Land Use Bylaw ###-## March 26, 2012 (Revised September 29th, 2015 with Track Changes)

Transcription

1 Land Use Bylaw ###-## March 26, 2012 (Revised September 29th, 2015 with Track Changes)

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3 AMENDMENTS REVISION # DATE BYLAW # DESCRIPTION i

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5 TABLE OF CONTENTS 1 INTRODUCTION Title Purpose Repeal Effect and Application Severability Rules of Interpretation Compliance with Other Legislation ADMINISTRATION Approving Authorities Bylaw Amendment Process Redistricting Review Process Notification of Public Hearing Bylaw Review by County Council Resubmission Interval Consolidation of Amendments DEVELOPMENT APPLICATION Compliance Development Permit Not Required Application for Development Conditions Development Permit Application Requirements for Natural Resource Extraction and Processing Development Permit Issuance and Notice Permit Extension Stop Orders, Notices and Enforcement Right of Entry Certificate of Compliance Application for Subdivision Offences and Penalties DEVELOPMENT REGULATIONS Abandoned Gas and Oil Wells Accessory Structures i

6 4.3 Access, Parking, and Loading Adaptive Reuse of Dwelling on Industrial and Commercial Parcels Airport Protection Overlay Building Design Confined Feeding Operations Cynthia Solar Aquatics Sewage Treatment Plant Demolition/Removal Fences Guest Ranches Hazardous Areas Home Occupations Keeping of Animals Keeping of Dogs Landscaping Natural Resource Extraction and Processing Man-Made Water Features Number of Dwellings per Parcel Recreational Vehicles School Bus Regulations Secondary Suites Signs Solar Collectors Stockpiling of Soil Storage Containers Telecommunication Towers LAND USE DISTRICTS Establishment of Land Use Districts District Boundaries Summary of Permitted (P) and Discretionary (D) Uses AGRICULTURAL DISTRICTS AG - Agricultural AGH - Agricultural Holdings RESIDENTIAL DISTRICTS CR - Country Residential CCR - Compact Country Residential ii

7 7.3 HR - Hamlet Residential BVC - Birchwood Village Greens Condominium MHP - Manufactured Home Park BUSINESS DEVELOPMENT DISTRICTS C - Commercial RI - Rural Industrial LI - Light Industrial EXCLUSIVE DISTRICTS R - Recreation CL - Crown Lands Direct Control (DC) PI - Public Institutional UR - Urban Reserve DEFINITIONS LAND USE MAPS Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure iii

8 11.20 Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure Figure 41 Buck Creek Figure 42 Cynthia Figure 43 Lodgepole Figure 44 Poplar Ridge Figure 45 Rocky Rapids Figure 46 Violet Grove Figure 47 Aerodrome Protection Overlay Figure 48 Cynthia SAS Setback ADDITIONAL FIGURES Figure 49 Notification Sign Sample Template iv

9 1 INTRODUCTION 1.1 Title This bylaw may be cited and titled as the Brazeau County Land Use Bylaw. 1.2 Purpose The purpose of this bylaw is to regulate and control the use and development of land and buildings within Brazeau County in order to achieve the orderly development of land, and for that purpose, amongst other things: (a) (b) (c) (d) (e) To divide the County into districts; To prescribe and regulate for each district the purposes for which land and buildings may be used; To establish utility and servicing requirements; To identify and establish the Development Authority; and To establish a process for managing development permits including appeals. 1.3 Repeal Bylaw No , and amendments thereto, are hereby repealed Direct Control Bylaws [insert all Direct control bylaws being carried forward] shall be carried forward and remain in effect with the same standards in place prior to the adoption of this bylaw or until further amended or repealed. 1.4 Effect and Application All development within the County municipal boundaries must comply with this bylaw The system of measurement used in this document is the metric system. Imperial conversions of metric measurements are provided in brackets, but shall not be used in lieu of metric measurements Compliance with this bylaw does not exempt any person undertaking a development from complying with all applicable municipal, provincial and federal laws, and respecting any easements, covenants, agreements, and other contracts affecting the land or development. 1.5 Severability If any part of this Bylaw is held to be invalid by a decision of a court of competent jurisdiction, that decision will not affect the validity of the remaining parts of this Bylaw. 1.6 Rules of Interpretation Compliance with the policies in this Bylaw shall be interpreted and applied as follows: (a) Shall and Must means mandatory compliance; 1

10 (b) (c) Should means compliance in principle, but is subject to the discretion of the Development Authority where compliance is impracticable or undesirable because of relevant planning principles or circumstances unique to a specific application; and May means discretionary compliance or a choice in applying policy Where a regulation involves two (2) or more conditions, provisions or events connected by a conjunction, the following shall apply: (a) (b) (c) And means all the connected items shall apply in combination; Or indicates that the connected items may apply singly or in combination; and Either-or indicates the items shall apply singly but not in combination Words used in the singular include the plural and vice-versa When a word is used in the masculine it will refer to either gender Words used in the present tense include the other tenses and derivative forms All measurements in this Bylaw are metric. In the case of any conflict between information expressed in metric units and in imperial units, the metric shall govern In the case of any conflict between a number written in numerals and a number written in letters, the number written in numerals shall govern In the case of any conflict between the text of this Bylaw and any maps or drawings used to illustrate any aspect of this Bylaw, the text shall govern Pursuant to Section of the Act, in the event of a conflict or inconsistency between a statutory plan or a land use bylaw, and an Alberta Land Stewardship Act (ALSA) regional plan, the ALSA regional plan prevails to the extent of the conflict or inconsistency Words, phrases and terms not defined in this Bylaw shall be given their definition in the Municipal Government Act, Subdivision and Development Regulation, and relevant enactments. Other words shall be given their usual and customary meaning. 1.7 Compliance with Other Legislation A person applying for, or in possession of, a valid development permit is not relieved from the responsibility of ascertaining and complying with or carrying out development in accordance with: (a) The requirements of any statutory plan; (b) The requirements of the Alberta Safety Codes Act, RSA, 2000, Chapter S- 1; (c) The requirements of any other appropriate federal, provincial and/or municipal legislation; (d) The conditions of any caveat, covenant, easement or other instrument affecting a building or land; and (e) The requirements of other applicable Brazeau County Bylaws, Policies and Procedures as adopted by the County from time to time. 2

11 2 ADMINISTRATION 2.1 Approving Authorities Bylaw Municipal Planning Commission and Officer Bylaw- establishes the Municipal Planning Commission to exercise powers and duties on behalf of the municipality pursuant to the Act. (a) Development Officer(s) (a) The Municipal Planning Commission shall: (i) Perform such duties as are required pursuant to this Bylaw and amendments thereto; and (ii) Decide on development applications, referred to it by the Development Authority. A Development Officer, acting as the Development Authority: (i) Shall review all applications for a development permit to determine if they are complete and made for the appropriate use; (ii) Shall refer an application to any municipal, provincial, federal, inter-jurisdictional department or any other agency within an 0.8km (0.5 miles) radius of the subject lands; and may refer the application to department or agencies up to 2km (1.25 miles) from the subject lands proposed for development (iii) May refer an application to adjacent landowners in hamlets, and multi-parcel subdivisions within 100 m of the proposed development; (iv) May refer an application for uses such as confined feeding operation, natural resource extraction and processing, major commercial, and heavy industrial, in areas where no area structure plan or area redevelopment plan is adopted, to all adjacent land owners; (v) Shall consider and approve a development permit for a permitted use which complies with this Bylaw without conditions or with such conditions necessary to ensure compliance with this Bylaw; (vi) Shall refer development permit applications for permitted uses with a variance to a setback over fifty percent (50%) or a variance to any other development regulation to the Municipal Planning Commission (MPC); (vii) Shall refer development permit applications for all discretionary uses which complies with this Bylaw to the Municipal Planning Commission; (viii) May consider and decide upon applications for a Certificate of Compliance under section 3.10 of this Bylaw and shall not approve an application which does not comply with this Bylaw unless a variance is granted; (ix) Shall receive, review, refer, and make recommendations on applications to amend the text of this Bylaw or the Land Use Maps to County Council; (x) May enforce the provisions of this Bylaw; 3

12 2.1.3 Right of Entry (a) (xi) May impose conditions to ensure compliance with the Land Use Bylaw which are deemed appropriate for the approval of a permit; (xii) Shall have discretion for approving up to a fifty percent (50%) variance for setbacks on permitted use development permits; (xiii) Shall perform other such duties as described elsewhere in the Bylaw including public notification and the exercise of discretion and variance; (xiv) Shall consider and approve a development permit that is consistent with a license, permit, approval or other authorization granted by the Natural Resources Conservation Board, Alberta Energy Regulator or Alberta Utilities Commission; and (xv) A Development Officer may impose conditions to any use where a registration, license, permit, approval or other authorization has been granted by the Natural Resource Conservation Board, Alberta Energy Regulator or Alberta Utilities Commission. In accordance with Section 542 of the Act, after providing reasonable notice a designated officer may enter into or upon any land or building within the County to ensure compliance with this Bylaw Subdivision and Development Appeal Board (a) (b) (c) The Subdivision and Development Appeal Board, as established by Council pursuant to the Act, must perform such duties as specified by this Bylaw and the Subdivision and Development Appeal Board Bylaw adopted by Council. The Subdivision and Development Appeal Board shall hear subdivision and development appeals and shall make decisions in accordance with the provisions of the Act and shall have regard for the statutory documents of the County. The Subdivision and Development Appeal Board shall keep and maintain, for the inspection of the public during office hours, a record of its proceedings presented at a hearing. 2.2 Bylaw Amendment Process Brazeau County Council may, from time to time, amend the text, schedules, or Land Use Maps to bring this Bylaw into conformity with the Municipal Development Plan or to respond to changing conditions or needs of Brazeau County and its residents and landowners Any person may apply for an amendment to the text of this Bylaw by submitting the application fee required by the Schedule of Fees Bylaw and a written statement to describe and justify the proposed amendment. This should include a statement describing the implications of the amendment County Council may initiate an amendment to the Land Use Maps, including establishing a Direct Control District. Landowners in Brazeau County may apply to have their own land changed to another district. 4

13 2.3 Redistricting Review Process An application for redistricting must be made in sufficient time as determined by Brazeau County for circulation and review A completed application includes the following: (a) (b) (c) (d) (e) (f) Completed application form; Current certificate of title dated less than fourteen (14) days and signed authorization to act on behalf of the owner if submitted by an agent; Written statement to describe and justify the proposal; Application fee required by the Schedule of Fees Bylaw; Permission for reasonable right-of-entry by a designated officer for inspection; and Any additional information Brazeau County may require, in order to prepare, evaluate, and make a recommendation concerning the proposed redistricting to determine the best use of the land. This may include analysis by a qualified professional of the potential effect on land use, traffic, environment, utilities, and other municipal services and facilities if the amendment proposes a change, increase in density or intensification, or change of use. The information provided may be required to address the following: (i) Consistency with the Municipal Development Plan and other statutory plans or policies adopted by Brazeau County; (ii) Traffic impact in terms of daily and peak hour trip generation and assignments; (iii) Requirements for drainage, water, sewage and other utilities and infrastructure relative to available or future capacities; (iv) Compatibility with surrounding areas in terms of land use (including the use, enjoyment, and value of adjacent lots), function, and scale of development and potential effects on stability and rehabilitation of the area; (v) Geotechnical Evaluation of the site to confirm: 1. Slope stability if over thirty (30) percent (%) grade; 2. Appropriate top of bank setbacks; or 3. Site suitability for onsite septic sewage disposal on parcels of less than ten (10) acres; (vi) Assessment of effect on environmentally significant areas; (vii) Assessment of effect on community services and facilities such as schools, parks, recreation, fire protection, and health; (viii) Assessment of effects on the natural environment including potential mitigation measures; (ix) A consideration of buffers shall be as required by the Development Officer recognizing the type and magnitude of both the development and surrounding land uses; (x) Staging, implementation schedule, and duration of construction for any proposed development; (xi) Municipal land, right of way or easement requirements; and 5

14 (xii) Any known concerns and opinions of area residents, landowners, adjacent municipalities, and affected stakeholders regarding the application Brazeau County may consider a redistricting without all the above requirements if it is of such a nature that a decision can be made without some of the required information Brazeau County may refer any application for a proposed amendment to any municipal, provincial, or federal department or any other agency or body. 2.4 Notification of Public Hearing Where a public hearing is required by the Act on a proposed amendment to this Bylaw, notice shall be: (a) (b) Published at least once a week for two (2) consecutive weeks in at least one (1) newspaper or other publication circulating in the area; and Mailed or otherwise delivered by Brazeau County to the owners of all parcels which are the subject of the proposed amendment, any abutting or adjacent parcels or, if within a hamlet or multi lot subdivision, parcels within 100 m (328 ft) of the subject lands. 2.5 Bylaw Review by County Council County Council will review the report and recommendations and may: (a) (b) (c) (d) Request further information; Approve the proposed text amendment or redistricting as proposed; Approve the proposed text amendment or redistricting with modifications within the scope of the Municipal Government Act; or Refuse the proposal. 2.6 Resubmission Interval Where an application for an amendment to this Bylaw has been refused by Brazeau County, another application for the same or substantially the same amendment shall not be considered within one year of the date of the refusal unless County Council directs otherwise. 2.7 Consolidation of Amendments Brazeau County Council may, from time to time, amend the text, schedules, or Land Use Maps to bring this Bylaw into conformity with the Municipal Development Plan or to respond to changing conditions or needs of Brazeau County and its residents and landowners. 6

