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HomeMy WebLinkAbout2001-04-10 Council Minutes (2)ji El Kneehill Count Land Use Bylaw No. Draft Revised ApnI 10 2001 imp PART I PURPOSE & 1 Purpose ................................................. ............................... 2 Definitions ............................................ ..............................d PART II ADMINISTRATIVE AGENCIES 3 Development Officer ............ ............................... 4 Subdivision and Development Appeal Board .... ........ 5 Municipal Planning Commission . ............................... PART III DEVELOPMENT PERMIT APPLCATI :....... .................................................... ............................... 16 6. Control of Development { 16 ........................... ....................................... ............................... 7 Development Permit Not Required 16 8 Application for a Development Pe t L ; g .............. ......................................................... ............................... 17 9 Deciding on Development P n}it A} pl►c ` ions ............ .......................................................... ............................... 17 10 Development Permits & Nott ►. 1`............ .................... ............................... 19 PARTN APPEALS ........ .... ► ............................................................... .............................21 11 Appeal Procedure � Z .... $ �. ....................................................................... ............................... 21 , 12 Appeal Hearing. k .... ................................................................................... ............................... 22 13 Decision............ PART V ENFORCEMENT & ADMINIS , I ................................................................................... ............................... 23 i F 14 Orders of Compliance..:., .................................................................................................... ............................... 23 15 Enforcement ....................................... ............................... ................................................................................ .............................23 16 Amendments to the Bylaw ......... ....................................................................................................................... .............................24 17 Land Use Bylaw No 1061 ............. ............. :.................................................................................................................... ............................... PARTVI - LAND USE DISTRICTS .................................................................................................................... .............................25 18 Districts .................................................................................................................................................................... .............................25 19 District Boundaries .....' .:................................................................................................................................... ...... ......................... 25 20 AC — Agricultural Co servat►on 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 District ................................................................................................................ .............................42 29. R — Recreation District ...................................................................................................................................... ............................... I— Industrial District ............................................................................................................................................. ............................... 46 31 CR — Country Residential District ........................................................................................................................ ............................... 48 PART VII — GENERAL LAND USE REGULATIONS ............................................. ............................... 32. Floodplain Development .............................................................................................. ............................... 33 Development Near Water ........................................................................................... ............................... 34 Non - Conforming Buildings & Uses ........................................................................... ............................... N 35 36. 37 38 39 40 41 42 43 44. 45 46 47 48. 49 50 51 52 53 54 55 56 57 RuralBusiness Occupations ............................................................................................................................ ............................... 52 Relocationof Buildings ...................................................................................................................................... ............................... 53 Drainage.......................................................................................................................................................... ............................... 53 AgriculturalLand ........................................................ ............................... ....................................................... ............................... 53 Rural Subdivision and Development Policies . ............................... . HighwayCommercial Development ................. ............................... ............................................................ ............................... 55 TopographicFeatures ................................... ..............................: ........................................................... ............................... 55 Signs........................................................ ............................... b ............................................................. ............................... 58 Parking...................................... ............................... ......................................................... ............................... 59 Objects Prohibited or Restricted in Yards ................ .", Site Development .... ............................... ..... ............. .... ............. ........................... ............................... MobileHomes ........... ............................... ..... ................................................... ............................... 60 Mobile Home Parks ............................................. ... ............. .. . ....................................................... ............................... 60 HamletDevelopment .. ............................... .... ......................................................... ............................... 60 Intensive Livestock Operations .................. .... .......................................................... ............................... 61 .................................................. ............................... 65 Shelterbelts & Fences ......................................... Campgrounds.................... .................................................... ............................... Local Rural Commercial Developm . AutoWreckage Site ...................... ` .... .......... ....................... s ................................. ...................................... I ................ 66 Bed and Breakfast Establishments .............. ..... 66 DwellingUnits per Lot .. ............ ............................................................... ............................... 66 Dugouts.............. w .............................................................................. ............................... 67 RecreationalTrails.... -, ...... . ....... .............. . .... Ut................................................................................. ............................... 67 kRT VIII — LAND USE ................................................................. ............................... 