TOWN OF REDCLIFF LAND USE BYLAW 1698/2011

TOWN OF REDCLIFF
LAND USE BYLAW
1698/2011
(including amending Bylaws)
1708/2012 [January 9, 2012]
1723/2012 [May 28, 2012]
1725/2012 [October 22, 2012]
1726/2012 [November 13, 2012]
1735/2013 [February 11, 2013]
1737/2013 [March 11, 2013]
1738/2013 [March 11, 2013]
1755/2013 [August 19, 2013]
1760/2013 [January 13, 2014}
1765/2014 [February 10, 2014]
1772/2014 [April 14/2014]
1779/2014 [May 12, 2014]
1783/2014 [June 9, 2014]
1784/2014 [June 23, 2014]
1786/2014 [July 21, 2014]
1814/2015 [January 1, 2016]
Bylaw No. 1698/2011
REDCLIFF LAND USE BYLAW
TABLE OF CONTENTS
Section
Number
Page
PART I - SHORT TITLE, PURPOSE AND DEFINITIONS
1
Short Title ........................................................................................................................ 1
2
Previous Legislation ........................................................................................................ 1
3
Effective Date .................................................................................................................. 1
4
Purpose ........................................................................................................................... 1
5
Application and Validity of this Bylaw ............................................................................... 1
6
Compliance with other Legislation ................................................................................... 1
7
Interpretation ................................................................................................................... 2
8
Definitions ....................................................................................................................... 2
PART II - ADMINISTRATIVE DUTIES AND RESPONSIBILITIES
9
Development Authority .................................................................................................. 26
10
Development Officer ...................................................................................................... 26
11
Municipal Planning Commission .................................................................................... 27
12
Council .......................................................................................................................... 28
13
Establishment of Fees ................................................................................................... 29
PART III - PROCEDURE FOR DEVELOPMENT PERMITS
14
Development Permits Required ..................................................................................... 30
15
Development Permits Not Required .............................................................................. 30
16
Development Permit Application Requirements ............................................................. 31
17
Applications Deemed Refused ...................................................................................... 33
18
Development Permit Conditions ................................................................................... 34
19
Issuance of Development Permits and Notices ............................................................. 35
20
Reapplication................................................................................................................. 37
21
Right to Suspend or Cancel a Development Permit ....................................................... 37
22
Development Completion Certificates ............................................................................ 38
23
Compliance Certificates ................................................................................................. 39
24
Permission to Stay......................................................................................................... 39
PART IV – DECISION APPEAL PROCESS
25
Right of Appeal .............................................................................................................. 41
26
Appeal Procedures ........................................................................................................ 42
27
Appeal Notices .............................................................................................................. 42
28
Public Hearing for Appeals ............................................................................................ 43
29
Appeal Decisions ........................................................................................................... 44
PART V – ENFORCEMENT AND PENALTIES
30
Orders of Compliance/Stop Orders................................................................................ 46
31
Enforcement .................................................................................................................. 46
Bylaw No. 1698/2011
PART VI - LAND USE BYLAW AMENDMENTS
32
Application ..................................................................................................................... 48
33
Information and Plans Required .................................................................................... 48
34
Compliance with Information Requirement .................................................................... 49
35
Application Review Process .......................................................................................... 49
36
Public Notice ................................................................................................................. 50
37
Public Hearing ............................................................................................................... 50
38
Decisions ....................................................................................................................... 50
39
Reapplication................................................................................................................. 51
PART VII - GENERAL LAND USE REGULATIONS
40
Accessory Buildings and Structures .............................................................................. 52
41
Amenity Space .............................................................................................................. 53
42
Bed and Breakfast Accommodations ............................................................................. 54
43
Car Wash ...................................................................................................................... 55
44
Condominium and Bareland Condominium Plans .......................................................... 55
45
Controlled Appearance .................................................................................................. 55
Corner Visibility Triangle ................................................................................................ 56
46
47
Demolition ..................................................................................................................... 57
48
Development Adjacent to Escarpments ......................................................................... 58
49
Drainage........................................................................................................................ 59
50
Drive-in Businesses ....................................................................................................... 60
51
Dwelling Units on a Parcel ............................................................................................. 60
52
Entrances and Exits For Vehicles .................................................................................. 61
53
Environmental Impact Assessment ................................................................................ 61
54
Environmental Site Assessment .................................................................................... 62
55
Explosive Hazards ......................................................................................................... 62
56
Fencing ......................................................................................................................... 63
57
Flood Hazards ............................................................................................................... 64
58
Garbage Enclosures ...................................................................................................... 66
59
Health, Safety and Nuisance Factors ............................................................................ 67
60
Home Occupations ........................................................................................................ 67
61
IDP Urban Referral Requirements ................................................................................. 69
62
Landscaping .................................................................................................................. 70
63
Lighting.......................................................................................................................... 71
64
Noise Attenuation .......................................................................................................... 71
65
Non-Conforming Uses and Buildings ............................................................................. 72
66
Objects Prohibited or Restricted In Residential Districts ................................................ 73
67
Outdoor Storage ............................................................................................................ 73
68
Parking and Loading Regulations .................................................................................. 74
69
Private Swimming Pool & Hot Tubs ............................................................................... 83
70
Projection into Minimum Setbacks ................................................................................. 84
71
Radio and Television Antennas ..................................................................................... 86
72
Recreational Vehicles .................................................................................................... 86
73
Relocated Buildings ....................................................................................................... 87
74
Renewable Energy Systems .......................................................................................... 88
75
Residential and Commercial Mixed Use Provisions ....................................................... 92
76
Screening ...................................................................................................................... 93
77
Secondary and Garden Suites ....................................................................................... 93
Bylaw No. 1698/2011
78
79
80
81
82
83
84
85
Service Station Sites ..................................................................................................... 95
Setbacks in Established Residential Districts................................................................. 95
Shipping Containers ...................................................................................................... 96
Subdivision of Land ....................................................................................................... 96
Tanks and Pressure Vessels ........................................................................................ 96
Temporary Development ............................................................................................... 97
Tent and Air Supported Structure .................................................................................. 98
Use of Land ................................................................................................................... 98
PART VIII – SIGN REGULATIONS
86
Sign Regulations ........................................................................................................... 99
PART IX – LAND USE DISTRICTS AND REGULATIONS
87
Districts ....................................................................................................................... 111
88
C-1 – Local Convenience Commercial District ............................................................. 113
89
C-2 – Downtown Commercial District .......................................................................... 116
90
C-3 – General Commercial District .............................................................................. 120
91
C-HWY -- Highway Corridor Commercial District ......................................................... 124
92
DC Direct Control District............................................................................................. 128
93
H – Horticultural District ............................................................................................... 130
94
H-A – Horticultural Reduced Landfill Setback District .................................................. 134
95
HR-D – Horticultural Restricted District ........................................................................ 139
96
HC-RD – Horticultural and Commercial Mixed Use Restricted District ........................ 144
97
I-1 – Light Industrial District ......................................................................................... 149
98
I-2 – Heavy Industrial District ....................................................................................... 154
99
P-1 – Park and Recreation District............................................................................... 159
100
PS – Public Service District ......................................................................................... 161
101
R-1 – Single Family Residential District ....................................................................... 164
102
R-1A -- Low Density Reduced Landfill Setback Residential District ............................. 168
103
R-2 – Low Density Residential District ......................................................................... 173
104
R-3 – Medium Density Residential District ................................................................... 177
105
R-4 – Manufactured Home Residential District ............................................................ 181
106
R-E1 – Residential Estates District .............................................................................. 185
107
RT – Residential Transition District.............................................................................. 189
108
TU – Transportation and Utilities District...................................................................... 194
109
UR -- Urban Reserve District ....................................................................................... 195
PART X – LAND USE DISTRICT MAPS
110
Land Use District Maps ............................................................................................... 197
Bylaw No. 1698/2011
PART I
SHORT TITLE, PURPOSE AND DEFINITIONS
1.
SHORT TITLE
(1)
2.
PREVIOUS LEGISLATION
(1)
3.
4.
6.
The existing Redcliff Land Use Bylaw No. 1184/98 including all amendments is
hereby repealed.
EFFECTIVE DATE
(1)
This Bylaw comes into force upon the date of signing.
(2)
An application for a Development Permit which is received in its complete and
final form prior to the effective date of this Bylaw, but which had not yet received
approval, shall be processed as if this Bylaw had not come into force and the
Land Use Bylaw No.1184/98, together with the amendments hereto, had
remained in force.
PURPOSE
(1)
5.
This Bylaw may be cited as the "Town of Redcliff Land Use Bylaw".
The purpose of this Bylaw is to regulate, control or prohibit the use and
development of land and buildings within the Town of Redcliff in accordance with
the provisions of the Act.
APPLICATION AND VALIDITY OF THIS BYLAW
(1)
Except as permitted in this Bylaw, no person shall commence a development
unless he has been issued a Development Permit.
(2)
If one or more provisions of this Bylaw are for any reason declared to be invalid,
it is intended that all remaining provisions are to remain in full force and effect.
COMPLIANCE WITH OTHER LEGISLATION
(1)
A person or activity complying with this Bylaw must also comply with:
(a)
The requirements of any Federal, Provincial or Municipal legislation or
regulation, and
(b)
The conditions of any caveat, covenant, easement, contract or agreement
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Bylaw No. 1698/2011
affecting the use or development of land or buildings.
7.
INTERPRETATION
(1)
8.
In this Bylaw:
(a)
The word "shall" and “must” means the provision is mandatory,
(b)
The word “should” and “may” means the provision is recommended,
(c)
Words used in the present tense shall also mean the future tense,
(d)
Words used in the singular shall also mean the plural,
(e)
Words used in the masculine gender shall also mean the feminine gender
and the neuter, and
(f)
The words "use", "used", "occupy", or "occupied" shall include anything
done to or arranged, designed or intended for any land or building(s).
DEFINITIONS
In this Bylaw the following definitions shall apply. If a particular use or development is
not defined the interpretation shall be resolved by the Development Authority.
(1)
A-board Sign means a self supporting A-shaped sign or sandwich board which
is set upon the ground and has no external supporting structure.
(2)
Accessory Building means a building which is not attached to, or part of, the
principal building, and which is incidental and subordinate to the use of the
principal building;
(3)
Accessory Use means a use of land or buildings which is incidental or
subordinate to the principal use of the same parcel, building, site or dwelling unit.
(4)
Act means the Municipal Government Act, R.S.A. 2000, c. M-26 and all
amendments thereto.
(5)
Adjacent Property means land that is contiguous and abutting if not for an
intervening highway, road, lane, river or stream.
(6)
Adult Entertainment Facility means:
(a)
an adult mini-theatre or other similar establishment where, either as a
principal activity or an activity ancillary to some other activity which is
conducted on the premises,
(i)
live performances take place, or
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(ii)
(b)
motion pictures, video tapes, digital video discs, slides or other
electronic productions are shown, involving or depicting the nudity
of any person;
a night club, dance club, bar, pub, tavern, lounge or other similar
establishment where, either as a principal activity or an activity ancillary to
some other activity which is conducted on the premises,
(i)
live performance or displays by a person (e.g. topless waitresses)
take place, or
(ii)
competitions are engaged in, involving the nudity of a person;
(c)
a body painting studio or other similar establishment where, either as a
principal activity or an activity ancillary to some other activity conducted
on the premises, paint, powder or some other material is applied to the
nude or partially nude body of a person in a manner intended to be
sexually arousing to, or otherwise appealing to erotic or sexual interests,
appetites or inclinations of, viewers or participants;
(d)
a massage or body rub parlour or other similar establishment where,
either as a principal activity or an activity ancillary to some other activity
conducted on the premises, the body or part of the body of a person is
massaged, manipulated, touched, rubbed or stimulated by any means in
a manner intended to be sexually arousing to, or otherwise appealing to
erotic or sexual interests, appetites or inclinations of, viewers or
participants, but excluding places where the described activity is
performed solely for medical or therapeutic purposes by a person who is
duly licensed or registered under an enactment governing a trade, calling
or profession; or
(e)
a development that the Development Authority considers to be similar to
any of those described in clauses (a) to (d).
(7)
Agricultural Building means a building normally associated with and generally
essential to the operation of a farm. Such structures shall include, but are not
limited to, machine sheds, storage sheds, granaries, grain bins for the storage of
on-farm products, silos, repair shop, etc. Farm is a separate use.
(8)
Amenity Space means an on-site indoor or outdoor space or facility, designed
for active or passive recreational use and may be common, private or a
combination of both.
(9)
Amusement Facility means development for leisure and amusement pastimes,
and may incorporate eating and drinking facilities as an accessory use. This term
refers to uses such as amusement arcades, billiard parlours, bingo halls and
bowling alleys.
(10)
Apartment Building means development with no more than three storeys
comprising of more than four dwelling units with a common entrance.
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(11)
Art and Craft Studio means development used for the purpose of small scale,
onsite, production display and sale of goods produced by simple processes or
hand manufacturing primarily involving the use of hand tools. Typical uses
include pottery, ceramic, jewellery, toy manufacturing and sculpture and artist
studios.
(12)
Asphalt, Aggregate and Concrete Plant means a use:
(a)
where rock, gravel, sand and other earth materials must be sorted and
stockpiled;
(b)
where rock may be crushed;
(c)
where asphalt may be produced; or
(d)
where cement may be mixed;
(e)
where part of the process associated with the use may be located outside
of a building including the stockpiling of bulk materials;
(f)
where there may be conveyor belts, cranes, piping, silos or any other
machinery necessary for the processing of the use;
(g)
that may accommodate the packaging or shipping of the products made
as part of the use; and
(h)
that may have a building for administrative functions associated with the
use.
(13)
Assisted Living means a supportive living facility that provides the managed
delivery of health and personal care services within a residential environment or
setting.
Health care and social support such as meals, housekeeping,
linen/laundry service, recreation programs, and 24-hour emergency response
services is provided to residents.
(14)
Auction Establishment means development for the auctioning of goods and
equipment and the related temporary storage of goods and equipment to be
auctioned, except livestock.
(15)
Automotive Paint and Body Shop means development for the repair and/or
painting of vehicle bodies and frames and for damaged motor vehicle appraisal
services or auto detailing.
(16)
Automotive Repair and Service Shop means development for the mechanical
or electrical repair and servicing of automobiles, motorcycles, snowmobiles and
similar vehicles or the retail sale, installation, servicing or machining of
automotive parts and accessories or drive-through vehicle repair and servicing
facilities. This use includes alignment, muffler, automotive glass, transmission
repair and vehicle upholstery shops, tire stores and vehicle towing services.
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Bylaw No. 1698/2011
(17)
Automotive Sales and Rental means a development used for the retail sale,
lease and/or rental of new or used automobiles,motorcycles, snowmobiles and
boats and may include incidental repair and maintenance services and sales of
parts and dispensing of motor fuel to vehicles owned or rented by the vehicle
sales and rental service as accessory uses.
(18)
Awning or Canopy Sign means a sign affixed to the surface of an awning or
canopy but does not include signage painted or otherwise directly imprinted onto
any awning.
(19)
Balcony means an elevated platform that is attached to a building above the first
storey floor level, and intended for use as an outdoor amenity area. See also
patio, deck and veranda.
(20)
Basement means the space within a building which is below the first storey and
is partially or completely below grade.
(21)
Bed and Breakfast means an accessory use carried on within an owneroccupied dwelling unit where temporary accommodation is provided, and where
meals for guests shall be prepared in a common kitchen in the principal
residence.
(22)
Billboard means a sign, primarily self-supporting and attached to the ground,
which is used for the display of advertising, the subject matter of which is usually
not related to the use or ownership of the property on which the structure is
located and generally consisting of advertising copy which is pasted, glued,
painted, electronically displayed or otherwise attached to permit periodic
replacement.
(23)
Bottom of the Escarpment means the lowest breakline or topographic
discontinuity between the valley wall and the valley bottom.
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Bylaw No. 1698/2011
(24)
Building means anything constructed or placed on, in, over, or under land but
does not include a highway or public roadway or a bridge forming part of a
highway or public roadway.
(25)
Building Height means the vertical distance (measured in metres or storeys)
from grade (at the front of the building, where applicable) to the highest point of
the building, excluding the height of any mechanical penthouse, ventilation
equipment or other machinery, smokestack, chimney, communication tower,
antenna, or any other structure which is not essential to the enclosure or loadbearing framework of the building.
(26)
Building Permit means a certificate or document issued pursuant to the Safety
Codes Act authorizing commencement of construction.
(27)
Building Supplies means development for the wholesale distribution and/or
retail sale of lumber, building materials, landscape materials, household supplies
and small tools and may include outdoor storage.
(28)
Bulk Fuel Station means development for handling petroleum products in bulk
quantities, and includes supplementary tanker vehicle storage. Key-lock pumps
and retail fuel sales may be incorporated as an accessory use.
(29)
Campground means development for the purpose of seasonal occupancy by
holiday trailers, recreation vehicles, tents and similar equipment and may include
related facilities such as bathroom and recreational facilities, eating and cooking
shelters. Convenience retail and laundry facilities and dwelling accommodation
for the operator may be incorporated as accessory uses.
(30)
Carport means development involving an accessory structure or part of a
principal building for the parking or storage of vehicle(s), with at least 50% of its
total perimeter open and unobstructed, whether separate from or attached to
another building.
(31)
Car Wash means development for the washing, cleaning or polishing of vehicles
on a commercial basis.
(32)
Certificate of Compliance means a document signed by the Development
Authority, certifying that a development complies with this Bylaw with respect to
yard requirements and insofar as represented on an Alberta Land Surveyors’
Real Property Report.
(33)
Cemetery means development of land primarily as landscaped open space for
the placement of gravesites and may include crematoriums, chapels,
6
Bylaw No. 1698/2011
columbariums, mausoleums and related facilities as accessory uses. Typical
uses include memorial parks, burial grounds and gardens of remembrance.
(34)
Change of Use means the conversion of land or building, or portion thereof from
one land use activity to another in accordance with the permitted or discretionary
uses as listed in each land use district.
(35)
Changeable Copy means copy on a sign that can be changed electronically or
manually through the use of attachable letters, numerals, or pictorial panels.
(36)
Chattel means any item of tangible, personal property other than land, buildings,
and other things annexed to land.
(37)
Child Care Facility means development providing provincially-licensed care,
supervision or education of children, without overnight accommodation. This use
includes day care centres, out-of-school centres, nurseries, kindergarten, early
childhood services, playschools and drop-in centres for the provision of care
before and after school hours and during school holidays for both pre-school and
school age children. Day Home is a separate use.
(38)
Club means development for the assembly of members of charitable, social
service, athletic, business or fraternal organizations, and may incorporate eating,
drinking, entertainment, sports, recreation and amusement facilities as accessory
use.
(39)
Commercial School means development providing training and instruction in a
specific trade, skill or service and may incorporate services and retail sales
related to the instruction function as accessory uses. Typical uses may include,
but are not limited to, secretarial, business, hairdressing, beauty culture, dancing
or music schools.
(40)
Commission means the Town of Redcliff Municipal Planning Commission
established by Council pursuant to the Act, and constituted and empowered by
Council.
(41)
Convenience Store means development comprising a retail store which caters
to the day-to-day needs of area residents or employees. Typical uses include
small food stores and variety stores selling confectionery, tobacco, grocery, nonalcoholic beverage, pharmaceutical and personal care items, hardware, or
printed matter.
(42)
Corner Lot means a site at the intersection or junction of two or more roads
(excluding lanes).
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Bylaw No. 1698/2011
(43)
Corner Visibility Triangle means a triangular area formed on a corner site by
two property lines and a straight line which intersects them 7.5 m from the corner
where they meet.
(44)
Council means the duly elected Council of the Town of Redcliff.
(45)
CSA Z240.10.1 means the current Canadian Standards Association standard for
site preparation, foundations, anchorage, connection and skirting of
Manufactured Homes which are designed to be supported on longitudinal floor
beams.
(46)
Cultural Facility means development for display, storage, restoration or events
related to art, literature, music and history or science, and may incorporate
eating, drinking and retail facilities as accessory uses. This term refers to uses
such as art galleries, libraries, auditoriums, museums, archives and interpretive
centres.
(47)
Custodial Quarters means an area within an industrial building that is designed
and utilized as living accommodation for a custodian as part of the operation,
maintenance or security function of an industrial use. A custodial quarter shall
provide sleeping and living accommodation for up to two (2) adults and only one
(1) such living accommodation shall be allowed per property.
(48)
Day Home means development providing care, development and supervision for
6 or less children that is located within the private residence of the person
operating the facility in which care is provided, without overnight accommodation.
Typical uses include private babysitting or an approved provider with a family day
home agency. Child Care Facility is a separate use.
(49)
Deck means an addition to a building with a height greater than 0.6 m that has a
frame or supporting structure and is intended for use as an outdoor amenity area.
See also balcony, patio and veranda.
(50)
Depth of Valley means the vertical distance between the elevation at the Top of
the Escarpment and the elevation at the Bottom of the Escarpment.
(51)
Design Flood is the peak or flood flow with a given chance of occurring in any
given year. The current design standard in Alberta is the 100-year flood.
(52)
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 on, in, over or under land;
(c)
a change of use of land or a building or an act done in relation to land or a
building that results in or is likely to result in a change in the use of the
land or building; or
8
Bylaw No. 1698/2011
(d)
a change in the intensity of use of land or a building or an act done in
relation to land or a building that results in or is likely to result in a change
in the intensity of use of the land or building.
(53)
Development Authority means the Development Officer, the Municipal Planning
Commission or Town Council while carrying out municipal functions or duties
under this Bylaw or the Act.
(54)
Development Completion Certificate means a certificate or document issued
by the Development Authority confirming that the requirements and conditions of
a Development Permit have been met.
(55)
Development Officer means a person or persons appointed as the
Development Officer(s) pursuant to this Bylaw.
(56)
Development Permit means a document which authorizes development
pursuant to this Bylaw and includes the plans and conditions of approval.
(57)
Digital LED Sign means any sign or portion of a sign that has electronically
controlled changeable copy.
(58)
Discretionary Use means a use of land or building in a land use district for
which a Development Permit may be issued, with or without conditions, at the
discretion of the Development Authority.
(59)
District means an area of land designated by this Bylaw in which permitted
and/or discretionary uses and development regulations are prescribed.
(60)
Drinking Establishment means an establishment, licensed by the Alberta
Liquor Control Board, where the main purpose is to serve alcoholic beverages for
consumption on the premises, and any preparation or serving of food is ancillary
to such use. Typical uses include neighbourhood pubs, bars, taverns and
licensed lounges that are ancillary to a restaurant.
Entertainment
Establishments, Eating Establishments and Adult Entertainment Facilities are
separate uses.
(61)
Drive-in Business means a restaurant or other business with facilities
essentially designed to provide goods and services to the motoring public on the
basis that consumption will mainly take place in the customer’s own vehicle, on
or off the site, and may also take place within a building provided for the purpose
on the site.
(62)
Duplex means a dwelling which contains only two dwelling units separated by a
common ceiling/floor assembly and may include an attached garage.
(63)
Dwelling Unit means development involving a single self-contained living
premise.
(64)
Eating Establishment means a development primarily used for the preparation
and sale of food for consumption on the premises. Accessory uses may include
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Bylaw No. 1698/2011
the sale of alcoholic or non-alcoholic beverages incidental to the meal, take-out
services and/or catering. A restaurant may hold a “Class A” liquor license and
minors may, or may not, be prohibited.
Drinking and Entertainment
Establishments are separate uses.
(65)
Education Facility means development providing provincially-accredited
academic and technical instructions, and includes accessory facilities such as
cafeterias, book stores, amusement activities, recreation facilities and financial
institutions, related to the main use.
(66)
Entertainment Establishment means development providing dramatic, musical,
dancing or cabaret entertainment and/or facilities for alcoholic beverage
consumption, and includes related food service. This term refers to uses such as
theatres, cinemas, concert halls, nightclubs and dinner theatres but do not
include Drinking Establishments, Eating Establishments or Adult Entertainment
Facilities.
(67)
Environmental Impact Assessment means a statement prepared in
accordance with the Alberta Environmental Protection legislation on the effect of
development proposals and other major actions which significantly affect the
environment.
(68)
Environmental Site Assessment means a process with the attendant
documentation which identifies the quality of soil and groundwater of a site and
the mitigative measures necessary to reduce negative impacts arising from
previous development or use.
(69)
Environmentally Sensitive Land means land upon which urban development is
likely to cause one or more of the following impacts:
(70)
(a)
degradation of the environment and reduction in natural and ecological
diversity;
(b)
destruction or severe damage to biotic communities such as tree
standards, wetlands, nesting and breeding areas;
(c)
direct or indirect adverse impacts on areas of historic, archaeological and
paleontological interest;
(d)
hazardous land conditions; and
(e)
major cumulative impacts resultant from the recurrence of minor harmful
actions.
Equipment Sales, Rental, Service means development for the retail sale,
wholesale distribution, rental and/or service of tools, light construction equipment,
machines and vehicles. Equipment may be designed for use in the construction,
maintenance or operation of buildings, roadways, pipelines, oilfields, mining,
forestry or freight hauling industries.
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Bylaw No. 1698/2011
(71)
Escarpment Setback means the minimum distance measure from Top or
Bottom of the Escarpment at which a lot line can be established.
(72)
Facia Sign means a sign, other than a billboard, attached to or painted, marked,
or inscribed on a fence, window, exterior wall, or mansard roof of a building that
does not project more than 40 cm from the face of the fence, wall, or window.
(73)
Factor of Safety means the ratio between forces causing slope movement and
the forces resisting slope movement.
(74)
Farm means development, the primary use of which is for the production of farm
products such as dairy products, livestock or field crops, or undeveloped land.
This use does not include related commercial or industrial sales, commercial
feed lots or services or storage uses which are non-essential to the operation of
the on-site agricultural use.
(75)
Farm Supplies and Service means development for the sale, distribution or
storage of grain, livestock feed, fertilizer and chemicals used in agriculture, and
for storage of livestock hauling vehicles.
(76)
Farmers’/Flea Market means a development used for the sale of new or used
goods and food products by multiple vendors renting tables and/or space.
Vendors may vary from day to day, although the general layout of space to be
rented remains the same. Such operations are usually of a seasonal nature.
(77)
Fence means a structure which may be used to prevent or restrict passage, to
provide visual screening, sound attenuation, yard décor, protection from the
elements or to mark a property line or other boundary.
(78)
Financial Institution means a development providing financial and banking
services. Typical uses include banks, credit unions, trust companies or any other
company providing loans or mortgages.
(79)
Fitness Centre means the use of premises for the development of physical
health or fitness, including, but not limited to, dance, fitness and martial arts clubs
and health centres.
(80)
Flankage means the side of a corner lot not designated as front of property but
which is exposed to an avenue or street.
(81)
Flankage Setback means the minimum setback required along the full length of
a corner lot on the side which is exposed to an avenue or street.
(82)
Flood Fringe is the portion of the flood hazard area outside of the floodway.
(83)
Flood Hazard Area is the area affected by the design flood. The flood hazard
area is divided into floodway and flood fringe zones.
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(84)
Floodway is the portion of the flood hazard area where flows are deepest,
fastest and most destructive. The floodway typically includes the main channel
of a stream and a portion of the adjacent overbank area. The floodway is
required to convey the design flood. New development is discouraged in the
floodway and may not be permitted.
(85)
Floor Area, Gross (GFA) means the total floor area of the building, contained
within the outside surface of exterior and basement walls.
(86)
Floor Area, Net means that portion of the gross floor area which excludes attics,
non-leasable corridors and lobbies, stairwells, elevator and service shafts,
mechanical rooms and washrooms.
(87)
Floor Area Ratio means the numerical value obtained by dividing the gross floor
area of the building(s), excluding parking below grade, by the total area of the
site.
(88)
Fourplex means development comprising a building with four dwelling units
separated by a common ceiling/floor assembly.
(89)
Free-Standing Sign means a sign on a standard or column permanently
attached to the ground and which is not connected in any way to any building or
other structures.
(90)
Front of Property means that portion of the property described in the civic
address assigned to the property by the Administration of the Town of Redcliff.
(91)
Front Yard means the area extending across the width of the lot and situated
between the front lot line and the nearest portion of the building(s).
(92)
Funeral Facility means development for the preparation of the deceased for
burial or cremation, and for holding funeral services, and may incorporate a
crematorium, where not more than one cremation chamber is provided.
(93)
Garage means development involving an accessory building, or part of a
principal building, designed and used for the parking or storage of vehicles.
(94)
Garden Suite means a separate, detached secondary dwelling unit located on
the same site and serviced by the same utilities as a single detached principal
dwelling unit.
(95)
Gas Bar means development to accommodate the sale of gasoline, lubricating
oils and associated automotive fluids with no other automotive services provided.
This use may include a convenience store as an accessory use.
(96)
Geothermal Energy means a renewable source of energy that employs the use
of a heat pump to warm or cool air by utilizing the constant temperatures of the
earth.
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(97)
Golf Course means an outdoor use/establishment where the land is developed
primarily to accommodate the game of golf. Accessory uses include a pro shop,
driving range, club house, restaurant, licensed dining area or lounge, and other
commercial uses typically associated with a golf course clubhouse facility.
(98)
Grade (to determine building height) means the approved finished, landscape
grade as approved on a grade plan by the Town of Redcliff Engineer. For lots
without an approved grade plan, grade means the grade established by a grade
certificate completed by an Alberta Land Surveyor.
(99)
Greenhouse means development for the growing, storage and/or sale of garden,
household and ornamental plants, flowers, trees or produce and includes
supplementary retail sale of fertilizers, garden chemicals, garden implements and
associated products.
(100) Group Care Facility means a development which is authorized by a public
authority to provide room and board for three or more residents for foster
children, 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.
Occupants live together as a single housekeeping group and using cooking
facilities shared in common, with support staff and supervision, for their well
being.
(101) Hard Surface means an area paved with asphalt or concrete. Landscaping is a
separate use.
(102) Home Occupation means an accessory use of the dwelling unit by the occupant
or occupants for an occupation, trade, profession or craft.
(103) Hospital means a facility providing room, board, and surgical or other medical
treatment for the sick, injured or infirm including inpatient and outpatient services
and staff residences, eating, drinking and convenience retail facilities as
accessory uses. Typical uses include hospitals, sanatoria, convalescent homes,
isolation facilities, psychiatric hospitals, auxiliary hospitals, and detoxification
centres.
(104) Hot Tub means a large tub made of ceramic, acrylic, wood, or another
substance and filled with hot water in which one or more bathers may soak.
(105) Hotel means development primarily providing temporary sleeping
accommodation in rooms or suites with shared outside access and may
incorporate eating, drinking, entertainment, convention, sports, recreation,
personal service, office and retail facilities which are related to the principal use.
(106) Household Service means development for the repair, rental and servicing of
goods, furniture, equipment and appliances normally used within and around the
home.
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(107) Indoor Recreation Facility means development for sports or recreation
activities and may provide a seating area for spectators. Accessory uses include
related eating, drinking and retail facilities. Typical facilities would include
gymnasiums, curling, roller skating and hockey rinks, swimming pools, rifle and
pistol ranges, racquet clubs and indoor soccer fields.
(108) Kennel means an indoor premise in which a number of dogs and/or cats are
maintained, boarded, bred, trained, cared for or kept for purposes of sale. An
outdoor exercise area for use during the day, grooming, veterinary services, retail
sales and offices may be permitted as accessory uses.
(109) Landscaping means the enhancement of an area for use as amenity area, for
aesthetic appearances and for privacy. Landscaping may include:
(a)
soft or natural landscaping consisting of trees, shrubs, hedges, grass,
mulch and other ground cover;
(b)
hard landscaping consisting of non-vegetative materials such as brick,
stone, concrete, tile and wood; and
(c)
excludes all areas utilized for driveways and parking.
(110) Lane means a public roadway which provides a secondary means of direct
access to abutting lots.
(111) Liquor Store means a retail establishment licensed under provincial authority for
the sale of any or all of beer, wine, or spirits for consumption off premises.
