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HomeMy WebLinkAbout2001-08-15 Council Minutes• Kneehill Mm 0 -u... C j Ont Y I Land Use Bylaw No. Draft Revised August 15, 2001 PART I PURPOSE & DEFINITIONS ............ ............................... 1 Purpose .... .................... ............................... ... ............ 2 Definitions .. ....................... ........... ......... ............ PART II ADMINISTRATIVE AGENCIES ........................ 3 Development Officer ........................... .. ...... `,....... 4 Subdivision and Development Appeal Board ......'.......... 5 Municipal Planning Commission .............. ........ PART III DEVELOPMENT PERMIT APPLICATION ..... 6 Control of Development . ............. 7 Development Permit Not Required. 8 Application for a Development Pen 9 Deciding on Development Permit A 10 Development Permits & Notices .... 'ART IV APPEALS ... ............................... 11 Appeal Procedure ..................... 12 Appeal Hearing ...................... ...!'.. 13 Decision ............. ........................ PART V ENFORCEMENT & is .............................................................. ............................... 4 ............. ............................... .............. ............................... 4 .................................................. ............................... 15 ............................ ............................... 15 ............... ............................... 15 ............................... 15 ............. :, ............................................................ ............................... 16 ...................................................... ............................... 16 16 ........... ............................... 17 17 Land Use Bylaw No. 1061 .............. .............................. ........... .......................................................... 17 .............................................. ............................... ........................... 20 ........................................... ............................... 21 ...................... ............................... 21 ' ............. .. .......... .......................... ...................... 21 >: .......... .......................... ............................... 22 .................................................................................. ............................... 23 14 Orders of Compliance....., ......... ..... .... ...... .......... ......... ............................ ................... .................. ............................... 23 15 Enforcement ............................. .............................. ..... ......... .................................................................... .............................23 24 16 Amendments to the Bylaw ........ .................. ........................ ............................... ............................ ............................... 24 17 Land Use Bylaw No. 1061 .............. .............................. ........... .......................................................... ............................... PARTVI LAND USE DISTRIC` TS .................................................................................................................... .............................25 18 Districts ........................ :......................................... ....... ................................................................................... .............................25 25 19 District Boundaries ... .:.............................. .......................... . .............. I... ....................................................... ............................... 27 20 AC — Agricultural Conservation District ........... ................. .... .. ................................................................... ............................... 29 21 A — Agricultural District ......... ............................... .......... ........ ..................................................................... ............................... 31 22 HR — Hamlet Residential District .. ................ ....... ................ .. ....... .. ........... ....................................... ............................... 33 23 HC — Hamlet Commercial District . ............................... ........... ............................... ..................... ................... ............................... 35 24 HI — Hamlet Industrial District ......... .. ...... ................ ....... ............................ ............................... .............. ............................... 37 25 HMHP — Hamlet Mobile Home Park District .. ................................................................................................. ............................... 26 HG — Hamlet General District ....... ............................... ........... ....... ............................................................. ............................... 39 40 27 C — HWY — Highway Commercial District .................. ............. ... ............................... ............................... ............................... 42 28. LRC — Local Rural Commercial District ........... ............................... ............................................................. ............................... 44 29 R — Recreation District ..................... ........................................................................................................... ............................... 46 30 1— Industrial District.... . ............................... .......................................................................... ................... . ............................... .. ............................... 48 31 CR — Country Residential District ............................ ....................................................................................... PARTVII — GENERAL LAND USE REGULATIONS ..................................................................................... .............................51 32 Floodplain Development .......... .... .. .................... ............................... ................. ............................................................ . ... - - 51 33 Development Near Water ........................ . ......... ....... .......... ............................... ........................... .. ..... 51 34. Non - Conforming Buildings & Uses ... ................ ... ...................... .............................................................. ............................... 51 2 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52. 53 54. 55 56 57 58. RuralBusiness Occupations ......................... ......................................................................................... ............................... 52 Relocationof Buildings ....... ........ .. ... ............................ ... ..... ..... ............................... ................... ............................... 53 Drainage............................ ............................... ............................................................................................ .............................53 AgriculturalLand ............................. ................... ............................... .:.... ................. ........................ ............................... 53 Rural Subdivision and Development Policies .......... ............................ ................. ................................ ............................... 53 Highway Commercial Development ................ ....... .... ..:... ........................................................ ............................... 55 TopographicFeatures .............. ............ . ....................... t...:.,...... .................................................. '......... ............................... 55 58 Signs........... . ............................... ........ ...................................... ... ................................................. ............................... Parking......................... ...... ............................... ...... !. ...................................................................................... .... 59 Objects Prohibited or Restricted in Yards ............... ..!.. ,' ...... , ............................ ........................... ............................... 59 SiteDevelopment .............................. ...... ........................... ....... ; ...... ............................ ............... ......... ............................... 59 MobileHomes ............................................ ..........4..........;.'':..... ... ,.... ............................... ....................... ............................... . 60 Mobile Home Parks ........ ..... ............................... 60 HamletDevelopment .............. ................. ', .. .... ................... ............................... I .............. .............. 60 61 Intensive Livestock Operations. . ..... .. .. .... ..................................... ............................... . . Shelterbelts& Fences . .. ' ........................................................... ............................... 64 Campgrounds............................................. ..... ....... 64 Local Rural Commercial Development :.. F 4 .... ..:.............. ....... .................................................. .............................65 Auto and Equipment Wreckage Site ........1 ......t.:............ ............................................................ ............................... 65 Bed and Breakfast Establishments. ............... ...... ..................................................... ............................... 66 DwellingUnits per Lot ............ 3i:,... ° .... ....................................................................... ............................... 66 Dugouts........................ t ........ ................................................................. .............................66 66 RecreationalTrails ........ ......... .... ... ... ..... ...1.. ........................................................................... ............................... 67 Livestock Allotted per Acre on Residential Parls (10 Ages or less) ......... ...................................................... ............................... PART VIII — LAND USE ............................ ............................... 68 3 Part I - Purpose c 1 Purpose The purpose of this Bylaw is to regulate and buildings within the municipality to achieve 2 Definitions In this Bylaw "Act" means the Municipal GovernmentrAc "Accessory Building" or `accessory use' m Development Officer is subordinate or incid same site Purpose & Definitions Part I tions ntiol the use and development of land and derly and economic development building or use which in the opinion of the the principal building or use located on the "Agricultural Operation" means an agricultural activity conducted on agricultural land for gain or reward or in the hope or expectatidri of gain or reward, and includes (i) the cultivation of land, (ii) the raising of livestock, including game production animals within the meaning of the Livestock Industry Diversification Act and poultry, (iii) the raising of fur - bearing animals pheasants or fish, (iv) the production of agricultural field crops (v) the production of fruit, vegetables, sod, trees shrubs and other specialty horticultural crops (vi) the production of eggs and milk, (vii) the production of honey (viii) the operation of agricultural machinery and equipment, including irrigation pumps, and (ix) the application of fertilizers, manure insecticides, pesticides, fungicides and herbicides including application by ground and aerial spraying for agricultural purposes "Airport" means an area of land or water, including the frozen surface thereof, or other supporting surfaces used or intended to be used either in whole or in part for the arrival and departure or servicing of aircraft and includes any building, installation, or equipment in connection therewith for which an airport license has been issued by Transport Canada. 