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HomeMy WebLinkAbout2018-06-26 Council PackageKNEEHILL COUNTY REGULAR COUNCIL MEETING AGENDA Tuesday, June 26, 2018 8:30 a.m. Kneehill County Council Chambers 1600- 2ND Street NE Three Hills, Alberta 1.0 Agenda 1.1 Additions to the Agenda 1.2 Adoption of the Agenda 2.0 Approval of Minutes 2.1 Regular Council Meeting Minutes of June 12, 2018 3.0 Delegations No Delegations Scheduled 4.0 Public Hearings No Public Hearings Scheduled 5.0 Municipal Services 5.1 Transportation 5.1.1 2018 Shoulder Pull Program 5.2 Water/Wastewater/Environment No Report 5.3 Planning 5.3.1 Draft Land Use Bylaw Proposed Amendments for Review 5.4 Agricultural Service Board & Parks No Report 5.5 Protective Services No Report 6.0 Corporate Services 6.1 2018 Project Report 7.0 Business Arising from Previous Minutes No Report 8.0 New Business 8.1 Canadian National Oldtimers Baseball Championships 8.2 Strategic Priorities Chart 8.3 Village of Delburne Charity Golf Tournament 9.0 Disposition of Delegation Business 10.0 Council and Committee Reports 10.1 Community Futures Wildrose 1 2018.06.26 Regular Council Meeting Agenda June 26, 2018 Page | 2 11.0 Council Follow-up Action List 12.0 In Camera 12.1 Legal, Section 27 (FOIP) 13.0 Motions from In Camera Adjournment 2 2018.06.26 1 ________ Initials MINUTES OF THE JUNE 12, 2018 REGULAR MEETING OF THE COUNCIL OF KNEEHILL COUNTY AT THE KNEEHILL COUNTY OFFICE, 1600- 2ND STREET NE, THREE HILLS, ALBERTA. PRESENT: Division No. 1 Faye McGhee, Councillor Division No. 2 Debbie Penner, Councillor Division No. 3 Jerry Wittstock, Reeve Division No. 4 Glen Keiver, Councillor Division No. 5 Jim Hugo, Councillor Division No. 6 Wade Christie, Councillor Division No. 7 Kenneth King, Deputy Reeve ADMINISTRATION PRESENT: Chief Administrative Officer Al Hoggan Director Corporate Services Mike Morton Protective Services Manager & Communications Officer Debra Grosfield Sr. Manager of Transportation and Facilities Brad Buchert Manager of ASB and Parks Bowen Clausen Information Management Supervisor Will Nyman Recording Secretary Carolyn Van der Kuil CALL TO ORDER Reeve Wittstock in the Chair Reeve Wittstock called the meeting to order at 8:30 a.m. AGENDA 1.0 Agenda 1.1 Additions to the Agenda Additions under New Business 8.4 Strategic Planning Day Additions under Municipal Services 5.0 Introduction of New Employee ADOPTION OF AGENDA 1.2 Adoption of Agenda 234/18 Councillor McGhee moved approval of the agenda as amended. CARRIED UNANIMOUSLY 3 2018.06.26 COUNCIL MINUTES OF JUNE 12, 2018 2 _________ Initials MINUTES 2.0 Minutes 2.1 Regular Council Meeting Minutes of May 22, 2018 235/18 Councillor Christie moved approval of the May 22, 2018 Council Meeting minutes as presented. CARRIED UNANIMOUSLY MUNICIPAL SERV 5.0 Municipal Services Introduction of New Employee Deb Grosfield introduced Brandon Rempel, Kneehill County Peace Officer to Council. TRANSPORTATION 5.1 Transportation 5.1.1 Dunphy Road Bank Protection Project 236/18 Deputy Reeve King moved to approve the Dunphy Road Bank Protection Project in the amount of $550,000 for 2018 with funds to be allocated for this project from the Road Reserve and apply for grant funding under the Alberta Community Resilience Program. CARRIED UNANIMOUSLY DELEGATIONS 3.0 Delegations 3.1 Village of Linden-Mayor Kelly Klassen, Councillor Darwin Moon and Councillor Flo Robinson Mayor Kelly Klassen from the Village of Linden requested financial support for three shovel ready infrastructure projects in the Village of Linden. MUNICIPAL SERV 5.0 Municipal Services Cont’d ASB 5.4 Agricultural Service Board 5.4.1 Policy #2-1, Cemetery Policy 237/18 Councillor Penner moved to accept Policy #2-1, Cemetery Policy as amended. CARRIED PROTECTIVE SERV 5.5 Protective Services Bylaw #1770 5.5.1 Bylaw 1770 – Fire Bylaw 238/18 Councillor McGhee moved that Council give first reading with an amendment to Bylaw #1770, that being a bylaw for the purpose of establishing Fire Protection Services. CARRIED 239/18 Councillor Penner moved that second reading be given to Bylaw #1770. CARRIED 4 2018.06.26 COUNCIL MINUTES OF JUNE 12, 2018 3 _________ Initials 240/18 Councillor Christie moved that consideration to hold third reading be given to Bylaw #1770. CARRIED UNANIMOUSLY 241/18 Councillor Keiver moved that third reading be given to Bylaw #1770. CARRIED 5.5.2 Appointment of Fire Guardian 242/18 Councillor McGhee moved to add Dan Ross as Kneehill County Fire Chief as a Fire Guardian for the issuance of Fire Permits to April 2019 for Kneehill County. CARRIED UNANIMOUSLY CORPORATE SERV 6.0 Corporate Services 6.1 Bank Reconciliation – January to March 2018 243/18 Deputy Reeve King moved that Council receive for information the January to March 2018 Bank Reconciliation Report. CARRIED UNANIMOUSLY 6.2 Federation of Canadian Municipalities (FCM) Municipal Assess Management Program Funding 244/18 Councillor McGhee moved to direct Administration to apply for a grant opportunity from the Federation of Canadian Municipalities’ Municipal Asset Management Program for Asset Management Report and Program Development; Furthermore, that Kneehill County commits to conducting the following activities in its proposed project submitted to the Federation of Canadian Municipalities’ Municipal Asset Management Program to advance our asset management program: • Condition Assessment Program Development • Risk Framework Development • Lifecycle Strategy Development Furthermore, that Kneehill County commits $15,000.00 from its budget toward the costs of this initiative. CARRIED UNANIMOUSLY 6.3 2018 First Quarter Financial Report 245/18 Councillor Christie moved to receive for information the January to March 2018 Financial Reports as presented. CARRIED UNANIMOUSLY The meeting recessed from 9:29 a.m. to 10:00 a.m. 5 2018.06.26 COUNCIL MINUTES OF JUNE 12, 2018 4 _________ Initials Brad Buchert and Bowen Clausen were not present when the meeting reconvened. Barb Hazelton was present when the meeting reconvened. DELEGATIONS 3.0 Delegations 3.2 Three Hills Golf Club – Nicki Bernier & Norm Campion @ 10:00am Nicki Bernier, Three Hills Golf Club Board Director, presented to Council a request for funding for the Three Hills Clubhouse re-build following the spring flooding damage. NEW BUSINESS 8.0 New Business 8.1 B is for Brady Memorial Golf Tournament 2018 246/18 Councillor Penner moved to donate a Bernie Brown print and 72 Kneehill County branded items to the B is for Brady Memorial Golf Tournament 2018 being held on July 21, 2018. CARRIED UNANIMOUSLY 8.2 Annual Fire and Ambulance Appreciation BBQ 247/18 Councillor Keiver moved to approve a donation of $350 and authorize attendance for all of Council to the Annual Fire and Ambulance Appreciation Barbeque being held on Thursday, June 21, 2018 at 6:00 p.m., with funds to come from Policy #15-7, Recreation, Community, Arts and Culture Events. CARRIED UNANIMOUSLY 8.3 Levy Rates for Marigold Library System 248/18 Deputy Reeve King moved to table this agenda item until August 21, 2018 Council meeting and direct administration to bring back more information and research how reduced funding will affect the school libraries. CARRIED UNANIMOUSLY 8.4 Strategic Planning Day 249/18 Deputy Reeve King moved that Council approve the May 1, 2018 Strategic Planning Session for all Councillors in attendance. CARRIED 6 2018.06.26 COUNCIL MINUTES OF JUNE 12, 2018 5 _________ Initials DISPOSITION OF DELEGATION BUSINESS 9.0 Disposition of Delegation Business 9.1 Village of Linden 250/18 Deputy Reeve King moved to support the Village of Linden with $200,000.00 in funding to whichever of the three infrastructure projects the Village of Linden’s presented to Council with funds to come from Contingency Reserve fund. CARRIED 9.2 Three Hills Golf Course 251/18 Councillor Penner moved to assist the Three Hills Golf Course due to flood recovery with resources to a maximum value of $10,000.00 at administrations discretion being utilized in the 2018 budget year. Due to Public Hearing scheduled at 11:00 a.m., Reeve Wittstock moved to recess the meeting at 11:00 a.m. PUBLIC HEARINGS 4.0 Public Hearings 4.1 Bylaw #1755, Road Closure Bylaw @ 11:00am 252/18 Councillor McGhee moved that the Public Hearing for Bylaw #1755 be opened at 11:00 a.m. CARRIED Person(s) who spoke in favour: None Person(s) who spoke in opposition: None Person(s) who spoke in rebuttal: None 253/18 Councillor Christie moved that the public hearing for Bylaw #1755 be closed at 11:09 a.m. CARRIED UNANIMOUSLY 7 2018.06.26 COUNCIL MINUTES OF JUNE 12, 2018 6 _________ Initials DISPOSITION OF DELEGATION BUSINESS 9.0 Disposition of Delegation Business Cont’d 9.2 Three Hills Golf Course 251/18 Councillor Penner moved to assist the Three Hills Golf Course due to flood recovery with resources to a maximum value of $10,000.00 at administrations discretion being utilized in the 2018 budget year. Deputy Reeve King requested a recorded vote. In Favour Councillor Penner Councillor Christie Reeve Wittstock Councillor McGhee Councillor Keiver Opposed Deputy Reeve King Councillor Hugo CARRIED COUNCIL REPORTS 10.0 Council and Committee Reports 10.1 Committee of the Whole Meeting Minutes April 24, 2018- Approved minutes were provided from the April 24, 2018 Committee of the Whole Meeting. 10.2 Drumheller RCMP Statistics April 2018 – April 2019 Drumheller RCMP Statistics were provided. 10.3 Drumheller Solid Waste Association- Drumheller Solid Waste Association’s 2017 Financial Statements were provided. 254/18 Councillor McGhee moved that Council receive the Council and Committee reports as presented. CARRIED COUNCIL ACT LIST 11.0 Council Follow-Up Action List 255/18 Deputy Reeve King moved that Council receive the June 12, 2018 Council Follow-Up Action List as presented for information. CARRIED UNANIMOUSLY 8 2018.06.26 COUNCIL MINUTES OF JUNE 12, 2018 7 _________ Initials IN-CAMERA 12.0 In-Camera 256/18 Councillor McGhee moved that Council convene in-camera to discuss Inter-municipal Collaboration and Labour pursuant to section 21 and section 17 of the Freedom of Information and Protection of Privacy Act, at 11:14 a.m. CARRIED Deb Grosfield, Will Nyman, Mike Morton and Carolyn Van der Kuil left the meeting at 11:55 a.m. Councillor Keiver left the meeting at 1:00 p.m. 257/18 Councillor Christie moved that Council return to open meeting at 1:07 p.m. CARRIED 1:07 p.m. – meeting recessed to allow return of public. 1:07 p.m. - meeting resumed. No public was present. ADJOURNMENT Adjournment The meeting adjourned at 1:09 p.m. ________________________ Jerry Wittstock Reeve _______________________ Al Hoggan CAO 9 2018.06.26 Document Last Updated April 15, 2014 REQUEST FOR DECISION Agenda Item # 5.1.1 SUBJECT: 2018 Shoulder Pull Program MEETING DATE: 2018-06-26 PRESENTED BY: Brad Buchert, Sr. Manager of Transportation & Facilities BACKGROUND/ PROPOSAL Over the past few years we have developed a shoulder pull program to work in conjunction with the 2015 Kneehill County Road Study to enhance the longevity of roads. DISCUSSION/ OPTIONS/ BENEFITS/ DISADVANTAGES: List of roads scheduled for shoulder pull in 2018: Rge Rd 23-4 from T wp Rd 34-0 to Twp Rd 33-2A Twp Rd 33-4 from Hwy 21 to Rge Rd 25-1 Rge Rd 25-0 from Hwy 587 to Twp Rd 33-4 Twp Rd 33-2 from Rge Rd 25-1 to Hwy 587 Rge Rd 24-0 from Hwy 27 to Twp Rd 32-4 Twp Rd 32-4 from Hwy 21 to Rge Rd 24-0 Rge Rd 24-1 from Hwy 27 to Hwy 583 Twp Rd 32-2 from Rge Rd 24-0 to Rge Rd 27-1 Twp Rd 32-4 from Rge Rd 25-1 to Rge Rd 26-0 Rge Rd 25-5 from Hwy 27 to Twp Rd 32-4 Rge Rd 25-3 from Hwy 27 to Twp Rd 32-4 TOTAL OF 59 MILES Tentative schedule is the first week of August, working seven days per week. Completion expected within 30 days, weather permitting A soil stabilizer “Magnesium Chloride” will be applied on Rge Rd 24-1 from Hwy 583 to Hwy 27. This will harden the silt material within the road surface making it almost dust free, which will be good as this has become a haul roadway going north from the Three Hills Yard stockpile COSTS/SOURCE OF FUNDING: 2018 Operating Budget COMMUNICATIONS: Website, Newsletter LINK TO STRATEGIC PLAN: ATTACHMENTS: 2018 Shoulder Pull Map RECOMMENDED ACTION: Council moves to receive as information details on the 2018 Shoulder Pull Project. COUNCIL OPTIONS: 1. Council moves to receive as information details on the 2018 Shoulder Pull Project. 2. Council direct Administration to bring back additional information on the 2018 Shoulder Pull Project. MOTION: Council moves to receive as information details on the 2018 Shoulder Pull Project. Prepared By: Lorna Yost Approved By: Brad Buchert Reviewed By: Al Hoggan Operations Assistant Sr. Manager of Transportation & Facilities Chief Administrative Officer 10 2018.06.26 TWP 35 RNG 25 W 4 TWP 35 RNG 24 W 4 TWP 34 RNG 26 W 4 TWP 34 RNG 25 W 4 TWP 34 RNG 24 W 4 TWP 34 RNG 23 W 4 TWP 34 RNG 22 W 4 TWP 34 RNG 21 W 4 TWP 34 RNG 27 W 4 TWP 33 RNG 27 W 4 TWP 33 RNG 26 W 4 TWP 33 RNG 25 W 4 TWP 33 RNG 24 W 4 TWP 33 RNG 23 W 4 TWP 33 RNG 22 W 4 TWP 32 RNG 27 W 4 TWP 31 RNG 26 W 4 TWP 30 RNG 26 W 4 TWP 29 RNG 26 W 4 TWP 28 RNG 24 W 4 TWP 27 RNG 21 W 4 TWP 27 RNG 20 W 4 TWP 32 RNG 26 W 4 TWP 32 RNG 25 W 4 TWP 32 RNG 24 W 4 TWP 32 RNG 23 W 4 TWP 32 RNG 22 W 4 TWP 32 RNG 21 W 4 TWP 31 RNG 25 W 4 TWP 31 RNG 24 W 4 TWP 31 RNG 23 W 4 TWP 31 RNG 22 W 4 TWP 31 RNG 21 W 4 TWP 30 RNG 25 W 4 TWP 30 RNG 24 W 4 TWP 30 RNG 23 W 4 TWP 30 RNG 22 W 4 TWP 30 RNG 21 W 4 TWP 29 RNG 25 W 4 TWP 29 RNG 24 W 4 TWP 29 RNG 23 W 4 TWP 29 RNG 22 W 4 TWP 29 RNG 21 W 4 TWP 29 RNG 20 W 4 TWP 28 RNG 23 W 4 TWP 28 RNG 22 W 4 TWP 28 RNG 21 W 4 TWP 28 RNG 20 W 4 ROSEBUD RIVE R ROSEBUD RIVER KNEEHILLS CREE K KNEEH I L L S C R E E K R E D D E E R R I V E R THREEH I L L S C R E E K R E D D E E R R I V E R RE D D E E R R I V E R R E D D E E R R I V E R R E D D E E R R I V E R RE D D E E R R I V E R RED D E E R R I V E R KN E E H I L L S C R E E KTHREEHILLS CREEKTHREEHI L L S C R E E K G H O S T P I N E C R E E K GHOS T P I N E C R E E K GHOSTPINE CREEK GHOSTPIN E C R E E K R E D D E E R R I V E R RED DEER R I V E R KNE E H I L L S C R E E K KNEEHI L L S C R E E K KNEEHILLS C R E E K GH O S T P I N E C R E E K GHOST P I N E C R E E K G H O S T P I N E C R E E K G H O S T P I N E C R E E K GH O S T P I N E C R E E K POND A KNEEHILLS CREEK THREEHILLS C R E E K T H R E E H I L L S C R E E K THREEHILLS CREEK T H R E E H I L L S C R E E K POND C K N E E H I L L S C R E E K KNEEHILLS C R E E K KNE E H I L L S C R E E K K N E E H I L L S C R E E K K N E E H I L L S C R E E K THR E E H I L L S C R E E K TH R E E H 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TO DIDSBURY TWP RD 310 TWP RD 304 TO CARSTAIRS TWP RD 302 TWP RD 300 HWY 575 TO CARSTAIRS TP CROSSFIELD TWP RD 292 TWP RD 290 TWP RD 284 HWY 9 TO BEISEKER TWP RD 274 TWP RD 280 TWP RD 280 TWP RD 282 TWP RD 284 TWP RD 290 TWP RD 292 TOWN OF DRUMHELLER TWP RD 294 TWP RD 300 TO MUNSON TWP RD 310 TWP RD 304 TWP RD 312 TO MORRIN TWP RD 320 TWP RD 322 TWP RD 324 TWP RD 332 TO RUMSEY TWP RD 334 TWP RD 340 TWP RD 342 TWP RD 344 TWP RD 350 RG E R D 2 6 5 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 4 5 RG E R D 2 7 0 RG E R D 2 6 2 RG E R D 2 6 1 HW Y 8 0 6 TO B E I S K E R RG E R D 2 5 5 RG E R D 2 5 4 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 5 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 HW Y 2 1 TO S T R A T H M O R E RG E R D 2 3 5 RG E R D 2 3 4 RG E R D 2 3 3 HW Y 8 3 6 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 4 RG E R D 2 2 3 RG E R D 2 2 2 RG E R D 2 2 1 RG E R D 2 2 0 RG E R D 2 1 5 RG E R D 2 1 4 RG E R D 2 1 2 RG E R D 2 1 3 RG E R D 2 1 1 RG E R D 2 1 0 RG E R D 2 0 5 RG E R D 2 0 4 RG E R D 2 0 3 RG E R D 2 0 2 RG E R D 2 0 1 TWP RD 314 HWY 27 Threehills Linden Acme Carbon Trochu TWP RD 310 TWP RD 310A TWP RD 304 TWP RD 304 RG E R D 2 5 1 RG E R D 2 5 2 RG E R D 2 5 3 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 5 RG E R D 2 5 4 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 5 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 0 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 4 RG E R D 2 2 3 RG E R D 2 2 2 RG E R D 2 2 1 RG E R D 2 2 0 RG E R D 2 1 5 RG E R D 2 1 4 RG E R D 2 4 0 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 4 RG E R D 2 2 3 RG E R D 2 2 2 RG E R D 2 2 1 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 5 RG E R D 2 5 4 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 0 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 4 RG E R D 2 2 3 RG E R D 2 2 2 RG E R D 2 6 5 RG E R D 2 4 5 RG E R D 2 7 0 RG E R D 2 7 1 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 5 RG E R D 2 5 4 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 0 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 4 RG E R D 2 2 3 RG E R D 2 4 5 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 5 RG E R D 2 5 4 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 0 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 4 RG E R D 2 6 5 RG E R D 2 7 0 RG E R D 2 7 1 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 5 RG E R D 2 5 4 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 0 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 4 RG E R D 2 6 5 RG E R D 2 7 0 RG E R D 2 7 1 RG E R D 2 4 5 RG E R D 2 4 5 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 5 RG E R D 2 5 4 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 0 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 4 RG E R D 2 6 5 RG E R D 2 7 0 RG E R D 2 7 1 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 5 RG E R D 2 5 4 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 0 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 4 RG E R D 2 6 5 RG E R D 2 7 0 RG E R D 2 7 1 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 5 RG E R D 2 5 4 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 0 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 4 RG E R D 2 6 5 RG E R D 2 7 0 RG E R D 2 7 1 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 5 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 3 RG E R D 2 6 5 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 5 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 0 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 3 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 5 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 0 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 5 RG E R D 2 2 3 RG E R D 2 7 2 RG E R D 2 7 2 RG E R D 2 6 2 RG E R D 2 6 2 RG E R D 2 6 2 RG E R D 2 4 5 RG E R D 2 4 5 RG E R D 2 2 2 RG E R D 2 2 1 RG E R D 2 2 2 RG E R D 2 2 2 RG E R D 2 2 2 RG E R D 2 2 1 RG E R D 2 2 1 RG E R D 2 2 1 RG E R D 2 4 5 RG E R D 2 4 5 RG E R D 2 2 2 RG E R D 2 2 0 RG E R D 2 1 5 RGE RD 2 1 3 RG E R D 2 2 2 RG E R D 2 4 5 RG E R D 2 7 0 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 5 4 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 3 4 RG E R D 2 3 3 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 2 4 RG E R D 2 2 3 RG E R D 2 6 5 RG E R D 2 6 2 RG E R D 2 4 5 RG E R D 2 3 5 RG E R D 2 2 2 RG E R D 2 2 0 RG E R D 2 1 5 RG E R D 2 7 0 RG E R D 2 7 0 RG E R D 2 7 0 RG E R D 2 7 0 RG E R D 2 7 0 RG E R D 2 6 5 RG E R D 2 6 5 RG E R D 2 6 5 RG E R D 2 6 5 RG E R D 2 6 5 RG E R D 2 6 4 RG E R D 2 6 4 RG E R D 2 6 4 RG E R D 2 6 4 RG E R D 2 6 4 RG E R D 2 6 3 RG E R D 2 6 3 RG E R D 2 6 3 RG E R D 2 6 3 RG E R D 2 6 3 RG E R D 2 6 2 RG E R D 2 6 2 RG E R D 2 6 2 RG E R D 2 6 2 RG E R D 2 6 2 RG E R D 2 6 1 RG E R D 2 6 1 RG E R D 2 6 1 RG E R D 2 6 1 RG E R D 2 6 1 RG E R D 2 6 0 RG E R D 2 6 0 RG E R D 2 6 0 RG E R D 2 5 4 RG E R D 2 5 4 RG E R D 2 5 4 RG E R D 2 5 4 RG E R D 2 5 4 RG E R D 2 5 5 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 3 RG E R D 2 5 2 RG E R D 2 5 1 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 5 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 5 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 5 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 5 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 5 RG E R D 2 5 0 RG E R D 2 4 4 RG E R D 2 4 5 RG E R D 2 4 5 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 4 3 RG E R D 2 4 2 RG E R D 2 4 1 RG E R D 2 3 5 RG E R D 2 3 5 RG E R D 2 3 5 RG E R D 2 3 5 RG E R D 2 3 4 RG E R D 2 3 4 RG E R D 2 3 4 RG E R D 2 3 4 RG E R D 2 3 4 RG E R D 2 4 0 RG E R D 2 3 3 RG E R D 2 3 3 RG E R D 2 3 3 RG E R D 2 3 3 RG E R D 2 3 3 RG E R D 2 3 1 A RG E R D 2 3 2 RG E R D 2 3 2 RG E R D 2 3 1 RG E R D 2 3 1 RG E R D 2 3 1 RG E R D 2 3 1 RG E R D 2 3 1 RG E R D 2 3 1 RG E R D 2 3 1 RG E R D 2 3 0 RG E R D 2 3 0 RG E R D 2 3 0 RG E R D 2 3 0 RG E R D 2 3 0 RG E R D 2 2 4 RG E R D 2 2 4 RG E R D 2 2 4 RG E R D 2 2 4 RG E R D 2 2 5 RG E R D 2 2 5 RG E R D 2 2 5 RG E R D 2 2 3 RG E R D 2 2 3 RG E R D 2 2 3 RG E R D 2 2 1 A RG E R D 2 2 2 RG E R D 2 2 2 RG E R D 2 2 2 RG E R D 2 2 2 RG E R D 2 2 2 RG E R D 2 2 1 RG E R D 2 2 1 RG E R D 2 2 1 RG E R D 2 2 1 RG E R D 2 2 0 RG E R D 2 2 0 RG E R D 2 2 0 RG E R D 2 2 0 RG E R D 2 2 0 RG E R D 2 2 0 RG E R D 2 1 5 RG E R D 2 1 5 RG E R D 2 1 5 RG E R D 2 1 5 RG E R D 2 1 5 RG E R D 2 1 4 RG E R D 2 1 4 A RG E R D 2 1 3 RG E R D 2 1 4 RG E R D 2 1 3 RG E R D 2 1 2 A TWP RD 350 TWP RD 344 TWP RD 340 TWP RD 334 TWP RD 332 TWP RD 324 TWP RD 322 TWP RD 320 TWP RD 314 TWP RD 310 TWP RD 304 TWP RD 302 TWP RD 300 TWP RD 292 TWP RD 290 TWP RD 284 TWP RD 280 TWP RD 350 TWP RD 350 TWP RD 350 TWP RD 330 TWP RD 344 TWP RD 344 TWP RD 344 TWP RD 344 TWP RD 344 TWP RD 344 TWP RD 340 TWP RD 340 TWP RD 340 TWP RD 340 TWP RD 340 TWP RD 340 TWP RD 334 TWP RD 334 TWP RD 334 TWP RD 334 TWP RD 334 TWP RD 334 TWP RD 332 TWP RD 332 TWP RD 332 TWP RD 332 TWP RD 330 TWP RD 324 TWP RD 324 TWP RD 324 TWP RD 324 TWP RD 324 TWP RD 324 TWP RD 322 TWP RD 322 TWP RD 322 TWP RD 322 TWP RD 322 TWP RD 322 TWP RD 314 TWP RD 314 TWP RD 314 TWP RD 314 TWP RD 314 TWP RD 314 TWP RD 310 TWP RD 310 TWP RD 310 TWP RD 310 TWP RD 310A TWP RD 304 TWP RD 304 TWP RD 304 TWP RD 302 TWP RD 302 TWP RD 302 TWP RD 302 TWP RD 302 TWP RD 300 TWP RD 300 TWP RD 300 TWP RD 300 TWP RD 300 TWP RD 292 TWP RD 292 TWP RD 292 TWP RD 290 TWP RD 290 TWP RD 290 TWP RD 291ATWP RD 291A RG E R D 2 5 5 TWP RD 284 TWP RD 284 TWP RD 284 TWP RD 282 TWP RD 282 TWP RD 284 TWP RD 280 TWP RD 275 RG E R D 2 0 3 RG E R D 2 4 5 2018 SHOULDER PULL Linden Acme Carbon Three Hills 2018 SHOULDER PULL Legend: Provincial Paved Primary Provincial Paved Secondary Provincial Gravel Secondary County Gravel County Paved County Unimproved Private Gravel Private Paved Driveway Bridges Railway Residences B Churchs Cemetaries KNEEHILL COUNTY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE INFORMATION CONTAINED IN THIS DOCUMENT, INCLUDING, WITHOUT LIMITATION, WHETHER SAID INFORMATION IS ACCURATE OR COMPLETE. PERSONS USING THIS DOCUMENT DO SO SOLELY AT THEIR OWN RISK, AND KNEEHILL COUNTY SHALL HAVE NO LIABILITY TO SUCH PERSONS FOR ANY LOSS OR DAMAGE WHATSOEVER. THIS DOCUMENT SHALL NOT BE COPIED OR DISTRIBUTED TO ANY PERSON WITHOUT THE EXPRESS WRITTEN CONSENT OF KNEEHILL COUNTY. © 2017 KNEEHILL COUNTY. ALL RIGHTS RESERVED 11 2018.06.26 Document Last Updated February 27, 2018 REQUEST FOR DECISION Agenda Item # 5.3.1 SUBJECT: Draft Land Use Bylaw Proposed Amendments for Review MEETING DATE: 2018-06-26 PRESENTED BY: Barb Hazelton, Manager of Planning & Development BACKGROUND/ PROPOSAL Due to changes in Federal legislation regarding the legalization of cannabis, information is being brought forward for consideration to ensure that the municipality has taken the opportunity to define how cannabis will be dealt with at a municipal level. DISCUSSION/ OPTIONS/ BENEFITS/ DISADVANTAGES: The municipal government has been given an opportunity to implement bylaws relating to cannabis retail locations, cannabis recreational production, cannabis medical production and the public consumption of cannabis. Based on the discussions with Council at the May 22, 2018 Committee of the Whole meeting, the Planning Department is bringing forward some proposed revisions to the Land Use Bylaw for Council to review and consider. Planning has also taken the opportunity to make some minor changes to some sections of the Land Use Bylaw 1718 to bring clarification to these sections to ensure consistent usage. All additions and changes have been noted in red in the attached draft document. COSTS/SOURCE OF FUNDING: Internal Resources currently, however, public consultation and public hearing process will add some additional costs. ENGAGEMENT: ☐ Directive Decision (Information Sharing-One way communication) Goal: To educate and inform citizens Tools: ☐ Individual Notification or ☐ Public Notification ☒ Consultative Decision (Consulting the Public – Two way communication) Goal: To seek feedback, test ideas, develop concepts and collaborative solutions Tools: ☒ Public Hearing ☒ Open House ☐ Focus Group ☐ Other- ☐ Collaborative Decision (Active Participation- Share or delegate decision making) Goal: To share or delegate decision making Tools: ☐ Participatory Decision Making ☐ Inter-Municipal Agreement ☐ Other- LINK TO STRATEGIC PLAN: Safe & Viable Communities ATTACHMENTS: Draft Land Use Bylaw 12 2018.06.26 REQUEST FOR DECISION Agenda Item # 5.3.1 2 | Page RECOMMENDED ACTION: Council review the draft Land Use Bylaw for future consideration. Council move administration to proceed with a public engagement process that will include the placement of the draft document on the website for public review, an open house and inter-active website opportunities to allow public participation in the proposed amendments to the draft Land Use Bylaw. COUNCIL OPTIONS: 1. Council review the draft Land Use Bylaw for future consideration. Council move administration to proceed with a public engagement process that will include the placement of the draft document on the website for public review, an open house and inter-active website opportunities to allow public participation in the proposed amendments to the draft Land Use Bylaw. 