TOWN OF BASHAW Bylaw 675-2004 A bylaw t regulate the develpment and use f land and buildings Pursuant t Part 17 f the Municipal Gvernment Act, the Cuncil f the Twn f Bashaw, duly assembled, hereby enacts as fllws: 1. TITLE This bylaw may be cited as the Land Use Bylaw. 2. PURPOSE The purpse f this bylaw is t regulate and cntrl the use and develpment f land and buildings within the municipality t achieve the rderly and ecnmic develpment f land, and fr that purpse, amng ther things, t divide the municipality int districts; t prescribe and regulate fr each district the purpses fr which land and buildings may be used; t establish the ffice f Develpment Authrity; t establish a methd f making decisins n applicatins fr develpment permits including the issuing f develpment permits; t prescribe a prcedure t ntify wners f land likely t be affected by the issue f a develpment permit; and t establish a prcedure fr appeals against the decisins f the Develpment Authrity. 3. DEFINITIONS In this bylaw: Abut r abutting means immediately cntiguus t r physically tuching, and when used in respect f a lt, means that the tw abutting lts share a prperty line. Accessry building means a building separate and subrdinate t the main building, the use f which is incidental t that main building and is lcated n the same lt. A garage attached t a main building is deemed t be part f the main building. Accessry use means a use custmarily incidental and subrdinate t the main use r building and lcated n the same lt with such main use r building. Act means the Municipal Gvernment Act and the regulatins pursuant theret. Adjacent land r lt means prperty that abuts a lt r which wuld abut if it were nt fr an intervening highway, rad, lane, river, r stream. Agriculture means all frms f farming except fr intensive livestck facilities. 1
Apartment building means a building cntaining at least three separate dwellings which share a cmmn entrance frm utside the building. Applicant means an wner, agent r any persn, firm, r cmpany required t btain r having btained a develpment permit. Bed and breakfast establishment means a business perated in a private huse in which up t three rms within the huse are made available fr rent t shrt-term paying guests. Billbard means a freestanding sign attached permanently and securely t the grund, engineered and maintained t the satisfactin f the Develpment Authrity. Building permit means a permit issued under the Safety Cdes Act authrizing cnstructin. Carprt means a rfed structure used fr the strage r parking f vehicles and which has n mre than 50% f its perimeter enclsed by walls. Church includes a building used as a place r wrship by any religin. Cnventinal cnstructin means a building cnstructed n site using cnventinal building materials and cnstructin methds, and includes mdular cnstructin using pre-built panels and sectins, but excludes manufactured huses. Cuncil means the Cuncil f the Twn f Bashaw. Day care facility means a building and prgram fr the prvisin f care, maintenance, and supervisin fr fur r mre children under the age f 15 years, by a persn nt related t the children by bld r marriage, fr perids f less than 24 cnsecutive hurs. Detached huse means a building which cntains ne dwelling unit and which may als cntain ne suite. Develpment means, in additin t the meanings listed in sectin 616 f the Act, demlitin. Develpment permit means a dcument authrizing develpment issued under this bylaw. Discretinary use means the use f land r a building prvided fr in this bylaw fr which a develpment permit may be issued upn an applicatin having been made, and against which an appeal may be made by an affected persn. Duplex means a building cntaining tw dwelling units, sharing a cmmn wall, with separate utside entrances fr each dwelling unit. Dwelling unit means a self-cntained living premises with cking, eating, living, sleeping, and sanitary facilities fr dmestic use f ne r mre individuals. Easement means a right t use land, generally fr access t ther prperty, r as a right-f-way fr a public utility. Fence includes wall. Flr area f a building means the aggregate area f all finished flrs n all levels. Frnt means, in the case f a crner lt, the shrter side. Frnt yard means that prtin f the site extending acrss the full width f the lt frm the frnt prperty bundary f the lt t the nearest prtin f the exterir wall f the building, and shall be measured at right angles t the frnt prperty bundary. Where a lt frnts n tw r mre streets, the Develpment Authrity may designate ne r mre streets as the frnt f the lt. 2
Grade f a lt means the average elevatin f the lt crners. Granny r nanny suite means a self-cntained suite in a dwelling which is (t be) ccupied by a family member r servant f the husehlder. Grup care facility means a facility which prvides residential services t seven r mre individuals, ne r mre f whm are unrelated, and wh require supervisin because f their age, disability, r need fr rehabilitatin, and where qualified staff are present at all times. Grup hme means grup care facility which prvides accmmdatin fr six r less peple, but des nt include a fster hme, day care facility, r family day hme. Hard surfacing f a parking stall means asphalt, cncrete, stne, gravel r ther all-weather surface treatment Height (f a building) means the vertical distance frm grade level t the highest pint n the rf f the building, but excluding chimneys and aerials. Hme business means a business, trade, craft, ccupatin, strage activity, r ther cmmercial peratin in a residence r accessry building n that site, n a scale greater than a hme ffice, and carried n by the resident f that site, and des nt include the repair f mtr vehicles. Hme ffice means an ffice in a dwelling which is nt visited by a significant number f clients, des nt change the external appearance r residential character f the dwelling r yard, and is carried n nly by the residents f that dwelling. Lt means an individual lt r parcel, r a bare land cndminium unit fr which a title has been issued, r, where tw r mre lts are tied fr assessment purpses, r are included in a single title, the area encmpassed by the tw r mre lts. Main building means a building in which is cnducted the main r principal use f the lt n which it is erected. Manufactured hme