RURAL GENERAL RG 1. PERMITTED USES DISCRETIONARY USES

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1 RURAL GENERAL RG PURPOSE: To protect the agricultural land base of the municipality while allowing nonagricultural developments which complement the area's economy. 1. PERMITTED USES DISCRETIONARY USES Accessory buildings, structures and uses to an approved use Additions to existing buildings Dwelling unit, Combined Extensive agriculture Home occupation 1 and 2 Manufactured homes 1 Modular homes Ready-to-move homes Shipping container Single detached dwellings PROHIBITED USES Waste management sites Noxious industry Accessory building (prior to the construction of principal building) Agricultural processing industry Agricultural service and repair shops Alternative/Renewable Energy, Commercial/Industrial Alternative/Renewable Energy, Individual Bed and breakfast establishments Boarding or lodging house Child care services Clubs or fraternal organizations Duplexes Garage suite Intensive horticultural operations Kennels Licensed or unlicensed airstrips Manufactured homes 2 Moved-in buildings Moved-in dwellings Multi-unit dwellings Multi-unit Wind Energy Conversion System (WECS) / Wind Farm Mushroom farm Public and institutional uses Public and private utilities Recycling facility Resource extraction and associated works Riding stable/arena, Commercial Rowhouse dwellings Second single detached dwellings Secondary suites Semi-detached dwellings Shooting ranges Signs Single wind energy conversion system Stripping and sale of topsoil Waste management transfer stations Any other uses determined by the Municipal Planning Commission to be similar in nature to any permitted or discretionary use Vulcan County Land Use Bylaw No Page 43

2 2. PARCEL AND LOT SIZE A minimum lot size of 0.4 ha (1 acre) is recommended for any permitted or discretionary use. This may be varied by the Municipal Planning Commission to reasonably accommodate the proposed use. Parcel and lot sizes for all the permitted and discretionary uses above are: (a) Extensive Agriculture (i) existing parcels; (ii) 64.8 ha (160 acres) or an unsubdivided quarter section. (b) Farmsteads (i) existing parcels; (ii) minimum of 0.4 ha (1 acre); (iii) flexible maximum based on farmstead definition; (iv) at the discretion of the Municipal Planning Commission for cut-off parcels. (c) Confined Feeding Operations The parcel size shall remain the same size for which the development approval was originally issued. (d) Vacant Country Residential (i) existing parcels; (ii) minimum of 0.4 ha (1 acre); (iii) maximum of 1.2 ha (3 acres). (e) All Other Uses Parcel and lot sizes for all other land uses shall be determined by the Municipal Planning Commission after consideration of comments from relevant agencies and in accordance with, but not limited to, the Municipal Government Act, a regional plan, the Subdivision and Development Regulation, this Land Use Bylaw, the Municipal Development Plan and any other applicable legislation or regulations. 3. MINIMUM SETBACK FROM PROPERTY LINES All structures and buildings shall be setback 7.6 m (25 ft.) from all property lines not fronting on or adjacent to a municipal roadway. 4. MINIMUM SETBACKS FROM ROADS (a) No part of a building or structure or trees shall be located within 38.1 m (125 ft.) of the centre line of any public roadway which is not designated as a provincial highway under the Highway Development and Protection Regulation. (b) Any road designated as a provincial highway under the Highway Development and Protection Regulation is subject to setbacks as required by Alberta Transportation and Page 44 Vulcan County Land Use Bylaw No

3 any applications for development adjacent to a highway should be referred to Alberta Transportation for a roadside development permit. (c) No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft.) of the centre line of a highway or public road. (d) Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is installed along 100 percent of the length of that part of the dugout fronting the highway or public road and 25 percent of the length of the sides of the dugout. 5. MINIMUM DISTANCE SEPARATION The siting of any development with a residential component will be required to meet a minimum distance separation calculation as determined by the Natural Resources Conservation Board (NRCB) from any existing or approved confined feeding operation. 6. ACCESS To ensure proper emergency access, all developments shall have direct legal and developed physical access to a public roadway to the satisfaction of the Municipal Planning Commission in accordance with municipal road standard policy. If the development is within m (1,000 ft.) of a provincial highway, direct legal and physical access to a public roadway shall be to the satisfaction of Alberta Transportation. 7. ACCESSORY BUILDINGS The following regulations are applicable to accessory buildings: (a) (b) An accessory building shall not be used as a dwelling. An accessory building shall only be constructed after the principal building has been constructed or the principal use established except where the accessory building is used for agricultural purposes as outlined in Schedule 3. (c) Notwithstanding 7(b) above, one (1) accessory building may be permitted to be constructed prior to the construction of the principal building if the Development Authority is satisfied that the construction of an accessory building will be followed by the commencement of construction of the principal building, or conversion of the accessory building to a principal building, within two (2) years, and completion within (3) years, from the date of approval of the accessory building: (i) the Development Authority shall require security to ensure compliance with the same in the amount of $2500 which shall be forfeited to the municipality in the event of non-compliance with the above; (ii) an accessory building to be converted to a principal building shall require an application for a change of use development permit to be submitted to and approved by the Development Authority. (d) An accessory building shall be setback a minimum 3.0 m (10 ft.) from the principal dwelling and from all other structures on the same lot. Vulcan County Land Use Bylaw No Page 45