68 � ! r I Purpose The purpose of this Bylaw is to regulate and buildings within the municipality to achieylb 2 Definitions In this Bylaw "Act" means the "Accessory Building Development Officer same site "Agricultural Opp or reward or in the (i) the (ii) the the (iii) the (iv) the (v) the or Purpose & Definitions Part I and development of land and nomic development building or use which in the opinion of the the principal building or use located on the n "as a cultural activity conducted on agricultural land for gain or e e at of gain or reward, and includes i11!stry ock, including game production animals within the meaning of Diversification Act and poultry fur - bearing animals, pheasants or fish, i of agricultural field crops, i of fruit, vegetables, sod, trees, shrubs and other specialty horticultural crops, (vi) the production of eggs and milk, (vii) the production of honey, (vin) 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. 4 "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 occ Y of the livestock facility on a year - round basis "Area Structure Plan" means a statutory plan and development of an area. i "Basement" means that portion of a of its height from finished floor to fii "Beekeeping" means the framework for subsequent subdivision is ply underground but which has two feet rove � e adjacent finished grade honey "Better Agricultural Land" min C L Inve fiq y Capability for Agnculture classifications 1 to 4 The'CL I� a ' TJ g i ell to co irmation from site inspection, land assessment records or�ierrgdetae ''soil n stiOtions i S i i `� is `Boarding or Lodg�n' i ; Horse" ans bu f g where meals are served for remuneration or rooms are rented tot or `# xso s including the occupant and his immediate family but does not include a tel, zo 1, s urant, cafe, coffee shop, dnve in refreshment stand or other similar use F IrA fj o' `Building" includes a thi structed or placed on, in, over, or under land, but does not include a pnmary high a ay a .,g blic roadway or a bridge that forms part of a highway or road "Campground" me a creational development for the purpose of providing temporary accommodation for rem ' ional vehicles or tents A campground is not construed to mean a rpo development for these of accommodating long term or permanent occupancy by recreational vehicles or mobile homes Temporary is defined as accommodation for a penod of less than thirty (30) days "Catch Basin" means any excavated dike or walled structure or combination of structures designed to intercept and temporanly store run off water contaminated by animal manure, washwater, or associated wastes i "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 dev lopment, but excluding campgrounds, motels, hotels or the use of lodging facilities or permanent habitation or residence other than caretaker purposes "Country Residential" means a dwelling or principally for private residential purposes w "Development" means an excavation, bt 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 Dwelling" ated on a parcel of land used rural area. lditl8n to, change of use of land or a building, as �ecified in the Municipal Government N 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 r ;' iden "al builog containing one dwelling unit and supported on a permanent foundation, nclu n odular or pre fabricated houses, but not including mobile homes of any kind, wh her 'ta I ng on a permanent foundation or on wheels, Jacks, blocks or other temporary found ionk` ll',. "Dwelling Uni me s of building or a self contained portion of a building for the residential use pi of one or more peoplvmg 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 rai but does not include for the purposes of this bylaw such intensive livestock operations, beekeeping, livestock sale 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 or"M associated with a farm operation "Farm Subsidiary Occupatio employees and subordinate to i "Feedlot" means an enclosed area of livestock in confinement for comp en or production of crops or livestock 3lized uses as commercial feedlots, ds, sod farms plant nurseries or farm residences ied by a person engaged at least six ivision Approving Authority of a parcel I improvements which normally are nt©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 "Fence" means a vertical physical barrier constructed out of typical building material (wire, wood, plastic, or tubular steel) to`:preyent visual or unauthorized access or both "First Parcel Out" means the first parcel to be subdivided from an unsubdivided quarter section It is not necessary for a habitable residence to be located on the site "Flood Plain" means land calculated or determined by Alberta Environment to be located within the 1 100 year flood risk 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 handicE 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 l"e s biu ancillary services prove' ed iiiro 'a or "Industrial Park" industrial purposes "Intensive n a Matched, facility ident 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 ams which may contain bar/kitchen facilities or more contiguous parcels of land for "Intensive Livestock } peith means the concentrated rearing or confinement of livestock at densities outlined by x era Agriculture, Food and Rural Development but does not include the confinement or wintery f livestock in a farming operation "Intensive Vegetatry 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 ammals 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 Ri (a) For the purposes of determining the requirement for a development permit and applying the standards of the land use bylaw- intensive livestock facility is defined as follows � 1 Any feedlot or covered i capable of confining the below for growing or fir TABLE 1 INTENSIVE LIVE §TO( it investment or permanence, of livestock set out in the table — MINIMUM SIZE Livestock Type Th eshold Numb_ er Livestock Type Threshold Number Beef Finishers (900 -1300 lbs.) 300 Beef Feeders (450 -900 lbs.) 400 ; Horses (feedlot) 100 Feeder Cows 200 Poultry (broilers) 920 m Feeder Calves 400 Poultry (breeders) 500 Dairy lbws (milking) -' All Poultry (layers) 5000 Swine (1a'rrow- finish) , 30 Poultry (turkey broilers) 3000 Swine (arrow -wean) 50 Feeder Lambs 600 Swine (f' eders;only) X300 Goats (Dairy) 100 Swine (i�eaners) 500 Other Discretionary >oused at a density of more than 1 livestock manure unit per 8.8 ft2) in open confinement 3 Confinement Time Interval /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 Umt 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 Arai ;rvoir catch basin earthen storage, erm, for containing livestock manure It does not include a vehicle or any disposal of livestock manure (e) Seasonal Livestock Feed7"i"tc J " Sitt��( o rwintering area where animals are fed and sheltered Animals at h s p; manly sustained by supplemental feeding ° �� Lam' "Main Building" means boil i �n w [r is �bOnduct8d the main or principal use of the site on which it is erected 1 i� "Minimum Distance �epar _ie s tstback or buffer established between an intensive livestock facility (sour ) an , cj'avent 1 d es (receptors) to minimize odour and other nuisances The LSU is. he b e n oi determining separation recommendations "Mobile Home" mear a tr ° sr rt a single family dwelling unit suitable for long tern occupancy, constructe ;on a a ent steel beam designed to be transported on its own wheels and upon arrival at the`rtes a from incidental operations such as placement on foundation supports and connecti R to "tilities, ready for occupancy Mobile homes are constructed to CSA Standards Z240 �. f "Mobile Home SingLwide" means a mobile home consisting of a single unit designed to be towed in a single load "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 dwelling unit(s) for year -round occupancy Modular Units are constructed to,CSA Standards A277 "Municipal Development Plan" a statutory plan which ains policies for the future 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 Building" n construction at the Batt yL the requirements of thy; Byl * E.; "Non- conforming Us' ' means to be made of a builds la 11 which does not or will lot 4 1 "One- family Dwe semi detached one n Planning Commission appointed thon of natural resources such as clay and may include primary treatment 11constructed or lawfully under and which does not or will not comply with use being made of land or a building or intended ion at the date this Bylaw becomes effective, and requirements of this Bylaw containing one dwelling unit, but does not include "Parcel" means the a 're &e of one or more areas of land described in a certificate of title or described in a certificf 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 Ll "Public Schools" means an educational facility regulated and administered by the Golden Hills Regional Division No 15 "Public or Quasi - public Building Facilities and Instal ' ns" includes a church or any building which is used by the public for the purpose o ebly, instruction, culture or enlightenment or for a communal activity, but does i. `" lude a school, or place of public entertainment for which an admission fee is cust .