2. Council direct administration to proceed with an alternative engagement process. 3. Council receive for information MOTION: Council review the draft Land Use Bylaw for future consideration. Council move administration to proceed with a public engagement process that will include the placement of the draft document on the website for public review, an open house and inter-active website opportunities to allow public participation in the proposed amendments to the draft Land Use Bylaw. Prepared By: Barb Hazelton Approved By: Laurie Watt Reviewed By: Al Hoggan Senior Planning & Development Officer Director of Municipal Services Chief Administrative Officer 13 2018.06.26 Kneehill County Land Use Bylaw Schedule “A: to Bylaw Number 1718 First Reading: June 14, 2016 (motioned by Councillor Holsworth) Public Hearing: August 16, 2016 Second Reading: September 13, 2016 (motioned by Councillor Wittstock) Third Reading: September 27, 2016 (motioned by Councillor Calhoun) Adopted – September 27, 2016 14 2018.06.26 2 Table of Contents Part I – Enactment ..................................................................................... 6 1. Title .............................................................................................................................................................. 7 2. Purpose ........................................................................................................................................................ 7 3. Previous Bylaws ........................................................................................................................................... 7 4. Severability .................................................................................................................................................. 7 5. Compliance with Other Legislation ............................................................................................................ 7 6. Non-Conforming Buildings & Uses ............................................................................................................. 8 7. Establishment of Land Use Districts ........................................................................................................... 8 Part II – Approving Authorities .................................................................. 10 8. Subdivision & Development Authority ...................................................................................................... 11 9. Subdivision & Development Appeal Board ................................................................................................ 12 10. Municipal Planning Commission ................................................................................................................ 12 Part III – Administration ............................................................................ 13 11. Forms ........................................................................................................................................................... 14 12. Amendments ............................................................................................................................................... 14 Part IV – Development Permit Procedures ............................................... 15 13. Development Permit Required .................................................................................................................. 16 14. Development Permit NOT Required .......................................................................................................... 16 15. Application for Development Permit ......................................................................................................... 17 16. Application for Home Occupation ............................................................................................................. 20 17. Permitted Use Applications ........................................................................................................................ 21 18. Discretionary Use Applications .................................................................................................................. 23 19. Application for Unlisted Proposed Use ...................................................................................................... 23 20. Development Agreements ......................................................................................................................... 23 21. Application Decisions .................................................................................................................................. 24 22. Temporary Use & Development Approvals ............................................................................................... 24 23. Development Permits & Notices ................................................................................................................ 25 24. Environmental Review ................................................................................................................................ 26 Part V – Appeal Procedure ........................................................................ 30 25. Appeal Procedure ....................................................................................................................................... 31 26. Court of Appeal ........................................................................................................................................... 31 Part VI – Enforcement ............................................................................... 33 27. Contravention ............................................................................................................................................. 34 15 2018.06.26 3 28. Prohibitions ................................................................................................................................................. 34 29. Non-Compliance ......................................................................................................................................... 34 30. Stop Work Orders ....................................................................................................................................... 35 31. Offences & Penalties ................................................................................................................................... 35 Part VII – General Land Use Regulations ................................................... 38 32. Uses Permitted in All Land Use Designations ............................................................................................ 39 33. Accessory Buildings & Structures ............................................................................................................... 39 34. Corner Parcel & Site Triangles .................................................................................................................... 39 35. Dwelling Units Per Lot................................................................................................................................. 40 36. Development Near Water .......................................................................................................................... 40 37. Floodplain Development ............................................................................................................................ 40 38. Hazard Lands ............................................................................................................................................... 41 39. Height of Buildings & Structures ................................................................................................................ 41 40. Livestock Allotted per Acre on Parcels 20 Acres or Less ........................................................................... 41 41. Projections into Setbacks ........................................................................................................................... 42 42. Relocation of Buildings or Structures......................................................................................................... 43 43. Rural Industrial District ............................................................................................................................... 44 44. Residential & Industrial Uses Adjacent ...................................................................................................... 44 45. Site Development........................................................................................................................................ 45 46. Topographic Features ................................................................................................................................. 45 Part VIII – Specific Use Regulations ........................................................... 48 47. Alternative Energy Systems ........................................................................................................................ 49 48. Auxiliary Dwelling Unit ................................................................................................................................ 50 49. Bed & Breakfast Establishments ................................................................................................................ 50 50. Campgrounds .............................................................................................................................................. 50 51. Drainage ...................................................................................................................................................... 51 52. Dugouts & Man-made Water Features ..................................................................................................... 51 53. Geothermal Energy Systems ...................................................................................................................... 52 54. Hamlet Regulations ..................................................................................................................................... 52 55. Home Occupations ..................................................................................................................................... 53 56. Housing, Garden Suites .............................................................................................................................. 54 57. Housing, Manufactured – Type 1 (Modular) ............................................................................................. 55 58. Housing, Manufactured – Type 2 (Mobile)................................................................................................ 55 59. Indoor Riding Arena, Private ...................................................................................................................... 56 60. Kennel Regulations ..................................................................................................................................... 56 61. Medical Marijuana Production Facilities ................................................................................................... 56 62. Portable Storage Containers ...................................................................................................................... 57 63. Solar Energy................................................................................................................................................. 58 64. Stripping, Excavation, Extraction & Grading .............................................................................................. 59 16 2018.06.26 4 65. Vehicle & Construction Materials Storage ................................................................................................ 60 66. Wind Energy Conversion Systems .............................................................................................................. 61 67. Work Camp .................................................................................................................................................. 63 68. Wrecking Yard (Auto & Equipment Wreckage Site) .................................................................................. 64 Part IX – Landscaping, Fencing & Screening ............................................. 65 69. Landscaping Requirements ........................................................................................................................ 66 70. Shelterbelts & Fences ................................................................................................................................. 66 Part X – Parking Provisions ........................................................................ 68 71. Parking Requirements ................................................................................................................................ 69 72. Road Approaches ........................................................................................................................................ 70 Part XI – Sign Regulations .......................................................................... 71 73. Definitions for Signage ................................................................................................................................ 72 74. General Sign Regulation ............................................................................................................................. 73 75. Prohibited Signs .......................................................................................................................................... 74 76. Signs NOT Requiring a Development Permit ............................................................................................. 75 77. Signs Requiring a Development Permit ..................................................................................................... 75 78. Freestanding Signs ...................................................................................................................................... 76 79. Fascia or Wall Sign ...................................................................................................................................... 77 80. Portable Signs .............................................................................................................................................. 77 81. Projecting Signs ........................................................................................................................................... 77 82. Temporary Signs ......................................................................................................................................... 78 83. Signage for a Bed & Breakfast .................................................................................................................... 78 Part XII – Land Use Districts ...................................................................... 79 84. A - Agriculture District ................................................................................................................................ 80 85. AB – Agriculture Business District .............................................................................................................. 84 86. CR – Country Residential District ............................................................................................................... 87 87. HR – Hamlet Residential District ................................................................................................................ 89 88. HC – Hamlet Commercial District .............................................................................................................. 91 89. HI – Hamlet Industrial District .................................................................................................................... 93 90. HG – Hamlet General District ..................................................................................................................... 95 91. XH – EX-Hamlet District .............................................................................................................................. 98 92. HWY-C – Highway Commercial District ..................................................................................................... 100 93. LRC – Local Rural Commercial District ....................................................................................................... 102 94. LI – Light Industrial District ......................................................................................................................... 105 95. I – Industrial District .................................................................................................................................... 108 96. R – Recreation District ................................................................................................................................ 111 97. MH – Manufactured Home District ........................................................................................................... 114 98. DC – Direct Control District ........................................................................................................................ 118 17 2018.06.26 5 Part XIII – Definitions ................................................................................. 120 Part XIV – Land Use Maps ......................................................................... 148 18 2018.06.26 6 PART I - ENACTMENT 1. Title 2. Purpose 3. Previous Bylaws 4. Severability 5. Compliance with other Legislation 6. Non-Conforming Buildings & Uses 7. Establishment of Land Use Districts 19 2018.06.26 7 Part I - ENACTMENT 1. Title This Bylaw may be cited as the “Kneehill County Land Use Bylaw.” 2. Purpose The purpose of this Bylaw is to regulate the orderly, economical and beneficial development and use of land and buildings within the County, and for that purpose the Bylaw, among other things, (a) Divides the County into land use districts; (b) Prescribes and regulates, for each land use district, the purpose for which the land and buildings may be used; (c) Establishes the roles of the Development Authority; (d) Establishes the method of making decisions on applications for development permits, including the issuing of development permits; (e) Sets out the method of appealing a decision relative to this Bylaw; and (f) Provides the manner in which notice of the issuance of a development permit is given. The Bylaw shall be applied in a manner that serves to implement statutory plans and local plans which have been adopted by the County, and is consistent with the Municipal Government Act (hereinafter referred to as “the Act”) and the County's Municipal Development Plan, as amended from time to time. 3. Previous Bylaws Bylaw No. 1564 and amendments thereto are hereby repealed. 4. Severability If any provision of this Bylaw is held to be invalid by a decision of a court of competent jurisdiction, that decision will not affect the validity of the remaining portions of this Bylaw. 5. Compliance with other Legislation A person applying for, or in possession of, a valid development permit is not relieved from the responsibility of ascertaining and complying with, or carrying out development in accordance with: (a) The requirements of the Alberta Safety Codes Act, R.S.A. 2000, Chapter S -1; (b) Bylaws and Policies of the County; 20 2018.06.26 8 (c) The requirements of any other appropriate federal, provincial or municipal legislation; (d) The conditions of any caveat, covenant, easement or other instrument affecting a building or land; (e) The requirements of Alberta Agricultural Operation Practices Act, R.S.A. 2000, Chapter A-7; and (f) General Municipal Servicing Standards, as amended. 6. 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 to the provisions of this 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. (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 building shall not be enlarged, added to, rebuilt or structurally altered except: (a) As may be necessary to make it a conforming building, or (b) As the Development Authority considers necessary for the routine maintenance of the building, or (b)(c) In accordance with a land use bylaw that provides minor variance powers to the development authority for the purposes of this section (c)(d) As provided for in Section 17(2) and Section 18(1). (5) If a non-conforming building is damaged 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. 7. Establishment of Land Use Districts (1) The locations and boundaries of the land use districts are shown on the L and Use District Maps, which form Part XIV of this Bylaw. (2) The District boundaries shown on the Land Use Maps shall be interpreted as follows: 21 2018.06.26 9 (a) Where a boundary follows a public road, railway, pipeline, power line, utility right-of-way, or easement, it follows the center line, unless otherwise clearly indicated; (b) Where a boundary is shown as approximately following the County boundary, it follows the County boundary; (c) Where a boundary is shown as approximately following the edge or shorelines of any river, lake, creek or other water body, it follows the edge or shoreline. (d) Where a boundary is shown as approximately following a lot line, it shall be deemed to follow the lot line; and (e) In circumstances not covered above, the location of the boundary shall be determined: i. using any dimensions given on the map; or ii. where no dimensions are given, measurement using the scale shown on the map. (3) Where the exact location of the boundary of a land use district cannot be determined, using the rules in Subsection (2), the Council, on its own motion or on a written request, shall fix the location: (a) In a manner consistent with the provisions of this Bylaw; and (b) With the appropriate degree of detail required. (4) The location of a district boundary, once fixed, shall not be altered except by an amendment of this Bylaw. (5) The Council shall keep a list of its decisions fixing the locations of district boundaries. 