimum front Setback of 30.0 m (98.4 ft)
(d)
Minimum side Setback of 6.0 m (19.7 ft)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 141
SECTION 108
DISTRICT (AG) continued.
(e)
Minimum rear Setback of 7.6 m (25.0 ft)
(f)
Maximum number of Dwelling Units per Lot as per SECTION 92
(g)
The Subdivision of a maximum of a total of two parcels shall be permitted
provided the following criteria are met:
(i)
the parcels are the first and second parcels subdivided from a previously
un-subdivided quarter section (Un-subdivided quarter sections shall
include quarter sections or river Lots where Subdivision due to natural
fragmentation or for public Uses may have occurred.);
(ii)
each parcel is a minimum of 2.0 ha (5.0 ac);
(iii)
demonstrate to the satisfaction of the Subdivision Authority that the
parcel contains a suitable Building envelope and can accommodate onSite services;
(iv)
demonstrate to the satisfaction of the Subdivision Authority that existing
farming operations will not be restricted; and
(v)
legal and physical access is available.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 142
SECTION 109 CROWN LAND DISTRICT (CL)
(1)
(a)
(2)
Crown Land District (CL) Uses
(a)
(b)
(3)
The general purpose of this District is to facilitate collaboration with the provincial
government for lands over which Lac La Biche County has jurisdiction over nonhighway roads only and to provide a basis for municipal planning if lands are
released by the provincial government in the future.
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
Communication Tower
(iv)
Industrial, Rural
(v)
Natural Resource Extraction/Processing Facility
(vi)
Public Utility
Discretionary Uses
(i)
Airport/Airstrip
(ii)
Fuel and Chemical Sales/Storage
(iii)
Industrial, Heavy
(iv)
(v)
(vi)
Surveillance Suite
(vii)
Work Camp
Crown Land District (CL) Regulations
(a)
Minimum Site area of 64.0 ha (160.0 ac) unless naturally fragmented
(b)
Minimum Floor Area of 65.0 m2 (700 ft2)
(c)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 143
SECTION 109 CROWN LAND DISTRICT (CL) continued.
(d)
(e)
(f)
A Development Permit for any Use in this District may be issued by the
Development Authority for Development on Crown land subject to a disposition
being obtained from Alberta Sustainable Resource Development.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 144
XI
RESIDENTIAL DISTRICTS
SECTION 110 COUNTRY RESIDENTIAL DISTRICT (CR)
(1)
(a)
(2)
The general purpose of this District is to provide opportunities for multi-Lot
country residential living in a manner that reduces potential land Use conflicts
and protects the integrity of the environment. The CR District shall not be applied
to any new Developments within Lac La Biche County.
Country Residential District (CR) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
(iv)
Mobile Home
(v)
Public Utility
Discretionary Uses
(i)
(ii)
(iii)
Child Care Facility
(iv)
Communication Tower
(v)
Community Facility
(vi)
(vii)
Family Day Home
(viii)
Garage Suite
(ix)
Garden Suite
(x)
Group Home
(xi)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 145
SECTION 110 COUNTRY RESIDENTIAL DISTRICT (CR) continued.
(3)
(4)
(xii)
Institutional Use
(xiii)
Country Residential District (CR) Regulations
(a)
Minimum parcel area of 0.2 ha (0.5 ac)
(b)
Maximum parcel area of 2.0 ha (4.94 ac)
(c)
Minimum parcel area within the Lakeview Estates Area Structure Plan shall be
0.40 ha (1.0 ac).
(d)
(e)
Minimum front Setback from an internal Subdivision road of 7.6 m (25.0 ft)
(f)
Minimum front Setback from the ROW of any road external to the Subdivision of
30.0 m (98.4 ft)
(g)
(h)
Minimum Rear Yard of 7.6 m (25.0 ft)
(i)
Maximum Building Height of 10.0 m (32.8 ft)
(j)
Maximum number of Dwelling Units per parcel as per SECTION 92
Keeping of Animals (Following specific provisions shall apply)
(a)
No livestock or poultry, with the exception of dogs, cats and other such domestic
pets as are typically kept indoors, shall be kept on lots of less than 1.2 hectares
(3.0 acres) in size;
(b)
Subject to subsection 4 (c), on a lot more than 1.2 hectares (3.0 acres) in size, not
more than a total of two (2) of the following may be kept: horses, cattle, pigs,
donkeys, mules, goats, or exotic animals, or alternatively a total of twelve fowl or
rabbits;
(c)
A person may be allowed to keep animals, livestock or fowl in excess of the
number specified in 4 (b) if, in the opinion of the Development Authority, the site
is suitable for such use and it is determined that the additional numbers would not
create a nuisance for neighbouring properties; and;
(d)
All animals are intended only for the private use and enjoyment of the residents of
the lot.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 147
SECTION 111 SERVICED ESTATE RESIDENTIAL DISTRICT 1 (ES1)
(1)
(a)
(2)
The general purpose of this District is to provide opportunities for smaller Lot
estate residential living serviced by municipal water and sewer surrounding
existing Hamlets and other urban areas, as indicated in the Lac La Biche County
Serviced Estate Residential District 1 (ES1) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
(iv)
Mobile Home
(v)
Public Utility
Discretionary Uses
(i)
(ii)
Apartment Housing
(iii)
(iv)
Child Care Facility
(v)
Communication Tower
(vi)
Community Facility
(vii)
(viii)
Family Day Home
(ix)
Garage Suite
(x)
Garden Suite
(xi)
Group Home
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 148
SECTION 111 SERVICED ESTATE RESIDENITAL DISTRICT 1 (ES1) continued.
(3)
(xii)
(xiii)
Institutional Use
Serviced Estate Residential District 1 (ES1) Regulations
(a)
(b)
Maximum parcel area of 0.4 ha (1.0 ac). Apartment Housing is exempt from this
regulation.
(c)
(d)
(e)
20.0 m (65.6 ft)
(f)
Minimum side Setback of 3.0 m (9.8 ft), unless the side property line abuts a
ROW of a road external to the Subdivision in which a minimum side Setback of
20.0 m (65.6 ft) applies
(g)
Minimum rear Setback of 3.0 m (9.8 ft), unless the rear property line abuts a
ROW of a road external to the Subdivision in which a minimum rear Setback of
(h)
Maximum Building Height of 10.0 m (32.8 ft) with the exception of Apartment
Housing which shall be a maximum of 23.0 m (75.5 ft)
(i)
Maximum number of Dwelling Units per parcel as per SECTION 92. Apartment
Housing is exempt from this regulation
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 148
SECTION 112 SERVICED ESTATE RESIDENTIAL DISTRICT 2 (ES2)
(1)
(a)
(2)
The general purpose of this District is to provide opportunities for standard Lot
estate residential living serviced by municipal water and sewer surrounding
existing Hamlets and other urban areas, as indicated in the Lac La Biche County
Serviced Estate Residential District 2 (ES2) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
(iv)
Mobile Home
(v)
Public Utility
Discretionary Uses
(i)
(ii)
(iii)
Child Care Facility
(iv)
Communication Tower
(v)
Community Facility
(vi)
(vii)
Family Day Home
(viii)
Garage Suite
(ix)
Garden Suite
(x)
Group Home
(xi)
(xii)
Institutional Use
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 149
SECTION 112 SERVICED ESTATE RESIDENTIAL DISTRICT 2 (ES2) continued.
(3)
Serviced Estate Residential District 2 (ES2) Regulations
(a)
(b)
(c)
(d)
(e)
20.0 m (65.6 ft)
(f)
(g)
(h)
(i)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 150
SECTION 113 ON-SITE ESTATE RESIDENTIAL DISTRICT 1 (OE1)
(1)
(a)
(2)
The general purpose of this District is to provide opportunities for smaller Lot
estate residential living with water provided by well or cistern and on-Site
sewage disposal that surrounds serviced estate residential Districts.
On-Site Estate Residential District (OE1) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
(iv)
Mobile Home
(v)
Public Utility
Discretionary Uses
(i)
(ii)
(iii)
Child Care Facility
(iv)
Communication Tower
(v)
Community Facility
(vi)
(vii)
Family Day Home
(viii)
Garage Suite
(ix)
Garden Suite
(x)
Group Home
(xi)
(xii)
Institutional Use
(xiii)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 151
SECTION 113 ON-SITE ESTATE RESIDENTIAL DISTRICT 1 (OE1) continued.
(3)
On-Site Estate Residential District (OE1) Regulations
(a)
(b)
(c)
(d)
(e)
30.0 m (98.4 ft)
(f)
(g)
(h)
(i)
Maximum Dwelling Units per parcel as per SECTION 92
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 152
SECTION 114 ON-SITE ESTATE RESIDENTIAL DISTRICT 2 (OE2)
(1)
(a)
(2)
The general purpose of this District is to provide opportunities for larger Lot
estate residential living with water provided by well or cistern and on-Site
sewage disposal that surrounds serviced estate residential Districts.
