GUIDE TO USING THE LAC LA BICHE COUNTY LAND USE BYLAW

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1 GUIDE TO USING THE LAC LA BICHE COUNTY LAND USE BYLAW The Land Use Bylaw establishes regulations to control the type, location and intensity of land use and buildings within Lac La Biche County. It also outlines the process for rezoning land or subdividing land and applying for permits in order to achieve orderly development within this municipality. The reader must review other bylaws and regulations of the County or Acts of governments of Alberta and Canada in conjunction with this document. It is the individual s responsibility to ensure that relevant Acts and/or regulations are observed. This Bylaw is organized in seven parts which group sections with related information. The seven parts are as follows: PART 1: ADMINISTRATION contains basic information on the legal framework of the Bylaw. Included within this section is the authority granted through the Bylaw to individual officers, the Municipal Planning Commission or County Council. PART 2: LAND USE DISTRICTS contains regulations for all uses and development types that apply in the districts. These regulations generally supplement those found in PART 3: GENERAL REGULATIONS. PART 3: GENERAL REGULATIONS provide regulations that pertain to land use in all districts. Included in this section are provisions related to parking and loading facilities, landscaping requirements when developing land and signs. PART 4: PLANNING & DEVELOPMENT APPLICATIONS provides information on the County s procedures related to re-designation, subdivision and development applications, and amendment processes. PART 5: DEFINITIONS provides definitions for important terms within this Bylaw. PART 6: OVERLAYS provide additional regulations when considering development that is within environmentally sensitive areas, are historically significant sites or buildings or located in proximity to the regional airport. PART 7: SCHEDULES provides the general Land Use District Maps along with those for the hamlets of Lac La Biche and Plamondon. NOTE: Along with the Land Use Bylaw, the reader should review other County policies and procedures when considering development or subdivision of land. THIS PAGE IS INTENDED ONLY TO ASSIST READERS AND DOES NOT FORM PART OF THIS BYLAW. September 2017

2 September 2017 Table of Contents PART 1 - ADMINISTRATION... 1 A1 ENACTMENT... 1 A1.1 TITLE... 1 A1.2 PURPOSE... 1 A1.3 APPLICATION... 1 A1.4 EFFECTIVE DATE... 1 A1.5 CONFORMITY WITH THE BYLAW... 1 A1.6 OTHER LEGISLATIVE REQUIREMENTS... 1 A1.7 TRANSITION... 1 A1.8 SEVERABILITY... 1 A2 RULES OF INTERPRETATION... 2 A3 DEVELOPMENT AUTHORITIES... 2 A3.1 GENERAL... 2 A3.2 DEVELOPMENT OFFICER... 2 A3.3 MUNICIPAL PLANNING COMMISSION... 3 A3.4 COUNCIL... 3 A3.5 SUBDIVISION AUTHORITY... 3 A3.6 SUBDIVISION AND DEVELOPMENT APPEAL BOARD... 3 PART 2 LAND USE DISTRICTS... 4 B1 LAND USE DISTRICTS... 5 B1.1 ESTABLISHMENT OF DISTRICTS... 5 B1.2 LAND USE DISTRICT BOUNDARIES... 6 B2 RESOURCE DISTRICTS... 7 B2.1 AGRICULTURAL DISTRICT (AG)... 7 B2.2 CROWN LAND DISTRICT (CL) B3 RESIDENTIAL DISTRICTS B3.1 COUNTRY RESIDENTIAL DISTRICT (CR) B3.2 ESTATE SMALL LOT RESIDENTIAL DISTRICT 1 (ES1).. 16 B3.3 ESTATE SMALL LOT RESIDENTIAL DISTRICT 2 (ES2) B3.4 ON-SITE ESTATE RESIDENTIAL DISTRICT 1 (OE1) B3.5 ON-SITE ESTATE RESIDENTIAL DISTRICT 2 (OE2) B3.6 LOW DENSITY RESIDENTIAL DISTRICT (LDR) B3.7 RESTRICTED RESIDENTIAL LARGE LOT DISTRICT (RR) B3.8 MEDIUM DENSITY RESIDENTIAL DISTRICT (MDR) B3.9 HIGH DENSITY RESIDENTIAL DISTRICT (HDR) B3.10 MOBILE HOME COMMUNITY DISTRICT (MHD) B3.11 NARROW LOT SINGLE DETACHED DWELLING DISTRICT (NSD) B3.12 RESORT RECREATIONAL DISTRICT (RR) B3.13 RURAL RESIDENTIAL WORK/LIVE DISTRICT (RRW)... 39

3 B4 COMMERCIAL DISTRICTS B4.1 CENTRAL COMMERCIAL DISTRICT (CC) B4.2 HIGHWAY COMMERCIAL DISTRICT (HC) B4.3 NEIGHBOURHOOD COMMERCIAL DISTRICT (NC) B4.4 RURAL COMMERCIAL DISTRICT (RC) B4.5 MIXED USE RESIDENTIAL BUSINESS DISTRICT (MRB) B4.6 HAMLET COMMERCIAL BUSINESS DISTRICT (HCB) B5 INDUSTRIAL DISTRICTS B5.1 LIGHT INDUSTRIAL DISTRICT (LI) B5.2 GENERAL INDUSTRIAL DISTRICT (GI) B5.3 HEAVY INDUSTRIAL DISTRICT (HI) B5.4 HAMLET LIGHT INDUSTRIAL DISTRICT (HLI) B5.5 AIRPORT DISTRICT (A) B6 PUBLIC SERVICE DISTRICTS B6.1 PUBLIC/INSTITUTIONAL DISTRICT (PI) B6.2 NATURAL AREA PROTECTION DISTRICT (NAP) B6.3 PARKS AND RECREATION DISTRICT (PR) B6.4 URBAN RESERVE DISTRICT (UR) B7 DIRECT CONTROL DISTRICTS B7.1 GENERAL B7.2 DIRECT CONTROL DISTRICT 1 (DC1) B7.3 DIRECT CONTROL DISTRICT 2 (DC2) B7.4 DIRECT CONTROL DISTRICT3 (DC3) PART 3 - DEVELOPMENT REGULATIONS C1 GENERAL REGULATIONS C1.1 APPLICABILITY C1.2 ACCESS C1.3 AIRPORT VICINITY PROTECTION AREA C1.4 AMENITY AREA C1.5 BARELAND CONDOMINIUMS C1.7 BUILDING DESIGN, CHARACTER, AND APPEARANCE C1.9 CORNER SITE RESTRICTIONS C1.10 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN C1.11 DEVELOPMENT NEAR WATER BODIES C1.12 DWELLING UNITS PERMITTED PER LOT C1.13 ENCROACHMENTS ON EASEMENTS AND MUNICIPAL LANDS C1.14 EXPOSURE HAZARDS C1.15 FENCING AND SCREENING C1.16 FIRE PROTECTION C1.17 FRAGMENTED PARCELS September 2017

4 C1.18 GARBAGE ENCLOSURES C1.19 HAZARD LANDS C1.20 LIGHTING C1.21 LOT COVERAGE C1.22 MULTIPLE USES C1.23 OBJECTS PROHIBITED OR RESTRICTED IN YARDS C1.24 PERMITTED ENCROACHMENTS C1.25 PRINCIPAL BUILDINGS C1.26 PRIVATE WASTEWATER TREATMENT AND STORAGE C1.27 PROVINCIAL HIGHWAYS C1.28 RELOCATION OF/OR MOVED-IN BUILDINGS C1.29 STORMWATER MANAGEMENT REQUIREMENTS C1.30 SERVICING REQUIREMENTS C1.31 STRIPPING, GRADING AND SITE DRAINAGE C1.32 TEMPORARY DEVELOPMENT C2 - SPECIAL LAND USE REGULATIONS C2.1 APPLICABILITY C2.2 ACCESSORY BUILDINGS AND STRUCTURES C2.3 ADULT ENTERTAINMENT C2.4 AGGREGATE EXTRACTION C2.5 ANIMAL SERVICE FACILITIES C2.6 BED AND BREAKFAST AND GUEST RANCH ESTABLISHMENTS C2.7 BOARDING HOUSES C2.8 CAMPGROUNDS AND RECREATIONAL VEHICLE PARKS C2.9 CHILD CARE FACILITIES C2.10 COMMUNICATION TOWERS AND RADIO ANTENNAS C2.11 CONSTRUCTION CAMPS C2.12 DECKS C2.13 DRIVE-THROUGH BUSINESSES C2.14 DUGOUTS C2.15 FOOD SERVICES, MOBILE C2.16 GAS BARS, SERVICE STATIONS AND BULK PLANTS C2.17 GROUP HOMES C2.18 HOME BASED BUSINESS C2.19 HOTELS AND MOTELS C2.20 INDUSTRIAL DEVELOPMENT C2.21 MEDICAL MARIJUANA PRODUCTION FACILITIES C2.22 RECREATIONAL VEHICLE ACCOMMODATION AND STORAGE C2.23 RELIGIOUS ASSEMBLY C2.24 SEA CANS C2.25 SECONDARY SUITES C2.26 SECURITY SUITES C2.27 SOLAR COLLECTORS C2.28 WIND ENERGY CONVERSION SYSTEMS C2.29 WORK CAMPS September 2017

5 C3 PARKING AND LOADING FACILITIES C3.1 PARKING REQUIREMENTS C3.2 PARKING EXEMPTIONS IN LAC LA BICHE AND PLAMONDON C3.3 SCHOOL DROP-OFF SPACES C3.4 LOADING SPACE REQUIREMENTS C3.5 PARKING AND LOADING FACILITY CONSTRUCTION C3.6 PARKING STRUCTURES C3.7 PARKING FOR THE PHYSICALLY DISABLED C4 LANDSCAPING REQUIREMENTS C4.1 GENERAL PROVISIONS C4.2 LANDSCAPING REQUIREMENTS FOR PARKING AND STORAGE AREAS C4.4 LANDSCAPE CONSTRUCTION SPECIFICATIONS C4.5 LANDSCAPING SECURITY C5 SIGNS C5.1 DEFINITIONS C5.2 GENERAL SIGN PROVISIONS C5.3 EXEMPTIONS FROM SIGN PROVISIONS C5.4 DEVELOPMENT PERMIT APPLICATIONS C5.5 REGULATIONS BY SIGN TYPE C5.6 ENFORCEMENT D1 DEVELOPMENT PROCESSES D1.1 DUTIES AND RESPONSIBILITIES D1.2 DEVELOPMENT PERMITS REQUIRED D1.3 WHEN A DEVELOPMENT PERMIT IS NOT REQUIRED D1.4 DEVELOPMENT PERMIT APPLICATIONS D1.5 DECISIONS D1.6 VARIANCE AUTHORITY D1.7 DEVELOPMENT PERMIT VALIDITY D1.8 COMMUNITY ENGAGEMENT PRACTICES D1.9 DEVELOPMENT PERMIT CONDITIONS D1.10 NOTICE OF DECISION D1.11 DEVELOPMENT COMMENCEMENT AND COMPLETION D2 SUBDIVISION D2.1 APPLICATIONS D2.2 PROCESS D3 APPEALS D3.1 APPEALING A DECISION D3.2 THE APPEAL PROCESS D3.3 NOTICE OF APPEAL September 2017

6 D4 AMENDING THE BYLAW D4.1 BYLAW AMENDMENTS D4.2 AMENDMENT APPLICATIONS D4.3 THE AMENDMENT PROCESS D5 COMPLIANCE AND ENFORCEMENT D5.1 NON-CONFORMING BUILDINGS AND USES D5.2 COMPLIANCE CERTIFICATES D5.3 OFFENCES D5.4 SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT D5.5 RIGHT OF ENTRY D5.6 VIOLATION NOTICE D5.7 STOP ORDERS D5.8 MUNICIPAL TAGS AND VIOLATION TICKETS E1 DEFINITIONS F1 OVERLAYS F1.1 ENVIRONMENTALLY SIGNIFICANT AREA PROTECTION OVERLAY F1.2 AIRPORT VICINITY PROTECTION OVERLAY F1.3 HISTORICAL RESOURCES OVERLAY PART 7: SCHEDULES A Land Use District Maps B Hamlet of Lac La Biche Land Use District Maps C Hamlet of Plamondon Land Use District Maps FIGURES Figure B6.1: Example of PI District Location.. 73 Figure B7.1: Elinor Lake Resort Areas A, B and C. 85 Figure B7.2: Area of Bylaws and Figure B7.2: Location of Pine Lane Mobile Home Park.. 90 Figure C1.1: Approach Requirements 91 Figure C1.2: Corner Site Restrictions 96 Figure C1.3: Fence Height.100 Figure C1.4: Fragmented Parcel Illustration September 2017

7 Figure C1.5: Setback Measurement Figure C1.6: Valley Cross-Section Figure C1.7: Lot Coverage Figure C1.8: Permitted Encroachments.107 Figure C2.1: Industrial Forest Buffer.133 Figure C2.2: Buffers Around Hamlets Figure C3.1: Hamlet of Lac La Biche.149 Figure C3.2: Hamlet of Plamondon 150 Figure C3.3: Parking Space Dimensions 154 Figure F1.1: Airport Protection Overlay Plan TABLES Table C1.1: Hazard Land Setback Requirements.103 Table C2.1: Accessory Building Height..116 Table C2.2: Home Based Business Development Requirements..130 Table C2.3: Hotel/Motel Site Requirements..133 Table C2.4: Secondary Suite Standards. 136 Table C3.1: Parking Requirements 145 Table C3.2: Mixed Use Developments 147 Table C3.2: Drive-Through Businesses..148 Table C3.4: Parking Regulations for Downtown Lac La Biche and Plamondon Table C3.5: School Drop-Off Space Requirements Table C3.6: Loading Space Requirements. 152 Table C3.7: Parking Space Dimensions.153 September 2017

8 Table D1.1: Minimum Public Consultation Requirements for Development Permits..178 Table D1.2: Minimum Public Consultation Requirements for Amending the Bylaw September 2017

9 PART 1 - ADMINISTRATION A1 ENACTMENT A1.1 TITLE 1) This Land Use Bylaw is entitled Lac La Biche County. A1.2 PURPOSE 1) The purpose of this Bylaw is to regulate and control the use and development of land and buildings within Lac La Biche County. A1.3 APPLICATION 1) The provisions of this Bylaw apply to all land and buildings within the boundaries of Lac La Biche County. A1.4 EFFECTIVE DATE 1) Lac La Biche County Land Use Bylaw and amendments thereto are hereby repealed. 2) This Bylaw comes into effect upon the date of final reading by Council. A1.5 CONFORMITY WITH THE BYLAW 1) No person shall commence any development within the County except in conformity with this Bylaw and any development permit issued pursuant to this Bylaw. A1.6 OTHER LEGISLATIVE REQUIREMENTS 1) Compliance with this Bylaw does not exempt any person undertaking a development from complying with any statutory plan, or all applicable municipal, provincial, and federal laws, and respecting any easements, covenants, agreements, and other contracts affecting the land or development. A1.7 TRANSITION 1) An application for a development permit, subdivision or rezoning which is received in its complete and final form prior to the effective date of this Bylaw shall be processed, and any permit issued or decision shall be made in accordance with the County s Land Use Bylaw No and any amendments thereto. A1.8 SEVERABILITY 1) In the event any provision of this Bylaw is for any reason held to be invalid by a court of law, all remaining provisions are to remain in full force and effect. August 2017 Page 1

10 A2 RULES OF INTERPRETATION 1) Where reference is made to other legislation or documents, the reference is to the legislation or documents as amended. 2) The words shall and must require mandatory compliance except in cases where a variance has been granted. 3) Where a regulation involves two or more conditions, provisions or events connected by the word and means that all the connected items shall apply in combination. 4) Where a regulation involves two or more conditions, provisions or events connected by the word or means that the connected items may apply individually. 5) All schedules attached hereto are deemed to be part of this Bylaw. 6) The standard measurement used in this Bylaw is metric. Any reference to imperial measurement is for convenience purposes only, and all imperial measurements have been rounded. In the event of a conflict between a metric and an imperial measurement, the metric measurement shall take precedence. 7) In the event of a conflict between the standards contained in a district and in any other part of this Bylaw, unless otherwise stated the district standard shall take precedence. 8) Words used in the present tense include the other tenses and derivative forms. 9) Words used in the singular include the plural and vice versa. 10) Words have the same meaning whether or not they are capitalized. A3 DEVELOPMENT AUTHORITIES A3.1 GENERAL 1) The Development Authority is established by this Bylaw pursuant to the Act. 2) The Development Authority shall exercise development powers and duties on behalf of the County. 3) The Development Authority shall be the Development Officer or, where the context of this Bylaw permits, Development Compliance Officer, the Municipal Planning Commission or Council. A3.2 DEVELOPMENT OFFICER 1) The office of the Development Officer is hereby established by this Bylaw. 2) The person or persons to fill the office of the Development Officer shall be designated by the Chief Administrative Officer to exercise development powers and duties on behalf of the County. August 2017 Page 2

11 3) The Development Officer shall exercise the powers of a Designated Officer unless otherwise appointed through the Chief Administrative Officer or an approved bylaw of Council. A3.3 MUNICIPAL PLANNING COMMISSION 1) The Municipal Planning Commission established by bylaw is authorized to act as a Development Authority. 2) The Municipal Planning Commission established by bylaw is authorized to act as the Subdivision Authority. A3.4 COUNCIL 1) Council shall serve as the Development Authority for all development contained in a Direct Control District. 2) Notwithstanding (1), Council may, at its discretion and in accordance with the requirements of the Act, delegate its responsibility to the Municipal Planning Commission or a Development Officer. A3.4.5 DEVELOPMENT COMPLIANCE OFFICER 1) The office of the Development Compliance Officer is hereby established by this Bylaw. 2) The person or persons to fill the office of the Development Compliance Officer shall be designated by the Chief Administrative Officer to exercise development powers and duties on behalf of the County. 3) The Development Compliance Officer shall exercise the powers of a Designated Officer unless otherwise appointed through the Chief Administrative Officer or an approved bylaw of Council. A3.5 SUBDIVISION AUTHORITY 1) The Subdivision Authority is established by this Bylaw pursuant to the Act. 2) The Municipal Planning Commission shall serve as the Subdivision Authority for the County. A3.6 SUBDIVISION AND DEVELOPMENT APPEAL BOARD 1) The Subdivision and Development Appeal Board is established by bylaw pursuant to the Act. 2) The Subdivision and Development Appeal Board shall perform such duties as specified in the Subdivision and Development Appeal Board Bylaw and the Act. August 2017 Page 3

12 THIS PAGE INTENTIONALLY LEFT BLANK August 2017 Page 4

13 PART 2 LAND USE DISTRICTS B1 LAND USE DISTRICTS B1.1 ESTABLISHMENT OF DISTRICTS 1) For the purposes of this Bylaw, the land within the County shall be divided into the following land use districts: a) Resource Districts i) Agricultural District (AG) ii) Crown Land District (CL) b) Residential Districts i) Country Residential District (CR) ii) Estate Small Lot Residential 1 District (ES1) iii) Estate Small Lot Residential 2 District (ES2) iv) On-site Estate Residential 1 District (OE1) v) On-site Estate Residential 2 District (OE2) vi) Low Density Residential District (LDR) vii) Restricted Residential Large Lot District (RR) viii)medium Density Hamlet Residential District (MDR) ix) High Density Hamlet Residential District (HDR) x) Mobile Home Community District (MHD) xi) Narrow Lot Single Detached Dwelling District (NSD) xii) Resort Recreational District (REC) c) Commercial Districts i) Central Commercial District (CC) ii) Highway Commercial District (HC) iii) Neighbourhood Commercial District (NC) iv) Rural Commercial District (RC) v) Mixed Use Residential Business District (MRB) vi) Hamlet Commercial Business District (HCB) d) Industrial Districts i) Light Industrial District (LI) ii) General Industrial District (GI) iii) Heavy Industrial District (HI) iv) Hamlet Light Industrial District (HLI) v) Airport District (A) e) Other Districts i) Public/Institutional District (PI) ii) Natural Area Protection District (NAP) iii) Parks and Recreation District (PR) iv) Urban Reserve District (UR) v) Direct Control Districts (DC) August 2017 Page 5

14 i) Direct Control District 1 (DC1) Elinor Lake Resort ii) Direct Control District 2 (DC2) Provincially Approved Regional Landfill Site(s) iii)direct Control District 3 (DC3) Pine Lane Mobile Home Park B1.2 LAND USE DISTRICT BOUNDARIES 1) Where a land use district boundary is shown on the Land Use District maps as approximately following a lot line, it follows the lot line. 2) Where a land use district boundary is shown on the land use district maps as approximately following a road, lane, railway, pipeline, power line, utility right-of-way, or easement, it follows the centre line, unless otherwise indicated on the land use district maps. 3) Where a land use district boundary is shown on the land use district maps as approximately following the edge, shoreline, or high water mark of a river, lake, or other water body, or a topographic contour line or a top of bank line, it follows that line. In the event of a natural change to these features, it moves with the edge of the shoreline. 4) When any road or lane is closed, it has the same districting as the abutting land. When different districts govern abutting lands, the centre of the road or lane is the land use district boundary unless the land use district boundary is shown clearly following the edge of the road or lane. If the road or lane is consolidated with an adjoining lot, the designation of the lot applies to affected portions of the closed road or lane. 5) The boundaries of the districts listed above are delineated on the land use district maps included within PART 7: SCHEDULES. 6) All public roads and rail lines are excluded from any of the land use districts under this Bylaw. August 2017 Page 6

15 B2 RESOURCE DISTRICTS B2.1 AGRICULTURAL DISTRICT (AG) B2.1.1 Purpose The purpose of this district is to protect and enhance the County s valuable agricultural land resource, the agri-based economy, and the rural lifestyle, while accommodating non-agricultural land uses. Permitted Uses Discretionary Uses Agriculture, Extensive (min ha Abattoir (80.0 ac)). Aggregate Extraction Agriculture, Intensive Agricultural Service Facility Communication Tower Airstrip Dwelling, Single Detached Animal Service Facility Essential Public Service Bed and Breakfast Greenhouse/Plant Nursery Borrow Pits Home Based Business, Minor Campground, Major Market Garden Campground, Minor Mobile Home Campground, Tourist Sea Can Cemetery Secondary Suite Clustered Farm Dwellings (min ha (640.0 ac)). Community Facility Construction Camps Group Home Guest Ranch Gun Range Home Based Business, Agricultural Home Based Business, Major Natural Resource Industry Park Model Public Utility Recreation, Extensive Recreation Facility, Outdoor Religious Assembly Security Suite Storage Facility, Outdoor Wind Energy Conversion Systems Work Camp Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. August 2017 Page 7

16 B2.1.2 General Requirements The following provisions shall apply to every development in this district: Lot Area: Front Yard Setback: Side Yard Setback: Rear Yard Setback: Residential Parcel (Min): Agriculture, Extensive (Min): Clustered Farm Dwellings (Min): All Other Uses: External Road ROW (Min): Provincial Highway ROW All Other Cases (Min): Provincial Highway ROW (Min): All Other Cases (Min): Provincial Highway ROW (Min): All Other Cases (Min): Development Standard 2.0 ha (5.0 ac) 32.0 ha (80.0 ac) ha (640.0 ac) Development Authority discretion 30.0 m (98.0 ft.) 40.0 m (132.0 ft.) 40.0 m (132.0 ft.) 6.1 m (20.0 ft.) 40.0 m (132.0 ft.) 7.6 m (25.0 ft.) Dwellings per Lot: Maximum: Two (2) Lot Density: Maximum: Two (2) lots plus the balance of an un-subdivided quarter section or settlement lot. The creation of additional lots requires rezoning to another land use district. B2.1.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Secondary Suites a) Only one (1) garage or garden suite shall be allowed on a lot in the Agricultural District (AG). 3) All parcels of land included in an application for clustered farm dwellings shall be registered at Land Titles under one (1) common landowner name. B2.1.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single Detached/Mobile 2 spaces per dwelling unit Home/Park Model Group Home 3 spaces minimum Home Based Business, Minor None Required Home Based Business, Major 2 space in addition to residential requirement Secondary Suite 1 space per suite Work Camp 1 space per sleeping unit August 2017 Page 8

17 Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Animal Service Facility 1 space per 4 animals boarded plus 1 stall per 4 employees Bed and Breakfast 1 space per guest room in addition to residential requirement Campground 1 space per campsite plus 1 space per 10 campsites for visitors Greenhouse/Plant Nursery As required by the Development Authority Market Garden As required by the Development Authority Other Commercial Uses Not Listed As required by the Development Authority Industrial Uses Abattoir/Agriculture, Intensive 2 spaces plus 1 space per employee Other Industrial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Assembly Hall 1 space per 5 seating spaces Community Facility/Conference 1 space per 9.3 m 2 (100.0 ft. 2 ) Facility Essential Public Service 1 space per 37.2 m 2 (400.0 ft. 2 ) of gross floor area Gun Range 1 space per shooting/testing lane plus additional spaces for retail Recreation Facility, Outdoor 10 spaces per 100 m 2 (1,076 ft. 2 ) of core activity space Religious Assembly 1 space per 4 seating spaces Other Institutional Uses Not Listed As required by the Development Authority B2.1.5 Accessory Buildings and Uses Accessory buildings or uses may, at the discretion of the Development Authority, be permitted within the Agricultural District (AG) prior to the erection of a principal building or use. Accessory buildings within the Agricultural District (AG) are permitted within the front yard. August 2017 Page 9

18 B2.2 CROWN LAND DISTRICT (CL) B2.2.1 Purpose The purpose of this district is to facilitate collaboration with the provincial government for lands over which the County has jurisdiction. The purpose is to also provide a basis for municipal planning if lands are released by the provincial government in the future. Permitted Uses Discretionary Uses Aggregate Extraction Airstrip Agriculture, Extensive Bulk Plant Campground, Minor Borrow Pit Communication Tower Campground, Major Industry, General Campground, Tourist Industry, Light Construction Camp Natural Resource Industry Industry, Heavy Public Utility Intermodal Facility Sea Can Landfill, Industrial Storage Facility, Outdoor Recreation, Extensive Recreation Facility, Outdoor Security Suite Waste Management Facility Wind Energy Conversion Systems Work Camp Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B2.2.2 General Requirements The following provisions shall apply to every development in this district: Front Yard Setback: External Road ROW (Min): Provincial Highway ROW (Min): Side Yard Setback: Provincial Highway ROW (Min): All Other Cases (Min): Development Standard 30.0 m (98.0 ft.) 40.0 m (132.0 ft.) 40.0 m (132.0 ft.) 6.1 m (20.0 ft.) Rear Yard Setback: Minimum: 7.6 m (25.0 ft.) B2.2.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) A development permit for any use in this district may be issued by the Development Authority subject to a disposition being obtained from the Provincial Authority. August 2017 Page 10

19 B2.2.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Work Camp 1 space per sleeping unit Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Bulk Plant 1 space per filling position plus 4 spaces for staff Campground 1 space per Campsite plus 1 space per 10 Campsites for visitors Other Commercial Uses Not Listed As required by the Development Authority Industrial Uses Industrial Uses 1 space per 100 m 2 (1,076 ft. 2 ) for first 2,000 m 2 (21,530 ft. 2 ) then 1 space per 500 m 2 (5,382 ft. 2 ) Other Industrial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Recreation Facility, Outdoor 10 spaces per m 2 (1,076.0 ft. 2 ) of core activity space Other Institutional Uses Not Listed As required by the Development Authority B2.2.4 Accessory Buildings and Uses Accessory buildings or uses may, at the discretion of the Development Authority, be permitted within the Crown Land District (CL) prior to the erection of a principal building or use. August 2017 Page 11

20 B3 RESIDENTIAL DISTRICTS B3.1 COUNTRY RESIDENTIAL DISTRICT (CR) B3.1.1 Purpose The purpose of this district is to accommodate low-density residential development on large unserviced lots that meet Municipal and Provincial servicing standards. Although land currently zoned under this district may be subdivided and developed in accordance with the requirements of this district, this district shall not be expanded to any additional lands in the County. Permitted Uses Discretionary Uses Dwelling, Single Detached Agricultural, Intensive Home Based Business, Minor Bed and Breakfast Mobile Home Child Care Facility Public Utility Communication Tower Sea Can (parcels 1.2 ha (3.0 ac) in size or more) Greenhouse (parcels 1.5 ha (5.0 ac) in size or more) Group Home Home Based Business, Major Park Model Secondary Suite Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B3.1.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: Maximum: Lakeview Estates ASP (Min): Lot Width: Lot subdivided prior to January 1, 1960 (Min): All Other Cases (Min): Front Yard Setback: Internal Subdivision Road (Min): External Road ROW (Min): Provincial Highway ROW (Min): Side Yard Setback: External Road ROW (Min): Provincial Highway ROW (Min): Lot subdivided prior to January 1, 1960 (Min): All Other Cases (Min): Rear Yard Setback: External Road ROW (Min): Provincial Highway ROW (Min): 0.2 ha (0.5 ac) 2.0 ha (4.94 ac) 0.4 ha (1.0 ac) 15.0 m (50.0 ft.) 30.0 m (98.0 ft.) 7.6 m (25.0 ft.) 30.0 m (98.0 ft.) 40.0 m (132.0 ft.) 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) 1.8 m (6.0 ft.) 3.0 m (10.0 ft.) 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) August 2017 Page 12

21 Development Standard All Other Cases (Min): 3.0 m (9.8 ft.) Height: Maximum: 10.0 m (33.0 ft.) Dwellings per Lot: Maximum: Two (2) subject to Section C1.12 B3.1.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Keeping of Animals a) No livestock or poultry excluding chickens, with the exception of dogs, cats and other such household pets as are typically kept indoors, shall be kept on lots of less than 1.2 ha (3.0 ac) in size; b) On lots 0.61 Ha (1.5 ac) and larger, up to twelve chickens shall be permitted. Roosters shall not be permitted. On lots less than 0.61 Ha (1.5 ac) chickens shall not be permitted; c) Subject to subsection (c), on a lot more than 1.2 ha (3.0 ac) in size, the following may be kept, not more than a total of two (2) of the following: horses, cattle, pigs, donkeys, mules, goats, or exotic animals, or, alternatively, a total of twelve fowl or rabbits; d) A person may be allowed to keep animals, livestock or fowl in excess of the number specified in subsection (b) if, in the opinion of the Development Authority, the lot is suitable for such use and it is determined that the additional numbers would not create a nuisance for neighbouring properties; e) Chicken coops shall not be placed closer to the front property line than the principal dwelling; and f) No livestock or poultry may be reared solely for the purpose of commercial sale. B3.1.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single Detached/Mobile 2 spaces per dwelling unit Home/Park Model Home Based Business, Minor None Required Home Based Business, Major 2 space in addition to residential requirement Secondary Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Animal Service Facility 1 space per 4 animals boarded Bed and Breakfast 1 space per guest room in addition to residential requirement Greenhouse/Plant Nursery As required by the Development Authority Other Commercial Uses Not Listed As required by the Development Authority August 2017 Page 13

22 Industrial Uses Abattoir/Agriculture, Intensive 2 spaces plus 1 space per employee Other Industrial Uses Not Listed As required by the Development Authority B3.1.5 Accessory Buildings and Uses Accessory buildings or uses may, at the discretion of the Development Authority, be permitted within the Country Residential District (CR) prior to the erection of a principal building or use. August 2017 Page 14

23 B3.2 ESTATE SMALL LOT RESIDENTIAL DISTRICT 1 (ES1) B3.2.1 Purpose The purpose of this district is to provide opportunities for smaller lot estate development outside of a hamlet that is serviced by municipal water and sewer. Permitted Uses Dwelling, Single Detached Home Based Business, Minor Mobile Home Discretionary Uses Bed and Breakfast Child Care Facility Group Home Home Based Business, Major Park Model Public Utility Secondary Suite B3.2.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: Maximum: 0.1 ha (0.25 ac) 0.4 ha (1.0 ac) Lot Width: Minimum: 15.0 m (50.0 ft.) Front Yard Setback: Internal Subdivision Road (Min): External Road ROW (Min): 6.1 m (20.0 ft.) 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) Provincial Highway ROW (Min): Side Yard Setback: Rear Yard Setback: External Road ROW (Min): Provincial Highway ROW (Min): All Other Cases (Min): External Road ROW (Min): Provincial Highway ROW (Min): All Other Cases (Min): 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) 3.0 m (10.0 ft.) 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) 3.0 m (10.0 ft.) Height: All Other Cases (Max): 10.0 m (33.0 ft.) Dwellings per Lot: All Other Cases (Max): One (1) subject to Section C1.12 B3.2.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Secondary Suites a) Secondary suites in this district are limited to basement suites or garage suites that are smaller in size than the principal building. August 2017 Page 15

24 B3.2.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. Residential Uses Dwelling, Single Detached/Mobile 2 spaces per dwelling unit Home/Park Model Home Based Business, Minor None Required Home Based Business, Major 2 space in addition to residential requirement Secondary Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Bed and Breakfast 1 space per guest room in addition to residential requirement Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Child Care Facility 1 space per 4 children Other Industrial Uses Not Listed As required by the Development Authority B3.2.5 Accessory Buildings and Uses Accessory buildings or uses may, at the discretion of the Development Authority, be permitted within the Estate Small Lot Residential District (ES1) prior to the erection of a principal building or use. August 2017 Page 16

25 B3.3 ESTATE SMALL LOT RESIDENTIAL DISTRICT 2 (ES2) B3.3.1 Purpose The purpose of this district is to provide opportunities for smaller lot estate development outside of hamlets that is serviced by municipal water and sewer. Permitted Uses Dwelling, Single Detached Home Based Business, Minor Mobile Home Sea Can (minimum 1.2 ha (3.0 ac) parcel) Discretionary Uses Bed and Breakfast Child Care Facility Group Home Home Based Business, Major Park Model Public Utility Secondary Suite B3.3.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: Maximum: 0.4 ha (1.0 ac) 1.2 ha (3.0 ac) Lot Width: Minimum: 45.0 m (149.0 ft.) Front Yard Setback: Internal Subdivision Road (Min): External Road ROW (Min): 6.1 m (20.0 ft.) 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) Provincial Highway ROW (Min): Side Yard Setback: Rear Yard Setback: External Road ROW (Min): Provincial Highway ROW (Min): All Other Cases (Min): External Road ROW (Min): Provincial Highway ROW (Min): 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) 3.0 m (10.0 ft.) 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) 3.0 m (10.0 ft.) All Other Cases (Min): Height: Maximum: 10.0 m (33.0 ft.) Dwellings per Lot: Maximum: Two (2) subject to Section C1.12 B3.3.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) On parcels of 0.4 ha (1.0 ac) secondary suites are limited to basement suites or garage suites that are smaller than the principal building. Granny suites may be permitted on parcels larger than 0.4 ha (1.0 ac) at the discretion of the Development Authority. August 2017 Page 17

26 B3.3.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single Detached/Mobile 2 spaces per dwelling unit Home/Park Model Home Based Business, Minor None Required Home Based Business, Major 2 space in addition to residential requirement Secondary Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Bed and Breakfast 1 space per guest room in addition to residential requirement Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Child Care Facility 1 space per 4 children Other Institutional Uses Not Listed As required by the Development Authority B3.3.5 Accessory Buildings and Uses Accessory Buildings or Uses may be permitted, at the discretion of the Development Authority, within the Estate Small Lot Residential District 2 (ES2) prior to the erection of a principal building or use. August 2017 Page 18

27 B3.4 ON-SITE ESTATE RESIDENTIAL DISTRICT 1 (OE1) B3.4.1 Purpose The purpose of this district is to provide opportunities for smaller lot estate residential living with water provided by well or cistern and on-site sewage disposal that surrounds serviced estate residential districts. Permitted Uses Dwelling, Single Detached Home Based Business, Minor Mobile Home Sea Cans Discretionary Uses Bed and Breakfast Child Care Facility Group Home Home Based Business, Major Park Model Secondary Suite B3.4.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: Maximum: 1.2 ha (3.0 ac) 2.0 ha (5.0 ac) Lot Width: Minimum: 45.0 m (148.0 ft.) Front Yard Setback: Internal Subdivision Road (Min): External Road ROW (Min): Provincial Highway ROW (Min): 7.6 m (25.0 ft.) 30.0 m (98.0 ft.) 40.0 m (131.0 ft.) Side Yard Setback: Rear Yard Setback: External Road ROW (Min): Provincial Highway ROW (Min): All Other Cases (Min): External Road ROW (Min): Provincial Highway ROW (Min): All Other Cases (Min): 30.0 m (66.0 ft.) 40.0 m (131.0 ft.) 3.0 m (10.0 ft.) 30.0 m (66.0 ft.) 40.0 m (131.0 ft.) 3.0 m (10.0 ft.) Height: Maximum: 10.0 m (33.0 ft.) Dwellings per Lot: Maximum: Two (2) subject to Section C1.12 B3.4.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Keeping of Animals a) No livestock or poultry excluding chickens, with the exception of dogs, cats and other such household pets as are typically kept indoors, shall be kept on lots of less than 1.2 ha (3.0 ac) in size; b) On lots 0.61 Ha (1.5 ac) and larger, up to twelve chickens shall be permitted. Roosters shall not be permitted. On lots less than 0.61 Ha (1.5 ac) chickens shall not be permitted; c) Subject to subsection (c), on a lot more than 1.2 ha (3.0 ac) in size, the following may be kept, not more than a total of two (2) of the following: horses, cattle, pigs, donkeys, mules, goats, or exotic animals, or, alternatively, a total of twelve fowl or rabbits; August 2017 Page 19

28 d) A person may be allowed to keep animals, livestock or fowl in excess of the number specified in subsection (b) if, in the opinion of the Development Authority, the lot is suitable for such use and it is determined that the additional numbers would not create a nuisance for neighbouring properties; e) Chicken coops shall not be placed closer to the front property line than the principal dwelling; and f) No livestock or poultry may be reared solely for the purpose of commercial sale. B3.4.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single Detached/Mobile 2 spaces per dwelling unit Home/Park Model Home Based Business, Minor None Required Home Based Business, Major 2 space in addition to residential requirement Secondary Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Bed and Breakfast 1 space per guest room in addition to residential requirement Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Child Care Facility 1 space per 4 children Other Institutional Uses Not Listed As required by the Development Authority B Accessory Buildings and Uses Accessory Buildings or Uses may be permitted, at the discretion of the Development Authority, within the On-site Estate Residential District 1 (OE1) prior to the erection of a principal building or use. August 2017 Page 20

29 B3.5 ON-SITE ESTATE RESIDENTIAL DISTRICT 2 (OE2) B3.5.1 Purpose The purpose of this district is to provide opportunities for larger lot estate residential living with water provided by well or cistern and on-site sewage disposal that surrounds serviced estate residential districts. Permitted Uses Dwelling, Single Detached Home Based Business, Minor Mobile Home Sea Can Discretionary Uses Animal Service Facility on lot of 4.0 ha (10.0 ac) Bed and Breakfast Child Care Facility Group Home Home Based Business, Major Park Model Secondary Suite B3.5.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: Maximum: 2.0 ha (5.0 ac) 4.0 ha (10.0 ac) Lot Width: Minimum: 45.0 m (148.0 ft.) Front Yard Setback: Internal Subdivision Road (Min): External Road ROW (Min): Provincial Highway ROW (Min): 7.6 m (25.0 ft.) 30.0 m (98.0 ft.) 40.0 m (131.0 ft.) Side Yard Setback: Rear Yard Setback: External Road ROW (Min): Provincial Highway ROW (Min): All Other Cases (Min): External Road ROW (Min): Provincial Highway ROW (Min): 30.0 m (66.0 ft.) 40.0 m (131.0 ft.) 3.0 m (10.0 ft.) 30.0 m (66.0 ft.) 40.0 m (131.0 ft.) 3.0 m (10.0 ft.) All Other Cases (Min): Height: Maximum: 10.0 m (33.0 ft.) Dwellings per Lot: Maximum: Two (2) subject to Section C1.12 B3.5.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Keeping of Animals a) No livestock or poultry excluding chickens, with the exception of dogs, cats and other such household pets as are typically kept indoors, shall be kept on lots of less than 1.2 ha (3.0 ac) in size; b) On lots 0.61 Ha (1.5 ac) and larger, up to twelve chickens shall be permitted. Roosters shall not be permitted. On lots less than 0.61 Ha (1.5 ac) chickens shall not be permitted; c) Subject to subsection (c), on a lot more than 1.2 ha (3.0 ac) in size, the following may be kept, August 2017 Page 21

30 not more than a total of two (2) of the following: horses, cattle, pigs, donkeys, mules, goats, or exotic animals, or, alternatively, a total of twelve fowl or rabbits; d) A person may be allowed to keep animals, livestock or fowl in excess of the number specified in subsection (b) if, in the opinion of the Development Authority, the lot is suitable for such use and it is determined that the additional numbers would not create a nuisance for neighbouring properties; e) Chicken coops shall not be placed closer to the front property line than the principal dwelling; and f) No livestock or poultry may be reared solely for the purpose of commercial sale. B3.5.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single Detached/Mobile 2 spaces per dwelling unit Home/Park Model Home Based Business, Minor None Required Home Based Business, Major 2 space in addition to residential requirement Secondary Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Animal Service Facility 1 space per 4 animals boarded plus 1 stall per 4 employees Bed and Breakfast 1 space per guest room in addition to residential requirement Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Child Care Facility 1 space per 4 children Other Institutional Uses Not Listed As required by the Development Authority B Accessory Buildings and Uses Accessory Buildings or Uses may be permitted, at the discretion of the Development Authority, within the On-Site Estate Residential District 2 (OE2) prior to the erection of a principal building or use. August 2017 Page 22

31 B3.6 LOW DENSITY RESIDENTIAL DISTRICT (LDR) B3.6.1 Purpose The purpose of this district is to provide for areas of low density housing, primarily in the form of single-detached residential dwellings within hamlet boundaries. Permitted Uses Discretionary Uses Dwelling, Single Detached Bed and Breakfast Home Based Business, Minor Child Care Facility Public Utility Dwelling, Duplex (Up-Down) Emergency Shelter Group Home Home Based Business, Major Residential Care Facility Secondary Suite Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B3.6.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: m 2 (3,875.0 ft. 2 ) Lot Width: Minimum: 12.2 m (40.0 ft.) Lot Depth: Minimum: 30.0 m (99.0 ft.) Front Yard Setback: Minimum: Side Yard Setback: Internal Side Yard, if no access to rear Lane (Min): External Side Yard, Corner Lot (Min): All Other Cases (Min): 6.1 m (20.0 ft.) 1.5 m (5.0 ft.) on one side, 3.5 m (12.0 ft.) on other side 4.0 m (13.0 ft.) 1.5 m (5.0 ft.) Rear Yard Setback: Minimum: 6.1 m (20.0 ft.) Height: Maximum: 10.0 m (33.0 ft.) Dwellings per Lot: Maximum: Section C1.12 Lot Coverage: Principal Building (Max): Accessory Buildings (Max): All Buildings (Max): Landscaping: Minimum: 30% 28% 12% 40% Where a garage is attached to or designed as an integral part of a dwelling, the maximum lot coverage for the principal building shall be 40%. August 2017 Page 23

32 B3.6.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Secondary suites are limited to basement suites or garage suites within this district at the discretion of the Development Authority. B3.6.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single Detached/Mobile 2 spaces per dwelling unit Home/Duplex Group Home 3 spaces minimum Home Based Business, Minor None Required Home Based Business, Major 2 spaces in addition to residential requirement Secondary Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Bed and Breakfast 1 space per guest room in addition to residential requirement Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Child Care Facility 1 space per 4 children Religious Assembly 1 space per 4 seating spaces Residential Care Facility 1 space per 2 beds Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 24

33 B3.7 RESTRICTED RESIDENTIAL LARGE LOT DISTRICT (RR) B3.7.1 Purpose The purpose of this district is to provide for the development of larger single detached dwellings at a low density in the Hamlet of Lac La Biche. The Restricted Residential Large Lot District (RR) shall not be applied to other new development within the County. Permitted Uses Discretionary Uses Dwelling, Single Detached Bed and Breakfast Home Based Business, Minor Child Care Facility Home Based Business, Major Public Utility Secondary Suite Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B3.7.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: m 2 (7,965.0 ft. 2 ) Lot Width: Minimum: 20.0 m (66.0 ft.) Lot Depth: Minimum: 37.0 m (122.0 ft.) Front Yard Setback: Minimum: 8.0 m (26.0 ft.) Side Yard Setback: Internal Side Yard, if no access to rear Lane (Min): External Side Yard, Corner Lot (Min): All Other Cases (Min): 1.5 m (5.0 ft.) on one side, 3.5 m (11.5 ft.) on other side 4.0 m (13.0 ft.) 1.5 m (5.0 ft.) Rear Yard Setback: Minimum: 8.0 m (26.0 ft.) Height: Maximum: 10.0 m (33.0 ft.) Dwellings per Lot: Maximum: One (1) Floor Area: Lot Coverage: Single Storey Dwelling (Min): Multi-Storey/Split Dwelling (Main Floor)(Min): Principal Building (Max): Accessory Buildings (Max): All Buildings (Max): Landscaping: Minimum: 30% 100 m 2 (1,076 ft. 2 ) 110 m 2 (1,184 ft. 2 ) 28% 12% 40% Where a garage is attached to or designed as an integral part of a dwelling, the maximum lot coverage for the principal building shall be 40%. August 2017 Page 25

34 B3.7.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Secondary suites are limited to basement suites or garage suites within this district at the discretion of the Development Authority. B3.7.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single Detached/Mobile 2 spaces per dwelling unit Home Home Based Business, Minor None Required Home Based Business, Major 2 space in addition to residential requirement Secondary Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Bed and Breakfast 1 space per guest room in addition to residential requirement Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Child Care Facility 1 space per 4 children Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 26

35 B3.8 MEDIUM DENSITY RESIDENTIAL DISTRICT (MDR) B3.8.1 Purpose The purpose of this district is to provide for medium density multi-unit residential development in the form of row housing, low rise apartment buildings and other compatible uses in hamlets. Permitted Uses Discretionary Uses Dwelling, Duplex (Side-Side) Bed and Breakfast Dwelling, Duplex (Up-Down) Boarding House Dwelling, Fourplex Child Care Facility Dwelling, Row House Emergency Shelter Dwelling, Single Detached Group Home Dwelling, Stacked Row House Public Utility Home Based Business, Minor Residential Care Facility Secondary Suite Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development has been issued. B3.8.2 General Requirements The following provisions shall apply to every development in this district: Lot Area: Lot Width: Front Yard Setback: Minimum: Side Yard Setback: Development Standard Single Detached and Duplex (Up-Down) (Min): Duplex, Side-Side (Min): Row Housing (Min): Single Detached and Duplex (Up-Down) (Min): Duplex, Side-Side (Min): Row Housing (Min): Interior Side Yard, Single Detached and Duplex (Min): Exterior Side Yard, Corner Lot (Min): All Other Cases (Min): m 2 (4,844.0 ft. 2 ) 196 m 2 (2,110 ft. 2 ) per unit 175 m 2 (1,184 ft. 2 ) per unit 15.0 m (50.0 ft.) 6.1 m (20.0 ft.) per unit 6.1 m (20.0 ft.) per unit 6.1 m (20.0 ft.) 1.5 m (5.0 ft.) 4.0 m (13.0 ft.) 3.0 m (10.0 ft.) Rear Yard Setback: Minimum: 6.1 m (20.0 ft.) Height: Single Detached, Duplex, Row Housing (Max): All Other Cases (Max): 10.0 m (33.0 ft.) 15.0 m (50.0 ft.) Density: Maximum: 80.0 units per ha (32.0 units per ac) Lot Coverage: Principal Building (Max): Accessory Buildings (Max): All Buildings (Max): 28% 12% 40% August 2017 Page 27

36 Amenity Area (Private, Outdoor): Minimum: Development Standard Where parking is provided underground or garages are attached or designed as an integral part of dwellings, the maximum for principal buildings shall be 40% m 2 (323 ft. 2 ) per dwelling for which any part of is contained on the first floor m 2 (161 ft. 2 ) per dwelling for which no part is contained on the first floor. Landscaping: Minimum: 30% B3.8.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Notwithstanding the other regulations of this district, where row housing developments abut a residential district that allows a single detached dwelling as a permitted use, the following regulations shall apply: a) a minimum landscaped setback of 7.6 m (25.0 ft.) shall be required from any row house development to any lot line common with single detached dwellings. No surface parking or loading facilities shall be located within this setback area. b) no outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m (10.0 ft.) of any lot line that abuts a lot districted to allow single detached dwelling as a permitted use; c) a solid screen fence, 1.8 m (6.0 ft.) in height, shall be installed along all lot lines that abut a lot districted to allow single detached dwelling as a permitted use, except for common flanking front yard boundaries; d) design techniques including, but not limited to, the use of sloped roofs, variations in building setbacks and articulation of building façades, shall be employed in order to minimize the perception of massing of the building when viewed from adjacent residential areas and roads, to the satisfaction of the Development Authority; e) building finishes shall be compatible with the exterior finishing materials and colours typical of adjacent single detached dwelling, to the satisfaction of the Development Authority; and f) single detached dwellings in this district shall be developed in accordance with the provisions of the Low Density Residential (LDR) District. 3) Secondary suites are limited to basement suites or garage suites within this district at the discretion of the Development Authority. B3.8.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. August 2017 Page 28