4 Ii "Animal Wastes" means poultry or livestock excreta and associated feed losse water and other production by- products "Average Working Capacity" means the average round basis "Area Structure Plan" means a statutory plan and development of an area. "Basement" means that portion of a of its height from finished floor to fii "Beekeeping" means the "Better Agricultural Land" meansCaa classifications 1 to 4 The C.L.I. rating i assessment records or other detailed, soil "Boarding or Lodging House" means rooms are rented to three or more person but does not include a hotel, motel, rests ich' is ao of'!m J Inv to cc of the livestock framework for subsequent subdivision y underground but which has two feet adjacent finished grade honey Capability for Agriculture ition from site inspection, land ing where meals are served for remuneration or including the occupant and his immediate family cafe coffee shop, drive in refreshment stand or other similar use "Building" includes any thing constructed or placed on, in, over, or under land but does not include a primary highway or a public roadway or a bridge that forms part of a highway or road "Campground" means a recreational development for the purpose of providing temporary accommodation for recreational vehicles or tents A campground is not construed to mean a development for the purpose of accommodating long term or permanent occupancy by recreational vehicles or mobile homes Temporary is defined as accommodation for a period of less than thirty (30) days "Catch Basin" means any excavated dike or walled structure or combination of structures designed to intercept and temporarily store run off water contaminated by animal manure, washwater, or associated wastes "Corner Parcel" means a parcel having frontage on two or more streets at their intersection. "Council" means the Council of Kneehill County "Country Recreational Lodge" means a country recreational centre which provides for the short term or occasional lodging and boarding of patrons and may include a guest ranch or similar development with a central services building with or without guest cottages, and including accessory facilities or other services operated incidentally only as a service to principal use and intended for patrons of the recreational development, but ex( campgrounds, motels, hotels, or the use of lodging facilities for permanent hat other than caretaker purposes "Country Residential" means a dwelling or mo principally for private residential purposes withii "Development" means an excavation, bt or a change in the intensity of use of land Act "Development Officer" means t Bylaw and /or a municipal plannii "Development Permit" means a "Discretionary Use" means a us of the Development Officer "Duplex Dwelling" means a resi me situated on a parcel of land used ierwise rural area. ldrtkon to change of use of land or a building, as specified in the Municipal Government any officer established in Section 2 of this issued under this Bylaw permit may be issued at the discretion containing two dwelling units "Dwelling" means a residential building containing one dwelling unit and supported on a permanent foundation, including modular or pre fabricated houses, but not including mobile homes of any kind, whether standing on a permanent foundation or on wheels hacks blocks or other temporary foundation. "Dwelling Unit" means "a building or a self contained portion of a building for the residential use of one or more people - living 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 raising or production of crops or livestock, but does not include for the purposes of this bylaw such specialized uses as commercial feedlots, intensive livestock operations beekeeping livestock sales yards, sod farms, plant nurseries or 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 employees and sub( "Feedlot" means an enclose livestock in confinement for t. uding farm residences by a person engaged at least six Subdivision Approving Authority of a parcel elated improvements which normally are nor business employing no more than two is the main use of the same parcel of land or without ancillary buildings, for feeding es, 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,prevent 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 7 Greenhouse" means a building designed and used for the growing of vegetables flowers and other plants for transplanting or for sale "Groundwater" means all water under the surface of "Group Care Facility" means a facility which to the proprietor These individuals are handic, rehabilitation and are provided services to meet ident services to individuals unrelated or disabled, or undergoing "Height" means when used with reference'to a building or structure, the vertical distance between a horizontal plane through grade level and a horizontal plane through (a) the highest point of the roof in the case of a building with a flat roof or a deck roof; (b) the average level of a ;one -slope roof, (c) the highest point in the case of a pitched gambrel, mansard, or hipped roof "Hotel" or "Motor Hotel" means a building used primarily for sleeping accommodations and ancillary services provided in rooms or surte� of rooms which may contain bar/kitchen facilities "Industrial Park" means the development of three or more contiguous parcels of land for industrial purposes "Intensive Agriculture" see livestock facility "Intensive Livestock Operation" means the concentrated rearing or confinement of livestock at densities outlined by Alberta Agriculture, Food and Rural Development but does not include the confinement or wintering of livestock in a farming operation "Intensive Vegetative Operation' means a system of tillage for the concentrated raising of specialty crops including, but not limited to tree farms greenhouses, plant nurseries, sod farms, and similar uses "Kennel" means any place where three or more dogs and/or cats over six months of age are maintained, boarded bred trained or cared for remuneration or sale "Lane" means a public roadway usually less than 10 metres (32.8 ft ) wide providing secondary access to one or more parcels "Livestock" means cattle, horses, sheep, goats, swine or domestic fowl and other types of animals reared for commercial purposes "Livestock Facility" means buildings shelters fences corrals or other structures which confine or would be capable of confining livestock for feeding and rearing purposes (a) For the purposes of determining the requirement for a development permit and applying the standards of the land use bylaw, an intensive livestock facility is defined as follows 1 Any feedlot or covered facility of significant investment or permanence, capable of confining the minimum number of livestock set out in the table below for growing or finishing for market TABLE 1 INTENSIVE LIVE §TOCK'.OFERATIONS — MINIMUM SIZE Livestock Type Threshold Livestock Type Number Threshold Number Beef Finishers (900 -130Q lbs.} `, : 300 Beef Feeders (450- 9001bs.) 400, 'Horses (feedlot) 100 Feeder Cows 200 Poultry (broilers) 920 m Feeder Calves ;400 Poultry (breeders) 500 Dairy Caws (miikin) E All Poultry (layers) 5000 Swine (farrow - finish) 30, ; Poultry (turkey broilers) 3000 Swine (farrow-wean) 50 ' Feeder Lambs 600 Swine (feeders only) 1,300 Goats (Dairy) 100 Swine (weaners)' 500 Other Discretionary 2 Density of Confinement Livestock housed at a density of more than 1 livestock manure unit per 90 m2' (968 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 (c) Livestock Siting Unit (LSU) — A means of comparing the odour potential of livestock facilities based on livestock type manure production, and manure handling system The Livestock Siting Unit is the basis for the Minimum Distance Separation (MDS) method (d) Manure Storage Facility — A tank or area with or without a prior to the manure being used mobile equipment used for ,trai (e) Seasonal Livestock Feed and sheltered Animals at feeding "Main Building" means a building in wJ which it is erected "Minimum Distance Separation" mean livestock facility (source) and adjacent 1a nuisances The LSU is the base unit'for c ;rvoir catch basin, earthen storage, erm, for containing livestock manure It does not include a vehicle or any disposal of livestock manure — An oVerwmtering area where animals are fed I-s are primarily sustained by supplemental is conducted the main or principal use of the site on or buffer established between an intensive (receptors) to minimize odour and other Ling separation recommendations "Mobile Home" means a transportable single family dwelling unit suitable for long term occupancy, constructed on a: permanent steel beam, designed to be transported and upon arrival at the site is, apart from incidental operations such as placement on foundation supports and connection to utilities, ready for occupancy Mobile homes are constructed to CSA Standards Z240 "Mobile Home Single- wide" 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 io 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 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 Industi sand, gravel, limestone coal petroleum into a raw marketable form "Non conforming construction at the c the requirements of "Non conforming Us to be made of a buildii which does not or will "One- family Dwe semi detached one "Parcel" means the described in a certif policies for the future Planning Commission appointed tion of natural resources such as clay, and may include primary treatment a building ;lawfully constructed or lawfully under comes' effective and which does not or will not comply with as a lawful'specific use being made of land or a building or intended Lilly under construction at the date this Bylaw becomes effective, and uply with the requirements of this Bylaw as a building containing one dwelling unit, but does not include to of one or more areas of land described in a certificate of title or title by reference to a plan filed or registered in a land titles office "Permitted Use" means the use of land or of a building which is listed in the column captioned "Permitted Uses" in the lists of Permitted and Discretionary Uses appearing in this Bylaw and for which when it meets the applicable provisions of this Bylaw a Development Permit shall be issued "Primary Highway" means a primary highway designated by Ministerial Order pursuant to the Public Highways Development Act. "Principal Use" the main purpose for which a parcel is used "Private Schools" means an educational facility regulated and approved by the Minister of Education and is classified as a Category 1, 2 or 3 facility under the Private School Regulations pursuant to the Development of Education Act 11 "Public Schools" means an educational facility regulated and administered by the Golden Hills Regional Division No 15 "Public or Quasi public Building Facilities and L building which is used by the public for the purpose enlightenment or for a communal activity, but does, i entertainment for which an admission fee is custom, building as defined in the Municipal Government A, maintains its office or offices and/or maintains or,, he the public utility "Public Use" means a facility or site owned or instruction, culture, community service of publ "Recreational Area" means an area: of land' us Activities may include, but are not linrted°16 w country skiing, and riding of all terrain vehicle "Retail Store" means a building where merchE reasonably sufficient ns" includes a church or any bly, instruction, culture or t a school, or place of public ;ed In addition it includes a h the proprietor of a public utility equipment used in connection with public agency for purposes of by the public for recreational purposes mg running cycling, horseback riding, cross snowmobiles Ilse is offered for retail sale and is stored only in retail needs "Rural Business Occupation" means any occupation, trade, profession, or craft carried