22 2018.06.26 10 PART II - APPROVING AUTHORITIES 8. Subdivision & Development Authority 9. Subdivision & Development Appeal Board 10. Municipal Planning Commission 23 2018.06.26 11 PART II - APPROVING AUTHORITIES 8. Subdivision & Development Authority (1) Pursuant to Kneehill County Bylaw 1340 1721 and amendments thereto, The Municipal Planning Commission is established to act as the Subdivision and Development Authority to exercise powers and duties for Kneehill County pursuant to the Municipal Government Act. The Municipal Planning Commission shall: (a) Perform such duties as are required pursuant to this Bylaw and amendments thereto; and (b) Consider and if necessary, state terms and conditions on planning and development matters referred by the Development Officer. (2) The Development Officer acting as the Development Authority established pursuant to Kneehill County Bylaw 13401721 and amendments thereto: (a) Shall perform such duties as specified in this Bylaw, Bylaw 13401721, and the Act; (b) Shall keep and maintain for the inspection of the public during office hours, a copy of this Bylaw and all amendments thereto and ensure that copies of same are available to the public at a reasonable charge; and (c) Shall keep a register of all applications for development including the decisions thereon and the reasons therefore, and all orders as per Retention Bylaw 1641 and amendments there to. (d) Shall receive all completed development permit applications; (e) Shall consider and decide on all complete development permit applications for permitted uses in any Land Use District; (f) Shall refer at his or her discretion, a permit application for comments to those authorities whose interest or jurisdiction may be affected; (g) May refer development permit applications to the Municipal Planning Commission; (h) May refer any other planning or development matters to the Municipal Planning Commission for its review, support or advice; (i) Shall refer all such applications to the Alberta Ene rgy Regulator within 1.5 km (0.93 mile) of a sour gas facility; (j) Shall refer, to adjacent urban centers any application for a discretionary use falling within a 1.6 km (1 mile) radius of the relevant Municipality, unless otherwise stated in an Inter-municipal Development Plan; 24 2018.06.26 12 (k) Shall refer, to adjacent rural municipalities any application for a discretionary use falling within a 0.8 km (0.5 mile) radius of the relevant Municipality, unless otherwise stated in an Inter-municipal Development Plan; (l) Shall refer any such application to adjacent land owners for a discretionary use or for a proposed development requesting a variance/relaxation in excess of 10% of any listed maximum or minimum standard; and (m) Shall refer with recommendations, to the Municipal Planning Commission for its consideration and decision, applications for a development permit for those uses listed in Part XII Land Use Districts, which constitute a discretionary use in a District. 9. Subdivision & Development Appeal Board The Subdivision and Development Appeal Board established by Bylaw of the Municipality of Kneehill County shall perform all duties as specified in Bylaw 1339 1754 and amendments there to. 10. Municipal Planning Commission The Municipal Planning Commission established by Bylaw of the Municipality of Kneehill County shall perform all duties as specified in Bylaw 13401721. 25 2018.06.26 13 PART III - ADMINISTRATION 11. Forms 12. Amendments 26 2018.06.26 14 PART III - ADMINISTRATION 11. Forms For the purpose of administering this Land Use Bylaw, the Development Authority shall prepare such forms and notices as he or she may deem necessary. Any such forms or notices are deemed to have the full force and effect of this Land Use Bylaw in the execution of the purpose for which they were designed, authorized and issued. 12. Amendments (1) Any person may apply to have this Bylaw amended. (2) The Council may initiate amendments to this Bylaw by its own motion. (3) Council shall make all amendments to this Bylaw in conformity with the Act, by bylaw. (4) If an amendment to the Bylaw is refused, a similar application may not be received for six (6) months following the final date of the decision. 27 2018.06.26 15 PART IV – DEVELOPMENT PERMIT PROCEDURES 13. Development Permit Required 14. Development Permit Not Required 15. Application for Development Permit 16. Application for Home Occupation 17. Permitted Use Applications 18. Discretionary Use Applications 19. Application for Unlisted Proposed Use 20. Development Agreements 21. Application Decisions 22. Temporary Use & Development Approvals 23. Development Permits & Notices 24. Environmental Review 28 2018.06.26 16 PART IV – DEVELOPMENT PERMIT PROCEDURES 13. Development Permit Required Except as otherwise provided for in Section 14 Development Permit NOT required, no development shall be commenced or continued within the County unless a development permit has been issued, the development permit has not expired and the development is in accordance with the terms and conditions of a development permit issued pursuant to this Bylaw. 14. Development Permit Not Required (1) A Development Permit is not required with respect to the following developments and/or uses unless specifically excluded in a Land Use District or Direct Control Bylaw, but such developments shall otherwise comply with the provisions of this Bylaw such as setbacks and must be carried out or performed in accordance with all other applicable legislation, regulations and bylaws: (a) Those uses and developments exempt under the Act and regulations thereto. (b) The carrying out of works of maintenance or repair to any building provided that such works do not include structural alterations or major works of renovationadditions or any increase in footprint. (c) The creation and maintenance of all shelterbelts greater than 10.6 m (35 ft.) from the right of way of a local road, 41.1 m (135 ft.) from the right of way of a highway, and 30.5 m (100 ft.) from an intersection. No variance will be granted for setbacks. (d) The completion of a building which was lawfully approved whether or not it was under construction at the date of this Bylaw enactment, provided the building: i. is completed within twelve (12) months from the date this Bylaw comes into full force and effect; and ii. is completed in accordance with any development permit issued for it. (e) The use of a building referenced in Section 14(1)(d) for the purpose for which construction was started. (f) The construction, maintenance and/or repair of public works, services or utilities carried out by or on behalf of federal, provincial or municipal government authorities. (g) The construction, maintenance and repair of private walkways, pathways, driveways and similar works on privately owned property. Approval from the County is required for access onto a municipal road. (h) The use of a building or part thereof as any official temporary use in connection with a federal, provincial, or municipal election, referendum, census, or plebiscite. 29 2018.06.26 17 (i) The construction of temporary federal, provincial, or municipal work camps. (j) The construction of a movable accessory building or structure less than 2.0 m (6.5 ft.) high and not more than 10 18.58 m2 (107.6 200 ft2) in floor area, excluding a deck in all Districts excluding Agriculture (A). (k) In the Agricultural District (A), an accessory structure/building less than 18.58 m2 (200 ft2), grain bins, and/or silos. Note: All structures must meet the required setbacks in the Agriculture District so as not to interfere with County road maintenance/ expansion and sightlines. (l) The erection of a satellite dish, light standard, or flagpole and structures less than 4.5 m (15 ft.) in height from grade, when located and sited on a parcel containing a single detached dwelling, duplex or manufactured home, in accordance with the accessory building setback provisions. (m) The installation of a single wind turbine which is roof mounted or on a tower less than 12.2 m (40 ft.) in height, in the Agricultural District. (n)(m) Signage in accordance with Section 75, Signs NOT requiring a development permit. (o)(n) Ornamental pond means a man-made water feature where its value is decorative. (p) Dugouts do not require a development permit prior to construction. Notwithstanding any other provision in this bylaw, dugouts must be set back a minimum of 15.2 m (50 ft.) from any side or rear property line and a minimum 30.5 m (100 ft.) from any road right-of-way. All side slopes should not exceed a slope of 3:1 on all four sides. (2) In all districts, excluding the Agriculture District, a development permit is not required for the erection or construction of gates, fences, walls or other means of enclosure less than 0.9 m (3 ft.) in height in front yards and less than 1.8 m (6 ft.) in side and rear yards, except on Corner Parcels or where abutting on a road used by vehicular traffic where they must meet the regulations set out for Corner Parcels in Section 34. (3) In the Agricultural District, a development permit is not required for the erection or construction of any gates, open fences (non-opaque), walls, or other means of enclosure less than 2.7 m (9 ft.) in height provided that such gates, fences, walls, or other means of enclosure do not impede sight lines of vehicular traffic on roads meeting regulations set out for Corner Parcels in Section 34. 15. Application for Development Permit (1) An application for a development permit shall be made to the Development Authority, in writing on a form prescribed by the Development Officer and shall be accompanied by: (a) One (1) copy of a fully dimensioned, scaled site plan, indicating: 30 2018.06.26 18 i. existing parcel(s) dimensions and area; ii. proposed parcel(s) dimensions and area (if applicable); iii. location of all the existing and proposed buildings, structures, wells, and septic tanks and fields; iv. the location of all existing and proposed registered easements or rights-of- way; v. existing and proposed site access; vi. north arrow, scale and date of drawing with the site plan; vii. any reserve lands provided (if applicable); viii. watercourses; ix. water bodies including dugouts and dams; x. ravines; xi. slopes in excess of 15%; xii. where applicable, existing and proposed approaches, driveways, parking and loading areas, abutting streets, avenues and lanes, and surface drainage patterns; and xiii. where applicable, the location of abandoned and proposed wells, septic tanks, disposal fields, culverts and crossings, for structures of greater than 47 m2 (500 ft.2). (b) A satellite image is acceptable for a site plan, as long as the required information is noted. (b)(c) Floor plans, elevations, and cross sections if required by the Development Authority; (c)(d) A current Certificate of Title no older than one month from the date of application; (d)(e) A statement of uses; (e)(f) If the applicant is not the registered owner, a statement of the applicant’s interest in the land accompanied by the written consent of the registered owner(s); (f)(g) The estimated commencement and completion dates; (g)(h) The estimated cost of the project or contract price; (h)(i) A non-refundable development permit administration fee, as established by in the Master Rates Bylaw; 31 2018.06.26 19 (i)(j) Any other plans and information the Development Authority may deem necessary to properly evaluate the proposed development, which may include, but not be limited to: i. a plan of survey prepared by an Alberta Land Surveyor ii. topography; iii. soil characteristics; iv. potential for flooding, subsidence or erosion; v. legal description of subject property and all abutting properties; vi. identification of all drainage courses and/or the proposed storm water drainage plan; vii. landscape plan; viii. site grades, the front, rear and side yards, and landscaped areas ix. location and access to garbage pick-up; x.ix. sign location and details; xi.x. the design and location of sidewalks, patios, playgrounds, and other similar features; xii.xi. schedule showing area of site, building floor area, number of units, number of parking and loading spaces and a calculation of Lot Coverage and floor space ratio; xiii.xii. existing and proposed services (public or private systems location); xiv.xiii. a Storm Water Management Study, prepared by a qualified professional, describing how storm water runoff will be managed, in terms of both runoff rates and volumes and water quality, its potential for flooding, subsidence and/or erosion; xv.xiv. the availability and adequacy of municipal services which, without restricting the generality of the foregoing, may include fire protection (water model), education services, student transportation, and police protection; xvi.xv. a Phase I Environmental Site Assessment, conducted in accordance with the Canadian Standards Association, where the potential for prior contamination of a site exists. Follow-up assessments and remedies may be required based on the results of the Phase I Environmental Site Assessment; xvii.xvi. the need to maintain an adequate separation distance between different or incompatible land uses. A plan outlining a buffering or interface treatment to minimize impacts of commercial and industrial land uses on neighboring land uses may be required. A Noi se Attenuation Study, 32 2018.06.26 20 conducted by a qualified professional, may be required. The separation distance shall be as prescribed by the Development Authority, recognizing the type and magnitude of both the proposed development and surrounding land uses; and xviii.xvii. the necessity/requirement of a detailed Geotechnical Engineering Study, prepared by a qualified professional, for development on lands that may be prone to flooding, erosion, slope stability or other hazard risk that confirms that the site is suitable for the proposed development and describing any measures to be taken to safeguard the proposed development. (2) The Development Authority may refuse to accept an application for a development permit where the information required by Section 15(1) has not been supplied or where, in the opinion of the Development Authority, the quality of the material supplied is inadequate to properly evaluate the application. (3) The Development Authority may consider an application and render a decision without all of the information required by Section 15(1) if, in the opinion of the Development Authority, a decision on the application can reasonably be made without such information. (4) In addition to the development permit application requirements in Section 15(1), the Development Officer, Development Authority, and/or Council may require additional information deemed necessary to evaluate the application, whic h may include the following: (a) A statement describing how relevant statutory and non-statutory plans such as the Municipal Development Plan, Area Structure Plans, Outline Plans and Inter- Municipal Plans, have been considered and affect the application and this Bylaw; (b) Preparation and approval of supporting plans such as Area Structure Plans, Area Redevelopment Plans, and Outline Plans in accordance with municipal policy at the discretion of the Development Authority; and (c) Any technical studies. (5) If the proposed development or land use is located within an Environmentally Significant Area (ESA), as defined by the province, and amended from time to time, the Development Authority will determine if the proposed land use or development requires a full or basic environmental review, or neither (see Section 24). 16. Application for a Home Occupation (1) An application for a Home Occupation development permit shall be made to the Development Authority and shall include the following: (a) A detailed description of the business, including the types of operations or activities that will take place at the site; 33 2018.06.26 21 (b) The detailed description of the materials, equipment and/or vehicles that will be used, where they will be stored on site and, if stored outside, what screening will be provided from the road and neighbors; (c) The number of resident and non-resident employees visiting or working at the property; (d) The number of anticipated business visits per day to the property; (e) The number of parking spaces on the property; and (f) Other measures that will be undertaken to avoid potential nuisance effects for neighbors. (2) All development permits issued for discretionary 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 neighborhood. (3) The Development Authority may issue a temporary use permit for a home occupation. (4) In addition to the regulations listed above, other regulations may apply. See Section 55 for regulations specific to Home Occupations. (5) A business license may be issued for non-residents wanting to do business in Kneehill County. 17. Permitted Use Applications (1) Upon receipt of a completed application for a development permit for a permitted use in any district, other than a Direct Control District, the Development Officer shall approve, with or without conditions, an application for a permitted use where the proposed development conforms to this Bylaw, the Municipal Government Act, the Subdivision and Development Regulation, and statutory plans and may require: (a) The applicant to enter into a development agreement or an interim agreement, which shall form part of such a development permit and may be required to be registered by caveat against the title to the site at the Land Titles Office, to do any or all of the following: i. to construct or pay for the construction of a road required to give access to the development; ii. to construct, or pay for the construction of: a. a pedestrian walkway system to serve the development; b. pedestrian walkways to connect the pedestrian walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development, or both; Formatted: Font: 12 pt Formatted: Normal 34 2018.06.26 22 iii. to install or pay for the installation of public utilities, other than telecommunications systems or works, that are necessary to serve the development; iv. to construct or pay for the construction of: a. off-street or other parking facilities; and b. loading and unloading facilities; (b) The provision of utilities including, but not limited to, water, electric power, wastewater, storm sewer, natural gas, cable, or any one or more of them, including payment of the cost of installation or construction of any such utility or facility by the applicant; (c) The provision of vehicular and pedestrian access from public roads and trails, on- site vehicular and pedestrian circulation, parking, loading, landscaping or drainage, or any one or more of these matters, including payment of the costs of installation or constructing any such facility by the applicant; (d) The payment of any applicable off-site levy or redevelopment levy; (e) Any measures to ensure compliance with the requirements of this Land Use Bylaw or any other statutory plan adopted by the County; (f) Easements and/or encroachment agreements; (g) The provision of a real property report to the satisfaction of the Development Authority; (h) The provision of security, acceptable to the County, to ensure compliance with this Bylaw, a development permit, an agreement under this clause and/or a statutory plan, which security may include, but is not limited to, an irrevocable letter of credit or cash to ensure the terms of the permit are carried out ; (i) Time periods stipulating completion of development; and (j) Any measures to ensure compliance with applicable federal, provincial and/or other municipal legislation and approvals. (2) Upon receipt of a completed application for a development permit for a permitted use in any District, other than a Direct Control District, that does not conform to the requirements of the Land Use Bylaw, the Municipal Government Act, the Subdivision and Development Regulation, and statutory plans, the Development Authority: (a) May refuse the application stating the reasons for refusal; or (b) May approve the application subject to conditions to ensure that the application conforms to the requirements of the Land Use Bylaw, the Municipal Government Act, the Subdivision and Development Regulation, and statutory plans; or 35 2018.06.26 23 (c) May approve the application, subject to those regulations of this Bylaw that pertain to an application for a permitted use, if in the opinion of the Development Authority, the proposed development: i. would not unduly interfere with the amenities of the neighborhood; or ii. would not materially interfere with or affect the use enjoyment or value of the neighboring sites; and iii. conforms to the use prescribed for that land or building in the Land Use Bylaw; and iv. would not require a variance of any minimum or maximum standard within the district in excess of 10%. 18. Discretionary Use Applications (1) Upon receipt of a completed application for a discretionary use in any District other than a Direct Control District, the Municipal Planning Commission, at its discretion, may approve the application for a discretionary use subject to conditions listed under Section 17(1) and any conditions that the Development Authority may deem appropriate to ensure compatibility with the amenities of the neighborhood and the use, enjoyment and value of neighboring parcels of land, including, but not limited to the following: (a) Limiting the time of operation including hours of the day, days of the week, or parts of the year; (b) Specifying the period of time during which the development may continue; (c) Limiting the number of patrons; (d) Requiring attenuation or mitigation of noise or any other nuisances that may be generated by the proposed development; (e) Regarding the location, character and appearance of buildings; (f) Regarding mitigations recommended by an environmental assessment; and (g) Regarding the grading of the site or such other matters as are necessary to protect the site from other developments or to protect other developments from the site; (2) For a discretionary use in any District other than a Direct Control District, the Municipal Planning Commission, in its discretion, may refuse an application for a discretionary use permit stating the reasons for its refusal. 19. Application for an Unlisted Proposed Use 36 2018.06.26 24 Where the proposed use is not listed in a land use district, the Development Authority 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. 20. Development Agreement (1) The Municipality may register a caveat pursuant to the provisions of the Land Titles Act and the Municipal Government Act in respect of an agreement under this Section against the Certificate of Title for the land that is the subject of the development, which said caveat shall be discharged when the agreement has been complied with. (2) The Municipal Planning Commission may require conditions consistent with Section 17(1) or any other conditions as deemed appropriate. The applicant may be required 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. 