15 3 DEVELOPMENT APPLICATION 3.1 Compliance Land, buildings, or signs in Brazeau County can only be developed or used in conformity with the uses permitted in the applicable district and all the regulations in this Bylaw except for legal non- conforming uses or as approved by the Development Authority No development, unless designated in section 3.2, may be commenced within the County unless a development permit authorizing the use and development has been issued A person is responsible for complying with the requirements of other municipal Bylaws, policies, easements, environmental reserve easements, covenants, conservation agreements, development agreements, or provincial or federal statutes or regulation. 3.2 Development Permit Not Required The following developments are exempt from requiring a development permit as long as they satisfy all other development regulations contained with this Bylaw: (a) (b) (c) (d) (e) (f) Maintenance or repair of a building that does not involve structural alterations and does not change the use, intensity of use or footprint of the building; Construction, maintenance and/or repair of public works, services and utilities completed by or on behalf of federal, provincial or municipal public authorities on land which is publicly owned or controlled; The erection of a radio towers/mast/aerials, television aerial, or satellite dish; Agricultural, extensive development; Development specified in Section 618 of the Act, which includes: (i) A highway or road; (ii) A well or battery within the meaning of the Oil and Gas Conservation Act; (iii) A pipeline or an installation or structure incidental to the operation of a pipeline; or (iv) Any other action, person, or thing specified by the Lieutenant Governor in Council by regulation. Accessory and Minor Uses (i) Alterations including tenant improvements in a multi-tenancy building; (ii) Satellite dishes no greater than 1.0 m (3.3 ft) in diameter that are attached to a building; and (iii) In all districts: (1) The erection or construction of gates, fences, walls or other means of enclosure in the rear and side yards of up to 2.0m (6.6ft) and 1.0m (3.3ft) in front yards; 7

16 (g) (h) (i) (j) (iv) Decks (i) (ii) (2) An accessory structure less than16.8 m 2 (180.8 ft 2 ) in floor area; and (3) Up to two (2) tarp structures under 40.0m 2 (430.6 ft 2 ) in size. In Agricultural Districts: (1) The erection or construction of any gates, fences, walls or other means of enclosure less than 2.7 m (8.9 ft.) in height provided that such fences, gates or other means of enclosure do not impede vehicular sight lines upon roads; (2) The erection or construction of a farming operation identification sign; (3) The construction of any agricultural accessory building to be used in conjunction with a farming operation with a floor area of no more than 450m 2 ( ft 2 ) including but not limited to pole sheds, animal shelters, equipment storage, granaries, silos, tarp structures, and hay shelters; this does not include buildings with any residential occupancy; (4) Excavation or construction of any man-made water feature deemed accessory to the principal use, subject to the provisions of subsection 3.2 (1)(i); (5) Stockpiling of soil as specified in subsection 4.23; and (6) An unlimited number of tarp structures, for any purpose, are allowed as long as their size does not exceed 40m 2 (430.6 ft 2 ). The construction of a deck with a floor area not more than 0.61 m (2.0 ft.) above average grade; and Decks in agricultural districts and the Country Residential (CR) District are exempt from setback requirements. Demolition/Removal (i) Demolition/removal of a structure if a development permit has been approved for a new development on the same site and where demolition/removal is a condition of that permit; and (ii) No development permit is required for the demolition/removal of a structure in the Agricultural (AG) and Agricultural Holdings District (AGH). Man-made Water Features (i) Man-made water features that include an area less than 1000 m 2 (10,764.3 ft 2 ) in an agricultural districts and 500 m 2 (5,382.1 ft 2 ) in all other districts; and (ii) Man-made water features shall meet the minimum yard requirements of the applicable district and shall be setback a minimum of 40 m (131.2 ft.) from the highway property line of a provincial highway. Landscaping (i) Play structures less than 3.5 m (11.5 ft) in height; 8

17 (k) (l) (m) (n) (ii) Fencing within the Commercial, Rural Industrial, and Light Industrial less than 2.5 m (8.2 ft.) in height; (iii) Clock towers, monuments, sculptures, federal, provincial or municipal flags, and similar aesthetic enhancements not in a residential district; (iv) Landscaping and private walkways, retaining walls, pathways and driveways where the existing grade and surface drainage pattern is not significantly altered and will not create off-site impacts, provided that there is no reduction in the amount of landscaping required by this Bylaw; and (v) Stockpiling of soil as specified in subsection 4.23 in industrial districts. Care Facilities (i) Foster homes approved by Alberta Children s Services; and (ii) Daycare or elder care centres, day nurseries, family day home, childcare, kindergartens, nursery schools and play schools for six (6) or less persons. Recreational Vehicles (i) The parking, storage and temporary use of recreational vehicles as specified in subsection 4.28 Recreational Vehicles. Signs (i) (ii) (iii) (iv) (v) Non-illuminated signs not exceeding 3.0 m 2 (32.3 ft 2 ) in sign area, except for no trespassing, no hunting or similar type warning signs, there must be a limit of two (2) such signs per lot without a development permit; Signs in relation to the function of local authorities, utility boards, or other public or quasi-public bodies; Signs advertising for sponsors at a recreational facility or cultural facility are unlimited in number, provided they do not exceed 3.0 m 2 (32.3 ft 2 ) in size; Temporary advertisement not exceeding 3.0 m 2 (32.3 ft 2 ) in sign area relating to the sale or renting of land, the sale of goods or livestock, the carrying out of building or similar work, announcement of any local event of a religious, educational, cultural, political or similar character provided that all such temporary advertisements must be removed by the advertiser within fifteen (15) days of the completion of the event or works to which such signs relate; and Signs shall not be permitted within 305 m ( ft.) of a highway unless prior approval from Alberta Transportation has been obtained, otherwise setback distances do not apply Site Grading (i) Site grading is a permitted use requiring a development permit in all districts unless it is exempt by this section; (ii) Site grading does not require a development permit if it is undertaken in association with an approved development agreement with Brazeau County for: 1. Public utilities or roads; or 9

18 (o) (p) (q) (r) (s) 2. Is related to a development that includes a lot grading plan. (iii) Site grading does not require a permit if: 1. It is undertaken in: a. The agricultural districts; or b. Any other district, up to a maximum area of 250 m 2 (2,691.1 ft 2 ); 2. No watercourse or drainage easement is affected and water is not directed onto an abutting parcel or, adjacent lands are not deprived of water as a result of altering drainage; 3. None of the topsoil or fill being brought onto the site is contaminated with construction rubble or any hazardous substances; and 4. It is consistent with the Public Works Minimum Design Standards, as required. Trapping (i) All types of trapping requiring a provincially regulated permit shall be exempt from requiring a Development Permit. Temporary Structures (i) A temporary polling station, election official s headquarters, candidate's campaign office, or any other temporary use for a federal, provincial, or municipal election, referendum, or census; (ii) A permit issued for a work camp and any related structure is deemed a temporary permit for a temporary use or structure; and (iii) A temporary structure, including a temporary surveillance suite, required for the erection, maintenance, or alteration of an approved development will be removed within thirty (30) days of project completion, unless a permit is approved to change the status to accessory structure. Tree Clearing (i) Tree clearing is exempt from requiring a permit in all districts except within 30 m (98.4 ft) of water bodies, natural hazard areas, the crest or toe of slopes over thirty percent (10%) or within the flood plain of a named water course; and (ii) Tree clearing does not include a commercial logging operation, which is considered a natural resource extraction use. Utilities (i) Utility services underground or in registered rights-of-way; and (ii) On-site private sewage disposal system/ water supply system must be contained within the parcel boundaries. Solar Collectors (i) In all districts except hamlet districts, the erection and operation of a solar collector does not require a development permit, but must adhere to subsection 4.22 Solar Collectors. 10

19 3.3 Application for Development An application for a development permit must be made to the Development Authority in writing on a form prescribed by Council and must be accompanied by: (a) (b) (c) (d) (e) A site sketch showing the front, rear, and side setbacks, heights, landscaped areas, off street loading, vehicle parking if required, and the location of wells, pipelines, water features, roads, access, and slopes to the satisfaction of the Development Authority; Current Certificate of Title dated less than fourteen (14) days and signed authorization to act on behalf of the owner if submitted by an agent; The estimated commencement and completion dates; An administration fee as set by the Schedule of Fees Bylaw; and Any other plans and information the Development Authority may consider necessary to properly evaluate the proposed development The Development Authority may refuse to accept an application for a development permit where the information required by subsection has not been supplied or where, in the opinion of the Development Authority, the quality of the material supplied is inadequate to properly evaluate the application After the acceptance of a development permit application, if the Development Authority deems more information is required to make the decision, the applicant will have ninety (90) days to provide the required information or the application may be refused. Extensions to this timeline will be granted subject to the discretion of the Development Authority The Development Authority may consider an application and render a decision without all of the information required by subsection if, in the opinion of the Development Officer, a decision on the application can be properly made without such information The Development Authority: (a) Shall receive, consider, and decide upon all complete applications for a development permit; and (b) May refer any received application to an adjacent municipality, relevant agency or person which may provide comment respecting the application; and (c) Shall refer all such applications to the Alberta Energy Regulator within 1.5 km (0.93 mile) of a sour gas facility; and (d) Shall refer applications for discretionary use or variance over fifty percent (50%) to adjacent landowners within 800m of the subject lands to provide comment Decisions for Permitted Use in any district: (a) For a permitted use in any district, the Development Officer must approve an application for a development permit if the application complies with the requirements of this Bylaw, the Act, Subdivision and Development Regulation, and applicable statutory plans, and the Development Officer may attach conditions to the permit necessary to ensure any of the following: (i) Arrangements satisfactory to the Development Authority for the supply of utilities including, but not limited to, water, sanitary 11

20 (b) sewer, and storm sewer, or any one or more of them, including payment of the cost of installation or construction of any such utility or facility by the applicant; (ii) Arrangement satisfactory to the Development Authority for vehicular and pedestrian access from public roads, including payment of the costs of installation or constructing any such facility by the applicant; (iii) That the developer enters into a development agreement or an interim agreement, which must form part of such development permit and may be required to be registered by caveat against title to the site at the Land Titles Office, to do any or all of the following: 1. To construct or pay for the construction of a road required to give access to the development; 2. To construct, or pay for the construction of: a. A pedestrian walkway system to serve the development; or b. Pedestrian walkways to connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development, or both. 3. To install or pay for the installation of on-site and/or offsite public utilities or works and landscaping, other than telecommunications systems or works, that are necessary to serve the development; or 4. To construct, or pay for the construction of: a. Off-street or other parking facilities; and b. Loading and unloading facilities. (iv) That the developer pay an off-site levy, connection fee, or redevelopment levy imposed by a bylaw adopted pursuant to the Act; (v) That the developer provide security to ensure compliance with this Bylaw, a development permit, an agreement under this clause and/or a statutory plan, which security may include, but is not limited to, a performance bond, an irrevocable letter of credit or charge against the certificate of title; and (vi) That the applicant repair, reinstate, or pay for the repair or reinstatement to the original condition, any street furniture, boulevard landscaping, and/or tree planting which may be damaged or destroyed or otherwise harmed by the development or construction operations on the site. For a permitted use in any district, the Development Officer may approve an application for a development permit requiring a variance of a yard setback requirement by up to fifty percent (50%) if, in the opinion of the Development Authority, the proposed development: (i) Would not: 1. Unduly interfere with the amenities of the neighbourhood; or 12

21 (ii) 2. Materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; and Conforms with the use prescribed for that land or building under this Bylaw Decisions for a Discretionary Use or a Permitted Use Requiring a Variance (a) (b) (c) (d) For a discretionary use or a permitted use requiring a variance in excess of the Development Officer s authority in any district, the Municipal Planning Commission may approve an application for a development permit subject to: (i) Any conditions required to ensure compliance with the Land Use Bylaw; and (ii) Any conditions the Municipal Planning Commission may deem appropriate to ensure compatibility with amenities of the surrounding neighbourhood and the use, enjoyment, and value of the neighbouring parcels of land, including, but not limited to, the following: 1. Limiting the time of operation including hours of the day, days of the week, and parts of the year; 2. Limiting the number of customers; 3. Requiring attenuation or mitigation of noise or any other nuisances that may be generated by the proposed development; 4. The location, character, and appearances of buildings; 5. The grading of the site or other matters as are necessary to protect other developments from the site; and 6. Establishing the period of time during which a development may continue. For a discretionary use, or a permitted use that requires a variance to a minimum requirement in excess of 50%, or a permit for any use that requires a variance to a general development standard, the Municipal Planning Commission may approve an application for a development permit, even if the proposed development does not comply with the land use bylaw or is a non-conforming building, if in the opinion of the Municipal Planning Commission, the proposed development: (i) Would not: 1. Unduly interfere with the amenities of the neighbourhood; or 2. Materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; and (ii) Conforms with the use prescribed for that land or building under this Bylaw. For any use in any district, the Development Authority may refuse an application for a development permit providing reasons for its refusal; and Upon refusal of an application for a development permit, pursuant to this part or by the Subdivision and Development Appeal Board, the submission of another application for a development permit on the same parcel and for the same use of land by any applicant may not be accepted by the Development Officer for at least twelve (12) months after the date of the final decision unless, in the opinion of the Development Officer, the 13

22 reasons for refusal have been adequately addressed or the specifics of the application differ from the previous application. 3.4 Conditions A Development Authority may impose conditions to the approval of a permitted use to ensure compliance with this Bylaw A Development Authority may impose such conditions as a Development Officer deems appropriate for the approval of a discretionary use or where a variance has been granted. This includes limitations on the hours of operation of any discretionary use A Development Authority may impose a condition to the approval of any use requiring the applicant to: (a) (b) (c) Pay any off-site levy and or enter into an agreement with Brazeau County to construct or pay for the construction or upgrading of public roads, walks and utilities necessary to serve the development; and/or Provide a guaranteed security to ensure that all on-site servicing, including surface drainage, is constructed to the satisfaction of the County; and/or Require a guaranteed security to ensure the terms of any conditions are carried out A Development Authority may impose conditions to any use where a license, permit, approval or other authorization has been granted by and not limited to the Natural Resource Conservation Board, Alberta Energy Regulator, Alberta Utilities Commission or Alberta Environment. 3.5 Development Permit Application Requirements for Natural Resource Extraction and Processing All natural resource extraction and processing uses, or an expansion to an existing operation, will be considered a discretionary use and development applications for such use will be required to include plans and a narrative demonstrating the following: (a) (b) (c) (d) (e) (f) (g) (h) Copies of all relevant provincial and federal approvals and permits; Site plan of the proposed development area, showing the area and dimensions of the area of extraction as well as the proposed location of the gravel stock pile; Existing site conditions (including topography, vegetation, water courses, soil and water table profiles, etc.); Site grading and drainage plan (when the extraction effects existing drainage patterns); Setbacks to all municipal roads, and to all property boundaries; Location and distances to all adjacent residences in the vicinity; Copy of development and Reclamation Plan including post-extraction conditions including proposed end use; Proposed extraction, operation, staging (including years, dates, proposed hours of operation), and the life span of the operation (if known); 14

