HomeMy WebLinkAbout2001-08-07 Council MinutesAugust 7, 2001
KNEEHILL COUNTY
WAIVER OF NOTICE OF A SPECIAL MEETING OF COUNCIL CALLED
UNDER AUTHORITY OF SECTION 43(5) OF MUNICIPAL GOVERNMENT
ACT
We, the undersigned members of the council of Kneehill County, hereby waive notice of
a special meeting of council to be held in the council chambers of Kneehill County on
Tuesday, August 7 2001 commencing at 1 00 P M for the purpose of discussing and
acting upon the following item
1 Land Use Bylaw
SIGNED.
NAME
NAME
NAME
NAME
NAME
NAME
DATE
DATE
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DATE
DATE
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-a/
062
ol hoc
LAND USE BYLAW COMMITTEE MINUTES
August 7, 2001
A special meeting of Council was held in the Kneehill County office, 232 Main Street,
Three Hills, Alberta, on Tuesday, August 7, 2001, commencing at 1 00 P M
The following were present for the meeting
Reeve Otto Hoff Division Two
Deputy Reeve James M Hanger Division Five
Councillors Marylea Lowen
Division One
Marjorie Vetter
Division Four
Richard M Vickery
Division Six
Glen Wagstaff
Division Seven
Also present were the member at large of the Land Use Bylaw Committee
Raymond (Ted) Andrew
Hamlet Representative
Dale Cameron
Cow /Calf Representative
Charlie Christie
Pork Industry Representative
Vern Crawford
Poultry Representative
Keith Doerksen
Cattle Feedlot Representative
Malcolm McIlroy
Environmental Community
Representative
Ernie Medmg
Grain Industry Representative
Brian Petursson
Acreage Owner Representative
and the following Kneehill County staff-
Barb Reimer
John Ruslmg
Jennifer Deak
Mrs Deak recorded the minutes of the meeting
Kneehill County Development Officer
Planner
Kneehill County CAO
PRESENT
Mr Hoff called the meeting to order at 1 05 P M welcoming everyone to the meeting DECLARATION OF
Introductions were made and Mr Hoff advised those present that this was a special meeting SPECIAL
of Council called to review the recommendations from the Land Use Bylaw Committee MEETING
The following information was distributed to all present
Kneehill County Land Use Bylaw Draft Revised April 10, 2001
Kneehill County Land Use Bylaw Draft Revised by Committee August 7,
2001 the Committee's recommendations were inserted in bold print in this
draft)
Recommendations to the Land Use Bylaw Committee as Changes to the
Proposed Land Use Bylaw (containing 29 recommendations)
Livestock Allotted Per Acre Chart
Mr Hoff then requested Mr Vickery, the Chair of the Land Use Bylaw Committee, to chair
the meeting Mr Vickery then assumed the role of Chair requesting consensus with regard
to the method of review of the recommendations, the entire draft bylaw could be reviewed,
page by page, or, the twenty nine recommendations could be reviewed and referred to the
draft Land Use Bylaw Consensus was to take the latter approach and review the twenty
nine recommendations Mr Vickery then requested Mr Ruslmg and Ms Reimer to proceed
to review these recommendations with the Land Use Bylaw Committee members to
provide input and further elaborate on the reasoning behind these recommendations
Mr Rusling then proceeded to review the recommendations as follows with the following
comments noted
Recommendations of the Land Use Bylaw Committee
As changes to the Proposed Land Use Bylaw
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DISBURSEMENTS
LAND USE BYLAW COMMITTEE MINUTES
August 7, 2001
I Moved to recommend Section 20 [4(a)(i)J be changed to reflect a minimum site
area for Agricultural Conservation Distract (AC) lands to be 3 0 acres. Further REVIEW OF
moved, to recommend Section 21 14(a)(i)J be changed to reflect a minimum size RECOMMENDATI
area for Agricultural District (A) lands be 3 0 acres ONs
Mrs Vetter noted concerns that a three acre parcel may not be large enough for a
sewer system and water well containment.
2 Moved to include under Definitions, a definition of a "public use" (facility)
3 Moved to concur with Section 29, Recreation Distract, Section 51, Campgrounds
and Section 57, Recreation Trails, as drafted. Also recommended the Municipal
Planning Commission address the recreational trails concerns at such time a
development permit as taken out
4 Moved to concur with the Section 30, Industrial District
5 Moved to accept the Hamlet designations, as discussed
6 Moved approval of the Highway Commercial District and the Local Rural
Commercial District as presented
7 Recommend Section 42, Signs, subsection 5(b) be changed from 10 square feet to
16 square feet.
8 Recommend a provision be included to address "temporary signs" which includes
the following
- definition for a "temporary sign"
-size limit for a temporary sign limited to 32 square feet
- in the case of a real estate "temporary sign" a provision that the "temporary sign"
must be removed within 15 days of the real estate transaction pertaining to the sign
- electoral signs be exemptfrom the "temporary sign" definition
9. Recommend Section 50, Shelterbelts & Fences, subsection 1 be amended to
reflect a 8 ft. rather than a 6 ft. height limit and further the 35 ft. set back from
the right of way of all local roads be discretionary.
10 Recommend Section 53, auto Wreckage Site, be changed as follows
Section name be titled Auto and Equipment Wreckage Site.
- Subsection I (b) be changed to reflect a minimum area size of five acres
and include a maximum acreage size of ten acres
- Subsection 1(a) be changed from "should" to "must" be located at least
0.5 miles from any existing residence (except that of the owner) or any
highway
Noted subsection 1(a) should actually be changed from "must" to "should ", not
as the motion records it
11. Recommend Section 54, Bed and Breakfast Establishments, note the
establishment must operate within the Health guidelines and regulations
Further, the subsections an this section reiterating the provincial guidelines be
removed.
12 Recommend Section 56, Dugouts, be amended by the removal of " that are
primarily used for agricultural purpose "from the end of the second last sentence
an the section
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LAND USE BYLAW COMMITTEE MINUTES
August 7, 2001
13. Recommended to amend Sec 39 (2)(a) to allow the Country Residential District
to remain as a redesignation option REVIEW OF
RECOMMENDATI
The Committee members noted this recommendation makes it possible for Council ONs
to consider a Country Residential Designation on its merits and opens up
development on poorer quality lands, thus preventing urban sprawl on the better
agricultural lands (CLI 4 or better)
14 Recommended 3 0 -acres be the recommended maximum parcel size allowed in
the Country Residential District.
A discussion followed on the trend for cluster developments with a common area.
Mr Ruslmg advised there were two ways to accommodate such a development
create a new district, or have a Direct Control zoning (create the rules when you
know what the development is) It was noted the Direct Control zoning is good
when a development has a mix of housing and commercial It was noted in the case
of cluster developments with common areas there is a need for shared responsibility
and accountability The Committee noted it had not contemplated such a
development and was interested in exploring it further Mr Rusling noted this type
of development created a high density in a small area and emphasized the need to
ensure all planning aspects were addressed such as water, sewer, etc
15 It was also decided that Section 58 should be altered to only allow livestock on
parcels greater than 3 0 acres
Noted this was for farmstead separations, not Country Residential areas (CR limited
to 3 0 acres) There would be no livestock in CR districts Noted under section 31,
Country residential District, a subsection, 6(h) could be added stating no livestock
is permitted in this district
Also, under Section 58, Livestock Allotted Per Acre on Residential Parcels, and the
accompanying chart, be revised to 3 0 acres since the minimum on a farmstead
separation Is 3 0 acres
16 Recommend to remove the last five words under Section 49(5) that being, "and
the Code of Practice "
17. Recommend approval of the revised Livestock Allotted Per Acre chart.
18 Recommend subsection 7 in Section 49, Intensive Livestock Operations be
amended as follows
maintenance, reconstruction or dust abatement on any impacted roads be
removed from the last sentence and replaced with, "where the Development requires
a road or traffic infrastructure improvement to accommodate the development.
An additional sentence be added to subsection 7, stating, "An applicant for a
development permit may be required to provide dust control adjacent to existing
residences located on roads impacted by the development.
Committee recommended an additional change — the addition of the word "specifically"
so the sentence reads, "This may involve the applicant posting security with respect to
the development and paying for construction where the development requires a road or
traffic infrastructure improvements specifically to accommodate the development
19 Subsections 7 be removed from Section 49, Intensive Livestock Operations, and
relocated to Part III — Development Permit Application, Section 9, Deciding on
Development Permit Applications, as subsection 13
20 Recommend subsection 9 be removed from Section 49, Intensive Livestock
Operations, and be relocated to Part III — Development Permit Application,
Section 9, Deciding on Development Permit Applications, subsection 14
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LAND USE BYLAW COMMITTEE MINUTES
August 7, 2001
21 Recommend subsection 10b, in Section 49, Intensive Livestock Operations,
include the addition of the following, "These wells will be monitored by the
developer and/or an independent qualified professional."
Noted due to re numbering, this would be 8b
V1 VIFW Al
RECOMMENDATI
22 Recommend subsection 10c in Section 49, Intensive Livestock Operations, be ONs
revised to only address dead animals with the provisions pertaining to manure to
be included under subsection lOd
Noted due to re numbering, this would be 8c
23 Recommend subsection 10f in Section 49, Intensive Livestock Operations,
include inspection fees as well as consultant fees and the notation that a
municipality is responsible for its own incurred costs
Noted due to re numbering this would be 8f Also noted "a municipality" should
be replaced with "each jurisdiction" as this connotation was of a broader scope
24. Recommend subsection 14 in Section 49, Intensive Livestock Operations, be
replaced with the following, "All manure must be incorporated within 24 hours
of application Manure should not be spread within 500 feet of any residence
unless the written permission of the owner is obtained.
Recommended to combine section 11 and 12 as follows "This bylaw requires for
new operations /applications
a) That seven (7) months storage volume be provided for manure, wash water and
spillage
b) Manure shall not be spread on land within 500 feet of any residence unless the
written permission of the owner of the residences obtained
c) All manure shall be incorporated within 24 hours of application Injection of
liquid manure shall be encouraged
25 (Noted the committee's interpretation of this section was that the section applies
to all operators, notjust new operators)
Noted this clarification no longer applicable as above recommendation clearly
specifies manure spreading applies to all operators
26. Recommend subsection 15a in Section 49, Intensive Livestock Operations, be
changed by adding to the end of the sentence, " or provincial or municipal
parks "
27 Recommend subsection 15b in Section 49, Intensive Livestock Operations, be
removed in its entirety
Committee members discussed the Code of Practice being the limiting factor on the
size of an Intensive Livestock Operation (ILO) noting the Code requires land for
manure spreading, Minimum Distance Separation (MDS) water supply nutrient
management plans. All of these are limiting factors for the size of an ILO The
Code of Practice makes ILOs self regulating
Re maintenance of roads in development agreements — Committee members noted
roads are built to be used, Council needs to re look at this requirement,
maintenance and rebuilding are tax and assessment issues, there needs to be a re
balance
28 Recommend subsection 15c in Section 49, Intensive Livestock Operations, be
revised to include only the low numbers, that is, the maximum numbers be
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LAND USE BYLAW COMMITTEE MINUTES
August 7, 2001
removed.
Noted there was not a lot of variance between the County's cap and the Code of REVIEW OF
Practice the Code of Practice numbers are based on scientific research — Council's RECOMMENDATI
is not, the perception of Council imposing a maximum is not acceptable — the Code ONs
will determine maximums through its requirements (MDS water nutrient
management, etc )
29 Recommend subsection 1 Sb in Section 49, Intensive Livestock Operations,
stipulate the Code of Practice determines the size of an ILO
In addition to the above recommendations, Mr Ruslmg noted the following
recommendations also incorporated in the August 7, 2001 draft
Section 49, Subsection 14 Need for a New Permit
the first sentence revised to read, "Intensive Livestock Operations that have not been in
operation for a period of two years or more require a development permit prior to re
commencing operations if they do not conform to current standards These operations
will be inspected and if current standards are not met, a development permit is
required
Section 55 Dwelling per Lot
Revised to read, "The number of dwelling units permitted on a lot is one For lots 80 acres
or greater two dwelling units may be granted A second dwelling
Section 9, Deciding on a Development Permit Applications
Noted subsection 13 added to address the requirements of the Farm Statutes Amendment
Act Section 13 reads 'Applicants for development permits will acknowledge that in a
rural municipality, issues relating to dust, noise and odour will arise, and these issues
are part of living in a rural area Similar notices will also be published by the County
at regular intervals throughout the year and be included on compliance certificates
issued by the County."