21. Application Decisions (1) In the case where an application for a development permit has been refused pursuant to this Section of the Bylaw or ultimately after appeal, the submission of another application for a permit on the same parcel and for the same or similar use of land by the same or any other applicant may not be accepted by the Development Authority for at least six (6) months after the date of the final decision unless, in the opinion of the Development Authority, the reasons for refusal have been adequately addressed or circumstances of the application have changed significantly. (2) If a decision is not made on a development permit application within forty (40) days after its receipt by the Development Authority, 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 Authority to extend the 40 day period. The 40-day time-period begins when the application may reasonably be deemed complete as per Section 15. (3) Where the Municipality is requested to provide comments on a Real Property Report (RPR) with respect to legally established or non-conforming development, the Development Authority may state whether a development is conforming, non- conforming, or legally non-conforming based on: (a) A Real Property Report (RPR) that has been prepared not more than three one (31) years prior to the date of the application. Two (2) original copies of the RPR to be provided; 37 2018.06.26 25 (b) If RPR is older than one (1) year, Aan affidavit is required stating that nothing has changed in that time; and (c) A current Certificate of Title. (c)(d) RPR’s greater than fifteen (15) years will not be accepted. 22. Temporary Use & Development Approvals (1) Where a proposed development is for a discretionary use, the Development Authority may issue a temporary development permit for that development if: (a) the proposed development is of a temporary nature; or (b) The Development Authority wishes to ensure that the development authorized by the permit will cease by a specified date or will not be ongoing indefinitely. (2) Temporary use applications shall be subject to the following conditions: (a) The applicant or developer is liable for any costs involved in the cessation or removal of any development at the expiration of the permitted period; (b) The Development Officer or the Municipal Planning Commission may require the applicant to submit an irrevocable letter of credit or other acceptable form of security guaranteeing the cessation or removal of the temporary use; and (c) Any other conditions as deemed necessary, including a development agreement. (3) Unless otherwise specified on the face of the development permit or in the conditions of development approval, if the development or use authorized by a development permit is not commenced and diligently pursued within twelve (12) months from the effective date of the permit, such permit approval ceases and the permit itself is deemed void, expired and without effect. (4) A temporary development permit may be renewed prior to the expiration/expiry date, upon application to the Development Authority, provided that no changes have been made to the original application. The development shall not be continued after expiration of the development permit and prior to renewal of the development permit, unless the Development Authority has agreed to allow it to continue during the processing of the renewal application. (5) When a permit for a temporary use expires, a new application is required. Such application shall be dealt with as a new application and there shall be no obligation to approve it on the basis that a previous permit had been issued. 38 2018.06.26 26 (6) Upon expiration of a temporary development permit, the development or use thereby authorized shall cease to be continued. All uses and/or buildings, structures, equipment, and things erected, placed upon or used in or upon lands or buildings in connection with the development shall be removed within 120 days from the lands or buildings upon, or in which the development was being carried out. The County is not liable for any costs involved in the cessation or removal of the development at the expiration of the time period stated in the permit. Held security will be released upon completion of an inspection by the County, certifying that the temporary use has been removed. 23. Development Permits & Notices (1) Any decision by the Development Authority on a development permit application shall be given in writing to the applicant. (2) If an application is conditionally approved or refused by the Development Authority, the notice of decision shall contain the conditions imposed as part of the approval or the reasons for the refusal. (3) 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; and (b) Be without prejudice to the Development Authority’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. (4) A development permit shall come into effect twenty-one fourteen (1421) days after the date of the issue of the Notice of Decision, as described in Section 23(6) of this Bylaw, unless an appeal is made to the subdivision and development appeal board. Any development commenced prior to the development permit coming into effect, is done solely at the risk of the applicant. (5) If an appeal is made, pursuant to Part V 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. (6) When a permit has been granted, the Development Authority shall: (a) Notify in writing all registered owners of land who in the opinion of the Development Authority may be affected and/or; (b) The applicant shall post a notice of the decision conspicuously on the property for which the application has been made; and/or 39 2018.06.26 27 (c) Publish a notice of the decision in a newspaper circulating in the Municipality stating the legal description of the land on which the development was approved, the land use approved, and the procedure for any appeals; and (7) If the development authorized by a permit is not commenced within twelve (12) months from the effective date, or carried out with reasonable diligence, the permit approval ceases and the permit itself is deemed void, expired and without effect, unless an extension to this period has been granted by the Development Authority. 24. Environmental Review (1) The following requirements of this regulation may be applied by the Development Authority prior to approving any development on lands located within Kneehill County. (a) Recommendations for impact mitigation resulting from the approved environmental review shall be applied and adhered to as a condition of the development permit. (b) Where provincial or federal statute requires environmental reporting, such reporting may be combined with County requirements for simplicity. (c) A qualified environmental professional must undertake both basic reviews and full reviews. Both types of reviews must specifically answer these three questions: i. What are the environmental features of importance in the area potentially impacted by the proposed development or land use? ii. What are the reasonably foreseeable impacts on those environmental features of importance by the proposed development? iii. What actions or strategies are recommended to minimize negative impacts and maximize positive impacts? (d) A full environmental review shall be required for proposed land uses or developments that are considered to have a high likelihood of having detrimental impacts on environmental features of importance. Full environmental reviews will include a field-based environmental impact and mitigation report undertake n during the season appropriate to observe the ecological functions of concern. Where more than one trigger below activates an environmental review, the review shall consider all triggers in a cumulative fashion. These reviews are required for: i. All developments as per 24(1)(d), requiring a land use re-designation or an Area Structure Plan prior to third reading; or ii. New applications, or expansions of 10% or greater on existing applications, for: a. Abattoir 40 2018.06.26 28 b. Any development that contains a component of Hazardous/Noxious Uses c. Compost Facility d. Destruction or alteration of 10,000 m2 or more of Riparian Area e. Gas Bar f. Golf Course g. Medical Cannabis Production Facility g.h. Cannabis Recreational Production Facility h.i. Natural Resource Extractive Industry i.j. Recreational, Major j.k. Recreational Resort k.l. Waste Management Facility, Major l.m. Wind Energy Conversion System m.n. Wrecking Yard iii. Any application that the Development Authority has reason to believe warrants a full review, for cause. (e) A basic environmental review may be required for proposed land uses or developments that are considered to have a moderate lik elihood of having detrimental impacts on environmental features of importance. Basic environmental reviews do not include a field-based environmental impact and mitigation report. Where more than one trigger below activates an environmental review, the review shall consider all triggers in a cumulative fashion. These reviews may be required for: i. New applications, or expansions of 10% or greater on existing applications, for: a. Agricultural Processing b. Airstrip c. Automotive and Recreational Vehicle Sales and Rentals d. Country Recreational Lodge e. Destruction or alteration of between 2,500 m 2 and 10,000 m2 or more of riparian area f. Home Occupation, Major g. Intensive Vegetative Operation h. Outdoor Storage Facility Formatted: Not Highlight Formatted: Not Highlight 41 2018.06.26 29 i. Recreation Area j. Recreational, Minor k. Recycling Collection Point l. Recycling Depot m. Waste Management Facility, Minor ii. Any application that the Development Authority has reason to believe warrants a basic review, for cause. (f) The following proposed land uses or developments are considered to have a very low likelihood of having detrimental impacts on environmental features of importance. An environmental review is not required for the following types of development: a. Accessory building b. Dwelling Unit c. Addition to a Dwelling Unit or Accessory building d. Home Occupation, Minor (g) The applicant shall enter into an agreement with and to the satisfaction of the Development Authority containing such terms as the Development Authority deems necessary to ensure the provisions of this section of the Bylaw are enforceable and complied with, and which agreement shall be registered by way of caveat upon the title to the land at the full expense of the landowner. 42 2018.06.26 30 PART V – APPEAL PROCEDURE 25. Appeal Procedure 26. Court of Appeal 43 2018.06.26 31 PART V – DEVELOPMENT APPEAL PROCESS 25. Appeal Procedure (1) An appeal may be made to the Subdivision and Development Appeal Board, in accordance with the Act, if the Development Authority: (a) Fails or refuses to issue a development permit to a person within forty (40) days of receipt of the completed application (see Section 21) or fails to issue a decision on a subdivision application within sixty (60) days of receipt of the application, or such time longer granted by the applicant in writing; (b) Issues a development permit or approves a subdivision subject to conditions; or (c) Issues an order under the Act and Part VI of this Bylaw. (2) The person applying for the permit or affected by the order, under Section 25(1), or any other person affected by an order, decision or a development permit may appeal to the Subdivision and Development Appeal Board. (3) Notwithstanding Section 25(1) and (2) no appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions of the Land Use Bylaw were relaxed, varied or misinterpreted. (4) An appeal shall be made by serving a written notice of appeal to the secretary of the Subdivision and Development Appeal Board within fourteen twenty-one (1421) days after: (a) The date on which the applicant is notified, or (b) The date on which the notice was advertised or posted in accordance with this Bylaw or as required by the Act. (5) The written notice shall provide the reason(s) for the appeal. (6) In accordance with the Act, there is no appeal to the Subdivision and Development Appeal Board on a decision made by Council with respect to a development permit application in respect of a Direct Control District. 26. Court of Appeal (1) The appeals hearing procedures shall be conducted according to the Procedural Bylaw #1707 1716 and amendments thereto. (2) Pursuant to the Municipal Government Act, an appeal is directed to the Court of Appeal on a question of jurisdiction or law with respect to : (a) A decision of the Subdivision and Development Appeal Board; or (b) The Municipal Government Board on a decision of an appeal under the Act, an inter-municipal dispute of the Act or a subdivision appeal. 44 2018.06.26 32 (3) An application for leave to appeal pursuant to Section 26(2) must be filed with the Court of Appeal within thirty (30) days after the issue of the decision sought to be appealed, and notice of the application must be given to: (a) Kneehill County; Municipal Government Board or the Subdivision and Development Appeal Board; and (b) Any other person(s) that the Judge directs. 45 2018.06.26 33 PART VI – ENFORCEMENT 27. Contravention 28. Prohibitions 29. Non-Compliance 30. Stop Orders 31. Offences & Penalties 46 2018.06.26 34 PART VI - ENFORCEMENT 27. Contravention (1) Pursuant to the Act, the Designated Officer may enforce the provisions of the Act, the conditions of a development permit and this Bylaw. Enforcement may be by written notice of contravention, written stop order notice, or any other authorized action to ensure compliance. (2) This section shall not prevent any Enforcement Officer from issuing a violation ticket requiring a court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedures Act, or from issuing a Stop Order in lieu of or in addition to issuing a violation ticket in accordance with Section 31 of this Bylaw . 28. Prohibition (1) No person shall contravene or permit a contravention of this Bylaw. No person shall commence or undertake a development, use, or sign that is not in compliance with this Bylaw. (2) No person shall contravene a condition of a permit issued under this Bylaw. (3) No person shall authorize or conduct any development that is at variance with the description, specifications or plans that formed the basis for the issuance of a development permit. No person shall modify any description, specifications, or plans that formed the basis for the issuance of any permit by a Development Authority. 29. Non-Compliance (1) If, after a development permit has been issued, the Development Authority becomes aware that: (a) The application for the development contains a misrepresentation; (b) Facts concerning the application or the development were not disclosed which should have been disclosed at the time the application was considered; (c) The development permit was issued in error; (d) The application was cancelled by way of written notice from the applicant; and/or (e) If the condition(s) imposed in the development permit have not been complied with, the Development Authority may cancel, suspend, or modify as considered appropriate, the development permit by notice, in writing, to the holder of the permit. 47 2018.06.26 35 30. Stop Orders (1) Pursuant to the Act, the Designated Officer may by written notice order the registered owner, the person in possession of the land or buildings or the person responsible for the contravention, or all or any of them to: (a) Stop the development or use of the land or buildings in whole or in part as directed by the notice; (b) Demolish, remove, replace the development or landscaping; or (c) Take such other measures as are specified in the notice so that the development or use of the land or buildings is in accordance with the Act, a development permit, subdivision approval, or this Bylaw, as the case may be, within the time specified by the notice. (2) Pursuant to the Act, the order shall specify a deadline for compliance and: (a) State a time within which the development or use must comply with the order; and/or (b) State that if the development or use does not comply with the order within the specified time, the County will take the action or measure at the expense of the Person(s) named. (3) Pursuant to the Act, if the person(s) named fail to comply with the order of the Development Authority, a Designated Officer and/or Enforcement Officer may enter on the land or building and take any action necessary to carry out the order. (4) The County may register a caveat, under the Land Titles Act, against the certificate of title for the land that is subject to the order. The caveat will be discharged when the order has been complied with to the satisfaction of the County. (5) The County’s costs of carrying out any actions required for compliance may be added to the tax roll of the land subject to the order. 31. Offences & Penalties (1) Development Permit applications submitted after development has commenced, as determined by the Development Authority, shall be subject to penalties as per Section 31(7). These infractions may include, but are not limited to, site preparatio n, construction of buildings, etc. (2) Enforcement action may be taken when there are indications of: (a) A failure to comply with a development permit approval or conditions forming part thereof; (b) A failure to comply with an order under sections and provisions of the Municipal Government Act (MGA). 48 2018.06.26 36 (c) A failure to comply with a decision of the Subdivision and Development Appeal Board; (d) Obstruction or hindrance of any person exercising or performing their powers under this Bylaw; or (e) Use of land in a manner contrary to the provisions of this Bylaw. (3) A person or persons who contravene or fail to comply with any provision of this Bylaw is guilty of an offence and is: a. Liable, upon summary conviction, to the specified penalty set out in Section 31(7); b. Notwithstanding Section 31(7)., where no penalty is specified for an offence, liable to the following fines: a. First offence - $250.00 b. Second offence - $500.00 c. Third and subsequent offences - $1,000.00 (4) In the event of a default of payment of any penalty, the person(s) may be subject to imprisonment for up to six (6) months. (5) Where it is reasonably believed that a ny provisions of this Bylaw have been contravened, in addition to any other remedy at law, the Enforcement Officer may: a. Serve upon those accused of such contravention, a violation ticket in accordance with Section 31(3) or Section 31(7) where payment of the penalty amount is accepted in lieu of prosecution for the offence; or b. Serve upon those accused of such contravention, a violation ticket in accordance with the Provincial Offences Procedure Act, where payment of the penalty may be accepted in lieu of prosecution, or where those accused of such contravention are required to appear in court without the alternative of making a voluntary payment. c. Notify those accused of such contravention that payment of a penalty made to the County or the Provincial Court of Alberta shall constitute an acceptance of a guilty plea and a conviction for the offence. (6) Any person who contravenes the same provision of this Bylaw after the date of the first conviction is liable to the specified penalties for such second, third or subsequent offence charges. 49 2018.06.26 37 (7) Specified Penalties for Offences under the Land Use Bylaw: *Unsightly as defined by the Nuisance and Unsightly Premises Bylaw 1630 and amendments there to. Offence First Offence Second Offence Third Offence or subsequent offence Fail to obtain a Development Permit Double Application Fee $1000.00 $1500.00 Fail to comply with Development Permit/ Development Permit conditions $500.00 $1000.00 $1500.00 *Unsightly properties $250.00 $500.00 $1000.00 Exceed maximum number of livestock $150.00 $250.00 $500.00 Unauthorized Signs $150.00 $250.00 $500.00 50 2018.06.26 38 PART VII – GENERAL LAND USE REGULATIONS 32. Uses Permitted in All Land Use Designations 33. Accessory Buildings & Structures 34. Corner Parcel & Site Triangles 35. Dwelling Units Per Lot 36. Development Near Water 37. Floodplain Development 38. Hazard Lands 39. Height of Buildings & Structures 40. Livestock Allotted per Acre on Parcels 20 acres or less 41. Projections into Setbacks 42. Relocation of Buildings or Structures 43. Rural Industrial District 44. Residential & Industrial Uses Adjacent 45. Site Development 46. Topographic Features 51 2018.06.26 39 PART VII – GENERAL LAND USE REGULATIONS 32. Uses Permitted in All Land Use Designations (1) The following Uses are permitted in all Land Use Designations: (a) Public Utility; (b) Road; (c) Highway; and (d) Park 33. Accessory Buildings & Structures (1) Accessory buildings and structures shall not be located in front or exterior side yards except in the Agriculture a Residential District. (2) Accessory buildings and structures shall not be located on an easement or right-of- way. (3) Accessory buildings and structures shall be separated from principal structures a minimum of 0.9 m (3 ft.), measured from the eaves of the Accessory building to the eaves of the Principal building. (4) Accessory buildings and structures shall not be used as a dwelling or contain bedrooms or sleeping facilities unless it is within the Agricultural district and has been approved by the Development Authority. (5) An Accessory building or structure may be erected only after a Principal building has been completed on the same Lot unless it’s an Agricultural building used solely for extensive agricultural use within the Agriculture District. (6) Where a building or structure on a Lot shares an integrated roof structure with the Principal building on the Lot and has not more than 9.5 m (31.2 ft.) between their closest exterior walls, it is part of the Principal building and is not an Accessory building. (7) A Portable Storage Container may be considered as an Accessory building to be used for storage purposes only in accordance with Section 62. 34. Corner Parcel & Sight Triangle (1) On a corner parcel within a Hamlet, no wall, fence, shrub, tree, hedge or other such object shall be allowed at a height greater than 0.9 m (3 ft.) above the lowest street grade within the Sight 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 7.0 m (23 ft.) from the point where they intersect. 52 2018.06.26 40 (2) On corner parcels contigous to a highway or road, the Alberta Transportation “Minimum Site Triangle” Design Guidelines shall apply. (3) Notwithstanding Section 34(1), standard fencing as permitted by Section 70 may be permitted within the identified sight triangle so long as it does not form a visual barrier for sightlines. 35. Dwelling Units Per Lot (1) Unless otherwise stated in this Bylaw, the maximum number of Dwelling Units permitted per Lot is one. (2) Notwithstanding Section 35(1), where supported by the Development Authority an additional dwelling unit may be considered in an Agricultural District having a lot area of at least 8.09 ha (20 acres). (3) Garden Suites may be considered a discretionary use on any agriculture zoned parcel. 36. Development Near Water (1) Unless permitted in an Area Structure Plan, no part of any building shall be developed within 38.1 m (125 ft.) of a river, lake, stream, or other permanent water body. (2) Notwithstanding Section 36(1), the Development Authority may require additional reports to be submitted by a qualified professional/engineer to help determine the setback distance. The setback may be reduced if supported by a report submitted by a qualified professional/ engineer. 