23 (i) (j) (k) (l) (m) (n) Proposed access, hauling activities and routes (for developments requiring frequent hauling of materials or equipment); The costs required to reclaim the site for post-extraction use; May be required to submit Traffic Impact Analysis; The applicant may be required to host an open house meeting, at the discretion of the Development Authority. The meeting must be advertised in the local newspaper for at least two weeks prior to the meeting date; The applicant shall be asked if they would enter into a Time Extension Agreement to allow Brazeau County to process the application beyond the 40-day time limit stipulated by the Municipal Government Act; and The applicant may be required to provide additional information outlining potential impacts on adjacent municipality land use if development is proposed adjacent to neighbouring municipality Development permit applications for Natural Resource Extraction and Processing will be circulated, at a minimum, to the following recipients: (a) (b) (c) (d) (e) (f) (g) Alberta Environment and Parks (AEP); Alberta Cultural and Tourism Historic Resources Management Branch; Eagle Point Blue Rapids Parks Council if within 800 m ( ft.); Adjacent municipalities or within the referral area of any Inter-municipal Development Plans; Adjacent land owners within an 800 m ( ft.) radius; Land owners adjacent to the proposed haul route (if applicable); and Inter-office circulation A referral response time of no less than twenty eight (28) days will be provided In considering whether to approve Natural Resource Extraction and Processing as a discretionary use the Development Authority may have additional due regard for: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) The general purpose of the District in which its located; The future use of the site as proposed in a reclamation plan; The provisions of the Municipal Development Plan and any relevant statutory plan; The hours of operation; Relevant guidelines and conditions of operation and approval from the provincial / federal authority having jurisdiction; Conservation and replacement of topsoil for future agricultural use, planting of desirable plant species to suppress invasive plant species, and a Weed Management Plan for disturbed areas; Conservation of designated historical resources; Conservation of trees and maintenance of habitat; Conservation of environmentally significant and sensitive areas; Conservation of watercourses; The safety and the potential nuisance effect on adjacent properties; and Potential impacts, if applicable, on adjacent municipality uses. 15

24 3.5.5 The Development Authority will impose the following conditions for approval of development permit applications for Natural Resource Extraction and Processing: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) Development Agreement (where applicable); Time restrictions on the duration of the development (i.e. development permits may be subject to renewal); Screening of the operation from residential areas by means of berms, landscaping, or other means; Hours of operation; Dust control; Noise control; Road Use Agreement; Safety / traffic signage; Weed control for restricted and noxious weeds; and Enforce speed and adherence to haul routes through the use of various technological devises. 3.6 Development Permit Issuance and Notice All decisions on applications for a development permit must be provided in writing to the applicant If the Development Authority, does not make a decision within forty (40) days of application, refuses or fails to issue a development permit to a person, issues a development permit subject to conditions, or issues a stop order, the person applying for the permit or affected by the order may appeal, subject to the provisions of the Municipal Government Act and The Subdivision and Development Appeal Board Bylaw, to the Subdivision and Development Appeal Board or Municipal Government Board, as appropriate If an application is refused by the Development Authority, the notice of decision must contain the reasons for refusal A development permit does not come into effect until fifteen (15) days after the date of issuance of the notice of decision or, where a decision is made at appeal, the date the appeal decision is issued in writing A development permit must be deemed invalid where: (a) (b) (c) A period of time, as specified by the Development Authority, has elapsed or expired; The permit has been suspended or cancelled; or The approved development has not commenced within twelve (12) months from the date of issuance and been completed within twenty-four (24) months; except within the Agricultural District where the development must commence in twelve (12) months and be completed in five (5) years Development permit applications will not be accepted, except at the discretion of the Development Authority, on a parcel of land where: (a) (b) A subdivision application has been submitted but not approved, endorsed, and registered; or Where a redistricting application has been submitted but not approved. 16

25 3.6.7 If, after a development permit has been issued, the Development Authority determines that: (a) (b) (c) The application for the development had contained a misrepresentation; Facts concerning the application or the development were not disclosed which should have been disclosed at the time the application was considered; or The development permit was issued in error, the Development Authority may suspend or cancel the notice of decision or the development permit, by written notice, to the landowner An applicant, whose development permit is suspended or cancelled pursuant to this section, may appeal to the Subdivision and Development Appeal Board If the use of land or building is discontinued for twenty-four (24) consecutive months or more, the development permit is deemed expired, at the discretion of the Development Authority Pursuant to section 643 of The Municipal Government Act a non-conforming use of land or building is discontinued for a period of 6 consecutive months or more, any future use of the land or building must conform with the land use bylaw in effect and the development permit is deemed expired. 3.7 Permit Extension One-year extensions may be granted to commence and/ or complete the development from the date of issuance of the development permit Applicants can apply for two (2) one (1) year extension. 3.8 Stop Orders, Notices and Enforcement If the Development Authority determines that a development, land use, or use of a building does not conform with/to: (a) (b) The Land Use Bylaw, Part 17 of the Municipal Government Act, the Subdivision and Development Regulation; or A development permit or subdivision approval Pursuant to Section 645 of the Act, the Designated Officer may by written notice order the registered owner, the person in possession of the land or buildings or the person responsible for the contravention or all or any of them to: (a) (b) (c) Stop the development or use of the land or buildings in whole or in part as directed by the notice; Demolish, remove, replace the development or landscaping; or Take such other measures as are specified in the notice so that the development or use of the land or buildings is in accordance with the Act, a development permit, subdivision approval, or this Bylaw as the case may be, within the time specified by the notice to the owner, the person in possession of the land or building, or the person responsible for the contravention, or any or all of them in order to ensure conformity with the respective document or approval. 17

26 3.8.3 Pursuant to Section 645 of the Act, the order shall specify a deadline for compliance and: (a) (b) State a time within which the development must comply with the order; and/or State that if the development does not comply with the order within the specified time, the municipality will take the action or measure at the expense of the person If a person fails to comply with the notice under subsection (2) or an order of the Subdivision and Development Appeal Board, pursuant to the Act, the County may pursue any action necessary to perform and complete the stop order If the County is required to perform a stop order, the County may, in accordance with the Act, register such costs incurred in executing the stop order against the tax roll of the land that is the subject of the stop order. 3.9 Right of Entry Where the Development Authority finds that a development or use of land or buildings is not in accordance with: (a) Part 17 of the Act, regulations thereto, or any County bylaw; or (b) A development permit; the Development Authority may take such action as specified in sections 542 and 543 of the Act Certificate of Compliance Where a development has taken place in conformance with an approved development permit and, any required conditions have been fully complied with, a Development Officer may, if requested, issue a Certificate of Compliance stating that the completed development conforms to the requirements of this Bylaw An application for a Certificate of Compliance shall include sufficient information to determine conformance with this Bylaw including: (a) (b) (c) Application fee required by the Schedule of Fees Bylaw; Legal description and property address; and A minimum of two (2) original copies of a Real Property Report (RPR) prepared by an Alberta Land Surveyor, dated less than six (6) months old showing the details of the development and the relation to the property boundaries. If the RPR is older than six (6) months, but newer than five (5) years, a Statutory Declaration must also be submitted by the land owner which states, that nothing on the property has been changed since the RPR was prepared. 18

27 The Development Authority shall not issue a Certificate of Compliance if the necessary information with respect to the development has not been included with the application. The application shall be deemed incomplete until all the required information has been submitted A The Development Authority shall rely on a Real Property Report (RPR) and is not required to undertake independent site inspections. The Development Authority shall not be liable for any changes arising from the use of a Certificate of Compliance where the errors are the result of incorrect or incomplete information provided by the surveyor Application for Subdivision In all land use districts, no new development will be permitted on a parcel of land that is part of a new subdivision, prior to re-designation and/or registration of the subdivision The Subdivision Authority shall consider the subdivision of lands using bio-physical, site assessment criterion, and the siting criterion of the Municipal Development Plan to evaluate: (a) (b) (c) (d) (e) (f) The capability (LSRS, soil, water, topography, land ownership patterns etc.) of the land to support the proposal; The type, size, scale, site design, density, and potential impact the proposed activities may have on the adjacent and vicinity lands; Environmental factors, both on and off-site, including the air quality, surface water, and ground water hydrology; The suitability of the building site, access, site servicing requirements, and the potential impacts on the municipal infrastructure; Other factors that the Subdivision Authority deems appropriate, and Provincial legislation and regulations The Subdivision Authority may require the applicant to provide plans, studies, and/or reports to determine the criterion of subsection (2) and assist in the evaluation of the proposal Notwithstanding the above, the applicant may be required to obtain approvals from provincial agencies The applicant must provide at a minimum the following information: (a) (b) (c) (d) (e) (f) A complete application for subdivision; A tentative plan prepared by an Alberta Land Surveyor; Current certificate of title dated less than fourteen (14) days and written authorization to act on behalf of the owner if submitted by an agent; An administration fee as set by the Schedule of Fees Bylaw; and, Any other information deemed necessary by the subdivision authority. Applications for new phases in a subdivision will not be considered until previous phases have received a Final Completion Certificate (FCC). 19

28 Applications for new phases in a subdivision will not be considered until previous phases have received a Final Completion Certificate (FCC) Offences and Penalties A person who contravenes or does not comply with a provision of the Municipal Government Act, the Subdivision and Development Regulation, the Land Use Bylaw, a stop work order issued under this Bylaw, a development permit or subdivision approval, or a decision of the Subdivision and Development Appeal Board or who obstructs or hinders any person in the exercise or performance of their powers or duties is guilty of an offence and may be penalized as per section 566 of the MGA. 20

29 4 DEVELOPMENT REGULATIONS 4.1 Abandoned Gas and Oil Wells The purpose of establishing setbacks around well sites is to allow for the maintenance of the well site to occur, to protect the well site and to avoid damage to any construction or excavation equipment that may be used in construction of buildings or utilities on the site. Incorporating the setbacks and access area associated with a well site, into a subdivision and development proposals may help in determining an effective subdivision design, the location of building sites, siting of underground utilities and grading of land The development must be in accordance with Alberta Regulator Directive 79 and the Subdivision and Development Regulation Section 10.1, 11.1, and Accessory Structures An accessory structure is allowed without a principal building or use in the Agricultural District, Agricultural Holdings District, County Residential District, Direct Control District, Commercial District, Rural Industrial District, Light Industrial District, Recreation District, Public Institution District, and Urban Reserve District An accessory structure shall not be for residential occupancy unless it is an approved secondary dwelling, a secondary suite, or a surveillance suite An accessory structure shall not be constructed over an easement Accessory structures are permitted when accessory to a permitted use and discretionary when accessary to a discretionary use An accessory structure on a double fronting lot shall be sited as if a front yard setback is required on both lot lines abutting roads. However, except within the Agricultural District (AG) and the Agricultural Holdings District (AGH), a lot line abutting a road with vehicle access may be considered a front yard and the perpendicular lot line, also abutting a road, may be considered a side yard. 4.3 Access, Parking, and Loading Parking regulations applicable in all Districts (a) (b) (c) (d) Vehicle access to municipal roads must be approved by Public Works and Infrastructure; All internal roads designated for vehicle traffic shall conform with Public Works and Infrastructure Minimum Design Standards; In the event that all or a portion of the required off-street parking cannot be provided on-site, the necessary additional off-street parking may, at the discretion of the Development Authority, be provided on lands within a distance of 100 m (328.1 ft.) of the site, subject to the approval of the County and upon the terms and conditions as set out in an agreement made between the Developer, the County, and other affected parties; and On-site parking requirements for all applicable districts are described below. 21

30 4.3.2 Parking regulations applicable in all Business Districts; (a) (b) (c) Parking facilities must be adequately lit and light must be directed in a manner that will not negatively impact neighbourhood lands; Additional storm drainage generated by a parking facility must be contained within the lot or directed to a County right-of-way; and Loading spaces must be provided for all non-residential land uses to satisfaction of the Development Authority and must be located on-site Onsite parking requirements for all applicable districts are the following: USE Bed and breakfast, guest ranch Boarding/lodging facility Campground, recreational vehicle park Dwelling unit Dwelling unit, recreational vehicle Education facility/ day care service PARKING REQUIRMENT One (1) parking space per guest room. One (1) parking space per room/tenant. Two (2) parking spaces per site and one (1) per employee in attendance. Two (2) parking spaces. Two (2) parking spaces. One (1) parking space per employee in attendance and a number of parking spaces equal to five (5) percent (%) of enrolment capacity. Golf course Four (4) parking spaces per hole and one (1) parking space per employee in attendance. Home Occupation, medium Home Occupation, major Hospital/medical clinic One (1) parking space per non-resident employee/business partner. One (1) parking space per non-resident employee/ business partner One (1) parking space per 46.5 m 2 (500ft 2 ) floor area. Hotel, motel One (1) parking space per guest room and one (1) parking space per employee on site. Industrial use Personal service use Place of public assembly Place of worship Secondary suite Restaurant and drinking establishment One (1) parking space per employee in attendance. One (1) parking space per 46.5m 2 (500.5 ft 2 ) floor area. One (1) parking space per four (4) seats and one (1) parking space per employee in attendance. One (1) parking space per three (3) seats. One (1) space. One (1) parking space per four (4) seats and one (1) parking space per employee in attendance. Retail, commercial, business use One (1) parking space; per customer; per 46.5m 2 22

