PROPOSED TEXT CHANGES TO LAND USE BYLAW - JULY 2016

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1 SECTION # BRIEF SUMMARY OF CHANGE PROPOSED CHANGE CURRENT WORDING AMENDMENTS TO SECTION DEFINITIONS UTILITY SERVES (Both Major and Minor) Remove the word infrastructure from the definition title of Utility services, minor and major to be consistent with the uses listed in the land use districts. UTILITY SERVICES, MAJOR means development for public or private utility infrastructure purposes which is likely to have a major impact on the environment or adjacent land uses by virtue of their emissions, effect or appearance. Typical facilities would include sewage and/or water treatment plants, sewage lagoons, dams, power generating stations, cooling plants, incinerators, and, and high voltage electrical transmission towers. UTILITY SERVICES, MAJOR INFRASTRUCTURE means development for public or private utility infrastructure purposes which is likely to have a major impact on the environment or adjacent land uses by virtue of their emissions, effect or appearance. Typical facilities would include sewage and/or water treatment plants, sewage lagoons, dams, power generating stations, cooling plants, incinerators, and, and high voltage electrical transmission towers. DECK Amend the definition of DECK to include "or accessory building," and remove the statement "A deck may be covered and include a roof." DECK means a structure abutting a dwelling with no walls, DECK means a structure abutting a dwelling or accessory except for visual partitions, and railing which is constructed on building, with no roof, cover, or walls except for visual partitions, piers or a foundation above-grade for use as an outdoor living and railing which is constructed on piers or a foundation abovegrade for use as an outdoor living space. See Section 4.2 for 4.2 for information on exemptions to Development Permit space. A deck may be covered and include a roof. See Section information on exemptions to Development Permit requirements requirements for patios and Section 9.27 Special Setback for patios and Section 9.27 Special Setback Requirements for Requirements for more information on setback requirements. more information on setback requirements. COVERED DECK Add COVERED DECK as a new definition. COVERED DECK is a covered structure abutting a dwelling or accessory building, with no walls except for visual partitions, and railing which is constructed on piers or a foundation above-grade as defined under this Bylaw. Where a deck includes a cover or roof, the deck area becomes part of the cumulative sq. ft. of the attached structure; APIARY Add the following new definition to accommodate Bee Keeping operations. This goes along with the area for bee keeping. APIARY means an area where one or more beehives are placed. It is also called a bee yard (bee keeping). An apiary can be built for the purposes of harvesting honey or to benefit farming No prior definition No current definition except for bee keeping. 6/6/2016 1

2 HOME BASED BUSINESS EDUCATIONAL SERVICES Amend both the definition of HOME BASED BUSINESS (Minor) and (Major) to replace "is/are involved in the occupation or business" with "is the primary owner of the occupation or business". Amend the definition for Educations Services to differentiate between the private/charter schools and the public/separate school divisions. HOME BASED BUSINESS (MINOR) means a business or HOME BASED BUSINESS (MINOR) means a business or occupation conducted within a dwelling and/or accessory occupation conducted within a dwelling and/or accessory building(s) or on a parcel on which a dwelling is located and building(s) or on a parcel on which a dwelling is located and where one or more residents of the parcel is the primary owner where one or more residents of the parcel is/are involved in of the occupation or business and the following requirements the occupation or business and the following requirements apply:... The same will apply to the wording for (Major). apply: EDUCATIONAL SERVICES, PRIVATE/CHARTER means development for instruction and education purposes, involving assembly for educational, training or instruction purposes by a private school system or individual and includes administration offices, dormitory and accessory buildings. Typical facilities would include private schools, charter schools, and alternative schools or seminaries, community colleges, universities, technical and vocational facilities that are privately owned or operated. EDUCATIONAL SERVICES, PUBLIC/SEPARATE means development for instruction and education purposes, involving assembly for educational, training or instruction purposes by a public school system and includes administration offices, dormitory and accessory buildings. These facilities include public schools such as the Foothills School Division No. 38 and separate schools such as the Christ the Redeemer Catholic Separate Regional Division No. 3, or seminaries, community colleges, universities, technical and vocational facilities owned or operated by the public school system. EDUCATIONAL SERVICES means development for instruction and education purposes, involving assembly for educational, training or instruction purposes and includes administration offices, dormitory and accessory buildings. Typical facilities would include public and separate schools, private schools or seminaries, community colleges, universities, technical and vocational facilities. KENNEL, COMMERCIAL Amend the definition of Kennel, Commercial to comply with the recent changes in Section for consistency. KENNEL (COMMERCIAL) The keeping of more than 4 adult KENNEL (COMMERCIAL) means the keeping of 10 or more dogs used for the purposes of breeding or boarding, caring for, adult dogs for the purposes of breeding and/or selling dogs grooming, or training of dogs shall be considered a Commercial and puppies. Kennel. 6/6/2016 2