A discussion followed on the possibility of having signs at mayor entrances to the
municipality stating Kneehill County supports agriculture
Mr Vern Crawford then addressed Council advising the Land Use Bylaw Review
Committee had met this morning to review their recommendations and would like to make
the following comments
what is going to happen to ILOs after January 1, 2002?
some thirtgs may need to be reviewed to accommodate future legislation
the Committee recommends a stakeholder review every three years
concern expressed about the lack of enforcement to ensure compliance
Ms Reimer then discussed the provisions in the Land Use Bylaw with regard to
compliance that being Sections 14 and 15 of the Bylaw The penalties of not taking out a
development permit were discussed and it was noted some municipalities fine the applicant
five times the value of the development permit should he commence a development prior to
receiving approval for his development permit
Mr Hanger thanked the Committee for their work and commitment to this Land Use Bylaw
review noting Council would further discuss these recommendations "in camera"
Clarification was requested regarding the "in camera' and it was noted no motions could be
made "in camera ", all Council meetings were open to the public, however, unless
recognized by the Chair no one could speak at these meetings
A recess was held from 3 20 P M until 3 40 P M
Mr Vickery advised Council particularly those members of Council that were not part of
LUBComm20010807 5
LAND USE BYLAW COMMITTEE MINUTES
August 7, 2001
the Land Use Bylaw Review Committee required time to read and absorb the
recommendations of the Committee Council would like to debate the recommendations
next week and then get back to the Committee with their comments and decisions
'rr On behalf of Council, Mr Vickery thanked the Committee for their input and feedback on
their recommendations The meeting was then declared adjourned — time 3 40 P M
%,, /�� `ter
ecor ng Secretary
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Table of Con
PART I PURPOSE & DEFINITIONS ..........................
1 Purpose .................... ............................... ........................
2 Definitions ........................................ ...............................
PART II ADMINISTRATIVE AGENCIES ........
3 Development Officer ... ............................... .....
4 Subdivision and Development Appeal Board ......
5 Municipal Planning Commission .........................
PART III DEVELOPMENT PERMIT APP T ATIQ ;
6. Control of Development .............. 1
7 Development Permit Not Required ......
8 Application for a Development Permit '` s
9 Deciding on Development F t AI4 ions . ....
10 Development Permits & 1146ii c
" 1RT IV APPEALS .............. .......... Zip ........ . ... .................................................................... .............................21
. ................ 21
............................................... ......................................................... .............................21
........ ............................................................................. ............................... 22
tS
.. ....................
.................................................................. ............................... 4
................................... ............................... 15
................. .............................................................. ............................... 15
......I .............................................................. ............................... 15
.........: :.......................................................................... ............................... 15
........N . ..................................................... ............................... 16
................................................. ............................... 16
......... ....... ................................................. ............................... 16
......................... 17
.................................... ............................... ...................... 17
.................................................................. ............................... 20
11 Appeal Procedure ; .
12 Appeal Hearing......
13 Decision .............. .`. .... ...
PART V ENFORCEMENT & 8UMl
14 Orders of Compliance
15 Enforcement........
16. Amendments to the Bylaw
17 Land Use Bylaw No 1061
t
.................................................................. ............................... 23
t.... ..................... ........................................................ ............................... 23
...................... ................................................................................ ............................... 23
............... ............................... .............................................................. ............................... 24
.................................................................................................................... ............................... 24
PARTVI LAND USE DISTRI ........................................................................... ............................... . 25
18
Districts.......
19
District Boundaries ................... ............................... ....................... ................................................................ .............................25
20
AC — Agricultural Conservation District ...................... ............... ..................................................................... ...............................
27
21
A — Agricultural District ....................................................................................................................................... ...............................
29
22.
HR — Hamlet Residential District ........................................................................................................................ ...............................
31
23
HC — Hamlet Commercial District ...................................................................................... ............................... . ...............................
33
24
HI — Hamlet Industrial District ............................................................................................................................. ...............................
35
25
HMHP — Hamlet Mobile Home Park District ........................................................................................................ .............................37
26.
HG — Hamlet General District ............................................................................................................................. ...............................
39
27
C — HWY — Highway Commercial District .......................................................................................................... ...............................
40
28
LRC — Local Rural Commercial Distnct .......................... ............................... ............................................... ...............................
42
29
R — Recreation District . ............................. ............................... ......................................................................... ...............................
44
30
1— Industrial District .............................................................................................................................................. ...............................
46
31
CR — Country Residential District ......................................................................................................................... ...............................
48
PART VII — GENERAL LAND USE REGULATIONS .................................................................................... .............................51
32 Floodplam Development ...................... ............................... .............................................................................. ............................... 51
33 Development Near Water .................................................................................................................................... ............................... 51
34.
35
36.
37
38.
39
40
41
42
43
44
45
46.
47
48.
49
50
51
52
53
54
55
56
57
58
Non - Conforming Buildings & Uses .................................................................................................................. ............................... 51
RuralBusiness Occupations .............................................................................................................................. ............................... 52
Relocation of Buildings ................................ ............................... ..........
Drainage............................................................... ...............................
Agricultural Land ................................... ...............................
..
Rural Subdivision and Development Policies .......................
Highway Commercial Development ...... ...............................
Topographic Features .............................................................
Signs........................................
�....fi ..
...............................
....
Parking.................................. ...............................
..� , ....
Objects Prohibited or Restricted in Yards ...........................
......... I ....... ?
Site Devel opment .................................................. .t..........
4k
......
MobileHomes ....................... ............................ ..........
..... ........ ..
Mobile Home Parks .............. ............................... .........
............. ..
Hamlet Development ............. ............................... .........
...............
....................................................... ............................... 53
......................................................... ............................... 53
r :....................................................... ............................... 53
....................................................... ............................... 55
........................................................ ............................... 58
........................................................ ............................... 59
59
Intensive Livestock Operations ............................ . ......... ........... '............................................................... ...............................
Shelterbelts& Fences .................JIM ... . ........ ....... ............................................................ ...............................
Campgrounds... .............................. �:,.............. ......................................................... ............................... 1
Local Rural Commercial Develop ........ ... ............................... ................. ............................... 1
Auto and Equipment Wreckage Site .. € .. � ............... , . .......... ............................... ................. ...........................1
Bed and Breakfast Establishmentsv
Dwelling Units per Lot ...
Dugouts ............. .................................. FA
............ .......... ............................. ....................... ...............................
Recreational Trails........... ............................................................................ ............................... f
Livestock Allotted per Acre on Resid'Atial Parcels (10 Ares or less) ............... ............................................... ...............................
PART VIII — LAND USE MAPS ............................................................................... ...............................
:0
Part I - Purpose
1 Purpose
The purpose of this Bylaw is to regulate
buildings within the municipality to ack
2. Definitions
In this Bylaw
"Act" means the
Purpose & Definitions Part I
and development of land and
nomic development.
"Accessory Building" or "accessory use" mean` "s a building or use which in the opinion of the
Development Officer 1 sub a h" or i cid�Mal'to the principal building or use located on the
same site
AV
Agricultural Operation" rn agricultural activity conducted on agricultural land for gain
or reward or in the hope or expectation of gain or reward, and includes
(i) the cultiatiori'of.Iand',
(ii) the raising o Hivestock including game production animals within the meaning of 11-
the Live tock`Industry Diversification Act and poultry
(iii) the rats '' g cif fur bearing animals, pheasants or fish,
(iv) the pro "eton of agricultural field crops,
(v) the pr „a °ction of fruit vegetables sod trees shrubs and other specialty
horticultural crops,
(vi) the production of eggs and milk,
(vii) the production of honey,
(viii) the operation of agricultural machinery and equipment, including irrigation pumps,
and
(ix) the application of fertilizers, manure, insecticides, pesticides, fungicides and
herbicides, including application by ground and aerial spraying for agricultural
purposes
"Airport" means an area of land or water, including the frozen surface thereof or other
supporting surfaces used or intended to be used either in whole or in part for the arrival and
departure or servicing of aircraft and includes any building installation or equipment in
connection therewith for which an airport license has been issued by Transport Canada
"Animal Wastes" means poultry or livestock excreta and associated feed losses, bedding, waste
water and other production by- products
"Average Working Capacity" means the average occupy of the livestock facility on a year -
round basis:
"Area Structure Plan" means a statutory plan prov#nIf, a framework for subsequent subdivision
and development of an area. „F
"Basement" means that portion of a building w cht is partly underground but which has two feet
of its height from finished floor to fimshe gw eilii ovehe adjacent finished grade
"Beekeeping" means the coming, d pro ctio of"natural honey
a
"Better Agricultural Land" m&,411 Can, Land Invenrary Capability for Agriculture
classifications 1 to 4 The L I� xating is' sec to corti`irmation from site inspection, land
assessment records or other et ed'soil investigations
"Boarding or Lodging Howe" moans a building where meals are served for remuneration or
rooms are rented to throe or more persons including the occupant and his immediate family,
but does not include a hotel, hotel, irestiturant, cafe, coffee shop, drive m refreshment stand or
other similar use
"Building" includes any thing constructed or placed on in over or under land but does not
include a primary highway qr a,,public roadway or a bridge that forms part of a highway or road
"Campground" means a *'creational development for the purpose of providing temporary
accommodation for relational vehicles or tents A campground is not construed to mean a
gijl
development for the p ,brpose of accommodating long term or permanent occupancy by
recreational vehicles or mobile homes Temporary is defined as accommodation for a period of
less than thirty (30) days.
"Catch Basin" means any excavated, dike or walled structure or combination of structures
designed to intercept and temporarily store run -off water contaminated by animal manure,
washwater, or associated wastes
"Corner Parcel" means a parcel having frontage on two or more streets at their intersection
"Council" means the Council of Kneehill County
"Country Recreational Lodge" means a country recreational centre which provides for the short
term or occasional lodging and boarding of patrons and may include a guest ranch or similar
development with a central services building with or without guest cottages and including
accessory facilities or other services operated incidentally only as a service to the prime or
principal use and intended for patrons of the recreational development, but excluding
campgrounds, motels, hotels, or the use of lodging facilities, r permanent habitation or residence
other than caretaker purposes f
"Country Residential" means a dwelling or mo
principally for private residential purposes wrthii
"Development" means an excavation, bL
or a change in the intensity of use of land
Act
"Development Officer" means
Bylaw and/or a municipal plane
"Development Permit"
"Discretionary Us(
of the Development
"Duplex Dwellmg"
situated on a parcel of land used
vise rural area
drtn to, change of use of land or a building,
as specified in the Municipal Government
any
officer established in Section 2 of this
issued under this Bylaw
permit may be issued at the discretion
containing two dwelling units
"Dwelling" means a residential building containing one dwelling unit and supported on a
permanent foundation, ncluding modular or pre fabricated houses but not including mobile
homes of any kind, whi ther tanding on a permanent foundation or on wheels hacks blocks or
other temporary found"'
" DwelLng Unit" mearWk or a self - contained portion of a building for the residential use
of one or more peopliXing as a single housekeeping unit and containing complete sleeping
cooking and toilet facilities, and intended as a permanent residence with direct access to the
outside
"Earthen Storage" means a structure constructed primarily of soil materials serving as a
continuous liquid manure storage for livestock facilities
"Easement" means the right to use land generally for access to other property or as a right of -way
for a public utility
"Existing" means existing as of the date of adoption of this Bylaw
"Extensive Agriculture" means systems of tillage and animal husbandry of large areas of land by
the raising of crops or the rearing of livestock either separately or in conjunction with one another
and includes buildings and other structures incidental to the operation
"Farming" means the use of land or buildings for the r,
but does not include for the purposes of this bylaw such
intensive livestock operations beekeeping livestock sal
landscape gardening
"Farm Building" means a building used for
"Farm Residence" means a dwelling or
(6) months of the year in an agricultural
"Farmstead Separation" means the
of land for an existing dwelling o
associated with a farm operation
"Farm Subsidiary
employees and subs
"Feedlot" means an enclose
livestock in confinement for
"Fence" means a
wood, plastic, or 1
"First Parcel Out" n
It is not necessary for
S
or production of crops or livestock
ilized uses as commercial feedlots,
ds, sod farms, plant nurseries or
including farm residences
ied by a person engaged at least six
ivision Approving Authority of a parcel
i improvements which normally are
n,r business employing no more than two
is the main use of the same parcel of land
without ancillary buildings, for feeding
but not including the raising of livestock
constructed out of typical building material (wire,
visual or unauthorized access or both
st parcel to be subdivided from an unsubdivided quarter section
residence to be located on the site
"Flood Plain" means Wd calculated or determined by Alberta Environment to be located within
the 1 100 year flood A area of a watercourse
"Floor Area" means the total floor area of every room and passageway contained in a building,
not including the floor areas of basements attached garages sheds open porches, patios, open
decks, verandas or breezeways
"Front Line" means the shortest parcel boundary abutting a street
"Golf Course" means the a golf playing area and ancillary buildings and uses related to the
playing of the game of golf, including, for example, pro shop, club house, restaurant, licensed
dining area, lounge, driving range and picnic area
"Grazing Area" means a pasture or rangeland where livestock are primarily sustained by feed
growing on the land
Greenhouse" means a building designed and used for the growing of vegetables, flowers and
other plants for transplanting or for sale
"Groundwater" means all water under the surface of
"Group Care Facility" means a facility which
to the proprietor These individuals are handic�
rehabilitation and are provided services to meet
"Height" means when used with refer
a horizontal plane through grade level
(a)
the highest point
(b)
the average level
(c)
the highest point
"Hotel" or "Motor
ancillary services pr
"Industrial Park"
industrial purposes
"Intensive
"Intensive Livestock
densities outlined by E
confinement or winter
or
ncO to a
ui a hoi
oQf n tt
eM e.