31 USE Social care facility PARKING REQUIRMENT (500.5 ft 2 ) floor area. One (1) parking space per employee in attendance. 4.4 Adaptive Reuse of Dwelling on Industrial and Commercial Parcels Dwellings shall: (a) (b) (c) Already exist on the site at the time the property is redistricted to either Rural Industrial, Light Industrial or Commercial; Be converted from a residential use to accommodate a business function as either a: (i) Boarding/lodging facility; or (ii) Surveillance suite; Only be occupied by the landowner(s), business owner(s), employee(s), or a caretaker of the business and their relatives. 4.5 Airport Protection Overlay The purpose of the Airport Protection Overlay is to encourage compatible land use planning in the vicinity of airports with respect to height obstructions, electrical disturbances, bird hazards, Noise Exposure Forecasts, and visibility restrictions This Overlay applies to all lands within 4 km (2.5 miles) of the end of the runway and 1 km (0.6 miles) from the side of the runway All developments within the Airport Protection Overlay shall be reviewed in accordance with Transport Canada s Guide TP 1247E, Land Use in the Vicinity of Airports as updated from time to time No development shall be approved which will jeopardize the safe use of the airports Subdivision and development within the Airport Protection Overlay must be consistent with an approved area structure plan for the area where it is located The subdivision and development regulations of the underlying district shall apply Notwithstanding subsection (6) of this section the following criteria shall be applied to subdivision and development near all airports within the Airport Protection Overlay as identified on the Land Use Maps: (a) (b) (c) Development shall not exceed 16 m (52.5 ft) in structural height, measured from the grade of the runway, within 4 km (2.5 miles) of the end of the runway and 1 km (0.6 miles) from the side of the runway; Structures of a height considered hazardous by the Development Authority shall have clearance lights of a size and design necessary to ensure aviation safety; The use or operation of development shall not cause any objectionable or dangerous condition such as follows: (i) Radiation or interference of airport telecommunications or electronics systems; 23

32 (ii) (iii) (iv) (v) An accumulation of any materials or waste which is edible and attractive to birds; Emissions of steam, smoke, dust or other atmospheric conditions that restricts visibility; The use of extensive exterior lighting; and Fire and explosive hazards The following uses shall be prohibited in the Airport Protection Overlay: (a) (b) Public utility facility that involves water retention areas; and Major waste management facility All buildings within the Airport Protection Overlay shall comply with the acoustical requirements of the Alberta Building Code Development permit applications for the following shall be forwarded to Transport Canada for technical comment prior to issuance of a development permit: (a) (b) Development directly adjacent to the runway; and Large structures, such as but not limited to a warehouse or hangar, within 10km (6.2 miles) of a radar Applications shall be analyzed on a case-by-case basis and may be refused, notwithstanding that a land use class is listed as permitted, if it is deemed that such use class shall interfere with the operation of the airport If the Development Authority is satisfied that a proposed development shall not interfere with the safe operation of the airport, then the proposed development may be approved with or without conditions. 4.6 Building Design In all residential districts, the exterior design, character, and appearance of all buildings and structures within a development must be architecturally compatible with adjacent developments The exterior design, character, and appearance of all buildings and structures within a development must be consistent with and reflect the purpose of the land use district in which the development is located The exterior of dwelling units or accessory structures, must be covered with a suitable material designed for that purpose and includes but is not limited to stucco, brick, plastic or cedar and aluminum siding. A suitable exterior material does not include OSB, Plywood, unfinished concrete, tar paper, or vapour barrier. Wood, other than cedar, must be stained, painted or treated with an exterior clear coat Manufactured and Modular Homes must be skirted with a suitable exterior material designed for that purpose and does not include OSB, Plywood, tar paper or vapour barrier. Wood, other than cedar, must be stained, painted or treated with a clear coat. 24

33 4.7 Confined Feeding Operations Confined Feeding Operations are approved by the Alberta Government and therefore shall adhere to all provincial regulations pertaining to Confined Feeding Operations When evaluating the location of a proposed Confined Feed Operation the Province shall take into consideration the following guidelines as determined by Brazeau County. Brazeau County will be deemed to be an interested party in relation to all applications, hearings and appeals for Confined Feed Operations within: (a) (b) (c) (d) Urban Centres (population > 500): recommended 4.8 km (3 miles); Urban Centres (population < 500): recommended 4.8 km (3 miles); Public Place: recommended 1.6 km (1 mile); Country Residence (farm and non-farm): in accordance with the Agricultural Operation Practices Act (AOPA); (e) Surface Water: Required distance of 15.2 m (49.9 ft) (recommended 91.4 m (299.9 ft) for enclosures, buildings and corrals, 30.5 m (100.1 ft) for catch basins or lagoons); and (f) Be sited in accordance with provincial regulations. If the province requires larger setback distances, that distance shall apply. 4.8 Cynthia Solar Aquatics Sewage Treatment Plant When considering a subdivision or development permit application involving land abutting the Cynthia Solar Aquatics Sewage (SAS) Treatment Plant, SAS Plant Setbacks shall apply a minimum of 30.0 m (98.4 ft.) buffer to buildings 4.9 Demolition/Removal Demolition/ removal is deemed a permitted use in all districts; agricultural districts are exempt from demolition permits Upon application for the building demolition, the Development Authority may require a demolition plan, detailing the following: (a) (b) (c) (d) (e) Footprint of building and site plan of property on which the building is to be demolished; Measures to be taken to ensure that the demolition is done in a safe and efficient manner and what measures are to be taken to ensure the disturbance and nuisances (dust, noise, debris, traffic, etc.) as a result of the demolition are mitigated or minimal; Timelines for completion of demolition and site restoration project; Salvage operation and stockpiling of building demolition material and fill from excavation; and Site restoration and land reclamation upon building demolition (filling, grading, landscaping, etc.). 25

34 4.10 Fences Fences shall be consistent with the character and quality of the design and materials of the principal building A Development Officer may require a fence to be installed where commercial or industrial development is proposed to abut residential development. Where noise is a potential nuisance, a Development Officer may specify that the fence be designed to attenuate noise A fence shall not be higher, measured from the ground level 0.5 m (1.65 ft.) inside the property line of the site, than: (a) (b) (c) 2.0 m (6.6 ft) for the portion of a fence that does not extend beyond the foremost portion of the building abutting the front yard, nor beyond the foremost portion of the building where it abuts a side yard abutting a public road other than a lane; 1.0 m (3.3 ft) for the portion of a fence that does extend beyond the foremost portion or portions of the building on the site, provided that a Development Officer may allow a fence to be erected to not more than 2.0 m (6.6 ft) in height if, in the opinion of a Development Officer, it will not prejudice the safety or amenities of the adjoining lots; and 2.5 m (8.2 ft.) in Commercial, Rural Industrial, and Light Industrial Districts Notwithstanding subsection (3), a Development Officer may approve a higher fence or a fence with barbed-wire or other security features for public safety, privacy, security, or buffering reasons In the case of double fronting sites, fences shall be of a height satisfactory to a Development Officer having regard to the location of fences in the surrounding area and the requirement for screening Guest Ranches A guest ranch shall be operated as an accessory use and shall not change the principal character of the land The Development Authority shall consider the following in reviewing a development application for a guest ranch: (a) (b) (c) (d) (e) Impact of the proposed use on existing water and sewer systems; Consistency with other developments and land uses in the surrounding area; Potential traffic generation and parking needs; Buffering or other techniques designed to limit any interferences with other uses or the peaceful enjoyment of neighbouring parcels; and Amenities offered that would enhance the proposed land use Not more than twenty-five (25) guests shall be accommodated at any one time Only one guest ranch shall be allowed on a given parcel Eating and cooking shelters and sleeping units may be allowed as accessory developments. 26

35 4.12 Hazardous Areas No development shall be permitted within the 1:100 year Flood Plain of any permanent water course as established by Alberta Environment and Parks, unless a flood plain study is completed showing that developable areas can be safely created within a flood fringe area Notwithstanding subsection (1) of this section, any development permit for a structure, excluding a permanent dwelling, within the 1:100 year flood plain of any permanent water course will not be issued unless approved by the MPC. The County will require a caveat be registered against the Certificate of Title to ensure that the County is held harmless from loss or damage caused by the possible flooding and/ or erosion A Water Table Study may be requested at the discretion of the Development Authority A development permit application shall be subject to a quantitative Slope Stability Assessment that reviews the suitability of the resulting development to the subject site. The Slope Stability Assessment shall consider the effects of the resulting development on the stability of the slope, including potential mitigation measures, sediment controls for the site and proposed structure(s) for a slope greater than thirty percent (30%) A subdivision application may be subject to a Slope Stability Assessment at the discretion of the Development Authority that reviews the suitability of the subject site and considers the stability of the slope greater than thirty percent (30%) When considering a subdivision or development permit application involving land in or near an Environmentally Sensitive Area, the Development Authority may refer the application to federal or provincial departments and other relevant environmental agencies for comments prior to reaching a decision An application for development or subdivision upon any hazardous lands must be accompanied by a Geotechnical Assessment Buildings setbacks from hazard lands shall be as follows: (a) (b) (c) A minimum of 30.0 m (98.4 ft.); or A distance specified in a geotechnical analysis; and At least 6.0m (19.7ft) from a water body A development permit may be subject to a Slope Stability Assessment, Biophysical Assessment, Environmental Risk Assessment or an Environment Impact Assessment at the discretion of the Development Authority. 27

36 4.13 Home Occupations No variation from the external appearance and residential character of land or buildings shall be permitted, excluding the Agricultural District, Agricultural Holdings District, and Country Residential District; The display or placement of an exterior sign on the premises of a Home Occupation must comply with Section Vehicles associated with a home occupation shall adhere to all Brazeau County road restrictions and may be required to enter into a road use agreement Where a Home Occupation has been approved on a temporary basis, an application to renew the permit may be approved by the Development Officer as a permitted use provided that: (a) (b) (c) (d) (e) (f) The landowner/operator of the home occupation has not changed; The Home Occupation has not altered in type or scope of work or size of business undertaken since the initial approval; All conditions of the initial approval have been met and standards of development maintained; No previously unanticipated impacts have arisen which remain outstanding with regards to roads, storm water, landscaping, hours of operation, or other matters addressed under the relevant Home Occupation section; The Home Occupation has not had any founded complaints (County planning enforcement matter) or non-compliance issues enforced by the County; and The Home Occupation permit is consistent with the current requirements of this Bylaw. Minor A Minor Home Occupation does require a development permit and shall meet the following criteria: (a) (b) (c) (d) Have no more than two (2) Home Occupation vehicles used in conjunction with the Home Occupation, parked and maintained on the site. There shall be no vehicles greater than 11,750.0 kg (25,904.3 lbs) gross vehicle weight (GVW) or more than 9.1 m (29.9 ft.) in length used in conjunction with a Minor Home Occupation; Be located within a structure with no exterior storage permitted; Be operated by the permanent resident(s) of the principal dwelling and shall employ no non-resident, on-site employees; and Clients and customers of a Minor Home Occupation shall only be permitted to visit the premises between the hours of 7:00 am 8:00 pm or as established at the discretion of the Development Authority. Medium A Medium Home Occupation requires a development permit and shall meet all the following criteria: (a) Located within a structure with no exterior storage permitted; 28

37 (b) (c) (d) (e) (f) Shall not occupy more than thirty percent (30%) of the gross floor area of the principal dwelling, but may be located fully or partially in accessory structures; Be operated by the permanent resident(s) of the principal dwelling, and may employ no more than two (2) non-resident on-site employees. If the applicant applies for more than two (2) off-site employees it will be considered a discretionary use; Any retail sales shall be ancillary to the industrial or service aspect of the Medium Home Occupation; Clients and customers of a Medium Home Occupation shall be permitted to visit the premises between the hours of 7:00 am 8: 00 pm, or as established by the discretion of the Development Authority; and The property of a Medium Home Occupation shall have no more than two (2) vehicles, used in conjunction with a Medium Home Occupation, parked and maintained on site. No vehicle, used in conjunction with a Medium Home Occupation, shall have a gross vehicle weight greater than 22,600.0 kg (49,824.5 lbs). If the applicant applies for more than two (2) vehicles it will be considered a discretionary use. Major A Major Home Business requires a development permit and shall meet all the following criteria: (a) (b) (c) (d) (e) Outside storage of goods, materials, commodities or finished products shall be at the discretion of the Development Authority; The parking of any commercial vehicles shall not exceed a maximum of six (6). There shall be no vehicles over 60,000.0 kg (132,277.4 lbs) in gross vehicle weight used in conjunction with a Major Home Occupation; Excluding the applicant and the applicants family who permanently reside on the subject parcel, a maximum of twelve (12) on-site employees may be permitted as part of the approval and operation of a major home occupation; A Major Home Occupation must not be located on a parcel less than 4.0ha (9.9 ac) in size; and Clients and customers of a Major Home Occupation shall only be permitted to visit the premises between the hours of 6:00 am 8:00 pm or as established at the discretion of the Development Authority Keeping of Animals This section shall apply to parcels within the following land use districts: (a) Parcels under 6.1 ha (15.0 ac) in the Agricultural District (AG); (b) Agricultural Holdings District (AGH); and (c) Country Residential District (CR) For the purpose of this section, one (1) livestock unit shall mean: (a) Two (2) horse, donkey, mule or asses (over one (1) year of age); or (b) Two (2) foals (up to one (1) year of age); or (c) Two (2) llama, Three (3) alpaca or Three (3) guanaco; or (d) Two (2) cows, steers, heifers or bulls (over one (1) year of age); or 29

38 (e) (f) (g) (h) (i) Two (2) calves (up to one (1) year of age); or Fifteen (15) chickens; or Ten (10) ducks, turkeys, pheasants, geese, or other similar fowl; or Three (3) sheep or goats; or Twenty (20) rabbits or other similar rodents Livestock units must be allowed in accordance with the following: MINIMUM PARCEL SIZE 1.6 ha (4.0 ac) ha (5.0 ac) ha (6.0 ac) ha (7.0 ac) ha (8.0 ac) ha (9.0 ac) ha ( ac) 5.0 ALLOWABLE NUMBER OF LIVESTOCK UNITS All animals and livestock must be confined to the owner s parcel and maintained solely for the private use of the residents For Confined Feeding Operations section 4.6 of this Bylaw shall apply Animal units will not be regulated on parcels over 6.1 ha (15 ac), unless provisions of Confined Feeding Operations apply Keeping of Dogs This section shall apply to parcels in all Land Use Districts Dogs being kept as companions and not as part of an Animal Service Facility must be allowed in accordance with the following: (a) Parcels within Hamlet boundaries may keep up to a maximum of four (4) dogs; (b) Parcels 1.40 ha (1 ac) or less in size may keep up to a maximum of four (4) dogs; (c) Parcels in excess of 1.40 ha (1 ac) in size are not limited to a maximum number of dogs; and (d) Dogs less than six (6) months in age are not regulated by this section Dogs being kept as part of an Animal Service Facility shall require a permit for the operation of the facility An Animal Service Facility must be located a minimum of m (328.1 ft) from a residence on an adjacent parcel. 30