� y arged. In addition, it includes a building as defined in the Municipal Governm Ac 'in M hich the proprietor of a public utility maintains its office or offices and/or main ins �h uses equipment used in connection with the public utility f A � "Recreational Area" means an area of 1 use blic for recreational purposes Activities may include, but are n ite = w in, mg cycling, horseback riding, cross country skiing and riding of al . n v `files : d sno obiles "Retail Store" means a Islm w re �hai ise is offered for retail sale and is stored only in reasonably sufficient 05 s ppi n _ a ° etail needs "Rural Business Occt and" " s y ppation, trade, profession, or craft carried on by an occupant of a residentio I bus . m§ cf rence as a use secondary to the residential use of the building and which do'�,s no h�` th residential nature of the building nor the neighbourhood or have any exterior e�idenc f u s ondary use other than a small name plate Signs exceeding '2 sq ft in sie wii rui = . separate permit p i t eft "Screening" means a ncell ";w; berm, hedge or other barrier providing visual and/or acoustic separation of sites r "" "Seasonal Livestock ee�ding Site" means an overwmtenng area where mature breeding animals and their unweaned y0iing are fed and sheltered Animals at such sites are primarily sustained by supplemental feeding "Semi- 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 in 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, notices, panels boarding and banners, 12 (a) "Area of Sign" means the total surface area within the outer periphery of the said sign, and in the case of a sign comprised of i ividual letters or symbols, shall be calculated as the area of a rectangle enclosm the letters or symbols Frames and structural members not bearing advertisin ; ' tter shall not be included in computation of surface area, (b) "Billboard" means a structure, pri If-supporting, which is used for the display of general advertising the: ct after of which is not necessarily related to the use or ownership of the p e o j hich the structure is located, (c) "Fascia Sign" means a sigp plac fat parallel to the face of the building so that no part projects more t. o fit fr the building, (d) "Free- standing Sign" me ' s a sri n a andard or column permanently attached to the ground and which is `ot c` ted any way to any building or other structure i (e) "Projecting Si ,n' ans gn �hich is ` ttached to a building or structure so that part of the sign pf j i s m�r� tha 1 one fo om the face of the building or structure, =p (fJ "Roof�S `n a ie " s'` y gn la T d on or over a roof �r i ra "Site" means (a) a quart ' sect r " (b) a river Tit or 1 t "" shown on an official plan referred to in Section 32 of the Survey , ct t y f or lodged in the Land Titles Office or (c) a part o g a p "" el ere the boundaries of the parcel are separately described in a Certific e o i "' other than by reference to a legal subdivision, or (d) a part o ;la p�R ce where the boundaries of the part are described in a Certificate of Title b�efrence to a plan of subdivision "Subdivision and Delopment 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 (a) systems for the distribution of gas, whether artificial or natural ENEENEENEEMML (b) facilities for the storage, transmission treatment, distribution or supply of water, (c) facilities for the collection, treatment, movement, or disposal of sanitary sewage (d) storm sewer drainage facilities, 13 1W , , (e) systems for electrical distribution and lighting, (f) systems for telephone & Cable TV distribution. "Watercourse" means the bed and shore of a river, s other natural body of water, or a canal ditch, reservoi contains or conveys water continuously or mtermitt'lo "Yard" means a part of a parcel upon or over "Yard — Front" means that part of the between the main building and the front "Yard — Rear" means that part between the main building and,.l "Yard — Side" means the main building and All other words and the Subdivision and they are given their 3 a Jt, b' is e, creek lagoon, swamp, marsh or man-made feature, whether it building is erected ss the full width of a parcel which is ss the full width of a parcel, which is the front and rear yards and between they do in the Municipal Government Act, or Where words and phrases are not defined, 14 I Rj 4 5 Pat 11 - Administrative ve Development Officer (1) The Office of the Development Officer or persons appointed by Council (2) The Development Officer Shall (a) (b) receive, consider 4 refer at his or her whose intobt or (c) keep a". this By: to the p (d) keep a and the Subdivision and Deve The Subdivision and I Kneehill County shall 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 cations for development including the decisions thereon and all orders for a mimmum period of seven (7) years lent Appeal Board established by Bylaw of the municipality of all duties so specified in that Bylaw Municipal Planning Commission The Municipal Planning Commission established by Bylaw of the municipality of Kneehill -'-�'1 perform all duties as specified in that Bylaw Development Permit Application Part III Part III - Development Permit A 6. Control of Development No development other than that designated in Section al 1 municipality unless an application for it has been ap ed a issued 1 7 Development Permit Not Required (1) The carrying out of v works do not include (2) The erec or c ire ru o f gal on corner is or mg of in front y s ans in and other teratiof y tes only to h lets) or r air to any or for works can, within the ;nt permit has been provided that such eS, is or other means of enclosure (other than se vehicular traffic) less than 3 ft in height ar yards, and the maintenance, improvement or walls or other means of enclosure (applies (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. Application for a Development Permit (1) For the purpose of administering this Land Use By law, the De lopment Officer shall prepare such forms and notices as he or she may deem nec (2) Any such forms or notices are deemed to have th rd effect of this Land Use By -law in the execution of the purpose for w ' the Prc signed, authorized and issued (3) An application for a development perAlt shall e de to Development Officer and shall be accompanied by , III le (vi) th 11mated ed commencement and completion dates, (vii) th cost of the project or contract price, (viii) 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 9. Deciding on Development Permit Applications (1) The Development Officer shall (a) 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 (b) refer, at his or her discretion, any permit application for comments to those authorities whose interest or jurisdiction may be affected (c) refer with his or her recommendations, to the Municipal Planning Commission for its consideration and decision, applications for a development permit for those uses which constitute discretionary uses, (d) refer to the Municipal Planning Commission at his or her discretion any application which in his or her opinion should be decided by the Commission 17 0 A i (2) The Municipal Planning Commission shall (a) decide on applications for a development permit for discretionary uses for the relevant district, (b) approve the application unconditionally or appropriate permanently or for a limited (3) The Municipal Planning Commission permit where the proposed developm t does t and/or floor area of any district in thi ylaw is opinion of the Municipal Pl ng C issi (a) The proposed ffilelogient'qoulf not uses listed as loons considered or refuse the application ion for a development the required front, side, rear ming building if, in the f Ineirf e wi the e ' s of the neighbourhood or rfere th aff a use, enjoyment or value of arce of 1 d the variance does not exceed 75% of the r yar an oor area requirements in any district prior to (b) ThIpropoffd d lop ent conforms with the use prescribed for that land or (4) Where th o sed use is not listed in a land use district, the Development