;ase of a
.1 dirng u,
suites o:
g
lent of f
facility
services to individuals unrelated
or disabled or undergoing
structure, the vertical distance between
e through
building with a flat roof or a deck roof
mansard, or hipped roof
primarily for sleeping accommodations and
ems which may contain bar/kitchen facilities
or more contiguous parcels of land for
ttion" means the concentrated rearing or confinement of livestock at
Agriculture Food and Rural Development but does not include the
livestock in a farming operation
"Intensive Vegetative Operation" means a system of tillage for the concentrated raising of
specialty crops including, but not limited to tree farms, greenhouses, plant nurseries, sod farms,
and similar uses
"Kennel" means any place where three or more dogs and/or cats over six months of age are
maintained, boarded, bred, trained, or cared for remuneration or sale
"Lane" means a public roadway usually less than 10 metres (32 8 ft ) wide providing secondary
access to one or more parcels
"Livestock" means cattle, horses sheep goats swine or domestic fowl and other types of animals
reared for commercial purposes
"Livestock Facility" means buildings, shelters fences, corrals or other structures which confine
or would be capable of confining livestock for feeding and rearing purposes
(a) For the purposes of determining the requirement for a development permit and
applying the standards of the land use bylawn intensive livestock facility is
defined as follows
1 Any feedlot or covered facil � f�gnificant investment or permanence
capable of confining the miinum number of livestock set out in the table
below for growing or finmgfor market
TABLE 1 INTENSIVE LIVEftOCI OPERA ONS— MINIMUM SIZE
Livestock Type T < ,ild Livestock Type (Threshold
Number Number
Beef Finishers (90,3131 lbs. `
30
Beef Feeders (450-000)6s.) 1
400("
-, Horses
(feedlot)
100
Feeder Cows"
` " 200F
Poultry
broilers
920 m
Feeder Cafe"
40(1.
Poult
breeders
500
Dairy C( vs (" 'ilk).
All; "'
Poult
layers)
5000
Swine (farrow -fimslt )-,
X30 ; `
Poult
(turke broilers
3000
Swine (irrow= '°eat -
0`r
Feeder Lambs
600
Swine (eders " nl „'
=300
Goats (Dairy)
100
Swine Nteaners�'
, 500
Other
Discretionary
2
zsed at a density of more than 1 livestock manure unit per
ft2) in open confinement
3 Qnfinement Time Interval
t_Continuous confinement of at least 90 days
The following are not considered an intensive livestock facility for the purpose of
this Bylaw
• Where livestock is confined for branding sorting herd health management and
market delivery with confinement not exceeding 30 consecutive days, or
• Livestock in intensive grazing management systems
(b) Livestock Manure Unit — The manure equivalent produced by a 450 kg (990 lb )
beef animal for a 1 year period A convention used to compare relative manure
production between species
9
(c) Livestock Siting Unit (LSU) — A means of comparing the odour potential of
livestock facilities based on livestock type, manure production and manure
handling system The Livestock Siting Unit i� the basis for the Minimum Distance
Separation (MDS) method
(d) Manure Storage Facility — A
tank, or area with or without a
prior to the manure being used
mobile equipment used for trai
(e) Seasonal Livestock Feed
and sheltered Animals at
feeding F z
"Main Building"
which it is erected
"Minimum Distance
livestock facility (sou
nuisances The LSU i
"Mobile Home"
occupancy constructe
the site is, apart from i
connection to utilities,
Z240
"Mobile Home'
towed in a single
;rvoir, catch basin, earthen storage,
,rm for containing livestock manure
It does not include a vehicle or any
disposal of livestock manure
An oerwmtermg area where animals are fed
e pmarily sustained by supplemental
is inducted the main or principal use of the site on
.back or buffer established between an intensive
(receptors) to minimize odour and other
separation recommendations
a trat spgrtable single family dwelling unit suitable for long term
on &petnanent steel beam designed to be transported and upon arrival at
,ide4tal erations such as placement on foundation supports and
- ad'for occupancy Mobile homes are constructed to CSA Standards
means a mobile home consisting of a single unit designed to be
"Mobile Home Double - wide" means a mobile home consisting of two sections separately
towable but designed to be joined together at the site to form one dwelling unit
"Mobile Home Park" means a parcel of land under one title which has been planned, divided into
mobile home lots and improved for placement of mobile homes for permanent residential use
"Mobile Home Subdivision" means an area subdivided by registered plan containing lots for
free hold or leasehold tenure
"Modular Unit" means a prefabricated or factory built frame or shell which comprises the wall or
siding of a proposed dwelling. More specifically, a modular unit represents only a section of the
dwelling and such a unit has neither chassis, running gear nor its own wheels but units may be
10
stacked side -by side or vertically, and completed to form one or more complete dwellin
for year -round occupancy Modular Units are constructed to:CSA Standards A277
"Municipal Development Plan" a statutory plan which
development and use of land in the municipality
"Municipal Planning Commission" means the
pursuant to the Municipal Government Act "
"Municipality" means Kneehill County
"Natural Resource Extractive
sand, gravel, limestone, coal, pe
into a raw marketable form
"Non conforming
construction at the c
the requirements of
"Non conforming Us
to be made of a buildn
which does not or will
"One- family Dwe
semi- detached one
"Parcel" means the
described in a certifi
9
a
policies for the future
Planning Commission appoi
tion of natural resources such as clay
and may include primary treatment
ll` constructed or lawfully under
and which does not or will not comply with
,cific use being made of land or a building or intended
struction at the date this Bylaw becomes effective, and
requirements of this Bylaw
containing one dwelling unit, but does not include
ite of one or more areas of land described in a certificate of title or
title by reference to a plan filed or registered in a land titles office
"Permitted Use" means the use of land or of a building which is listed in the column captioned,
"Permitted Uses" in the lists of Permitted and Discretionary Uses appearing in this Bylaw and for
which when it meets the applicable provisions of this Bylaw, a Development Permit shall be
issued
"Primary Highway" means a primary highway designated by Ministerial Order pursuant to the
Public Highways Development Act
"Principal Use" the main purpose for which a parcel is used
"Private Schools" means an educational facility regulated and approved by the Minister of
Education and is classified as a Category 1, 2 or 3 facility under the Private School Regulations
pursuant to the Development of Education Act
11
"Public Schools" means an educational facility regulated and administered by the Golden
Regional Division No 15
"Public or Quasi - public Building Facilities and Insta
building which is used by the public for the purpose or
enlightenment or for a communal activity, but does;i3O"
entertainment for which an admission fee is cust mct any
building as defined in the Municipal Governme = Ain
�v
maintains its office or offices and/or maintains o house;
the public utility
"Public Use" means a facility or site
instruction, culture, communi n
"Recreational Area" means an
Activities may include,
country skiing, and rid
"Retail Store" means
reasonably sufficient c
"Rural Business Occ4atii
occupant of a residential but
building, and which doers no
or have any exterior evidenc
exceeding 2 sq ft to size v
"Screening" means a
separation of sites
of land used by
,ns" includes a church or any
bly, instruction, culture or
le a school or place of public
ged In addition, it includes a
;h the proprietor of a public u
equipment used in connectto
a public agency for purposes
for recreational purposes
cycling, horseback riding,
snowmobiles
ltse is offered for retail sale and is stored
retail needs
is any occupation trade profession or craft carried on oy an
Farm residence as a use secondary to the residential use of the
the residential nature of the building nor the neighbourhood
i secondary use other than a small name plate Signs
require a separate permit
wall, berm, hedge or other barrier providing visual and /or acoustic
"Seasonal Livestock Feeding Site" means an overwtntertng area where mature breeding animals
and their unweaned young are fed and sheltered Animals at such sites are primarily sustained by
supplemental feeding
"Sena- detached One - family Dwelling" means a building comprised of two one family dwellings
horizontally attached by a common party wall Dwellings of this type are often called side by side
duplex
"Sign" means any word letter model, picture, symbol, device or representation used as or which
is in the nature of, wholly or to part, an advertisement, announcement or direction Any structure,
or portion thereof, which is used primarily to carry hold maintain support or sustain a sign is
construed as being part of the sign, and except as hereinafter provided, is subject to all regulations
governing signs Without restricting the generality of the foregoing, a sign includes posters,
12
notices panels, boarding and banners, but does not include signs less than 32 square feet in size
erected for a short period of time, including realtor for sale signs, and election and polling
station signs Real estate signs must be removed within M days of the transaction.
(a)
"Area of Sign" means the total
sign, and in the case of a sign c(
calculated as the area of a rectal
structural members not bearing
computation of surface area.,
(b)
"Billboard" means a struc re
display of general advertisg, t
to the use or ownership of to p
(c)
"Fascia Sign" me a signpla
that no part projects r�ore than
(d)
"Freestanding Sign" in a
to the around: and which is riot <
(e) "Projecting Sigii" means a
part of die sign projects moj
a Within the outer periphery of the said
individual letters or symbols shall be
ng the letters or symbols Frames and
matter shall not be included in
narily .elf supporting, which is used for the
ujectatter of which is not necessarily related
'rty o which the structure is located,
flat an parallel to the face of the building so
foot from the building
1 on a standard or column permanently attached
iected "in any way to any building or other
hich is attached to a building or structure so that
one foot from the face of the building or
(f) "Roof Sign" earis nysign placed on or over a roof
"Site" means
(a) a quartet section, or
(b) a river lit or settlement lot shown on an official plan referred to in Section 32 of the
Survey,,fAcsthat is filed or lodged in the Land Titles Office, or
(c) apart ofarcel where the boundaries of the parcel are separately described in a
Certiftcate of Title other than by reference to a legal subdivision or
(d) a part of a parcel where the boundaries of the part are described in a Certificate of
Title by reference to a plan of subdivision
"Subdivision and Development Appeal Board" means a subdivision and development appeal
board appointed pursuant to the Municipal Government Act
"Temporary" means a period of time up to 1 year, unless otherwise specified
"Unsubdivided Quarter Section" means a titled area of 160 acres (64 7 hectares) more or less
but excluding previous subdivision for road widening, school sites and other public and quasi -
public uses
"Utility" means any one or more of the following
13
r
L
(a) systems for the distribution of gas, whether artificial or natural,
(b) facilities for the storage, transmission, treatment, distribution or sl
(c) facilities for the collection treatment, movement, or disposal of s,
(d) storm sewer drainage facilities,
(e) systems for electrical distribution and 1` U ng;
(f) systems for telephone & Cable TV r tion,
"Watercourse" means the bed and shore of a
other natural body of water or a canal ditch i
contains or conveys water continuously o , ntf
"Yard" means a part of a parcel upon or
"Yard — Front" means that pa
between the main building and
"Yard — Rear" n
between the main
"Yard — Side" means
the main building and
All other words and
the Subdivision and
they are given their
lake, creek, lagoon,
ier man made featur
no ram building is erected
the full width of a p
across the full width of a parcel, which is
is between the front and rear yards and between
same as they do in the Municipal Government Act, or
.elation Where words and phrases are not defined,
v definitions
14
Part I1- Administrat
3 Development Officer
(1) The Office of the Development Officer
or persons appointed by Council
(2) The Development Officer Shall
(a) receive, consider
be
Administrative Agencies Part II
and shall be filled by a person
for a development permit
n for comments to those authorities
of the public during office hours, a copy of
to and ensure that copies of same are available
fications for development including the decisions thereon
e, and all orders for a minimum period of seven (7) years
Board
The Subdivision and Ubvelopment Appeal Board established by Bylaw of the municipality of
Kneehill County shall form all duties so specified in that Bylaw
S Municipal Planning Commission
The Municipal Planning Commission established by Bylaw of the municipality of Kneehill
County shall perform all duties as specified in that Bylaw
15
6.
J
Development Permit Application Part III
Part III _ Development Permit Application
Control of Development
No development other than that designated in Section, shalf b undertaken within the
municipality unless an application for it has been app y ved and a velopment permit has been
issued L
Development Permit Not Required
(1) The carrying out of we &s o` ; amtenar ce or repair to any building provided that such
works do not include structural alterations or n aior worksMIenovation
(2) The erec n or c*tru o f gated fees walls or other means of enclosure (other than
on corner (fits or w re mg ong'a roa�uscd y vehicular traffic) less than 3 ft m height KU in front yards and is t ft inside ar" "rear yards, and the maintenance, improvement
and other alterations =of. y tes fences or walls or other means of enclosure (applies
only to halets) z
(3) The completion oa binding which would be prohibited by this Bylaw but was lawfully
begun on 4 before th date of the first official notice of this Bylaw provided the building
(a) 1 competed within 12 months of the notice, and
(b) complies with any development permit issued for it
(4) The use of a building referenced in subsection (3) for the purpose for which construction
was started
(5) A temporary building the sole purpose of which is incidental to the erection or alteration
of a building for which a permit was issued under this Bylaw
(6) The maintenance or repair of public works, services or utilities carried out by a federal,
provincial or municipal government
(7) The construction, maintenance and repair of private walkways, pathways, driveways and
similar works Approval from the County is required for access onto a municipal road
(8) The use of a building or part thereof as a temporary polling station for a Federal,
Provincial, or Municipal election referendum or plebiscite
(9) Those signs described in Section 42 as not requiring a development permit
(10) Those developments listed in the Municipal Government Act as exempt from Part 17 and
the regulations
16
8.