means a new residential building cntaining ne dwelling unit, built in a factry and transprted in ne r mre sectins t a suitable site, and des nt include "mbile hme" r "mdular hme". Manufactured hmes have replaced mbile hmes, which are n lnger built in Alberta. Mdular hme means a new residential building cntaining ne dwelling unit, built in a factry and transprted t a site t be permanently installed n a fundatin, and which appears indistinguishable in design and finish frm a stick-built huse, and des nt include manufactured hme r mbile hme. Mbile hme means a detached dwelling unit built in a factry in ne r tw sectins and designed t be readily relcatable, and des nt include manufactured hme r mdular hme. Mbile hmes, at ne time cmmnly referred t as trailers, are n lnger built in Alberta. Municipal Develpment Plan means a plan adpted under sectin 632 f the Act. Municipality means the Twn f Bashaw. Owner means, in additin t the meanings set ut in the Act, a purchaser under an agreement fr sale that is the subject f a caveat registered against the Certificate f Title f the land, and any assignee f the purchaser's interest that is the subject f a caveat registered against the Certificate f Title. Parking stall means a hard-surfaced area at least 6 metres in length and 3 metres in width, reserved fr the parking f mtr vehicles. 3
Permitted use means the use f land r a building prvided fr in this bylaw, and fr which, if it cmplies in every way with this bylaw, a develpment permit shall be issued with r withut cnditins as prvided fr in this bylaw. Rear yard means that prtin f the site extending acrss the full width f the lt frm the rear prperty bundary f the lt t the nearest prtin f the exterir wall f the building, and shall be measured at right angles t the rear prperty line. Rental suite means a self-cntained suite within a detached huse which may be rented t a persn wh is nt related t r a servant f the ccupant f the huse. Residence means any building r structure used exclusively r primarily fr human habitatin and includes multiple dwellings, apartments, ldging, and barding huses, and (unless mre clsely defined fr the purpses f ne sectin f the bylaw) includes manufactured and mdular hmes. Restaurant means a premise where fd r beverage is prepared and ffered fr sale primarily fr immediate cnsumptin. (Bylaw 706-2008) Rad means the entire width f the right-f-way f a rad r lane shwn n a twnship plan, rad plan, r plan f subdivisin, and nt nly the built traveling surface. Rw husing means a residential building cntaining at least 3 dwellings, each with direct utside access at grade. Service statin means a business selling mtr fuels t the public, and includes freestanding service statins, gas bars, and the fuel sales cmpnent f any autmbile supply r repair business, but des nt include key lck r bulk fuel sales. Setback means the distance between the clsest part f a building and the frnt, side, r rear prperty line f the lt, measured at right angles t that prperty line. Side yard means that prtin f the site extending frm the frnt yard t the rear yard and lying between the side prperty bundary f the lt and the nearest prtin f the exterir wall f the building, and shall be measured at right angles t the side prperty bundary. Sign means an bject r device primarily intended t advertise r call attentin t any persn, matter, thing, r event. Site means the ne r mre lts n which a develpment exists r is prpsed, and may include nearby lanes, bulevards, and rads n which assciated develpment exists r is prpsed. Suite means an area within a residence which prvides a self cntained living area with its wn cking and washing facilities. Temprary building means a building which will be remved within a year f its being erected. Nte that this definitin is nt the same as that in the Alberta Building Cde. Use means a use f land r a building as determined by the Develpment Authrity, r n appeal by the Subdivisin and Develpment Appeal Bard. Utility building means a building in which the prprietr f a utility cmpany huses any equipment used in cnnectin with the utility, but excludes ffices. Yard means the pen space between the utside wall f the main building n a lt and the bundaries f that lt. 4
All ther wrds have the meanings assigned t them by sectins 1 and 616 f the Act, r cmmn dictinary meanings. 4. INTERPRETATION 4.1. Any dubt as t the meaning f a wrd, r the bundaries f a land use district shwn n Schedule C, shall be settled by a reslutin f Cuncil. 4.2. Where a prperty bundary is als the bundary f a land use district, and the prperty bundary is mved by subdivisin, the land use district bundary fllws the new prperty bundary. 4.3. In accrdance with Alberta Land Titles practice, all areas and distances in this bylaw are in metric measure. Imperial equivalents are given as a cnvenience but may nt be exact. In case f cnflict, the metric measure shall gvern. 5. DEVELOPMENT AUTHORITY 5.1. The ffice f Develpment Authrity is hereby established and shall be filled by a persn r persns appinted by reslutin f Cuncil. 5.2. The Develpment Authrity shall: 5.2.1 maintain a cpy f this bylaw as amended, and make it available t any persn n a cst recvery basis; 5.2.2 maintain a register f all applicatins, the decisins made n them, and the reasns fr thse decisins, and make it available t any persn at n charge; 5.2.3 review and prcess all applicatins fr a develpment permit, and make and issue a decisin in accrdance with this bylaw; 5.2.4 issue letters f cmpliance certifying whether r nt a building r land use cmplies with this bylaw; 5.2.5 enfrce this bylaw in cnfrmance with the Act; and 5.2.6 carry ut the ther duties impsed n him by this bylaw and the Act. 5.3. Fr the purpses f sectin 542 f the Act, the Develpment Authrity is an authrized persn f the municipality. 5.4 In accrdance with cmmn usage, the Develpment Authrity may als be referred t as the Develpment Officer. 6. SUBDIVISION AND DEVELOPMENT APPEAL BOARD The Subdivisin and Develpment Appeal Bard established by Bylaw 562-01 shall hear and decide upn appeals against the decisin (r lack f decisin) f the Develpment Authrity. 7. DEVELOPMENT PERMIT REQUIRED N develpment ther than that listed in sectin 8 shall be undertaken within the municipality unless an applicatin fr it has been apprved and a develpment permit has been issued. 8. DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT The fllwing develpment shall nt require a develpment permit: 5