3 LANDING, UNCOVERED LANDING, COVERED ANTENNA STRUCTURES, PRIVATE Require a definition of landing, covered and uncovered for clarification. Amend the definition of Antenna Structures, Private to clarify that this refers to only those that are not federally regulated. We have provisions for maximum height but this does not apply to federally regulated faciltities. LANDING, UNCOVERED A structure or platform without a roof, between flights of stairs or at the head or foot of a staircase having an area not exceeding 2.2 sq. m.(23.7 sq. ft.); LANDING, COVERED A structure or platform witha roof, between flights of stairs or at the head or foot of a staircase having an area not exceeding 2.2 sq. m.(23.7 sq. ft.); ANTENNA STRUCTURES, PRIVATE means equipment designed to transmit or receive signals (electromagnetic or otherwise) for the express purpose of supporting or establishing telecommunications systems for private use only (non-federally regulated). No current definition; No current definition; ANTENNA STRUCTURES, PRIVATE means equipment designed to transmit or receive signals (electromagnetic or otherwise) for the express purpose of supporting or establishing telecommunications systems for private use; 6/6/2016 3

4 AMENDMENTS TO SECTION NO DEVELOPMENT PERMITS REQUIRED Section Accessory Buildings Section Kennels Section Uncovered Decks We propose to amend Table A for Accessory buildings to allow for larger accessory building sizes on parcel over 3.0 acres and allowed for total maximum number of strutures with a cumulative size up to the required size set for each parcel size range. The size for each range has also been increased. Simple amendment to fix a typographical error to the section it referenced. Amend this section so that no permit is required for only Uncovered attached patios and decks at grade within 1m (3ft) of a side or rear yard, for clarification. Less than 1 acre - one building up to 20.8sq. m. (224 sq. ft.), accessory to the residence, one building up to 46. sq45. m. (500 sq. ft.), accessory to the residence, and one additional building up to 20.8 sq. m. (224 sq. ft.); acres in size: Maximum of two (2) buildings with a total cumulative size not to exceed sq. m. (1,425 sq. ft.); acres in size: Maximum of three (3) buildings with a total cumulative size not to exceed sq. m. (2,850 sq. ft.); acres in size: Maximum of three (3) buildings with a total cumulative size not to exceed sq. m. (,3250 sq. ft.); acres in size: Maximum of four (4) buildings with a total cumulative size not to exceed 360 sq. m. (3,875 sq. ft.); acres in size: Maximum of four (4) buildings with a total cumulative size not to exceed 397 sq. m. (4,275 sq. ft.); 20.0 acres and over in size: Maximum of five (5) buildings with a total cumulative size not to exceed 455 sq. m. (4,900 sq. ft.); The keeping of up to three (3) adult dogs over 6 months of age at any one time, on a lot containing a dwelling. Provisions on Keeping of dogs can be found under Section 9.12 and information on Dog Kennels can be found under Section of this Bylaw. 1 acre or less - one building up to 20.8sq. m. (224 sq. ft.), accessory to the residence, one building up to 46. sq45. m. (500 sq. ft.), accessory to the residence, and one additional building up to 20.8 sq. m. (224 sq. ft.); 2-3 acre - one building up to sq. m. (1,200 sq. ft.), accessory to the residence, and one additional building up to 20.8 sq. m. (224 sq. ft.); acres in size - one building up to 223 sq. m. (2,400 sq. ft.), accessory to the residence, and one additional building up to 20.8 sq. m. (224 sq. ft.), additional allowance for one horse shelter, not to exceed 20.8 sq. m. (224 sq. ft.); acres in size - one building up to 297 sq. m. (3,200sq. ft.), accessory to the residence, and one additional building up to 20.8 sq. m. (224 sq. ft.), additional allowance for two horse shelters, each shelter is not permitted to exceed 20.8 sq. m. (224 sq. ft.); Over 20 acres in size - one building up to sq. m. (4,000 sq. ft.), accessory to the residence or for agricultural general purposes on agricultural zoned parcels when an agricultural operation exist on the property, and one additional building up to 20.8 sq. m. (224 sq. ft.), additional allowance for three horse shelters, each sheltwer is not permitted to exceed 20.8 sq. m. (224 sq. ft.); The keeping of up to three (3) adult dogs over 6 months of age at any one time, on a lot containing a dwelling. Provisions on Keeping of dogs can be found under Section 9.13 and information on Dog Kennels can be found under Section of this Bylaw. Uncovered attached patios/decks at grade (less than 0.60m (2ft) Attached patios/decks at grade (less than 0.60m (2ft) above above grade) within 1m (3ft) of a side or rear yard in all land use grade) within 1m (3ft) of a side or rear yard in all land use districts; districts; 6/6/2016 4