(112) Loading Space means a space on a site designated to accommodate a vehicle
while it is being loaded or unloaded.
(113) Lot means:
(a)
a quarter section,
(b)
a river lot shown on an official plan referred to in Section 32 of the
Surveys Act that is filed or lodged in a land titles office,
(c)
a settlement lot shown on an official plan referred to in Section 32 of the
Surveys Act that is filed or lodged in a land titles office,
(d)
a part of a parcel 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,
(e)
a part of a parcel 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.
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(114) Lot Area means the area contained within the boundaries of a lot as shown on a
plan of subdivision or as described in a certificate of title.
(115) Lot Coverage means the combined area of all covered buildings or structures on
a site expressed as a percentage of the total area of the lot.
(116) Lot Width means the minimum distance between the side property lines of a
site.
(117) M2 means square metres.
(118) Manufactured Home means a manufactured self-contained dwelling unit,
whether ordinarily equipped with wheels or not, that is constructed in
conformance to the Alberta Safety Codes Act and is manufactured to meet or
exceed the Canadian Standards Association standard CSA Z240 and can be
moved from one point to another by being towed or carried. The building, when
placed and anchored on foundation supports and is connected to utilities, is
ready for human occupancy. This term also refers to single wide and double
wide manufactured homes.
(119) Manufactured Home Sales and Service means development for the sale, rental
or storage of new or used manufactured homes, mobile homes and/or modular
homes and includes related maintenance services and sale of parts and
accessories.
(120) Manufacturing, Heavy means development for the manufacturing, fabricating,
processing, production, assembly and packaging of materials, goods or products
which may generate a detrimental impact beyond the boundaries of the site and
may include related warehouse and office facilities.
(121) Manufacturing, Light means development for the manufacturing, fabricating,
processing, production, assembly or packaging of materials, goods or products
which does not generate any detrimental impact beyond the boundaries of the
site, and may include related warehouse and office facilities.
(122) Medical and Health Office means development providing medical and health
care services on an outpatient basis of a preventative, diagnostic treatment,
therapeutic nature, and may incorporate a dispensary which sells pharmaceutical
and other medical supplies as an accessory use. Typical uses or facilities would
include medical and dental offices, clinics, occupational health and safety offices,
counseling services, and chiropractic and naturopathic services.
(123) Mobile Home means a manufactured home or a structure that is designed to be
towed or carried from place to place and that is used as a residence but that
does not meet Canadian Standard Association standard CSA Z240.
(124) Modular Home means a residential building of one or more sections constructed
within a certified factory and transported to a site to be permanently installed on a
foundation all in accordance with the Alberta Building Code. For the purposes of
this definition, finished means fully enclosed on the exterior and interior but need
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not include interior painting, taping, and installation of cabinets, floor coverings,
fixtures, heating system, and exterior finishes. A manufactured home and mobile
home are separate uses.
(125) Motel means development primarily providing temporary sleeping
accommodation in rooms or suites that generally have separate outside access,
an adjoining or convenient parking space and may contain kitchen facilities; and
may incorporate eating, drinking, entertainment, convention, sports, recreation,
personal service, office and retail facilities related to the principal use.
(126) Noise Attenuation Study means a study prepared by a qualified engineer that
analyses the actual or expected noise volumes generated by a development,
highway, public roadway or facility, the expected impact on adjacent
development and the mitigative measures to reduce the noise to accepted levels.
(127) Non-conforming Building in accordance to the Act means a building:
(a)
that is lawfully constructed or lawfully under construction on the date a
land use bylaw affecting the building or land on which the building is
situated, becomes effective, and
(b)
that on the date the land use bylaw becomes effective does not or, or
when constructed will not, comply with the land use bylaw.
(128) Non-conforming Use in accordance with the Act means a lawful specific use:
(a)
being made of land or a building or intended to be made of a building
lawfully under construction, at the date this Bylaw or any amendment
thereof affecting the land or building becomes effective, and
(b)
that on the date this By-law or any amendment thereof becomes effective
does not, or in the case of a building under construction, will not, comply
with this By-law.
(129) Nursing Home means a public or private health facility or institutional-type
residential building with multiple accommodation or dwelling units for the care,
supervision or rehabilitation of individuals, and containing overnight or longterm
accommodation.
(130) Nudity means the complete or partial visibility of one or more of the following
parts of the human body:
(a)
anus
(b)
genitalia, or
(c)
in the case of females, nipples of the breast
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(d)
that may be considered to be sexually explicit due to lack of any covering
of those parts of the body or the presence of covering that is other than
opaque.
(131) Office means development to accommodate professional, managerial, clerical
and consulting services, the administrative needs of businesses, trades,
contractors and other organizations, and the sale of services of businesses such
as travel agents and insurance brokers.
(132) Oil and Gas Well Service Industries means a development used for the
cleaning, servicing, storage, repairing, testing or distribution of oil and gas well
related goods, equipment and materials. This definition applies to oil and gas
industry support operations and includes, but is not limited to, seismic and
surveying, well servicing, oilfield haulers, pipeline contractors and welding
operations.
(133) Outdoor Recreation Facility means a development providing facilities that are
available to the public for sports and active recreation conducted outdoors.
Accessory uses include change rooms, washrooms and seating for spectators.
Typical uses include bicycle/pedestrian trails, ski facilities/trails, sports fields,
outdoor swimming pools, picnic areas, fairs/exhibitions, and outdoor tennis
courts.
(134) Outdoor Storage means the accessory portion of a site designed for the storage
of goods, materials and/or equipment, or the display and sale of goods and
materials, including vehicles for hire or sale, located outside permanent buildings
or structures on the site.
(135) Overall Slope means the slope of a line joining the Bottom of the Escarpment
and the Top of the Escarpment.
(136) Parks and Playground means development of land for active or passive
recreational activities of the general public and includes supplementary uses
such as picnic areas, open space, playgrounds, pedestrian and bicycle trails and
paths, natural and manmade landscaped areas, and public washrooms. Typical
uses include tot lots, band shells, playgrounds and water features.
(137) Parking Facility means development to accommodate vehicular parking, either
outdoors or in a building.
(138) Parking Space means an area for the parking of a single motor vehicle.
(139) Patio means surfacing of an uncovered area constructed no greater than 0.6 m
above grade intended for use as a private outdoor amenity space. See also
balcony, deck and veranda.
(140) Permitted Use means the use of land or buildings in a land use district for which
a Development Permit must be issued by the Development Authority, with or
without conditions, if the proposed development conforms to this Bylaw.
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(141) Personal Service means development for the provision of services for personal
care and appearance and maintenance of personal belongings and effects.
Typical uses include barber shops, beauty shops, tailor shops, laundry or drycleaning shops, shoe repair shops, photographic studios, and may include
accessory retail sales.
(142) Pet Care Service means a development where small animals and household pets
are washed, groomed or trained and must not have any outside enclosures, pens,
runs or exercise areas and must not board animals overnight. Accessory uses
may include the supplementary sale of associated products and associated office
space.
(143) Portable Garage and Shelter means a small scale moveable tent like structure
designed to provide storage and protection.
(144) Portable Sign means a sign, other than an A-board Sign, that is mounted on a
trailer, stand, or similar support structure which can be easily relocated to
another location, and which usually has changeable copy
(145) Pressure Vessels means a unifired vessel that may be used for containing,
storing, distributing, transferring, distilling, processing or otherwise handling any
gas, vapour or liquid under pressure.
(146) Principal Building means a building which comprises the principal use of the
site.
(147) Principal Use means the principal purpose for which a building or site is used or
intended to be used.
(148) Private Swimming Pool shall include all swimming and wading pools with a
depth greater than 0.6 m located above or below ground level on a residential
site, which is used exclusively for the private entertainment of the dwelling’s
inhabitants or guests. Hot tub is a separate use.
(149) Projecting Sign means a sign, other than an awning or canopy sign, which is
attached to a building or structure so that part of the sign projects more than 0.4
m from the face of the building or structure.
(150) Property Line means a legal boundary of the lot.
(151) Public Building or Quasi-Public Building means buildings, facilities and
installations owned or operated by a municipal, school, provincial or federal
authority for the purposes of furnishing services or commodities to the public.
Typical uses include town halls, fire and police stations, libraries and related
public essential service buildings.
(152) Public Utilities means a system or works used to provide one or more of the
following for public consumption, benefit, convenience or use:
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(a)
water or steam;
(b)
sewage disposal;
(c)
public transportation operated by or on behalf of the municipality;
(d)
irrigation;
(e)
drainage;
(f)
resource extraction;
(g)
electric power;
(h)
gas;
(i)
heat;
(j)
waste management;
(k)
telecommunications.
(153) Public Utility Building means a building which the proprietor of the public utility
maintains its office or offices and/or maintains or houses any equipment used in
connection with the public utility.
(154) Publishing, Printing, Recording & Broadcasting Establishment means
development for the preparation, distribution and/or transmission of printed
material, or audio and/or visual programming.
(155) Railway and Railway Related Uses means a railway line and any use
connected with the direct operation or maintenance of a railway system and also
includes any loading or unloading facilities, but excludes feed mills/grain
elevators or bulk oil depots which are separate uses.
(156)
Real Property Report means a legal document prepared by an Alberta Land
Surveyor in accordance with the Alberta Land Surveyor Association’s Act that
illustrates in detail the location of all relevant, visible public and private
improvements relative to property boundaries.
(157) Rear Yard means the area extending across the width of a lot and situated
between the rear lot line and the nearest portion of the building(s).
(158) Recreational Vehicle means vehicle or trailer that is designed for recreational or
travel purposes and includes but is not limited to motor homes, travel trailers, fifth
wheel travel trailers, tent trailers, toy haulers, boats, campers whether located on
a truck or other vehicle or not, and a trailer used to transport any of the above,
but does not include personal watercraft, snow mobiles, all-terrain vehicles,
hunting buggies, and other small scale recreational vehicles.
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(159) Recreational Vehicle Sales, Service or Rental means development for the
sale, service and/or rental of vans, motorcycles, snowmobiles, tent and holiday
trailers, boats and other recreational vehicles and craft, and includes related
vehicle maintenance, sale of vehicle parts and accessories, and dispensing of
motor fuel to vehicles owned or rented by the recreational vehicle sales and
rental service.
(160) Recycling Facility means development for the purchasing, receiving, sorting
and temporary storage of discarded articles for reuse and does not generate a
detrimental impact or nuisance beyond the boundaries of the site. This term
refers to uses such as bottle, can and paper recycling depots. Salvage,
Wrecking or Disassembly Operations is a separate use.
(161) Religious Assembly means development for worship activities, religious
instructions, and philanthropic and social activities, and staff residences. Typical
uses include chapels, churches, convents, monasteries, mosques, parish halls,
rectories, synagogues and temples.
(162) Renewable Energy System means a system for producing electrical energy
generated from solar, wind or geothermal energy.
(163) Research Facility means development for the conducting of industrial, scientific,
technological, health or agricultural research.
(164) Retail Store means development for the retail sale or rental of goods, wares or
merchandise and includes limited on-site storage or limited seasonal outdoor
sales to support that store’s operations. Typical uses include but are not limited
to grocery, bakery, hardware, pharmaceutical, appliance, clothing, and sporting
goods stores. The use may include supplementary facilities such as postal
services, film processing and repair of merchandise sold or rented by the store.
(165) Roof Sign means a sign, other than a billboard, that is attached to a roof or
erected or placed on, over or above a roof.
(166) Salvage, Wrecking or Disassembly Operations means development for
purchasing, receiving, resale or transporting of used or spent materials, vehicles
or substances which may generate a detrimental impact or nuisance beyond the
boundaries of the parcel. This term refers to uses such as salvage and scrap
yards, garbage container services and effluent tanker services.
(167) Screening means the use of landscaping, fences, walls or berms to visually
separate areas or uses.
(168) Secondary Suite means a second self-contained dwelling unit located within the
single detached dwelling on a parcel.
(169) Semi-Detached Dwelling means a building designed and built to contain two
side-by-side dwelling units, separated from each other by a party wall extending
from foundation to roof and may include attached garages.
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(170) Senior Citizen Housing means development which complies with the Senior
Citizens Housing Act, as amended, and which is used as a residence designed
for elderly persons not requiring constant or intensive medical care.
(171) Service Station means development for the retail sale of vehicle fuels, and
includes sale of lubricants, parts and accessories, servicing and mechanical
repair of vehicles, display for sale of a maximum of two (2) vehicles, general
retail sales and vehicle towing services utilizing a maximum of two (2) towing
vehicles. A car wash may be incorporated as an accessory use.
(172) Setback means the minimum permitted distance that a building or a specified
portion of it, must be set back from a property line measured at a perpendicular
angle from the property line.
(173) Single Detached Dwelling means a building containing only one dwelling unit
and may include an attached garage but does not include a manufactured home,
modular home or mobile home.
(174) Shelter means development providing emergency overnight accommodation that
may include kitchen and dining facilities, showers and bathrooms, relaxation
areas and laundry facilities.
Accommodation for resident staff may be
incorporated as an accessory use.
(175) Shipping Container means a standardized re-sealable moveable transportation
box for freight handling and storage, typically constructed of aluminum or steel.
Shipping Container Sales or Rental and Storage Yard-Mini Storage are separate
uses.
(176) Shipping Container Sales or Rental means development for the sale and/or
rental of shipping containers to be located off-site. Storage Yard-Mini Storage is
a separate use.
(177) Shopping Centre means comprehensively-planned development, comprising
one or more buildings irrespective of the time of construction, with shared on-site
parking primarily occupied or intended to be occupied by retail uses, personal
services, offices and eating establishments.
(178) Side Yard means the area extending from the front yard to the rear yard and
situated between the side lot lines and the nearest portion of the building(s).
(179) Sign means any visual medium, including its structure and other component
parts, that displays or is intended to be used for the display of words, numbers,
symbols or pictures for the purpose of providing direction or warning, conveying
information or calling attention to a product, business, organization, facility,
service, activity, event, or property and shall include, without limiting the
generality of the foregoing, notices, banners, and posters.
(180) Sign Area means:
(a)
the area derived using the overall width and the overall height of the sign
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(b)
(c)
face excluding any structural support not used as part of the display to
convey information.
in the case of a double faced sign, only one side of the sign would be
used to calculate the sign area.
in the case of signs painted, marked, or inscribed on a fence, window, or
exterior wall of a building, the area derived using the overall width and the
overall height of the displayed information.
(181) Similar Use means a use of land or a building for a purpose which is not listed in
a use table as a permitted or discretionary use as the case may be, but is found
by the Commission to be an acceptable use.
(182) Site means the land contained in a single Certificate of Title and consisting of
one or more lots or a parcel where none of the lots, parcels or any other portion
of land may be issued a separate Certificate of Title unless a subdivision
enabling that separation has been approved by a Subdivision Authority.
(183) Solar Panel means a structure used for the collection of solar energy for the
purposes of converting such energy for heating, lighting, water production or any
other domestic or commercial use that may be obtained from such sources.
(184) Statutory Plan means a Municipal Development Plan, an Area Structure Plan,
an Area Redevelopment Plan or an Intermunicipal Development Plan as defined
in the Act.
(185) Storage Yard-Mini Storage means a development designed for the storage of
goods, materials and/or equipment, or development including a series of
enclosed storage bays or lockers. Shipping Containers may be used for storage
purposes. Outdoor Storage is a separate use.
(186) Storey means the space within a building which is between the surface of any
floor and the floor surface or the ceiling immediately above it, excluding a
basement.
(187) Subdivision Authority means the Town of Redcliff Subdivision Authority
established by Council pursuant to the Act.
(188) Subdivision and Development Appeal Board means the Town of Redcliff
Subdivision and Development Appeal Board established pursuant to the Act.
(189) Tanks means a vessel that may be used for containing, storing, distributing,
transferring, distilling, processing or otherwise handling a liquid not under
pressure.
(190) Taxi Service means an office located in a building within a land use district from
which taxi cabs are directed by means of a dispatch system and may include an
area, site or location intended for the parking of taxis.
(191) Temporary Development means development involving a use and/or a building
maintained or operated for a time period specified by a temporary Development
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Permit, issued under the provisions of this Bylaw.
(192) Tent and Air Supported Structures means a large scale industrial structure
constructed with a frame and a pliable membrane that is designed to provide for
the primary use of storage and protection.
(193) Top of the Escarpment means the uppermost valley break-line or the slope
edge defining the most distinct break or topographic discontinuity in slope
between the upper plateau and valley wall.
(194) Tourist Information Centre means development for the distribution of
recreational and/or travel information, and may include public washroom
facilities, picnic areas, parking areas for motor and recreation vehicles and
holiday trailers, and sanitary waste disposal facilities for recreation vehicles and
holiday trailers.
(195) Town means the Corporation of the Town of Redcliff or the land lying within the
corporate limits of the Town.
(196) Townhouse means development to accommodate a dwelling comprising three
or more dwellings separated by common party walls extending from foundation to
roof and each dwelling unit having separate outside access.
(197) Trade and Contractor Services means development for the provision of
electrical, plumbing, heating, painting, welding, landscaping, catering and similar
contractor services and the accessory display and sales of goods normally
associated with such contractor services and administrative offices. Outdoor
storage of materials and the associated manufacturing and assembly of materials
to be installed off-site may be allowed.
(198) Transportation Service means development using vehicles to transport people,
currency, documents and packages. This term refers to uses such as bus lines,
transit services, limousine services and courier services.
Taxi Service,
Automotive Sales and Rental and Recreational Vehicle Sales or Rental are
separate uses.
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(199) Triplex means development comprising three dwelling units separated by a
common ceiling/floor assembly.
(200) Truck Terminal and Storage means a facility for the purpose of transporting
and/or storing of goods and the dispatching of trucks and tractor-trailers for
transporting said goods.
(201) Vehicle means a vehicle as defined in the Traffic Safety Act.
(202) Veranda means a flat-floored, generally unenclosed, roofed structure adjoining a
principal building or built as a structural part of it. A veranda shall be included in
site coverage calculations. See also balcony, deck and patio,
(203) Veterinary Clinic - Small Animal means a facility for the on-site medical
treatment of small animals such as household pets, where overnight
accommodation is provided and where all care and confinement facilities are
enclosed within a building. Accessory uses may include the supplementary sale
of associated products and associated office space.
(204) Veterinary Clinic - Large Animal means a facility for the on-site medical
treatment of large animals and that may include outdoor enclosures, pens, runs
or exercise areas. Accessory uses may include the supplementary sale of
associated products and associated office space.
(205) Warehouse means the use of a building for the storage of materials, products,
goods and merchandise, and renumbering accordingly.
(206) Warehouse Store means development for the retail sale of goods which are
warehoused in bulk on the premises, displayed or catalogued for customer
selection, and where the warehouse component occupies at least 50% of the
gross floor area. This term refers to uses such as furniture, carpet, appliance,
fabric and apparel warehouses and clearance centres.
(207) Wind Energy System means a renewable electrical generation facility that
produces power from wind primarily to provide all, or a portion of, the electrical
power needs for a user or to feed into the transmission or local distribution lines.
(208) Wind Tower means the structure which supports the wind turbine above grade.
The tower structure may include a guyed or free standing structure that supports
the turbine or may be located on an existing building or structure.
(209) Wind Turbine means a machine for producing power in which a wheel or rotor is
made to revolve by a flow of air. A wind turbine is considered to be the part of a
wind energy system encompassing the rotor (including turbine blades), generator
and tail.
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(210) Yard means that portion of a lot not occupied or obstructed by the principal and
accessory building(s).
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Bylaw No. 1698/2011
PART II
ADMINISTRATIVE DUTIES AND RESPONSIBILITIES
9.
DEVELOPMENT AUTHORITY
(1)
10.
The Development Authority is:
(a)
the Development Officer while carrying out his or her functions or duties
under this Bylaw or the Municipal Government Act;
(b)
the Municipal Planning Commission while exercising development powers
or duties under this Bylaw or the Municipal Government Act; or
(c)
Council in Direct Control Districts.
DEVELOPMENT OFFICER
(1)
The office of the Development Officer is hereby established and shall be filled by
a person or persons to be appointed as such.
(2)
The Development Officer shall receive all applications for Development Permits
and shall review each development application to ascertain whether it is
complete in accordance with the information requirements of this Bylaw.
The Development Officer shall not accept the application until it is in its complete
and final form and he is satisfied that all details required by this Bylaw have been
submitted to him.
(3)
(4)
The Development Officer shall consider and decide upon applications for
Development Permits in accordance with the provisions of this Bylaw.
(5)
A Development Officer is authorized to make decisions with respect to the
following applications:
(a)
applications for Development Permits for permitted uses; and
(b)
applications for Development Permits for uses described as discretionary
use - Development Officer.
(6)
The Development Officer shall upon receipt of a completed application for
Development Permit for a permitted use shall issue a Development Permit with
or without conditions if the proposed development otherwise complies with the
provisions of this Bylaw.
(7)
The Development Officer shall upon receipt of a completed application for
Development Permit for a permitted use that requires a variance or a
discretionary use - Development Officer may:
(a)
approve the application;
26
Bylaw No. 1698/2011
(8)
11.
(b)
approve the application subject to conditions and restrictions considered
appropriate or necessary; or
(c)
refuse the application stating the reasons therefore.
The Development Officer shall refer, with his recommendation, to the Municipal
Planning Commission all applications for Development Permits involving:
(a)
DC Direct Control district (for comment only),
(b)
those applications for a discretionary use - Commission,
(c)
any other applications including an application for a Development Permit
for a permitted use or a discretionary use – Development Officer, that a
Development Officer considers advisable to refer to the Commission.
(d)
any other matter which in the opinion of the Development Officer does not
comply with the intent of the relevant provisions of this Bylaw.
(9)
The Development Officer may refer at their discretion, a Development Permit
application for comments to any officer, individual, group, department, agency,
(provincial and regional) or adjacent municipality whose intent or jurisdiction may
be affected.
(10)
All development decisions of the Development Officer shall be referred to the
Commission for information at regular intervals.
(11)
The Development Officer shall keep and maintain for the inspection of the
general public during office hours a copy of this Bylaw and all amendments
thereto.
(12)
The Development Officer shall keep on file and make available for inspection by
the general public during office hours a register of all applications for
development, including the decisions thereon.
(13)
The Development Officer shall collect the fees payable for each Development
Permit application made according to a scale of fees established by Council.
(14)
For the purposes regarding the right of entry and the enforcement of stop orders,
the Development Officer shall act in compliance with the Act.
MUNICIPAL PLANNING COMMISSION
(1)
The Commission, with the assistance of the Development Officer, shall
administer this Bylaw.
(2)
The Commission is delegated the power to make decisions or recommendations
as appropriate with respect to applications for a Development Permit.
27
Bylaw No. 1698/2011
(3)
The Commission in deciding upon an application for a Development Permit may:
(a)
approve such applications with or without conditions;
(b)
refuse such applications stating the reasons therefore, or
(c)
table such applications stating the reasons therefore.
(4)
The Commission may provide comments and/or make a recommendation to
Council on applications for a Development Permit within an area(s) classified as
DC Direct Control District.
(5)
Where a proposed specific use of land or a building is not provided for in a
district, the Commission may determine that the use is similar in character and
purpose to another use of land or building that is included in the list of permitted
or discretionary uses prescribed for that district and may approve it as a Similar
Use.
(6)
The Commission is authorized to decide upon an application for a Development
Permit, even though the proposed development does not comply with this Bylaw
or a non-conforming building if, in the opinion of the Commission:
(a)
(b)
the proposed development would not
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring properties, and
the proposed development conforms with the use prescribed for that land
or building under this Bylaw.
(7)
The Commission has the authority to vary any condition or requirement of this
Bylaw to a maximum variance allowance of 10% with the exception of sizes of
accessory buildings.
(8)
The Commission is designated as the Subdivision Approving Authority in
accordance with the Town of Redcliff Subdivision Approving Authority Bylaw and
has the authority to exercise subdivision powers as outlined in the Town of
Redcliff Subdivision Approving Authority Bylaw, the Act, this bylaw, and any other
statutory provision or any Bylaw or Regulation as amended from time to time.
28
Bylaw No. 1698/2011
12.
COUNCIL
(1)
Council is delegated the power to make decisions or recommendations as
appropriate with respect to applications for a DC Direct Control District.
(2)
The following uses are considered a discretionary use and must not be approved
on a site unless the site is designated DC Direct Control District :
(a)
13.
Shelter.
ESTABLISHMENT OF FEES
(1)
Council may establish or adjust such fees as are required for the purpose of
administering this Bylaw.
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Bylaw No. 1698/2011
PART III
PROCEDURE FOR DEVELOPMENT PERMITS
14.
DEVELOPMENT PERMITS REQUIRED
(1)
15.
Subject to Section 15 of this Bylaw, a person shall not commence a development
unless he has obtained a Development Permit for the development from the
Development Authority.
DEVELOPMENT PERMITS NOT REQUIRED
(1)
It shall not be necessary to obtain a Development Permit prior to commencement
of any of the following types of development provided they meet the
requirements of this Bylaw:
(a)
the use of a building or part thereof as a temporary polling station,
returning officers' headquarters, candidates campaign offices and any
other official temporary use in connection with a federal, provincial,
municipal or school elections, referendum or census;
(b)
developments solely for the purposes excluded from the provisions of the
Provincial or Federal legislation;
(c)
the erection, construction or maintenance of patios less than 0.6 m and
decks less than 1.8 m in height in residential districts, which are not
covered by roofs and meet the appropriate setback requirements.
(d)
any minor residential renewal, renovations or maintenance which do not
include structural alterations or does not change the use or intensity of
the use of the structure;
(e)
fencing, privacy walls, and gates which meets the requirements of
Section 56 of this Bylaw;
(f)
a structure erected for a temporary special function not exceeding seven
(7) days.
(g)
the construction and maintenance of a public road, public utility, utility
building or public park within a public road, public easement or publicly
owned parcel.
(h)
up to two (2) buildings or structures less than 10 m 2 in area and not
permanently attached to the ground, within a Residential District, an
Urban Reserve District or residential uses within a Horticultural District
provided that no portion of the building is located within the required yard
setbacks.
(i)
a satellite dish less than 1.0 m in diameter.
30
Bylaw No. 1698/2011
(2)
16.
(j)
the construction, maintenance, and repair of retaining walls up to 0.6 m in
height provided the wall does not encroach onto public land or into a
utility right of way.
(k)
the erection or installation of machinery needed in connection with
construction of a building for which a Development Permit has been
issued, for the period of the construction.
Signs not requiring a Development Permit are identified in Part VIII of this Bylaw.
DEVELOPMENT PERMIT APPLICATION REQUIREMENTS
(1)
An application for a Development Permit required under this Bylaw shall be made
to the Development Officer in writing in the form prescribed by the Development
Officer and be accompanied by the information required in subsection (2) below.
(2)
For the purposes of Section 16 of this Bylaw, applications for a Development
Permit are not deemed received until the applicant has:
(3)
(a)
submitted all information required pursuant to this Section of this Bylaw;
(b)
submitted any information specifically required pursuant to the regulations
of the applicable Land use District or any other Section of this Bylaw; and
(c)
paid the appropriate fee as determined by Council.
Every application for a Development Permit, shall require all submitted plans to
be drawn to scale, fully dimensioned, accurately figured, explicit and complete
and at the discretion of the Development Authority, may be accompanied by the
following:
(a)
Three (3) copies of the site plans showing the following information:
(i)
north arrow;
(ii)
scale of plan;
(iii)
legal description of property;
(iv)
municipal address;
(v)
property lines shown and labelled;
(vi)
dimensions of proposed buildings including projections and
accessory structures;
(vii)
setbacks to all property lines, shown and labelled;
(viii)
proposed grades, contours and on-site drainage;
31
Bylaw No. 1698/2011
(ix)
location of adjacent sidewalks, curbs streets, avenues and lanes
shown and labelled;
(x)
location and dimensions to property lines of any building or
structure, utility poles, retaining walls, fences, and other physical
features;
(xi)
dimensioned layout of parking spaces, loading bays and
manoeuvring aisles;
(xii)
location of outdoor storage and garbage containment areas;
(xiii)
the location and nature of proposed lighting and signage;
(xiv)
proposed entrances and exits including dimensions of width,
radius and distance from intersections and other accesses,
(xv)
proposed landscaped area or existing landscaped areas to be
retained subject to subsection (5) below;
(xvi)
existing and any proposed utilities shown in streets, avenues and
lanes;
(xvii)
all easements and utility rights-of-way shown and labelled and
other relevant encumbrances;
(xviii) the location(s) and sizes of both existing and/or proposed utility
service connections; and
(xix)
appraisal of the volume and other characteristics of water and
sanitary sewage service connections.
(b)
A site drainage/stormwater management plan prepared by a qualified
professional, to the satisfaction of the Development Authority, for all
commercial, industrial, Greenhouses and multi-family developments or
other developments as required by the Development Authority.
(c)
Notwithstanding subsection (3)(b), a site drainage plan shall not be
required if a site has an impervious surface less than 30% of the site, for
an application for a Development Permit for a property located in the
original Registered Plan No. 7911064.
(d)
Computation of:
(i)
site area;
(ii)
floor area(s); and
(iii)
density of development.
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Bylaw No. 1698/2011
17.
(e)
Two (2) sets of plans showing floor plans, elevations and perspectives of
the proposed development, including a description of exterior finishing
materials,
(f)
Written proof of ownership and authority to apply for a Development
Permit,
(g)
A detailed letter of intent including:
(i)
description of the proposed development, including a statement of
the intended use of all land and buildings;
(ii)
description of transportation details including size of vehicles and
frequency of trips;
(iii)
number of employees;
(iv)
information describing any noxious, toxic, radioactive, flammable
or explosive materials proposed; and
(v)
hours of operation.
(4)
The Development Authority may require that an application for a Development
Permit be accompanied by three (3) copies of a plan of survey, Real Property
Report or a site plan prepared by an Alberta Land Surveyor of the subject site
including any existing buildings and structures located on it.
(5)
Landscaping plans shall show all existing and proposed landscaped areas and
physical features, including berms, slopes, shrubs and trees. The plans shall
clearly distinguish between existing vegetation which is to be retained and that
which is to be removed.
(6)
The Development Authority may deal with an application and make a decision
thereon without all of the information required under this Section if in its opinion,
the nature of the development is such that a decision on the application can be
properly made without such information.
(7)
When sufficient details of the proposed development have not been included with
the application for a Development Permit pursuant to this Section,
the
Development Authority may return the application to the applicant for further
details.
APPLICATIONS DEEMED REFUSED
(1)
An application for a Development Permit shall, at the option of the applicant, be
deemed refused when a decision on the application is not made by the
Development Authority within 40 days of the receipt of the application, in its
complete form, unless the applicant has entered into a written agreement with
the Development Authority to extend the 40 day period.
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Bylaw No. 1698/2011
18.
DEVELOPMENT PERMIT CONDITIONS
(1)
The Development Authority may impose conditions on the approval of a
Development Permit as may be required in accordance with the Act and this
Bylaw.
(2)
Any condition which is attached to a Development Permit forms part of the
Development Permit, and shall be complied with for the Development Permit to
remain valid.
(3)
The Development Authority may attach conditions:
(4)
(a)
to ensure that a proposed use or development of land or buildings will
comply with the provisions of this Bylaw and the Town of Redcliff
Municipal Development Plan or any other statutory plan adopted by
Council.
(b)
specifying the period of time during which a Development Permit is valid
and/or the date by which development shall commence,
(c)
governing the design, character, appearance, size, height, location,
position, density and intensity of use, servicing, vehicle and pedestrian
accessibility, landscaping, lighting, advertising, identification or use of any
proposed use or development,
(d)
governing the excavation, filling or reclamation of land,
(e)
requiring the registration of a restrictive covenant, caveat, or easement.