On-Site Estate Residential District (OE2) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
(iv)
Mobile Home
(v)
Public Utility
Discretionary Uses
(i)
(ii)
(iii)
Child Care Facility
(iv)
Communication Tower
(v)
Community Facility
(vi)
(vii)
Family Day Home
(viii)
Garage Suite
(ix)
Garden Suite
(x)
Group Home
(xi)
(xii)
Institutional Use
(xiii)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 153
SECTION 114 ON-SITE ESTATE RESIDENTIAL DISTRICT 2 (OE2) continued.
(3)
On-Site Estate Residential District (OE2) Regulations
(a)
(b)
(c)
Minimum Site Width of 45.0 m (148 ft)
(d)
(e)
30.0 m (98.4 ft)
(f)
(g)
(h)
(i)
Maximum Dwelling Units per parcel as per SECTION 92
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 154
SECTION 115 LOW DENSITY HAMLET RESIDENTIAL DISTRICT (LDR)
(1)
(a)
(2)
The purpose of this District is to provide primarily for Single Detached Dwelling
Uses in Lac La Biche County’s Hamlets.
Low Density Hamlet Residential District (LDR) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
(iv)
Public Utility
Discretionary Uses
(i)
(ii)
Child Care Facility
(iii)
Dwelling, Duplex
(iv)
(v)
Family Day Home
(vi)
Garage Suite:
1.
on corner Lots; or
2.
on Lots fronting onto a service Road; or
3.
on Lots backing onto a lane adjacent to an arterial Road that is
separated from the lane by a landscaped boulevard; or
4.
on Lots where a Side or Rear Lot line abuts a Site in the Medium
Density Hamlet Residential (MDR), the High Density Hamlet
Residential (HDR), or the Parks, Recreation, and Open Space
Districts, or is not separated from these Sites by a public
roadway more than 10.0 m (32.8 ft) wide
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 155
SECTION 115 LOW DENSITY HAMLET
(vii)
(3)
DISTRICT (LDR) continued.
Garden Suite
1.
on corner Lots; or
2.
3.
4.
Residential (HDR), or the Parks, Recreation, and Open Space
(viii)
Group Home
(ix)
(x)
Institutional Use
(xi)
Mobile Home
(xii)
(xiii)
Religious Assembly
Low Density Hamlet Residential District (LDR) Regulations
(a)
Minimum parcel area of 360 m2 (3,875 ft2)
(b)
Minimum Site Width of 12 m (39.4 ft)
(c)
Minimum Site depth of 30 m (98.4 ft)
(d)
(e)
Minimum side Setback of 1.5 m (4.9 ft). In laneless Subdivisions, one side
Setback must be a minimum of 3.5 m (11.5 ft).
(f)
All corner Lots must have a minimum side Setback of 4.0 m (13.1 ft) Adjacent to
a Public Roadway, other than a lane, or a highway. This requirement may be
reduced by 0.2 m (0.7 ft) for each 0.3 m (1.0 ft) distance the main Building is
located back (in addition to the minimum front Setback) from the front road.
(g)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 156
SECTION 115 LOW DENSITY HAMLET
DISTRICT (LDR) continued.
(h)
(i)
(j)
The maximum total Site Coverage shall not exceed 40%, with a maximum of
28% for a Principal Building and a maximum of 12% for Accessory Buildings.
Where a garage is attached to or designed as an integral part of a Dwelling, the
maximum Site Coverage for the Principal Building shall be 40%.
(k)
Mobile Homes shall not be allowed as either a Permitted or Discretionary Use
within the Hamlet of Beaver Lake.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 157
SECTION 116 RESTRICTED RESIDENTIAL (LARGE LOT) DISTRICT (RR1)
(1)
(a)
(2)
To provide for the Development of larger Single Detached Dwellings at a low
density, in the Hamlet of Lac La Biche. The RR1 District shall not be applied to
any new Developments within Lac La Biche County.
Restricted Residential (Large Lot) District (RR1) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
(iv)
Public Utility
Discretionary Uses
(i)
(ii)
Child Care Facility
(iii)
Family Day Home
(iv)
(v)
Garage Suite
1.
on corner Lots; or
2.
3.
4.
Residential (HDR), or the Parks, Recreation, and Open Space (P)
Garden Suite
1.
on corner Lots; or
2.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 158
SECTION 116 RESTRICTED RESIDENTIAL (LARGE LOT) DISTRICT (RR1) continued.
(3)
3.
4.
Residential (HDR), or the Parks, Recreation, and Open Space (P)
(vi)
(vii)
Restricted Residential (Large Lot) District (RR1) Regulations
(a)
(b)
(c)
Minimum Site depth of 37.0 m (121.4 ft)
(d)
(e)
Minimum side Setback of 1.5 m (4.9 ft). In laneless Subdivisions, one side
Setback must be a minimum of 3.5 m (11.5 ft).
(f)
(g)
(h)
(i)
For residential Uses, the minimum Building Floor Area for a single Storey
Dwelling shall be 100 m 2 (1,076 ft2). The minimum Building Floor Area for the
main floor of a multi-Storey/split Dwelling shall be 110 m2 (1,184 ft2).
(j)
(k)
The maximum total Site Coverage shall not exceed 40%, with a maximum of
28% for a Principal Building and a maximum of 12% for Accessory Buildings.
Where a garage is attached to or designed as an integral part of a Dwelling, the
maximum Site Coverage for the Principal Building shall be 40%.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 159
SECTION 117 MEDIUM DENSITY HAMLET RESIDENTIAL DISTRICT (MDR)
(1)
(a)
(2)
The purpose of this District is to provide for medium density housing in Hamlets,
where some units may not be at Grade.
Medium Density Hamlet Residential District (MDR) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
Dwelling, Duplex
(iii)
(iv)
Dwelling, Single Family
(v)
(vi)
(vii)
Public Utility
Discretionary Uses
(i)
(ii)
Child Care Facility
(iii)
Dwelling, Fourplex
(iv)
(v)
(vi)
Family Day Home
(vii)
Garage Suite
(viii)
Garden Suite
(ix)
Group Home
(x)
(xi)
Institutional Use
(xii)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 160
SECTION 117 MEDIUM DENSITY HAMLET
(3)
DISTRICT (MDR) continued.
(xiii)
(xiv)
Professional, Financial, and Office Support Services
(xv)
Religious Assembly
(xvi)
Retail Store
(xvii)
Secondary Suite
Medium Density Hamlet Residential District (MDR) Regulations
(a)
(b)
Minimum Site Area (per Dwelling Unit):
(i)
Single Detached:
450.0 m2 (4,844 ft2)
(ii)
Duplexes:
196.0 m2 (2,110 ft2)
(iii)
Fourplex, Row Housing 175.0 m2 (1,883.7 ft2)
Minimum Site Width (per Dwelling Unit):
(i)
Single Detached:
15.0 m (49.2 ft)
(ii)
Duplexes:
7.5 m (24.6 ft)
(iii)
Fourplex, Row Housing 6.1 m (20.0 ft)
(c)
(d)
Minimum side Setback of 1.5 m (4.9 ft) for Single Detached Dwellings and
Duplexes
(e)
Minimum side Setback of 3.0 m (9.8 ft) for all other Uses
(f)
(g)
(h)
Maximum Building Height of 10.0 m (32.8 ft) for Single Detached Dwellings,
Duplexes, and Row Housing
(i)
Maximum Building Height of 15.0 m (49.2 ft) for all other Uses
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 161
(4)
(j)
Maximum density of 80 units per ha (32 units per ac)
(k)
The maximum total Site Coverage shall be 40%, with a maximum of 28% for a
Principal Building and a maximum of 12% for Accessory Buildings. Where parking
is provided underground or Garages are attached or designed as an integral part
of Dwellings, the maximum for Principal Buildings shall be 40%.
(l)
Minimum private outdoor Amenity Area of 30.0 m2 (322.9 ft2) per Dwelling for
Dwellings any part of which is contained in the lowest Storey, and 15.0 m2 (161.4
ft2) per Dwelling for Dwellings no part of which is contained in the lowest Storey
shall be provided. Side Yards and vehicle parking areas shall not be considered
as part of any amenity provision.
Additional Development Regulations for Discretionary Uses
(a)
Notwithstanding the other regulations of this District, where Row Housing
Developments abut a Site Districted to allow Single Detached Dwelling as a
Permitted Use, the following regulations shall apply:
(i)
a minimum landscaped Setback of 7.5 m (24.6 ft) shall be required from
any Row Housing to any property line common with Single Detached
Dwelling. No surface parking or loading facilities shall be located within
this Setback area.
