AGENDA OF CYPRESS COUNTY Municipal Planning Commission Council Chambers Administration Building, Dunmore AB Tuesday, October 11, :00 AM

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1 AGENDA OF CYPRESS COUNTY Municipal Planning Commission Council Chambers Administration Building, Dunmore AB Tuesday, October 11, :00 AM Page. Call to Order. Adopt Agenda. Adopt Minutes 3-6. Development Applications - For Viewing 16/150 Norman Bauer /152 James Summers /153 Dustin Desharnais /154 J.H. Fieldberg /155 Brost Developments Inc / Alberta Ltd. o/a Agro Plus Solutions /158 D. Brian Scholten /162 Darren & Cheryl Fischer /164 Brian McElgunn /168 Dwight Pahl Development Applications - For Consideration 16/67(rev) Forbes Bros Ltd. - 11:15 a.m /146 Kenco Construction - 11:00 a.m /148 Susan Keir - 11:30 a.m /161 Ava Stasiuk & Adam Stoodley - 10:30 a.m Subdivision Applications 16CY14 Robert & Marilyn Fisher - 10:45 a.m

2 16CY15 Barry & Michelle Stigter - 10:15 a.m Miscellaneous Planner's Report Land Use Amendments Bylaw 2016/37 - Brost Land & Cattle Co. Ltd. 101 Bylaw /41 - Eagles 102 Bylaw 2016/41 - Land Use Bylaw Bylaw 2016/42 - Fischer 156. Next Meeting - November 8, 2016 Page 2 of 156

3 MINUTES OF CYPRESS COUNTY MUNICIPAL PLANNING COMMISSION MEETING Administration Building, Dunmore Alberta Held on September 13, 2016 PRESENT: ABSENT: CALL TO ORDER: Stan Stehr, Chairman Wade Watson, Vice Chairman Darcy Geigle Dan Hamilton LeRay Pahl Bob Thomson Jeffrey Dowling, Planner Pam Pirsch, Development Officer Kaylene Hallett, Secretary Doug Henderson, CAO 10:00 A.M. by Stan Stehr AGENDA: Resolution No. 16/56 MINUTES: Resolution No. 16/57 DEVELOPMENT APPLICATIONS FOR VIEWING: In order to maintain continuity, the following items were not necessarily handled in the order shown. Dan Hamilton moved to approve the MPC Agenda. Carried. Leray Pahl moved to approve the August 9, 2016 MPC Minutes. Carried. 16/86 John Frame SE W4 (8402 Graburn Road) Construct 1,022 sq. ft. cabin for seasonal use 16/112 Maverick Oilfield Services Plan Block 1 Lot 8 (5, 7013 Old Trans Canada Hwy) Operate Business Maverick Oilfield Services Ltd. Utilize existing building for oil & gas construction, on site fabrication & equipment storage 16/123 Vincent Hamerton c/o Mike Hamerton Plan 3495HP Block 6 Lot 3A, 4A, 5A (121 South Railway Avenue, Irvine) Construct 600 sq. ft. addition onto existing shop to be utilized for motorcycle repair 16/125 Bosch Built Homes Plan Block 1 Lot 2 (12524 Rge Rd 44) Construct 1,375 sq. ft. residence with 1,419 sq. ft. attached garage and covered deck 16/126 Jim & Andrea Anderson / Jim Anderson Horse Training SE W4 (11502 Rge Rd 22) Demolish existing residence and barn and move on 1,280 sq. ft. residence Page 3 of 156

4 Municipal Planning Commission 2 September 13, /128 Cameron Unser Plan Block 19 (183 Francis Street, Irvine) Move on 14 x 66 mobile home 16/129 Brent & Lisa Guckert SE W4 (11517 Bull Trail) Construct 3,600 sq. ft. shop and 11,200 sq. ft. cold storage building 16/130 Jennifer Mah & Julian Lee NE W4 Move on 8 x 40 storage container and 160 sq. ft. in ground greenhouse 16/132 Nadine McKnight SW W4 (9401 Rge Rd 11) Construct 3,200 sq. ft. shop 16/133 Weir Heavy Duty Services Plan Block 3 (164 Charles Street, Dunmore) Operate Business Weir Heavy Duty Services Heavy Equipment Repair 16/134 Cheryl Alanna Dean & George Michael Duffy NE W4 (2113 Twp Rd 104) Construct 1,218 sq. ft. residence with 204 sq. ft. porch and 16 ground-mounted solar panels 16/135 Lacey Homes Ltd. Plan Block 4 Lot 27 (1066 East 3 rd Street, Dunmore) Construct 1,400 sq. ft. residence with 811 sq. ft. attached garage 16/136 Kelly Booker NW W4 (8219 Rge Rd 34) Construct 2,640 sq. ft. equipment storage building 16/137 William R. Footz Plan Block 4 Lot 6 (923 Eagle Ridge Drive, Dunmore) Home Occupation Office Use Only Year Round Outdoor Services Snow removal, Landscaping & Patio Repairs 16/138 Lacey Homes Ltd. Plan Block 2 Lot 6 (30, Rge Rd 72) Construct 1,816 sq. ft. residence with 709 sq. ft. attached garage and 350 sq. ft. deck 16/139 Stephanie Zacher Plan Block 1 Lot 7 (11419 Eagle Butte Road) Existing 14 x 10 shed and 20 x 11 portable garage 16/140 Hutterian Brethren Church of Elkwater SE W4 Construct 12,000 sq. ft. hay shed and 24,000 sq. ft. fertilizer storage building 16/141 Byron Horsfall & Brenda Livingstone Plan 1143AC Block 11 Lot 5 & W ½ of 6 (233 Mildred Street, Seven Persons) Move on 8 x 10 garden shed and install 12 x 12 cement pad Page 4 of 156

5 Municipal Planning Commission 3 September 13, /142 Rail Pro Inc. c/o Marc Leonard Plan Block 6 Lot 11 (208 Highlands Close, Desert Blume) Construct 10 x 20 sunroom onto existing deck 16/143 Cavan Ranch Ltd. SW W4 (3417 Twp Rd 144) Construct 4,800 sq. ft. shop 16/144 Cletus Doiron Plan 7325JK Block 3 (12132 Rge Rd 60) Move on 8 x 40 storage container 16/145 Ron McLeod Plan Block 2 Lot 10 (324 East 7 th Avenue, Dunmore) Construct 288 sq. ft. garden shed 16/147 Vicki Elhart Plan 1143AC Block 7 Lots (122 Foster Street, Seven Persons) Move on 8 x 10 shed and construct 8 x 12 deck extension APPLICATIONS FOR CONSIDERATION: MISCELLANEOUS: None. Planner s Report as attached Subdivision Time Extension 15CY16 Chayse Rembowski PN SW W4 To subdivide an existing 2.02 ha existing yard and residence from a previously subdivided quarter section in order to create a separate title for a family member. Chayse Rembowski was present. Resolution No. 16/58 Darcy Geigle moved to approve 15CY16 for a one-year time extension. Carried. LAND USE AMENDMENTS: Bylaw 2016/34 PN SW W4 - Pederzolli Bylaw 2016/37 PN SW 12-2-W4 Brost Land & Cattle Co. Ltd. Bylaw 2016/38 PN SE W4 Bootleg Holdings Ltd. Page 5 of 156

6 Municipal Planning Commission 4 September 13, 2016 SUBDIVISIONS: 16CY Alberta Ltd. PN NW W4 To subdivide a vacant 1.83 ha parcel from an un-subdivided quarter section in order to create a separate title to develop a country residence. Les & Marlene Ziegler were present. Resolution No. 16/59 Wade Watson moved to approve Subdivision Application 16CY12 subject to: 1. The Developer is required to supply copies of any utility right of way plans, easements, and/or agreements which are to be registered as a requirement for any affected utilities to the County prior to the subdivision s registration with Alberta Land Titles. Carried. 16CY13 Laureen Coulter, Coralee Kleckner & Brenda Johnson PN SW W4 To subdivide a vacant 5.61 ha parcel containing an existing residence and yard from a previously subdivided quarter section in order to create a separate title for the existing residence. Wade Watson abstained from discussion and voting. Coralee Kleckner was present. Resolution No. 16/60 Bob Thomson moved to approve Subdivision Application 16CY13 subject to: 1. The Developer is responsible to make a payment to the County for money-in-place of municipal reserve at a rate of $ per hectare being 10% of the appraised market value of $7, per hectare. The payment is to be submitted to the County prior to the subdivision s registration with Alberta Land Titles. 2. The Developer is required to supply copies of any utility right of way plans, easements and/or agreements which are to be registered as a requirement for any affected utilities to the County prior to the subdivision s registration with Alberta Land Titles. Carried. NEXT MEETING: ADJOURN: October 11, 2016 at 10:00 A.M. Stan Stehr declared the meeting adjourned at 11:00 A.M. Chairman Page 6 of 156

7 Permit No. 16/150 DEVELOPMENT PERMIT CYPRESS COUNTY Developer: Norman Bauer Mailing Address: Location: Development involving: A portion of the undeveloped road allowance adjacent to the south part of the SW W4 Excavate gravel, 175 metres in length, within the statutory road allowance and utilize road allowance for top soil pile (As further described on Application No. 16/150) has been: APPROVED, subject to the following conditions, and with the understanding it will be operated as outlined in the submitted application. Any changes to the operation must be submitted and approved by the Development Officer. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 3. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 4. Any work or improvements in the County ditches including approaches between the property line and county roadway must be approved by the Public Works Department. Date of Decision: September 20, 2016 Date of Issue of Development Permit: October 4, 2016 SIGNATURE OF DEVELOPMENT OFFICER Appeal Provisions and Date Expiry This Development Permit is: APPEALABLE NOT APPEALABLE 1. The issuance of an appealable Development Permit does not become effective until FOURTEEN (14) days after the date the order, decision or development permit is issued. If the Permit is not appealable, it takes effect on the date of issue. 2. Any person claiming to be affected by a appealable decision of the Development Officer may appeal the permit to the Development Appeal Board by serving written notice of appeal to the Secretary of the Development Appeal Board within FOURTEEN (14) days after notice of the decision is given. An appeal fee of $ is required per development application. 3. Should this decision be appealed to the Development Appeal Board, this Development Permit shall be suspended until such time as the appeal is decided and the permit is either varied or confirmed. 4. A permit issued in accordance with the notice of decision is valid for a period of twelve months from the date of issue. If at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Page 7 of 156

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10 Permit No. 16/152 DEVELOPMENT PERMIT CYPRESS COUNTY Developer: James Summers Mailing Address: Location: SW W4 (7422 Hwy 3) Roll # Development involving: Demolish existing deck and construct addition of 16 x 30 sunroom (As further described on Application No. 16/152) has been: APPROVED, subject to the following conditions, and with the understanding it will be constructed as outlined in the submitted application. Any changes in set back, or changes to dimensions must be submitted and approved by the Development Officer. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 3. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 4. Alberta Municipal Affairs requires permits pursuant to the Safety Codes Act to be obtained prior to commencement of construction. Alberta Municipal Affairs has Authorized Accredited Agencies to review construction drawings, related documents and issue permits on their behalf. A list of Authorized Accredited Agencies are available at Cypress County office. Date of Decision: September 16, 2016 Date of Issue of Development Permit: September 27, 2016 SIGNATURE OF DEVELOPMENT OFFICER Appeal Provisions and Date Expiry This Development Permit is: APPEALABLE NOT APPEALABLE 1. The issuance of an appealable Development Permit does not become effective until FOURTEEN (14) days after the date the order, decision or development permit is issued. If the Permit is not appealable, it takes effect on the date of issue. 2. Any person claiming to be affected by a appealable decision of the Development Officer may appeal the permit to the Development Appeal Board by serving written notice of appeal to the Secretary of the Development Appeal Board within FOURTEEN (14) days after notice of the decision is given. An appeal fee of $ is required per development application. 3. Should this decision be appealed to the Development Appeal Board, this Development Permit shall be suspended until such time as the appeal is decided and the permit is either varied or confirmed. 4. A permit issued in accordance with the notice of decision is valid for a period of twelve months from the date of issue. If at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Page 10 of 156

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13 Permit No. 16/153 DEVELOPMENT PERMIT CYPRESS COUNTY Developer: Dustin Desharnais Mailing Address: Location: Plan Block 3 Lot 10 (9, Rge Rd 73) Roll # Development involving: Construct 1,384 sq. ft. residence with 671 sq. ft. attached garage and covered deck (As further described on Application No. 16/153) has been: APPROVED, subject to the following conditions, and with the understanding it will be constructed as outlined in the submitted application. Any changes in set back, or changes to dimensions must be submitted and approved by the Development Officer. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. An Alberta Land Surveyor is to locate/post the location of the building(s) / structure(s) prior to construction as per the approved site plan. The County shall not be responsible or liable for noncompliance with this condition. 3. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 4. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 5. All waste disposal shall be the responsibility of the Developer and/or Owner and at his expense. 6. The approval of this application does not in anyway obligate Cypress County to provide access to development. 7. Alberta Municipal Affairs requires permits pursuant to the Safety Codes Act to be obtained prior to commencement of construction. Alberta Municipal Affairs has Authorized Accredited Agencies to review construction drawings, related documents and issue permits on their behalf. A list of Authorized Accredited Agencies are available at Cypress County office. 8. Any work or improvements in the County ditches including approaches between the property line and county roadway must be approved by the Public Works Department. 9. All final lot grading must ensure that the runoff water is directed to a public drainage course and does not go onto neighbouring properties. Date of Decision: September 16, 2016 Date of Issue of Development Permit: September 27, 2016 SIGNATURE OF DEVELOPMENT OFFICER Appeal Provisions and Date Expiry This Development Permit is: APPEALABLE NOT APPEALABLE 1. The issuance of an appealable Development Permit does not become effective until FOURTEEN (14) days after the date the order, decision or development permit is issued. If the Permit is not appealable, it takes effect on the date of issue. 2. Any person claiming to be affected by a appealable decision of the Development Officer may appeal the permit to the Development Appeal Board by serving written notice of appeal to the Secretary of the Development Appeal Board within FOURTEEN (14) days after notice of the decision is given. An appeal fee of $ is required per development application. 3. Should this decision be appealed to the Development Appeal Board, this Development Permit shall be suspended until such time as the appeal is decided and the permit is either varied or confirmed. 4. A permit issued in accordance with the notice of decision is valid for a period of twelve months from the date of issue. If at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Page 13 of 156

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16 Permit No. 16/154 DEVELOPMENT PERMIT CYPRESS COUNTY Developer: J.H. Fieldberg Mailing Address: Location: NW W4 (Roll # ) Development involving: Construct 2,280 sq. ft. machinery storage shed (As further described on Application No. 16/154) has been: APPROVED, subject to the following conditions, and with the understanding it will be constructed as outlined in the submitted application. Any changes in set back, or changes to dimensions must be submitted and approved by the Development Officer. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. An Alberta Land Surveyor is to locate/post the location of the building(s) / structure(s) prior to construction as per the approved site plan. The County shall not be responsible or liable for noncompliance with this condition. 3. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 4. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 5. Alberta Municipal Affairs requires permits pursuant to the Safety Codes Act to be obtained prior to commencement of construction. Alberta Municipal Affairs has Authorized Accredited Agencies to review construction drawings, related documents and issue permits on their behalf. A list of Authorized Accredited Agencies are available at Cypress County office. Date of Decision: September 20, 2016 Date of Issue of Development Permit: September 27, 2016 SIGNATURE OF DEVELOPMENT OFFICER Appeal Provisions and Date Expiry This Development Permit is: APPEALABLE NOT APPEALABLE 1. The issuance of an appealable Development Permit does not become effective until FOURTEEN (14) days after the date the order, decision or development permit is issued. If the Permit is not appealable, it takes effect on the date of issue. 2. Any person claiming to be affected by a appealable decision of the Development Officer may appeal the permit to the Development Appeal Board by serving written notice of appeal to the Secretary of the Development Appeal Board within FOURTEEN (14) days after notice of the decision is given. An appeal fee of $ is required per development application. 3. Should this decision be appealed to the Development Appeal Board, this Development Permit shall be suspended until such time as the appeal is decided and the permit is either varied or confirmed. 4. A permit issued in accordance with the notice of decision is valid for a period of twelve months from the date of issue. If at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Page 16 of 156