Officer or the Municip ing Commission may consider it to be so listed if in their opinion, it is sufficie y 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 (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 (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 on a Real Property Report with respect to legally established or non - conforming development, the Development Officer may at his or her discretion 18 (a) grant a relaxation of development standards by up to 40% without the issuance of a development permit where no permit has been issued for development prior to 1985 (b) grant a relaxation of a previously approved develo ermit by 15% of the approved setback, (c) otherwise require the issuance of a de opmt le t for reasons of safety hazard or general public conce , or a 'tionaf r ion (10) The Development Officer or the M pal PI i Co ion may by notice in writing suspend a Development Pe t wher velo as ed in contravention to the terms of the permit an d Use w (11) Where the M ah re este ovid ommen a Real Property Report with respect to bl e r no co development, the Development Officer may at r her re (a) gr t a rel ti o vel me tandards by up to 40% without the issuance of de lopme pe 't a permit has been issued for development prior to 19 , (b) gr t a rel ti f a reviously approved development permit by 15% of the ap oved ba , (c) of is equire the issuance of a development permit for reasons of safety, h d general public concern, or additional relaxation (12) The Mu lcipal 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 (u) 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 10. Development Permits & Notices (1) The development permit granted pursuant to this Bylaw does not come into effect until 14 days after the date an order, decision or development permit is communicated as described in Section 10(3) of this Bylaw and any development proceeded with by the application prior to the expiry of this period is done solely at the risk of the applicant (2) Where an appeal is made pursuant to Section 11 of this Bylaw, a development permit shall not come into effect until the appeal has been determined and the permit may be modified or nullified thereby 19 (3) When a permit has been granted, the Development Officer shall (a) immediately post a notice of the decision conspicuousl n the property for which the application has been made, and /or (b) a notice in writing shall be immediately registered owners of land who in the opinion of the Development O r m e ected and/or; (c) a notice shall be immediately blishe n a ewsp r circulating in the municipality stating the locate of the ro w h the application has been made and the use apkroved (4) If the Development a ri by a t is commen ithin the 12 months from the date of its a or out o le dilige , the permit is deemed to be void, unle si to s pe od be granted by the Development Officer (5;► A decisio y the ve nt O ice r pal Planning Commission on an application for a deve pment s 1 be ive writing and a copy of it sent to the applicant (6) When the evelo en ffi unicipal Planning Commission refuses an application for a develop nt pe t d ision shall contain reasons for the refusal (7,1 Notwrthst ,, din yt ing contained herein to the contrary the granting of a development permit sh 5 (a) ihdicate 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 n Paft IV - Appeals 11 Appeal Procedure (1) An appeal may be made to the Subdivision Development Officer 12 (a) refuses or fails to issue a of the completed applica Officer), is (b) (c) (2) The per other pt Subdivi (3) An app Subdiv Appeals Fart Ill Appeal Board where the 1 within 40 days of receipt by the Development ed by the order, under Subsection (1), or any sion or a development permit may appeal to the Board ea 1 a serving a written notice of appeal to the Secretary of the isi and p Board within 14 days after (a) th 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 13 Decision (1) The Sub Ythe d Development Appeal Board sl reasons ision) within 15 days after the he (2) The Board's decision is final, subject only to an apt law or j unsdiction to the Court of Appeal (see Secti Act) Enforcement & A Dart V - Enforcement & Ad.m nis 14 Orders of Compliance (1) Where the Development Officer finds a dev ment n ( in accordance with A t (a) (b) (c) the any of (a) the Municipal Government A r the ions, a developmen r sut)qimsion arovai, or the IqAM byl4lv, ment is by n ice i order the registered owner the person in �f the 1 mgs r the e sponsible for the contravention or all or to the de to ent se of the land or buildings in whole or in part as directed ie not , o (b) dAeland lis remove or replace the development, or (c) t uch other measures specified in the notice so that the development or use of t 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 15 Enforcement (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. ff 18. 19 Part VI - Land Use Land Use Drstncts Part VI Districts Fed (1) For the purpose of this Bylaw, the municipal is di o the following Districts AC Agricultural Conserva n Dis t A Agricultural District HR Hamlet R teal D ct HC Hamle rcial 1 ct HI Hamlet us al Di ' HG et ne Dist C-HWY wa o erci 1 LRC Lo R omm cial R Re ti tract I Ind i 'ct CR Co esi istrict District Boundar (1) The locate boundaries of the land use districts are shown on the Land Use District Maps, w 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 1 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 (4) (5) (b) with the appropriate degree of detail required The location of a district boundary, once fix( amendment of this Bylaw The Council shall kee except by an district boundaries KIJ 20. AC —Agricultural Conservation District (1) Purpose and Intent The purpose and intent of this distract is to provide conduct, accommodation, and continuation of a (2) Permitted Uses • One family dwelling • Accessory buildings • Extensive auicul (3) Jareas of land for the agricultural uses • Addi al d in farm 1p it PR • One f ly d in 50 m o er and/or stream • Airpo • Ceme es • Co ty h • Home cupa ns • Publi qu pu is installations & facilities • Churc s AV • Intens culture • KZ PS • Natural resource extractive industries • Signs (4) Minimum Requirements (a) Site Area (i) 5 acres (2.02 hectares) (b) Front Yard (i) 135 ft (41 m) from the nght -of way of a primary highway or as required by Alberta Infrastructure, (u) 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) 27 A C A g r i c u 1 t u r a 1 0 n S e r V a t 1 0 n D 1 S t r 1 C R (e) Floor Area (i) 800 sq ft (74 m2) for a one - family dwelling, (ii) other uses at the discretion of the Develop cer / Municipal Planning Commission, (5) Maximum Limits (a) Number of Lots (i) 2 lots per q er secAt The of quarter section is one lot Lots for uses inc ed (6) (b) Size 20Ires ffIA lot froinn anlinsu&vided quarter section). (a) re ther een revious subdivision in the quarter section, the jtffih ivisio f o lot ubject to Section 39 of tlus bylaw may be permitted (b) lot ate in this District shall not exceed 20 acres in size Where lots larger 2 Gre s are desired, redesignation to Agricultural District shall be required (c) wrthstandmg 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 ammals and livestock on lots 28 21 A — Agricultural District (1) Purpose and Intent The purpose of this district is to provide for i agricultural lands and to allow for individual requiring a smaller site (2) Permitted Uses • Accessory buildings • One family dwell' • Extensive aaricul (3) (4) • Addit' al dw n f arm Ifeln r • One f ily dw in n 54 in oloaFriver and/or stream • Airpo • Ceme es • Co ty h s • Home cup on • Publi q i public installations & facilities • Churc • Inte ve 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 Minimum Requirements (a) Site Area (i) 5 acres (2.02 ha) (b) Front Yard servation of agricultural uses (i) 135 ft (41m) from the right -of way of a primary highway or as required by Alberta. Infrastructure 29 n r i c u u r a 1 D i s t r i c t • (5) (6) r (1-1 (b) (c) Mcer/Mumcipal Planning )ne lot els on record at the Land at minimum requirements Use Regulations are met. ons 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 farmstead separation subdivision applications, relax the required yard standards if existing improvements encroach into the minimum requirement The provisions contained in Section 37 of this Bylaw shall apply to the following types of subdivisions (i) farmstead removal 30 