on by an occupant of a residential building or,,',farm residence as a use secondary to the residential use of the building, and which does not change the residential nature of the building nor the neighbourhood or have any exterior evidence of such secondary use other than a small name plate Signs exceeding 2 sq ft. in size will require a separate permit "Screening" means a fence, wall, berm hedge or other barrier providing visual and/or acoustic separation of sites "Seasonal Livestock Feeding Site" means an overwintermg area where mature breeding animals and their unweaned young 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, 12 notices, panels boarding and banners but does not include signs less than 32 square feet in size erected for a short period of time, including realtor for sale signs, and election and polling station signs Real estate signs must be removed within 15 days of the transaction and any other temporary signs are to be removed within 15 days following -the advertised event (a) "Area of Sign" means the total surfac�;area within the outer periphery of the said sign and in the case of a sign compri d of individual letters or symbols, shall be calculated as the area of a rectangle enclosing the letters or symbols Frames and structural members not bearing adyertismg� matter shall not be included in computation of surface are (b) "Billboard" means a structure primarily self supporting, which is used for the display of general advertising, the „sulaect chatter of which is not necessarily related to the use or ownership of the property on which the structure is located, (c) "Fascia Sign” means a sign placed flat and parallel to the face of the building so that no part projects more:than one foot from the building, (d) "Free - standing Sign" means a sign on standard or column permanently attached to the ground and which is not connected in any way to any building or other structure, (e) "Projecting Sign" means a sign which is attached to a building or structure so that part of the sign projects more than one foot from the face of the building or structure; (f) "Roof Sign" means any sign placed on or over a roof "Site" means (a) a quarter section or (b) a river lot or settlement lot shown on an official plan referred to in Section 32 of the Surveys Act that is filed or lodged in the Land Titles Office or (c) a part of a parcel where the boundaries of the parcel are separately described in a Certificate of Title other than by reference to a legal subdivision or (d) a part of a parcel where the boundaries of the part are described in a Certificate of Title by reference to a plan of subdivision "Subdivision and Development Appeal Board" means a subdivision and development appeal board appointed pursuant to the Municipal Government Act. "Temporary" means a period of time up to 1 year, unless otherwise specified "Unsubdivided Quarter Section" means a titled area of 160 acres (64 7 hectares) more or less but excluding previous subdivision for road widening, school sites and other public and quasi public uses "Utility" means any one or more of the following 13 (a) systems for the distribution of gas whether artificial or natural, (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 (e) systems for electrical distribution and lighting, (f) systems for telephone & Cable TV: distribution "Watercourse" means the bed and shore of a nver, stream, lake, creek, lagoon swamp, marsh or other natural body of water, or a canal, ditch, reservoir or other man made feature, whether it contains or conveys water continuously or;ipterri�ittently E "Yard" means a part of a parcel upon or over which no main building is erected "Yard — Front" means that part of the yard extended across the full width of a parcel which is between the main building and the front linen "Yard — Rear" means that part of the yard, extended across the full width of a parcel, which is between the main building and the.rear parcel.boundary HI "Yard — Side" means that part of the yard which is between the front and rear yards and between the main building and the side parcel boundary All other words and phrases mean the same as they do in the Municipal Government Act, or the Subdivision and Development Regulation Where words and phrases are not defined, they are given their common dictionary definitions 14 Administrative Agencies Part II Part II - Administrative Agencies 3 Development Officer (1) The Office of the Development Officer is hereby established and shall be filled by a person or persons appointed by Council (2) The Development Officer Shall (a) receive, consider and ,decide on all applications for a development permit (b) refer at his or her discretion permit appheation for comments to those authorities whose interest or jurisdiction may be affected, (c) keep and maintain for the inspection of the public during office hours, a copy of this Bylaw and all dmend rents thereto and ensure that copies of same are available to the public at a reasonable charge, (d) keep a register of all applications for development including the decisions thereon and the reasons therefore, and all orders for a minimum period of seven (7) years 4 Subdivision and DevelopmentAppeal Board The Subdivision and Development Appeal Board established by Bylaw of the municipality of Kneehill County shall perform all duties so specified in that Bylaw 5 Municipal Planning Commission The Municipal Planning Commission established by Bylaw of the municipality of Kneehill County shall perform all duties as specified in that Bylaw 15 �R � U 7 Development Permit Application Part III Control of Development No development other than that designated in Section municipality unless an application for it has been apprt issued Development Permit Not Required (1) The carrying out of wort works do not include st (2) The erection or ct on corner lots or in front yards and and other alterati( only to hamlets) (3) The coml begun on (a) is (4) (5) (6) (7) (8) a or repair to any or major works nil within the ;nt permit has been provided that such ruction of gates fences walls or other means of enclosure (other than re abutting ono road `used by vehicular traffic) less than 3 ft in height s than 6 ft in side and rear yards, and the maintenance, improvement of any gates fences or walls or other means of enclosure (applies building which would be prohibited by this Bylaw, but was lawfully ►e date of the first official notice of this Bylaw provided the building within 12 months of the notice, and (b) complies with any development permit issued for it The use of a building referenced in subsection (3) for the purpose for which construction was started 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 The maintenance or repair of public works, services or utilities carried out by a federal, provincial or municipal government 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 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 Development Officer shall prepare such forms and notices as he or she may deem necessary (2) Any such forms or notices are deemed to have the full farce ;and effect of this Land Use By law in the execution of the purpose for which they were designed, authorized and issued (3) An application for a development permit shall'be made to the Development Officer and shall be accompanied by (i) a site plan showing the legal description` and the front; ;rear and side yards if any and any provisions for 'off street loading and vehicle parking and access and egress points to the site; (ii) floor plans and elevations and sections if required by the Development Officer (iii) a a (iv) a statement of ownership of land and interest of the applicant therein (land title) (v) the estimated commencement and completion dates, (vi) the estimated cost of the project or contract price, (vii) 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 (2) The Municipal Planning Commission shall (a) decide on applications for a development permit for those uses listed as discretionary uses for the relevant district (b) approve the application unconditionally or impure conditions considered appropriate permanently or for a limited period i of time or refuse the application (3) The Municipal Planning Commission may approve an application for a development permit where the proposed development does net ca ly with the required front, side rear and /or floor area of any district in thisaBylaw of is a non c6nforming building if, in the opinion of the Municipal Planning Car' nmission: (a) The proposed development would not (i) unduly interfere with= the amenities of the neighbourhood or (ii) materially interfere with or' affect the use, enjoyment or value of neighbouring parcels of land, and the variance does not exceed 75% of the front, side, rear yard' and /or floor area requirements in any district prior to January 1, 1999 (b) The; proposed development conforms with the use prescribed for that land or ouuamg in zms; tsyiaw (4) Where the proposed use is not listed in a land use district, the Development Officer or the Municipal Planning Commission may consider it to be so listed if, in their opinion, it is sufficiently similar in character and purpose to a listed use (5) The Municipal Planning Commission may require, as a condition of issuing a development permit the applicant to enter into an agreement to construct or pay for the construction of public roadways or parking facilities, to install or pay for the installation of utilities and/or to pay an off site levy imposed by Bylaw This may involve the applicant posting security with respect to the development and paying for construction, where the development requires a road or traffic infrastructure improvement specifically to accommodate the development The applicant for a development permit may be required to provide dust control adjacent to existing residences located on roads impacted by the development The Municipal Planning Commission may require that commercial vehicular traffic be limited to certain roads when gaining access to and from a site (6) If a development permit application is refused, the Development Officer need not accept another application for the same or similar use on the same parcel for six months after the date of refusal (7) If a decision is not made on a development permit application within 40 days after its receipt by the Development Officer the applicant may deem it to be refused at the end of the 40 day period, unless the applicant for a development permit enters into an agreement with the Development Officer to extend the 40 day period The 40 day time period begins when the application is deemed complete by the Development Officer 18 (8) (9) (10) (l 1) The Development Officer or Municipal Planning Commission may issue a temporary Development Permit, for a period not exceeding one year 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 (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 development permit by 15% of the approved setback, (c) otherwise requirethe; issuano of a development peter for reasons of safety, hazard or general,public concern, `pr additional relaxation The Development Officer or the Mumcial Planning Commission may by notice in writing suspend a Development Permit where development has occurred in contravention to the terms of the permit and/or Land Usk Bylaw 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 (a) grant a relaxation of development standards by up to 40% without the issuance of development permit where no permit has been issued for development prior to 1985, (b) grant a relaxation of a previously approved development permit by 15% of the approved setback (c) otherwise require the issuance of a development permit for reasons of safety, hazard or general public concern, or additional relaxation (12) The Municipal Planning Commission may approve an application for a development permit notwithstanding that the proposed development does not comply with this Bylaw or is a non - conforming building if in the opinion of the Municipal Planning Commission (a) the proposed development would not (i) unduly interfere with the