N
9
N
Application for a Development Permit
(1) For the purpose of administering this Land Use By law
prepare such forms and notices as he or she may deem
(2) Any such forms or notices are deemed to r
By law in the execution of the purpose for
issued
(3) An application for a c
shall be accompanied
(i)
(h)
(iii)
(IV)
(v)
(vi)
(vii)
to
and effect of
iesianed aut]
Developme:
commencement and completion dates,
estimated cost of the project or contract price,
the development permit fee as established by Council
(4) The Development Officer may require additional copies of the application or of plans and
specifications as well as such additional information (such as ground water and soil
studies) as the Development Officer may deem necessary
Deciding on Development Permit Applications
(1) The Development Officer shall
(a)
(b)
(c)
(d)
receive, consider and decide on an application for a development permit for those
uses listed as a permitted use for the relevant land use district and comply with the
minimum standards for that district,
refer, at his or her discretion, any permit application for comments to those
authorities whose interest or jurisdiction may be affected
refer with his or her recommendations, to the Municipal Planning Commission for
its consideration and decision applications for a development permit for tho
which constitute discretionary uses,
refer to the Municipal Planning Commission at his or her discretion any app
which in his or her opinion should be decided by the Commission
(2) The Municipal Planning Commission shall
(a) decide on applications for a development permit for those uses listed as
discretionary uses for the relevant district,
(b) approve the application unconditionally or arise conditions considered
appropriate permanently or for a limited penbd of time or refuse the application
3 The Municipal Planning Commission�na a 'love an a l cation for a development
() p g Y ply PP �. p
permit where the proposed developm4t does not comply with the required front, side, rear
and/or floor area of an district in this law "`
y y ,rs anon co iformmg building if in the
opinion of the MumcipakP mng Coin mission. NA
(a) The
not
(1= unduly inter re wit# the ' em es of the neighbourhood, or
;,.
(ii materially irirfere with f%ct the use enjoyment or value of
neigliboun garceTs of ,and the the
does not exceed 75% of the
fronts side, re* yarg and/or floor area requirements in any district prior to
Jant,ary 1: 190:
(b) Th: proposed development conforms with the use prescribed for that land or
building #f this Bylaw
(4) Where thy proposed use is not listed in a land use district, the Development Officer or the
Municipal Planning Commission may consider it to be so listed if, in their opinion, it is
sufficiently similar in character and purpose to a listed use
(5) The Municipal Planning Commission may require, as a condition of issuing a development
permit, the applicant to enter into an agreement to construct or pay for the construction of
public roadways or parking facilities to install or pay for the installation of utilities and/or
to pay an off site levy imposed by Bylaw This may involve the applicant posting
security with respect to the development and paying for construction, where the
development requires a road or traffic infrastructure improvement to accommodate
the development The applicant for a development permit may be required to
provide dust control adjacent to existing residences located on roads impacted by the
development The Municipal Planning Commission may require that commercial
vehicular traffic be limited to certain roads when gaining access to and from a site
(6) If a development permit application is refused, the Development Officer need not accept
another application for the same or similar use on the same parcel for six months after the
date of refusal
(7) If a decision is not made on a development permit application within 40 days after its
receipt by the Development Officer, the applicant may deem it to be refused at the end of
the 40 day period, unless the applicant for a development permit enters into an agreement
with the Development Officer to extend the 40 day period The 40 day time period begins
when the application is deemed complete by the Development Officer
18
3
(8) The Development Officer or Municipal Planning Commission may issue a temporary
Development Permit, for a period not exceeding one year
(9) Where the Municipality is requested to provide comments ' a Veal Property Report with
respect to legally established or non conforming develo pmnt, the Development Officer
may at his or her discretion A
(a) grant a relaxation of developn
development permit where no
1985,
(b) grant a relaxation of a previo
approved setback
(c)
tional
up t 40% without the issuance of a
ssued for development prior to
permit by 15% of the
for reasons of safety
(10) The Deve pment E�_ ffid 6 the M mcip nnmg Commission may by notice in writing
suspend a evelop ent 1?ei nit where de%lopment has occurred in contravention to the
terms of the permit. and /or LOnd 6P Bylaw
(11) Where the Mumciphlity is requested to provide comments on a Real Property Report with
respect to legally established or non conforming development, the Development Officer
may at his'pr her`discretion
(a) grafftt relaxation of development standards by up to 40% without the issuance of
development permit where no permit has been issued for development prior to
1985,
(b) grant a relaxation of a previously approved development permit by 15% of the
approved setback,
(c) otherwise require the issuance of a development permit for reasons of safety
hazard or general public concern, or additional relaxation
(12) The Municipal Planning Commission may approve an application for a development
permit notwithstanding that the proposed development does not comply with this Bylaw or
is a non conforming building if, in the opinion of the Municipal Planning Commission
(a) the proposed development would not
(i) unduly interfere with the amenities of the neighborhood, or
(n) materially interfere with or affect the use enjoyment or value of
neighboring parcels of land, and
(b) the proposed development conforms with the use prescribed for that land or
building in this Bylaw
(13) Applicants for development permits will acknowledge that in a rural municipality issues
related to dust, noise, and odour will arise, and these issues are part of living in a rural area.
19
Similar notices will also be published by the County at regular intervals throughout the
year and be included on compliance certificates issued by the County
10 Development Permits & Notices
(1) The development permit granted pursuant to
days after the date an order, decision or deve
in Section 10(3) of this Bylaw and any, devel
prior to the expiry of this period is dock sole
(2) Where an appeal is made
not come into effect unw
or nullified thereby h k
(3) When a p
i
(a) in
th
(b) a i
in
(c) a i
the
61 doyen not come into effect until 14
permh is communicated as described
proceeded with by the application
risk ofthe applicant
a development permit shall
the permit may be modified
Officer shall
conspicuously on the property for which
in vMtl � sh' -kbe immediately mailed to all registered owners of land who
rinfdn ofthe Development Officer may be affected and/or,
be immediately published in a newspaper circulating in the
stating the location of the property which the application has been
the use approved
(4) If the Development authorized by a permit is not commenced within the 12 months from
the date of its issue or carried out with reasonable diligence, the permit is deemed to be
void unless an extension to this period has been granted by the Development Officer
(5) A decision by the Development Officer/Municipal Planning Commission on an application
for a development permit shall be given in writing and a copy of it sent to the applicant.
(6) When the Development Officer/Municipal Planning Commission refuses an application for
a development permit the decision shall contain reasons for the refusal
(7) Notwithstanding anything contained herein to the contrary, the granting of a development
permit shall
(a) indicate only that the development to which the permit relates is authorized in
accordance with the provisions of this Bylaw and shall in no way relieve or excuse
any person from complying with this or any other bylaws, order and regulations
affecting such works,
(b) be without prejudice to the Development Officer's rights to refuse any other permit
or approval that may be required of it in respect of the development by this or any
other bylaw
20
Part IV - Appeals
Appeals Part IV
12
fk.
(b) issues a develop en , ermit s l ct to' onditions,
(c) is s an err Secti 14f tlu =,slaw
(2) The perso applyi rmifor afcted by the order, under Subsection (1), or any
other persn affect' by an '' er, decision or a development permit may appeal to the
Subdivisid and DOO"velgpmert Appeal Board
(3) An appeal $hall be`made - - -by serving a written notice of appeal to the Secretary of the
Subdivision and Appeal Board within 14 days after
(a) thedate on which the applicant is notified, or
(b) the date on which the notice was advertised or posted
Appeal Hearing
(1) Within 30 days of receipt of a notice of appeal of appeal, the Board shall hold a public
hearing respecting the appeal
(2) The Subdivision and Development Appeal Board shall give at least 5 days notice in
writing of the public hearing to
(a) the appellant,
(b) the Development Officer/Municipal Planning Commission from whose order,
decision or development permit the appeal is made,
(c) those registered owners of land in the municipality and other persons who in the
opinion of the Subdivision and Development Appeal Board are affected by the
order, decision or permit,
(d) such other persons as the Subdivision and Development Appeal Board specifies
21
3
(3) The Subdivision and Development Appeal Board shall make available for public
inspection before the commencement of the public hearing all relevant documents and
materials respecting the appeal including
(a) the application for the development permit its refusal -arid the appeal therefrom, or
(b) the order of the Development Officer underectiol4, as the case may be
(4) At the public hearing referred to in subsection ),
the Boat shall hear
(a) the appellant or any person act g on or her bed -f;
(b) the Developme �er/Mupicipal Plmng Comission from whose order
decision or deep t permit the appeal is made,%x;lf a person is designated to
g
act on behalf of tlxie Dive omefits Offic r that peradn
(c) an other so was srvedrth Lice of the hearing and who wishes to be
�..
he a so g on his or" half, and
(d) any`other pelrso yvho -laito be affected by the order, decision or permit and that
the Subdivision' d 0 vet opment Appeal Board agrees to hear or a person acting
o mfii is or he behalf
13 Decision
(1) The Subdi %lion and Development Appeal Board shall give a written decision (with the
reasons f r the decision) within 15 days after the hearing
(2) The Board s decision is final, subject only to an appeal, within 30 days, on questions of
law or jurisdiction to the Court of Appeal (see Section 688 of the Municipal Government
Act)
22
i
14.
Enforcement & Administration Part V
Part V - Enforcement car .A,
Orders of Compliance
(1)
Where the Development Officer finds a
in accordance with
(a) the Municipal Government
(b)
(c)
the De
posses
any of
(a)
(b)
(c)
15. Enforcement
ation
of land or buildings that is not
g order the registered owner, the person in
responsible for the contravention or all or
use of the land or buildings in whole or in part as directed
remove or replace the development, or
take such other measures specified in the notice so that the development or use of
the land or building is in accordance with the Municipal Government Act the
regulations, a development permit subdivision approval or this Bylaw, as the case
may be
(1) Where a person fails or refuses to comply with an order directed to him under section
(14(1)), or an order of the Subdivision and Development Appeal Board under Section 645
of the Municipal Government Act within the time specified, the Council or a person
appointed by it may in accordance with Section 646 of the Municipal Government Act,
enter upon the land or building and take such action as is necessary to carry out the order
(2) Where the Council or a person appointed by it carries out an order, the Council shall cause
the costs and expenses incurred in carrying out the order to be placed on the tax roll as an
additional tax against the property concerned and that amount shall be collected in the
same manner as taxes on land
(3) Any person who contravenes any of the provisions of this Bylaw is guilty of an Offense
and is liable on summary conviction to a fine of not more than $10,000 and, in addition, to
a fine of not more than $100 for every day the offense continues after conviction
23
16.
17
(4) The Development Officer or the Municipal Planning Commission may by notice in writing
suspend a Development permit where development has occurred in contravention to the
terms of the permit and/or Land Use Bylaw
Amendments to the Bylaw
z=
(1) Any person may apply to have this Bylaw amende §, XR
(2) The Council may initiate amendments by its o*n motion
(3) All applications for amendments of Byla
la ma using the approved form
accompanied by t
(a) the fee determiii ?114 b h e Coun
"A.
(b) a st f the ap A £Iicant' int `est i the land and
(c) an rawm n; pl mapsrequi jo the Development Officer, and
(d) an�docum ; is ret�uiredy the Development Officer
(4) All amendents olrihis Bylaw shall be made by the Council by bylaw in conformity with
the Act
(5) If an amendin pi to the Bylaw is refused a similar application may not be received for six
months fowing the final date of the decision
Land Use Bylaw No. 1061
(1) Bylaw No 1061 and amendments thereto are hereby repealed
24
Land Use Districts Part VI
Part VI - Land Use Distri
18 Districts
'410 V W
(1) For the purpose of this Bylaw the municipal ft �1 is divided into the following Districts
AC Agricultural Conserva0bn Distrliclt
A Agricultural District
HR Hamlet Res teal tial Distq
HC Hamlet C',6mbfircial DisOict
N%
HI Hamlet U
i'dusilal Distrief,
HG let O'nefill District
OT
C HWY 4, Hisva Cnmercial
LRC Lo R_' U, ommdcial Oistric
R Rec atin strict S
I F", Ind naiD1 ict
x.
CR Country Resident District
19. District Boundar '51-1,1'o
(1) The locations and boundaries of the land use districts are shown on the Land Use District
Maps whic ,',form Part VIII of this Bylaw
(2) The locations of boundaries shown on the Land Use District Maps shall be governed by'the
following rules
Rule I Where a boundary is shown as following a street lane stream or canal, it
shall be deemed to follow the centre line thereof
Rule 2 Where a boundary is shown as approximately following a lot line, it shall be
deemed to follow the lot line
Rule 3 In circumstances not covered by Rules 1 and 2 the location of the district
boundary shall be determined
(a) using any dimensions given on the map, or
(b) where no dimensions are given, measurement using the scale shown
on the map
(3) Where the exact location of the boundary of a land use district cannot be determined using
the rules in Subsection (2), the Council on its own motion or on a written request, shall fix
the location
(a) in a manner consistent with the provisions of this Bylaw and
25
(b) with the appropriate degree of detail require
(4) The location of a district boundary, once fixed sha
amendment of this Bylaw
(5) The Council shall keep a list of its decisions
20
AC —Agricultural Conservation District
(1) Purpose and Intent
The purpose and intent of this district is to provide
conduct, accommodation, and continuation of a wt
(2) Permitted Uses
• One family dwelling
• Accessory buildings
• Extensive agriculture
(3)
,e areas of land for the
agricultural uses
• Addifial dwlin farm help
ft"
• One faixnly dw�hIlin in 5C, m o river and/or stream
• Airports ,.