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19 Permit No. 16/155 DEVELOPMENT PERMIT CYPRESS COUNTY Developer: Brost Developments Inc. Mailing Address: Location: Development involving: Plan Block 8 Lot 16 (1029 East 11 th Avenue, Dunmore) Roll # Construct 1,961 sq. ft. residence with 671 sq. ft. attached garage and covered deck (As further described on Application No. 16/155) has been: APPROVED, subject to the following conditions, and with the understanding it will be constructed as outlined in the submitted application. Any changes in set back, or changes to dimensions must be submitted and approved by the Development Officer. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. An Alberta Land Surveyor is to locate/post the location of the building(s) / structure(s) prior to construction as per the approved site plan. The County shall not be responsible or liable for noncompliance with this condition. 3. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 4. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 5. All waste disposal shall be the responsibility of the Developer and/or Owner and at his expense. 6. The approval of this application does not in anyway obligate Cypress County to provide access to development. 7. Alberta Municipal Affairs requires permits pursuant to the Safety Codes Act to be obtained prior to commencement of construction. Alberta Municipal Affairs has Authorized Accredited Agencies to review construction drawings, related documents and issue permits on their behalf. A list of Authorized Accredited Agencies are available at Cypress County office. 8. Any work or improvements in the County ditches including approaches between the property line and county roadway must be approved by the Public Works Department. 9. This Development Permit included approval of a site grading plan. All necessary improvements required to make the lot grading work are required to be installed. In order to ensure the work is done in accordance to what was approved, verification must be submitted by a qualified Alberta Land Surveyor that the footing elevation and site grades are constructed at the correct grades as per the surveyed plot plan. The footing grade check and site grades must be submitted to the Developer s engineer for review. The Developer s engineer will submit acceptable footing checks and site grade checks to the County. Once the County is in receipt of the approved checks, the grade deposit will be reimbursed. 10. All final lot grading must ensure that the runoff water is directed to a public drainage course and does not go onto neighbouring properties. Page 19 of 156

20 16/155 Brost Developments Inc. 11. Before the water hook-up to the development is turned on, it is the responsibility of the developer/home owner to apply for a water meter and to supply Cypress County with a plumbing permit for the septic tile field from a recognized compliance monitoring agency. Under no circumstances is the water to be turned on without County supervision. It is also the home owner/developer s responsibility to ensure all Cypress County utility infrastructure, including the curb stop, has not been damaged prior to the construction and development within a Hamlet lot, also the curb stop is to be readily accessible and in proper operating condition. Any damage that occurs either during or after the construction of a development will be the land owner s responsibility and cost to repair. The home owner/developer acknowledges that he has care, custody and control of water meters owned by the County and accepts responsibility for the meters and their installation with remote readouts. 12. Sewage disposal must be carried out either by utilizing treatments mounds constructed according to Alberta Buildings and Safety Codes, or utilize tile fields constructed with imported soil. 13. Driveway approaches have been established per Cypress County Construction Standards and Design Guidelines. Any alterations to the approach must be approved by the developer s engineer and by Cypress County Public Works Department. 14. Driveway approaches must be paved the entire width of the approach and for a minimum distance of 3 metres back from the road as per Cypress County Specifications and Regulations for Constructing Approaches. 15. Maximum site coverage for all structures and hard surfacing is not to exceed 30% of total lot area. No additional hard surfacing will be permitted without prior approval. 16. To allow for road maintenance, curbing must end at the front property line. Approaches are to remain tapered on Cypress County property. Date of Decision: September 20, 2016 Date of Issue of Development Permit: September 27, 2016 SIGNATURE OF DEVELOPMENT OFFICER Appeal Provisions and Date Expiry This Development Permit is: APPEALABLE NOT APPEALABLE 1. The issuance of an appealable Development Permit does not become effective until FOURTEEN (14) days after the date the order, decision or development permit is issued. If the Permit is not appealable, it takes effect on the date of issue. 2. Any person claiming to be affected by a appealable decision of the Development Officer may appeal the permit to the Development Appeal Board by serving written notice of appeal to the Secretary of the Development Appeal Board within FOURTEEN (14) days after notice of the decision is given. An appeal fee of $ is required per development application. 3. Should this decision be appealed to the Development Appeal Board, this Development Permit shall be suspended until such time as the appeal is decided and the permit is either varied or confirmed. 4. A permit issued in accordance with the notice of decision is valid for a period of twelve months from the date of issue. If at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Page 20 of 156

21 16/155 Brost Developments Inc. 11. Before the water hook-up to the development is turned on, it is the responsibility of the developer/home owner to apply for a water meter and to supply Cypress County with a plumbing permit for the septic tile field from a recognized compliance monitoring agency. Under no circumstances is the water to be turned on without County supervision. It is also the home owner/developer s responsibility to ensure all Cypress County utility infrastructure, including the curb stop, has not been damaged prior to the construction and development within a Hamlet lot, also the curb stop is to be readily accessible and in proper operating condition. Any damage that occurs either during or after the construction of a development will be the land owner s responsibility and cost to repair. The home owner/developer acknowledges that he has care, custody and control of water meters owned by the County and accepts responsibility for the meters and their installation with remote readouts. 12. Sewage disposal must be carried out either by utilizing treatments mounds constructed according to Alberta Buildings and Safety Codes, or utilize tile fields constructed with imported soil. 13. Driveway approaches have been established per Cypress County Construction Standards and Design Guidelines. Any alterations to the approach must be approved by the developer s engineer and by Cypress County Public Works Department. 14. Driveway approaches must be paved the entire width of the approach and for a minimum distance of 3 metres back from the road as per Cypress County Specifications and Regulations for Constructing Approaches. 15. Maximum site coverage for all structures and hard surfacing is not to exceed 30% of total lot area. No additional hard surfacing will be permitted without prior approval. 16. To allow for road maintenance, curbing must end at the front property line. Approaches are to remain tapered on Cypress County property. Date of Decision: September 20, 2016 Date of Issue of Development Permit: September 27, 2016 SIGNATURE OF DEVELOPMENT OFFICER Appeal Provisions and Date Expiry This Development Permit is: APPEALABLE NOT APPEALABLE 1. The issuance of an appealable Development Permit does not become effective until FOURTEEN (14) days after the date the order, decision or development permit is issued. If the Permit is not appealable, it takes effect on the date of issue. 2. Any person claiming to be affected by a appealable decision of the Development Officer may appeal the permit to the Development Appeal Board by serving written notice of appeal to the Secretary of the Development Appeal Board within FOURTEEN (14) days after notice of the decision is given. An appeal fee of $ is required per development application. 3. Should this decision be appealed to the Development Appeal Board, this Development Permit shall be suspended until such time as the appeal is decided and the permit is either varied or confirmed. 4. A permit issued in accordance with the notice of decision is valid for a period of twelve months from the date of issue. If at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Page 21 of 156

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24 Permit No. 16/156 DEVELOPMENT PERMIT CYPRESS COUNTY Developer: Alberta Ltd. o/a Agro Plus Solutions Mailing Address: Location: Plan 448JK Block E ( nd Avenue, Dunmore) Roll # Development involving: Operate Business Agro Plus Solutions Agricultural Crop Protection Retail and Storage (As further described on Application No. 16/156) has been: APPROVED, subject to the following conditions, and with the understanding it will be operated as outlined in the submitted application. Any changes to the operation must be submitted and approved by the Development Officer. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 3. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 4. The applicant is to submit an Emergency Fire Response Plan to Cypress County prior to commencement. Date of Decision: September 26, 2016 Date of Issue of Development Permit: October 4, 2016 SIGNATURE OF DEVELOPMENT OFFICER Appeal Provisions and Date Expiry This Development Permit is: APPEALABLE NOT APPEALABLE 1. The issuance of an appealable Development Permit does not become effective until FOURTEEN (14) days after the date the order, decision or development permit is issued. If the Permit is not appealable, it takes effect on the date of issue. 2. Any person claiming to be affected by a appealable decision of the Development Officer may appeal the permit to the Development Appeal Board by serving written notice of appeal to the Secretary of the Development Appeal Board within FOURTEEN (14) days after notice of the decision is given. An appeal fee of $ is required per development application. 3. Should this decision be appealed to the Development Appeal Board, this Development Permit shall be suspended until such time as the appeal is decided and the permit is either varied or confirmed. 4. A permit issued in accordance with the notice of decision is valid for a period of twelve months from the date of issue. If at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Page 24 of 156

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27 Permit No. 16/158 DEVELOPMENT PERMIT CYPRESS COUNTY Developer: D. Brian Scholten Mailing Address: Location: SW W4 (11013 Rge Rd 80) Roll # Development involving: Construct 864 sq. ft. horse barn (As further described on Application No. 16/158) has been: APPROVED, subject to the following conditions, and with the understanding it will be constructed as outlined in the submitted application. Any changes in set back, or changes to dimensions must be submitted and approved by the Development Officer. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. An Alberta Land Surveyor is to locate/post the location of the building(s) / structure(s) prior to construction as per the approved site plan. The County shall not be responsible or liable for noncompliance with this condition. 3. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 4. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 5. The approval of this application does not in anyway obligate Cypress County to provide access to development. 6. Alberta Municipal Affairs requires permits pursuant to the Safety Codes Act to be obtained prior to commencement of construction. Alberta Municipal Affairs has Authorized Accredited Agencies to review construction drawings, related documents and issue permits on their behalf. A list of Authorized Accredited Agencies are available at Cypress County office. Date of Decision: September 26, 2016 Date of Issue of Development Permit: October 4, 2016 SIGNATURE OF DEVELOPMENT OFFICER Appeal Provisions and Date Expiry This Development Permit is: APPEALABLE NOT APPEALABLE 1. The issuance of an appealable Development Permit does not become effective until FOURTEEN (14) days after the date the order, decision or development permit is issued. If the Permit is not appealable, it takes effect on the date of issue. 2. Any person claiming to be affected by a appealable decision of the Development Officer may appeal the permit to the Development Appeal Board by serving written notice of appeal to the Secretary of the Development Appeal Board within FOURTEEN (14) days after notice of the decision is given. An appeal fee of $ is required per development application. 3. Should this decision be appealed to the Development Appeal Board, this Development Permit shall be suspended until such time as the appeal is decided and the permit is either varied or confirmed. 4. A permit issued in accordance with the notice of decision is valid for a period of twelve months from the date of issue. If at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Page 27 of 156

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30 Permit No. 16/162 DEVELOPMENT PERMIT CYPRESS COUNTY Developer: Darren & Cheryl Fischer Mailing Address: Location: Development involving: Plan Block 4 Lot 10 (365 East 6 th Avenue, Dunmore) Roll # Construct 12 x 6 addition onto existing deck (As further described on Application No. 16/162) has been: APPROVED, subject to the following conditions, and with the understanding it will be constructed as outlined in the submitted application. Any changes in set back, or changes to dimensions must be submitted and approved by the Development Officer. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 3. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 4. Alberta Municipal Affairs requires permits pursuant to the Safety Codes Act to be obtained prior to commencement of construction. Alberta Municipal Affairs has Authorized Accredited Agencies to review construction drawings, related documents and issue permits on their behalf. A list of Authorized Accredited Agencies are available at Cypress County office. 5. No additional hard surfacing will be permitted without prior approval. Date of Decision: October 4, 2016 Date of Issue of Development Permit: October 11, 2016 SIGNATURE OF DEVELOPMENT OFFICER Appeal Provisions and Date Expiry This Development Permit is: APPEALABLE NOT APPEALABLE 1. The issuance of an appealable Development Permit does not become effective until FOURTEEN (14) days after the date the order, decision or development permit is issued. If the Permit is not appealable, it takes effect on the date of issue. 2. Any person claiming to be affected by a appealable decision of the Development Officer may appeal the permit to the Development Appeal Board by serving written notice of appeal to the Secretary of the Development Appeal Board within FOURTEEN (14) days after notice of the decision is given. An appeal fee of $ is required per development application. 3. Should this decision be appealed to the Development Appeal Board, this Development Permit shall be suspended until such time as the appeal is decided and the permit is either varied or confirmed. 4. A permit issued in accordance with the notice of decision is valid for a period of twelve months from the date of issue. If at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Page 30 of 156

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33 Permit No. 16/164 DEVELOPMENT PERMIT CYPRESS COUNTY Developer: Brian McElgunn Mailing Address: Location: Development involving: Plan Block 31 Lot 5 (174 Ronald Avenue, Suffield) Roll # Move on 45 x 10 storage container (As further described on Application No. 16/164) has been: APPROVED, subject to the following conditions, and with the understanding it will be constructed as outlined in the submitted application. Any changes in set back, or changes to dimensions must be submitted and approved by the Development Officer. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 3. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 4. This permit is limited to a 6 month time period. The storage container is to be removed off of the property by April 15, Date of Decision: October 3, 2016 Date of Issue of Development Permit: October 11, 2016 SIGNATURE OF DEVELOPMENT OFFICER Appeal Provisions and Date Expiry This Development Permit is: APPEALABLE NOT APPEALABLE 1. The issuance of an appealable Development Permit does not become effective until FOURTEEN (14) days after the date the order, decision or development permit is issued. If the Permit is not appealable, it takes effect on the date of issue. 2. Any person claiming to be affected by a appealable decision of the Development Officer may appeal the permit to the Development Appeal Board by serving written notice of appeal to the Secretary of the Development Appeal Board within FOURTEEN (14) days after notice of the decision is given. An appeal fee of $ is required per development application. 3. Should this decision be appealed to the Development Appeal Board, this Development Permit shall be suspended until such time as the appeal is decided and the permit is either varied or confirmed. 4. A permit issued in accordance with the notice of decision is valid for a period of twelve months from the date of issue. If at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Page 33 of 156

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36 Permit No. 16/168 DEVELOPMENT PERMIT CYPRESS COUNTY Developer: Dwight Pahl Mailing Address: Location: Development involving: Plan Block 6 Lot 13 (448 East 9 th Avenue, Dunmore) Roll # Move on 16 x 12 garden shed (As further described on Application No. 16/168) has been: APPROVED, subject to the following conditions, and with the understanding it will be constructed as outlined in the submitted application. Any changes in set back, or changes to dimensions must be submitted and approved by the Development Officer. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 3. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. Date of Decision: October 6, 2016 Date of Issue of Development Permit: October 18, 2016 SIGNATURE OF DEVELOPMENT OFFICER Appeal Provisions and Date Expiry This Development Permit is: APPEALABLE NOT APPEALABLE 1. The issuance of an appealable Development Permit does not become effective until FOURTEEN (14) days after the date the order, decision or development permit is issued. If the Permit is not appealable, it takes effect on the date of issue. 2. Any person claiming to be affected by a appealable decision of the Development Officer may appeal the permit to the Development Appeal Board by serving written notice of appeal to the Secretary of the Development Appeal Board within FOURTEEN (14) days after notice of the decision is given. An appeal fee of $ is required per development application. 3. Should this decision be appealed to the Development Appeal Board, this Development Permit shall be suspended until such time as the appeal is decided and the permit is either varied or confirmed. 4. A permit issued in accordance with the notice of decision is valid for a period of twelve months from the date of issue. If at the expiry of this period, the development has not been commenced or carried out with reasonable diligence, this permit shall be null and void. Page 36 of 156