(ii)
no outdoor parking, trash collection or outdoor storage areas shall be
developed within 3.0 m (9.8 ft) of any property line that abuts a Site
Districted to allow Single Detached Dwelling as a Permitted Use;
(iii)
a solid screen fence, 1.8 m (5.9 ft) in Height, shall be installed along all
property lines that abut a Site Districted to allow Single Detached
Dwelling as a Permitted Use, except for common flanking Front Yard
boundaries;
(iv)
design techniques including, but not limited to, the Use of sloped roofs,
variations in Building Setbacks and articulation of Building façades, shall
be employed in order to minimize the perception of massing of the
Building when viewed from Adjacent residential areas and roadways;
(v)
Building finishes shall be compatible with the exterior finishing materials
and colours typical of Adjacent Single Detached Dwelling; and
(vi)
Single Detached Dwellings in this District shall be developed in
accordance with the provisions of the Low Density Hamlet Residential
(LDR) District.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 162
(b)
The total Floor Area of Personal Service Shops and Retail Stores shall not exceed
275 m2 (2,960 ft2) and these Uses shall not be permitted in any freestanding
Structure separate from a Structure containing Residential Uses.Their principal
entrance shall be a separate, outside entrance.
LAC LABICHE
JULY
LAND USE BYLAW NO. 09·037 ·SCHEDULE
Page
SECTION 118 HIGH DENSITY HAMLET RESIDENTIAL DISTRICT (HDR)
(1)
(a)
(2)
The purpose of this District is to provide for apartments in the Hamlets of Lac La
Biche and Plamondon.
High Density Hamlet Residential District (HDR) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
Apartment Housing on a Site 1.0 ha (2.5 ac) or less
(iii)
Dwelling, Fourplex
(iv)
(v)
Public Utility
Discretionary Uses
(i)
Apartment Housing on a Site greater than 1.0 ha (2.5 ac) in size
(ii)
(iii)
Child Care Facility
(iv)
Dwelling, Duplex
(v)
(vi)
(vii)
(viii)
(ix)
Family Day Home
(x)
Garage Suite
(xi)
Garden Suite
(xii)
Group Home
(xiii)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 164
SECTION 118 HIGH DENSITY HAMLET
(3)
(4)
DISTRICT (HDR) continued.
(xiv)
Institutional Use
(xv)
(xvi)
(xvii)
(xviii)
Religious Assembly
(xix)
Retail Store
(xx)
Secondary Suite
High Density Hamlet Residential District (HDR) Regulations
(a)
Minimum Site area of 800 m2 (8,611 ft2)
(b)
(c)
(d)
(e)
(f)
Minimum rear Setback of 7.5 m (24.6)
(g)
(h)
Maximum density of 125 units per ha (51 units per ac)
(i)
Maximum Floor Area Ratio (FAR) of 1.5
Additional Development Regulations for Discretionary Uses
(a)
A minimum Amenity Area of 7.5 m2 (80.7 ft2) per Dwelling shall be provided. Side
Yards and vehicle parking areas shall not be considered as part of any amenity
provision.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 165
SECTION 118 HIGH DENSITY HAMLET
(b)
DISTRICT (HDR) continued.
Notwithstanding the other regulations of this District, where Apartment Housing
or Row Housing Developments abut a Site Districted to allow Single Detached
Dwelling as a Permitted Use, the following regulations shall apply:
(i)
a minimum landscaped Setback of 4.0 m (13.1 ft) shall be required from
any Apartment or Row Housing to any property line common with Single
Detached Dwelling. No surface parking or loading facilities shall be
located within this Setback area.
(ii)
no outdoor parking, trash collection or outdoor storage areas shall be
developed within 3.0 m (9.8 ft) of any property line that abuts a Site
Districted to allow Single Detached Dwelling as a Permitted Use;
(iii)
a solid screen fence, 1.8 m (5.9 ft) in Height, shall be installed along all
property lines that abut a Site Districted to allow Single Detached
Dwelling as a Permitted Use, except for common flanking Front Yard
boundaries;
(iv)
design techniques including, but not limited to, the Use of sloped roofs,
variations in Building Setbacks, and articulation of Building façades, shall
be employed in order to minimize the perception of massing of the
Building when viewed from Adjacent residential areas and roadways; and
(v)
Building finishes shall be compatible with the exterior finishing materials
and colours typical of Adjacent Single Detached Dwellings.
(c)
Single Detached Dwellings in this District shall be developed in accordance with
the provisions of the Low Density Hamlet Residential (LDR) District.
(d)
Medium Density Dwellings in this District shall be developed in accordance with
the provisions of the Medium Density Residential (MDR) District.
(e)
The total Floor Area of Personal Service Shops and Retail Stores shall not exceed
275 m2 (2,960 ft2) and these Uses shall not be permitted in any freestanding
Structure separate from a Structure containing Residential Uses. Their principal
entrance shall be a separate, outside entrance.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 166
SECTION 119 MOBILE HOME COMMUNITY DISTRICT (MHD)
(1)
(a)
(2)
Mobile Home Community District (MHD) Uses
(a)
(b)
(3)
The purpose of this District is to provide for the orderly Development of Mobile
Home communities, either as Mobile Home Parks or Mobile Home Subdivisions.
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
Mobile Home
(iv)
(v)
Public Utility
Discretionary Uses
(i)
(ii)
Child Care Facility
(iii)
Communication Tower
(iv)
(v)
Family Day Home
(vi)
Group Home
(vii)
(viii)
Institutional Use
(ix)
Retail Store
Mobile Home Community District (MHD) Regulations
(a)
Minimum Lot area for a Mobile Home Park or Subdivision of 2.0 ha (4.9 ac)
(b)
Minimum Site area for Single wide of 370 m 2 (3,983 ft2)
(c)
Minimum Site area for Double wide of 420 m2 (4,521 ft2)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 167
SECTION 119 MOBILE HOME
DISTRICT (MHD) continued.
(d)
Minimum Site dimensions for Single wide of 11.0 m x 29.0 m (36.1 ft x 95.1 ft)
(e)
Minimum Site dimensions for Double wide of 14.0 m X 27.0 m (45.9 ft x 88.6 ft)
(f)
Maximum density of 22 units per ha (9 units per acre) in the Hamlet of Lac La
Biche
(g)
Maximum density of 12.5 units per ha (5 units per acre) outside of the Hamlet of
Lac La Biche
(h)
Minimum front Setback from ROW of any primary highway of 40.0 m (131.2 ft) (i)
Minimum front Setback from ROW of any municipal road allowance or secondary
road of 30.0 m (98.4 ft)
(4)
(j)
(k)
Minimum side Setback from any external road ROW of 30.0 m (98.4 ft)
(l)
Minimum side Setback from anything other than an external road ROW shall be
1.2 m (3.9 ft) outside the Hamlet of Lac La Biche
(m)
Minimum side Setback from anything other than an external road ROW shall be
1.5 m (4.9 ft) in the Hamlet of Lac La Biche
(n)
Minimum rear Setback from any external road ROW of 30.0 m (98.4 ft)
(o)
Minimum rear Setback from anything other than an external road ROW shall be
1.5 m (4.9 ft) outside the Hamlet of Lac La Biche
(p)
Minimum rear Setback from anything other than an external road ROW shall be
2.0 m (6.6 ft) in the Hamlet of Lac La Biche
(q)
Minimum separation between Dwellings of 3.0 m (9.8 ft)
(r)
Site Coverage of 50% of the Site area, and all Accessory Buildings and Structures
combined shall not exceed 15%
(s)
Maximum Building Height for all Buildings of 6.0 m (19.7 ft)
Additional Development Regulations
(a)
all stalls shall be located a minimum of 2.0 m (6.6 ft) from the Mobile Home Park
or Subdivision boundary;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 168
(b)
each stall shall be clearly marked by means of stakes, countersunk steel posts,
fences, curbs, or hedges;
(c)
the design of the Mobile Home community shall be to the satisfaction of the
(d)
every stall shall front onto an Internal Roadway rather than a road or highway;
(e)
each Mobile Home unit shall be placed on a suitable hard-surfaced base within
the stall;
(f)
all additions, porches, garages and accessory Structures shall be of an equivalent
quality and appearance as the Mobile Home unit and shall compliment the
exterior;
(g)
all Mobile Homes shall have current CSA certification (or equivalent, thereof as
determined by the Development Authority);
(h)
all internal roadways shall have a minimum right-of-way of 8.0 m (26.2 ft) and a
minimum carriageway of 3.8 m (12.5 ft), to the satisfaction of the Development
Authority;
(i)
all internal roadways shall be hard-surfaced, well-drained, and maintained to the
satisfaction of the Development Authority;
(j)
each Mobile Home stall shall accommodate two off-street parking spaces;
(k)
in addition to private parking spaces, the Development shall provide 0.15 visitor
parking spaces per Mobile Home stall;
(l)
if available, all Mobile Home Parks and Subdivisions shall be connected to the
municipal water supply and sanitary sewage disposal services. All utilities shall be
provided underground to all stalls;
(m)
street lighting and other utilities shall be to the same standard as that in a
conventional residential neighbourhood;
(n)
at least 5%, or as determined by the Development Authority, of the gross Site
area shall be developed as playground space/Amenity Area in locations
convenient to all Mobile Home park residents;
(o)
a storage compound shall be provided for recreational vehicles and other
equipment at the ratio of 14.0 m 2 (1,227.1 ft2) per unit;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 169
(p)
all Mobile Homes shall be skirted around the base of the home within sixty (60)
days of the placement of the Mobile Home on the Lot. Such skirting shall be of a
manufactured or similar type to harmonize with the Mobile Home;
(q)
the hitch and wheels of a manufactured home shall be removed within sixty (60)
days of its placement on a Lot;
(r)
all open areas and common areas shall be fully landscaped to the satisfaction of
the Development Authority within two (2) years of the issue of the Development
Permit for a Mobile Home Development or for the individual Mobile Homes. This
shall include the Yard area of each stall;
(s)
screen fences or walls shall be erected around laundry Yards, refuse collection
areas, and storage areas to the satisfaction of the Development Authority;
(t)
only one (1) main free-standing identification sign shall be allowed. It should be
in keeping with the residential character of the area and located near the
entrance to the Mobile Home Development; and
(u)
direction signs within a Mobile Home Development must be integrated in design
and appearance, be kept in scale with the surroundings, and constructed of
durable material.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 170
Schedule A1
SECTION 119a NARROW LOT SINGLE DETACHED DWELLING DISTRICT (NSD)
(1)
(a)
(2)
The purpose of this District is to provide for single family residential development on small
lots.