37. Floodplain Development (1) Where a portion of a parcel is outside the 1:100 year floodplain, a Development Permit application shall be accompanied by the following information to ensure development is outside the floodplain: (a) Elevation of the site as prepared by a qualified surveyor or engineer; (b) Proposed elevation of main floor of residential buildings as prepared by a qualified surveyor or engineer; and (c) A statement and/or analysis, which demonstrates the suitability of the development to the site as compared to other locations on the Parcel. Sight Triangle a, b > 7.0 m; c < 0.9 m Formatted: Font: 12 pt Formatted: Normal, Indent: First line: 0 cm 53 2018.06.26 41 (2) Notwithstanding Section 37(1), no new development or the expansion of existing development shall be allowed within the 1:100 year floodplain of any watercourse or water body as determined by Alberta Environment and Parks. 38. Hazard Lands (1) Development on Hazard Lands, Environmentally Significant Areas, or other natural, environmental and historical resource lands may require additional information prior to approval, which may include, but not be limited to: (a) Environmental Impact Assessment (b) Geotechnical Engineering Study (c) Biophysical Assessment (d) Historical Impact Assessment (e) Potential for flooding, subsidence or erosion (f) Any other plans and information the Development Authority may deem necessary 39. Height of Buildings & Structures (1) Any of the following structures may exceed the maximum Height regulations of this Bylaw: (g) Chimney or fire wall; (h) Place of worship spire, belfry, steeple, dome, cupola; (i) Communication towers, antennas or masts; (j) Transmission towers; (k) Utility poles; (l) Mechanical appurtenances constituting not more than 10 percent of the total roof area of a building provided that the appurtenance is screened; (m) Elevator housing, mechanical skylight, ventilating fan; (n) Flagpoles for federal, provincial or municipal flags; and (o) Farm silos for the storage of agriculture products. 40. Livestock Allotted per Acre on Parcels 20 Acres or less The following regulations apply to livestock allotment on parcels of 8.09 ha (20 acres) or less: (a) Table 1: Number of Animals Allotted per acre 54 2018.06.26 42 (b) All animals and livestock shall be solely for the private use of the residents. (c) Other specific species of animals not included in Table 1 may be considered at the discretion of the Development Authority. (d) All animals shall be contained on the landowner’s property to the satisfaction of the Development Authority. (e) All parcels of land on which livestock are kept may be required to provide a plan to manage manure to reduce odour and to ensure no runoff onto adjacent lands, riparian areas, or to a watercourse. (f) The Table is not to be considered a cumulative allowance of all of the noted livestock types per acre, and only the non-residential portion of the parcel will be considered in the calculation. (g) Anyone wishing to exceed the number of livestock per acre must apply for a Livestock Development Permit accompanied by a Manure Management Plan. 41. Projections Into Setbacks (1) No building or structure other than the following shall be located in the Setbacks required in this Bylaw: (a) Chimneys, cornices, leaders, eaves, gutters, pilasters, belt courses, sills, bay windows and similar features provided such projections do not exceed 0.6 m (2 ft.) measured horizontally; (b) Fencing and retaining walls subject to the regulations of this Bylaw; (c) Unenclosed verandas, “Deck” , “Balcony”, “Porch” or steps, eaves, canopies and awnings may project into a required Setback provided such projections do not exceed 1.5 m (5 ft.) in the case of a front yard or an exterior side yard; 0.6 m (2 ft.) in the case of an interior side yard ; or 2.0 m (6.6 ft.) in the case of a rear yard; Animal Type Number of Animals per one (1) Acre. Cow or Steer (over one year of age) 1 Horse, Donkey, Mule, or Ass (over one year of age) 1 Swine (excluding wild boar) 1 Calves (up to one year of age) 2 Equine yearling (up to one year of age) 2 Llama 2 Alpaca or miniature horse or donkey 3 Ostrich 3 Sheep or Goats 3 Ducks, Turkeys, Pheasants, geese, or similar fowl 10 Chickens 1530 Rabbits or similar species 2010 55 2018.06.26 43 (d) Ramps providing an accessible route for individuals with disabilities must be constructed in accordance with the Alberta Building Code; and (e) Utilities, cisterns, storage tanks, underground parking and similar structures constructed entirely beneath the surface of the ground provided such underground projections are covered by sufficient soil depth to accommodate landscaping and/or are hard surfaces to accommodate access needs. 42. Relocation of Buildings or Structures (1) Except as otherwise provided for in this Bylaw, no person shall relocate a building or structure, or portion thereof, onto a parcel without first obtaining a development permit for the Moved-in Building or structure. The Moved-in Building or structure shall comply with the appropriate land use district regulations. (2) Before considering any application for a Moved-in Building and in addition to the requirements of Section 15, the Development Authority shall require a development permit application that includes: (a) Recent color photographs of all elevations including additions; (b) A statement from a certified Safety Codes Officer confirming the age, size, structural condition and integrity of the building to be moved by a certified safety codes officer; and (c)(b) Documentation from a certified safety code officer that the building meets the requirements of the Safety Codes Act or, or if it does not, how the building will be brought up to these standards. (3) As a condition of issuing a development permit approval for a Moved-in Building, the Development Authority may require a letter of undertaking (agreement) and the posting of security in the form of an irrevocable letter of credit or cash, in the amount of the total estimated costs to relocate the building, to be provided prior to the issuance of a building permit and the building being moved on site. This security will ensure that any required modifications to the design, construction, siting, finishing and cladding of the relocated building are completed. (4) The conditions shall be completed within one year of the iss uance of the development permit or as determined by the Development Authority. (5) The security will be released once all the conditions have been completed by the applicant to the satisfaction of the Development Authority, and are met within the time frame as set out in the development permit. 56 2018.06.26 44 (6) Upon expiry of the development permit, the Development Authority will inspect the site to determine compliance. If the required work has not been completed to the satisfaction of the Development Authority, administration may use the security to have the work completed and bring the building into compliance as per recommendation by the Development Authority. 43. Rural Industrial Development (1) Industrial uses and rural industrial parks shall be located within a reasonable distance of: (a) A highway to which the planned use or park has access; or (b) A railway to which the park has access, or both. (c) Industrial uses will be limited to 1 or 2 lots (2) Rural industrial parks with a minimum density of 3 or more lots must be included in an approved Area Structure Plan. (3) 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. (4) 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. (5) Industrial uses and rural industrial parks shall have adequate wastewater disposal systems and available water supplies as required by appropriate authorities. 44. Residential & Industrial Uses Adjacent (1) In considering subdivision or development permit applications for residential uses adjacent to existing industrial developments or industrial uses adjacent to existing residential developments, the Development Authority may impose conditions addressing: (a) Provision of proper services and access to the site, (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 Development Authority. 57 2018.06.26 45 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 Authority. 46. Topographic Features Figure 1 illustrates the terms used in this subsection. (1) For the purpose of this section, the following definitions apply: “Bench” means a plateau or level slope (less than 15%) occurring between the brink of one slope and the toe of another. “Brink of Slope” means the point where a slope begins to fall off steeper than 20%. “Escarpment” means a river valley wall, typically up to 91 m (300 ft.) high. “Escarpment Protrusion” means the projection of the brink of an escarpment slope by a least 30.5 m (100 ft.) into a valley. “Height of Slope” means the point where a slope begins to rise steeper than 20%. “Toe of Slope” means the transition line between the slope where the grades exceed 15% and the adjacent lowland area where the grade is less than 15%. (2) Slopes (a) For isolated land projections such as hummocks and buttes, slopes greater than 20% shall not be developed unless otherwise approved by the Development Authority. (b) For isolated land projections such as hummocks and buttes, slopes greater than 15% and less than 20%, any proposed development may require special engineering or other treatment. (c) If isolated land projections require leveling: i. the Development Authority may require a contour plan or engineering study; ii. the resulting slopes shall not exceed 20%; and iii. the contours, leveling, compacting and other engineering and environmental aspects shall be satisfactory to the Development Authority. (3) Escarpment protrusions (a) Escarpment protrusions wider than 91 m (300 ft.) at their widest point shall not be removed. (b) All Escarpment Protrusions that are removed or leveled must result in grades where the protrusion formerly existed of not greater than 15%, not including the adjoining escarpment wall. 58 2018.06.26 46 (c) A maximum slope of 33% shall result for Escarpment lands where protrusions are removed or leveled (i.e. for the escarpment wall formed by the cut of the former protrusion). Figure 1: Topographic Features – Perspective View Figure 2: Topographic Features – Elevation (4) Setbacks from Toes of Slopes (a) Unless otherwise approved by the Development Authority, setbacks from toes of slopes shall be the greater of: i. 9.1 m (30 ft.) where the Height of Slope is less than 6.1 m (20 ft.); 59 2018.06.26 47 ii. one-third the slope height, where the Height of Slope exceeds 30.5 m (100 ft.). (5) Setbacks from Brink of Slopes (a) Unless otherwise approved by the Development Authority, setbacks from brinks of slopes shall be: i. 12.2 m (40 ft.), where the Height of Slope is less than 6.1 m (20 ft.); ii. two (2) times the Height of Slope, where the Height of Slope is between 6.1 m (20 ft.) and 22.8 m (75 ft.) iii. 45.7 m (150 ft.), where the Height of Slope is greater than 22.8 m (75 ft.). iv. For the purposes of this Section the Height of Slope shall be measured from the toe of the slope to the Brink of Slope. (6) Setbacks from benches (a) Unless otherwise approved by the Development Authority, Section 46(4) and (5) apply for benches using the following. 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 of slope. 60 2018.06.26 48 PART VIII – SPECIFIC USE REGULATIONS 47. Alternative & Renewable Energy Systems 48. Auxiliary Dwelling Unit 49. Bed & Breakfast Establishments 50. Campgrounds 51. Drainage 52. Dugouts & Man-made Water Features 53. Geothermal Energy Systems 54. Hamlet Regulations 55. Home Occupations 56. Housing, Garden Suites 57. Housing, Manufactured – Type 1 (Modular) 58. Housing, Manufactured – Type 2 (Mobile) 59. Indoor Riding Arena, Private 60. Kennel Regulations 61. Medical Marijuana Production Facilities 62. Portable Storage Containers 63. Solar Energy 64. Stripping, Excavation, Extraction & Grading 65. Vehicle & Construction Materials Storage 66. Wind Energy Conversion Systems 67. Work Camp 68. Wrecking Yard (Auto & Equipment Wreckage Site) 61 2018.06.26 49 PART VIII – SPECIFIC USE REGULATIONS 47. Alternative & Renewable Energy Systems (1) Alternative & Renewable Energy Systems shall require a Development Permit application which shall include the following information where applicable: (a) The Manufacturers specifications indicating: (i) The rated DC output in kilowatts (ii) Safety features and sound characteristics (iii) Type and material used (iv) Certification mark as per Alberta STANDATA LEG-ECR2, if applicable (2) Any private ground-mounted alternative or renewable energy systems in a Hamlet shall be located and screened, by land forms, natural vegetation or other means to minimize its visual impact on adjacent residences, public roads, trails or other public areas. Alternative or renewable energy systems for commercial purposes is prohibited in Hamlets. (3) Any ground-mounted alternative or renewable energy systems in any district (excluding Hamlets) may be required to locate and screen them by land forms, natural vegetation or other means to minimize its visual impact on adjacent residences, public roads, trails or other public areas. (4) Upon abandonment or termination of any alternative or renewable energy system’s use, the entire facility and all components associated with the system, including towers or support structures, shall be removed and the site restored to its pre - construction condition. (5) Upon abandonment or termination of any geothermal energy system, closure of all facilities and wells; removal of all above -ground components and gravel (if not maintained for other uses); recontouring the surface; and revegetation are required. (6) All plumbing, reservoirs, pumps and other equipment associated w ith solar or geo- thermal heating or cooling systems shall require plumbing, electrical and building permits as required and must meet all applicable provincial plumbing, electrical and building code and any other municipal requirements (7) Alternative & Renewable Energy Systems can be applied to grid-connected or stand- alone configurations in agricultural, residential, commercial, and industrial applications. (7)(8) Only private use alternative and renewable energy systems are permitted in residential areas. 62 2018.06.26 50 48. Auxiliary Dwelling Unit (1) Auxiliary Dwelling Units, where permitted in this Bylaw as an Accessory use, shall comply with the following regulations: (a) Auxiliary Dwelling Units shall be limited to one (1) within a Principal Housing, Single-Detached. (b) Auxiliary Dwelling Units are not permitted in a Housing, Single-Detached that is used as a Boarding or Lodging House or a Bed and Breakfast Establishment. (c) Auxiliary Dwelling Units shall occupy no more than 92.9 m2 (1000 ft.2). (d) Auxiliary Dwelling Units must meet Alberta Building Code standards. 49. Bed & Breakfast Establishments (1) The operation of a Bed and Breakfast Establishment shall be Accessory to the Principal use of an owner-occupied dwelling. (2) The Development Authority may permit a Bed and Breakfast Establishment only if, in the opinion of the Development Authority, it complies with the following regulations: (a) Minimal exterior modification of the structure or grounds may be ma de only if such changes are compatible with the character of the area or neighborhood. (b) A Bed and Breakfast Establishment is not permitted in a Housing, Single-Detached that is also used as a Boarding or Lodging House. (c) Parking regulations shall be in accordance with Section 71 Parking Requirements. (d) Signage for a Bed and Breakfast Establishment shall be in accordance with Section 83. 50. Campgrounds (1) A site plan shall be required by the Development Authority as a condition of development approval. (2) In determining the appropriateness and suitability of a site for a proposed campground development, the Development Authority shall consider such factors as accessibility, compatibility with adjacent land uses, environmental sensitivity, fire hazards, and physical suitability/serviceability of the site itself. (3) A campground shall be developed to the satisfaction of the Development Authority. (4) Roads leading to a proposed campground may be required, as a condition of development approval, to be brought into a condition necessary to sustain the volume and type of traffic to be generated by the proposed campground. 63 2018.06.26 51 (5) Any campground development shall meet all applicable provincial and federal regulations. (6) Only commercially designed and manufactured skirting is permitted on recreational vehicles that are permanent. (7) Any campground development shall be limited to one Dwelling Unit per development site for Housing, Employee, which may include a Housing, Single-Detached, or a Housing, Manufactured - Type 1 or Type 2. A second dwelling unit for Housing, Employee may be considered as a discretionary use. (8) Notwithstanding Section 50(7), Housing, Manufactured - Type 1 or Type 2 are not permitted in a campground. (9) Park Models may be considered as a discretionary use. 51. Drainage (1) At the discretion of the Development Authority, the applicant shall be required to grade a Parcel in such a manner that all surface water will drain from the building site to any existing or proposed storm sewer system. (2) At least 2% slope (2 cm vertically for every 1 m horizontally) must be maintained to provide positive drainage away from dwellings and accessory buildings. (3) Parcels within Hamlets or multi-parcel subdivisions shall be graded so storm water does not drain on to any adjoining property. (4) The Development Authority, at their discretion, may establish parcel and building elevations if it is believed that drainage from existing elevations will affect neighboring parcels. (5) No development shall alter the natural drainage course without the consent of Alberta Environment, the County, and the affected parties. 52. Dugout & Man Made Water Features (1) A development permit is required for the construction of Man-Made Water Features except where exempt under Section 14 of this Bylaw. (2) Man-Made Water Features include but are not limited to: ornamental ponds, dugouts, large fishponds, or storm water ponds. The Development Authority may impose fencing requirements on any Man-Made Water Feature it deems necessary for safety concerns. (3) Notwithstanding any other provision in this Bylaw, Man-Made Water Features shall meet the following conditions: (a) Man-Made Water Features shall have a minimum Setback of 15.24 m (50.0 ft.) from a side or rear Property Line; Formatted: Highlight Formatted: Highlight 64 2018.06.26 52 (b) Man-Made Water Features shall have a minimum Setback 30.5 m (100 ft.) from any road right-of-way; (c) All side slopes shall 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. (d) Dugouts are not permitted inside of Hamlet boundaries. 53. Geothermal Energy Systems (1) Geothermal installations must be stamped by a qualified Professional Engineer registered under the “Engineering, Geological, or Geophysical Professions Act” of the Province of Alberta or have the system and installer certified by the Canadian GeoExchange Coalition (CGC) or other future governing body having jurisdiction with the Province of Alberta. (2) Geothermal installations must comply with CSA -C448 and subsequent amendments. Exceptions may be allowed, at the discretion of the Development Autho rity, provided that documented proof be provided that shows that the exception meets or exceeds the CSA-C448 standard. (3) All Geothermal systems installed within the County shall be Closed Loop systems. Open Loop systems are not allowed. (4) Heat-transfer fluids used within a geothermal system shall be of the most environmentally friendly type available at the time of installation such as propylene glycol. In no case may an ethylene glycol based fluid be used nor shall any flammable or combustible agent such as methanol, ethanol, natural gas or propane be used. 54. Hamlet Regulations (1) The expansion of Hamlets shall be limited to lesser productive 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 country residential Parcels. (3) Commercial Kennels shall not be permitted in any Hamlet district. (4) Livestock shall not be maintained or kept at any density on parcels of land within any Hamlet District. (5) Burning of refuse, garbage, compost and other materials are not permitted within any Hamlet District. (6) No new parcel of land shall be designated as Hamlet general district and no existing parcel of land shall be re-designated Hamlet general district. Boundary adjustments, however, may be considered. 65 2018.06.26 53 (7) No new or existing parcel of land shall be zoned or rezoned EX-Hamlet district unless the subject parcel is located in an existing Hamlet as listed within the Land Use Bylaw at the time of introduction of the EX-Hamlet district and the existing Hamlet has been deemed by Council to no longer have Hamlet status. 55. Home Occupations (1) A development permit is required for all minor and major home occupations in the County. (See Section 16) (2) Any home occupation is to be operated as a secondary use to the Principal residential use. (3) In agricultural districts, a home occupation shall be confined to the residence or farmyard site. (4) The permanent residents of the property shall be engaged in a major home occupation. No more than three off site employees shall be permitted to be engaged in a home occupation, Major. (5) No persons other than permanent residents of the property shall be engaged in a minor home occupation. (6) A home occupation shall not interfere with the rights of adjacent landowners to the quiet and private enjoyment of their property and the home occupation shall not adversely affect the amenities of the surrounding area. (7) A home occupation shall not include any use or operation which will cause or create a nuisance by way of dust, noise, smell, smoke, vibrations, heat, or intense light sources that is detectable beyond the property boundary, or excessive traffic or of an objectionable nature, in the opinion of the Development Authority. (8) 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. (9) The Development Authority, if it deems appropriate, may allow materials, goods, or equipment to be stored on the site provided the storage of such is contained ent irely within a Dwelling Unit (home occupation, minor), an enclosed accessory building (home occupation, major) , or otherwise screened to the satisfaction of the Development Authority and does not present a fire or health hazard. (10)A home occupation, major in an Agricultural District may contain outdoor storage of any materials, heavy vehicles, equipment and/or pipes, however it is restricted to 20% of the total parcel size or an area, within the subject Agriculture parcel, of 1 hectare (2.5 ac) whichever is the lesser (excluding any access road required to access the same). 66 2018.06.26 54 (11)Food trucks 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. (12)A home occupation shall not include the use or storage of toxic, explosive or radioactive materials. (13)A home occupation may be required, at the discretion of the Development Authority, to provide parking requirements in accordance with this Bylaw. (14)A home occupation shall comply with all applicable Provincial and Federal legislation and regulations including but not limited to the Safety Codes Act, the Alberta Building Code, and the Alberta Private Sewage Disposal Systems Regulation. (15)Any Major Home Occupation with outdoor storage: (a) Shall screen the outdoor storage area at the discretion of and to the satisfaction of the Development Authority; and (b) May be required to landscape and screen the area in accordance to requirements in Light Industrial and Industrial Districts of this Bylaw, at the discretion of the Development Authority. (16)Any intensification of use for a home occupation shall all require a new development permit. Should the Development Authority consider an application for intensification as potentially generating a nuisance, the business may be required to relocate to more suitable non-agricultural lands or apply for a re-designation of the land to a district suitable for the use. 56. Housing, Garden Suite (1) A garden suite will be allowed on any size parcel in the Agriculture District if the applicant has one of the following housing types: Housing, Single Detached; Housing, Manufactured – Type 1; or Housing, Manufactured – Type 2 (2) Only one garden suite per lot is allowed. (3) All garden suites must meet safety codes and will require a building permit. (4) A garden suite cannot be located on property that already has an Auxiliary Dwelling Unit. (5) A garden suite will need adequate water and wastewater services either through a shared or individual system. (6) A garden suite will be a standalone unit and cannot be attached to the primary residence. (7) A garden suite will have its own municipal address. (8) The floor area of a garden suite will be less than the primary residence. 