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39 Development Officer s Report Municipal Planning Commission May 10, 2016 Development Application 16/67 Forbes Bros Ltd nd Street Dunmore Plan Block 1 Lot 6 Total Size Acres Land Use District Hamlet Industrial Proposal Temporary Laydown/Staging Yard for Forbes Bros Ltd. Background Municipal Planning Commission granted approval for the above noted proposal in May Forbes Bros Ltd. is requesting an extension until December 2017 just for the storage of mats. All other material and equipment will be removed from the yard no later than December 1, Recommendation To approve the time extension for Development Permit Application 16/67 (Rev) until December 1, 2017, subject to the following conditions, and with the understanding the yard will be laid out as outlined in the said application. Any changes must be submitted and approved by the Development Officer. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 3. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 4. Alberta Municipal Affairs requires permits pursuant to the Safety Codes Act to be obtained prior to commencement of construction. Alberta Municipal Affairs has Authorized Accredited Agencies to review construction drawings, related documents and issue permits on their behalf. A list of Authorized Accredited Agencies are available at Cypress County office. 5. Upgrading the two existing approaches to Cypress County standards. Page 39 of 156

40 6. The stacks of mats are not to exceed 16 ft. in height and the lanes must be 16 ft. wide. 7. All fire breaks shall be maintained so that there shall be a 100 ft. separation from the CPR tracks and 50 ft. of separation on the east and west side. 8. All storage and equipment must be removed by December 1, 2016 and the Development Permit will expire at that time. 9. No hot work or fueling will be permitted onsite. 10. The water truck and the four water tanks and pumps will be on site at all times. Page 40 of 156

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44 Development Officer s Report Municipal Planning Commission Meeting October 11, 2016 Development Application 16/146 Kenco Construction Inc Box Springs Rd (NE W4) Total Size 160 Acres Land Use District A1-IDP Proposal Construct residence with attached garage, covered deck and covered entrance setback ft. (29.36m) from the centre of an undeveloped portion of Rge Rd 62. Therefore, the actual setback relaxation request is ft (10.26m). Background As shown on the aerial map, the existing access to the above noted quarter section lies within the City of Medicine Hat limits. When the application was originally submitted, staff requested the City s consent to allow permanent access for the proposed residence. As well, the private roadway leading to the quarter is a separate private land owner. The County is in receipt of the consent, however, the applicant is still requiring to contact the owner to the south to obtain an easement agreement. The County does not have the history on Box Springs Road, but it is assumed it was forced to the east due to the deep coulee of the northerly portion of the NE W4. It is unlikely the undeveloped portion of Rge Rd 62 would be upgraded due to the steep terrain. Since the private roadway is outside of the undeveloped road allowance, upgrading the road allowance will not be required. The proposed house will be located on a top of a slope but to achieve the placement, a significant amount of soil will be removed and most of the hill will be leveled off. The rear walkout footings will be bearing on native soil. Recommendation Option A To postpone the decision until there is evidence that an easement is registered on the certificate of title to guarantee the owners access onto their land. Option B To approve Development Permit Application 16/146, subject to the following conditions, and with the understanding the accessory building will be constructed as outlined in the submitted application. Any changes in setback must be resubmitted for approval by the Development Officer and/or Municipal Planning Commission. Page 44 of 156

45 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 3. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 4. All waste disposal shall be the responsibility of the Developer and/or Owner and at his expense. 5. The approval of this application does not in anyway obligate Cypress County to provide access to development. 6. Alberta Municipal Affairs requires permits pursuant to the Safety Codes Act to be obtained prior to commencement of construction. Alberta Municipal Affairs has Authorized Accredited Agencies to review construction drawings, related document and issue permits on their behalf. A list of Authorized Accredited Agencies are available at Cypress County office. 7. Any work or improvements in the County ditches including approaches between the property line and county roadway must be approved by the Public Works Department. 8. A soil bearing test must be completed by a professional engineer licensed to practice in the Province of Alberta before any work, other than excavation, commences on the development. A Soil Bearing Capacity Certificate must be provided at least three days before the framing inspection. 9. No pressurized irrigation systems be installed within the slope. 10. If underground lawn irrigation is to be installed on the subject site, it shall not be pressurized when not in use. 11. Surface drainage shall be maintained and controlled to promote drainage down and away from the slope in order to limit erosion of the slope. Water will not be allowed to pond and infiltrate into the site subsoils. 12. A weeping tile system is to be installed around the residence in order to intercept and control the surface runoff from flowing over the slope and causing erosion. 13. No swimming pools will be permitted. 14. No fill is to be added to the top of the slope. Page 45 of 156

46 15. No steepening of the slope should take place without written approval of a qualified geotechnical engineer. 16. Landscaping within the slope should consist of natural or other vegetation that does not require significant water and does not damage natural soil structure. 17. A 400mm culvert must be placed under the driveway to the east side of the private access to direct the drainage flow. 18. A setback relaxation of ft (10.26m). 19. Prior to commencement, the Easement Agreement, to gain access to the NE W4, must be registered on the Certificate of Title. Page 46 of 156

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71 Development Officer s Report Municipal Planning Commission Meeting October 11, 2016 Development Application 16/148 Susan Keir 118 Grenfell Ave, Suffield (Plan Block 2 Lot 3) Total Size sq. m. Land Use District Hamlet Commercial (HC) Proposal Two existing 8 X 40 storage containers Background The applicant sold her house and is requiring the existing storage containers to stay on the property as most of her furniture and belongings are stored in them. In a Hamlet Commercial District, one storage container is considered a Class 1 Discretionary Use. Additional containers are to be considered by the Municipal Planning Commission. The Municipal Planning Commission may impose the exterior finish of the storage container to match or compliment the exterior finish of the principal building. To date, there has been no concerns addressed by the public. Recommendation To approve Development Application 16/148, subject to the following conditions: 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 3. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. 4. The storage containers must be used for storage purposes only. Page 71 of 156

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76 Development Officer s Report Municipal Planning Commission Meeting October 11, 2016 Development Application 16/161 Ava Stasiuk & Adam Stoodley Plan Block 4 Lot 31 (NW W4) Total Size 2.74 Land Use District Hamlet Industrial (HI) Proposal To keep 2 horses and construct 800sq ft. portable/temporary horse pen. Background The above noted property is owned by Cypress County and the applicants have contacted staff to see if they can lease the land to keep 2 horses on. In the past, the horses were boarded by Seven Persons area and the applicants reside in Suffield. As well, Mr Stoodley works for Rightway Sanitation, company that is leasing County land directly west on Plan Block 31 Lot 5. As illustrated on the attached aerial map, the land surrounding is zoned A-2 and Hamlet Industrial. The land to the south, Plan 200AJ Block Y, owned by the County has a lease holder allowing to keep 4 horses. No additional approvals were required as the land is zoned A-2. Due to water restrictions in Suffield, the County is not able to supply water to any new commercial/industrial development due to restrictions from CFB Suffield. This limits any potential use of the land. The applicants would therefore be responsible to provide their own water. Recommendation To approve Development Application 16/161, subject to the following conditions. Any changes in the submitted application must be resubmitted for approval by the Development Officer and/or Municipal Planning Commission. 1. It is the responsibility of the Developer and/or Owner to ensure that any applicable Provincial and Federal statutes and regulations are complied with. 2. This Development shall comply with all regulations under the Land Use Bylaw except where a variance has been granted by the Municipal Planning Commission. 3. A new permit must be obtained for any future additions and/or changes in the use or the intensity of use of the land or buildings. Page 76 of 156

77 4. The approval of this application does not in any way obligate Cypress County to provide access to development. 5. Disposal of manure must be done on a weekly basis. 6. Adequate fencing must be completed and maintained to ensure containment of the horses. 7. Subject to annual review. Page 77 of 156

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83 16CY14 - CYPRESS COUNTY LOCATION: #25 1 st Avenue, Seven Persons CYPRESS COUNTY PLANNING COMMISSION STATUTORY APPLICATION DATE: September 1, 2016 LEGAL DESCRIPTION: PN SW W4, Plan , Block 2, Lot 10, Seven Persons PROPOSAL: To subdivide a 0.30 ha residential parcel into two separate titles. OWNER: Robert and Marilyn Fisher APPLICANT: Robert and Marilyn Fisher TYPE OF SUBDIVISION: Hamlet Residential Subdivision EXISTING LAND USE CLASSIFICATION: Hamlet Residential District HR PREVIOUS APPLICATIONS: 91SE26, 92SE76, 13CY20 RESERVE STATUS: Not Required SUBDIVISION BY: Plan (x) Instrument ( ) BACKGROUND INFORMATION: (September 1, 2016) This application is intended to subdivide a 0.30 ha (0.75 acres) residential parcel into two separate titles. The proposed north parcel will contain the existing residence, while the south parcel will contain the existing accessory building. The property is serviced with municipal water and sewer from First Avenue. The current parcel was created as a result of a previous subdivision (13CY20). Access to the proposed parcels will continue to be from First Avenue. Foster Street, which is immediately to the north is not a developed street. Money in place of municipal reserve was previously provided as a requirement of Subdivision 91SE26. CONSIDERATIONS FOR SUBDIVISION APPROVAL: (September 1, 2016) 1. The South Saskatchewan Regional Plan states that municipalities are responsible for the planning and development processes that ensure land is available for residential development to accommodate population growth. 2. If the application is to be approved, Section 655 of the Municipal Government Act, Statutes of Alberta 2000 Chapter M-26, states a subdivision authority may impose as a condition of subdivision approval a condition that the applicant enter into an agreement with the municipality to install or pay for the installation of a public utility to serve the subdivision, to pay an off-site levy imposed by bylaw, and to give security to ensure that the terms of the agreement are carried out. Section 663 states that a subdivision authority may not require the owner of a parcel of land that is the subject of a proposed subdivision to provide reserve land or money in place of reserve land if reserve land, environmental reserve easement, or money in place of reserve was previously provided in respect of land that is subject of the proposed subdivision under this part or the former Act. A municipality may register a caveat in respect of an agreement against the certificate of title, but then must discharge the caveat when the agreement has been complied with. Page 83 of 156

84 3. Part 2(9) of the Subdivision Regulations of the Municipal Government Act states that every proposed subdivision must provide direct access to a road, or lawful means of access satisfactory to the subdivision authority to each lot that is created. Part 14, Distance From A Highway, states that a subdivision authority shall not in a municipality, other than a city, approve an application for subdivision if the land is within 0.8 km of a highway right of way where the posted speed is 80 km per hour or greater unless the land is contained within an area structure plan satisfactory to the Minister of Transportation and the proposed use of the land is permitted under that plan. A waiver of sections 14 and 15(2) may be granted by the Minister of Transportation to the subdivision authority to allow for access to the parcel. 4. Section 3.7, Hamlet policies of the Municipal Development Plan states that the municipality supports the growth of existing hamlets as residential communities and local service centres. 5. Utility easements may be required between the proposed parcel and the remainder of the quarter section. 6. Separate municipal utility service connections for both water and sewer collection will be required for each individual lot at the expense of the developer. 7. In a Hamlet Residential District, the minimum lot area for a property with a water distribution system and sewage collection system is 465 metres squared (5000 square feet) with a minimum width of 15 metres (50 feet). 8. As a requirement for the County providing water, and the related infrastructure to allow for new development within the hamlet of Seven Persons, Bylaw 2007/22, Off-Site Levies For Seven Persons was adopted which requires a payment of $ be made by developers. As a requirement of the County providing sewer and the related infrastructure to allow for new development within the hamlet of Seven Persons to occur, Bylaw 2014/08, Water and Sewer Bylaw was adopted which requires that a payment of $ be made by developers. In the past, the County has required that the developer of any new subdivision be responsible to pay the necessary off-site levies for new water and sewer connections as a condition of the subdivision s approval so that the payment does not get overlooked at the time of issuing a development permit. However, the payment may also be deferred to the home builder at the time of development. STAFF REPORT: (October 6, 2016) 1. Cypress County Public Works replied that First Avenue is an oiled street, and Foster Street north of the proposed parcel is undeveloped. The existing streets in the hamlet are on the 2017 road construction program which are to be re-done with soil cement, and then re-oiled. 2. Cypress County Finance replied that there are no local improvement plans associated with this property. 3. Cypress County Utilities replied that there are problems with the sewer line in First Avenue, as a portion of the sewer line is not on grade and is sinking, and this is causing water to be held back within the pipeline. The pipe is consistently full, and therefore not draining properly, and is evident when the pipes are cleaned annually. (Note adding another residential connection to this existing line adds to the current problem) 4. AltaGas Utilities Inc. replied that they had no objections. 5. Alberta Transportation replied that the proposed subdivision is contrary to Section 14, and subject to the requirements of Section 15(2) of the Subdivision and Development Regulations. The parcel to be created and the remnant land is well removed from Highway 3 with indirect access to the Highway being gained solely by way of the Hamlet s internal street system. Therefore, the Department does not anticipate that the creation of the parcel would have any appreciable impact on the Highway. Therefore, pursuant to Section 16 of the Regulation, in this instance the Department grants a waiver of Sections 14 and 15(2). 6. In a Hamlet Residential District, the minimum lot area for a property requiring a water distribution system and sewage collection system is 465 metres squared (5000 square feet) with a minimum width Page 84 of 156

85 of 15 metres (50 feet). Both of the proposed lots are greater than 1416 metres square, and both lots are at least metres in width. STAFF RECOMMENDATION: APPROVAL, subject to the following conditions; 1. The developer is required to enter into a municipal services agreement with Cypress County, and to be in compliance with the terms of the agreement, to supply municipal improvements for water, sewer, and other utilities that are required for the lot that is furthest to the south, for supplying a separate access approach coming off of First Avenue for the lot furthest to the north, and for an overall storm water management plan that is to be submitted by a professional engineer. The municipal services agreement is to be executed prior to the subdivision s registration with Alberta Land Titles. 2. The developer is required to enter into an agreement with Cypress County to make a payment of $5,154.00, as a requirement of Bylaw 2007/22 Offsite Levies in the hamlet of Seven Persons, and $ , as a requirement of Bylaw 2014/08 Levying and Collecting Water And Sewer Service Charges, for the lot located furthest to the south. The payments must be paid in full to the County prior to the subdivision being registered with Alberta Land Titles. 3. The developer is required to supply copies of any utility right of way plans, easements, and/or agreements which are to be registered as a requirement for any affected utilities to the County prior to the subdivision s registration with Alberta Land Titles. Page 85 of 156