Narrow Lot Single Detached Dwelling (NSD) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
(iv)
Public Utility
Discretionary Uses
(i)
(3)
Child Care Facility
Narrow Lot Single Detached Dwelling (NSD) Regulations
(a)
(b)
Minimum Site Width of 9 m (29.5 ft)
(c)
Minimum Site depth of 25 m (82.0 ft)
(d)
Minimum front Setback of 4.5 m (14.8 ft), except the setbacks shall be 6.0 m (19.7 ft) for
a garage attached to the front of a dwelling
(e)
Minimum side Setback of 1.2 m (3.9 ft). In laneless subdivision, excepting corner lots, a
dwelling without an attached garage shall provide one (1) 2.7 m (8.9 ft) interior side yard to
provide vehicular access to the rear yard.
(f)
All corner Lots must have a minimum side Setback of 3.5 m (11.5 ft) of the back of a
public sidewalk or the curb if there is no public sidewalk.
(g)
(h)
(i)
The maximum total Site Coverage shall not exceed 45%.
Amendment Bylaw 12-051
XII
COMMERCIAL AND RECREATIONAL DISTRICTS
SECTION 120 RESORT RECREATIONAL DISTRICT (RR)
(1)
(a)
(2)
The general purpose of this District is to accommodate Development that
typically locates Adjacent to prominent natural features, includes overnight
accommodation for guests and a wide variety of activities, such as restaurants,
entertainment, sports, and access to outdoor recreational opportunities.
Resort Recreational District (RR) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
Hotel
(iv)
Motel
(v)
Public Utility
(vi)
(vii)
(viii)
Recreation Vehicle
(ix)
Recreation Vehicle - Cottage Model
(x)
Recreation Vehicle - Park Model
Discretionary Uses
(i)
Apartment Housing
(ii)
Campground
(iii)
Child Care Facility
(iv)
Community Facility
(v)
Dwelling, Duplex
(vi)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 171
SECTION 120 RESORT
(3)
(4)
DISTRICT (RR) continued.
(vii)
(viii)
(ix)
Family Day Home
(x)
Institutional Use
(xi)
(xii)
Retail Store
(xiii)
Surveillance Suite
(xiv)
Work Camp
Resort Recreational District (RR) Regulations
(a)
Minimum Site Area for Recreational (Extensive) Use of 64.0 ha (158.1 ac), unless
the quarter is fragmented
(b)
Minimum Site Area for other Uses is at the discretion of the Development
Authority
Additional Development Regulations
(a)
(b)
Any application for golf course Development will be required to include a
Construction Management Plan to the satisfaction of the Development Authority,
which will outline:
(i)
the construction season;
(ii)
the impact on the vegetation, water courses and wildlife;
(iii)
and will outline the operation plan including;
(iv)
drainage, and
(v)
chemicals to be used in golf course Development and maintenance
(pesticides, herbicides and fungicides);
The Development Authority has the right to refer this Construction Management
Plan to any outside expert or provincial agency and defer the cost of such referral
to the developer;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 172
SECTION 120 RESORT
DISTRICT (RR) continued.
(c)
Should the Development be proposed where no physical road access exists and
road access is required by the Development Authority, the developer will be
responsible for the road construction, with the opportunity to enter into an
Endeavour to Assist Agreement with the Municipality for future contribution to
the road costs by future developers. In addition, the road will be maintained by
the developer for a two (2) year period before the County accepts responsibility
for the road;
(d)
Proposals for convention facilities may, if demonstrated suitable to the overall
design of the Development, have the requirement for paved parking waived by
the Development Authority; and
(e)
In case of an application for a Development Permit on Crown land, the
Development Authority will require the appropriate Provincial authorization prior
to the issuance of a Development Permit.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 173
SECTION 121 HIGHWAY COMMERCIAL DISTRICT (HWC)
(1)
(a)
(2)
The general purpose of this District is to accommodate the Development of
highway commercial land Uses in locations best suited to serve the traveling
public without adversely affecting the safety of highways or conflicting with other
land Uses. A permit for Development in this District must also be granted by
Alberta Transportation (when Adjacent to a controlled highway).
Highway Commercial District (HWC) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
Hotel
(iv)
Motel
(v)
Public Utility
(vi)
Retail Store
(vii)
Service Station
(viii)
Discretionary Uses
(i)
(ii)
Amusement Establishment, Indoor
(iii)
Automotive and Equipment Sales, Repair, Rental, and Storage
(iv)
Campground
(v)
Communication Tower
(vi)
Drive-in Business
(vii)
(viii)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 174
SECTION 121 HIGHWAY
(3)
DISTRICT (HWC) continued.
(ix)
(x)
Health Services
(xi)
(xii)
(xiii)
(xiv)
Religious Assembly
(xv)
Surveillance Suite
(xvi)
(xvii)
Warehouse Sales
Highway Commercial District (HWC) Regulations
(a)
Minimum area of Service Stations and Fuel and Chemical Sales/Storage as per
SECTION 102
(b)
Minimum Area of all other Uses in this District at the discretion of the
Development Authority who shall adhere to the minimum Site requirements and
consider:
(i)
access to and egress from the Site;
(ii)
traffic circulation within the Site;
(iii)
adequate surfacing and drainage of the Site;
(iv)
adequate parking and loading requirements; and
(v)
snow removal and cleaning accessibility.
(c)
Minimum front Setback from ROW of any primary highway of 30.0 m (98 4 ft)
(d)
highway of 20.0 m (65.6 ft)
(e)
Minimum front Setback from the Front Yard property line Adjacent to an internal
Subdivision road of 10.0 m (32.8 ft)
(f)
Minimum side and rear Setback Adjacent to a roadway of 30.0 m (98.4 ft)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 175
SECTION 121 HIGHWAY
(4)
DISTRICT (HWC) continued.
(g)
Minimum side and rear Setback for other of 6.0 m (19.7 ft)
(h)
Site Coverage for Service Stations and Fuel and Chemical Sales/Storage as per
SECTION 102
(i)
Site Coverage for all other Uses is 50% of total Site area
(j)
(k)
Maximum Site Width of 180.0 m (590.6 ft)
(l)
Minimum Site Depth of 45.0 m (147.6 ft)
(m)
Maximum Site Depth of 150.0 m (492.1 ft)
(n)
Aggregate length of frontage of Lot or Lots along highway of 300.0 m (984.3 ft)
or less, unless a greater Width or depth is considered necessary by the
Development Regulations for Permitted and Discretionary Uses
(a)
Where the developer adopts architectural control guidelines for a specific
Development, the following elements shall be contained in the document in order
to ensure the aesthetic and functional quality of the Buildings:
(i)
compatibility of Lot Grading and drainage requirements within the Lot;
(ii)
the placement of the Building on the Site to ensure proper utilization of
the land and compatibility with surrounding Buildings;
(iii)
styling and type of Building to ensure compatibility with surrounding
Buildings; and
(iv)
compatibility of exterior finish and coordination of colour relationships.
(b)
The Subdivision Authority may recommend that at the time of Subdivision that
the developer register a restrictive covenant against the Subdivision in order to
ensure ongoing conformance with the architectural control guidelines.
(c)
In reviewing an application for a Discretionary Use, the Development Authority
shall consider the design, siting, Landscaping, and Screening of the proposed
Development in order to minimize any objectionable aspects or incompatibilities
such as traffic and patrons using the Site, increased noise, dust, odours, or
refuse and any other factors which would interfere with or affect the Use and
enjoyment of Adjacent land Uses.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 176
SECTION 122 HAMLET COMMERCIAL DISTRICT (HC)
(1)
(a)
(2)
The general purpose of this District is to accommodate a wide variety of retail
and service commercial Uses which will service the needs of residents in and
around a Hamlet area. Development shall be sensitive and in scale with existing
Development along the commercial street and any surrounding residential
neighbourhood.