39 4.16 Landscaping Landscaping is required, at the discretion of the Development Authority, in residential districts and industrial districts if the subject parcel is adjacent or abutting a residential district parcel. Landscaping must not impede sightlines and must be completed within one (1) year after the completion of the development Preservation of natural tree stands along the perimeter of any development is encouraged and will be considered by the Development Authority when establishing landscaping provisions Natural Resource Extraction and Processing Notwithstanding the Permitted and Discretionary uses prescribed within the various Land Use Districts in this Bylaw, sand and/or gravel developments are prohibited if proposed: (a) (b) (c) Within hamlets, condominium plans, and multi-parcel residential subdivisions; Within m ( ft) of hamlets, condominium plans, and multiparcel residential subdivisions; and With a total area, including associated activities and operations, of less than 5.0 ha (12.4 ac) on a parcel. Reclamation Natural Resource Extraction and Processing developments must be reclaimed to the satisfaction of the provincial and/or federal authority having jurisdiction A Development Officer may require, as a condition of a development permit that the owner provide a guaranteed security to ensure that reclamation is completed. The security may take the following forms: (a) (b) Cash to a value equal to one hundred ten (110) percent (%) of the established reclamation costs; or An irrevocable letter of credit having the value equivalent to one hundred ten (110) percent (%) of the established reclamation costs If a natural resource extraction has already received approval from Alberta Environment and Parks and security for reclamation has been submitted to the satisfaction of the Province, the security required by section 4.13(3) is not required Reclamation security requirements can be staged with development, provided that security must be in place for reclamation of any area disturbed before that stage commences The owner or the owner s representative, based on the information provided in the reclamation plan, shall calculate the reclamation costs. If a Development Officer does not accept the costs identified by the owner or the owner s representative, a Development Officer may establish a higher reclamation cost figure for the purpose of determining the value of the reclamation security Where cash is offered as the reclamation security, interest may be payable, and it shall be held by the County until the reclamation has been completed and a Development Officer is satisfied through site inspection that this has occurred If a Letter of Credit is offered as the reclamation security, it shall be in a form satisfactory to the County. The term of the Letter of Credit shall be renewed 31

40 automatically until reclamation has been completed to the satisfaction of the Development Authority The owner shall notify Brazeau County thirty (30) days prior to the expiry date of the letter of credit, in order to provide sufficient time for a Development Officer to inspect the site and to determine if the reclamation is in accordance with the requirements of the approved reclamation plan. If reclamation conditions are satisfactory to a Development Officer, the letter of credit may be released. If inspection cannot be made within this thirty (30) day item period due to weather conditions or other extenuating circumstances, a Development Officer may require renewal of the letter of credit until a satisfactory inspection can be made In the event the owner does not complete the required reclamation in the time specified in the approved reclamation plan and the cash or the proceeds from the letter of credit are insufficient for Brazeau County to complete the required work, should it elect to do so, then the owner shall pay such deficiency to Brazeau County immediately upon being invoiced. Brazeau County shall provide an accounting to the owner indicating how the proceeds of the letter of credit were applied, within sixty (60) days of completing the reclamation A road use agreement, between Brazeau County and the landowner/developer of the natural resource extraction or processing use, incorporating haul routes, maintenance, signage, and other related clauses is required as a condition of a development permit Man-Made Water Features Man-made water features shall meet the minimum yard requirements of the applicable district and shall be setback a minimum of 40.0 m (131.2 ft) from the highway property line of a provincial highway A man-made water feature shall not be situated within a watercourse, lake or wetland Any man-made water feature less than 1 m (3.3 ft) deep shall be deemed a landscape feature and is exempt from the requirements of this section Any structure placed in proximity to a man-made water feature must be setback a minimum of 6.0 m (19.7 ft.) from the top of bank. Any new man-made water feature construction shall have the top of bank located a minimum of 6.0 m (19.7 ft.) from any existing structure. Structures that facilitate the recreational usage of a manmade water feature, excluding residential properties, shall be exempt from the 6m setbacks and requiring a development permit as long as they adhere to all other requirements of the Land Use Bylaw. Section 4.9 -Hazardous Areas does not apply if the man-made water feature is constructed as per the regulations contained within this section The construction of man-made water features shall adhere to the standards and regulations established in the Quality Farm Dugouts workbook provided by Alberta Agriculture and Forestry Number of Dwellings per Parcel In all land use districts, a maximum of one dwelling unit is allowed on a parcel of land, unless otherwise permitted by the Land Use Bylaw. 32

41 In the Agricultural District (AG), a second dwelling unit is allowed on a parcel. Three (3) or more dwellings on a parcel greater than 6.1 ha (15 ac) will be considered as a discretionary use In the Agricultural Holdings District (AGH), a second dwelling is allowed on a parcel greater than 4.0 ha (10 ac). A second dwelling is considered a discretionary use on a parcel less than 4.0 ha (10 ac) In the Country Residential District (CR), a parcel less than 2 ha (5 ac) may have two (2) dwellings, the second dwelling will be considered a discretionary use Recreational Vehicles The parking, storage or use of up to: (a) (b) (c) (d) One (1) recreational vehicle on a parcel smaller than 0.4 ha (1.0 ac) in size; Three (3) recreational vehicle on a parcel between 0.41 ha (1.1 ac) and 2.0 ha (5.0 acres) in size; Four (4) recreational vehicle on a parcel between than 2.1 ha (5.1 ac) and 6.1 ha (15.0 acres) in size; and Ten (10) recreational vehicle on a parcel larger than 6. 1ha (15.0 ac) in size; does not require a development permit Between April 1 and October 30 the recreational vehicles may be occupied for: (a) (b) Up to 14 days on a parcel smaller than 0.4ha (1.0 ac)in size; Up to 21 days on a parcel between 0.41ha (1.1 ac) and 2.0 ha (5.0 ac) in size; (c) Up to 30 days on a parcel between than 2.1ha (5.1 ac) and 6.1 ha (15.0 acres) in size; or (d) Up to 45 days on a parcel larger than 6.1ha (15.1 ac) in size At the discretion of the development authority a person may be granted approval for occupancy of a recreational vehicle during the period an approved residential development is being constructed Where long term occupation of a recreational vehicle is applied for in a district it is listed as a use: (a) (b) (c) Only one (1) long term occupation permit may be approved per parcel of land and may only be issued for a maximum of two (2) years; Density provision for recreational vehicles on the parcel must be adhered to; and Access to appropriate services (water connection, sewage disposal, power service) must be demonstrated to the satisfaction of the development authority. 33

42 The above restrictions do not apply within Birchwood Village Greens Condominium District or approved Major Campgrounds [Recreational Vehicle Parks] where recreational vehicles may stay indefinitely in approved locations School Bus Regulations The use and storage of up to two (2) school buses on a parcel shall be exempt from requiring a development permit within any district The use of more than two (2) and up to ten (10) school buses on a parcel shall be considered a permitted use in all districts, requiring a development permit The use of more than ten (10) school buses on a parcel shall be considered a discretionary use in the Agricultural (AG), Agricultural Holdings (AGH), Rural Industrial (RI), Light Industrial (LI), and Commercial (C) Districts only The storage of more than two (2) and up to ten (10) school buses on a parcel shall be exempt from requiring a development permit within the Agricultural (AG) and Agricultural Holdings (AGH) Districts only. All other districts require a development permit for an Outdoor Storage Facility The storage of more than ten (10) school buses on a parcel shall be considered a discretionary use in the Agricultural (AG), Agricultural Holdings (AGH), Rural Industrial (RI), Light Industrial (LI), and Commercial (C) Districts only Secondary Suites All secondary suites shall require a development permit in accordance with the provisions of this Bylaw All secondary suites shall be in accordance with the dwelling unit density provisions of the appropriate land use district A secondary suite within or attached to a dwelling unit shall comply with the following: (a) The maximum building height shall comply with the provisions of the district where the secondary suite is proposed; (b) The maximum floor area of the secondary suite shall not exceed fifty (50) percent (%) of gross floor area of principal building, or seventy-five (75) percent (%) of gross floor area of accessory structure; (c) Yards setbacks shall comply with the provisions of the district where the secondary suite is proposed; and (d) A minimum of three (3) on-site parking spaces; two (2) for the principal building and one (1) for the secondary suite shall be provided Signs Unless a sign is exempted by subsection 3.2 (1)(l) from the requirement of a development permit, every application for sign is considered an accessory use for the each designated land use district of this Bylaw that affects the subject land The Development Authority may, by notice in writing, direct the owner to correct the condition of any sign or remove any sign within thirty (30) days of receipt of the notice where, in the opinion of the Development Authority, that condition or sign constitutes a violation of this Bylaw or any permit hereunder, has become unsightly or is unsafe. 34

43 Quality, aesthetic character and finishing of sign construction shall be to the satisfaction of the Development Authority Flashing, animated or interiorly illuminated signs shall not be permitted in developments where they might, in the opinion of the Development Authority, affect residents in adjacent housing or residential areas; or interfere with the interpretation of traffic signs or controls A development permit application for a sign shall include the following: (a) (b) A plan showing the following construction details: (i) Location of the proposed signage; (ii) The distance to public roadways; (iii) The distance to aerial power lines for freestanding signs; (iv) The overall sign design with dimensions and total area; (v) The height of the top and the bottom of sign above the average ground level at the face of the building or sign; and (vi) The method of illumination (if applicable). Such other considerations as the Development Authority may deem to be relevant. Whenever the conditions of installation require unusual structural provisions, the Development Authority may require that a structural drawing be prepared by and bear the seal of a professional engineer Neither the granting of a development permit for a sign, the approval of any plans, or any inspections made by the Development Authority shall in relieve the owner from full compliance with this Bylaw, or other applicable legislation All signs shall be kept in a safe, clean and tidy condition, and may be required to be renovated or removed if not properly maintained Unless otherwise allowed in this Bylaw, no person shall attach anything to an existing permitted sign unless a new development permit is issued Freestanding sign must not exceed one hundred twenty five (125) percent (%) of the height of the principal building Freestanding sign must not exceed 6.1 m (20.0 ft.) in height. A maximum size of 2.4 m x 4.9 m (8.0 ft x16.0 ft) or 11.2m 2 (120.6 ft 2 ) is at the discretion of the Development Authority and requires that a structural drawing be prepared by and bear the seal of a professional engineer Solar Collectors A solar collector is a permitted use in all districts, excluding separate structures in Hamlets and Country Residential Districts A solar collector is a discretionary use in all Hamlet Districts A solar collector may be located on a pole, wall or roof of a building in any district A solar collector that is mounted on a roof with a pitch of less than 4:12 may project a maximum of 2.0 m (6.6 ft.) from the surface of the roof A solar collector mounted on a roof with a pitch of 4:12 or greater: (a) May project a maximum of 1.3 m (4.3 ft.) from the surface of the roof; and 35

44 (b) Must not extend beyond the outermost edge of the roof A solar collector that is mounted on a wall: (a) Must be positioned a minimum of 2.4 m (8.0 ft.) above grade; and (b) May project a maximum of 0.6 m (2.0 ft.) from the surface of that wall Stockpiling of Soil Stockpiles are to be kept under suitable vegetative cover (minimum 80%) to prevent soil erosion. The vegetative cover must be established immediately upon completion of stockpiling and maintained for the life of the stockpile. Slopes on stockpiles must not exceed a 4:1 slope, with the exception of the active face in the case of loading and removal Stockpiles must be free of noxious and restricted weeds. Topsoil being moved off the property must be covered during transport, to prevent the spread of weed seeds and soil borne diseases potentially contained in loose material Pursuant to the Soil Conservation Act, stockpiling on a property other than the property where the topsoil originated may require a topsoil removal permit approved by the Agricultural Services Board Storage Containers Sea Can Containers shall: 36 (a) (b) Only be considered as an accessory in the following Districts: (i) Agricultural (AG); (ii) Agricultural Holdings (AGH); (iii) Country Residential (CR); (iv) Commercial (C); (v) Recreation (R); (vi) Public Institution (PI); (vii) Urban Reserve (UR); and (viii) All Industrial districts. Not be stacked more than three (3) containers high; The maximum number of containers that shall be allowed on a parcel or parcels of land is as follows: (a) (b) (c) In the Agricultural District (AG): (i) 6.1 ha (15.0 ac) to 16.2 ha (40.0 ac) (5 containers any size); and (ii) 16.2 ha (40.0 acres) to 64.7 ha (159.9 ac) (10 containers of any size). In the Agricultural Holdings District (AGH): (i) 2.0 ha (5.0 ac) to 4.1 ha (10.0 ac) (2 containers any size); and (ii) 4.1 ha (10.0 ac) to 6.1 ha (15.0 ac) parcels (4 containers any size). In Country Residential District (CR): (i) 0.8 ha (2.0 acres)parcel up to 6.1 m (20 ft.) in cumulative length; and

45 (d) (ii) 0.8 ha (2.0 ac) to 2.0 ha (5.0 ac) acre parcel up to four (4) containers with a total cumulative length of 12.2 m (40 ft.). In the Commercial District (C), Recreation District (R), Direct Control District (DC), Public Institution District (PI), Urban Reserve District (UR) and industrial districts: (i) Parcels under 0.2 ha (0.5 ac) are allowed two (2) containers up to 6.1 m (20 ft.) in cumulative length; (ii) Parcels between 0.2 ha (0.5 acres) to 0.8 ha (2.0 ac) are allowed four (4) containers up to 12.2 m (40 ft.)in cumulative length; (iii) Parcels between 0.8 ha (2.0 ac) to 2.0 ha (4.99 ac) are allowed eight (8) containers up to 24.4 m (80 ft.) cumulative length; (iv) Parcels between 2.0 ha (5.0 ac) to 6.1 ha (15.0 ac) are allowed two (2) containers of any size; (v) Parcels between 6.1 ha (15.0 ac) to 16.2 ha (40.0 ac) are allowed five (5) containers of any size; and (vi) Parcels between 16.2 ha (40.0 acres) to 64.7 ha (160.0 ac) are allowed ten (10) containers of any size Telecommunication Towers A Telecommunication Tower is a discretionary use in all districts Prior to submitting an application, the applicant must have a preliminary consultation with the Planning & Development and Corporate Services Departments. Applicants shall: (a) (b) (c) Confirm they have made contact with other tower owners in the vicinity; Show they have pursued collocation opportunities; and Present a public consultation plan An application for a Telecommunication Tower development permit shall include a site plan drawn to scale which identifies the following: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Site boundary; Distance to the parcel boundaries from all structures; Location of the tower guy wires anchors; Existing or proposed structures associated with the tower; All pipelines, site and right of ways; Vehicle parking and access; Existing vegetation to be retained, removed or replaced; Any wetland or water feature and slopes; Existing and proposed approach/roadway; Estimated coverage by township; and Spectrum being deployed The County requires the applicant to conduct a public consultation meeting for all wireless communication towers greater than 15 m (49.2 ft.) in height for area landowners/residents. The applicant shall: (a) Pay for all costs of the public consultation process, including communications, advertising, and venue bookings; 37