37 Residential Uses Apartment Housing/Multi- 1 space per studio or 1 bedroom dwelling Unit/Row Housing unit, plus 1.5 spaces per 2 bedroom dwelling unit, plus 1.75 spaces per 3 bedroom dwelling unit plus 1 visitor space per 6 dwellings Dwelling, Single Detached/Duplex 2 spaces per dwelling unit Group Home 3 spaces minimum Home Based Business, Minor None Required Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Bed and Breakfast 1 space per guest room in addition to residential requirement Boarding House 1 space per sleeping unit Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Child Care Facility 1 space per 4 children Residential Care Facility 1 space per 2 beds Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 29

38 B3.9 HIGH DENSITY RESIDENTIAL DISTRICT (HDR) B3.9.1 Purpose The purpose of this district is to provide for high density multi-unit residential development, in the form of row housing and apartment buildings, and other compatible uses in hamlets that include commercial developments located on the first floor. Permitted Uses Discretionary Uses Apartment Housing Boarding House Dwelling, Fourplex Child Care Facility Dwelling, Row House Emergency Shelter Dwelling, Stacked Row House Group Home Home Based Business, Minor Personal Service Shop Professional, Financial, and Office Support Services Public Utility Residential Care Facility Retail Store Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B3.9.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: m 2 (8,611.0 ft. 2 ) Lot Width: Minimum: 20.0 m (66.0 ft.) Front Yard Setback: Minimum: 6.1 m (20.0 ft.) Side Yard Setback: External Side Yard, Corner Lot (Min): All Other Cases (Min): 4.0 m (13.0 ft.) 3.0 m (10.0 ft.) Rear Yard Setback: Minimum: 7.6 m (25.0 ft.) Height: Maximum: 23.0 m (76.0 ft.) Density: Maximum: 125 units per ha (51 units per acre) Amenity Area (Private, Minimum: Outdoor): Landscaping: Minimum: 30% B3.9.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 4.7 m 2 (51 ft. 2 ) per dwelling unit 2) Notwithstanding the other regulations of this district, where apartment housing or row house developments abut a lot districted to allow a single detached dwelling as a permitted use, the following regulations shall apply: August 2017 Page 30

39 a) a minimum landscaped buffer of 4.0 m (13.0 ft.) in width shall be required from any apartment or row house development to any lot line common with a single detached dwelling. No surface parking or loading facilities shall be located within this buffer area; b) no outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m (10.0 ft.) of any lot line that abuts a lot districted to allow single detached dwelling as a permitted use; c) a solid screen fence, 1.8 m (6.0 ft.) in height, shall be installed along all lot lines that abut a lot districted to allow single detached dwelling as a permitted use, except for common flanking front yard boundaries, and; d) design techniques including, but not limited to, the use of sloped roofs, variations in building setbacks, and articulation of building façades, shall be employed in order to minimize the perception of massing of the building when viewed from adjacent residential areas and roads, to the satisfaction of the Development Authority. 3) The cumulative floor area of personal service shop, retail store or professional, financial, and office support services shall not exceed that of the principal use. These uses shall only be within and accessory to a residential building, and shall be accessed through a separate, outside entrance. B3.9.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Apartment Housing/Multi- 1 space per studio or 1 bedroom dwelling Unit/Row Housing unit, plus 1.5 spaces per 2 bedroom dwelling unit, plus 1.75 spaces per 3 bedroom dwelling unit plus 1 visitor space per 6 dwellings Group Home 3 spaces minimum Home Based Business, Minor None Required Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Boarding House 1 space per Sleeping Unit Personal Service Shops 1 space per 37.2 m 2 (400.0 ft. 2 ) Professional, Financial and Office 1 space per 37.2 m 2 (400.0 ft. 2 ) Support Services Retail Store 1 space per 37.2m 2 (400.0 ft. 2 ) of gross floor area Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Child Care Facility 1 space per 4 children Residential Care Facility 1 space per 2 beds Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 31

40 B3.10 MOBILE HOME COMMUNITY DISTRICT (MHD) B Purpose The purpose of this district is to provide for the orderly development of mobile home communities, either as mobile home parks or mobile home subdivisions. Permitted Uses Discretionary Uses Home Based Business, Minor Child Care Facility Mobile Home Home Based Business, Major Public Utility Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B General Requirements The following provisions shall apply to every development in this district: Lot Area: Development Standard Mobile Home Park (MHP) (Min): MHP Dwelling Site, Single Wide (Min): MHP Dwelling Site, Double Wide (Min): 2.0 ha (5.0 ac) 370 m 2 (3,983.0 ft. 2 ) 420 m 2 (4,521.0 ft. 2 ) Lot Width: MHP Dwelling Site, Single Wide (Min): MHP Dwelling Site, Double Wide (Min): Subdivided Lot (Min): Front Yard Setback: Provincial Highway (Min): External Road ROW (Min): Internal Road (Min): Side Yard Setback: External Road ROW (Min): All Other Cases in Hamlet of Lac La Biche (Min): All Other Cases (Min): Rear Yard Setback: External Road ROW (Min): All Other Cases in Hamlet of Lac La Biche (Min): All Other Cases (Min): Minimum Site area for Double wide: 420 m m (36.0 ft.) 14.0 m (46.0 ft.) 14.0 m (46.0 ft.) 40.0 m (132.0 ft.) 30.0 m (99.0 ft.) 3.0 m (10.0 ft.) 30.0 m (99.0 ft.) 1.5 m (5.0 ft.) 1.2 m (4.0 ft.) 30.0 m (99.0 ft.) 2.0 m (6.5 ft.) 1.5 m (5.0 ft.) Height: Maximum: 6.1 m (20.0 ft.) Lot Coverage: Accessory Buildings (Max): All Buildings (Max): 15% 50% Amenity Area (Private, Outdoor): Minimum: 7.5 m 2 (81.0 ft. 2 ) per dwelling (Mobile Home Park only) Building separation: Minimum: 3.0 m (10.0 ft.) between August 2017 Page 32

41 dwellings in a Mobile Home Park, subject to fireproofing to the satisfaction of the Development Authority. No fireproofing required for separation of 4.8 m (16.0 ft.) or more. Landscaping: Minimum: 30% B Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) No Mobile Home Parks shall be permitted outside of hamlets except for existing MHPs at the time of adoption of this bylaw. 3) Mobile Home Park Site Requirements a) all mobile home park stalls shall be located a minimum of 2.0 m (6.5 ft.) from the mobile home park or condominium boundary; b) each stall shall be clearly marked by means of stakes, countersunk steel posts, fences, curbs, or hedges; c) the design of the mobile home park shall be to the satisfaction of the Development Authority; d) every stall shall front onto an internal road rather than an external public road or Provincial Highway; e) all internal roads shall have a minimum right-of-way of 8.0 m (26.0 ft.) and a minimum carriageway of 3.8 m (12.5 ft.); f) all Internal Roads shall be hard-surfaced, well-drained, and maintained to the satisfaction of the Development Authority; g) in addition to private parking spaces, the development shall provide 0.15 visitor parking spaces per mobile home stall; h) street lighting and other utilities shall be to the same standard as that in a conventional residential neighbourhood; i) a minimum of 5% of the gross lot area shall be developed as playground space/amenity area in locations convenient to all mobile home park residents; j) a storage compound shall be provided for recreation vehicles and other equipment at the ratio of 14.0 m 2 (151.0 ft. 2 ) per unit; k) all open areas and common areas shall be fully landscaped within two (2) years of the issue of the development permit for a mobile home park, or for the individual mobile home units. This shall include the yard area of each stall; l) screen fences or walls shall be erected around laundry yards, refuse collection areas, and storage areas; m) a maximum of one (1) main free-standing identification sign for the mobile home park will be allowed. It shall be in keeping with the residential character of the area and located near the entrance to the mobile home development; and n) direction signs within a mobile home park must be integrated in design and appearance, be kept in scale with the surroundings, and constructed of durable material. 4) Mobile Home Installation Requirements a) each mobile home unit shall be placed on a hard surfaced or gravel base within the stall; August 2017 Page 33

42 b) all additions, porches, garages and accessory structures shall be of an equivalent quality and appearance as the mobile home unit and shall compliment the exterior; c) all mobile home units shall have current Canadian Standards Association (CSA) certification; d) each mobile home stall shall accommodate a minimum of two (2) off-street parking spaces; e) mobile home parks shall be connected to communal services, or, where available, municipal water and sewer services. All utilities shall be provided underground to all stalls; f) all mobile home units shall be skirted within sixty (60) days of the placement of the mobile home on the lot. Such skirting shall be of a manufactured or similar type to harmonize with the mobile home; and g) the hitch and wheels of a mobile home shall be removed within sixty (60) days of its placement on a lot. B Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single 2 spaces per dwelling unit Detached/Duplex/Mobile Home Home Based Business, Minor None Required Home Based Business, Major 2 spaces in addition to residential requirement Other Residential Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Child Care Facility 1 space per 4 children Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 34

43 B3.11 NARROW LOT SINGLE DETACHED DWELLING DISTRICT (NSD) B Purpose The purpose of this district is to provide for single family residential development on small lots connected to municipal water and sewer services. Permitted Uses Discretionary Uses Dwelling, Single Detached Child Care Facility Home Based Business, Minor Public Utility Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: With Lane (Min): m 2 (3,358.0 ft. 2 ) Without Lane (Min): m 2 (3,552.0 ft. 2 ) Lot Width: With Lane (Min): Without Lane (Min): 10.4 m (34.0 ft.) 11.0 m (36.0 ft.) Lot Depth: Minimum: 30.0 m (99.0 ft.) Front Yard Setback: Front Attached Garage (Min): All Other Cases (Min): 6.1 m (20.0 ft.) 4.6 m (15.0 ft.) Side Yard Setback: Interior Side Yard, without attached Garage and no access to rear Lane (Min): Exterior Side Yard, Corner Lot (Min): 1.2 m (4.0 ft.) on one side, 2.8 m (9.0 ft.) on other side 3.5 m (11.5 ft.) 1.2 m (4.0 ft.) All Other Cases (Min): Rear Yard Setback: Minimum: 4.6 m (15.0 ft.) Height: Maximum: 10.0 m (33.0ft.) Dwellings per Lot: Maximum: 1 Lot Coverage Principal Building (Max): Accessory Buildings (Max): All Buildings (Max): 33% 12% 45% Landscaping: Minimum: 30% B Additional Requirements Refer to Part C for additional requirements based on the proposed development. B Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. August 2017 Page 35

44 Residential Uses Dwelling, Single 2 spaces per dwelling unit Detached/Duplex/Mobile Home Home Based Business, Minor None Required Other Residential Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Child Care Facility 1 space per 4 children Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 36

45 B3.12 RESORT RECREATIONAL DISTRICT (RR) B Purpose The purpose of this district is to accommodate development that typically locates adjacent to prominent natural features, includes overnight accommodation for guests and a wide variety of recreational activities. Applicants may require additional approvals from other authorities governing adjacent natural features. Permitted Uses Discretionary Uses Campground, Minor Artisan Shop Park Model Campground, Major Public Utility Campground, Tourist Recreation, Extensive Commercial Equestrian Centre Recreation, Passive Dwelling, Single Detached Recreation Facility, Outdoor Health and Wellness Centre Home Based Business, Minor Hotel Marina Motel Parking Facility Recreation Facility, Indoor Resort Accommodation Restaurant Retail Store Retail Store, Convenience Retreat Security Suite Storage Facility Outdoor Visitor Information Centre Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: m 2 (2,422.0 ft. 2 ) Lot Width: Minimum: 9.0 m (29.5 ft.) Site Depth: Minimum: 25.0 m (82.0 ft.) Front Yard Setback: Front Attached Garage (Min): 6.1 m (20.0 ft.) Side Yard Setback: All Other Cases (Min): Interior Side Yard, without attached Garage and no access to rear lane (Min): Exterior Side Yard, Corner lot (Min): All Other Cases (Min): 4.6 m (15.0 ft.) 1.2 m (4.0 ft.) on one side, 2.8 m (9.0 ft.) on other side 3.5 m (11.5 ft.) 1.2 m (4.0 ft.) August 2017 Page 37

46 Rear Yard Setback: Minimum: 4.6 m (15.0 ft.) Height: Maximum: 10.0 m (33.0 ft.) Dwellings per Lot: Maximum: One (1) Lot Coverage Principal Building (Max): Accessory Buildings (Max): All Buildings (Max): 33% 12% 45% Landscaping: Minimum: 30% B Additional Requirements Refer to Part C for additional requirements based on the proposed development. B Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single 2 spaces per dwelling unit Detached/Duplex/Mobile Home Home Based Business, Minor None Required Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Personal Service Shops/Health and 1 space per 37.2 m 2 (400.0 ft. 2 ) Wellness Centre Retail Store 1 space per 37.2m 2 (400.0 ft. 2 ) of gross floor area Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Campground 1 space per campsite plus 1 space per 10 campsites for visitors Child Care Facility 1 space per 4 children Marina Recreation Facility, Indoor Recreation Facility, Outdoor Other Institutional Uses Not Listed 1 space per boat stall 1.5 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area plus 1 space per 4 persons of building capacity 10 spaces per m 2 (1,076.0 ft. 2 ) of core activity space As required by the Development Authority August 2017 Page 38

47 B3.13 RURAL RESIDENTIAL WORK/LIVE DISTRICT (RRW) B Purpose The purpose of this district is to provide for commercial business activities along with owner operator residences on parcels greater than 0.4 ha (1.00 acre) outside of hamlets. This district shall be located adjacent to access roads that can accommodate increased traffic. In addition, the commercial use shall not generate noise, smoke, steam, odour, dust, fumes, exhaust, vibration, heat, glare or refuse matter considered offensive or excessive by the Development Authority. The proposed home based business is a use subordinate to the principal residential use of the parcel, limited in size and intensity to avoid land use conflicts. Permitted Uses Dwelling, Single Detached Home Based Business, Minor Mobile Home Public Utility Sea Can (parcels 1.2 ha (3.0 ac) in size or more) August 2017 Page 39 Discretionary Uses Bed and Breakfast Child Care Facility Communication Tower Drinking Establishment Greenhouse (parcels 1.5 ha (5.0 ac) in size or more) Group Home Home Based Business, Agricultural Home Based Business, Major Park Model Personal Service Shops/Health and Wellness Centre Professional, Financial and Office Support Services Restaurant Retail Store Secondary Suite Other uses the Development Authority deems suitable for this District. Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: Maximum: 0.4 ha (1.0 ac) 2.0 ha (4.94 ac) Lot Width: Lot subdivided prior to January 1, 1960 (Min): All Other Cases (Min): 15.0 m (50.0 ft.) 30.0 m (98.0 ft.) Front Yard Setback: Internal Subdivision Road (Min): External Road ROW (Min): 7.6 m (25.0 ft.) 30.0 m (98.0 ft.)

48 Side Yard Setback: Rear Yard Setback: Development Standard Provincial Highway ROW (Min): 40.0 m (132.0 ft.) External Road ROW (Min): 20.0 m (66.0 ft.) Provincial Highway ROW (Min): 40.0 m (132.0 ft.) Lot subdivided prior to January 1, 1960 (Min): 1.8 m (6.0 ft.) All Other Cases (Min): 3.0 m (10.0 ft.) External Road ROW (Min): Provincial Highway ROW (Min): All Other Cases (Min): 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) 3.0 m (9.8 ft.) Height: Maximum: 10.0 m (33.0 ft.) Dwellings per Lot: Maximum: 2 subject to Section C1.12 B Residential Component Amenity 1) The dwelling shall be placed in the front of the parcel if the Development Authority is satisfied there is adequate separation and screening provided from adjacent parcels to the commercial use of the parcel. 2) The dwelling may be combined with a portion of all of this commercial use if the Development Authority is satisfied adequate provisions for the residential use are provided. 3) The main entry of the dwelling must face the main road and be prominently visible upon entering the parcel. The commercial use of the dwelling or accessory building should have its main entry facing the dwelling to minimize the appearance of the commercial use from the main road. B Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Keeping of Animals a) No livestock or poultry excluding chickens, with the exception of dogs, cats and other such household pets as are typically kept indoors, shall be kept on lots of less than 0.40 ha (1.0 ac) in size; b) On lots 0.61 Ha (1.5 ac) and larger, up to twelve (12) chickens shall be permitted. Roosters shall not be permitted; c) Subject to subsection (c), on a lot more than 1.2 ha (3.0 ac) in size, the following may be kept, not more than a total of two (2) of the following: horses, cattle, pigs, donkeys, mules, goats, or exotic animals, or, alternatively, a total of twelve fowl or rabbits; d) A person may be allowed to keep animals, livestock or fowl in excess of the number specified in subsection (b) if, in the opinion of the Development Authority, the lot is suitable for such use and it is determined that the additional numbers would not create a nuisance for neighbouring properties; e) Chicken coops shall not be placed closer to the front property line than the principal dwelling; and f) No livestock or poultry may be reared solely for the purpose of commercial sale. g) Where a development proposal is located adjacent to a naturally vegetated area or within agricultural lands, the FireSmart guidelines shall be incorporated into the layout of the dwelling and other buildings to the satisfaction of the Development Authority. August 2017 Page 40

49 B Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single Detached/Mobile 2 spaces per dwelling unit Home/Park Model Home Based Business, Minor None Required Home Based Business, Major 2 space in addition to residential requirement Secondary Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Bed and Breakfast 1 space per guest room in addition to residential requirement Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 4 spaces for staff Personal Service Shops/Health and 1 space per m 2 (1000 ft 2 ) Wellness Centre Greenhouse/Plant Nursery As required by the Development Authority Professional, Financial and Office 1 space per m 2 (1000 ft 2 ) Support Retail Store 1 space per m 2 (1000 ft 2 ) Other Commercial Uses Not Listed As required by the Development Authority Industrial Uses Abattoir/Agriculture, Intensive 2 spaces plus 1 space per employee Other Industrial Uses Not Listed As required by the Development Authority B Accessory Buildings and Uses Accessory buildings or uses may, at the discretion of the Development Authority, be permitted within the Rural Residential Work/Live District (RRW) prior to the erection of a principal building or use. August 2017 Page 41

50 B4 COMMERCIAL DISTRICTS B4.1 CENTRAL COMMERCIAL DISTRICT (CC) B4.1.1 Purpose The purpose of this district is to accommodate commercial uses which will service the needs of residents in designated hamlets. Permitted Uses Discretionary Uses Child Care Facility Apartment Housing (above a commercial Essential Public Service use only) Gas Bar Automotive and Equipment Services Government Services Commercial Schools Health Services Community Facility Hotel Conference Facility Motel Contractor, Limited Personal Service Shop Drinking Establishment Professional, Financial, and Office Support Drive Through Business Services Emergency Shelter Public Utility Fleet Services Restaurant, Gaming Establishment Retail Store Health and Wellness Centre Retail Store, Convenience Liquor Store Service Station Motor Vehicle Dealership Nightclub Parking, Non-Accessory Private Club Recreation Facility, Indoor Religious Assembly Veterinary Services, Minor Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B4.1.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: m 2 (3,014.0 ft. 2 ) Lot Width: Minimum: 7.6 m (25.0 ft.) Front Yard Setback: Minimum: None required Side Yard Setback: Adjacent to Residential District (Min): All Other Cases (Min): 3.0 m (10.0 ft.) None required Rear Yard Setback: Minimum: 3.0 m (10.0 ft.) August 2017 Page 42

51 Development Standard Height: Maximum: 14.0 m, or 4 storeys, whichever is greater. Floor area ratio: Maximum: 2.0 Landscaping: Minimum: None required unless for screening B4.1.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Any side or rear yard that abuts a residential district shall be screened by means of a fence or landscaping, or both, to the satisfaction of the Development Authority. 3) Outside storage of goods, products, materials, or equipment shall be screened from view from public roads in accordance with Section C4. 4) All mechanical equipment, including roof mechanical units, shall be concealed by screening in a manner compatible with the architectural character of the building or concealed by incorporating it within the building, to the satisfaction of the Development Authority. 5) In mixed-use residential and commercial developments located within this district, the residential dwelling units shall be above the first storey of a commercial use and have a separate and direct access to the outside street level; and a minimum amenity area of 4.7 m 2 (51.0 ft. 2 ) per dwelling shall be provided. 6) Where the lot is part of a main street, the architectural treatment of the building shall include features such as: a) placement of windows to allow for viewing in the building by pedestrians; b) entrance features; c) canopies; d) features that lend visual interest and create a human scale; and e) on corner lots, the façade treatment shall wrap around the side of the building to provide a consistent profile. All to the satisfaction of the Development Authority. 7) Where multiple commercial uses are to be built on a single lot or grouping of lots, specific regulations shall be determined by the Development Authority, who shall consider the development on an overall scheme basis by taking into account the location of buildings, access and parking, and the nature of the proposed commercial uses. 8) Entertainment establishments, hotels, automotive equipment services and service stations require a minimum setback of 7.6 m (25.0 ft.) on any side abutting a residential development. B4.1.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. For the historic commercial centres for the hamlets of Lac La Biche and Plamondon, Section C3.2 prevails. August 2017 Page 43

52 Residential Uses Apartment Housing 1 space per studio or 1 bedroom dwelling unit, plus 1.5 spaces per 2 bedroom dwelling unit, plus 1.75 spaces per 3 bedroom dwelling unit plus 1 visitor space per 6 dwellings Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Automotive and Equipment 2 spaces per m 2 (1,076.0 ft. 2 ) Services/Industrial Equipment Services Convenience Retail/Service Station 1 space per 37.2 m 2 (400.0 ft. 2 ) plus 1 space per gas pump plus queueing space Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 4 spaces for staff Fitness Centre 5 spaces per m 2 (1,076.0 ft. 2 ) Gaming Establishments 1 space per 10.0 m 2 (108.0 ft. 2 ) of Gross Floor Area Health Services 6 spaces per m 2 (1,076.0 ft. 2 ) Hotel/Motel 1 space per guest room plus 1 space per 3 employees Liquor Store 1space per 37.2 m 2 (400.0 ft. 2 ) Personal Service Shops/Health and 1 spaces per 37.2 m 2 (400.0ft. 2 ) Wellness Centre Professional, Financial and Office 1 space per 37.2 m 2 Support Retail Store 1 spaces per 37.2 m 2 (400.0ft. 2 ) Veterinary Service, /Minor 2 spaces per examination table plus 4 spaces for staff Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Assembly Hall 1 space per 5 seating spaces Child Care Facility 1 space per 4 children Community Facility/Conference 1 space per 9.3 m 2 (100.0 ft. 2 ) Facility Essential Public Service 1 space per 37.2 m 2 (400.0 ft. 2 ) Library 1 space per 37.2 m 2 (400.0 ft. 2 ) Private Club 1 space per 10 members Recreation Facility, Indoor 1.5 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area plus 1 space per 4 persons of building capacity Religious Assembly 1 space per 4 seating spaces Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 44

53 B4.2 HIGHWAY COMMERCIAL DISTRICT (HC) B4.2.1 Purpose The purpose of this district is to accommodate the development of highway commercial land uses in locations best suited to serve the traveling public without conflicting with the safety of Provincial Highways or other land uses. An applicant must obtain a roadside development permit from the Provincial Authority in addition to a development permit for development within m (2, ft.) of a Provincial Highway. Permitted Uses Discretionary Uses Drinking Establishment Agricultural Service Facility Drive Through Business Automotive and Equipment Services Essential Public Service Bulk Plant Gas Bar Campground, Tourist Government Services Commercial Vehicle Inspection Home Improvement Centre Communication Tower Hotel Community Facility Motel Conference Facility Personal Service Shop Contractor, General Professional, Financial, and Office Support Contractor, Limited Services Gaming Establishment Public Utility Greenhouse/Plant Nursery Restaurant Health Services Retail Store Health and Wellness Centre Retail Store, Convenience Heavy Equipment Dealership Service Station Liquor Store Veterinary Services, Minor Lumber Yard Mini-Storage Facility Motor Vehicle Dealership Parking, Non-Accessory Recreation Facility, Indoor Recreation Facility, Major Recreation Facility, Outdoor Recycling Facility Religious Assembly Retail, Large Format Sea can Security Suite Storage Facility, Outdoor Veterinary Services, Major Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. August 2017 Page 45

54 B4.2.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Width: Minimum: m (591.0 ft.) Front Yard Setback: Provincial Highway ROW 40.0 m (132.0 ft.) (Min): External Road ROW (Min): Internal Subdivision Road 30.0 m (98 ft.) 10.0 m (33.0 ft.) (Min): Side Yard Setback: Rear Yard Setback: Adjacent to Road (Min): Provincial Highway ROW (Min): All Other Cases (Min): Adjacent to Road (Min): Provincial Highway ROW (Min): 30.0 m (99.0 ft.) 40.0 m (132.0 ft.) 6.1 m (20.0 ft.) 30.0 m (99.0 ft.) 40.0 m (132.0 ft.) All Other Cases (Min): 6.1 m (20.0 ft.) Height: Maximum: 14.0 m (46.0 ft.) Lot Coverage Maximum: 50% Landscaping: Minimum: 10% B4.2.3 Additional Requirements 1.) Refer to Part C for additional requirements based on the proposed development. 2.) Outdoor Storage and Display: a) Outdoor storage of goods, products, materials, or equipment on lots located along public thoroughfares and/or adjacent to a residential use, shall be screened from view. b) When part of the lot, including the front yard, is to be used for the temporary outdoor display of goods or products for sale, lease or hire, such displays shall be arranged and maintained in a neat and tidy manner, and c) Outdoor storage and display shall not unduly interfere with the amenities of the district, or materially interfere with or affect the use, enjoyment, or value of neighbouring properties. 3.) Where multiple commercial uses are to be built on a single lot, the Development Authority shall consider the development on an overall scheme basis by taking into account the location of buildings, access, and parking, and the nature of the proposed commercial uses. 4.) No outdoor storage is permitted in a front yard unless required to display finished goods that are for sale on the Site. 5.) Automotive equipment services require a minimum setback of 7.6 m (25.0 ft.) on any side abutting a residential development. August 2017 Page 46

55 B4.2.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Security Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Automotive and Equipment 2 spaces per m 2 (1,076.0 ft. 2 ) Services/Industrial Equipment Services Bulk Plant 1 space per filling position plus 4 spaces for staff Convenience Retail/Service Station 1 space per 37.2 m 2 (400.0 ft. 2 ) plus 1 space per gas pump plus queueing space Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 4 spaces for staff Gaming Establishments 1 space per 10.0 m 2 (108.0 ft. 2 ) of Gross Floor Area Greenhouse/Plant Nursery As required by the Development Authority Health Services 6 spaces per m 2 (1,076.0 ft. 2 ) Hotel/Motel 1 space per guest room plus 1 space per 3 employees Liquor Store 1space per 37.2 m 2 (400.0 ft. 2 ) Lumber Yard/Home Improvement 1 space per hectare of Site area plus 1 space Centre per 37.2 m 2 (400 ft. 2 ) of retail area Motor Vehicle Dealership/Heavy 2 spaces per 100 m 2 (1,076 ft. 2 ) Equipment Dealership Personal Service Shops/Health and 1 spaces per 37.2 m 2 (400.0 ft. 2 ) Wellness Centre Professional, Financial and Office 1 space per 37.2 m 2 Support Retail, Large Format 1.5 spaces per m 2 (1,076.0 ft. 2 ) Retail Store 1 spaces per 37.2 m 2 (400.0 ft. 2 ) Veterinary Service, Major/Minor 2 spaces per examination table plus 4 spaces for staff Other Commercial Uses Not Listed As required by the Development Authority Industrial Uses Recycling Facility 1 stall/100.0 m 2 (1,076.0 ft. 2 ) for first 2,000.0 m 2 (21,530.0 ft. 2 ) then 1 stall/500.0 m 2 (5,382.0 ft. 2 ) Other Industrial Uses Not Listed As required by the Development Authority August 2017 Page 47

56 Institutional/Recreation Uses Campground 1 space per campsite plus 1 space per 10 campsites for visitors Community Facility/Conference 1 space per 9.3 m 2 (100.0 ft. 2 ) of gross floor Facility area Essential Public Service 1 space per 37.2 m 2 (400.0 ft. 2 ) Recreation Facility, Indoor 1.5 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area plus 1 space per 4 persons of building capacity Recreation Facility, Outdoor 10 spaces per m 2 (1,076.0 ft. 2 ) of core activity space Religious Assembly 1 space per 4 seating spaces Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 48

57 B4.3 NEIGHBOURHOOD COMMERCIAL DISTRICT (NC) B4.3.1 Purpose The purpose of this district is to provide for uses, which are intended to serve the day-to-day needs of residents within residential neighbourhoods. This district shall be located at the edge of a neighbourhood, and development shall be sensitive and in scale with adjacent residential development. Permitted Uses Discretionary Uses Child Care Facility Community Facility Personal Service Shop Drinking Establishment Professional, Financial, and Office Support Gas Bar Services Health Services Public Utility Liquor Store Retail Store Private Club Retail Store, Convenience Restaurant Service Station Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B4.3.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: 0.1 ha (0.4 ac) Lot Width: Minimum: 7.6 m (25.0 ft.) Front Yard Setback: Minimum: 6.1 m (20.0 ft.) Side Yard Setback: Minimum: 3.0 m (10.0 ft.) Rear Yard Setback: Minimum: 7.6 m (25.0 ft.) Height: Maximum: 14.0 m (46.0 ft.) Lot Coverage: Maximum: 50% Landscaping: Minimum: 10% B4.3.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Where a development abuts a residential district, the abutting yard(s) shall be a minimum of 4.5 m (15.0 ft.) in width and shall be landscaped. In addition, where a development abuts a residential district or is separated from residential development by a lane, a solid fence of a minimum 1.8 m (6.0 ft.) in height shall be provided. 3) Outside storage of goods, products, materials, or equipment shall be limited to the rear or side yard, and shall be screened from public view. 4) Where multiple commercial uses are to be built on a single lot, the Development Authority shall consider the development on an overall scheme basis by taking into account the location of August 2017 Page 49

58 buildings, access and parking, and the nature of the proposed commercial uses. 5) A drinking establishment located in this district shall not exceed a capacity of fifty (50) seats. B4.3.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Commercial/Office Uses Convenience Retail/Service Station 1 space per 37.2 m 2 (400.0 ft. 2 ) plus 1 space per gas pump plus queueing space Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 4 spaces for staff Fitness Centre 5 spaces per m 2 (1,076 ft. 2 ) Health Services 6 spaces per m 2 (1,076 ft. 2 ) Liquor Store 1space per 37.2 m 2 (400.0 ft. 2 ) Personal Service Shops/Health and 1 spaces per 37.2 m 2 (400.0 ft. 2 ) Wellness Centre Professional, Financial and Office 1 space per 37.2 m 2 Support Retail Store 1 spaces per 37.2 m 2 (400.0 ft. 2 ) Veterinary Service, Minor 2 spaces per examination table plus 4 spaces for staff Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Child Care Facility 1 space per 4 children Community Facility/Conference 1 space per 9.3 m 2 (100.0 ft. 2 ) Facility Private Club 1 space per 10 members Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 50

59 B4.4 RURAL COMMERCIAL DISTRICT (RC) B4.4.1 Purpose The purpose of this district is to accommodate the development of commercial land uses on isolated sites located outside hamlets that are not situated adjacent to a Provincial Highway. Permitted Uses Gas Bar Personal Service Shop Public Utility Restaurant Retail Store Retail Store, Convenience Sea Can Service Station Discretionary Uses Agricultural Service Facility Animal Service Facility Automotive and Equipment Services Bulk Plant Contractor, General Contractor, Limited Greenhouse/Plant Nursery Industrial Equipment Services Liquor Store Mini-Storage Facility Parking, Non-Accessory Security Suite Storage Facility, Outdoor B4.4.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: 0.4 ha (1.0 ac) Front Yard Setback: External Road ROW (Min): Internal Subdivision Road 20.0 m (65.6 ft.) 10.0 m (33.0 ft.) (Min): Side Yard Setback: Adjacent to Road (Min): All Other Cases (Min): 15.0 m (50.0 ft.) 6.1 m (20.0 ft.) Rear Yard Setback: Adjacent to Road (Min): All Other Cases (Min): 15.0 m (50.0 ft.) 6.1 m (20.0 ft.) Height: Maximum: 14.0 m (46.0 ft.) Lot Coverage Maximum: 50% Landscaping: Minimum: 10% B4.4.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Outdoor Storage and Display: a) Outdoor storage of goods, products, materials, or equipment on lots located along public thoroughfares and/or adjacent to a residential use, shall be screened from view. b) When part of the lot, including the front yard, is to be used for the temporary outdoor display of goods or products for sale, lease or hire, such displays shall be arranged and maintained in a neat and tidy manner, and August 2017 Page 51

60 c) Outdoor storage and display shall not unduly interfere with the amenities of the district, or materially interfere with or affect the use, enjoyment, or value of neighbouring properties. 3) No outdoor storage is permitted in a front yard unless required to display finished goods that are for sale on the lot. B4.4.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Security Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Animal Service Facility 1 space per 4 animals boarded Automotive and Equipment 2 spaces per m 2 (1,076.0 ft. 2 ) Services/Industrial Equipment Services Bulk Plant 1 space per filling position plus 4 spaces for staff Convenience Retail/Service Station 1 space per 37.2 m 2 (400.0 ft. 2 ) plus 1 space per gas pump plus queueing space Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 4 spaces for staff Greenhouse/Plant Nursery As required by the Development Authority Liquor Store 1 space per 37.2 m 2 (400.0 ft. 2 ) Personal Service Shops/Health and 1 spaces per 37.2 m 2 (400.0 ft. 2 ) Wellness Centre Retail Store 1 spaces per 37.2 m 2 (400.0 ft. 2 ) Other Commercial Uses Not Listed As required by the Development Authority Industrial Equipment Services/Other Industrial Uses Not Listed Industrial Uses As required by the Development Authority B Accessory Buildings Accessory buildings or uses may be permitted within the Rural Commercial District (RC) prior to the erection of a principal building or use. August 2017 Page 52

61 B4.5 MIXED USE RESIDENTIAL BUSINESS DISTRICT (MRB) B4.5.1 Purpose The purpose of this district is to allow a mix of commercial and residential uses in the context of a sustainable, healthy and pedestrian focused neighbourhood. The focus is for a transition from residential to commercial in terms of nature. This district shall only be applied to the County s designated hamlets. Permitted Uses Artisan Shop Child Care Facility Essential Public Service Government Services Health Services Home Based Business, Minor Personal Service Shop Professional, Financial, and Office Support Services Public Utility Restaurant Retail Store Retail Store, Convenience Discretionary Uses Apartment Housing (above a commercial use only) Community Facility Conference Facility Contractor, Limited Drinking Establishment Dwelling, Duplex Dwelling, Single Detached Emergency Shelter Home Based Business, Major Live Work Residence Parking, Non-Accessory Private Club Accessory Uses and Buildings are permitted where the Principal Building or Use is a Permitted Use and for which a Development Permit has been issued, and are a Discretionary Use where the Principal Building or Use is a Discretionary Use and for which a Development Permit has been issued General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: m 2 (3,014.0 ft 2 ) Lot Width: Minimum: 7.6 m (25.0 ft) Lot Coverage: Principal Building (Max): Accessory Buildings (Max): All Buildings (Max): Front Yard Setback: Dwelling, Single Detached/Duplex Side Yard Setback: All Other Cases: Adjacent to Residential District (Min): 28% 12% 40% 7.6 m (25.0 ft.) None required All sites which abut a residential district shall have a minimum yard setback requirement equal to the setback requirement for the adjacent residential use. August 2017 Page 53

62 Development Standard All Other Cases (Min): None required Rear Yard Setback: Minimum: 3.0 m (9.8 ft) Height: Maximum: 14.0 m, or 4 Storeys, whichever is greater for commercial developments 10.0 m (32.8 ft.) for single family dwellings Floor area ratio: Maximum: 2.0 Landscaping: Minimum: 15% B4.5.3 Additional Requirements 1.) Any side or rear yard that abuts a residential district shall be screened by means of a fence or landscaping, or both. 2.) Outside storage of goods, products, materials, or equipment shall be screened from view from public roads in accordance with Section C ) In mixed-use residential and commercial developments located within this district, the residential dwelling units shall be above the first storey of a commercial use and have a separate and direct access to the outside street level; and a minimum amenity area of 7.5 m 2 (80.7 ft 2 ) per dwelling shall be provided. 4.) A non-residential use must not be located above or on the same storey as a dwelling unit in the same building. 5.) Where the site is part of a pedestrian-oriented shopping street, the architectural treatment of the building shall include features such as: a) placement of windows to allow for viewing in the building by pedestrians; b) entrance features; c) canopies; d) features that lend visual interest and create a human scale; and e) on corner sites, the façade treatment shall wrap around the side of the building to provide a consistent profile. August 2017 Page 54

63 B Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Apartment Housing 1 space per studio or 1 bedroom dwelling unit, plus 1.5 spaces per 2 bedroom dwelling unit, plus 1.75 spaces per 3 bedroom dwelling unit plus 1 visitor space per 4 dwellings Dwelling, Single Detached/Duplex 2 spaces per dwelling unit Home Based Business, Major 2 spaces in addition to residential requirement Home Based Business, Minor None Required Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Convenience Retail/Service Station 1 space per 37.2 m 2 (400.0 ft 2 ) plus 1 space per gas pump plus queueing space Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 2 spaces for staff Fitness Centre 5 spaces per m 2 (1,076.0 ft 2 ) Gaming Establishments 1 space per 10.0 m 2 (108.0 ft 2 ) of Gross Floor Area Health Services 6 spaces per m 2 (1,076.0 ft 2 ) Personal Service Shops 1 space per 37.2 m 2 (400.0 ft 2 ) Professional, Financial and Office 1 space per 37.2 m 2 Support Retail Store 1 space per 37.2 m 2 (400.0 ft 2 ) Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Assembly Hall 1 space per 5 seating spaces Child Care Facility 1 space per 4 children Community Facility/Conference 1 space per 9.3 m 2 (100.0 ft 2 ) Facility Essential Public Service 1 space per 37.2 m 2 (400.0 ft 2 ) Library 1 space per 37.2 m 2 (400.0 ft 2 ) Private Club 1 space per 10 members Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 55

64 B4.6 HAMLET COMMERCIAL BUSINESS DISTRICT (HCB) B4.6.1 Purpose The purpose of this district is to provide for commercial business development adjacent to collector roads that operate in such a manner that nuisances will not negatively affect other types of land uses in proximity to this area. Limited outdoor activities (loading, service, storage, etc.) that are accessory to a principal use may occur providing the scale of such activities does not dominate the use of the lot. Permitted Uses Discretionary Uses Contractor, Limited Adult Entertainment Facility Fleet Services Agricultural Service Facility Lumber Yard Animal Service Facility Mini-Storage Facility Automotive and Equipment Services Professional, Financial, and Office Support Communication Tower Services Contractor, General Public Utility Drinking Establishment Security Suite Drive Through Business Veterinary Services, Major Funeral Services Veterinary Services, Minor Motor Vehicle Dealership Parking, Non-Accessory Restaurant Retail, Large Format Retail Store Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B4.6.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Width: Minimum: 50.0 m (165.0 ft.) Front Yard Setback: Provincial Highway ROW (Min): All Other Cases (Min): 40.0 m (132.0 ft.) 6.1 m (20.0 ft.) Side Yard Setback: Provincial Highway ROW (Min): Abutting a Residential District (Min): All Other Cases (Min): 40.0 m (132.0 ft.) 10.0 m (33.0 ft.) 6.1 m (20.0 ft.) Rear Yard Setback: Public Road (Min): Provincial Highway ROW (Min): Abutting a Residential District (Min): All Other Cases (Min): 30.0 m (99.0 ft.) 40.0 m (132.0 ft.) 10.0 m (33.0 ft.) 6.1 m (20.0 ft.) Height: Maximum: 14.0 m (46.0 ft.) Lot Coverage Maximum: 60% Landscaping: Minimum: 10%, including 3.0 m (10.0 ft.) August 2017 Page 56

65 B4.6.3 Additional Requirements Development Standard strip along Lot line Abutting a Public Road 1) Refer to Part C for additional requirements based on the proposed development. 2) Outdoor Storage and Display: a) With the exception of the display of finished goods for sale, there shall be no outside storage of goods, products, materials, or equipment permitted within a front yard. b) All external storage areas shall be screened from public view by way of fencing, landscaping, or both. c) No outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m (10.0 ft.) of any lot line that abuts a residential district, and a solid screen fence of a minimum 1.8 m (6.0 ft.) in height shall be installed along all side and rear lot lines that abut a residential district. 3) Buffering and Setbacks a) On-site visual buffering shall be required for the edge of business commercial properties that are located adjacent to residential lots or other high-visibility transportation corridors. Such buffering may take the form of fencing, berms, landscaping, natural vegetation or a combination of these. B4.6.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Commercial/Office Uses Adult Entertainment Facility 1 space per m 2 (200.0 ft. 2 ) of gross floor area Animal Service Facility Automotive and Equipment Services/Industrial Equipment Services 1 space per 4 animals boarded 2 spaces per m 2 (1,076.0 ft. 2 ) Convenience Retail/Service Station 1 space per 37.2 m 2 (400.0 ft. 2 ) plus 1 space per gas pump plus queueing space Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 4 spaces for staff Funeral Services 1 space per 4 seats Liquor Store 1space per 37.2 m 2 (400.0 ft. 2 ) Lumber Yard/Home Improvement Centre 1 space per hectare of Site area plus 1 space per 37.2 m 2 (400 ft. 2 ) of retail area Motor Vehicle Dealership/Heavy 2 spaces per m 2 (1,076.0 ft. 2 ) Equipment Dealership Personal Service Shops/Health and 1 spaces per 37.2 m 2 (400.0 ft. 2 ) August 2017 Page 57

66 Wellness Centre Professional, Financial and Office 1 space per 37.2 m 2 Support Retail, Large Format 1.5 spaces per m 2 (1,076.0 ft. 2 ) Retail Store 1 space per 37.2 m 2 (400.0 ft. 2 ) Veterinary Service, Major/Minor 2 spaces per examination table plus 4 spaces for staff Other Commercial Uses Not Listed As required by the Development Authority Industrial Uses Industrial Use/Recycling Facility 1 stall per m 2 (1,076.0 ft. 2 ) for first 2,000.0 m 2 (21,530.0 ft. 2 ) then 1 stall per m 2 (5,382.0 ft. 2 ) Other Industrial Uses Not Listed As required by the Development Authority August 2017 Page 58

67 B5 INDUSTRIAL DISTRICTS B5.1 LIGHT INDUSTRIAL DISTRICT (LI) B5.1.1 Purpose The purpose of this district is to provide for light industrial developments outside of hamlets that operate in such a manner that nuisances are not created. Limited outdoor activities (loading, service, storage, etc.) that are accessory to a principal use may occur providing the scale of such activities does not dominate the use of the lot. Permitted Uses Discretionary Uses Contractor, Limited Adult Entertainment Facility Fleet Services Agricultural Service Facility Gas Bar Animal Service Facility Industry, General Automotive and Equipment Services Industry, Light Bulk Plant Lumber Yard Communication Tower Mini-Storage Facility Contractor, General Professional, Financial, and Office Support Drinking Establishment Services Drive Through Business Public Utility Funeral Services Security Suite Gaming Establishment Veterinary Services, Major Greenhouse/Plant Nursery Veterinary Services, Minor Motor Vehicle Dealership Parking, Non-Accessory Recycling Facility Restaurant Retail, Large Format Retail Store Retail Store, Convenience Salvage Yard Service Station Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B5.1.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Width: Minimum: 50.0 m (165.0 ft.) Front Yard Setback: Provincial Highway ROW (Min): All Other Cases (Min): 40.0 m (132.0 ft.) 6.1 m (20.0 ft.) Side Yard Setback: Provincial Highway ROW (Min): Abutting a Residential District (Min): 40.0 m (132.0 ft.) 10.0 m (33.0 ft.) August 2017 Page 59

68 Development Standard All Other Cases (Min): 6.1 m (20.0 ft.) Rear Yard Setback: Public Road (Min): Provincial Highway ROW (Min): Abutting a Residential District (Min): All Other Cases (Min): 30.0 m (99.0 ft.) 40.0 m (132.0 ft.) 10.0 m (33.0 ft.) 6.1 m (20.0 ft.) Height: Maximum: 14.0 m (46.0 ft.) Lot Coverage Maximum: 60% Landscaping: Minimum: 10%, including 3.0 m (10.0 ft.) strip along Lot line Abutting a Public Road B5.1.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Any industrial operation, including production, processing, cleaning, testing, repair, storage or distribution of any good or material shall conform to the following standards: a) Smoke, dust, ash, odor, and toxic gases shall only be released to the atmosphere in such amounts and under such conditions and safeguards as shall have been approved by the Development Authority and any Provincial or Federal authority having jurisdiction; b) No industrial operation shall be carried out which would produce glare, heat, noise, or vibration so as to be offensive beyond the boundary of the subject lot; c) No industrial waste shall be discharged into any sewer which does not conform to the standards established from time to time by the County s Bylaws, policies, manuals, and regulations; d) The operation of all uses shall comply with any applicable Provincial or Federal legislation or regulations. If the Development Authority believes that a proposed use may conflict with these requirements, the development permit application shall be referred to the appropriate Provincial or Federal agency for comment prior to considering a decision on the development permit application; and e) The onus of proving to the Development Authority s satisfaction that a proposed development does and will comply with these performance standards rests with the developer. 3) Outdoor Storage and Display: a) With the exception of the display of finished goods for sale, there shall be no outside storage of goods, products, materials, or equipment permitted within a front yard. b) All external storage areas shall be screened from public view by way of fencing, landscaping, or both. c) No outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m (10.0 ft.) of any lot line that abuts a residential district. d) A solid screen fence of a minimum 1.8 m (6.0 ft.) in height shall be installed along all side and rear lot lines. 4) Buffering and Setbacks a) On-site visual buffering shall be required for the edge of industrial properties that are located adjacent to residential lots or other high-visibility transportation corridors. Such buffering may take the form of fencing, berms, landscaping, natural vegetation or a combination of these. August 2017 Page 60

69 B5.1.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Commercial/Office Uses Adult Entertainment Facility 1 space per m 2 (200.0 ft. 2 ) of gross floor area Animal Service Facility Automotive and Equipment Services/Industrial Equipment Services 1 space per 4 animals boarded 2 spaces per m 2 (1,076.0 ft. 2 ) Bulk Plant 1 space per filling position plus 4 spaces for staff Convenience Retail/Service Station 1 space per 37.2 m 2 (400.0 ft. 2 ) plus 1 space per gas pump plus queueing space Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 4 spaces for staff Funeral Services 1 space per 4 seats Gaming Establishments 1 space per 10.0 m 2 (108.0 ft. 2 ) of Gross Floor Area Greenhouse/Plant Nursery As required by the Development Authority Liquor Store 1space per 37.2 m 2 (400.0 ft. 2 ) Lumber Yard/Home Improvement Centre 1 space per hectare of site area plus 1 space per 37.2 m 2 (400 ft. 2 ) of retail area Motor Vehicle Dealership/Heavy 2 spaces per m 2 (1,076.0 ft. 2 ) Equipment Dealership Personal Service Shops/Health and 1 spaces per 37.2 m 2 (400.0 ft. 2 ) Wellness Centre Professional, Financial and Office 1 space per 37.2 m 2 Support Retail, Large Format 1.5 spaces per m 2 (1,076.0 ft. 2 ) Retail Store 1 space per 37.2 m 2 (400.0 ft. 2 ) Veterinary Service, Major/Minor 2 spaces per examination table plus 4 spaces for staff Other Commercial Uses Not Listed As required by the Development Authority Industrial Uses Industrial Use/Recycling Facility 1 stall per m 2 (1,076.0 ft. 2 ) for first 2,000.0 m 2 (21,530.0 ft. 2 ) then 1 stall per m 2 (5,382.0 ft. 2 ) Other Industrial Uses Not Listed As required by the Development Authority August 2017 Page 61