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 the (2) Permitted Use • One family dwellings • Accessory buildings • Permitted signs Ad (3) Discreti (4) • liupie • Mobil • Multi] • Home • Parks • Schoo • P»hlic (a) Site Area installations & facilities uses having (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 in (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, (ii) Other uses at the discretion of the Development Officer/Municipal Planning Commission (c) Side Yards (i) 5 ft (1 5 m) for residences, (u) 15 ft. (4 6 m) abutting the flanking street on corner lots, (iii) 3.2 ft (1 m) for accessory buildings 31 H R H a m 1 e t R e s i d e n t D i s t r i c t E J (5) 4 (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 subdn ision, (vi) Others at the discretion of the Development Off r/Municipal Planning Commission AA Rear Yards (i) 25 ft (7 6 m) (ii) 3 ft (1 m) for accesso bwld Floor Area (i) 800 sq (7 2) fa o fam' dwellings ludmg mobile homes stories for one family dwellings cessory buildings, discretion of the Development Officer/Municipal Planning (#'f 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 Developm Commission. Parking (Minimum Standards) Parking shall be provided according to the following (a) One family dwellings /duplex dwelling/multiple hou garage space per dwelling unit, (b) Others at the discretion of the Development Officer 23 HC — Hamlet Commercial District (1) Purpose and Intent The purpose and intent of this district is to provide f nt cd mercial uses having regard to the service which the hamlet is intend for the surrounding rural area. (2) Permitted Uses (3) • Retail stores • Restaurants • Banks • Post offices • PrnfeccinnA • Hotel motor to V, • Build mate s o • Muse s • Servic statio • Tire s s, se ce storage • Work ps cabinet maker carpenter decorator, electrician, gas fitter, metal worker, paint e ber, printer, pipe fitter, tinsmith, and welder • Pub ' & 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, (ii) 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) 33 H C H a M 1 e t rAo LI 0 M ffi e r C i a 1 n C t (5) Parking (Minimum Standards) Parking shall be provided according to the following (a) Restaurants (b) Hotels & Motels (c) All other uses space per 10 seats ( parking space per guest suite ( parking space per 1,000 sq ft n of gross floor area of the 1* or at the discretion of the ;1 ment Officer 34 24 HI — Hamlet Industrial District (1) (2) (3) (4) of light industrial uses Sly prepared materials ind mechanical • 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) (ii) 10 ft (3 0 m) where abutting a residential district (d) Rear Yard (i) 10 ft (3.0 m) 35 H H a m 1 e t I n d u s t r i a 1 D i s t r i c t U 6 (5) Special Regwrements (a) The operation of all uses shall comply with the em performance standards of the Provincial Governme Officer/Municipal Planning Commission bel' these standards, he or she shall refer the 101 Department for clarification prior to 1 ng a ev4 (b) The Development Officer/M cipal P Con screening and landscaping for es w olve vehicles, building in terials, to in s and o Planning Co may gula ho s of c business will i ct ighb rest ntial uses. (6) Parking 0 (7) ntal and public health qthe Development :)pbsed use may conflict with the appropriate Provincial ment Permit 3sion shall prescribe age of goods, machinery, items The Municipal ition when it believes a Parking r ireme s I de te ine a Development Officer/Mumcipal Planning Commiss at his h d etio , b on the evaluation of each individual application (a) T perm s b on details provided m the application (b) If exp ion takes place, additional permits may be required 36 25. HMHP — Hamlet Mobile Home Park District (1) Purpose and Intent The purpose and intent of this district is to p (2) Permitted Uses • Mobile home parks • Mobile homes • Accessory buildings • Permitted signs A (3) Discretioi • Homf • Parks (4) Mimmun (a) Si In Ris sion, lot means an area surrounding a mobile home parks in a hamlet fully serviced lots 3 000 sq ft (279 m2), Note- all lots in this district must be fully serviced with municipal water and sewer, (n) non - residential uses at the discretion of the Development Officer/Municipal Planning Commission (b) Front Yard (i) 15 ft (4 6 m) for mobile homes (ii) other uses at the discretion of the Development Officer/Mumcipal Planning Commission. (c) Side Yard (i) 5 ft (1 5 m) for mobile homes, (ii) 15 ft (4 6 m) abutting the flanking street on corner lots, (ill) 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/Mumcipal Planning Commission (d) Rear Yard 37 H M H P H a m 1 e t M 0 b 1 ra H 0 M e P a r k D 1 S t r 1 C r (5) (6) (i) (e) Floor Area (i) 800 sq ft (74 m2) for mobile Maximum Limits (a) Height (i) 20 ft. (6. r mo 1 om (ii) 15 ft (. m) r acc s bi (iii) der us at disc of 15 ft (4 6 m) 3 ft (1 m) for accessory buildings , (b) Officer/Municipal Planning or bile homes, efor accessory buildings, discretion of the Development Officer/Mumcipal Planning Parking Mall 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 38 26. HG — Hamlet General District (1) Purpose and Intent The purpose and intent of this district is to provide for0am ' residential and industrial uses m hamlets whose sin uses is such that it is not deemed practical for th u se districts (2) Permitted Uses • None (2) Discretionary Use • All perms • Scho • Ch s • Play ds & • Co qty H • Publi quasi • Grou are fa • Muse s • Camp and • Ceme es • Keeni hors in the & facilities >f hamlet commercial, existing mixture of land cation into several land and HI districts (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 �vrT H G H a M C t LTJ e n e r a 1 D i s t r 27 IL C — HWY — High way Commercial District (1) Pumose and Intent (2) (3) (4) of essential services .opment Officer/Mumcipal Planning Commission. (b) Width of Site (i) 100 ft (30 5 m) or as otherwise required by the Development Officer/Municipal Planning Commission (c) 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 (d) Side Yard (i) 5 ft. (1 5 m) adjacent to residential districts (ii) 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), (iii) one (1) 15 ft (4.6 m) side yard to provide alternate access to the rear of the buildings in a laneless subdivision 40 C H w Y H i 8 h w a Y L 0 M M e r C D 1 S L r 1 C t 5) (e) Rear Yard (i) 20 ft. (6 1 m) or as required by the Planning Commission Special Requirements (a) The exterior finish shall be satisfaction of the Develop; (b) The provisions con 'ned in Commercial dewMents, 6) Parkin Parking mi ire Coms at umcipal or other siding to the uune Commission shall apply to all Highway Development Officer/Municipal Planning evaluation of each individual application M � w k 28. LRC — Local Rural Commercial District L R (1) Purpose and Intent The purpose and intent of this district is to provide for Cor al development w tlun the Municipality, including tounst uses which charge a fµ a (2) Permitted Uses (11 t L • Public and quasi public installati and f iliti(�'.s C (3) Discretionary Uses ODIN • Accessory buildm' • Farm and tnal ac� ery es d s ices • Mark ;ree of � R • Craft re an Ziti One d Y lling a e ry to he Pri al Commercial use u • Confectionery k�k r • Aucti " mart p • Auto eckers {' I ; • Groce? stored,` • Feed mulls a c'seed cleaning plants • Grain ev trs • Signs (4) Minimum Requirements m (a) Site Area m e (i) 1 acre (0.4 ha) or as otherwise required by the Development Officer/Municipal Planning Commission C (b) Width of Site 1 a (i) 100 ft (30.5 m) or as otherwise required by the Development Officer/Municipal Planning Commission (c) Front Yard i for nm highways, as required by Alberta Infrastructure, and () p �' g ' (ii) 100 ft (30 5 m) from the nght -of way of all other roads 1 S (d) Side Yard t (i) 25 ft (7 6 m) r 1 C 42 } (b) prove ned art 11 neral Land Use Regulations of the B w shal pp 11 loc 1 R ercial developments and subdivisions (6) On site p 'ng re . re nt al determined by the Development Officer/Municipal Planning mmis ,.n is discretion based on the evaluation of each individual applicatio E .h (7) Redesigns n o y parcel to the `LRC" — Local Rural Commercial District shall only apply to ediate area required to develop the intended use The approximate boundan be used for redesignation purposes where subdivision is required to legally establis a 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 a 43 61 lq, I1 1 e c r e a t 0 n FC (c) Side Yard (i) 25 ft (7 6 m) (d) Rear Yard (i) 25 ft (7 6 m) (e) Floor Area. (i) 800 sq ft (ii) other usg (5) Maxi (a) (6) Speci for of Officer / Municipal (i) 2 to pe u r s on The balance of the quarter section counts as one lot ub ut ots are not included (a) Se ection 57 of this Bylaw (b) ea designated Recreation District shall be only that portion of the site oposed for recreation development 45 30. 