46 (b) (c) (d) (e) Advertise any public consultation in the local newspaper; Provide attendance logs and records of issues and concerns expressed by the public; Provide responses as to how issues will be addressed; and Send copies of any letters of support or non-support to the County and Industry Canada A public consultation meeting will not be required for proposed tower sites on Crown Land that are at least 2.0 km (1.3 miles) away from the nearest titled property Where appropriate, new towers should be built to a standard which accommodates multiple wireless tenants Towers cannot be located within 30.0 m (98.4 ft.) from the top of a bank of any named river, creek or water body, or slope greater than ten (10) percent (%) The tower base shall be setback from abutting parcels, occupied dwellings and roadways by the distance of the tower height plus 10% of the height and shall meet the required setbacks of the appropriate land use district Guy wire anchors shall be set back at least 5.18 m (17.0 ft.) from the property boundary The design or appearance of all communication facilities including antennas, antenna mounts, equipment shelters and cable runs should minimize the visibility of facilities through the use of color, consistent architectural styles and aesthetic design Communication facilities and towers are to be removed within 6 months of cessation of use Any tower 15 m (49.2 ft.) or less in size for personal use will not require a development permit. 38

47 5 LAND USE DISTRICTS 5.1 Establishment of Land Use Districts For the purposes of this Bylaw, the County is divided into the following land use districts: DISTRICT TYPE DISTRICT NAME ABBREVIATION Agricultural Residential Agricultural Agricultural Holdings Country Residential Compact Country Residential Hamlet Residential Birchwood Village Greens Condominium Manufactured Home Park AG AGH CR CCR HR BVC MHP Commercial Commercial C Industrial Exclusive Rural Industrial Light Industrial Recreational Crown Land Direct Control Public Institutional Urban Reserve District RI LI R CL DC PI UR 5.2 District Boundaries The boundaries of the districts listed in section 5.1 (1) are as delineated on the Land Use District Maps being figures attached hereto and forming a part of this Bylaw Where uncertainty exists as to the boundaries of the districts as shown on the Land Use District Maps, the following rules must apply: (a) Where a boundary is shown as approximately following a surveyed parcel line, it must be deemed to follow the surveyed parcel line In circumstances not covered by (1) or (2) above, the location of the district boundary must be determined: (b) (c) Where dimensions are set out on the Land Use District maps, by the dimensions so set; or Where no dimensions are set out on the Land Use District maps with respect to such boundary, by measurement of and use of the scale shown on the Land Use District maps. 39

48 5.2.4 All roads and railway lines are excluded from land use designation under this Bylaw Upon a road closure or change to private ownership of a railway line or portion thereof, the land forming the closed road or railway line must be considered within the Agricultural District (AG), except where the title for the closed road or railway line is to be consolidated with adjacent land, it must revert to the district which the adjacent land lies within In the event that Crown land is transferred to private ownership, the land must be within the Agricultural District (AG) and must not require an amendment to this Bylaw provided the development or use of the subject lands conforms to the intent of the Agricultural District (AG). 40

49 Land Use Bylaw ###-## 5.3 Summary of Permitted (P) and Discretionary (D) Uses LAND USE DISTRICTS AG AGH CR CCR HR BVC MHP C RI LI R CL DC PI UR AGRICULTURAL USE CLASSES Agricultural Intensive Class 1 D Agricultural Intensive Class 2 P P D Agricultural Retail P D P Agricultural, Extensive P P Agricultural, Livestock P P Agricultural, Specialty P P Agricultural, Support Service P D P Animal Care Facility Animal Service Facility P D D P Guest Ranch D P Land Farm D D RESIDENTIAL USE CLASSES Assisted Living D D D D D D Bed and Breakfast P P P D D D Boarding or Lodging Facility P D D D D D P Dwelling, Apartment D Dwelling, Semi-Detached D P Dwelling, Single-Detached P P P P P Dwelling, Townhouse D Family Care Unit P P D D D D Group Home D D P Home Occupation Major P/D P/D Home Occupation Medium P P P D D P D Home Occupation Minor P P P P P P P Manufactured Home P P D P P P Modular Home P P P P P P P 41

50 Brazeau County LAND USE DISTRICTS AG AGH CR CCR HR BVC MHP C RI LI R CL DC PI UR Secondary Dwelling P P/D Secondary Suite P P P P P P Third/ Additional Dwelling Units D COMMERCIAL USE CLASSES Automotive Equipment Repair, Recreational Vehicle Sales and Rental P P P Business Support Services P D D Commercial Tourist Development D D D P P Convenience Store D P P Crematorium D Day Care Service D D D D D P Drinking Establishment P D Drive-In Business P P Financial Services P Funeral Home/Crematorium D Hotel P D Motel P D Office P Parking, Non-Accessory D D D Personal Service Facility P Recycling Depot D P P Restaurant D P D Retail Establishment D P D D Service Station P P P P Warehouse Sales and/or Storage P P P Wash Facility INDUSTRIAL USE CLASSES Auction Facility D P Automotive and Equipment Repair P P 42

51 Land Use Bylaw ###-## LAND USE DISTRICTS AG AGH CR CCR HR BVC MHP C RI LI R CL DC PI UR Automotive and Equipment Body Repair P P Bulk Oil and Chemical Storage D Contracting Services Major D P P Contracting Services Minor D D P P Industrial Use, General P P Natural Resource Extraction D Natural Resource Extraction and Processing D D Natural Resource Processing D Outdoor Oilfield Storage Facility D D P P P Outdoor Storage D P P D Outdoor Storage Facility, Temporary P D Personal Storage Facility P P Taxidermy D D D P P Waste Management Facility, D Work Camp D D D RECREATIONAL USE CLASSES Cabin P Campground, Major D D P Campground, Minor P Long Term Occupation of Recreational Vehicle P Park P P P P P P P P P P P P P Playground Park P P P P P P Private Club D P D Private Community Facility P Recreation Service, Indoor D D P P Recreation Service, Outdoor D P Recreational Cabin P P Recreational Use D 43

52 Brazeau County LAND USE DISTRICTS AG AGH CR CCR HR BVC MHP C RI LI R CL DC PI UR Recreational Vehicle P Recreational Vehicle Storage D P P P D INSTITUTIONAL USE CLASSES Cemetery D P Community Halls P Education Facility P Health Services Facility P Place of Worship D D D D D P P Social Care Facility D D D D D P P PUBLIC SERVICE USE CLASSES Aerodrome D D D Airport D D D Public and Quasi-Public Use P P P P P P P P P P P P P Public Utility Facility P P P P P P P P P P P P P P Telecommunication Tower D D OTHER USE CLASSES Accessory Structure P P P P P P P P P P P P P Accessory Use P P P P P P P P P P P P P Surveillance Suite P P P P P 44

53 Land Use Bylaw ###-## 6 AGRICULTURAL DISTRICTS 6.1 AG - Agricultural Purpose The purpose of the Agricultural District is to preserve agricultural lands and to provide for a range of agricultural operations and compatible uses while recognizing the need to accommodate smaller agricultural holdings and provide a reasonable opportunity for the subdivision of land for nonagricultural uses. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure DISCRETIONARY USES Aerodrome Accessory Use Agricultural Intensive Class 1 Agricultural Intensive Class 2 Agricultural Retail Agricultural, Extensive Agricultural, Livestock Agricultural, Specialty Agricultural, Support Service Animal Service Facility Bed and Breakfast Boarding or Lodging Facility Dwelling, Single-Detached Family Care Unit Home Occupation Major** Home Occupation Medium Home Occupation Minor Long Term Occupation of Recreational Vehicle Manufactured Home Airport Animal Service Facility Assisted Living Auction Facility Cemetery Commercial Tourist Development Contracting Services Major Contracting Services Minor Daycare Service Guest Ranch Home Occupation Major Land Farm Natural Resource Extraction and Processing Outdoor Oilfield Storage Facility 45

54 Brazeau County PERMITTED USES Modular Home Outdoor Storage Facility, Temporary Park Public and Quasi-Public Use Public Utility Facility Recreational Cabin Recreational Use Secondary Dwelling* Secondary Suite *refer to section 4.19 ** Refer to section 4.13 (4) DISCRETIONARY USES Outdoor Storage Facility Place of Worship Recreation Service, Outdoor Recreational Use Social Care Facility Taxidermy Telecommunication Tower Third/ Additional Dwelling Units Work Camp Minimum Requirements: ITEM Parcel Area Parcel Width Front Yard Setback Rear Yard Setback Side Yard Setback MINIMUM 1.2 ha (3 ac) for an existing farmstead parcel; 6.1 ha (15 ac) for an agricultural parcel m (100.0 ft.) for a farmstead use; 10.0 m (32.8 ft.) frontage for a panhandle/flag lot m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway; Setback at the discretion of Development Authority for pan handle/flag lots. 8.0 m (26.2 ft.); 40.0 m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway. 6.0 m (19.7 ft.); 40.0 m (131.2 ft.) where abutting a County road where 46

55 Land Use Bylaw ###-## ITEM Floor Area MINIMUM road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway m 2 (800.0 ft 2 ) minimum for a dwelling; 74.2 m 2 (799.0 ft 2 ) maximum for a recreational cabin Maximum Limits: ITEM Parcel Area MAXIMUM 6.1 ha (15 ac) for existing farmstead parcel; No maximum limit for an agricultural parcel; No maximum limit for the remainder. Other Regulations Housing Density must comply with section 4.19 under Development Regulations Landscaping must comply with section 4.16 under Development Regulations Parking requirements must comply with section 4.2 under Development Regulations Home occupations must comply with section 4.13 under Development Regulations Sign requirements must comply with section 4.23 under Development Regulations. 47

56 Brazeau County 6.2 AGH - Agricultural Holdings Purpose The purpose and intent of the Agricultural Holdings District is to provide for a residential use on parcels which can accommodate residential, traditional agricultural pursuits, home occupation uses, and larger accessory buildings. It also recognizes the emerging trends towards new agricultural uses which may be successfully developed on smaller parcels of land. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure Accessory Use Agricultural Intensive Class 2 Agricultural, Extensive Agricultural, Livestock Agricultural, Specialty Bed and Breakfast Dwelling, Single-Detached Family Care Unit Home Occupation Major** Home Occupation Medium Home Occupation Minor Manufactured Home Modular Home Park Personal Storage Facility Public and Quasi-Public Use Public Utility Facility Recreational Cabin Secondary Dwelling* DISCRETIONARY USES Aerodrome Agricultural, Retail Agricultural, Support Service Airport Animal Service Facility Assisted Living Commercial Tourist Development Contracting Services, Minor Day Care Service Home Occupation Major Outdoor Oilfield Storage Facility Outdoor Storage Facility, Temporary Places of Worship Secondary Dwellings* Taxidermy 48

57 Land Use Bylaw ###-## PERMITTED USES DISCRETIONARY USES Secondary Suite * refer to section **Refer to section 4.13 (4) Minimum Requirements: ITEM Parcel Area Parcel Width Front Yard Setback Rear Yard Setback Side Yard Setback Floor Area MINIMUM Between 1.62 ha (4 ac) to 6.1 ha (15.0 ac); 30.5 m (100.0 ft.); 10.0 m (32.8 ft.) frontage for the access of a panhandle/flag lot m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway; Setback at the discretion of Development Authority for pan handle/flag lots. 8.0 m (26.2 ft.); 40.0 m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway. 6.0 m (19.7 ft.); 40.0 m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway m 2 (800 ft 2 ) minimum for a dwelling; 74.2 m 2 (799 ft 2 ) maximum for a recreational cabin. 49

58 Brazeau County Maximum Limits: ITEM Parcel Area MAXIMUM 6.1 ha (15.0 ac) Other Regulations Housing Density must comply with section 4.19 under Development Regulations Landscaping must comply with section 4.16 under Development Regulations Parking requirements must comply with section 4.2 under Development Regulations Home occupations must comply with section 4.13 under Development Regulations Sign requirements must comply with section 4.20 under Development Regulations. 50

59 Land Use Bylaw ###-## 7 RESIDENTIAL DISTRICTS 7.1 CR - Country Residential Purpose The purpose of the Country Residential District is to provide for low density multi-lot single-detached country residential development that encourages the preservation of environmentally significant areas, historical sites, and is appropriate in rural setting. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure Accessory Use Bed and Breakfast Dwelling, Single-Detached Home Occupation Minor Home Occupation Medium Modular Home Park Playground Park Public and Quasi-Public Public Utility Facility Secondary Suite DISCRETIONARY USES Assisted Living Family Care Unit Manufactured Home Social Care Facility Minimum Requirements: ITEM Parcel Area Parcel Width MINIMUM Between 0.80 ha (2.0 ac) and 2.0 ha (5.0 ac) for a residential use m (100.0 ft.); 51

60 Brazeau County ITEM Front Yard Setback Rear Yard Setback Side Yard Setback Floor Area MINIMUM 10.0 m (32.8 ft.) frontage for a panhandle/flag lot m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway; For parcel boundaries that are adjacent to another parcel will be considered a side yard setback for pan handle/flag lots. 8.0 m (26.2 ft.); 40.0 m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway. 6.0 m (19.7 ft.); 40.0 m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway m 2 (800 ft 2 ) for a dwelling Maximum Limits: ITEM Parcel Area Height Floor Area Accessory Structures MAXIMUM 2.0 ha (5 ac) m (30.0 ft.) for a building; 2.0 m (6.6 ft.) for fencing m 2 ( ft 2 ) for an accessory building. Side and rear year setbacks not adjacent to a road are reduced by fifty (50) percent (%). 52