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87 16CY15 - CYPRESS COUNTY CYPRESS COUNTY PLANNING COMMISSION STATUTORY APPLICATION DATE: September 1, 2016 LOCATION: Township Road 124 west of Highway #523 LEGAL DESCRIPTION: PN NE W4 PROPOSAL: To subdivide a ha parcel, containing an existing residence, into a six lot multi-parcel country residential subdivision. OWNER: Barry and Michelle Stigter APPLICANT: Barry and Michelle Stigter TYPE OF SUBDIVISION: Country Residential Subdivision EXISTING LAND USE CLASSIFICATION: Country Residential District 2 CR-2 PREVIOUS APPLICATIONS: 62M7, 79SE135, LUA 2012/14(defeated), LUA 2015/39 RESERVE STATUS: Required SUBDIVISION BY: Plan (x) Instrument ( ) BACKGROUND INFORMATION: (September 1, 2016) This application is intended to subdivide a ha (53.69 acres) parcel, containing an existing residence and accessory building, for the purposes of creating a six lot multi-parcel, country residential subdivision. The property is situated along Township Road 124, and is approximately less than 0.4 km to the west of Highway #523. There have been previous country residential subdivisions that were subdivided in 1981 and 1989 from this quarter section. Both of these are situated in the south east corner of the quarter section and have direct access to Highway #523. The proposed area is currently dry pasture, and will be accessed from Township Road 124. It is possible for each of the proposed lots to be supplied with water from the local water co-op. Presently, there is one water co-op turnout to the property, but it is possible for the applicant to meet the water co-op s requirements to transfer water connection memberships to each of the 6 lots. The east side of the proposed subdivision area slopes to the east and down towards an SMRID drainage right of way (Plan 3519HX). There is a 1.93 ha (4.76 acres) parcel on the east side of this drainage right of way that is considered to be undevelopable due to topography. In addition, this area provides some wildlife habitat, and acts as a bit of a wetland. Therefore, it is felt that this isolated parcel is best left in its current state. There are numerous existing country residential parcels immediately across Township Road 124 to the north, and in the immediate area. The applicant s residence is situated within the quarter section, and is to the south of the SMRID drainage right of way (Plan 5298JK), and is outside of the six lot multi-parcel subdivision. The applicants gain access to their residence from the east off of Highway #523. Last year, the Council approved Bylaw 2015/39 to re-classify the proposed subdivision area to Country Residential District 2 to allow it to be in compliance with the Municipal Development Plan. As a multiparcel subdivision, this proposal is considered to be the 3 rd subdivision within the quarter section. Page 87 of 156

88 CONSIDERATIONS FOR SUBDIVISION APPROVAL: (September 1, 2016) 1. The South Saskatchewan Regional Plan states that municipalities are to identify their agricultural lands and to limit their fragmentation and conversion to non-agricultural uses. Under the Efficient Use Of Land principles, the Land Use Framework promotes approaches to reduce the amount of land that is taken up by permanent long-term developments by utilizing the minimum amount of land necessary. 2. Section 3.4, Country Residences, of the Municipal Development Plan states that new multi-parcel country residential subdivisions may be approved provided that the subdivision does not conflict with existing land uses. It is the developer s responsibility to provide access to each lot within the subdivision by means of an engineered, designed service road that complies with the County s standards. The developer is also to provide a potable domestic supply of water, capable of supplying 1250 cubic metres per year (0.5 gallon per minute) per parcel. The water sources may include one of the following options; water wells for each parcel which are supported by a professional hydrologist to substantiate the quantity and quality of the water, or through a domestic supply agreement with an irrigation district which includes individual on-site storage for a 200 day winter supply, or water supplied from an established water co-op. A maximum of 2 residential titles will be permitted to be subdivided per quarter outside of the Tri-Area IDP boundary. Any previously subdivided country residential subdivisions and/or agricultural titles will be counted towards the eligibility of any further subdivision proposals per quarter section. An existing multi-parcel subdivision within the quarter section will be counted as one title. 3. Section 655, of the Municipal Government Act, Statutes of Alberta 2000 Chapter M-26, states that a subdivision authority may require as a condition of a subdivision s approval that the developer enter into an agreement with the municipality to construct or pay for the construction of a road to give access to the development, that the developer agrees to install or pay for the installation of public utilities, and that the developer agrees to give security to ensure that the terms of the agreement are carried out. A municipality may register a caveat, under the Alberta Land Titles Act, in respect of the agreement against the certificate of titles to be registered. If a municipality registers a caveat, the municipality must discharge the caveat once the agreement has been complied with. Section 664 states that a subdivision authority may require the owner to provide part of the parcel as environmental reserve if it consists of a ravine, coulee, or natural drainage course. If the owner and the municipality agree, the land can be subject to an environmental reserve easement for the protection and enhancement of the environment. An easement may be registered against the land in favor of the municipality at the Land Titles Office. The environmental reserve easement must identify which part of the parcel the reserve easement applies to, and that the land that is subject to the easement remain in its natural state. If the application is to be approved, Section 666 states that a subdivision authority may require the owner of a parcel of land to meet the reserve requirement. A combination of land, through the registration of a reserve easement, and payment of money-in-lieu is recommended on the subdivided acreage. Section 666 states that the subdivision authority may require the owner to provide a combination of land and money for reserve purposes. When a combination of land and money is required, the sum of the percentage of land and the sum of the percentage of the applied market value of the land may not exceed 10%. Part 2(9), of the Subdivision Regulations of the Municipal Government Act, states that every proposed subdivision must provide direct access to a road, or lawful means of access satisfactory to the subdivision authority to each lot that is created. 4. Part 14, Distance From A Highway, of the Subdivision Regulations of the Municipal Government Act states that a subdivision authority shall not in a municipality, other than a city, approve an application for subdivision if the land is within 0.8 km of a highway right of way where the posted speed is 80 km per hour or greater. Part 15, Service Roads, a service road states a service road may not have to be provided if the proposed parcel and the remnant title gain access by means other than a highway. 5. Utility easements may be required between the proposed parcel and the remainder of the quarter section. Page 88 of 156

89 STAFF REPORT: (October 6, 2016) 1. Cypress County Public Works replied that Township Road 124 is a medium grade road. To meet the the County high grade standard, the road needs a 3:1 back sloping ditch cut for drainage, and the road grade needs to be raised to meet the 1.2 metre County standard. The total cost estimate would be $ To remove and replace the oil on the road, and repair the paved driveways will cost $ , while the remaining $ would be needed for the road construction. The estimates for the road construction are high because the coulee on this road has a 1200 mm culvert that would need to be extended when raising that section of the road to improve sight lines. 2. Cypress County Finance replied that there are existing local improvement plans for both dust control, and for 6 Westside Water Co-op connections. If the developer would like these local improvement plans to be transferred to the new parcels, then Finances requires that the developer provide written notification with these instructions. 3. Westside Water Co-op stated that the Co-op has supplied one water turnout for this development that is capable of supplying 6 water services. At present, there are 2 houses tied into this one connection. One service provides water to the house located within the proposed subdivision, and the other service is to the applicant s own residence outside of the proposed subdivision. Therefore, there are now only 5 water services available for transfer to the subdivided lots. The 6 th lot will require that some form of a guaranteed water supply be provided by the developer that complies with Section 3.4 of the Municipal Development Plan. 4. Telus replied that they have no concerns. 5. AltaGas Utilities replied that they have no objections. 6. City of Medicine Hat Natural Gas and Petroleum Resources replied that the area lies outside of the City s gas distribution franchise area. There is an abandoned pipeline running through the proposed subdivision in a north/south direction. There is to be no encroachment on the pipeline with buildings, trees, or other temporary structures. 7. Alberta Transportation replied that the proposal is contrary to Section 14 and subject to the requirements of Section 15(2) of the Subdivision and Development Regulation. The parcels to be created will be well removed from Highway 523 with indirect access to the Highway being gained solely by way of the local road system. The Department does not anticipate that the creation of the subdivision would have any appreciable impact on the Highway. Pursuant to Section 16 of the Regulation, in this instance the Department grants a waiver of Sections 14 and 15(2). 8. S.M.R.I.D. replied that the subdivision will be classified as dry. If water is required from the District for domestic purposes on the proposed subdivision lots, a water co-op must be established and a volume of water purchased from the District at the land owner s costs. 9. Cypress County Assessor provided a market value assessment of $8, per hectare for money in place of municipal reserve purposes. 10. Section 666 of the MGA states that the municipality may require the developer to provide a combination of land and money in place of reserve land to meet the reserve requirement. In this case, the total area of the proposed subdivision is ha in size. The north east corner of the quarter section that is being considered for the environmental easement is 1.93 ha in size. The difference is 0.24 ha in area. Therefore, if the environmental reserve easement is put in place, the County is eligible to charge the developer for 0.24 ha for money in place of municipal reserve in order to make up the maximum eligibility of 10% to meet the reserve requirement. 11. A detailed percolation test report, prepared by Parkland Geotechnical Consulting, has been submitted for the proposed site s suitability for septic disposal. The percolation test rates satisfied the Safety Codes Council for Alberta Private Sewage System Standard Practice, and the ground water table levels were relatively deeper than the accepted minimum depth of 1.8 metres below grade. Therefore, the use of conventional septic field systems appears to be suitable at the site. 12. The two lots located furthest to the east (4.28 ha and 3.23 ha) both slope downwards to the east. Therefore, protection of these slopes, and protection of the foundation from slumping may need to be a consideration. Page 89 of 156

90 13. Several letters were received from the nearby residents stating they would like the N.E. corner to be designated as environmental reserve which keeps the area from being developed into the future, and would continue to provide wildlife habitat. The letters are attached to this report. STAFF RECOMMENDATION: APPROVAL, subject to the following conditions; 1. If a local water co-op is to be the water source for all of the proposed lots within the development, then the submission of an executed water connection agreement or written verification from the local water co-op is to be submitted to the County. If groundwater is to be the source of the water supply, then the developer is responsible to provide the County with suitable evidence through a hydrogeological report, from a qualified water specialist, that there is sufficient groundwater, in terms of quantity and quality, to develop a water well for each of the proposed lots without infringing on the supply of water to other well users in the area. If irrigation water is to be the source of water supply, then the developer is to provide the County with an executed domestic supply of water agreement with the local irrigation district. The verification of the intended water source for all 6 lots must be provided by the developer to the County prior to the subdivision s registration with Alberta Land Titles. 2. The developer is to enter into a municipal services agreement with the County, and be in compliance with the terms of the agreement, which includes the construction of an engineered designed, paved, internal service road to supply access to the subdivision in compliance with the County s Policy R13 Hard Surfacing Roads In Rural Subdivisions. The agreement will also specify that the developer is to provide an irrevocable letter of credit for security associated with the internal service road, the installation for the supply of water and other utilities to service each lot, the submission of a storm water management plan that addresses and handles the storm runoff for a 1:100 year storm event within the entire subdivision area and for each lot, and the requirement for each individual lot owner to pay the County a tax for the benefit of the paved and oiled road surfaces that supply access to their property. The municipal services agreement is to be registered by way of a caveat against all of the titles within the subdivision at the time of the subdivision s registration with Alberta Land Titles. The applicant shall retain the services of a Professional Engineer, who shall be responsible for the design and preparation of drawings and specifications for all infrastructure and municipal improvements in accordance with the accepted engineering practices, and shall meet or exceed the Cypress County Design Guidelines and Construction Standards unless otherwise approved for a variance or relaxation of the Guidelines and Standards by the County. 3. The Developer is required to provide an irrevocable letter of credit to the County in the amount of 150% of the developer s engineer s calculated construction costs as part of the municipal services agreement. The irrevocable letter of credit is to be provided to the County prior to the subdivision s registration with Alberta Land Titles. 4. A stipulation will be written into the municipal services agreement that if any further subdivisions are developed adjacent to the access road or service road by someone other than the developer within 5 years of the date of the municipal services agreement, the County will collect on behalf of the Developer, 50% of the value as determined by the County for those improvements that are undertaken by the developer to service the new subdivision. 5. To meet the reserve requirement, the County and the developer agree that the County will register an environmental reserve easement against just that portion of the remainder of the agricultural title that is located to the north of Plan 3519HX in order to protect the coulee s slopes and maintain their stability, and to protect the wetland and wildlife habitat at this location. The property must remain in its current state. In addition, the developer is required to make a payment to the County for money in place of municipal reserve for 0.24 hectares, at a rate of $ per hectare, being 10% of the appraised market value of $8, per hectare. The payment is to be submitted to the County prior to the subdivision s registration with Alberta Land Titles. Page 90 of 156

91 6. The developer is to provide the County s Finances with written notification of the intention to transfer the local improvement taxes for the Westside Water Co-op, and for dust control to each of the individual lots within the subdivision. 7. A restrictive covenant is to be registered by the County against the two titles that are located furthest to the east. The restrictive covenant will stipulate that there is to be no ground disturbance of any kind within 10 metres of the point wherever the slope of the coulee exceeds 15%. 8. The developer is required to supply copies of any utility right of way plans, easements, and/or agreements which are to be registered as a requirement for any affected utilities to the County prior to the subdivision s registration with Alberta Land Titles. Page 91 of 156

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98 October 2016 Planner s Report For MPC Meeting 1. Desert Blume The subdivision plan has now been registered with Alberta Land Titles. The deficiency items that were identified have been corrected, and as a result the Construction Completion Certificates for 1 & 2 have been issued. The Development Officer will soon be approving development permits. County staff and the County s engineer met on site with the developer s engineer and the developer s contractor to review a back slop issue that backs onto the golf course. The back slope behind the lots were not constructed to the original approved design, as the slope was much steeper than 5:1. The County needed to ensure that a vehicle could get along this slope for gaining access to a storm water catch basin in the event maintenance was needed, and also to help reduce erosion of the slope which then deposits sediment into the storm curbs and the catch basin. To correct the problem, the Desert Blume Golf Course agreed to allow a portion of their hill and property to be removed to create the necessary 5:1 slope. The County is in the process of releasing a portion of the security back to the developer as a result of issuing the CCC s for what has been completed so far. 2. Subdivision Applications Endorsements were provided to the various surveyors for 15CY19, Jarvis, 15CY20, Cavan Ranch Ltd (Dunmore Equestrian Society), and 16CY11 Cypress County/Heydlauff. On September 12 th, County staff conducted a Construction Completion Certificate inspection for the pavement for 14CY05, Phase 6 of Eagleridge, and there were deficiencies that needed to be corrected. On September 27 th, a follow up inspection was conducted and the deficiencies had been corrected to the satisfaction of the County. As a result, the CCC for paving was issued, and the County is in the process of returning security back to the developer for both the paving and deep utilities. On September 27 th, Public Works and myself met on site with WSP Engineering to review and discuss the storm water management issues for 15CY02 (Martin), and 16CY18 (Jade Homes). 3. Subdivision Inquiries and Meetings I met with and/or discussed possible subdivisions with ten different land owners since the last MPC meeting. On September 16 th, I met with the Planning and Development staff from the County of Forty-Mile to discuss common planning issues. On September 19 th, I met with the City of Medicine Hat Planning and Development representatives to discuss green houses and country residential districts. On September 22 nd I met with representatives from Lansdown Equity Ventures to discuss the development of their 39 lots on the west side of Irvine. Page 98 of 156