0 for caretaker purposes • B of epot and sales • F er storage and distribution (including ammonia) • 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) 46 S t t I a 1 D i s t r i c t (s) (6) L (e) Floor Area 800 sq ft (74 m2) for a one - family dwelling, other uses at the discretion of the Develop Planning Commission, Maximum Limits Number of Lots to this district. / Municipal 31 CR — Country Residential District (4) (a) Si at rural densities " acre ( 40 hectares) (b) ront 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) (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 ii C 0 U N T R Y R E S D E N T I D i s t r i c r � i (i) 12 ha (3 acres) (b) Number of Sites (i) 15 country residential parcels per (6) Special Requirements (a) Accessory Buildings and Uses (b) (including satellite (i) shall �4( (ii) 1 A hin the fro d, ner t so that side yard which abutts the the e yard, fto the main building by a roof, a floor, or a to be part of the main building h 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 moi than eight feet over or on the nummum front, rear, or side yard, (n) 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 from 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 satisfactie 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 3 (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 comm and a straight line connecting points of each .did 20 feet from the point where they mterse s tr (e) Removal of Vegetation sdge or another such grade in the area of a 1 the street abutting them undaries of a distance of The removal of trees and/or s bs or d ctict , thereof without a development permit s prolub TIk � ' ( Screening ( £` (g) itenal Pit us Idp,. a st ed in weather and animal proof containers acent es n 'c thoroughfazes (i) All '' ob ho tea � e to be factory built with walls of pre finished siding or eq ale as uired by the Development Officer or the Municipal PI ti r ommission The undercarriage of the mobile home shall be i sF,*ened from view (i � 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 `Lf General Land Use Regulations Part VII ►dplain Development Land within 1 100 year river floodplam shall can be provided to cause the area to be raised proofing techniques are employed to to sate. (2) All structures permitted to be const "M in constructed as to resist fl nand ffer increase the flood hazaf€ ' Over (3) The Munici Permit raj all cons applicant, (4) In additioA� o the parcels in e 1 1 (i) (11) �1 I unless sufficient landfill level or other suitable flood velonment Officer be so located, elevated and i to floodflow and shall not nissi s 1 as "' condrtior f'of granting the Development exe ute acknowledgement and undertaking that and cup { on any of them, are at the risk of the is th case " e A caveat will be filed on title ed in Section 8, Development Permit Applications for in shall be accompanied by the following information of the site as prepared by a qualified surveyor or engineer, elevation of main floor of residential buildings as prepared by a qualified seyor 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 33. 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) 34 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) 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 (4) A non - conforming building may continue to be used but the 5, l ing shall not be enlarged, added to, rebuilt or structurally altered except; t (a) as may be necessary to make it a (b) as the Development Officer cabs building, or (c) as provided for � - 'on 9( (5) If a non con Y g butlin < s darr e percent of of b lding bo or rebuilcept i ccor. _ ce with the (6) The use oand or 35 Rural Business q or routine maintenance of the to# extent of more than 75 ►n, the building shall not be repaired r 'riot affected by the reason only of a change of land or building (1) All devel� men ,permits issued for home occupations shall be revocable at any time by the Municipa E R i ng Commission if in its opinion the use is or has become detrimental to the amem , ps 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. 37 38 39. Relocation of Buildings (1) Where a development permit has been granted for the relocatio of a building on the same site or from another site the Development Officer/Mu icipal P mg Commission may require the applicant provide a Performance Bond to e ur letion of any renovations set out as a condition of approval of the permit` (2) All renovations to a relocated building are to �com#te thin one year of the issuance of the development permit The Deveopmenfficer will onitor permits to ensure completion Drainage (1) At the discretion of th&-"�Vev pine Pit �',. ng Commission, the applicant shalr1% quir t rade � el m ch a m r that all surface water will dram from, m ~` to the b ck lie a/or front street (2) The Deve ment 1 cip 1 Pi rpw ommission at his or her discretion may establish cel an u1 m lev ons i s felt that drainage from existing elevations will affec eiahbo ; near . s Agricultural (1) Agricultu lan _ }fin particular, Canada Land Inventory Capability for Agriculture classificat�s 0 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 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) (d) 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 Water wells and private sewage treatment and the lot they service shall be located on (e) Notwithstanding sections (a) and (b) .d ve ler s may be approved when the purpose of the subdivision is t create Mot for con uing agricultural purposes, such as greenhouses, market g dens, fens' e op bons, or sod or tree farms In all cases, however, the maxi` num . r o'.1-1 ots quarter section is two, including the balanc lot W p` lots 1 'r an 2cres in size are desired, the quarter section_ redes ted to gri ultur istrict Coun Residential (a) ped ,pntr dentia� par- os s = be permitted on those lands designated on.m figure B ` :1289 Three Hills Creek Area Structure Plan and on figure:' a 263 0 the Kneehill Creek Area Structure Plan. L ds desi to C tryssidential District on the date of adoption of this B w in We ' y< developed in accordance with the Country Residential Di ,Fl ct of is I aw However, no additional lands shall be redesignated to C try ids "dial District, except as provided for in Bylaws 1263 and 1289 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 54 (a) providing proper services and access to the site, (b) screening, aesthetics and landscaping, (c) control of signage, (d) noise control, (e) a development agreement, wit ; the net to proN IN (f) any other issue deemed neces by tt M ` 'ci �y 40. Highway Commercial Develo , and a Com (1) Highway Comex cial d el went rur eas shaIR limited to t1 developme„ and prov e g . ds o d services to the general ti (2) Proposals $­ lould to efisure (a) tht evelo E ' ens lc'tecjacent to a mayor transportation route I (b) th ievelo #en �rov es suitable accesses /engineered service roa in fere tr ic, or create hazard to traffic and (c) th(qP e N e disposal system and water system are approved by the a�ities 41 Topographic Features (1) Definitions (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 (i) slopes greater than 20% shall not be developed unless otherwise approved by the Development Officer/Mumcipal Planning Commission, and (ii) slopes greater than 15% may require special engiteermg or other treatment to be developed (b) If such isolated features are to be leveled (i) the resulting slopes shall not en fed 2 0, (ii) the contours, leveling, compact sg and othe ngmeenng and environmental aspects shall be satisfa .