70 B5.2 GENERAL INDUSTRIAL DISTRICT (GI) B5.2.1 Purpose The purpose of this district is to permit and control the development of those industries which require large tracts of land and are best suited outside of the designated hamlets or within an industrial park setting. Permitted Uses Agricultural Service Facility Auctioneering Establishment Automotive and Equipment Services Contractor, General Contractor, Limited Fleet Services Gas Bar Home Improvement Centre Industry, General Industry, Light Mini-Storage Facility Professional, Financial, and Office Support Services Public Utility Recycling Facility Sea Cans Service Station Storage Facility, Outdoor Veterinary Services, Major Veterinary Services, Minor Discretionary Uses Abattoir Adult Entertainment Facility Airstrip Animal Service Facility Auto Wrecker Bulk Plant Communication Tower Gaming Establishment Greenhouse/Plant Nursery Heavy Equipment Dealership Industrial Equipment Services Intermodal Facility Landfill, Industrial Motor Vehicle Dealership Parking, Non-Accessory Security Suite Waste Management Facility B5.2.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: 1.0 ha (2.5 ac) Lot Width: Minimum: 50.0 m (164.0 ft.) Front Yard Setback: Provincial Highway ROW (Min): Internal Subdivision Road (Min): External Road ROW (Min): Side Yard Setback: Rear Yard Setback: Adjacent to Road (Min): Provincial Highway ROW (Min): Adjacent to Residential District and all Other Cases (Min): Adjacent to Road (Min): Provincial Highway ROW (Min): All Other Cases (Min): 40.0 m (131.0 ft.) 10.0 m (33.0 ft.) 20.0 m (66.0 ft.) 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) 6.1 m (20.0 ft.) 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) 6.1 m (20.0 ft.) August 2017 Page 62

71 Development Standard Height: Maximum: 20.0 m (66.0 ft.) Lot Coverage: Maximum: 60%, provided that provision has been made for on-site parking, loading, storage, and waste disposal Landscaping: Minimum: 10%, including 3.0 m (10.0 ft.) strip along lot lines abutting a public road B5.2.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Outdoor Storage and Display: a) Outdoor storage of goods, products, materials, or equipment on lots located along public thoroughfares and/or adjacent to a residential use, shall be screened from view. b) When part of the lot, including the front yard, is to be used for the temporary outdoor display of goods or products for sale, lease or hire, such displays shall be arranged and maintained in a neat and tidy manner, and c) Shall not unduly interfere with the amenities of the district, or materially interfere with or affect the use, enjoyment, or value of neighbouring properties. 3) Buffering a) On-site visual buffering shall be required for the edge of industrial properties that are located adjacent to residential lots or other high-visibility transportation corridors. Such buffering may take the form of fencing, berms, landscaping, natural vegetation or a combination of these to the satisfaction of the Development Authority. b) Notwithstanding any other provision of this Bylaw, where Industrial development is proposed on a forested lot adjacent to established multi-lot residential development or other highvisibility lot (see Figure 1), a natural forested buffer not exceeding m (328.0 ft.) in width may be required by the Development Authority in lieu of fencing, berms or other measures. B5.2.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Security Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Adult Entertainment Facility 1 space per m 2 (200.0 ft. 2 ) of gross floor area Animal Service Facility 1 space per 4 animals boarded August 2017 Page 63

72 Automotive and Equipment Services/Industrial Equipment Services Bulk Plant Gaming Establishments Greenhouse/Plant Nursery Lumber Yard/Home Improvement Centre Motor Vehicle Dealership/Heavy Equipment Dealership Professional, Financial and Office Support Service Station Veterinary Service, Major/Minor Other Commercial Uses Not Listed 2 spaces per m 2 (1,076.0 ft. 2 ) 1 space per filling position plus 4 spaces for staff 1 space per 10.0 m 2 (108.0 ft. 2 ) of Gross Floor Area As required by the Development Authority 1 space per hectare of Site area plus 1 space per 37.2 m 2 (400.0 ft. 2 ) of retail area 2 spaces per m 2 (1,076.0 ft. 2 ) 1 space per 37.2 m space per m 2 plus 1 space per gas pump plus queueing space 2 spaces per examination table plus 4 spaces for staff As required by the Development Authority Industrial Uses Abattoir/Agriculture, Intensive 2 spaces plus 1 space per employee Industrial Uses/Recycling 1 space per m 2 (1,076.0 ft. 2 ) for first Facility/Waste Management Facility 2,000.0 m 2 (21,530.0 ft. 2 ) then 1 space per m 2 (5,382.0 ft. 2 ) Other Industrial Uses Not Listed As required by the Development Authority B5.2.5 Accessory Buildings Accessory buildings or uses may be permitted within the General Industrial District (GI) prior to the erection of a principal building or use. August 2017 Page 64

73 B5.3 HEAVY INDUSTRIAL DISTRICT (HI) B5.3.1 Purpose The purpose of this district is to provide for industrial uses that, due to their appearance, noise, odour, risk of toxic emissions, or fire and explosion hazards are incompatible with residential, commercial, and other land uses. This district should be located in areas that do not interfere with the safety, use, amenity or enjoyment of any surrounding districts. Permitted Uses Aggregate Extraction Communication Tower Heavy Equipment Dealership Industry, Heavy Natural Resource Industry Public Utility Recycling Facility Sea Can Storage Facility, Outdoor Discretionary Uses Abattoir Airstrip Animal Service Facility Auto Wrecker Bulk Plant Contractor, General Intermodal Facility Landfill, Industrial Medical Marijuana Production Facility Parking, Non-Accessory Salvage Yard Security Suite Waste Management Facility Work Camp B5.3.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: 2.0 ha (5.0 ac) Lot Width: Minimum: m (330.0 ft.) Front Yard Setback: Provincial Highway ROW (Min): Internal Subdivision Road (Min): External Road ROW (Min): Side Yard Setback: Adjacent to Road (Min): Provincial Highway ROW (Min): All Other Cases (Min): Rear Yard Setback: Adjacent to Road (Min): Provincial Highway ROW (Min): All Other Cases (Min): 40.0 m (132.0 ft.) 10.0 m (33.0 ft.) 20.0 m (66.0 ft.) 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) 10.0 m (33.0 ft.) 20.0 m (66.0 ft.) 40.0 m (132.0 ft.) 10.0 m (33.0 ft.) Height: Maximum: 30.0 m (99.0 ft.) Landscaping: Minimum: 10%, including 3.0 m (10.0 ft.) strip along lot line abutting a public road August 2017 Page 65

74 B5.3.3 Additional Requirements Refer to Part C for additional requirements based on the proposed development. B5.3.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Security Suite 1 space per suite Work Camp 1 space per Sleeping Unit Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Animal Service Facility 1 space per 4 animals boarded Bulk Plant 1 space per filling position plus 4 spaces for staff Motor Vehicle Dealership/Heavy 2 spaces per m 2 (1,076.0 ft. 2 ) Equipment Dealership Other Commercial Uses Not Listed As required by the Development Authority Industrial Uses Abattoir/Agriculture, Intensive 2 spaces plus 1 space per employee Industrial Use/Recycling 1 stall per m 2 (1,076.0 ft. 2 ) for first Facility/Waste Management Facility 2,000.0 m 2 (21,530.0 ft. 2 ) then 1 stall per m 2 (5,382.0 ft. 2 ) Other Industrial Uses Not Listed As required by the Development Authority B5.3.5 Accessory Buildings Accessory buildings or uses may be permitted within the Heavy Industrial District (HI) prior to the erection of a principal building or use. August 2017 Page 66

75 B5.4 HAMLET LIGHT INDUSTRIAL DISTRICT (HLI) B5.4.1 Purpose The purpose of this district is to provide for light industrial development that operate in such a manner that nuisances will not negatively affect other types of land uses. Limited outdoor activities (loading, service, storage, etc.) that are accessory to a principal use may occur providing the scale of such activities does not dominate the use of the lot. This district shall only be applied to the County s designated hamlets. Permitted Uses Discretionary Uses Contractor, Limited Adult Entertainment Facility Fleet Services Agricultural Service Facility Industry, Light Animal Service Facility Lumber Yard Automotive and Equipment Services Mini-Storage Facility Communication Tower Professional, Financial, and Office Support Contractor, General Services Drinking Establishment Public Utility Drive Through Business Security Suite Funeral Services Veterinary Services, Minor Motor Vehicle Dealership Parking, Non-Accessory Recycling Facility Restaurant Retail, Large Format Retail Store Retail Store, Convenience Veterinary Services, Major Accessory uses and buildings are permitted where the principal building or use is a permitted use for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use for which a development permit has been issued. B5.4.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Width: Minimum: 50.0 m (165.0 ft.) Front Yard Setback: Provincial Highway ROW (Min): All Other Cases (Min): 40.0 m (132.0 ft.) 6.1 m (20.0 ft.) Side Yard Setback: Provincial Highway ROW (Min): Abutting a Residential District (Min): All Other Cases (Min): 40.0 m (132.0 ft.) 10.0 m (33.0 ft.) 6.1 m (20.0 ft.) Rear Yard Setback: Public Road (Min): Provincial Highway ROW (Min): Abutting a Residential District (Min): All Other Cases (Min): 30.0 m (99.0 ft.) 40.0 m (132.0 ft.) 10.0 m (33.0 ft.) 6.1 m (20.0 ft.) August 2017 Page 67

76 Development Standard Height: Maximum: 14.0 m (46.0 ft.) Lot Coverage Maximum: 60% Landscaping: Minimum: 10%, including 3.0 m (10.0 ft.) strip along lot line abutting a Public Road B5.4.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Any industrial operation, including production, processing, cleaning, testing, repair, storage or distribution of any good or material shall conform to the following standards: a) Smoke, dust, ash, odor, and toxic gases shall only be released to the atmosphere in such amounts and under such conditions and safeguards as shall have been approved by the Development Authority and any Provincial or Federal authority having jurisdiction; b) No industrial operation shall be carried out which would produce glare, heat, noise, or vibration so as to be offensive beyond the boundary of the subject lot; c) No industrial waste shall be discharged into any sewer which does not conform to the standards established from time to time by the County s Bylaws, policies, manuals, and regulations; d) The operation of all uses shall comply with any applicable Provincial or Federal legislation or regulations. If the Development Authority believes that a proposed use may conflict with these requirements, the development permit application shall be referred to the appropriate Provincial or Federal agency for comment prior to considering a decision on the development permit application; and e) The onus of proving to the Development Authority s satisfaction that a proposed development does and will comply with these performance standards rests with the developer. 3) Outdoor Storage and Display: a) With the exception of the display of finished goods for sale, there shall be no outside storage of goods, products, materials, or equipment permitted within a front yard. b) All external storage areas shall be screened from public view by way of fencing, landscaping, or both. c) No outdoor parking, trash collection or outdoor storage areas shall be developed within 3.0 m (10.0 ft.) of any lot line that abuts a residential district, and a solid screen fence of a minimum 1.8 m (6.0 ft.) in height shall be installed along all side and rear lot lines that abut a residential district. 4) Buffering and Setbacks a) On-site visual buffering shall be required for the edge of industrial properties that are located adjacent to residential lots or other high-visibility transportation corridors. Such buffering may take the form of fencing, berms, landscaping, natural vegetation or a combination of these. August 2017 Page 68

77 B5.4.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Commercial/Office Uses Adult Entertainment Facility 1 space per m 2 (200.0 ft. 2 ) of gross floor area Animal Service Facility Automotive and Equipment Services/Industrial Equipment Services 1 space per 4 animals boarded 2 spaces per m 2 (1,076.0 ft. 2 ) Convenience Retail/Service Station 1 space per 37.2 m 2 (400.0 ft. 2 ) plus 1 space per gas pump plus queueing space Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 4 spaces for staff Funeral Services 1 space per 4 seats Liquor Store 1space per 37.2 m 2 (400.0 ft. 2 ) Lumber Yard/Home Improvement Centre 1 space per hectare of Site area plus 1 space per 37.2 m 2 (400 ft. 2 ) of retail area Motor Vehicle Dealership/Heavy 2 spaces per m 2 (1,076.0 ft. 2 ) Equipment Dealership Personal Service Shops/Health and 1 spaces per 37.2 m 2 (400.0 ft. 2 ) Wellness Centre Professional, Financial and Office 1 space per 37.2 m 2 Support Retail, Large Format 1.5 spaces per m 2 (1,076.0 ft. 2 ) Retail Store 1 space per 37.2 m 2 (400.0 ft. 2 ) Veterinary Service, Major/Minor 2 spaces per examination table plus 4 spaces for staff Other Commercial Uses Not Listed As required by the Development Authority Industrial Uses Industrial Use/Recycling Facility 1 stall per m 2 (1,076.0 ft. 2 ) for first 2,000.0 m 2 (21,530.0 ft. 2 ) then 1 stall per m 2 (5,382.0 ft. 2 ) Other Industrial Uses Not Listed As required by the Development Authority August 2017 Page 69

78 B5.5 AIRPORT DISTRICT (A) B5.5.1 Purpose The purpose of this district is to provide for the orderly operation of the Lac La Biche Airport with a range of associated uses that are directly related to, compatible with, and in support of the airport. This District is not intended to control aeronautics. Permitted Uses Discretionary Uses Aircraft Hangar Aircraft Sales/Rentals Control Tower Bulk Fuel Storage Essential Public Service Drinking Establishment Fixed Base Operator Fleet Services Parking, Non-Accessory Hotel Public Utility Intermodal Facility Terminal Building Mini-Storage Facility Weather Station Motel Professional, Financial, and Office Support Services Restaurant Security Suite Service Station Storage Facility, Outdoor Accessory uses and buildings are permitted where the principal building or use is a permitted use and for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use and for which a development permit has been issued. B5.5.2 General Requirements The following provisions shall apply to every Development in this District: Front Yard Setback: Internal Road (Min): Runway Approach/Apron (Min): Development Standard 4.6 m (15.0 ft.) 1.0 m (3.3 ft.) Side Yard Setback: Minimum: 1.0 m (3.3 ft.) Rear Yard Setback: Minimum: 3.0 m (10.0 ft.) Height: Maximum: 14.0 m (46.0 ft.), but shall not penetrate the runway approach/departure surface B5.5.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) Parking, loading, storage, garbage collection, and outdoor service area shall be located to the rear or sides of buildings and shall be screened from view from Public Roads. August 2017 Page 70

79 B5.5.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Security Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Bulk Fuel Storage 1 space per filling position plus 4 spaces for staff Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 4 spaces for staff Hotel/Motel 1 space per guest room plus 1 space per 3 employees Professional, Financial and Office 1 space per 37.2 m 2 (400.0 ft. 2 ) Support Convenience Retail/Service Station 3.5 space per m 2 plus 1 space per gas pump plus queueing space Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Essential Public Service 1 space per 37.2 m 2 (400.0 ft. 2 ) Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 71

80 B6 PUBLIC SERVICE DISTRICTS B6.1 PUBLIC/INSTITUTIONAL DISTRICT (PI) B6.1.1 Purpose The general purpose of this district is to establish an area for the development of publicly or privately owned institutional, recreation, community facilities and services and related accessory development intended to serve the community at large. Permitted Uses Discretionary Uses Assisted Living Facility Cemetery Child Care Facility Drinking Establishment (Accessory to Community Facility Recreation Facility, Major only) Conference Facility Emergency Shelter Essential Public Service Health and Wellness Centre Government Services Private Club Hospital Restaurant (Accessory only) Public Utility Retail Store (Accessory only) Recreation, Extensive Recreation Facility, Indoor Recreation Facility, Major Recreation Facility, Outdoor Religious Assembly Residential Care Facility School Accessory uses and buildings are permitted where the principal building or use is a permitted use and for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use and for which a development permit has been issued. B6.1.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Bold Centre (Lot 1, Block 4, Plan as illustrated in Figure B6.1(Min): All Other Uses (Min): 10.0 ha (24.7 ac) 0.4 ha (1.0 ac) Lot Width: Minimum: 50.0 m (164.0 ft.) Front Yard Setback: Provincial Highway ROW (Min): Internal Subdivision Road (Min): External Road ROW (Min): 40.0 m (131.0 ft.) 7.6 m (25.0 ft.) 20.0 m (66.0 ft.) Side Yard Setback: Adjacent to Public Road (Min): 20.0 m (66.0 ft.) Rear Yard Setback: All Other Cases (Min): Adjacent to Public Road (Min): All Other Cases (Min): 6.1 m (20.0 ft.) 20.0 m (66.0 ft.) 7.0 m (23.0 ft.) August 2017 Page 72

81 Lot Coverage: Maximum: 60% Landscaping: Minimum: 15% B6.1.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. Figure B6.1: Example of a PI District 2) In reviewing an application for a Permitted or discretionary use, the Development Authority shall consider the design, siting, landscaping, and screening of the proposed development in order to minimize any objectionable aspects or incompatibilities such as traffic and patrons using the site, increased noise, dust, odours, or refuse and any other factors which would interfere with or affect the use and enjoyment of adjacent land uses and Land Use Districts. 3) No person shall store goods, products, materials or equipment outside of a building except with written permission of the Development Authority. 4) Retail Stores, restaurants, and drinking establishments shall only be permitted as accessory developments and shall be located solely within the principal building on the site. B6.1.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Commercial/Office Uses Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 4 spaces for staff Personal Service Shop/Health and 5 spaces per m 2 (1,076.0 ft. 2 ) Wellness Centre Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Arena 1 space per 4 seating spaces Assembly Hall 1 space per 5 seating spaces Child Care Facility 1 space per 4 children College/Hospital/Recreation Facility, Parking Study Required Major Community Facility/Conference 1 space per 9.3 m 2 (100.0 ft. 2 ) Facility August 2017 Page 73

82 Institutional/Recreation Uses Essential Public Service 1 space per 37.2 m 2 (400.0 ft. 2 ) Library 1 space per 37.2 m 2 (400.0 ft. 2 ) Private Club 1 space per 10 members Recreation Facility, Indoor 1.5 spaces per m 2 (1,076.0 ft. 2 ) plus 1 space per 4 persons of building capacity Recreation Facility, Outdoor 10 spaces per m 2 (1,076.0 ft. 2 ) of core activity space Religious Assembly 1 space per 4 seating spaces Residential Care Facility 1 space per 2 Dwelling Units School, Elementary 1.5 spaces per classroom plus drop-off spaces School, Junior High 2.5 spaces per classroom plus drop-off spaces School, Senior High 1.5 spaces per classroom plus 1 space per 5 students plus drop-off spaces Other Institutional Uses Not Listed As required by the Development Authority August 2017 Page 74

83 B6.2 NATURAL AREA PROTECTION DISTRICT (NAP) B6.2.1 Purpose The purpose of this District is to protect and preserve natural areas, along rivers, lakes, creeks, ravines, and other environmentally significant areas. Permitted Uses Natural Open Space Public Utility Recreation, Passive Discretionary Uses As per the Development Authority B6.2.2 General Requirements With the exception of the relevant provisions contained in Part C, there are no development requirements for this district. B6.2.3 Additional Requirements 1) Refer to Part C for additional requirements based on the proposed development. 2) The removal of vegetation or disturbance of natural ground is prohibited unless required as a requirement of an approved development. 3) The Development Authority may refer to the Provincial Authority for its review and recommendation on any development or subdivision proposal involving lands with potentially significant recreation, wildlife habitat or scenic value. August 2017 Page 75

84 B6.3 PARKS AND RECREATION DISTRICT (PR) B6.3.1 Purpose To accommodate a wide range of public/private parks and recreational activities, primarily aimed at passive and active outdoor recreation. Permitted Uses Community Facility Farmers/Flea Market Golf Course Government Services Market Garden Recreation, Extensive Recreation Facility, Outdoor Recreation, Passive Discretionary Uses As per the Development Authority Marina Recreation Facility, Indoor Recreation Facility, Major Restaurant Retail Store Retail Store, Convenience School B6.3.2 General Requirements The following provisions may apply to every development in this district: Development Standard Front Yard Setback: Minimum: 7.6 m (25.0 ft.) Side Yard Setback: Minimum: 6.1 m (20.0 ft.) Rear Yard Setback: Minimum: 7.6 m (25.0 ft.) Height: Maximum: 15.0 m (49.5 ft.) Landscaping: Minimum: 25% B6.3.3 Additional Requirements Refer to Part C for additional requirements based on the proposed development. B6.3.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Commercial/Office Uses Convenience Retail/Service Station 1 space per 37.2 m 2 (400.0 ft. 2 ) plus 1 space per gas pump plus queueing space Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 4 spaces for staff Market Garden Retail Store Other Commercial Uses Not Listed As required by the Development Authority 1 space per 37.2 m 2 (400.0 ft. 2 ) of gross floor area As required by the Development Authority August 2017 Page 76

85 Institutional/Recreation Uses Arena 1 space per 4 seating spaces Assembly Hall 1 space per 5 seating spaces Community Facility/Conference 1 space per 9.3 m 2 (100.0 ft. 2 ) Facility Curling Rink 6 spaces per sheet of ice plus 4 spaces for staff and 1 space per 10 spectator seating Golf Course 2 spaces per hole Library 1 space per 37.2 m 2 (400.0 ft. 2 ) Marina 1 space per boat stall Recreation Facility, Indoor 1.5 spaces per m 2 (1,076.0 ft. 2 ) plus 1 space per 4 persons of Building capacity College/Hospital/Recreation Facility, Parking Study Required Major Recreation Facility, Outdoor 10 spaces per m 2 (1,076.0 ft. 2 ) of core activity space School, Elementary 1.5 spaces per classroom plus drop-off spaces School, Junior High 2.5 spaces per classroom plus drop-off spaces School, Senior High 1.5 spaces per classroom plus drop-off spaces Other Institutional Uses Not Listed As required by the Development Authority B6.3.5 Accessory Buildings Accessory Buildings or Uses may be permitted within the Parks and Recreation District (PR) prior to the erection of a principal building or use. August 2017 Page 77

86 B6.4 URBAN RESERVE DISTRICT (UR) B6.4.1 Purpose The purpose of this district is to allow for agricultural and rural land use activities and a limited range of other uses on un-subdivided sites located within hamlets, and that do not prejudice the future use of these lands for future urban development. Permitted Uses Discretionary Uses Agriculture, Extensive As per the Development Authority Market Garden Dwelling, Single Detached Public Utility Greenhouse/Plant Nurseries Home Business, Minor Home Business, Major Mobile Home Recreation, Extensive Accessory Uses and Buildings are permitted where the Principal Building or Use is a Permitted Use and for which a Development Permit has been issued, and are a Discretionary Use where the Principal Building or Use is a Discretionary Use and for which a Development Permit has been issued. B6.4.2 General Requirements The following provisions shall apply to every development in this district: Development Standard Lot Area: Minimum: The minimum area required to accommodate existing development. Front Yard Setback: Provincial Highway ROW 40.0 m (132.0 ft.) (Min): Internal Subdivision Road 10.0 m (33.0 ft.) (Min): External Road ROW (Min): 20.0 m (66.0 ft.) Side Yard Setback: Adjacent to Public Road (Min): All Other Cases (Min): 20.0 m (66.0 ft.) 6.1 m (20.0 ft.) Rear Yard Setback: B6.4.3 Additional Requirements Adjacent to Public Road (Min): All Other Cases (Min): 20.0 m (66.0 ft.) 6.1 m (20.0 ft.) 1) Refer to Part C for additional requirements based on the proposed development. 2) No new subdivision located outside of an adopted area structure plan shall take place until an area structure plan for the proposed area has been prepared in accordance with the requirements of the Municipal Development Plan, and the subject land has been rezoned to the appropriate land use district. 3) Single detached dwellings and mobile homes shall only be permitted on existing parcels. August 2017 Page 78

87 4) Extensive agriculture shall not include the keeping or raising of livestock, poultry, or any other animals. B6.4.4 Parking Requirements The following parking table is provided for the ease of reference of the reader. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single Detached/Mobile 2 spaces per Dwelling Unit Home Home Based Business, Minor None Required Home Based Business, Major 2 spaces in addition to residential requirement Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Greenhouse/Plant Nursery As required by the Development Authority Market Garden As required by the Development Authority Other Commercial Uses Not Listed As required by the Development Authority August 2017 Page 79

88 B7 DIRECT CONTROL DISTRICTS B7.1 GENERAL 1) In accordance with the Act, Direct Control Districts are to be applied to areas determined by Council to be unique or of special character or where particular circumstances or difficulties are present. They are intended to ensure that land use and development occurs in these areas in accordance with any applicable provisions prescribed for such areas in a statutory plan in effect or to be put in effect to specifically guide the implementation and administration of a Direct Control District. 2) Application Requirements a) The Development Officer may also specify the following additional application requirements: i) a geotechnical analysis or any other engineering, environmental, or technical assessment, a public engagement survey, and information it considers necessary to properly evaluate the application.; ii) applicants shall fully disclose the precise nature and extent of the proposed Use, Subdivision, or Development, including intended hours of operation, so that their applications can be thoroughly evaluated; and iii) to assist in the comprehensive evaluation of a Direct Control District application, Council may undertake, ore require that the applicant undertake in a manner satisfactory to it, a polling of the adjacent residential and other properties. 3) In evaluating a proposed land use, subdivision, or development in a Direct Control District, Council: a) shall have regard for, but not be limited to: i) the existing use of the lands; ii) the general and special regulations as contained elsewhere in this bylaw; and iii) the land use regulations of adjoining land use districts; and b) shall comply with the Act, the Subdivision and Development Regulation, the Municipal Development Plan, and any statutory plan or conceptual scheme in effect specifically for the purpose of directing the implementation and administration of this land use district. 4) All parcel regulations shall be as determined by Council which, in determining such regulations, shall consider all information it obtains pursuant to the provisions of this section and comply with any applicable provisions of any statutory pan in effect. 5) No activity may be undertaken that would, in the opinion of Council, unduly interfere with the amenities or materially interfere with or affect the use, enjoyment, or value of neighbouring properties by reason of excessive noise, smoke, steam, odour, glare, dust, vibration, refuse matter, or other noxious emissions or containment of hazardous materials. 6) The design, external finish, architectural appearance, siting, landscaping, screening, and buffering of any building or structure shall be to the satisfaction of Council so that there shall be general conformity in such matters with respect to adjacent buildings, adequate protection afforded to the amenities of the adjacent residential properties, and any objectionable aspects or potential incompatibility with other uses and developments in adjacent land use districts is or can be minimized. August 2017 Page 80

89 B7.2 DIRECT CONTROL DISTRICT 1 (DC1) B7.2.1 Purpose The purpose of this district is to provide for recreational resort development within the Elinor Lake Resort in association with amenity features, and in compliance with an approved area structure plan in accordance with the County s statutory plan hierarchy and as shown in Figure B7.1. B7.2.2 Permitted Uses B Area A Dwelling, Single Detached Home Based Business, Minor Park Model Public Utility Such other uses or development which the Development Authority, in its discretiona, deems to be similar to the above uses and purposes. Accessory Uses and Buildings are permitted where the Principal Building or Use is a Permitted Use and for which a Development Permit has been issued, and are a Discretionary Use where the Principal Building or Use is a Discretionary Use and for which a Development Permit has been issued. B Area B Community Facility Drinking Establishment Hotel/Motel Personal Service Shops Public Utility Recreation Facility, Indoor Recreation Facility, Outdoor Restaurant Retail Store Security Suite Service Station Such other uses or development which the Development Authority, in its discretion, deems to be the same or similar to the above uses and purposes Accessory Uses and Buildings are permitted where the Principal Building or Use is a Permitted Use and for which a Development Permit has been issued, and are a Discretionary Use where the Principal Building or Use is a Discretionary Use and for which a Development Permit has been issued. B Area C Campground, Major Campground, Minor Permitted Uses Area C August 2017 Page 81

90 Campground Tourist Commercial Equestrian Centre Dwelling, Single Detached Health and Wellness Centre Home Based Business, Minor Hotel Motel Parking Facility Parking, Non-Accessory Park Model Public Utility Recreational Facility Indoor Recreational Facility Outdoor Recreational Vehicle Park Resort Accommodation Retreat Storage Facility Outdoor Such other uses or development which the Development Authority, in its discretion, deems to be similar to the above uses and purposes. Accessory Uses and Buildings are permitted where the Principal Building or Use is a Permitted Use and for which a Development Permit has been issued, and are a Discretionary Use where the Principal Building or Use is a Discretionary Use and for which a Development Permit has been issued. B7.2.3 Development Requirements for Areas A and B Site Standards Area A Area B Lot Area: Minimum: m 2 (3,498.0 ft. 2 ) m 2 (3,498.0 ft. 2 ) Lot Width: Minimum: m (45.0 ft.) 15.2 m (50.0 ft.) Front Yard Setback: Minimum: 4.6 m (15.0 ft.) Side Yard Setback: Minimum: 1.8 m (6.0 ft.) 5% of Frontage Rear Yard Setback: Minimum: 1.8 m (6.0 ft.) 10% of Frontage Height: Maximum: 10.0 m (33.0 ft.) 10.0 m (33.0 ft.) Lot Coverage: Maximum: 40%, with a maximum of 25% for the principal dwelling and a maximum of 15% for accessory buildings. Where a garage, porch, veranda, deck, covered outdoor cooking area or carport is attached or designed as part of a August 2017 Page 82

91 dwelling, the maximum Site coverage cannot exceed 40%. B7.2.4 Development Requirements for Area C For uses other than Campground Major or Tourist and Recreational Vehicle Park: 1. The Development Authority for Development Permits shall be the Development Officer. 2. Minimum Lot Width of m (45 ft) 3. Minimum Lot Area of 325 m 2 (3,500 ft 2 ) 4. Maximum Building Height 10 m (33 ft) 5. Minimum front setback from common area designated as road 4.6 m (15 ft) 6. For lots that abut two or more portions of common area intended to be used as private roads, only one shall be considered as the front yard and one as the rear yard 7. Minimum side and rear setback 1.8 m (6 ft) 8. No part of any extension, overhand or protrusion of the main dwelling is permitted within the setback limits 9. Maximum number of dwelling units is one (1) per lot. 10. Maximum total site coverage shall not exceed 40%, with a maximum for 25% for the principal dwelling and a maximum of 15% for accessory buildings. When a garage, porch, veranda, deck, covered outdoor cooking area or carport is attached or designed as part of a dwelling, the maximum site coverage cannot exceed forty percent (40%). B For Campground Major or Tourist and Recreational Vehicle Park Uses 1. The regulations in C2.8 shall apply to any campground/recreational vehicle park use except for Section C The minimum distance separation of a campground/recreational vehicle park from the boundary of Area A shall be at the discretion of the Development Authority. 2. The parking of recreation vehicles on a lot or in a campground within Area C is subject to all applicable development regulations. B7.2.5 Accessory Buildings (All Areas) August 2017 Page 83

92 Accessory buildings or uses may be permitted within all the lands of the Direct Control District 1 (DC1) prior to the erection of a principal building or use. The maximum height of an accessory building is 6.0 m (19.7 ft). B7.2.6 Additional Requirements (All Areas) 1) Area of application as per the attached Figure B7.1 of this Direct Control District, originally adopted under Bylaw ) For lots that abut two (2) or more portions of common area intended to be used as private roads, only one shall be considered as the front yard and one as the rear yard. 3) No part of any extension, overhang or protrusion of the main dwelling is permitted within the setback limits. 4) The parking of recreation vehicles on a lot is limited to one (1). 5) The Development Authority for Development Permits shall be the Development Officer. 6) All decks and accessory buildings require development permits and shall meet the requirements of this Bylaw. 7) Site planning and design, construction, and development phases of the Elinor Lake Resort will adhere to Fire Smart principles. 8) New development areas shall be designed to provide adequate emergency vehicle access and alternate escape routes where practical. B7.2.7 Parking Requirements (All Areas) The following parking table is provided for the ease of reference of the reader and applies to all areas of Elinor Lake Resort. Please consult Section C3 for complete requirements. In the event of a conflict between this table and Section C3, Section C3 shall prevail. Residential Uses Dwelling, Single Detached/Mobile 2 spaces per dwelling unit Home/Park Model Home Based Business, Minor None Required Security Suite 1 space per suite Other Residential Uses Not Listed As required by the Development Authority Commercial/Office Uses Convenience Retail/Service Station 1 space per 37.2 m 2 (400.0 ft. 2 ) plus 1 space per gas pump plus queueing space August 2017 Page 84

93 Drinking Establishment/Restaurant 1 space per 4 seating spaces plus 2 spaces for staff Hotel/Motel 1 space per guest room plus 1 space per 3 employees Personal Service Shops/Health and 1 space per 37.2 m 2 (400.0 ft. 2 ) Wellness Centre Retail Store 1 space per 37.2 m 2 (400.0 ft. 2 ) of gross floor area Other Commercial Uses Not Listed As required by the Development Authority Institutional/Recreation Uses Community Facility/Conference 1 space per 9.3 m 2 (100.0 ft. 2 ) of gross floor area Facility Recreation Facility, Indoor 1.5 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area plus 1 space per 4 persons of building capacity Recreation Facility, Outdoor 10 spaces per 100 m 2 (1,076.0 ft. 2 ) of core activity space Other Institutional/Recreation Uses As required by the Development Authority Not Listed Figure B7.1. Elinor Lake Resort Area August 2017 Page 85

94 August 2017 Page 86

95 B7.3 DIRECT CONTROL DISTRICT 2 (DC2) B7.3.1 Purpose The purpose of this district is to accommodate the development and operation of a Provinciallyapproved regional landfill site within the County and to regulate it consistent with the Alberta Environmental Protection and Enhancement Act, and the applicable regulations under that Act. Permitted Uses Discretionary Uses Class II and Class III Landfill As determined by the Development Recycling Facility Authority Waste Management Facility Such other Uses or Development which Council, in its discretion, deems to be similar to the above uses and purposes. Accessory uses and buildings are permitted where the principal building or use is a permitted use and for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use and for which a development permit has been issued. B7.3.2 Development Requirements All development standards shall be at the discretion of Council. B7.3.3 Additional Requirements 1) Authority to approve development applications within the DC2 District is delegated to the Development Officer. 2) Any Development Permit within the DC2 District shall only be approved subject to obtaining any necessary Provincial approvals. 3) All relevant provincial authorizations shall be in place prior to commencement of operation. 4) On any application for development, the Development Officer may request that the following information be provided: a) Construction and engineering blueprints and background studies to support application; b) Site plans drawn to scale; c) Estimated water demand and anticipated source; d) Transportation routes to be used; e) Any accessory works required; f) Storage facilities and nature of goods to be stored; g) Landscaping details; h) Hours of operation; and i) Plans to mitigate such Nuisance factors as: blowing litter; dust; excessive noise; debris carried by trucks onto Adjacent Public Roads; damage to Adjacent Public Roads; and any such other information as may be reasonably required by the Development Authority. Industrial Uses August 2017 Page 87

96 Industrial Use/Recycling Facility/ Waste Management Facility Other Industrial Uses Not Listed 1 stall per m 2 (1,076.0 ft. 2 ) of gross floor area for first 2,000.0 m 2 (21,530.0 ft. 2 ) then 1 stall per m 2 (5,382.0 ft. 2 ) As required by the Development Authority B7.3.4 OTHER INFORMATION 1) Direct Control District 2 (DC2) originally applied to the Hylo landfill under bylaws and being all that portion of Pt. NE W4M and NW W4M containing +/ ha (220.0 acres) more or less shown in Figure B7.2. These bylaws were rescinded with the adoption of Bylaw being the former Land Use Bylaw. This district now applies to provincially-approved regional landfills located within Lac La Biche County. Figure B7.2. Area of Bylaws and August 2017 Page 88

97 B7.4 DIRECT CONTROL DISTRICT 3 (DC3) B7.4.1 Purpose The purpose of this district is to provide orderly development of the Pine Lane Mobile Home Park located within the NE W4M containing approximately 64.3 ha (150.0 ac) more or less as shown in Figure B7.3. Permitted Uses Discretionary Uses Home Based Business, Minor Bed and Breakfast Establishment Mobile Home Child Care Facility Public Utility Communication Tower Community Facility Group Home Home Based Business, Major Retail Store Retail Store, Convenience Accessory uses and buildings are permitted where the principal building or use is a permitted use and for which a development permit has been issued, and are a discretionary use where the principal building or use is a discretionary use and for which a development permit has been issued. B7.4.2 Development Requirements Lot Area: Single Wide (Min): Double Wide (Min): Site Standard m 2 (3,983.0 ft. 2 ) (11.0 m x 29.0 m) m 2 (4,521.0 ft. 2 ) (14.0 m x 27.0 m) Front Yard Setback: Side Yard Setback: Rear Yard Setback: Provincial Highway (Min): External Road ROW (Min): Internal Road (Min): External Road ROW (Min): All Other Cases (Min): External Road ROW (Min): All Other Cases (Min): Minimum Site area for Double wide: 420 m m (131.0 ft.) 30.0 m (98.0 ft.) 3.0 m (10.0 ft.) 30.0 m (98.0 ft.) 1.5 m (5.0 ft.) 30.0 m (98.0 ft.) 1.5 m (5.0 ft.) Height: Maximum: 6.0 m (19.7 ft.) Lot Coverage: Accessory Buildings (Max): All Buildings (Max): 15% 50% Amenity Area (Private, Minimum: 7.5 m 2 (81.0 ft. 2 ) per dwelling August 2017 Page 89

98 Outdoor): B7.4.3 Additional Requirements 1) Minimum separation between dwellings: 4.9 m (16.0 ft.). 2) Additional Development Regulations a) all stalls shall be located a minimum of 2.0 m (6.5 ft.) from the subdivision boundary; b) each stall shall be clearly marked by means of stakes, countersunk steel posts, fences, curbs, or hedges; c) the design of the bareland condo shall be to the satisfaction of the Development Authority; d) every stall shall front onto an internal road rather than a public road or Provincial Highway; e) each mobile home unit shall be placed on a suitable hard-surfaced base within the stall; f) all additions, porches, garages and accessory structures shall be of an equivalent quality and appearance as the mobile home unit and shall compliment the exterior; g) all mobile homes shall have current CSA certification (or equivalent, thereof as determined by the Development Authority); h) all internal roads shall be constructed as per the GMSS; i) each mobile home stall shall accommodate two (2) off-street parking spaces; j) Water supply must comply with all applicable provisions of the Public Health Act and Alberta Environment; k) Sanitary sewer requirements shall meet the requirements of the Alberta Private Sewage Systems Standard of Practice 2009, as amended; l) street lighting and other utilities shall be to the same standard as that in a conventional residential neighbourhood as per the GMSS; m) at least 5%, or as determined by the Development Authority, of the gross site area shall be developed as playground space/amenity area in locations convenient to all mobile home park residents; n) all mobile homes shall be skirted around the base of the home within sixty (60) days of the placement of the mobile home on the lot. Such skirting shall be of a manufactured or similar type to harmonize with the mobile home; o) the hitch and wheels of a manufactured home shall be removed within sixty (60) days of its placement on a Lot; p) only one (1) main free-standing identification sign shall be allowed. It should be in keeping with the residential character of the area and located near the entrance to the mobile home development; and q) direction signs within a mobile home development must be integrated in design and appearance, be kept in scale with the surroundings, and constructed of durable material. Dwelling, Single Detached/Duplex/Mobile Home Group Home Home Based Business, Minor Home Based Business, Major Other Residential Uses Not Listed Residential Uses 2 spaces per dwelling unit 3 spaces minimum None Required 2 spaces in addition to residential requirement As required by the Development Authority August 2017 Page 90

99 Commercial/Office Uses Bed and Breakfast 1 space per guest room in addition to residential requirement Convenience Retail/Service Station 1 space per 37.2 m 2 (400.0 ft. 2 ) plus 1 space per Institutional/Recreation gas Uses pump plus queueing space Child Retail Care Store Facility 1 space per space m 2 (400.0 per 4 ft. children 2 ) of gross floor Community Facility/Conference Facility 1 space per 9.3 m 2 (100.0 area ft. 2 ) of gross floor area Other Commercial Institutional Uses Not Listed As required by the Development Authority Figure B7.3: Location of Pine Lane Mobile Home Park. August 2017 Page 91

100 PART 3 GENERAL & SPECIAL LAND USE REGULATIONS C1 GENERAL REGULATIONS C1.1 APPLICABILITY 1) The regulations included in this section apply in all districts, unless the district regulations state otherwise. C1.2 ACCESS 1) No approach shall directly access a public road unless approved by Lac La Biche County. All access locations and curb crossings shall be installed in accordance with County s General Municipal Servicing Standards. 2) No approach shall be constructed within an intersection. Figure C1.1: Approach Requirements 3) A minimum distance separation of 30.0 m (98.0 ft.) shall be provided between the centre line of an intersection and the centre line of an approach as illustrated in Figure C1.1. 4) No approach shall be constructed within 1.0 m (3.3 ft.) of any surface infrastructure such as mailboxes, ramps, manholes, transformers, telephone poles or light standards and hydrants. 5) Except where shared between lots, driveways and parking pads shall require a minimum setback of 1.0 m (3.3 ft.) from a side lot line. 6) Approaches shall have a maximum width of 10.0 m (33.0 ft.) at the lot line for residential lots, and 14.0 m (46.0 ft.) for non-residential lots. 7) The applicant shall obtain a permit from the Provincial Authority for access onto a Provincial Highway. C1.3 AIRPORT VICINITY PROTECTION AREA 1) Commercial airport related development shall be located on approved site(s) at the Lac La Biche Airport. 2) Private airstrips and heliports shall not be located within 1.61 km ( m) of the boundary of the Lac La Biche Airport Management Area. 3) All subdivision and development in proximity to the Lac La Biche Airport must conform to August 2017 Page 92

101 federal regulations pertaining to buildings within the flight path. C1.4 AMENITY AREA 1) Amenity area shall be provided in accordance with the requirements of the applicable district. 2) Amenity area may include: a) with respect to residential development, patios, balconies with a minimum depth of 2.0 m (6.5 ft.), roof terraces, communal lounges and recreational facilities; and b) with respect to non-residential development, courtyards, interior landscaped open spaces, arcades, plazas, atriums, and public seating areas. 3) Amenity area may be located: a) with respect to residential development, within any yard; and b) with respect to non-residential development, within any yard. 4) Amenity area, when provided at ground level, may be included as part of the landscaping requirement for the applicable district. 5) Vehicle parking areas shall not be considered as part of an amenity area. C1.5 BARELAND CONDOMINIUMS 1) A bareland condominium development must comply with all of the applicable regulations of this bylaw. 2) An application for a bareland condominium development shall include a comprehensive site plan, in accordance with Section D1.4(2). 3) For the purposes of this bylaw, a bareland condominium plan is a plan of Subdivision. 4) In the case where a bareland condominium subdivision is served by a private road, the following shall apply: a) a private road includes a lot, bareland condominium unit, common property or portion of common property that may be created pursuant to the Condominium Property Act, RSA 2000, c. C-22, created for the purpose of vehicular access and circulation throughout the subdivision or development, including a bridge and any structure incidental to the road; b) for the sole purpose of applying the regulations of this section, a private road shall be deemed to be the same as a public road; c) the private road must allow for the safe and efficient movement of emergency vehicles and transit/industry bus services and be designed to a standard acceptable to the County; d) where the physical parameters of the private road exceed the legally prescribed boundary of the private road, the boundary of the private road shall be deemed to be the edge of the carriageway or sidewalk parallel with the carriageway. C1.6 BORROW PITS 1) An applicant for the excavation of a borrow pit, in addition to the information requirements of Section D1.4, shall submit plans and a written description of the proposal, including: August 2017 Page 93

102 a. The location and dimensions of the proposed disturbed area; b. Existing site conditions including topography, vegetation, water courses, soil and water table profiles, etc.; c. The dimensions of the operation or, the area of the land; the depth to which the topsoil is to be removed or added; and, the effect on existing drainage patterns (i.e. site grading plan); d. Proposed access, haul routes and haul activities; e. Proposals for preventing nuisance from dust and erosion; and f. A reclamation plan that includes measures for controlling erosion, weeds, etc., as well as post extraction use (i.e. return to natural state; crop production, etc.). 2) In addition to Sections D1.4 and D1.8, the Development Authority shall have regard for: a. The purpose of this Bylaw and the general purpose of the district in which the activity is located and, the future use of the site (as proposed in a reclamation/restoration plan); b. The provisions of the County s Municipal Development Plan and/or any other relevant statutory plan; c. Relevant guidelines prepared by the Provincial Authority, and/or any comments or recommendations provided with provincial approval; d. County standards and policies regarding wetlands; e. The Provincial Authority s and County standards and policies regarding berms and setbacks adjacent too Municipal and Provincial road rights-of-way; f. The desirability to utilize the top soil/clay resource as a regional benefit to development; g. Conservation of topsoil for future agricultural use on the subject property or another site within the County; h. Conservation of designated historical resources; i. Conservation of trees and maintenance of habitat, particularly during critical wildlife nesting and rearing periods; j. Conservation of prime agricultural land in a productive state; k. Conservation of environmentally significant and sensitive areas; l. Conservation of water courses, maintenance of positive drainage, and potential drainage effects on adjacent and/or nearby properties; m. The safety and the potential nuisance effect on adjacent properties; and n. Potential damage to County roadways and surface structure. 3) As a condition of a development permit, the Development Authority may require the operator to provide a guaranteed security to ensure that reclamation is completed to a state that is satisfactory to the County. C1.7 BUILDING DESIGN, CHARACTER, AND APPEARANCE 1) The design, siting, external finish, landscaping, and architectural appearance of all buildings, including any accessory building or structure, shall be to the satisfaction of the Development Authority who shall ensure, as far as reasonably practicable, that materials shall be used that ensure that the standard of the proposed buildings and structures shall be similar to, or higher than, the standard of surrounding development. 2) Where applicable, buildings shall comply with any architectural controls or design guidelines that are contained in a statutory plan or outline plan. August 2017 Page 94

103 3) Building Orientation and Façade Treatment: a) Single detached and duplex dwelling units shall front onto a public road and should have their primary entrance facing the public road or public space; b) Any side or rear façade visible from a public road or public space shall exhibit a high level of architectural design and detailing complementary to the front façade. Blank walls are not permitted unless to satisfy fire separation limits; c) Dwelling units situated on corner lots shall be designed with architectural elements that are sensitive to both public road frontages to enhance visual interest and character; d) The front façade of a dwelling unit shall address the public road through the articulation of elements which may include main entrances and porticoes, porches and stairs, windows and bay windows, terraces and balconies; e) In the case of apartment dwellings, multi-unit dwellings, row house dwellings or stacked row house dwellings, individual dwelling units should be defined through architectural features that may include individual rooflines or roofline features, projection or recession of the façade, individual porches or entrance features and other treatments. Such measures shall be employed in order to minimize the perception of massing of the building when viewed from adjacent residential areas and public roads; f) For all development where the façade of a building is 70.0 m (230.0 ft.) or longer, the façade shall be articulated by recessions and/or architectural projections to the satisfaction of the Development Authority; and g) Grade-related buildings should be oriented parallel to the public road and provide continuous frontage along their primary façade. 4) The undercarriage of a mobile home shall be screened from view by skirting or such other means satisfactory to the Development Authority. 5) The development s design shall respect, complement and work with the natural features of the development site to the satisfaction of the Development Authority. C1.8 BUILDING HEIGHT 1) The Development Officer shall determine the average finished grade by selecting, from the methods listed below, the method that best ensures compatibility with surrounding development: a) if the applicant can show by reference to reliable topographical maps that the elevation of the site varies by no more than 1.0 m (3.0 ft.) in 30.0 m (98.0 ft.), the Development Officer may determine grade by calculating the average of the highest and lowest elevation on the site; b) the Development Officer may determine grade by calculating the average of the elevation at the corners of the site prior to construction as shown on a grading plan; or c) the Development Officer may determine grade by calculating the average elevation of the corners of the buildings on all properties abutting the site or separated from the site by a lane. 2) The applicant shall submit all information the Development Officer required to determine grade by the method the Development Officer has chosen under subsection (1). 3) Where permitted, heights are indicated in both linear meters and storeys, the linear measurement shall prevail. 4) In the event of a conflict between a height requirement contained in a district or other regulation and the Airport Protection Overlay, the height requirement of the overlay shall take precedence. August 2017 Page 95