8.1. thse uses f land r a building which are exempt under sectins 618 r 619 f the Act r under regulatins pursuant t thse sectins; 8.2. the cmpletin and use f a building which was lawfully under cnstructin r fr which a develpment permit had been issued and was still valid at the date f adptin f this bylaw; 8.3. the use f a building r prperty which was authrized under a previus bylaw; 8.4. the maintenance r repair f any building, prvided that such wrks d nt include structural alteratins r majr wrks f renvatin; 8.5. Internal alteratins t a building, prvided these alteratins d nt result in an increase in the number f dwelling units in the building (but a permit under the Safety Cdes Act may still be required); 8.6. the cnstructin f gates, fences, walls, r ther means f enclsure (ther than n crner lts r where abutting n a rad used by vehicular traffic) less than 1 metre in height in frnt yards and less than 1.5 metres in side and rear yards, and subject t sectin 4 f Schedule A; 8.7. landscaping and paving, prvided that grades and verland water flws are nt altered; 8.8. the cnstructin r maintenance f any utility, wrk, r imprvement undertaken by the municipality r a utility in a street r utility lt; 8.9. a temprary building as defined in sectin 3 f this bylaw, the sle purpse f which is incidental t the erectin r alteratin f a building, fr which a permit has been issued under this bylaw; 8.10 a deck with a walking surface n mre than 30 cm (ne ft) abve grade; 8.11 a sign which is exempt under Schedule B f this bylaw; and 8.12 new single strey buildings, nt n permanent fundatin, under 15 square metres (160 sq ft) in size which are accessry t a residential use. These buildings are bund by yard and setback rules. 9. NON-CONFORMING BUILDINGS AND USES If a building r land use is nt allwed in this bylaw, but was legally in existence at the date f passage f this bylaw, it may cntinue legally as a nn-cnfrming use and be maintained, pursuant t sectin 643 f the Act, but it may nt be enlarged r replaced except pursuant t sectin 13.6 f this bylaw. 10. APPLICATION FOR A DEVELOPMENT PERMIT 10.1 An applicatin fr a develpment permit shall be made t the Develpment Authrity in writing n the apprpriate frm, signed by the wner r his authrized agent, and shall be accmpanied by 10.1.1 a statement f the frmer, present, and prpsed use f a lt and any buildings n it; 10.1.2 the legal descriptin and municipal address; 10.1.3 a site plan drawn t scale and shwing the bundaries f the lt, the lcatins f existing and prpsed buildings, any frnt, rear, and side yards, any prvisin fr ff-street lading and vehicle parking, and access and egress pints t the site; 10.1.4 all easements and utilities, and the prpsed cnnectins t utilities; 6
10.1.5 the prpsed site grading and drainage; 10.1.6 the estimated cmmencement and cmpletin dates f any cnstructin; 10.1.7 the estimated cst f the prject r cntract price; and 10.1.8 the apprpriate fee. 10.2. The Develpment Authrity may als request 10.2.1 drawings f the prpsed building with details f the finish f the building and the landscaping f the lt; 10.2.2 a real prperty reprt drawn by an Alberta Land Surveyr, if there is any dubt as t the bundaries f the lt; 10.2.3 engineering and ther reprts t prve the safety and suitability f the site fr the purpse intended, including a declaratin that the site is free frm cntaminatin; 10.2.4 a cpy f the current title t the lt; and 10.2.5 any ther infrmatin which he deems necessary t make an infrmed decisin n the prpsed develpment. 10.3 An applicatin fr a develpment permit is nt cmplete, and the time available t the Develpment Authrity t make a decisin under sectin 13 des nt cmmence, until the items listed in sectins 10.1 and 10.2 have been supplied. 10.4 Pursuant t sectin 640(5) f the Act, when an applicatin fr a develpment permit r change f land use designatin has been refused, the Develpment Authrity may refuse t accept anther applicatin n the same prperty and fr the same r similar use f the land by the same r any ther applicant fr six mnths after the date f previus refusal, unless the circumstances have changed sufficiently t warrant therwise. 11. DIRECT CONTROL DISTRICTS 11.1. If a prpsed subdivisin r develpment in a Direct Cntrl district is cnsistent with the Municipal Develpment Plan and ther written municipal plicies, the Develpment Authrity may apprve the applicatin, with r withut cnditins. 11.2. In all ther cases, a prpsed develpment in a Direct Cntrl district shall be referred t Cuncil fr a decisin. 12. PUBLIC CONSULTATION PRIOR TO DECISION Befre deciding n an applicatin fr a develpment permit fr a discretinary use, r befre relaxing r waiving r interpreting any part f the bylaw, the Develpment Authrity may at his discretin cnsult the wners f nearby land by mail r by advertising in the lcal newspaper, and if the neighburing landwners reply within 14 days, the Develpment Authrity shall cnsider their cmments and recmmendatins befre issuing a develpment permit. 13. DECISION BY THE DEVELOPMENT AUTHORITY 13.1 The Develpment Authrity shall decide n all applicatins fr a develpment permit, except that if the land is classified as Direct Cntrl, sectin 11 f this bylaw and sectin 641 f the Act apply. 13.2 The Develpment Authrity shall decide upn an applicatin fr a develpment permit within 40 days f receiving a cmplete applicatin. 7