The Development Authority may impose a condition on the issuance of a
Development Permit requiring the applicant to enter into an agreement, which
shall form part of such Development Permit, with the Town to do all or any of the
following:
(a)
to construct or pay for the construction of a road required to give access
to the development;
(b)
to construct, or pay for the construction of:
(c)
(i)
a pedestrian walkway system to serve the development; or
(ii)
pedestrian walkways to connect the pedestrian walkway system
serving the development with a pedestrian walkway system that
serves or is proposed to serve an adjacent development,
(iii)
or both.
to install or pay for the installation of public utilities to municipal standards
that are necessary to serve the development;
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Bylaw No. 1698/2011
19.
(d)
to construct or pay for the construction of off-street or other parking
facilities, and garbage, recycling, loading and unloading facilities;
(e)
to repair or reinstate, or pay for the repair or reinstatement to original
condition, of any roads, municipal signage, street furniture, curbing,
sidewalk, boulevard landscaping and tree planting that may be damaged
or destroyed or otherwise harmed by development or/and building
operations upon the site.
(5)
The Town may require any agreement entered pursuant to subsection (4) above
to be filed against the title of the site at the Land Titles Office. After completion of
the terms of the agreement, the Town will discharge the caveat upon request of
the landowner.
(6)
The Town may require security in the form of an irrevocable letter of credit,
performance bond, cash or certified check deposit to carry out and ensure
compliance with the conditions of approval and/or a development agreement.
The security is to be paid to the Town for its use in completing the terms of the
agreement or works in the event of default by the applicant.
ISSUANCE OF DEVELOPMENT PERMITS AND NOTICES
(1)
A Development Permit issued pursuant to this Bylaw is not a Building Permit and
work or construction shall neither commence nor proceed until a Building Permit
has been issued pursuant to applicable bylaws and regulations.
(2)
No application for a Development Permit shall be approved unless it conforms
with:
(a)
the Municipal Development Plan of the Town of Redcliff;
(b)
this Bylaw;
(c)
any adopted Area Structure Plan affecting the application;
(d)
any adopted Area Redevelopment Plan affecting the application; and
(e)
any adopted Intermunicipal Development Plan affecting the application.
(3)
A Development Permit granted pursuant to this Bylaw, for a permitted use, where
the provisions of this Bylaw have not been relaxed or varied, the Development
Officer shall approve and issue the Development Permit as of the date of the
decision .The Development Authority is not required to notify adjacent or affected
land owners.
(4)
When an application for a permitted use that requires a variance of a Bylaw
requirement has been approved or the approval is for a discretionary use that
has been approved:
35
Bylaw No. 1698/2011
(a)
a Notice of Decision shall be sent by ordinary mail to the applicant;
(b)
a Notice shall be published once in a local newspaper circulating within
the municipality stating:
(c)
(i)
the legal description of the property,
(ii)
the civic address,
(iii)
the nature of the use or development,
(iv)
the right to appeal the decision within 14 days of the date of the
notice, and
(v)
the method of making the appeal.
the Notice may be mailed to all landowners and to all registered owners
of land who, in the opinion of the Development Authority, may be
affected.
(5)
When an application for a Development Permit is refused, the Notice of Decision,
including reasons for refusal, shall be sent by ordinary mail to the applicant.
(6)
For purposes of this Bylaw, Notice of Decision of the Development Authority on
an application for a Development Permit is deemed to have been given and to
have been received:
(a)
in the case of a decision of approval or refusal pursuant to subsection (3)
and (5), on the date that the Notice of Decision is sent by ordinary mail to
the applicant;
(b)
in the case of a decision of approval pursuant to subsection (4), on the
date that the Notice of Decision appears in the newspaper.
(7)
When an appeal is lodged pursuant to the Act and Part IV of this Bylaw, a
Development Permit related to the appeal is suspended until the appeal has
been determined and the permit has been confirmed, modified, or nullified
thereby.
(8)
When a Development Permit has been granted by the Development Authority it
shall not be valid unless and until:
(a)
any conditions of approval, save those of a continuing nature, have been
met; and
(b)
no notice of appeal from such approval has been served on the
Subdivision and Development Appeal Board through the Municipal
Manager within fourteen (14) days of the Notice of Decision.
36
Bylaw No. 1698/2011
(9)
Unless a Development Permit is:
(a)
specified by the Development Authority to remain in effect for less than
twelve (12) months; or
(b)
suspended or cancelled,
it shall be deemed void if the development authorized by the Development Permit
is not commenced after twelve (12) months from the date of its issue unless an
extension has been granted by the Development Authority that made the
decision.
(10)
20.
At the request of the applicant the validity of a Development Permit may be
extended by the Development Authority for an additional period of not more than
twelve (12) months having due regard to the merits of the case.
REAPPLICATION
When a Development Permit application is refused:
21.
(1)
Except as provided in subsection (2) another application for the same or similar
use of the parcel may not be submitted by the same or another applicant until six
(6) months have elapsed from the date of the decision of the Development
Authority or Subdivision and Development Appeal Board.
(2)
The Development Authority may receive an application for the same or similar
use of the parcel before six (6) months have elapsed from the date of the
decision, when, in the opinion of the Development Authority, the aspects of the
application which caused it to be refused have been sufficiently modified so as to
constitute a sufficiently different application.
(3)
An application for a permitted use of the parcel, complying in all respects with
this Bylaw, may be submitted before six (6) months have elapsed from the date
of the decision.
RIGHT TO SUSPEND OR CANCEL A DEVELOPMENT PERMIT
(1)
The Development Authority may suspend or cancel a Development Permit by
notice in writing to the holder of it if:
(a)
any condition of the Development Permit is not met,
(b)
the permit was issued in error,
(c)
the permit was issued on the basis of misrepresented facts, incorrect
information or non-disclosure of information.
37
Bylaw No. 1698/2011
(2)
22.
A person who receives a Notice referred to in Section 21 of this Bylaw may
appeal to the Subdivision and Development Appeal Board pursuant to Section
686(1) of the Act.
DEVELOPMENT COMPLETION CERTIFICATES
(1)
The Development Authority may include as a condition of any Development
Permit or Development Agreement that a Development Completion Certificate
must be issued prior to occupancy and use of the site as approved in the
Development Permit.
(2)
An applicant must request a Development Completion Certificate from the
Development Authority prior to commencing the use of a site.
(3)
An applicant requesting a Development Completion Certificate must ensure the
development is available for inspection by the Development Authority to confirm
that it has been completed in accordance with the conditions of the Development
Permit or Development Agreement, and upon request by the Development
Authority, the applicant must attend the inspection, produce any documents the
Development Authority feels are necessary for the inspection, and must not
hinder the inspection in any way.
(4)
Where the Development Authority is satisfied that all the requirements and
conditions of the Development Permit have been met, except those of continuing
nature, the Development Authority may issue a Development Completion
Certificate.
(5)
Where a Development Authority is not satisfied that a development has been
completed in accordance with the conditions of the Development Permit or
Development Agreement, the Development Authority may:
(6)
(a)
refuse to issue a Development Completion Certificate and require that the
applicant complete the development to an acceptable standard; or
(b)
refuse to issue a Development Completion Certificate and make use of
any securities taken as part of the Development Permit or Development
Agreement to complete the development in accordance with the
conditions of the Development Permit or Development Agreement.
(c)
refuse to issue a Development Completion Certificate and require that the
applicant enter into a Development Agreement, pay a deposit or provide
the Town with a Letter of Credit, any one of which must give the Town the
security needed to ensure the works required by the Development Permit
can and will be completed.
Where a Development Authority has exercised subsection (5) as above, and
upon re-inspection is satisfied that the development has been completed in
accordance with the conditions of the Development Permit or Development
Agreement, the Development Authority shall issue a Development Completion
38
Bylaw No. 1698/2011
Certificate for the development.
23.
COMPLIANCE CERTIFICATES
(1)
Upon application and payment of the fee prescribed by Council, a Compliance
Certificate may be issued to the registered owner of a site, a person with a legal
or equitable interest in the site or an agent of the registered owner or person with
an interest in the site.
(2)
A person applying for a Compliance Certificate shall submit with his application a
current copy of the Certificate of Title for the site and a current Real Property
Report or Surveyor's Certificate for the site prepared by a registered Alberta Land
Surveyor. If the Real Property Report or Surveyor's Certificate is dated more
than ninety (90) days prior to being received at the Town of Redcliff, the applicant
must provide a statutory declaration establishing that there are no additions or
alterations to the developments as outlined in the Real Property Report or
Surveyor's Certificate.
(3)
When considering requests for Compliance Certificates the Development
Authority may allow a minor variance of 5% to each of the following
requirements, providing there is no encroachment on adjacent property, and
where, in the opinion of the Development Authority, such variance does not
unduly affect the amenities, use or enjoyment of the site or neighbouring
properties:
(4)
24.
(a)
the front yard setback;
(b)
the side yard setback;
(c)
the rear yard setback; and
(d)
the lot coverage.
If the Development Authority is unable to grant a Compliance Certificate under
Section 23, the landowner may apply for a Development Permit for “Permission
to Stay” under Section 24.
PERMISSION TO STAY
(1)
Where a Development Officer receives an application for a Development Permit
respecting a building, the construction of which pre-exists this Bylaw, the
Development Officer may, at his or her discretion, issue a Development Permit
specifically for the purpose of allowing the existing building “Permission To Stay,”
notwithstanding its non-compliance with this Bylaw, so long as:
(a)
in the opinion of the development officer, there are no significant issues of
public safety posed by the presence of the existing development;
39
Bylaw No. 1698/2011
(2)
(b)
in the opinion of the development officer providing “permission to stay”
would not unduly interfere with the amenities of the neighbourhood, or
materially interfere with the use, enjoyment, or value of neighbouring
parcels of land;
(c)
the use of the building has not been discontinued for six (6) consecutive
months or more;
(d)
the applicant provides the development officer with a current real property
report, which clearly outlines all building setbacks from property lines,
and/or other pertinent information as deemed required; and
(e)
the applicant provides the development officer any other information,
documentation, or declarations, if deemed necessary, to satisfy (a) and
(d) above.
An application under subsection (1) shall be deemed an application for a
discretionary use – Development Officer within the Land Use District the building
is located in. In addition to any other conditions imposed by the Development
Authority, a Development Permit issued in respect for a “Permission to Stay”
shall be subject to the following conditions:
(a)
if the use of the subject building is discontinued for a period of six (6)
consecutive months or more, the Development Permit shall lapse and any
further use of the land or building shall conform with the provisions of the
bylaw in effect;
(b)
the building may not be enlarged, added to, rebuilt or structurally altered
except:
(c)
(i)
to make it a conforming building; or
(ii)
routine maintenance of the building if in the opinion of the
development authority, it is necessary.
if the building is damaged or destroyed to the extent of more than 75
percent of the value of the building above its foundation, the Development
Permit shall lapse and the building shall not be repaired, rebuilt or
replaced except in accordance with the land use bylaw in effect.
40
Bylaw No. 1698/2011
PART IV
DECISION APPEAL PROCESS
25.
RIGHT OF APPEAL
(1)
Development
(a)
(2)
An appeal may be made to the Subdivision and Development Appeal
Board if the Development Authority:
(i)
refuses to issue a Development Permit, or
(ii)
issues a Development Permit with or without conditions, or
(iii)
cancels or suspends a Development Permit as described in
Section 21 of this Bylaw or issues an order as described in the
Act, or
(iv)
Issues a Development Permit for an existing noncompliant
building under Section 24, or
(v)
fails to make a decision within 40 days of receipt of the completed
application unless the applicant has entered into a written
agreement with the Development Officer to extend the 40-day
period.
(b)
The person applying for the permit or affected by the order, under
subsection (1)(a), or any other person affected by an order, decision or
Development Permit of the Development Authority may appeal to the
Subdivision and Development Appeal Board.
(c)
Notwithstanding subsection (1)(a) and (b), no appeal may be lodged with
respect to a Development Permit for a permitted use unless the
provisions of the Land Use Bylaw were relaxed, varied or misinterpreted.
(d)
Notwithstanding subsection (1)(c), an applicant may appeal a
Development Permit for a permitted use if conditions of approval are
provided.
Subdivision
(a)
The decision of the Subdivision Authority on an application for subdivision
approval may be appealed by:
(i)
the applicant for the approval;
(ii)
a Government department if the application is required by the
subdivision and development regulations to be referred to that
department;
41
Bylaw No. 1698/2011
26.
the council of the municipality in which the land to be subdivided is
located if the council, a designated officer of the municipality or
the municipal planning commission of the municipality is not the
subdivision authority;;
(iv)
a school authority with respect to:
(a)
the allocation of municipal reserve and school reserve or
money in place of reserve,
(b)
the location of school reserve allocated to it, or
(c)
The amount of school reserve or money in place of the
reserve.
APPEAL PROCEDURES
(1)
27.
(iii)
The appeal shall be commenced by serving a written notice of the appeal, stating
the reasons for the appeal, on the Subdivision and Development Appeal Board,
through the Municipal Manager, within fourteen (14) days after:
(a)
the date that the notice to the public is published in a newspaper, or
(b)
the person is notified of the order or decision or the issuance of the
Development Permit, or
(c)
the date that the applicant receives an order issued pursuant to the Act,
or
(d)
the end of the period described in Section 17 of this Bylaw if no decision
has been made or extension granted, or
(e)
receipt of the written decision of the Subdivision Authority or deemed
refused by the Subdivision Authority in accordance with the Act.
(2)
Each appeal made to the Subdivision and Development Appeal Board shall be
accompanied by a processing fee, the amount of which shall be set from time-totime by Council.
(3)
For the purpose of subsection (1)(b) and (e) above, the date of receipt of the
decision is deemed to be five (5) days from the date the decision is mailed.
APPEAL NOTICES
(1)
Development
(a)
The Subdivision and Development Appeal Board shall give at least five
(5) days’ notice in writing of the public hearing to:
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Bylaw No. 1698/2011
(2)
the appellant;
(ii)
the Development Authority from whose order, decision or
Development Permit the appeal is made;
(iii)
those registered owners of land in the Town who were notified
pursuant to this Bylaw and any other person who in the opinion of
the Subdivision and Development Appeal Board, are affected by
the order, decision or permit, and;
(iv)
such other persons as the Subdivision and Development Appeal
Board specifies.
Subdivision
(a)
28.
(i)
The Subdivision and Development Appeal Board shall give at least five
(5) days notice in writing of the public hearing to:
(i)
the applicant for subdivision approval;
(ii)
the Subdivision Authority who made the decision;
(iii)
if land that is subject of the application is adjacent to the
boundaries of another municipality, that municipality;
(iv)
any school authority to whom the application was referred;
(v)
every government department that was given a copy of the
application pursuant to the subdivision and development
regulations; and
(vi)
owners of land that is adjacent to land that is the subject of the
application to the satisfaction of the Subdivision and Development
Appeal Board and in conformity with the Act.
PUBLIC HEARING FOR APPEALS
(1)
Within thirty (30) days of receipt of a notice of appeal, the Subdivision and
Development Appeal Board shall hold a public hearing concerning an appeal.
(2)
The Subdivision and Development Appeal Board shall make available for public
inspection before the commencement of the public hearing all relevant
documents and materials respecting the appeal including:
(a)
the application for a Development Permit or subdivision and the appeal
form; or
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(b)
(3)
Development
(a)
(4)
At the public hearing, the Subdivision and Development Appeal Board
shall hear:
(i)
the appellant or any person acting on behalf of the appellant;
(ii)
the Development Authority from whose order, decision or
Development Permit the appeal is made, or persons designated to
act on their behalf;
(iii)
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
(iv)
any other person who claims to be affected by the order, decision
or permit and that the Subdivision and Development Appeal Board
agrees to hear, or a person acting on behalf of that person.
Subdivision
(a)
29.
the order or decision of the Development Authority which is being
appealed.
At the public hearing, the Subdivision and Development Appeal Board is
not required to hear from any other person or entity other than:
(i)
a person or entity that was notified pursuant to Section 27(2) of
this Bylaw,
(ii)
each owner of adjacent land to the land that is subject of appeal,
or a person acting on any of those person’s behalf.
APPEAL DECISIONS
(1)
The Subdivision and Development Appeal Board shall give its decision in writing
together with reasons for the decision within fifteen (15) days of the conclusion of
the hearing.
(2)
Where a decision of the Development Authority:
(a)
to issue a Development Permit;
(i)
is confirmed by the Subdivision and Development Appeal Board,
the Development Permit shall be signed and dated as of the date
of the Subdivision and Development Appeal Board decision,
(ii)
is varied by the Subdivision and Development Appeal Board, a
new Development Permit shall be issued with or without
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conditions in accordance with, and signed and dated as of the
date of, the Subdivision and Development Appeal Board decision,
(iii)
(3)
Where a decision of the Development Authority:
(a)
(4)
is reversed by the Subdivision and Development Appeal Board,
the Development Permit becomes null and void, and the
application shall be considered refused as of the date of the
Subdivision and Development Appeal Board decision,
to refuse a Development Permit application;
(i)
is confirmed by the Subdivision and Development Appeal Board,
the application shall be considered refused as of the date of the
Subdivision and Development Appeal Board decision,
(ii)
is reversed by the Subdivision and Development Appeal Board, a
Development Permit shall be issued with or without conditions in
accordance with, and signed and dated as of the date of, the
Subdivision and Development Appeal Board decision.
A decision made under this part of the Bylaw is by the Subdivision and
Development Appeal Board and is final and binding on all parties and all persons
subject only to an appeal upon a question of jurisdiction or law pursuant to
Section 688 of the Act. An application for leave to appeal to the Court of Appeal
shall be made:
(a)
to a judge of the Court of Appeal; and
(b)
within thirty (30) days after the issue of the order, decision, permit, or
approval sought to be appealed.
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Part V
ENFORCEMENT AND PENALTIES
30.
ORDER OF COMPLIANCE/STOP ORDERS
(1)
If the Development Authority finds that a development or use of land or buildings
is not in accordance with:
(a)
the Act,
(b)
a Development Permit or subdivision approval, or
(c)
the Land Use Bylaw,
the Development Authority may, by notice in writing, order the registered owner,
the person in possession of the land or buildings or the person responsible for
the contravention or all or any of them to:
(i)
stop the development or use of the land or building in whole or in
part as directed by the notice, or
(ii)
demolish, remove or replace the development, or
(iii)
take other measures specified in the notice so that the
development or use of the land or buildings is in accordance with
the Act, a Development Permit, subdivision approval or this Bylaw,
as the case may be,
within the time specified by the notice.
(2)
31.
A person who receives a notice referred to in subsection (1) may appeal to the
Subdivision and Development Appeal Board.
ENFORCEMENT
(1)
If a person fails or refuses to comply with an order directed to him under
subsection 30(1) , or an order of the Subdivision and Development Appeal
Board, Council or a person appointed by it may, in accordance with the Act, enter
on the land or building and take any action necessary to carry out the order.
(2)
For the purpose of entering or inspecting land or buildings described in Sections
542 and 646 of the Act, the Development Officer is hereby declared to be a
“designated officer”.
(3)
When the Council or a person appointed by it carries out an order, the Council
shall cause the costs and expenses incurred in carrying out the order to be
placed on the tax roll as an additional tax against the property concerned and
that amount shall be collected in the same manner as taxes on land.
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(4)
(5)
Any person who:
(a)
contravenes or fails to comply with any provision of the Act or Subdivision
and Development Regulation, or this Bylaw, or
(b)
contravenes or fails to comply with a Development Permit or subdivision
approval or a condition attached thereto, or
(c)
obstructs or hinders any person in the exercise or performance of their
powers or duties under the Act or this Bylaw is guilty of an offence and is
liable upon summary conviction to a fine of a minimum of $300.00 up to a
maximum of $10,000 or imprisonment for not more than one year, or both
a fine and imprisonment for not more than one year.
If a person is found guilty of an offence under the Act or this Bylaw, the court
may, in addition to any other penalty imposed, order the person to comply with
the Act, or Subdivision and Development Regulation, or the Development Permit,
or subdivision approval or any conditions attached thereto, as the case may be.
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Bylaw No. 1698/2011
PART VI
LAND USE BYLAW AMENDMENTS
32.
33.
APPLICATION
(1)
A person may apply to Council through the Municipal Manager, to have this
Bylaw amended, by applying in writing and furnishing reasons in support of the
application.
(2)
Council may initiate amendments to this Bylaw by directing the Municipal
Manager to initiate an application therefore.
(3)
All amendments to the Land Use Bylaw shall be made by an amending Bylaw in
accordance with the Act.
INFORMATION AND PLANS REQUIRED
(1)
(2)
All applications for amendments to the Land Use Bylaw shall be made to the
Municipal Manager on the prescribed application form and shall be accompanied
by the following:
(a)
a copy of the certificate of title for the lands affected;
(b)
evidence satisfactory to the Municipal Manager that the application is
authorized by the registered owner(s) of the parcel, if the registered
owner(s) is not the applicant;
(c)
a statement of the reasons in support of the application;
(d)
a vicinity map of an appropriate scale indicating the location of the parcel
and its relationship to the existing land uses and developments within
60.0 m of the parcel boundaries;
(e)
a description of the use or uses proposed for the land that is the subject
of the application;
(f)
where an application is for a district change to DC - Direct Control District
a statement explaining why particular control is needed to be exercised
over the parcel and why another district is not appropriate;
(g)
a fee, as established by Council.
The Municipal Manager may request, in addition to the information required in
subsection (1) above, such other information as necessary to properly evaluate
and make a recommendation on the application.
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34.
COMPLIANCE WITH INFORMATION REQUIREMENT
(1)
35.
The Municipal Manager may:
(a)
refuse to accept an application to amend this Bylaw if the information
required by Section 33 has not been supplied, or
(b)
consider the application complete without all of the information required
by Section 33, if, in his opinion, a decision can be properly made with the
information supplied.
APPLICATION REVIEW PROCESS
(1)
On receipt of an application to make an amendment to this Bylaw, the Municipal
Manager shall refer the application for comments to:
(a)
the Municipal Planning Commission
(2)
The Municipal Planning Commission shall consider the matter and make
recommendation to Town Council.
(3)
In reviewing an application to amend this Bylaw, consideration shall be given to
the following:
(a)
the proposal is located in an appropriate area of the community and is
compatible with adjacent land uses;
(b)
the proposal does not compromise the road capacity of the area and is
suitably and efficiently serviced by an off-site road network;
(c)
the proposal can be adequately serviced with municipal utilities; and
(d)
any other matter as deemed necessary taking into consideration the
nature of the application as well as any statutory plan or approved policy
affecting the site.
(4)
The recommendations of the Municipal Planning Commission shall be
communicated to the applicant who shall decide whether or not he wishes to
pursue his application further.
(5)
Should the applicant decide not to pursue the application further the matter will
be considered closed and the advertising component of the fees will be refunded.
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36.
PUBLIC NOTICE
(1)
(2)
37.
(a)
the legal description of land;
(b)
the civic address of the property if possible;
(c)
the purpose of the amending Bylaw;
(d)
time and place where a copy of the proposed amending Bylaw may be
inspected by the public;
(e)
time and place that Council will hold a Public Hearing on the proposed
amending Bylaw prior to the second reading;
(f)
an outline of the procedure to be followed by anyone wishing to be heard
at the Public Hearing and how the hearing will be conducted.
In addition to the newspaper advertisement included in subsection (1), notice
shall be given to the owner(s) of the subject lands and a written notice shall be
issued by ordinary mail, to each owner of adjacent land as defined by the Act or
any other land owner that Council deems affected, at the name and address
shown for that owner on the tax roll.
PUBLIC HEARING
(1)
38.
Upon first reading of a Bylaw amendment the Municipal Manager shall forthwith
cause to be published in two (2) issues of a newspaper, a notice of the proposed
amending bylaw containing:
Council shall hold the Public Hearing at the time and place stated in the notice, at
which Council may hear:
(a)
the applicant or a person acting for the applicant;
(b)
any person who claims to be affected by the proposed amending Bylaw;
(c)
any other person that Council agrees to hear.
DECISIONS
(1)
Council, after considering:
(a)
any representations made at the public hearing;
(b)
any Municipal Development Plan, Area Structure Plan, Area
Redevelopment Plan and Intermunicipal Development Plan affecting the
application and the provisions of this Bylaw; and
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(c)
39.
any other matter it considers appropriate, may:
(i)
pass the proposed Bylaw;
(ii)
make such amendments or changes it considers necessary and
proceed to pass it without further advertisement or hearing; or
(iii)
defeat the proposed Bylaw.
REAPPLICATION
(1)
Where an application for amendment to this Bylaw has been refused by Council
another application for amendment on the same site for the same or similar use
of land shall not be made by the same or any other applicant until at least six (6)
months from the date of Council's decision.
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PART VII
GENERAL LAND USE REGULATIONS
40.
ACCESSORY BUILDINGS AND STRUCTURES
(1)
A structure which is attached to the principal building by a roof, a floor or a
foundation is not an accessory building, and it is to be considered part of the
principal building.
(2)
For the purposes of this Bylaw detached garages, carports and portable garage
and shelters are considered accessory buildings.
(3)
Other than an approved garden suite, an accessory building shall not be used as
a dwelling or contain a dwelling unit.
(4)
No accessory building or use shall be located in the front yard or in front of the
principal building.
(5)
Any accessory building or structure, except a deck or fence, shall be located at
least 1.5 m from any principal building.
(6)
An accessory building shall have a minimum rear yard setback of 1.0 m unless
there is vehicular access to the accessory building from the lane, where the
minimum setback from said lane shall be 3.0 m.
(7)
An accessory building shall have a minimum side yard setback of 1.0 m.
(8)
On corner lots, the flankage setback for an accessory building is 3.0 m unless
there is vehicular access to the accessory building from the said flanking street or
avenue, where the minimum setback is 6.0 m.
(9)
In the case of an accessory building erected on and serving two abutting lots,
such buildings may be erected with the approval of the Development Authority on
the side property line common to such lots.
(10)
No accessory building shall exceed 4.5 m in height.
(11)
The maximum size of an accessory building(s) is limited to 15% of lot size or
92.9m2 whichever is less.
(12)
No more than three (3) accessory buildings shall be permitted on a lot. Their
total site area coverage may not exceed 15%.
(13)
No accessory building shall occupy more than two-thirds of the width of the rear
yard of any lot or as required by the Development Authority.
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41.
(14)
A Portable Garage and Shelter exceeding 11.15 m2 must be adequately
anchored with 1.0 m x 150 mm diameter concrete pile or equivalent form per
post.
(15)
Notwithstanding any provision of this Bylaw, a Portable Garage and Shelter shall
be limited to a maximum size of 26.76 m2 and height of 3.7 m in a residential
area.
(16)
A Portable Garage and Shelter shall not be electrically wired or heated.
AMENITY SPACE
(1)
All multi-unit dwelling developments shall provide a minimum of 6.0 m2 of
amenity space per unit, exclusive of required front and side yards with no
dimension less than 1.5 m. This amenity space may be private, communal, or a
combination thereof.
(2)
Those areas comprised of balconies, decks, patios and recreational facilities
within the development may be included as part of the total amenity space
requirements for the site.
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Bylaw No. 1698/2011
(3)
Amenity space shall be functionally designed for the use and benefit of the
occupants of the development and shall have regard to the following:
(a)
(b)
private amenity space should allow for:
(i)
direct access to the dwelling unit that it serves;
(ii)
a visually screened and adequately private social/recreational
area;
shared amenity space should allow for:
(i)
(4)
42.
adequate safety of active areas from vehicle circulation and
parking areas;
Shared amenity space shall be designed for the recreational use of all residents
of the development in a central location. The area shall be indoor or outdoor
space or a combination thereof, including but not limited to landscaped
courtyards, swimming pools, fitness rooms, party rooms, games rooms, and
children's play areas complete with equipment.
BED AND BREAKFAST ACCOMMODATIONS
(1)
The accommodation shall be limited to a maximum of four (4) guest rooms in
addition to the primary dwelling unit.
(2)
Meals for guests shall be prepared in a common kitchen of the principal
residence not in guest rooms.
(3)
Parking for guests shall comply with Schedule 68 of this Bylaw.
(4)
Alterations to the principal building may be permitted but shall not change the
principal character or external appearance of the principal building.
(5)
No form of advertising related to the business, except for one (1) identification
sign, not exceeding 0.28 m2 may be posted. Appearance of the sign shall be of a
professional quality to the satisfaction of the Development Authority.
(6)
Employees working in the business shall be limited to the residents of the
dwelling unit.
(7)
All Development Permits issued for bed and breakfast establishments shall be
revocable at any time if in the Development Authority’s opinion, the use is or has
become detrimental to the amenities of the neighborhood.
(8)
A Development Permit does not exempt compliance with health regulations or
any other Provincial and Municipal requirements.
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43.
44.
45.
CAR WASH
(1)
The site area shall contain a queue for two (2) vehicles prior to their entry into
any part of the cleaning process for which they are bound and queue
requirement for one (1) vehicle behind the part of the building in which the
cleaning process takes place.
(2)
All parts of the site to which vehicles may have access shall be hard-surfaced
and drained to the satisfaction of the Development Authority.
(3)
The site and all improvements thereon shall be maintained in a clean and tidy
condition, free from rubbish and debris.
(4)
Receptacles for the purpose of disposing of rubbish, debris and other waste
material shall be provided as required by the Development Authority.
(5)
Points of access and egress shall be located to the satisfaction of the
Development Authority.
CONDOMINIUM AND BARE LAND CONDOMINIUM PLANS
(1)
In the event of subdivision by condominium or bare land condominium plan,
development shall be treated as a multi-unit complex where development
setbacks for the front, rear, and side yards shall be the same as specified in the
appropriate Land Use District. Spatial separation between buildings shall also
comply with the Alberta Building Code.
(2)
The Town’s road and utility servicing standards may be relaxed within the
boundaries of a proposed development that will be registered by condominium or
bare land condominium plan, provided that:
(a)
adequate fire access, legal road access, and municipal servicing are
provided and maintained to the satisfaction of the Development Authority;
(b)
the applicant, heirs and assigns or the condominium corporation assumes
all responsibility for the construction, maintenance, repair, and
replacement of all such roads and utility services within the condominium
plan or bare land condominium plan.
CONTROLLED APPEARANCE
(1)
The entire site and all buildings at all times shall be maintained in a neat and tidy
manner including the trimming and upkeep of landscaped areas and the prompt
removal of debris and unsightly objects.
(2)
The design, location on the site, external finish, architectural appearance and
landscaping generally of all buildings, including any accessory buildings or
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Bylaw No. 1698/2011
structures and signs and any reconstruction shall be to the satisfaction of the
Development Authority having due regard to the statutory plans, the amenities,
natural site features and character of existing developments in the District, and
the effect on adjacent Districts.
46.
(3)
Any portion of a site area not occupied by buildings, driveways, loading areas or
parking areas shall be landscaped or maintained in its natural state.
(4)
The exterior finish on all buildings shall be of a permanent material satisfactory to
the Development Authority.
(5)
All apparatus on the roof shall be screened to the satisfaction of the
Development Authority.
(6)
Accumulation of vehicle parts or materials shall not be allowed, unless authorized
by a valid Development Permit.
(7)
Any dismantled or wrecked vehicle shall not be left on a site for more than
fourteen (14) successive days.
CORNER VISIBILITY TRIANGLE
(1)
Unless otherwise approved, nothing shall be erected, placed, planted or allowed
to grow in such a manner as to materially impede vision between a height of
0.9 m and 3.0 m in the triangular area formed by the two street property lines and
a straight line which intersects them 7.5 m from the corner where the property
lines meet as indicated in Figure 2.
(2)
The distance may be reduced to 3.0 m in the C-2 Downtown Commercial District
by the Development Authority.
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Bylaw No. 1698/2011
47.
DEMOLITION
(1)
A Development Permit is not required:
(a)
For the demolition of a building where a Development Permit has been
issued for a new development on the same site, provided demolition of
the existing building is contemplated pursuant to the Development Permit.
(2)
No person shall commence or cause to be commenced the removal, relocation,
or demolition of any building or structure, or portion thereof, unless a
Development Permit has first been obtained from the Development Authority.