104 5) In cases where building height is at the discretion of the Development Authority, consideration shall be given to the following: a) the topography of the lot upon which the building is or is to be situated as well as the topography of immediately adjacent properties and the surrounding area shall be considered to ensure that the sight lines and view angles of the subject lot and adjacent property are not unduly obstructed by the height of the building; b) the height of an accessory building shall be in proportion to the principal and accessory buildings on adjacent properties and in keeping with the neighbourhood; c) the height of an accessory building shall be such that the accessory building, in relation to the principal building, does not visually dominate the property; and d) the fire safety provisions of the Alberta Safety Codes Act S-1 RSA 2000 regulations, and the capacity and availability of firefighting equipment and personnel. C1.9 CORNER SITE RESTRICTIONS 1) On a corner lot in all residential districts, except where the lot abuts a Provincial Highway, no fence, wall, tree, hedge, deck, or other structure exceeding 1.0 m (3.3 ft.) in height above grade shall be permitted in a corner visibility triangle created by the lot lines that form the corner, and a straight line connecting the two points 7.5 m (24.6 ft.) back along these lot lines measured from their intersection. 2) In all other cases, no fence, wall, tree, hedge, deck, or other structure exceeding 1.0 m (3.3 ft.) in height above grade shall be permitted in a corner visibility triangle created by the lot lines that form the corner, and a straight line connecting the two points 20.0 m (66.0 ft.) back along these lot lines measured from their intersection. August 2017 Page 96

105 Figure C1.2: Corner Site Restrictions August 2017 Page 97

106 C1.10 CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN 1) Crime Prevention Through Environmental Design (CPTED) is a multi-disciplinary approach to deter criminal behavior through environmental design. The major premise of CPTED is that the environment can be designed to reduce the opportunities for crime and the fear of crime. The primary principles of CPTED include the proper design and effective use of buildings and sites, access control, and natural surveillance. 2) During the review of a development permit, the Development Authority shall consider the following CPTED principles, and make recommendations for the proposed development: a) the reduction of concealment opportunities; b) the provision of lighting to minimize unlit areas; c) the placement of windows to maximize informal surveillance; and d) easily-identified street addresses. C1.11 DEVELOPMENT NEAR WATER BODIES 1) No permanent building or structure, greater than 30.0 m 2 (322.9 ft. 2 ) in floor area and no storage containers for fuels, chemicals or other potential contaminants shall be constructed or located within a horizontal distance of 61.0 m (200.0 ft.) from the crest of any natural channel bank or any other permanently flowing water body and 30.5 m (100.0 ft.) from the high water mark of a lake, unless an engineering study indicates that the distance may be reduced. In any case, a 30.5 m (100.0 ft.) buffer, from the channel or lake crest, shall remain in natural vegetation, except for 25% that may be cleared for access and approved structures. 2) In the case of land which is subject to flooding: a) No permanent buildings or structures, other than wire fences, shall be allowed where the depth of flooding by a hundred-year flood exceeds 1.0 m (3.3 ft.); and b) Where the depth of flooding is less than 1.0 m (3.3 ft.) below the hundred-year flood elevation, all permanent buildings and structure other than fences shall be located on land which has been raised by fill to an elevation at least 0.6 m (2.0 ft.) above the hundred-year floor elevation. 3) Where development is proposed on a site which is, in the opinion of the Development Officer, subject to ponding due to snowmelt or heavy rainfall events, the owner must provide additional measures, including sufficient fill around the building, to provide an additional measure of protection from the water damage, to the satisfaction of the Development Officer. 4) No permanent building shall be constructed or placed on land which is subject to subsidence or erosion by water, or is marshy or unstable, or is otherwise unsuitable or hazardous by virtue of its soil or topography, unless it is demonstrated to the satisfaction of the Council that proper measures will be taken to deal with the unsuitability or hazard. 5) Where the Development Authority deems appropriate, an applicant shall submit evidence prepared by a licensed professional engineer to support the application for development in the vicinity of any water body. Such evidence could include evaluation of erosion, bank stability, design of flood August 2017 Page 98

107 prevention works, and evaluation of effects of flood stages and velocities. C1.12 DWELLING UNITS PERMITTED PER LOT 1) The number of dwellings permitted on a lot shall be one (1), except where additional dwellings are: a) contained in a building designed for, or divided into, two (2) or more dwelling units and is located in a land use district which permits such multiple family units; or b) Mobile homes forming part of a mobile home park for which a development permit has been issued; or c) a secondary suite; or d) a building as defined in the Condominium Property Act, that is the subject of a condominium plan to be registered in a Land Titles Office under the Act, and has been approved by the County; or e) a second dwelling in the AG District; or f) a second dwelling in the CR District and the OE2 District provided the subject lot exceeds 1.5 ha (5.0 ac); g) a second dwelling on a parcel 1.5 ha (5.0 ac) or more in size. 2) Dwellings allowed by this section should be sited so that they do not compromise potential future subdivision. C1.13 ENCROACHMENTS ON EASEMENTS AND MUNICIPAL LANDS 1) No structure shall encroach on or be erected on a utility easement or public utility lot unless: a) the structure does not restrict access to the utility easement or public utility lot for the purpose of installation or maintenance of the subject utility; b) the owner of the encroaching structure has obtained written consent from the utility company to which the easement has been granted; or c) the owner of the encroaching structure shall obtain written consent from the landowner to which the encroachment or easement has been granted. 2) In the case of a public utility lot, public road, municipal reserve or other County-owned land: a) no structure shall encroach on or be erected unless the Owner has first entered into an encroachment agreement or has obtained a letter of consent with the County in accordance with County policy; and b) the extent of any encroachment shall be in accordance with the guidelines contained in the County s policy. 3) Notwithstanding (2), no encroachment on environmental reserve land shall be permitted. C1.14 EXPOSURE HAZARDS 1) The location of any anhydrous ammonia (AA) or liquefied petroleum gas (LPG) storage tank with a water capacity exceeding 9,000.0 L (1,980.0 IG) shall be a minimum distance of m (623.0 ft.) from any assembly, institutional, commercial, or residential Building. For all such containers, August 2017 Page 99

108 the Development Authority shall refer to the regulations under the Safety Codes Act. 2) Notwithstanding any other provision of this Bylaw, no new residential site development shall be allowed within 0.8 kilometers (0.5 miles) of an existing anhydrous ammonia storage vessel with a water capacity exceeding 4546 liters (1,000 gallons). 3) Flammable liquids storage tanks proposed to be situated on bulk plant or service station sites shall be located in accordance with regulations under the Safety Codes Act. 4) The installation of all storage tanks shall be in accordance with Petroleum Tank Management Association of Alberta (PTMAA) requirements. All pressure vessel containers shall be constructed, located, and inspected in accordance with the provisions of the Alberta Safety Codes Act and its regulations as amended. 5) Pipeline Setbacks a) Development setbacks from pipeline rights-of-way, oil and gas installations, and other utility corridors shall meet or exceed the requirements of the province. b) Notwithstanding subsection (a), for the following uses the minimum setback from the right-ofway of a pipeline with a maximum licensed operating pressure of 3,447.5 kpa (500.0 PSI) or greater is: i) 1.0 m (3.3 ft.) for an accessory building; ii) 30.5 m (100.0 ft.) for a principal residential, commercial or industrial building; and iii) m (656.0 ft.) for a public or institutional use. c) The minimum setback from the right-of-way of a pipeline with a maximum licensed operating pressure of less than 3,447.5 kpa (500.0 psi) is 5.0 m (17.0 ft.) for all principal buildings. 6) Railway Line Setback a) The minimum setback from a railway right-of-way and station grounds from buildings shall be 15.0 m (49.2 ft.) for all non-residential buildings; b) The minimum setback from a railway right-of-way and station grounds from buildings shall be 30.0 m (98.4 ft.) for all residential buildings; and c) The Development Officer may refer any application for development permit approval and any application for subdivision approval to a railway company for review and comment. 7) Sour Gas Facility Setbacks In accordance with the Alberta Energy and Utilities Board Interim Directive 81-3 the following shall apply: a) In the case of a Level 1 sour gas pipeline as identified by the province, no development shall be permitted within m (328.1 ft.). b) In the case of a Level 2 sour gas pipeline as identified by the province: i) no dwelling unit shall be located within m (328.1 ft.); and ii) no public or institutional use shall be located within m (1,640.4 ft.). c) In the case of a Level 3 or 4 sour gas pipeline as identified by the province: August 2017 Page 100

109 i) no dwelling unit shall be located within m (328.1 ft.); ii) no residential development with a density in excess of eight (8) units per quarter section shall be located within m (1,640.4 ft.); and iii) no public or institutional use shall be located within 1,500.0 m (4,921.3 ft.). 8) A dwelling unit, school, hospital, or restaurant shall be located a minimum of: a) m (1,476.4 ft.) from the working area of an operating waste management facility as defined in the regulation; b) m (984.3 ft.) from the disposal area of an operating or non-operating waste management facility as defined in the Regulation; or c) m (984.3 ft.) from the working area of an operating wastewater treatment facility as defined in the regulation. C1.15 FENCING AND SCREENING 1) All non-residential development located adjacent to a residential district shall be screened from view by means for fencing or landscaping. 2) No fence, wall, or hedge shall: a) in a residential district, exceed 2.0 m (6.6 ft.) in height in a rear yard or side yard not abutting a public road; b) in a residential district, exceed 1.0 m (3.3 ft.) in height in a front yard or side yard abutting a public road; c) in a commercial or industrial district, exceed 2.4 m (8.0 ft.) in height; d) in any district, exceed the corner lot requirements as specified in Section C1.7; or e) in a residential district, include any barbed wire. 3) For the purposes of subsection (2), the height of fences, walls, or hedges shall be measured from the highest point of the abutting public road or lane. Figure C1.3: Fence Height 4) For the purposes of subsection (2), in cases where a fence is constructed on top of a retaining wall, the combined height of the fence and retaining wall shall not exceed the August 2017 Page 101

110 maximum allowable fence height. 5) Notwithstanding subsection (2), where a residential lot is adjacent to an arterial or a major collector road, the Development Authority may, at its sole discretion, issue a development permit for a wall or fence of a greater height subject to the following: a) no wall or fence shall be higher than 2.1 m (7.0 ft.) in rear yards and in side yards not abutting a public road; and b) no wall or fence shall be higher than 2.0 m (6.5 ft.) in front yards and in side yards abutting a public road. 6) A wall, hedge, or wooden fence of not less than 1.0 m (3.3 ft.) nor more than 2.14 m (7.0 ft.) in height shall be provided along any side and rear lines of all apartment and row house developments. 7) With the exception of the Agricultural District (AG), uses which involve the outdoor storage of goods, machinery, vehicles, building materials, waste materials, and other similar uses, shall be screened from view unless required as part of the sale, promotion or display of vehicles, equipment or similar finished products. 8) The Development Authority, in considering an application, may impose conditions requiring the retention of trees, additional planting, or other screening of such a type and extent that is considered necessary. 9) All fences within the commercial and industrial districts shall be secured through the installation of opaque fencing with a minimum height of 2.0 m (6.6 ft.). C1.16 FIRE PROTECTION 1) All applications for subdivision and development, including landscaping, shall be required to prepare a Fire Hazard Assessment to the satisfaction of the County and demonstrate that the wildfire mitigation guidelines in FireSmart: Guidebook for Community Protection issued by the Provincial Authority, or successor documents, have been incorporated into the proposed development to the satisfaction of the County. 2) All applications for Subdivision and Development shall be required to provide details of adequate fire protection, in accordance with any approved County fire protection policy. C1.17 FRAGMENTED PARCELS 1) A fragmented parcel may be subdivided from a quarter section if the fragmented parcel has legal access or physical access, and a suitable building site to the satisfaction of the Development Authority. For the purpose of this section, suitable building site refers to the August 2017 Page 102

111 ability of a parcel to accommodate on-site water and sewer services, and all required development setbacks. 2) A fragmented parcel shall be exempt from the maximum lot size provisions of the applicable land use district. The re-subdivision of a fragmented parcel shall be subject to the density provisions of the applicable district. Figure C1.4: Fragmented Parcel Illustration C1.18 GARBAGE ENCLOSURES 1) Garbage collection and outside storage shall be in accordance with the County s Waste and Resource Recovery Management Bylaw. 2) Garbage shall be: a) stored in weatherproof and animal proof containers; b) screened from view from adjacent sites and public roads in accordance with Section C1.12; and c) situated on a portion of the lot or site that is easily accessible for pickup. C1.19 HAZARD LANDS 1) Where a parcel of land abuts or contains a coulee, ravine or valley, with or without a water body present, the setbacks from the upper break of the coulee, ravine or valley provided in Table C1.1 shall apply. 2) Notwithstanding the setbacks identified in Table C1.1, the Development Authority may increase or decrease a setback requirement if a geotechnical report prepared in accordance with Section D1.4(5)(a) recommends a different setback distance. 3) In the event that there is a conflict between the setbacks defined in subsection (1) and a setback August 2017 Page 103

112 determined through the Riparian Setback Matrix Model (RSMM) pursuant to the Environmentally Significant Area Protection Overlay, the setback determined through the RSMM shall prevail. Table C1.1: Hazard Land Setback Requirements Valley Depth Setback Requirement At the discretion of the Development <7.6 m (25.0 ft.) Authority, but no less than setback requirements for the applicable Land Use District. >7.6 m (25.0 ft.) and <15.2 m (50.0 ft.) 23.0 m (75.0 ft.) >15.2 m (50.0 ft.) and <30.5 m (100.0 ft.) 45.7 m (150.0 ft.) > 30.5 m (100.0 ft.) 61.0 m (200.0 ft.) The application of the setbacks outlined in Table C1.1 is illustrated in Figure C1.5. August 2017 Page 104

113 Figure C1.5: Setback Measurement August 2017 Page 105

114 3) For the purpose of determining the setback required under subsection (1), the valley depth is the vertical distance measured between the top of bank and the toe of the slope. For valleys that are composed of one (1) or more benches, the valley depth is the vertical distance measured between the top of bank of the bench on which the development is to be located and the top of bank of the lower bench as illustrated in Figure C1.6. Figure C1.6: Valley Cross-section 5) Notwithstanding any Land Use District regulation to the contrary, no development shall be allowed within 15.0 m (50.0 ft.) of the toe or crest of any slope of 15% or greater, unless a lesser amount is identified in a geotechnical report prepared by a qualified professional registered with Association of Professional Engineers and Geoscientists of Alberta (APEGA). 6) Notwithstanding that a proposed development conforms in all respects with this Bylaw, where an application is for development on lands that are or may be subject to flooding or subsidence, the Development Authority shall not issue a development permit unless the applicant can demonstrate that preventative engineering and construction measures will be instituted to make the site suitable for the proposed development. 4) The Development Authority may require that the top of bank or toe of slope be identified by survey completed by an Alberta Land Surveyor. 5) Developments must adhere to the following land management practices: a) stripping of vegetation or grading shall be done in a manner which will minimize soil erosion by ensuring that the extent of the disturbed area and the duration of its exposure is minimized, and that all grading work should be designed to blend with the natural contours of the land; b) natural vegetation shall be retained and protected wherever possible; August 2017 Page 106

115 c) natural drainage patterns should not be disturbed and changes to watercourses shall be avoided except where controlled improvements are warranted subject to approval from Alberta Environment; and d) developments shall not adversely affect groundwater resources or increase stormwater runoff velocity in a way that water levels on other lands are substantially raised or the danger from flooding increased. C1.20 LIGHTING 1) Any outdoor lighting for any development shall be located and arranged so that a) no direct rays of light are directed at any adjoining properties, b) interfere with the use and enjoyment of neighbouring lands, or c) interfere with the effectiveness of any traffic control devices. 2) No flashing, strobe, or revolving lights shall be installed on any structure or site which are either red, green, amber or blue, or such other colour that may impact the safety of motorists using adjacent public roads or provincial highways. 3) In the MDR, HDR, CC, HC, NC, RC, LI, GI, HI and PI Districts, lighting shall be required to clearly define and illuminate all parking lots, entrance areas, and pedestrian areas of a site. C1.21 LOT COVERAGE 1) Lot coverage shall be calculated by dividing the total amount of building footprint on a lot by the total lot area. 2) For the purposes of calculating lot coverage, the building footprint shall not include: a) any permitted encroachments in accordance with Section C1.22; b) hard landscaping; c) decks that are less than 0.6 m (2.0 ft.) above grade; and d) accessory buildings less than 10.0 m 2 (108.0 ft. 2 ) in area as illustrated in Figure C1.7. Figure C1.7: Lot Coverage 3) For the purposes of calculating lot coverage, the building footprint shall include: a) the principal building; b) a garage or carport; c) a porch or veranda; d) any floor area of an upper storey; e) that projects beyond the perimeter of the ground floor; f) a deck that has a height greater than 0.6 m (2.0 ft.); and g) any accessory building that has an area greater than 11.2 m 2 (120.0 ft. 2 ) August 2017 Page 107

116 as illustrated in Figure C1.3. C1.22 MULTIPLE USES 1) When any site or building is used for more than one (1) purpose, the provisions of this Bylaw relating to each use shall be satisfied. If there are conflicts between standards for individual uses, the more stringent standards shall prevail. C1.23 OBJECTS PROHIBITED OR RESTRICTED IN YARDS 1) No person shall keep a) unless a listed use in a district with an approved development permit, any dismantled or wrecked vehicle for more than fourteen (14) successive days; b) any object which is unsightly or tends to adversely affect the amenities of the land use district; c) any excavation or any storage or piling up of materials required during the construction stage, unless all necessary safety measures are undertaken. The owner of such materials or excavations assumes full responsibility to ensure the situation does not prevail any longer than reasonably necessary to complete a particular stage of construction; and d) in a residential subdivision or within a hamlet, a commercial vehicle, loaded or unloaded, with a maximum weight in excess of 4,000.0 kg (8,818.0 lb) and shall not be parked in any front, side, or rear yard. 2) No business shall keep in any part of a lot any object which may adversely affect the amenities of the district or of adjacent uses. 3) No use shall be allowed which may be offensive to a neighbouring owner or tenant. 4) No person shall bury any garbage or similar debris on a construction site. 5) Keeping of animals and livestock a) No livestock shall be permitted within a designated hamlet; b) For lots under 1.0 ha (2.5 ac) in size, no livestock of any type shall be allowed; c) For lots between 1.0 ha (2.5 ac) and 2.0 ha (5.0 ac) in size, a maximum of four (4) non-cloven hoofed animals (e.g. horses) may be allowed provided all animals are be confined to the Lot; d) For Lots between 2.0 ha (5.0 ac) and 4.0 ha (10.0 ac) in size, a maximum of four (4) larger animals (horses, cattle, sheep, goats, etc.) may be allowed at any one time. In addition, smaller animals (chickens, geese, ducks, etc.) may be kept on a non-commercial basis only. All animals must be confined to the lot; e) Notwithstanding (a) (d), the keeping of animals and livestock within the Country Residential District (CR) shall be in accordance with Section B3.1. f) Any development that involves the confinement or rearing of wild boar shall meet all provincial containment standards. C1.24 PERMITTED ENCROACHMENTS 1) In residential districts, except as provided in this section, no portion of a building shall be located or project into a required yard. August 2017 Page 108

117 2) In a residential district, the following features may project into a required front yard as illustrated in Figure C1.8: a) steps, eaves, gutters, sills, and chimneys, or other similar Figure C1.8: Permitted Encroachments projections, with the amount of the projection to be as allowed by the Development Authority; b) canopies over entrances to buildings, provided such projections are cantilevered and do not exceed 1.0 m (3.3 ft.); c) notwithstanding Section C2.11, unenclosed decks less than 0.6 m (2.0 ft.) in height may project a maximum of 2.0 m (6.5 ft.) into a front yard; d) balconies on apartments provided that: i) they are cantilevered and not enclosed, and designed as an integral part of the building; and ii) they do not project more than 2.0 m (6.5 ft.) into the front yard; and e) any other features which are similar to the foregoing. 3) In a residential district, the following features may project into a required side yard, except in cases where a side yard of 3.0 m (10.0 ft.) is required for vehicular passage: a) steps, chimneys, box outs and balconies, provided such projection does not exceed 50% of the width of the required side yard; b) eaves, gutters, and sills or other similar projections, to a maximum of 0.6 m (2.0 ft.) provided such encroachment does not result in roof drainage being directed to the abutting lot; c) canopies over entrances to buildings, provided such projections are cantilevered and do not exceed 1.0 m (3.3 ft.) in depth; d) notwithstanding section C 2.11, unenclosed decks less than 0.6 m (2.0 ft.) in height may extend to a side or rear lot line; e) exterior balconies on apartments provided that: i) they are cantilevered and not enclosed, and designed as an integral part of the building; and ii) they do not project more than 1.0 m (3.3 ft.) into a required side yard and in no case are closer than 2.0 m (6.6 ft.) to a side line; and f) any other features which are similar to the foregoing. 4) In commercial or industrial districts, no portion of any building shall project onto or into a required yard. C1.25 PRINCIPAL BUILDINGS 1) No person shall erect more than one (1) principal building on a lot except as follows: a) in an industrial or commercial district, more than one (1) principal building may be erected on a lot provided it is done in such a manner that, if there is future subdivision of the land, each building will be on a separate lot having its own access (or shared access agreement) all in compliance with this bylaw; and, b) in a residential or agriculture district if it complies with Section C1.12. August 2017 Page 109

118 C1.26 PRIVATE WASTEWATER TREATMENT AND STORAGE 1) Wastewater from a dwelling shall be collected in a holding tank until it is pumped out and hauled away for disposal in a manner acceptable to the provincial authorities under current provincial laws, regulations, codes of practice and guidelines. 2) Any private wastewater septic system in existence on the date when this Bylaw comes into force shall be maintained by the landowner on a regular basis. If the Development Authority requests proof of maintenance, the landowner shall provide such proof. 3) No new outhouses shall be constructed within the County s Water and Sewer Service Area. 4) At the request of the Development Authority, the landowner shall be required to provide information about the private wastewater system serving a dwelling within the Lakeshore Development Area. If the Development Authority has no information about the private wastewater system serving a dwelling, and no request has been made pursuant to this clause to obtain information, that lack of information shall be recorded on any Letter of Compliance issued by the Development Authority. C1.27 PROVINCIAL HIGHWAYS 1) A minimum setback of 40.0 m (132.0 ft.) is required from the right-of-way of a Provincial Highway outside of a hamlet or subdivision unless otherwise stated by the Provincial Authority. Setback requirements for development within a hamlet shall be confirmed by the Provincial Authority at the time of application. 2) All Provincial Highway approaches shall be developed in accordance with the Provincial Authority standards. The cost of all Provincial Highway improvements required to serve private developments shall be borne by the developer. 3) No development permit shall be issued for a development located within m (0.8 km) of the centre point of the intersection of a Provincial Highway and a public road or m (0.3 km) from a provincial right-of-way unless a roadside development permit has been issued by the Provincial Authority. C1.28 RELOCATION OF/OR MOVED-IN BUILDINGS 1) Subject to Section D1.3, a development permit is required to: a) place on a lot a building which has previously been erected or placed on a different lot; or b) alter the location on a lot of a building which has already been constructed on that lot unless the relocation is the result of an order from the County. 2) An approval shall not be granted under subsection (1) unless the Development Authority is satisfied that: August 2017 Page 110

119 a) the placement or location of the building would meet the requirements of this Bylaw; and b) based on information required from the applicant relating to the age and condition of the building, that the building and the lot meet the requirements of this Bylaw and the land use district in which it is proposed to be located. 3) The Development Authority shall require any applicant for a relocated or moved-in building to: a) submit recent photographs of the building which demonstrate the condition and appearance of the proposed building to the satisfaction of the Development Authority; b) state the present location and use of the building; c) state the age, size and structural condition of the building; state the proposed improvements to the building, including a description of the colour, texture and/or finish applied to exterior surfaces; c) submit a building inspection report from an accredited inspector as to the building s compliance with the most recent Building Code and Regulations; d) be responsible for paying mileage for any on-site inspection required by County representatives based on the County s current mileage charge at the time of application; e) submit stamped engineer drawings of any improvements required for the moved-in building if required to do so by the County s inspection agency. 4) All external renovations required to any moved structure shall be completed within three (3) months of the relocation of the structure onto the property unless approved through a condition of development permit approval. 5) The Development Authority may require security to ensure the completion of proposed structural improvements. The amount of security shall be the minimum of the cost of removal of the structure from the site. 6) The Development Authority may require the applicant to enter into a Development Agreement with the County specifying the means and amount of security as well as responsibilities of the applicant in completing the development permit conditions. 7) Where a development permit has been issued pursuant to Subsection C1.28.1, the Development Authority may as a condition of the development permit require the developer to provide a security deposit for haul agreements, any maintenance, repairs or improvements associated with the building relocation, or for repair of roads, sidewalks, or boulevards that may be caused by the relocation. C1.29 STORMWATER MANAGEMENT REQUIREMENTS 1) Development shall not be allowed to detrimentally affect water resources within the County including natural features such as wetlands, streams, rivers and bodies of water. In order to mitigate potential impacts: August 2017 Page 111

120 a) Development within or in proximity to wetland areas shall only be undertaken if: (i) Alterations in the natural flow of water which nourishes the wetlands are minimized; (ii) Wetlands are protected from adverse dredging or in-filling practices, siltation or the addition of pesticides, salts or toxic materials; and (iii) All necessary approvals are obtained from the Provincial Authority; b) All developments shall be designed to ensure that stormwater runoff to adjacent lands or watercourses do not exceed pre-development flows; c) Developments shall not adversely affect groundwater resources, or disturb natural drainage patterns or watercourses, unless such measures are necessary to serve a proposed development and receive approval from the Provincial Authority. 2) In support of an application for a development permit, the Development Authority may request the applicant to submit a storm drainage plan. Supporting plans may include proposed suitable building locations and elevations, standards to be incorporated in the final design, with hydrology and hydraulic calculations that justify the system design in accordance with the Provincial Authority and County requirements. The proposed system must accommodate any drainage from adjacent areas, which had naturally drained through the site. This Section outlines the requirements of a storm drainage plan: a) A storm drainage plan shall include a description of the proposed stormwater management and drainage system both on-site and off-site; b) Any drainage from the proposed development which is directed onto existing developed private properties shall be controlled such that post development runoff rates are equal or less than predevelopment runoff rates; and c) The drainage system design and construction should address the following objectives: i. Eliminate or at the least minimize property damage and flooding; ii. Maintain release rate of runoff from new development to pre-development rates or as required to protect the receiving drainage course; iii. Control soil erosion, sedimentation, erosion of creek channels, drainage courses and ditches; and iv. Protect significant wetlands in accordance with the Provincial Wetlands Policy. 3) The requirements of the following and any other Provincial regulations, guidelines and standards for storm drainage systems should be observed: a) Environmental Protection and Enhancement Act; b) Wastewater and Storm Drainage Regulations; c) Standards and Guidelines for Municipal Waterworks, Wastewater and Storm; Drainage Systems; d) Strormwater Management Guidelines for the Province of Alberta; e) Water Act; f) Provincial Wetlands Policy; August 2017 Page 112

121 g) Municipal Government Act; h) Subdivision and Development Regulation; i) Subdivision and Development Amendment Regulations; j) Public Lands Act; k) Environmental Guidelines for the Review of Subdivisions in Alberta. C1.30 SERVICING REQUIREMENTS 1) No development permit shall be issued for development that is to be served by a communal system or municipal system until the communal system has been approved by the appropriate municipal or provincial authorities having jurisdiction. Within the County, communal systems will be considered under the GMSS. 2) Any development that occurs within a hamlet or the Water and Sewer Connection Policy Area must be connected to a municipal water distribution system and sewage collection system, if available, in accordance with the GMSS and the Water and Sewer Connection Policy, as amended from time to time. 3) All developments proposed to be served by on-site water supply and sewage disposal systems shall comply with the Alberta Private Sewage System Standard of Practice 2009 (or successor document), the Water Act, and are required to obtain all necessary permits thereunder. C1.31 STRIPPING, GRADING AND SITE DRAINAGE 1) The Development Authority shall consider every application to strip, excavate or grade land as a permitted use within the designated Land Use District of this Bylaw provided said stripping, grading or excavation is required for the development of the Site, and for which a development permit has been issued. No person shall commence or continue the stripping, excavation, or grading of a site for any other purpose without first obtaining a development permit. 2) Tree Clearing a) The burning of vegetation shall not be allowed unless the necessary permits are obtained from the County Fire Chief or any other designates. b) Where development necessitates the removal of trees from a site, such removals shall be carried out so as not to impact critical nesting and rearing periods in accordance with the Migratory Birds Act. c) Notwithstanding (a), no tree clearing shall be allowed where prohibited under Section C1.16 or the Environmentally Significant Area Protection Overlay. 3) For the purpose of this section, stripping, excavation, and grading refers to these activities for construction or building purposes, removal of topsoil, and the construction of artificial bodies of water. The provisions of this section do not apply to aggregate extraction activities. 4) A development permit is required before the commencement of the removal of topsoil and such August 2017 Page 113

122 permits shall only be granted where it is shown to the satisfaction of the Development Authority that the land will not be adversely affected by removal. The Development Authority shall refer any application for removal of topsoil to all applicable Provincial agencies for review and comment before rendering a decision. 5) Notwithstanding subsection (3), the removal of topsoil from agricultural lands shall only be permitted if required in order to prepare the subject land for an approved development. If top soil is proposed to be removed for any other purpose, such activity shall require a development permit. 6) Conditions of a development permit approving topsoil removal shall require that a minimum topsoil coverage of 15.0 cm (6.0 in) be retained in place and that the area where the top soil is removed be landscaped, including the implementation of appropriate conservation measures. 7) The removal of top soil from a site pursuant to subsections (1) and (4) shall be limited to the surplus that is not required for landscaping purposes after the development of the site is completed. Such topsoil shall be removed prior to permanent construction, paving, or gravelling operations in such areas as loading zones, display, or parking lots and driveways. 8) All fill materials shall be clean and free from contaminants and debris. 9) Lot Grading Plans a) The Development Authority shall require, as a condition of a development permit, that a developer submit a Lot Grading Plan to the County for approval. b) The grading of a lot associated with an approved development shall conform to the applicable lot grading plan and/or drainage master plan and/or stormwater management plan approved by the County. c) The lot grading plan submitted under subsection (a) shall be accompanied by a security deposit in conformance with Section C4 of this Bylaw. Furthermore, the amount and form of security shall be in accordance with the County s requirements. The security deposit shall be returned to the applicant upon confirmation from the applicant that the development complies with the Lot Grading Plan. 10) No drainage measures undertaken as part of a development shall negatively impact adjacent lots by way of flooding or inundation through the redirection of surface water. In the event that a development is found to affect neighbouring lands, all required mitigation measures required to remedy the problem including drainage structures, drainage easements, and retaining walls, shall be at the offending developer s sole expense. 11) Any retaining wall exceeding 1.0 m (3.3 ft.) in height must be designed and inspected by a professional engineer and inspected after construction by a professional engineer. The owner shall provide to the County the design and inspection report, both bearing the seal and signature of a professional engineer. August 2017 Page 114

123 C1.32 TEMPORARY DEVELOPMENT 1) Work camps are excluded from Section C1.33. All work camp approvals shall be in accordance with C ) The Development Authority may issue a development permit for a temporary development for a period not exceeding one (1) year. 3) Where a development permit application is made for a temporary development, the Development Authority shall require the applicant to enter into an agreement with the County guaranteeing the removal or cessation of the temporary development when the authorized use is changed, discontinued, or a pre-determined time limit for that use is reached. 4) A temporary development shall: a) conform to the applicable district regulations; b) be sited on the same site as the principal building, where applicable; and c) in the case of a temporary development required for the purposes of constructing a permanent development, be removed upon completion of the permanent development. 5) Upon expiry of a permit for a temporary development, a new application shall be submitted if continuation of the temporary development is required. C1.33 USE AND DEVELOPMENT OF MUNICIPAL LANDS 1) No person shall deface or in any way disrupt the natural growth of any tree or plant life within municipally-owned land, except by: i. Hand-pulling weeds (as identified in the Weed Control Act, SA 2008, c. W-5.1, and amendments thereto); or ii. Mowing a single meandering trail, a maximum of two (2) metres wide (6.6 ft.), from a landowner s private lot directly across municipally-owned land to the lake-ward side of said lands. 2) No person shall allow livestock in their possession to graze vegetation on any municipally-owned land without the expressed written consent of the County. 3) No signage shall be placed on, altered, or removed from municipally-owned land, except as authorized by the Development Authority. 4) No person shall transport any goods or property over, or place and leave property upon, any municipally-owned land lot without authorization from the Development Authority; and further, any goods and property used for personal recreational purposes shall be removed from said land prior to 11:00 pm daily and shall not be left within it overnight. 5) No fires of any type are permitted, including fire pits, in or on any municipally-owned land. 6) No person shall operate, drive or abandon a vehicle, an off-highway vehicle, or a service vehicle August 2017 Page 115

124 within or upon any municipally-owned land unless it is: i. A service vehicle responding to an emergency; ii. A service vehicle for which there is no other reasonable access to the subdivision lot that requires the respective service and that necessary access is conducted in the most direct and least damaging manner; or, iii. Any type of vehicle that is crossing directly across municipally-owned land and its crossing is conducted in the most direct and least damaging manner. 7) No person shall conduct any digging, excavation, or building operations within or upon any municipally-owned land unless authorized by the Development Authority. 8) No person shall create a nuisance or deposit litter on or over municipally-owned land. 9) Winter storage of docks/boat lifts on municipally-owned land may be permitted between October 1 and May 31 of each calendar year, under the following conditions: i. No storage on crown-owned bed and shore; ii. No vegetation removal allowed to accommodate dock boat lift storage; iii. Docks and boat lifts need to be clearly flagged and stored in a safe manner; iv. Access to and from shore not to be obstructed; and, v. Any dock or boat lift stored between June 1 and September 30 shall be removed at owner s expense. 10) Boat and trailer permanent storage is prohibited at all times in or on municipally-owned land. 11) The provisions of this section do not apply to the actions and operations of the County or persons acting upon the instructions of the County in respect to any activities within municipally-owned land. 12) The following uses are permitted on municipally-owned land designated as municipal or school reserve lands in accordance with the Act: Public recreation areas; School authority purposes; To separate areas of land that are used for different purposes; and Natural areas. 13) The following uses are permitted on municipally-owned land designated as environmental reserve lands in accordance with the Act: Public park; or Natural areas. 14) When municipal and school reserve lands are to be used as public parks, public recreation areas, and school authority purposes, the County shall ensure that as much as possible of the natural environment features indigenous vegetation, including indigenous grasses and timber, and are maintained during development. August 2017 Page 116

125 C1.34 COMPLIANCE AND ENFORCEMENT OF MUNICIPALLY-OWNED LAND PROVISIONS 1) Where the Development Authority discovers that a development or use of municipally-owned lands is not in accordance with this section, the Development Authority may commence the actions outlined in Section D5 of this Bylaw. August 2017 Page 117

126 C2 SPECIAL LAND USE REGULATIONS C2.1 APPLICABILITY 1) The regulations included in this section apply in all districts, unless the district regulations state otherwise. In the event that a conflict occurs between the regulations contained in this section and regulations in other sections in this Bylaw, these regulations shall apply unless the other section of this Bylaw states otherwise. C2.2 ACCESSORY BUILDINGS AND STRUCTURES 1) Accessory uses and buildings are: a) permitted in all districts where the principal use is a permitted use in that same district and for which a development permit has been issued; and b) are discretionary in all districts where the principal use is a discretionary use in that same district and for which a development permit has been issued. 2) An accessory building shall not be used as a dwelling unit unless approved as a secondary suite under Section C2.24 or a security suite under Section C ) Where an accessory building is attached to a principal building by a roof, an open or enclosed structure above grade, or a floor or foundation which is above grade, except carports where vehicular access to the rear yard is not obstructed, it is to be considered part of the principal building and shall adhere to the setback requirements for principal buildings in the applicable land use district. 4) An accessory building or use shall not be located on a lot without a principal building or use being previously developed on the lot in a designated hamlet. 5) The maximum height of accessory buildings shall be in accordance with Table C2.1: Table C2.1: Accessory Building Height Height On Lots smaller than 0.4 ha (1.0 ac) in a 4.6 m (15.0 ft.) hamlet: On Lots larger than 0.4 ha (1.0 ac) in a 6.5 m (21.0 ft.) Hamlet and on all Lots in the CR, ES1, ES2, OE1, and OE2 Districts: DC1 District (Elinor Lake Resort) 10.0 m (32.8 ft.) DC3 District (Pine Lane) 6.0 m (19.7 ft.) AG District No maximum height restriction All Other Districts: Not to exceed the height of the principal building 7) Accessory Building Size: August 2017 Page 118

127 a) The total area of all accessory buildings on a lot in a hamlet residential district shall not exceed twelve percent (12%) of the area of the lot unless otherwise stated in the land use district. b) Notwithstanding subsection (a), in a hamlet residential district the combined area of all accessory buildings shall not exceed the main floor area of the principal building. c) In all other residential districts, the maximum lot coverage for all accessory buildings shall be: i) 12% of the lot area or m 2 (1,500.0 ft. 2 ), whichever is less, for parcels under 2.0 ha (5.0 ac); and ii) for parcels 2.0 ha (5.0 ac) and larger, the maximum combined lot coverage of accessory buildings shall be m 2 (3,767.0 ft. 2 ). d) In all non-residential districts the maximum lot coverage for all accessory buildings shall be 12%. 8) In all residential districts, accessory buildings shall: a) be located a minimum of 2.0 m (6.5 ft.) from the principal building; b) not be located within a front yard in a designated hamlet. c) In all districts located outside of a designate hamlet, accessory buildings shall not encroach within the front yard setback listed in that district; d) be located a minimum of 1.0 m (3.3 ft.) from a rear lot line, provided the building does not encroach on an easement; e) be located, in the case of a garage or carport where the vehicle approach faces an abutting lane or public road a minimum of 2.0 m (6.6 ft.) from the lane or public road; f) be located a minimum of 1.0 m (3.3 ft.) from a side lot line, provided the building does not encroach on an easement; and g) not be located in an exterior side yard s visibility triangle as identified in C1.9. 9) Accessory buildings within the Agricultural District (AG) are permitted within the front yard. 10) Notwithstanding any other provision in this section, no accessory building shall be permitted at a location that will restrict access to a rear yard where a lot has vehicular access from the front, and where one (1) side yard setback of 3.0 m (10.0 ft.) has been provided to accommodate access to the rear of the lot. 11) Accessory buildings and structures shall be developed in a manner that achieves architectural compatibility with the principal building on the lot. 12) Private Swimming Pools; a) Private swimming pools shall be sited as per the siting requirements for accessory buildings. b) Every private swimming pool shall be secured against entry by the public other than owners, tenants, or their guests. c) No private swimming pool shall be constructed unless a fence is provided, except that a wall of a building may be considered to provide adequate protection for its length when substituted for any portion of the fence. d) Every fence enclosing a swimming pool shall be at least 1.7 m (5.5 ft.) in height above the level of the grade outside the enclosure and shall be of approved design such that it will deter children from climbing over or crawling through or under it to gain access. Gates in the fence shall provide protection equivalent to the fence and shall be equipped with a self-latching device located on the inside of the gate. August 2017 Page 119

128 C2.3 ADULT ENTERTAINMENT 1) A building containing an adult entertainment facility shall be located a minimum of m (492.0 ft.) from: a) the boundary of a residential district; b) an apartment building within a commercial district; c) a building containing child care facilities, arenas, elementary schools, junior high schools, high schools, public parks, municipal buildings, senior citizens housing, or religious assemblies; and d) any other adult entertainment facility. 2) Notwithstanding subsection (1), land may be designated as a residential land use district within m (492.0 ft.) of an existing adult entertainment facility. C2.4 AGGREGATE EXTRACTION 1) When an application is received by the County for a development permit that is consistent with a license, permit, approval or other authorization granted by the Natural Resources Conservation Board (NRCB), Energy Resources Conservation Board (ERCB), Alberta Energy Regulator (ER), Alberta Energy and Utilities Board (AEUB), the County must approve the application to the extent that it complies with the license, permit, approval or other authorization granted under Section of the Act. 2) In addition to the requirements of Section D1.4, the County may require the following information from an applicant: a. The location and area of the site on which the resource extraction is to take place; b. The expected life of the deposit, if applicable; c. The existing land use and proposed end land use (post-reclamation); d. A storm water drainage plan; e. A site analysis of the geology, groundwater, surface water, natural vegetation and features of the site; f. The proposed extraction, operation, and staging of the natural resource extraction (including years, dates, hours of operation, guidelines for meeting recommended noise levels, aesthetics, etc); g. The proposed access and hauling activities (including number of trucks, tonnage, hours of hauling, methods of preventing/controlling/reducing erosion or dust, etc.); h. For pits over 5 ha in size, a copy of the provincially approved development and reclamation plans shall be submitted to the Development Authority as part of the County s information requirements. i. The results of public pre-application consultation, subject to the satisfaction of the development authority. 3) No development permit for aggregate extraction is to be issued prior to the applicant first receiving provincial approval under the Water Act. In the event that an approval under the Water Act is not required, the applicant shall provide written confirmation to the Development Authority. August 2017 Page 120

129 4) A development permit for aggregate extraction shall not be valid until all required provincial and federal approvals have been obtained. 5) Aggregate extraction operations may be permitted within m (0.5 mile), or such greater distance as may be established by the Development Authority, of a multi-lot residential subdivision or a hamlet if their crushing period is less than two (2) weeks. Operations that have crushing periods longer than two (2) weeks are required to be more than m (0.5 mile). 6) Borrow pits are exempt from these regulations and are to follow Section C1.6 7) All disturbed areas shall be reclaimed to a land capability equivalent to the pre-disturbance land capability (e.g. agricultural land) or a post-disturbance condition and land use (e.g. conversion to a wetland). All conservation and reclamation activities shall be in accordance with the requirements of the Provincial Authority. 8) The Development Authority shall impose conditions on a development permit requiring: a. that the applicant post a sign on the site or the general area in which the extraction is occurring or is expected to occur within the next ten (10) years identifying: i) the purpose for which the lands are to be used, ii) the approximate time over which extraction of the lands will take place, and iii) the location where additional information may be obtained; b. that dust and noise control measures be employed to prevent operations from becoming an annoyance to neighbouring landowners; c. that a road use agreement be entered into with the County; d. the applicant to enter into a surface restoration agreement with the County, and post a security based on the cost of reclamation for operations that are less than 5.0 ha (12.4 ac) in size and not zoned as Crown Land District (CL); and e. the placement of restrictions on hours of operation. 9) Development permits for aggregate extraction will have an expiry date of up to five (5) years from the date of issue of the permit. 10) For pits that are greater than or equal to, five (5) hectares (12 acres) on private lands require Municipal and Provincial approval through Environment & Sustainable Resource Development (ESRD). These pits shall satisfy the requirements of the Land Use Bylaw, the Environmental Protection and Enhancement Act, the Code of Practice for Pits, the Water Act, the Conservation and Reclamation Regulations and all other statutory or regulatory requirements which may be applicable. 11) For pits less than five (5) hectares (12 acres), developed on private lands require municipal approval. These pits shall satisfy the requirements of the Land Use Bylaw and are subject to the requirements under the Environmental Protection and Enhancement act, the Code of Practice for Pits, the Water Act, the Conservation and Reclamation Regulations and all other statutory or regulatory requirements which may be applicable. August 2017 Page 121

130 C2.5 ANIMAL SERVICE FACILITIES 1) An animal service facility shall not be permitted within or adjacent to a multi-lot residential subdivision or closer than m (1,312.0 ft.) from the boundary of a multi-lot residential subdivision. 2) All facilities or exterior exercise areas used to accommodate animals shall be set back a minimum of 25.0 m (82.0 ft.) from all lot lines. 3) All outdoor exercise areas shall be enclosed with a fence acceptable to the Development Authority with a minimum height of 1.8 m (6.0 ft.). 4) All accessory facilities, including buildings and exterior exercise areas, shall be sited to the rear of the principal building on the site. 5) All facilities must be screened from dwellings on abutting lots to the satisfaction of the Development Authority. 6) The Development Authority may regulate the hours during which the animals are allowed outdoors. 7) Animal service facilities shall comply with the County s Animal Control Bylaw, as amended. 8) The Development Authority may place a restriction on the number of dogs over six (6) months of age, based on location, proximity to neighbouring properties, size of parcel, and other factors deemed appropriate by the Development Authority. These restrictions may be applied to animal service facilities that existed prior to the passage of this Bylaw. 9) The Development Authority may apply conditions regarding the hours the dogs will be allowed to be outside. These restrictions may be applied to animal service facilities that existed prior to the passage of this Bylaw. C2.6 BED AND BREAKFAST AND GUEST RANCH ESTABLISHMENTS 1) A bed and breakfast or guest ranch shall be operated by the live-in owner of the dwelling unit in which the operation is an accessory use to the subject dwelling unit. 2) The maximum length of stay shall be fourteen (14) consecutive days. 3) A maximum of two (2) guest rooms shall be permitted per bed and breakfast, except: a) in residential districts, where an additional two (2) guest rooms may be allowed at the discretion of the Development Authority; and b) in the Agricultural District (AG), where an additional four (4) guest rooms may be allowed. 4) Meals are only to be provided to registered guests, not to the general public. August 2017 Page 122

131 5) No guest rooms shall include kitchen facilities. 6) Any alteration to a building containing a bed and breakfast shall be limited to ensure that the dwelling remains within the character of the area within which it is located and retains its own residential character. C2.7 BOARDING HOUSES 1) A boarding house contained within a single detached dwelling shall be limited to three (3) or fewer guest rooms. A boarding house containing in excess of four (4) guest rooms shall only be allowed in a commercial district, or a residential district that has provision for multi-unit dwellings. 2) Any alteration to a building accommodating a boarding house shall be limited to ensure that the dwelling remains within the character of the area within which it is located and retains its own residential character. 3) Rooms available for rent shall be located entirely within the principal building, and no guest room/sleeping unit shall contain kitchen or cooking facilities. C2.8 CAMPGROUNDS AND RECREATIONAL VEHICLE PARKS For the purposes of this section, campgrounds may be considered as falling into three category types: (1) Major, (2) Tourist and (3) Minor. The first two (2) types are intended for larger sized campgrounds located near amenity areas and accompanied by a range of ancillary and recreational facilities and consist of ten (10) or more campsites. The third type is primarily designed for short-term occupancy for those travelers en-route to another destination and consist of nine (9) or less campsites. A Recreational Vehicle Park is categorized the same as Campground Major no matter the number of stalls or sites within the boundary of the park. All regulations pertaining to Campground Major apply to a Recreational Vehicle Park. C2.8.1 CAMPGROUND MAJOR AND TOURIST REQUIREMENTS 1) In determining the appropriateness and suitability of a site for a proposed campground development, the Development Authority shall consider such factors as accessibility, compatibility with adjacent land uses, environmental sensitivity, physical suitability, and serviceability of the site itself. 2) Roads leading to a proposed campground may be required, as a condition of development approval, to be brought into a condition necessary to sustain the volume and type of traffic to be generated by the proposed campground. 3) Animal proof garbage cans shall be provided throughout the campground. August 2017 Page 123

132 4) Campground design and maintenance shall comply with Wildland/Urban Interface recommendations provided in the Province of Alberta FireSmart Manual. 5) There shall be a minimum distance separation of 1,000.0 m (3,280.0 ft.) between any major or tourist campground facilities and the boundary of a multi-lot subdivision (six (6) lots or more) or a confined feeding operation. 6) The following criteria and standards may be used by the Development Authority to determine the appropriate density for a proposed campground development: a) presence of natural amenities (e.g. water features, landscape); b) quantity and type of vegetation; c) sensitivity of terrain; d) proposed maximum length of stay; and e) Fire Protection Bylaw as amended. 7) The following criteria and standards may be used by the Development Authority in determining an appropriate site design for a proposed campground development: a) the site plan for a proposed campground shall detail internal circulation requirements, street widths, pedestrian circulation, Site access and egress, emergency access, parking areas, storage areas, toilet and laundry areas, recreational areas, and campsite areas; b) the number of access points to the campground shall be limited to control the entry and departure of vehicles and to minimize interference with neighbouring uses and traffic flow; c) the location of access points shall not route traffic through residential areas; d) access points shall be designed to accommodate two-way traffic and shall provide a clear unobstructed view for traffic and turning vehicles. The provision of acceleration and deceleration lanes may be required; e) all campgrounds and sites shall have clear access and identification for fire-fighting, ambulance, and police; f) for campgrounds proposed to be open year-round, provision shall be made in the design of internal roads for snow removal and snow storage; g) for destination campgrounds, particularly long lease arrangements, parking space is required for visitors. The location of visitor parking shall not interfere with pedestrian safety; h) each campsite shall have a minimum area of at least m 2 (2,002.0 ft 2 ) with an open and graded parking space sufficient to permit a clearance of 4.5 m (14.8 ft.) between sides and 3.0 m (9.8 ft.) between ends of adjacent recreation vehicles; i) campsites shall be accessible by means of a driveway at least 3.0 m (9.8 ft) wide where the driveway is for one-way traffic, or at least 6.0 m (19.7 ft.) wide where the driveway is for two-way traffic, and so constructed that automobiles and trailers will not become mired; j) one table and one garbage can (or an equivalent central garbage disposal area) shall be provided for each campsite; k) recreational facilities shall not be located where they would intrude on the privacy of adjacent campers; August 2017 Page 124