61 Land Use Bylaw ###-## Other Regulations Parking requirements must comply with section 4.2 under Development Regulations Home occupations must comply with section 4.13 under Development Regulations Sign requirements must comply with section 4.23 under Development Regulations. 53

62 Brazeau County 7.2 CCR - Compact Country Residential Purpose The Compact Country Residential District provides opportunity to accommodate higher density residential development that must be serviced by municipal water and sewer. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure Accessory Use Home Occupation Minor Modular Home Park Playground Park Public and Quasi-Public Public Utility Facility Secondary Suite Single-Detached Dwelling DISCRETIONARY USES Bed and Breakfast Dwelling, Semi-Detached Family Care Unit Home Occupation Medium Social Care Facility Minimum Requirements: ITEM Parcel Area Parcel Width Front Yard Setback Rear Yard Setback MINIMUM Between m 2 (5000 ft 2 ) and m 2 (1.9 ac) 15.2 m (49.9 ft.); 7.6 m (24.9 ft.) for semi-detached parcels only; 10 m (32.8 ft.) from a County Road 7.5 m (24.6 ft.); 1.0 m (3.3 ft.) for accessory buildings if not abutting an alleyway 3.0 m (9.8 ft.) for accessory buildings if abutting an 54

63 Land Use Bylaw ###-## ITEM Side Yard Setback Single Detached Side Yard Setback Semi- Detached Floor Area MINIMUM alleyway 3.5 m (11.5 ft.) for at least one side yard; 1.5 m (4.9 ft.); 4.5 m (14.8 ft.) where abutting a flanking street; 1.0 m (3.3 ft.) for accessory buildings; 3.0 m (9.8 ft.) for accessory buildings abutting a flanking street. 0m (0 ft.) for one side yard; 1.5 m (4.9 ft.); 4.5 m (14.8 ft.) where abutting a flanking street; 1.0 m (3.3 ft.) for accessory buildings; 3.0 m (9.8 ft.) for accessory buildings abutting a flanking street m 2 ( ft 2 ) for a detached dwelling unit; 55.7 m 2 (599.6 ft 2 ) for an attached dwelling unit Maximum Limits: ITEM MAXIMUM Site Coverage Fifty (50) percent (%). Height Housing Density 9..2 m (30.1 ft.) for all structures; 2.0 m (6.6 ft.) for fencing; 1.0 m (3.3 ft.) for fencing within a front yard. Twenty (20) parcels per hectare (8 per acre). Semi-Detached Dwellings A semi-detached building must be built and oriented on a lot large enough to separate the units into two semi-detached lots. Other Regulations Home occupations must comply with section 4.13 under Development Regulations Sign requirements must comply with section 4.23 under Development Regulations. 55

64 Brazeau County 7.3 HR - Hamlet Residential Purpose The purpose of the Hamlet Residential District is to accommodate residential development within designated hamlets. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure Accessory Use Dwelling, Semi-Detached Dwelling, Single-Detached Home Occupation Minor Manufactured Home Modular Home Park Playground Park Public and Quasi-Public Public Utility Facility Secondary Suite DISCRETIONARY USES Assisted Living Bed and Breakfast Boarding or Lodging Facility Daycare Service Dwelling, Apartment Dwelling, Townhouse Family Care Unit Group Home Home Occupation Medium Place of Worship Social Care Facility Minimum Requirements ITEM Parcel Area MINIMUM 1858 m 2 (20,000 ft 2 ) for non-serviced single detached parcels; m 2 (15,000 ft 2 ) for single-detached parcels served by municipal water only; m 2 (10,000 ft 2 ) for single-detached parcels served by municipal sewer only; m 2 (5000 ft 2 ) for fully serviced single-detached and semi-detached parcels; m 2 (2000 ft 2 ) for interior townhouse dwelling 56

65 Land Use Bylaw ###-## ITEM Parcel Width Front Yard Setback Rear Yard Setback Side Yard Setback Single Detached Side Yard Setback Semi- Detached Side Yard Setback Townhouse MINIMUM units; m 2 (3000 ft 2 ) for end townhouse dwelling units; and 0.2 ha (0.5 ac) for apartment buildings m (49.9 ft.) for serviced single-detached parcels; 30.5 m (100.1 ft.) for non-serviced and partially serviced parcels; 7.6 m (24.9 ft.) for serviced semi-detached parcels; 6.0 m (19.7 ft.) for serviced interior townhouse dwelling units; 9.0 m (29.5 ft.) for serviced end townhouse dwelling units; and 22.5m (73.8 ft.) for apartment buildings. 6.0 m (19.7 ft.). 7.5 m (24.6 ft.); 1.0 m (3 ft.) for accessory buildings if not abutting an alleyway 3.0 (9.8 ft.) for accessory buildings if abutting an alleyway 9.0m (29.5 ft.) for apartment buildings. 1.5 m (4.9 ft.); 4.5 m (14.7 ft.) where abutting a flanking street; 1.0 m (3.3 ft.) for accessory buildings; 3.0 m (9.8 ft.) for accessory buildings abutting a flanking street; 3.6m (11.8 ft.) or ½ abutting wall height; whichever is greater for apartment buildings 0 m (0 ft.) for one side yard; 1.5 m (4.9 ft.); 4.5 m (14.7 ft.) where abutting a flanking street; 1.0 m (3.3 ft.) for accessory buildings; 3.0 m (9.8 ft.) for accessory buildings abutting a flanking street. 0 m (0 ft.) between connected townhouse units; 1.5 m (4.9 ft.); 4.5 m (14.7 ft.) where abutting a flanking street; 1.0 m (3.3 ft.) for accessory buildings; 57

66 Brazeau County ITEM Floor Area MINIMUM 3.0 m (9.8 ft.) for accessory buildings abutting a flanking street m 2 (800 ft 2 ) for a detached dwelling unit; 55.7 m 2 (600 ft 2 ) for a townhouse dwelling unit Maximum Limits: ITEM Parcel Area MAXIMUM 0.2 ha (0.5 ac) for residential use No maximum parcel area for apartment buildings Site Coverage Fifty (50) percent (%). Height Density 15.0m (49.2 ft.), for apartment buildings; 9.2 m (30.1 ft.) for all structures other than apartment buildings; 2.0 m (6.6 ft.) for fencing; 1.0 m (3.3 ft.) for fencing within a front yard Eighty (80) units per hectare (32 per acre) if apartment buildings are part of the development calculations ; otherwise Twenty (20) parcels per hectare (8 per acre). Other Regulations Landscaping must comply with section 4.16 under Development Regulations Home occupations must comply with section 4.13 under Development Regulations Parking requirements must comply with section 4.2 under Development Regulations. (a) Onsite parking standards for apartments, include: ONSITE PARKING STANDARDS FOR APARTMENTS Studio One bedroom Two or more bedrooms Guest Parking 1 stall per unit 1.5 stalls per unit 2 stalls per unit 0.1 stalls per unit 58

67 Land Use Bylaw ###-## (b) (i) All at-grade parking is to be located at the side or rear of the building (ii) Appropriate soft landscaped open space shall be provided as a communal amenity area to be used for preschool and school aged children in the amount of a minimum of 2.5 m 2 (26.9 ft 2 )per bedroom (excluding the master bedroom) within the apartment. Additional Barrier Free Parking: (i) 1 unassigned stall per 20 units minimum of 1 unit for all multiunit dwellings 59

68 Brazeau County 7.4 BVC - Birchwood Village Greens Condominium Purpose The purpose of the BVC District is to accommodate rural and seasonal residential, recreational, and associated common property development within Birchwood Village Greens. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure Accessory Use Dwelling, Single-Detached Home Occupation Medium Home Occupation Minor Manufactured Home Modular Home Park Playground Park Private Community Facility Public and Quasi-Public Public Utility Facility Recreational Vehicle Secondary Suite DISCRETIONARY USES Bed & Breakfast Boarding & Lodging Daycare Family Care Unit Group Home Place of Worship Minimum Requirements: ITEM Parcel Area Parcel Width Front Yard Setback MINIMUM At the discretion of the Development Authority. At the discretion of the Development Authority. 5.0 m (16.4 ft.). 60

69 Land Use Bylaw ###-## ITEM Rear Yard Setback Side Yard Setback MINIMUM 3.0 m (9.8 ft.); 1.5 m (4.9 ft.) for accessory buildings. 1.5 m (4.9 f.t); 3.0 m (9.8 ft.) where abutting a flanking street; 1.5 m (4.9 ft.) for accessory buildings; 3.0 m (9.8 ft.) for accessory buildings abutting a flanking street Maximum Limits: ITEM Parcel Area MAXIMUM At the discretion of the Development Authority. Site Coverage Thirty-five (35) percent (%). Height 7.5 m (24.6 ft.) or two (2) storeys - the lesser thereof - for a dwelling; 5.8m (19.2 ft.) for an accessory building 2.0 m (6.6 ft.) for fencing within a rear or side yard; 1.0 m (3.3 ft.) for fencing within a front yard. Other Regulations Landscaping must comply with section 4.16 under Development Regulations Parking requirements must comply with section 4.2 under Development Regulations Home occupations must comply with section 4.13 under Development Regulations. Special Requirements Notwithstanding section 4.9 (hazard lands), development, at the discretion of the Development Authority, may be permitted within the 1:100 year flood plain where the developer can demonstrate, to the standards and guidelines of Alberta Environment, a safe and suitable developable area within a parcel Notwithstanding Section 4.9 (hazard lands), development of moveable accessory structures and recreational vehicles, may be permitted without a geotechnical evaluation where it does not appear to affect the use and enjoyment of neighbouring lands or detriment to the amenities of the neighbourhood Written acknowledgement from the Board of Directors of Birchwood Village Greens Condominium Association must be obtained for a proposed development prior to submitting an application for a development permit to the County. 61

70 Brazeau County 7.5 MHP - Manufactured Home Park Purpose The purpose of the Manufactured Home Park District is to provide for modular/manufactured home park development. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure Accessory Use Home Occupation Minor Manufactured Home Manufactured Home Park Modular Home Park Playground Park Private Community Facility Public and Quasi-Public Use Public Utility Facility DISCRETIONARY USES Convenience Store Daycare Service Home Occupation Medium Place of Worship Private Club Recreational Vehicle Storage Restaurant Retail Establishment Social Care Facility Site Minimum Requirements: ITEM Parcel Area Parcel Width Front Yard Setback Rear Yard Setback Side Yard Setback MINIMUM 0.8 ha (2 ac) m (100.1 ft.). 7.5 m (24.6 ft.). 5.0 m (16.4 ft.). 3.0 m (9.8 ft.); 62

71 Land Use Bylaw ###-## ITEM MINIMUM 5.0 m (16.4 ft.) where abutting a flanking street Site Maximum Limits: ITEM Height Density MAXIMUM One (1) storey for modular/manufactured homes; 3.0 m (10 ft) for accessory buildings; 7.5 m (25 ft) or two (2) storeys - the lesser thereof - for a private lodge/club; 2.0 m (6 ft) for fences. Twenty (20) unit sites per hectare (8 per acre) Stall Minimum Requirements: ITEM MINIMUM Stall Area m 2 ( ft 2 ) Front Yard Setback Rear Yard Setback Side Yard Setback Floor Area 3.0 m (9.8 ft.) 3.0 m (9.8 ft.) 1.5 m (4.9 ft.); 3.0 m (9.8 ft.) abutting flanking internal road 74.3 m 2 (800 ft 2 ) for a modular/manufactured home units Stall Maximum Limits: ITEM MAXIMUM Stall Coverage Fifty (50) percent (%); Fifteen (15) percent (%) for accessory buildings and uses. Other Regulations Landscaping Requirements (a) (b) Refer to section 4.16 under development regulations; A minimum of ten (10) percent (%) of a modular/manufactured home park area must be designated as common open space recreation area. No portion of any unit site must encroach upon this open space; 63

72 Brazeau County (c) Common storage areas, separate from the unit sites, must be required for the storage of seasonal recreational equipment and other equipment and must be enclosed and screened by trees, landscape features, fencing, or any combination thereof Parking and Access Requirements (a) (b) (c) (d) Refer to section 4.2 under Development Regulations; All sites exceeding 2.0 ha (5 ac) in size or fifty (50) units must provide a minimum of two (2) accesses to public roads; All unit sites must be accessed via an internal road; All sites must provide, adjacent to each internal road, a pedestrian walkway no less than 1.0 m (3.3 ft.) in width Home Occupations (a) Refer to section 4.13 under Development Regulations Minimum Design Standards (a) The modular/manufactured home park shall adhere to all requirements of the Brazeau County Minimum Design Standards in effect at the time a development permit application is submitted. 64

73 Land Use Bylaw ###-## 8 BUSINESS DEVELOPMENT DISTRICTS 8.1 C - Commercial Purpose The purpose of the Commercial District is to accommodate a range of retail and service commercial uses primarily along highway corridors and growth areas. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure Accessory Use Automotive, Equipment Repair, Recreational Vehicle Sales and Rental Business Support Services Convenience Store Day Care Service Drinking Establishment Drive-In Business Financial Services Hotel Motel Office Outdoor Storage Park Personal Service Facility Place of Worship Private Club Public and Quasi-Public Public Utility Facility Recreational Service, Indoor DISCRETIONARY USES Animal Service Facility Assisted Living Boarding or Lodging Facility Commercial Tourist Development Funeral Home/Crematorium Parking, Non-Accessory Recreational Vehicle Park Recycling Depot Taxidermy 65

74 Brazeau County PERMITTED USES Recreational Service, Outdoor Recreational Vehicle Storage Restaurant Retail Establishment Service Station Social Care Facility Surveillance Suite Warehouse Sales and/or Storage DISCRETIONARY USES Minimum Requirements: ITEM Parcel Area Parcel Width Front Yard Setback Rear Yard Setback Side Yard Setback MINIMUM m2 (5000 ft2) for fully serviced parcels; m2 (10,000 ft2) for parcels served by municipal sewer only; m2 (15,000 ft2) for parcels served by municipal water only; 1858 m2 (20,000 ft2) for non-serviced parcels m (49.9 ft.) for serviced parcels; 10.0 m (32.8 ft.) frontage for panhandle/flag lot m (65.6 ft.) where abutting a County road where road widening has not been dedicated; 12.5 m (41.0 ft.) where abutting a County road where road widening has been dedicated; 8.0 m (26.2 ft.) where abutting an internal or hamlet road; 40.0 m (131.2 ft.) where abutting a highway. 5.0 m (16.4 ft.); 40.0 m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting a hamlet road; 40.0 m (131.2 ft.) where abutting a highway. 3.0 m (9.8 ft.); 40.0 m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 66