(3)
When the Development Authority approves a Development Permit for the
demolition of a building, the Development Authority may require the applicant to
provide a letter of credit or cash deposit in such amount to cover costs of
reclamation and damage to public and quasi-public utilities.
(4)
Whenever a Development Permit for the demolition of a building is issued, the lot
shall be properly cleaned with all debris removed and left in a graded safe
condition.
(5)
Whenever a demolition or a removal of a building is carried out the person
causing the same to be made, shall, at his own expense, protect from
displacement any wall, sidewalk or roadway liable to be affected by such
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Bylaw No. 1698/2011
demolition and shall sustain, protect and underpin the same so that they will
remain in the same condition as before the demolition or removal was
commenced and ensure that adequate measures shall be taken by way of
fencing and screening to ensure the general public's safety.
(6)
48.
Any demolition of hazardous materials or structures shall be in accordance with
any municipal, provincial or federal regulations.
DEVELOPMENT ADJACENT TO ESCARPMENTS
(1)
The applicant shall submit a detailed, site specific, geotechnical investigation by
a qualified engineer as part of an application for development of lands that
contain overall slopes greater than 15% or that are potentially inside the safe
slope setback of steep slopes.
(2)
A geotechnical report as required in subsection (1) above, shall include the
following:
(a)
a plan showing the Top of the Escarpment and Bottom of the Escarpment
established from field data and the safe slope setback for current
geographic conditions.
(b)
information on subsoil and groundwater conditions.
(c)
slopes in excess of 15% grade. This slope analysis should be in
increments of 0–5%, >5–10%, >10–15%, >15–20%, and >20%.
(d)
a minimum slope stability factor of safety of 1.5 for the saturated condition
shall be used to determine safe slope setbacks. The effect of sub drains
may be incorporated provided these are included in the design
requirements
(e)
a plan of the proposed development including proposed:
(i)
developed geographic Top of the Escarpment and Bottom of the
Escarpment and escarpment safe slope setback;
(ii)
building locations;
(iii)
property lines which may not encroach beyond the developed
geographic Top of the Escarpment, Bottom of the Escarpment and
safe slope setback; and
(iv)
an additional 5.0 m setback is required to provide public access
from the established Top and/or Bottom of the Escarpment.
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Bylaw No. 1698/2011
(3)
49.
(f)
information as to the effect of the development on other and adjacent
properties and protection of same.
(g)
evidence that provision has been made for disposal of storm water runoff,
excess irrigation water and additional infiltration water in a manner that is
acceptable to the Development Authority.
The following general guidelines relative to review and processing of
geotechnical reports shall apply:
(a)
if the geotechnical report indicates that no corrective engineering work is
required, then the Development Authority may issue a Development
Permit for the proposed development.
(b)
if the geotechnical report indicates that some corrective engineering work
is required, then development may be permitted to proceed, subject to the
following:
(i)
during development of the site, all recommendations of the
geotechnical engineering report shall be followed;
(ii)
upon completion, the geotechnical engineer shall certify to the
Development Authority and Town that all report recommendations
have been followed; and
(iii)
the Town shall be saved harmless from any claims related to soils
movement or erosion damage.
DRAINAGE
(1)
Unless otherwise determined by the Development Authority, the applicant shall
be required to grade a parcel in such a manner that all surface water will drain
from the building site to the back lane and/or front street.
(2)
Any property adjacent to a trapped low where the spill elevation will cause the
pond to encroach onto private property must have a drainage restrictive covenant
and caveat registered on the title of the affected property as per Town standards.
(3)
The Development Authority may require special grading and/or the construction
of a retaining wall as a condition of a Development Permit if, in his opinion,
significant differences in grade exist or will exist between the parcel being
developed and adjacent parcels.
(4)
A site drainage/stormwater management plan prepared by a qualified
professional, to the satisfaction of the Development Authority, may be required
for all subdivision applications and Development Permit applications for
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Bylaw No. 1698/2011
commercial, industrial, Greenhouses and multi-family developments or other
developments as required by the Development Authority.
50.
51.
DRIVE-IN BUSINESSES
(1)
Two (2) vehicle-queuing spaces must be provided for each pump lane or service
bay for automotive shops with drive-through facilities.
(2)
The site for drive-in eating establishments must have a minimum of five (5)
vehicle queuing spaces per order board or ordering window provided in the drive
through aisle for the purpose of queuing vehicles.
(3)
If outdoor speakers are provided they shall be a minimum 20.0 m from the
property boundary of a parcel designated as a residential district and separated
from a residential district by a building, sound fence, or landscaping to the
satisfaction of the Development Authority.
(4)
The site must not have a pedestrian access located so that it crosses a drive
through aisle.
(5)
Exits and entrances shall be as approved by the Development Authority, and
circulation within the lot shall be directional and adequately signed.
(6)
Areas required for parking or circulation of vehicles shall be hard-surfaced to the
satisfaction of the Development Authority.
(7)
Front, side and rear yards abutting on parking or circulation areas shall be
landscaped to the satisfaction of the Development Authority.
DWELLING UNITS ON A PARCEL
(1)
Subject to subsection 51(2) no person shall construct or locate, or cause to be
constructed or located, more than one dwelling unit on a parcel except when
permitted by the Land Use District and specified in a Development Permit.
(2)
The Development Authority may issue a Development Permit for the construction
or location of more than one dwelling unit on a parcel of land if the proposed
dwelling units will be:
(a)
contained in a building that, or in buildings each of which, is designed for
or divided into two or more dwelling units;
(b)
located on a parcel of land that is divided into bareland condominium
units;
(c)
a single detached dwelling and a secondary suite; or
(d)
a single detached dwelling and a garden suite.
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52.
53.
ENTRANCES AND EXITS FOR VEHICLES
(1)
Every lot shall have at least one access point from a public roadway.
(2)
Vehicle entrances and exits for multi-family, commercial, public service and
industrial land uses shall be located at least 9.0 m from an intersection of two (2)
or more roads (including highways).
(3)
The design, number and location of entrances and exits for vehicles shall be
approved by the Development Authority based upon the site layout, potential
traffic generation and public road facilities.
(4)
Unless shown on an approved development or site plan, installation of a
driveway shall require a Development Permit.
(5)
The Development Authority may require that entrances and exits for vehicles be
separate, one-directional, and/or adequately signed.
(6)
Where a curb exists, installation of a driveway may require the removal of the
curb for the width of the driveway and shall be constructed as per the Town of
Redcliff Construction Standards.
ENVIRONMENTAL IMPACT ASSESSMENT
(1)
Environmentally Sensitive Land means land upon which urban development is
likely to cause one or more of the following impacts:
(a)
degradation of the environment and reduction in natural and ecological
diversity;
(b)
destruction or severe damage to biotic communities such as tree
standards, wetlands, nesting and breeding areas;
(c)
direct or indirect adverse impacts on areas of historic, archaeological and
paleontological interest;
(d)
hazardous land conditions; and
(e)
major cumulative impacts resultant from the recurrence of minor harmful
actions.
(2)
The Development Authority may require an environmental impact assessment
from the applicant to identify environmentally sensitive lands and assist in
evaluating an application for lands referred to in subsection (1).
(3)
The Development Authority may restrict or regulate public access to
environmentally sensitive lands in order to ensure public safety and to prevent
environmental degradation.
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54.
ENVIRONMENTAL SITE ASSESSMENT
(1)
An environmental site assessment may be required by the Development
Authority:
(a)
with respect to a Development Permit application, whether for a permitted
or a discretionary use; or
(b)
with respect to an application to amend this Bylaw or adopt an Area
Structure Plan, Area Redevelopment Plan or Conceptual Scheme.
to ensure that no development on a lot that contains contaminated soils or a lot
adjacent to a lot that contains contaminated soils takes place until the
contamination has been remediated as set forth in a remedial action plan.
55.
(2)
An environmental site assessment shall be conducted by an individual or firm
who, in the opinion of the Development Authority, is qualified to undertake the
environmental site assessment.
(3)
An environmental site assessment may be referred to Alberta Environment for
review and comment.
(4)
After considering an environmental site assessment and if the application is for a
Development Permit, regardless of whether the proposed land use is a permitted
or discretionary use, the Development Authority, may:
(a)
approve the application if it is of the opinion that the proposed land use
will not have a significant negative impact on the environment, having
regard to mitigative measures that are identified;
(b)
approve the application and impose such conditions as it deems
advisable to reduce or prevent any negative impact on the environment;
or
(c)
refuse the application if it is of the opinion that the proposed land use will
have a significant negative impact on the environment, having regard to
mitigative measures that are identified.
EXPLOSIVE HAZARDS
(1)
The location of anhydrous ammonia or liquefied petroleum gas storage tanks
shall be in accordance with the Safety Codes Act and any other applicable
regulation.
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Bylaw No. 1698/2011
56.
(2)
Flammable liquid storage tanks and compressed gas cylinders shall be located in
accordance with regulations under the Safety Codes Act and any other
applicable regulation.
(3)
Magazines for the storage of explosives shall, in addition to any other
regulations, be subject to the Federal Government Explosives Act as amended.
FENCING
(1)
In cases where a fence is constructed on a retaining wall, height is calculated as
the average combined height measured from grade on both sides of the fence
and retaining wall.
(2)
A gate to prevent or limit access to a private condominium roadway is prohibited.
(3)
Electric fences are prohibited in all Land Use Districts.
(4)
Fences containing barbed wire are not permitted in any Residential district or
Public Service district, unless approved by the Development Authority.
(5)
Barbed wire fences must be located only in the rear or side yard and located
above a height of 1.8 m.
(6)
Residential, Horticultural, Commercial and Public Service Districts
(a)
(b)
(7)
Interior Lots
(i)
in front yards: 0.9 m
(ii)
in side and rear yards: 1.8 m
Corner Lots
(i)
within the corner visibility triangle as defined in Section 46: 0.9 m
(ii)
in front yards: 0.9 m
(iii)
in side and rear yards: 1.8 m
Industrial Districts
(a)
Interior Lots
(i)
in front yards not utilized for outdoor storage: 1.2 m
(ii)
in front yards utilized for outdoor storage: 1.8 m
(iii)
in side and rear yards: 2.4 m, or as approved by the Development
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Bylaw No. 1698/2011
Authority.
(b)
57.
Corner Lots
(i)
within the corner visibility triangle as defined in Section 46: 0.9 m
(ii)
in front yards not utilized for outdoor storage: 1.2 m
(iii)
in front yards utilized for outdoor storage: 1.8 m
(iv)
in side and rear yards: 2.4 m, or as approved by the Development
Authority.
FLOOD HAZARDS
(1)
The purpose and intent of this Section is to discourage new development on
flood prone lands and achieve the long term goal of maintaining and possibly
decreasing the overall density of development on lands within the flood hazard
area. A distinction is made between the floodway where waters are deep, fast
moving and more destructive and the flood fringe where water is shallow and
moves slowly.
64
Bylaw No. 1698/2011
(2)
(3)
General Regulations
(a)
Development shall be discouraged on land within the flood hazard area
as determined by Alberta Environment.
(b)
No grading, placing or removal of fill of any kind, whether originating on
the lot or elsewhere, shall be permitted in the flood hazard area unless a
Development Permit is approved by the Development Authority.
(c)
The Development Authority may refer to Alberta Environment, for
comment, any Development Permit application for development within the
flood hazard area.
(d)
Storage of chemicals, explosives, flammable liquids, toxic or waste
materials shall not be allowed within the flood hazard area.
Floodway Regulations
(a)
In an established floodway, only the uses listed below may be allowed:
(i)
existing uses, buildings, and structures;
(ii)
existing parks;
(iii)
natural areas;
(iv)
parking areas;
(v)
existing outdoor recreational facilities;
(vi)
essential utilities; and
(vii)
roads and pathways.
(b)
Notwithstanding subsection (3)(a), fencing, roads, pathways, or other
similar structures and hedging and other similar landscape elements shall
not be permitted in the floodway unless the Development Authority in
consultation with Alberta Environment or other provincial authorities is
satisfied that such developments will not adversely affect the hydraulic
efficiency or capacity of the floodway, or adversely affect the existing
drainage course.
(c)
Notwithstanding subsection (3)(a), subdivision and development of new
permanent structures shall not be permitted within the floodway.
(d)
Replacement of existing buildings and structures in the same locations,
may be allowed provided that the flood hazard can be overcome by
mitigative measures acceptable to the Development Authority in
consultation with Alberta Environment or other provincial authorities.
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Bylaw No. 1698/2011
(e)
(4)
58.
Structures intended for flood or erosion control may be developed in the
floodway at the discretion of the Development Authority in consultation
with Alberta Environment or other provincial authorities.
Flood Fringe Regulations
(a)
At the discretion of the Development Authority, development may be
allowed on land within the flood fringe area if sufficient fill can be provided
to raise the building or development site above the design flood level or
other suitable flood proofing techniques can be employed. The Town
may require professional certification to ensure this requirement.
(b)
All development, including redevelopment, major alterations, and
additions, shall be adequately floodproofed to the design flood level plus
a minimum of 0.5 m freeboard.
(c)
The main floor and all electrical and mechanical equipment in new
buildings within the flood fringe shall be located to the design flood level
plus a minimum of 0.5 m freeboard.
(d)
Basements are discouraged in new buildings, unless they are
floodproofed to the satisfaction of the Development Authority.
(e)
Buildings shall be designed so as to prevent structural damage by
floodwaters.
(f)
Roads shall not increase the obstruction to flood waters or have a
detrimental effect on the hydrologic and hydraulic systems.
GARBAGE ENCLOSURES
(1)
Garbage and waste material shall be stored in weatherproof and animal-proof
containers.
(2)
Garbage and waste material bins must be located and accessible for easy pickup
in accordance with the Town’s Garbage Rates and Collection Bylaw.
(3)
Garbage shall be kept in a suitably sized enclosure for each use within each
Land Use District as determined by the Development Authority.
(4)
Garbage collection areas and enclosures for multi-family, commercial, public
service, horticultural and industrial uses shall be approved by the Development
Authority as part of the Development Permitting process.
(5)
All outside garbage containers and garbage areas for multi-family, commercial,
public service, horticultural and industrial uses shall be visually screened from
adjacent lots and public thoroughfares, using building materials and vegetation to
the satisfaction of the Development Authority. Materials should provide year
round screening.
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Bylaw No. 1698/2011
(6)
59.
HEALTH, SAFETY AND NUISANCE FACTORS
(1)
60.
In the case of laneless lots, large garbage enclosures shall be properly screened
to the satisfaction of the Development Authority.
Unless otherwise provided in a district, the following health, safety and nuisance
factors shall be given due consideration in determining any health and safety
hazards related to any development:
(a)
No use shall cause or create excessive air contaminants, visible and
particulate emissions, odours, water contaminants or noise as determined
by legislation.
(b)
No use shall create or store refuse or operate a use in a manner that
attracts pests in contravention of legislation.
HOME OCCUPATIONS
(1)
Purpose
(a)
(2)
Activities or Operations Prohibited
(a)
(3)
The purpose of these regulations is to regulate and control and prohibit
home occupations in order to protect and enhance residential
environment in the Town.
Activities or operations such as Automotive Paint and Body Shop or
Automotive Repair and Service Shop shall not qualify for home
occupation Development Permits.
Legal Basis for Home Occupations
(a)
The establishment of a home occupation in a residential unit shall not be
considered as the principal use of the property and shall not be the
occupant's right but a privilege which may be granted at the discretion of
the Development Authority having due regard to compatibility of the
proposal within the residential use of the dwelling unit itself, the adjacent
properties and the area.
(b)
The Development Authority may at any time revoke a Development
Permit issued for a home occupation, if, in its opinion, the operation has
resulted in a conflict with the residential use of the property, the adjacent
properties and/or the area or is not in conformity with the uses or
conditions specified in the Development Permit.
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Bylaw No. 1698/2011
(4)
Development Standards for Home Occupations
(a)
A home occupation Development Permit shall only be valid for the
address identified at the time of approval.
(b)
No home occupation which is likely to cause problems such as parking,
traffic, noise vibration, smoke, odour, heat and glare which may detract
from the amenities of the neighbourhood shall be permitted in residential
areas.
(c)
No physical changes to the external appearance of the residential
property shall be allowed as a result of the establishment of a home
occupation.
(d)
Only one (1) commercial vehicle of a maximum of one (1) ton capacity
related to a home occupation shall be allowed.
(e)
One (1) on-site parking space to be used exclusively for the home
occupation shall be provided. Where customers, business-related visitors,
staff or other people may attend at the premises, a sufficient number of
off-street parking stalls shall be provided for those customers, visitors,
staff and other people. The number, design and location of the off-street
parking stalls shall be as determined by the Development Authority.
(f)
A vehicle to be parked and maintained on the property in connection with
a home occupation shall not detract from the residential character of the
area. The vehicle may be required to be parked in a particular location on
the lot if in the opinion of the Development Authority the vehicle is not
complimentary to the residential character of the area.
(g)
The total number of non-resident employees employed in the building, not
permanently resident in the building for which a home occupation permit
has been granted, shall not be more than one (1).
(h)
No advertising sign regarding a home occupation shall be allowed on the
site.
(i)
In connection with a home occupation, the Development Authority, may
allow goods, equipment or materials which are not a fire or health hazard
to be stored on the site provided the storage of such is contained entirely
within the dwelling unit or garage, provided it does not prevent the
continuing use of the garage for its primary intended purpose of parking
vehicles.
(j)
No building or structure shall be constructed solely for the purpose of
storing goods required for an activity or operation for which a home
occupation permit has been approved.
(k)
The use or handling of materials or equipment related to a home
occupation shall not occur at hours of the day which are likely to disturb
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neighbouring residents. Such hours shall not extend outside the period
from 7:00 a.m. to 9:00 p.m. on any day.
(5)
61.
(l)
There shall be a maximum of two (2) customers, including any businessrelated visitors, at the premises at any one time.
(m)
The home occupation should not generate significantly greater traffic
volume than would normally be expected in the particular residential area
in which the home occupation is conducted.
(n)
The Development Authority may impose any other conditions or
restrictions on a Development Permit for a home occupation.
Administration and Enforcement
(a)
A person desiring to carry on a home occupation shall obtain a
Development Permit by applying to the Development Authority on a
prescribed application form.
(b)
In dealing with a home occupation application the Development Authority
may request and obtain any additional information pertaining to the
proposal.
(c)
In addition to a Development Permit, a home occupation application is
also required to conform with all municipal, provincial and federal
regulations or legislation. Failure to do so may result in the revocation of
the permit.
(d)
The Development Permit for a home occupation issued under the
provisions of this Bylaw shall only be valid for the period of time the
dwelling is occupied by the applicant and as long as the operation is
conducted in conformity with the provisions of the Bylaw.
(e)
The Development Authority will require proof of consent from the building
manager or landowner for those home occupations proposed to be
operated in multi-unit building and/or rental dwellings.
IDP URBAN REFERRAL REQUIREMENTS
(1)
Any application for a discretionary use within 800.0 m of another municipality is
required to be circulated to that municipality for comment prior to a decision by
the Development Authority for consideration.
(2)
A copy of a development application will be forward by fax to the Planning
Department in the adjacent municipality who shall have five (5) working days
from and including the date of submission to provide comment to the
Development Authority,
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Bylaw No. 1698/2011
(3)
62.
Upon receipt of comments, the Development Authority shall make a decision on
the application in the same manner as a normal application to be considered in
the respective Land Use District.
LANDSCAPING
(1)
Landscaping plans are required for all Development Permit applications within:
(a)
Commercial Districts, excluding the C-2 Downtown Commercial District;
(b)
Public Service Districts;
(c)
R-3 Medium Density Residential Districts; and
(d)
RT Residential Transition District, excluding applications for single
detached, semi-detached and duplex dwellings.
(2)
Landscaping of a site shall be to the satisfaction of the Development Authority.
The majority of the landscaping shall be concentrated in the front yard of a site
and on the flankage on corner sites.
(3)
A minimum of 10% of a site shall be landscaped unless otherwise required by the
Development Authority.
(4)
Notwithstanding subsection (3), no landscaping is required on sites containing a
greenhouse.
(5)
The use of hard landscaping (gravel, stones, concrete, shale, asphalt, etc.) shall
not comprise more than 40% of the required landscaped area.
(6)
In addition to all other landscaping requirements, all town boulevards adjoining a
site shall be developed at the applicant’s expense to the satisfaction of the
Development Authority and the Town of Redcliff Land Development Policy.
(7)
Plant materials should be chosen which grow well in the Town of Redcliff's
climate and the given soil conditions without requiring excessive irrigation.
(8)
The quality and extent of the landscaping established on a site shall be the
minimum standard to be maintained on the site for the life of the development.
Any trees or shrubs which die, that were planted under the approved
Development Permit, must be replaced the next planting season on a continuing
basis.
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Bylaw No. 1698/2011
63.
(9)
Wherever possible existing healthy mature trees and shrubs shall be retained
and maintained.
(10)
Landscaping shall be completed within twelve (12) months of occupancy,
weather permitting unless otherwise specified on a Development Permit.
(11)
All landscaped areas shall not obstruct access to utilities (e.g. fire hydrants,
water valves, etc.). Trees and shrubs may not be placed within a utility right-ofway.
LIGHTING
(1)
64.
Where artificial outdoor lighting is used to illuminate any site or building, the type,
location, orientation and shielding of light shall not:
(a)
illuminate adjacent developments,
(b)
adversely affect the use, enjoyment and privacy of any dwelling and its
amenity spaces in the area,
(c)
interfere with traffic safety on public roadways.
(2)
Pedestrian scale lighting is encouraged. Lighting for signage, parking areas and
pedestrian areas should be carefully placed and oriented to shine away from
adjacent properties.
(3)
Where artificial outdoor lighting is used for the illumination of a sign related to a
particular development, the design and location of such lighting shall be included
in the Development Permit application for the sign.
(4)
All exterior lighting fixtures, whether attached to the building face or on
freestanding light standards, shall be architecturally integrated with the building
style, material and colours of the surrounding buildings.
(5)
No flickering and flashing lights shall be permitted.
NOISE ATTENUATION
(1)
Whenever possible, the buildings, landscaping and fences should be designed to
assist sound attenuation to protect residential areas adjacent to it.
(2)
Where residential development is proposed adjacent to an arterial road or
highway, the Development Authority may request an applicant provide a noise
attenuation study satisfactory to the Town’s Engineer.
(3)
Following consideration of the noise attenuation study, the Development
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Bylaw No. 1698/2011
Authority may impose a condition on the Development Permit requiring the
applicant to:
65.
(a)
construct a noise barrier satisfactory to the Town Engineer, or
(b)
pay to the Town a sum of money equal to the present estimated cost of
constructing a noise barrier as determined by the Town Engineer.
NON-CONFORMING USES AND BUILDINGS
(1)
Any Development Permit that has been issued before the final adoption of this
Bylaw continues in effect notwithstanding the enactment of the Bylaw, even
though the enactment of this Bylaw would make the development a nonconforming use or a non-conforming building.
(2)
A non-conforming use of land or non-conforming use of a building may be
continued but if that use is discontinued for a period of six (6) consecutive
months or more, any future use of the land or buildings shall conform with the
provisions of this Bylaw.
(3)
A non-conforming use of part of a lot shall not be extended or transferred in
whole or in part to any other part of the lot and no additional buildings shall be
erected upon the lot while the non-conforming use continues.
(4)
A non-conforming use of part of a building may be extended throughout the
building, but the building, whether or not it is a non-conforming building, shall not
be enlarged or added to and no structural alterations shall be made thereto or
therein.
(5)
A non-conforming building may continue to be used but the building shall not be
enlarged, added to, rebuilt or structurally altered except:
(a)
as may be necessary to make it a conforming building, or
(b)
as the Development Authority considers necessary for the routine
maintenance of the building, or
(c)
if, at the discretion of the Development Authority, the proposed
development would not:
(i)
unduly interfere with the amenities of the neighbourhood, or
(ii)
materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land, and
(iii)
the proposed development conforms with the use prescribed for
that land or building in this Bylaw.
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Bylaw No. 1698/2011
66.
(6)
If a non-conforming building is damaged or destroyed to the extent of more than
75 percent of the value of the building above its foundation, the building shall not
be repaired or rebuilt except in accordance with the provisions of this Bylaw.
(7)
The status of a non-conforming use of land or the non-conforming use of a
building is not affected by reason only of a change of ownership, tenancy or
occupancy of the land or building.
OBJECTS AND VEHICLES PROHIBITED IN RESIDENTIAL DISTRICTS
(1)
67.
No person shall keep or permit in any part of a yard in any residential district:
(a)
any dismantled, dilapidated or wrecked vehicle for more than fourteen
(14) successive days;
(b)
no more than two (2) unlicensed vehicles and they shall not be located
within the front yard;
(c)
a recreational vehicle stored or placed with any chattel, landings, skirting,
decks or other such object that is unsightly or tends to affect adversely
the amenities of the District;
(d)
a commercial vehicle or school bus with a gross vehicle weight (GVW)
rating in excess of 4,500 kg for longer than is reasonably necessary to
load or unload the vehicle;
(e)
an industrial or construction vehicle with a gross vehicle weight (GVW)
rating in excess of 4,500 kg except when such a vehicle is required
pursuant to a development or building permit for that site.
(f)
any object or chattel that in the opinion of the Development Authority is
unsightly or tends to affect adversely the amenities of the District;
(g)
any excavation, storage or piling up of material 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 work.
OUTDOOR STORAGE
(1)
Outdoor storage of raw materials, finished or partially finished products, fuel
tanks, salvage material or waste material on a site shall be effectively screened
from view by buildings, solid fences, privacy walls, trees, landscaped features, or
combinations thereof as required by the Development Authority. Materials used
shall provide year-round screening.
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Bylaw No. 1698/2011
68.
(2)
This Section shall not limit the customary display of any commodities or goods
intended and permitted to be sold on the lot, or the storage of fuel, oil or gas
tanks.
(3)
Any storage of materials as cited in this Section shall not be permitted in the
required front yard of any property unless and until approved by the Development
Authority.
(4)
If an outdoor display of vehicles, recreation vehicles, farm or construction
machinery or equipment or other machinery, goods, merchandise or equipment
is permitted as an accessory use the applicant shall:
(a)
construct the area in such a manner as is consistent with other
developments in the vicinity while permitting the machinery or equipment
to be displayed.
(b)
provide such additional access, parking, screening and lighting as may be
necessary to accommodate the outdoor display.
(5)
Accumulation of vehicle parts or materials shall not be allowed, unless authorized
by a valid Development Permit.
(6)
For any outdoor storage areas that abut a Residential District with or without an
intervening road or lane, screening to a minimum height of 1.8 m shall be
provided by fences, privacy walls, landscaping, or combinations thereof.
Materials used shall provide year-round screening.
PARKING AND LOADING REQUIREMENTS
(1)
Calculations
(a)
(b)
The Development Authority shall require all proponents of development to
provide off-street parking and loading facilities in accordance with the
location and scale of development proposed in accordance with the
following tables and unless otherwise stated, shall:
(i)
be calculated on the basis of gross floor area less any interior
halls, mechanical rooms, stairways and elevators providing for the
through movement of pedestrians;
(ii)
be calculated on the next higher number where the calculation of
the required number of parking stalls or loading spaces results in
a fraction number of parking spaces (e.g. if 2.1 parking stalls are
calculated, 3 parking stalls are required); and
(iii)
be calculated based upon fire occupancy ratings where the term
"seats" is used.
Parking requirements for uses not specifically identified shall be
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Bylaw No. 1698/2011
determined by the Development Authority having regard to similar uses
for which specific parking requirements are set.
(c)
For multiple use sites, parking requirements shall be based on the
combined parking required for each individual use.
(d)
When a building is enlarged, altered, or a change in the use occurs,
provision shall be made for the additional parking spaces required under
the parking provisions of this Bylaw. Any parking spaces that may have
been removed due to the enlargement or alteration shall be replaced.
(e)
Where employee parking is required, parking shall be factored on the
basis of maximum persons employed at any one time.
Use
Adult Entertainment Facility
Amusement Facility
Billiard Parlour
Bingo Hall
Bowling Alley
Apartment Building
Art and Craft Studio
Assisted Living
Auction Establishment
Automotive Paint and Body Shop
Automotive Repair and Service Shop
Automotive Sales and Rental
Bed and Breakfast
Parking Requirement
1 space/10 seats
1 space/ 10 m2
1 space/10 m2
1 space/5m2
4 spaces/alley
1.5 spaces/unit
1 space/45 m2
0.5 spaces/unit
1 space/65 m2
1 space/45 m2
1 space/45 m2
1 space/100 m2
2 spaces/dwelling unit and 1 space/guest
unit
1 space/50 m2
1 space/45 m2
1 space/pad plus 1 space/10 pads for
visitor parking
3 spaces/bay
As required by the Development Authority
1 space/employee plus 1 space per 5
children
1 space/5 m2 plus 5 spaces for employee
parking
1 space/30 m2
1 space/100 m2
1 space/40 m2
1 space/10 seats
6 spaces/ice sheet
Building Supplies
Bulk Fuel Station
Campground
Car Wash
Cemetery
Child Care Facility
Club
Commercial School
Concrete Manufacturing/Plant
Convenience Store
Cultural Facility
Curling Rink
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Bylaw No. 1698/2011
Day Home
Drinking Establishment
Drive-in Business
1 space/employee
1 space/5 seats
Automotive shops with pump lane
or service bays
Eating Establishments
Use requirement plus 2 spaces for
queuing
Use requirement plus 5 spaces per order
board or window for queuing
All other
As required by the Development Authority
2 spaces/unit
1 space/5 m2 plus 5 spaces for employee
parking
Duplex
Eating Establishments
Educational Institutions
Elementary School
Junior High
High School
Entertainment Establishment
Equipment Sales, Rental, Service
Farm Supplies and Service
Farmers’/Flea Market
Financial Institution
Fitness Centre
Fourplex
Funeral Facility
1 space/classroom
1 space/classroom
3 spaces/classroom
1 space/10 seats
1 space/50 m2
1 space/65 m2
As required by the Development Authority
1 space/40 m2
1 space/20 m2
2 spaces/unit
1 space/5 seats plus 1 space/funeral
vehicle
1 space/unit
1 space/40 m2
6 spaces/tee
1 space /1400 m2 or as required by the
Development Authority
1 space/unit plus 0.5 spaces per
supervisor
1 space plus as required by the
Development Authority as per Section 60
1 space/bed
1 space/unit
1 space/30 m2
1 space/20 m2
1 space/25 m2
1 space/30 m2
Garden Suite
Gas Bar
Golf Course
Greenhouse
Group Care Facility
Home Occupation
Hospital
Hotel
Household Service
Indoor Recreation Facility
Kennel
Liquor Store
Manufactured Home
2 space/unit
1 space/100 m2
Manufactured Homes Sales and Service
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Bylaw No. 1698/2011
Manufacturing, Heavy
Manufacturing, Light
Medical and Health Office
Mobile Home
Modular Home
Motel
Nursing Home
Office
Oil and Gas Well Service Industries
Outdoor Recreation Facility
Parks and Playgrounds
Personal Service
Pet Care Service
Public Building or Quasi-Public Building
Publishing, Printing, Recording &
Broadcasting Establishment
Recreational Vehicle Sales and Rental
Recycling Facility
Religious Assembly
Retail Store
Salvage, Wrecking or Disassembly
Operations
Secondary Suite
Semi-Detached Dwelling
Senior Citizen Housing
Service Station
Shopping Centre
Single Detached Dwelling
Storage Yard-Mini Storage
Taxi Service
Tourist Information Centre
Townhouse
Trade and Contractor Service
Transportation Service
Triplex
Truck Terminal and Storage
Veterinary Clinic – Small Animal
Veterinary Clinic – Large Animal
Warehouse
Warehouse Store
1 space/100 m2
1 space/65 m2
1 space/25 m2
2 spaces/unit
2 spaces/unit
1 space/unit
1 space/5 beds plus 1 space/5 employees
1 space/45 m2
1 space/100 m2
1 space/20 m2
No requirement
1 space/45 m2
1 space/30 m2
1 space/30 m2
1 space/45 m2
1 space/30 m2
1 space/40 m2
1 space/5 seats
1 space/30 m2
1 space/65 m2
1 space/unit
2 spaces/unit
1 space/4 units
1 space/45 m2
1 space/25 m2
2 spaces/unit
1 space/200m2
1 space/6 m2
As required by the Development Authority
1.5 spaces/unit
1 space/45 m2
1 space/100 m2
2 spaces/unit
1 space/100 m2
1 space/35 m2
1 space/35 m2
1 space/65 m2
1 space/30m2
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Bylaw No. 1698/2011
(2)
(3)
General
(a)
All off-street parking spaces, loading spaces, manoeuvring aisles and
driveways shall be surfaced within twelve (12) months from completion of
the development and thereafter maintained to the satisfaction of the
Development Authority. The Development Authority may require that
parking areas or portions thereof be hard surfaced when an adjoining
street is hard surfaced.