5 Section School Divisions Make it a requirement for the school divisions to require a development permit for buildings now, where they were previously exempt from getting a permit, to allow for the MD to ensure that appropriate engineering and development standards are met The use of land by Education Services, in which the Educational Service has the legal right to use the land for work or development being carried out by the Educational Service, excepting out all buildings, in which case a Development Permit is required as a permitted use to ensure appropriate engineering and development standards are met. The use of land by a School Division, in which the School Division has the legal right to use the land for work or development being carried out by the School Division. AMENDMENT TO SECTION LETTERS OF COMPLIANCE Section 4.8 Letters of Compliance We are adding a statement new to the letter of compliance section for clarity. The location of all buildings as submitted on a real property report shall be measured from the outside surface of the exterior walls and/or outside surface of the foundation, to the boundaries of the property line ; None AMENDMENTS TO SECTION DEVELOPMENT PERMIT APPROVAL PROCESS Section Variance powers Section Variance powers Amended the variance power clause putting the requirement to demonstrate a suitable site back onto the Developer rather than a decision by the Development Authority to determine a site is more appropriate. We added Service District to the variance powers for building heights to allow for those uses such as churches and schools where the heights are commonly higher. The variance power given to the Development Authority under Section of this Bylaw shall not be exercised with respect to a proposed development unless the landowner can demonstrate that the proposed location is the most appropriate site for the proposed development ; The development authority may allow a variance of building height to a maximum of 50% required under this bylaw, with respect to development within the Industrial Districts, Commercial Districts and the Service District. The variance power given to the Development Authority under Section of this Bylaw shall not be exercised with respect to a proposed development unless it has been determined that a suitable site meeting setbacks required by this Bylaw is not available on the lot. The development authority may allow a variance of building height to a maximum of 50% required under this bylaw, with respect to development within the Industrial Districts, Commercial Districts. 6/6/2016 5