amenities of the neighborhood or (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 (13) Applicants for development permits will acknowledge that in a rural municipality issues related to dust, noise, and odour will arise and these issues are part of living in a rural area. Similar notices will also be published by the County at regular intervals throughout the year and be included on compliance certificates issued by the County 19 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 (3) When a permit has been granted thebe,%�elopment Officer'shall (a) immediately post 'a notice of the decision conspicuously on the property for which the application has been made, and/or (b) a notice in writing shall be immediately marled to all registered owners of land who in the opinion of the Development Officer may be affected and /or (c) a notice shall be immediately published in a newspaper circulating in the municipality stating the location of the property which the application has been made and the use approved (4) If the Development authorized by a permit is not commenced within the 12 months from the date of its issue, or carried out with reasonable diligence the permit is deemed to be void, unless an extension to this period has been granted by the Development Officer (5) A decision by the Development Officer/Municipal Planning Commission on an application for a development permit shall be given in writing and a copy of it sent to the applicant (6) When the Development Officer /Municipal Planning Commission refuses an application for a development permit the decision shall contain reasons for the refusal (7) Notwithstanding anything contained herein to the contrary, the granting of a development permit shall (a) indicate only that the development to which the permit relates is authorized in accordance with the provisions of this Bylaw and shall in no way relieve or excuse any person from complying with this or any other bylaws, order and regulations affecting such works, (b) be without prejudice to the Development Officer's rights to refuse any other permit or approval that may be required of it in respect of the development by this or any other bylaw 20 11 12 Part IV - Appeals Appeal Procedure (1) An appeal may be made to the Subdivision Development Officer (a) refuses or fails to issue a developm( of the completed application(or why Officer) (b) issues a development permit subjec to a Appeals Part IV Appeal Board where the i within 40 days of receipt by the Development (c) issues an order under Section 14 of this Bylaw (2) The person applying, for the permitf {or affected by the order, under Subsection (1), or any other person affected by an order decision or a development permit may appeal to the Subdivision and Development Appeal Board (3) An appeal shall be made by serving a written notice of appeal to the Secretary of the Subdivisions and Appeal Board within 14 days after (a) the date on which the applicant is notified, or (b) the date on which the notice was advertised or posted Appeal Hearing (1) Within 30 days of receipt of a notice of appeal of appeal, the Board shall hold a public hearing respecting the appeal (2) The Subdivision and Development Appeal Board shall give at least 5 days notice in writing of the public hearing to (a) the appellant, (b) the Development Officer/Municipal Planning Commission from whose order, decision or development permit the appeal is made (c) those registered owners of land in the municipality and other persons who in the opinion of the Subdivision and Development Appeal Board are affected by the order, decision or permit, (d) such other persons as the Subdivision and Development Appeal Board specifies 21 (3) The Subdivision and Development Appeal Board shall make available for public inspection before the commencement of the public hearing all relevant documents and materials respecting the appeal including (a) the application for the development permit, its refusal'and the appeal therefrom or (b) the order of the Development Officer under'Seetion 14 as the case may be (4) At the public hearing referred to in subsection (1), the Board shall hear (a) the appellant or any person acting on his, or her behalf, (b) the Development Officer /Municipal Planning Commission from whose order decision or development permit the appeal is made; or if a person is designated to act on behalf of the Development Officer that person, (c) any other person who was served with voice of the hearing and who wishes to be heard or a person acting on bis or her behalf, and (d) any other person who claims to be affected by the order decision or permit and that the Subdivision and Development Appeal Board agrees to hear or a person acting on his or her behalf 13 Decision (1) The Subdivision and Development Appeal Board shall give a written decision (with the reasons for the decision) within 15 days after the hearing (2) The Board's decision is final subject only to an appeal, within 30 days, on questions of law or jurisdiction to the Court of Appeal (see Section 688 of the Municipal Government Act) 22 Enforcement & Administration Part V Part V - Enforcement & Admin strat 14 Orders of Compliance (1) Where the Development Officer finds a development or us6, lof land or buildings that is not in accordance with (a) the Municipal Government Act or the regulations or, (b) a development permit or subdivision approval, or (c) the land use bylaw, the Development Officer may by notice rnwriting order the registered owner, the person in possession of the land or buildings or the person responsible for the contravention or all or any of them to (a) stop the development'or use of the land or buildings in whole or in part as directed by the notice, or (b) demolish, remove or replace the development, or (c) take such other measures specified in the notice so that the development or use of the land or building is in accordance with the Municipal Government Act the regulations, a development permit subdivision approval or this Bylaw, as the case may be 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 (4) The Development Officer or the Municipal Planning Commission may by notice in writing suspend a Development permit where development has occurred in contravention to the terms of the permit and /or Land Use Bylaw 16. Amendments to the Bylaw 3 (1) Any person may apply to have this Bylaw amended (2) The Council may initiate amendments by its oven motion (3) All applications for amendments of this Bylaw shall `be made using the approved form accompanied by (a) the fee determined by the Couni, (b) a statement of the applicant's interest i0he land and (c) any drawing, plans" of maps! required by the Development Officer, and (d) any documents as required by the Development Officer (4) All amendments of this'Bylaw shall be made by the Council by bylaw in conformity with the Act (5) If an amendment to the Bylaw is refused, a similar application may not be received for six months following the final date of the decision 17 Land Use Bylaw No 1061 (1) Bylaw No 1061 and amendments thereto are hereby repealed 24 Part VI - Land. Use 18 Districts (1) For the purpose of this Bylaw, the mumci AC Agricultural Conservation Distri A Agricultural District HR Hamlet Residential District HC Hamlet Commercial District HI Hamlet Industrial District HG Hamlet General District C HWY Highway Commercial LRC Local Rural'Commercial District R Recreation District I Industrial District CR Country Residential District Land Use Distncts Part VI the following Districts (2) Council may also amend this Bylaw by including Direct Control Districts to permit subdivision and developments in situations where specific rules are necessary The requirements of the Municipal Government Act will apply The Direct Control District will outline parcel size requirements specific policy directions relating to the development setback requirements, range of uses and any other issue deemed appropriate by Council 19 District Boundaries (1) The locations and boundaries of the land use districts are shown on the Land Use District Maps, which form Part VIII of this Bylaw (2) The locations of boundaries shown on the Land Use District Maps shall be governed by the following rules Rule 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 25 (3) Where the exact location of the bounds the rules in Subsection (2) the Council the location (a) in a manner consistent with the (b) with the appropriate degree of c (4) The location of a district boundary oik amendment of this Bylaw (5) The Council shall keep a list of its 20 AC —Agricultural Conservation District (1) Purpose and Intent The purpose and intent of this district is to provide f0f x *ive areas of land for the conduct, accommodation, and continuation of a wide�'range of agricultural uses (2) Permitted Uses • One family dwelling • Accessory buildings • Extensive agriculture (3) DiscretionM Uses • Additional dwellings :for farm help • One family dwelling within 500 in of a river and/or stream • Airports • Cemeteries • Community halls • Home occupations • Public: & quasi - pudic installations & facilities • Churches • Intensive agriculture • Kennels • Natural resource extractive industries • Signs (4) Minimum Requirements (a) Site Area (i) 3 acres (1 2 hectares) (b) Front Yard (i) 135 ft (41 m) from the right -of -way of a primary highway or as required by Alberta Infrastructure, (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) 27 A C K n-6, r 1 C U t U r a 1 16, 0 n S e r `% a t 1 0 n D 1 S t r 1 C r (5) (6) (e) Floor Area (i) 800 sq ft (74 m2) for a one family dwelling, (u) other uses at the discretion of the Developm Planning Commission, Maximum Limits (a) Number of Lots (i) 2 lots per quarter section.. The balance of th Lots for p4blic,uses are not mcldded ` (b) Size of Lots (i) 20 acres (first lot froin an -.t Snecial Rqiuirements / Municipal quarter section is one lot quarter section). (a) Where there has beennoiprevious subdivision in the quarter section, the subdivision of one lot`subject to Section 39 of this bylaw may be permitted (b) Any lot created in this District shall not exceed 20 acres in size Where lots larger than 20 acres are desired redesignation to Agricultural District shall be required (c) Notwithstanding the above, development on existing lots on record at the Land Titles Office in this district shall be permitted provided that minimum requirements regarding yard and floor area as well as the General Land Use Regulations are met The Municipal Planning Commission may impose conditions on any development permit to ensure that safe and proper access to the lot(s) is provided The development permit conditions may also address the control of animals and livestock on lots 28 21 A —Agricultural District (1) Purpose and Intent The purpose of this district is to provide for t agricultural lands and to allow for individual requiring a smaller site (2) Permitted Uses • Accessory buildings • One family dwellings • Extensive agriculture (3) Discretionary LIn (4) • Additional dwellings for farm help • One family dwelling within 504 in of a river and/or stream • Airports • Cemeteries • Community halls • Home: occupations • Public & quasi public installations & facilities • Churches • Intensive agriculture • Kennels • Natural resource extractive industries • Signs • Schools • Group care facility • Grain elevators • Bulk oil depot and sales • Fertilizer storage and distribution (including ammonia) • Farm equipment machinery sales and service Minimum Requirements (a) Site Area (i) 3 acres (1 2 ha) servation of agricultural (b) Front Yard (i) 135 ft (41m) from the right of way of a primary highway or as required by Alberta Infrastructure 29 C U 1 t U r a 1 D i s t r i c t (c) (d) (e) (5) Ma (a) (b) (6) Spc (a) (b) (c) (ii) 100 ft (30 5 m) from the right of way of all other roads Side Yard (i) 25 ft (7 6 m) Rear Yard t (i) 25 ft (7 6 m) j Floor Area (i) 800 sq ft. (74 tn2) fora one family dwelling;! (ii) other uses at the discretion of the Development_ Officer/Municipal Planning ujn Limits Number of Lots: 2 Lots for public uses s e of the quarter section is one lot uded Notwithstanding the above, development on existing parcels 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 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 Sections 38 and 39 of this Bylaw shall apply to the following types of subdivisions (i) farmstead removal 30 22 HR — Hamlet Residential District (1) (2) (3) (4) Purpose and Intent The purpose and intent of this district is to pi regard to the essentially rural character of the Permitted Use • One family dwellings • Accessory buildings • Permitted signs • vupie • Mobil • Multi] • Home • Parks • Schoc • Public (a) Site Area installations & facilities residential 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 (464m) (v) Non - residential uses at the discretion of the Development Officer/Mumcipal 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 (ii) 15 ft (4.6 m) abutting the flanking street on corner lots, (iii) 3 2 ft (1 m) for accessory buildings, 31 lz H a m 1 e t R e s i d e n t `l D i s t r i c t e. (5) (6) (d) (e) (a) (iv) 10 ft (3 0 m) for accessory buildings on street side of a corner, (v) One 10 ft. (3 0 m) side yard (excluding corner lots) to provide alternate access to the rear of buildings in a laneless subdivision (vi) Others at the discretion of the Development Offie'er /Municipal Planning Commission Rear Yards (i) 25 ft (7 6 m), (ii) 3 ft (1 m) for accessory,,buildirigs Floor Area 1 (i) 800 sq ft. (74 m2) for orie- family dwellin gs, including mobile homes am Limits Height (i)'' 35 A.