75 Land Use Bylaw ###-## ITEM Floor Area MINIMUM 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 3.0 m (9.8 ft.) where abutting a hamlet road; 3.0 m (9.8 ft.) where abutting a residential district; 40.0 m (131.2 ft.) where abutting a highway m 2 (279.8 ft 2 ) for a hotel or motel unit Maximum Limits: ITEM Parcel Area Site Coverage MAXIMUM At the discretion of the Development Authority. Fifty (50) percent (%) for service stations; Sixty (60) percent (%) for other uses. Height 9.0 m (29.5 ft.); 2.0 m (6.6 ft.) for fencing within a rear or side yard; 1.0 m (3.3 ft.) for fencing within a front yard, unless otherwise approved by the Development Authority. Other Regulations Landscaping must comply with section 4.16 under Development Regulations Parking requirements must comply with section 4.2 under Development Regulations Sign requirements must comply with section 4.23 under Development Regulations. (a) All freestanding signs must be setback at a minimum distance equal to fifty percent (50%) of the required yard. 67

76 Brazeau County 8.2 RI - Rural Industrial Purpose The purpose of the Rural Industrial District is to accommodate a range of general industrial and heavy industrial land uses appropriate on rural serviced or non-serviced lands in potential nodes or along highways that are designated by approved area structure plans or area redevelopment plans. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure Accessory Use Agricultural, Support Services Animal Service Facility Auction Facility Automotive and Equipment Body Repair Automotive and Equipment Repair Automotive, Equipment, Recreational Vehicle Sales, Service and Rental Contracting Services, Major Contracting Services, Minor Drive-In Business Industrial Use, General Natural Resource Processing Outdoor Oilfield Storage Facility Outdoor Storage Park Public and Quasi-Public Use Public Utility Facility Recreational Vehicle Storage Recycling Depot DISCRETIONARY USES Boarding or Lodging Facility Bulk Oil and Chemical Storage Business Support Services Crematorium Land Farm Natural Resource Extraction Parking, Non-Accessory Recreation Service, Indoor Telecommunication Tower Waste Management Facility, Work Camp 68

77 Land Use Bylaw ###-## PERMITTED USES Service Station Surveillance Suite Taxidermy Warehouse Sales/Storage DISCRETIONARY USES Minimum Requirements: ITEM Parcel Area Parcel Width Front Yard Setback Rear Yard Setback Side Yard Setback Floor Area MINIMUM 0.4 ha (1 ac) m (49.8 ft.) for serviced parcels; 30.5 m (100.0 ft.) for non-serviced and partially serviced parcels; 20.0 m (65.6 ft.) abutting a County road where road widening has not been dedicated; 12.5 m (41.0 ft.) abutting a County road where road widening has been dedicated; 8 m (26.2 ft.) abutting an internal or hamlet road; 40.0 (131.2 ft.) abutting a highway. 5.0 m (16.4 ft.); 40.0 m (131.2 ft.) abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) abutting a hamlet road; 40.0 m (131.2 ft.) abutting a highway. 3.0 m (9.8 ft.); 40.0 m (131.2 ft.) abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) abutting a County road where road widening has been dedicated; 3.0 m (9.8 ft.) abutting a hamlet road; 3.0 m (9.8 ft.) abutting a residential district; 40.0 m (131.2 ft.) abutting a highway. 26 m 2 (279.8 ft 2 ) for a hotel or motel unit. 69

78 Brazeau County Maximum Limits: ITEM Parcel Area Site Coverage Height MAXIMUM At the discretion of the Development Authority Fifty percent (50%) for service stations; Sixty (60) percent (%) for other uses m (52.5 ft.) for any building; Other Regulations Landscaping must comply with section 4.16 under Development Regulations Parking requirements must comply with section 4.2 under Development Regulations Sign requirements must comply with section 4.23 under Development Regulations. (a) All freestanding signs must be setback at a minimum distance equal to fifty (50) percent (%) of the required yard. 70

79 Land Use Bylaw ###-## 8.3 LI - Light Industrial Purpose The purpose of the Light Industrial District is to accommodate a range of general and light industrial uses within designated hamlets and growth areas. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure Accessory Use Automotive and Equipment Body Repair Automotive and Equipment Repair Automotive, Equipment, Recreational Vehicle Sales, Service and Rental Contracting Services, Major Contracting Services, Minor Industrial Use, General Outdoor Oilfield Storage Park Personal Storage Facility Public and Quasi-Public Use Public Utility Facility Recreational Vehicle Storage Recycling Depot Service Station Surveillance Suite Taxidermy Warehouse Sales and/or Storage DISCRETIONARY USES Boarding or Lodging Facility Business Support Services Parking, Non-Accessory Recreation Service, Indoor Retail Establishment Minimum Requirements: ITEM MINIMUM 71

80 Brazeau County ITEM MINIMUM Parcel Area m 2 (5000 ft 2 ). Parcel Width Front Yard Setback Rear Yard Setback Side Yard Setback Floor Area 15.2 m (49.9 ft.) for serviced parcels; 30.5 m (100.0 ft.) for non-serviced and partially serviced parcels; 20.0 m (65.6 ft.) abutting a County road where road widening has not been dedicated; 12.5 m (41.0 ft.) abutting a County road where road widening has been dedicated; 8.0 m (26.3 ft.) abutting an internal or hamlet road; 40.0 m (131.2 ft.) abutting a highway. 5.0 m (16.4 ft.); 40.0 m (131.2 ft.) abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) abutting a hamlet road; 40.0 m (131.2 ft.) abutting a highway. 3.0m (9.8 ft.) 40.0 m (131.2 ft.) abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) abutting a County road where road widening has been dedicated; 3.0 m (9.8 ft.) abutting a hamlet road; 3.0 m (9.8 ft.) abutting a residential district; 40.0 m (131.2 ft.) abutting a highway m 2 (279.8 ft 2 ) for a hotel or motel unit Maximum Limits: ITEM Parcel Area Site Coverage Height MAXIMUM At the discretion of the Development Authority. Fifty percent (50%) for service stations; Sixty (60%) percent for other uses. 9.0 m (29.5 ft.); 2.0 m (6.6 ft.) for fencing within a rear or side yard; 1.0 m (3.3 ft.) for fencing within a front yard, unless 72

81 Land Use Bylaw ###-## ITEM MAXIMUM otherwise approved by the Development Authority. Other Regulations Landscaping must comply with section 4.16 under Development Regulations Parking requirements must comply with section 4.2 under Development Regulations Sign requirements must comply with section 4.23 under Development Regulations. (a) All freestanding signs must be setback at a minimum distance equal to fifty (50) percent (%) of the required yard. 73

82 Brazeau County 9 EXCLUSIVE DISTRICTS 9.1 R - Recreation Purpose The purpose of the Recreation District is to accommodate a range of public and private rural recreational uses. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure Accessory Use Agricultural, Retail Boarding or Lodging Facility Cabin Campground, Minor Commercial Tourist Development Convenience Store Guest Ranch Park Public and Quasi-Public Use Public Utility Facility Recreation Service, Indoor Recreation Service, Outdoor Service Station Surveillance Suite DISCRETIONARY USES Campground, Major Drinking Establishment Hotel Motel Private Club Restaurant Retail Establishment Minimum Requirements: ITEM Parcel Area MINIMUM 0.4 ha (1 ac). 74

83 Land Use Bylaw ###-## ITEM Parcel Width Front Yard Setback Rear Yard Setback Side Yard Setback MINIMUM 30.5 m (100.0 ft.); 10.0 m (32.8 ft.) frontage for a panhandle/flag lot m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway. 8.0 m (26.2 ft.); 40.0 m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway. 6.0 m (19.7 ft.); 40.0 m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 40.0 m (131.2 ft.) where abutting a highway Maximum Limits: ITEM MAXIMUM Site Coverage Thirty (30) percent (%). Fifty (50) percent (%) for Service Stations. Height 9.2 m (30.2 ft.) 2.0 m (6.6 ft.) for fencing, unless otherwise approved by the Development Authority. Other Regulations 75

84 Brazeau County Landscaping must comply with section 4.16 under Development Regulations Parking requirements must comply with section 4.2 under Development Regulations Sign requirements must comply with section 4.23 under Development Regulations. (a) No freestanding sign shall exceed the height of the principal building Multiple principal uses may be permitted on a parcel at the discretion of the development authority. 76

85 Land Use Bylaw ###-## 9.2 CL - Crown Lands Purpose The purpose of the Crown Lands District is to provide for coordinated land use and development of lands owned by the Crown. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure DISCRETIONARY USES Aerodrome Accessory Use Agriculture, Intensive Class 2 Campground Major Commercial Tourism Development Outdoor Storage Park Public & Quasi-Public Use Airport Natural Resource Extraction and Processing Outdoor Oilfield Storage Facility Recreational Vehicle Storage Work Camp Public Utility Facility Other Regulations The Crown and its agencies are exempt from the provisions of this Bylaw All development permit applications for this district must be accompanied by proof of disposition from the appropriate provincial department, such as a lease, license, etc Any land within this district that is transferred to private ownership shall: (a) (b) No longer be subject to the provisions of the Crown Lands District; and Be subject to the provisions of the Agricultural District All development standards, including minimum requirements and maximum limits, shall be at the discretion of the Development Authority as set out in statutory documents of the County. 77

86 Brazeau County 9.3 Direct Control (DC) Purpose The purpose of the Direct Control District is to authorize and allow Council to exercise particular and specific direction and control over the use and development of land and buildings in particular areas of the County. Use of Land and Buildings Council may regulate and control the use of land and buildings in areas designated Direct Control, by this Bylaw, in any manner it considers necessary. The determination of appropriate uses and applicable development requirements within a Direct Control area must be as established and prescribed by Council upon review and consideration of a development proposal, or delegated in the Bylaw to a valid Development Authority. Development Considerations Council may regulate the following in consideration of a development within the Direct Control District: (a) (b) (c) (d) (e) (f) (g) (h) Minimum requirements at the discretion of the Development Authority; Maximum limits; Parking; Landscaping and screening; Utilities and servicing; Environmental impacts; Public consultation; Other matters deemed relevant by Council Council may impose terms and conditions, including performance bonding, with or without a caveat registered against the certificate of title All existing development contained within a prior direct control district, at the time of passing of this Bylaw, must adhere to the development standards implied to it within that prior district until such time that a further development permit is required. 78

87 Land Use Bylaw ###-## 9.4 PI - Public Institutional Purpose The purpose of the Public Institutional District is to accommodate a range of public and private uses which provide cultural, medical, social, religious, and educational services. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Accessory Structure Accessory Use Cemetery Education Facility Group Homes Health Services Facility Park Place of Worship Playground Park Private Club Public and Quasi-Public Public Utility Facility Recreation Service, Indoor Social Care Facility Surveillance Suite DISCRETIONARY USES Assisted Living Minimum Requirements ITEM MINIMUM Parcel Area m 2 (5000 ft 2 ). Parcel Width Front Yard Setback 15.2 m (49.9 ft.) for serviced parcels; 30.5 m (100.1 ft.) for non-serviced and partially serviced parcels m (65.6 ft.) abutting a County road where road 79

88 Brazeau County ITEM Rear Yard Setback Side Yard Setback MINIMUM widening has not been dedicated; 15.0 m (49.2 ft.) abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) abutting an internal road; 7.0 m (23.0 ft.) abutting a hamlet road; 40.0 m (131.2 ft.) abutting a highway. 8.0 m (26.2 ft.); 40.0 m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 7.0 m (23.0 ft.) where abutting a hamlet road; 40.0 m (131.2 ft.) where abutting a highway. 3.0 m (9.8 ft.); 40.0 m (131.2 ft.) where abutting a County road where road widening has not been dedicated; 25.0 m (82.0 ft.) where abutting a County road where road widening has been dedicated; 10.0 m (32.8 ft.) where abutting an internal road; 7.0 m (23.0 ft.) where abutting a hamlet road; 40.0 m (131.2 ft.) where abutting a highway Maximum Limits ITEM MAXIMUM Site Coverage Thirty (30) percent (%). Height 9.2 m (30.2 ft.); 2.0 m (6.6 ft.) for fencing within a rear or side yard; 1.0 m (3.3 ft.) for fencing within a front yard, unless otherwise approved by the Development Authority. Other Regulations Landscaping Requirements (a) In addition to section 4.16 under Development Regulations, and at the discretion of the Development Authority, a 2.0 m (6.6 ft.) wide landscaped buffer shall be provided along rear and side parcel boundaries adjacent to residential land uses. 80

89 Land Use Bylaw ###-## (b) Landscaping requirements within the front yard shall be at the discretion of the Development Authority Parking requirements must comply with section 4.2 under Development Regulations Sign requirements must comply with section 4.23 under Development Regulations. (a) (b) All freestanding signs must be setback at a minimum distance equal to fifty (50) percent (%) of the required yard; No freestanding sign shall exceed the height of the principal building, where there is no principal building it will be at the discretion of the Development Authority. 81

90 Brazeau County 9.5 UR - Urban Reserve Purpose The purpose of the Urban Reserve District is to identify land which in the future will probably be converted to urban use, but which can be used for agricultural purposes. An Area Structure Plan (ASP) approved by council must be prepared before the land will be considered for reclassification to another use. District Characteristics The following uses shall be permitted or discretionary with or without conditions provided the application complies with the regulations of this district and this Bylaw. PERMITTED USES Park Public Utility Facility DISCRETIONARY USES Uses may be allowed at the discretion of the Municipal Planning Commission which are compatible with the long-term plans for the land as set out in the Municipal Development Plan and any area structure plan for the land. Other Regulations No more than one dwelling unit shall be established on a lot; All development standards, including minimum requirements and maximum limits, shall be at the discretion of the Development Authority as set out in the long term plans. 82