99 4. Land Use Amendments A public hearing was held on October 4 th for Bylaw 2016/37, Brost Land & Cattle Co. Ltd., and Council gave approval. A public hearing will be held on October 18 th for Bylaw 2016/41 which is proposed to amend the current Land Use Bylaw 2016/16. See Planner s Report #6 for further details on the proposed amendments. Bylaw 2016/40, Eagles, and Bylaw 2016/42, Fischer, received 1 st reading, and the public hearings for both of these applications will be held on November 1 st. 5. Pteragen Time Extension Request To AUC an application for a time extension has been submitted to the Alberta Utilities Commission to complete their 60 wind turbines, substation, and collector system by the end of Currently, Pteragen is reassessing their wind turbine equipment to determine whether or not to change to a different type of turbine. Once this has been determined, Pteragen will re-initiate the development permit application process for their wind project. 6. Amendments To Land Use Bylaw below are the key changes that are being proposed to Council to amend the Land Use Bylaw on October 18th; Including a statement that site coverage restrictions will be applied in various districts for garden sheds that are less than 100 sq. feet in area and that otherwise do not require a development permit, Change the approval requirement from the Council to the MPC for irrigation pivots and pump houses to be located adjacent to public roads, Include a general definition for Hamlet Commercial, Hamlet Industrial, and Hamlet Residential Districts, Include a regulation that accessory buildings are not to be permitted as a standalone building in the various residential districts unless otherwise approved by the MPC, Include regulations within the Hamlet Residential and Hamlet General Districts that allows up to a maximum of 4 chickens as a Class II Discretionary Use that is subject to annual review, Include a regulation to the Agricultural District 4 (A-4 Greenhouse) that the greenhouse operator is required to install artificial lighting control, as a condition of the development approval, in order to reduce the illumination that may affect the adjacent land owner s enjoyment of their property, Amend the Country Residential District 2 (CR-2) by reducing the maximum lot size from 6 ha (15 acres) to 4.04 ha (10 acres) to be more in compliance with the South Saskatchewan Regional Plan by Page 99 of 156

100 minimizing the amount of area that is taken up by permanent development, Amending Schedule E Private Sign Regulations by changing the authority of portable signs from a Class II Discretionary Use to a Class I Discretionary Use, and adding regulations to allow for electronic display signs that will be considered as a Class II Discretionary Use, Amending Schedule F Dog Breeding and Boarding Kennels by stating that a dog kennel shall not be permitted closer than 200 m from another residence or within 50 m of an adjacent property line unless otherwise approved by the MPC, and adding a regulation that if a permit is issued by the MPC it will be subject to annual review, Adding and amending various land use district maps as a result of recent land use re-classifications, and subdivision registrations, Page 100 of 156

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103 CYPRESS COUNTY BYLAW 2016/41 A Bylaw of Cypress County in the Province of Alberta to amend Bylaw 2016/16, being the Cypress County Land Use By-law. PURSUANT TO the provisions of the Municipal Government Act, being Chapter M-26 of the Revised Statutes of Alberta, 2000, and amendments thereto, the Council of Cypress County, in the Province of Alberta, duly assembled, ENACTS AS FOLLOWS: 1. Whereas the Cypress County Land Use Bylaw 2016/16 requires an amendment by amending Part III Procedure For Development Permits, by amending Part VI Land Use District And Regulations by amending certain Districts by adding some general definitions, by amending certain Districts by amending the accessory building regulations and site restriction regulations, by amending Schedule E Private Sign Regulations, by amending Schedule F Dog Breeding and Boarding Kennels, and by amending Schedule G Land Use District Maps, all as shown in Schedule A. 2. Having held a public hearing on the matter, Cypress County Land Use Bylaw 2016/16 as amended, is hereby amended by amending Part III Procedure For Development Permits, by amending Part VI Land Use District And Regulations by amending certain Districts by adding some general definitions, by amending certain Districts by amending the accessory building regulations and site restriction regulations, by amending Schedule E Private Sign Regulations, by amending Schedule F Dog Breeding and Boarding Kennels, and by amending Schedule G Land Use District Maps, all as shown in Schedule A. 3. This bylaw shall take effect upon final passage thereof. Read a first time this 20th day of September, Read a second time this day of, Read a third time and finally passed this day of, Reeve Designated Officer Page 103 of 156

104 CYPRESS COUNTY BYLAW 2016/41 Schedule A (New text is shown in red font, and deleted text is shown with a strikeout through) Page 104 of 156

105 PART III PROCEDURE FOR DEVELOPMENT PERMITS 12. PERMISSION FOR DEVELOPMENT (1) Subject to Section 13, no development shall be commenced unless a development permit has been obtained from the Development Officer or the Municipal Planning Commission, as the case may be. 13. DEVELOPMENT DEEEMED APPROVED (1) The following developments shall not require a development permit provided that such development complies with setback provisions of Section 47 or any other applicable sections of this Bylaw. (a) farm developments; i. the cultivation of grazing land; ii. the development of haystacks, portable granaries, permanent farm buildings under m 2 (500 ft 2 ) portable wind breaks, and portable corral pannels; (b) garden sheds located on skids, to a maximum of 9.29 m 2 (100 ft 2 ) in area, provided that the garden shed complies with the applicable site coverage restrictions for the District that it is located within; (c) shelter belts, hedges, reservoirs, dugouts, wells, sewage disposal fields; (d) the development of non wire fences, ornamental trees, corrals or other means of enclosure which comply with Section 47 of the Bylaw; (e) the County s use of land which it either owns or has an equitable interest in for a purpose approved by Council in connection with any public utility; (f) the carrying out of maintenance, renovations or repairs to any building, provided that such works do not include structural alterations or major works of renovation; (g) a temporary building of construction of a Development deemed approved or approved by Development Permit, during the period of construction; (h) all irrigation works as defined in the Irrigation Districts Act, RSA 2000, Chapter I 11. Any new irrigation works adjacent to public roads shall have prior approval of Council the Municipal Planning Commission; (i) pipelines and ancillary facilities as defined in the Pipelines Act. Any new facilities adjacent to public roads shall have the prior approval of Council; (j) public signs including signs approved pursuant to the Public Highways Development Act. (2) Wire and rail fences shall be exempt from the setback provisions of the Bylaw. Page 105 of 156

106 AGRICULTURAL DISTRICT 4 (A 4 GREENHOUSE) THE GENERAL PURPOSE OF THIS DISTRICT IS TO PERMIT ACTIVITIES ASSOCIATED WITH GREENHOUSE PRODUCTION THAT REQUIRES SPECIFIC LIGHTING FOR THE PURPOSES OF STIMULATING AND/OR ENHANCING THE GROWTH OF A GREENHOUSE CROP, AND TO STRENGTHEN THE AGRICULTURAL CHARACTER OF THIS DISTRICT. (1) PERMITTED USES (1) None (2) CLASS I DISCRETIONARY USES (1) Accessory dwelling unit (upon completion of greenhouses) (2) Accessory buildings and uses (3) Addition to existing greenhouse (4) Home occupation (5) Move in accessory buildings (6) Private signs (7) Public and quasi public buildings and uses (8) Three or more storage containers (9) Solar energy panels and associated equipment for personal or individual use (3) CLASS II DISCRETIONARY USES (1) Greenhouse (more than 139m 2 of maximum floor area) (2) Additional dwelling unit(s) or mobile home(s) or move in residences (3) Agricultural processing plants (4) Farm subsidiary occupation (5) Market garden and retail store (6) Plant nursery (7) Top soil stripping (8) Other uses consistent with the Definition of General Purpose of the Land Use District as approved by the Municipal Planning Commission (4) MINIMUM LOT AREA 2 hectares (5 acres) or as required by the Municipal Planning Commission (5) MINIMUM YARD REQUIREMENTS Front Side Flankage Rear See Section metres See section metres (10 feet) (10 feet) *The greenhouse structure must be setback a minimum distance of at least 100 metres from the closest point pf the greenhouse structure to the wall of the closest existing neighbouring residence. (6) SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following Regulations shall apply: (1) All developments must have access to an assured supply of water. Page 106 of 156

107 (2) The developer of a new greenhouse, or an existing greenhouse, or an existing greenhouse expansion will be required to install artificial lighting control, as a condition of the development s approval, in order to reduce illumination that may affect the adjacent land owner s enjoyment of their property. A detailed description of the proposed lighting control device is to be included and submitted as part of the development application for the Municipal Planning Commission s consideration. (3) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. (4) A dwelling unit shall be located a minimum distance of 100 metres (328 feet) away from a gas or oil well, or may be within a lesser distance with written approval from the Alberta Energy Regulator. Distances are measured from the well head to the dwelling. Page 107 of 156

108 COUNTRY RESIDENTIAL (CR) THIS DISTRICT IS ESTABLISHED FOR COUNTRY RESIDENTIAL DEVELOPMENT OF TWO OR MORE PARCELS PER QUARTER SECTION. THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF COUNTRY RESIDENCES. HOWEVER, WITH THE EXCEPTION OF SITES DESIGNATED AS COUNTRY RESIDENTIAL DISTRICT (CR) ON THE DATE OF THE ADOPTION OF THE TRI AREA IDP, IT SHALL NOT BE APPLIED TO THE POTENTIAL GROWTH AREA AND THE URBAN RESERVE (REDCLIFF) AREA OF THE TRI AREA IDP. 1. PERMITTED USES (1) Accessory buildings and uses (maximum of five) (2) Dwelling unit (3) Public parks and playgrounds (4) Swimming pool 2. CLASS I DISCRETIONARY USES (1) Home occupation (office use only) (2) Move in buildings (including residence/dwelling, and accessory buildings) (3) Mobile homes (4) Storage container (maximum of one) (5) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY (1) Additional dwelling unit(s) (2) Family care home (3) Home occupation (4) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission (5) Additional accessory buildings (6) Public and quasi public buildings and uses 4. MINIMUM LOT AREA 0.6 hectares (1.5 acre), or all the land which is contained within an existing certificate of title 5. MAXIMUM LOT AREA 4 hectares (10 acres) 6. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 9.14 metres 6.09 metres 9.14 metres* 7.62 metres (30 feet) (20 feet) (30 feet) (25 feet) 7. MAIN BUILDING RESTRICTIONS Maximum building height 12.1 metres (40 feet) 8. ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall have the same yard requirement as the principal building. Page 108 of 156

109 (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. (3) An accessory building shall not exceed 7.0 metres (23 feet) in height. (4) An accessory building shall not exceed m 2 (1,600 ft 2 ) in area. The maximum floor area of accessory buildings shall be m 2 (2,800 ft 2 ). No development Officer Discretion permitted. (5) An accessory building shall not be permitted as a standalone building unless otherwise approved by the Municipal Planning Commission. All accessory buildings must be accessory to a dwelling. The dwelling is to be considered the primary use. 9. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (a) For number of livestock allowed, see Section 49. Any off spring over the maximum number of approved animals shall be removed from the site within six months. (b) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent landowners. (c) Not more than three dogs, excluding unweaned pups, shall be kept on a site. (d) Any dogs, cats and other domestic animals kept on a site must be controlled so that they do not create a nuisance. Page 109 of 156

110 COUNTRY RESIDENTIAL DISTRICT 2 (CR 2) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF LOW DENSITY COUNTRY RESIDENCES AND MINOR AGRICULTURAL PURSUITS IN CYPRESS COUNTY. HOWEVER, WITH THE EXCEPTION OF SITES DESIGNATED AS COUNTRY RESIDENTIAL DISTRICT 2 (CR 2) ON THE DATE OF ADOPTION OF THE TRI AREA IDP, IT SHALL NOT BE APPLIED TO THE POTENTIAL GROWTH AREA AND THE URBAN RESERVE (REDCLIFF) AREA OF THE TRI AREA IDP. 1. PERMITTED USES (1) Accessory buildings and uses (maximum of five) (2) Dwelling unit (3) Public parks & playgrounds (4) Swimming pools 2. CLASS I DISCRETIONARY USES (1) Bed and breakfast facility (2) Greenhouse, nursery garden (3) Home occupation (office use only) (4) Move in buildings (residence/dwelling, and accessory buildings) (5) Mobile homes (6) Storage container (maximum of one) (7) Solar energy panels and associated equipment for personal use 3. CLASS I DISCRETIONARY USES (1) Additional accessory buildings and uses (2) Family care home (3) Home occupation (4) Public buildings or uses and public utility buildings or uses required to serve the district (5) Public and quasi public buildings and uses (6) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA 2 hectares (5 acres), or all the land which is contained within an existing certificate of title. 5. MAXIMUM LOT AREA hectares (15 10 acres) 6. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 20 metres* 20 metres 20 metres* 20 metres (65.6 feet) (65.6 feet) (65.6 feet) (65.6 feet) 7. MAIN BUILDING RESTRICTIONS Maximum building height 12.1 metres (40 feet) 8. ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall have the same yard requirement as the principal building Page 110 of 156

111 (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building (3) An accessory building shall not exceed 7.0 metres (23 feet) in height. (4) An accessory building shall not exceed m 2 (2,400 ft 2 ). The maximum floor area of accessory buildings shall be 302 m 2 (4,000 ft 2 ). No Development Officer Discretion permitted. (5) Unless otherwise approved, an accessory building shall not be used for living purposes. (6) Unless approved for a home occupation, an accessory building shall not be used for a commercial or light industrial business operation. (7) An accessory building shall not be permitted as a standalone building unless otherwise approved by the Municipal Planning Commission. All accessory buildings must be accessory to a dwelling. The dwelling is to be considered the primary use. 9. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) For number of livestock allowed, see Section 49. Any off spring over the maximum number of approved animals shall be removed from the site within six months. (2) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent land owners. (3) Not more than three dogs, excluding unweaned pups, shall be kept on a site. (4) Any dogs must be controlled so that they comply with the Dog Control Bylaw. Page 111 of 156

112 LIMITED COUNTRY RESIDENTIAL IDP DISTRICT (CR IDP) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF LIMITED COUNTRY RESIDENTIAL USES AND MINOR AGRICULTURAL PURSUITS IN COMPLIANCE WITH THE LIMITED COUNTRY RESIDENTIAL USE PROVISIONS OF THE TRI AREA INTERMUNICIPAL DEVELOPMENT PLAN (IDP), THIS BYLAW AND ANY OTHER STATUTORY PLANS THAT MAY BE IN EFFECT. 1. PERMITTED USES (1) Accessory buildings and uses (maximum 5) (2) Country residences in compliance with the Limited Country Residential Use provisions of the Tri Area IDP (3) Public parks and playgrounds (4) Swimming pools 2. CLASS I DISCRETIONARY USES (1) Bed and breakfast facility (2) Greenhouse, nursery garden (3) Home occupation (4) Move in buildings for residential uses and accessory uses that are permitted or discretionary uses in this District, in compliance with the Limited Country Residential Use provisions of the Tri Area IDP. (5) Mobile homes in compliance with the Limited Country Residential Use provisions of the Tri Area IDP. (6) Storage container (maximum of one) (7) Solar energy panels and associated equipment for personal use 3. CLASS I DISCRETIONARY USES (1) Additional accessory buildings and uses (2) Family care home (3) Public buildings or uses and public utility buildings or uses required to serve the district. (4) Public and quasi public buildings and uses (5) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission that are in compliance with the Limited Country Residential Use provisions of the Tri Area IDP. 4. MINIMUM AREA OF A PARCEL ELIGIBLE FOR SUBDIVISION In order to be eligible for further subdivision, a parcel must be greater than hectares (40 acres) in size. Subdivision of a parcel hectares (40 acres) or less shall not be permitted. 5. MINIMUM AREA OF A LOT PROPOSED TO BE CREATED BY A SUBDIVISION The cumulative area of all lots subdivided from a parcel that is the subject of a proposed subdivision, shall not exceed 10% if the area of the parcel as it existed on the date of the adoption of the Tri Area IDP. 6. MAXIMUM CUMULATIVE Page 112 of 156