13.3 An applicant fr a develpment permit may authrize the Develpment Authrity, in writing, t take a lnger perid f time t make a decisin. 13.4 An applicatin fr a develpment permit may, at the ptin f the applicant, be deemed t be refused when a decisin is nt made n it by the Develpment Authrity within 40 days after receipt f the applicatin by the Develpment Authrity, and the applicant may appeal as if the applicatin had been refused. 13.5 In the case where a prpsed specific use f land r a building is nt prvided fr in any district in this bylaw, the Develpment Authrity may determine that such use is similar in character and purpse t a permitted r discretinary use prescribed fr that district in Schedule B, and apprve it. 13.6 Cnsistent with sectin 640(6) f the Act, the Develpment Authrity may apprve an applicatin fr a develpment permit, ntwithstanding that the prpsed develpment des nt cmply with this bylaw, if, in his pinin, 13.6.1 the prpsed develpment wuld nt 13.6.1.1 unduly interfere with the amenities f the neighbrhd, r 13.6.1.2 materially interfere with r affect the use, enjyment, r value f neighbring parcels f land, and 13.6.2 the prpsed develpment cnfrms with the use prescribed fr the land r building in this bylaw, and this pwer extends t nncnfrming buildings pursuant t sectin 643(5)(c) f the Act. 13.7 The Develpment Authrity may at his discretin relax any required setback by up t 50%, and any required lt size r building size by up t 20%. 13.7.1 If the amunt f the relaxatin is nt mre than 10%, the relaxed dimensin r area is deemed t meet the requirements f this bylaw, and the relaxatin need nt be advertised. 13.7.2 If the amunt f the relaxatin is mre than 10%, the relaxatin is deemed t be an exercise f discretin and must be advertised under sectin 17. 13.8 In making a decisin, the Develpment Authrity may apprve the applicatin uncnditinally, r impse cnditins cnsidered apprpriate, permanently, r fr a limited perid f time, r refuse the applicatin. 13.9 The Develpment Authrity may refuse t issue a develpment permit fr an accessry building if n main building exists n the lt. 13.10 When the Develpment Authrity refuses an applicatin fr a develpment permit, the decisin shall cntain reasns fr the refusal. 13.11 The Develpment Authrity may issue a letter f cmpliance fr a building despite it having insufficient setbacks if in his pinin the lack f cmpliance meets the tests set ut in sectin 13.6.1. 14. CONDITIONS ATTACHED TO DEVELOPMENT PERMITS The Develpment Authrity may issue a develpment permit subject t the cnditin that the applicant: 14.1 amends the prpsal t cnfrm with this r ther bylaws; 8
14.2 pays an ff-site levy r redevelpment levy impsed by bylaw; 14.3 enters int an agreement pursuant t the Act cncerning servicing f the site; 14.4 registers an easement t prtect a utility line; 14.5 repairs any municipal imprvements that may be damaged as a result f the develpment; 14.6 finishes a building, r landscapes r paves a lt, within a stated perid f time; 14.7 grades a lt t the satisfactin f the municipality; 14.8 supplies parking t meet the requirements f the bylaw; 14.9 registers a restrictive cvenant cncerning architectural cntrls and landscaping; r 14.10 depsits cash, a letter f credit, r a perfrmance bnd guaranteeing that any f the abve cnditins are met. 15. ISSUANCE OF DEVELOPMENT PERMITS 15.1 A develpment permit des nt cme int effect until 14 days after the date f issue. 15.2 If a valid appeal is made pursuant t this bylaw, a develpment permit which has been granted shall nt cme int effect until the appeal has been determined, and the permit may be mdified r nullified thereby. 15.3. A decisin f the Develpment Authrity n an applicatin fr a develpment permit shall be given in writing and a cpy f it sent t the applicant and t any persn wh has expressed an interest in the matter. 16. SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT 16.1 If the develpment authrized by a permit is nt cmmenced within six mnths and cmpleted within 12 mnths frm the date f issue, and carried ut with reasnable diligence, the permit expires, unless an extensin has previusly been granted by the Develpment Authrity. 16.2 If a Develpment Permit was issued in errr r was btained thrugh misrepresentatin, the Develpment Authrity may revke it by sending a ntice t the applicant by registered mail r by hand delivery. 17. NOTICE OF EXERCISE OF DISCRETION When a permit has been granted fr a discretinary use, r pursuant t sectins 13.5, 13.6, r 13.7.2, the Develpment Authrity 17.1 shall immediately mail a ntice in writing t the registered wners f all land within 60 metres f the prpsed develpment, and t any ther persn wh may, in his pinin, be affected; and 17.2 may immediately publish in a newspaper circulating in the municipality a ntice stating the lcatin f the prperty fr which the applicatin has been made and the use apprved; and 17.3 may pst a ntice f the decisin cnspicuusly n the prperty fr which the applicatin has been made, and the ntice shall set ut the rights f persns t appeal against the issue f the develpment permit. 9
18. APPEAL PROCEDURE 18.1 An appeal against a decisin r failure t make a decisin by the Develpment Authrity shall be launched by filing ntice, with the apprpriate fee, with the Secretary f the Subdivisin and Develpment Appeal Bard. 18.2 In hearing and determining an appeal, the Bard shall fllw the prcedure set ut in sectins 684 t 687 f the Act. 18.3 N appeal lies against a develpment permit fr a permitted use unless the bylaw was relaxed, varied, r misinterpreted. 18.4 In making its decisin, the Subdivisin and Develpment Appeal Bard is bund by the uses f land set ut in this bylaw, and shall have regard fr all ther parts f this bylaw and all statutry plans. 19. JUDICIAL REVIEW A decisin f the Subdivisin and Develpment Appeal Bard is final and binding n all persns subject nly t an appeal upn a questin f law r jurisdictin pursuant t sectin 688 f the Act. 20. CONTRAVENTION 20.1 If the Develpment Authrity finds that a develpment r use f land r buildings is nt in accrdance with: 20.1.1 the Act r Regulatins, r 20.1.2 a develpment permit r subdivisin apprval, r 20.1.3 this bylaw, he may prceed under sectins 541 t 556 and/r sectins 645 and 646 f the Act. 20.2 Cntraventin f this bylaw is an ffence and is subject t a fine nt mre than $500.00 under sectin 566 f the Act. 20.3 If a persn, knwing that a develpment permit is required, starts cnstructin befre btaining such a permit, the fee fr the develpment permit shall be dubled. 21. AMENDMENT 21.1 A persn may apply t have this bylaw amended by applying in writing, giving reasns in supprt f the applicatin, and paying the apprpriate fee. 21.2 An applicatin t change the district f any land may be initiated nly with the cnsent f the wner f that land, r by Cuncil. 21.3 An amendment t this bylaw must be cnsistent with the Act and Regulatins, the Municipal Develpment Plan, and any area structure plan that has been adpted by bylaw. 21.4 A prpsal t amend the bylaw must be advertised in the same way as a Ntice f Decisin as set ut in sectin 17. 10