(10.6 m (ii) 15 ft.,' (4.6 m) (iii); Other uses, at 1 1 1/2 stories for one family dwellings accessory buildings discretion of the Development Officer /Municipal Planning (b) Coverage (i) 30% of the site for one family dwellings, (u) 15% of the site area for accessory buildings, (iii) Other uses at the discretion of the Development Officer/Municipal Planning Commission. Parkmg_(Minimum Standards) Parking shall be provided according to the following (a) One - family dwellings /duplex dwelling /multiple housing — One (1) parking or garage space per dwelling unit, (b) Others at the discretion of the Development Officer 32 23 HC — Hamlet Commercial District (1) Purpose and Intent The purpose and intent of this district is to provide fc regard to the service which the hamlet is intended to (2) Permitted Uses • Retail stores • Restaurants • Banks • Post offices` t • Professional or administrative oi?fices (3) Discretiongy Uses t commercial uses having for the surrounding rural area • Hotel & motor ;hotels; • Building material sales &''at • Museums • Service'' stations • Tire sales, service & storage • Workshops - cabinet maker, carpenter, decorator electrician, gas fitter, metal worker, painter, plumber, printer, pipe fitter tinsmith, and welder • Public & quasi public installations & facilities • Bulk fertilizer distribution • Residential accommodation accessory to the commercial use • Accessory buildings • Signs (4) Minimum Requirements (a) Site Area. As required by the Development Officer (b) Front Yard As required by the Development Officer (c) Side Yard (i) 5 ft (1 5 m) when adjacent to residential district, (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 C 0 m m e r c i a 1 D i s t r I.] H i a J (5) Parkin (Minimum Standards) Parking shall be provided according to the following (a) Restaurants (b) (c) Hotels & Motels space per 10 seats (I) parking space per guest suite ( parking space per 1,000 sq ft n) of gross floor area of the h or at the dlerratinn of the. ,lonment Offic 24 • HI — Hamlet Industrial District (1) Purpose and Intent The purpose and intent of this district is to provide a suitable range of light industrial uses having regard to the rural character of the hamlet. (2) Permitted Uses • Outdoor storage • Accessory building • Professional & administrative offices • Permitted signs (3) Discretionary Uses • Warehousing • Grain elevators • Manufacturing, packaging or a' ssembly of articles from previously prepared materials • ManufacturmQ. assembly, repair and maintenance of electrical and mechanical equipment • Bulk oil depots & sales • Lumber yards` • Public & quasi public installations & facilities • Feedmills, grain milling, cleaning and drying • Fertilizer storage and distribution • Signs • Light industrial and manufacturing uses (4) 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 1 H a m 1 e t I n d u s t r i a 1 D i s t r P On (5) Special Requirements (a) The operation of all uses shall comply with the ens performance standards of the Provincial Governmf Officer /Municipal Planning Commission believes these standards, he or she shall refer the applicatioi Department for clarification prior to issuing a Dev, (b) The Development Officer /Municipal Punning Cot screening and landscaping forluses which in olve vehicles, building materials, waste materials,, and c Planning Commtssionmay also regulate, hours of c business will impact n6ghbo'urinL residential uses awmtal and public health If the Development )posed use may conflict with the appropriate Provincial ment Permit sston shall prescribe ige of goods, machinery, e items The Municipal ation when it believes a (6) Parking Parking requirements shall be determined by the Development Officer/Municipal Planning Commission at his or her discretion, based" on the evaluation of each individual application (7) (a) The!permit is based on details provided to the application (b) If an expansion 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 provide (2) Permitted Uses • Mobile home parks • Mobile homes • Accessory buildings • Permitted signs (3) Discretionary Uses • Home; occupations • Parks & playgro unds (4) (a) parks in a hamlet. Site Area In this section, lot means an area surrounding a mobile home (i), fully serviced lots 3,000 sq ft (279 m2), Note all lots in this district must be fully serviced with municipal water and sewer; (ii) 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, (n) other uses at the discretion of the Development Officer /Municipal Planning Commission (c) Side Yard (i) 5 ft (1 5 m) for mobile homes, (n) 15 ft (4.6 m) abutting the flanking street on corner lots (ui) 3.2 ft (1 m) for accessory buildings (iv) 10 ft (3 0 m) for accessory building on street side of a corner, (v) one (1) 10 ft (3 0 m) side yard (excluding corner lots) to provide alternate access to the rear of buildings in a laneless subdivision (vi) others at the discretion of the Development Officer/Municipal Planning Commission (d) Rear Yard 37 M 0 b 1 e H 0 M e P a r k D 1 S t r 1 C r� L (i) 15 ft (4.6 m), (ii) 3 ft (1 m) for accessory buildings (e) Floor Area (i) 800 sq ft (74 m2) for mobile homes;,; (5) Maximum Limits r (a) Height j (i) 20 ft (6.1 in) for mobile homes; (ii) 15 ft (4.6 in) for accessory buildings, (iii) other uses: at the discretion of the Developy Commission. (b) Coverage (i)' 45% of the site.forrr'obile homes (ii) 15% ,of the site area for accessory building! (iii), other uses' at the discretion of the Developr (6) Parking — (Minimum S ill be provided according to the following )ile Homes — One (1) parking or garage space 1 -rs at the discretion of the Development Office 26. HG — Hamlet General District (1) Purpose and Intent The purpose and intent of this distnct is to provide for a residential and industrial uses in hamlets whose small SO uses is such that it is not deemed practical for their deta use districts (2) Permitted Uses • None (3) Discretion . Uses • All permitted and discretionary • Schools • Churches • Playgrounds & Parks • Community Halls • Public quasi public mstollatia • Group care facility • Museums • Campgrounds • Cemeteries • Keeping of horses (4) Development Regulations rs outlined in the & facilities of hamlet commercial, existing mixture of land nation into several land C, and HI districts (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 39 H G H a M r e n e r a 1 D i S t r i t 27 C — HWY— Highway Commercial District (1) Purpose and Intent The purpose and intent o. adjacent to a highway to (2) (3) (4) Permitted Uses • Hotels & motels • Restaurants • Service stations Discrehonary Uses • Auto sales & services • Farm and industrial n • Accessory buildings • Public & quasi - public • Signs (a) Site Area: of essential services 1 acre (0 4 ha) or as otherwise required by the Development Officer /Municipal 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 (n) 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, (u) No side yard is required when a firewall is provided, but if a side yard is provided, it must be 5 ft (1 5 m), (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 B 6 w a Y A 0 M m e r c i a 1 D 1 S r 1 ri (e) Rear Yard (i) 20 ft (6 1 m) or as required by the Planning Commission. (5) Special Requirements (a) The exterior finish shall be brick, stucco`, satisfaction of the Development Officei& (b) The provisions contained in Section 40 df Commercial developments an subdivisio d, metl, or other siding to the cipal 0 anning Commission Bylawii shall apply to all Highway Development Officer/Municipal Planning evaluation of each individual application 41 L 28 LRC — Local Rural Commercial Distract R (1) Purpose and Intent The purpose and intent of this district is to provide for Commercial development within the Municipality, including tourist uses which charge a fee. ' (2) Permitted Uses T O • Public and quasi public installation and faciliti6s (3) Discretionary Uses a • Accessory buildings 1 • Farm and industrial machinery sales and sdrvices f" • Market gardezi/greenhouse • Craft store and antiques R • One dwelling unit accessory to the Principal Commercial use u • Confectionery • Auction mart a • Auto wreckers • Grocery stores • Feed mills and seed cleaning plants • Grain elevators • Signs C 0 (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 `+ (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 primary highways as required by Alberta Infrastructure and 100 ft (30 5 m) from the nght of way of all other roads 1 S (d) Side Yard } (i) 25 ft (7 6 m) r 1 C 42 (e) Rear Yard (i) 25 ft (7 6 m) or as required by the Development Officer /Municipal Planning Commission. (f) Maximum Number of Lots (i) the maximum number of lots is`bW pel quarter section (n) Note Does not include public utility lots (5) Special Requirements (a) The exterior finish of any budding shall be brick, stucco, wood, metal, or other siding to the satisfaction of the Development Officer%Municipal Planning Commission (b) The'provisions contained in"Tart V 11 = General Land Use Regulations of the Bylaw shall apply to all local RurW.Cornmercial developments and subdivisions (6) On site parking requirements shall be determined by the Development Officer/Municipal Planning Commission at his or her discretion based on the evaluation of each individual (7) Redesignation of any parcel to the "LRC" — Local Rural Commercial District shall only apply to the immediate area required to develop the intended use The approximate boundaries can be used for redesignation purposes where subdivision is required to legally establish the property boundaries If the subdivision is approved, the dimensions of the redesignation parcel will automatically conform to the subdivision parcel, irrespective of dimensions otherwise approved 43 29 R — Recreation District (1) Pose and Intent The purpose and intent of this district is to provide for a uses (2) Permitted Uses • Extensive agriculture (3) Discretionary Uses (4) of rural recreational • Accessory buildings • Community halls • Fair grounds (rodeo grounds) • Gun clubs • Equestrian and riding- facility (public) • Recreational centres & lodges • Campground's (privately awned) • Signs • One- family,dwelling for caretaker purposes • Recreational motorcycle racing • Campgrounds (publicly owned) • Golf course • Sports camps • Ski facility • Parks and playgrounds • Recreational trails • Race tracks • Dude ranches • Petting zoo • Museums • Quasi public buildings Minimum Requirements (a) Site Area (i) 5 acres (2 02 hectares) (b) Front Yard (i) 135 ft (41 m) from the right -of way of a primary highway or as required by Alberta Infrastructure, (u) 100 ft (30 5 m) from