# ory to D elop nt Officer/Municipal Planning Commission and otheif levan ' u ties (3) Escarpment (a) Esca (91m) gtAfieir widest point shall not be (b) Re oved d� evr scarpient Meadi ions shall result in slopes of no more than 15 4 and 4", o y r � � an 3� % o ining escarpment wall (4) Mirumum °etback �eq _ em f No part o „ y b '1 m U' all be within the following minimum setbacks, unless otherwise approved l the eve opment Officer Loin (a) S ba toes of slopes must be the greater of- (i) 30 ft (9 m) where the slope height exceeds 10 ft. (3 0 m), (rr) 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 42. Signs (1) (2) (3) No sign or sign structure shall be erected without the prior and the occupant of the land in question No sign or sign structure shall be erected where it confused with any authorized traffic sign, signalfi No sign or sign structure shall be approval of Alberta Infrastructure (4) All signs and sign str tidy condition and if or removed (5) Signs dee v The folio g si s without need (a) noillumitt� (3 � 2) in ar a to a of the registered owner obstruct or be highway without prior be kept in a safe, clean and ,n of Council to be renovated on and or affixed to the exterior of any building direction or warning, no more then 10 ft 2 to one per parcel, (b) nogilluriated signs relating to a person partnership, or company practicing a prl *ski 4i, business or trade, no more than 10 ft 2 (3 m2) in area, and limited to one ar ne parcel. and (c) non - illuminated signs relating to a religious, educational cultural recreational club or institution or to a motel or apartment building, no more than 10 sq ft (3 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 '/a 21 and the N '/2 22 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 58 departmental specifications and regulations Adjacent to the highway right -of way no private signs will be permitted Al (9) Adjacent to the Town of Drumheller in the E %2 35 -28 20 W4N ,, nd through Section 26 28 20 -W4M, existing private signs will be allowed to r n. subject to Alberta Infrastructure Guidelines law-3 Parking (1) The number of off street parking space for requirements set out for the land use tricl (2) For multiple use sites 4N requi required for each indi I" , e (3) A par wide 44 Objects Proh (1) No pc (a) or opmt shall be according to the s �' ce is located the calculation of parking 1C sq (14.8m-7 ) in area and less than 8 ft (2.4m) keei o ? e�any Part of a yard in any residential district x nettle, ar wrecked vehicle for more than 14 successive days, Rl r t 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 e (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. Mobile Homes (l) All mobile homes shall be C.S.A approved and may be permitted in an agricultural land use district where a dwellin g is permitted r P t r (2) Mobile homes shall have a permanent foundation ca supporting the maximum anticipated load of the mobile home during all se'.' ut settlement or other movement (3) The undercarriage of each mobile ho shall �� co pletel screened from view by the foundation or by skirting within 30 d of pl m, t of mobile home (4) All accessory structure ` x step ,tios, rches, add ons skirting and storage facilities shall be fact ` re ricat d ' its o f a quality divalent thereto, so that design and co ctio ill 66mplPr the ;_ bile ho�� Additions to a mobile home shall have ion d rtin Uequ` en o that of the mobile home All mobile l homes s be pr de , stepsl I u din o all entrances within 30 days of their 47 Mobile Home (1) Mobile hone parl4sha1 onlbe permitted in hamlets (2) Mobile hoe pas shall have a minimum area of 2 acres (3) Each moome park lot shall be provided with a durable base on which the mobile homes 1 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 48 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 infill 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. 60 49 Intensive Livestock Operations (1) All applications shall be evaluated for environmental sensitivity Code of Practice for Responsible Livestock Development and 1 successor documents thereto In the event that a develo m r Code, appropriate changes to management practices p en( the owner's expense The application may be circulated to comment All applications shall be for a technical evaluation (2) The Mimi applied to intensive' 15 (c) the Develope `;'-of RN Section 1 ) are ture, ring regard for the .ire Management and not comply with the .ions may be required at for review and and Rural Development ation ) fo " "' ula fronOW of Practice will be ensiv ive " ck cility or the expansion of an existing or ne ope do thin the size ranges specified in Section that t e M situated on land owned by the individual not meeting the size requirements as stipulated in be the owner of their own MDS A varianc o th D9 distances may be allowed if unique topography and/or micro - climate, v3, w reening, prevailing winds, or unique management/technology (i.e composti ) ° educes the potential for nuisance conflicts All requests for a variance shall be circulated to Alberta. Agriculture, Food and Rural Development for their comments (3) 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 and Code of Practice (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 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 jhe Code of Practice, (b) a hydro - geology report which confirms that there is w lent water for the present and estimated needs of both the proposed dep S uK nt d neighboring wells If the report shows that there is a concern alri urces may be approved if demonstrated to be suitable (c) a drainage plan prepared by a 'ofessi ale gmee der his seal, which shows the elevation and potential dr ge pa. rn or th urface waters on the lands where the proposed evelopt is to +htruct (d) a traffic impa d k:' utlim g k am t of vehi traffic to and from the propos evel e and cre'd cost fo lie construction maintenance recn o abate ent an impacted road (7) The Muni€ al Pl ' in iss 'n in ire that a development agreement be entered in as a c it n de = lop X "n t permit being issued This may involve the applicant , sting sun " re t to the development and paying for the construction, maintenar, re co �}on irdtst abatement on any impacted roads (8) The Muni b" al Pl#AniRK6mmission may require, when made necessary by the location or the result ; f the6ngmeermg studies relating to soils and water that above ground storage tanks be r '" ui in place of lagoons or other acceptable means of manure storage The engmeere.::: awings for the site, under the seal of an engineer, may be required (9) The Municipal Planning Commission may require that commercial vehicular traffic be limited to certain roads when gaining access to and from an intensive livestock operation (10) The Municipal Planning Commission may also require the following as a condition of a development permit being issued Periodic inspections will be undertaken by the County to ensure compliance (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 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 utilization of manure and disposal of dead animals in accordance with the Regulations Regarding the Destruction and Disposal of Dead Animals, 62 (d) conditions respecting the utilization of manure that are in compliance with the Code, The operator shall ensure that the manure stays on the lds on which it was disposed Land application of animal manure shall,,,,,- er meteorological, topographical, soil conditions and applicatio t' d rte to avoid watercourse or groundwater contamination The sustama o anure shall include the total crop management system To keep w nth eco ended application rates, sufficient land must be available for s admg As ,` minimum, records of the following information must b ` ept by lose m co 1 of land where manure is to be applied; 1) the date whe manure `c�im the ion w applied, 2) the vol ' '" " weigh man ap lied t(', ach field, 3) the leg catio o ry ach Id, , 4) size th eld ( ects), ' 5) is o of amp g o� he l�d prior to applying the manure (See co Atioi l or de iIs) 6 an r imp N, P, an 'the manure applied 7) �t the ° rsc 6 s t ho the ansferred or sold their manure, the date of the tr ' r s an �the amount transferred or sold (e) R lar so,. hest�y is equired annually on lands used for spreading purposes with re `� Its „ a� - le upon request to monitor levels of nutrients nitrogen and Ph pho and not allow nutrient levels to build up to excessive levels [this in ild xtractable nitrate nitrogen (NO3 N) and extractable ammonium (NH4 N) fr soil depth of 0 60 cm (0 24 in.), extractable phosphate phosphorus (PO4 P) using the Modified Kelowna method from a soil depth of 0 -15 cm (0 6 in ) soil salinity based on Electrical Conductivity (E.0 ) of a saturated paste extract, soil potassium and sulfur, soil texture one time analysis.] This information shall be used as a basis for a nutrient management plan (f) the applicant pay all engineering and consultant fees which may arise out of an application, and legal fees associated with compliance or noncompliance with a permit (g) any