22. FORMS AND FEES Frms and fees referred t in this bylaw shall be established by reslutin f Cuncil. 23. CONTINUATION OF CONTROLS A cnditin attached t a develpment permit issued under a frmer bylaw cntinues under this bylaw. 24. REQUIREMENTS OF OTHER AUTHORITIES 24.1 A develpment authrized under this bylaw is subject t prvincial and federal law, ther bylaws, statutry plans, intermunicipal agreements, and any easements, caveats, cvenants, and ther encumbrances n the title t the land in questin, whether r nt the develpment permit refers t these ther requirements. 24.2 Nthing in this bylaw remves the bligatin f a persn t btain ther permits, licences, r apprvals under ther legislatin. 25. LAND USE DISTRICTS AND REGULATIONS 25.1 In all districts, develpment is regulated as set ut in Schedule A. 25.2 Within individual districts, develpment is regulated as set ut in Schedule B. 25.3 The bundaries f land use districts are as set ut n the map frming Schedule C. 25.4 Schedules A, B, and C frm part f and have full frce in this bylaw. 25.5 Rads, lanes, and ther land t which n title has been issued are nt included in any land use district. 26. REPEAL OF EXISTING BYLAWS The fllwing bylaws are repealed: Bylaw 573-91 Bylaw 585-92 Bylaw 596-94 Bylaw 606-95 Bylaw 631-98 Bylaw 634-98 Bylaw 646-2000 Bylaw 651-01 Bylaw 666-03 READ a First time this 6 th day f July, A.D. 2004 READ a Secnd time this 7 th day f September, A.D. 2004 MAYOR TOWN MANAGER MAYOR TOWN MANAGER 11
READ a Third time this 5 th day f Octber, A.D. 2004 MAYOR TOWN MANAGER 12
SCHEDULE A GENERAL REGULATIONS 1. CONTAMINATED AND HAZARDOUS SITES If it appears t the Develpment Authrity that the site may be cntaminated as a result f a frmer use, r if the site appears t be hazardus in any way, the Develpment Authrity may require the applicant fr a develpment permit t supply evidence that the site is free f cntaminatin and suitable fr the prpsed use, and lacking such infrmatin, the Develpment Authrity may refuse the applicatin. 2. DESIGN, CONSTRUCTION, AND TREATMENT OF BUILDINGS The Develpment Authrity may refuse t issue a develpment permit fr a building if in his pinin the design, cnstructin, r treatment is incmpatible with the neighburing buildings. 3. DRIVE IN BUSINESSES 3.1 Lcatin: Despite their being listed as apprved uses in a land use district, drive in businesses are permitted nly where passing traffic will nt be impeded, and traffic entering and leaving the business will nt endanger pedestrians. 3.2 Curb cuts: Curb cuts shall be situated at a lcatin apprved by the Develpment Authrity, and n clser than 12 metres (40 feet) t the curb intersectin f tw streets. 3.3 Hard surfacing: All parts f the site t which vehicles have access shall be hard surfaced and drained t the satisfactin f the Develpment Authrity. 3.4 Parking and stacking: The lt shall be large enugh t accmmdate all necessary parking, and prvide rm fr vehicles awaiting service s that they d nt back up int the adjacent street. 3.5 Garbage cntrl: The site shall be prvided with adequate garbage receptacles, and shall be fenced t the satisfactin f the Develpment Authrity s garbage is prevented frm blwing ff the site. 3.6 Screening: If the site is adjacent t a residence, the Develpment Authrity may require that the site be screened t his satisfactin. 4. FENCES 4.1 In residential districts, n fence shall be higher than 1.75 metres (6 feet) in side and rear yards and n higher than 1 metres (3 feet) in frnt yards. 4.2 The height limits fr fences in frnt yards apply t any side f a lt facing r flanking a street. 4.3 The maximum fence heights allwed in this sectin d nt apply t swimming pls, which are gverned by the Alberta Building Cde. 4.4 Barbed wire may be used nly 4.4.1 fr fences surrunding land n which the grazing f livestck is a permitted r discretinary use, and 4.4.2 as the tp strands f a fence in a cmmercial r industrial district, and prvided the lwest strand f barbed wire is at least 1.75 metres (6 feet) abve grund level, and 4.4.3 where required by ther legislatin. 13
4.5 N electric fence shall be cnstructed except as an internal crss-fence n land n which grazing f livestck is a permitted r discretinary use. 4.6 A persn wishing t cnstruct a fence that des nt cmply with this sectin shall apply fr a Develpment Permit and the permit shall be advertised as a discretinary use. 5. GRADING OF LOTS 5.1 N land shall be filled r raised, and n grading r drainage shall be undertaken, affecting adjacent prperty, unless a develpment permit has been issued fr the wrk. 5.2 The Develpment Authrity may require that a develpment permit applicatin fr a new building shall include a lt grading and drainage plan. 5.3 Any lt grading and drainage must cmply with the municipality's engineering standards r, if n such standards have been adpted, with gd municipal engineering practice. 6. LIVESTOCK 6.1 N livestck ther than nrmal dmestic pets shall be kept in any district except UX r DC. 6.2 This sectin des nt apply t auctin marts, veterinary clinics, land ccupied by an agricultural sciety, r land wned by the municipality and rented t third parties fr farming purpses. 7. LOADING Where a business r a facility is likely t receive large quantities f gds, r frequent deliveries, the Develpment Authrity may require that an ff-street lading dck be prvided, adequate t accmmdate the expected traffic withut disrupting the flw f vehicles n adjacent streets, as set ut in Schedule D. 8. MOVED IN BUILDINGS 8.1 A persn wishing t mve an existing building n t a lt shall make an applicatin fr a develpment permit in the usual way and shall als prvide: 8.1.1 phtgraphs shwing all sides f the building; 8.1.2 a statement f the type f cnstructin, cnditin, and age f the building; and 8.1.3 a statement f prpsed imprvements with an estimate f csts. 8.2 The Develpment Authrity may inspect the building which is prpsed t be mved in, r have anther qualified persn d s, and in either case the expenses f such inspectin, including the inspectr's time, shall be paid by the applicant befre any develpment permit is issued. 8.3 The Develpment Authrity shall cnsider whether the building is cmpatible with the character f the neighburhd in which it is prpsed t be set, and may refuse a develpment permit if, in his pinin, the building is unsuitable. 8.4 The Develpment Authrity may issue a develpment permit subject t such cnditins as he believes necessary t bring the building up t a suitable standard within 12 mnths frm the date f issuance f the develpment permit. 8.5 This sectin des nt apply t new strage sheds, r t temprary buildings authrized under sectin 8.9 f the bylaw, r t new manufactured r mdular hmes being mved in t a district where they are a permitted r discretinary use. 14