4 (e) Where a structure is attached to the principal building on a site by a roof, an open or enclosed structure, a floor or foundation, it is to be considered a part of the principal building and is not an accessory building. 8. SAND, CLAY AND GRAVEL PITS OR STONE QUARRIES The site of a sand, clay and gravel pit or a stone quarry may be approved for development expansion or recommended for approval as a separate parcel provided that: (a) before a development permit is issued for such use, the Municipal Planning Commission shall solicit and consider the comments of Alberta Environment; (b) topsoil is to be stripped and stockpiled for use in reclaiming the worked-out site; (c) there is no sale of topsoil removed as part of the applied for operation; and (d) all stripping of land and reclamation shall comply with Alberta Environment regulations and the recommendations of its Land Reclamation division. 9. DEVELOPMENT ADJACENT TO CANALS When a development application is received for a use adjacent to a canal, comments should be solicited from the Bow River Irrigation District. 10. USES INVOLVING KEEPING OF ANIMALS No kennel shall be established less than m (1,000 ft.) from a residential building. See Schedule 4 for more standards. 11. SERVICING REQUIREMENTS (a) The Municipal Planning Commission may refuse a development if the parcel on which it is proposed is not large enough to support any required on-site water supply and sewage disposal systems to the standard required by the regional health authority or the appropriate provincial agency. (b) Every development shall be required to install a sewage disposal system which has been approved by the authority having jurisdiction. 12. EASEMENTS In no case shall a building be located less than 3.0 m (10 ft.) from a registered easement, or such greater distance as may be required by the Municipal Planning Commission. 13. SUBDIVISION Agricultural Uses (a) The Municipal Planning Commission may only approve one (1) subdivision on an unsubdivided quarter section within the Rural General RG district. The Municipal Planning Commission may consider a quarter section to be unsubdivided if previous subdivisions were for the purpose of public or quasi-public use. Page 46 Vulcan County Land Use Bylaw No

5 (b) A subdivision for an intensive horticultural use may be treated as an agricultural use and may be permitted as one of the allowable subdivisions from a quarter section. (c) The Municipal Planning Commission shall not approve an application for subdivision for an existing or proposed confined feeding operation (CFO). (d) The creation of large agricultural parcels (i.e. two 80 acre parcels) is prohibited. Existing Agricultural Parcels (e) The enlargement, reduction or realignment of an existing separate parcel may be approved provided that: (i) the additional lands required are to accommodate existing or related improvements; (ii) the proposal is to rectify or rationalize existing habitation, occupancy, cultivation or settlement patterns; (iii) no additional parcels are created over and above those presently in existence; (iv) the proposed new lot and the proposed residual lot will continue to have direct legal and physical access to a public roadway, adequate development setbacks, and a suitable building site; (v) the size, location and configuration of the proposed lot will not significantly affect any irrigation or transportation system in the area nor the urban expansion strategies of neighbouring municipalities. Cut-Off or Fragmented Agricultural Parcel (f) Subdivision of an undeveloped or developed cut-off parcel may be approved if: (i) the proposed lot is separated from the residual by: (1) a registered exception from the title, (2) a feature that creates a significant physical barrier to use of both sides as a unit; (ii) the proposed lot has legal access; (iii) the results of a minimum distance separation calculation shall be considered; (iv) neither the proposed lot or the residual parcel are occupied by a Confined Feeding Operation. (g) A quarter section which has been subdivided pursuant to the provisions of the above policy or previous provincial policies may be eligible for the subdivision of: (i) an existing farmstead or vacant parcel provided that the proposal is consistent with the requirements established for single lot country residential parcels; and (ii) the residual of the fragmented parcel must be at least 1.2 ha (3 acres) in size. Subdivision of Existing Small Titles (h) An existing title of land that is 16.2 ha (40 acres) or less but greater than 2.4 ha (6 acres) may be divided into two parcels if: (i) the results of a minimum distance separation are considered, Vulcan County Land Use Bylaw No Page 47