Hamlet Commercial District (HC) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
Child Care Facility
(iii)
(iv)
Health Services
(v)
(vi)
(vii)
Public Utility
(viii)
Retail Store
(ix)
Service Station
Discretionary Uses
(i)
(ii)
(iii)
(iv)
Apartment Housing
(v)
(vi)
(vii)
Community Facility
(viii)
Drive-in Business
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 177
SECTION 122 HAMLET
(3)
(4)
DISTRICT (HC) continued.
(ix)
(x)
Hotel
(xi)
Institutional Use
(xii)
Motel
(xiii)
(xiv)
(xv)
Private Club
(xvi)
(xvii)
Religious Assembly
(xviii)
Service Station
(xix)
Hamlet Commercial District (HC) Regulations
(a)
Site dimensions at the discretion of the Development Authority
(b)
Minimum Floor Area for Apartment Housing above main floor commercial for one
bedroom unit of 50.0 m2 (538.2 ft2)
(c)
Minimum Floor Area for Apartment Housing above main floor commercial per unit
for each bedroom in the unit thereafter of 11.0 m2 (118.4 ft2)
(d)
Minimum Setbacks for Side or Rear Yards Adjacent to a residential District of
3.0 m (9.8 ft)
(e)
Minimum Setbacks for Other at the discretion of the Development Authority
(f)
Maximum Height of Buildings of 12.0 m (39.4 ft) or 3 Storeys, whichever is
greater
(g)
Maximum Floor Area of 2,500 m 2 (26,910 ft2)
(h)
(a)
The Development Authority may require, at their discretion, that those side and
Rear Yards abutting residential Districts be screened by means of a fence or
Landscaping, or both;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 178
SECTION 122 HAMLET
DISTRICT (HC) continued.
(b)
Outside storage of goods, products, materials, or equipment shall be screened
from public thoroughfares to the satisfaction of the Development Authority;
(c)
No parking, loading, storage, trash collection, outdoor service or display area
shall be permitted within a required Yard;
(d)
Any business premises or multiple occupancy Building having a Floor Area
greater than 2,000 m 2 (21,528 ft2) or a single wall length greater than 20.0 m
(65.6 ft) that is visible from a Public Road, shall comply with the following
criteria:
(i)
The roof line and Building façade shall include design elements and add
architectural interest;
(ii)
Landscaping Adjacent to exterior walls shall be used to minimize the
perceived mass of the Building and to create visual interest; and
(iii)
All mechanical equipment, including roof mechanical units, shall be
concealed by Screening in a manner compatible with the architectural
character of the Building or concealed by incorporating it within the
Building;
(e)
In mixed-Use residential and commercial Developments located within this
District, the residential Dwelling Units shall be above the first Storey of a
commercial Use and have a separate and direct access to the outside street
level;
(f)
Where the Site is part of a pedestrian-oriented shopping street, the following
regulations shall apply, at the discretion of the Development Officer:
(i)
the architectural treatment of the Building shall include features such as:
1.
placement of windows to allow for viewing in the Building by
pedestrians;
2.
entrance features;
3.
canopies;
4.
features that lend visual interest and create a human scale; and
5.
on corner Sites, the façade treatment shall wrap around the side
of the Building to provide a consistent profile.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 179
SECTION 123 CENTRAL COMMERCIAL DISTRICT (C1)
(1)
(a)
(2)
To provide higher density commercial Development suitable for the Hamlet of Lac
La Biche’s central business district.
Central Commercial District (C1) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
Health Services
(iv)
Hotel
(v)
(vi)
(vii)
Retail Store
(viii)
Discretionary Uses
(i)
(ii)
Amusement Establishment, Outdoor
(iii)
(iv)
Apartment Housing
(v)
(vi)
Child Care Facility
(vii)
Community Facility
(viii)
Drive-in Business
(ix)
(x)
Funeral, Cremation, and Interment Services
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 180
SECTION 123 CENTRAL
(3)
(4)
DISTRICT (C1) continued.
(xi)
Group Home
(xii)
Institutional Use
(xiii)
Motel
(xiv)
(xv)
(xvi)
Private Club
(xvii)
Religious Assembly
(xviii)
Service Station
Central Commercial District (C1) Regulations
(a)
(b)
(c)
No minimum front Setback is required, except where the Development Authority
may deem it necessary to conform to or compliment existing Development
(d)
(e)
No minimum side Setback is required, except where the subject Lot is Adjacent
to a residential Use allowed under this Bylaw. In such instances, the minimum
Side Yard abutting the residential Use shall be 1.5 m (4.9 ft).
(f)
(g)
(a)
Where shopping centres or groups of commercial Uses are to be built on a single
Lot or grouping of Lots, specific regulations shall be determined by the
Development Authority, who shall consider the Development on an overall
scheme basis by taking into account the location of Buildings, access and
parking, and the nature of the proposed commercial Uses
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 181
SECTION 123 CENTRAL
(b)
DISTRICT (C1) continued.
Apartment Housing:
(i)
Dwelling Units shall have an entrance separate from any entrance to any
commercial establishment on the Lot on which it located
(ii)
Dwelling Units shall not be located on the ground floor
(iii)
Minimum Floor Area per Dwelling Unit of 47.0 m2 (505.9 ft2)
(iv)
A minimum Amenity Area of 7.5 m2 (80.7 ft2) per Dwelling shall be
provided
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 182
SECTION 124 ARTERIAL COMMERCIAL/SHOPPING CENTRE DISTRICT (C2)
(1)
(a)
(2)
To provide for businesses which are vehicle-oriented and to accommodate the
Development of shopping centres in a form compatible with Adjacent Uses.
Arterial Commercial/Shopping Centre District (C2) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
(iv)
Drive-in Business
(v)
(vi)
(vii)
Health Services
(viii)
Hotel
(ix)
Motel
(x)
(xi)
(xii)
(xiii)
Public Utility
(xiv)
Retail Store
(xv)
Service Station
(xvi)
Discretionary Uses
(i)
(ii)
(iii)
Child Care Facility
(iv)
Commercial Vehicle Inspection (Amendment Bylaw 12-044 January 8, 2013)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 183
SECTION 124 ARTERIAL COMMERCIAL/SHOPPING CENTRE DISTRICT (C2) continued.
(3)
(4)
(v)
Religious Assembly
(vi)
Warehouse Sales
Arterial Commercial/Shopping Centre District (C2) Regulations
(a)
(b)
(c)
(d)
(e)
No minimum side Setback required, provided that the Building meets the
regulations pursuant to the Safety Codes Act, as amended. Otherwise, Side Yards
shall be a minimum of the greater of ten percent (10%) of the parcel Width on
each side of the Building, or 2.0 m (6.6 ft).
(f)
If a Side Yard of the parcel abuts a road or lane, the minimum Side Yard shall be
3.0 m (9.8 ft); and if a Side Yard abuts a Residential District, the minimum Side
Yard shall be 6.0 m (19.7 ft)
(g)
(h)
(i)
Development within this District shall be located such that it may be served
directly and efficiently by the Adjacent major road system. The number of access
points provided to the Site shall be to the satisfaction of the Development
Authority, who may require the provision of a road widening, a service road, or a
road right-of-way dedication and/or construction as a condition of Development.
(a)
In considering applications for Neighbourhood Shopping Centre Developments or
other multi-Building commercial Developments, the Development Authority shall
consider the overall scheme, taking into account Buildings, access, parking and
proposed commercial Uses, and how the overall Development will be compatible
with Adjacent Uses.
(b)
There shall be no outdoor storage associated with a Service Station
Development.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 184
XIII INDUSTRIAL DISTRICTS
SECTION 125 RURAL INDUSTRIAL DISTRICT (RI)
(1)
(a)
(2)
The general purpose of this District is to permit and control the Development of
those industries which require large tracts of land and are best suited to a rural
area, outside of the designated Hamlets.
Rural Industrial District (RI) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
(iv)
Communication Tower
(v)
(vi)
Industrial, General
(vii)
Industrial, Light
(viii)
Industrial, Rural
(ix)
Natural Resource Extraction/Processing
(x)
Public Utility
(xi)
Discretionary Uses
(i)
Abattoir
(ii)
Airport/Airstrip
(iii)
(iv)
(v)
(vi)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 185
SECTION 125 RURAL
(vii)
Industrial, Heavy
(viii)
Industrial Vehicle and Equipment Sales, Repair, Rental, and Storage
(ix)
Landfill
(x)
(xi)
Surveillance Suite
(xii)
Warehouse Sales
(xiii)
(3)
(4)
DISTRICT (RI) continued.
Work Camp
Rural Industrial District (RI) Regulations
(a)
Minimum Site area of 1.0 ha (2.5 ac)
(b)
(c)
Minimum front Setback from ROW of any primary highway of 30.0 m (98.4 ft)
(d)
road of 20.0 m (65.6 ft)
(e)
(f)
(g)
(h)
Maximum Principal Building Height is at the discretion of the Development
Authority
(i)
Minimum Floor Area is at the discretion of the Development Authority
(a)
Outside Storage and Display:
(i)
there shall be no outside storage of goods, products, materials, or
equipment permitted within the Front Yard Setback of this District;
(ii)
outside storage of goods, products, materials, or equipment shall be
screened from public thoroughfares to the satisfaction of the
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 186
SECTION 125 RURAL
(5)
DISTRICT (RI) continued.