9. OVERHANGS AND ENCROACHMENTS INTO YARDS 9.1 A deck which is attached t a main building, and which has a walking surface 30 cm (ne ft) r mre abve grade, is deemed t be a part f the main building, and is subject t the yard and setback requirements fr a main building set ut in Schedule B. 9.2 Structures attached t a building such as decks less than 30 cm (ne ft) abve grade, balcnies, bay windws, chimneys, eaves, pen steps, and sills may encrach int the yards required by Schedule B by the fllwing distances: 9.2.1 1.5 metres (5 feet) int yards and setbacks f 4 metres (13 feet) r mre, and 9.2.2 60 cm (2 feet) int yards and setbacks f 1.5 metres (5 feet) r mre. 9.3 Encrachments greater than thse set ut abve may be allwed by the Develpment Authrity but are deemed t be discretinary and thus appealable. 10. OVERHANGS AND ENCROACHMENTS INTO ROADS 10.1 N sign, building, r parking stall may encrach ver r nt a rad unless the persn respnsible fr the encraching bject 10.1.1 has signed an encrachment agreement with the municipality, and 10.1.2 where required by the municipality, maintains liability insurance f at least $1 millin and naming the municipality as c-insured. 10.2 This sectin des nt apply t fascia signs encraching less than 30 cm ver a rad. 10.3 In frnt f the vehicle drs f every garage there shall be a parking stall lcated entirely within the lt, as shwn n Figure 1. 11. PROHIBITED OBJECTS IN YARDS 11.1 In a residential district, n persn shall keep visible any wrecked r partially dismantled vehicle, r any bject which is unsightly r ffensive, in the pinin f the Develpment Authrity. 11.2 Radi and TV antennas, aerials, and dishes larger than 1 metre in diameter shall nt be lcated in a frnt yard f a residential district. 12. SERVICE STATIONS 12.1 The lt cntaining a service statin shall have a minimum area f 1,100 square metres (12,000 square feet) and shall have a frntage f at least 30 metres (100 feet). 12.2 Where a service statin is nt part f a larger cmmercial develpment such as a shpping centre, the buildings shall cver n mre than 15% f the area f the lt. 12.3 Fuel pumps and abve-grund fuel strage tanks shall be set back at least 9 metres (30 feet) frm the frnt and side prperty lines, but if this bylaw cntradicts the Alberta Building Cde, the Cde shall gvern. 12.4 A develpment permit fr a service statin des nt allw autbdy wrk, aut wrecking, r the sale f vehicles, unless this is specifically written in the develpment permit. 12.5 The requirements f sectin 3, Drive-in Businesses, als apply t service statins. 15
13. SIGNS 13.1 Exemptins N permit is required fr a sign which: is nt visible frm a public rad r park, r is erected by a gvernment r schl authrity, r cncerns an electin, r identifies the address r functin f a building r parcel n which the sign stands, r advertises a sale r event taking place that day, r ffers fr sale r rent the parcel n which it stands, r advertises a business r activity taking place n that parcel, r advertises a prduct, service, r cmmdity ffered fr sale r rent n that parcel, prvided the size, style, number, and lcatin f the sign meets the requirements f this bylaw. 13.2 A develpment permit is required fr all signs ther than thse listed abve. 13.3 Signs n Rads 13.3.1 N sign shall be placed n the right f way f a rad withut the apprval f the municipality. 13.3.2 Ntwithstanding sectins 13.2 and 13.3.1 abve, 13.3.2.1 temprary signs prtected by sectin 2(b) f the Cnstitutin Act, 1982 (Canada), and 13.3.2.2 signs advertising auctins and garage sales taking place that day, d nt require a develpment permit, and may be placed n a rad prvided that the signs 13.3.2.3 are nt a danger t public safety, and 13.3.2.4 are remved prmptly after the electin r event which is the subject f the sign, and these signs d nt require and encrachment agreement r insurance cver under sectin 10 f this schedule. 13.4 Signs Overhanging Rads 13.4.1 The Develpment Authrity shall require that a sign verhanging municipal prperty be cnstructed and maintained t such a standard that it is nt a hazard t peple, traffic, r prperty. Nte: Signs encraching ver a rad require an encrachment agreement and may require insurance under sectin 10 f this schedule. 16
13.5 Signs in Residential Districts In residential districts: 13.5.1 Signs shall nt exceed 1 square metre (10 square feet), r 3 square metres (32 square feet) n church prperty, and shall nt be illuminated, flurescent, r mving. 13.5.2 Signs advertising a hme ccupatin r hme ffice shall be attached t the wall f the building in which the ffice r ccupatin is carried n. 13.5.3 Signs advertising garage and auctin sales are permitted ne day befre and n the actual date f the sale. 13.5.4 Signs shall be in gd taste and cmpatible with the character f the neighburhd. 13.5.5 N mre than ne sign fr each f the purpses listed in sectin 13.1 shall be erected n a residential parcel, except where the parcel abuts tw r mre rads, a sign may be erected facing each rad. 13.5.6 Signs advertising cmmercial activities ff site are nt permitted. 13.6 Signs n Undevelped Land Adjacent t Highways 13.6.1 N advertising ther than 13.6.1.1 signs exempted by sectin 13.1, and 13.6.1.2 billbards as defined elsewhere in this bylaw shall be placed within 200 metres f Highways 21 and 53 in the UX district. 13.6.2. Billbards n each side f a highway in the UX district shall be separated by at least 200 metres. 13.6.3 Fr the purpses f this bylaw, vehicles r trailers parked fr mre that seven days n a private parcel adjacent t a highway, and bearing advertising material, are deemed t be signs but nt billbards. 13.7 Prtable Signs 13.7.1 A prtable sign is a sign which is nt permanently r securely attached t the grund r t a building, r which is intended t be mved frm place t place. 13.7.2 The Develpment Authrity must nt issue a develpment permit fr a prtable sign unless the sign is wned by 13.7.2.1 the wner r lessee f the land n which it stands, r 13.7.2.2 a persn hlding a current business licence. 13.7.3 N mre than ne prtable sign may be placed n a lt fr each 100 metres f frntage. 13.7.4 Prtable signs are nt permitted in residential districts. 13.7.5 Cuncil may by reslutin set an annual fee t be paid in respect f every prtable sign displayed in the municipality. 17