6 AMENDMENTS TO SECTION GENERAL REGULATIONS Section Oversized Garages Remove Section from the bylaw and include it within the exception section of the Residential Hamlet district as it only applies to those developments that were created under the old bylaw within the Hamlet Residential land use. No new section in Section 9. Change will show in the Hamlet Residential Section. On Residential zoned properties, special provisions consistent with an approved Area Structure Plan, bylaw amendments may be considered by the Municipality to allow the following: - A garage up to 50% of the dwelling size (provided that the garage does not exceed a maximum of 2,400 sq. ft.); - To allow the maximum of 2,400 sq. ft. garage to be split into two different structures either attached or detached from the residence. Section 4.2 of this bylaw outlines all provisions where no Development Permit is required for the construction of accessory buildings. All other instances are considered requiring a Development Permit. It is the landowner s responsibility to ensure that they have obtained all necessary permits. AMENDMENTS TO SECTION 10 - SPECIFIC REGULATIONS Section e. & Breakfast Bed This section is amended to be consistent with the changes to Section 9.24 that were made in the orignal Land Use Bylaw rewrite. Sign no larger than 0.55 sq.m. (5.92 ft.) in area may be erected to identify a bed and breakfast facility. This sign is permitted to be placed at the entry of the property, provided it is solely on the landowner s property and not in the road right of way; and Fascia Sign no larger than 0.55 sq.m. (5.92 ft.) in area may be erected to identify a bed and breakfast facility. 6/6/2016 6

7 Section Recreational Vehicle Storage Amend the section that references temporary storage of unoccupied recreation vehicles considered as a discretionary by adding a provision stating "where listed as a discretionary use in the land use district" for clarification PROPOSED TEXT CHANGES TO LAND USE BYLAW - JULY 2016 Development Permit for temporary storage of unoccupied recreation vehicles may be considered as a discretionary use for the following: a. Storage of between 6 and 10 unoccupied recreation vehicles on Agricultural and Agricultural Business district parcels; b. Storage of up to 5 (five) unoccupied recreation vehicles on Country Residential and Cluster residential parcels; c. Where listed as a discretionary use in the specific land use district; d. Where the storage of recreation vehicles exceeds the criteria listed in Section , is not exempt under Section 4.2 of this bylaw, and/or is not listed as a discretionary use, a site specific amendment is required to allow for recreation vehicle storage in all land use districts. - A Development Permit will be required following approval of a site specific amendment, prior to development occurring. Development Permit for temporary storage of unoccupied recreation vehicles may be considered as a discretionary use for the following: a. Storage of between 6 and 10 unoccupied recreation vehicles on Agricultural and Agricultural Business district parcels; b. Storage of up to 5 (five) unoccupied recreation vehicles on Country Residential and Cluster residential parcels; c. Where the storage of recreation vehicles exceeds the criteria listed in Section , is not exempt under Section 4.2 of this bylaw, and/or is not listed as a discretionary use, a site specific amendment is required to allow for recreation vehicle storage in all land use districts. - A Development Permit will be required following approval of a site specific amendment, prior to development occurring. Section Home Based Businesses Amend Table 10.12A to be consistent with the changes that were made to the sign provisions under Amend Table B to be consistent with the changes provided under DC District #27 for Major Home Based Business for consistency. Sign no larger than 0.55 sq.m. (5.92 ft.) in area; This sign is permitted to be placed at the entry of the property, provided it is solely on the landowner s property and not in the road right of way; No offensive noise, vibration, smoke, dust, odor heat, glare, electrical or radio disturbances detectable beyond the boundary of the lot; Fascia Sign no larger than 0.55 sq.m. (5.92 ft.) in area; As approved by Development Permit On parcels 10 acres and larger, exterior storage may be allowed if in the opinion of the Approving Authority, the exterior storage is adequately screened; As approved by Development Permit; Exterior storage may be allowed on parcels greater tahnb 10 acres if adequately screened. A maximum of 5 vehicles or equipment may be stored outdoors; 6/6/2016 7