• Cemetries�1`'
• Community halls a
• Home ccupat ins LAPP;
• Public "',,,'A quad- public installations & facilities
• Churches
• Intensil,£ agriculture
• Kennels
• Natural resource extractive industries
• Signs
(4) Minimum Requirements
(a) Site Area
(i) 3 acres (1 2 hectares)
(b) Front Yard
(i) 135 ft (41 m) from the right of way of a primary highway or as required by
Alberta Infrastructure,
(n) 100 ft (30 5 m) from the right of way of all other roads
(c) Side Yard
(i) 25 ft (7 6 m)
(d) Rear Yard
(i) 25 ft (7 6 m)
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(e) Floor Area
(i) 800 sq ft (74 m2) for a one family dwelling;
(u) other uses at the discretion of the Developme a.dOfficer / Municipal
Planning Commission,
V.
Fy; y
(5) Maximum Limits
(a) Number of Lots
TIP
(i) 2 lots per quarter section: The 1W, fee oft � ! quarter section is one lot
Lots for ' uses are ►ot mcded
(b) Size
(f 20 fires i� lot from an'- sub sided quarter section).
ik
(6) Special Ruiremel'ffis
(a) Were there has been & previous subdivision in the quarter section, the
subdivision of one lot subject to Section 39 of this bylaw may be permitted
(b) Any lot abated in this District shall not exceed 20 acres in size Where lots larger
th 20-,kres are desired, redesignation to Agricultural District shall be required
V-
(c) Notwithstanding the above development on existing lots on record at the Land
Titles Office in this district shall be permitted provided that minimum requirements
regarding yard and floor area as well as the General Land Use Regulations are met
The Municipal Planning Commission may impose conditions on any development
permit to ensure that safe and proper access to the lot(s) is provided The
development permit conditions may also address the control of animals and
livestock on lots
28
21 A —Agricultural District
(1) Purpose and Intent
The purpose of this district is to provide for 1
agricultural lands and to allow for individual
requiring a smaller site
(2) Permitted Uses
• Accessory buildings
• One - family dwellin
• Extensive agncult
(3)
• tinaitionai uweu ng io = arm cip
• One faily dwA ing wi in 5Q0 in da river and/or stream
• Airport's
F
• Cemetggies ,
• Commmty halls
• Home jcupdt z ons "' Pubhc qu i public installations & facilities
• Church
• Intensive agriculture
• Kennels
• Natural resource extractive industries
• Signs
• Schools
• Group care facility
• Grain elevators
• Bulk oil depot and sales
• Fertilizer storage and distribution (including ammonia)
• Farm equipment machinery sales and service
(4) Minimum Requirements
(a) Site Area
(i) 3 acres (1.2 ha)
(b) Front Yard
servatio
agricull
(i) 135 ft (41m) from the right of way of a primary highway or as required by
Alberta Infrastructure
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(5)
(6)
f'N
(b)
(c)
fficer/Municipal Planning
one lot
;els on record at the Land
iat minimum requirements
I Use Regulations are met
ions on any development
permit to ensure safe and proper access to the lot(s) is provided The development
permit conditions may also address the control of animals and livestock on lots
The Municipal Planning Commission may, in the case of fa
subdivision applications, relax the required yard standards 1
encroach into the minimum requirement
The provisions contained in Sections 38 and 39 of this Byla
following types of subdivisions
(i) farmstead removal
FJ
22 HR — Hamlet Residential District
(1) Purpose and Intent
The purpose and intent of this district is to pi
regard to the essentially rural character of thf
(2) Permitted Use
• One family dwellings
• Accessory buildings i W,
• Permitted signs
(3)
(4)
• liupieawei
• Mobilome
• Multipe hou
• Home''.:occup;
• Parks ,,z play
• Schoo
• Public qua
installations & facilities
uses having
(a) Site Area
(i) Unserviced lots 20,000 sq ft (1858 m2),
(ii) Lots serviced by public water system but not a public sewer system 15,000
sq ft (1394 m2),
(iii) Lots serviced by public sewer system but not a public water system 10 000
sq ft (929 m2),
(iv) Fully serviced lots 5 000 sq ft (464 m2),
(v) Non residential uses at the discretion of the Development Officer /Municipal
Planning Commission
(b) Front Yard
(i) 25 ft (7 6 m) for residences,
(n) Other uses at the discretion of the Development Officer /Municipal Planning
Commission
(c) Side Yards
(i) 5 ft (1 5 m) for residences
(ii) 15 ft (4.6 m) abutting the flanking street on corner lots,
(iii) 3 2 ft (1 m) for accessory buildings,
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(5)
(6)
(d)
(e)
(a)
(b)
(iv) 10 ft (3 0 m) for accessory buildings on street side of a corner
(v) One 10 ft (3 0 m) side yard (excluding corner lots) to provide alternate
access to the rear of buildings in a laneless subdivision,
(vi) Others at the discretion of the Development Offic.er/Municipal Planning
Commission
Rear Yards
(i) 25 ft (7 6 m),
It
(n) 3 ft (1 m) for accesso ' buildin s
Floor Area
(i) 800 sq " (7 Z) for or -farm; dwellings m, ludmg mobile homes
21/2 stories for one family dwellings,
accessory buildings,
discretion of the Development Officer/Municipal Planning
(i) 30% of the site for one family dwellings
(ii) 15% of the site area for accessory buildings,
(iii) Other uses at the discretion of the Development Officer/Municipal Planning
Commission
Parking. (Minimum Standards)
Parking shall be provided according to the following
(a) One family dwellings /duplex dwelling/multiple housing — One (1) parking or
garage space per dwelling unit,
(b) Others at the discretion of the Development Officer
32
23 HC — Hamlet Commercial District
(1) Purpose and Intent
The purpose and intent of this district is t
regard to the service which the hamlet is
(2) Permitted Uses
• Retail stores
• Restaurants
• Banks
• Post offices
• Professional
(3)
• Hotel motor l tel
•
Buildi -4 material sales &tor�`e
• Museums
W,
• Service stations'
uses having
ending rural area
• Tire sales ser` ice ="& storage
• Workshops cabinet maker carpenter decorator, electrician, gas fitter, metal worker,
pamte`"`-lumber, printer pipe fitter tinsmith and welder
• Public°& quasi public installations & facilities
• Bulk fertilizer distribution
• Residential accommodation accessory to the commercial use
• Accessory buildings
• Signs
(4) Minimum Requirements
(a) Site Area
As required by the Development Officer
(b) Front Yard
As required by the Development Officer
(c) Side Yard
(i) 5 ft (1 5 m) when adjacent to residential district,
(u) No side yard is required where a firewall is provided, but if a side yard is
provided it must be 5 ft (1 5 m)
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(5) Parking (Minimum Standards)
Parking shall be provided according to the following
(a) Restaurants J
(b)
(c)
Hotels & Motels
All other uses
ing space per 10 seats
( parking space per guest suite
F:
( `parking space per 1,000 sq ft
n'.. of gross floor area of the
li , or at the discretion of the
�l ment Officer
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24
HI — Hamlet Industrial District
(1)
(2)
(3)
(4)
of light industrial uses
sly prepared materials
and mechanical
equipment
• Bulk of depots & files
• Lumber yaras"
• Public*quasi public installations & facilities
• Feedmills, grain milling, cleaning and drying
• Fertilizer storage and distribution
• Signs
• Light industrial and manufacturing uses
Minimum Requirements
(a) Site Area
(i) as required by the Development Officer/Municipal Planning Commission
(b) Front Yard
(i) as required by the Development Officer /Municipal Planning Commission
(c) Side Yard
(i) 5 ft (1 5 m),
(u) 10 ft (3 0 m) where abutting a residential district
(d) Rear Yard
(i) 10 ft (3 0 m)
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(5) Special Requirements
(a) The operation of all uses shall comply with the env
performance standards of the Provincial Governme
Officer/Municipal Planning Commission belieV684
these standards, he or she shall refer the applicaior
Department for clarification prior to i,,V ng a eve
(b) The Development Officer/Mu#cipal P 4nniog Con
�u.
screening and landscaping fort *es wh'h involve s
vehicles building materials v to matm, sig and o
Planning Co t may alsoegula hours of o
business, ill i2 ct : iahbouri residential uses.
unental and public health
T`i'the Development
)posed use may conflict with
the appropriate Provincial
ment Permit
ssion shall prescribe
ige of goods machinery
e items The Municipal
ation when it believes a
W—fl e Development Officer/Municipal Planning
on the evaluation of each individual application
s based on details provided in the application
ion takes place, additional permits may be required
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0
25 HMHP — Hamlet Mobile Home Park Distract
(1) Purpose and Intent
The purpose and intent of this district is to pi
(2) Permitted Uses
• Mobile home parks
• Mobile homes
• Accessory buildingsy
• Permitted signs y
(3)
• Home
• Parks
(4) Minimum
(a) Sit Area
parks in a hamlet
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In is set #ion, lot means an area surrounding a mobile home
y e
(i)`
fully serviced lots 3 000 sq ft (279 m2),
Note all lots in this district must be fully serviced with municipal water
and sewer,
(u)
non residential uses at the discretion of the Development Officer /Municipal
Planning Commission n
(b) Front
Yard f
(i)
15 ft (4 6 m) for mobile homes,
(ii)
other uses at the discretion of the Development Officer /Municipal Planning t
Commission
1
(c) Side Yard
(i)
5 ft (1 5 m) for mobile homes,
(n)
15 ft (4 6 m) abutting the flanking street on corner lots,
(iii)
3 2 ft (1 m) for accessory buildings
(iv)
10 ft (3 0 m) for accessory building on street side of a corner '
(v)
one (1) 10 ft (3 0 m) side yard (excluding corner lots) to provide alternate
access to the rear of buildings in a laneless subdivision,
(vi)
others at the discretion of the Development Officer /Municipal Planning
Commission
(d) Rear Yard
37
N
(5)
(6)
(i)
15 ft (4.6 m),
(ii)
3 ft (1 m) for accessory buildings
(e) Floor Area
(i)
800 sq ft (74 m2) for mobile hon.
Limits
Maximum
(a) Height
(i)
20 ft (6. �r mobile;izomes
(u)
15 ft ( m) f`ar accdssO build:
(iii)
der usq$ at e disci, oft
(b)
Officer/Municipal Planning
or mobile homes
rya for accessory buildings
discretion of the Development Officer/Municipal Planning
Parking Aall be provided according to the following
(a) Mobile Homes — One (1) parking or garage space per unit,
(b) Others at the discretion of the Development Officer
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HG — Hamlet General District
(1) Purpose and Intent
The purpose and intent of this district is to provide for a
residential and industrial uses in hamlets whose smai sl
uses is such that it is not deemed practical for the'
use districts
(2) Permitted Uses
y
•
Nonee
of hamlet commercial
existing mixture of land
:nation into several land
(3) Discretionary Uses "'�TY IN
• All permitt „ d di -crett nary e�s uth in the HIS, HC, and HI districts
• Schoolsf"k �? a
• Churclks w
• Playgr ands & fare
• Co ity Ha
• Public & quasi publ" m v ` IWAs & facilities
• Group are fa+y ,'
• Museums
• Campgrounds
• Cemetexies
• Keep, of horses
(4) Development Regulations
(a) Every development in the HG district shall conform to regulations governing site
coverage, yards, setback, height, etc outlined in the appropriate Hamlet
Residential, Commercial or Industrial district schedules elsewhere in this Bylaw
(b) The design, siting, external finish and architectural appearance of all buildings
including accessory buildings or structures and all signs and landscaping shall be to
the satisfaction of the Development Officer/Municipal Planning Commission to
ensure that adequate protection is afforded to the amenities of the area.
(c) Outside storage shall be visually screened from all adjacent sites and public
thoroughfares
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C — HWY — Highway Commercial District
(1) Purrnose and Intent
(2)
(3)
(4)
(b)
(c)
,Z
of essential services
lopment
Officer/Municipal Planning Commission
Width of Site
(i) 100 ft (30.5 m) or as otherwise required by the Development
Officer/Municipal Planning Commission
Front Yard
(i) 135 ft (41 m) adjacent to a highway without a service road or as required
by Alberta Infrastructure
(ii) 25 ft (7 6 m) adjacent to a highway with a service road, or as required by
Alberta Infrastructure
Side Yard
(i) 5 ft (1 5 m) adjacent to residential districts,
(u) No side yard is required when a firewall is provided but if a side yard is
provided, it must be 5 ft (1 5 m),
(in) one (1) 15 ft (4.6 m) side yard to provide alternate access to the rear of the
buildings in a laneless subdivision.