(b)
Adequate curbs or concrete bumpers or fences, shall be provided to the
satisfaction of the Development Authority.
(c)
At least 10% of the required number of parking spaces to a maximum of
ten (10) and a minimum of one (1) is required for handicap parking
spaces per site.
(d)
Handicapped parking spaces shall be located closest to the entrance of
the building for which they are intended.
(e)
Each small-car, handicapped and loading space shall be identified by a
sign and, if the surface is paved, by pavement markings, to the
satisfaction of the Development Authority.
(f)
Storage of trailers, boats, recreation vehicles and similar property shall
not extend over public road right-of-way, including sidewalks.
(g)
The development of new parking lots, or the expansion of existing parking
lots, requires a Development Permit unless included in a Development
Permit for an associated development.
Location of Parking Spaces
(a)
(4)
A Parking Space required by this Bylaw shall be located:
(i)
on the same parcel as the use or building for which it is required,
or
(ii)
meet the requirements of Section 68(5) for shared parking.
Payment-In-Lieu of Providing Off-Street Parking
(a)
In lieu of providing off-street parking, an owner of land to be developed
may, subject to the approval of Council, pay to the municipality such
amount of money on such terms as the Council considers reasonable in
return for the equivalent public parking space to be provided by the
municipality.
(b)
Should the Development Authority deem it advisable, it may accept
payment in lieu for a deficiency in on-site parking spaces, up to a
maximum of 50% of the required number.
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Bylaw No. 1698/2011
(5)
Shared Parking
(a)
(6)
When a request for a waiver of the required number of parking spaces is
based upon the proposed sharing of parking spaces between two or more
uses, the Development Authority may consider the following criteria:
(i)
the uses which are proposed to share parking spaces are located
in proximity to each other and no more than 100.0 m from the site
of the parking spaces,
(ii)
the hours of operation and parking demand the uses which are
proposed to share parking spaces are sufficiently different so as to
not require use of the parking spaces at the same time, and
(iii)
the uses which are proposed to share parking spaces are
expected to remain in place and the sharing of parking spaces is
expected to continue.
(b)
A waiver of the required number of parking spaces which is granted by
the Development Authority is not necessarily transferable to another use
of the same parcel.
(c)
The Development Authority may require that a restrictive covenant be
registered against the parcel on which the shared parking spaces are
located. The covenant shall stipulate the subject parcel(s), the number of
parking spaces available, the length of the period of time for which the
parking facility is to be maintained and that the required parking facility
shall be maintained exclusively for the use or building for which it is
required.
(d)
The restrictive covenant subsection (5)(c) shall only be discharged if the
use for which the parking space is required is discontinued for a period of
six (6) months or more, or if the required number of parking spaces is
provided on another parcel in compliance with this Bylaw, or if cash-inlieu of parking is paid.
(e)
Signage at both the development location and the alternate parking
location to direct traffic shall be required.
Design of Parking Areas
(a)
A parking/loading space required by this Bylaw shall be designed so that
it:
(i)
is reasonably accessible to the vehicles for which it is intended,
(ii)
provides safe and efficient vehicle circulation,
(iii)
has an aesthetically pleasing appearance from public roads,
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Bylaw No. 1698/2011
(iv)
permits adequate drainage, snow removal, and maintenance, and
(v)
is satisfactory to the Development Authority in size, shape,
location and construction.
(b)
Small-car parking spaces, conforming with the size requirements
described in subsection (7), below, may comprise 20% of the required
number of parking spaces for all uses.
(c)
Unless approved by the Development Authority, parking spaces for an
apartment building or multi-dwelling developments should not be located
in the front yard.
(d)
The Development Authority may require that the parking spaces for any
use, other than for a dwelling with four (4) or fewer dwelling units, be
provided in a parking lot which has limited access to a street.
(e)
Parking spaces shall not be provided within a required yard or
landscaped area.
(f)
Where an off-street parking lot includes forty (40) or more at grade
parking spaces, the parking spaces shall be arranged within smaller cells
and defined by landscaping.
(g)
All parking lots associated with multifamily, commercial, public service,
horticultural, industrial and institutional land uses should include
provisions for adequate bicycle parking.
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Bylaw No. 1698/2011
Parking Space and Manoeuvering Aisle Dimensions
(h)
Parking space dimensions for the purposes of this Bylaw shall be
considered as follows:
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Bylaw No. 1698/2011
Width (m)
Length
(m)
Overhead
Clearance
(m)
2.7
7.3
2.0
2.7
6.1
2.0
2.4
6.4
2.0
2.4
4.9
2.0
(v)
parallel parking spaces or spaces with
direct access onto a lane
4.0
7.3
3.0
(vi)
4.0
7.0
3.0
Type of Parking Space
STANDARD SIZE
(i)
parallel parking spaces or spaces with
direct access onto a lane
(ii)
all other locations (parking lots)
SMALL-CAR SIZE
(iii)
parallel parking spaces or spaces with
direct access onto a lane
(iv)
all other locations (parking lots)
BARRIER FREE SIZE
all other locations (parking lots)
For all spaces adjacent to a wall,
column or door, the minimum width
shall be increased by 3.0 m
ALL SPACES
(i)
Manoeuvring aisle and driveway width:
specified in subsection (ii) or (iii):
Parking space angle
90
60
45 or less
Parallel
Aisle width (m)
7.0
5.5
3.6
3.6
82
unless a greater width is
Bylaw No. 1698/2011
(7)
Manoeuvring aisles and driveways serving as fire lanes shall be at
least 6.0 m wide.
(ii)
Manoeuvring aisles and driveways serving two-way truck
movements shall be at least 9.0 m wide; manoeuvring aisles and
driveways serving all other two-way traffic movements shall be at
least 7.0 m wide.
(iii)
Unless a greater width is specified in subsection (7)(b) above,
one-way manoeuvring aisles and driveways shall be at least 3.6 m
wide.
Loading Area Requirements
(a)
One (1) loading space per loading door shall be provided for all
developments with a loading door unless otherwise required by the
Development Authority.
(b)
A loading space shall be designed and located such that no backing and
turning movements of vehicles cause interference with convenient and
safe pedestrian movement, traffic flow, or parking on the adjoining or
abutting streets or lanes.
(c)
The Development Authority may require additional loading areas or doors
if necessary.
(d)
Unless a larger dimension is required by the Development Authority,
having regard to the type of vehicles loading and unloading without
projecting into a public roadway, minimum loading space dimensions
shall be:
(e)
69.
(i)
(i)
width: 3.7 m
(ii)
length: 9.0 m
(iii)
overhead clearance: 4.3 m
The space shall be hard surfaced if the access is from a street or lane
which is hard surfaced.
PRIVATE SWIMMING POOLS AND HOT TUBS
(1)
The Development Authority, in considering an application for a private swimming
pool, hot tub or other water feature located within 30.0 m of an escarpment may
require the applicant submit a Slope Stability Geotechnical Study.
(2)
An outdoor swimming pool and hot tub shall:
(a)
be located in a side or rear yard only.
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Bylaw No. 1698/2011
70.
(b)
be set back a minimum of 1.5 m from property lines.
(c)
be secured against entry to meet the requirements of the Alberta Building
Code.
(3)
All private swimming pools shall be connected to the Town’s water and sanitary
sewer system in accordance with provincial requirements. The applicant shall
ensure that the adjacent properties are not subjected to any water problems
resulting from the malfunctioning of the pool.
(4)
A lighting system installed in conjunction with a swimming pool shall be arranged
in such a manner that it does not interfere with the amenities of the adjacent
properties.
PROJECTION INTO MINIMUM SETBACKS
(1)
Those parts of a building which may project over a yard defined by the minimum
setback required by this Bylaw are as follows:
(a)
(b)
Front Yards
(i)
Eaves, cantilevers, bay or bow windows, porches, verandas,
balconies, cantilevers, shade projections, chimneys or unenclosed
decks, may project a maximum of 0.6 m over or onto a required
front yard unless otherwise approved by the Development
Authority.
(ii)
Unenclosed steps may project a maximum of 1.8 m over or onto a
required front yard.
Side Yards
(i)
Eaves, shade projections and chimneys, may project a distance
not exceeding one half of the minimum side yard requirement for
the lot and the maximum length of the projections shall be 40% of
the building wall, excluding an attached garage wall.
(ii)
Unenclosed steps and landings at grade (0.3 m) to a side
entrance may project onto the entire required side yard.
Unenclosed steps and landings above 0.3 m may project a
distance not exceeding one half of the minimum side yard
requirement for the lot.
(iii)
Residential buildings with a side entrance requiring a side yard
relaxation and/or having projections as described in subsection
(1)(b)(ii) above shall maintain one side yard with no relaxation or
projection except for eaves.
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Bylaw No. 1698/2011
(c)
(iv)
Cantilevers and balconies may project into a sideyard but must
maintain a minimum 1.2 m separation from property lines.
(v)
A projection into the side yard shall not cause an obstruction for
emergency access to the rear yard.
Rear Yards
(i)
Eaves, cantilevers, balconies, bay or bow windows, porches,
decks, patios, balconies, cantilevers, shade projections, chimneys,
unenclosed decks and steps may project a maximum of 1.2 m
over or onto a required rear yard.
(ii)
Uncovered patios and decks, the surface of which is less than 0.3
m above grade: unlimited
(2)
Notwithstanding any setback provision of this Bylaw, no buildings or structures
including projections such as eaves, stairs, decks, porches, cantilevers and other
similar projections shall encroach onto, under or over a utility right-of-way or
within the required side yard setback to provide access to the rear yard on a
laneless lot.
(3)
The minimum distances required for yards do not apply to:
(a)
Exterior finishing materials applied to principal buildings provided the
material does not encroach more than 0.1 m into any yard.
(b)
Private utilities wholly beneath the surface of the ground.
(c)
Retaining walls, landscaping, regulation-height fences and garbage
enclosures.
(d)
Wheelchair ramps.
(e)
Window wells.
However, these structures and improvements shall remain entirely within the lot
on which they are located.
(4)
Central air conditioners may not be located in a required side yard setback
unless:
(a)
In the case of a corner site it is located on the flankage and it projects a
maximum of 1.0 m.
(b)
In all other cases 1.0 m if the Development Authority is satisfied that there
is little risk of noise impacts to adjacent properties, having regard to the
location of any openings on the adjacent property and use of the building.
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Bylaw No. 1698/2011
71.
72.
RADIO AND TELEVISION ANTENNAS
(1)
Parabolic antennas over 6.0 m, spherical or a similar television antenna greater
than 1.0 m in diameter and tower type or a similar radio antenna shall require a
Development Permit and shall be subject to the appropriate standards as
determined by the Development Authority.
(2)
For purposes of this Bylaw, the installation or erection of an antenna referred to
in subsection (1) shall be deemed to be a discretionary use – Development
Officer.
(3)
Except for broadcasting facilities, the location of freestanding satellite dishes,
radio antennas and television antennas shall be allowed in the rear yard only. A
structure may be located in the front or side yard only when signal reception is
not possible in the rear yard.
(4)
The maximum height above grade to the highest point of the satellite dish or the
tower supporting the antenna shall not exceed 30.0 m or as otherwise
determined by the Development Authority. Where located on buildings, the
maximum height of the satellite dish or tower above the surface of the roof shall
not exceed 3.0 m.
(5)
No advertising shall be allowed on an antenna.
(6)
The illumination of an antenna structure is prohibited other than for safety
purposes.
RECREATIONAL VEHICLES
(1)
(2)
Off-street storage of recreational vehicles:
(a)
The total number of recreational vehicles allowed to be stored on a
residential property at the same time shall be limited to three (3).
(b)
A recreational vehicle stored in a garage shall not be included in the total
number of recreational vehicles allowed to be stored on a residential
property.
(c)
A recreational vehicle stored in a carport or portable garage and shelter
shall be included in the total number of recreational vehicles allowed to be
stored on a residential property.
(d)
A recreational vehicle stored in a front yard must be located 1 m from the
nearest edge of a public roadway or public sidewalk.
(e)
Off-street storage of a recreational vehicle must be in accordance with
Section 46, Corner Visibility Triangle, of this Bylaw.
Temporary Use of a Recreational Vehicle as a Dwelling Unit
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Bylaw No. 1698/2011
(a)
(3)
73.
An owner or operator of a recreational vehicle may temporarily use one
(1) stored recreational vehicle as a dwelling unit provided that:
i)
the temporary use of the recreational vehicle meets the
requirements of this Bylaw;
(ii)
the recreational vehicle utilized for temporary use must be located
on private property for the duration of the use.
(iii)
the temporary use of the recreational vehicle is for the purpose of
guest accommodation or to provide accommodation while
renovations to the principal building are occurring;
(iv)
the temporary use of the recreational vehicle occurs for less than
30 days;
The regulations contained in this Section are in addition to and not in place of the
regulations contained in the Traffic Bylaw.
RELOCATED BUILDINGS
(1)
No person shall relocate any building, make changes in location of a building, or
move a building from a site outside to one within the Town unless and until he
has obtained a permit from the Development Authority.
(2)
A person intending to relocate any building within or into the Town shall make
written application for a permit to do so upon a form to be provided by the
Development Authority involving a description of the building, the purpose for
which it is intended to be used and any other appropriate information.
(3)
An application to obtain a Development Permit to relocate a building shall be
accompanied by:
(a)
photographs showing the elevation of each side of the building to be
moved, the floor plan thereof, an accurate description of the present
location of the building, the registered owner of the site upon which the
building is located and the site to which the building is to be moved.
(b)
specifications of the structure of the building.
(c)
an accurate plot or site plan to which the building is to be moved.
(d)
the existing and proposed use of the building.
(e)
confirmation that building meets all relevant provisions of the Alberta
Building Code and Alberta Fire Code.
(f)
a report from a qualified building inspector regarding the condition of the
building, at the applicant’s expense.
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Bylaw No. 1698/2011
(g)
74.
any other information related to the proposal as required by the
Development Authority.
(4)
The design, external finish and architectural appearance of any relocated
structure shall be similar to complement the existing structures located on the
parcels adjacent to the parcel on which it is to be located.
(5)
All relocated buildings are to be considered a discretionary use – Commission
and shall be subject to all relevant General Provisions and district requirements
and regulations in this Bylaw.
(6)
When the Development Authority approves a Development Permit for a relocated
building, the Development Authority may require the applicant to pay a fee, or
provide a letter of credit or cash deposit in such amount to ensure completion of
the Development Permit conditions.
RENEWABLE ENERGY SYSTEMS
(1)
General Requirements
(a)
All plumbing, reservoirs and pumps and other equipment associated with
solar or geothermal heating and cooling systems shall require plumbing,
electrical and building permits as required and must meet all applicable
provincial plumbing, electrical and building code and any other municipal
requirements.
(b)
Any renewable energy system shall be operated and shielded so as to
prevent any electro-magnetic interference. Any system found in violation
of this Bylaw shall be required to cease operation until such a time as the
problem is resolved.
(c)
Any renewable energy system shall be located and screened, to the
extent possible, by land forms, vegetation, or other means to minimize its
impact on adjacent parcels, public areas and roadways. Subject to the
requirements of any other federal or provincial regulation, towers and
other supporting structures shall be painted a single, neutral, nonreflective, non-glossy colour that, to the extent possible, blends the
system with the existing natural and built environment.
(d)
Brand names or advertising associated with renewable energy systems or
the system’s installation shall not be visible from any public area or
roadway.
(e)
Notwithstanding subsection (4)(a) small wind turbines with a rotor
diameter of less than 1.0 m that use direct current solely for decorative or
yard lighting or used strictly for ornamental purposes are exempt from
requirements in this Section.
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Bylaw No. 1698/2011
(2)
(f)
Upon abandonment or termination of any renewable energy system’s
use, the entire facility and all components associated with the system,
including towers and supporting structures, shall be removed and the site
restored.
(g)
Except as required by Provincial or Federal guidelines, renewable energy
systems shall not be artificially illuminated.
(h)
All electrical wires on sites utilizing renewable energy systems shall be
underground except where the Development Authority specifically
approves overhead installation.
Development Permit Requirements
(a)
All renewable energy systems shall require a Development Permit and
the following information must be submitted with the application, where
applicable:
(i)
the manufacturers specifications indicating:
A.
the renewable energy system’s rated output in kilowatts,
B.
safety features and sound characteristics,
C.
type of material used in construction including tower and
support structures, if applicable,
D.
CSA or ULC approval, if applicable.
(ii)
an accurate site plan showing and labeling the information
including the exact location of the system including setbacks, any
building locations, overhead utility location(s) and contours of the
land and access roads both on the applicant’s property and all
adjacent property;
(iii)
potential for electromagnetic interference;
(iv)
nature and function of over speed controls which are provided;
(v)
specifications on the foundation and/or anchor design, including
location and anchoring of any guy wires;
(vi)
information demonstrating that the system will be used primarily to
reduce on site consumption of electricity, natural gas or propane;
(vii)
an environmental impact
Development Authority;
(viii)
appropriate letter or approval as required in subsection (3); and
89
assessment
if
required
by
the
Bylaw No. 1698/2011
(ix)
(3)
Referrals
(a)
(4)
a visual representation including scale elevations, photographs
and/or digital information.
As a condition of approval on a Development Permit for a renewable
energy system, the applicant shall be responsible for providing the
appropriate reports and/or obtaining the approvals from the following as
required:
(i)
Alberta Energy and Utilities Board;
(ii)
Transport Canada;
(iii)
Navigation Canada;
(iv)
Alberta Community Development; and
(v)
Alberta Environment if the proposal is on crown land or located on
or in close proximity to lands identified as environmentally
sensitive areas.
Wind Energy Systems
(a)
Wind Energy Systems are not permitted in Residential districts.
(b)
Any wind towers, including any attachments and equipment, to be
installed shall not exceed the manufacturers recommended weight and
wind load capacities.
(c)
Wind towers must either be certified to meet ULC standards or be
certified by the manufacturer or a qualified Professional Engineer that it is
capable of withstanding the weight and wind load for the area it is
installed.
(d)
Ground mounted wind towers, prior to installation of the wind turbine shall
not be less than 8.3 m nor greater than 20.0 m in height.
(e)
Roof mounted wind towers prior to installation of the wind turbine shall not
be less than 3.0 m nor greater than 4.6 m above the roof.
(f)
The minimum vertical blade clearance from grade shall be 7.6 m for a
Wind Energy System employing a horizontal axis rotor unless otherwise
required by the Development Authority.
(g)
A Wind Energy System shall be located so that the horizontal distance
measured at grade from the outside of the rotor arc to any property line
other than a road or highway is at least two (2) times the total height of
the Wind Energy System.
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Bylaw No. 1698/2011
(h)
A Wind Energy System shall be located a distance of not less than four
(4) times the total height of the system from a dwelling unit on another
parcel of land.
(i)
Blades may not extend over parking areas, public rights-of-way,
driveways or sidewalks. Blades and tail vane shall be a minimum of 3.0
m from utility lines in all directions.
(j)
The Development Authority may require that a wind tower be protected by
acceptable means including a locked fence and/or anti-climbing device
not less than 1.8 m in height. No ladder or permanent access device is to
be located less that 3.7m from grade.
(k)
No part of a Wind Energy System, including, but not limited to, blades, tail
vane, guy wire anchors and/or foundations, may be closer than 3.0 m to a
property line and must meet the requirements in subsections (4)(g) and
(h).
(l)
A Wind Energy System shall comply with all setbacks related to road
allowance and Municipal roadways. Where, in the opinion of the
Development Authority, these setbacks are not sufficient to reduce the
impact of a WECS from a road or highway, the Development Authority
may increase the required setback.
(m)
The minimum setback related to a Provincial Highway right-of-way shall
be prescribed by the Provincial Ministry of Transportation.
(n)
The Development Authority may increase the required setbacks should
an installation be proposed in proximity to an environmentally significant
area including but not limited to, wetlands and wildlife habitats or wildlife
corridors. Applications for development proposed within these setback
areas must include applicable reports demonstrating the ability to mitigate
negative impacts.
(o)
All Wind Energy Systems shall be equipped with manual and automatic
over speed controls to limit the blade rotation speed to within the design
limits of the system or to control the blades in the case of a system failure
or when the wind speeds are beyond the capacity of the system.
(p)
All Wind Energy Systems shall have lightning arresters properly installed
and grounded.
(q)
Sounds from Wind Energy Systems shall not exceed 60 dBA at average
wind speeds, measured at the closest neighbouring inhabited dwelling
within 2.0 km. This level may be exceeded when wind speeds are above
average.
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Bylaw No. 1698/2011
(r)
(5)
(6)
75.
No Wind Energy System shall be installed until evidence is provided that
the City of Medicine Hat Electric Utility has been informed of the
customer’s intent to install an interconnected customer owned generator.
Off grid systems are exempt from these requirements.
Solar Panels
(a)
Solar panels may be installed on the roof of a building or may be ground
mounted in the side or rear yard.
(b)
If a roof mounted solar panel requires raising the top of the solar panel for
solar alignment, the top of the panel shall not project more than 0.3 m.
Geothermal Energy
(a)
Geothermal installations must be stamped by a qualified Professional
Engineer or have the system and installer certified by the Canadian
GeoExchange Coalition (CGC) or other future governing body having
jurisdiction within the Province of Alberta.
(b)
Geothermal installations must comply with CSA-C448 and subsequent
amendments. Exceptions may be allowed, at the discretion of the
Development Authority, provided documented proof is provided that
shows the exception meets or exceeds the CSA-C448 standard.
(c)
All geothermal systems shall be a Closed Loop system. Open Loop
systems are not allowed.
(d)
Heat transfer fluids used within a geothermal system shall be of the most
environmentally friendly type available at the time of installation such as
propylene glycol. In no case may an ethylene glycol based fluid be used
not shall any flammable or combustible agent such as methanol, ethanol,
natural gas or propane be used.
RESIDENTIAL AND COMMERCIAL MIXED USE PROVISIONS
(1)
Subject to the regulations established in the individual district, a dwelling unit
may be included as part of a commercial building provided that it is not located
below the second storey of a building.
(2)
Separate entrances shall be provided for the commercial and residential uses.
Both entrances shall have direct or indirect (via a common hallway) access to a
public street.
(3)
The dwelling unit shall not be located on the same floor as a non-residential use.
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Bylaw No. 1698/2011
76.
77.
SCREENING
(1)
Visual screening to a minimum height of 1.8 m shall be provided by a fence or a
combination of fence and landscaping materials, either of which must provide
year-round screening, where a commercial or an industrial site abuts a
Residential District.
(2)
All mechanical equipment or apparatus on the roof of any office, apartment,
commercial, or industrial building shall be screened to the satisfaction of the
Development Authority.
(3)
All exterior work areas, storage areas and waste handling areas shall be
screened and/or enclosed from view of adjacent sites, roadways, walkways, park
areas and municipal or environmental reserve parcels in a manner compatible
with the design and external materials of the principal building on the site and to
the satisfaction of the Development Authority.
(4)
In those cases where wrecked or damaged vehicles are permitted to be stored or
located on a site they shall be screened or enclosed to the satisfaction of the
Development Authority.
SECONDARY AND GARDEN SUITES
(1)
General Regulations
(a)
The number of secondary or garden suites per single detached dwelling
is limited to one (1) suite.
(b)
The resident owner shall submit and sign a statutory declaration stating
that he/she is the principal resident of the primary dwelling unit and
occupancy of the principal dwelling by the owner shall be a condition of a
Development Permit for a secondary or garden suite.
(c)
A minimum of one (1) off-street parking space shall be provided for the
exclusive use of the secondary or garden suite.
(d)
If parking space is provided in the required front yard, a minimum 30% of
the front yard must remain as landscaped area.
(e)
Secondary and garden suites shall not be subject to separation from the
principal dwelling through a condominium conversion or subdivided title.
(f)
Secondary and garden suites must have full utility services through
service connections from the principal residence.
(g)
The Development Authority shall consider the following matters as part of
the decision making process for an application for a Secondary or garden
suite:
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Bylaw No. 1698/2011
(h)
(2)
(3)
(i)
the potential effect of the development on the privacy of adjacent
properties;
(ii)
the on-site and neighbourhood impact on parking and traffic; and
(iii)
the compatibility of the use in relation to the siting, grade
elevations, height, building types and materials characteristic of
surrounding development.
In developing a Secondary or garden suite, the owner shall comply with
all relevant requirements of the Alberta Building Code. The issuance of a
Development Permit does not relieve the applicant of the requirement to
comply with the Alberta Building Code.
Secondary Suite Regulations
(a)
A secondary suite shall not exceed 40% of the gross floor area of the
principal building, including upper floors and basement combined or 80
m2 whichever is less.
(b)
The secondary suite must have a separate access either through
entryway from the exterior of the dwelling or through a separate entrance
within a common landing.
(c)
A separate entrance door to a secondary suite shall not be located on any
front building elevation facing a public street. Notwithstanding this, a
single entry door providing access to an enclosed, shared landing area
from which both the main dwelling unit and the secondary suite gain
access, may be located on any front building elevation facing a public
street.
Garden Suite Regulations
(a)
A garden suite shall be at-grade and not exceed 15% of the lot coverage,
excluding other accessory buildings, or 80 m²; whichever is less.
(b)
The maximum lot area coverage is 60%, when combined with all other
buildings on the lot, including the garden suite,
(c)
The maximum building height shall be one (1) storey and not exceed 4.5
m.
(d)
A garden suite must be placed to the rear of the principal building with a
minimum separation distance of 1.8 m from any other accessory building
and the principal building.
(e)
Notwithstanding provisions elsewhere in this Bylaw, a garden suite must
have a minimum side yard setback of 1.2 m or, in the case of a corner lot,
3.0 m on the flankage.
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78.
79.
(f)
Notwithstanding provisions elsewhere in this Bylaw, a garden suite must
have a minimum rear yard setback of 1.2 m.
(g)
Garden suites shall not be located in the front yard.
SERVICE STATIONS SITES
(1)
All parts of the site to which vehicles have access shall be hard surfaced and
drained to the satisfaction of the Development Authority.
(2)
Above ground fuel storage tanks shall be placed in accordance with the Safety
Codes Act and any other applicable regulations in this Bylaw.
(3)
No activity may be carried on which constitutes a nuisance or annoyance to
persons occupying land in the immediate vicinity of the site, by reason of dust,
noise, gases, odours, smoke or vibration.
(4)
The layout shall be so designed that vehicles may be served and bulk fuel may
be delivered without any obstruction of the public.
(5)
No part of a service station building or any pump island shall be within 6.0 m of
front, side or rear property lines;
(6)
The Development Authority may issue a Development Permit to allow a service
station operator to sell used cars and similar vehicles if in the opinion of the
Development Authority:
(a)
the shape and size of the lot is adequate to accommodate the
requirements of the proposal in terms of parking, vehicular movement,
aesthetics and similar considerations,
(b)
the approval of the proposal will not interfere with the amenities of any
residential development(s) which may be located adjacent to the site,
(c)
the proposal does not involve more than two (2) vehicles to be displayed
on a lot at any given time, and
(d)
the approval will not undermine the purpose and intent of the provisions
of this Bylaw with respect to the service station development which is the
principal use of the site.
SETBACKS IN ESTABLISHED RESIDENTIAL DISTRICTS
(1)
In established residential districts where a building is to be erected on a vacant
lot or is to replace an existing building, or is to be altered or added to the front
yard, the setback shall be similar as the one provided by existing buildings
located on the same side of the street to the satisfaction of the Development
Authority but in no case should it be less than the minimum required setback.
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(2)
80.
SHIPPING CONTAINERS
(1)
81.
The Development Authority may issue a Development Permit to allow for the
placement of shipping containers for the use of temporary or permanent storage,
sales or rental if:
(a)
the shape and size of the lot is adequate to accommodate the proposed
shipping container(s),
(b)
the approval of the proposal will not negatively impact existing
surrounding uses,
(c)
the exterior of the shipping containers are a neutral colour,
(d)
the shipping containers are located on a level hard surfaced base (i.e.
gravel, asphalt, concrete, etc.).
(e)
the height of the shipping containers is to be limited to one unit in height
or a maximum of 3.0 m.
(f)
the shipping containers must be located in such as manner as they are
not visible from the Trans Canada Highway.
(2)
The applicant shall provide the Development Authority with a site plan indicating
the shipping container locations and setback distances from the containers and
property lines.
(3)
The applicant shall provide Development Authority with any other information as
the Development Authority deems appropriate having due regard to the merits of
the proposal.
SUBDIVISION OF LAND
(1)
82.
The rear yard, side yard and flankage setbacks shall be as prescribed in this
Bylaw.
Where the development of land requires the subdivision of land, no Development
Permit shall be issued until the application for subdivision has been approved by
the Subdivision Approval Authority, or upon appeal, the Subdivision and
Development Appeal Board.
TANKS AND PRESSURE VESSELS
(1)
The Development Authority, may issue a Development Permit to allow for the
placement of tanks and pressure vessels if:
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83.
(a)
the shape and size of the lot is adequate to accommodate the proposed
tanks and vessels,
(b)
the approval of the proposal will not negatively impact existing
surrounding uses,
(c)
the approval of the proposal does not cause undue safety hazards on the
site or for surrounding uses, and
(d)
the approval will not undermine compliance with Provincial regulations
regarding tanks and pressure vessels.
(2)
The applicant shall provide the Development Authority with a site plan indicating
the proposed tank and/or pressure vessels location and setback distances from
structures and property lines.
(3)
The applicant shall provide the Development Authority with any other information
as the Development Authority deems appropriate having due regard to the merits
of the proposal.
(4)
Tanks and pressure vessels shall be enclosed by a 1.8 m high chain link fence
with a locking access (gate).
(5)
Tanks and pressure vessels located adjacent to roadways shall be protected by
bollards or other appropriate barriers.
TEMPORARY DEVELOPMENT
(1)
Notwithstanding any provisions of this Bylaw the Development Authority may
conditionally approve a development on a temporary basis in any land use
district provided that the use, building or structure is listed as either a permitted
or discretionary use in the relevant land use district and provided that temporary
buildings or structures are not placed on permanent foundations.
(2)
The Development Authority may issue a Temporary Development Permit for a
period of not more than two (2) years.
(3)
The Development Authority may approve a Temporary Development Permit if in
their opinion the use would not unduly interfere with the amenities of the
surrounding neighbourhood; or materially interfere with or affect the use and
enjoyment of neighbouring parcels.
(4)
When considering an application for a Temporary Development Permit, the
Development Authority shall have regard to the location and its proximity to
residential properties; traffic access and parking; and the availability of utility
services.
(5)
After the expiration of the permit the applicant shall:
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(6)
84.
cease or remove the use or development, or
(b)
make written application to the Development Authority for renewal of the
permit setting forth the reasons therefore, not later than sixty (60) days
prior to the day on which the Development Permit will cease to be in
effect. There shall be no obligation to approve it on the basis that the
previous permit had been issued.
The Town shall not be liable for any costs involved in the cessation or removal of
any use or development upon the expiry of the permit.
TENT AND AIR SUPPORTED STRUCTURES
(1)
85.