133 l) noise control measures may also be required and may include the use of berms, natural barriers, and screens and locating noise-insensitive aspects of the campground closest to the noise source; m) within the campground development, a circular one-way system with gently curving roads, sensitive to topography and site characteristics is preferred, and shall be signed to avoid confusion; and n) all facilities shall meet public health regulations. 6) A map with clearly identified streets, site numbers, and parking areas may be required to be provided by the applicant for camper convenience and in cases of emergency. 7) Campground/Recreational Vehicle Park Layout i. Shall promote the conservation and management of habitat, wetlands, and steep slopes. ii. Shall take advantage of existing clearings and open areas. iii. Shall maintain and promote natural systems connectivity. iv. Shall provide one (1) table and one (1) garbage can (or an equivalent central garbage disposal area) for each campsite. 8) Accessory Developments i. The location, design standards and site requirements of any developments, uses and services such as decks, recreational buildings, equipment storage facilities, fire pits, cook shacks, fire wood storage and any other similar uses or services that may be associated with or required within a campground/recreational vehicle park may be approved at the discretion of the Development Authority. 9) Utility Service Requirements i. Sewage disposal systems, potable water holding tanks, and electrical servicing shall meet all relevant provincial and federal regulations. ii. Washroom facilities shall be provided in centralized locations. 10) Transportation i. Internal roads within a campground/recreational vehicle park shall be developed to the GMSS. Campsites shall be accessible by means of a driveway at least 3.0 m (10.0 ft.) wide where the driveway is for one-way traffic, or at least 6.1 m (20.0 ft.) wide where the driveway is for two-way traffic. ii. Internal roadways proposed for year-round use shall be constructed to an all-weather standard to the satisfaction of the County. iii. Municipal roads leading to a campground/recreational vehicle park must be brought by the applicant to a condition capable of sustaining the volume and type of traffic to be generated by the proposed campground. August 2017 Page 125

134 12) Campsite Design and/or Recreational Vehicle Site/Stall Design i. Campsites or recreational vehicle sites/stalls shall adhere to the following minimum size regulations: Tent Recreational Vehicle Park Model Minimum Width 10.0 m (32.8 ft) 8.3 m (27.1ft) 15.0 m (49.2 ft) Minimum Depth 15.0 m (49.2 ft) 22.5 m (73.8 ft) 22.5 m (73.8 ft) Minimum Area 150 m 2 (1,614 ft 2 ) 186 m 2 (2,002 ft 2 ) m 2 (3,633 ft 2 ) Maximum Density Minimum Parking Two (2) tents Two (2) parking spaces per site C2.8.2 CAMPGROUND MINOR REQUIREMENTS One (1) recreational vehicle Two (2) parking spaces per site/stall One (1) Recreational Vehicle Two (2) parking spaces per site/stall 1) In determining the appropriateness and suitability of a site for a proposed minor campground development, the Development Authority shall consider such factors as accessibility, compatibility with adjacent land uses, environmental sensitivity and physical suitability/serviceability of the site itself. 2) There shall be a minimum distance separation of m (1,000.0 ft.) between a minor campground development and the boundary of a multi-parcel residential subdivision (six (6) lots or more). 3) Campground design and maintenance shall comply with Wildland/Urban Interface recommendations provided in the Province of Alberta FireSmart Manual. 4) Animal proof garbage cans shall be provided throughout the campground. 5) Campground Layout i. Shall promote the conservation and management of habitat, wetlands, and steep slopes. ii. Shall take advantage of existing clearings and open areas. iii. Shall maintain and promote natural systems connectivity. iv. Shall provide one (1) table and one (1) garbage can (or an equivalent central garbage disposal area) for each campsite. 6) Accessory Developments i. The location, design standards and site requirements of any developments, uses and services such as decks, recreational buildings, equipment storage facilities, fire pits, cook shacks, fire wood storage and any other similar uses or services that may be associated with or required within a campground may be approved at the discretion of the Development Authority. August 2017 Page 126

135 7) Utility Service Requirements i. Sewage disposal systems, potable water holding tanks, and electrical servicing shall meet all relevant provincial and federal regulations. ii. Washroom facilities shall be provided in centralized locations. 8) Transportation i. All roads provided within the campground shall be developed to GMSS. Campsites shall be accessible by means of a driveway at least 3.0 m (10.0 ft.) wide where the driveway is for one-way traffic, or at least 6.1 m (20.0 ft.) wide where the driveway is for two-way traffic. ii. Roadways proposed for year-round use shall be constructed to an all-weather standard to the satisfaction of the County. iii. Municipal roads leading to a campground must be brought by the applicant to a condition capable of sustaining the volume and type of traffic to be generated by the proposed campground. C2.9 CHILD CARE FACILITIES 1) Child Care Facilities: a) shall require provincial approval under the Child Care Licensing Regulation; b) shall have privacy screening that prevents visual intrusion into any outdoor play areas; c) that are located in a residential district shall not change the principal character or external appearance of the dwelling in which it is located, and any associated signage must not detract from the residential character of the neighbourhood. C2.10 COMMUNICATION TOWERS AND RADIO ANTENNAS Note: Industry Canada is responsible for regulating radio communication in Canada and for authorizing the location and height of radio communication facilities, including radio, television and microwave transmission facilities. In making its decision regarding transmission, communication and related facilities, Industry Canada considers the following: the input provided by the land-use authority; compliance with Transport Canada s painting and lighting requirements for aeronautical safety; Health Canada s safety guidelines respecting limits of exposure to radio frequency fields; and an environmental assessment may be required in order to comply with the Canadian Environmental Assessment Act. The participation of the County in the consultation process does not transfer any federal decisionmaking authority, nor does it confer a right of veto in the location of the radio communication facility. 1) A development permit is not required for a communication tower that requires federal approval. August 2017 Page 127

136 In these cases, the applicant shall submit documentation to the County that all requirements respecting public consultation have been met. At which time the County shall issue a Letter of Concurrence. 2) The location of satellite dishes, radio antennas and television antennas for private communication which do not require federal approval shall be allowed in front, side and rear yards provided that the maximum height of the satellite dish or the tower supporting the antenna does not exceed 23.0 m (76.0 ft.). Where located on a building, the maximum height of the satellite dish or tower above the surface of the roof shall not exceed 3.3 m (10.8 ft.). 3) The County shall encourage the co-location (sharing) of communication towers and/or tower sites. 4) An application for a development permit shall include a site plan drawn to scale and identifying the site boundary; tower; guy wire anchors; existing and proposed structures; vehicular parking and access; existing vegetation to be retained, removed, or replaced; and uses and structures on the site and abutting properties. 5) The development permit application shall demonstrate how the structures are designed, screened, and situated on the site in such a way as to minimize any potential detrimental effects of the neighbourhoods or area within which they are proposed. 6) The following should be considered in design and siting of both tower and antenna structures as well as auxiliary buildings: a) screening of facilities by using existing vegetation, landscaping, fencing, or other means in order to blend with the built and natural environments. b) design and colour sensitive to the style of architecture in the neighbourhood to encourage unobtrusive, inconspicuous appearance. c) massing situate as near as possible to similarly-scaled structures. d) lighting of the facilities is prohibited unless required by Navigation Canada. e) stealth and/or monopole structures with flush mounted antennas should be used to better integrate form with the existing built environment. Where co-location on a single structure is desired, opportunities to design equipment within a single structure should be investigated. f) access to facilities should be possible without unduly interfering with traffic flow or without unduly creating safety hazards. 7) The tower base shall be setback from abutting parcels and roads by a distance of 20% of the tower height or the distance between the tower base and guy wire anchors, whichever is greater. 8) Sites for commercial communication towers shall be fenced with suitable protective anti-climb fencing as required by the Development Authority. 9) Non federally regulated communication towers shall require applicants to send out notice letters to property owners at a radius seven times the height of the proposed communication tower. August 2017 Page 128

137 10) In the case of a communication tower requiring federal approval, the Development Authority shall submit a letter of concurrence to Industry Canada detailing: a) its opinion as to whether the location of a new telecommunications facility is appropriate from the County s land use perspective; b) whether or not, in the County s opinion, adequate public consultation has been conducted by the carrier; and c) the degree to which the carrier has met the regulations in this section as they relate to location, design and visual impact. 11) The letter of concurrence shall be reviewed by the Municipal Planning Commission prior to issuance to the applicant. C2.11 CONSTRUCTION CAMPS 1) Every construction camp shall be located a safe distance from a construction site so that personnel safety is maintained. 2) Positive drainage shall be maintained to minimize the likelihood of standing pools of water around or within the construction camp. 3) Only personnel related to the construction project shall be accommodated at the construction camp. 4) Only recreational vehicles are permitted in Construction Camps. There shall be no fixed structures permitted. 5) All Construction Camps must be reclaimed by the construction company after the construction project is completed to the satisfaction of the County. C2.12 DECKS 1) An unenclosed deck shall: a) require a development permit if higher than 0.6 m (2.0 ft.) above grade; b) be located a minimum of 1.0 m (3.3 ft.) from a side lot line; c) notwithstanding subsection (b), be located a minimum of 3.0 m (10.0 ft.) from a side lot line abutting a public road; and d) be located a minimum of 3.0 m (10.0 ft.) from a rear lot line. 2) Height notwithstanding, all covered or enclosed decks shall: a) be considered an addition to the principal building, and requires a development permit; b) be included in the calculation of site coverage according to the applicable land use district; and c) meet the setback requirements for a principal building in the applicable land use district. C2.13 DRIVE-THROUGH BUSINESSES 1) Drive-through businesses shall have a minimum lot area of m 2 (6,028.0 ft. 2 ). August 2017 Page 129

138 2) Points of site access and egress shall be located in accordance with the GMSS. 3) All parts of the lot to which vehicles may have access shall be hard surfaced and drained to the satisfaction of the Development Authority. 4) A drive-through business shall not be located on a site which, in the opinion of the Development Authority, is considered unsafe in terms of vehicle circulation and access. 5) No drive-through aisles shall be permitted within a setback area. The Development Authority may require greater setbacks than those established by the applicable district when considering adjacent land uses and vehicle circulation and access. 6) Queuing Spaces a) Queuing spaces for drive-through businesses shall be provided in accordance with Section C3.1(16). b) Queuing space must not overlap with or obstruct any parking stalls or drive aisles. c) If an applicant is seeking a variance to any of the queuing requirements stipulated in this section, a traffic impact assessment (TIA) completed by a professional engineer shall be submitted with the permit application demonstrating that the subject site can accommodate the proposed development without negatively affecting on-site circulation, impeding traffic on abutting roads, or affecting pedestrian safety. The TIA shall be approved by the County s engineer prior to a development permit being issued. 7) Drive lanes shall have a sufficient turning radius to accommodate vehicle entrance to the drive through aisle. 8) Where the drive aisle is adjacent to a residential district, fencing and screening shall be provided to the satisfaction of the Development Authority. 9) No drive-through service window shall be located within 15.0 m (50.0 ft.) of an adjacent residential district. C2.14 DUGOUTS 1) Dugouts shall be set back a minimum distance of: a) 41.0 m (135.0 ft.) from a public road; or b) 15.0 m (50.0 ft.) from a lot line not adjacent to a public road. If a variance to the setback distances required in subsection (1) is proposed, then the Development Authority shall require the installation of fencing, guard rails, or berming as a condition of approval. 3) A dugout used for agricultural purposes does not require a development permit but must comply with this section. August 2017 Page 130

139 C2.15 FOOD SERVICES, MOBILE 1) If a mobile food service unit is operated out of a residence, the owner of the mobile food service unit will be required to obtain a development permit for a minor home based business in accordance with C ) All other mobile food service units shall not require a development permit as per D1.3. C2.16 GAS BARS, SERVICE STATIONS AND BULK PLANTS 1) All petroleum tanks shall be registered with the Petroleum Tank Management Association of Alberta (PTMAA), and comply with the requirements of the Alberta Fire Code Regulation. 2) Notwithstanding the land use district regulations, a use pursuant to this section shall not be located on a site which, in the opinion of the Development Authority, would be considered unsafe in terms of vehicle circulation, and access and egress from the site. 3) Service stations shall be developed in such a manner that: a) no entrance or exit thereto for motor vehicles shall be located within 60.0 m (198.0 ft.) of an entrance to or exit from a fire hall, school, playground, library, church, hospital, children s or senior citizen s home, or other similar public or quasi-public institutions; b) no part of any building or any pump or other accessory building, structure, or use shall be located within 6.1 m (20.0 ft.) of a lot line; c) points of access and egress shall be located in accordance with the GMSS; d) there shall be a front yard of not less than 12.2 m (40.0 ft.); and e) all fuel storage tanks shall be set back from adjacent buildings in accordance with the Safety Codes Act. 4) Lot Area: a) Within a hamlet, the minimum lot area for a service station shall be m 2 (7,965.0 ft. 2 ) and the maximum building coverage shall be twenty-five percent (25%). Where the development includes a car wash, the minimum lot area shall be 1,110.0 m 2 (11,950.0 ft. 2 ). b) In all other cases, the lot area shall be at the discretion of the Development Authority. 5) All parts of the site to which vehicles may have access shall be hard surfaced, fenced, and drained to the satisfaction of the Development Authority. C2.17 GROUP HOMES 1) In making a decision on a development permit for a group home, the Development Authority shall consider, among other matters, if the development would be suitable for the location proposed, taking into account: a) potential traffic generation; b) proximity to park or other open or recreation areas; c) separation of the proposed location from other residential uses; d) buffering or other techniques designed to limit any interference with other uses or the peaceful enjoyment of their properties by nearby residents; and August 2017 Page 131

140 e) consistency in terms of intensity of use with other development in the area. 2) In addition to all other regulations of this bylaw: a) the maximum number of residents for a group home shall be established by the Development Authority, having regard for the nature of the group home and the density of the district in which it is located; and b) the group home shall not generate pedestrian or vehicular traffic or parking in excess of that which is characteristic of the district in which it is located. C2.18 HOME BASED BUSINESS 1) All home based businesses shall require a development permit. 2) A maximum of two (2) home based business permits shall be issued per residence, one (1) of which may be a major home based business. 3) A development permit application for a home based business shall be accompanied by a description of the business to be undertaken, an estimate of the anticipated number of business visits daily and per week, and details respecting the provision of parking. 4) Home based businesses shall comply with the standards provided in Table C2.2: Table C2.2: Home Based Business Development Requirements Standard MINOR MAJOR AGRICULTURAL External Impact Interior alterations allowed subject to compliance with the Safety Codes Act. No change to the external appearance of the dwelling. Maximum Area Twenty percent (20%) of the floor area of the dwelling unit. The home based business may not extend beyond the confines of the primary dwelling. Interior alterations allowed subject to compliance with the Safety Codes Act. No change to the external appearance of the dwelling. External renovations or additions to the subject dwelling or accessory building may be allowed in the Agricultural District (AG). Forty percent (40%) of the floor area of the dwelling unit. The home based business may extend beyond the confines of the primary dwelling to Business use must be secondary to the general use of the parcel as residential or agricultural. Forty percent (40%) of the primary dwelling unit. A maximum of two (2) accessory buildings may be used for this type of home business. Portions of the property August 2017 Page 132

141 Employees Client Traffic Display and Storage No employees who do not reside at the dwelling. Demonstrate that traffic generated will not significantly impact traffic flow in the neighbourhood. No outdoor storage of materials, goods, or equipment. include storage of vehicles, materials or equipment. A maximum of three (3) employees who do not reside at the dwelling. Demonstrate that traffic generated will not significantly impact traffic flow in the neighbourhood. Articles offered for sale shall be limited to the dwelling or accessory buildings. Within a hamlet, no outdoor business activity or the outdoor storage of materials, goods, or equipment. Outside a hamlet outdoor storage of materials, goods, or equipment on the site shall be screened or fenced and located to the rear of the principal dwelling. Parking None Required. All required parking must be provided onsite, see Table C3.1. Signage A maximum of one (1) non-illuminated sign subject to the Development Authority s approval. Business Related Vehicles A maximum of one (1) commercial vehicle used in or for the home based business shall be parked on the subject site. A maximum of one (1) non-illuminated sign. May have up to one (1) commercial vehicle of a maximum size of on a lot of less than 0.4 ha (1.0 ac) in a CR, and ES1. May have up to two (2) commercial vehicles with accessory trailers used in conjunction with the home based business may be used for this type of home business provided that the agricultural use is still the primary use of the property. A maximum of five (5) employees who do not reside at the dwelling. Demonstrate that traffic will not impact traffic on a primary or secondary highway or County road. Vehicles, equipment and materials may be stored in vicinity of the primary dwelling but should be screened from the main road. No requirements for parking. The applicant/landowner is responsible for ensuring sufficient parking is available on the property for the business. A maximum of two (2) illuminated signs on the primary dwelling or accessory buildings in total. May have up to ten (10) commercial vehicles that are greater than 7,000.0 kg (15,430.0 lb) G.V.W. parked and maintained on the site along with lighter weight trucks or other vehicles unless otherwise varied by the Development Authority. August 2017 Page 133

142 parked and maintained on the site on a lot not less than 4.0 ha (10.0 ac) in a OE1, OE2, ES2, CR or AG District. 5) A Minor, Major or Agricultural home based business shall not be a source of inconvenience or materially interfere with, or affect the use, enjoyment, or value of, neighbouring properties, including but not limited to excessive noise, smoke, steam, odour, dust, vibration, or refuse matter, or electrical interference which would not commonly be found in the neighbourhood or surrounding properties. 6) A Minor or Major home based business shall not be allowed if such use would be more appropriately located in a commercial or industrial district having regard for the overall compatibility of the use with the residential character of an area. An Agricultural home based business may have commercial or industrially related businesses provided that the applicant/landowner can demonstrate this use is subordinate to the agricultural operation within the parcel. 7) A Minor, Major or Agricultural home based business shall have no mechanical or electrical equipment used which creates visual, audio, or electronic interference in adjacent dwellings or properties. 8) No commodity, other than the product or service of a Minor or Major home based business, shall be sold on the premises. 9) Minor or Major home based businesses shall not involve activities that use or store hazardous material in quantities exceeding those found in a normal household. The applicant/landowner of an Agricultural home business must ensure the storage and use of hazardous materials comply with Provincial and Federal regulations. 10) If a Minor, Major or Agricultural home based business is providing a fleet service, the permit shall be limited to the dispatch of vehicles. The storage of more than one (1) fleet vehicle on the site shall not be permitted for Minor and Major home based businesses. An Agricultural home based business may have up to ten (10) fleet vehicles on the site. 11) A development permit for a home based business shall be revocable at any time, if, in the opinion of the Development Authority the use is or has become detrimental to the amenities of the neighbourhood in which it is located. 12) When a development permit is issued for a home based business, such permit shall be terminated should the use change for which the permit has been issued for. August 2017 Page 134

143 C2.19 HOTELS AND MOTELS 1) A hotel or motel site shall provide either a) two (2) vehicle accesses to a public road, each of which shall have a minimum width of 7.6 m (25.0 ft.), or b) one (1) combined vehicle access, which shall have a minimum width of 9.0 m (30.0 ft.). 2) The development regulations for hotels and motels are as noted in Table C2.3: Table C2.3: Hotel/Motel Site Requirements 1 Storey 2 or More Storeys Minimum Front Yard Setback 7.6 m (25.0 ft.) 7.6 m (25.0 ft.) Minimum Rear and Side Yard Setback 3.0 m (10.0 ft.) 3.0 m (10.0 ft.) Minimum Side Yard Setback (Adjacent to a 5.0 m (17.0 ft.) 5.0 m (17.0 ft.) Residential District) Building Separation 3.5 m (12.0 ft.) 3.5 m (12.0 ft.) C2.20 INDUSTRIAL DEVELOPMENT 1) Heavy industrial uses shall not be permitted within 3.0 km ( m) of the boundary of a hamlet, a multi-lot residential subdivision, or a recreational or institutional development. 2) All development permit applications for heavy industrial uses must be accompanied by measures to mitigate impacts on surrounding properties to the satisfaction of the Development Authority. Such measures include solid fencing, berming, landscaping, retention of natural vegetation buffers, or a combination thereof. 3) Where there are potential effects or risks associated with a proposed heavy industrial development, the applicant shall be required to submit to the Development Authority an environmental impact assessment, a risk assessment report and an emergency response plan for the proposed development. The required reports are to be prepared by qualified professionals and approved by the County. 4) A development permit application for the establishment of an industrial use within a hamlet shall be considered by the Development Authority only after requesting and considering comments from those provincial agencies or authorities whose interest or jurisdiction may be affected. 5) Notwithstanding any other provision of this Bylaw, where industrial development is proposed on a forested site adjacent to established multi-lot residential development or other high-visibility site as illustrated in Figure C2.1, a natural forested buffer not exceeding m (330.0 ft.) in width may be required by the Development Authority in lieu Figure C2.1: Industrial Forest Buffer August 2017 Page 135

144 of fencing, berming or other measures. 6) Oil Sands Mining, Extraction and Upgrading a) The Alberta Energy Regulator is responsible for the approval of all oil sands mining, extraction and upgrading developments. The Development Authority may not impose conditions that are inconsistent with those issued by the Alberta Energy Regulator. b) Any permit application for associated industrial infrastructure shall be accompanied by: i) the disposition area; and ii) the proposed location of the facility. c) A development permit shall not be issued until evidence in writing satisfactory to the Development Authority is provided that the applicant holds a current license, permit, approval or other authorization granted by the Alberta Energy Regulator, and that the applicant holds any and all other licenses, permits approvals or other authorizations required by any applicable federal, provincial or municipal law or regulation. d) Subject to receipt of the information described in subsection (c), the Development Authority shall approve the application to the extent that it complies with the provincial license, permit, approval or other authorization in accordance with the provisions of the Act. C2.21 MEDICAL MARIJUANA PRODUCTION FACILITIES 1) An application for a medical marijuana production facility shall include a copy of the current license for the medical marijuana production facility as issued by Health Canada. 2) An application for a medical marijuana production facility shall include the submission of a waste management plan (including the incineration of waste products), a water/waste water (including the quantity and characteristics of discharge material) and storm water management plan, and a ventilation plan prepared by a qualified professional. 3) A medical marijuana production facility shall only be located on a site located in a HI District. 4) The medical marijuana production facility use shall not operate in conjunction with or accessory to any other use. 5) The medical marijuana production facility shall be located in a stand-alone building(s). A security suite may be located on the lot containing the use. 6) All processing, loading, receiving and shipping of medical marijuana and other goods, materials or supplies, garbage containers, storage containers and waste material must be contained within the building containing the use. August 2017 Page 136

145 7) The medical marijuana production facility shall include equipment installed and functional in order to remove odours from the air where it is discharged from the building as part of a ventilation system. 8) A medical marijuana production facility that has been closed for a period of one (1) year shall be decommissioned in accordance with any remediation legislation. C2.22 RECREATIONAL VEHICLE ACCOMMODATION AND STORAGE 1) No person shall keep a recreational vehicle in any part of a front yard in a hamlet residential district unless the vehicle is parked on a driveway. Furthermore, no more than one (1) recreational vehicle shall be permitted on a hamlet residential district lot. 2) Recreational vehicles cannot be continuously occupied for more than fourteen (14) days within a hamlet residential district unless they are providing accommodation while a residence is being constructed for which a development permit has been issued. Development permit approval is required for occupancy in excess of fourteen (14) days. 3) Where more than four (4) recreational vehicles are proposed to be parked for more than seven (7) continuous days and used as temporary accommodation on a lot, a development permit shall be required and the provisions of Section C2.8 respecting a campground shall apply regardless if there is a fee charged or not. 4) Notwithstanding (3), any recreational vehicle that is placed on a residential lot for the purpose of rental accommodation shall require a development permit. 5) A maximum of one (1) unoccupied recreational vehicle may be stored on a lot in the ES1 District, or on a lot of 0.4 ha (1.0 ac) or less in size in the CR District. A maximum of four (4) unoccupied recreational vehicles may be stored on a lot in the AG, ES2, OE1 and OE2 districts, or on a lot in excess of 0.4 ha (1.0 ac) in size in the CR District. 6) A maximum of four (4) occupied recreational vehicles may be located at any one time on a lot in the AG, CR, OE1 and OE2 districts unless otherwise authorized by the Development Authority. 7) Any recreational vehicle required under the provisions of subsection (2) shall be removed within forty-eight (48) hours of the completion of the development for which the permit has been issued, or the suspension or expiry of the development permit. 8) In all cases where recreational vehicles are required during building construction, the terms of recreational vehicle occupancy shall be specified in the conditions of the development permit. C2.23 RELIGIOUS ASSEMBLY 1) The following regulations shall apply to all religious assembly uses: August 2017 Page 137

146 a) the minimum lot frontage shall be 30.0 m (98.4 ft.); and b) the minimum lot area shall be m 2 (10,010.4 ft. 2 ). In cases where a manse is provided on the same site, the minimum lot area shall be 1,400.0 m 2 (15,069.5 ft. 2 ). C2.24 SEA CANS 1) Sea cans shall not be permitted on a residential lot in a hamlet, or within a mobile home park district unless required for temporary storage associated with the construction of a dwelling unit(s). In these cases, the sea can shall be removed within thirty (30) days of the occupation of the new dwelling unit, or the suspension or expiry of the development permit. Only one (1) sea can will be allowed on a site under this provision. 2) A maximum of one (1) sea can may be permitted on a residential lot outside of the designated hamlets with a minimum size of 3.0 acres. 3) A sea can located adjacent to a residential lot, a public road or provincial highway shall be screened from view. 4) A sea can shall be used for storage purposes only, shall not contain any dangerous or hazardous materials or containers, and shall not be stacked one upon another. 5) There is no limit to the number of sea cans allowed on a lot located in the Agricultural District (AG) or an industrial district. 6) A sea can shall not be used as a dwelling unit. C2.25 SECONDARY SUITES 1) A maximum of one (1) secondary suite may be permitted on a lot. 2) A secondary suite shall be limited to a maximum of two (2) bedrooms. 3) All secondary suites shall comply with the requirements of the Alberta Safety Codes Act or its successor. 4) Secondary Suites shall comply with the standards provided in Table C2.4: Table C2.4: Secondary Suite Standards Standard Basement Suite Garage (Above Grade) Suite Garage (At Grade) Suite Garden Suite Location: N/A Shall be located only on: a lot with access to a lane; or as a stand-alone residence in the ES1, ES2, OE1, OE2, and CR or the AG Districts Shall be located only on: a lot fronting onto a service road; or a lot with access to a lane. Lot Size (min): Width: 15.0 m (50.0 ft.) Width: 15.0 m (50.0 ft.) Width: 15.0 m (50.0 ft.) August 2017 Page 138

147 Area: m 2 (3,875.0 ft. 2 ) Area: The district requirement for the principal building plus m 2 (1,076.0 ft. 2 ) Area: m 2 (5,650.0 ft. 2 ) Setbacks (min): N/A Building separation: 4.0 m (13.0 ft.) Side and rear yard: Same as principal dwelling in the applicable district. Building separation: 4.0 m (13.0 ft.) Side and rear yard: Same as principal dwelling in the applicable district; Suite Size: Minimum: 30.0 m 2 (323.0 ft. 2 ) Maximum: 74.0 m 2 (800.0 ft. 2 ) Minimum: 30.0 m 2 (323.0 ft. 2 ) Maximum: 74.0 m 2 (800.0 ft. 2 ) May be increased by up to 7.5 m 2 (81.0 ft. 2 ) where the additional floor area comprises an associated deck or balcony Minimum: 30.0 m 2 (323.0 ft. 2 ) Maximum: 74.0 m 2 (800.0 ft. 2 ) May be increased by up to 7.5 m 2 (81.0 ft. 2 ) where the additional floor area comprises an associated deck or balcony Height (max): N/A 6.5 m (21.0 ft.) or the height of the principal dwelling, whichever is the lesser, for building with a roof slope of 4/12 (18.4 ) or greater 5.5 m (18.0 ft.) or the Height of the principal dwelling, whichever is the lesser, for building with a roof slope of less than 4/12 (18.4 ) 4.9 m (16.0 ft.) 5) The Development Authority shall be satisfied that a suitable development site exists on the lot proposed to accommodate a secondary suite. The Development Authority shall be satisfied that the secondary suite can and will be properly connected to services without affecting the existing services of the principal building or surrounding lots. 6) In cases where a secondary suite is to be serviced by private water and sewer systems, the applicant shall be required to submit information prepared by a professional engineer or an Alberta Safety Codes Officer addressing the capability of the septic disposal system and water supply to accommodate the secondary suite. 7) A garden suite shall be designed, sited, constructed, finished, and sided in a manner that is visually compatible with the character of the principal building. 8) The following siting regulations shall apply in all cases: a) the unit shall not be placed in the front yard; August 2017 Page 139

148 b) the unit shall not be placed on easements and shall not be placed on a gas line; c) the unit should not be placed in a manner which could obstruct the view from a house on an adjacent lot; d) the unit shall be sited in accordance with all setback regulations; and e) the lot shall be graded to ensure positive drainage away from the unit, without affecting the drainage of the adjacent properties. 9) A secondary suite may be approved if the secondary suite: a) is compatible with the siting, grade elevations, height, roof slopes, and building types and materials characteristic of surrounding development; b) does not unduly interfere with or affect the use or privacy of adjacent properties; and c) is consistent with any policies and guidelines for secondary suites that may be contained in a statutory plan. 10) Windows contained within a garage suite or garden suite shall be placed and sized such that they minimize overlook into yards and windows of abutting properties through one (1) or more of the following: a) off-setting window placement to limit direct views of abutting rear or side yard amenity areas, or direct view into a garage suite or garden suite window on an abutting lot; b) strategic placement of windows in conjunction with Landscaping or the placement of other accessory buildings; and c) placing larger windows such as living room windows, to face a lane, a flanking street, or the larger of any side yard abutting another lot. 11) In hamlet residential districts decks and balconies shall only be allowed as part of an above-grade garage suite where the deck or balcony faces a lane or a flanking public road. 12) A secondary suite shall not be contained within an accessory building to which a development permit has been approved for a major home based business. 13) A secondary suite shall not be subject to separation from the principal dwelling through a condominium conversion or subdivision. C2.26 SECURITY SUITES 1) A maximum of one (1) security suite per lot may be approved by the Development Authority in accordance with the following: a) where a security suite is attached to the principal building on a site by a roof, an open or enclosed Structure, a floor, or a foundation, it is to be considered part of the principal building; b) security suites shall be located: i) a minimum of 2.0 m (6.5 ft.) from a rear lot line, and 2.0 m (6.5 ft.) from a side lot line; and ii) not located within a front yard. 2) A permit issued for a security suite shall be issued for a period not to exceed five (5) years, after which time the Development Authority may allow an extension of the permit. Upon removal of the unit, the site shall be restored to the satisfaction of the Development Authority. August 2017 Page 140

149 3) Where a security suite is a mobile home unit, the unit shall have a Canadian Standards Association (CSA) Certification Number, an Alberta Municipal Affairs label number, or other applicable identification/certification number. In addition, the skirting on the mobile home unit shall be factory-prefabricated or the equivalent thereof, and so designed and erected to harmonize with the mobile home unit. The mobile home unit shall be skirted from the floor level to the ground level. 4) A security suite shall be limited to two (2) sleeping units in size. C2.27 SOLAR COLLECTORS 1) A solar collector may be located on the roof or wall of a building. 2) A solar collector mounted on a roof with a pitch of less than 1:3, may project: a) a maximum of 0.5 m (1.5 ft.) from the surface of a roof, when the solar collector is located 5.0 m (16.0 ft.) or less from a side lot line, measured directly due south from any point along the side lot line; and b) in all other cases, maximum of 1.2 m (4.0 ft.) from the surface of a roof. 3) A solar collector mounted on a roof with a pitch of 4:12 or greater, may project a maximum of 1.2 m (4.0 ft.) from the surface of a roof. 4) A solar collector mounted on a roof must not extend beyond the outermost edge of the roof. 5) A solar collector that is mounted on a wall: a) must be located a minimum of 2.4 m (8.0 ft.) above grade; and b) may project a maximum of: i) 1.5 m (5.0 ft.) from the surface of that wall, when the wall is facing a rear lot line; and ii) in all other cases, 0.6 m (2.0 ft.) from the surface of that wall. 6) A solar collector mounted on a structure shall meet yard setback and district height regulations. C2.28 WIND ENERGY CONVERSION SYSTEMS The County supports the inclusion of Wind Energy Conversion Systems (WECS) on a lot, or incorporated into a building or structure on a lot, subject to any applicable provincial or federal requirements or regulations. 1) For the purposes of this section: BLADE means the part of a WECS that forms an aerodynamic surface and revolves on contact with the wind. BLADE CLEARANCE means the minimum distance from grade to the tip of the blade when that tip is at the bottom of a full 360-degree revolution and pointed down to the ground. GRADE means the elevation of the developed and finished ground surface at the base of the tower. August 2017 Page 141

150 HORIZONTAL AXIS NACELLE means a WECS on which the axis of the nacelle is parallel to the grade. NACELLE means the part of the WECS that includes a generator, gearbox, or yaw motor, and other operating parts that is installed at the top of the tower, and to which the blades are attached, and is responsible for converting wind power to energy. TOTAL HEIGHT means the distance from grade to the tip of a blade when that tip is at the top of a full 360-degree revolution and is pointed up to the sky. TOWER means the vertical Structure that supports the nacelle and the blade above the ground; and 2) In addition to the requirements of Section D1.4, an application for a WECS shall include the following: a) a site plan including the location of all overhead utilities located on or adjacent to the lot, and contours of the subject land; b) a summary of the manufacturer s specifications including tower dimensions, rotor diameter, materials and finishes, power output in kilowatts, and noise generation; c) an analysis of the anticipated noise levels of the WECS at the site of tower installation, at the property lines of the subject site, and at any dwelling units located within a 2.0 km (1.2 mile) radius of the site; d) confirmation that all landowners within 60.0 m (197.0 ft.) were consulted in accordance with Section D1.8, and documentation of the input received; and e) preliminary reclamation and decommissioning plans. 3) Setbacks for WECS shall comply with the following: a) A WECS shall be located so that from the vertical production of the boundary of the title parcel on which the WECS is located, and when the axis of the blade is parallel to grade, the tip of the blade is a minimum of 20.0 m (66.0 ft.) from the vertically produced line. A lesser setback requirement may be considered at the discretion of the Development Authority where the adjacent lands are part of the same WECS project; b) A WECS shall be located a distance of at least two (2) times the total height of the WECS from a dwelling that is located on the lot on which the WECS is located; c) A WECS shall be located a distance of at least five (5) times the total height of the WECS from a dwelling that is located on an adjacent, separately-titled lot. A lesser setback requirement may be considered at the discretion of the Development Authority where the Adjacent lands are part of the same WECS project; d) Setbacks from all other non-residential buildings shall be at the discretion of the Development Authority; e) The setback from lot lines adjoining a right-of-way shall be in accordance with the district in which the right-of-way is located; f) If, in the opinion of the Development Authority, the above-noted setbacks will be insufficient to buffer the WECS from a dwelling, road, or any other adjacent land use, the Development Authority may increase the required setback; g) Setbacks from a provincial highway shall be as required by Alberta Transportation; h) Setbacks from railway facilities shall be as required by the respective railway company; and i) The Development Authority may increase the required setbacks of a WECS to address compatibility issues with the aesthetic, physical, social, and visual characteristics of the proposed Site. August 2017 Page 142

151 4) A WECS shall have a minimum blade clearance of 7.6 m (25.0 ft.) from grade. 5) The following tower access requirements do not apply to WECS towers designed and constructed to a tubular standard that provides internal access to the tower, and secured with a locked door for access at or near grade. For non-tubular WECS towers, and to avoid improper use, trespass, and to ensure public safety, the Development Authority will require for each WECS approved under a development permit: a) that a security fence with a locking gate be installed around a WECS tower and any outlying guy wire anchor points if the tower could be climbed or be subject to vandalism if no fence is present. The fence shall not be less than 2.4 m (8.0 ft.) in height, with outward facing barbed wire at the top of the fence; b) that no ladder or other similar access device be installed on the outside of the tower below a point 3.7 m (12.0 ft.) from grade; and c) that a locking device be installed to bar access to the top of the tower. 6) Subject to any federal and/or provincial regulatory requirements, the WECS shall consist of a nonreflective matte finish in a non-obtrusive and/or neutral colour. 7) All power lines installed on the WECS site to transfer power to the grid shall be installed below grade, unless otherwise approved by the Development Authority. 8) When considering an application for a WECS, the Development Authority must have regard for: a) the total number of proposed towers; b) subject to subsection (9), the overall density of the towers within the lot; c) the proximity of the proposed towers to all adjacent land uses; d) a review and evaluation of the way in which the proposed towers will relate to other land uses in the area to determine the overall compatibility of the proposed WECS, and if deemed necessary by the Development Authority, the compatibility of individual WECS towers within the lot. 9) The maximum density of towers in a WECS shall be sixteen (16) per section of land, or four (4) towers per quarter section of land. A WECS that requires a higher density will be required to apply for an amendment to this Bylaw to achieve a higher standard. 10) The Development Authority may approve a development permit application that clusters the allowed density on one quarter section or parcel of land, providing the maximum density allowed is not exceeded. The Development Authority may do this to meet the owner s needs with respect to the topography of the subject lands and the optimum location of the WECS towers with respect to the prevailing winds, and/or to address the concerns of adjacent land uses, if identified through the public consultation process. 11) Small Scale WECS Facilities a) the minimum setback of the base of a small scale WECS shall be four (4) times the height of the tower from the property line. b) a maximum of one (1) small scale WECS shall be allowed per lot. August 2017 Page 143

152 C2.29 WORK CAMPS 1) All work camps require a development permit before any development may take place, and the Development Authority shall give due regard to the need, location and type of camp, prior to rendering its decision. 2) All work camps under application within 20.0 km of the hamlets of Lac La Biche and Plamondon shall not be permitted unless they are accessory to federal or provincial government emergency services or County-related activities in support of these services. (see Figure C2.2 for location of buffer around the hamlets of Lac La Biche and Plamondon). 3) All discretionary work camps shall be reviewed by the Municipal Planning Commission. 4) A development permit for a work camp may be issued for up to: a. in the case of an Open Camp in the AG District, one (1) year. Such permits shall be subject to annual renewal; b. in the case of a Work Camp located in the Crown Land District (CL), the duration of the camp shall be the same as that of a provincially issued lease; c. in the case of a Construction Camp, the duration of the camp shall be the same as that of the associated constructed project to a maximum of two (2) years. Such permits may be extended an additional four (4) months, after which time a new permit shall be required; d. in the case of a Work Camp in the General Industrial (GI) District and the Heavy Industrial (HI) District outside of the 20.0 km buffer, the duration of the camp shall be the same as that of the Principal Building or Use. 5) The Development Authority may establish whatever conditions for the approval of a work camp that it, at its sole discretion, deems reasonable to ensure that it will be a temporary development. 6) The Development Authority may, at its sole discretion, establish any conditions of approval for a work camp to ensure that the site will be restored to its previous situation after the development ceases operations. 7) All parking must be provided on the lot and areas for parking shall be developed to the satisfaction of the Development Authority. 8) All points of access and egress shall be located to the satisfaction of the Development Authority. 9) Maximum parcel coverage shall be such that space is available for all the parking on the lot, together with the applicable setback and such area as required for landscaping as determined by the Development Authority. 10) Adjacent buildings in work camps shall be located sufficient distance from each other as required for fire protection purposes as determined by the Alberta Safety Codes Act and by the Development Authority. August 2017 Page 144

153 11) Screening and fencing of storage areas shall be to the satisfaction of the Development Authority. 12) Development permit applications for work camps shall include the following information: a. the location (including GPS coordinates), type and purpose of the camp; b. adjacent land uses; c. the method of supplying water and sewage and waste disposal to the camp. The proposed method of sewage disposal must comply with the Alberta private Sewage Systems Standard of Practice (as amended from time to time) and be to the satisfaction of Public Health; d. the number of persons proposed to live in the camp and the duration of time the camp will be occupied; e. demonstrate approval from Alberta Environmental and Parks (AEP) if the camp is located in the Crown Land District (CL); f. the start date for development, date of occupancy by residents, and removal date for the camp; g. reclamation measures for the site once the camp is decommissioned; and, h. a Fire Safety Plan and fire preparedness equipment in place to the satisfaction of the County s Fire Chief. 13) The County may, as a condition of Development Permit approval, require that the owner/operator of the work camp enter into a road use agreement to address such matters as road maintenance and dust control. 14) Temporary housing and accessory trailers or recreational vehicles incidental to festivals, concerts, rodeos, and other forums of public entertainment shall not be considered a work camp under this bylaw. August 2017 Page 145

154 Figure C2.2: Buffers around Hamlets August 2017 Page 146

155 C3 PARKING AND LOADING FACILITIES C3.1 PARKING REQUIREMENTS 1) Where any development is proposed, on-site vehicle parking and loading shall be provided by the property owner in accordance with the requirements of this Bylaw. 2) All required parking and loading facilities shall only be used for the purpose of accommodating the vehicles of clients, customers, employees, members, residents or visitors in connection with the building or use for which the parking and loading facilities are provided, and the parking and loading facilities shall not be used for driveways, access or egress, commercial repair work, display, sale or storage of goods of any kind. 3) In all districts, on-site parking shall be provided as required in Table C3.1: Apartment Housing/Multi-Unit/Row Housing Dwelling, Single Detached/Duplex/Mobile Home Group Home Home Based Business, Minor Home Based Business, Major Secondary Suite Security Suite Work Camp Other Residential Uses Not Listed Table C3.1: Parking Requirements Residential Uses 1 space per studio or 1 bedroom Dwelling Unit, plus 1.5 spaces per 2 bedroom Dwelling Unit, plus 1.5 spaces per 3 bedroom Dwelling Unit plus 1 visitor space per 4 dwellings 2 spaces per Dwelling Unit 3 spaces minimum None Required 2 spaces in addition to residential requirement 1 space per suite 1 space per suite As required by the Development Authority As required by the Development Authority Commercial/Office Uses Adult Entertainment Facility 1 space per 18.6 m 2 (200.0 ft. 2 ) of gross floor area Animal Service Facility 1 space per 4 animals boarded plus 1 stall per 4 employees Automotive and Equipment 2 spaces per m 2 (1,076.0 ft. 2 ) of gross floor Services/Industrial Equipment Services area Bed and Breakfast 1 space per guest room in addition to residential requirement Boarding House 1 space per sleeping unit Bowling Alley 3 spaces per lane plus 4 spaces for staff and 1 space per 10 spectator seats Bulk Plant 1 space per filling position plus 4 spaces for staff Campground 1 space per campsite plus 1 space per 10 campsites for visitors Convenience Retail/Service Station 1 space per m 2 (1,076 ft. 2 ) plus 1 space per gas pump plus queueing space Contractor 1 space per 2 staff members Drinking Establishment/Restaurant 1 space per m 2 (1,076 ft 2 ) of gross floor area August 2017 Page 147

156 Fitness Centre 5 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area Funeral Services 1 space per 4 seats Gaming Establishments 1 space per 10.0 m 2 (108.0 ft. 2 ) of gross floor area Greenhouse/Plant Nursery As required by the Development Authority Health Services 6 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area Hotel/Motel 1 space per guest room plus 1 space per 3 employees Liquor Store 1space per m 2 (1,076 ft. 2 ) of gross floor area Lumber Yard/Home Improvement Centre 1 space per hectare of lot area plus 1 space per 37.2 m 2 (400.0 ft. 2 ) of retail area Market Garden As required by the Development Authority Motor Vehicle Dealership/Heavy Equipment Dealership 2 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area Personal Service Shops/Health and 1 space per m 2 (1,076 ft. 2 ) Wellness Centre Professional, Financial and Office Support 1 space per m 2 (1,076 ft. 2 ) of gross floor area Retail, Large Format 1.5 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area Retail Store 1 space per 37.2 m 2 (400.0 ft. 2 ) of gross floor area Veterinary Service, Major/Minor Other Commercial Uses Not Listed Abattoir/Agriculture, Intensive Industrial Use/Recycling Facility Other Industrial Uses Not Listed 1 spaces per examination table plus 4 spaces for staff As required by the Development Authority Industrial Uses 2 spaces plus 1 space per employee 1 stall per m 2 (1,076.0 ft. 2 ) of gross floor area for first 2,000.0 m 2 (21,530.0 ft. 2 ) then 1 stall per m 2 (5,382.0 ft. 2 ) As required by the Development Authority Institutional/Recreation Uses Arena 1 space per 4 seating spaces Child Care Facility 1 space per 4 children College/Hospital/Recreation Facility, Parking study may be required Major Community Facility/Conference 1 space per 9.3 m 2 (100.0 ft. 2 ) of gross floor area Facility Curling Rink 6 spaces per sheet of ice plus 4 spaces for staff and 1 space per 10 spectator seating Essential Public Service 1 space per m 2 (1,076 ft. 2 ) of gross floor area Golf Course 2 spaces per hole Gun Range 1 space per shooting/testing lane plus additional spaces for retail Library 1 space per 37.2 m 2 (400.0 ft. 2 ) of gross floor area Marina 1 space per boat stall Private Club 1 space per 10 members Recreation Facility, Indoor 1.5 spaces per m 2 (1,076.0 ft. 2 ) of gross August 2017 Page 148

157 floor area plus 1 space per 4 persons of building capacity Recreation Facility, Outdoor 10 spaces per m 2 (1,076.0 ft. 2 ) of core activity space Religious Assembly 1 space per 4 seating spaces Residential Care Facility 1 space per 2 beds School, Elementary 1.5 spaces per classroom plus drop-off spaces School, Junior High 2.5 spaces per classroom plus drop-off spaces School, Senior High 1.5 spaces per classroom plus 1 space per 5 students plus drop-off spaces Other Institutional/Recreational Uses As required by the Development Authority Not Listed 4) For the purpose of Table C3.1, a parking space may take the form of an indoor space within a garage or parking structure, or may be located outdoors on a hard surfaced facility such as a driveway or parking pad. 5) Parking spaces may be provided in a side by side or tandem format on a lot. 6) Visitor parking identified in Table C3.1 must be readily available at an entrance to the building and be clearly identified as visitor parking. 7) Where the Development Authority s calculation of the total number of parking and loading spaces yields a fractional number, the total number of parking and loading spaces required shall be rounded to the next highest whole number. 8) In cases where the parking requirements for a proposed development are not defined in Table C3.1, the Development Authority shall determine the minimum number of spaces for that based on the requirements of other similar development. 9) Where a development proposes a mix of land uses, the required number of parking spaces shall be the sum of the requirements for each use. 10) Notwithstanding subsection (9), parking for mixed use developments may be reduced in accordance with Table C3.2: Table C3.2: Mixed Use Developments Mixed use development with shared Maximum 10 % reduction to the required number customers and similar hours Mixed use development with separate hours and shared parking spaces of parking spaces Maximum 20% reduction to the required number of parking spaces 11) The applicant may be required to undertake a parking study, prepared by a qualified engineer registered with The Association of Professional Engineers and Geoscientists of Alberta (APEGA) in accordance with accepted engineering practice, in the following instances: a) to determine the parking requirements for a development in the absence of related land uses pursuant to subsection (8); or August 2017 Page 149