113 The cumulative area of all lots subdivided from a parcel that is the subject of a proposed subdivision, shall not exceed 10% of the area of the parcel as it existed on the date of the adoption of the Tri Area IDP. 7. MAXIMUM LOT DENSITY The maximum subdivision density allowed to be subdivided from a parcel shall not exceed the equivalent ratio of 1 lot for every hectares (40 acres) of the parcel as it existed on the date of the adoption of the Tri Area IDP. This represents the equivalent of 4 parcels plus the balance of the quarter for a total maximum of 5 parcels from an unsubdivided hectare (160 acre) quarter section. 8. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 9.14* metres 6.09 metres 9.14 metres* 7.62 metres (30 feet) (20 feet) (30 feet) (25 feet) *Minimum yard distance from subdivision streets or service roads. Setbacks from County roads shall be in compliance with Section 47 of the General Land Use Regulations. 9. MAIN BUILDING RESTRICTIONS Maximum building height 12.1 metres (40 feet) 10. ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall have the same yard requirements as the principal building. (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. (3) An accessory building shall not exceed 7 metres (23 feet) in height. (4) An accessory building shall not exceed m 2 (1,600 ft 2 ) in area. The maximum floor area of accessory buildings shall be m 2 (2,800 ft 2 ). No Development Officer Discretion permitted. (5) Unless otherwise approved, an accessory building shall not be used for living purposes. (6) Unless approved for a home occupation, an accessory building shall not be used for a commercial or light industrial business operation. (7) An accessory building shall not be permitted as a standalone building unless otherwise approved by the Municipal Planning Commission. All accessory buildings must be accessory to a dwelling. The dwelling is to be considered the primary use. 11. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) For the number of livestock allowed, see Section 49. Any off spring over the maximum number of approved animals shall be removed from the site within six months. (2) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent landowners. (3) Not more than three dogs excluding unweaned pups, shall be kept on site. (4) Any dogs must be controlled so that they comply with the Dog Control Bylaw. Page 113 of 156

114 12. LIMITED COUNTRY RESIDENTIAL USE PROVISIONS OF THE TRI AREA IDP Limited Country Residential Use Provisions of the Tri Area IDP is a term meaning provisions Section 2.6 Potential Growth Area and those parts of Section 2.11 Urban Reserve (Redcliff) applicable to the lands south of Highway #1. Whenever the phrase in compliance with the Limited Country Residential Use provisions of the Tri Area IDP, or a variation of this phrase, is used in description of a permitted or discretionary use in this Bylaw. (1) The provisions are an integral part of the description of the use, and (2) The use must comply with these provisions, without variation or waiver except to the extent expressly allowed in Section 2.6 or 2.11 of the Tri Area IDP, in order to constitute the permitted or discretionary use in question. For convenience of reference, Schedule G shows maps of the lands that are subject to Country Residential Use. The full text of Sections 2.6 and 2.11 of the Tri Area IDP is found in schedule H and these policies have been reflected in this district. Page 114 of 156

115 CYPRESS HILLS FRINGE DISTRICT (CHF) THE PURPOSE OF THIS DISTRICT IS TO REGULATE THE SUBDIVISION AND DEVELOPMENT OF CLUSTERED COUNTRY RESIDENTIAL DEVELOPMENT IN CONFORMITY WITH THE POLICIES, SPIRIT, AND INTENT OF THE CYPRESS HILLS FRINGE AREA STRUCTURE PLAN. 1. PERMITTED USES (1) Accessory buildings and uses (maximum 5) (2) Public parks and playgrounds (3) Single dwelling unit 2. CLASS I DISCRETIONARY USES (1) Private signs (2) Move in buildings (including residence/dwelling, and accessory buildings) (3) Mobile homes (4) Storage container (maximum of one) (5) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Additional accessory buildings and uses (2) Bed and breakfast facility (3) Commercial uses in support of the principal residential area (4) Family care home (5) Home occupations (6) Public and quasi public buildings and uses 4. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 9.14 metres* 4.57 metres 9.14 metres* 7.62 metres (30 feet) (15 feet) (30 feet) (25 feet) *Minimum yard distance from subdivision streets or service roads. Setbacks from County roads shall be in compliance with Section 47 of the General Land Use Regulations. 5. MAXIMUM BUILDING HEIGHT All uses 9.14 metres (30 feet) 6. MINIMUM PARCEL AREA ha (0.5 acres) 7. MAXIMUM PARCEL SIZE AND SUBDIVISION DENSITY Parcels containing ha (1 acre) or less recommended. Larger parcel sizes may be considered but the total development shall not occupy an area greater than 10 ha (40 acres) or 25% of the original undeveloped parcel, whichever is less. 8. ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall have the same yard requirement as the principal building. Page 115 of 156

116 (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. (3) An accessory building shall not exceed 7.0 metres (23 feet) in height. (4) An accessory buildings shall not exceed 111 m 2 (1,200 m 2 ) in area. The maximum floor area of accessory building shall be 223 m 2 (2,400 m 2 ). (5) Unless otherwise approved, an accessory building shall not be used for living purposes. (6) Unless approved for a home occupation, an accessory building shall not be used for a commercial or light industrial business operation. (7) An accessory building shall not be permitted as a standalone building unless otherwise approved by the Municipal Planning Commission. All accessory buildings must be accessory to a dwelling. The dwelling is to be considered the primary use. 9. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) For the number of livestock allowed, see Section 49. Any offspring over the maximum number of approved animals shall be removed from the site within six months. (2) A development permit may be issued for the keeping of additional animals if the Council is of the opinion that it will not affect the amenities of the adjacent landowners. (3) Not more than three dogs excluding unweaned pups, shall be kept on a site. All dogs must be controlled so that they comply with the Dog Control Bylaw. 10. ON SITE WATER DISPOSAL Sufficient on site water supply capacity to service proposed parcels will be required to be provided with assurance of supply. 11. ON SITE SEWAGE DISPOSAL Piped sewage disposal systems required in accordance with Alberta Environment requirements. 12. SUBDIVISION DESIGN (1) Clustering of parcels shall be required in accordance with requirements of Cypress Hills Fringe Area Structure Plan. (2) Site suitability criteria respecting subdivision design and parcel layout shall be in accordance with the Cypress Hills Fringe Area Structure Plan. (3) In addition to the regulations of this District, the County shall adhere to the policies and guidelines contained in the Cypress Hills Fringe Area Structure Plan. Page 116 of 156

117 HAMLET COMMERCIAL DISTRICT (HC) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF COMMERCIAL USES IN ORDER TO ACHIEVE ORDERLY DEVELOPMENT WITHIN THE HAMLET. (1) PERMITTED USES None. (2) CLASS I DISCRETIONARY USES (1) Accessory buildings and uses (excluding residences) (2) Hotel (3) Motel (4) Move in buildings (5) Offices (6) Personal services (7) Private sign (8) Pool Hall (9) Post office (10) Restaurant (11) Retail store (12) Service Station (13) Storage Container (maximum of one) (14) Car wash (15) Solar energy panels and associated equipment for individual use (3) CLASS II DISCRETIONARY USES (1) Accessory dwelling or mobile home or move in residence/dwelling (2) Automotive sales and repairs (3) Liquor stores, pubs, and other licensed premises (4) Public building and uses (5) Quasi public buildings and uses (6) Repair shops (7) Licensed Medical Marijuana Production Facility (8) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission (4) MINIMUM LOT AREA (1) No sewage collection system 1,800m 2 (19,375 ft 2 ) with a minimum width of 31 metres (100 feet) (2) Water distribution and sewage collection system 464.5m 2 (5,000 ft 2 ) with a minimum width of 15 metres (50 feet) (5) MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 3 metres 0* 3 metres* 3 metres (10 feet) (10 feet) (10 feet) *Where no lane exists, one side yard shall be extended to 4.5 metres (15 feet) Page 117 of 156

118 (6) OFF STREET PARKING Off street parking shall be provided in accordance with Section 61 Off street Parking Regulations for the type of use proposed, and the number of parking stalls shall be determined by the Development Officer or the Municipal Planning Commission. (7) SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulation shall apply: (1) An accessory building may be used as a residence in a commercial district for security or fire protection purposes for the main building or use of the site. (2) An accessory building shall have the same minimum yard requirements as the principal building Page 118 of 156

119 HAMLET GENERAL DISTRICT (HG) THIS DISTRICT IS ESTABLISHED FOR RESIDENTIAL DEVELOPMENT AND THE KEEPING OF A LIMITED NUMBER OF ANIMALS WITHIN A DESIGNATED HAMLET. 1. PERMITTED USES (1) Accessory building or uses (2) Dwelling (3) Parks and playgrounds (4) Swimming pools 2. CLASS I DISCRETIONARY USES (1) Home occupation (office use only) (2) Move in buildings (including residence/dwelling, and accessory buildings) (3) Mobile homes (4) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Additional dwelling unit(s) (2) Family care home (3) Home occupation (4) Public and quasi public uses (5) Keeping of chickens (maximum of 4 laying hens) (6) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA (1) Water but no sewage collection system 1,800 m 2 (20,000 ft 2 ) with a minimum width of 30 metres (100 feet) (2) Water distribution and sewage collection system 465m 2 (5,000 ft 2 ) with a minimum yard width of 15 metres (50 feet) 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 7.62 metres 1.52 metres* 3 metres 3 metres (25 feet) (5 feet) (10 feet) (10 feet) *For mobile homes, the side yard shall be increased to a 4.5 metres (15 feet) of the side which the main entrance door is located. 6. OFF STREET PARKING (1) As required by the Development Officer or the Municipal Planning Commission 7. ACCESSORY BUILDINGS (1) An accessory building shall not be constructed within the front flankage yard of any parcel. Page 119 of 156

120 (2) An accessory building shall be located at least 1.52 metres (5 feet) from the principal building. (3) An accessory building shall be located at least 1 metre (3 feet) from the side property line and 1.52 metres (5 feet) from the rear property line, except where a rear vehicular entrance is located, in which case the distance to the lane will be extended to 5.5 metres (18 feet). (4) An accessory building shall not exceed 6.0 metres (20 feet) in height. (5) Maximum site coverage for all structures and hard surfacing is not to exceed 30% of the total lot area. (6) An accessory building shall not exceed m 2 (1,200 ft 2 ) in area. The maximum floor area dedicated to accessory buildings shall be 139 m 2 (1,500 ft 2 ) or 15% of total lot area, whichever is less. No Development Officer discretion permitted. (7) Unless otherwise approved, an accessory building shall not be used for living purposes. (8) Unless approved for a home occupation, an accessory building shall not be used for a commercial or light industrial business operation. (9) An accessory building shall not be permitted as a standalone building unless otherwise approved by the Municipal Planning Commission. All accessory buildings must be accessory to a dwelling. The dwelling is to be considered the primary use. 8. SITE RESTRICTIONS (1) In addition to the requirements of the General Land Use Regulations and Schedules, the following regulation shall apply: (a) Skirting of mobile homes, including finishing, must be completed within 30 days of the date a mobile home is placed on a site. (b) Appearance, design, and construction of accessory structures or additions must compliment the design of the mobile home. (c) All mobile homes shall conform to the CSA Z240 Standard. (d) Each parcel within a Hamlet General District with a minimum area of 1800m 2 is allowed to keep 2 horses or 2 cows. Equivalencies for other types of animals may be based of the formula outlined in Section 48 of the Land Use Bylaw. Any off spring of the approved animals must be removed from the site within a maximum of six months. (e) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent landowners. (f) A maximum of up to 4 chickens (laying hens for personal use only) may be allowed. Each chicken must be provided with at least 0.37 m 2 (4 ft 2 ) of interior floor area within an enclosed, secure coop for shelter and housing. The coop must be well maintained, and kept in good sanitary condition that prevents nuisance odors. The coop will be counted towards the hard surfacing and site coverage of the property. All manure must be removed and disposed of in a timely and proper manner to prevent nuisance issues which result in complaints from adjacent neighbors. Any and all manure stored on site must be kept in a fully enclosed container until properly disposed. Roosters will not be permitted, and there will be no breeding allowed. The issuance of a development permit by the Municipal Planning Commission may be subject to an annual review. The development permit will not be transferable from one owner to the next, or from one property to another. Page 120 of 156

121 HAMLET INDUSTRIAL DISTRICT (HI) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF INDUSTRIAL USES IN ORDER TO ACHIEVE ORDERLY DEVELOPMENT WITHIN THE HAMLET. 1. PERMITTED USES None. 2. CLASS I DISCRETIONARY USES (1) Accessory buildings and uses (excluding residences) (2) Bulk oil and fertilizer storage (excluding ammonia) (3) Farm equipment sales, repair and assembly (4) Automotive sales and repairs (5) Grain elevators (6) Lumber sales (7) Move in buildings (8) Private signs (9) Welding and repair shops (10) Warehouses (11) Storage container (12) Car and truck wash (13) Solar energy panels and associated equipment for individual use 3. CLASS II DISCRETIONARY USES (1) Accessory dwelling or accessory mobile home or move in residence/dwelling (2) Concrete manufacturing (3) Manufacturing operations (4) Salvage yards (5) Storage and maintenance yards and facilities (6) Trucking and freight terminals (7) Retail sales and storage for mobile homes and modular homes (8) Licensed Medical Marihuana Production Facility (9) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA: 0.4 hectare (1 acre) 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 7.62 metres 3 metres 7.62 metres 3 metres (25 feet) (10 feet) (25 feet) (10 feet) * The front yard requirement shall be increased to 15 metres (50 feet) if parking is provided at the front of the building. 6. OFF STREET PARKING Page 121 of 156

122 (1) Off street parking shall be provided in accordance with Section 61 Off street Parking Regulations for the type of use proposed, and the number of parking stall shall be determined by the Development Officer or the Municipal Planning Commission. 7. SITE RESTRICTIONS (1) In addition to the requirements of the General Land Use Regulations and Schedules, the following regulation shall apply: (2) All unenclosed storage shall be securely fenced or screened from view so as not to detract from surrounding areas. (3) An accessory building may be used as a residence in a commercial or industrial district for security or fire protection of the main building or use of the site. (4) An accessory building shall have the same minimum yard requirements as the principal building. Page 122 of 156

123 HAMLET RESIDENTIAL DISTRICT (HR) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF RESIDENTIAL USES IN ORDER TO ACHIEVE ORDERLY DEVELOPMENT WITHIN THE HAMLET. 1. PERMITTED USES (1) Accessory buildings and uses (2) Dwelling or mobile home (3) Parks and playgrounds (4) Swimming pools 2. CLASS I DISCRETIONARY USES (1) Dwelling, semi detached (2) Home occupation (office use only) (3) Move in buildings (includes residence/dwelling, and accessory buildings) (4) Mobile homes (5) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Dwelling, multi unit (2) Family care home (3) Home occupation (4) Post office (5) Public and quasi public buildings and uses (6) Keeping of chickens (maximum of 4 laying hens only) (7) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA (1) No sewage collection systems 1,800 m 2 (19,375 ft 2 ) with a minimum width of 30 metres (100 feet) (2) Water distribution and sewage collection system 465 m 2 (5,000 ft 2 ) with a minimum width of 15 metres (50 feet) 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 7.62 metres *1.52 metres 3 metres 3 metres (25 feet) (5 feet) (10 feet) (10 feet) * For mobile homes, the side yard shall be increased to a 4.5 metres (15 feet) on the side which the main entrance door is located. 6. OFF STREET PARKING As required by the Development Officer or the Municipal Planning Commission 7. SITE RESTRICTIONS Page 123 of 156