the right of -way of all other roads 44 e c r e a t I D i s t r i c t (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 (74.1 (ii) other uses at ti. Planning Corn (5) Maximum Limits (a) Number of Lots: (i) 2 lots per quart lot � Public util (6) Special Requirements (a) (b) LI for c on The balance of t are not included Section 57 of this Bylaw designated Recreation District shall be or for recreation development 30 I — Industrial District (1) Purpose and Intent The purpose and intent of this district is to provide for the rural area (2) Permitted Uses • Extensive agriculture (3) Discretionga Uses • Airports • Accessory buildings • Industrial plants and industrial parks • Home occupations • Public & quasi public installations* facilities • Kennels • Natural resource extractive' industries • Signs • Or e4amily dwellings for caretaker purposes • Grain elevators M (4) • Bulk on depot and sales • Fertilizer storage and distribution (including ammonia) • Farm equipment machinery sales and service 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) of industrial uses i (d) Rear Yard (i) 25 ft (7 6 m) 46 a 1 D i s t r i c t J I 3 LI (e) Floor Area (i) 800 sq ft (74 m2) for a one family dwelling, (ii) other uses at the discretion of the Development G Planning Commission (5) Maximum Limits (a) Number of Lots a (i) There is no maximum;r�umber ©f lots. (6) Special Requirements (a) The requirements of S`ection'39 will apply to this district / Municipal 47 31 CR — Country Residential District v (1) Purpose and Intent The purpose of this district is to provide for residential development at rural densities ' (2) Permitted Uses • One family dwelling 0 • Accessory buildings T T (3) Discretion . Uses i N • Mobile homes T • One family dwelling within 50,0m of a'river and/or stream D • Horne occupations j� • Public and quasi- public installations and facilities Y • Signs • Bed and breakfast establishments (4) Minimum Requirements E (a) Site Area; ►S G) I acre 40 hectares (b) Front Yard r (i) 135 ft (41 m) from the right -of way of a primary highway or as required by Alberta Infrastructure (n) 100 ft (30 5 m) from the right of -way of all other roads except as in (iii) (iii) 25 ft (7 6 m) from the property line for internal roads in a cluster T development 1A (c) Side Yard L (i) 25 ft (7 6 m) (d) Rear Yard (i) 25 ft (7 6 m) • 1 (e) Floor Area S (i) 1000 ft' (93 m2) r (5) Maximum Limits • 1 (a) Site Area 48 } 1 (i) 3 acres (1 2 ha) (b) Number of Sites (i) 15 country residential parcels per (6) Special Requirements (a) Accessory Buildings and U (including satellite dishes) (i) shall not be erected or placed within the fro ri yard (ii) shall be so situated on a corner lot so that tie' "side yard which abuts the street shall be not less than the',sde yard, , (iii) shall be no, More than 20 feet in height (�)' shall be not be used as a dwelling,", (v) where a structure is attached to the main building by a roof, a floor, or a foundation it is considered to be part of the main building (b) Projections Over Yard The portion. of and attachments to a main building which may project over or on a minimum yard are (1) an enclosed veranda deck porch balcony or eaves which projects not more than eight feet over or on the minimum front rear or side yard (ii) a chimney which projects one foot or less, (iii) unenclosed steps with or without a landing and above the surface of the yard if they do not project more than eight feet over or on a minimum front, rear or side yard (c) Objects Prohibited or Restricted in Yards (i) No persons shall allow a motor vehicle used for stock car races, motor vehicle which has all or part of the superstructure removed, or a motor vehicle which is in a dilapidated or unsightly condition to remain or be parked on a parcel unless it is suitably housed or screened to the satisfaction of the Development Officer (n) A holiday trailer parked on a parcel may be used for sleeping accommodation by a bona fide tourist for a period not to exceed three weeks (iii) Not more than two holiday trailers shall be stored or parked on a parcel 49 (d) Corner Sites No person shall erect or place a wall, fence, shrub, tree, hedge or another such object over three (3) feet in height above the lowest street grade in the area of a triangle formed by the boundaries of the site common with the street abutting them and a straight line connecting points of each of the said boundaries of a distance of 20 feet from the point where they intersect in this District (e) Removal of Vegetation The removal of trees and /or shrubs or the destruction thereof without a (f) (g) development permit, s prop Screening Garbage and waste material and screened from adjacent Mobile Homes -- -' - "- ' s are to be factory built with walls of pre finished siding or luired by the Development Officer or the Municipal ssion The undercarriage of the mobile home shall be screened from view (u) All ancillary structures such as patios, porches, additions, etc shall be factory prefabricated units, or of a quality equivalent thereto, so the appearance design and construction will complement the mobile home (i) All lust be stored in weather and animal proof containers tes and pudic thoroughfares (iii) In multi lot country residential developments mobile homes shall not be mixed with conventional one family dwellings (h) No maintaining of livestock will be permitted in this district. 50 32 33 34 General Land Use Regulations Part VII Part VI - General Lana Use Reiaulations Floodplain Development j (1) Land within 1 100 year river floodplam shall not be developed unless sufficient landfill can be provided to cause the area to be raised above the flood level or other suitable flood proofing techniques are employed to the satisfaction,of the'Development Officer (2) All structures permitted to be constructed in the floodplam_shall be so located elevated and constructed as to resist flotation and �o.offer minimal obstruction to floodflow and shall not increase the flood hazard on adjacent property; (3) The Municipal Planning Commission shall as a condition of granting the Development Permit, require the applicant to execute a written acknowledgement and undertaking that all construction development and occupation, or any of them are at the risk of the applicant, owner or occu pant .as the case maybe A caveat will be filed on title (4) In addition, to the requirements,outlined in Section 8 Development Permit Applications for parcels in the 1 100 year floodpiam shall be accompanied by the following information requirements (i) elevation of the site as prepared by a qualified surveyor or engineer (ii) proposed elevation of main floor of residential buildings as prepared by a qualified surveyor or engineer (iii) statement and/or analysis which demonstrates the suitability of the development to the site as compared to other locations on the parcel Development Near Water (1) Unless permitted in an Area Structure Plan, no part of any building shall be within 125 ft (38 1 m) of a river, lake, stream, or other permanent water body The development authority if deemed necessary by the site may require a greater distance The minimum separation distance from the bank of the Kneehill Creek or Three Hills Creek and the Red Deer River shall be 125 feet (38 1 m) Non - Conforming Buildings & Uses (1) A non conforming use of land or a non conforming use of a building may be continued but if that use is discontinued for a period of six consecutive months or more, any future use of the land or buildings shall conform with the provisions of the land use bylaw (2) A non conforming use of part of a building may be extended throughout the building but the building whether or not it is a non conforming building shall not be enlarged or added to and no structural alterations shall be made to it 51 (3) 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 ,lau-fldmg shall not be enlarged, added to rebuilt or structurally altered except (a) as may be necessary to make it a or (b) as the Development Officer considers necessary for the routine maintenance of the building, or (c) as provided for in Section 9(3) (5) If a non conforming building is dan ged or destroyed to the extent of more than 75 percent of the value of the building above its foundation the building shall not be repaired or rebuilt except in accordance with the land use bylaw (6) The use of land or the use of a building is not affected by the reason only of a change of ownership, ;tenancy or occupancy of the land or building 35 Rural Business Occupations (1) All development permits issued for home occupations shall be revocable at any time by the Municipal Planning Commission if in its opinion, the use is or has become detrimental to the amenities of the neighbourhood (2) The Municipal Planning Commission may issue a temporary permit for a home occupation (3) A home occupation shall not include any use or operation which will cause or create a nuisance by way of dust, noise, smell, smoke, or traffic generation (4) In hamlets, a home occupation shall be confined to the residence or accessory buildings and be subordinate to the principal use as a residence and shall be limited to those uses which do not impact adjacent properties Outside storage of materials goods or equipment is not permitted (5) In agricultural districts a home occupation shall be confined to the residence or farmyard site and be subordinate to the principal use of the site for agricultural and residential purposes Further, limited outside storage of materials goods or equipment is permitted (6) Mobile catering must have permission of the landowner and/or tenant for the operation, coordination and cooperation with other organizational groups No parking on public access roadways without permission Garbage collection containment and disposal must be provided for the function 52 36. Relocation of Buildings (1) Where a development permit has been granted for the relocation of a building on the same site or from another site, the Development Officer /Municipal Planning Commission may require the applicant provide a Performance Bond to ensure completion of any renovations set out as a condition of approval of the permit (2) All renovations to a relocated building are to be. completed within one year of the issuance of the development permit The Development` (!officer` will monitor permits to ensure completion 37 Drainage E 1 (1) At the discretion of the'Developmen Officer /l umcipal Planning Commission, the applicant shall be required to grade aparcel in a mamer that all surface water will drain from the building site to the back lake and /or front street (2) The Development Officer/Municipal Planning Commission at his or her discretion may establish parcel and building elevations if it is felt that drainage from existing elevations will affect neighbouring parcels 38 Agricultural Land (1) Agricultural land, in particular, Canada Land Inventory Capability for Agriculture classifications Ito 4 shall be encouraged to be preserved for agricultural purposes (2) The creation of parcels less than 160 acres (64 7 ha) shall not be permitted unless specifically permitted elsewhere in this bylaw When permitted these parcels should not (a) fragment existing farming units (b) utilize better quality agricultural land (c) Access can be provided without unduly severing the agricultural land 39 Rural Subdivision and Development Policies (1) First Parcel Out (a) Except as otherwise permitted in this bylaw the maximum number of lots per quarter section is two, including the balance of the quarter section Subdivision approvals for developed farmsteads should be kept as small as possible while incorporating shelterbelts and ancillary buildings (b) The maximum lot size for undeveloped sites is five (5) acres Undeveloped sites may exceed five acres only if the site is cut off from the balance of the quarter 53 (c) First parcel out subdivisions shall not be allowed where in the opinion of the Municipal Planning Commission potential conflicts with adjacent or surrounding uses would result (d) Water wells and private sewage treatment and disposal