158 b) in support of an application for a major development; or c) in cases where an applicant proposes a development with a lesser number of spaces than required in Table C3.1, demonstrating that the deficiency in parking will not negatively impact other parking facilities in the vicinity of the project. 12) Where a building is enlarged, or altered, or a change in the use occurs in such a manner as to cause a more intensive use of that building, provisions shall be made for the additional parking and loading spaces in accordance with this section. The calculations shall be based on the number of additional parking spaces required as a result of the enlargement, alteration or change in the use of the building, in addition to parking spaces that may have been removed due to the enlargement or alteration. This subsection does not apply to commercial and office uses in the Central Commercial District (CC). 13) In lieu of providing parking spaces under subsection (13), the applicant shall: a) provide cash-in-lieu of the required parking spaces in accordance with County policy; or b) provide parking on an alternate lot in accordance with subsection (14). 14) Where all or a portion of the required parking cannot be provided on-site, the deficient number of spaces may be provided on an alternate lot within m (396.0 ft.) of the boundary of the lot provided that: a) the subject Site is held under title by the same owner; b) the owner shall enter into an agreement with the County with respect to the lands required for parking and the owner shall consent to such agreement being registered as an encumbrance against the title of the lands; c) the owner shall pay the full costs of preparation and registration of the agreement referred to above; d) the owner shall provide accommodation for pedestrian circulation between the off-site parking area and the building; and e) the subject parking spaces shall, through signage, be clearly identified as parking spaces for the subject development. f) notwithstanding (a), the alternate parking lot may be under different ownership provided that an agreement between the developer and owner is entered into pursuant to the provisions of this subsection to the satisfaction of the Development Authority. 15) Queuing requirements for drive-through businesses shall be provided in accordance with Table C3.3: Drive Through (Restaurant) Five (5) spaces measured from the service window, plus one (1) outbound (waiting) space. Table C3.3: Drive-Through Businesses Drive Through Drive Through (Non-Restaurant) (Vehicle Services) Five (5) spaces Five (5) spaces measured from the inbound for each service window, plus service bay. one (1) outbound Three (3) inbound (waiting) space. spaces for a complete service car wash, plus two (2) spaces per fueling position. Queue Space Dimensions Length (min): 7.0 m (23.0 ft.) Width (min): 3.0 m (10.0 ft.) Shall provide sufficient space for maneuvering. August 2017 Page 150

159 C3.2 PARKING EXEMPTIONS IN LAC LA BICHE AND PLAMONDON 1) In all districts, on-site parking shall be provided as required in Table C3.1 with the exception of those areas of the hamlets of Lac La Biche and Plamondon identified in Figure C3.1 and Figure C3.2 where Table C3.4 shall prevail. Figure C3.1: Hamlet of Lac La Biche August 2017 Page 151

160 Figure C3.2: Hamlet of Plamondon Table C3.4: Parking Regulations for Downtown Lac La Biche and Plamondon Commercial/Office Uses Automotive and Equipment 2 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area Services/Industrial Equipment Services Boarding House 1 space per sleeping unit Bowling Alley 3 spaces per lane plus 4 spaces for staff and 1 space per 10 spectator seats Convenience Retail/Service Station 1 space per m 2 (1,076.0 ft. 2 ) plus 1 space per gas pump plus queueing space Drinking Establishment/Restaurant 1 space per m2 ( ft.2) of gross floor area Fitness Centre 5 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area Funeral Services 1 space per 4 seats Gaming Establishments 1 space per m2 ( ft.2) of gross floor area Health Services 6 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area Hotel/Motel with banquet or food 1 space per guest room plus 1 space per 3 employees (restaurant) facilities August 2017 Page 152

161 Liquor Store Personal Service Shops/Health and Wellness Centre Professional, Financial and Office Support Retail, Large Format Retail Store Other Commercial Uses Not Listed PLUS 1 space/4 sets of maximum Occupancy Load Capacity as determined by the Fire Authority 1space per m 2 ( ft. 2 ) of gross floor area 1 space per m2 ( ft.2) of gross floor area 1 space per m2 ( ft.2) of gross floor area 1.5 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area 1 space per m 2 (1,076 ft. 2 ) of gross floor area As required by the Development Authority Apartment Housing/Multi-Unit/Row Housing Dwelling, Single Detached/Duplex/Mobile Home Other Residential Uses Not Listed Apartment Housing/Multi-Unit/Row Housing Dwelling, Single Detached/Duplex/Mobile Home Other Residential Uses Not Listed Apartment Housing/Multi-Unit/Row Housing Dwelling, Single Detached/Duplex/Mobile Home Other Residential Uses Not Listed Residential Uses 1 space per studio or 1 bedroom Dwelling Unit, plus 1.5 spaces per 2 bedroom Dwelling Unit, plus 1.75 spaces per 3 bedroom Dwelling Unit plus 1 visitor space per 4 dwelling units 2 spaces per Dwelling Unit As required by the Development Authority Residential Uses 1 space per studio or 1 bedroom Dwelling Unit, plus 1.5 spaces per 2 bedroom Dwelling Unit, plus 1.75 spaces per 3 bedroom Dwelling Unit plus 1 visitor space per 4 dwelling units 2 spaces per Dwelling Unit As required by the Development Authority Residential Uses 1 space per studio or 1 bedroom Dwelling Unit, plus 1.5 spaces per 2 bedroom Dwelling Unit, plus 1.75 spaces per 3 bedroom Dwelling Unit plus 1 visitor space per 4 dwelling units 2 spaces per Dwelling Unit As required by the Development Authority Private Club Recreation Facility, Indoor Religious Assembly Other Institutional/Recreational Uses Not Listed Institutional/Recreation Uses 1 space per 10 members 1.5 spaces per m 2 (1,076.0 ft. 2 ) of gross floor area plus 1 space per 4 persons of building capacity 1 space per 4 seating spaces As required by the Development Authority August 2017 Page 153

162 C3.3 SCHOOL DROP-OFF SPACES 1) School drop-off spaces shall be provided in accordance with Table C3.5: Table C3.5: School Drop-Off Space Requirements School Spaces Required Elementary School 5 spaces per 100 students Junior High/High School 5 spaces total 2) School drop-off spaces shall be positioned such that children walking from the drop-off space to the school do not cross areas that vehicles commonly travel in reverse gear, such as drive aisles and loading areas. 3) Loading stalls for schools shall be sized as follows: a) A minimum 8.0 m (26.0 ft.) in length and 3.1 m (10.0 ft.) in width if in a parallel parking format; or b) A minimum 6.1 m (20.0 ft.) in length and 3.1 m (10.0 ft.) in width if in an angle parking format. C3.4 LOADING SPACE REQUIREMENTS 1) Loading spaces shall be provided in accordance with the Table C3.6: Table C3.6: Loading Space Requirements Land Use Loading Spaces Required Multi-Unit Residential Buildings 1 for a Building of 20 units or greater Commercial and Industrial 1 per loading door. A minimum of 1 space to be provided in all cases. School/Recreational, Cultural, and Community To be determined on a site by site basis. Facilities 2) Design and Layout of Loading Spaces a) A loading space shall be designed and located so that all vehicles can be parked and maneuvered entirely within the boundaries of the lot before moving onto an adjacent public road. b) A loading space shall not be designed or located in such a way that causes a vehicle to negatively impact traffic flow on a public road, adjacent lots, or abutting developments. c) The Development Authority may require a turning movement diagram which illustrates the maneuvering requirements for vehicles using the loading space. e) A loading space shall be a minimum width of 3.1 m (10.0 ft.) and a minimum depth of 9.1 m (30.0 ft.), and maintain a minimum overhead clearance of 4.3 m (14.0 ft.). These dimensions may be changed by the Development Authority having regard for the types of vehicles that are likely to use the loading spaces. f) All loading spaces shall be sited at an elevation equivalent to the main floor level of a building or to a utility elevator serving each floor level. August 2017 Page 154

163 g) Facilities for unloading of school buses shall be provided on school property unless specified in an agreement. h) The Development Authority may allow a development to provide a lesser number of loading spaces in the Central Commercial District (CC) if the development is to occupy an existing building in the Central Commercial District (CC) where no or little space is available for loading spaces on the lot. C3.5 PARKING AND LOADING FACILITY CONSTRUCTION 1) All on-site parking and loading facilities required by this Bylaw shall be constructed as follows: a) they shall not be located within 1.0 m (3.3 ft.) of a lot line abutting a public road or Provincial Highway; b) adequate access to, and exit from each parking space shall be provided at all times to the satisfaction of the Development Authority; c) necessary curb cuts are to be located and flared to the satisfaction of the Development Authority; d) every on-site parking and loading facility, including access points and curb crossings thereto, shall be hard surfaced if the access is from a public road or lane which is hard surfaced. In all other cases, the surfacing of the parking area shall be graveled. In the case of industrial developments, paved areas may be limited to the front and sides of the principal building; e) parking and loading facilities used at night shall have adequate lighting for the entire parking facility. Such lighting shall be directed away from adjacent residential properties and other properties where, in the opinion of the Development Authority, they would have adverse effects; f) in no case shall grades be established that would permit surface drainage to cross any sidewalk or lot line without the approval of the Development Authority; g) on-site parking and loading spaces shall be constructed with surface grades not exceeding six percent (6%); h) where parking and loading facilities for commercial or industrial uses abut residential uses, the parking and loading facilities shall be screened through a landscaped buffer sufficient to provide the residential use with privacy. 2) The minimum dimensions of parking spaces shall be as provided in Table C3.7 and illustrated in Figure C3.3. Parking Angle a Table C3.7: Parking Space Dimensions Width b Depth c Traffic Circulation One-Way Two-Way Aisle Width d 0 (Parallel) 7.0 m (23.0 ft.) 2.8 m (9.0 ft.) 3.75 m (12.5 ft.) 7.5 m (25.0 ft.) m (9.0 ft.) 2.8 m (9.0 ft.) 2.9 m (10.0 ft.) 6.1 m (20.0 ft.) 4.1 m (14.0 ft.) 3.9 m (13.0 ft.) 3.8 m (13.0 ft.) 6.3 m (21.0 ft.) 6.1 m (20.0 ft.) 5.9 m (19.0 ft.) m (9.0 ft.) 2.8 m (9.0 ft.) 2.9 m (10.0 ft.) 6.4 m (21.0 ft.) 5.7 m (19.0 ft.) 5.5 m (18.0 ft.) 5.4 m (18.0 ft.) 6.3 m (21.0 ft.) 6.1 m (20.0 ft.) 5.9 m (19.0 ft.) August 2017 Page 155

164 m (9.0 ft.) 2.8 m (9.0 ft.) 2.9 m (10.0 ft.) 5.8 m (19.0 ft.) 7.9 m (26.0 ft.) 7.5 m (25.0 ft.) 7.2 m (24.0 ft.) 7.9 m (26.0 ft.) 7.5 m (25.0 ft.) 7.2 m (24.0 ft.) Figure C3.3: Parking Space Dimensions 3) Notwithstanding subsection (2), parking stalls required for employee parking in the Central Commercial (CC) District may be reduced by 0.2 m (0.5 ft.) in width and 0.6 m (2.0 ft.) in length in cases where the parking is provided in a tandem format. 4) Parking spaces shall be clearly marked in the parking facility. Such marking shall be regularly maintained to ensure legibility to users and shall be to the satisfaction of the Development Authority. 5) Protective measures shall be provided in parking areas to protect abutting fences, walls, boulevards, landscaped areas or buildings on the lot or an adjacent lot. Continuous raised or pre-cast curbing of not less than 0.1 m (0.33 ft.) in height shall be provided adjacent to public roads and required landscaped areas, a minimum of 0.6 m (2.0 ft.) from the front of the parking stall. Concrete curb stops shall be placed to ensure that vehicles do not overhang boulevards, sidewalks, or required landscaped areas. 6) Where there is a sidewalk combined 90-degree parking alongside a building a suitable barrier must be placed in the parking space to prevent the front or rear end of a vehicle from blocking pedestrian circulation on the sidewalk. 7) Each required parking space shall have a vertical clearance of a minimum of 2.0 m (6.6 ft.). 8) In cases where paving of a parking lot is required as a condition of development permit approval, such paving shall be completed within two (2) years of the date of permit issuance. August 2017 Page 156

165 C3.6 PARKING STRUCTURES 1) Parking structures located below grade may extend into a required yard, subject to ensuring that there are no encumbrances registered on title. A detailed landscape plan, including a cross section must be submitted, which demonstrates enough soil depth above the parkade for the required landscaping in any required yard. 2) A parking structure may be constructed up to any lot line, but the vehicle entrance must be set back a minimum of 6.0 m (20.0 ft.) from the lot line so that vehicles entering the structure do not impede through traffic on the abutting public road. C3.7 PARKING FOR THE PHYSICALLY DISABLED 1) Parking for the disabled shall be provided and shall be included in the calculation of the number of spaces required for a development. A minimum of five percent (5%) of the total number of spaces shall be provided and clearly identified for use by the disabled. 2) Location a) Parking for the disabled shall be located in close proximity to the building entrance on a level surface. b) Parking shall be arranged in a way that users of wheelchairs are not required to pass behind parking cars. c) In the case of a building with multiple public entrances, a minimum of one (1) space shall be located near each entrance. 3) Design and Construction a) Parking for the disabled shall be designed in accordance with the Barrier Free Design Guidelines of the Alberta Building Code. b) Each parking space shall be clearly identified by the international symbol of accessibility. c) Each parking space shall be marking with a wheelchair symbol sign with the message permit required. The symbol shall be white on a blue background, and shall have minimum dimension of 0.46 m (1.5 ft.) by 0.61 (2.0 ft.). The sign shall be mounted at a height of at least 1.2 m (4.0 ft.) from the pavement or sidewalk to the bottom of the sign, and be positioned so as to be easily seen by drivers who are attempting to park. August 2017 Page 157

166 C4 LANDSCAPING REQUIREMENTS The purpose of this section is to improve the appearance and aesthetic appeal of developments and reduce potential land use conflicts between incompatible land uses. C4.1 GENERAL PROVISIONS 1) The provision of landscaping shall be a condition of the issuance of a development permit for any new development in: b) all commercial districts; c) all industrial districts; and d) the PI District and PR District. 2) The owner of the property, or the owner's successors or assignees, shall be responsible for the placement and proper maintenance of landscaping on the site. The Development Authority may require, as a condition of development permit approval, that the owner provide securities in accordance with the provisions of subsection C4.5. 3) Where landscaping is required, no commercial, industrial, institutional or multi-unit dwelling development shall proceed until: a) the developer submits detailed landscape plans with the development permit application as specified in subsection (5); b) the Development Authority has approved the detailed landscape plan; and c) the required security for the landscaping, in accordance with this section, has been submitted to the satisfaction of the Development Authority. 4) Landscape Plans a) The required landscape plan for the proposed development shall be drawn by a Landscape Architect registered in the province of Alberta, at a scale of 1:500 or larger, and include the following: i) north arrow; the property lines, dimensions of the lot and identification of adjacent land uses; ii) adjacent public areas such as boulevards and municipal reserves and features, such as streets, lanes, driveways, vehicular entrances, sidewalks, street furniture and boulevard trees; iii) overhead, surface and underground utilities, limits of easements and adjacent PUL or MR lots; iv) outlines of all existing and proposed structures including the building footprints at grade, location and type of underground structures and overhangs within the first two storeys; v) all physical features, existing or proposed including but not limited to: building entrances, porches, decks, walkways, other hard surfacing or hard landscape features, parking areas, curbs, lighting, fencing, walls, screens, planting beds, recreational facilities and garbage collection areas. Materials, colours and patterns shall be included; vi) existing and final site grading, including the established lot lines, elevations berming shown in half-metre contours, direction of lot drainage, proposed catch basins rim elevations, top and bottom of retaining wall elevations and existing elevations of plant material to be retained; vii) the height and material of all fencing, screening and walls: viii) clearly labeled existing and proposed trees and shrubs. These labels shall be cross-referenced to a plant list identifying common and botanical names, quantity, size, condition and method August 2017 Page 158

167 of planning, grass mix for sod and/or seed. Proposed plants shall be drawn at 2/3 of their mature canopy spread; and ix) the spread and caliper of trees to be retained, removed or relocated by the proposed construction. b) The Development Authority may consider a development permit application that does not provide all of the information outlined in subsection (a) if the information provided is deemed sufficient to show that the intent of this Bylaw is met. 5) Where possible, existing landscaping or natural vegetation shall be preserved and included on the landscape plan. 6) All yards visible from a public road other than a lane shall be seeded, sodded, or, where applicable, landscaped in accordance with an approved landscape plan, within eighteen (18) months of the occupancy or the commencement of an operation of the proposed development. C4.2 LANDSCAPING REQUIREMENTS FOR PARKING AND STORAGE AREAS 1) Any parking lot having twenty (20) or more parking spaces that is visible from an abutting site in a residential or commercial district, or from a public road other than a lane, shall have perimeter planting. The location, length, thickness and height of such perimeter planting at maturity shall, in conjunction with a change in grade or other natural or man-made features, be sufficient to provide substantial interruption of the view of the parking area from any abutting residential or commercial district, and enhance the view of the parking area from any adjacent public road. 2) Every parking lot required by this Bylaw to accommodate thirty (30) or more vehicles at grade, shall incorporate landscaped open space within the parking lot, calculated on the basis of 2.0 m 2 (21.5 ft. 2 ) of landscaped island area per required parking and loading space. This shall be landscaped in accordance with this Bylaw. 3) For parking lots containing required parking for forty (40) or more vehicles, a minimum of two (2) landscaped islands shall be required. These islands shall be placed to provide visual relief, to assist vehicular circulation and to organize large areas of parking into smaller cells. The number of islands provided shall be identified in the required landscape plan. 4) Any trash collection area, open storage area, or outdoor service area, including any loading, unloading or vehicular service area that is visible from an abutting lot in a residential or commercial district, or from a public road other than a lane, shall have screen planting. The location, length, thickness and height of such screen planting at maturity shall, in conjunction with a change in grade or other natural or man-made features, be sufficient to block the view from any abutting residential or commercial district. Such screen planting shall be maintained to provide effective screening from the ground to a height of 1.8 m (6.0 ft.). If it is deemed that screen planting cannot reasonably be expected to survive, earth berming, masonry walls, wood fencing or other man-made features may be permitted as a substitution. August 2017 Page 159

168 5) If the height of materials in an outdoor storage area would limit the effectiveness of screen planting required by subsection (5), a fence, wall, earth berm, or a combination thereof, may be substituted, subject to the approval of the Development Authority. C4.4 LANDSCAPE CONSTRUCTION SPECIFICATIONS 1) All plant materials included in landscaping plans shall be tolerant to the climactic conditions in the County. The most current edition of the "Alberta Horticultural Guide" shall be used as a reference by the Development Authority. 2) All plant materials shall meet the horticultural standards of the most current edition of the "Guide Specifications for Nursery Stock", produced by the Canadian Nursery Trade Association. 3) Existing landscaping or natural vegetation that is retained through development must be protected from disturbance by site work, such as grading, to the furthest extent of the drip line. 4) Tree species included on landscaping plans shall meet the following specifications: a) 50% of deciduous trees shall be at least 0.05 m (0.16 ft.) caliper at time of planting; b) 50% of deciduous trees shall be at least 0.08 m (0.25 ft.) caliper at the time of planting; c) coniferous trees shall have a minimum height of 2.5 m (8.2 ft.) at time of planting; d) coniferous shrubs shall have a minimum spread of 0.5 m (1.6 ft.) at time of planting; and e) deciduous shrubs shall have a minimum height of 0.5 m (1.6 ft.) at time of planting. 5) In all areas, the following minimum standards shall be met: a) one (1) tree is required for each 60.0 m 2 (646.0 ft. 2 ) of landscaped area; b) one (1) shrub is required for each 30.0 m 2 (323.0 ft. 2 ) of landscape area; and c) the proportion of deciduous plant material to coniferous plant material is approximately 1:1. C4.5 LANDSCAPING SECURITY 1) The Development Authority may require, as a condition of a development permit, that the applicant provide a guaranteed security from the property owner to ensure that landscaping is provided and maintained for two (2) growing seasons. The security may take the following forms: a) cash to a value equal to one hundred percent (100%) of the established landscaping costs; or b) an irrevocable letter of credit having the value equivalent to one hundred percent (100%) of the established landscaping costs. 2) For the purpose of determining the required securities under subsection (1), the projected cost of landscaping shall be calculated by the owner or the owner s representative based on the information provided on the landscape plan. If the Development Authority does not accept the costs identified by the applicant, the Development Authority may determine a different landscaping cost for the purpose of determining the landscaping security. 3) If cash is offered as the landscaping security, it shall be held by the County, without interest payable, until, by confirmation through inspection by the Development Authority, the August 2017 Page 160

169 landscaping has been installed and successfully maintained for two growing seasons. Partial refund after installation of the landscaping or after one growing season shall be considered upon request of the owner, at the sole discretion of the Development Authority. 4) If a letter of credit is offered as the landscaping security, it shall be in a form satisfactory to the Development Authority. The initial term of the letter of credit shall be one (1) year. The letter of credit shall be renewed by the owner thirty (30) days prior to expiry and delivered to the Development Authority until such time as the landscaping has been installed and maintained for two (2) growing seasons. 5) In the event the applicant does not complete the required landscaping, or if the owner fails to maintain the landscaping in a healthy condition for the specified periods of time and the cash or the proceeds from the letter of credit are insufficient for the County to complete the required work, should it elect to do so, then the applicant shall pay the deficiency to the County immediately upon being invoiced. The County shall provide an accounting to the owner indicating how the cash or proceeds of the letter of credit were applied, within sixty (60) days of completing or maintaining the landscaping. 6) Upon application by the owner or the owner's representative, a letter of credit may be amended to a reduced amount, for attachment to the original letter of credit when any of the following events occur: a) the required landscaping has been properly installed; and b) the required landscaping has been well maintained and is in a healthy condition after one (1) growing season. 7) Upon application by the owner or the owner's representative, a letter of credit shall be fully released if the required landscaping has been well maintained and is in a healthy condition after two (2) growing seasons. 8) Any letter of credit shall allow for partial draws by the County if the landscaping is not completed in accordance with the approved landscape plan within one (1) growing season after completion of the development; or the landscaping is not well maintained and in a healthy condition two (2) growing seasons after completion of the landscaping. The County may draw on a cash security or a letter of credit and the amount thereof shall be paid to the County for its use absolutely. All expenses incurred by the County, to renew or draw upon any letter of credit, shall be reimbursed by the owner to the County by payment of invoice or from the proceeds of the letter of credit. 9) Upon receipt of a written request from the parties involved in the development, including but not limited to the property owner, condominium association or the issuer of the letter of credit, an inspection of the finished landscaping shall be completed by the Development Authority. Inspections shall be made during the normal growing season, between May 1 st and September 30 th. All reasonable effort shall be made by the Development Authority to perform the inspection within twenty (20) working days of receipt of the inspection request. August 2017 Page 161

170 C5 SIGNS The purpose of this section is to regulate the use and location of permanent and temporary signs as a means of communication and advertising without negatively affecting the character and appearance of the community. C5.1 DEFINITIONS AWNING OR CANOPY means a projection outward from the face of a building, primarily designed to provide protection from climatic elements. BUSINESS FRONTAGE means: a) any side of a lot or building which abuts a public road or provincial highway; or b) in the case of individual businesses or tenants within a building, any business which has separate access to a public road or provincial highway. COPY means the message on the sign face including, but not limited to, words, numbers, logos, symbols, and decorations. COPY AREA means the entire area, which encloses the limits of the sign copy, contained on the sign but excludes the main support structure. For multi or doublefaced signs, copy area is the area of one face. FLAG means any fabric containing distinctive colours, patterns, symbols or stylized letters hung from a flagpole with mechanisms for raising and lowering the flag. ILLUMINATION means the lighting of any sign by artificial means including internal, direct, indirect or reflected. LOGO means a readily identifiable symbolic representation used exclusively by an individual company or person to simplify product or business recognition and which contains no additional advertising message. MURAL means a graphic design, or artwork, painted directly on to a structure, which does not convey an advertising message and does not include a fascia sign or an identification logo. NON-PROFIT ORGANIZATION means: a) a society established under a law of Canada or Alberta; b) a corporation that is prohibited from paying dividends to its members and distributing the assets to its members on winding-up; or c) any other entity established under a law of Canada or Alberta for a purpose other than to make a profit. POINT OF SALE ADVERTISING means advertising which relates to the name of the occupier or firm, the nature of the business conducted and/or the goods produced, and/or the main products and services sold or obtainable at the lot on which the advertising is displayed. SIGN, A-BOARD means a self-supporting two (2) sided A-shaped sign which is set upon, but not attached to, the ground and has no external supporting structure. SIGN, ANIMATED means a sign that uses movement or change of lighting to depict action or create special effects or a pictorial scene, but does not include static electronic or digital copy. SIGN, AREA OF means the entire area of a sign measured to the outer perimeter of the sign, but does not include any structures August 2017 Page 162

171 necessary for the support of the sign. SIGN, AWNING OR CANOPY means a sign attached to a marquee, awning or canopy. SIGN, BANNER means a sign constructed of non-rigid cloth, plastic or other fabric which is attached at all four corners to a pole, building or other supporting structure and is intended to be of a temporary nature but does not include flags. SIGN, BILLBOARD means a selfsupporting sign which is used for the display of general advertising, the subject matter of which is not necessarily related to the use or ownership of the property on which the structure is located. SIGN, CONSTRUCTION SITE IDENTIFICATION means a temporary sign for providing information or advertising related to the construction project only, and erected by an individual or firm on the premises undergoing construction. SIGN, DEVELOPMENT INFORMATION means an official sign illustrating the relevant Land Use District(s) referred to on the sign for the purpose of a Land Use Bylaw amendment, subdivision appeal etc. SIGN, DIRECTIONAL means an on premise incidental sign designed to guide or direct pedestrian or vehicular traffic. SIGN, ELECTION means a sign connected with a municipal, school board, provincial or federal election or any election held pursuant to the Local Authorities Election Act, including, but not limited to, signs describing or promoting the election process or a candidate or party seeking election. SIGN, FASCIA means a sign attached flush to, or marked, painted or inscribed on a vertical surface of a building or structure so that no part of the sign projects more than 30.0 cm from the face of the building or structure. A fascia sign does not include a billboard sign or a mural. SIGN, FREESTANDING means a sign on a standard or column permanently attached to the ground, which is not connected in any way to any building or other structure, and does not include a portable sign or billboard sign. Also referred to as a Pylon Sign. SIGN, PORTABLE means any readily transportable sign that can be easily relocated to another location or temporarily set up and removed from a site, not permanently attached to the ground, a building, or a vehicle, and any inflatable object which is used to attract attention, or to which advertising is attached. A portable sign is a temporary sign. Also referred to as a Changeable Copy Sign. SIGN, PRIVATE SALE means a temporary sign advertising a private sale of personal property and is restricted to real estate sale, rent or lease; and garage or rummage sales. SIGN, PROJECTING means a sign which is attached to a building or structure so that part of the sign projects more than 30.0 cm (1.0 ft.) from the face of the building or structure, but does not include a canopy or awning sign. SIGN, ROOF means any sign placed on or over a roof. SIGN, SUBDIVISION ENTRANCE FEATURE means a permanent sign indicating the name of a subdivision, or a portion of the subdivision on which it is placed. SIGN, TEMPORARY means a sign which is not permanently installed or affixed position, erected for a specified period of time announcing August 2017 Page 163

172 or advertising an event of limited duration. SIGN, THIRD PARTY means a Sign that advertises goods, products, services or facilities, or directs persons to a different location from where the sign is located. Such advertising copy does not apply to the goods, products, services or facilities on the premises, or any use on the premises where the sign is displayed or erected. C5.2 GENERAL SIGN PROVISIONS 1) Unless otherwise exempted under Section C5.3, no sign shall be erected on land or affixed to any exterior surface of any building or structure unless a development permit has been issued in accordance with this section. 2) No sign shall be erected on or affixed to private property without the prior written consent of the owner of the land or building on which a sign is to be installed. 3) With the exception of billboard signs, special event signs, and signs erected by a non-profit organization, all signs shall contain point of sale advertising. 4) No sign shall be erected so as to obstruct free and clear vision or vehicular and pedestrian traffic, or at any location where it may interfere with, or be confused with, any authorized traffic sign, signal, or device. 5) All signs shall be kept in a safe, clean and tidy condition, or notice may be served by the County to the owner of the lot to perform the necessary repairs or remove the sign(s). The Development Authority may require the removal of any sign, at the sole expense of owner/developer, which is or has become unsightly or is in such a state of disrepair as to constitute a hazard. 6) No person shall place, erect or display a sign that: a) continues to display a sign which advertises a company that is no longer in business or a product or service that is no longer available; b) is not properly supported or secured to the ground or a permanent structure; c) interferes with any ventilation device, emergency exit, or fire hydrant or firefighting hose connection; d) obstructs any fire escape, exit, window, door opening, or any opening intended as a means of ingress or egress; e) interferes with any surface or underground facilities, conduits or lines of water, sewage, gas, electricity, or communication equipment; f) is attached to a road sign, with the exception of temporary signs posted by non-profit organizations to promote special events; g) consists of materials that reflect light or are of a brightness that creates a distraction or hazard to the operation of motor vehicles; h) interferes with the line of sight of motor vehicle users; or i) contravenes the County s Traffic Bylaw. August 2017 Page 164

173 C5.3 EXEMPTIONS FROM SIGN PROVISIONS 1) A development permit is not required for the following: a) signs displayed within a building; b) signs displayed in or on an operational vehicle, excluding Section C5.5(4)(l); c) signs displayed on door plates, door boards, or kick plates; d) construction lot identification signs; e) development information signs; f) private sale signs; g) a-board signs erected by non-profit organizations to promote a special event; h) statutory and official notices and functional advertisements of local authorities and public transport authorities; i) traffic and directional signs authorized by Council or a Provincial Authority; j) notices of identification in respect to the land or buildings on which they are displayed, and professional business and trade name plates relating to the occupants of the land or buildings on which they are displayed, provided that: i) each notice or name plate shall not exceed 0.2 m 2 (2.2 ft. 2 ) in area; and ii) there shall be a limit of one notice for each occupant or each firm or company represented within the building, at one entrance on each different road or provincial highway; k) notices relating to the sale, lease, or rental of the buildings or land to which they are attached, provided that: i) the notices shall not be illuminated; ii) each notice shall not exceed 0.5 m 2 (5.4 ft. 2 ) in area; and iii) there shall be a limit of one notice for each façade of the land or building that is adjacent to a public road or provincial highway; l) any sign, notice placard, flag, banner sign or bulletin pursuant to the provisions of a federal, provincial or municipal election; m) notices of land or buildings used for religious, educational, cultural, recreational, medical, or similar public or quasi-public purposes, provided that: i) each notice shall not exceed 1.0 m 2 (10.8 ft. 2 ) in area; and ii) there shall be a limit of one notice for each façade of the land or building that is adjacent to a public road or provincial highway; n) signs of building contractors relating to construction work in progress on the land on which signs are erected, provided that: i) such signs shall be removed within fourteen (14) days of occupancy; and ii) such signs shall be limited in size to a maximum of 3.0 m 2 (32.3 ft. 2 ) and in number to one (1) sign for each boundary of the property under construction which fronts onto a public road or Provincial Highway; o) temporary point of sale signs referring to sales which are displayed upon the premises upon or within which such sales will be or are being conducted, provided that: i) the signs shall not be illuminated and shall be constructed of paper, canvas, cardboard, or other light materials or painted on glass and intended to be displayed for a short period of time only; and ii) such signs shall not be erected more than seven (7) days before the commencement of the sale to which they refer, and shall be removed within eight (8) days of the completion of the said sale; p) flags; and August 2017 Page 165

174 q) the replacement of an existing sign with a new sign that is of similar size and configuration as the sign being replaced. C5.4 DEVELOPMENT PERMIT APPLICATIONS 1) In addition to the requirements of Section D1.4, an application for a development permit for a sign shall include: a) A letter of authorization from the registered owner of the property or the registered owner s authorized agent; b) the location of the sign by elevation drawing or site plan; c) all dimensions of the sign; d) the type of construction and finish to be utilized; e) the method of supporting or attaching the sign; f) the size of the letters or letter; g) the amount of projection from the face of the building; h) the amount of projection over municipal property; i) the height of the sign above the road, provincial highway, or sidewalk or the height above the average grade level at the face of the building; j) the manner of illumination for the sign and any form of animated or intermittent lights that may be embodied in its construction; k) the minimum distance that the sign will be erected from an intersection of a public road or provincial highway with another; and l) the minimum distance that the sign will be erected from any device for the control of traffic at such an intersection. C5.5 REGULATIONS BY SIGN TYPE 1) A-Board Signs a) A-board signs are permitted on a temporary basis within a public road right-of-way, and do not require a development permit if used to promote a special event by a non-profit organization. Such signs do, however, require approval under the County s special event permitting policy. b) An A-Board Sign shall i) not exceed 0.8 m 2 (8.6 ft. 2 ) sign area per side; ii) not exceed 1.2 m (4.0 ft.) in height; iii) when placed on a sidewalk, be placed along the curb on the outside edge of the sidewalk and shall allow a minimum of 1.0 m (3.3 ft.) width for pedestrian traffic; iv) only be allowed on sidewalks during the hours when the business is open to the public; and v) A-board signs are limited to one per business and are to be placed directly in front of the business subject to the requirement that an A-board sign maintain a minimum separation distance of 10.0 m (33.0 ft.) from any other A-board sign. b) A-board signs shall be constructed of a rigid material such that a rigid and stable frame is created. August 2017 Page 166

175 2) Awning and Canopy Signs a) awning or canopy signs may be allowed in all commercial and industrial districts. b) the awning or canopy sign shall have a clearance of not less than 2.5 m (8.0 ft.) between the lowest point of the canopy or awning and the sidewalk or grade. c) In commercial districts, where the front portion of the building extends out to the front lot line, the canopy or awning sign shall not project more than 2.0 m (6.6 ft.) over the sidewalk. d) Notwithstanding clauses (b) and (c), no canopy or awning sign shall be permitted where, in the opinion of the Development Authority, the canopy or awning obstructs the free movement or access of pedestrians or vehicles, or repairs to overhead utility lines. 3) Banner Signs a) banner signs may be allowed provided that: i) no more than one (1) banner sign per business premise be displayed at any one time; and, ii) the sign not be located at a premise for more than sixty (60) consecutive days, and that the premise remain free of a banner sign for thirty (30) consecutive days thereafter. b) If attached to the exterior wall of a building, a banner sign shall: i) have a maximum sign area equal to 25% of the surface area of the wall on which it is located; and, ii) not extend either in whole, or in part, above the exterior wall. c) If not attached to the exterior wall of a building, a banner sign shall have a minimum distance between grade and the bottom of the banner sign of 6.0 m (20.0 ft.). d) A special event banner sign proposed to cross a public road may be authorized by the Development Authority provided the sign is located a minimum of 6.5 m (21 ft.) above the public road. 4) Billboard Signs a) billboard signs may be allowed in the AG, HC, RC, GI, LI, HI and UR Districts. b) the design, character, location, and construction of a billboard sign shall be to the satisfaction of the Development Authority, with consideration of the following: i) compatibility with the general architectural lines and forms of nearby buildings and the character of the streetscape or area within which it is to be located; and ii) the restriction of natural light to the surrounding buildings. August 2017 Page 167

176 c) wall-mounted billboard signs shall not extend vertically above either the roofline for flatroofed buildings, or the eave line for all other buildings. d) the billboard sign shall be positioned so that it does not severely obstruct the horizon line when it is viewed from vehicular traffic traveling past it from any direction. e) a billboard sign shall not project over public property or be placed on a road right-of-way. f) a billboard sign shall have only indirect lighting, which excludes flashing or animated lighting. g) the face of the billboard sign shall not exceed a vertical dimension of 5.0 m (17.0 ft.) or a horizontal dimension of 10.0 m (33.0 ft.). h) a billboard sign shall not be located within a minimum distance of m (495.0 ft.) from any other billboard on the same side of a road. Where a billboard sign is located on a corner or double fronting lot, each frontage may have a billboard sign provided that the signs are no less than m (495.0 ft.) apart. i) a billboard sign shall not project within 5.0 m (17.0 ft.) of a lot line. j) no part of any billboard Sign that is highway-oriented and within m (660.0 ft.) of the edge of the pavement shall be installed more than 7.6 m (25.0 ft.) above the grade of the provincial highway or 15.0 m (49.2 ft.) above the grade of the site of the sign, whichever is the lower. k) billboards signs shall be limited to i) the advertising of facilities and activities located within the County, or within a 50.0 km (31.0 mi) radius of the County. l) the provisions of subsection (4) apply to billboard signs that are affixed to semi-trailer trucks that are located on a lot for advertising purposes. 5) Digital Copy a) freestanding signs, multi-tenant signs and billboard signs may incorporate digital copy into any or all of the allowable copy area as prescribed by this Bylaw. b) any sign containing digital copy shall: i) be designed and placed such that they do not face or project into any residential area; ii) be equipped with automatic light level control devices and ambient light monitors to ensure that evening brightness levels do not exceed 0.09 m (0.3 ft.) candles above ambient light conditions and that evening brightness levels do not exceed 400 nits; iii) display only static images of no less than six seconds duration each; iv) present no flashing or transitional effects between the display of static images; and. v) must be served by an underground power supply. 6) Election Signs a) an election sign is a permitted use in all Land Use Districts. b) all election signs shall comply with the requirements of any relevant federal or provincial legislation, and any relevant municipal bylaws. c) election signs shall be displayed or placed no earlier than: i) six (6) weeks prior to election day for municipal or school board elections; or ii) the date that a provincial or federal election is called. d) election signs shall be removed within seven (7) days after the election to which they refer. August 2017 Page 168

177 e) elections signs to be located on County property are only permitted on property designated by Council. f) election signs shall not be displayed or placed: i) on public roads, including shoulders and medians; ii) at any location that affects the safe and orderly movement of vehicles and pedestrians, or restricts sight lines for pedestrians or drivers; iii) within 30.0 m (98.4 ft.) of a signalized intersection, or within 15.0 m (49.2 ft.) of an unsignalized intersection; iv) on any traffic control device; v) on any physical road infrastructure including bridges, guardrails, retaining walls, concrete barriers, fire hydrants, or light poles; or vi) within a playground zone. 7) Fascia Signs a) fascia signs shall only be allowed in commercial and industrial districts. b) all fascia signs shall be erected so that they: i) do not project more than 0.5 m (1.5 ft.) above the highest point of the vertical face of the wall to which they are attached; ii) do not exceed in area the equivalent of 25% of the superficial area of the wall comprising the business frontage; and iii) does not extend more than 0.3 m (1.0 ft.) perpendicularly from the supporting wall. 8) Freestanding Signs a) one (1) freestanding sign may be allowed on a residential lot to identify the name of an apartment, a multi-unit development, a mobile home park, a neighbourhood park, or a subdivision, provided that it does not: i) exceed 2.0 m 2 (21.5 ft. 2 ) in area; ii) project within 0.6 m (2.0 ft.) of a lot line; and iii) exceed 3.5 m (12.0 ft.) in height. b) within all other land use districts, one (1) freestanding sign may be allowed per lot as follows: i) no part of the sign, excluding that portion which is used for support and which is free of advertising, shall be less than 3.0 m (10.0 ft.) nor more than 9.0 m (30.0 ft.) above ground or sidewalk grade. ii) no part of any freestanding sign that is highway-oriented and within m (660.0 ft.) of the edge of the pavement shall be more than 9.0 m (29.5 ft.) above the grade of the provincial highway or 15.0 m August 2017 Page 169

178 (49.2 ft.) above the grade of the lot of the sign, whichever is the lower. iii) the area of the freestanding sign shall not exceed the ratio of 1.0 m 2 (10.8 ft. 2 ) for each 5.0 linear metres (16.0 linear feet) of business frontage to a maximum of 10.0 m 2 (108.0 ft. 2 ) with the area of the sign being computed exclusive of the pylon or support provided that it is free of advertising. iv) no part of the sign shall project beyond the lot line. 9) Inflatable Signs a) inflatable signs shall be: i) secured to the ground by a series of tethers and anchors; ii) located a minimum of 10.0 m (33.0 ft.) away from utility lines and road rights-of-way; and iii) located no higher than 10.0 m (33.0 ft.) above grade. 10) Murals a) A mural, not to be used to advertise the business within the building upon which the mural is painted or any other business, may encompass 100% of the wall to which it is painted provided that the mural complies with Section C ) Portable Signs a) portable signs shall not be allowed in a residential district. b) the Development Authority may grant one permit per lot for a portable sign to a person announcing a special event, sale, relocation of a business, new business, or the future proposed development of a building or structure, or other function. c) only one portable sign permit per lot may be granted to a person in a calendar year. d) a permit for a portable sign granted under subsection (b) shall specify the period of time during which the portable sign is permitted to be exhibited but shall not exceed: i) sixty (60) days from the date the permit is issued; or ii) two (2) days after the event occurs, whichever is the shorter period. e) no person shall: i) locate a portable sign so that it causes a traffic hazard, or conflicts with parking, loading, or walkway areas; ii) locate a portable sign within 6.1 m (20.0 ft.) of the curb of a through lot or corner lot unless otherwise allowed by the Development Authority; iii) locate a portable sign within a road right-of-way or on public property unless consent is received from the County; iv) erect or place on a lot a portable sign if it has a flashing device, animator, or flashing beacon attached to or operating in connection with it; or v) exhibit a portable sign that is higher than 2.5 m (8.0 ft.) above grade. f) the maximum sign area of one side of a portable sign shall be 5.0 m 2 (54.0 ft. 2 ). h) all portable signs shall display, in a manner acceptable to the County, the name and telephone number of the sign contractor or owner, and shall display a validation tag issued by the County. This information shall be displayed on a visible location on the portable sign. August 2017 Page 170

179 12) Projecting Signs a) projecting signs shall only be allowed in commercial and industrial districts. b) all projecting signs shall be erected so that: i) no part of the sign, excluding that portion which is used for support and which is free of advertising, shall be less than 3.0 m (10.0 ft.) above the ground or sidewalk grade; ii) no part of the sign shall project more than 0.5 m (2.0 ft.) above the top of the vertical face of the wall to which it is attached; iii) the space between the sign and supporting structure shall not be more than 0.5 m (2.0 ft.); iv) there shall be only one projecting sign for each business frontage, provided that, if a business frontage shall exceed 15.0 m (50.0 ft.), a further projecting sign shall be permitted for each additional 15.0 m (50.0 ft.) or portion thereof; v) the permitted area of the sign shall be related to the amount of projection from the face of the building, as follows: amount of projection: 2.0 m (6.5 ft.) 1.5 m (5.0 ft.) 1.0 m (3 ft.) or less maximum area of sign: 3.5 m 2 (37.7 ft. 2 ) 4.5 m 2 (48.4 ft. 2 ) 6.5 m 2 (70.0 ft. 2 ) vi) support shall not be provided by an "A" frame. 13) Roof Signs a) roof signs shall be considered as fascia signs, and conform to the regulations of section C5.5(7), provided that: i) the sign shall be attached to the front edge of the roof; ii) no additional supporting wires or stays shall be attached to the roof; and iii) no portion of a sign shall project more than 0.5 m (2.0 ft.) above the roof. 14) Special Events a) special event signage must adhere to guidelines set out in the County s special event permitting policy. 15) Subdivision Entrance Feature Signs a) subdivision entrance feature signs shall be located and constructed in accordance with the GMSS. C5.6 ENFORCEMENT 1) Where any portion of a sign is placed on public property contrary to any provision of this Bylaw, the County may remove, impound, or otherwise cause the sign to be removed at the expense of the sign owner. In the event a sign is impounded, all impound fees shall be the responsibility of the sign owner. August 2017 Page 171

180 2) Notwithstanding subsection (1), the enforcement provisions contained in Section D5 may be applied to offending signs. August 2017 Page 172

181 PART 4 DEVELOPMENT PROCESS D1 DEVELOPMENT PERMITS D1.1 DUTIES AND RESPONSIBILITIES 1) The Development Officer shall: a) receive and process all applications for development permits; b) keep and maintain for inspection of the public during office hours, a copy of this Bylaw and all amendments thereto, and ensure that copies are available to the public at a reasonable charge; c) keep a permanent register of all applications for development, including the decisions thereon and the reasons therefore; d) consider and issue decisions on development permit applications for permitted uses; e) refer applications for development permits to the Municipal Planning Commission for a decision for: i) permitted uses where the development proposed involves a variance from the requirements of this Bylaw in excess of 25%; ii) work camps other than those stated in 1(e)(ii); f) refer applications for development permits within a Direct Control District to Council for a decision; and g) send a letter to the applicant indicating that their application is deemed complete. 2) The Development Officer may: a) refer development permit applications to the Municipal Planning Commission for those uses listed as Permitted Uses which the Development Officer wishes to refer to the Municipal Planning Commission; and b) refer any other planning or development matter to the Municipal Planning Commission for its review, support or advice. 3) The Municipal Planning Commission shall: a) issue decisions for development permit applications for discretionary uses; b) issue decisions for permitted uses which the Development Officer refers to it, including development applications that propose a variance from the requirements of this Bylaw in excess of 25%; c) work camps other than those stated in 1(e)(ii); and d) consider any other planning or development matter referred by the Development Officer. D1.2 DEVELOPMENT PERMITS REQUIRED 1) No person shall commence or cause or allow to be commenced, or carry on, or cause to allow to be carried on, any development unless a development permit has been issued pursuant to the provisions of this Bylaw. 2) Except as provided for in Section D1.3, no person shall commence development unless they have been issued a development permit in respect thereof. August 2017 Page 173

182 D1.3 WHEN A DEVELOPMENT PERMIT IS NOT REQUIRED 1) A development permit is not required for the following developments provided that they conform to the provisions of this Bylaw: a) Accessory Uses i) construction or installation of an accessory building that is no larger than 10.0 m 2 (108.0 ft. 2 ) nor 2.4 m (8.0 ft.) tall; ii) satellite dishes; iii) unenclosed private swimming pools, provided they comply with the requirements of Section C2.2(11); iv) an accessory building for an active farming operation in the Agricultural District (AG) that is to be used exclusively for agricultural purposes including, but not limited to, hay sheds, open face livestock shelters, wood storage, grain bins, silos, structures required for the confinement of livestock and other operations requisite for the continued use of that land for agricultural purposes; v) temporary fabric structures that are designed to shelter passenger vehicles from the elements; and vi) temporary fabric structures erected for special events. b) the construction of fences, walls, or other means of yard enclosure that is 2.0 m (6.6 ft.) or less in the side and rear yard and 1.0 m (3.3 ft.) or less in the front yard; c) portable sawmills; d) landscaping, stripping, site grading, and excavating that is required for a development for which a development permit has been issued; e) the parking or storage, or both, of any uninhabited recreational vehicle in a residential district subject to Section C2.21; f) the carrying out of works of maintenance or repair to any building, provided that such works do not include structural alterations or a change in use; g) a temporary building, the sole purpose of which is incidental to the erection or alteration of a permanent building, for which a development permit has been issued under this bylaw. The temporary building shall be removed from the lot within thirty (30) days of substantial completion of the permanent building; and h) the maintenance and repair of public works, services, and utilities carried out by or on behalf of federal, provincial, or municipal public authorities on land which is publicly owned or controlled or zoned for such use; i) trappers cabin on a registered trap line; j) the completion and use of a building which was lawfully under construction at the date of the approval of this bylaw, provided that i) the building is completed in accordance with the terms of any permit granted in respect of it and subject to the conditions of the permit, and ii) the building is completed within a period of twelve (12) months from the said date of the said approval; k) utility connections and maintenance, including television, telephone, electrical, or heating installation work to a building, provided that the use or intensity of use does not change; l) the erection of an uncovered deck which has a height of less than 0.6 m (2.0 ft.) above grade, and which is accessory to a residential structure, or the replacement of a deck using the existing footprint; m) the construction of a private driveway on a lot; n) subdivision entrance feature signs where identified in a development agreement as part of the approval of a subdivision application; August 2017 Page 174

183 o) the demolition or removal of any building or structure, the erection of which would not require a development permit, pursuant to subsections (a) through (q) above, both inclusive; p) the occupancy by a permitted use of a vacant space in an existing or approved commercial or industrial building, unless the new use results in an increase in parking requirements; q) extensive agriculture in the Agricultural District (AG); r) for a communication tower that requires a federal approval. In these cases, the applicant shall submit documentation to the County that all requirements respecting public consultation have been met. s) hot tubs; t) above ground pools; u) mobile food service unit (ie. food truck); v) temporary government services during municipal, provincial, and federal elections; w) temporary retail sales which may include Christmas tree sales, food sales, plant sales and miscellaneous items; x) play equipment; y) all that is listed under Section 618 of the Municipal Government Act (MGA). D1.4 DEVELOPMENT PERMIT APPLICATIONS 1) An application for a development permit shall be made to the County using the prescribed form and shall include: a) the signature of the registered owner(s) or an agent authorized by the registered owner(s) to make the application; b) a statement specifying the nature of the development proposed for the lot; c) a lot plan prepared in accordance with subsection (2); d) water and sanitary servicing for the proposed development; e) floor plans, elevation drawings, and cross-sections of any proposed building(s), as may be required by the Development Officer; f) a summary of existing development on the lot; g) a statement specifying any variances that may be required pursuant to Section D1.6; h) the estimated cost of the project; i) the estimated commencement and completion dates of the proposed development; and j) be accompanied by an application fee as established by Council. 2) Lot plan The applicant may be required to submit in hard copy or in digital form, one (1) copy of a lot plan at a scale satisfactory to the County, showing the following: a) north arrow; b) proposed front, side, and rear yard setbacks for all new structures; c) legal description of the lot and adjacent lots (by lot, block, and registered plan number), roads, rights-of-way, easements, known floodplains, top of bank, and watercourses within or abutting the lot; d) location of existing and proposed municipal and private local improvements, principal building and other structures including accessory buildings, garages, carports, fences, driveways, paved areas, and major landscaped areas including buffering and screening areas where provided; e) the grades of the adjacent streets, lanes, and sewers servicing the property, where available; f) lot grading plans illustrating the proposed lot drainage and surface elevations of all new August 2017 Page 175