6 (ii) both parcels can accommodate joint access to a public road, and (iii) the subdivision does not propose to create more than three (3) titles per quarter. Single Lot Developed Country Residential (i) (j) A subdivision that proposes to create a single lot country residential parcel containing a developed residence or farmstead may be approved provided that: (i) the proposed parcel is to be subdivided from a previously unsubdivided quarter section compliant with the farmstead definition with a flexible maximum parcel size based on the improvements; and (ii) Farmstead means a part of a parcel that: (1) is presently or was formerly used as a single detached dwelling; (2) is further developed with agricultural buildings such as quonsets and grain bins, accessory buildings, structures such as corrals, storage compounds and/or storage or areas used for farm machinery, produce and fertilizer, dugout and/or water well and septic system; (3) is of a compact size and physically defined by topography, shelterbelts or other physical characteristics; (4) does not include any cultivated farmland, pasture land used for grazing of animals or lands suitable for agricultural production unless included within a shelter belt and/or physically defined area. Fencing alone shall not constitute a physically defined area if it encompasses agricultural land or hazard lands that are not necessary for the habitation of the proposed subdivision and that may be left with the larger agricultural parcel unless impractical to do so; and (iii) the proposed lot on which the dwelling is located and the proposed residual parcel have direct legal and/or physical access to a public roadway; and (iv) the access is satisfactory to Alberta Transportation where the access is onto or in close proximity to a primary highway; and (v) the size and location of the proposed lot will not significantly affect any irrigation system in the area; and (vi) the dwelling unit located on the proposed country residential parcel can meet or exceed the minimum distance separation (MDS) requirements from an existing confined feeding operation, as established in the Agricultural Operation Practices Act Standards and Administration Regulation; and (vii) the residual parcel size after subdivision is to be flexible based on the proposal for subdivision. If a proposed subdivision is larger than what is allowed within the farmstead definition, but no greater than 4.0 ha (10 acres), a land use bylaw amendment to change the zoning to the Small Holdings land use district is necessary to allow the proposal to be approved. Single Lot Vacant Country Residential (k) A subdivision which proposes to create a single, vacant country residential lot may be approved provided that: Page 48 Vulcan County Land Use Bylaw No

7 (i) the proposed parcel to be created is a maximum of 1.2 ha (3 acres) in size; and (ii) the proposed single residential lot contains, in the opinion of the Municipal Planning Commission, a buildable site; and (iii) the proposed single residential lot can be serviced to the satisfaction of the Municipal Planning Commission; and (iv) the development on the proposed single residential lot will not, in the opinion of the Municipal Planning Commission, inhibit public access to or otherwise have a detrimental effect on agriculture or the recreational use of a river valley, water body, environmentally sensitive area or special scenic location; and (v) the proposed lot and the residual parcel both have direct legal and physical access to a public roadway to the satisfaction of the Subdivision Authority; and (vi) the access is satisfactory to Alberta Transportation where the access is onto or in close proximity to a primary highway; and (vii) the size and location of the proposed lot will not significantly affect any irrigation system in the area. (l) If a proposed subdivision for a vacant single residential parcel is larger than 1.2 ha (3 acres) but no greater than 4.0 ha (10 acres), a land use bylaw amendment to change the zoning to the Small Holdings land use district is necessary to allow the proposal to be approved. Public and Institutional Uses (m) A subdivision application for public and institutional uses may be recommended for approval if: (i) the Municipal Planning Commission is satisfied that suitable, existing alternative parcels are not reasonably available in another land use district; (ii) the use was functioning, the application should encompass the developed site only; (iii) the legal and physical access, including access to the residual agricultural lot, satisfies Alberta Transportation, in the case of a provincial highway or Vulcan County in the case of municipal roads; and (iv) the Municipal Planning Commission is satisfied that the use is primary, suitable, serviceable and will be developed as proposed. (n) The conversion of small parcels established for public and institutional purposes to other uses should be limited to those developments which, in the opinion of the Municipal Planning Commission, are considered appropriate and compatible with surrounding uses. 14. RIVER VALLEYS AND SHORELANDS (a) Before approving any application to locate or expand a land use in or adjacent to a river valley or shoreland area, the Development Officer or Municipal Planning Commission shall refer such an application to any local, regional, or federal government agency that, in its opinion, has an interest in land use management. Vulcan County Land Use Bylaw No Page 49

8 (b) No application to locate or expand a land use in or adjacent to a river valley or shoreland area shall be approved unless, in the opinion of the Municipal Planning Commission, the proposal will not: (i) be located in a flood prone area; (ii) cause soil erosion or damage to a river bank; (iii) cause deterioration of water quality; (iv) hinder the flow of water to the river; (v) compromise aesthetic quality or natural amenities; (vi) be detrimental to an area of ecologically sensitive habitat or of historic or scenic importance; (vii) have a detrimental effect on adjoining or nearby agricultural operations if the proposed development is of a non-agricultural use; (viii) have a detrimental effect on existing or proposed recreation areas; (ix) have a detrimental effect on existing or proposed irrigation canals or water diversion structures. (c) Where a proposed development is granted permission to locate within the one in one hundred year floodplain of any watercourse, the Municipal Planning Commission may request the developer to provide any of the following requirements prior to the issuance of a development permit: (i) the registration of a Save Harmless Agreement against the title indemnifying the municipality in case of a subsequent flood causing damage to the development; (ii) the provision of an appropriate private sewage disposal system to the satisfaction of the appropriate health authority; (iii) a certificate from a qualified Alberta Land Surveyor stating the top of the footings of any proposed development will be at or above the one in one hundred floodplain level; (iv) an assurance that any proposed setback requirements as established by a provincial government department are met or exceeded. 15. STANDARDS OF DEVELOPMENT see Schedule ALTERNATIVE/RENEWABLE ENERGY DEVELOPMENTS see Schedule 5 Page 50 Vulcan County Land Use Bylaw No

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