other conditions as the Municipal Planning Commission considers to be appropriate to ensure compliance with the Code of Practice, (11) The County encourages an odor control program using appropriate technologies (12) The County encourages operators to meet with the neighbors to explain the development plans (13) This Bylaw requires that seven (7) months storage volume be provided for manure wash water and water spillage (14) Manure shall not be spread on land within 1500 feet of any residence unless (a) the written permission of the owner of the residence is obtained, or 63 (b) the manure is incorporated within 24 hours, or (c) the manure is injected (15) Restrictions on the Location of Intensive Operations (a) no new intensive livestock operations shall nearest boundary of an urban centre or haxc (b) this bylaw limits the maximumk(on operations as follows one mile of the at _ y given time) size of intensive (i) beef finisher —10,00 ad x (ii) beef fee t 50 (iii) hogs f '` t* inish so (iv) begs f t ean Os s (v , ed�s ,000 eed ( ho a urse 7,:_0W rs (v' , othop s or ° ixed i site specific and subject to Municipal P n `'n # e iss vn a oval � i �� PP (c) 'n revie� o n a �at on for a development permit, the Municipal Planning C issij wi on der the location of the proposal relative to surrounding large in '�� sive sera f s. Kneehill County believes that large operations should be se ate " Without appropriate separation, problems relating to traffic, dust and nu,-,," complaints can occur As well, there may be insufficient land in close p ty for the spreading of manure When evaluating a development permit, the Municipal Planning Commission may refuse an application if it feels that approval would result in an inappropriate separation of large intensive operations The following is Kneehill County's definition of large intensive operations (i) beef finishers 5 000 to 10,000 head (u) beef feeders - 8,000 to 15,000 head (iii) hogs farrow to finish 300 to 600 sows (iv) hogs farrow to wean — 600 to 1200 sows (v) hog feeders 2,000 to 6,000 feeders (vi) hogs nursery 5 000 to 7 500 weaners (iv) other operations or mixed sites — site specific and subject to Municipal Planning Commission approval i) Need for New Permit 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 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 .M SO Shelterbelts & Fences (1) Shelterbelts and fences of at least 6 ft. in height shall be set back 135 ft (41 m) from the right -of -way of a primary highway and 35 ft (10.67 m) from t right -of —way of all local roads with the exception of an intersection where the requi e back will be 100 ft (30.28 m) (2) Along primary highways, shelterbelts and fe of aas t ft in height shall be set back as required by Alberta Infrastructure d the elopment fficer (3) Notwithstanding the above, shelter be : at f to shall` quire a set back distance at the discretion of the Develo ment O r in c tion h the local member of Council Sl Campgrounds (1) All dev . menu call a the c enteal F nit Regulations and other appropriate SZ Local Rural (1) For Local ural Crnmcial Development the following criteria shall apply to each (a) th 4_eyi ment is located adjacent to a good quality all weather road, (b) mess otherwise approved by Development Officer/Municipal Planning Commission the development is located at least 1500 ft (457 m) measured along the road, from (i) any bridge or structure crossing the road, and (ii) the intersection of the road with any other road with the exception of a primary highway (c) the development is located at least 0.5 miles (0 8 km), from any primary highway If multiple enterprises are included in one site an Area Structure Plan will be required (d) The development provides suitable access and/or service roads so as not to interfere with traffic, or create a hazard to traffic, (e) In approving any developments that require upgrading of municipal roads to give proper access to the development, the applicant shall pay for the upgrading of the road in compliance with the County's current road building policy, (f) The sewage disposal system and water system are approved by the appropriate authorities, 65 (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 53 Auto Wreckage Site {; (1) In addition to the criteria contained in Section 52 of thbBy" "Idw, Auto Wreckers must also comply with the following E E ,f (a) they must be located a least 0 51piles i8 kij) from bny existing residence (except that of the owner) or any highway; } . (b) the site shall have,a -' aximuT gpa of 5 acres (2 0Z ha) for storage and must be completely ferieod artdjscreer "ed�by a type offence approved by the Development Officer to a heig�i of?.8 feet (2 4 qtr ), t (c) all vehicles mus toredvvithiil'the driclosure and maintenance of the site should begin accord411 any 9tandaids deemed necessary by the Municipal Planning Commission. ' f F ki 54 Bed and Breakfast Establishments (1) Signage for" a bed and breakfast establishment shall be accordance with Section 42 (2) The only imeatto be provided to registered guests shall be breakfast No food preparation or cooking for' guest shall be conducted within any bedroom made available for rent (3) Minimal exterior modification of the structure or grounds may be made only if such changes are compatible with the character of the area or neighbourhood (4) In order to ensure that bed and breakfast establishments operate as transient accommodation rather than a rooming house, the maximum length of stay of a guest at one particular establishment shall not exceed 14 days or 60 days in any one calendar year (5) The operation of the bed and breakfast establishment shall be subordinate and incidental to the principal use of the residence (6) Off street parking shall be provided with a minimum of one stall per owner plus one parking space per guest room. 55. Dwelling Units per Lot The number of dwelling units permitted on a lot is one For lots greater than 80 acres two dwelling units are permitted 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 66 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 fee, om any side or rear property line All side slopes should not exceed a slope of 3 1 on sides These requirements also apply to the construction of large fishpond e s or agricultural parcels Dugouts are defined as man-made bodies of water that a ari ` used for agricultural purposes Landowners are encouraged to look at the ssib1 o ncmg for safety reasons �i 57 Recreational Trails F: (1) Development permits for recreational is wr nsidj",', by the municipality on lands designated as Recreatioct. (2) In those cases where a vel ment it apt ication cox s an abandoned right -of way the De r �ent Tic /Mu ip 1 ng Co ission may impose any condition that rela�Ao pro pi cons dera ns a Development Officer/Mumcrpal Planning , +mmis� n p appr nat may include, but not be limited to the following access t '. e t d a acen °' s signage, garbage disposal, range of activities ' amten e, " s ce d I ilrty, and public safety No permits will be issued unt them ci itv a ied that these issues have been addressed (3) The Devementffiunicnpal Planning Commission may refer any development permit ap ' catno� core enrung an abandoned railway right of way to the relevant federal an d provr�ialernment departments for comment (4) If the De opment Officer/Municipal Planning Commission has a concern regarding the environmental impact of a proposed development in an abandoned railway right -of -way, the Development Officer/Municipal Planning Commission may require the applicant to provide an environmental impact assessment in a form satisfactory to the Development Officer/Mumcnpal Planning Commission. (4) If the Development Officer/Municipal Planning Commission has a concern regarding the environmental state of an abandoned railway right -of way that is the subject of a development permit application, the Development Officer/Municipal Planning Commission may require the applicant to provide an environmental report in a form satisfactory to the Development Officer/Mumcrpal Planning Commission. 8 Livestock Allotted per Acre on Residential Parcels (10 Acres or less) (1) The keeping of horses cattle and/or sheep with the maximum number of any combination thereof being 2 head of such livestock for the first 12 hectares (3 0 acres) of land and 1 head for each additional 0.809 hectares (2.0 acres) or the keeping of under 20 chickens, ducks, or rabbits 67 . a Land Use Maps Part VIII to