67 2018.06.26 55 (9) The garden suite should be located in close proximity to the residential home: (a) It can be a maximum of 12.2 24.4 m (40 80 ft.) from the primary residence. (b) It can be a minimum of 3 m (10 ft.) from the primary residence. (10)A garden suite must remain on the lot with the primary residence and will not be considered for a separate subdivision. 57. Housing, Manufactured – Type 1 (Modular Home) (1) The external appearance of Housing, Manufactured - Type 1 units must be acceptable to the Development Authority having regard to compatibility with other buildings in the vicinity, and must be CSA approvedprovide confirmation, safety code requirements have been met. (2) All Housing, Manufactured - Type 1 shall be placed on a permanent foundation in accordance with Alberta Building Codes. (3) The undercarriage of each Housing, Manufactured - Type 1 unit shall be completely screened from view by skirting within 60 days of placement of the unit; and (4) Any application for a development permit to locate a used Housing, Manufactured - Type 1 unit shall include recent color photographs of all elevations (i.e. front, side and rear views) including additions. (5) A Housing, Manufactured – Type 1 of an age of 20 years or older will be considered a discretionary use and may be required to upgrade the exterior finish to the satisfaction of the Development Authority. The Manufactured Home District is exempt from Section 57(5). (6) A Housing, Manufactured – Type 1 over 35 years of age will be prohibited. 58. Housing, Manufactured – Type 2 (Mobile Homes) (1) The external appearance of Housing, Manufactured - Type 1 units must be acceptable to the Development Authority having regard to compatibility with other buildings in the vicinity, and must be CSA approved. (2) All Housing, Manufactured - Type 2 shall be placed on a permanent foundation in accordance with Alberta Building Codes. (3) The undercarriage of each Housing, Manufactured - Type 2 unit shall be completely screened from view by skirting within 60 days of placement of the unit. (4) All Accessory structures such as steps, patios, porches, additions, skirting and storage facilities shall be factory prefabricated or of a quality equivalent thereto, so that design and construction will complement the Housing, Manufactured - Type 2 unit. Additions to a Housing, Manufactured - Type 2 unit shall have skirting equivalent to that of the existing unit. All Housing, Manufactured - Type 2 units shall be provided with steps and landings to all entrances within 30 days of their placement. Formatted: Highlight Formatted: Highlight Formatted: Highlight 68 2018.06.26 56 (5) Any application for a development permit to locate a used Housing, Manufactured - Type 2 unit shall include recent color photographs of all elevations (i.e. front, side and rear views) including additions. (6) A Housing, Manufactured – Type 2 of an age of 20 years or older will be considered a discretionary use and may be required to upgrade the exterior finish to the satisfaction of the Development Authority. The Manufactured Home District is exempt from Section 58(6). (7) A Housing, Manufactured – Type 2 over 35 years of age will be prohibited. 59. Indoor Riding Arena, Private (1) A Riding Arena, Private shall be subordinate to the lot which may be Agricultural or residential in nature. (2) A Riding Arena, Private shall be used solely by the occupants of the residence and/or by not more than four (4) non-resident users per day in addition to the residents. (3) The Development Authority may require a manure management plan as a condition of development permit. 60. Animal Shelter, Veterinary Clinic, Veterinary Hospital or Commercial Kennel Regulations (1) An Animal Shelter, Veterinary Clinic, Veterinary Hospital, or Commercial Kennel may need to provide soundproofing pens, rooms, exercise runs, or holding stalls to the satisfaction of the Development Authority. (2) An Animal Shelter, Veterinary Clinic, Veterinary Hospital, or Commercial Kennel facility shall meet public health regulations, be kept in a manner satisfactory to the health regulatory authority and is required to obtain any other permits, authorizations and approvals. (3) A Commercial Kennel, including any outdoor runs or exercise areas shall be located a minimum of 76.2 m (250 ft.) from any neighbouring homes. (4) A Commercial Kennel, including any outdoor runs or exercise areas may be required to be visually screened from existing dwellings on adjoining parcels to the satisfaction of the Development Authority. (5) All exterior exercise areas (runs) shall be enclosed with a fence acceptable to the Development Authority with a minimum Height of 1.8 m (6 ft.). (6) All exterior exercise areas (runs) shall be sited behind the Principal building. (7) The Development Authority may regulate the hours that the animals are allowed outdoors. 61. Medical Marijuana Production Facilities (1) A development permit is required. 69 2018.06.26 57 (2) A medical marijuana production facility shall operate only under applicable Federal licensing. Proof of valid Federal licensing and the activities as approved hereunder shall be provided to the Development Authority. (3) All licensed processes and functions shall be fully enclosed within a building(s). (4) No odour, smoke or air borne particles inherent to the nature of operations shall be determinable beyond the legal boundaries of the Parcel. (5) An applicant shall demonstrate the ability to comply with municipal water allotments or prove a licensed source of water: a) water modeling may be required. (6) Landscaping and screening shall be completed to the satisfaction of the Development Authority. (7) The Development Authority may impose the following conditions pertaining to a medical marijuana production facility: (a) Setbacks from roads, residential uses, and other developments; (b) Delivery route requirements and location of access to the lands; an d (c) Provision of a waste management plan, completed by a qualified environmental engineering professional that includes detail on: 70 2018.06.26 58 i. the incineration of waste products and airborne emissions, including odour; ii. the quantity and characteristics of liquid and waste material discharged by the facility; and iii. the method and location of collection and disposal of liquid and waste material. (d) All loading facilities shall be fully enclosed within the building; (e) All garbage containers and waste material shall be fully enclosed within the building; (f) The site shall be fully enclosed by a fence. Fencing on all street frontages shall be contained within the property lines so as not to obscure landscaping; (g) An engineered Drainage Plan is required; (h) The use shall not emit nuisances including, but not limited to, odour, noise and light, that may have a negative impact to adjacent sites or surrounding area; (i) A Security Plan must be provided and accepted by the County. (j) There shall be no retail sales allowed; (k) No dispensary is allowed on site; (l) A Ventilation Plan is required (m) A full Environmental Review may be required; (n) An engineered Storm Water Management Plan is required; (o) All Development must comply with the Safety Codes Act; (p) The applicant shall comply with all approvals granted by Health Canada. (q) A disposal plan outlining the proposed means or removing and disposing of waste product from the operation shall be approved in writing prior to the occupation of the approved building. Section 62 Cannabis Retail Sales and Cannabis Recreational Production Facility (1) All Cannabis Retail Sales and Cannabis Recreational Production Facilities will be required to redesignate the property to a Direct Control District (2) A development permit shall be required for all Cannabis retail and Cannabis recreational production and sales facilities. (3) Proof of eligibility must be included with the development permit application. (4) Cannabis recreational production and retail sales facilities shall operate only unde r applicable Federal and Provincial licensing. Proof of valid Federal and Provincial Formatted: Heading 4 Formatted: Heading 4, Indent: Left: 0 cm, First line: 0 cm Formatted: Heading 4 Formatted: Heading 4, Indent: Left: 0 cm, First line: 0 cm Formatted: Heading 4 Formatted: Heading 4, Indent: Left: 0 cm, First line: 0 cm Formatted: Font: 12 pt 71 2018.06.26 59 licensing and the activities as approved hereunder shall be provided to the Development Authority. (5) All licensed processes and functions shall be fully enclosed within a b uilding(s). (6) Must include equipment designed and intended to remove odours from the air where it is discharged from the facility as part of a ventilation system (7) Siting of a Cannabis Retail Production or Sales facility is prohibited within 300 metres of a health care facility, school, school reserve parcel, hospital, child care facility, playground, sports/playing field, skateboard/bicycle park, zoo, outdoor theatre, outdoor splash park/pool, church, community center, rodeo grounds, golf course, cemeteries and any similar public use facilities. (8) The separation distance between a Cannabis Retail Sales use and/or Cannabis Recreational Production Facility and any other Cannabis Retail Sales use and/or Cannabis Recreational Production facility shall be not less than 100 metres from each other. (9) Separation distances shall be determined by measuring a straight line from the closest point of the building on the lot on which the existing Cannabis Retail Sales use and/or Cannabis Recreational Production Facility is loc ated to the closest point of the building on the lot on which the proposed Cannabis Retail Sales use is located. (10) Hours of operation for a retail facility shall be limited to Monday to Friday from 10:00 a.m. to 2:00 a.m. (11) Signage for the facility shall be limited to the facility itself. (12) Separation distances from a Cannabis Retail Sales use and/or a Cannabis Recreational Production Facility to a public use facility/area shall be measured from the closest point of the proposed facility to the property line of any other specified public use as noted in 62(6). (13) Retail locations are restricted from selling any Cannabis infused edible products. (14) Retail locations are prohibited from having stock that is not contained in a secure location. (15) All garbage containers and waste material shall be fully contained inside the building. (16) A security plan must be provided and accepted by the County. (17) A Public Utility and Waste Management Plan, may be required, as a condition of a development permit, completed by a qualified professional, that includes details on: 72 2018.06.26 60 a. The incineration of waste products and air borne emission, including smell; b. The quantity and characteristics of liquid and waste material discharged by the facility; and c. The method and location of collection and disposal of l iquid and waste material (18) Before granting a development permit for a Cannabis Retail Sales use and/or a Cannabis Recreational Production Facility where the use is discretionary, the Development Officer shall: a. notify, in writing, property owners and users within ½ mile distance of the proposed site of the Cannabis Retail Sales use and/or Cannabis Production Facility that the application has been received and give the adjacent property owners 21 days to provide written comments to the Development Officer with respect to the proposed Cannabis Retail Sales and/or Cannabis Production Facility application; b. advise the applicant for the development permit for the Cannabis Retail Sales use that their application will not be considered completed until the time given to the property owners and users to provide written comment on the proposed development has expired; and c. consider the comments received from the property owners and users prior to making a decision on the development permit application. 73 2018.06.26 61 6263. Portable Storage Containers (1) On a Lot designated Agriculture, Commercial or Industrial and larger than 20 acres, any number of Portable Storage Containers of any size are permitted provided they meet the minimum Setback requirements for that Land Use District. (2) On a lot designated Agriculture 8.09 ha (20 acres) or less, one portable storage container of any size per 1.6 ha (4 acres) is permitted provided they meet the minimum Setback requirements for that Land Use District. Less than 1.6 ha (4 acres) may have one (12) portable storage container of any size provided it meets the minimum setback requirements. Portable storage containers increasing the density per acre will require Municipal Planning Commission consideration. (3) In all other designated Residential districts, one (1) Portable Storage Container, no larger than 6.1 m (20 ft.) in length and 3.0 m (10 ft.) in width, is considered a Discretionary Use permitted provided it meets the minimum Setback requirements for that Land Use District. (4) The exterior finish should match or compliment the exterior finish of the Principal building or be screened from view to the satisfaction of the Development Authority. 6364. Solar Energy Systems (1) Applications for commercial solar energy systems with ground-mounted arrays/projects will only be considered in lands zoned Agriculture (A), Country Residential (CR), Light Industrial (LI), Industrial (I), Local Rural Commercial (LRC), Highway Commercial (HWY-C), Recreational (R) and Hamlet Industrial (HI). (2) Solar energy systems with ground-mounted arrays and associated equipment that covers a total area of less than 9.3 m2 (100 ft.2) will not require a development permit but they will still need to meet setbacks for the district. (3) Solar arrays may be installed on the roof of any building or may be ground mounted in a rear or side yard. (4) Approval from the Alberta Utilities Commission (AUC) and any other provincial or federal agency or utility company is required prior to the operation of any grid- connected solar energy system as required. (5) In no way may a solar energy system with a ground-mounted array/project unduly interfere or effect the enjoyment or value of neighbouring parcels. (6) The Development Authority may require the applicant to provide a Basic Environmental Review to be prepared by a qualified professional. 74 2018.06.26 62 (7) If the solar energy system with a ground-mounted array is decommissioned, the applicant is required to return the project location to the same or better land capability it had before the project started. For example, top soil, altered drainage systems, or compacted soil resulting from construction, operation, or decommissioning of the site should be mitigated. A decommissioning and or mitigation plan may be required. (8) If a solar array is being mounted on a tower/pole, the applicant will have to adhere to the height requirements of the applicable district as stated in the Bylaw. (9) There shall be no aboveground portion of an alternative energy structure located in a front or side yard, with the exception of a solar array being ground mounted in a side yard, provided the structure complies with the minimum side yard setback requirements of the District. (10)A solar array that is mounted on a wall may project a maximum of: (a) 1.5 m (5 ft.) from the surface of that wall, when the wall is facing a rear lot line; and (b) in all other cases, 0.6 m (2 ft.) from the surface of that wall. (11)If a roof mounted solar array requires raising of the top of the array for alignment, the top of the array shall not project above the highest roofline by more than 0.3 metres (1 ft.) (12)Safety code permits are required. 6465. Stripping, Filling, Excavation, Extraction & Grading (1) A development permit application for site stripping, filling, excavation, extraction, grading and/or re-contouring (including construction of artificial water bodies) shall include the following information: (a) Location and dimensions of the proposed disturbed area on the lot; (b) Existing land use; (c) Existing conditions of the land including topography, vegetation, surface drainage patterns, and water courses; (d) Type of excavation, stripping or grading proposed, showing elevations and cross- sections, and the effect on existing drainage patterns; and (e) The proposed timing and phasing program. (2 The Development Authority may also require the following additional information: (a) A plan showing land reclamation proposals, where applicable, upon the eventual completion of the operation; (b) The costs required to reclaim the property; (c) Proposed access and hauling activities; and 75 2018.06.26 63 (d) A written explanation of the precautions to be taken to ensure minimal dust and environmental disturbance. (3) In considering whether to approve lot grading the Development Authority may have due regard for: (a) The general purpose of the district in which the site is located and the future use of the site as proposed in a reclamation plan; (b) The provisions of the Municipal Development Plan and any relevant statutory plans; (c) A statement of the effect on water courses and dr ainage patterns; (d) Any Geotechnical Report; (e) Conservation of designated historical resources; (f) Environmentally sensitive areas; (g) Conditions related to dust control and weed control; (h) Conservation of water courses, maintenance of positive drainage, and potential drainage effects on adjacent or nearby properties; and (i) The safety and the potential nuisance effect on adjacent properties. (4) Where, in the process of development, areas require leveling, filling or grading, the topsoil shall be removed before work commences, stockpiled and must be replaced following the completion of the work, unless specifically permitted in a development permit. (5) The placing or storage of fill may be allowed in any land use district, providing: (a) A development permit has been issued for that use; (b) The fill does not contain construction rubble or any hazardous substances; and (c) A reclamation plan, satisfactory to the County, has been prepared for the site. (6) As required by the Development Authority, the undeveloped portion of a site, excluding park areas, driveways, outdoor storage and service areas must be graded. (7) Stripping of vegetation or grading shall be done in a manner, which will minimize soil erosion by ensuring that the extent of the distur bed area and the duration of its exposure are minimized. (8) The proposed building grade shall, to the extent practical, retain the natural contour of the land, minimize the necessity to use retaining walls, and ensure positive drainage to appropriate receiving watercourses. (9) Borrow pit areas Notwithstanding any other provision in this Bylaw, the excavation of borrow pit areas may be allowed as a discretionary use in any land use district providing: 76 2018.06.26 64 (a) A development permit has been issued for that use; (b) The excavated material is used as fill in a development within another site and the development is fully approved by that County authority; (c) The maximum area of excavation does exceed 8.0 hectares (19.76 acres), the maximum material to be removed from the site is 40,000 cubic meters (52,318 cubic yards) and the excavated material does not contain sand or gravel; (d) There is no negative impact on water flows to or from adjacent lands; (e) A reclamation plan satisfactory to the Development Authority has been prepa red for the site, with the reclamation financially secured in favor of the County; and (f) The time from commencement of excavation to completion of reclamation does not exceed 120 days. (f)(g) Permits for borrow pits are not required for public works. 6566. Vehicle & Construction Materials Storage (1) Exterior storage or parking of a Derelict Motor Vehicle for more than fourteen (14) consecutive days is prohibited in all residential districts and districts where the land is used primarily for residential purposes. (2) No person maintaining more than one recreation vehicle or more than two (2) 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. (3) Exterior storage of any object or chattel which, in the opinion of the Development Authority, is unsightly or adversely affects amenities of the County is prohibited in all districts. (4) Exterior excavation, storage or accumulation of material required during the construction stage is prohibited in residential districts 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 reasonab ly necessary to complete a particular stage of construction work. (5) Storage of materials used in construction of a development is prohibited in any Land Use District beyond the period necessary for the completion of the development, which is determined by the Development Authority. 6667. Wind Energy Conversion Systems For the purpose of this section, the following definitions apply:  "Blade" means an element of a WECS rotor that forms an aerodynamic surface to extract energy from the wind. 77 2018.06.26 65  "Blade Clearance" means the minimum distance from grade to the bottom of the rotor’s arc.  "Grade for WECS" means the elevation of the finished ground surface at the completion of the building or structure, excluding minor variances.  "Horizontal Axis Rotor" means a WECS where the rotor is mounted on an axis parallel to the earth’s surface.  "Rotor’s Arc" means the total path traveled by a WECS’ blade.  "Total Tower Height" means the height of the tower from grade to the furthest vertical extension of the rotor.  "Tower" means the structure that supports the rotor or other energy collection device of the WECS above the ground.  "Vertical Axis Rotor" means a WECS where the rotor is mounted on an axis perpendicular to the earth’s surface.  "Wind Energy Conversion System" (WECS) means an aggregation of parts, including the base, supporting structure, tower, generator, rotor, blades, etc., in such configuration as necessary to convert wind energy into mechanical or electrical energy. (1) The intent of the following procedures and standards is to provide for the development of wind energy conversion systems (WECS) in a manner that minimizes impacts on both the environment and resident/landowners within Kneehill County. (2) Development Standards for a Wind Energy Conversion System. (a) Minimum Setbacks: i. A WECS shall be located so that the outside of the Rotor’s Arc is a minimum of 7.6 m (25 ft.) from the vertical projection of the parcel boundary. ii. A WECS shall be located a distance of at least 0.8 km (0.5 miles) from a dwelling not belonging to the owner of the land on which the WECS is located. iii. All other buildings: as per the respective district requirements. iv. Road allowances: as per the respective district requirements. (b) Minimum Blade Clearance is 7.6 m (25 ft.). (c) Tower access shall be protected by means acceptable to the Development Authority and may include such things as a locked fence and anti-climbing devices. (d) Subject to the requirements of any other federal or provincial regulation the WECS shall have a non-reflective, matte finish in a color satisfactory to the Development Authority. 