184 buildings; and g) setbacks for existing and proposed development from areas of steep slope, top of bank from any watercourse, or identified high water mark of any watercourse. 3) In addition to the requirements of subsections (1) and (2), an application for development of row housing or apartment housing shall include: a) design plans and working drawings, including elevations; and b) lot plans showing the proposed: i) location and position of structures on the lot, including any signs; ii) location and number of parking spaces, exits, entries, and drives; iii) location of an access to garbage storage areas; and iv) a landscaping plan of the entire lot which shall also show intended fencing and surfacing for drives and parking areas. 4) In addition to the requirements of subsections (1) and (2), an application for industrial development may include: a) the location of the proposed development; b) the type of industry proposed; c) the size of all buildings; d) number of employees; e) estimated water demand and anticipated source; f) the type of effluent to be generated and method of treatment to be employed; g) transportation routes to be used (rail and road); h) the rationale for the proposed location; and i) any accessory works required (e.g. pipelines, railway spurs). 5) Supplementary reports In addition to the requirements outlined in subsections (1) through (4), the applicant may be required to provide the following information in support of an application: a) a geotechnical and/or flood plain study prepared by a qualified engineer recognized by APEGA, if a proposed development is located adjacent to the top of bank of a water body, a potentially unstable slope, or is known to be flood-prone in accordance with Section C1.16; b) a biophysical assessment prepared by a qualified professional registered in the province of Alberta, if a proposed development is located on or adjacent to a lot that is identified in the provincial government s or County s Wetland Inventory, or for any multi-lot subdivision or major development located within or in close proximity to an area or lot that is determined by the Development Authority to be an environmentally significant area; c) a hydrogeological report prepared by a qualified engineer recognized by APEGA, to determine the potential impacts of development on area watersheds and groundwater aquifers; d) a reclamation plan for aggregate extraction or lot grading and excavation; e) a level one and/or level two environmental lot assessment, conducted in accordance with Canadian Standards Association (CSA) guidelines, to determine potential contamination and mitigation of a lot; f) an environmental impact assessment for a development that is deemed to generate potentially significant off-site environmental effects, or is located on lands affected by the environmentally significant area protection overlay; g) a Traffic Impact Assessment (TIA), prepared by a qualified engineer recognized by APEGA, if a proposed development: August 2017 Page 176

185 i) is located adjacent to an intersection with a Provincial Highway; ii) generates in excess of 100 vehicle trips per hour during the AM or PM peak hour; iii) is located on a lot with existing traffic issues such as sightline, road geometry, or operational concerns; iv) does not conform to a TIA previously approved for the lot, or v) is a major campground or a major development; h) a landscaping plan for the lot when required under Section C4; i) a Stormwater Management Plan, prepared by a qualified engineer recognized by APEGA, in accordance with the GMSS, for any commercial, industrial, or multi-unit residential development; j) a Risk Management Plan for any heavy industrial development, or any other industrial use in which dangerous goods are produced, processed, handled, stored or disposed of on-site; k) a parking study, prepared by a qualified engineer recognized by APEGA, if a proposed development proposes a reduction in parking requirements in accordance with Section C3. 6) When required by the Development Officer, a letter from the registered owner authorizing the right of entry by the Development Authority to such lands or buildings as may be required for investigation of the proposed development. 7) Permit applications on Crown Land shall not be issued until the associated leases are approved by the Province. 8) Incomplete applications a) When, in the opinion of the Development Officer, an application does not include the information required under subsections (1) through (5) or is of insufficient quality to properly evaluate the application, it shall be deemed as incomplete. The application shall be processed once the missing information is provided by the applicant. b) In the event an application is deemed to be incomplete in accordance with (a), the Development Officer shall notify the applicant of the nature of the deficiency within seven (7) business days of receipt of the application. c) Notwithstanding (a), the Development Officer may process an application without all of the information required if, in the opinion of the Development Officer, a decision can be properly made on an application without such information being provided. D1.5 DECISIONS 1) In making a decision on a development permit for a permitted use the Development Authority: a) shall approve, with or without conditions, the application if the proposed development complies with this Bylaw; or b) shall refuse the application if the proposed development does not conform to this Bylaw. 2) In making a decision on a development permit for a discretionary use the Development Authority: a) may approve the application if it meets the requirements of this Bylaw, with or without conditions, based on the merits of the application; or b) may refuse the application even though it meets the requirements of this Bylaw; or c) shall refuse the application if the proposed development does not conform to this Bylaw. 3) The Development Authority shall refuse a development permit for a use that is not listed as a permitted use or discretionary use in the district in which the proposed development is located. August 2017 Page 177

186 4) Notwithstanding subsection (3), in the case where a proposed use of land or a building is not listed as a permitted use or discretionary use in this Bylaw, the Development Authority may determine that such a use is similar in character and purpose to a permitted use or discretionary use prescribed for that land use district and may allow the development as a discretionary use. 5) Notwithstanding any requirements of this Bylaw, the Development Authority may establish a more stringent standard for a discretionary use when the Development Authority deems it necessary to do so. 6) The Development Authority shall consider and decide on an application for a development permit within forty (40) days in its complete and final form. An application shall, at the option of the applicant, be deemed to be refused when a decision is not made by the Development Authority within forty (40) days after receipt of the completed application unless an agreement to extend the forty (40) day period is established between the applicant(s) and the Development Authority. In the absence of a time extension, an appeal may be filed by the applicant pursuant to Section D3. 7) When an application is refused, the decision shall outline the specific reasons for the refusal, the time periods within which an appeal can be made, and to whom the applicant can make the appeal, if so desired. 8) Where a proposed development involves the subdivision of land, no development permit shall be issued until the subdivision has been registered with Alberta Land Titles. D1.6 VARIANCE AUTHORITY 1) Notwithstanding Sections D1.5(1)(b) and D5.1(2)(c), the Development Authority may approve an application for a development permit for a permitted use or a discretionary use, but that does not otherwise comply with this Bylaw if, in the opinion of the Development Authority: a) the proposed development would not: i) unduly interfere with the amenities of the neighbourhood; or ii) materially interfere with or affect the use, enjoyment or value of neighbouring properties, and b) the proposed development conforms with the use prescribed for that land or building in this Bylaw. 2) Variances approved by the Development Officer shall not exceed 25%, and shall be limited to setback distances, building height, lot size, and lot coverage. Any variance that exceeds these limits shall be referred to the Municipal Planning Commission for a decision. 3) The Municipal Planning Commission may grant a variance to any regulation or requirement of this Bylaw. 4) In addition to the considerations provided under subsection (1), a variance may only be granted if, in the opinion of the Development Authority approval of the proposed variance: a) is consistent with the purpose and intent of the Municipal Development Plan and any other applicable statutory plan; b) maintains the purpose and intent of the applicable district and this Bylaw; c) is desirable for the appropriate and orderly development of the use of the land; August 2017 Page 178

187 d) is appropriate given geotechnical considerations such as flooding and slope stability; e) includes factors unique to the development, use and lot which are not generally common to other development and land in the same district and which would result in unnecessary hardship or practical difficulties for the proposed development to comply with the provisions of this Bylaw; f) will not cause negative impacts on community services such as schools, parks, fire protection, and health; g) respects municipal land, right-of-way, or easement requirements; h) can be designed to mitigate impacts on adjacent lots; and i) is required to accommodate new development that is to be located on a pre-existing lot that does not meet the minimum lot area requirements of the subject land use district. 5) All requests for a variance shall be accompanied by a statement from the applicant stating the reasons for the proposed variance, outlining the applicable criteria in subsection (4), and the nature of the hardship incurred if the variance is not granted. 6) If a variance is granted pursuant to this section, the Development Authority shall specify its nature in the development permit approval. D1.7 DEVELOPMENT PERMIT VALIDITY 1) When an application for a development permit has been approved, the development permit shall not be valid and come into effect unless and until: a) any conditions of approval, except those of a continuing nature, have been fulfilled; and b) the time for filing a notice of appeal to the Subdivision and Development Appeal Board as specified in Section D3.1(5) has passed. Any development proceeded with by the applicant prior to a development permit coming into effect is done solely at the risk of the applicant. For the purposes of this section, in the case of a development permit issued for a permitted use that proposes a variance, the development permit shall not be valid until fourteen (14) days have passed from the date when the notice is published in the newspaper pursuant to section D1.10(2). 2) In cases where an appeal has been served on the Subdivision and Development Appeal Board, the permit shall not be valid and come into effect until a decision is rendered by the Board and a permit issued in accordance with Section D3.2. 3) If the Subdivision and Appeal Board is served with notice of an application for leave to appeal its decision with respect to a development permit, such notice shall serve to suspend the development permit. The final determination of the leave to appeal shall serve to validate, amend, or revoke, as the case may be, the suspended development permit. 4) When an application for a development permit has been refused pursuant to this Bylaw or after appeal, the submission of another application for a permit on the same property and for the same or similar use by the same or any other applicant shall not be accepted by the Development Officer: a) within six (6) months after the date of the refusal by the Development Officer; b) within six (6) months of the date of a written decision of the Subdivision and Development Appeal Board on a previous application, if the previous application was appealed to, and subsequently refused by, the Subdivision and Development Appeal Board; or August 2017 Page 179

188 c) within six (6) months of the date of a written decision of the Alberta Court of Appeal on the previous application if the application has been appealed to the Alberta Court of Appeal; or d) during the time prior to the decision of the Subdivision and Development Appeal Board or the Alberta Court of Appeal, if the application has been appealed to the Subdivision and Development Appeal Board or the Alberta Court of Appeal. 5) Notwithstanding subsection (4), the Development Officer shall accept a development permit application for a permitted use that complies with the Bylaw in all respects. D1.8 COMMUNITY ENGAGEMENT PRACTICES 1) The Development Authority may refer for comment any development permit application to any external agency, neighbouring municipality, adjacent landowner(s), or persons as deemed necessary. 2) Notwithstanding subsection (1), the Development Authority shall refer development permit applications to: a) the Provincial Authority for the development of permanent overnight accommodation or public facilities on lands where any portion of the land that is subject to the application is within m (1.5 km) of a sour gas facility; b) the Provincial Authority for any development proposed i) within m (0.3 km) of the right-of-way of a Provincial Highway, or ii) within m (0.8 km) of an intersection with a Provincial Highway; c) all County departments and the County Fire Chief in all cases; and, d) comply to Table D1.1 requirements for referral of development permit applications: Table D1.1: Minimum Public Consultation Requirements for Development Permits. Type of Application Major Projects Discretionary Use Specialized Development Form of Public Consultation Public Meeting Public Engagement to solicit property owner or stakeholder input Circulation of application to properties before decision Neighbouring Properties Consultation Purpose Consult public input input/feedback on issues/options from interest parties Obtain as much public input as possible prior to formulating a decision and/or recommendation on an application Obtain as much public input as possible prior to formulating a decision and/or recommendation on an application Inform neighbouring property owners and occupants of the proposed development Responsible Party Applicant Planning Department Planning Department Applicant Public Notification Inform public of development Planning August 2017 Page 180

189 of Decision permit decision, as per the Municipal Government Act. Department 3) Having received a reply on a matter referred under this section, the Development Authority shall make a decision giving due consideration to the recommendations and comments received. If comments not received within fourteen (14) days of the date of the referral, the Development Authority may make a decision in the absence of comments being received. 4) Pursuant to subsection (4), the Development Authority may consider but shall not be bound by the comments it receives from any referral with the exception of input that may be mandated by federal and provincial legislation with which it must comply. 5) For an application for a major development, the applicant shall be required to conduct a public meeting to solicit landowner input to the proposed development, and provide proof to the Development Authority that such consultation was carried out. D1.9 DEVELOPMENT PERMIT CONDITIONS 1) The Development Authority may impose such conditions on approvals as, in their opinion, are necessary: a) to uphold the intent and objectives of any statutory plan as well as the applicable land use district; or b) to ensure the orderly development of land including but not limited to i) landscaping requirements; ii) noise abatement; iii) the location, appearance and character of buildings; iv) compatibility with surrounding land uses. 2) As a condition of development permit approval, the County may require that the applicant enter into an agreement to: a) construct or pay for the construction of roads, pedestrian walkways, or parking areas which serve the development or which connect the walkway with another walkway system that serves or is proposed to serve an adjacent development; b) specify the location and number of vehicular and pedestrian access points to the development from roads; c) install or pay for the installation of public utilities other than telecommunications systems or works; d) construct or pay for the construction of off-street or other parking facilities, and loading and unloading facilities; e) pay an off-site levy; f) to repair or reinstate, or to pay for the repair or reinstatement of, to original condition, any road furniture, curbing, sidewalk, boulevard landscaping, and tree planting which may be damaged, destroyed, or otherwise harmed by development or building operations on the lot; and/or g) give security to ensure that the terms of the agreement noted herein are carried out. August 2017 Page 181

190 3) When an agreement is to be entered into between the County and the applicant pursuant to subsection (2), the applicant may be required to pay to the County upon execution of the agreement, a fee as determined by Council. 4) The Development Authority may require any agreement entered into pursuant to subsection (2) to be registered against the title of the lot that is the subject of the development, and must be discharged when the requirements of the agreement have been fulfilled. 5) In the absence of an agreement under subsection (2), the Subdivision Authority or the Development Authority may require as a condition of approval that a refundable security be provided to ensure: a) completion of the development in accordance with the conditions of the approval and/or b) to cover the cost of repairing local improvements which may be damaged during the process of development. D1.10 NOTICE OF DECISION 1) When a development permit application for a permitted use is approved, with or without conditions, a notice of decision shall, within five (5) business days, be sent by ordinary mail to the applicant and the registered owner(s). 2) When an application for a development permit for a permitted use that proposes a variance, or a discretionary use is approved, the notice of decision shall be published in a newspaper circulating in the County, indicating the legal description, municipal address, the nature of the approved development, whether a variance has been issued, and the right of appeal. As a courtesy, a copy of the notice shall be sent, by regular mail, to all owners of land, located adjacent to, or wholly or partially within a distance of 60.0 m (197.0 ft.) of the lot lines of the lot that is the subject of the development permit. 3) In the case of an application for a work camp or major campground, the Development Officer may send a copy of the notice by regular mail to all owners of land, located adjacent to, or wholly or partially within a distance of m (1.0 km) of the lot lines of the lot on which the work camp or major campground is proposed to be located. 4) For the purpose of subsections (2)(b) and (3), the referral distance shall be measured from the respective lot lines. 5) When an application for a development permit is refused, a notice of decision shall, within five (5) business days, be delivered by ordinary mail to the applicant. 6) For the purpose of this section, the Notice of Decision shall include: a) a description of the proposed development; b) the legal description of the land that is the subject of the development; c) a statement summarizing the decision; and d) a description of the right of appeal, appeal timelines, and contact information for the August 2017 Page 182

191 Secretary of the Subdivision and Development Appeal Board. D1.11 DEVELOPMENT COMMENCEMENT AND COMPLETION 1) Development commencement a) If an approved development includes construction, and the construction that is authorized by a permit is not commenced within twelve (12) months of the date of its issue, the permit is deemed void, unless an extension to this period is granted by the Development Authority. b) Upon application prior to expiry, the Development Authority may grant one (1) extension of the effective period of a development permit for a period not exceeding twelve (12) months, provided the plans have not changed. If the plans for the proposed lot are changed, a new permit application shall be submitted. c) If a development permit or time extension expires and the applicant wishes to proceed with the development, a new application shall be submitted. There shall be no obligation on the part of the Development Authority to approve a new application based on the previous approval. d) In cases where a use is discontinued for a period of six (6) consecutive months or more, any subsequent use of the land or building shall comply with this Bylaw and shall require a new development permit. 2) For the purpose of subsection (1), development commences when the lot is altered in furtherance of the development that was approved by the development permit. Without restricting the generality of the foregoing, development commences when excavation or lot preparation in anticipation of construction for the approved development permit occurs. The lot shall not be deemed to be altered by: a) fencing a lot where a development permit is not required for a fence; b) erecting signs, obtaining permits or conducting minor interior demolition; c) obtaining information in accordance with Section D1.4(5); and d) any development or construction that occurs without a building permit when a building permit is required. 3) Any construction that occurs as a result of a development permit approval shall be completed within two (2) years of the initial date of approval. 4) A new development permit application will be required where development is not completed within two (2) years of the initial date of approval. August 2017 Page 183

192 D2 SUBDIVISION D2.1 APPLICATIONS 1) A subdivision application shall include the following: a) a completed subdivision application form signed by the registered landowner(s), and/or authorized agent, corporation papers may be requested if the registered landowner is a company name; b) a tentative plan showing the proposed subdivision in detail; c) the application fee as established by Council; and d) a copy of the current certificate of title for the land that is the subject of the application, issued by a registry office no more than thirty (30) days prior to the date of application. 2) The tentative plan required under subsection (1)(b) shall: a) indicate the location, dimensions, and lot lines of the land to be subdivided; b) show the location, dimensions and boundaries of: i) each new lot to be created, including public utility lots, environmental reserve and municipal reserve; and ii) all required road and utility rights-of-way. c) show the location, and dimensions of any existing buildings on the land that is the subject of the application; e) show the location of any river, stream, watercourse, lake, or other body of water that is contained within the boundaries of the proposed parcel of land; f) describe the use(s) proposed for the land that is the subject of the application; g) identify the location of any existing or proposed wells, abandoned wells, the locations and type of any private sewage disposal systems, and the distance from these to existing or proposed buildings and property lines; and h) the existing and proposed access to the proposed parcels and the remainder of the titled area. 3) In addition to the information required under subsection (1), the County may also require the following: a) a topographic map of the land that is to be subdivided with contours of not greater than 1.5 m (5 ft.) intervals; b) if the proposed subdivision is not to be served by a water distribution system, a hydrogeological report prepared by a qualified engineer recognized by APEGA, respecting the provision, availability, and suitability of potable groundwater on or to the land to be subdivided, and to determine the potential impacts of development on area watersheds and groundwater aquifers; c) a geotechnical report as per Section D1.4(5)(a); d) a stormwater management plan as per Section D1.4(5)(i); e) if the land that is the subject of an application is located in a potential flood plain, a map showing the 1:100 year flood plain; f) if a proposed subdivision is not to be served by a wastewater collection system, information supported by the report of a qualified professional, registered in the province of Alberta, respecting the intended method of providing sewage disposal facilities to each lot in the proposed subdivision; g) information respecting the land use and land surface characteristics of land within 800 m (0.8 km) of the land proposed to be subdivided; August 2017 Page 184

193 h) if any portion of the parcel of land affected by the proposed subdivision is situated within 1500 m (1.5 km) of a sour gas facility, a map showing the location of the sour gas facility; i) a conceptual scheme that relates the application to future subdivision and development of adjacent areas; j) a land appraisal no older than thirty-five (35) days and prepared by a registered land appraiser in the Province of Alberta. 4) All proposed parcels being created shall not, in the opinion of the Subdivision Authority, prejudice the future efficient development of the remnant parcel. 5) Any Subdivision deemed to be incomplete shall be addressed in accordance with Section D1.4(8). 6) At the discretion of the Development Officer, the applicant may be required to conduct a community information meeting, at the applicant s expense, to discuss a proposed multi-lot subdivision. 7) Where a parcel of land is the subject of a subdivision application, no additional subdivision applications shall be considered for that same parcel until such time as the existing application is withdrawn or a decision is rendered and the file closed. 8) All proposed lots must have a proven building site based on the required setbacks from property lines, waste disposal facilities, oil and gas infrastructure, high voltage transmission lines, and natural features according to provincial legislation and County bylaws. D2.2 PROCESS 1) Upon receipt of a complete subdivision application, the Development Officer shall circulate a copy of the application to Government departments and other local authorities as required by the Regulation, and all landowners located wholly or partially within a distance of 60.0 m (198.0 ft.) of the lot lines of the lands to be subdivided. The accompanying notice shall also describe the nature of the application, the method of obtaining further information about the subdivision application, and the manner in which and time within which written submissions may be made to the Subdivision Authority. 2) The Subdivision Authority shall consider the comments of those persons to whom an application for subdivision approval is referred, but is not bound by them unless required by the Regulation. 3) The Subdivision Authority shall consider and decide on an application within the time frames provided in the Regulation and/or Act. An application shall, at the option of the applicant, be deemed to be refused when a decision is not made by the Subdivision Authority within the specified period unless an agreement to extend the period is established between the applicant(s) and the Subdivision Authority and/or the Development Officer. In the absence of a time extension, an appeal may be filed by the applicant pursuant to Section D3.1. August 2017 Page 185

194 4) A decision of a Subdivision Authority shall be provided in writing to the applicant and to the Government departments, persons, and local authorities to whom the Subdivision Authority is required by the Regulation, to give a copy of the application. Such notice shall be sent by regular mail within five (5) business days of the date of the decision. A decision of the Subdivision Authority must state whether an appeal lies to a Subdivision and Development Appeal Board or to the Municipal Government Board, and if an application for Subdivision approval is refused, the reasons for refusal. 5) Endorsement a) An applicant for Subdivision approval shall submit to the County the plan of subdivision or other instrument that effects the subdivision within one (1) year of either: i) the date of subdivision approval; ii) the date of an appeal board s decision; or iii) the date the judgment is entered, or the appeal is discontinued by the Court of Appeal. b) On being satisfied that a plan of subdivision or other instrument complies with the subdivision approval and that any conditions imposed have been met, the County shall endorse the plan or other instrument in accordance with the Regulation; c) Council may provide an extension to the applicant for subdivision in order to meet conditions of subdivision approval whether or not the time period has expired. The application timeline may vary from file to file; and d) If the plan of subdivision or other instrument is not submitted within the time prescribed or further authorized by a time extension, the subdivision approval is void. 6) Registration a) If the plan of subdivision or other instrument is not registered in a Land Titles Office within one (1) year after the date on which it is endorsed, the subdivision approval and the endorsement are void and the plan or instrument may not be accepted by a Registrar for registration. b) Council may provide a one (1) year time extension to the applicant for subdivision in order to register the plan or instrument whether or not the time period has expired. 7) When an application for subdivision approval has been refused pursuant to this Bylaw or after appeal, the submission of another application for a subdivision on the same property and for the same or similar use by the same or any other applicant shall not be accepted by the Development Officer for six (6) months after the date of the refusal. August 2017 Page 186

195 D3 APPEALS D3.1 APPEALING A DECISION 1) The applicant for a development permit, or person affected by a stop work order may appeal to the Subdivision and Development Appeal Board, if a Subdivision or Development Authority: a) refuses or fails to make a decision on a development permit within forty (40) days of receipt and acceptance of a completed application; b) refuses or fails to make a decision on a subdivision application within sixty (60) days of receipt and acceptance of a completed application; c) issues a development permit subject to conditions; or d) issues a stop work order pursuant to this Bylaw. 2) In addition to the applicant, any person affected by an order or decision made or issued by the Subdivision or Development Authority may appeal to the Subdivision and Development Appeal Board. 3) Notwithstanding subsection (1), no appeal may be made for a development permit if a decision is made by Council in a Direct Control District. 4) Notwithstanding subsection (2) the decision of a Subdivision Authority on an application for Subdivision may only be appealed by: a) the applicant; b) a government department, if the application is required by the Regulation, to be referred to that department; or c) a School Authority with respect to municipal reserve. 5) An appeal on a development permit shall be commenced by filing a notice of appeal with the Secretary of the Subdivision and Development Appeal Board within fourteen (14) days of the date when the notice is published in the newspaper pursuant to section D1.10(2). 6) A notice of appeal shall be accompanied by an appeal fee as established by Council. D3.2 THE APPEAL PROCESS 1) The Secretary of the Subdivision and Development Appeal Board shall ensure that notices of appeal are issued to all persons required to be notified under the provisions of the Subdivision and Development Appeal Board Bylaw and the Act. 2) If a notice of appeal is served on the Secretary of the Subdivision and Development Appeal Board, the permit or subdivision shall not be effective until: a) the decision to approve the development permit or subdivision is upheld by the Subdivision and Development Appeal Board; or b) the Secretary of the Subdivision and Development Appeal Board receives written notice from the appellant withdrawing the appeal. 3) In dealing with an appeal, the Subdivision and Development Appeal Board shall follow the August 2017 Page 187

196 process described in the Subdivision and Development Appeal Board Bylaw and the Act. 4) The Subdivision and Development Appeal Board shall hold an appeal hearing within thirty (30) days of receipt of a notice of appeal. 5) If a decision to approve a development permit or subdivision is reversed by the Subdivision and Development Appeal Board, the development permit or subdivision shall be null and void. 6) If a decision to refuse a development permit or subdivision is reversed or an approval is varied by the Subdivision and Development Appeal Board, the Board shall issue an approval in accordance with its decision. 7) When an application for a development permit has been approved by the Subdivision and Development Appeal Board, it shall not be valid until any conditions of approval, except those of a continuing nature, have been fulfilled. 8) The decision of the Subdivision and Development Appeal Board is binding except on a question of jurisdiction or law, in which case the matter may be appealed to the Court of Appeal as provided in the Act. D3.3 NOTICE OF APPEAL 1) When hearing a development appeal, the Secretary of the Subdivision and Development Appeal Board shall, at least seven (7) days prior to the hearing of an appeal: a) send by ordinary mail, or hand deliver, written notice of the hearing to the appellant, to the Development Authority or Subdivision Authority, and any other person that the Subdivision and Development Appeal Board considers to be affected by the appeal and should be notified; b) post a notice of appeal on the County s website; and c) publish a notice of appeal in a newspaper circulating in the County. 2) The notice required under subsection (1) shall state: a) the subject and nature of the appeal; b) the time, date, and location of the hearing; and c) any other matters the Subdivision and Development Appeal Board considers necessary. August 2017 Page 188

197 D4 AMENDING THE BYLAW D4.1 BYLAW AMENDMENTS 1) Council may, from time to time, amend the text, schedules, or land use district maps of this Bylaw on its own initiative, or at the request of an applicant. 2) All amendments to this Bylaw shall be approved by Council by bylaw and in conformance with the Act. D4.2 AMENDMENT APPLICATIONS 1) All applications for amendment shall be made to the County on the prescribed form and shall be accompanied by the following: i) an application fee; ii) if the amendment involves the rezoning of land to a different land use district, a copy of the certificate of title for the lands affected, issued by a registry office no more than thirty (30) days prior to the date of application, or other documents satisfactory to the Development Officer to verify that the applicant has a legal interest in the land for at least the period of time necessary to process the application to a final decision on the amendment; iii) a statement of the purpose and reasons for the proposed amendment; iv) a properly dimensioned map at an appropriate scale indicating the property to be amended, its relationship to existing land uses within a m (1.0 km) radius of the lot lines of the property, and any prominent geographic or natural features; v) any additional information the County may require, in order to prepare, evaluate, and make a recommendation concerning the proposed amendment. This may include an analysis by a qualified professional, registered in the province of Alberta, on the potential impact on land use, the environment, utility services, municipal facilities, and transportation networks if the amendment will result in an intensification of land use. 2) Prior to submitting an application for the rezoning of land to a different land use district, the Development Officer may require the applicant to conduct a public meeting to solicit landowner input to the proposed development. D4.3 THE AMENDMENT PROCESS 1) The County may refer an application for a proposed amendment to any municipal, provincial, or federal department, adjacent municipality, or other external agency for comment. 2) Upon receipt of an amendment application to rezone land to a different land use district, the Development Officer shall, in addition to the notification requirements of the Act, provide affected landowners an opportunity to provide comment by sending a written notice of the application by ordinary mail to: a) all owners of land, located adjacent to, or wholly or partially within a distance of 60.0 m (197.0 ft.) of the lot lines of the subject lot if the proposal is located within a hamlet; or b) if the proposal is to rezone land to a commercial or industrial land use district outside of a hamlet all owners of land located within a minimum distance of m (1.0 km) of the lot August 2017 Page 189

198 lines of the lot being rezoned. 3) For the purpose of subsection (2), the referral distance shall be measured from the respective lot lines. 4) Upon receipt of a complete amendment application, the Development Officer will complete an evaluation of the application, and prepare a report to Council outlining the amendment s compliance with all relevant statutory plans, potential land use impacts associated with the proposed amendment, a summary of landowner comments, and a recommendation to Council for consideration at the required public hearing. 5) After the date for a public hearing has been established by Council, a notice of the amendment application containing: a) the purpose of the proposed amendment; b) if the proposed amendment involves the rezoning of land to a different land use district, the legal description of the land that is the subject of the amendment; c) one (1) or more places where a copy of the proposed amendment may be inspected by the public during reasonable hours; and d) the date, time and location that Council will hold the public hearing on the proposed amendment; shall be published once a week for two (2) consecutive weeks in a newspaper circulating in the County, and shall be delivered by ordinary mail to those landowners referred to in subsection (2). 6) For amendment applications involving the rezoning of land to a different land use district, the Development Officer may require the applicant to conduct an open house to solicit landowner input to the proposed rezoning prior to the public hearing being convened. 7) Council, after considering any representations made at the public hearing, all policies from relevant statutory plans, any other relevant information and documents properly before Council, and reports and recommendations from the Development Officer may: a) approve the proposed amendment; b) approve the proposed amendment with modifications within the scope of the limitations of the Act; c) table the amendment subject to receiving further information; or d) refuse the proposed amendment. 8) When an application for an amendment respecting the rezoning of land has been refused, the submission of another application for an amendment on the same property and for the same or similar use by the same or any other applicant shall not be accepted by the County for six (6) months after the date of refusal. D4.4 COMMUNITY ENGAGEMENT PRACTICES FOR AMENDING THE BYLAW 1) In addition to the process outlined in section D4.3 the Development Officer shall be aware that at a minimum community engagement process will include the following referrals outlined in Table D1.2. August 2017 Page 190

199 Table D1.2: Minimum Public Consultation Requirements for Amending the Bylaw. Type of Application New Land Use Bylaw Rezoning Form of Public Consultation Public Hearing Public Engagement Public Notification of Application Open House follow-up after application submission Public Hearing Notification Purpose Inform public of formal hearing before Council, as per Municipal Government Act. Consult public input/feedback on issues/options from interested parties if required by the Development Authority. Inform public an application has been received and invite feedback. Inform public of proposed rezoning incorporating changes arising from public feedback in first public consultation. This second consultation may be waived by the County if no major issues were raised in the first Open House. Inform public of formal hearing before Council as per the Municipal Government Act. Responsible Party Legislative Services Applicant Planning Department Applicant Legislative Services/Planning Department August 2017 Page 191

200 D5 COMPLIANCE AND ENFORCEMENT D5.1 NON-CONFORMING BUILDINGS AND USES 1) Where a development permit has been issued prior to this Bylaw or any amendment to this Bylaw coming into effect, and the bylaw or amendment would result in the development authorized by the permit to be non-conforming, then the development permit continues to be in effect in spite of the new Bylaw coming into force. 2) Where a non-conforming use of land or building is discontinued for a period of six (6) consecutive months, any future use of the land or building must conform to the Bylaw in effect. 3) A non-conforming use may be extended throughout a building but the building may not be enlarged or added to and no structural alterations may be made to it or in it, whether or not the building is non-conforming. 4) A non-conforming use of part of a lot may not be extended to or transferred in whole or in part to any other part of the lot and no additional building may be constructed on the lot while the nonconforming use continues. 5) Non-conforming buildings may not be re-built except to make the building conform to the regulations included in this Bylaw in addition to compliance with the Alberta Building Code or to conduct routine maintenance of the building. 6) If a non-conforming building is damaged beyond seventy-five percent (75%) of the value of the building, the building may not be repaired or rebuilt except in accordance with this Bylaw. 7) The land use or the use of a building is not affected by a change of ownership or tenancy of the land or building. D5.2 COMPLIANCE CERTIFICATES 1) The registered owner or a person with legal or equitable interest in a property may apply for a compliance certificate or a statement respecting compliance for that property. A compliance certificate request shall be made to the Development Officer in writing, and shall include: a) a completed compliance certificate request form signed by all registered owners of the property in question; or b) a person with legal or equitable interest in a property shall provide a copy of the current certificate of title, issued by a registry office no more than thirty (30) days prior to the date of application, or a letter of authorization from the registered owner; c) an original real property report bearing an original signature and produced by an accredited Alberta Land Surveyor, dated no earlier than one (1) year prior to the date of submittal showing all distances of buildings on the lot from property lines, including distances in between buildings, shown in metres. The County reserves the right to refuse an incomplete, or August 2017 Page 192

201 illegible real property report; and d) a non-refundable application fee in accordance with a fee schedule as set from time to time by resolution of Council. 2) Within thirty (30) days of receiving a request, the Development Officer shall issue a compliance certificate if it is determined that all buildings on the property, as shown on the real property report, are in compliance with this Bylaw and all development permits previously issued on the subject property. 3) The County may issue a statement respecting compliance separate from the real property report, and based solely on the information contained within the County s records for the subject property. Such a statement will contain information and a statement that the development and/or use of the property in question may be in conformance with this Bylaw. 4) The Development Officer shall notify the owner, a person with legal or equitable interest, or the applicant if the subject property does not comply with this Bylaw, and the steps necessary to ensure compliance. 5) The Development Officer may refuse to issue a compliance certificate or statement respecting compliance when, in their opinion, there is insufficient information to determine if a building located on a lot is located in accordance with this Bylaw or the requirements of any development permit which may have been issued for the lot. D5.3 OFFENCES 1) No person shall contravene or permit a contravention of this Bylaw. 2) No person shall contravene a condition of a development permit or subdivision approval issued under this Bylaw. 3) No person shall authorize or undertake any development that is not compliant with the description, specifications or plans that were the basis for the issuance of the development permit or subdivision approval. 4) No person shall fail to follow the directions set out in a violation notice issued pursuant to Section D5.6 or a stop order issued pursuant to Section D5.7. 5) A person who contravenes or permits a contravention of this Bylaw is guilty of an offense and is liable upon summary conviction to a fine for a first offense and for each subsequent offense as specified in the Fees and Charges Bylaw. 6) A person who is suspected of contravening this bylaw may be required to supply a new Real Property Report to the County that is no older than thirty (30) days if requested by the August 2017 Page 193

202 Development Authority. D5.4 SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT 1) The Development Authority may suspend or cancel a permit in instances where: a) the permit was issued on the basis of incorrect information, misrepresentation, or omission of information by the applicant; b) the permit was issued in error; c) cancellation of the permit is requested by the applicant; or d) the applicant fails to comply with the conditions of the approval of a permit. 2) A person whose permit is suspended or cancelled may appeal the decision to the Subdivision and Development Appeal Board. 3) If the Development Authority suspends or cancels a development permit, the Development Authority must provide written notice of the suspension or cancellation to the applicant. 4) Upon receipt of the written notice of suspension or cancellation, the applicant must cease all development and activities to which the development permit relates. D5.5 RIGHT OF ENTRY 1) A Development Officer, Peace Officer or Development Compliance Officer is required to provide forty-eight (48) hours notice to the owner or occupant of a property, in accordance with the Act, prior to entering a property to determine if bylaw requirements are being met. 2) A Development Officer, Peace Officer or Development Compliance Officer may enter a property at reasonable times (generally interpreted to mean between the hours of 7:00 AM and 10:00 PM) to determine if bylaw requirements are being met. 3) A person shall not prevent or obstruct a Development Officer, Peace Officer or Development Compliance Officer from carrying out any official duty under this Bylaw. If consent to enter a property is not provided, the County may apply to the Court for an authorizing order. D5.6 VIOLATION NOTICE 1) Once a violation of this Bylaw has been found, the Development Officer, Peace Officer or the Development Compliance Officer may notify either the owner of the land, the building or the structure, the person in possession of the land, building or structure, the person responsible for the violation or any or all of them, of the contravention of this Bylaw, by: a) delivering a violation notice either in person or by ordinary mail: i) to the owner of the land, building or structure at the address listed on the tax roll for the land in question; or ii) to the owner of the sign, at a location where the owner carries on business; or August 2017 Page 194

203 b) in the case of temporary signs, verbal notification to the sign owner or by delivering a violation notice in person to the sign owner or by ordinary mail to an address where the sign owner carries on business. 2) A violation notice shall specify the nature of the violation, the corrective measures to be taken, and the deadline for the completion of the corrective measures. 3) The County is not required to issue a violation notice before commencing any other enforcement action under the Act, or this Bylaw, or at all. D5.7 STOP ORDERS 1) Upon determination that a development, land use, or use of a building is not in compliance with the Act, or its regulations, this Bylaw and its regulations, or a development permit approval, the Development Officer or Development Compliance Officer may issue an order directing the owner of the property, the person in possession of the land or building, or the person responsible for a contravention to: a) stop the development or use of the land or building in whole or part as directed by the order; b) demolish, remove, or replace the development; or c) carry out any other actions required by the order for compliance; and d) if remediation of the lot is necessary, require the owner of the property, the person in possession of the land or building, or the person responsible for the contravention to cover the costs of said remediation. 2) The order shall specify the deadline for compliance. 3) A person named in a stop order may appeal to the Subdivision and Development Appeal Board. 4) In accordance with the Act, if a person fails to comply with the order of a Development Officer, a Peace Officer, a Development Compliance Officer or the Subdivision and Development Appeal Board, a designated officer may enter on the land or building and take any action necessary to carry out the order. 5) The County may register a caveat against the certificate of title for the land that is subject to the order, provided that the caveat is discharged when the order s requirements have been fulfilled. 6) The County s costs of carrying out any actions required for compliance with an order may be added to the tax roll of the land subject to the order. D5.8 MUNICIPAL TAGS AND VIOLATION TICKETS 1) A Peace Officer is hereby authorized and empowered to issue a municipal tag to any person whom the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw. 2) A municipal tag shall be served to a person by either: August 2017 Page 195

204 a) leaving it with a person on the subject property who is at least eighteen (18) years of age; b) mailing a copy to the subject property by ordinary mail. 3) A municipal tag shall be in a form approved by the Chief Administrative Officer, and shall state: a) the name of the person to whom the municipal tag is issued; b) a description of the subject property upon which the offense has been committed, if applicable; c) a description of the offense and the applicable bylaw section; d) an appropriate penalty for the offense as specified in the Fees and Fines Schedule Bylaw, as amended; e) that the penalty shall be paid within thirty (30) days of the issuance of the municipal tag in order to avoid prosecution; and f) any other information as may be required by the Chief Administrative Officer. 4) Where a municipal tag has been issued, the person to whom the municipal tag has been issued may, in lieu of being prosecuted for the offense, pay to the County the penalty specified on the municipal tag. 5) If a municipal tag has been issued and the penalty specified on the municipal tag has not been paid within the prescribed time, a Peace Officer may issue a violation ticket to the person whom the municipal tag was issued. 6) Notwithstanding the above, a Peace Officer may immediately issue a violation ticket to any person whom the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw. 7) A Peace Officer is hereby authorized and empowered to issue a violation ticket pursuant to Part 2 of the Provincial Offenses Procedure Act to any person who the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw. 8) If a violation ticket is issued in respect of an offense, the violation ticket may: a) specify the fine amount established by this Bylaw for the offense; or b) require the person to appear in court without the alternative of making a voluntary payment. 9) A person who commits an offense may make a voluntary payment to a Clerk of the Provincial Court, on or before the initial appearance date indicated on the violation ticket, the specified penalty set out on the violation ticket if: a) a violation ticket is issued in respect of the offense; and b) the violation ticket specifies the fine amount established by this Bylaw for the offense. August 2017 Page 196

205 PART 5 DEFINITIONS E1 DEFINITIONS 1) The following words, terms and phrases included in this Bylaw shall have the meaning assigned to them as noted in this section. 2) All other words and expressions have the meanings assigned to them in the Municipal Government Act, Chapter M-26, RSA 2000, the Alberta Building Code, and the Municipal Development Plan, and any amendments thereto. 3) Examples listed in a definition are provided for purpose of illustration and are not intended to be exclusive or restrictive. 4) In this Bylaw, unless the context requires otherwise: ABATTOIR means the use of land or building in which animals are slaughtered and may include the packing, treating, storing and sale of the product. ABOVE GRADE means reference to a building that is constructed with the main floor located in excess of 1.8 m (6.0 ft.) higher than the average grade of a lot or site. ABUTTING means immediately contiguous to or physically touching, and when used with respect to a lot or site, means that the lot or site physically touches upon another lot, site or piece of land, and shares a lot line with it. Abutting ACCESSORY BUILDING means a permanent or temporary building which is, unless exempted in this Bylaw, subordinate to, exclusively devoted to, and located on the same lot as the principal building. Where a structure is attached to a principal building on a lot by a roof, an open or enclosed structure, a floor or foundation, or any structure below grade allowing access between the building and the structure, it is considered part of the principal building. For the purpose of this Bylaw, frame and fabric structures, quonsets and gazebos are considered to be accessory buildings. ACCESSORY USE means a permanent or temporary use which is subordinate to, exclusively devoted to, and located on the same lot as the principal use. ACT means the Municipal Government Act, Chapter M-26, RSA 2000 and any amendments thereto. ACTIVE FARMING OPERATION means the production and activities. relating or incidental to the production of crops, fruits, vegetables, ornamental and. flowering plants, August 2017 Page 197

206 dairy, livestock, poultry, and all other forms of agricultural products. ADJACENT refers to those lands that are next to the parcel of land that is subject to a development permit or subdivision application and includes lands that would be next to the subject parcel if not for a river, stream, railway, road, utility right-of-way, or reserve land. Adjacent ADULT ENTERTAINMENT FACILITY means: a) adult mini-theatres which are any premises wherein live performances, motion pictures, video tapes, digital video discs, slides or similar electronic photographic reproductions, the main feature of which is the nudity or partial nudity of any person, are performed or show as a principal use or an accessory to some other business activity which is conducted on the premises; b) erotic dance club which are any premises other than adult mini-theatres wherein live performances, the main feature of which is the nudity or partial nudity of any person, are performed as a principal use or an accessory to some other business activity which is conducted on the premises; c) adult video store which are businesses where the main feature of more than 50% of the inventory of the business is used to sell, rent, lease and/or loan X-rated adult video tapes, digital video discs or other similar electronic or photographic reproductions, the main feature of which are the depiction of sexual activities and the display of persons in states of nudity or partial nudity; d) love boutiques/shops which are retail or wholesales businesses where the main feature of more than 50% of the inventory of the business is used to which the principal activity is the display and sale of non-clothing merchandise and/or products intended to be used for sexual pleasure; e) massage service establishment (for adult use only) that is distinguished or characterized by its emphasis on sexually oriented materials or entertainment depicting and/or describing, conduct or acts of a secularly explicit nature. For example, to provide live entertainment for its patrons that includes the display of nudity. AGGREGATE EXTRACTION means the quarrying, primary processing, removal and offsite sale of raw materials including sand, gravel, clay, or forms of mineralized rock found on or under the lot, and includes such developments as quarries, sand pits and gravel pits, as well as associated lot preparation and reclamation, but does not include the processing of raw materials transported to the lot from elsewhere. AGRICULTURAL SERVICE FACILITY means a use which provides non-industrial, agriculturally-oriented services to the rural community. This shall include the retailing, servicing and/or repairing of agricultural implements and goods such as farm machinery dealers, and grain elevators. AGRICULTURE, EXTENSIVE means those agricultural operations producing crops or livestock which require tracts of land generally greater than 80.0 ac (32.0 ha) in size. AGRICULTURE, INTENSIVE means development for the confinement of livestock that because of size, density, length of confinement, or product may have an adverse impact on nearby uses. An intensive agriculture use is one that does not exceed the minimum August 2017 Page 198

207 size for a confined feeding operation as defined in the Agriculture Operations, Part 2 Matters Regulation (or successor regulations), and therefore does not require Natural Resource Conservation Board approval. Alternatively it may be an indoor facility that exceeds the prescribed size limits, but through special management and technology will reduce the level of impact to less than that of the minimum size for a confined feeding operation. This use includes the raising of fur-bearing animals, pheasants, or fish, the production of fruit, vegetables, trees, shrubs, and other specialty horticultural crops, the production of eggs, and the production of honey. AIRCRAFT SALES/RENTALS means development used for the sale, charter, or rental of aircraft together with incidental maintenance services, and the sale of parts and accessories. AIRPORT means a) any area of land or water, including the frozen surfaces thereof, or other supporting surface used or intended to be used either in whole or in part for the arrival and departure or servicing of aircraft or helicopters; and b) includes any building, installation, or equipment in connection therewith, for which an airport license has been issued by Transport Canada. AIRSTRIP means an area of land or water designed to accommodate the arrival or departure of aircraft for which an airport license is not required from Transport Canada. AMENITY AREA means an indoor or outdoor space provided for the active or passive recreation and enjoyment of the occupants of a residential or non-residential development, which may be for private or communal use and owned individually or in common. ANIMAL SERVICE FACILITY means development for the purposes of boarding, breeding, or training of animals, and includes retail sales of associated products. This may include such uses as boarding and breeding kennels, impound and quarantine facilities, and animal shelters. This does not include veterinary services. APARTMENT HOUSING means a multi-storey building consisting of three (3) or more dwelling units, which does not conform to the definition of any other residential use class. Individual ground floor dwelling units in an apartment housing development may have direct access to an adjacent sidewalk. APEGA means the Association of Professional Engineers and Geoscientists of Alberta. ARTISAN SHOP means a development used for the purpose of small scale, on-site production of goods by simple processes or hand manufacturing, primarily involving the use of hand tools. Typical uses include pottery, ceramic and sculpture studios, custom jewelry manufacturing and artist and photography studios. ASSISTED LIVING FACILITY means a housing alternative for adults who may need help with dressing, bathing, eating, and toileting, but do not require the intensive medical and nursing care provided in residential care facilities. AT GRADE means reference to a building that is constructed with the main floor located at or within 1.8 m (6.0 ft.) of the average grade of a lot. AUCTIONEERING ESTABLISHMENT means development intended for the auctioning of livestock, goods and equipment, including the temporary storage of such livestock, goods and equipment, but does not include garage sales or flea markets. AUTOMOTIVE AND EQUIPMENT SERVICES means the sale, servicing, mechanical repair, rental and storage of automobiles, light trucks, utility and recreation vehicles, all-terrain vehicles, bobcats, mini excavators, motorcycles, snowmobiles, and similar August 2017 Page 199

208 vehicles and the sale, installation, servicing, rental, or storage of related accessories and parts. This includes transmission shops, muffler shops, tire shops, body shops, and automotive glass and upholstery shops, but does not include motor vehicle dealerships or service stations. AUTO WRECKER means a development used for the storing, junking, dismantling, wrecking or crushing of three (3) or more motor vehicles, not in running condition, or parts of them, and may include the sale of parts of such vehicles. BALCONY means a platform attached to a building above the first storey floor level, and used as an outdoor amenity area with access only from within the building. Balcony BARELAND CONDOMINIUM means a condominium development containing bareland condominium units, created specifically through subdivision and registered as a condominium plan in accordance with the Condominium Property Act, C-22, RSA BARELAND CONDOMINIUM UNIT means a bare land unit as defined in the Condominium Property Act, C-22, RSA BASEMENT means that portion of a building that is located wholly or partially below grade, having no more than 1.0 m (3.3 ft.) of its height above grade which lies below the finished level of the floor directly above. Basement BED AND BREAKFAST means a secondary commercial use of a single detached dwelling, whereby tourist accommodation with or without meals is provided for remuneration. A bed and breakfast establishment is not allowed in a boarding house, mobile home, or a secondary suite. BOARDING HOUSE means a residential building, with or without a dwelling unit, where sleeping accommodations of three (3) or more bedrooms, with or without meals, are provided for remuneration to members of the public. A boarding house does not include a group home, guest ranch, hotel, motel, work camp, or bed and breakfast. BORROW PIT means an excavated area from which soil and unconsolidated materials (excluding sand and gravel), are removed for use without further processing or handling, as fill for activities such as landscaping, building construction, levees or, highway construction and/or maintenance, either on or off-site. BUFFER means a row of trees or shrubs, an earth berm, or fencing intended to provide visual screening, noise abatement, or separation between lots, districts, or incompatible uses. BUILDING as defined in the Act. BUILDING SEPARATION means the minimum distance between two adjacent buildings measured from the outer finish of the exterior walls. August 2017 Page 200