systems shall be located on the lot they service • e Notwithstanding sections a and b above larger lots may be approved when the purpose of the subdivision is to create a lot for conftumg agricultural purposes, such as greenhouses, market gardens, intensive operations, or sod or tree farms In all cases however the maximum number of lots per,quarter section is two, including the balance lot Where lots laiger than 26 acres in size are desired, the quarter section shall be redesignated to Agricultural District (2) Country Residential (a) Applications to redesignate land to Country Residential District will be evaluated on` their own merits. Proposals shall be compatible with adjacent uses and agricultural land, in particular Canada Land Inventory classifications 1 to 4, shall beencouraged to be preserved for agricultural purposes Developers will be required to install services and the site must be suitable for adequate water and (3) Rural Industrial Development (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 (4) In considering subdivision or development permit applications for residential or industrial uses, the Municipal Planning Commission may impose conditions addressing (a) providing proper services and access to the site 54 (b) screening, aesthetics and landscaping (c) control of signage, (d) noise control, (e) a development agreement, with the need to provide security and (f) any other issue deemed necessary by the Murucipal Planning Commission 40. Highway Commercial Development (1) Highway Commercial development in the rural areas shall be limited to those developments which intend to provide ,goods afid services, to the general traveling public (2) Proposals should be evaluated to eisure that (a) the development is located adjacent to a mayor transportation route, (b) the development provides "suitable accesses /engineered service roads so as not to interfere with traffic, or create hazard to traffic, and (c) the sewage disposal system and water system are approved by the appropriate 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/Municipal Planning Commission and (ii) slopes greater than 15% may require special engineering or other treatment to be developed (b) If such isolated features are to be leveled (i) the resulting slopes shall not exceed 20% and (ii) the contours leveling, compacting and other engineering and environmental aspects shall be satisfactory to the Development Officer /Municipal Planning Commission and othet relevant authorities (3) Escarpment Protrusions (a) Escarpment protrusions wider than 300 ft (91m) at-their widest point shall not be removed. (b) Removed or leveled escarpment protrusions shall result in slopes of no more than 15% and of no more than 33% authe adjoining escarpment wall (4) Minimum Requirements No part of any building' shall be within the following minimum setbacks, unless otherwise approved by the Development Officer (a) Setbacks from toes of slopes must be the greater of- (i) 30 ft (9 m) where the slope height exceeds 10 ft (3 0 m), (ii) one third the slope height, where the slope height exceeds 100 ft (30.5 m) (b) Setbacks ftom 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) (4) 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 may'rkte confused with any authorized traffic sign, signal or levee, No sign or sign structure shall be erected adjacent to a prir approval of Alberta Infrastructure All signs and sign structures located on QountypricioOrty sl tidy condition and, if not so kept may be required by resol or removed (5) Signs deemed approved: The following signs may erected' on any lanc without the need for development permit (a) non -illui (1.5, m) urinated signs relating to a person, partnership or company practicing a on, business or trade, no more than 16 ft 2 (1 5 m2) in area, and limited to parcel and of the registered owner ith, obstruct or be Lary highway without prior be kept in a safe clean and in of Council to be renovated or affixed to the exterior of any building , identification, direction or warning no more than 16 ft 2 ted to one per parcel, (b) (c) non illuminated signs relating to a religious, educational cultural, recreational club or institution or to a motel or apartment building, no more than 16 sq ft (1 5 m2) in area, and limited to one per parcel, and (d) non illuminated signs of local authorities, utility boards or other public or quasi public bodies (6) Signs shall be located within the boundaries of the site on which it is located and are not bound by the yard requirement of the district in which it is located however, the setback shall not be less than 10 in (33 ft.) (7) In considering a development application for a sign, the Development Officer shall have due regard to the amenities of the district in which the sign is to be located and shall not approve the application if the Development Officer does not consider that the sign is compatible with the district in which it is proposed to be located (8) Adjacent to the Town of Drumheller, there are special regulations to control signage into the City Along the south side of Highway No 9 in the N '/2 21 and the N '/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 19 58 departmental specifications and regulations Adjacent to the highway right of way, no private signs will be permitted (9) Adjacent to the Town of Drumheller in the E 1/235 28 20 W4M and through Section 26 28 20 W4M, existing private signs will be allowed to remain, subject to Alberta Infrastructure Guidelines 43 Parking (1) The number of off street parking spaces for any development shall be according to requirements set out for the land use district m which the space is located (2) For multiple use sites, parking requirements shall be`basedlon the calculation of parking required for each individual use (3) A parking, space shall not be Tess than 166, sq ft! (14.8 in in area and less than 8 ft (2 4m) wide 44 Objects Prohibited or Restricted in Yards (1) No person slhall keep or permit in any part of a yard in any residential district (a) Any dismantled or wrecked vehicle for more than 14 successive days, (b) Any object or chattel which, in the opinion of the Development Officer is unsightly or tends to adversely affect the amenities of the district, (c) Any excavation, storage or piling up of material required during the construction stage unless all necessary safety measures are undertaken, the owner of such materials or excavations assumes full responsibility to ensure the situation does not prevail any longer than reasonably necessary to complete a particular stage of construction work (2) Livestock shall not be maintained or kept at any density on parcels of land within any Hamlet District, with the exception of horses, which may be permitted in the Hamlet General District as a discretionary use (3) Burning is not permitted within any Hamlet District 45 Site Development (1) The design, siting external finish, architectural appearance and landscaping generally of all buildings, including any accessory buildings or structures and signs and any reconstruction shall be to the satisfaction of the Development Officer/Municipal Planning Commission 59 46 Mobile Homes (1) All mobile homes shall be C.S.A approved and may be permitted in an agricultural land (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 use district where a dwelling is permitted (2) Mobile homes shall have a permanent foundation capable of supporting the maximum ® anticipated load of the mobile home during all seas6ps without settlement or other movement (3) The undercarriage of each mobile home shall be completely screened from view by the foundation or by skirting within 30 days of placement of the = mobile home (4) All accessory structures, such as steps patios, porches, additions, skirting and storage facilities shall be factory prefabricated units or pf a quality !equivalent thereto, so that design and construction will;complement;the mobile home. Additions to a mobile home shall have a foundation and skirting, equivalent to that of the mobile home All mobile homes shall be provided with stepsand lhdings -lo all entrances within 30 days of their placement. 47 Mobile Home Parks (1) Mobile home parks shall only be permitted in hamlets (2) Mobile home parks shall have a minimum area of 2 acres (3) Each mobile home park lot shall be provided with a durable base on which the mobile home shall be placed (4) All roads in a mobile home park shall be well drained and maintained to the satisfaction of the municipality (5) Not less than 5% of the gross site area of a mobile home park shall be devoted to outdoor amenity space and recreational uses, to be provided in a convenient and accessible location (6) Visitor parking shall be one (1) off street parking stall for every two (2) mobile home lots 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 having regard for the Code of Practice for Responsible Livestock Development and Manure Management, and successor documents thereto In the event that a development does not comply with the Code, appropriate changes to management practices, and/or renovations may be required at the owner's expense The application may be circulated to the Regional Health Authority for review and comment All applications shall be circulated to Alberta Agriculture, Food and Rural Development for a technical evaluation. (2) The Minimum Distance Separation (MDS) formula from the Code of Practice will be applied to a proposed new intensive livestock facility or the expansion of an existing intensive livestock facility. For new operations within the size ranges specified in Section 12 (c), the MPC shall require that the MDS all be situated on land owned by the individual proposing the development. Existing operations wanting to expand do not have to own the MDS Developers of livestock operations not meeting the size requirements as stipulated in Section 12(c) are not required to be the owner of their own MDS A variance to the MDS distances may be allowed if unique topography and /or micro climate, visual screening, prevailing winds, or unique management /technology (i.e composting) reduces the potential for nuisance conflicts. All requests for a variance shall be circulated to Alberta Agriculture, Food and Rural Development for their comments (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 (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 the Code of Practice, ,E (b) a hydro geology report which confirms that there rs..st fficient water for the present and estimated needs of both the proposed devepm6nt and neighboring wells If the report shows that there is a concern, altdmdv' e sources may be approved if demonstrated to be suitable (c) a drainage plan prepared by a professional engineers, under his seal, which shows the elevation and potential drainage patterns for the surface waters on the lands where the proposed development is to be constructed (d) a traffic impact study, outlining the amount of vehicular traffic to and from the proposed- development (7) The Municipal Planning Commission may, require, when made necessary by the location or the results of the eirgineeringg studies relating to soils and water that above ground storage tanks be required in place of lagoons or ether acceptable means of manure storage The engineered drawings for the site, under the seal of an engineer may be required (8) The Municipal Planning Commission, may also require the following as a condition of a development permit being'rssued 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 and/or an independent qualified professional on a regular basis and the results forwarded to the County, (c) verification to the satisfaction of the County that agreements are in place for the disposal of dead animals in accordance with the Regulations Regarding the Destruction and Disposal of Dead Animals, (d) conditions respecting the utilization of manure that are in compliance with the Code, The operator shall ensure that the manure stays on the lands on which it was disposed Land application of animal manure shall consider meteorological topographical, soil conditions