8 AMENDMENTS TO LAND USE DISTRICTS Country Residential District Add the following setback exeptions to the Country Residential District on the outlined parcels approved under the Sirroco Area Structure Plan; Sirroco Area Structure Plan: For the following properties: Plan , Block 1, Lot 6-9, Plan , Block 2, Lot 1, and Plan , Block 3, Lot 1: - Front yard setback: 5m (16.4 ft.) from the property line; - - Side yard setback: 1.5m (4.92 ft.) from the property line; - Rear yard setback: 8m (26.25 ft.) from the property line for the principle building and 1m (3.28 ft.) from the property line for any accessory building; Cluster Residential District Amend Section of the Cluster Residential District (minimum setback requirements) to allow for development of the smaller sized lots as anticipated for a cluster style development. Front Yard Setbacks: - - 5m (16.40 ft) from internal subdivision road property line; 4m (13.12 ft.) from the right of way of a municipal road located within a Hamlet; Yard Setbacks: (16.40 ft) from the property line. Side 5m Front Yard Setbacks: 15m (49.21 ft) from the right of way of an internal subdivision road; Side Yard Setbacks: 15m (49.21 ft) from the property line; Hamlet Residential District Add the following exception to Section for setback exeptions within the Hamlet Residential District on the outlined parcels approved under the Heritage Pointe Area Structure Plan to allow for above grade decks to encroach into the regular rear yard setbacks. Rear yard setbacks: 1.5 meter encroachment into regular rear yard setbacks requirements for above grade decks; for those properties within Heritage Pointe Area Structure Plan area; Add an exception under Section within the Hamlet Residential District to allow for larger garages on parcels within the existing large Area Structure Plans that are already under development and are zoned Hamlet Residential for consistency throughout the existing subdivision and to avoid non-comforming situations where possible. A garage up to 50% of the dwelling size (provided that the garage does not exceed a maximum of 2,400 sq. ft.) split into two different structures, either attached or detached from the residence is permitted on parcels that are located on lands within the Heritage Pointe Area Structure Plan, lands within the Heritage Pointe Stage 3 Artesia Area Structure Plan, lands within the Hawks Landing Area Structure Plan, and parcels within Priddis Greens. This was provided for under Section of the previous bylaw. Section is to be removed from the Bylaw. See above. 6/6/2016 8

9 Service District Amend the Education Services use in this district to align with the new definition where Private is differentiated from Public. Educational Services, Private/Charter - Discretionary Use Educational Services, Public/Separate - Permitted Use Educational Services - Discretionary use Recreation District Add an exception under Section within the Recreation District to allow for the reduced setback on the existing outlined parcels; For Plan , units 51 through 56 and Plan , Units 58 through 63, allow for 0 setback to property lines, excepting the rear yard of the dwelling units which shall be 15m; For Plan , units 32 through 41 and Plan , units 1 through 26, allow for the use of setbacks as defined under the Hamlet Residential District; 6/6/2016 9

10 Federal/Provincial Jurisdiction District Municipal Land/Reserve District Direct Control District Black Diamond Industrial Rural District New land use district created for those sites that are regulated under Federal and Provincial Jurisdiction. We currently have no jurisdication for permits or regulations of these sites but do require a land use. This district allows for Council to have some control through transitioning of these lands if they are sold or the superior jurisdiction is removed. New land use district created to allow for some development requirements for uses Municipal Reserve, School Reserve, and Community Reserve parcels of land as well as Municipal owned lands containing community, school, or recreational uses. This will allow us toregulate provisisions such as setbacks, parking, storage, etc as well as appropriate engineering of Development on these sites. New land use district created to allow for the continued operation of industrial related business on lands on the northwest edge of the Town of Black Diamond. This district recognizes the necessity for uses to reman primarily light/medium industrial in nature due to the proximity to waste disposal sites, natural resource extraction activities in the area, and in response to limited reclamation and remediation of the lands in the area. The importance of maintaining minimual nuissance factor extending beyond the boundaries of the site must be considered when looking at new uses on these lands to reduce impact on the Town of Black Diamond. NEW LAND USE DISTRICTS See Attached District See Attached District See Attached District 6/6/