(iii)
when part of the Site, including the Front Yard, is to be used for the
temporary outdoor display of goods or products for sale, lease or hire,
such displays shall be arranged and maintained in a neat and tidy
manner, and
(iv)
shall not, in the opinion of the Development Authority unduly interfere
with the amenities of the District, or materially interfere with or affect
the Use, enjoyment, or value of neighbouring properties.
Development Regulations for Discretionary Uses
(a)
In this District a Surveillance Suite may be allowed at the discretion of the
Development Authority, to a maximum of one (1) suite per Lot and accessory to
the Principal Use. Where approval for a suite is given, the following regulations
shall apply:
(i)
where a Surveillance Suite is attached to the Principal Building on a Site,
by a roof, an open or enclosed Structure, a floor or a foundation, it is to
be considered a part of the Principal Building;
(ii)
detached Surveillance Suites shall be located to the satisfaction of the
Development Authority, and the suite shall comply with the minimum
Setbacks of this District;
(iii)
where the Surveillance Suite is a Mobile Home unit, the unit shall have
Canadian Standards Association certification or equivalent. Proof of these
shall be submitted with the Development Permit application;
(iv)
the Mobile Home unit shall be secured and properly skirted to the
(v)
the minimum Floor Area of any suite shall be 50.0 m2 (538.2 ft2) and a
maximum of 102.0 m2 (1,097.9 ft2); and
(vi)
the quality of exterior treatment and design for the Surveillance Suite
shall be to the satisfaction of the Development Authority. The character
and appearance of the suite shall be compatible with any other Buildings
existing on the property.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 187
SECTION 126 HAMLET INDUSTRIAL DISTRICT (HI)
(1)
(a)
(2)
To provide opportunities within the designated Hamlet areas for workshop, light
industrial and manufacturing Uses, with heavier industry allowed in approved
locations. Uses and operations within this District shall not cause or permit any
external objectionable or dangerous conditions apparent beyond any Building
containing processes wherein such effects may be produced. Including, but
limiting the generalities thereof, the following are objectionable features: noise,
vibration, smoke, dust and other kinds of particulate matter, odor, toxic and
noxious matter, radiation hazards, fire and explosive hazards, heat, humidity,
and glare.
Hamlet Industrial District (HI) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(ii)
Funeral, Cremation, and Interment Services
(iii)
(iv)
Industrial, Light
(v)
(vi)
Public Utility
(vii)
Service Station
(viii)
(ix)
Warehouse Sales
Discretionary Uses
(i)
Accessory Building
(ii)
(iii)
(iv)
(v)
(vi)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 188
SECTION 126 HAMLET
(3)
(4)
DISTRICT (HI) continued.
(vii)
(viii)
(ix)
Industrial, General
(x)
Religious Assembly
(xi)
Retail Store
(xii)
Hamlet Industrial District (HI) Regulations
(a)
Minimum parcel Width of 30.0 m (98.4 ft)
(b)
Minimum Front, Rear, and Side Yards of 6.0 m (19.7 ft) except that this amount
can be increased at the sole discretion of the Development Authority if the Lot is
Adjacent to a Residential District or on the basis of the type of industrial
Development proposed
(c)
Maximum Site Coverage of 60%
(d)
Additional Regulations for Permitted and Discretionary Uses
(a)
Any industrial operation, including production, processing, cleaning, testing,
repair, storage or distribution of any good or material shall conform to the
following standards:
(i)
Smoke, dust, ash, odor, and toxic gases shall only be released to the
atmosphere in such amounts and under such conditions and safeguards
as shall have been approved by the Development Authority and any
Provincial or Federal authority having jurisdiction;
(ii)
No industrial operation shall be carried out which would produce glare,
heat, noise, or vibration so as to be Offensive beyond the boundary of
the subject Lot;
(iii)
No industrial waste shall be discharged into any sewer which does not
conform to the standards established from time to time by the
Municipality’s Bylaws, policies, manuals, and regulations;
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 189
SECTION 126 HAMLET
DISTRICT (HI) continued.
(iv)
External storage of goods or materials is allowed if kept in a neat and
orderly manner or suitably enclosed by a fence or wall, to the satisfaction
of the Development Authority;
(v)
Auto wrecking Yards (included under the General Industrial Use) shall be
completely enclosed by a solid wall or uniformly painted fence not less
than 2.0 m (6.6 ft) high, and no salvage or scrap shall be piled to a
Height exceeding the surrounding wall or fence;
(vi)
The operation of all Uses shall comply with any Provincial legislation or
regulations. If the Development Authority believes that a proposed Use
may conflict with these requirements, the Development Permit
application shall be referred to the appropriate Provincial agency for
comment prior to considering a decision on the Development Permit
application; and
(vii)
The onus of proving to the Development Authority’s satisfaction that a
proposed Development does and will comply with these performance
standards rests with the developer.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 190
SECTION 127 SERVICED INDUSTRIAL DISTRICT (SI)
(1)
(a)
(2)
The general purpose of this District is to provide opportunities for smaller lot
industrial development, which is either already serviced by municipal water and
sewer, or may be reasonably expected to be so, outside of the designated
Hamlets.
Serviced Industrial District (SI) Uses
(a)
(b)
Permitted Uses
(i)
(ii)
(iii)
(iv)
Fleet Services
(v)
(vi)
(vii)
Industrial, Light
(viii)
(ix)
Non-accessory Parking
(x)
Outdoor Storage
(xi)
(xii)
Public Utility
(xiii)
Recycling Depots
(xiv)
Veterinary Service, Minor
(xv)
Warehouse Sales
Discretionary Uses
(i)
Accessory Building
(ii)
(iii)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 191
SECTION 127 SERVICED
(3)
(4)
DISTRICT (SI) continued.
(iv)
(v)
(vi)
Industrial, General
(vii)
Signs
(viii)
Surveillance Suite
(ix)
Temporary Sales Centres
(x)
Veterinary Service, Major
Serviced Industrial District (SI) Regulations
(a)
Minimum Site Area of 0.1 ha (0.25 ac)
(b)
(c)
Minimum Front Yard of 7.5 m (24.8 ft)
(d)
(e)
Minimum Side Yard of 3.0 m (9.8 ft) or 20% of the Site Width, whichever is
greater
(f)
Any development immediately adjacent to a Residential District shall have a
Setback of 6.0 m (19.8 ft) to all Yard Setbacks Adjacent to the Residential District
(g)
Maximum Site Coverage of 60%, provided that provision has been made for onsite parking, loading, storage, and waste disposal to the satisfaction of the
Development Authority
(h)
Additional Regulations for Permitted and Discretionary Uses
(a)
Outside Storage and Display:
(i)
there shall be no outside storage of goods, products, materials, or
equipment permitted within the Front Yard Setback of this District;
(ii)
outside storage of goods, products, materials, or equipment shall be
screened from public thoroughfares to the satisfaction of the
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 192
SECTION 127 SERVICED
(5)
DISTRICT (SI) continued.
(iii)
when part of the Site, including the Front Yard, is to be used for the
temporary outdoor display of goods or products for sale, lease or hire,
such displays shall be arranged and maintained in a neat and tidy
manner, and
(iv)
shall not, in the opinion of the Development Authority unduly interfere
with the amenities of the District, or materially interfere with or affect
the Use, enjoyment, or value of neighbouring properties.
Development Regulations for Discretionary Uses
(a)
In this District a Surveillance Suite may be allowed at the discretion of the
Development Authority, to a maximum of one (1) suite per Lot and accessory to
the Principal Use. Where approval for a suite is given, the following regulations
shall apply:
(i)
where a Surveillance Suite is attached to the Principal Building on a Site,
by a roof, an open or enclosed Structure, a floor or a foundation, it is to
be considered a part of the Principal Building;
(ii)
detached Surveillance Suites shall be located to the satisfaction of the
Development Authority, and the suite shall comply with the minimum
Setbacks of this District;
(iii)
where the Surveillance Suite is a Mobile Home unit, the unit shall have
Canadian Standards Association certification or equivalent. Proof of these
shall be submitted with the Development Permit application;
(iv)
the Mobile Home unit shall be secured and properly skirted to the
(v)
the minimum Floor Area of any suite shall be 50.0 m2 (538.2 ft2) and a
maximum of 102.0 m2 (1,097.9 ft2); and
(vi)
the quality of exterior treatment and design for the Surveillance Suite
shall be to the satisfaction of the Development Authority. The character
and appearance of the suite shall be compatible with any other Buildings
existing on the property.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 193
XIV
OTHER DISTRICTS
SECTION 128 PUBLIC/INSTITUTIONAL DISTRICT (PI)
(1)
(a)
(2)
Public/Institutional District (PI) Uses
(a)
(b)
(3)
The general purpose of this District is to establish an area for the Development of
publicly or privately owned institutional or community services and recreational
pursuits.