209 BULK FUEL STORAGE means development where refined or crude oil, fuel, or liquid or solid chemical is stored, and includes the storage of dangerous/hazardous substances, as defined by the Dangerous Goods Transportation and Handling Act and the Major Industrial Accidents Council of Canada (MIACC). The development may include facilities for cleaning, blending or packaging of bulk oil, fuel or chemicals, but does not include manufacture of any of these products. BULK PLANT means a development where the principal use is the indoor or outdoor storage and/or sale of refined or crude oil, fuel, liquid or solid chemicals, or fertilizer and anhydrous ammonia storage. The development may include facilities for cleaning, blending, or packaging of bulk oil, fuel or chemicals for redistribution or sale, but does not include the manufacture of these products. BYLAW means the Lac La Biche County Land Use Bylaw No PEACE OFFICER means any Bylaw Officer appointed by the County and may include a member of the Royal Canadian Mounted Police or a Special Constable. CAMPGROUND, TOURIST means a campground available only for single-night stays and developed in association with a tourist information centre. Campgrounds include recreational vehicle parks, but are not to be used for recreational vehicle storage, and do not include work camps. CAMPSITE means a specified area or lot within a campground or other recreational area intended for occupancy by tents, tent trailers, or recreational vehicles on a limited, short-term basis not exceeding four (4) months. This does not include lots or parcels for mobile homes, cabins, motels, hotels, park model recreational vehicles, or boarding houses. CANTILEVER means the projection of habitable or livable space outside the foundation, and it is typically floor to ceiling space. Cantilevers include any floor space that a person can enter, such as closets, cantilevered room space, and bay windows that create usable floor space. Cantilever CALIPER means the trunk diameter of a tree measured at a point 0.3 m (1.0 ft.) from the top of the root ball. CAMPGROUND means a development of planned campsites, intended for seasonal Use by individuals for a fee, and shall include facilities and amenities subordinate to the operation of the campground. For the purpose of this Bylaw a campground consists of: CAMPGROUND, MAJOR means a campground consisting of more than ten (10) campsites. CAMPGROUND, MINOR means a campground consisting of ten (10) or fewer campsites. CARPORT means a structure designed to accommodate a motor vehicle that consists of a roof supported on posts or columns, and is not enclosed except for one side that is attached to the principal building on a lot. CEMETERY means the development of a parcel of land primarily as landscaped open space for the entombment of the deceased, and may include accessory developments such as crematories, columbaria, and mausoleums. Typical uses include memorial parks, burial grounds, gardens of remembrance, and pet August 2017 Page 201

210 cemetery. CHILD CARE FACILITY means a development licensed by the Province to provide personal care, educational services, or supervision, without overnight accommodation, for seven (7) or more children at one time for more than three (3) but less than twenty-four (24) consecutive hours in a day. This definition includes daycare centres, drop-in centres, nursery schools, playschools, and out of school care for the provision of care before and after school hours and during school holidays for both preschool and school age children. CLOSED CAMP means a work camp that is established to operate independently from a particular construction project and has sleeping units available only for those workers. CLUSTERED FARM DWELLINGS means one or more detached dwellings, duplexes or multiple family dwellings and such other structures which are associated with the day-today operation of a religious colony, including farm buildings as part of an agricultural operation, home occupation, churches and schools, and which are located on a contiguous farm unit of at least 640 acres (256 hectares) in size upon which agricultural uses are actively undertaken. COMMERCIAL EQUESTRIAN CENTRE means land and facilities, including buildings and shelters, in which fifteen (15) or more horses are boarded, trained, exercised, and used for recreational purposes. Such activities may include riding lessons, horse shows, rodeos and guided trail rides. This does not include the boarding and stabling of horses where there is no significant visitation or ridership of the horses. COMMERCIAL SCHOOL means a development where training and instruction in a specific trade, skill or service is provided for the financial gain of the individual or company owning the school. Commercial schools do not include schools operated by a School Division, but include secretarial, business, hairdressing, beauty culture, dancing, or music schools. COMMERCIAL VEHICLE INSPECTION means a formal or official examination for checking and/or testing of any commercial vehicle. This could include, but not limited to brake systems, air systems, steering components, chassis, and lights for the purpose of maintaining safe operations in accordance with Alberta Transportation standards in the Vehicle Equipment Regulations and Traffic Safety Act. COMMUNAL SERVICES means privately owned or operated water and/or sewer facilities that are designed to serve more than one (1) dwelling unit or lot. Examples include but are not limited to systems operated under the parameters of a servicing co-operative or within a condominium development. COMMUNICATION TOWER means an installation consisting of an antenna or antenna array, mounted on a metal tower or support structure, designed for the purpose of the reception and transmission of cellular telephone or radio signals by federally licensed operators. COMMUNITY FACILITY means an Indoor or outdoor recreation facility intended to serve the community at large. Typical uses include club houses, community centres, gymnasiums, hockey rinks, museums, libraries, swimming pools, theatres, or tourist information/interpretive centres. COMPLIANCE CERTIFICATE means a document which states that the building locations on a parcel, as shown on a real property report prepared by a registered Alberta Land Surveyor, comply or do not comply with the setback requirements specified in this Bylaw. CONFERENCE FACILITY means a building or lot intended to provide permanent facilities for meetings, seminars, conventions, product and trade shows, and similar exhibitions. August 2017 Page 202

211 CONFINED FEEDING OPERATION as defined in the Municipal Development Plan. Deck CONSTRUCTION CAMP means a camp used for the duration of a construction project consisting of recreational vehicles to provide temporary accommodation for project personnel in which the personnel are located in proximity to the construction work area. CONTRACTOR, GENERAL means development used for the provision of building construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer, or similar services of a construction nature which require on-site storage space for materials, construction equipment, or vehicles normally associated with the contractor service. Any sales, display, office, or technical support service areas shall be accessory to the principal general contractor use. CONTRACTOR, LIMITED means a development used for the provision of electrical, plumbing, heating, painting, catering and similar contractor services primarily to individual households and the accessory sales of goods normally associated with the contractor services where all materials are kept within an enclosed building, and there are no accessory manufacturing activities or fleet storage of more than four (4) vehicles. COUNCIL means the Municipal Council of Lac La Biche County. COUNTY means Lac La Biche County. CURB means that portion of a public road, constructed of concrete that forms the outer edge of the public road. DECK means an uncovered or unenclosed amenity Structure in excess of 0.6 m (2.0 ft.) in height that may or may not be attached to a dwelling. DESIGNATED OFFICER as defined in the Act. DEVELOPMENT as defined in the Act. DEVELOPMENT AUTHORITY means a Development Officer, the Municipal Planning Commission, or Council, as the case may be. DEVELOPMENT COMPLETION CERTIFICATE means a document or certificate issued by the Development Officer confirming that the requirements and conditions of a development permit have been met. DEVELOPMENT COMPLIANCE OFFICER means the person designated by the Chief Administrative Officer for effectively managing enforcement action to ensure compliance by landowners and others with the planning and development framework and Building Code regulations. The position will perform duties in accordance with legislation, regulations, Codes of Practice and Council policies and procedures. DEVELOPMENT OFFICER means the person(s) designated by the Chief Administrative Officer or his or her designee to serve as Development Officer for the County. DEVELOPMENT PERMIT as defined in the Act. DRINKING ESTABLISHMENT means a commercial establishment where the primary purpose is the sale of alcoholic beverages to the August 2017 Page 203

212 public for consumption on the premises, and from which minors are prohibited. This use typically has a limited menu and entertainment is a minor component of the operation. Typical uses include but are not limited to bars, pubs, beverage rooms and cocktail lounges. DRIVE-THROUGH BUSINESS means an establishment which services customers travelling in motor vehicles driven onto the lot where such business is carried out, where the customer normally remains in the vehicle. This does not include service stations or gas bars. DRIVEWAY means an area that provides access for vehicles from a public or private road to a garage or parking lot. DUGOUT means a man-made excavation or reservoir constructed to collect and retain water for private household, agricultural or other domestic purpose. A dugout is not a water body. DWELLING means a complete building, used by a household and containing sleeping, cooking, eating, and sanitary facilities intended as a permanent residence for the domestic use of one or more persons and having an independent entrance either directly from the outside of the building or through a common area inside the building. DWELLING, DUPLEX (SIDE-SIDE) means a residential development containing two (2) dwelling units which share a common wall, and which have a separate access to each dwelling unit. It is also known as a semi-detached dwelling. DWELLING, DUPLEX (UP-DOWN) means a residential development containing two (2) dwelling units which are located one above the other, and which have a separate access to each dwelling unit. DWELLING, FOURPLEX means a building containing four (4) dwelling units arranged such that each of the units is located both beside another unit, sharing a common wall, or either above or below another unit, and which have a separate access to each dwelling unit. DWELLING, ROW HOUSE means a multi-unit dwelling development consisting of a building containing a row of three (3) or more dwellings joined in whole or in part at the side only with no dwelling being placed over another in whole or in part. Each dwelling shall be separated from the one adjoining, where they are adjoining, by a vertical party wall which is insulated against sound transmission. Adjoining rooms may or may not be habitable rooms. Each dwelling shall have separate, individual, and direct access to grade. For the purposes of this Bylaw, garden linked and townhouse units are considered to be row house dwellings. DWELLING, SINGLE DETACHED means a residential development, including a modular home containing one (1) dwelling unit and is intended as a permanent residence. Where a secondary suite is a permitted or discretionary use in a land use district, a building which contains single detached housing may also contain a secondary suite. Single detached dwellings do not include mobile homes. DWELLING, STACKED ROW HOUSE means a residential development consisting of row housing, except that the dwelling units may be arranged two (2) deep vertically so that dwelling units may be placed over each other. Each dwelling unit shall have separate and individual access, not necessarily directly, to grade, provided that no more than two (2) dwelling units may share access to grade. EASEMENT means any utility right-of-way or other right-of-way on privately owned property established for the installation, construction, repair and maintenance of utilities, or for the access and passage of the general public, identified by a registered plan or by description, and documented by a registered caveat or easement agreement at the Alberta Land Titles Office. August 2017 Page 204

213 EMERGENCY SHELTER means development sponsored or supervised by a public authority or non-profit agency for the purpose of providing temporary accommodation for persons requiring immediate shelter and assistance for a short period of time. ENVIRONMENTAL RESERVE as defined in the Act. ENVIRONMENTALLY SIGNIFICANT AREA means a natural area or lot e that is important to the long-term maintenance of biological diversity, soil, water, or other natural processes, including areas that contain rare or unique elements or elements that may require special management consideration due to their conservation needs. ESSENTIAL PUBLIC SERVICE means development which is required for the public protection of persons and property from injury, harm or damage together with the incidental storage of equipment and vehicles, which is necessary for the local distribution of utility services. Typical uses include police stations, fire stations, and ambulance stations. EXOTIC ANIMAL means an animal that is not traditionally domestic and is reared for domestic or commercial purposes. Examples include, but are not limited to ostrich, llamas, and alpacas. FAÇADE means any side of a building that faces a public road or space and is finished accordingly. FENCE means a structure made of wood, metal and/or masonry that may be used to prevent or restrict passage, for sound attenuation, yard décor, privacy, or for protection from the elements, to provide visual screening, or to mark a lot line. FARMER S/FLEA MARKET means development used for the sale of new or used goods or food products by multiple vendors renting tables or space in an enclosed building. Vendors may vary from day to day, although the general layout of space to be rented remains the same, and such operations are usually conducted on weekends and holidays only. FIXED BASE OPERATOR means a commercial business granted the right by an airport to operate on the airport and provide aeronautical services such as fueling, hanger rental space, tie downs and parking, aircraft rental, aircraft maintenance, flight instruction, etc. FLEET SERVICES means development using a fleet of vehicles for the delivery of people, goods or services, including dispatch services where such vehicles are not available for sale or long term lease. This use class includes private ambulance services, taxi services, bus lines, messenger, and courier services. This use class does not include moving or cartage firms involving trucks with a gross vehicle weight of more than 3,000 kg (6,614 lb). FLOOD PLAIN means the area of land adjacent to a water body that is potentially at risk of flooding from time to time. FLOOR AREA, GROSS means the sum of the areas of all floors of a building or structure, measured to the outside surface of the exterior walls, or where buildings are separated by firewalls, to the centre line of the fire wall and includes all floors totally or partially above grade, and all floors totally below grade developed for residential, commercial, industrial or institutional use, and includes all mechanical and electrical equipment areas but does not include indoor parking areas. FLOOR AREA RATIO (FAR) means the numerical value of the floor area of a building or structure relative to the lot upon which it is located, excluding: a) Basement areas used exclusively for storage or service to the building; b) Parking lots; c) walkways required by the Development Authority; and d) Floor areas devoted exclusively to August 2017 Page 205

214 mechanical or electrical equipment servicing the development, divided by the area of the lot. Floor Area Ratio GAMING ESTABLISHMENT means a facility licensed by the Province of Alberta for patrons engaged in gambling and games of chance. Typical uses include casinos and bingo halls. GARAGE means an accessory building or part of a principal building designed and used primarily for the storage of motor vehicles, and includes a carport. FOOD SERVICE, MOBILE means a street vendor, or vehicle or fleet of vehicles designed for the preparation, delivery and sale of food to the public directly from the vehicle or vehicles, or in the case of a street vendor, a wagon or cart. FRAGMENTED PARCEL means a parcel that is physically separated from the balance of a quarter section by a natural barrier such as a permanent watercourse or water body, or by a public road, provincial highway, or railway. FRONTAGE means, where used with reference to residential development, the lineal distance measured along the front lot line; and where used with reference to non-residential development, the length of the property line of any side of a separate development which is parallel to, and abuts, a public road, not including a lane, which is directly accessible from the development. The frontage of an individual premises in a multiple occupancy development shall be considered as the total width of the bays occupied by that premises which have exposure parallel to any frontage of the multiple occupancy development. FUNERAL SERVICES means development used for the preparation and keeping of the dead for burial, and the purification and reduction of the human body by heat. Typical uses include funeral homes, crematoriums, mausoleums, cineraria, and columbaria. GARAGE SUITE means a dwelling located above a detached garage (above grade), or a single-storey accessory dwelling attached to the side or rear of a detached garage (at grade). A garage suite has cooking, food preparation, sleeping, and sanitary facilities which are separate from those of the existing principal dwelling unit located on the lot. A garage suite has a separate entrance from the vehicle entrance to the detached garage, either from a common indoor landing, or directly from the exterior of the structure. This use does not include secondary suites or garden suites. GARDEN SUITE means a single-storey accessory dwelling, which is located in a building on a lot that is separate from a building in which the principal use is an existing single detached dwelling. A garden suite has cooking, food preparation, sleeping, and sanitary facilities which are separate from those of the principal dwelling located on the lot. This use class does not include secondary suites or garage suites. GAS BAR means development used for the retail sale of gasoline, other petroleum products, and incidental auto accessories, but does not include a service station. GMSS means the County s General Municipal Servicing Standards. GOLF COURSE means an outdoor development designed primarily for the game of golf. Accessory uses may include a pro shop, driving range and or practice facility, food service, and other commercial uses typically August 2017 Page 206

215 associated with a golf course clubhouse facility. GOVERNMENT SERVICES means a building, structure, or lot used for public administration and services by the County, by any board or agency of the County, or by any department, commission or agency of the Government of Alberta or Canada, but does not include an essential public service. GRADE means a geodetic elevation from which the height of a structure is measured, calculated in accordance with Section C1.6. Grade 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. A group home may incorporate accommodations for resident staff as an accessory use. GUEST RANCH means development of an owner-occupied ranch house which includes sleeping facilities which are rented on a daily basis to registered guests and meals are prepared in a residential kitchen. GUN RANGE means a secure, outdoor facility that provides for the controlled practice shooting of handguns and rifles, and also includes archery ranges. HAMLET as defined in the Municipal Development Plan. GRADING means to level or smooth to a desired horizontal gradient. GREENHOUSE/PLANT NURSERY means commercial development for the growing, acclimating, propagating, harvesting, displaying, and selling of fruits, vegetables, bedding, household, and ornamental plants and may include accessory uses related to the storing, displaying, and selling of gardening, nursery, and related products, but does not include a Medical Marijuana Production Facility. GROUND FLOOR means the storey of a building where the floor of the storey is at or nearest above the level of the finished grade ground around the building. GROUP HOME means a development using a dwelling unit that maintains the character of the neighbourhood as a facility which is recognized, authorized, licensed or certified by a provincial authority to provide room and board for disabled HARD SURFACED/SURFACING means the provision of a durable, dust-free material consisting of asphalt, paving stone, concrete or other similar impervious material. HEALTH AND WELLNESS CENTRE means a recreational development to provide for physical and mental recreation and therapy for patrons through means of health and spa facilities that may include, and not be limited to, visitor or resort accommodation, outdoor and indoor swimming and hot pools, massage, beauty and spa parlors, diet clinics, rejuvenation facilities and fitness centres. This definition does not include hospitals or other medical clinics. HEALTH SERVICES means development used for the provision of physical and mental Health Services on an out-patient basis. Services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counseling nature. Typical uses include medical and dental offices, health clinics, and counseling services, but do not include a hospital. HEAVY EQUIPMENT means large machinery or vehicles, especially those used in August 2017 Page 207

216 the building and agricultural industries, and generally include bulldozers, excavators, dump trucks, tractors and other similar vehicles. HEAVY EQUIPMENT DEALERSHIP means development used for the retail sale or rental of new or used heavy equipment together with incidental maintenance services and the sale of parts and accessories. HEIGHT means the maximum vertical distance between the average finished grade of the lot and: a) the highest point of the roof in the case of a building with a flat roof or a roof having a slope of less than 20 degrees; and b) the average level between eaves and ridges in the case of a pitched, gambrel, mansard, or hipped roof, or a roof having a slope of more than 20 degrees; provided that in such cases the ridge line of the roof shall not extend more than 1.5 m (5.0 ft.) above the maximum permitted building height of the district, or in the case of a garage suite or garden suite, the maximum permitted building height in accordance with section C2.23(4). For the purpose of this definition, the measurement of height does not include roof stairway entrances, ventilating fans, skylights, steeples, chimneys, smoke stacks, firewalls, parapet walls, flag poles, or similar devices not structurally essential to the building. Height HOME BASED BUSINESS means the Accessory Use of a residential lot or dwelling by the permanent residents for an occupation, trade, profession or craft and includes: a) Home-Based Business, Major which may involve the use of a portion of the principal dwelling, its Accessory Buildings and site, or combination thereof, by permanent residents of the dwelling to conduct a business activity or occupation, and may include non-resident employees. b) Home-Based Business, Minor which may involve the use of a portion of the principal dwelling by only the permanent residents of the dwelling to conduct a business activity. c) Home-Based Business, Agricultural means a development in the Agricultural District (AG) consisting of the use of a dwelling or farm building by the resident of that dwelling, for a business that may generate business traffic. The business use must be secondary to the agricultural operation and shall not employ more than five (5) persons not normally residing on site. HOME IMPROVEMENT CENTRE means development used for the sale of product for interior and exterior home improvements, renovations or construction. The majority of onsite stock is contained indoors, while outdoor storage includes, but is not limited to, lumber and plantings. HOSPITAL means an institutional development used to provide in-patient and out-patient health care to the public. Typical developments include a community health centre and a full service hospital. HOTEL means the provision of rooms or suites for temporary sleeping accommodation where the rooms have access from a common interior corridor and may be equipped with individual kitchen facilities. Hotels may include accessory eating and drinking facilities, meeting rooms, and personal service shops. INDUSTRIAL EQUIPMENT SERVICES means the sale, repair, rental, or storage of heavy vehicles, machinery, or mechanical equipment typically used in building, road, pipeline, oil field and mining, construction, manufacturing, assembling, and processing operations and agricultural production. August 2017 Page 208

217 INDUSTRY, GENERAL means an industrial activity that is accommodated on a relatively large lot, and includes the following activities: a) the processing of raw or finished materials; b) the manufacturing or assembly of material, goods, products or equipment; c) development used for industrial service support and construction; d) the cleaning, servicing, repairing or testing of materials, goods and equipment normally associated with industrial or commercial businesses or cleaning, servicing and repair operations to goods and equipment associated with personal or household use, where such operations have impacts that would make them incompatible in non-industrial districts; e) the storage or transshipping of materials, goods and equipment, including petrochemical products and supplies; f) the training of personnel in general industrial operations. It may include any indoor display, office, technical or administrative support areas or any sales operation accessory to the general industrial uses. A general industrial use development shall not adversely affect surrounding non-industrial uses through the generation of emissions, noise, odours, vibrations, heat, bright light or dust. INDUSTRY, HEAVY means a large scale manufacturing or processing facility that due to its appearance, noise, odour, risk of toxic emissions, or fire and explosion hazards are incompatible with residential, commercial, and other land uses. Heavy industrial uses include, but are not limited to, land treatment, asphalt plants, concrete plants, and gravel crushing plants that create nuisances that extend beyond the boundaries of the lot, but does not include agriculture or agricultural industries. Such uses should normally be located on remote lots or at the interior of industrial areas, such that they not interfere with the safety, use, amenity, or enjoyment of any non-industrial land uses in the vicinity. INDUSTRY, LIGHT means an industrial activity that is involved in: a) the manufacturing, fabricating, processing, assembly or disassembly of materials, semifinished goods, finished goods, food, beverages, products or equipment, provided live animals are not involved in any aspect of the operation; b) the cleaning, servicing, testing, repairing or maintenance of industrial or commercial goods and equipment; c) the offices or workshops of contractors engaged in either building trades and services, or road and utility construction; d) the crushing, dismantling, sorting or processing of discarded goods, provided these activities do not involve chemicals or the application of heat; e) the analysis or testing of materials or substances in a laboratory; f) research and development; or g) the repair, service or refurbishment of furniture, electronic equipment and appliances that are used in the home; which will not result in the emission of odours, dust, smoke, gas, noise, or vibration outside the building in which the activity is carried on, and which is carried on entirely indoors, except for the storage of finished goods which may be located outdoors provided it is entirely screened from view. Notwithstanding the above, light industrial uses shall not include the outdoor storage of used goods or materials for any purpose. INTERMODAL FACILITY means an integrated facility where trailers, sea cans and other freight containers are transferred between intermodal railcars and highway carriers, including domestic and international container shipments; or an integrated facility where dry or liquid bulk and packaged commodities are transferred between conventional railroad freight cars and highway carriers. INTERSECTION means the area within the connection (defined as that point where the curb return ends) of that portion of two or more public roads intended for the use of vehicular traffic. August 2017 Page 209

218 Intersection driveways and parking lots. LANE means a public road intended primarily to give access to the rear of buildings and parcels of land. LIQUOR STORE means a building or part of a building used for the display and retail sale of alcoholic beverages for consumption off-site. KITCHEN means facilities for the preparation of cooking of food and includes any room containing counters, cabinets, plumbing, and appliances including range or an oven or utility connections for servicing a range or oven LANDFILL, INDUSTRIAL means a waste management facility at which hazardous or oilfield waste is disposed of by placing it on or in land, and may include a land treatment facility, a surface impoundment, a salt cavern, or a disposal well. LAND TITLES OFFICE means an office responsible for issuing titles to land and registering transactions affecting titles, including changes of ownership and registration of interests against land. LAND USE DISTRICT means an area of the County established as a Land Use District in this Bylaw. LANDSCAPING means the preservation, modification, or enhancement of outdoor areas for use as amenity space, for aesthetic appearance, and for privacy, and may contain any or all of the following elements: a) soft landscaping consisting of vegetation such as trees, shrubs, hedges, grass, and ground cover; b) hard landscaping consisting of nonvegetative materials such as brick, stone, concrete, tile, and wood in the form of patios, walkways, and paths, but excluding LIVE WORK RESIDENCE means a building, or portion of a building separated from the rest of the building by a party wall from foundation to roof, containing one dwelling and one nonresidential use, with a front entrance facing a road. LIVESTOCK means poultry, horses, cattle, sheep, swine, goats, bison, fur-bearing animals raised in captivity, and domestic cervids within the meaning of the Livestock Industry Diversification Act. LOT as defined in the Act. LOT, CORNER means a) a lot that abuts the intersection of two public roads, neither of which is a lane; or b) a lot located abutting a public road, other than a lane, which changes direction at any point where it abuts the lot; provided that in both cases the lot shall not be considered a corner lot where the contained angle formed by the intersection or change of direction is an angle of more than 135 degrees. In the case of a curved corner, the angle shall be determined by the lines tangent to the property line abutting the public roads, provided the road is not a lane, at the point, which is the extremity of that property line. In the case of a curved corner, the point, which is the actual corner of the lot, shall be that point on the property line abutting the public road, provided the road is not a lane, which is nearest to the point of intersection of the tangent lines. Corner Lot August 2017 Page 210

219 LOT COVERAGE means the combined area of all buildings or structures on the lot as a percentage of the lot area, measured at the level of the lowest storey above grade, including all porches and verandas, open or covered, but excluding open and enclosed terraces at grade, uncovered decks less than 0.6 m (2.0 ft.) in height above grade, steps, cornices, eaves, and similar projections. LOT LINE, FRONT means the property line of a lot that abuts a Provincial Highway or public road other than a lane. In the case of a corner lot, the front lot line shall be the shorter of the two property lines abutting the Provincial Highway or public road, other than a lane. In the case of a corner lot formed by a curved corner, the front lot line shall be the shorter of the two segments of the property line lying between the point determined to be the actual corner and the two points at the extremities of that property line. LOT LINE, REAR means the property line of a lot which is furthest from and opposite to the front lot line, or, where there is no such property line, the point of intersection of any property lines other than a front lot line which is furthest from and opposite the front lot line. LOT LINE, SIDE means the property line of a lot other than a front lot line or rear lot line. LOT, THROUGH means a lot which abuts two parallel public roads, not including lanes. Lot, Through LOT WIDTH means the length of a line parallel to the front line. In the case of an irregularly shaped lot or a lot with a curved frontage, the lot width means the distance between the side lot lines measured in a straight line at the mid-point between the rear lot line and the front lot line. LUMBER YARD means a parcel or building or both where bulk supplies of lumber and other building materials are stored, offered or kept for retail sale and may include storage on or about the premises of such material. MAJOR DEVELOPMENT means a residential, commercial, industrial or institutional use that, by virtue of its size, density or other characteristics, is anticipated to have an environmental, aesthetic, operational or health effect on the community. Lot Lines and Width MARINA means a development which provides August 2017 Page 211

220 a sheltered area where boats are kept in the water and services for the needs of recreational boating purposes are found. This may include re-fueling, washing and repair stations. MARKET GARDEN means the growing of vegetables or fruit for public sale. MASSAGE SERVICE means a business providing the application of physical external manipulation of the soft tissues of the human body by another person. It includes massages administered as part of a skin care treatment by an aesthetician (where the massage is for the purpose of product application and is a minor or incidental part of the treatment), may include massages administered by medical or therapeutic professionals registered or entitled to practice under provincial legislation. MEDICAL MARIJUANA means a substance used for medical purposes authorized by a licence issued under federal legislation. MEDICAL MARIJUANA PRODUCTION FACILITY means a use where medical marijuana is cultivated, processed, packaged, tested, destroyed, stored or loaded for shipping; where a licence for all activities associated with a medical marijuana production is issued by Health Canada. MINI-STORAGE FACILITY means a development in which storage space in the form of rooms, lockers, and/or containers are rented to tenants. MOBILE HOME means a prefabricated or factory built residential building, also referred to as a manufactured home, consisting of one or two sections that is constructed on a chassis, may or may not be equipped with wheels, is designed to be moved from one place to another, provides self-contained year-round residential accommodation, is complete and ready for occupancy when placed on the lot except for incidental connection to utilities, and is built to the CSA Z240 Standard. This includes both single-wide and double-wide mobile homes, but does not apply to modular homes, recreational vehicles or industrial camp trailers. MOBILE HOME PARK DWELLING SITE means that portion of a mobile home park allotted for the placement of one mobile home and related accessory buildings. MOBILE HOME PARK means a development on a lot under single ownership and managed by a park operator that is designed to accommodate numerous mobile homes on leased lots in a community setting. MOBILE HOME SUBDIVISION means a parcel of land subdivided by a registered plan into individual lots to accommodate mobile homes for ownership, lease, or rental. MODULAR HOME means a dwelling unit, also referred to as a ready to move dwelling that is constructed from prefabricated components, and is similar in appearance and profile to a conventional single detached dwelling, and conforms to the Alberta Building Code, but does not include a mobile home. MOTEL means development for the provision of rooms or suites for temporary lodging or light housekeeping, where each room or suite has its own exterior access, and may include accessory eating and drinking facilities. MOTOR VEHICLE DEALERSHIP means development used for the retail sale or rental of new or used automobiles, recreational vehicles, motorcycles, snowmobiles, tent trailers, boats, travel trailers or similar light vehicles or crafts, together with incidental maintenance services and sale of parts. This use includes automobile dealerships, rental agencies, and motorcycle dealerships, but does not include dealerships for the sale of trucks with a gross vehicle rating greater than 4,000 kg or heavy equipment. MOVED IN BUILDING means a building that has been assembled at and/or used on a site and which is to be moved more or less whole to August 2017 Page 212

221 another lot. This use does not include a manufactured home. MUNICIPAL PLANNING COMMISSION as defined in the Act. NATURAL OPEN SPACE means land consisting of swamp, gully, ravine, coulee, or natural drainage course, land that is subject to flooding, or is unstable, abutting the bed and shore of any lake, river, stream, or other body of water, or is otherwise unsuitable for or protected from, development. NATURAL RESOURCE INDUSTRY means an operation engaged in the removal, extraction and primary processing of raw materials such as peat moss, timber, oil, natural gas, limestone, shale, and coal, but does not include aggregate extraction or heavy industrial uses such as gas plants, oil sands extraction facilities, petrochemical plants, pulp mills, or sawmills. NIGHTCLUB means development where the primary purpose is for dancing, drinking and entertainment. This use typically has a limited food menu, minors are prohibited from patronizing the establishment during at least some portion of the hours of operation and a significant portion of the facility is designed for entertainment. This use class does not include eating and drinking establishments. NON-CONFORMING BUILDING/USE as defined in the Act. NUISANCE means anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses. OFFENSIVE means, when used with reference to a development, a use by which its nature, or from the manner of carrying on the same, creates or is liable to create by reason of: noise; vibration; smoke; dust or other particulate matter; odour; toxic or non-toxic matter; radiation; fire or explosive hazard; heat; humidity; glare; or the unsightly storage of goods, materials, salvage, junk, waste, or other materials; a condition which, in the opinion of the Development Authority, may be or may become hazardous or injurious regarding health or safety, or which adversely affects the amenities of the neighbourhood, or interferes with or may interfere with the normal enjoyment of any land, building, or structure. OPEN CAMP means a work camp that is established to operate independently from a particular construction project and has sleeping units available for common rental. OVERLAY means additional development regulations superimposed on specific areas of the land use district maps, which supersede or add to the development regulations of the underlying district. OWNER means a) in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the Minister of the Crown having the administration of the land; or b) in the case of any other land; i) the purchaser of the fee simple estate in the land under an agreement for sale that is the subject of caveat registered against the certificate of title in the land and any assignee of the purchaser s interest that is the subject of a caveat registered against the certificate of title; or ii) in the absence of a person described in subsection (i), the person registered under the Land Titles Act, as the owner of the fee simple estate in the land. PARAPET means a wall-like barrier at the edge of a roof. Where extending above a roof it may be the portion of an exterior wall that continues above the line of the roof surfaces. PARK means land developed, designed or reserved for the general public for active or passive recreational use and includes all natural and man-made landscaping, facilities, playing fields, buildings and other structures that are consistent with the general purposes of public August 2017 Page 213

222 parkland. Typical uses include tot lots, band shells, picnic grounds, pedestrian trails and paths, landscaped buffers, playgrounds, and water features. PARKING FACILITY means a structure or an area providing for the parking of motor vehicles. PARKING LOT means a structure or an area of land providing for the parking of motor vehicles above or below grade. PARKING, NON-ACCESSORY means a parking lot that is developed independently of a specific development. PERSONAL SERVICE SHOP means development used for the provision of personal services to an individual which are related to the care and appearance of the body, or the cleaning and repair of personal effects. This use includes barbershops, beauty salons, tattoo studios, dressmakers, dry cleaners, hairdressers, laundromats, shoe repair shops, and tailors. PORCH means a structure attached to a building to shelter an entrance or to serve as a semi-enclosed space; usually roofed and generally open-sided; although it may be enclosed through the use of screens, glass or partial walls. Porch more buildings or uses on the lot; or c) constitutes by reason of its use the primary purpose for which the lot is used. PRIVATE CLUB means development used for the meeting, social or recreational activities of members of a non-profit philanthropic, social service, athletic, business, or fraternal organization, without on-site residences. Private clubs may include rooms for eating, drinking, and assembly. PROFESSIONAL, FINANCIAL, AND OFFICE SUPPORT SERVICES means development primarily used for the provision of professional, management, administrative, consulting, and financial services. Typical uses include: the offices of lawyers, accountants, engineers, and architects; offices for real estate and insurance firms; clerical, secretarial, employment, telephone answering, printing establishments, janitorial services, equipment sales and repair, and similar office support services; and banks, credit unions, loan offices, and similar financial uses. PROVINCIAL AUTHORITY means a provincial government department or agency responsible for regulating an activity such as transportation, energy or the environment or such other areas that fall under provincial control. PROVINCIAL HIGHWAY means a numbered public road, the maintenance, administration and regulation of which is the responsibility of the Government of Alberta. PUBLIC UTILITY as defined in the Act as an easement, municipal public utility, municipal utility service, non-municipal public utility, retailer, service connection, or utility service. PRINCIPAL BUILDING OR USE means a building or use which, in the opinion of the Development Authority, a) occupies the majority of the area of a lot; b) is the main building or use among one (1) or QUONSET means a prefabricated accessory building having a semicircular roof constructed of corrugated metal or fabric that curves down to form walls. REAL PROPERTY REPORT means a August 2017 Page 214

223 document that clearly illustrates permanent above ground structures and registered easements in relation to lot lines. The document consists of a plan showing the physical improvements with a written report outlining the details of the property, and is signed by a registered Alberta Land Surveyor. RECREATION, EXTENSIVE means uses which are located in areas to take advantage of natural physical features and to provide for nonfacility oriented recreational activities such as hunting, trail riding, snowmobiling, hiking, crosscountry skiing, rustic camping and similar uses. RECREATION FACILITY, INDOOR means a facility in which the public participate in recreational activities indoors. Typical uses include amusement arcades, billiard or pool halls, bowling alleys, curling rink, racquet courts, roller skating, swimming pools, gymnasiums, simulated golf facilities, movie theatres, live theatres, museums, art galleries, public and private clubs, and skating rinks. RECREATION FACILITY, MAJOR means a large scale indoor or outdoor facility intended to accommodate sporting or athletic events which are held primarily for public entertainment, where patrons attend on a recurring basis. Typical uses include coliseums, stadia, arenas, exhibition/fairgrounds, animal racing tracks and vehicle racing tracks, but does not include gun ranges. RECREATION FACILITY, OUTDOOR means a development providing facilities for entertainment, recreation and amusement activities which primarily take place out-ofdoors. Typical uses include amusement parks, go-cart tracks, and simulated golf establishments, paintball courses, skateboard parks, BMX tracks, splash parks, miniature golf courses, ski hills, ski jumps, sports fields, outdoor tennis courts, unenclosed ice surfaces or rinks, athletic fields, boating facilities, outdoor swimming pools, bowling greens, amphitheaters, riding stables and fitness trails. RECREATION, PASSIVE means human and pet activity and associated recreational facilities which do not involve large concentrations of people or activity on a regular basis, such as walking trails, conservation projects, and picnic areas. RECREATIONAL VEHICLE means a portable structure designed and built to be carried on a vehicle or to be transported on its own wheels, and which is intended to provide temporary living accommodation for travel and recreation purposes, and which does not need any special license or permit to travel on the public road systems other than a usual trailer or vehicle license, and without limiting the generality of the foregoing, includes such vehicles as a motor home, a camper, a travel trailer, or a tent trailer but does not include a mobile home or any vehicle or trailer over 2.4 m (8.0 ft.) in width. RECREATIONAL VEHICLE - PARK MODEL means a recreational vehicle built on a single chassis mounted on wheels which may be removed. The unit is designed to facilitate occasional relocation, with living quarters for a temporary residence or seasonal use, and must be connected to those utilities necessary for the operation of installed fixtures and appliances. This type of recreation vehicle has a width greater than 2.6 m (8 ft. 6 in) in the transit mode. Park model recreational units require a special tow vehicle and a special permit to move on the road. They conform to the CSA Z-241 Standard for park model recreational Units or another similar CSA standard to be approved by the Development Authority at its sole discretion. The maximum size of a park model recreational vehicle is 92.0 m 2 (990.0 ft. 2 ). RECREATIONAL VEHICLE PARK means a development on a parcel of land which has been planned and improved for accommodation in recreational vehicles. A recreational trailer park is a campground. RECYCLING FACILITY means a development used for the collection and temporary storage of recyclable materials such August 2017 Page 215

224 as cardboard, plastics, paper, metal, glass and similar household goods, or the purchase and temporary storage of bottles, cans, and other refundable materials where all storage is contained within an enclosed building or designated compound lot, but shall not include the storage or handling of hazardous materials. RELIGIOUS ASSEMBLY means a development used for spiritual worship and related religious philanthropic, or social activities and includes accessory rectories, manses, meeting rooms, food preparation and service facilities, classrooms, dormitories, and other buildings. Typical uses include churches, chapels, mosques, temples, synagogues, parish halls, convents, and monasteries. A religious assembly may include a single family dwelling (manse) for the resident religious leader, provided it is accessory to the principal use of the lot. RESIDENTIAL CARE FACILITY means a private or publicly funded and/or operated seniors lodge, nursing home, or extended care centre. RESIDENTIAL PARCEL means, in the context of the Agricultural District (AG), the subdivision of an undeveloped parcel of land from a quarter section or settlement lot for the purpose of accommodating a dwelling unit. RESORT ACCOMMODATION means a building or group of buildings containing rooms or units, which are primarily used for the temporary lodging of visitors or guests and shall not be used as a primary residence. Resort accommodation shall in all cases be considered as a commercial land use for the purposes of municipal assessment and taxation, with no restrictions on minimum or maximum occupancy periods. RESTAURANT means an establishment where the primary purpose is the sale of prepared food and beverages to the public for consumption on or off the premises. RETAIL, LARGE FORMAT means a commercial facility retail sale or wholesaling of goods to the general public, where the building in which the use is contained is equal to or exceeds a gross floor area of 5,000 m 2 (53,820 ft. 2 ). Such development may take the form of a single building unit occupied by a single owner or tenant, or a group of owners or tenants, either in a mall type setting or on a common lot and may include a lumber yard or home improvement centre, but does not include the sale of motor vehicles, boats or heavy equipment. RETAIL STORE means development used for the retail sale of consumer goods from within an enclosed building, and may include a pawn shop. Minor public services, such as postal services and film processing depots, are permitted within retail stores. This does not include developments used for the sale of gasoline, heavy agricultural or industrial equipment, vehicle and equipment sales/rentals, warehouse development, large format retail, or a liquor store. RETAIL STORE, CONVENIENCE means development used for the retail sale of goods on a day to day basis, from business premises which do not exceed m 2 (2,960.0 ft. 2 ) in gross floor area. Typical uses include small food stores, drug stores, and variety stores selling confectionery, tobacco, groceries, non-alcoholic beverages, pharmaceutical and personal care items, and printed matter, and may include a gas bar. RETAINING WALL means a structure constructed to withstand lateral pressure in order to hold back earth, loose rock or similar materials, but does not include a foundation wall. RETREAT means a building or land used by small groups for study, relaxation, meditation, and similar activities and may include visitor accommodation, eating facilities, and accessory facilities. Country recreational centres and country recreational lodges are not included in August 2017 Page 216

225 this category. RIGHT-OF-WAY means an area of land required to accommodate a utility alignment or a public road and includes: a statutory road allowance, a utility corridor or public road created by a dedication, a utility corridor or public road created by a subdivision plan or survey plan, or a public road created by easement or other similar agreement allowing public traffic. RIPARIAN SETBACK MATRIX MODEL (RSMM) means the scientifically based process adopted by the County to determine, through the subdivision process, setbacks from a water body to protect the water body from the impacts of development encroachment. ROAD, EXTERNAL means a public road which is not an internal road or Provincial Highway. ROAD, INTERNAL means a public road, the primary function of which is to provide access to individual Lots within a multi-lot subdivision, with the exception of mobile home parks and bareland condominium developments, in which case the internal roads are privately owned and maintained. ROAD, PUBLIC means the right-of-way for a municipal road, street, or lane that is registered at land titles and is used or intended to be used to accommodate vehicle traffic, but does not include a Provincial Highway. ROOF means the top of any enclosure, above or within the vertical walls of a building. SALVAGE YARD means land or buildings where scrap metal, motor vehicles, tires, and parts are disassembled, repaired, stored or resold. SATELLITE DISH means: a) a combination of an antenna or dish antenna the purpose of which is to receive signals from orbiting satellites; b) a low noise amplifier (LNA) situated at the focal point of the receiving component the purpose of which is to magnify and transfer signals; c) a cable the purpose of which is to transmit signals; and d) other associated components. SCHOOL means a publicly or privately supported development used for education and includes its administrative offices. Typical uses include an elementary or secondary school but do not include commercial schools. Uses also include colleges and on-site student housing. SCREENING means a fence, berm, or hedge used to visually separate areas or functions. SEA CAN means a standardized reusable steel shipping container used for the safe, efficient and secure storage and movement of materials and products. SECONDARY SUITE means a self-contained accessory dwelling unit that is located within or on the same lot as an existing single detached dwelling, and has food preparation, sleeping and bathing facilities which are separate from those of the principal dwelling. A secondary suite also has an entrance separate from the entrance to the principal dwelling, either from a common indoor landing or directly from the exterior of the structure. Typical uses include basement suites, garden suites, granny suites, and garage suites. SECURITY SUITE means a dwelling unit forming part of a non-residential development, or may be developed in a separate structure on-site, and used solely to accommodate a person or persons whose official function is to provide surveillance for the maintenance and safety of the non-residential development, approved on a permanent or temporary basis by the Development Authority. SERVICE STATION means development used for the servicing, washing, and repairing of vehicles, and the sale of gasoline, other petroleum products, and a limited range of August 2017 Page 217

226 vehicle parts and accessories. This use may include a car wash, and may also include restaurant, drinking establishment and/or a convenience retail store, but does not include automotive or equipment services. SETBACK means the distance that a development, or a specified portion of it, must be set back from a front, rear, or side lot line or lease boundary as measured from the foundation. A setback is not a yard. SIGN means a structure, device, light, fixture, or representation or any part thereof, to identify, advertise, announce, or direct attention to a person, object, product, event, place, organization, institution, development, business, group, profession, enterprise or industry, and is intended to be seen from on or off the lot. SITE means an area of land consisting of one or more abutting lots under single ownership. SLEEPING UNIT means a habitable room, not equipped with self-contained cooking facilities, consisting of a lockable entry and providing accommodations for a maximum of two (2) persons. SOLAR COLLECTOR means a device used to collect sunlight that is part of a system used to convert radiant energy from the sun into thermal or electrical energy. SPECIAL EVENT means a temporary meeting, activity or gathering having a common purpose, design, or goal that will affect or impact the ordinary and normal use by the general public upon any public or private facility, public road, sidewalk, lane, public or private area, park or building where the event substantially inhibits the usual flow of pedestrian or vehicular traffic and is not part of an existing use of a lot. STATUTORY PLAN as defined in the Act. STORAGE FACILITY, OUTDOOR means a Site designed for the outdoor storage of goods, materials or equipment. Typical uses include recreational vehicle, boat, heavy equipment storage compounds or similar uses. STOREY means that portion of a building, other than a basement, which is situated between the surface of any floor and the surface of the floor above it. If there is no floor above, the storey is the portion of the building which is situated between the surface of the floor and the ceiling above it. STRUCTURAL ALTERATION means any renovation or addition to a building or dwelling that affects a load bearing wall. STRUCTURE means anything constructed or erected, the use of which requires location on the ground or attachment to something located on the ground but not including pavements, curbs, walks, or open air surfaced areas or movable vehicles. SUBDIVISION as defined in the Act. SUBDIVISION AUTHORITY means the person or persons delegated the authority to exercise subdivision powers and duties on behalf of the County pursuant to the Act. SUBDIVISION AND DEVELOPMENT APPEAL BOARD as defined in the Act. SWIMMING POOL means an in-ground artificial body of water, excluding ponds and above ground temporary pools, of a depth of more than 0.6 m (2.0 ft.) used for swimming, bathing or diving. TEMPORARY refers to development for which a development permit has been issued by the Development Authority for a period not exceeding one (1) year. TOP OF BANK means the point closest to the boundary of the active flood plain of a lake, stream, or other body of water where a break in slope of the land occurs such that the grade August 2017 Page 218

227 beyond the break is flatter than 3 (horizontal) to 1 (vertical) at any point for a minimum of 15.0 m (15.0 ft.) measured perpendicularly from the break. Where banks are not well defined (e.g. in the case of lakes, wetlands or ponds), the top of the bank is equivalent to the high water mark or active flood plain, whichever is greater. TRAPPER S CABIN means a structure used for temporary habitation, located in isolated areas, not exceeding 75.0 m 2 (807.0 ft. 2 ) in total floor area. UNSIGHTLY has the same meaning as that contained in the Community Standards Bylaw. USE means the purpose or activity for which a lot and its buildings are designed, arranged, developed, or intended, or for which it is occupied and maintained. USE, DISCRETIONARY means any use of land or of a building listed as such in each of the land use districts for which a development permit may be issued by the Development Authority. USE, PERMITTED means any use of land or of a building listed as such in each of the land use districts for which a development permit must be issued if it meets the requirements of the Bylaw or may be issued if any variances are required. VARIANCE means an alteration or change to a standard prescribed by this Bylaw that is authorized by the Development Authority or Subdivision and Development Appeal Board. VETERINARY SERVICE, MAJOR means the care and treatment of animals, including livestock, where the veterinary service primarily involves outpatient care and medical procedures involving hospitalization. Typical uses include veterinary clinics and veterinary offices for the care of small animals and livestock. It may include outdoor storage. VETERINARY SERVICE, MINOR means the care and treatment of animals where the on-site veterinary service primarily involves outpatient care and minor medical procedures involving hospitalization for small domestic animals only. Typical uses include pet clinics, but not animal service facilities. VISITOR INFORMATION CENTRE means a building or part of a building used to disseminate community-related information to the traveling public. WASTE MANAGEMENT FACILITY means a sanitary landfill, modified sanitary landfill, waste transfer station, or dry waste site approved or registered pursuant to the Environmental Protection and Enhancement Act for the processing, treatment, storing, recycling or landfilling municipal waste, but does not include an industrial landfill or an auto wrecker. WATER BODY means a river, stream, lake, creek, lagoon, swamp, marsh, wetland, or other natural watercourse, whether it contains or conveys water continuously or intermittently. WETLAND means a site that is characterized by wet or spongy soils, where the water table stands at or above the land surface for at least part of the year. WIND ENERGY CONVERSION SYSTEM means a structure designed to convert wind energy into mechanical or electrical energy. WIND ENERGY CONVERSION SYSTEM, SMALL SCALE means a wind energy conversion system consisting of a single structure with the capacity to generate electricity only for the occupant s use on the lot on which it is located, and is not connected to the electricity grid. WORK CAMP means a residential complex used to house workers on a temporary basis, and without restricting the generality of the above is usually made up of a number of mobile units, clustered in such fashion as to provide sleeping, eating, recreation, and other basic living facilities. The units may be August 2017 Page 219

228 dismantled and removed from the site from time to time. A work camp is not a construction camp. YARD means a part of a lot upon or over which no building or structure other than a boundary fence is erected except for specifically permitted encroachments and accessory buildings. Yards YARD, FRONT means the portion of a lot abutting the front lot line extending across the full width of the lot, situated between the front lot line and the nearest wall of the principal building, not including projections. YARD, INTERIOR SIDE means a side yard other than an exterior side yard. YARD, EXTERIOR SIDE means a side yard immediately adjoining a public road. YARD, REAR means the portion of a lot abutting the rear lot line extending across the full width of the lot, situated between the rear lot line and the nearest wall of the principal building, not including projections. YARD, SIDE means that portion of a lot abutting a side lot line extending from the front yard to the rear yard. The side yard is situated between the side lot line and the nearest wall of principal building, not including projections. August 2017 Page 220

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