124 (1) In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (2) An accessory building shall not be constructed within the front or flankage yard of any parcel. (3) An accessory building shall be located at least 1.52 metres (5 feet) from the principal building. (4) An accessory building shall be located at least 1 metre (3 feet) from the side property line and 1.52 metres (5 feet) from the rear property line, except where a rear vehicular entrance is located, in which case the distance to the lane will be extended to 5.5 metres (18 feet). (5) An accessory building shall not exceed 4.87 metres (16 feet) in height. (6) Maximum site coverage for all structures and hard surfacing 30% of the total lot area. (7) An accessory building shall not exceed 93 m 2 (1,000 ft 2 ) in area. The maximum floor area dedicated to accessory buildings shall be 139 m 2 (1,500 ft 2 ) or 15% of the total lot area, whichever is less. No Development Officer discretion is permitted. (8) Unless otherwise approved, an accessory building shall not be used for living purposes. (9) Unless otherwise approved for a home occupation, an accessory building shall not be used for a commercial or light industrial business operation. (10) An accessory building shall not be permitted as a standalone building unless otherwise approved by the Municipal Planning Commission. All accessory buildings must be accessory to a dwelling. The dwelling is to be considered the primary use. (11) A maximum of up to 4 chickens (laying hens for personal use only) may be allowed. Each chicken must be provided with at least 0.37 m 2 (4 ft 2 ) of interior floor area within an enclosed, secure coop for shelter and housing. The coop must be well maintained, and kept in good sanitary condition that prevents nuisance odors. The coop will be counted towards the hard surfacing and site coverage of the property. All manure must be removed and disposed of in a timely and proper manner to prevent nuisance issues which result in complaints from adjacent neighbors. Any and all manure stored on site must be kept in a fully enclosed container until properly disposed. Roosters will not be permitted, and there will be no breeding allowed. The issuance of a development permit by the Municipal Planning Commission may be subject to an annual review. The development permit will not be transferable from one owner to the next, or from one property to another. 8. SPECIAL REGULATION: MOBILE HOMES (1) Skirting of mobile homes, including finishing, must be completed within 30 days of the date that the mobile home is placed on the property. (2) Appearance, design and construction of accessory structures or additions must complement the design of the mobile home. (3) All mobile homes shall conform to the CSA Z 240 Standards. Page 124 of 156

125 HAMLET RESIDENTIAL (SINGLE FAMILY) DISTRICT (HSR) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF RESIDENTIAL USES IN ORDER TO ACHIEVE ORDERLY DEVELOPMENT WITHIN THE HAMLET. 1. PERMITTED USES (1) Accessory buildings and uses (2) Dwelling (3) Parks and playgrounds (4) Swimming pools 2. CLASS I DISCRETIONARY USES (1) Home occupation (office use only) (2) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Family care home (2) Home occupation (3) Move in buildings (4) Semi detached dwelling (5) Public and quasi public buildings and uses (6) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. MINIMUM LOT AREA (1) No sewage collection system 1,800 m 2 (19,375 ft 2 ) with a minimum width of 30 metres (100 feet) (2) Water distribution and sewage collection system 465 m 2 (5,000 ft 2 ) with a minimum width of 15 metres (50 feet) 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 7.62 metres *1.52 metres 3 metres 3 metres (25 feet) (5 feet) (10 feet) (10 feet) 6. OFF STREET PARKING As required by the Development Officer or the Municipal Planning Commission 7. SITE RESTRICTIONS (1) In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (2) An accessory building shall not be constructed within the front or flankage yard of any parcel. (3) An accessory building shall be located at least 1.52 metres (5 feet) from the principal building. Page 125 of 156

126 (4) An accessory building shall be located at least 1 metre (3 feet) from the side property line and 1.52 metres (5 feet) from the rear property line, except where a rear vehicular entrance is located, in which case the distance to the lane will be extended to 5.5 metres (18 feet). (5) An accessory building shall not exceed 6.0 metres (20 feet) in height. (6) Maximum site coverage for all structures and hard surfacing 30% of the total lot area. (7) An accessory building shall not exceed m 2 (1,200 ft 2 ) in area. The maximum floor area dedicated to accessory buildings shall be 139 m 2 (1500 ft 2 ) or 15% of the total lot area, whichever is less. No Development Officer discretion is permitted. (8) Unless otherwise approved, an accessory building shall not be used for living purposes. (9) Unless otherwise approved for a home occupation, an accessory building shall not be used for a commercial or light industrial business operation. (10) An accessory building shall not be permitted as a standalone building unless otherwise approved by the Municipal Planning Commission. All accessory buildings must be accessory to a dwelling. The dwelling is to be considered the primary use. Page 126 of 156

127 RECREATION FACILITY DISTRICT (RF) THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF INSTITUTIONAL CAMPS AND PUBLIC OR QUASI PUBLIC FACILITIES. PRIOR TO DEVELOPMENT OF MAJOR FACILITIES, THE APPLICANT SHOULD PRODUCE A MASTER PLAN SHOWING THE BUILDINGS LAYOUT, SERVICING ARRANGEMENTS, AN EMERGENCY EVACUATION PLAN, AND THE PROJECTED CAPACITY OF THE TOTAL DEVELOPMENT. 1. PERMITTED USES (1) Accessory buildings and uses (2) Seasonal cabins or dormitories under 100 m 2 (1076 ft 2 ) (3) Public utility buildings or uses required to serve the district (4) Recreation facilities (5) Swimming pools 2. CLASS I DISCRETIONARY USES (1) Bed and breakfast facility (2) Commercial facilities (3) Home occupation (office use only) (4) Storage container (maximum of one) (5) Solar energy panels and associated equipment for personal or individual use 3. CLASS II DISCRETIONARY USES (1) Move in buildings (includes residence/dwelling, and accessory buildings) (2) Permanent dwelling unit(s) (3) Public assembly buildings (4) Seasonal cabins or dormitories over 100 m 2 (1076 ft 2 ) (5) Mobile homes (6) Campground (7) Other uses consistent with the Definition or General Purpose of the Land Use District as approved by the Municipal Planning Commission 4. LOT AREA As required by the approving authority 5. MINIMUM YARD REQUIREMENT Front Side Flankage Rear *9.14 metres 9.14 metres *9.14 metres 9.14 metres (30 feet) (30 feet) (30 feet) (30 feet) *Minimum yard distances from subdivision streets or service roads only. Setbacks from County roads shall be in compliance with Section 47 of the General Land Use Regulations. 6. MAIN BUILDING RESTRICTIONS (1) Maximum building height 9.14 metres (30 feet) Page 127 of 156

128 (2) Building separation 9.14 metres (30 feet) (3) Exterior finish unless protected by a fire hydrant system supported by an adequate water supply as determined by the Alberta Building Code, the exterior shall consist of pre colored stucco, brick, vinyl siding, or other approved fire retardant material; (4) Roof unless protected by a fire hydrant system supported by an adequate water supply as determined by the Alberta Building Code, the pitch is not to be less than 4:12 and roofing material to be clay tile, concrete, tile, fibreglass composition shingles or metal roofing complementary to the color of the building. (5) Foundation the foundation is to extend to the ground above the perimeter of the building with cement parging to be applied to the above ground portion. 7. ACCESSORY BUILDING RESTRICTIONS (1) Maximum building height 6 metres (20 feet) (2) Maximum building area 111 m 2 (1200 ft 2 ) (3) Building separation 3 metres (10 feet) (4) Exterior finish unless protected by a fire hydrant system supported by an adequate water supply as determined by the Alberta Building Code, the exterior shall consist of pre colored stucco, brick vinyl siding, or other approved fire retardant material; (5) Roof unless protected by a fire hydrant system supported by an adequate water supply as determined by the Alberta Building Code, pitch of not less than 4:12; roofing material to be clay tile, concrete, tile, fibreglass composition shingles or metal roofing complementary to the color of the building. (6) Foundation the foundation is to extend to the ground around the perimeter of the building with cement parging to be applied to the above grade portion. (7) Unless otherwise approved, an accessory building shall not be used for living purposes. (8) Unless approved for a home occupation, an accessory building shall not be used for a commercial or light industrial business operation. (9) An accessory building shall not be permitted as a standalone building unless otherwise approved by the Municipal Planning Commission. All accessory buildings must be accessory to a dwelling. The dwelling is to be considered the primary use. 8. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) For number of livestock allowed, see Section 49. Any off spring over the maximum number of approved animals shall be removed from the site within six months. A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent land owners. (2) Not more than three dogs excluding unweaned pups, shall be kept on a site. Any dogs must be controlled so that they comply with the Dog Control Bylaw. (3) Fencing shall be barbed wire, page wire, or chain link and shall not be permitted to fall into despair. (4) An adequate water supply for both domestic purposes and for fire prevention shall be available. Page 128 of 156

129 RECREATION /RESIDENTIAL RESORT DISTRICT (RRR) THE PURPOSE OF THIS DISTRICT IS TO PERMIT THE DEVELOPMENT OF COMPREHENSIVELY PLANNED RECREATIONAL AND RESIDENTIAL RESORT DEVELOPMENT IN THE RURAL SETTING. UTILITY SERVICES AND HIGH QUALITY DEVELOPMENT STANDARDS WILL BE REQUIRED. 1. PERMITTED USES (1) Accessory buildings and uses (2) Dwellings, detached (3) Dwellings, semi detached (4) Public parks and playgrounds (5) Utility systems (6) Swimming pools 2. CLASS I DISCRETIONARY USES (1) Home occupations (office use only) (2) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Dwellings, multi unit (2) Golf courses and associated facilities (3) Move in buildings (mobile homes, residence/dwelling, and accessory buildings) (4) Public and quasi public buildings and uses (5) Mobile homes 4. MINIMUM LOT REQUIREMENT (1) Single family detached dwellings 600 m 2 (6,459 ft 2 ) with a minimum frontage of 15 metres (49.2 feet) measured at the required front yard. (2) Semi detached dwellings 500 m 2 (5,382 ft 2 ) per unit with a minimum frontage for each unit of 13.0 metres (42.7 feet) measured at the required front yard. (3) Multi unit dwellings 400 m 2 (4,305 ft 2 ) per unit. 5. MINIMUM YARD REQUIREMENTS *Front *Side *Flankage *Rear 7.62 metres 1.52 metres 3 metres 7.62 metres (25 feet) (5 feet) (10 feet) (25 feet) *Setback distances shall be measured from the applicable yard property line. Setbacks from any other rural County roads shall be in compliance with Part V, Section 47 of the General Land Use Regulations. 6. MAIN BUILDING(S) RESTRICTIONS (1) Maximum building height 11.0 metres (36 feet) Page 129 of 156

130 (2) Maximum site coverage for all structures and hard surfacing, including landscaping, is not to exceed 45% of the total lot area. The maximum site coverage for the dwelling, attached garage, and driveway combined is not to exceed 40% of the total lot area. 7. ACCESSORY BUILDING RESTRICTIONS (1) An accessory building shall not exceed 92.9 m 2 (1,000 ft 2 ) in area. The maximum floor area dedicated to accessory buildings shall be 139 m 2 (1,500 ft 2 ) or 15% of the total lot area, whichever is less. No Development Officer Discretion permitted. (2) An accessory building shall be located at least 1.52 metres (5 feet) from a principal building. (3) An accessory building shall be located at least 1 metre (3 feet) from the side property line. (4) An accessory building shall not exceed 4.87 metres (16 feet) in height. (5) Unless otherwise approved, an accessory building shall not be used for living purposes. (6) Unless approved for a home occupation, an accessory building shall not be used for a commercial or light industrial business operation. (7) An accessory building shall not be permitted as a standalone building unless otherwise approved by the Municipal Planning Commission. All accessory buildings must be accessory to a dwelling. The dwelling is to be considered the primary use. 8. PARKING OF MOTOR AND RECREATION VEHICLES (1) Each residential unit shall have a minimum of two on site parking spaces provided either on the lot or within a structure. (2) No more than one recreation vehicle for each residential unit shall be parked on the parcel if it is outside of a garage unless adequate screening is provided to the satisfaction of the Development Officer. (3) Parking requirements for recreational activities and uses shall be to the satisfaction of the Development Officer. 9. SITE RESTRICTIONS (1) In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply; (2) Livestock shall not be kept nor kennels allowed within this District. Animals permitted to be kept on any parcel shall be limited to household pets, such as dogs, cats or other small animals. Page 130 of 156

131 SEASONAL RESIDENCE DISTRICT (SR) THIS DISTRICT IS ESTABLISHED FOR SMALLER LOT DEVELOPMENTS WHICH ARE INTENDED FOR SEASONAL RESIDENCES. THE GENERAL PURPOSE OF THIS DISTRICT IS TO REGULATE THE DEVELOPMENT OF SUCH SEASONAL RESIDENCES. 1. PERMITTED USES (1) Accessory buildings and uses (2) Cottage or seasonal residence (3) Dwelling unit (4) Public parks and playgrounds (5) Swimming pools (6) Storage container (maximum of one) 2. CLASS I DISCRETIONARY USES (1) Home occupation (office use only) (2) Bed and breakfast facility (3) Solar energy panels and associated equipment for personal use 3. CLASS II DISCRETIONARY USES (1) Private parks and playgrounds (2) Recreation facilities (public and private) (3) Other similar buildings and uses as approved by the Municipal Planning Commission (4) Move in buildings (including residence/dwelling, and accessory buildings) (5) Mobile homes 4. LOT SIZES (1) Maximum Size: 1 hectare (2.47 acres) (2) Minimum Size: (3) No sewage collection system 1,800 m 2 (19, 375 ft 2 ) with a minimum width of 30 metres (100 feet) (4) Water distribution and sewage collection systems 465 m 2 (5,000 ft 2 ) with a minimum width of 15 metres (50 feet) 5. MINIMUM YARD REQUIREMENTS Front Side Flankage Rear 7.62 metres *1.52 metres *4.5 metres 6 metres (25 feet) (5 feet) (15 feet) (20 feet) * Minimum yard distances from subdivision streets or service road only. Setbacks from County roads shall be in compliance with Section 47 of the General Land Use Regulations. 6. BUILDING RESTRICTIONS (1) Maximum site coverage for all structures and hard surfacing 30% of total lot area. (2) Building separation 1.52 metres (5 feet) Page 131 of 156

132 (3) Maximum floor area of a single accessory building 92.9 m 2 (1,000 ft 2 ). Maximum floor area of all accessory buildings 139 m 2 (1,500 ft 2 ) or 15% of the total lot area, whichever is less. No Development Officer Discretion permitted. (4) Maximum height of an accessory building 4.8 metres (16 feet) (5) Maximum number of accessory buildings per lot 2 (6) Unless otherwise approved, an accessory building shall not be used for living purposes. (7) Unless approved for a home occupation, an accessory building shall not be used for a commercial or light industrial business operation. (8) An accessory building shall not be permitted as a standalone building unless otherwise approved by the Municipal Planning Commission. All accessory buildings must be accessory to a dwelling. The dwelling is to be considered the primary use. 7. SITE RESTRICTIONS In addition to the requirements of the General Land Use Regulations and Schedules, the following regulations shall apply: (1) Livestock shall not be kept nor kennels allowed within this District. Animals permitted to be kept on any parcel shall be limited to household pets, such as dogs, cats or other small animals. (2) Not more than three dogs excluding unweaned pups, shall be kept on a site. (3) Any dogs, cats and other domestic animals kept on a site must be controlled so that they do not create a nuisance. (4) A development permit may be issued for the keeping of additional animals if the Municipal Planning Commission is of the opinion that it will not affect the amenities of the adjacent landowners. Page 132 of 156