(a)
The Development Authority may issue a Development Permit to allow for the
placement of a Tent and Air Supported Structure if:
(a)
The shape and size of the lot is adequate to accommodate the proposed
Tent and Air Supported Structure,
(b)
The Tent and Air Supported Structure is not located in the front or side
yards,
(c)
The approval of the proposal will not negatively impact existing
surrounding uses,
(2)
The applicant shall provide the Development Authority with a site plan indicating
the Tent and Air Supported Structure location and setback distances from the
Tent and Air Supported Structure and the property lines.
(3)
The applicant shall provide the Development Authority with any other information
as the Development Authority deems appropriate having due regard to the merits
of the proposal.
USE OF LAND
(1)
On receipt of a Development Permit a person may develop and use the subject
land or building(s) for the purpose approved, subject to meeting the regulations in
this Bylaw and any conditions imposed by the permit, and shall not develop or
use the land or building(s) otherwise.
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PART VIII
SIGN REGULATIONS
86.
SIGN REGULATIONS
(1)
Except where otherwise expressly provided in this Bylaw, no person shall
construct, place, relocate, or alter a sign on any property without first obtaining a
Development Permit.
(2)
All signs are a discretionary use – Development Officer under this Bylaw.
(3)
Definitions
The following definitions and any other applicable definition in this Bylaw shall
apply to signs. Any sign that is not specifically addressed in this Section, nor
listed in the Land Use Districts, shall be considered a discretionary use and will
require a Development Permit.
(a)
A-board Sign means a self supporting A-shaped sign or sandwich board
which is set upon the ground and has no external supporting structure.
(b)
Awning or Canopy Sign means a sign affixed to the surface of an
awning or canopy but does not include signage painted or otherwise
directly imprinted onto any awning.
(c)
Billboard Sign means a sign, primarily self-supporting and attached to
the ground, which is used for the display of advertising, the subject matter
of which is usually not related to the use or ownership of the property on
which the structure is located and generally consisting of advertising copy
which is pasted, glued, painted, electronically displayed or otherwise
attached to permit periodic replacement.
(d)
Changeable Copy means a copy that can be changed electronically or
manually through the use of attachable letters, numerals, or pictorial
panels.
(e)
Digital LED Sign means any sign or portion of a sign that has
electronically controlled changeable copy.
(f)
Facia Sign means a sign, other than a billboard, attached to or painted,
marked, or inscribed on a fence, window, exterior wall, or mansard roof of
a building that does not project more than 0.4 m from the face of the
fence, wall, or window.
(g)
Freestanding Sign means a sign on a standard or column permanently
attached to the ground and which is not connected in any way to any
building or other structures.
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(4)
(h)
Portable Sign means a sign, other than an A-board Sign, that is mounted
on a trailer, stand, or similar support structure which can be easily
relocated to another location, and which usually has changeable copy.
(i)
Projecting Sign means a sign, other than an awning or canopy sign,
which is attached to a building or structure so that part of the sign projects
more than 0.4 m from the face of the building or structure.
(j)
Roof Sign means a sign, other than a billboard, that is attached to a roof
or erected or placed on, over or above a roof.
(k)
Sign means any visual medium, including its structure and other
component parts, that displays or is intended to be used for the display of
words, numbers, symbols or pictures for the purpose of providing
direction or warning, conveying information or calling attention to a
product, business, organization, facility, service, activity, event, or
property and shall include, without limiting the generality of the foregoing,
notices, banners, and posters.
(l)
Sign Area means:
(i)
the area derived using the overall width and the overall height of
the sign face excluding any structural support not used as part of
the display to convey information;
(ii)
in the case of a double faced sign, only one side of the sign would
be used to calculate the sign area; and
(iii)
in the case of signs painted, marked, or inscribed on a fence,
window, or exterior wall of a building, the area derived using the
overall width and the overall height of the displayed information.
Signs Not Requiring a Development Permit
Unless otherwise provided, Development Permits are not required in respect of
the following signs. Such developments shall otherwise comply with the
provisions of this Bylaw and must be carried out or performed in accordance with
all other applicable legislation, regulations and bylaws.
(a)
a sign displayed inside a building that is intended to be viewed from the
interior of the building.
(b)
a traffic control device or other such sign as may be located within the
right of way of a public roadway.
(c)
a sign identifying a construction or demolition project for which a permit
has been issued provided that the sign is removed within fourteen (14)
days after construction is complete.
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(d)
a sign identifying a political campaign provided the sign is removed within
seven (7) days following the election to which it relates.
(e)
a sign advertising a garage sale or open house. Such a sign may be
posted for a maximum period of forty—eight (48) hours and the sign area
does not exceed 1.0 m2.
(f)
a sign advertising a campaign event or drive which has been approved by
Council. Such a sign may be posted for a maximum period of fourteen
(14) days.
(g)
a sign or notice offering a site on which it is placed or a building or part of
a building thereon for rent or for sale, provided that the area of such sign
or notice shall not exceed 1.5 m2.
(h)
municipal signs used to indicate street names, to control traffic, or to
identify municipal buildings.
(i)
official notices, signs, placards or bulletins required to be displayed
pursuant to the provisions of federal, provincial or municipal legislation or
displayed by or on behalf of the Town or on behalf of a department, a
Commission, board, committee or official of the Town authorized for such
purposes provided they are removed from the properties within ten (10)
days after the date of the event.
(j)
copy change on a lawful sign provided that the position, height,
dimensions, lighting and structural framework of the sign are not altered.
(k)
maintenance of any lawful sign.
(l)
a non-illuminated fascia sign attached to a building stating no more than
the name of the building or the name of the person, institution or business
occupying the building or both, provided that the total sign area does not
exceed 0.4 m².
(m)
bench signs.
(n)
A-Board signs meeting the requirements of this Bylaw.
(o)
community information signs.
(p)
signs intended to provide guidance, warning or restraint of persons in
respect of the premises on which they are displayed, provided the sign
area does not exceed 0.4 m.
(q)
on-premises directional and informational signage and incidental signs
0.2 m2 or less in area.
(r)
a banner, placard, or poster advertising the sale of products or services
by a Retail Store provided that the sign is on the property of the Retail
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Store and the sign is not displayed for more than thirty (30) days in any
calendar year.
(5)
(s)
municipal address numbers or letters displayed on the property to which
they refer.
(t)
seasonal or holiday decorations.
(u)
pennants, strings of pennants, streamers.
(v)
mural signs.
Development Permit Requirements
(a)
As part of an application for a Development Permit for a sign, the
applicant shall provide two (2) copies of a drawing of the proposed sign
drawn to scale showing:
(i)
the proposed dimensions of the sign including the height.
(ii)
the proposed information to be displayed and the size of letters or
numbers to be shown on the sign.
(iii)
the proposed location of the sign in relation to the property lines,
parking and buildings and the dimensions of the building and/or
the property upon which it is to be situated.
(iv)
in the case of a sign that is to be attached to and project from a
fence, wall, or window more than 0.4 m, the extent of the
projection from the fence, wall, or window.
(v)
in the case of an illuminated sign, the method and manner of
illuminating the sign, including details of illumination in terms of
flashing or intermittent lights.
(vi)
the distance of the proposed sign from any traffic control device
located within 25.0 m of the proposed sign; the distance from any
street intersection located within 25.0 m of the proposed sign.
(vii)
the type of construction and finish to be utilized.
(viii)
the method of supporting or attaching the sign, including structural
and footing details.
(ix)
in the case of a freestanding sign, an elevation plan showing the
height of the sign in relationship to the height of the principal
building taking into account the gradient of the site.
(x)
the location(s) and sizes of existing utilities, both underground and
overhead, and all easements and utility rights-of-way shown and
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labelled and other relevant encumbrances;
(6)
(b)
Drawings provided, pursuant to subsection (5), shall be of sufficient size
and scale to facilitate an adequate review by the Development Authority.
(c)
The applicant shall provide such other information as may be reasonably
required by the Development Authority. This information may include a
letter of authorization from the owner of the property or building or an
authorized agent or an engineering report to be provided by a
Professional Engineer for a large or complex sign as determined by the
Development Authority.
General Regulations
(a)
No sign shall be constructed, placed, relocated, or altered in a manner
that, in the opinion of the Development Authority:
(i)
conflicts with the general character of the surrounding streetscape
or the architecture of buildings in the area.
(ii)
unduly blocks natural light or the view from a building.
(iii)
obstructs the view of, or may be confused with a traffic control
device.
(iv)
obstructs the view of, or otherwise poses a potential hazard to
vehicle or pedestrian traffic.
(v)
displays lights which resemble or may be mistaken for the flashing
lights usually associated with hazards or danger or with those
used on police, fire, ambulance or other emergency vehicles.
(vi)
displays lights that will adversely affect adjacent properties.
(vii)
utilizes revolving lights or beacons, or emits amplified sounds or
music.
(viii)
is, in the opinion of the development authority, vulgar or would be
offensive to the public.
(b)
No one shall erect or permit to be erected or remain on Town property,
any temporary sign other than in accordance with this Bylaw.
(c)
No sign shall be located closer to an overhead power or service line than
is permitted pursuant to the Electrical Protection Act.
(d)
No sign or any portion thereof, other than a traffic control device or sign
placed by the Town, may be located within or project over the right of way
of a public roadway.
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(7)
(e)
The base of all private signs shall be located within the site and with the
exception of an approved awning and canopy signs no part of the sign
shall overhang a public road or an adjacent site.
(f)
A sign shall be maintained in good repair and without limiting the
generality of the foregoing:
(i)
a sign shall at all times be structurally sound.
(ii)
a sign shall not be allowed to peel or become torn.
(iii)
any portion of a sign that is metal shall not be allowed to rust.
(g)
All structural members and guy wires must be properly attached to the
sign and building.
(h)
No sign shall be permitted which is attached to fences, utility poles, trees,
or any object in a public street or place.
(i)
No person shall attach an auxiliary sign to a sign.
(j)
The back of a sign, other than a fascia sign, shall be enclosed to the
satisfaction of the Development Authority.
(k)
In the case of a double faced sign, the sides of the sign shall be enclosed
to the satisfaction of the Development Authority.
(l)
Signs advertising businesses no longer in operation shall be removed.
(m)
No person shall place a motor vehicle or a trailer on a site where the
purpose for placing the motor vehicle or trailer on the side is to display a
sign.
(n)
Signs shall not be placed so as to reduce the number of parking stalls or
loading spaces or to obstruct the use of the parking or loading areas,
required pursuant to an approved Development Permit.
Removal or Repair of Signs
(a)
If any sign is erected without an approved permit, an approved permit
lapses, a sign no longer complies with the terms of this bylaw or a sign no
longer complies with the terms of an approved permit, the Development
Authority may order the owner of the sign, the owner of the property on
which the sign is erected or both, to remove, repair or modify the sign and
the party or parties so notified shall:
(i)
remove, repair or modify such sign and all related structural
components in accordance with the terms of the notice within
thirty (30) days from the date of receipt of such notice; and
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(ii)
(8)
(9)
(10)
restore the immediate area around the sign, to the satisfaction of
the Development Authority, including the ground or any building to
which the sign was attached, as close as possible to its original
form prior to the installation of the sign.
A-Board (Sandwich Board) Signs:
(a)
A-board signs shall not exceed 0.6 m in width and 1.0 m in height.
(b)
A-board signs shall have a painted finish, be neat and clean and be
maintained as such.
(c)
A-board signs shall not be erected for a period exceeding the operating
hours of the business.
(d)
A-board signs shall not exceed two (2) signs per site.
(e)
A-board signs shall not have a flashing device, animator or flashing
beacon attached to, or operating in connection with it.
(f)
A-board signs must be located so that they will not cause conflict with any
parking, loading or walkway facilities or be considered a traffic hazard.
(g)
A-board signs meeting the requirements of this Bylaw do not require a
Development Permit, otherwise A-board signs shall require a
Development Permit.
Awning and Canopy Signs
(a)
Awning and canopy signs may be allowed to encroach over public
property in the C-2 Downtown Commercial District at the discretion of the
Development Authority and subject to the following conditions:
(b)
An encroachment agreement with the Town is required for a sign
approved under subsection (9)(a).
(c)
The sign may not project more than 1.2 m over public property.
(d)
The sign may be no closer than 0.6 m to the curb.
(e)
The sign must have a minimum clearance of 2.4 m from grade.
(f)
The maximum sign area shall not exceed 40% of the awning or canopy
structure.
Billboard Signs
(a)
Billboards are not permitted in any Land Use District.
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(11)
Digital LED Signs
(a)
Digital LED Signs must comply with the following requirements at all
times:
(i)
are only permitted in Commercial and Industrial Land Use
Districts.
(ii)
must be at least 30.0 m away from any sign facing the same
oncoming traffic.
(iii)
must 100.0 m from a Residential Land Use District if positioned in
the direction of the Residential Land Use District, otherwise must
be 50.0 m from a Residential Land Use District.
(iv)
digital LED Signs shall not adversely affect adjacent properties.
(v)
the display must be a static display with no motion pictures,
scrolling, flashing or emission of intermittent light, animation, or
movement in or between displays and the change between
displays must be immediate.
(vi)
the display must be self dimming for night time conditions and the
level of lighting at all times must be to the satisfaction of the
Development Authority who may direct that the lighting level be
adjusted.
(vii)
that each display be a self contained message with no
continuation of one message into a subsequent message.
(viii)
the Digital LED Sign must be monitored by the Applicant at all
times and in the event of a malfunction, the billboard must be
designed to either:
A.
provide a continuous static display without varying or
increasing the lighting level or;
B.
provide no display.
(ix)
each display must last not less than eight (8) seconds.
(x)
the Digital LED Sign must not employ any supplementary flashing
or intermittent lighting either as part of the sign or on its supporting
structure.
(xi)
any electrical wires or conduits must be concealed from view.
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(xii)
(b)
(c)
(d)
Fascia Digital LED Signs
(i)
The maximum size cannot exceed 2.5 m2.
(ii)
Fascia Digital LED Signs must be located on the elevation where
the primary building access is located.
Free Standing Digital LED Signs
(i)
The maximum size cannot exceed 2.5 m2.
(ii)
If a parcel abuts an intersection, the sign must be setback at least
15.0 m from the edge of the road right-of-way perpendicular to
oncoming traffic.
(iii)
Free Standing Digital LED Signs must be located at least 30.0 m
from a residential district.
Portable Digital LED Signs
(i)
(12)
third party advertising is permitted and shall only identify
businesses or services licensed to operate in the Town of Redcliff,
charitable organizations or service clubs.
Portable Digital LED Signs are not permitted in any Land Use
District.
Fascia Signs
(a)
No more than one (1) fascia or wall sign per frontage or where there are
two (2) or more frontages, a total of two (2) such signs may be permitted.
(b)
The fascia sign area shall not exceed 20% of the superficial area of the
wall comprising the business frontage for the sign.
(c)
Fascia signs shall be located only on a business frontage and at the
discretion of the Development Authority, may be located on an exterior
wall which is not a frontage.
(d)
Fascia signs shall not project above the top of the vertical face of the wall
to which they are attached.
(e)
Whenever there is a band of several fascia or wall signs, they should be
of a consistent size and located near the same level as other similar
signage on the premises and adjacent buildings.
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(13)
(14)
Free Standing Signs
(a)
One (1) free-standing sign is allowed per site or per building on a site. If
a parcel abuts more than one (1) public roadway other than a lane, the
parcel may be allowed one (1) additional free-standing sign for each
abutting roadway in excess of one (1), at the discretion of the
Development Authority.
(b)
Where a second sign is approved, there shall be a 15.0 m separation
from any other sign on the same site, unless otherwise approved by the
Development Authority.
(c)
The maximum height of any freestanding sign shall not exceed 9.0 m
from grade or project above the height of the principal building.
(d)
Freestanding signs shall not exceed 9.3 m2 in sign area.
(e)
The sign shall be a minimum of 1.5 m from any property line.
(f)
Within a Residential District, one identification freestanding sign may be
allowed to identify the name of an apartment, multi-family complex,
manufactured home community or a subdivision, which does not exceed
3.0 m2 in area or exceed 3.0 m in height.
(g)
There must be a 30.0 m separation from any other sign along the same
street unless otherwise approved by the Development Authority.
(h)
Freestanding signs are encouraged to provide an area on the sign for
changeable copy.
Portable Signs
(a)
The sign area of a portable sign shall not exceed 5.0 m2.
(b)
The height of a portable sign, including the trailer or stand, or other
support on which the sign is mounted, shall not exceed 2.5 m.
(c)
A portable sign shall not be located closer than 1.5 m to the property line
of the property on which the sign is located.
(d)
Portable signs may be illuminated provided that lights on a portable sign
located within 100.0 m of a dwelling unit shall be turned off between the
hours of 11:00 p.m. and 7.00 a.m.
(e)
Only one (1) portable sign will be permitted on a property at one time.
(f)
There shall be a minimum distance of 35.0 m between any two portable
signs.
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(15)
(g)
Portable signs shall not be permitted within 15.0 m of a site which
contains residential development.
(h)
The sign must be 9.0 m from an intersection of public road right-of-ways.
(i)
Each site is permitted one sign for a period or periods not exceeding a
total of one hundred twenty (120) days per calendar year.
(j)
Third party advertising is permitted and shall only identify businesses or
services licensed to operate in the Town of Redcliff, charitable
organizations or service clubs.
(k)
The owner of a portable sign shall provide written notice within five (5)
days of placing a portable sign on a property or change of location of an
existing sign on a property, to the Development Officer. This notice shall
include:
(i)
the municipal address of the property on which the sign is located
or is to be located.
(ii)
the location of the sign on the property indicated by
measurements from the property lines. it will usually be sufficient
to give the distance from the front property line and the nearest
side property line to the location of the sign.
(iii)
the dimensions of the portable sign.
(iv)
the name, address, and telephone number of the owner of the
portable sign.
(v)
the name and address of the person on whose behalf the portable
sign is displayed or is to be displayed.
Projecting Signs:
(a)
Projecting signs shall:
(i)
not project more than 2.4 m from a building face;
(ii)
have a minimum clearance of 2.4 m from grade;
(iii)
not have any support from the ground over which it is hung;
(iv)
not exceed 9.3 m2 in sign area;
(v)
not project more than 1.0 m above the height of the principal
building;
(vi)
not project within 0.6 m of the curb or edge of a constructed street;
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(16)
(vii)
have a maximum space between the supporting structure and the
sign of 0.6 m; and
(viii)
not project into lanes.
Roof Signs
(a)
Roof signs are not permitted in any Land Use District.
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PART IX
LAND USE DISTRICTS AND REGULATIONS
87.
DISTRICTS
(1)
For the purpose of this Bylaw, the Town of Redcliff is divided into the following
districts:
C-1 – Local Convenience Commercial District
C-2 – Downtown Commercial District
C-3 – General Commercial District
C-HWY -- Highway Corridor Commercial District
DC – Direct Control District
H – Horticultural District
H-A –Horticultural Reduced Landfill Setback District
H-RD – Horticultural Restricted Development District
HC-RD – Horticultural and Commercial Mixed Use Restricted District
I-1 -- Light Industrial District
I-2 -- Heavy Industrial District
P-1 – Park and Recreation District
PS – Public Service District
R-1 – Single Family Residential District
R-1A-- Low Density Reduced Landfill Setback Residential District
R-2 – Low Density Residential District
R-3 – Medium Density Residential District
R-4 – Manufactured Home Residential District
R-E1 – Residential Estates District
RT – Residential Transition District
TU – Transportation and Utilities District
UR -- Urban Reserve District
(2)
The boundaries of the districts listed in subsection (1) are as delineated on the
Land Use District Map attached in Schedule A.
(3)
Where uncertainty exists as to the boundaries of districts as shown on the Land
Use District Map, the following shall apply:
(a)
Where a boundary is shown as following a street, lane, river, stream,
canal, railway, pipeline right-of-way, utility right-of-way, or easement, it
shall be deemed to follow the edge thereof.
(b)
Where a boundary is shown as approximately following a property line, it
shall be deemed to follow the property line.
(c)
Where a boundary is shown as approximately following the Town
boundary, it shall be seemed to follow the Town boundary.
(d)
Where a boundary is shown as approximately following a topographic
contour line or a top-of-bank line, it follows that line; in the event of
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change of the topographic line, it shall move with that line.
(e)
(4)
In circumstances not covered by (a) through (d), the location of the district
boundary shall be determined:
(i)
using any dimensions given on the map; or
(ii)
where no dimensions are given, measurement using the scale
shown on the map.
Where the exact location of the boundary of a land use district cannot be
determined using the rules in subsection (3)(e), Council, on its own motion or on
a written request, shall fix the location:
(a)
in a manner consistent with the provisions of this Bylaw; and
(b)
with the appropriate degree of detail required.
(5)
The location of a district boundary, once fixed, shall not be altered except by an
amendment of this Bylaw.
(6)
When any public roadway is closed, the roadway lands have the same district as
the abutting land. If the roadway is consolidated with an adjoining parcel, the
parcel's district designation applies to affected portions of the roadway.
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88.
C-1 LOCAL CONVENIENCE COMMERCIAL DISTRICT
(1)
Purpose
The purpose of this district is to regulate a small localized convenience
development located in a primarily residential area and intended to cater to the
day-to-day needs of the residents of the area.
(2)
Permitted Uses
Art and Craft Studio
Convenience Store
Personal Service
Pet Care Service
Public Utilities
(3)
Discretionary Uses – Development Officer
(4)
Accessory Buildings
Accessory Uses
Financial Institution
Liquor Store
Office
Retail Store
Discretionary Uses - Commission
Amusement Establishment
Bed and Breakfast
Child Care Facility
Drinking Establishment
Dwelling Units on Second Floor
Eating Establishment
Gas Bar
Medical and Health Office
Public Utility Building
Public Building or Quasi-Public Building
Similar Use
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
Lot Area
(i)
Convenience Store and Gas Bar: 929 m2
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(ii)
(b)
(c)
Lot Width
(i)
Convenience Store and Gas Bar: 30.0 m
(ii)
Other Uses: 15.0 m or as otherwise required by the Development
Authority
Front Yard Setback
(i)
(d)
3.0 m except where loading, parking or waste disposal provisions
are required.
Maximum Requirements
(a)
Building Height
(i)
(b)
(8)
3.0 m and one (1) unobstructed 6.0 m, where no rear lane is
provided.
Rear Yard Setback
(i)
(7)
6.0 m
Side Yard Setback
(i)
(e)
Other Uses: 557 m2 or as otherwise required by the Development
Authority
11.0 m
Lot Coverage
(i)
Principal Buildings: 50% including accessory buildings
(ii)
Accessory Buildings: 15%
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
(c)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(d)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
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Authority.
(e)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(f)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(g)
On site lighting shall comply with the regulations established in Section 63
of this Bylaw and be to the satisfaction of the Development Authority.
(h)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw.
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89.
C-2 DOWNTOWN COMMERCIAL DISTRICT
(1)
Purpose
The purpose of this district is to provide for retail, commercial, residential and
public service developments, individually or mixed in the Downtown area of
Redcliff, to serve the Town and the surrounding area.
(2)
Permitted Uses
Amusement Facility
Art and Craft Studio
Convenience Store
Eating Establishment
Financial Institution
Liquor Store
Medical and Health Office
Office
Personal Service
Pet Care Service
Public Building or Quasi-Public Building
Public Utilities
Retail Store
(3)
Discretionary Uses – Development Officer
Accessory Building
Accessory Use
Child Care Facility
Club
Cultural Facility
Drinking Establishment
Entertainment Establishment
Fitness Centre
Hotel
Household Service
Motel
Parking Facility
Public Utility Building
Publishing, Printing, Recording & Broadcasting Establishment
Taxi Service
Veterinary Clinic – Small Animal
(4)
Discretionary Uses – Commission
Apartment
Automotive Sales and Rental
Bed and Breakfast
Car Wash
Commercial School
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Drive-in Business
Dwelling Units on Second Floor
Farmers’/Flea Market
Funeral Facility
Gas Bar
Religious Assembly
Service Station
Similar Use
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
(b)
(c)
Lot Area
(i)
Convenience Store, Service Station and Gas Bar: 929 m2
(ii)
Other Uses: As required by the Development Authority
Lot Width
(i)
Convenience Store, Service Station and Gas Bar: 30.0 m
(ii)
Other Uses: 7.6 m or as otherwise required by the Development
Authority
Front Yard Setback
(i)
(d)
(e)
None except where loading, parking or waste disposal provisions
are required.
Side Yard Setback
(i)
None required where a firewall is provided in accordance with the
Alberta Building Code, but if a side yard is provided it must be 1.5
m.
(ii)
3.0 m when adjacent to residential districts.
(iii)
Corner lots shall comply with the set back required for the Corner
Visibility Triangle as defined in Section 46 this Bylaw.
Rear Yard Setback
(i)
None except where loading, parking or waste disposal provisions
are required.
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(7)
Maximum Requirements
(a)
Building Height
(i)
(b)
(8)
(9)
15.0 m or as otherwise required by the Development Authority
Lot Coverage
(i)
100% provided that provisions have been made for parking,
loading, storage and waste disposal.
(ii)
Apartment: 55% including accessory structures
(iii)
Accessory Buildings: 15%
Dwelling Units
(a)
Dwelling Units on the second floor must meet the provisions of Section 75
of this Bylaw.
(b)
The Development Authority shall refer to the R-3 Medium Density
Residential District when applying site requirements for apartments in this
district.
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Facades shall be designed to create architectural order and harmony in
the townscape.
(c)
Notwithstanding any other provision in this Bylaw, no outside storage
areas of material and equipment are permitted.
(d)
Car Washes shall comply with the regulations established in Section 43 of
this Bylaw and be to the satisfaction of the Development Authority.
(e)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
(f)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(g)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(h)
Any application for a discretionary use within 800.0 m of another
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municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(i)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(j)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(k)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw
(l)
Sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority as per
Section 76.
(m)
Service Stations shall comply with the regulations established in Section
78 of this Bylaw and be to the satisfaction of the Development Authority.
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90.
C-3 GENERAL COMMERCIAL DISTRICT
(1)
Purpose
The purpose of this district is to provide for the development of a variety of
commercial uses which require locations on major traffic routes because of a
high degree of visibility and accessibility.
(2)
Permitted Uses
Amusement Facility
Art and Craft
Building Supplies
Convenience Store
Drinking Establishment
Drive-in Business
Eating Establishment
Entertainment Establishment
Financial Institution
Fitness Centre
Household Service
Liquor Store
Office
Personal Service
Pet Care Service
Public Building or Quasi-Public Building
Public Utilities
Retail Store
(3)
Discretionary Uses – Development Officer
Accessory Building
Accessory Use
Car Wash
Child Care Facility
Club
Commercial School
Cultural Facility
Funeral Facility
Gas Bar
Hotel
Medical and Health Office
Motel
Publishing, Printing, Recording & Broadcasting Establishment
Public Utility Building
Service Station
Taxi Service
Trade and Contractor Service
Veterinary Clinic – Small Animal
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(4)
Discretionary Uses - Commission
Automotive Paint and Body Shop
Automotive Repair and Service Shop
Automotive Sales and Rental
Bulk Fuel Station
Equipment Sales, Rental, Service
Farm Supplies and Service
Farmers’/Flea Market
Manufactured Home Sales and Service
Recreational Vehicle Sales, Service or Rental
Recycling Facility
Religious Assembly
Shopping Centre
Similar Use
Tourist Information Centre
Transportation Service
Warehouse
Warehouse Store
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
(b)
(c)
Lot Area
(i)
1,500 m2 or as otherwise required by the Development Authority
(ii)
Convenience Store, Service Station and Gas Bar: 929 m2
Lot Width
(i)
20.0 m or as otherwise required by the Development Authority
(ii)
Convenience Store, Service Station and Gas Bar: 30.0 m
Front Yard Setback
(i)
(d)
6.0 m
Side Yard Setback
(i)
3.0 m or 6.0 m when adjacent to a residential district.
(ii)
One (1) unobstructed 6.0 m, where no rear lane is provided
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(e)
Rear Yard Setback
(i)
(7)
Maximum Requirements
(a)
Building Height
(i)
(b)
(8)
(11)
Lot Coverage
(i)
Principal Buildings: 50% including accessory buildings
(ii)
Accessory Buildings: 15%
On-site parking spaces shall not encroach more than 3.0 m into the
required front setback.
Shopping Centres
(a)
(10)
12.0 m
Parking and Loading
(a)
(9)
3.0 m however, the Development Authority may modify the rear
yard requirement if parking, loading and unloading facilities are
located at the rear of the building/ site.
The site plan including the relationship between buildings, structures and
open spaces; the architectural design of the building, design of
landscaped open space; and the parking layout shall be subject to
approval by the Commission.
Outdoor Storage
(a)
All storage shall be accessory to the main use of the land or main building
on the site and shall comply with the yard and setback requirements of
this Section.
(b)
Outdoor Storage shall comply with the regulations established in Section
67 of this Bylaw and be to the satisfaction of the Development Authority.
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Facades shall be designed to create architectural order and harmony in
the townscape.
(c)
Notwithstanding any other provision in this Bylaw, no outside storage
areas of material and equipment are permitted.
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(d)
Car Washes shall comply with the regulations established in Section 43 of
this Bylaw and be to the satisfaction of the Development Authority.
(e)
Drive-in Businesses shall comply with the regulations established in
Section 50 of this Bylaw and be to the satisfaction of the Development
Authority.
(f)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
(g)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(h)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(i)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(j)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(k)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(l)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw
(m)
Sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority as per
Section 76.
(n)
Service Stations shall comply with the regulations established in Section
78 of this Bylaw and be to the satisfaction of the Development Authority.
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91.
C-HWY HIGHWAY CORRIDOR COMMERCIAL DISTRICT
(1)
Purpose
The purpose of this district is to regulate commercial and service developments
which by nature require locations with a high level of exposure from the TransCanada Highway and similar public roadways.
(2)
Permitted Uses
Car Wash
Convenience Store
Drive-in Business
Eating Establishment
Gas Bar
Hotel
Motel
Public Utilities
Service Station
Tourist Information Centre
(3)
Discretionary Uses – Development Officer
Accessory Buildings
Accessory Uses
Automotive Paint and Body Shop
Automotive Repair and Service Shop
Automotive Sales and Rental
Building Supplies
Farm Supplies and Service
Liquor Store
Medical and Health Office
Office
Protective Services
Public Building or Quasi-Public Building
Public Utility Building
Recreational Vehicles Sales and Service
Retail Store
Tanks and Pressure Vessels
Taxi Service
Veterinary Clinic – Small Animal
(4)
Discretionary Uses – Commission
Bulk Fuel Station
Campground
Equipment Sales, Rental, Service
Manufactured Home Sales and Service
Oil and Gas Servicing Industries
Recycling Facility
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Shipping Container Sales or Rental
Shopping Centre
Similar Use
Storage Yard-Mini Storage
Transportation Service
Truck Terminal and Storage
Veterinary Clinic – Large Animal
Warehouse
Warehouse Store
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
Lot Area
(i)
(b)
Lot Width
(i)
(c)
(e)
6.0 m or as required by Alberta Transportation in the case of
provincial highways.
Side Yard Setback
(i)
3.0 m
(ii)
One (1) unobstructed 6.0 m, where no rear lane is provided.
Rear Yard Setback
(i)
(7)
30.0 m or as otherwise required by the Development Authority
Front Yard Setback
(i)
(d)
Other uses: 929 m2 or as otherwise required by the Development
Authority.
3.0 m
Maximum Requirements
(a)
Building Height
(i)
(b)
12.0 m
Lot Coverage
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(8)
(i)
Principal Buildings: 50% including accessory buildings
(ii)
Accessory Buildings: 15%
Site Development Requirements
(a)
A high standard of building design, signage and landscaping is
encouraged for commercial development in proximity to the Trans
Canada Highway.
(b)
Commercial tourist development shall be developed in a manner which is
complementary to neighbouring land uses in appearance and function to
the satisfaction of the Development Authority.
(c)
Car Washes shall comply with the regulations established in Section 43 of
this Bylaw and be to the satisfaction of the Development Authority.