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(e) Rear Yard
(i) 20 ft (6 1 m) or as required by the
Planning Commission
(5) Special Requirements
(a) The exterior finish shall be bri
satisfaction of the Developmei
(b) The provisions contained in Si
Commercial deve ents arii
(6) Part-,nn
umcipal
1, or other siding to the
annmg Commission
shall apply to all Highway
Development Officer/Municipal Planning
evaluation of each individual application
41
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LRC — Local Rural Commercial District
(1) Purpose and Intent
The purpose and intent of this district is to provide for
Municipality including tourist uses which charge a fey
(2) Permitted Uses
development within the
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(e) Rear Yard
(i) 25 ft (7 6 m) or as required by the Development Officer /Municipal
Planning Commission
(f) Maximum Number of Lots E
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(i) the maximum number of lots i two pequaer section
(ii) Note Does not include public tilrty lots
(5) Special Requirements
(a) The exterior fim zany bui ding shail e brick, s icco, wood, metal, or other
"" the al Planning
siding to the sa ac�tn of the & velorient Office1 p g
Commi%n
f a
eneral Land Use Regulations of the
(b) T� .provi is med in Part 11 g
Bylaw shal, X11 local Ru s ercial developments and subdivisions
(6) On site p ing re rement$ hal determined by the Development Officer/Municipal
Planning mmmiss on 41is ehi her discretion based on the evaluation of each individual
application.
(7) Redesigns on oriy parcel to the "LRC" — Local Rural Commercial District shall only
apply to tl ,immediate area required to develop the intended use The approximate
boundaries be used for redesignation purposes where subdivision is required to legally
establish'the property boundaries If the subdivision is approved the dimensions of the
redesignation parcel will automatically conform to the subdivision parcel, irrespective of
dimensions otherwise approved
43
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R —
Recreation District
(1)
Purpose
and Intent
The
purpose and intent of this district is to provide for a bra range of rural recreational
uses
9
(2)
Permitted Uses
•
Extensive agriculture a
(3)
PWAV
DiscretionarUses r
ZZ
•
Accessory buildfilgs T
"
•
Common hall
F grounds)
•
�gro (r o
•
ur clubs K� -'
•
Equestrian£ d =` i facility (pu c
•
Recxeation ce es lodges
•
Can pgrounc s Avaf' aw ed)
•
Signs
•
044amil"dwc ing for caretaker purposes
•
Recreational motorcycle racing
•
Campgraunds (publicly owned)
•
Go "course
•
Sports camps
•
Ski facility
•
Parks and playgrounds
•
Recreational trails
•
Race tracks
•
Dude ranches
•
Petting zoo
•
Museums
•
Quasi public buildings
(4)
Minimum Requirements
(a)
Site Area
(i) 5 acres (2 02 hectares)
(b)
Front Yard
(i) 135 ft (41 m) from the right of way of a primary highway or as required by
Alberta Infrastructure,
(ii) 100 ft (30.5 m) from the right of way of all other roads
id
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(5)
(6)
(c)
Side Yard
/a 7G4 !'7AmN
fficer / Municipal
-ter section counts as one
portion of the site
45
of
Bu o 1 se
and sales
• Fe der storage and distribution (including ammonia)
• Farm equipment machinery sales and service
(4) Minimum Requirements
(a) Site Area
(i) 1 acre ( 40 hectares)
(b) Front Yard
(i) 135 ft (41 m) from the right of way of a primary highway or as required by
Alberta Infrastructure,
(ii) 100 ft (30 5 m) from the right -of way of all other roads
(c) Side Yard
(i) 25 ft (7 6 m)
(d) Rear Yard
(i) 25 ft (7 6 m)
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(5)
(6)
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CR — Country Residential District
(1) Purpose and Intent
The purpose of this district is to provide for residential
(2) Permitted Uses
• One family dwelling
• Accessory buildings
r
(3) Discretionary Uses F
• Mobile homes , 0
• One fam dwelling within of aver any
k
• Hopl o atic s
• is and " as pu , is ins llati , s acilit
Si `r s�*
• B , and br ` fait esblishnents"
(4) Minimum
(a) Sit
at rural densities
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(i) x acre ( 40 hectares)
(b)
Front Yard
(i) 135 ft (41 m) from the right of way of a primary highway or as required by
Alberta Infrastructure,
100 ft (30.5 m) from the right of way of all other roads except as in (iii)
25 ft (7 6 m) from the property line for internal roads in a cluster
development
(c)
Side Yard
(i) 25 ft (7 6 m)
(d)
Rear Yard
(i) 25 ft (7 6 m)
(e)
Floor Area
(i) 1000 ft2 (93 m2)
(5) Maximum Limits
(a)
Site Area
48
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W 1 2 ha (3 acres)
(b) Number of Sites
(i) 15 country residential parcels per q
(6) Special Requirements
(a) Accessory Buildings and Uses>
(b)
(including satellite dishes)
(i) shall n° 9 e ectec
(n) mall be situated
ti' sha. e
"ore tha 20
(...
(iv I sha , a used as a
(v Y, whe ,� a ru re is ttac
A w #hm the fro yard,
,ner kt so that side yard which abutts the
the s -Ide yard
f to the main building by a roof, a floor, or a
to be part of the main building
in of and attachments to a main building which may project over or on a
yard are
OT an enclosed veranda, deck, porch, balcony or eaves which projects not more
than eight feet over or on the minimum front, rear, or side yard,
(u) a chimney which projects one foot or less
(iii) unenclosed steps with or without a landing and above the surface of the
yard if they do not project more than eight feet over or on a minimum front,
rear or side yard
(c) Objects Prohibited or Restricted in Yards
(i) No persons shall allow a motor vehicle used for stock car races, motor
vehicle which has all or part of the superstructure removed, or a motor
vehicle which is in a dilapidated or unsightly condition to remain or be
parked on a parcel unless it is suitably housed or screened to the satisfaction
of the Development Officer
(ii) A holiday trailer parked on a parcel may be used for sleeping
accommodation by a bona fide tourist for a period not to exceed three
weeks
(iii) Not more than two holiday trailers shall be stored or parked on a parcel
49
(d) Corner Sites
No person shall erect or place a wall, fence shrub tree
object over three (3) feet in height above the lowest stri
triangle formed by the boundaries of the site comma
and a straight line connecting points of each of did
20 feet from the point where they intersect n tl is I 'i tr
IN-
(e) Removal of Vegetation`
;dge or another such
grade in the area of a
i the street abutting them
undaries of a distance of
The removal of trees and/or slfibs or the des'tructiding thereof without a
development permit is prohibit&
Or
(fl Screening
(g)
ial ruse stared in weather and animal proof containers
nt rtes Ad pttl c thoroughfares
(i) All In" obik hoi&s "are to be factory built with walls of pre finished siding or
eq iValent, as required by the Development Officer or the Municipal
Planning- Commission The undercarriage of the mobile home shall be
sceened from view
a 3
(u
All ancillary structures such as patios, porches, additions, etc shall be
factory prefabricated units or of a quality equivalent thereto, so the
appearance, design and construction will complement the mobile home
(iii) In multi lot country residential developments mobile homes shall not be
mixed with conventional one family dwellings
50
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33
34.
General Land Use Regulations Part VII
Part VI1- General Land Use Regulations
Floodplain Development
(1) Land within 1 100 year river floodplain shall q be developed unless sufficient landfill
can be provided to cause the area to be raised iiBove the flood level or other suitable flood
proofing techniques are employed to the satisfaction of the development Officer
(2) All structures permitted to be constructed in the #l, a' plain Shall be so located, elevated and
constructed as to resist flc�fJon and to offer m�nim obstruction to floodflow and shall not
increase the flood haz�on adjacent p�perty
(3) The Munici - Y in is issivh sh 11 as condition of granting the Development
Permit ire thppla to exeute n acknowledgement and undertaking that
all constnhon, d Arlo t and occup o any of them, are at the risk of the
applicant, ner or,"' cctarf �Eas the case ' be A caveat will be filed on title
M
(4) In addition to the requirmen� outlined m Section 8, Development Permit Applications for
parcels in the 1 I OpFyelood in shall be accompanied by the following information
requirements
(i) elet tiori -of the site as prepared by a qualified surveyor or engineer;
(ii) pr*sed elevation of main floor of residential buildings as prepared by a qualified
su veyor or engineer,
(iii) statement and/or analysis which demonstrates the suitability of the development to
the site as compared to other locations on the parcel
Development Near Water
(1) Unless permitted in an Area Structure Plan, no part of any building shall be within 125 ft
(38 1 m) of a river, lake, stream, or other permanent water body The development
authority if deemed necessary by the site may require a greater distance The minimum
separation distance from the bank of the Kneehill Creek or Three Hills Creek and the Red
Deer River shall be 125 feet (38 1 m)
Non - Conforming Buildings & Uses
(1) A non - conforming use of land or a non conforming use of a building may be continued but
if that use is discontinued for a period of six consecutive months or more, any future use of
the land or buildings shall conform with the provisions of the land use bylaw
(2) A non - conforming use of part of a building may be extended throughout the building but
the building, whether or not it is a non conforming building, shall not be enlarged or added
to and no structural alterations shall be made to it
51
(3)
(4)
(5)
(6)
A non conforming use of part of a lot shall not be extended or transferred in whole or in
part to any other part of the lot and no additional buildings shall be erected upon the lot
while the non conforming use continues
A non conforming building may continue to be used but
added to rebuilt or structurally altered except
(a) as may be necessary to make it a
(b) as the Development Officer 4
building, or
(c) as provided formion 9(.
If a non conforming budms damage
percent of thevl b � ' of building `bo,
or rebuilt°1 cept ilcc mice witlthe
The use of land or
35 Rural Business
or
its
shall not be enlarged
or
routine maintenance of the
the extent of more than 75
the building shall not be repaired
Ayot affected by the reason only of a change of
land or building
(1) All development permits issued for home occupations shall be revocable at any time by the
Mumcipal'lantYng Commission if in its opinion, the use is or has become detrimental to
the amenities of the neighbourhood
(2) The Municipal Planning Commission may issue a temporary permit for a home
occupation
(3) A home occupation shall not include any use or operation which will cause or create a
nuisance by way of dust noise smell smoke or traffic generation
(4) In hamlets, a home occupation shall be confined to the residence or accessory buildings
and be subordinate to the principal use as a residence and shall be limited to those uses
which do not impact adjacent properties Outside storage of materials, goods or equipment
is not permitted
(5) In agricultural districts, a home occupation shall be confined to the residence or farmyard
site and be subordinate to the principal use of the site for agricultural and residential
purposes Further, limited outside storage of materials goods or equipment is permitted
(6) Mobile catering must have permission of the landowner and/or tenant for the operation,
coordination and cooperation with other organizational groups No parking on public
access roadways without permission Garbage collection, containment and disposal must
be provided for the function
52
36. Relocation of Buildings
(1) Where a development permit has been granted for the relocation of a building on the same
site or from another site the Development Officer/Municipal Planning Commission may
require the applicant provide a Performance Bond to ens ur co " letion of any renovations
set out as a condition of approval of the permits
(2) All renovations to a relocated building are tom completedl1" vithin one year of the issuance
of the development permit The Deve(opmentfficer will monitor permits to ensure
completion
9
37 Drainage
(1) At the discretion of the ` Devebpment O)ficer/l umcipal PI ' , mg Commission, the
applicant shal%I-I'MiniAlte equid t N , ride peel in For mch a mater that all surface water will
drain from th t" the back lane an front street
(2) The Development Offic�f mcip l P1a to +Commission at his or her discretion may
establish cel anc ui iin `: elevations -- is felt that drainage from existing elevations
will affect's iewhbo na',bar ' els
38 Agricultural
(1) Agricultural lands in particular, Canada Land Inventory Capability for Agriculture
classtficatns Igo 4 shall be encouraged to be preserved for agricultural purposes
(2) The creation of parcels less than 160 acres (64 7 ha) shall not be permitted unless
specifically permitted elsewhere in this bylaw When permitted these parcels should not
(a) fragment existing farming units
(b) utilize better quality agricultural land
(c) Access can be provided without unduly severing the agricultural land
39 Rural Subdivision and Development Policies
(1) First Parcel out
(a) Except as otherwise permitted in this bylaw, the maximum number of lots per
quarter section is two, including the balance of the quarter section Subdivision
approvals for developed farmsteads should be kept as small as possible, while
incorporating shelterbelts and ancillary buildings
(b) The maximum lot size for undeveloped sites is five (5) acres Undeveloped sites
may exceed five acres only if the site is cut off from the balance of the quarter
53
(2)
(3)
(4)
(c) First parcel out subdivisions shall not be allowed where in the opinion of the
Municipal Planning Commission potential conflicts with adjacent or surrounding
uses would result
(d) Water wells and private sewage treatment and disp, 1 systems shall be located on
the lot they service `,,..