133 SCHEDULE E PRIVATE SIGN REGULATION THE PURPOSE OF THIS SCHEDULE IS TO REGULATE THE LOCATION, SIZE, DESIGN AND CHARACTER OF SIGNS WITHIN CYPRESS COUNTY WHICH ARE NOT UNDER THE DIRECT CONTROL OF ALBERTA TRANSPORTATION. SPECIFICALLY, A DEVELOPMENT PERMIT IS REQUIRED FOR ANY SIGN WITHIN THE CORPORATE LIMITS OF A HAMLET OR FURTHER THAN 300 METRES FROM PROVINCIAL HIGHWAYS AND 800 METRES FROM PROVINCIAL HIGHWAY INTERSECTIONS. SIGNS THAT DO NOT REQUIRE A PERMIT FROM CYPRESS COUNTY WILL REQUIRE A PERMIT FROM ALBERTA TRANSPORTATION. 1. DEFINITIONS (1) Advertisement means any word, letter, model, picture, symbol, device or representation, whether illuminated or not, in the nature of and employed wholly or in part for the purpose of advertisement, announcement or direction. (2) Electronic Display Sign means any sign that uses electronic technology and video display. (3) Official Sign means any sign placed pursuant to government legislation and includes signs approved pursuant to the Highway Development Act. (4) Off site Sign means a sign which directs attention to a business, commodity, service or entertainment, not exclusively related to the premises on which the sign is located, or to a business, commodity, service or entertainment which is conducted, sold or offered elsewhere than on the premises on which the sign is located. (5) Portable Sign means a sign which may be illuminated and is easily moveable and normally has a message which may be readily modified. Such signs are typically operated by a business which leases these signs to other businesses. (6) Trailer means a trailer as defined in the Traffic Safety Act. R.S.A Chapter T 6, as amended or replaced from time to time. 2. EXEMPTIONS (1) The following shall be considered exempted from the provisions of this part of the Bylaw: (a) Advertisement displayed within a building. (b) Advertisement displayed in or on an operational vehicle provided that it is not displayed in a conspicuous position adjacent to a highway for more than fourteen days. (c) Advertisements displayed on door plates, door bars, or kick plates. 3. SIGNS DEEMED APPROVED (1) The following signs shall be deemed approved for the purpose of this By law: (a) Official signs. (b) Traffic, directional signs and any informational signs authorized by the County. (c) Notice relating to a sale, lease, or rental of the building, or the land to which it is attached, provided that it is not illuminated and is not larger than 1.5 square metres (16 square feet) in area. (d) Signs relating specifically to a municipal, provincial or federal election provided that such posters shall be removed within 14 days after the election. Page 133 of 156

134 (e) Notices on land or buildings involving quasi public purposes such as religious, educational, cultural, recreational or medical. (f) Advertisements of building contractors relating to construction work in progress on the land on which such advertisements are erected, provided that such advertisements shall be removed after the completion of the work. (g) Advertisements at service stations relating to specials and gasoline prices. UP to two signs not exceeding a maximum size of 1.5 metres (16 square feet) may be allowed. 4. APPLICATION REQUIREMENTS (1) Application for a development permit pertaining to a sign shall be made on a prescribed form together with the following information: (2) Sign drawings are to be drawn to scale. (3) The drawing shall indicate: (a) the location and elevation of the sign on the property, (b) the overall dimensions of the sign, (c) the size of the letter(s), (d) the amount of projection from the face of the building if any, (e) the amount of projection over County property if any, (f) the height of the sign above the average ground level of the face of the building, (g) the manner of illuminating the sign and any form of digital or animated or intermittent lights involved with the sign, (h) the distance from any road intersection together with any traffic control device which may be located in the proximity of the sign, (i) an appropriate fee and, (j) any other information which the Development Officer may deem relevant. (4) In the case of a development proposal for a off site sign, excluding a freestanding portable sign, the following additional information will be required: (a) a copy of a letter of authorization from the owner of the property on which the sign is to be placed or his authorized agent, (b) at least two color photographs taken from an angle that adequately show: i. the proposed site, ii. adjoining properties and physical features. 5. ISSUANCE OF A PERMIT (5) The Development Officer shall issue the permit for which an application is made where: (a) the proposed sign conforms with this by law and all other applicable by laws of the County, (b) the applicant has paid the fees prescribed by the County, (c) the permit shall expire if the work or activity authorized therein is not completed within a period of ninety (90) days from the date of the issuance of the permit. (d) any person erecting, altering, or re locating a permanent sign for which a development permit has been issued may be required to supply the Development Officer adequate photographs of the sign upon completion of the work. Page 134 of 156

135 6. GENERAL REQUIREMENTS FOR SIGNS (1) No person shall erect, construct, enlarge, re locate, maintain or alter any sign, except as otherwise provided for in sections 3 and 4 of the By law without first obtaining a permit. (2) Where a sign cannot be clearly categorized as any one of the sign types defined in this By law, the Municipal Planning Commission shall determine applicable controls. (3) All signs shall maintain the required distance from overhead power lines as prescribe by the electric utility supplier. 7. DEVELOPMENT STANDARDS FOR SIGNS (1) A sign shall not conflict with the general character of the surrounding area or the architecture of nearby buildings. (2) Where a sign projects over public property, a minimum height clearance of 2.4 metres (8 feet) shall be maintained between the underside of the sign and the grade below. (3) Where a sign is located in or projects into or over a driveway, a lane or an alley, a clearance of 5.5 metres (18 feet) shall be maintained between the underside of the sign and the grade below. (4) No sign or sign structure shall be located closer than 1.52 metres (5 feet) from the existing or future road right of way. (5) No sign or sign structure shall be located closer than 3 metres (10 feet) from an adjacent property line. (6) No sign or sign structure shall obstruct the sight lines from a local road or Provincial Highway of an adjoining private sign. (7) No sign shall be erected, operated, used or maintained which, in the opinion of the Development Officer, due to its position, shape, colour, format or illumination, obstructs the view of, or may be confused with an official traffic sign, signal or device, or other official sign, or (a) obstructs the view of, or otherwise poses a potential hazard to traffic, or (b) display lights which may be mistaken for the flashing lights customarily associated with danger or with those used by police, fire, ambulance or other emergency vehicles. (8) Freestanding signs shall not be permitted in residential land use districts except; (a) real estate advertising signs, (b) construction signs, or (c) election signs, (d) signs confined to the name or address of the premises or the activity carried on, where such activity relates to a use such as school, library, church, museum or similar institution, (e) and in no case shall such a sign exceed 1 square metre (10 square feet) in area. (9) Only one sign per commercial street frontage shall be permitted for each commercial business for the purpose of identifying the business. 8. ROOF SIGNS (1) Roof signs shall be architecturally integrated with the buildings upon which they may be located. (2) Roof signs adjacent to residential areas shall not employ: (a) any flashing or intermittent lights, (b) devices or means to create the impression of flashing lights, or Page 135 of 156

136 (c) means or devices to rotate the sign. 9. PORTABLE SIGNS (1) Unless otherwise approved through a development permit issued by the Municipal Planning Commission as a Class 2 Discretionary Use, all Portable signs will be considered as a Class I Discretionary Use, and must adhere to the following restrictions regardless of their intended use or purpose; (a) the sign is not to be located on Cypress County property, including road allowances, parks, utility lots and rights of way, municipal reserve, etc., (b) the overall height of the sign shall not exceed 2.5 metres (8.2 feet) above the ground, and the overall maximum area of the sign shall not exceed 4.6 square metres (50 square feet); (c) the sign must maintain a separation distance of 35 metres (114.8 feet) from another approved portable sign, is to be at least 25 metres (82 feet) from an approved permanent sign, and is to be placed no closer than 15 metres (49.2 feet) from a neighbouring adjacent property line; (d) the sign shall not be located in such a manner so as to restrict the view of a traveller on any street from obtaining a clear view of approaching vehicles or pedestrians for a distance of 45 metres (147.6 feet) along a street; (e) the sign shall be setback a minimum distance of 1.5 metres (4.9 feet) inside the property line, and shall be placed at least 20 metres (65.6 feet) from any intersection and/or access approach; (f) if the sign is illuminated or digitalized, and is located or placed within a residential district or adjacent to a residential district, the light of the sign shall be turned off at 11:00 p.m., and shall not be turned on any earlier than 7:00 a.m. (g) a maximum of one portable sign may be permitted on the property at any one time. Any additional portable signs will require the approval of the Municipal Planning Commission as a Class II Discretionary Use. (h) the placement of the sign may be on a time limited basis as a condition of the approval. (2) A Portable Sign does not require a development permit provided that it meets the following conditions; (a) the sign is not to be used as an off site advertising sign, or for any type of commercial/industrial advertising; (b) the use of the sign on the property does not exceed 30 days, and therefore the sign is to be removed immediately after the expiration of the 30 days, (c) the use of the sign is intended for a one time special event, or for weddings, family reunions, or for birthdays/anniversaries for private citizens. (3) The Development Officer may issue a development permit as a Class 1 Discretionary Use for a portable sign provided that there is only one portable sign on the property at any one time, and that it meets the following conditions; (a) the sign is intended for a special event of a commercial/retail/industrial business such as a grand opening, anniversary sale, or special offer/promotion, is limited to one permit per year, is time limited to a maximum of 30 days, and is to be placed on the property that it relates to; OR, (b) the sign is to be used strictly for real estate sales purposes, and is to be located on the property that is for sale, and is to be removed within 21 days of the completion of the sale of the property. Page 136 of 156

137 (4) Portable signs that require a development permit and are to be issued under the authority of the Municipal Planning Commission, as a Class 2 Discretionary Use are as follows: (a) a portable sign, used for the purposes of a discretionary sign only, may be approved where traffic volumes warrant it, and may be time limited as a condition of approval; (b) a portable off site sign shall be limited to a maximum of one per property, and may be time limited as a condition of approval. 10. DEVELOPMENT STANDARDS FOR OFF SITE SIGNS (1) Off site signs shall be subject to the following regulations; (2) There shall be a minimum distance of 600 metres between any two off site signs located on the same side of a Highway as defined by the Highway Traffic Act. (a) There shall be a minimum distance of 200 metres between any two off site signs located on opposite sides of a Highway as defined by the Highway Traffic Act. (b) Notwithstanding the above restrictions, consideration may be given for approval of a maximum of two off site signs to advertise the location of any business located in Cypress County which does not have exposure to a major road or highway. (3) Off site signs shall meet the following standards shown in Figure 1 Off site Sign Standards (4) Quality; (a) must be manufactured by a qualified sign painter or be of equivalent standard, (b) angle 15m from a line drawn perpendicular to the roadway (c) shape formula (width = 2 x height) with a permitted variation for width of 25% (d) minimum size 3 m 2 (32 ft 2 ) (e) maximum size 18.5 m 2 (200 ft 2 ) (f) in the case of double faced off site signs, the side shall be enclosed to the satisfaction of the Development Officer. (5) The owner of a sign shall properly maintain the structure at all times so that: (a) it does not present a safety hazard to anyone, (b) painting and copy are not allowed to weather or peel, (c) any metal parts do not become rusted. 11. TRAILER SIGNS (1) Notwithstanding any other provision in this section, no person shall place a motor vehicle, a trailer or any other object, building or structure whatsoever displaying an offsite sign for advertisement on a site visible from a Provincial Highway or local road. For purposes of this clause, trailer shall not include a trailer that is designed exclusively for the purpose of displaying and transporting a portable sign. 12. DEVELOPMENT STANDARDS FOR OFF SITE ELECTRONIC DISPLAY SIGNS (1) An off site electronic display sign will be considered as a Class II Discretionary Use in the following Land Use Districts; Hamlet Commercial District (HC) Hamlet Industrial District (HI) Highway Commercial District (HWY C) Industrial District (I) Page 137 of 156

138 Light Industrial District (LI) Rural Commercial District (RC) (2) The placement of an off site electronic display sign within 0.8 km of a Provincial Highway will be referred to Alberta Transportation for their consideration and approval. (3) Off site electronic display signs will not be permitted if they are deemed to be distracting to vehicle traffic. (4) An off site electronic display sign shall be at least 200 metres from a nearby dwelling or residential district, and must not directly face the nearby dwellings or residential districts. A lesser distance may be considered and approved at the discretion of the Municipal Planning Commission. (5) No more than one off site electronic display sign shall be permitted per property. (6) As a condition of approval, the Municipal Planning Commission may regulate the overall size, location, materials, design, and proximity to other off site electronic display signs in order to ensure that the sign is suitable for the proposed location. (7) The applicant for the off site electronic display sign shall be responsible for obtaining any other necessary municipal, provincial, or federal permits and/or approvals as required. Page 138 of 156

139 SCHEDULE F DOG BREEDING AND BOARDING KENNELS 1. The keeping of more than (3) dogs on a property, for dog breeding or boarding purposes, shall constitute the existence or operation of a kennel for which a development permit is required. In determining the number of dogs, pups less than four (4) up to three (3) months of age shall not be included. Approval for more than three (3) dogs for the purpose of keeping as pets shall be under the authority and regulations of the Dog Control Bylaw. 2. Dog breeding and boarding kennels shall are not be permitted closer than 200 metres (656 feet) from another residence or within 50 metres (164 feet) of an adjacent property line. Exceptions may be made when a Provincial Highway bisects the 200 metre separation distance, or at the discretion of the Municipal Planning Commission. 3. The Development Officer/Municipal Planning Commission may regulate the hours that dogs are allowed to be kept outdoors. 4. Pens, rooms exercise runs and holding stalls may be required to be soundproofed to the satisfaction of the Development Officer/Municipal Planning Commission. 5. All exterior exercise areas (runs) shall be enclosed with a perimeter fence of sufficient height to accommodate the chosen breed. The fence shall be imbedded in the ground or in concrete a sufficient depth to prevent animals from tunneling underneath. A minimum amount of exercise area shall be provided with each dog, as follows; Size Of Breed Minimum Area Per Dog Minimum Fence Height 7 kg (15 lbs or less) (eg. 1.1 m 2 (12 ft 2 ) 1 metre (3.2 feet) Chihuahua, Papillon, Pekinese, Pomeranian, Poodle, Shih Tzu) 8 20 kg (18 44 lbs) (eg. Sheltie, 2.3 m 2 (25ft 2 ) 1.3 metre (4.3 feet) Terrier, Corgi, Welsh, Springer, Collie) kg (45 79 lbs) (eg Pointer, 4.6 m 2 (50 ft 2 ) 1.8 metre (6 feet) Samoyed, Siberian Husky, German Shephed) Over 37 kg (80 lbs) (eg. Great Dane, Mastiff, Lab, Rottweiler) 5.6 m 2 (60 ft 2 ) 1.8 metre (6 feet) 6. All facilities shall meet public health regulations and be kept in a manner satisfactory to the health regulatory authority. 7. All new permits issued by the Development Officer or the Municipal Planning Commission shall be time limited permits valid for a period not exceeding twelve (12) months from the date of issue, and will be subject to an annual review. Upon expiry of the permit, if the Development Officer has evidence that the development does not meet the conditions of the original permit, then for purposes of renewal the development shall be considered as a new application. 8. At the time of renewal for a time limited permit, the Municipal Planning Commission may remove the time limited approval period, and therefore issue a continuous development permit based on the merits of the kennel operator s past performance. Page 139 of 156

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