13.8 Aesthetics Signs shall be designed, cnstructed, and maintained s they are cmpatible with the quality f the neighburhd, and at the discretin f the Develpment Authrity. 13.9 Public Safety 13.9.1 A sign which is nt attached t a building shall be set back frm a rad r lane the same distance as if it were a building, unless the Develpment Authrity is satisfied that it will nt interfere with sight lines fr drivers. 13.9.2 Ntwithstanding any ther part f this bylaw, the Develpment Authrity may refuse t issue a develpment permit fr any sign which in his pinin wuld be a danger t traffic, prperty, r public safety. 13.9.3 If in the pinin f the Develpment Authrity a sign is a danger t traffic, prperty, r public safety, he may demand the immediate remval f the sign, and if he is unable t identify the persn respnsible fr the sign, he may enter under sectin 542(3) f the Act, and remve the sign. 13.10 Situatins Nt Cvered by This Bylaw Where this bylaw prvides n regulatins gverning the size, style, number, purpse, cntent, r lcatin f sign, a permit may be issued by the Develpment Authrity, but the use shall be deemed a discretinary use, and shall be advertised in the usual manner, and may be appealed t the Subdivisin and Develpment Appeal Bard, which may cnfirm, amend, r revke the permit. 14. UTILITY BUILDINGS AND EQUIPMENT The Develpment Authrity may waive r relax siting and yard regulatins where this is necessary fr the efficient peratin f a public utility system. 15. VISIBILITY AT CORNERS The Develpment Authrity may require the remval f any fence r vegetatin which in his pinin is a hazard t traffic because it bstructs visibility. 16. YARDS 16.1. Where a lt abuts tw r mre rads, the Develpment Authrity may require that frnt yard setbacks be bserved frm mre than ne rad. 16.2 Where land is likely t be re-subdivided in future, the Develpment Authrity may require that any new building be lcated as if the subdivisin was already in effect. 17. BED AND BREAKFAST OPERATIONS (Bylaw 705-2008) 1. Bed and Breakfast peratins must be run by the resident wners f the prperty. 2. A Bed and Breakfast peratin shall nt change the residential character and appearance f the building, and the Develpment Authrity may regulate signage and ther matters t that end. 3. A Bed and Breakfast peratin shall have n mre than three guest rms, and these rms must be lcated in the main building. 18
4. The nly meal prvided t the registered guests in a Bed and Breakfast peratin shall be breakfast, and n fd shall be prepared within the guest rms. 5. Breakfast shall nly be served t guests taking ldging in the facility. 6. One n-site stall is required fr each guest rm in additin t the parking required by Schedule D. 7. Bed and Breakfasts shall nt be permitted in triplexes, furplexes, rwhuses r apartment buildings. 19
SCHEDULE B REGULATIONS FOR LAND USE DISTRICTS 1. Lw Density Residential (R1) District 1.1. Purpse The purpse f the R1 district is t prvide land fr detached residences n individual, fully serviced lts. 1.2. Permitted Uses The fllwing uses are permitted: new detached residences mdular hmes, but excluding manufactured and mbile hmes granny suites hme ffices public parks and recreatin areas buildings and uses accessry t the abve. 1.3. Discretinary Uses The fllwing uses may be allwed at the discretin f the Develpment Authrity: mved-in residences, but excluding manufactured and mbile hmes churches grup hmes (up t six clients) hme businesses rental suites utility installatins buildings and uses accessry t the abve. Bed and Breakfasts (Bylaw 705-2008) 1.4. Number f Dwellings n a Lt Only ne dwelling shall be cnstructed n a lt, but this shall nt prevent the cnstructin and use f ne self-cntained suite within a main building. 1.5. Lt Size Requirements Lt area: All residential lts shall have an area f at least 557 m2 (6,000 square feet). Lts fr ther uses shall have an area satisfactry t the Develpment Authrity. Lt width: Residential lts which have lane r rad access t the rear yard shall have a mean width f at least 15.25 metres (50 feet). Residential lts which d nt have lane r rad access t the rear yard shall have a mean width f at least 18.3 metres (60 feet). Residential crner lts shall have a width f at least 17 metres (55 feet). 20
R1 Nn-rectangular residential lts shall have a frnt width f at least 10 metres (33 feet) Where versized lts are being re-subdivided, the required lt widths may be relaxed t accmmdate existing buildings. Lts fr ther uses shall have a width satisfactry t the Develpment Authrity. 1.6. Building Sizes 1.6.1. A dwelling shall nt exceed tw and a half streys abve grade. 1.6.2. A dwelling shall have a finished flr area f at least 93 square metres (1001 square feet). 1.6.3 N accessry building shall have a wall height exceeding 3 metres (10 feet). 1.7. Site Cverage Buildings shall cver n mre than 30% f the area f a residential lt. 1.8. Yards and Setbacks: Main Buildings Frnt yard: Buildings shall be set back at least 6 metres (20 feet) frm the frnt prperty line. Rear Yard: Side yard: Buildings shall be set back at least 6 metres (20 feet) frm the rear prperty line. Buildings shall be set back at least 3 metres (10 feet) frm the side prperty line f a flanking street, 3 metres (10 feet) n ne side f the lt where there is n rad r lane access t the rear yard, and 1.5 metres (5 feet) in all ther cases, but this shall be increased by 0.3 metres fr each 1 metre f building height abve 7.5 metres. 1.9. Yards and Setbacks: Accessry Buildings Frnt yard: Side yard: N accessry building shall be lcated in a frnt yard. Accessry buildings shall be set back at least 1 metre frm side prperty lines. N accessry building shall be lcated between a main building and a flanking street r lane. Rear yard Accessry buildings shall be set back at least 1 metre (3 feet) frm the rear prperty line. Despite the abve, garages may be lcated 1 metre (3 feet) r at least 6 metres (20 feet), but nt between 1 metre and 6 metres, frm a rear prperty line. A garage gaining direct access frm a flanking street shall be lcated at least 6 metres frm the flanking street. 21