78 2018.06.26 66 (e) All power lines on the WECS site shall be underground unless otherwise approved by the Development Authority. (3) Approval Process for a Wind Energy Conversion System. (a) All development permit applications for a WECS shall be accompanied by: i. A scaled site plan showing existing features and development, the location of the proposed WECS, related facilities, and access roads; ii. A visual representation of the proposed WECS including scaled elevations and digital representations; iii. An Impact Assessment (IA), shall be required by the Development Authority to address things such as visual impacts, noise, and nuisance; iv. A Decommissioning Plan outlining how the WECS site will be reclaimed after it discontinues producing power; and v. Any other information that the Development Authority determines is pertinent to the decision making process. (b) Prior to making a decision on a development permit application, the Development Authority may require the applicant to provide an opportunity for the general public to view and comment on the proposal. At the discretion of the Development Authority, the consultation may consist of a public meeting and/or mail-outs to residents / landowners. The Development Authority will determine all details concerning notification, advertising, and the format for gathering public input. (c) In addition to public consultation, the Development Authority may refer the application to any agency or stakeholder it determines may be affected by the proposal. (4) A private Wind Energy Conversion System may be considered as a discretionary use in any Land Use District. They will be subject to height restrictions of the district; cannot exceed one and half times the height restrictions. 6768. Work Camp (1) Federal, provincial, or municipal work camps do not require a development permit. Any other permits, licenses or authorizations required shall be obtained and any federal, provincial and municipal legislation must be adhered to at all times. (2) A development permit for a temporary work camp may be issued for up two (2) years. The development permit shall be reviewed annually by the Development Authority to determine compliance with the conditions of the development permit. The development permit may be terminated after one (1) year if found to not be in compliance with the conditions of the development permit. (3) An application for a development permit for a work camp must provide the following information to the satisfaction of the Development Authority: 79 2018.06.26 67 (a) Type and purpose of the camp; (b) Adjacent land uses; (c) A comprehensive site plan including, total area of the camp, camp bounda ry lines, building locations, sizes, and uses, access location, driveways, parking and landscaping; (d) Detailed building plans, including the type and number of rooms, and building elevations; (e) Detailed servicing plan including drainage and grading; (f) The start date for development, date of occupancy, and camp removal date; (g) Reclamation measures for the land once the camp has been removed; and (h) Letters of support from the adjacent land owners or residents if required by the Development Authority. (5) As a condition of approval, the Development Authority may include the following conditions: (a) Requirement for County road upgrading (if required) or entering into a road use agreement with respect to impact on the roadway used to provide a ccess to the camp, such as dust control and other matters; (b) Requirements to limit noise to certain hours and days (generally 7 am to 11 pm), with the exception of generator noise, which must be mitigated by shielding or other method when it may be detrimental to an adjacent property; (c) Requirement to maintain any existing natural buffers (trees, etc.); and (d) Requirement to mitigate traffic impact by using vans or buses for transporting workers to and from job sites or urban areas. 6869. Wrecking Yard (Auto & Equipment Wreckage Site) (1) Wrecking Yards shall be located at least 800 m (0.5 miles) from any existing adjacent residence (except that of the owner). (2) Wrecking Yards shall have a minimum storage area of 2.02 ha (5.0 acres) and a maximum storage area of 4.04 ha (10 acres), and must be completely fenced and screened by a type of fence approved by the Development Authority to a height of 2.4 m (8.0 ft.). (3) All vehicles within a Wrecking Yard shall be stored within the enclosure and maintenance of the site shall be in accordance with any standards deemed necessary by the Development Authority. 80 2018.06.26 68 PART IX – LANDSCAPING, FENCING & SCREENING 69. Landscaping Requirements 70. Shelterbelts & Fences 81 2018.06.26 69 PART IX – LANDSCAPING, FENCING & SCREENING 6970. Landscaping Requirements (1) The Development Authority may require that landscaping and/or screening is provided in conjunction with any development, and is addressed as part of the Development Permit application. The intent of landscaping and screening is to contribute to a reasonable standard of appearance for developments, to provide a positive overall image for the County. (2) Landscaping and screening requirements may be applied to commercial and industrial uses. (3) Garbage and waste material must be stored in weather and animal proof containers and screened from adjacent sites and public thoroughfares. (4) On Corner Parcels, Setbacks for landscaping and fencing must be in accordance with Section 34. (5) Prior to issuing a development permit the Development Authority may require submission of a detailed landscape plan to a standard satisfactory to the Development Authority, outlining at a minimum the following: (a) The location of the trees and shrubs to be planted, including distance between trees and the anticipated full growth radius at maturity; (b) The number of trees and shrubs to be planted; and (c) The common name of the trees and shrubs to be planted. 7071. Shelterbelts & Fences (1) All trees, hedges, shrubs forming a shelterbelt or solid fences (including chain link fences with solid slats that may create visual barrier) shall be located no closer than: (a) 41.1 m (135 ft.) from a primary highway right-of-way; and (b) 10.7 m (35 ft.) from a County road right-of-way with the exception of an intersection where the required setback shall be 30.5 m (100 ft.) unless o therwise approved by the Development Authority. (2) Except as otherwise specifically stated in this Bylaw: (a) No fence shall exceed 1.8 m (6 ft.) in Height , except: i. Livestock fencing constructed with wire mesh in agricultural districts which may not exceed 2.4 m (8 ft.) in Height; and ii. Wrecking Yard fencing which may not exceed 2.4 m (8 ft.) in Height; 82 2018.06.26 70 (b) No fence situated in the Yard, Front of any residential or commercial designated Lot shall exceed a Height of 0.9 m (3 ft.) unless otherwise approved by the Development Authority. (c) No fence shall use barbed wire except in agricultural and industrial districts; and (d) No fence shall use razor wire in any district except as required by provincial and federal regulations. (e) Screening as a visual barrier, may be required by the Development Authority as a condition of a development permit. 72. Shelterbelts (1) All trees, hedges, shrubs forming a shelterbelt shall be located no closer than: (a) 41.1 m (135 ft.) from a primary highway right-of-way; and (b) 10.7 m (35 ft.) from a County road right-of-way with the exception of an intersection where the required setback shall be 30.5 m (100 ft.) unless otherwise approved by the Development Authority. Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.63 cm + Indent at: 1.27 cm Formatted: Indent: Left: 0.38 cm, Hanging: 0.63 cm Formatted: Numbered + Level: 1 + Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: 0.38 cm + Indent at: 1.02 cm 83 2018.06.26 71 PART X – PARKING PROVISIONS 71. Parking Requirements 72. Road Approaches 84 2018.06.26 72 PART X – PARKING PROVISIONS 7173. Parking Requirements (1) The number of off-street parking spaces for any development shall be according to requirements set out in each applicable land use district. (2) For multiple use sites, parking requirements shall be based on the calculation of parking required for each individual use. (3) A parking space shall not be less than 3.0 m (10 ft.) wide and 5.5 m (18 ft.) long and 16.7 m2 (180 ft. 2) in area. Category of Use Minimum Parking Requirement  Agriculture District None beyond the requirement for residential dwelling units.  Agriculture Business District 1 per 93 m2 (1000 ft2) of Building Gross Floor Area including packaging, processing or retail sales Buildings.At the discretion of the Development Authority.  Country Residential District None beyond the requirement for residential dwelling units.  Hamlet Residential District  EX-Hamlet None beyond the requirement for residential dwelling units.  Auction Mart  Auction Mart, Livestock 5 per 93 m2 (1000 ft.2 )of Building Gross Floor Area  Hamlet Commercial District  Hamlet Industrial District  Hamlet General District 1 per 93 m2 (1000 ft2) of Building Gross Floor Area  Highway Commercial District  Local Rural Commercial District  Light Industrial District  Industrial District 3 per tenant or business or as required by the Development Authority  Recreation District At the discretion of the Development Authority  MH District None beyond the requirement for residential dwelling units. 85 2018.06.26 73 Category of Use Minimum Parking Requirement  Direct Control District At the discretion of the Development Authority.  Place of Worship A minimum of 1 parking space for every 10 seats or 6.0 linear meters of pew or bench, or per 20 m2 (215.3 ft2 ) of floor space used for assembly purposes, whichever is greater.  Community Hall 1 per 9.3 m2 (100 ft2) of Building Gross Floor Area or 1 per every 6 seating spaces, whichever is greater.  Eating and Drinking Establishment 1 per four seats and 2 employee parking spaces  School 2 per elementary or junior high school classroom; 4 per secondary school classroom; 10 per post-secondary classroom.  Hotel  Motel 1 per 2 sleeping units  Bed and Breakfast Establishment  Boarding or Lodging House 1 per guest room  Home Occupation, Major  Home Occupation, Minor 1 per non-resident, on-site employee in addition to required residential parking (1) Guest parking for Housing, Apartment or Housing, Townhouse shall be available at an entrance of the site and shall be clearly identified as guest parking. (2) Guest parking for a Manufactured Home Park shall be located on the site. 7274. Road Approaches (1) The Development Authority, in consultation with the County Transportation Department may exercise the right to determine the most suitable access and egress point(s) onto a County road with regards to any subdivision or Development Permit application. (2) As a condition of subdivision or development approval, the Development Authority may require the construction of new approaches, upgrading of existing approaches and/or removal of approaches to achieve the desired long -term planning and transportation objectives of the County. 86 2018.06.26 74 PART XI – SIGN REGULATIONS 73. Definitions for Signage 74. General Sign Regulation 75. Prohibited Signs 76. Signs NOT Requiring a Development Permit 77. Signs Requiring a Development Permit 78. Freestanding Signs 79. Fascia or Wall Sign 80. Portable Signs 81. Projecting Signs 82. Temporary Signs 83. Signage for a Bed & Breakfast 87 2018.06.26 75 PART XI – SIGN REGULATIONS 7375. Definitions for Signage For the purpose of this section, the following definitions apply: “Billboard” means a structure, primarily self-supporting, which is used for the display of general advertising, the subject matter of which is not necessarily related to the use or ownership of the property on which the structure is loca ted. “Building Face” means the total area of the wall of a building. “Copy” means the text, illustrations and symbols that make up the message on a sign. “Fascia Sign” or “Wall 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. “Freestanding Sign” means a sign on a standard or column permanently attached to the ground and which is not connected in any way to any building or other structure. “Illuminated Sign” means any sign illuminated either directly from a source of light incorporated in or connected with the sign, or indirectly from an artificial source. “Portable Sign” means a sign, excluding A-board and temporary signs that can be carried or transported from one site to another. “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. “Roof Sign” means any sign placed on or over a roof. “Sandwich Board Sign” means a temporary, movable, self-supporting A-shaped sign consisting of two flat surfaces joined at the upper end and resting on the ground. “Sign” means any word, letter, model, picture, symbol, device or representation used as, or which is in the nat ure 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 provided for in this Bylaw, is subject to all regulations governing signs. “Sign Area” means the total surface area within the outer periphery of the said sign, and in the case of a sign comprised 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 advertising matter shall not be included in computation of surface area. “Sign Height” means the vertical distance measured from natural grade at the base of the sign to the highest point of such sign. 88 2018.06.26 76 “Temporary Sign” means a sign or banner that is not permanently installed or affixed, advertising a product, activity or event on a limited time basis and does not include a portable sign and sandwich board. “Third Party Sign” means a sign, which directs attention to a business, commodity, service, or entertainment conducted, sold or offered at a location other than the premise on which the sign is located. Excluded from this category shall be sandwich board signs. “Vehicle Sign” means a sign mounted, posted or otherwise adhered on or to a motor vehicle, including but not limited to trailers, Portable Storage Containers, wagons, tractors, and recreational vehicles. 7476. General Sign Regulations The following provisions apply to signage that has been, or is to be, placed on privately owned land. (1) Notwithstanding Section76, Signs NOT requiring a development permit, no or Sign structure shall be erected without development permit approval and the prior consent of the registered owner and the occupant of the land in question. (2) Development Permit applications which require signs that do not meet the requirements of Section 14 will submit the necessary fee for sign applications as per the Master Rates Bylaw along with the application for development or use. 1) The process for approval of the sign will be attached to the same decision making process as the main application/use. (3) Alberta Transportation shall be referred to for all development permit applications for Signs proposed to be developed adjacent a Highway. (4) All Signs and Sign structures located on County property shall be kept in a safe, clean and tidy condition and, if not so kept, may be required by resolution of Council to be renovated or removed. (5) All Signs shall be wholly located within the boundaries of the site on which they are located and are not bound by the yard requirement of the district in which it is located, but shall not impede sight lines. (6) No Sign shall project higher than the roofline of the building to which it is attached unless otherwise approved by the Development Authority. (7) No Signs, billboards or any other advertising structures shall be placed on or affixed to public property without the prior approval of the appropriate public body. 89 2018.06.26 77 (8) Adjacent to the Town of Drumheller, there are special regulations to control signage into the Town. Along the south side of Highway No. 9 in the N ½ 21 and the N ½ 22 - 028-20-W4M, the only signs that will be permitted are those in the Community Business Signs Program. Alberta Transportation will determine the location of these signs and the construction and installation of the sign structure must adhere to all departmental specifications and regulations. Adjacent to the highway rights-of-way, no private signs will be permitted. (9) Adjacent to the Town of Drumheller in the E ½ 35-28-20-W4M and through Section 26-028-20-W4M, existing private signs will be allowed to remain, subject to Alberta Transportation Guidelines. (10)Failure to obtain a Development Permit for a sign when it is required will result in a fine described in Section 31(7). 7577. Prohibited Signs (1) Signs that are not expressly permitted in this Bylaw are prohibited and without restricting or limiting the generality of the foregoing, the following Signs are specifically prohibited: (a) Vehicle Signs. Any Sign on a vehicle or trailer used primarily as a static advertising display, but not if said vehicle is used in the normal day -to-day operations of the business. (b) Signs affixed to utility poles or trees. (c) Illuminated Signs are prohibited within residential and agricultural districts. (d) Flashing, intermittent, animated and/or scintillating lights that are visible from a Road or Highway are prohibited. (e) Signs situated within the Sight Triangle must adhere to the provisions of Section 34. (f) No Sign or Sign structure shall be erected where it may interfere with, obstruct or be confused with any authorized traffic sign, signal or device. (g) No Sign shall be placed on any property without the express permission of the property owner; this includes County-owned property. (h) No Sign shall extend or overhang into a neighboring property, and no Sign shall overhang a public street right-of-way except for an approved canopy, awning, projecting, hanging, or other suspended sign where approved by the Development Authority. (i) No person, owner or tenant shall post a Sign, which contains statements, words or pictures of an obscene or pornographic nature. 90 2018.06.26 78 7678. Signs NOT Requiring a Development Permit (1) The following Signs may be erected on any land or affixed to the exterior of any building without the need for a development permit: (a) Non-Illuminated Signs for identification, direction or warning, no more than 1.5 m² (16 ft2) in sign area, and limited to two (2) per parcel; (b) Non-Illuminated Signs relating to a person, partnership, or company practicing a profession, business or trade, no more than 1.5 m² (16 ft.²) in sign area, and limited to two (2) per parcel; (c) Non-Illuminated Signs relating to a religious, educational, cultural, recreational club or institution or to a motel or apartment building, no more than 1.5 m² (16 ft.²) in sign area, and limited to two (2) per parcel; (d) Non-Illuminated Signs of local authorities, utility boards or other public or quasi- public bodies; (e) Non-Illuminated Signs offering any residential, commercial, or industrial site for development, sale, lease or rent, provided the sign does not exceed 3.0 m² (32 ft²) in sign area; (f) Non Illuminated Signs associated with municipal, provincial and federal elections; and (g) Signs by a government or government agency. (2) Small Temporary Signs relating to the sale or renting of land, the sale of goods or livestock, the carrying out of building or similar work, or announcement of any local event are exempt from obtaining a development permit provided the following conditions are met: (a) Maximum one (1) Temporary Sign not exceeding a sign area of 3.0 m² (32 ft²); and (b) The Temporary Sign shall be removed by the advertiser within fifteen (15) days of the completion of the event, sale, or works to which such signs relate. 7779. Signs Requiring a Development Permit (1) An application for a development permit to structurally alter or erect a Sign that requires a development permit shall be made to the Development Authority and shall include the following: (a) A letter of consent from the registered owner of the land or building upon which the sign will be located; (b) The owner of the Sign; (c) The location of all existing and proposed Signs on the building façade or on a site plan of the parcel indicating the front and side Property Lines, setbacks and distances from existing buildings; 91 2018.06.26 79 (d) Two copies of a rendering / illustration of the proposed Sign with dimensions and total Sign Area, height of top and bottom of the Sign above average ground level and thickness of the Sign; (e) Materials, finishes, colors, size of lettering and graphics; (f) Mounting or installation details: the Development Authority may require that a structural drawing be prepared and sealed by a Professional Engineer; (g) Mounting height or clearance to grade; and (h) The appropriate fee as set out in the Master Rates Bylaw and amendments there to. 7880. Freestanding Signs (1) Freestanding Signs shall be located on the affected property. (2) Maximum one (1) Freestanding Sign per Lot unless there are multiple businesses, in which case one (1) additional identification or business directory sign shall be permitted. (3) Illuminated Freestanding Signs may be allowed in Commercial and Industrial Districts only. (4) Copy is permitted on both sides of Freestanding Signs, therefore allowing the sign area to be double the permitted Sign Area. (5) The maximum sign area is 1.5 m2 (16 ft2) for Freestanding Signs in Residential Districts, unless it is a Neighborhood Identification sign. (6) The maximum sign area is 3.0 m2 (32 ft2) for Freestanding Signs in the Recreation District. (7) The maximum sign area is 6.0 m2 (64 ft2) for Freestanding Signs in Agricultural Districts. (8) The maximum sign area is 3.0 m2 (32 ft2) for Freestanding Signs in Hamlet Industrial or Commercial Districts. (9) The maximum sign area is 6.0 m2 (64 ft2) for Freestanding Signs in other Industrial or Commercial Districts. (10)The maximum Sign Height is 1.5 m (5 ft.) for Freestanding Signs in residential Districts, unless it is a Neighborhoo d Identification sign. (11)The maximum Sign Height is 9.5 m (31.2 ft.) for Freestanding Signs in all except residential Districts. (12)Freestanding Signs shall not be located closer than: (a) 1.0 m (3.3 ft.) to a Property Line within any Hamlet district; (b) 10 m (33 ft.) to a Property Line abutting a County road; or 92 2018.06.26 80 (c) In accordance with Alberta Transportation’s setback requirements where abutting a highway. 7981. Fascia or Wall Signs (1) Fascia Signs may be allowed in all districts but are restricted to the first story of the building in residential and agricultural districts. (2) Maximum one (1) awning, canopy, projecting or Fascia Sign per business frontage unless there are multiple businesses, in which case one (1) additional identification or business directory sign shall be permitted. (3) The maximum Sign Area is 0.6 m2 (6.5 ft2) for Fascia Signs identifying a home occupation, Bed and Breakfast Establishment, or Day Care Facility, Minor in any residential district. (4) The maximum Sign Area is 3.0 m2 (32 ft2) for Fascia Signs in a Recreational District. (5) The maximum Sign Area is 6.0 m2 (64 ft2) for Fascia Signs used in an Agricultural District. (6) The maximum Sign Area, of all Fascia Signs on a building face, is 15 percent of the building face, to which the Sign(s) are affixed, to a maximum of 24 m2 (258 ft.2), in Commercial and Institutional Districts. For mixed-use buildings, only the commercial portion is used for calculating building face. (7) Fascia Signs shall not project more than 0.4 m (1.3 ft.) horizontally from the building face to which it is attached. (8) Illuminated Fascia Signs shall be permitted in Commercial and Industrial Districts only. 8082. Portable Signs (1) Portable Signs may be allowed in all districts except residential districts. (2) Maximum one (1) Portable Sign shall be displayed per development site. (3) The Sign Area for a Portable Sign shall be no greater than 3.0 m2 (32 ft2). (4) Portable Signs shall not be located on public property or on a required off -street parking space or a driveway. 