and application time and rate to avoid watercourse or groundwater contamination The sustainable use of manure shall include the total crop management system To keep within the recommended application rates, sufficient land must be available for spreading As a minimum, records of the 62 following information must be kept by those in control of land where manure is to be applied 1) the date when manure from the operation was applied 2) the volume (or weight) of manure applied to each field, 3) the legal land location of each field 4) the size of the field ( acres/hectares) 5) results of soil sampling of the land pri0 to applying the manure (See condition 11 for details) 6) an estimate of N, P, K and S of the manure applied 7) the persons to whom they transferred or sold their manure, the date of the transfer or sale and the amount transferred or sold (e) Regular soil testing is required annually on lands used for spreading purposes with results made available upon request to monitor levels of nutrients, nitrogen and phosphorus and not allow nutrient levels to build up to excessive levels [this includes extractable nitrate nitrogen (NO3 N) and extractable ammonium (NH4 N) from a 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 C ) 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) Each jurisdiction is responsible for its own engineering and legal fees associated with compliance or non compliance with a permit (g) any other conditions as the Municipal Planning Commission considers to be appropriate to ensure compliance with the Code of Practice, (9) The County encourages an odor control program using appropriate technologies (10) The County encourages operators to meet with the neighbors to explain the development plans (11) For new applicants this Bylaw requires (a) Seven (7) months storage volume be provided for manure wash water and water spillage (b) Manure shall not be spread on land within 500 feet of any residence unless the written permission of the owner of the residence is obtained (c) All manure shall be incorporated within 24 hours of application Injection of liquefied manure shall be encouraged (12) Restrictions on the Location of Intensive Operations (a) no new intensive livestock operations shall be located within one mile of the nearest boundary of an urban centre, hamlet, or municipal or provincial park 63 (b) The maximum size of an intensive operation will be determined by the "2000 Code of Practice for Responsible Livestock Development and Manure Management " (c) When reviewing an application for a development l Commission will consider the location of the props intensive operations Kneehill County believes than • separated Without appropriate separation, problen nuisance complaints can occur As well,Ithere`inay proximity for the spreading of manure. When evah Municipal Planning Commission may rgfusean apl would result in an inappropriate separation of large following is Kneehill County's definition 0 f arge i (i) beef finishers over 5,000 head (ii) beef feeders over 8,000 head (iii) hogs farrow to'fimsh'— over 300 sows -nit, the Municipal Planning I'relative to surrounding large irge operations should be relating to traffic, dust and insufficient land in close ling a development permit the cation if it feels that approval lensive operations The -nsive operations (iv) hogs farrow to wean - over, 600 saws (v) hog feeders- over 2,000 feeders (vi) hogs nursery - over, 1,000 weaners (vu) other operations or' mixed sites — site specific and subject to Municipal Planning Commission approval (13) 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 if they do not conform to current standards These operations will be inspected and if current standards are not met, a development permit is required 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 50 Shelterbelts & Fences (1) Fences of at least 8 ft in height and shelterbelts shall be set back 135 ft (41 m) from the daiffEUMP right of way of a primary highway and should be set back 35 ft (10.67 m) from the right of —way of all local roads with the exception of an intersection where the required setback will be 100 ft (30.28 m) (2) Along primary highways, shelterbelts and fences of a least 6 ft in height shall be set back as required by Alberta Infrastructure and the Development Officer (3) Notwithstanding the above shelterbelts at farmsteads shall require a set back distance at the discretion of the Development Officer in consultation with the local member of Council 51 Campgrounds 64 (1) All developments shall meet the current Health Unit Regulations and other appropriate Provincial Government Regulations 52 Local Rural Commercial Development (1) For Local Rural Commercial Development, the following criteria shall apply to each application, (a) the development is located adjacent to a' good quality all weather road (b) unless otherwise approved by Development pfficer-/Mumcipal Planning Commission the development is locate, at, lost 15QQ 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 65 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, (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 and Equipment Wreckage Site (1) In addition to the criteria contained in Section 52 of the Bylaw, Auto and Equipment Wreckers must also comply with the following (a) they should be located a least 0.5 miles (0 8 km) from any existing residence (except that of the owner) or any highway, (b) the site shall have a minimum area of 5 acres and a maximum area of 10 acres (4.04 ha) for storage, and must be completely fenced and screened by a type of fence approved by the Development Officer to a height of 8 feet (2 4 m) 65 54 55 56. 57 (c) all vehicles must be stored within the enclosure and maintenance of the site should be in accordance with any standards deemed necessary by the Municipal Planning Commission Bed and Breakfast Establishments (1) Signage for a bed and breakfast establishment (2) (3) (4) (5) (6) The operation of and meals to be provided to Alberta Health `Bed and Breakfast Health St Minimal exterior modification of the,structur changes are compatible with. the character of In order to accomm& particular,i The operat the princip Off street parking sp Dwelling Units per with Section 42 shall be in accordance with and be made only if such or I breakfast establishments operate as transient rooming house, the maximum length of stay of a guest at one not exceed? 4 days )or 60 days in any one calendar year i of the bed and breakfast establishment shall be subordinate and incidental to use of the residence .-kmg.shall be pro' with a minimum of one stall per owner plus one The number of dwelling units permitted on a lot is one For lots 80 acres or greater two dwelling units may be granted A second dwelling unit may be permitted on lots less than 80 acres at the discretion of the Municipal Planning Commission A development permit shall be required Dugouts All dugouts require a development permit prior to construction Notwithstanding any other provision in this bylaw dugouts must be set back a minimum of 50 feet from any side or rear property line All side slopes should not exceed a slope of 3 1 on all four sides These requirements also apply to the construction of large fishponds on acreages or agricultural parcels Dugouts are defined as man made bodies of water Landowners are encouraged to look at the possibility of fencing for safety reasons Recreational Trails (1) Development permits for recreational trails will be considered by the municipality on lands designated as Recreation District (2) In those cases where a development permit application concerns an abandoned right of way the Development Officer /Municipal Planning Commission may impose any condition that relates to proper planning considerations as the Development Officer /Municipal Planning Commission deems appropriate, which may include, but not be limited to the following access to the site and adjacent lands, signage garbage disposal, range of 66 58 activities maintenance insurance and liability, and public safety No permits will be issued until the municipality is satisfied that these issues have been addressed (3) The Development Officer /Municipal Planning Commission mayl any development permit application concerning an abandoned railway right of =W�y to the relevant federal and provincial government departments for comment. (4) If the Development Officer /Municipal Planningtom issibn has a concern regarding the environmental impact of a proposed development in an abandoned railway right of way, the Development Officer/Municipal Planning Comrrissiorn may require the applicant to provide an environmental impact assessment in a form satisfactory to the Development Officer /Municipal Planning Commission (5) If the Development Of environmental state of satisfactory;.., to the Devel Livestock Allotted per Acre ''on'. ommissiort has a concern regarding the of way. that is the subject of a Officef %Municipal Planning an environmental report in a form I Planning Commission (10 Acres or less) LIVESTOCK ALLOTTED PER ACRE SPECIES NUMBERS(3 0 ACRES) # PER ADDITIONAL 2.0 ACRES CATTLE 2 1 SWINE (EXCLUDING WILD BOAR 2 1 POULTRY 100 0 TURKEYS (PHEASANTS /FOWL) 50 0 HORSES 2 1 GOATS 6 2 SHEEP 10 2 ELK/DEER 0 0 BISON 0 0 ALPACA/LLAMA 4 2 RABBITS 10 6 EMU /OSTRICH 2 1 * Several points should be noted • These numbers refer to adult animals of the species Offspring of maintained adult animals may be allowed, however once they reach maturity they must be removed if numbers exceed allotted amount • Exotic animals are excluded from this table • Proper confinement of the species is required • It is your responsibility to keep animals contained on your own property 67 Land Use Maps Fart VIII E Part to 68 F-1 11 67 M 24. HI — Hamlet Industrial District (1) Purwose and Intent The purpose and intent of tht industrial uses having regard 1 (2) Permitted Uses • Outdoor storage • Accessory building • Professional & administrative offices • Permitted signs (3) Discretionary Uses • Warehousing • Grain elevators • Manufacturing, packaging or assembly c • Manufacturing, assembly, repair and ma equipment • Bulk oil depots & sales • Lumber yards • Public & quasi -public installations & fac • Feedmills, gram milling, cleaning and dr • Fertilizer storage and distribution • Signs • Light industrial and manufacturing uses (4) Minunum Requirements (a) Site Area. (i) as required b Planning Commissio (b) Front Yard (i) 25 ft (7.6 m (c) Side Yard (i) 5 ft (1 5 m) (ii) 25 ft. (7 6 n Mi 44. Objects Prohibited or Restricted in Yards (1) No person shall keep or permit in any part of a yard in any residential district (a) Any dismantled or wrecked vehicle for more than 14 successive days, (b) Any object or chattel which, in the opinion of the Development Officer is unsightly or tends 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 0 (3) Burning is not permitted within any Hamlet District (4) No accessory building or any portion thereof shall be erected or placed within the front yard of any lot unless otherwise approved by the Development Authority (5) An accessory building erected on a lot shall not be used as a dwelling unit unless approved for a temporary purpose (6) No person shall allow a motor vehicle which has all or part of its superstructure removed, or a motor vehicle which is in a dilapidated or unsightly condition to remain or be parked on any lot located within a residential district or mobile home park or on land used primarily for residential purposes (7) No person maintaining more than one recreation vehicle or several motor vehicles in a residential district shall allow them to be kept in a manner which, in the opinion of the Development Authority is unsightly or tends to adversely affect the amenities of the district 59 The long term sustainability and maximum on site capacity for an intensive livestock operation will be determined based on the MDS, land base required, manure storage facilities, water usage and nutrient management plans as 5 a determined by the "2000 Code of Practice for Responsible Livestock Development as and Manure Management." �j