Permitted Uses
(i)
Accessory Building
(ii)
Child Care Facility
(iii)
Community Facility
(iv)
Institutional Use
(v)
Natural Open Space
(vi)
Protective and Emergency Services
(vii)
Public Utility
(viii)
(ix)
Religious Assembly
Discretionary Uses
(i)
Cemetery
(ii)
(iii)
Private Club
(iv)
Public/Institutional District (PI) Regulations
(a)
Minimum Site area of 0.4 ha (1.0 ac.)
(b)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 194
SECTION 128 PUBLIC/INSTITUTIONAL DISTRICT (PI) continued.
(4)
(c)
(d)
road of 20.0 m (65.6 ft)
(e)
Minimum front Setback from the Front Property Line Adjacent to an internal
(f)
(g)
Minimum rear Setback for other of 7.0 m (23.0 ft)
(h)
Minimum side Setback for other of 6.0 m (19.7 ft)
(i)
Authority
(j)
(k)
(a)
All Site and Development regulations shall be at the discretion of the Subdivision
Authority and the Development Authority.
(b)
In reviewing an application for a Permitted or Discretionary Use, the Development
Authority shall consider the design, siting, Landscaping, and Screening of the
proposed Development in order to minimize any objectionable aspects or
incompatibilities such as traffic and patrons using the Site, increased noise, dust,
odours, or refuse and any other factors which would interfere with or affect the
Use and enjoyment of Adjacent land Uses and Land Use Districts.
(c)
No person shall store goods, products, materials or equipment outside of a
Building except with written permission of the Development Authority.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 195
SECTION 129 NATURAL OPEN SPACE DISTRICT (NOS)
(1)
(a)
(2)
Natural Open Space District (NOS) Uses
(a)
(b)
(3)
The general purpose of this District is to preserve natural areas, particularly
environmental reserve, along rivers, lakes, creeks, ravines, and other designated
areas for non-motorized recreational Use and environmental protection in
conformance with the Lac La Biche County Municipal Development Plan, as
amended.
Permitted Uses
(i)
Natural Open Space
(ii)
Non-motorized Outdoor Recreation
Discretionary Uses
(i)
(ii)
Public Utility
Development Regulations for Permitted and Discretionary Uses:
(a)
An environmental review for all Developments may be required prior to the
issuance of a Development Permit at the discretion of the Development
Authority.
(b)
The removal of vegetation or disturbance of natural ground without a
Development Permit is prohibited.
(c)
The Development Authority may refer to Alberta Sustainable Resource
Development for its review and recommendation any Development/Subdivision
proposal involving lands with possible significant recreation, wildlife habitat or
scenic value.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 196
SECTION 130 PARKS,
(1)
(a)
(2)
To permit the Use of land for services, mainly of a public nature, which have a
primary orientation toward the community.
Parks, Recreation, and Open Space District (P) Uses
(a)
(b)
(3)
AND OPEN SPACE DISTRICT (P)
Permitted Uses
(i)
Accessory Building
(ii)
Community Facility
(iii)
Exhibition Facilities
(iv)
(v)
Discretionary Uses
(i)
Cemetery
(ii)
Institutional Use
(iii)
Public Utility
Parks, Recreation, and Open Space District (P) Regulations
(a)
Minimum front and rear Setback of 7.5 m (24.6 ft)
(b)
(c)
(d)
(e)
All other regulations shall be as required by the Development Authority
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 197
SECTION 131 URBAN RESERVE DISTRICT (UR)
(1)
(a)
(2)
The purpose of this District is to allow for agricultural and rural land Use activities
and a limited range of other Uses that do not prejudice the future Use of these
lands for urban Use, in the Hamlet growth and urban expansion areas, as shown
on Schedule D - Future Land Use Concept and Schedule F - Lac La Biche IDP
Policy Plan of the Lac La Biche County Municipal Development Plan, as amended;
and in the future expansion areas, as shown on Figure 1 - Future Land Use Plan of
the Town of Lac La Biche Municipal Development Plan.
Urban Reserve District (UR) Uses
(a)
(b)
Permitted Uses
(i)
Accessory Building
(ii)
(iii)
Farming and Cultivation of Land
(iv)
Greenhouse/Plant Nurseries
(v)
(vi)
Institutional Use
(vii)
Mobile Home
(viii)
Public Utility
Discretionary Uses
(i)
(ii)
Agriculture, Extensive (outside of Hamlet areas only)
(iii)
Agriculture, Intensive (outside of Hamlet areas only)
(iv)
(v)
(vi)
Natural Resource Extraction/Processing Facility (outside of Hamlet areas
only)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 198
SECTION 131 URBAN RESERVE DISTRICT (UR) continued.
(3)
(4)
(vii)
(viii)
Temporary Development
Urban Reserve District (UR) Regulations
(a)
(b)
(c)
(d)
road of 20.0 m (65.6 ft)
(e)
(f)
(g)
(h)
Authority
(i)
(a)
The Development Officer shall not approve Discretionary Uses that would be
prejudicial to the future economical Subdivision, servicing and Development of
such lands for future urban Use on a planned basis.
(b)
The Development Officer may specify the length of time a temporary Use is
permitted in this District, having regard to the intent of clause (1), above, and
the staging of servicing and general residential Development of the subject land.
(c)
No Subdivision or Development other than for the above Uses shall take place
until an overall plan for the area, as determined by the Development Authority,
has been approved by Council. This plan shall comply with the provisions of the
Lac La Biche County Municipal Development Plan, as amended, and should
establish a satisfactory road network, all proposed land Use classifications, the
location of public reserve dedications, and means of utility servicing.
(d)
Single Detached Dwellings shall only be permitted on existing parcels only.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 199
SECTION 131 URBAN RESERVE DISTRICT (UR) continued.
(e)
Extensive Agriculture, Intensive Agriculture, and Natural Resource
Extraction/Processing Facility Uses shall only be permitted in areas outside of
Hamlet boundaries.
(f)
Farming and Cultivation of Land within Hamlet areas shall not include the
keeping or raising of Livestock, poultry, or any other animals.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 200
SECTION 132 AIRPORT DISTRICT (A)
(1)
(a)
(2)
The purpose of this District is to provide for the orderly operation of an Airport
with a range of associated uses that are directly related to, compatible with, and
in support of the Airport. This District is not intended to control aeronautics.
Airport District (A) Uses
(a)
(b)
Permitted Uses
(i)
Air Terminal
(ii)
Airport/Airstrip
(iii)
ASRD
(iv)
Control Tower
(v)
Fire Station
(vi)
(vii)
Runway
(viii)
Weather Station
Discretionary Uses
(i)
Aircraft Sales/Rentals
(ii)
(iii)
(iv)
Fleet Services
(v)
(vi)
Outdoor Storage
(vii)
Protective and Emergency Services
(viii)
Public Utility
(ix)
Service Station
(x)
Surveillance Suite
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 201
SECTION 132 AIRPORT DISTRICT (A) continued.
(3)
(4)
Airport District (A) Regulations
(a)
(b)
Minimum Front Yard of 10.0 m (32.8 ft)
(c)
Minimum Side Yard of 10.0 m (32.8 ft)
(d)
(a)
Automotive and Equipment Sales, Repair, Rental, and Storage shall be limited to
convenience vehicle rentals.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 202
SECTION 133 DIRECT CONTROL DISTRICT (DC1)
(1)
Purpose of District
(a)
(2)
To provide for the Development of multi-family residential housing and Accessory
Uses on Lots 6 and W ½ of Lot 7, Block 17, Plan 8323 ET.
Uses
(a)
Row Housing
(b)
Minor Home Occupations
(c)
Accessory Buildings and Uses
(3)
Area of Application as per the attached Appendix “A” of this Direct Control District,
originally adopted under Bylaw 08-055.
(4)
Site Requirements
(5)
(a)
Minimum Lot area shall be 182 m 2 per Dwelling Unit.
(b)
Minimum Lot Width shall be 8 m.
(c)
Minimum Lot depth shall be 22 m.
(d)
Minimum Side Yard shall be 3.0 m, where Adjacent to a Public Roadway including
a lane.
(e)
Minimum Front Yard shall be 6 m.
(f)
Minimum Rear Yard shall be 7 m.
(g)
Maximum Lot coverage shall be 44%.
(h)
Maximum density shall be 54 Dwelling Units/ha.
Building Requirements
(a)
Minimum Floor Area (per Dwelling Unit) shall be 65 m 2.
(b)
Maximum Height shall be 10 m.
(c)
Each Dwelling Unit shall provide a minimum Outdoor Living Space/Amenity Area
of 56 m 2.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 203
SECTION 133 DIRECT CONTROL DISTRICT(DCl) continued.
(6)
Parking
(a)
Each Dwelling Unit shall provide a minimum of one parking space on Site.