(e) Notwithstanding sections (a) and (b) above, lager lists may be approved when the
purpose of the subdivision is to create aot for continuing agricultural purposes,
such as greenhouses market gardens, itense ope Lions, or sod or tree farms In
all cases, however, the maximum num r o tots perquarter section is two,
including the balance lot Wh1,go lots I'll r than 20 acres in size are desired, the
quarter sectionA redesignated tlgnculturahDistrict
Count R�tial
licatio to edesignate Ian' jo Auntry Residential District will be
ev uated tin th�rlvv merits roposals shall be compatible with adjacent
uses and a is V'1 o tur�l land, m particular Canada Land Inventory
clay i icatid is hal � e encouraged to be preserved for agricultural
purposes Dev topers will be required to install services and the site must be
suitable fo, adequate water and sewer servicing
Rural
(a) Industrial uses and rural industrial parks shall be located within a reasonable
distance of
(i) a highway to which the planned use or park has access, or
(ii) a railway to which the park has access or both
(b) Rural industrial parks must be contained within an approved area structure plan
(c) Industrial uses and rural industrial parks shall be located and designed so as not to
create conflicts with adjacent or surrounding land uses through unsightly
appearance, emission of noise or pollutants, creation of dust or similar
disturbances
(d) Industrial uses and rural industrial parks shall not locate on lands having a potential
for flooding, erosion, subsidence, steep slopes or otherwise containing adverse
physical features
(e) Industrial uses and rural industrial parks shall have adequate sewage disposal
systems and available water supplies as required by appropriate authorities
In considering subdivision or development permit applications for residential or industrial
uses, the Municipal Planning Commission may impose conditions addressing
(a) providing proper services and access to the site,
54
r
M
41
(b) screening aesthetics and landscaping,
Highwc
(1)
(2)
Topogr y
(1) Definitions
and
Commission
to those
;ral traveling public
route,
e roads so as not to
i the appropriate
(a) Exhibit 1 illustrates the terms defined in this subsection
(b) `bench" means a plateau or level slope (typically less than 15 %) occurring between
the brink of one slope and the toe of another
(c) "brink of slope" means the point where a slope begins to fall off steeper than 20%
(d) `escarpment' means a river valley wall, typically up to 300 ft (91 m) high.
(e) "escarpment protrusion" means the projection of the brink of an escarpment slope
by a least 100 ft (30.5 m) into a valley
(f) "height of slope" means the point where a slope begins to rise steeper than 20%
(2) Isolated features
(a) For isolated land projections such as hummocks and buttes
55
(4)
(b) R oved o ev scarpment ��ions shall result in slopes of no more than
15 , and off' ,o r "than 33% ate adjoining escarpment wall
No part ofany building' -Aal1 be within the following minimum setbacks, unless otherwise
approved b Development Officer
(a) Setbacks from toes of slopes must be the greater of*
(i) 30 ft (9 m) where the slope height exceeds 10 ft (3 0 m)
(ii) one third the slope height, where the slope height exceeds 100 ft (30.5 m)
(b) Setbacks from brinks of slopes must be twice the average depth of the valley
(c) Benches Subsections (a) and (b) shall apply using
(i) the slope above the bench to determine the set back from the toe, and
(ii) the slope below the bench to determine the set back from the brink
56
Im
0
Y
Map
42 Signs
(1) No sign or sign structure shall be erected without the prior consent of the registered owner
and the occupant of the land in question
F,
(2) No sign or sign structure shall be erected where it may�rnfe ere with obstructor be
confused with any authorized traffic sign, signal of-" vice .,_
(3) No sign or sign structure shall be erected adJ acnt to a primary highway without prior
ft
approval of Alberta Infrastructure
s
(4) All signs and sign structures located 9 -,Count pro erty shall be kept in a safe clean and
tidy condition and, if not�so , ept mad requ tipd by resolution of Council to be renovated
or removed V M
(5) Signs deerne" ve4,;
(c) non illuminated signs relating to a religious, educational, cultural, recreational club
or institution or to a motel or apartment building, no more than 16 sq ft (1 5 m2)
in area, and limited to one per parcel, and
(d) non illuminated signs of local authorities, utility boards or other public or quasi
public bodies
(6) Signs shall be located within the boundaries of the site on which it is located and are not
bound by the yard requirement of the district in which it is located, however, the setback
shall not be less than 10 in (33 ft )
(7) In considering a development application for a sign, the Development Officer shall have
due regard to the amenities of the district in which the sign is to be located and shall not
approve the application if the Development Officer does not consider that the sign is
compatible with the district in which it is proposed to be located
(8) Adjacent to the Town of Drumheller, there are special regulations to control signage into
the City Along the south side of Highway No.9 in the N '/2 21 and the
N V222 28 20 W4M, the only signs that will be permitted are those in the Community
Business Signs Program The location of these signs will be determined by Alberta
Infrastructure and the construction and installation of the sign structure must adhere to all
5s
departmental specifications and regulations Adjacent to the highway right of -way, no
private signs will be permitted
(9) Adjacent to the Town of Drumheller in the E'' /2 35 28 20 W4Mand through Section
26 28 20 -W4M, existing private signs will be allowed to re�ihi; subject to Alberta
Infrastructure Guidelines _..
j. Parking
(1) The number of off street parking spaces for
requirements set out for the land use
tnc1
(2)
(3)
For multiple use sites,
required for each indii
A pa
wide
44. Objects Pt
(1) No
(a)
f
(b)
or
opmot shall be according to
the stce is located
the calculation of parking
16 sq. (14.8 m1) in area and less than 8 ft (2.4m)
kelp or," - ui'any part of a yard in any residential district
nantled of 'wrecked vehicle for more than 14 successive days,
ct or chattel which, in the opinion of the Development Officer is unsightly
to adversely affect the amenities of the district,
(c) Any excavation, storage or piling up of material required during the construction
stage unless all necessary safety measures are undertaken, the owner of such
materials or excavations assumes full responsibility to ensure the situation does not
prevail any longer than reasonably necessary to complete a particular stage of
construction work
(2) Livestock shall not be maintained or kept at any density on parcels of land within any
Hamlet District, with the exception of horses which may be permitted in the Hamlet
General District as a discretionary use
(3) Burning is not permitted within any Hamlet District
45 Site Development
(1) The design, siting, external finish, architectural appearance and landscaping generally of
all buildings including any accessory buildings or structures and signs and any
reconstruction shall be to the satisfaction of the Development Officer/Municipal Planning
Commission
59
46.
47
48
Mobile Homes
(1) All mobile homes shall be C S.A approved and may be
use district where a dwelling is permitted
(2) Mobile homes shall have a permanent foundation capab
anticipated load of the mobile home during all seasons'*(
movement
in an agricultural land
pportmg the maximum
settlement or other
(3) The undercarriage of each mobile honk shall be conapletel ;screened from view by the
�r
foundation or by skirting within 30 da * of pla« ement of thd' mobile home
.�
(4) All accessory structured stzd;as steps patios, rches, additions, skirting and storage
facilities shall be facto . rebricated i�rts o :f a quality equivalent thereto, so that
design and cotgqctiow-Will j mplem the bile hornt'C Additions to a mobile home
shall have `r - 'tion d &irtmg -equ i lenfto that of the mobile home All mobile
homes sl be pr, de steps and It", ding o all entrances within 30 days of their
Mobile Home Paks
(1) Mobile ho e parksshal only be permitted in hamlets
(2) Mobile hole parks shall have a minimum area of 2 acres
(3) Each mo§0 home park lot shall be provided with a durable base on which the mobile
home shall be placed
(4) All roads in a mobile home park shall be well drained and maintained to the satisfaction of
the municipality
(5) Not less than 5% of the gross site area of a mobile home park shall be devoted to outdoor
amenity space and recreational uses, to be provided in a convenient and accessible
location
(6) Visitor parking shall be one (1) off street parking stall for every two (2) mobile home lots
Hamlet Development
(1) The expansion of hamlets shall be limited to lesser agricultural lands wherever possible
and shall only be permitted if it can be demonstrated mfill development is not suitable
(2) Residential lots or smallholdings located in hamlets shall not be considered or construed to
be county residential parcels
(3) Kennels shall not be permitted in a hamlet
.E
49 Intensive Livestock Operations
(1) All applications shall be evaluated for environmental sensitivity having regard for the
Code of Practice for Responsible Livestock Development and Manure Management, and
successor documents thereto In the event that a development, does not comply with the
Code, appropriate changes to management practices,.' b renovations may be required at
the owner's expense
The application may be circulated to
comment
(3)
for review and
and Rural Development
Code of Practice will be
ensive live,",,ock facility or the expansion of an existing
or new opetatio�rthm the size ranges specified in Section
that the M i,' f e situated on land owned by the individual
Existing operations wanting to expand do not have to own
ki"On's not meeting the size requirements as stipulated in
I to be the owner of their own MDS
A variance to 0 MDS distances may be allowed if unique topography and/or micro
climate, visual screening prevailing winds, or unique management/technology (i.e
composting) reduces the potential for nuisance conflicts All requests for a variance shall
be circulated to Alberta Agriculture, Food and Rural Development for their comments
A development permit issued by the Development Officer for an intensive livestock
confinement operation may state the maximum number of livestock to be confined at any
one time
(4) The MDS is not applied to development proposed in proximity to an existing intensive
livestock facility That is, it is not reciprocal Adjacent owners may develop within the
MDS of an existing facility, however the MDS will not be applied to any such
development if the intensive livestock facility expands Intensive operations may expand
if they were established prior to development on adjacent properties
(5) Existing intensive operations that do not meet the standards of the Code of Practice may be
required to upgrade their operation to bring it up to the standards of the Code of Practice
When this is done, the comments of Alberta Agriculture Food and Rural Development will
be obtained However all future expansions and where possible existing operations (with
the exception of the setbacks) must comply with the Bylaw
(6) In reviewing applications for a development permit, the Municipal Planning Commission
may require that prior to any development occurring the developer provide the following
information to the satisfaction of the County
61
A
(a) a soil study prepared by a qualified professional, under his seal, to ensure that the
soils are suitable for the proposed development, and can comply with the
requirements regarding hydraulic conductivity set out in the Code of Practice,
(b) a hydro geology report which confirms that there
and estimated needs of both the proposed devel�l
the report shows that there is a concern, alternA
demonstrated to be suitable `
(c) a drainage plan prepared by a
the elevation and potential dr,
where the proposed developer
The
to ensure
is to
of
nt water for the present
neighboring wells If
may be approved if
his seal, which shows
waters on the lands
traffic to and from the
may require when made necessary by the location or
relag; to soils and water that above ground storage
..
or,, f r acceptable means of manure storage The
-r the seal of an engineer may be required
ommission, may also require the following as a condition of a
issued Periodic inspections will be undertaken by the County
(a)
(7)
...may
(8)
OF
mitigation of the effects of the proposed water usage on the water supply (aquifer)
(a) a soil study prepared by a qualified professional, under his seal, to ensure that the
soils are suitable for the proposed development, and can comply with the
requirements regarding hydraulic conductivity set out in the Code of Practice,
(b) a hydro geology report which confirms that there
and estimated needs of both the proposed devel�l
the report shows that there is a concern, alternA
demonstrated to be suitable `
(c) a drainage plan prepared by a
the elevation and potential dr,
where the proposed developer
The
to ensure
is to
of
nt water for the present
neighboring wells If
may be approved if
his seal, which shows
waters on the lands
traffic to and from the
may require when made necessary by the location or
relag; to soils and water that above ground storage
..
or,, f r acceptable means of manure storage The
-r the seal of an engineer may be required
ommission, may also require the following as a condition of a
issued Periodic inspections will be undertaken by the County
(a)
a license be obtained from Alberta Environment for all water wells and other
sources of water, and that all licensing requirements be met including the
mitigation of the effects of the proposed water usage on the water supply (aquifer)
and other area wells if required
(b)
monitoring wells be placed in strategic locations around lagoon sites to the
satisfaction of the County These wells will be tested for water quality by the
developer and/or an independent qualified professional on a regular basis and the
results forwarded to the County
(c)
verification to the satisfaction of the County that agreements are in place for the
disposal of dead animals in accordance with the Regulations Regarding the
Destruction and Disposal of Dead Animals
(d)
conditions respecting the utilization of manure that are in compliance with the
Code,
The operator shall ensure that the manure stays on the lands on which it was
disposed Land application of animal manure shall consider meteorological,
topographical soil conditions and application time and rate to avoid watercourse or
groundwater contamination The sustainable use of manure shall include the total
crop management system To keep within the recommended application rates,
sufficient land must be available for spreading As a minimum records of the
62
following information must be kept by those in control of land where manure is to
be applied
1) the date when manure from the operation was applied,
2) the volume (or weight) of manure applied to each field,
3) the legal land location of each field, ;
4) the size of the field (acres/hectares), '
5) results of soil sampling of the land pn btao ,'plying the manure (See
condition 11 for details)
6) an estimate of N, P, K and S of" e manure applied
7) the persons to whom tlxey trans erredor solttheir manure, the date of the
transfer or sale, and thoamoun raoferred of sold
(e) Regular soil tesF gate equired annually on lands used for spreading purposes with
results made a "flab Fuponeq st to romtor leveof nutrients nitrogen and
phosphor and �ot allow nptent level to build „up to excessive levels [this
include actable nitrate IN" itrogen (43 N) and extractable ammonium (NI-14 -N)
ftl a soily+de t f ;0 60 c 0 � m tractable phosphate phosphorus PO4 P
usi�g the A dif kelown meth�d from a soil depth of 0 15 cm (0 6 in.) soil
sa 4V1 rty basild or le trical,;Con ticftivity (E.C) of a saturated paste extract, soil
potassium aid sulfur,oil texture one time analysis.] This information shall be
us -' as a basis for a nutrient management plan
(f) Eac jurisdiction is responsible for its own engineering and legal fees
associated with compliance or non compliance with a permit
(g) an -s er(^conditions as the Municipal Planning Commission considers to be
appropriate to ensure compliance with the Code of Practice
(9) The County encourages an odor control program using appropriate technologies
(10) The County encourages operators to meet with the neighbors to explain the development
plans
(11) This Bylaw requires that seven (7) months storage volume be provided for manure wash
water and water spillage
(12) (a) Manure shall not be spread on land within 500 feet of any residence unless the
written permission of the owner of the residence is obtained
(b) All manure shall be incorporated within 24 hours of application
C(13) Restrictions on the Location of Intensive Operations
(a) no new intensive livestock operations shall be located within one mile of the
nearest boundary of an urban centre, hamlet, or municipal or provincial park
(b) The maximum size of an intensive operation will be determined by the Code of
Practice
63
(c) When reviewing an application for a development permit, the Municipal Planning
Commission will consider the location of the proposal relative to surrounding large
intensive operations Kneehill County believes that lame operations should be
separated Without appropriate separation, problems ;telatmg to traffic, dust and
nuisance complaints can occur As well, there'e insufficient land in close
proximity for the spreading of manure Whe valltmg a development permit, the
Municipal Planning Commission may reuse an application if it feels that approval
would result in an inappropriate separation of far e tensive operations The
following is Kneehill County s defimtL�n of arge intensive operations
KA
(i) beef finishers„ over 5;000 hea
(ii) beef fee4dWiObver 8,000 head
(in) hogs fAithw t ish = 41-er 300 sows .