R1 The vehicle drs f a garage shall be set back at least 6m frm the prperty line ppsite the vehicle drs. (Bylaw 707-2008) 1.10. Other Cntrls The requirements f Schedules A and D apply in this district. 1.11 Distances Between Buildings All accessry buildings shall be separated frm the main building by 3 metres (10 feet), r such greater distance as may be required by the Alberta Building Cde, whether n the same r a different lt. (Bylaw 704-2008) 22
R2 2. General Residential (R2) district 2.1 Purpse The purpse f the R2 district is t prvide land fr smaller detached huses and side-by-side duplexes. 2.2 Permitted Uses The fllwing uses are permitted: new detached residences mdular hmes, but excluding manufactured and mbile hmes duplex dwellings granny suites in detached huses hme ffices public parks and recreatin areas buildings and uses accessry t the abve. 2.3 Discretinary Uses The fllwing uses may be allwed at the discretin f the Develpment Authrity: mved-in residences manufactured hmes n mre than 15 years ld churches grup hmes hme businesses rental suites utility installatins buildings and uses accessry t the abve. Bed and Breakfasts (Bylaw 705-2008) 2.4 Number f Dwellings n a Lt Only ne dwelling shall be cnstructed n a lt, except that 2.4.1 a duplex may be built n a lt which is large enugh t be re-subdivided, and 2.4.2 ne self-cntained suite may be cnstructed and used within a detached huse. 2.5 Lt Size Requirements Detached huses: Duplexes: Nn-residential uses: A lt fr a detached huse shall have an area f at least 445 square metres (4,800 square feet), a mean width f at least 12.2 metres (40 feet), and a street frntage f at least 7.5 metres (25 feet). A subdivided lt fr ne side f a duplex shall have an area f at least 250 square metres (2,690 square feet), a mean width f 7.5 metres (25 feet), and a street frntage f at least 5 metres (16.5 feet). Lts fr nn-residential uses shall have an area and width satisfactry t the Develpment Authrity. 23
R2 2.6 Site Cverage Buildings shall cver n mre than 40% f the area f a residential lt. 2.7 Yards and Setbacks: Main Buildings Frnt yard: Rear yard: Side yard: Buildings shall be set back at least 6 metres (20 feet) frm the frnt prperty line. Buildings shall be set back at least 6 metres (20 feet) frm the rear prperty line. Buildings shall be set back at least 3 metres (10 feet) frm the side prperty line f a flanking street, 3 metres (10 feet) n ne side f the lt where there is n rad r lane access t the rear yard, and 1.5 metres in all ther cases, except that a duplex may be built straddling the side prperty line. 2.8 Yards and Setbacks: Accessry Buildings Frnt yard: Side yard: N accessry building shall be lcated in a frnt yard. Accessry buildings ther than garages shall be set back at least 1 metre frm side prperty lines. N accessry building shall be lcated between a main building and a flanking street r lane. A shared garage serving tw attached duplexes may be cnstructed straddling the prperty line prvided that there is a fireprf dividing wall at the prperty line. Rear yard Accessry buildings shall be set back at least 1 metres (3 feet) frm the rear prperty line. Despite the abve, garages may be lcated 1 metre (3 feet) r mre than 6 metres (20 feet), but nt between 1 metre and 6 metres, frm a rear prperty line. A garage gaining direct access frm a flanking street shall be lcated at least 6 metres frm the flanking street. The vehicle drs f a garage shall be set back at least 6m frm the prperty line ppsite the vehicle drs. (Bylaw 707-2008) 2.9 Building sizes A building shall nt exceed tw streys abve grade. An accessry building shall nt have a wall height exceeding 3 metres (10 feet) 24
R2 2.10 Subdivisin design A new subdivisin intended t be classified R2 shall cntain lanes serving every residential lt. 2.11 Other Cntrls The requirements f Schedules A and D apply in this district. 2.12 Distances Between Buildings All accessry buildings shall be separated frm the main building by 3 metres (10 feet), r such greater distance as may be required by the Alberta Building Cde, whether n the same r a different lt. (Bylaw 704-2008) 25
R3 3. Medium Density Residential (R3) district 3.1. Purpse The purpse f the R3 district is t prvide land fr medium density husing in the frm f twn husing, rw husing, and furplexes. Duplexes and detached huses are als allwed. This district des nt allw apartments r any type f husing with mre than tw flrs abve grade. 3.2 Permitted Uses The fllwing uses are permitted: new detached residences mdular hmes, but excluding manufactured and mbile hmes duplex, triplex, and furplex dwellings nt frming part f a cndminium rw husing nt frming part f a cndminium granny suites in detached huses hme ffices public parks and recreatin areas buildings and uses accessry t the abve. 3.3 Discretinary Uses The fllwing uses may be allwed at the discretin f the Develpment Authrity: mved-in residences manufactured hmes n mre than 15 years ld multiple unit husing registered as a cndminium churches day care facilities grup hmes hme businesses rental suites utility installatins buildings and uses accessry t the abve. Bed and Breakfasts (Bylaw 705-2008) 3.4 Number f Dwellings n a Lt Only ne detached dwelling shall be cnstructed n a lt, but this shall nt prevent the cnstructin and use f a single suite within a detached dwelling. 3.5 Lt Size Requirements Detached huses: Duplexes: Other residences: A lt fr a detached huse shall have an area f at least 445 square metres (4,800 square feet), a mean width f at least 12.2 metres (40 feet), and a street frntage f at least 7.5 metres (25 feet). A subdivided lt fr ne side f a duplex shall have an area f at least 250 m2 (2,690 square feet), a mean width f 7.5 metres (25 feet), and a street frntage f at least 5 metres (16.5 feet). A lt fr ther styles f residences shall be large enugh t accmmdate the prpsed buildings with the required yards, site cverage, setbacks, parking, and landscaping. 26