(d)
Drive-in Businesses shall comply with the regulations established in
Section 50 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
(f)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(g)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(h)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(i)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(j)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(k)
Outdoor Storage shall comply with the regulations established in Section
67 and 76 of this Bylaw and be to the satisfaction of the Development
Authority.
(l)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw.
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(m)
Sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority as per
Section 76.
(n)
Service Stations shall comply with the regulations established in Section
78 of this Bylaw and be to the satisfaction of the Development Authority.
(o)
Shipping Containers shall comply with the regulations established in
Section 80 of this Bylaw and be to the satisfaction of the Development
Authority.
(p)
Tanks and Pressure Vessels are permitted if:
i)
ii)
iii)
iv)
v)
the tanks are utilized for the storage of materials and are an
accessory use to the main use of the site.
there is a maximum of two tanks,
the tanks are not visible from the TransCanada Highway,
the tanks do not exceed the height of the principle building, and
the tanks comply with the regulations established in Section 82.
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92.
DC DIRECT CONTROL DISTRICT
(1)
Purpose
The purpose and intent of this district is to afford Council the opportunity to
address and provide for developments that, due to their unique characteristics,
historical significance, innovative ideas or unusual site constraints, require
specific regulations unavailable in the other land use districts of this Bylaw. The
purpose of this district is not to substitute for another district which could be used
to achieve the same result.
(2)
Uses and Requirements
(a)
Designation of a site as Direct Control does not constitute approval of the
Development Permit. Comprehensive plans including building design, site
layout, exterior finishes and color, landscaping, buffering, fencing,
garbage facilities, parking and access shall be submitted in the same
manner as with any Development Permit application as per Section 16 of
this Bylaw.
(b)
All proposed uses and development applications shall be evaluated on
their merits by Council who will establish the appropriate development
standards.
(c)
The General Land Use Regulations and Provisions in Part 7 of this Bylaw
and any previous development approval on the site shall be used as a
guideline when considering any Development Permit.
(d)
Each application for a use or development shall be evaluated with respect
to its compliance with:
(e)
(3)
(i)
The objectives and policies of the Redcliff Municipal Development
Plan; and
(ii)
The objectives and policies of any Area Structure Plan or Area
Redevelopment Plan in effect within any area designated Direct
Control District.
Council may by resolution establish land use and development policies
and standards to govern the use and development of land and buildings
in the Direct Control District. Council may by resolution amend, repeal or
replace such policies or standards at any time.
Procedure
(a)
Applications for development on land in Direct Control Districts shall be
referred to Council by the Development Authority and may include
comments and recommendations on the proposal.
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(b)
When an application for a Development Permit is received, Council may,
at its discretion, hold a Public Hearing. Notice of a Public Hearing shall be
in accordance with the notification procedures of Section 36 of this Bylaw.
(c)
Notwithstanding the procedures established for the decision and issuance
of Development Permits in this Bylaw, Council shall decide on all
applications for Development Permits within a Direct Control District.
Council may approve an application, with or without conditions, or may
refuse an application for a Development Permit.
(d)
There is no appeal to the Subdivision and Development Appeal Board for
a decision on an application for a Development Permit in a Direct Control
District.
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93.
H HORTICULTURAL DISTRICT
(1)
Purpose
The purpose of this district is to regulate developments involving greenhouses.
Residential development in this district is intended to be an owner/operator or
other similar unit for greenhouse operations.
(2)
Permitted Uses
Greenhouse
Public Utilities
(3)
Discretionary Uses – Development Officer
Accessory Building
Accessory Use
Manufactured Home
Modular Home
Single Detached Dwelling
(4)
Discretionary Uses – Commission
Mobile Home
Portable Garage and Shelter
Public Building or Quasi-Public Building
Public Utility Building
Shipping Containers
Similar Uses
Tanks and Pressure Vessels
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
(b)
Lot Area
(i)
Single Detached Dwelling: 450 m2
(ii)
Other Uses: As required by the Development Authority
Lot Width
(i)
Single Detached Dwelling: 12.0 m, 15.0 m for corner sites
(ii)
Other Uses: As required by the Development Authority
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(c)
(d)
(e)
(7)
Front Yard Setback
(i)
Single Detached Dwelling: 6.0 m
(ii)
Greenhouse: 1.5 m
(iii)
Other Uses: 6.0 m or as otherwise required by the Development
Authority
Side Yard Setback
(i)
Single Detached Dwelling: 1.5 m, 3.0 m on flankage and one (1)
unobstructed 3.0 m, where no rear lane is provided.
(ii)
Greenhouse: 1.5 m
(iii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iv)
Other uses: 1.5 m and one (1) unobstructed 3.0 m, where no rear
lane is provided.
Rear Yard Setback
(i)
Single Detached Dwelling: 6.0 m
(ii)
Greenhouse: 1.5 m
(iii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iv)
Other uses: 7.5 m or as otherwise required by the Development
Authority
Maximum Requirements
(a)
(b)
Building Height
(i)
Single Detached Dwelling: 11.0 m
(ii)
Greenhouse: 8.5 m
(iii)
Accessory buildings: 4.5 m
(iv)
Other Uses: As required by the Development Authority
Lot Coverage
(i)
Greenhouse: As required by the Development Authority
(ii)
Single Detached Dwelling: 45% including accessory buildings
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(8)
(9)
Accessory Buildings: 15%
(iv)
Other Uses: 45% including accessory buildings
Greenhouses
(a)
No doors in the rear yard are permitted which do not open completely on
the site.
(b)
No storage in the front and flankage yards unless it is screened from the
public view to the satisfaction of the Development Authority. Materials
used shall provide year-round screening.
(c)
Each individual operation shall provide a minimum of 185 m2 of storage
space to be located upon deeded property and adjacent to the proposed
development (the calculation of storage area may not include minimum
setback requirements).
(d)
Vehicular parking shall not be permitted in any yard of any principal
building if that building is less than 6.0 m from the property line.
Shipping Containers
(a)
(10)
(iii)
Shipping Containers within this district are only allowed as an accessory
use to a Greenhouse and must meet the requirements in Section 80 of
this Bylaw.
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
(c)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(d)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(f)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
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(g)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(h)
Outdoor Storage shall comply with the regulations established in Section
67 and 76 of this Bylaw and be to the satisfaction of the Development
Authority.
(i)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw
(j)
Sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority as per
Section 76.
(k)
Tanks and Pressure Vessels shall comply with the regulations
established in Section 82 of this Bylaw and be to the satisfaction of the
Development Authority.
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94.
H-A HORTICULTURAL REDUCED LANDFILL SETBACK DISTRICT
(1)
Purpose
The primary purpose of this district is to provide for horticultural development and
to identify those parcels of land which, in accordance with Section 13(3) of the
Subdivision and Development Regulation, consent has been received from the
Deputy Minister of Alberta Environment to vary Section 13(3) of the Subdivision
and Development Regulations to issue Development Permits for a school,
hospital, food establishment or residence within the 300.0 m setback distance
from a non-operating landfill. Residential development in this district is intended
to be an owner/operator or other similar unit for greenhouse operations.
Residential development is a discretionary use in this district.
Note: Refer to the map located in subsection (8) below and in Part IX, Land Use
District Maps for identification of the 300.0 m setback distance boundary from a
non-operating landfill.
(2)
Permitted Uses
Greenhouse
Public Utilities
(3)
Discretionary Uses – Development Officer
Accessory Building
Accessory Use
Manufactured Home
Modular Home
Single Detached Dwelling
(4)
Discretionary Uses – Commission
Mobile Home
Portable Garage and Shelter
Public Building or Quasi-Public Building
Public Utility Building
Shipping Containers
Similar Uses
Tanks and Pressure Vessels
(5)
General Requirements
(a)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
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(6)
Minimum Requirements
(a)
(b)
(c)
(d)
(e)
Lot Area
(i)
Single Detached Dwelling: 450 m2
(ii)
Other Uses: As required by the Development Authority
Lot Width
(i)
Single Detached Dwelling: 12.0 m, 15.0 m for corner sites
(ii)
Other Uses: As required by the Development Authority
Front Yard Setback
(i)
Single Detached Dwelling: 6.0 m
(ii)
Greenhouse: 1.5 m
(iii)
Other Uses: 6.0 m or as otherwise required by the Development
Authority
Side Yard Setback
(i)
Single Detached Dwelling: 1.5 m, 3.0 m on flankage and one (1)
unobstructed 3.0 m, where no rear lane is provided.
(ii)
Greenhouse: 1.5 m
(iii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iv)
Other uses: 1.5 m and one (1) unobstructed 3.0 m, where no rear
lane is provided.
Rear Yard Setback
(i)
Single Detached Dwelling: 6.0 m
(ii)
Greenhouse: 1.5 m
(iii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iv)
Other uses: 7.5 m or as otherwise required by the Development
Authority
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(7)
Maximum Requirements
(a)
(b)
(8)
Building Height
(i)
Single Detached Dwelling: 11.0 m
(ii)
Greenhouse: 8.5 m
(iii)
Accessory buildings: 4.5 m
(iv)
Other Uses: As required by the Development Authority
Lot Coverage
(i)
Greenhouse: As required by the Development Authority
(ii)
Single Detached Dwelling: 45% including accessory buildings
(iii)
Accessory Buildings: 15%
(iv)
Other Uses: 45% including accessory buildings
Reduced Landfill Setback
(a)
Refer to the map located below and in Part X, Land Use District Maps for
identification of the 300.0 m setback distance boundary from the nonoperating landfill located within the Town of Redcliff.
(b)
In accordance with Section 13(5) of the Subdivision and Development
Regulation, parcels of land in this Land Use District have received
consent from the Deputy Minister of Alberta Environment to vary Section
13(3) of the Subdivision and Development Regulations to issue
Development Permits for a school, hospital, food establishment or
residence within the 300.0 m setback distance from a non-operating
landfill. Residential development is a discretionary use in this district.
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(9)
Greenhouses
(a)
No doors in the rear yard are permitted which do not open completely on
the site.
(b)
No storage in the front and flankage yards unless it is screened from the
public view to the satisfaction of the Development Authority. Materials
used shall provide year-round screening.
(c)
Each individual operation shall provide a minimum of 185 m2 of storage
space to be located upon deeded property and adjacent to the proposed
development (the calculation of storage area may not include minimum
setback requirements).
(d)
Vehicular parking shall not be permitted in any yard of any principal
building if that building is less than 6.0 m from the property line.
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(10)
Shipping Containers
(a)
(11)
Shipping Containers within this district are only allowed as an accessory
use to a Greenhouse and must meet the requirements in Section 80 of
this Bylaw.
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
(c)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(d)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(f)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(g)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(h)
Outdoor Storage shall comply with the regulations established in Section
67 and 76 of this Bylaw and be to the satisfaction of the Development
Authority.
(i)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw
(j)
Sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority as per
Section 76.
(k)
Tanks and Pressure Vessels shall comply with the regulations
established in Section 82 of this Bylaw and be to the satisfaction of the
Development Authority.
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95.
H-RD HORTICULTURAL-RESTRICTED DISTRICT
(1)
Purpose
The primary purpose of this district is to regulate residential and horticultural
development and to identify those parcels of land which, in accordance with
Section 13(3) of the Subdivision and Development Regulation, consent has not
been received from the Deputy Minister of Alberta Environment to vary Section
13(3) of the Subdivision and Development Regulations to issue Development
Permits for a school, hospital, food establishment or residence within the 300.0 m
setback distance from a non-operating landfill. All development is a
Discretionary Use - Commission in this district.
Note: Refer to the map located in subsection (8) below and in Part IX, Land Use
District Maps for identification of the 300.0 m setback distance boundary from a
non-operating landfill.
(2)
Permitted Uses
Public Utilities
(3)
Discretionary Uses – Development Officer
None
(4)
Discretionary Uses – Commission
Accessory Building
Accessory Use
Greenhouse
Manufactured Home
Mobile Home
Modular Home
Portable Garage and Shelter
Public Building or Quasi-Public Building
Public Utility Building
Shipping Containers
Similar Uses
Single Detached Dwelling
Tanks and Pressure Vessels
(5)
General Requirements
(a)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
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(6)
Minimum Requirements
(a)
(b)
(c)
(d)
(e)
Lot Area
(i)
Single Detached Dwelling: 450 m2
(ii)
Other Uses: As required by the Development Authority
Lot Width
(i)
Single Detached Dwelling: 12.0 m, 15.0 m for corner sites
(ii)
Other Uses: As required by the Development Authority
Front Yard Setback
(i)
Single Detached Dwelling: 6.0 m
(ii)
Greenhouse: 1.5 m
(iii)
Other Uses: 6.0 m or as otherwise required by the Development
Authority
Side Yard Setback
(i)
Single Detached Dwelling: 1.5 m, 3.0 m on flankage and one (1)
unobstructed 3.0 m, where no rear lane is provided.
(ii)
Greenhouse: 1.5 m
(iii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iv)
Other uses: 1.5 m and one (1) unobstructed 3.0 m, where no rear
lane is provided.
Rear Yard Setback
(i)
Single Detached Dwelling: 6.0 m
(ii)
Greenhouse: 1.5 m
(iii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iv)
Other uses: 7.5 m or as otherwise required by the Development
Authority
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(7)
Maximum Requirements
(a)
(b)
(8)
Building Height
(i)
Single Detached Dwelling: 11.0 m
(ii)
Greenhouse: 8.5 m
(iii)
Accessory buildings: 4.5 m
(iv)
Other Uses: As required by the Development Authority
Lot Coverage
(i)
Greenhouse: As required by the Development Authority
(ii)
Single Detached Dwelling: 45% including accessory buildings
(iii)
Accessory Buildings: 15%
(iv)
Other Uses: 45% including accessory buildings
Reduced Landfill Setback
(a)
Refer to the map located below and in Part X, Land Use District Maps for
identification of the 300.0 m setback distance boundary from the nonoperating landfill located within the Town of Redcliff.
(b)
In addition to meeting the requirements outlined herein, any residential
development, prior to approval, must receive the written consent of the
Deputy Minister of Environment stating the Development Authority has
the authority to vary the requirements outlined in Section 13(3) of the
Subdivision and Development Regulation (as per Section 13(5) of the
Subdivision and Development Regulation).
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(9)
Greenhouses
(a)
No doors in the rear yard are permitted which do not open completely on
the site.
(b)
No storage in the front and flankage yards unless it is screened from the
public view to the satisfaction of the Development Authority. Materials
used shall provide year-round screening.
(c)
Each individual operation shall provide a minimum of 185 m2 of storage
space to be located upon deeded property and adjacent to the proposed
development (the calculation of storage area may not include minimum
setback requirements).
(d)
Vehicular parking shall not be permitted in any yard of any principal
building if that building is less than 6.0 m from the property line.
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(10)
Shipping Containers
(a)
(11)
Shipping Containers within this district are only allowed as an accessory
use to a Greenhouse and must meet the requirements in Section 80 of
this Bylaw.
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
(c)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(d)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(f)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(g)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(h)
Outdoor Storage shall comply with the regulations established in Section
67 and 76 of this Bylaw and be to the satisfaction of the Development
Authority.
(i)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw
(j)
Sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority as per
Section 76.
(k)
Tanks and Pressure Vessels shall comply with the regulations
established in Section 82 of this Bylaw and be to the satisfaction of the
Development Authority.
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96.
HC-RD HORTICULTURAL AND COMMERCIAL MIXED USE RESTRICTED DISTRICT
(1)
Purpose
The purpose of this district is to provide for horticultural, commercial and light
industrial uses that should not cause adverse impact on nearby residential areas.
This Land Use District is located within 300.0 m of the disposal area of a nonoperating landfill and consent has not been received from the Deputy Minister of
Alberta Environment to vary Section 13(3) of the Subdivision and Development
Regulations to issue Development Permits for a school, hospital, food
establishment or residences. These types of development and uses are not
permitted in this Land Use District.
Note: Refer to the map located in subsection (8) below and in Part IX, Land Use
District Maps for identification of the 300.0 m setback distance boundary from a
non-operating landfill.
(2)
Permitted Uses
Art and Craft Studio
Car Wash
Fitness Centre
Greenhouse
Household Service
Office
Personal Service
Pet Care Service
Public Utilities
Veterinary Clinic – Small Animal
(3)
Discretionary Uses – Development Officer
Accessory Building
Accessory Use
Automotive Paint and Body Shop
Automotive Repair and Service Shop
Automotive Sales and Rental
Building Supplies
Gas Bar
Liquor Store
Portable Garage and Shelter
Public Building or Quasi-Public Building
Public Utility Building
Recreational Vehicle Sales, Service or Rental
Research Facility
Retail Store (no food sales)
Service Station
Storage Yard-Mini Storage
Trade and Contractor Service
Warehouse (no food storage)
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Warehouse Store (no food storage)
(4)
Discretionary Uses - Commission
Tanks and Pressure Vessels
Shipping Containers
Recycling Facility
Similar Use
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
(b)
(c)
(d)
(e)
Lot Area
(i)
Service Station and Gas Bar: 929 m2
(ii)
Other Uses: 650 m2 or as otherwise required by the Development
Authority
Lot Width
(i)
Service Station and Gas Bar: 30.0 m
(ii)
Other Uses: 20.0 m or as otherwise required by the Development
Authority
Front Yard Setback
(i)
6.0 m or as required by the Development Authority
(ii)
Greenhouse: 1.5 m
Side Yard Setback
(i)
Greenhouse: 1.5 m
(ii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iii)
Other uses: 3.0 m and one (1) unobstructed 6.0 m, where no rear
lane is provided.
Rear Yard Setback
(i)
7.5 m or as otherwise required by the Development Authority
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(7)
Greenhouse: 1.5 m
(iii)
Accessory buildings: Shall be sited in accordance with Section 40.
Maximum Requirements
(a)
(b)
(8)
(ii)
Building Height
(i)
8.5 m or as otherwise required by the Development Authority
(ii)
Accessory buildings: 4.5 m
Lot Coverage
(i)
Greenhouse: As required by the Development Authority
(i)
Principal Buildings: 50% including accessory buildings
(ii)
Accessory Buildings: 15%
Reduced Landfill Setback
(a)
Refer to the map located below and in Part IX, Land Use District Maps for
identification of the 300.0 m setback distance boundary from the nonoperating landfill located within the Town of Redcliff.
(b)
In accordance with Section 13(5) of the Subdivision and Development
Regulation, parcels of land in this Land Use District has not received
consent from the Deputy Minister of Alberta Environment to vary Section
13(3) of the Subdivision and Development Regulations to issue
Development Permits for a school, hospital, food establishment or
residence within the 300.0 m setback distance from a non-operating
landfill. These types of development and uses are not permitted in this
Land Use District.
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(9)
Greenhouses
(a)
No doors in the rear yard are permitted which do not open completely on
the site.
(b)
No storage in the front and flankage yards unless it is screened from the
public view to the satisfaction of the Development Authority. Materials
used shall provide year-round screening.
(c)
Each individual operation shall provide a minimum of 185 m2 of storage
space to be located upon deeded property and adjacent to the proposed
development (the calculation of storage area may not include minimum
setback requirements).
(d)
Vehicular parking shall not be permitted in any yard of any principal
building if that building is less than 6.0 m from the property line.
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(10)
Shipping Containers
(a)
(11)
Shipping Containers within this district are only allowed as an accessory
use to a Greenhouse and must meet the requirements in Section 80 of
this Bylaw.
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
(c)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(d)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(f)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(g)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(h)
Outdoor Storage shall comply with the regulations established in Section
67 and 76 of this Bylaw and be to the satisfaction of the Development
Authority.
(i)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw
(j)
Sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority as per
Section 76.
(k)
Tanks and Pressure Vessels shall comply with the regulations
established in Section 82 of this Bylaw and be to the satisfaction of the
Development Authority.
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97.
I-1 LIGHT INDUSTRIAL DISTRICT
(1)
Purpose
The purpose of this district is to provide for a variety of manufacturing,
warehousing and other industrial uses, which are compatible with each other and
may require an outside storage component necessary to the operation of the
business. Additional uses that provide support to the industrial uses may be
appropriate.
(2)
Permitted Uses
Automotive Paint and Body Shop
Automotive Repair and Service Shop
Automotive Sales and Rental
Building Supplies
Car Wash
Convenience Store
Farmers’/Flea Market
Gas Bar
Household Service
Manufactured Home Sales and Service
Pet Care Service
Public Utilities
Recreational Vehicle Sales, Service or Rental
Service Station
Trade and Contractor Service
Veterinary Clinic – Small Animal
Warehouse
Warehouse Store
(3)
Discretionary Uses – Development Officer
Accessory Buildings
Accessory Uses
Commercial School
Drive-in Business
Equipment Sales, Rental, Storage
Farm Supplies and Service
Financial Institution
Fitness Centre
Greenhouse
Manufacturing, Light
Office
Oil and Gas Well Service Industries
Portable Garage and Shelter
Public Building or Quasi-Public Building
Public Utility Building
Publishing, Printing, Recording and Broadcasting Establishment
Research Facility
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Retail Store
Storage Yard-Mini Storage
Tanks and Pressure Vessels
Tent and Air Supported Structures
Transportation Service
Veterinary Clinic – Large Animal
(4)
Discretionary Uses – Commission
Adult Entertainment Facility on a site located at least 250.0 m from the nearest
dwelling unit, arena, school, religious assembly, child care facility, community
centre or park.
Asphalt, Aggregate and Concrete Plant
Auction Establishment
Bulk Fuel Station
Club
Custodial Quarters
Eating Establishment
Kennel
Manufacturing, Heavy
Recycling Facility
Salvage, Wrecking or Disassembly Operations
Shipping Container
Shipping Container Sales or Rental
Similar Use
Tanks and Pressure Vessels
Truck Terminal and Storage
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
(b)
(c)
Lot Area
(i)
557 m2 or as otherwise required by the Development Authority.
(ii)
Convenience Store, Service Station and Gas Bar: 929 m2
Lot Width
(i)
15.0 m or as otherwise required by the Development Authority
(ii)
Convenience Store, Service Station and Gas Bar: 30.0 m
Front Yard Setback
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(i)
(d)
(e)
Side Yard Setback
(i)
1.5 m
(ii)
One (1) unobstructed 6.0 m, where no rear lane is provided
Rear Yard Setback
(i)
(7)
Building Height
(i)
(b)
(9)
3.0 m however, the Development Authority may modify the rear
yard requirement if parking, loading and unloading facilities are
located at the rear of the building/ site.
Maximum Requirements
(a)
(8)
6.0 m however, the Development Authority may modify the front
yard requirement if overhead doors are located on the front face of
the building for vehicle access and egress.
12.0 m
Lot Coverage
(i)
Principal Buildings: 60% including accessory buildings
(ii)
Accessory Buildings: 15%
Storage
(a)
All outdoor storage should be located only to the rear of the main building
but may be located in the front or exterior side yard at the discretion of the
Development Authority.
(b)
All outdoor storage shall be accessory to the main use of the land or main
building on the site and shall comply with the yard and setback
requirements of this Section.
(c)
Display of new vehicles, new machinery, and new equipment may be
allowed in front of a proposed building, provided such display does not
encroach more than 3.0 m into the required front yard.
(d)
Outdoor Storage shall comply with the regulations established in Section
67 and 76 of this Bylaw and be to the satisfaction of the Development
Authority.
Performance Standards
(a)
Where, in the opinion of the Development Authority, a proposed
development may create an unacceptable environmental impact, an
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environmental impact assessment as per Section 53 may be required
prior to dealing with the application.
(10)
(b)
All uses in this District shall carry out their operations such that no
nuisance factor is created or transmitted beyond the walls of the building
housing the industrial operation. In general, nuisance factors shall
include objectionable or dangerous conditions caused by: noise, vibration,
smoke, dust, odor, toxic or noxious matter, radiation, flammable or
explosive materials, heat, humidity or glare.
(c)
The operation of all uses shall comply with the environmental and public
health performance standards of the Provincial Government.
(d)
Developments in this district shall comply with the regulations established
in Section 55 and 59 of this Bylaw and be to the satisfaction of the
Development Authority.
Site Development Requirements
(a)
Car Washes shall comply with the regulations established in Section 43 of
this Bylaw and be to the satisfaction of the Development Authority.
(b)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
(c)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(d)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(f)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(g)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(h)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw
(i)
Sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority as per
Section 76.
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(j)
Service Stations shall comply with the regulations established in Section
78 of this Bylaw and be to the satisfaction of the Development Authority.
(k)
Shipping Containers shall comply with the regulations established in
Section 80 of this Bylaw and be to the satisfaction of the Development
Authority.
(l)
Tanks and Pressure Vessels shall comply with the regulations
established in Section 82 of this Bylaw and be to the satisfaction of the
Development Authority.
(m)
Tent and Air Supported Structures shall comply with the regulations
established in Section 84 of this Bylaw and be to the satisfaction of the
Development Authority.
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98.
I-2 HEAVY INDUSTRIAL DISTRICT
(1)
Purpose
The purpose of this district is to provide for the development of industrial uses
which may not be compatible with surrounding non-industrial land uses due to
nuisance effects that may extend beyond the site.
(2)
Permitted Uses
Automotive Paint and Body Shop
Automotive Repair and Service Shop
Building Supplies
Car Wash
Equipment Sales, Rental, Service
Farm Supplies and Service
Gas Bar
Kennel
Manufacturing, Light
Oil and Gas Well Service Industries
Portable Garage and Shelter
Public Utilities
Research Facility
Service Station
Shipping Container
Shipping Container Sales or Rental
Storage Yard-Mini Storage
Tent and Air Supported Structures
Trade and Contractor Service
Truck Terminal and Storage
Veterinary Clinic – Large Animal
Veterinary Clinic – Small Animal
Warehouse
Warehouse Store
(3)
Discretionary Uses – Development Officer
Automotive Sales and Rental
Bulk Fuel Storage Depot
Greenhouse
Manufactured Home Sales and Service
Manufacturing, Heavy
Public Building or Quasi-Public Building
Public Utility Building
Publishing, Printing, Recording & Broadcasting Establishment
Recreational Vehicle Sales, Service or Rental
Tanks and Pressure Vessels
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(4)
Discretionary Uses – Commission
Adult Entertainment Facility on a site located at least 250 meters from the
nearest dwelling unit, arena, school, religious assembly, child care facility,
community centre or park
Asphalt, Aggregate and Concrete Plant
Auction Establishment
Custodial Quarters
Recycling Facility
Salvage, Wrecking or Disassembly Operations
Similar Use
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
Lot Area
(i)
(b)
Lot Width
(i)
(c)
(e)
30.0 m or as otherwise required by the Development Authority.
Front Yard Setback
(i)
(d)
2,000.0 m2 or as otherwise required by the Development
Authority.
6.0 m however, the Development Authority may modify the front
yard requirement if overhead doors are located on the front face of
the building for vehicle access and egress.
Side Yard Setback
(i)
3.0 m
(ii)
One (1) unobstructed 6.0 m, where no rear lane is provided.
Rear Yard Setback
(i)
3.0 m however, the Development Authority may modify the rear
yard requirement if parking, loading and unloading facilities are
located at the rear of the building/ site.
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(7)
Maximum Requirements
(a)
Building Height
(i)
(b)
(8)
(9)
15.0 m or as otherwise required by the Development Authority
Lot Coverage
(i)
Principal Buildings: 60% including accessory buildings
(ii)
Accessory Buildings: 15%
Storage
(a)
All outdoor storage should be located only to the rear of the main building
but may be located in the front or exterior side yard at the discretion of the
Development Authority.
(b)
All outdoor storage shall be accessory to the main use of the land or main
building on the site and shall comply with the yard and setback
requirements of this Section.
(c)
Display of new vehicles, new machinery, and new equipment may be
allowed in front of a proposed building, provided such display does not
encroach more than 3.0 m into the required front yard.
(d)
Outdoor Storage shall comply with the regulations established in Section
67 and 76 of this Bylaw and be to the satisfaction of the Development
Authority.
Performance Standards
(a)
The applicant shall submit information describing any noxious, dangerous
or offensive feature of the proposed use in relation to airborne pollutants
or odors; the release of any toxic, radioactive or environmentally
hazardous materials; and flammable or explosive materials.
(b)
The information required in subsection (9)(a) above shall be certified by a
professional environmental or chemical engineer and indicate the
intensity and area of impact from any noxious, dangerous or offensive
features. The Development Authority may consult with the appropriate
Provincial authorities as necessary and attach such conditions to a
Development Permit as he considers necessary to protect the safety and
amenity of surrounding developments.
(c)
Industrial uses which emit airborne pollutants or noxious odors of which
have fire or explosive risks will be required to meet minimum separation
distances from residential areas and also from other industrial
developments in accordance with the requirements of Provincial
Legislation.
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(10)
(d)
Where, in the opinion of the Development Authority, a proposed
development may create an unacceptable environmental impact, an
environmental impact assessment as per Section 53 may be required
prior to dealing with the application.
(e)
The operation of all uses shall comply with the environmental and public
health performance standards of the Provincial Government.
(f)
Developments in this district shall comply with the regulations established
in Section 55 and 59 of this Bylaw and be to the satisfaction of the
Development Authority.
Site Development Requirements
(a)
Car Washes shall comply with the regulations established in Section 43 of
this Bylaw and be to the satisfaction of the Development Authority.
(b)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
(c)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(d)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(f)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(g)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(h)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw
(i)
Sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority as per
Section 76.
(j)
Service Stations shall comply with the regulations established in Section
78 of this Bylaw and be to the satisfaction of the Development Authority.
(k)
Shipping Containers shall comply with the regulations established in
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Section 80 of this Bylaw and be to the satisfaction of the Development
Authority.
(l)
Tanks and Pressure Vessels shall comply with the regulations
established in Section 82 of this Bylaw and be to the satisfaction of the
Development Authority.
(m)
Tent and Air Supported Structures shall comply with the regulations
established in Section 84 of this Bylaw and be to the satisfaction of the
Development Authority.
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99.
P-1 PARK AND RECREATION DISTRICT
(1)
Purpose
The purpose of this district is to provide for the development of park, recreational,
cultural or open space uses.
(2)
Permitted Uses
Natural Amenity Areas/Open Space
Parks and Playgrounds
Public Utilities
(3)
Discretionary Uses – Development Officer
Amusement Facility
Club
Cultural Facility
Indoor Recreation Facility
Outdoor Recreation Facility
Public Building or Quasi-Public Building
Public Utility Building
Tourist Information Centre
(4)
Discretionary Uses – Commission
Campground
Cemetery
Golf Course
Similar Use
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum and Maximum Requirements
(a)
Where other regulations in this Bylaw prescribe standards of development
for the proposed development, such regulations shall apply.
(b)
Where no regulations are prescribed in this Bylaw, the Development
Authority shall determine development standards having regard to the
availability of services including water and sewer, impacts on adjacent
land uses, traffic generation, storm water drainage, amenity
considerations and other relevant considerations.
(c)
As part of the development application review, proposed developments in
this district may be required to provide a comprehensive site plan to the
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satisfaction of the Development Authority.
(7)
Reserve Requirements
(a)
Notwithstanding the provisions of this Bylaw, lands which have been
dedicated as municipal reserve, school reserve or environmental reserve
pursuant to the Act; shall only be used in accordance with the provisions
of the Act.
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100.
PS PUBLIC AND SEMI-PUBLIC SERVICE DISTRICT
(1)
Purpose
The purpose of this district is to provide for the development of buildings and
uses involving social, education, governmental and other public services.
(2)
Permitted Uses
Child Care Facility
Club
Office
Public Building or Quasi-Public Buildings
Public Utilities
(3)
Discretionary Uses – Development Officer
Accessory Buildings
Accessory Uses
Indoor Recreation Facility
Medical and Health Office
Outdoor Recreation Facility
Protective Services
Parks and Playgrounds
Public Utility Building
Religious Assembly
Senior Citizen Residential
(4)
Discretionary Uses – Commission
Assisted Living
Campground
Cemetery
Education Facility
Farmers’/Flea Market
Group Care Facility
Hospital
Nursing Home
Recycling Facility
Similar Use
Tourist Information Centre
(5)
General Requirements
(a)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
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(6)
(7)
Minimum and Maximum Requirements
(a)
Where other regulations in this Bylaw prescribe standards of development
for the proposed development, such regulations shall apply.