(iv) hgtgs farrow t kilean n�.nver 60 sows -
(v) l -feed` rs fiver 2,000 feeder's
(}> how -nur� - over ,000 weaRers
(ivy ot s or mixed site specific and subject to Municipal
(14) Need for New Permit
Intensive 4"Ivesto& Operations that have not been in operation for a period of two years or
_ more require $development permit prior to re commencing operations if they do not
conform t6!current standards These operations will be inspected and if current
standards are not met, a development permit is required Note In the case of non
conforming uses or buildings if the use is discontinued for a period of six consecutive
months or more, any future use of the land and buildings shall conform with the provisions
of this Bylaw
MW50. Shelterbelts & Fences
(1) Shelterbelts and fences of at least 8 ft in height shall be set back 135 ft (41 m) from the
right of way of a primary highway and should be set back 35 ft (10.67 m) from the right
of —way of all local roads with the exception of an intersection where the required setback
will be 100 ft (30.28 m)
(2) Along primary highways, shelterbelts and fences of a least 6 ft in height shall be set back
as required by Alberta Infrastructure and the Development Officer
(3) Notwithstanding the above, shelterbelts at farmsteads shall require a set back distance at
the discretion of the Development Officer in consultation with the local member of
Council
SI Campgrounds
(1) All developments shall meet the current Health Unit Regulations and other appropriate
Provincial Government Regulations
64
52
I
"I
53.
N
Local Rural Commercial Development
(1) For Local Rural Commercial Development, the following
application
(a) the development is located adjacent to a gc.0 -a-, a]
(b) unless otherwise approved by Development Office
Commission the development locate at le' st 1
the road from Pill,.;
(i) any brid �tructure c ssin he road a
(u) the mt `5cti of the ro, withny other i
shall apply to each
all weather road,
funicipal Planning
ft (457 m) measured along
with the exception of a
(c) the levelo _ en ., s Gated * le 0 5 " '_es (0 8 km), from any primary highway
If multiple ate are iaclud ,n; ne site an Area Structure Plan will be
(d) Th "'fr develoment proad's�'suitable access and /or service roads so as not to interfere
wil trafficor cute a hazard to traffic
71 7
e In ai row an
O pp g y developments that require upgrading of municipal roads to give
proper access to the development the applicant shall pay for the upgrading of the
ro, lh compliance with the County's current road building policy
(f) The sewage disposal system and water system are approved by the appropriate
authorities,
(g) The development if required by the Development Officer/Municipal Planning
Commission must also obtain approval from Council under the Outdoor
Amusement Bylaw for specific events,
Auto and Equipment Wreckage Site
(1) In addition to the criteria contained in Section 52 of the Bylaw Auto and Equipment
Wreckers must also comply with the following
(a) they should be located a least 0.5 miles (0.8 km) from any existing residence
(except that of the owner) or any highway,
(b) the site shall have a minimum area of 5 acres and a maximum area of 10 acres
(4.04 ha) for storage, and must be completely fenced and screened by a type of
fence approved by the Development Officer to a height of 8 feet (2 4 m),
(c) all vehicles must be stored within the enclosure and maintenance of the site should
be in accordance with any standards deemed necessary by the Municipal Planning
Commission
65
54. Bed and Breakfast Establishments
(1) Signage for a bed and breakfast establishment shall be accordance with Section 42
(2) The only meal to be provided to registered guests shall be in accordance with health unit
regulations
(3) Minimal exterior modification of the structure ,r grounds xj�ay be made only if such
changes are compatible with the character of area or ne hbourhood
Rill t
(4) In order to ensure that bed and breakfa establishih nts op ate as transient
ff
accommodation rather tha I �'ooming Mouse t o maximurr length of stay of a guest at one
particular establishme ha not exceed 14 da ,.s or 60 da any one calendar year
01
(5) The operatio" be and breakfast a ablishment shall be subordinate and incidental to
the pnal nci use - e s ence
(6) Off street parking ,all videi wi , mimmum of one stall per owner plus one
parking space per geSt., o n;
55 Dwelling Units pet Lot
The number of dvvellinkpnits permitted on a lot is one For lots 80 acres or greater two dwelling
units may be grantek A second dwelling unit may be permitted on lots less than 80 acres at the
discretion of the Municipal Planning Commission A development permit shall be required
56. Dugouts
All dugouts require a development permit prior to construction Notwithstanding any other
provision in this bylaw dugouts must be set back a minimum of 50 feet from any side or rear
property line All side slopes should not exceed a slope of 3 1 on all four sides These
requirements also apply to the construction of large fishponds on acreages or agricultural parcels
Dugouts are defined as man made bodies of water Landowners are encouraged to look at the
possibility of fencing for safety reasons
57 Recreational Trails
(1) Development permits for recreational trails will be considered by the municipality on lands
designated as Recreation District
(2) In those cases where a development permit application concerns an abandoned right of
way, the Development Officer/Municipal Planning Commission may impose any condition
that relates to proper planning considerations as the Development Officer/Municipal
Planning Commission deems appropriate which may include, but not be limited to the
following access to the site and adjacent lands, signage, garbage disposal range of
activities, maintenance insurance and liability and public safety No permits will be
issued until the municipality is satisfied that these issues have been addressed
..
•
(3) The Development Officer/Municipal Planning Commission may refer any development
permit application concerning an abandoned railway right of way to the relevant federal
and provincial government departments for comment
(4) If the Development Officer/Municipal Planning Commissiog"Abs a concern regarding the
environmental impact of a proposed development in a% 1doned railway right of way
u
the Development Officer/Municipal Planning Comm""". #Ionft,'- ay require the applicant to
provide an environmental impact assessment J ; `a form 'sati actory to the Development
Officer/Municipal Planning Commission
el
(5) If the Development Officer/Mumcipa �'lanmri Co umssi � has a concern regarding the
environmental state of an abandoned railway t� �f way at is the subject of a
development permit app ` ; n the D elop nt OfficerV1, unicipal Planning
Commission may re 1111i th pphcant prole an envira ental report in a form
satisfactory tot e Develpm "t Office l luni al Planni -14, fission
1�z Alf 58. Livestock Allottc er A� one a dential'Par s ( cres or less)
HORSES 2
1
GOATS 6
2
SHEEP 10
2
ELK /DEER 0
0
BISON 0
0
ALPACA/LLAMA 4
2
RABBITS 10
6
EMU /OSTRICH 2
1
* Several points should be noted
• These numbers refer to adult animals of the species. Offspring of maintained
adult animals
may be allowed, however once they reach maturity they must be removed if
numbers exceed
allotted amount.
• Exotic animals are excluded from this table
• Proper confinement of the species is required
• It is your responsibility to keep animals contained on your own property
67
T,-,
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Recommendations of the Land Use Bylaw Committee
As changes to the Proposed Land Use Bylaw
I Moved to recommend Section 20 [4(a)(i)J be changed to reflect a minimum site
area for Agricultural Conservation Distract (AC) lands to be 3 0 acres. Further
moved, to recommend Section 21 [4(a)(i)J be changed to reflect a minimum size
area for Agricultural District (A) lands be 3 0 acres.
2. Moved to include under Definitions, a definition of a "public use" (facility)
3 Moved to concur with Section 29, Recreation District, Section 51, Campgrounds
and Section 57, Recreation Trails, as drafted. Also recommended the
Municipal Planning Commission address the recreational trails concerns at
such time a development permit is taken out.
4 Moved to concur with the Section 30, Industrial District
5. Moved to accept the Hamlet designations, as discussed
6. Moved approval of the Highway Commercial District and the Local Rural
Commercial District as presented
7 Recommend Section 42, Signs, subsection 5(b) be changed from 10 square feet
to 16 square feet.
8. Recommend a provision be included to address "temporary signs" which
includes the following
- definition for a "temporary sign"
-size limit for a temporary sign limited to 32 square feet
- in the case of a real estate "temporary sign" a provision that the "temporary
sign" must be removed within 15 days of the real estate transaction pertaining sign
- electoral signs be exempt from the "temporary sign" definition.
9. Recommend Section 50, Shelterbelts & Fences, subsection I be amended to
reflect a 8 ft. rather than a 6 ft. height limit and further the 35 ft. set back from
the right of way of all local roads be discretionary.
10. Recommend Section 53, auto Wreckage Site, be changed as follows
Section name be titled Auto and Equipment Wreckage Site
- Subsection 1(b) be changed to reflect a minimum area size of five
acres and include a maximum acreage size of ten acres.
- Subsection I (a) be changed from "should" to "must" be located at
least 0.5 miles from any existing residence (except that of the owner) or
any highway
11 Recommend Section 54, Bed and Breakfast Establishments, note the
establishment must operate within the Health guidelines and regulations.
Further, the subsections in this section reiterating the provincial guidelines be
removed.
12 Recommend Section 56, Dugouts, be amended by the removal of " that are
primarily used for agricultural purpose" from the end of the second last
sentence in the section.
13 Recommended to amend Sec. 39 (2) (a) to allow the Country Residential District
to remain as a redesignation option.
14 Recommended 3 0 -acres be the recommended maximum parcel size allowed in
the Country Residential District.
15. It was also decided that Section 58 should be altered to only allow livestock on
parcels greater than 3 0 acres.
16. Recommend to remove the last five words under Section 49(5) that being, "and
the Code of Practice."
17 Recommend approval of the revised Livestock Allotted Per Acre chart.
18. Recommend subsection 7 in Section 49, Intensive Livestock Operations be
amended as follows
maintenance, reconstruction or dust abatement on any impacted roads be
removed from the last sentence and replaced with, "where the Development
requires a road or traffic infrastructure improvement to accommodate the
development
An additional sentence be added to subsection 7, stating, "An applicant for
a development permit may be required to provide dust control adjacent to existing
residences located on roads impacted by the development.
19. Subsections 7 be removed from Section 49, Intensive Livestock Operations, and
relocated to Part III — Development Permit Application, Section 9, Deciding on
Development Permit Applications, as subsection 13
20. Recommend subsection 9 be removed from Section 49, Intensive Livestock
Operations, and be relocated to Part III — Development Permit Application,
Section 9, Deciding on Development Permit Applications, subsection 14
21. Recommend subsection lob, in Section 49, Intensive Livestock Operations,
include the addition of the following, "These wells will be monitored by the
developer and/or an independent qualified professional."
r
22 Recommend subsection l0c in Section 49, Intensive Livestock Operations, be
revised to only address dead animals with the provisions pertaining manure to
be included under subsection 10d.
23 Recommend subsection 10f in Section 49, Intensive Livestock Operations,
include inspection fees as well as consultant fees and the notation that a
municipality is responsible for its own incurred costs.
24 Recommend subsection 14 in Section 49, Intensive Livestock Operations, be
replaced with the following, "All manure must be incorporated within 24 hours
of application. Manure should not be spread within 500 feet of any residence
unless the written permission of the owner is obtained.
25. (Noted the committee's interpretation of this section was that the section applies
to all operators, not just new operators)
26. Recommend subsection 15a in Section 49, Intensive Livestock Operations, be
changed by adding to the end of the sentence, " and provincial or municipal
parks. "
27 Recommend subsection 15b in Section 49, Intensive Livestock Operations, be
removed in its entirety
28. Recommend subsection 15c in Section 49, Intensive Livestock Operations, be
revised to include only the low numbers, that is, the maximum numbers be
removed.
29 Recommend subsection 151; in Section 49, Intensive Livestock Operations,
stipulate the Code of Practice determines the size of an ILO.