A
SECTION 133 DIRECT CONTROL DISTRICT (DC1) -APPENDIX 'A'
1:750
43138F;29;23,24
43138F;17;7
43138F; t7;8
43138F;17;9
27HW ;29;1
4313BF;17:A
27HW.29;2
27HW;29;t
Bylaw 08-055
Bylaw
FromFrom
Multi-Family Residential District
to Direct Control District 1
Direct
43138F;16;A
0927542:17:60
0927542:17;6C
8323ET:17;7
284.5NY;28;13
0927542;17:68
0927542:17.6A
2845NY;2&;1
284SNV;28;1
8323ET;17;S
8323ET;17;4
8323E.T
:17:3
1--------- ----t--,. . ---------- - --- --8323ET:H:A.B
3354K;
$ 27 3
8323ET:H
;G
LAC LA BICHE COUNTY
AUGUST 28, 2012
&323ET;H
;F
8323ET H;E
&323ET;H
;D
8323ET;H;C
Page
SECTION 134 DIRECT CONTROL DISTRICT (DC2)
(1)
Purpose of District
To accommodate the Development of the Lac La Biche County Multiplex Facility which is defined as
a multi-use recreation/education complex intended to serve the community at large, and which
may provide the opportunity for gymnasiums, skating/hockey/curling rinks, swimming pools,
fitness centers, outdoor recreation uses, general retail uses, eating and drinking facilities, public
and private education facilities, community meeting rooms, cultural organizations, and/or other
related or similar services and uses.
(2)
Direct Control by Council
Unless specifically adopted by Council, no other provision of this land use bylaw shall apply within
this district and Council shall have complete discretion to allow any Development listed under the
heading “Uses” as provided hereby.
(3)
Area of Application
(a)
(4)
Area of Application as per the attached Appendix “A” of this Direct Control
District, originally adopted under Bylaw 08-073.
Uses
(a)
Multiplex Facility
(b)
Accessory Buildings and Uses
(c)
Child Care Facility
(d)
Community Facility
(e)
(f)
Institutional Use
(g)
(h)
Public Utility
(i)
Retail Store
(j)
Schools
(k)
Open Spaces and Recreation Fields
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 205
SECTION 134 DIRECT CONTROL DISTRICT (DC2) continued.
(l)
(5)
Such other uses or Development which Council, in its discretion, deems to be
similar to the above uses and purposes.
Regulations
(a)
(b)
(c)
Minimum front Setback from the right-of-way any primary highway of 30.0 m
(98.4 ft)
(d)
Minimum front Setback from the right-of-way of any municipal road of 20.0 m
(65.6 ft)
(e)
(f)
Minimum rear Setback of 7.0 m (23.0 ft) in all other instances
(g)
Minimum side Setback of 6.0 m (19.7 ft) in all other instances
(h)
Maximum Principal Building Height shall be at the discretion of County Council
(i)
Minimum Landscaping requirements shall be at the discretion of County Council
(j)
Retail Stores and Eating and Drinking Facilities shall be incorporated into the
Multiplex Facility and not within a free-standing Development
(k)
Minimum off-street loading and off-street vehicular parking requirements shall be
at the discretion of County Council
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 206
SECTION 134 DIRECT CONTROL DISTRICT (DC2) continued.
A
1:7.500
1926TR;OT
Bylaw 08-073
Bylaw 08-073
From
Institutional District
From
To
Direct Control District 2
LACLAB1;;64
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page
SECTION 135 DIRECT CONTROL DISTRICT 3 (DC3)
(1)
(a)
The general purpose of this District is to accommodate serviced, recreationaltype residential and commercial Development along Elinor Lake.
For the purpose of this district Recreation Vehicle - Park Model means a
recreation vehicle conforming to CAN-CSA series Z241. The maximum size of a
Park Model recreation vehicle is 92m 2 (990 sq. ft).
(2)
Direct Control District 3- Elinor Lake Resort (DC3) Uses (Area “A”)
(a)
(b)
Uses
(c)
(i)
Recreation Vehicle - Park Model
(ii)
Modular Home
(iii)
Single Detached Dwelling
(iv)
Accessory building
(v)
(vi)
(vii)
Such other uses or development which the Development Authority, in its
discretion, deems to be similar to the above uses and purposes.
Site requirements
(i)
Minimum Lot Width of 13.75 m (45 ft)
(ii)
Minimum Lot Area of 325 m 2 (3,500 ft2)
(iii)
Maximum Building Height 10m (33 ft)
(iv)
Minimum front setback from common area designated as road 4.6m
(15 ft)
(v)
For lots that abut two or more portions of common area intended to be
used as private roads, only one shall be considered as the front yard and
one as the rear yard
(vi)
Minimum side and rear setback 1.8m (6 ft)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 208
SECTION 135 DIRECT CONTROL DISTRICT 3 (DC3) continued.
(3)
(vii)
No part of any extension, overhang or protrusion of the main dwelling is
permitted within the setback limits
(viii)
Maximum number of dwelling units is 1 per lot
(ix)
Maximum total site coverage shall not exceed 40%, with a maximum of
25% for the principal dwelling and a maximum of 15% for accessory
buildings. Where a garage, porch, veranda, deck, covered outdoor
cooking area or carport is attached or designed as part of a dwelling, the
maximum site coverage cannot exceed 40%.
Direct Control District 3 - Elinor Lake Resort (DC3) Uses (Area “B”)
(a)
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 209
A
1:7,500
4;11;65;20;NE
Bylaw 09-015
From Agricultural
To
Direct Control District 3
ElmorLake
4;11;65;20;SE
4;11;65;17;NE
LAC LA BICHE
AUGUST 28, 2012
LAND USE BYLAW
SCHEDULE
Page
(b)
(c)
Uses
(i)
(ii)
Personal Service Shops
(iii)
Retail Business
(iv)
Community Facility
(v)
Intensive Recreation Facility
(vi)
Motel
(vii)
Service Station
(viii)
Surveillance Suite
(ix)
Accessory Building
(x)
Such other uses or development which the Development Authority, in its
discretion, deems to be similar to the above uses and purposes.
Site requirements
(i)
(4)
(ii)
Minimum Site Area of 325 m2 (3,500 ft2)
(iii)
Maximum Building Height of 10m (33 ft)
(iv)
Minimum Side Yard is 5% of frontage
(v)
Minimum Rear Yard is 10% of frontage
Parking
(a)
(5)
Minimum Site Width of 15.2 m (50 ft)
Parking of recreation vehicles on a lot is subject to all applicable development
regulations
The Development Authority for Development Permits shall be the Development Officer.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 211
SECTION 136 DIRECT CONTROL DISTRICT 4 (DC4)
(1)
(a)
(2)
Direct Control by Council
(a)
(3)
(4)
To accommodate the development and operation of a Provincially-approved
regional landfill site within the County and to regulate it consistent with the
Alberta Environmental Protection and Enhancement Act, and the applicable
regulations under that Act.
Unless specifically adopted by Council, no other provision of this Land Use Bylaw
shall apply within this District and Council shall have complete discretion to allow
any development listed under the heading “Permitted Uses” as provided hereby.
Direct Control District 4 - Hylo Landfill (DC4) Uses
(a)
(b)
Uses
(i)
Class II and Class III Landfills
(ii)
Compost Facilities
(iii)
Recycling Plants
(iv)
Storage Sites
(v)
Transfer Stations
(vi)
Such other uses or development which Council, in its discretion, deems
to be similar to the above uses and purposes
(vii)
Buildings and uses accessory to permitted uses
Regulations
(a)
Authority to approve development applications within the DC4 District is
delegated to the Development Authority.
(b)
Any development permit within the DC4 District shall only be approved subject to
obtaining any necessary Provincial approvals.
(c)
All relevant provincial authorizations shall be in place prior to commencement of
operation.
(d)
On any application for development, the Development Authority may request that
the following information be provided:
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 212
(i)
Construction and engineering blueprints;
(ii)
Site plans drawn to scale;
(iii)
Estimated water demand and anticipated source;
(iv)
Transportation routes to be used;
(v)
Any accessory works required;
(vi)
Storage facilities and nature of goods to be stored;
(vii)
Landscaping details;
(viii)
Hours of operation; and
(ix)
Plans to mitigate such nuisance factors as: blowing litter; dust; excessive
noise; debris carried by trucks onto adjacent public roads; damage to
adjacent public roads; and any such other information as may be
reasonably required by the Development Authority.
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page 213
A
1:10.000
4,16,65;35;NE
4:16:65:35:SE
4;16;65;36;SW
4:16:6S:36:SW
4:16:6S:36:SE
4:16:65:35:SE
4;16;65;36;SW
4;16;6S,25;NW
Bylaw 10-021
From
Direct
4;16;65;25;NE
ct
4:16:65:25:SE
LAC LA BICHE COUNTY
AUGUST 28, 2012
Page
LAND USE
LAC LABICHE
JULY
LAND USE BYLAW NO.
Page

Land Use Bylaw - Lac La Biche County

Transcription

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