(b)
Where no regulations are prescribed in this Bylaw, the Development
Authority shall determine development standards having regard to the
availability of services including water and sewer, impacts on adjacent
land uses, traffic generation, storm water drainage, amenity
considerations and other relevant considerations.
(c)
As part of the development application review, proposed developments in
this district may be required to provide a comprehensive site plan to the
satisfaction of the Development Authority.
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(a)
The site plan including the relationship between buildings, structures and
open spaces; the architectural design of the building, design of
landscaped open space; and the parking layout shall be subject to
approval by the Development Authority.
(b)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
(c)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(d)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(f)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(g)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(h)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw
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(i)
Sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority as per
Section 76.
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101.
R-1 SINGLE FAMILY RESIDENTIAL DISTRICT
(1)
Purpose
The purpose of this district is primarily to provide for low density single-family
residential development.
(2)
Permitted Uses
Public Utilities
Single Detached Dwelling
(3)
Discretionary Uses – Development Officer
Accessory Building
Accessory Use
Carport
Garage
Home Occupation
Hot Tub
Private Swimming Pool
(4)
Discretionary Uses – Commission
Bed and Breakfast
Day Home
Duplex
Garden Suite
Group Care Facility
Modular Home
Portable Garage and Shelter
Public Building or Quasi-Public Building
Public Utility Building
Secondary Suite
Semi Detached Dwelling
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
Lot Area
(i)
Single Detached Dwelling: 450 m2
(ii)
Duplex: 464 m2
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(b)
(c)
(d)
(e)
(7)
(iii)
Semi-Detached Dwelling: 250 m2 for each unit
(iv)
Other Uses: As required by the Development Authority
Lot Width
(i)
Single Detached Dwelling: 12.0 m, 15.0 m for corner sites
(ii)
Duplex: 15.0 m, 18.0 m for corner sites
(iii)
Semi-Detached Dwelling: 7.5 m for each unit, 9.0 m for corner
sites
(iv)
Other Uses: As required by the Development Authority
Front Yard Setback
(i)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 6.0
m
(ii)
Other Uses: As required by the Development Authority
Side Yard Setback
(i)
Single Detached Dwelling and Duplex, 1.5 m, 3.0 m on flankage
(ii)
Semi-Detached Dwelling: No side yard is required for adjoining
units
(iii)
One (1) unobstructed 3.0 m, where no rear lane is provided and
rear yard vehicular access is proposed..
(iv)
Accessory buildings: Shall be sited in accordance with Section 40.
Rear Yard Setback
(i)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 6.0
m
(ii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iii)
Other Uses: As required by the Development Authority
Maximum Requirements
(a)
Building Height
(i)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 11.0
m
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(b)
(8)
(ii)
Accessory buildings: 4.5 m
(iii)
Other Uses: As required by the Development Authority
Lot Coverage
(i)
Principal Building: 45% including accessory buildings
(ii)
Accessory Buildings: 15%
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Vehicular parking shall not be permitted in the front yard of any principal
building if that building is less than 6.0 m from the property line.
(c)
Accessory Buildings shall comply with the regulations established in
Section 40 of this Bylaw and be to the satisfaction of the Development
Authority.
(d)
Bed and Breakfasts shall comply with the regulations established in
Section 42 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(f)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(g)
Home Occupations shall comply with the regulations established in
Section 60 of this Bylaw and be to the satisfaction of the Development
Authority.
(h)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(i)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(j)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
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(k)
Objects and Vehicles Prohibited in Residential Districts are established in
Section 66 of this Bylaw.
(l)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw.
(m)
Swimming Pools and Hot Tubs shall comply with the regulations
established in Section 69 of this Bylaw and be to the satisfaction of the
Development Authority.
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102.
R-1A LOW DENSITY REDUCED LANDFILL SETBACK RESIDENTIAL DISTRICT
(1)
Purpose
The purpose of this district is to provide for low density residential development in
the form of single detached dwelling, duplex and semi-detached dwelling housing
types within a reduced setback distance from a non-operating landfill site. In
accordance with Section 13(3) of the Subdivision and Development Regulation,
the Town of Redcliff has received written consent from the Deputy Minister of
Environment to reduce the minimum setback distance from a non-operating
landfill site.
Note: Refer to the map located in subsection (8) below and in Part X, Land Use
District Maps for identification of the 300.0 m setback distance boundary from a
non-operating landfill.
(2)
Permitted Uses
Public Utilities
Single Detached Dwelling
(3)
Discretionary Uses – Development Officer
Accessory Building
Accessory Use
Carport
Duplex
Garage
Home Occupation
Hot Tub
Private Swimming Pool
Semi-Detached Dwelling
(4)
Discretionary Uses – Commission
Bed and Breakfast
Child Care Facility
Day Home
Fourplex
Garden Suite
Group Care Facility
Modular Home
Portable Garage and Shelter
Public Building or Quasi-Public Building
Secondary Suite
Triplex
(5)
General Requirements
(a)
In addition to the general land use provisions contained in Part VII of this
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Bylaw No. 1698/2011
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
(6)
Minimum Requirements
(a)
(b)
(c)
(d)
Lot Area
(i)
Single Detached Dwelling: 450 m2
(ii)
Duplex: 464 m2
(iii)
Semi-Detached Dwelling: 250 m2 for each unit
(iv)
Other Uses: As required by the Development Authority
Lot Width
(i)
Single Detached Dwelling: 12.0 m, 15.0 m for corner sites
(ii)
Duplex: 15.0 m, 18.0 m for corner sites
(iii)
Semi-Detached Dwelling: 7.5 m for each unit, 9.0 m for units on
corner sites
(iv)
Other Uses: As required by the Development Authority
Front Yard Setback
(i)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 6.0
m
(ii)
Other Uses: As required by the Development Authority
Side Yard Setback
(i)
Single Detached Dwelling and Duplex, 1.5 m, 3.0 m on flankage
(ii)
Semi-Detached Dwelling: No side yard is required for adjoining
units
(iii)
One (1) unobstructed 3.0 m, where no rear lane is provided and
rear yard vehicular access is proposed..
(iv)
Accessory buildings: Shall be sited in accordance with Section 40.
(v)
Other Uses: As required by the Development Authority
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Bylaw No. 1698/2011
(e)
(7)
(i)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 6.0
m
(ii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iii)
Other Uses: As required by the Development Authority
Maximum Requirements
(a)
(b)
(8)
Rear Yard Setback
Building Height
(i)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 11.0
m
(ii)
Accessory buildings: 4.5 m
(iii)
Other Uses: As required by the Development Authority
Lot Coverage
(i)
Principal Buildings: 45% including accessory buildings
(ii)
Accessory Buildings: 15%
Reduced Landfill Setback
(a)
Refer to the map located below and in Part X, Land Use District Maps for
identification of the 300.0 m setback distance boundary from the nonoperating landfill located within the Town of Redcliff.
(b)
In accordance with Section 13(5) of the Subdivision and Development
Regulation, parcels of land in this Land Use District have received
consent from the Deputy Minister of Alberta Environment to vary Section
13(3) of the Subdivision and Development Regulations to issue
Development Permits for a school, hospital, food establishment or
residence within the 300.0 m setback distance from a non-operating
landfill.
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(9)
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Vehicular parking shall not be permitted in the front yard of any principal
building if that building is less than 6.0 m from the property line.
(c)
Accessory Buildings shall comply with the regulations established in
Section 40 of this Bylaw and be to the satisfaction of the Development
Authority.
(d)
Bed and Breakfasts shall comply with the regulations established in
Section 42 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Fencing shall comply with the regulations established in Section 56 of this
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Bylaw No. 1698/2011
Bylaw and be to the satisfaction of the Development Authority.
(f)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(g)
Home Occupations shall comply with the regulations established in
Section 60 of this Bylaw and be to the satisfaction of the Development
Authority.
(h)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(i)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(j)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(k)
Objects and Vehicles Prohibited in Residential Districts are established in
Section 66 of this Bylaw.
(l)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw.
(m)
Swimming Pools and Hot Tubs shall comply with the regulations
established in Section 69 of this Bylaw and be to the satisfaction of the
Development Authority.
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103.
R-2 LOW DENSITY RESIDENTIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for low density residential
development where single detached dwelling, duplex and semi-detached
dwelling housing types may be permitted.
(2)
Permitted Uses
Duplex
Public Utilities
Semi-Detached Dwelling
Single Detached Dwelling
(3)
Discretionary Uses – Development Officer
Accessory Building
Accessory Use
Carport
Garage
Home Occupation
Hot Tub
Private Swimming Pool
(4)
Discretionary Uses – Commission
Bed and Breakfast
Child Care Facility
Day Home
Fourplex
Garden Suite
Group Care Facility
Modular Home
Public Building or Quasi-Public Building
Portable Garage and Shelter
Secondary Suite
Triplex
(5)
General Requirements
(a)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
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(6)
Minimum Requirements
(a)
(b)
(c)
(d)
(e)
Lot Area
(i)
Single Detached Dwelling: 450 m2
(ii)
Duplex: 464 m2
(iii)
Semi-Detached Dwelling: 250m2 for each unit
(iv)
Other Uses: As required by the Development Authority
Lot Width
(i)
Single Detached Dwelling: 12.0 m, 15.0 m for corner sites
(ii)
Duplex: 15.0 m, 18.0 m for corner sites
(iii)
Semi-Detached Dwelling: 7.5 m for each unit, 9.0 m for corner
sites
(iv)
Other Uses: As required by the Development Authority
Front Yard Setback
(i)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 6.0
m
(ii)
Other Uses: As required by the Development Authority
Side Yard Setback
(i)
Single Detached Dwelling and Duplex, 1.5 m, 3.0 m on flankage
(ii)
Semi-Detached Dwelling: No side yard is required on adjoining
units
(iii)
One (1) unobstructed 3.0 m, where no rear lane is provided and
rear yard vehicular access is proposed.
(iv)
Accessory buildings: Shall be sited in accordance with Section 40.
(v)
Other Uses: As required by the Development Authority
Rear Yard Setback
(i)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 6.0
m
(ii)
Accessory buildings: Shall be sited in accordance with Section 40.
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Bylaw No. 1698/2011
(iii)
(7)
Maximum Requirements
(a)
(b)
(8)
Other Uses: As required by the Development Authority
Building Height
(i)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 11.0
m
(ii)
Accessory buildings: 4.5 m
(iii)
Other Uses: As required by the Development Authority
Lot Coverage
(i)
Principal Buildings: 45% including accessory buildings
(ii)
Accessory Buildings: 15%
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Vehicular parking shall not be permitted in the front yard of any principal
building if that building is less than 6.0 m from the property line.
(c)
Accessory Buildings shall comply with the regulations established in
Section 40 of this Bylaw and be to the satisfaction of the Development
Authority.
(d)
Bed and Breakfasts shall comply with the regulations established in
Section 42 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(f)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(g)
Home Occupations shall comply with the regulations established in
Section 60 of this Bylaw and be to the satisfaction of the Development
Authority.
(h)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
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Bylaw No. 1698/2011
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(i)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(j)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(k)
Objects and Vehicles Prohibited in Residential Districts are established in
Section 66 of this Bylaw.
(l)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw.
(m)
Swimming Pools and Hot Tubs shall comply with the regulations
established in Section 69 of this Bylaw and be to the satisfaction of the
Development Authority.
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104.
R-3 MEDIUM DENSITY RESIDENTIAL DISTRICT
(1)
Purpose
The purpose of this district is to provide for higher density residential
development in the form of fourplexes, townhouses, apartments and similar
developments.
(2)
Permitted Uses
Fourplex
Public Utilities
Townhouse Dwelling
Triplex
(3)
Discretionary Uses – Development Officer
Accessory Building
Accessory Use
Apartment Building
Carport
Garage
Home Occupation
Hot Tub
Private Swimming Pool
(4)
Discretionary Uses – Commission
Assisted Living
Child Care Facility
Day Home
Duplex
Group Care Facility
Nursing Home
Portable Garage and Shelter
Semi Detached Dwelling
Senior Citizen Housing
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
Lot Area
(i)
Duplex: 464 m2
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(b)
(c)
(d)
(ii)
Semi-Detached Dwelling: 250 m2 for each unit
(iii)
Townhouse: 225 m2 for interior units, 279 m2 for exterior units
(iv)
Triplex: 550 m2
(v)
Fourplex and Apartment: 929 m2
(vi)
Other Uses: As required by the Development Authority
Lot Width
(i)
Duplex and Triplex: 15.0 m, 18.0 m for corner sites
(ii)
Semi-Detached Dwelling: 7.5 m for each unit, 9.0 m for corner
sites
(iii)
Townhouse: 6.0 m for interior units, 7.5 m for exterior units, 9.0 m
for corner sites
(iv)
Fourplex and Apartment: 24.0 m
(v)
Other Uses: As required by the Development Authority
Front Yard Setback
(i)
Duplex, Semi-Detached Dwelling, Triplex, Fourplex, Townhouse:
6.0 m
(ii)
Apartment: 7.5 m
(iii)
Other Uses: As required by the Development Authority
Side Yard Setback
(i)
Duplex, Semi-Detached Dwelling, Triplex: 1.5 m, 3.0 m on
flankage except for adjoining units of multi-dwelling units where no
side yard is required.
(ii)
Fourplex, Townhouse, Apartment: 3.0 m, 4.5 m on flankage
except for adjoining units of multi-dwelling units where no side
yard is required.
(iii)
One (1) unobstructed 3.0 m, where no rear lane is provided and
rear yard vehicular access is proposed.
(iv)
Accessory buildings: Shall be sited in accordance with Section 40.
(v)
Other Uses: As required by the Development Authority
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(e)
(7)
(i)
Duplex, Semi-Detached Dwelling: 6.0 m
(ii)
Triplex, Fourplex, Townhouse and Apartment: 7.5 m
(iii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iv)
Other Uses: As required by the Development Authority
Maximum Requirements
(a)
(b)
(8)
Rear Yard Setback
Building Height
(i)
Duplex, Semi-Detached Dwelling, Triplex, Fourplex, Townhouse:
11.0 m
(ii)
Apartment: 12 m
(iii)
Accessory buildings: 4.5 m
(iv)
Other Uses: As required by the Development Authority
Lot Coverage
(i)
Duplex, Semi-Detached Dwelling, Triplex, Fourplex: 45% including
accessory buildings
(ii)
Apartment: 55% including accessory buildings
(iii)
Accessory Buildings: 15%
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Vehicular parking shall not be permitted in the front yard of any principal
building if that building is less than 6.0 m from the property line.
(c)
Accessory Buildings shall comply with the regulations established in
Section 40 of this Bylaw and be to the satisfaction of the Development
Authority.
(d)
Amenity Spaces shall comply with the regulations established in Section
41 of this Bylaw and be to the satisfaction of the Development Authority.
(e)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
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(f)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(g)
Home Occupations shall comply with the regulations established in
Section 60 of this Bylaw and be to the satisfaction of the Development
Authority.
(h)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(i)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(j)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(k)
Objects and Vehicles Prohibited in Residential Districts are established in
Section 66 of this Bylaw.
(l)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw.
(m)
Swimming Pools and Hot Tubs shall comply with the regulations
established in Section 69 of this Bylaw and be to the satisfaction of the
Development Authority.
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105.
R-4 MANUFACTURED HOME RESIDENTIAL DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for a manufactured home
residential neighbourhood in which manufactured homes are accommodated on
an individual site basis with permanent foundations and individual service
connections.
(2)
Permitted Uses
Manufactured Home
Modular Home
Public Utilities
(3)
Discretionary Uses – Development Officer
Accessory Building
Accessory Use
Carport
Garage
Home Occupation
Hot Tub
Private Swimming Pool
(4)
Discretionary Uses – Commission
Child Care Facility
Day Home
Duplex
Mobile Home
Portable Garage and Shelter
Public Building or Quasi-Public Building
Single Detached Dwelling
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
Lot Area
(i)
Manufactured Home and Modular Home: 425 m2
(ii)
Single Detached Dwelling: 450 m2
(iii)
Duplex: 464 m2
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(iv)
(b)
(c)
(d)
(e)
(7)
Other Uses: As required by the Development Authority
Lot Width
(i)
Manufactured Home, Modular Home and Single Detached
Dwelling: 12.0m, 15.0 m for corner sites
(ii)
Duplex: 15.0 m, 18.0 m for corner sites
(iii)
Other Uses: As required by the Development Authority
Front Yard Setback
(i)
Manufactured Home and Modular Home: 4.5 m
(ii)
Single Detached Dwelling, Duplex: 6.0 m
(iii)
Other Uses: As required by the Development Authority
Side Yard Setback
(i)
Manufactured Home and Modular Home: 4.5 m on the side wall
containing the main entrance door and 1.5 m on the other side.
(ii)
Single Detached Dwelling, Duplex: 1.5 m, 3.0 m on flankage.
(iii)
One (1) unobstructed 3.0 m, where no rear lane is provided and
rear yard vehicular access is proposed.
(iv)
Accessory buildings: Shall be sited in accordance with Section 40.
(v)
Other Uses: As required by the Development Authority
Rear Yard Setback
(i)
Manufactured Home and Modular Home: 4.5 m
(ii)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 6.0
m
(iii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iv)
Other Uses: As required by the Development Authority
Maximum Requirements
(a)
Building Height
(i)
Manufactured Home and Modular Home: 6.0 m
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(b)
(8)
(9)
(ii)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 11.0
m
(iii)
Accessory buildings: 4.5 m
(iv)
Other Uses: As required by the Development Authority
Lot Coverage
(i)
Principal Buildings: 45% including accessory buildings
(ii)
Accessory Buildings: 15%
Manufactured Home Requirements
(a)
Manufactured homes shall be placed upon a foundation in accordance
with the Alberta Building Code.
(b)
The base of the manufactured home shall be completely enclosed with
fireproof material of similar design to the manufactured home exterior.
(c)
All manufactured homes permitted in this district shall comply with the
Canadian Standards Association Regulation (C.S.A. z240.7.1-1972, as
amended). Any manufactured home constructed prior to 1972 shall be
inspected by a Safety Codes Officer before locating on a site in the
district.
(d)
All accessory structures, additions, porches, skirting, and storage facilities
shall be of a quality and appearance equivalent to the manufactured
home, and shall match and complement the manufactured home.
(e)
The trailer hardware (axles, wheels) shall be removed from the
manufactured home within thirty (30) days of placement on site. Hitches,
when not detached, shall be screened to the satisfaction of the
Development Authority prior to the installation of the manufactured home
on piers or a foundation.
(f)
Any addition to a manufactured home unit shall be similar in design,
construction and appearance to the unit itself.
Additions to a
manufactured home shall have a foundation equivalent to that of the
manufactured home.
(g)
Each manufactured home shall be connected to and serviced by the
Town's sanitary and storm sewers and water supply.
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
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(b)
Vehicular parking shall not be permitted in the front yard of any principal
building if that building is less than 6.0 m from the property line.
(c)
Accessory Buildings shall comply with the regulations established in
Section 40 of this Bylaw and be to the satisfaction of the Development
Authority.
(d)
Amenity Spaces shall comply with the regulations established in Section
41 of this Bylaw and be to the satisfaction of the Development Authority.
(e)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(f)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(g)
Home Occupations shall comply with the regulations established in
Section 60 of this Bylaw and be to the satisfaction of the Development
Authority.
(a)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(h)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(i)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(j)
Objects and Vehicles Prohibited in Residential Districts are established in
Section 66 of this Bylaw.
(k)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw.
(l)
Swimming Pools and Hot Tubs shall comply with the regulations
established in Section 69 of this Bylaw and be to the satisfaction of the
Development Authority.
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106.
R-E1 RESIDENTIAL ESTATES DISTRICT
(1)
Purpose
The purpose of this district is to provide for large-lot estate type single-detached
dwellings within a small community setting and free from incompatible uses.
(2)
Permitted Uses
Public Utilities
Single Detached Dwelling
(3)
Discretionary Uses – Development Officer
Accessory Buildings
Accessory Uses
Carport
Garage
Home Occupation
Hot Tub
Portable Garage and Shelter
Private Swimming Pool
(4)
Discretionary Uses – Commission
Bed and Breakfast
Child Care Facility
Day Home
Garden Suite
Portable Garage and Shelter
Public Building or Quasi-Public Building
Secondary Suite
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
Lot Area
(i)
No sewage collection system - 1,800 m2
(ii)
Water distribution and sewage collection system - 800 m2
(iii)
Notwithstanding subsection (6)(a)(i) and (ii) 1,537 m2 for the most
westerly 250 feet (76.2 m) of Josephine Avenue in Plan 372 JK
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(b)
(c)
Lot Width
(i)
No sewage collection system: 30.0 m
(ii)
Water distribution and sewage collection system: 20.0 m
(iii)
Notwithstanding subsection (6)(b)(i) and (ii) 20.1 m for the most
westerly 250 feet (76.2 m) of Josephine Avenue in Plan 372 JK
(iv)
Notwithstanding subsection (6)(a)(i) and (ii) 19.5 m for Lot 3, Block
3, Plan 0614776
Front Yard Setback
(i)
(d)
(e)
(7)
Principal Building: 7.5 m or as otherwise required by the
Development Authority
Side Yard Setback
(i)
Principal Building: 3.0 m, 5.0 m on flankage or as otherwise
required by the Development Authority
(ii)
Accessory buildings: Shall be sited in accordance with Section 40.
Rear Yard Setback
(i)
Principal Building: 7.5 m or as otherwise required by the
Development Authority
(ii)
Accessory buildings: Shall be sited in accordance with Section 40.
Maximum Requirements
(a)
(b)
Building Height
(i)
Principal Building: 11.0 m
(ii)
Accessory buildings: 4.5 m
(iii)
Other Uses: As required by the Development Authority
Lot Coverage
(i)
Principal Buildings: 45% including accessory buildings
(ii)
Accessory Buildings: 15%
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(8)
(9)
Home Occupations
(a)
Notwithstanding Section 60, no retail sales from home occupations shall
be allowed.
(b)
Notwithstanding Section 60, the use or storage of tractor-trailers, semitrucks or heavy equipment shall not be permitted as part of a home
occupation.
(c)
Home Occupations shall comply with the regulations established in
Section 60 of this Bylaw and be to the satisfaction of the Development
Authority.
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Accessory Buildings shall comply with the regulations established in
Section 40 of this Bylaw and be to the satisfaction of the Development
Authority.
(c)
Amenity Spaces shall comply with the regulations established in Section
41 of this Bylaw and be to the satisfaction of the Development Authority.
(d)
Bed and Breakfasts shall comply with the regulations established in
Section 42 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(f)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(g)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(h)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(i)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(j)
Objects and Vehicles Prohibited in Residential Districts are established in
Section 66 of this Bylaw.
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(k)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw.
(l)
Swimming Pools and Hot Tubs shall comply with the regulations
established in Section 69 of this Bylaw and be to the satisfaction of the
Development Authority.
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107.
RT - RESIDENTIAL TRANSITION DISTRICT
(1)
Purpose
The purpose and intent of this district is to provide for single-detached and
multiple unit residential development as well as low intensity commercial and
industrial uses. Commercial and industrial uses in this district should not
generate inappropriate truck traffic or high traffic on adjacent residential roads
nor should uses cause adverse impact on nearby residential areas. The intent of
this district is to provide for a wider range of residential and complimentary uses
as a transition between industrial and non-industrial uses.
(2)
Permitted Uses
Art and Craft Studio
Convenience Store
Financial Institution
Fitness Studio
Household Service
Liquor Store
Office
Personal Service
Pet Care Service
Public Utilities
Retail Store
(3)
Discretionary Uses – Development Officer
Accessory Building
Accessory Use
Amusement Facility
Car Wash
Carport
Club
Commercial School
Drinking Establishment
Duplex
Eating Establishment
Garage
Greenhouse
Home Occupation
Hot Tub
Medical and Health Office
Private Swimming Pool
Public Building or Quasi-Public Building
Religious Assembly
Semi-Detached Dwelling
Single Detached Dwelling
Veterinary Clinic – Small Animal
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(4)
Discretionary Uses - Commission
Automotive Paint and Body Shop
Automotive Repair and Service Shop
Building Supplies
Child Care Facility
Day Home
Equipment Sales, Rental, Service
Fourplex
Garden Suite
Gas Bar
Group Care Facility
Manufacturing, Light
Modular Home
Oil and Gas Well Service Industries
Portable Garage and Shelter
Recycling Facility
Secondary Suite
Service Station
Similar Use
Storage Yard – Mini Storage
Tanks and Pressure Vessels
Townhouse
Trade and Contractor Service
Triplex
Warehouse
Warehouse Store
(5)
General Requirements
(a)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum Requirements
(a)
Lot Area
(i)
Single Detached Dwelling: 450 m2
(ii)
Duplex: 464 m2
(iii)
Semi-Detached Dwelling: 250 m2 for each unit
(iv)
Convenience Store, Service Station and Gas Bar: 929 m2
(v)
Other Uses: 450 m2 or as otherwise required by the Development
Authority
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(b)
(c)
Lot Width
(i)
Single Detached Dwelling and Duplex: 15.0 m, 18.0 m for corner
sites
(ii)
Semi-Detached Dwelling: 7.5 m for each unit, 9.0 m for corner
sites
(iii)
Convenience Store, Service Station and Gas Bar: 30.0 m
(iv)
Other Uses: 15.0 m or as otherwise required by the Development
Authority
Front Yard Setback
(i)
(d)
(e)
(7)
6.0 m or as otherwise required by the Development Authority
Side Yard Setback
(i)
Single Detached Dwelling and Duplex: 1.5 m, 3.0 m on flankage
(ii)
Semi-detached Dwelling: No side yard is required for adjoining
units.
(iii)
Accessory buildings: Shall be sited in accordance with Section 40.
(iv)
Other uses: 3.0 m and one (1) unobstructed 6.0 m, where no rear
lane is provided.
Rear Yard Setback
(i)
Single Detached Dwelling, Semi-Detached Dwelling and Duplex:
6.0 m
(ii)
7.5 m or as required by the Development Authority
(iii)
Accessory buildings: Shall be sited in accordance with Section 40.
Maximum Requirements
(a)
Building Height
(i)
Single Detached Dwelling, Duplex, Semi-Detached Dwelling: 11.0
m
(ii)
Accessory buildings: 4.5 m
(iii)
Other Uses: As required by the Development Authority
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(b)
(8)
(9)
(10)
Lot Coverage
(i)
Principal Buildings: 45% including accessory buildings
(ii)
Accessory Buildings: 15%
Outdoor Storage
(a)
Notwithstanding any other provisions in this Bylaw, outdoor storage areas
shall not be permitted unless it can be demonstrated to the Development
Authority that such activity would not have a negative impact on
residential uses in the area.
(b)
Notwithstanding (8)(a) or any other provision in this Bylaw, no front yard
storage shall be permitted.
(c)
For any outdoor storage areas that abut a dwelling with or without an
intervening lane, screening to a minimum height of 1.8 m shall be
provided by fences, privacy walls, landscaping, or combinations thereof.
Materials used shall provide year-round screening.
(d)
Outdoor Storage shall comply with the regulations established in Section
67 and 76 of this Bylaw and be to the satisfaction of the Development
Authority.
Performance Standards
(a)
Where, in the opinion of the Development Authority, a proposed
development may create an unacceptable environmental impact, an
environmental impact assessment as per Section 53 may be required
prior to dealing with the application.
(b)
All uses in this District shall carry out their operations such that no
nuisance factor is created or transmitted beyond the walls of the building
housing the industrial operation. In general, nuisance factors shall
include objectionable or dangerous conditions caused by: noise, vibration,
smoke, dust, odor, toxic or noxious matter, radiation, flammable or
explosive materials, heat, humidity or glare.
(c)
The operation of all uses shall comply with the environmental and public
health performance standards of the Provincial Government.
Site Development Requirements
(a)
The orientation of buildings and site features shall have minimum adverse
effects on surrounding residential properties.
(b)
Vehicles entrances and exits shall comply with the regulations
established in Section 52 of this Bylaw and be to the satisfaction of the
Development Authority.
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(c)
Fencing shall comply with the regulations established in Section 56 of this
Bylaw and be to the satisfaction of the Development Authority.
(d)
Garbage containers shall comply with the regulations established in
Section 58 of this Bylaw and be to the satisfaction of the Development
Authority.
(e)
Any application for a discretionary use within 800.0 m of another
municipality is required to be circulated to that municipality for comment
prior to a decision by the Development Authority for consideration. See
Section 61 IDP Urban Referral Requirements.
(f)
Landscaping shall comply with the regulations established in Section 62
of this Bylaw and be to the satisfaction of the Development Authority.
(g)
On-site lighting shall comply with the regulations established in Section
63 of this Bylaw and be to the satisfaction of the Development Authority.
(h)
All approved uses shall meet the parking and loading requirements
established in Section 68 of this Bylaw
(i)
Sites abutting a residential district shall be screened from the view of the
residential district to the satisfaction of the Development Authority as per
Section 76.
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108.
TU TRANSPORTATION AND UTILITIES DISTRICT
(1)
Purpose
The purpose of this district is to provide for the development of transportation and
utilities.
(2)
Permitted Uses
Public Utilities
Railway and Railway Related Uses
(3)
Discretionary Uses – Development Officer
Accessory Use
Accessory Building
Public Utility Building
Public Building or Quasi-Public Building
(4)
Discretionary Uses – Commission
Asphalt, Aggregate and Concrete Plant
Custodial Quarters
Shipping Containers
Similar Use
Storage Yard
(5)
General Requirements
(j)
(6)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum and Maximum Requirements
(a)
Where other regulations in this Bylaw prescribe standards of development
for the proposed development, such regulations shall apply.
(b)
Where no regulations are prescribed in this Bylaw, the Development
Authority shall determine development standards having regard to the
availability of services including water and sewer, impacts on adjacent
land uses, traffic generation, storm water drainage, amenity
considerations and other relevant considerations.
(c)
As part of the development application review, proposed developments in
this district may be required to provide a comprehensive site plan to the
satisfaction of the Development Authority.
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109.
UR URBAN RESERVE DISTRICT
(1)
Purpose
The purpose of this district is to protect land suited for urban development from
premature subdivisions and developments until development of the land can
proceed in an orderly fashion consistent with the Municipal Development Plan,
Intermunicipal Development Plan and any Area Structure Plan in effect.
(2)
Permitted Uses
Farm
Public Utilities
(3)
Discretionary Uses – Development Officer
Accessory Buildings
Accessory Uses
Agricultural Building
Home Occupation
(4)
Discretionary Uses – Commission
Asphalt, Aggregate and Concrete Plant
Campground
Cemetery
Greenhouse
Kennel
Manufactured Home – on existing parcels only
Modular Home – on existing parcels only
Single Detached Dwelling – on existing parcels only
Storage Yard-Mini Storage
(5)
General Requirements
(a)
(6)
Minimum and Maximum Requirements
(a)
(7)
In addition to the general land use provisions contained in Part VII of this
Bylaw, the following provisions as contained within this Section shall
apply to every development in this district.
Minimum and maximum requirements shall be determined by the
Development Authority and shall take into account the general purpose of
the district and the existing uses and prospective uses of land in the
vicinity.
Subdivision
(a)
No subdivision shall take place until an area structure plan of the area
has been approved. The Development Authority shall be satisfied prior to
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the granting of a permit, that the proposed use will not prejudice the
orderly development of the area including the future establishment of a
commercial, industrial, recreational and service facility on a neighborhood
and community basis.
(8)
Dwelling Units
(a)
(9)
New residential dwellings shall be designed to facilitate removal of the
dwelling unit when urban density development occurs.
Expansion of Existing Uses
(a)
The Development Authority may allow a limited expansion to an existing
building or use having due regard to its location to adjacent lands and its
development time frame.
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Part X
Land Use District Maps
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