8183. Projecting Signs (1) Projecting Signs may be allowed in Commercial and Industrial Districts only. (2) Maximum one (1) awning, canopy, projecting or fascia sign per business frontage. (3) Copy is permitted on both sides of Projecting Signs, therefore allowing the Sign Area to be double the permitted Sign Area. (4) The maximum Sign Area is 1.5 m2 (16 ft2) for a Projecting Sign. (5) A Projecting Sign shall have a minimum vertical clearance from grade or, if applicable, a sidewalk, of 2.4 m (8 ft.). 93 2018.06.26 81 8284. Temporary Signs (1) Large Temporary Signs relating to the sale or renting of land, the sale of goods or livestock, the carrying out of building or similar work, or announcement of any local event must obtain a development permit and meet the following conditions: (a) Maximum two (2) Temporary Signs not exceeding a total Sign Area of 9.0 m² (96 ft.²); (b) Copy is permitted on both sides of the Temporary Sign, therefore allowing Sign Area to be double the permitted Sign Area; (c) The maximum Sign Height shall not exceed 6.1 m (20 ft.); and (d) The Temporary Sign shall be removed by the advertiser within fifteen (15) days of the completion of the event, sale, or works to which such signs relate. 8385. Signage for a Bed & Breakfast (1) Each Bed and Breakfast Establishment shall provide one (1) on-site Freestanding Sign for the purpose of identifying the Bed and Breakfast Establishment and shall be regulated in accordance with the following requirements: (a) A sign for a Bed and Breakfast Establishment shall be located within the Yard, Front and must be visible from a public road; and (b) A Sign for a Bed and Breakfast Establishment may be attached to either existing fencing or on independent posts to the satisfaction of the Development Authority. 94 2018.06.26 82 PART XII – LAND USE DISTRICTS 84. A – Agriculture District 85. AB – Agriculture Business District 86. CR – Country Residential District 87. HR – Hamlet Residential District 88. HC – Hamlet Commercial District 89. HI – Hamlet Industrial District7 90. HG – Hamlet General District 91. XH – EX-Hamlet District 92. HWY-C – Highway Commercial District 93. LRC – Local Rural Commercial District 94. LI – Light Industrial District 95. I – Industrial District 96. R – Recreation District 97. MH – Manufactured Home District 98. DC – Direct Control District 99. DC1 – Specific Direct Control District 100. DC2 – Specific Direct Control District 101. DC3 – Specific Direct Control District 102. DC4 – Specific Direct Control District 95 2018.06.26 83 PART XII – LAND USE DISTRICTS 8486. A - Agriculture District Purpose To preserve Better Agricultural Land and to provide areas for the conduct, accommodation, and continuation of a wide-range of agricultural and compatible uses. Permitted Uses Discretionary Uses (a) Accessory Building (b) Agricultural Building (c) Agriculture, Extensive (d) Auxiliary Dwelling Unit (e) Greenhouse, Private (f) Home Occupation, Minor (g) Housing, Manufactured - Type 1 (h) Housing, Manufactured - Type 2 (i) Housing, Single-Detached (j) Indoor Riding Arena, Private (k) Portable Storage Container (l) Public Utility Building (m) Temporary Second Dwelling (m)(n) Sign (a) Abattoir (b) Accessory use(s) (c) Agricultural Processing (d) Agricultural Support Services (e) Agricultural Tourism (f) Airport (g) Airstrip (h) Animal Shelter (i) Auction Mart (j) Auction Mart, Livestock (k) Bed and Breakfast Establishment (l) Boarding or Lodging House (m) Brewery/Distillery & Sales (l)(n) Cheese Processing (m)(o) Clustered Farm Dwellings (p) Cemetery (n)(q) Commercial Aquaculture (r) Commercial Kennel (o)(s) Communication Tower (t) Community Hall (p)(u) Compost Facility, Commercial (q)(v) Corn Maze (r)(w) Creative Architecture (s)(x) Day Care Facility, Major (t)(y) Day Care Facility, Minor (u)(z) Farm Gate Sales (v)(aa) Feed Mills, Grain Elevators, Seed Cleaning Plants, & Fertilizer Storage & Distribution (bb) Home Occupation, Major Formatted: Font: Not Bold 96 2018.06.26 84 Permitted Uses Discretionary Uses (w)(cc) Honey Processing (x)(dd) Housing, Cluster (y)(ee) Housing, Cluster Farm (z)(ff) Housing, Garden Suite (gg) Intensive Vegetative Operation (aa)(hh) Landscaping, Commercial (ii) Livestock as per Section 40 (jj) Meat Production (bb)(kk) Medicinal Herb Production (cc)(ll) Moved-in Building (dd)(mm) Natural Resource Extractive Industry (ee)(nn) Office (ff)(oo) Place of Worship (pp) Public or Quasi-public Use (qq) Retail Store (gg)(rr) Riding Arena, Commercial (hh)(ss) Second Dwelling, on parcels greater or equal to 8.09 ha (20 acres) (ii) Sign (tt) Solar Farm (jj)(uu) Tree Farm (kk)(vv) U-Pick (ll)(ww) Warehousing (mm)(xx) Waste Management Facility, Major (nn)(yy) Waste Management Facility, Minor (zz) Wind Energy Conversion System (oo)(aaa) Wool Production (pp)(bbb) Work Camp (1) Density (a) Maximum of 5 Lots per quarter section, including the balance of the quarter section, but not including Lots for Public or Quasi-public Use or Public Utility. (b) Only one Dwelling Unit shall be permitted per Lot unless otherwise approved by the Development Authority. (c) Maximum total area of all subdivided bare parcels from a quarter shall not exceed 6.07 ha (15 acres); exempt from this requirement is a subdivision proposed solely for an existing farmstead or existing historical farmstead. 97 2018.06.26 85 (d) If it’s an undeveloped road, the applicant is required to build the road as part of their subdivision conditions in accordance with Kneehill County standards. (2) Subdivision Regulations (a) Minimum Lot Area is 64.7 ha (160 acres) for an Agriculture, Extensive Principal use. Or the largest remaining remnant of a previously subdivided quarter section. (b) For a bare parcel residential principal use the following lot areas apply: i. Minimum lot area is 0.8 ha (2 acres). ii. Maximum lot area is 2.02 ha (5 acres). (c) Subdivision approvals for developed farmsteads shall be a minimum of 0.8 ha (2 acres) and be kept as small as possible while incorporating shelterbelts, ancillary buildings, on-site sewage disposal and water systems and access (pasture land?). (d) Minimum and maximum Lot Areas for all other uses at the discretion of the Development Authority. (e) Subdivisions of lots should not be allowed where, in the opinion of the Development Authority, potential conflicts with adjacent or surrounding land uses would result. (3) Other Regulations (a) Water wells and private sewage treatment and disposal systems that meet current code requirements shall be located on the Parcel they service. (b) Both the proposed Parcel and the remainder Parcel shall have direct legal and physical access to a public road. (4) Siting Regulations (a) Minimum Yard, Front Setback: 41.1 m (135 ft.) from a Highway. (b) Minimum Yard, Front Setback: 30.5 m (100 ft.) from a local Road. (c) Minimum Yard, Side Setback: 7.6 m (25 ft.) (d) Minimum Yard, Rear Setback: 7.6 m (25 ft.) (5) Development Regulations (a) Minimum Gross Floor Area for Housing, Single-Detached: 74 m² (800 ft.2) (b) Minimum Gross Floor Area for other uses: at the discretion of the Development Authority. (c) Maximum Height for a Dwelling Unit: (d) Housing, Cluster, Farm and Housing, Employee are exempt from (5)(a) & (c) 10.7 m (35 ft.) or 3.5 stories Formatted: Highlight 98 2018.06.26 86 (6) Additional permanent Housing, Single-Detached on Parcels greater than or equal to 8.09 ha (20 Acres) are subject to the following: (a) The Development Authority shall not approve an additional permanent Housing, Single-Detached on parcels less than 8.09 ha (20 acres)unless permitted elsewhere in this Land Use Bylaw. (b) All additional permanent Housing, Single-Detached are subject to the requirements of Subsection (4) and (5). (c) On parcels containing greater than or equal to 8.09 ha (20 Acres) the additional permanent housing, single-detached is subject to the following condition: i. The permanent housing, single–detached may be required to tie in to the existing water and sewage systems, utilities, and use existing access roads driveways and approaches existing on the lot. (7) A Development Officer may approve a Temporary Second Dwelling subject to the following: (a) The applicant shall, within one year of occupying the new dwelling, remove, destroy or render uninhabitable the former dwelling located on the Lands to the satisfaction of the Development Authority. (b) As a condition of issuing a development permit approval for a Temporary Second Dwelling, the Development Authority may require an irrevocable letter of credit or cash, representing the costs which may be incurred by the County in the event the Owner should breech this agreement and fail to remove, destroy or render uninhabitable the former within one year of occupancy of a new residence. (c) The security will be released once all the conditions ha ve been completed by the applicant to the satisfaction of the Development Authority, and are met within the time frame as set out in the development permit. (d) Upon expiry of the development permit, the Development Authority will inspect the site to determine compliance. If the required work has not been completed to the satisfaction of the Development Authority, administration may use the security to have the work completed and bring the building into compliance as per recommendation by the Development Authority. (8) Special Requirements (a) The Development Authority 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. (b) Agricultural land, in particular, Canada Land Inventory Capability for Agriculture classifications 1 to 3 shall be encouraged to be preserved for agricultural purposes. 99 2018.06.26 87 (9) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. 100 2018.06.26 88 8587. Agriculture Business District Purpose To provide areas opportunities for larger subdivisions where specific agricultural uses for commercial purposes can be accommodated on a smaller scale. Uses within this district further the Municipal Development Plan’s goals of maintaining a rural and agricultural focus for the County through allowing for businesses that are related to agricultural pursuits and are an appropriate adjacent use to agricultural operations. Permitted Uses Discretionary Uses (a) Accessory Building (a) Abattoir (b) Agriculture Building (b) Accessory Use(s) (c) Agriculture, Extensive (c) Agriculture Processing (d) Community Garden (d) Agriculture Support Services (e)Culinary Herb production (e) Agriculture Tourism (f)Cut Flower market (f) Brewery/Distillery & Sales (g)Farm Gate Sales (g) Cheese processing (h)Greenhouse, commercial (h) Commercial Aquaculture (i)Market Garden (i) Compost Facility, Commercial (j)Public Utility Building (j) Corn Maze (k)Sign U-Pick (k) Feed Mills, Grain Elevators, Seed Cleaning Plants, Fertilizer Storage & Distribution (l) U-Pick (l) Honey Processing (m) Housing, Single Detached (n) Intensive Vegetative Operation (o)Landscaping, commercial (p)Livestock (per Sec. 40) (q)Meat production (r)Medicinal Herb production (s)Office (t)Portable Storage Container (u)Retail Store (v)Riding Arena, Commercial Sign (w)Tree Farm (x)Wool Production 101 2018.06.26 89 (1) Density (a) Maximum of 16.18 ha (40 Acres) per quarter section, including the balance of the quarter section, but not including Lots for Public or Quasi-public Use or Public Utility. (b) Should be located along highways or well developed roads (c) Only one residence permitted on lots created under Agriculture Business District (2) Subdivision Regulations (a) For a bare parcel principal use on arable land and non-arable land the following lot areas apply: i. Minimum Lot Area is 4.05 ha (10 acres). ii. Maximum Lot Area is 16.18 ha (40 acres). (b) Subdivision of lots should not be allowed where, in the opinion of the Development Authority, potential conflicts with adjacent or surrounding land uses would result. (3) Siting Regulations (e) Minimum Yard, Front Setback: 41.1 m (135 ft.) from a Highway. (f) Minimum Yard, Front Setback: 30.5 m (100 ft.) from a local Road. (g) Minimum Yard, Side Setback: 7.6 m (25 ft.) (h) Minimum Yard, Rear Setback: 7.6 m (25 ft.) (4) Development Regulations (e) Minimum Gross Floor Area for Housing, Single-Detached: 74 m² (800 ft.2) (f) Minimum Gross Floor Area for other uses: at the discretion of the Development Authority. (g) Maximum Height for a Dwelling Unit: 10.7 m (35 ft.) or 3.5 stories (5) When permitted, these parcels should not: i. Fragment existing farming units; ii. Provide access that would result in unduly severing of the agricultural land (6) Uses that will largely be contained within a commercial building should be located on marginal or non-arable land when possible (7) Water wells and private sewage treatment and disposal systems shall be located on the Parcel they service. (8) Both the proposed Parcel and the remnant Parcel shall have direct legal and physical access to a public road. 102 2018.06.26 90 (9) Applications to re-designate land to Agriculture Business District will be evaluated on their own merits. Proposals shall be compatible with adjacent uses and agricu ltural land, in particular Canada Land Inventory classifications 1 to 3, shall be encouraged to be preserved for agricultural purposes (these are ag purposes). Developers will be required to install services, provide access to the parcel and the parcel must be suitable for adequate water and sewer servicing. (10) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. Formatted: Highlight 103 2018.06.26 91 8688. Country Residential District Purpose The purpose of this district is to provide for residential development at rural densities. Permitted Uses Discretionary Uses (a) Accessory Building (b) Greenhouse, Private (c) Home Occupation, Minor (d) Housing, Single-Detached (e) Public Utility Building (a) Accessory Use(s) (b) Auxiliary Dwelling Unit (c) Bed and Breakfast Establishment (d) Creative Architecture (e) Day Care Facility, Major (f) Day Care Facility, Minor (g) Housing, Manufactured - Type 1 (h) Livestock as per Section 40 Keep or remove? (i) Moved-in Building (j) Portable Storage Containers (k) Public or Quasi-public Use (l) Riding Arena, Private (m) (1) Subdivision Regulations (a) Minimum Lot Area: 0.20 ha (0.5 acres) (b) Maximum Lot Area: 1.62 ha (4.0 acres) (c) Density: 5 Country Residential Parcels minimum. (2) Development Regulations (a) Maximum Lot Coverage: Forty (40) percent (b) Maximum Height of a Principal Building: The lesser of 9.5 m (31.2 ft.) or three stories. (c) Maximum Height of an Accessory Building: The lesser of 6.0 m (20 ft.) or two stories. (3) Siting Regulations (a) Minimum Yard, Front Setback: 41.0 m (135 ft.) from a Highway. (b) Minimum Yard, Front Setback: 30.5 m (100 ft.) from a local Road. (c) Minimum Yard, Front Setback: 7.6 m (25 ft.) from a Property Line for internal Roads in a cluster Development. (d) Minimum Yard, Side Setback: 7.6 m (25 ft.) (e) Minimum Yard, Rear Setback: 7.6 m (25 ft.) 104 2018.06.26 92 (4) Dwelling Regulations (a) Minimum Gross Floor Area: 93 m² (1000 ft²) (5) Special Requirements (a) Accessory buildings and Uses (including satellite dishes) may be erected or placed within the Yard, Front at the discretion of the Development Authority. (b) Holiday Trailer and Recreational Vehicle (RV) Restrictions: i. Not more than two (2) holiday trailers shall be stored or parked on a parcel at one time unless otherwise approved by the Development Authority. (6) Applications to re-designate 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 3, s hall be encouraged to be preserved for agricultural purposes. Developers will be required to install services, provide access to the parcel and the parcel must be suitable for adequate water and sewer servicing. (7) A Tiny House may be considered in the Country Residential District if all the lots in the district are designated for Tiny House development. (8) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. 105 2018.06.26 93 8789. Hamlet Residential District Purpose The purpose and intent of this district is to provide for Hamlet residential uses having regard to the essentially rural character of the area. Permitted Uses Discretionary Uses (a) Accessory Building (b) Greenhouse, Private (c) Housing, Single-Detached (a) Accessory use(s) (b) Auxiliary Dwelling Unit (c) Bed and Breakfast Establishment (d) Boarding or Lodging House (e) Community Hall (f) Day Care Facility, Minor (g) Home Occupation, Minor (h) Housing, Apartment (i) Housing, Duplex (j) Housing, Manufactured - Type 1 (k) Housing, Manufactured - Type 2 (l) Housing, Townhouse (m) Moved-in Building (n) Place of Worship (o) Portable Storage Container (p) Public or Quasi-public Use (q) Public Utility Building (r) School (s) (1) Servicing Regulations Servicing regulations as per Bylaw 1699 Water & Wastewater Services Bylaw, as amended from time to time. (2) Development Regulations (a) Minimum Gross Floor Area for Housing, Single-Detached and Housing, Manufactured: 74 m² (800 ft.²) (b) Maximum Lot Coverage: 40% (c) Other uses at the discretion of the Development Authority. (3) Siting Regulations (a) Principal Buildings and Structures: Formatted: Highlight 106 2018.06.26 94 (i) Minimum Yard, Front Setback(for new Construction): 7.6 m (25 ft.) (ii) Minimum Yard, Front Setback for other uses: at the discretion of the Development Authority (iii) Minimum Yard, Side Setback (interior): 1.5 m (5 ft.) (iv) Minimum Yard, Side Setback (exterior): 4.6 m (15 ft.) (v) Minimum Yard, Rear Setback: 7.6 m (25 ft.) (vi) Maximum Height: 9.5 m (31.2 ft.) or 3 stories (vii) Notwithstanding Subsection Siting Regulations 3(a)(iii), a Lot having no direct vehicular access to the Yard, Rear shall maintain one Yard, Side Setback of a least 3.0 m (10 ft.). (b) Accessory Buildings and Structures: (i) Minimum Yard, Front Setback: 7.6 m (25 ft.) (ii) Minimum Yard, Front Setback for other uses: at the discretion of the Development Authority (iii) Minimum Yard, Side Setback (interior): 1.0 m (3 ft.) (iv) Minimum Yard, Side Setback (exterior): 3.0 m (10 ft.) (v) Minimum Yard, Rear Setback: 1.0 m (3 ft.) (vi) Maximum Height: 4.6 m (15 ft.) (vii) Notwithstanding Subsection Siting Regulations 3(b)(iii), a Lot having no direct vehicular access to the Yard, Rear shall maintain one Yard, Side Setback of a least 3.0 m (10 ft.). (4) Special Requirements (a) Setbacks may be relaxed at the discretion of the Development Authority. (b) Additions to existing structures within setback requirements cannot be extended where further encroachment would occur without a relaxation. (c) Front yard setbacks for existing structures may be considered to be conforming, but no further encroachment may occur without a relaxation. (5) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, P art X – Parking and Loading Regulations, and Part XI – Sign Regulations. 107 2018.06.26 95 8890. Hamlet Commercial District Purpose To provide a range of commercial uses within Hamlets which caters to the needs of local residents and the surrounding rural area. Permitted Uses Discretionary Uses (a) Accessory Building (b) Eating and Drinking Establishment (c) Financial Service (d) Office (e) Personal Services (f) Retail Store (a) Accessory Use(s) (b) Animal Shelter (c) Automotive and Recreational Vehicle Sales and Rentals (d) Bulk Fuel Depot (e) Campground (f) Car/Truck Wash (g) Commercial Storage (h) Day Care Facility, Major (i) Equipment Rentals (j) Farm & Industrial Equipment & Machinery Sales & Service (k) Funeral Home (l) Gas Bar (m) Health Services Facility (n) Hotel (o) Housing, Mixed Use (p) Liquor Sales (q) Motel (r) Museum (s) Portable Storage Container (t) Public or Quasi-public Use (u) Public Utility Building (v) Recreational, Minor (w) Recycling Collection Point (x) Recycling Depot (y) Service Station (z) (aa) U-Pick (bb) Veterinary Clinic (cc) Veterinary Hospital (dd) Warehousing 108 2018.06.26 96 (1) Subdivision Regulations (a) Minimum Lot Area: As required by the Development Authority (2) Development Regulations (a) Maximum Lot Coverage: Sixty Percent (60%) (b) Maximum Height of any Principal or Accessory Structure: 12.0 m (39.4 ft.) (3) Siting Regulations (a) Minimum Yard, Front Setback As required by the Development Authority (b) Minimum Yard, Rear Setback As required by the Development Authority (c) Minimum Yard, Side Setback 1.5 m (5 ft.) (d) Notwithstanding Subsection (3)(c), where a firewall is provided, the minimum Yard, Side Setback may be 0.0 m (0.0 ft.), subject to Building Code requirements. (4) Special Requirements (a) All uses which involve outdoor storage of goods, machinery, vehicles, building materials, waste materials, etc. shall be screened to the satisfaction of the Development Authority. (b) No variance to Yard, Side Setbacks shall be given if the site is located adjacent to residential district. (c) Additions to existing structures within setback requirements cannot be extended where further encroachment would occur without a relaxation. (d) Front yard setbacks for existing structures may be considered to be conforming, but no further encroachment may occur without a relaxation. (5) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. 109 2018.06.26 97 8991. HI – Hamlet Industrial District Purpose To provide a suitable range of light industrial uses having regard to the rural character of the Hamlet. Permitted Uses Discretionary Uses (a) Accessory Building (b) Automotive and Recreational Vehicle Sales and Rentals (c) Farm and Industrial Equipment and Machinery Sales and Service (d) Office (e) Veterinary Clinic (a) Abattoir (b) Accessory Use(s) (c) Agricultural Processing (d) Agricultural Support Services (e) Bulk Fuel Depot (f) Car/Truck Wash (g) Commercial Storage (h) Equipment Rentals (i) Feed Mills, Grain Elevators, Seed Cleaning Plant, Fertilizer Storage & Distribution (j) Industrial Manufacturing/Processing (k) Meat Production (l) Outdoor Storage Facility (m) Portable Storage Container (n) Public or Quasi-public Use (o) Public Utility Building (p) Recycling Collection Point (q) Recycling Depot (r) Service Station (s) (t) Warehousing (1) Subdivision Regulations (a) Minimum Lot Area: As required by the Development Authority (2) Development Regulations (a) Maximum Lot Coverage: Sixty Percent (60%) (b) Maximum Height of any Principal or Accessory Structure: 12.0 m (39.4 ft.) (3) Siting Regulations (a) Minimum Yard, Front Setback: 7.6 m (25 ft.) 110 2018.06.26 98 (b) Minimum Yard, Side Setback: 1.5 m (5 ft.) (c) Minimum Yard, Rear Setback: 7.6 m (25 ft.) Unless otherwise indicated by the Development Authority (d) Notwithstanding Subsection (3)(b), a Lot abutting a residential district shall maintain a minimum Yard, Side Setback of 7.6 m (25 ft.). (4) Special Requirements (a) Additions to existing structures within setback requirements cannot be extended where further encroachment would occur without a relaxation. (b) Front yard setbacks for existing structures may be considered to be conforming, but no further encroachment may occur without a relaxation. (5) All uses which involve outdoor storage of goods, machinery, vehicles, building materials, waste materials, etc. shall be screened to the satisfaction of the Development Authority. (6) No variance to setbacks shall be given if the site is located adjacent to residential district. (7) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. 111 2018.06.26 99 9092. Hamlet General District Purpose The purpose and intent of this district is to provide for a mixture of Hamlet commercial, residential and industrial uses in Hamlets whose small size and/or existing mixture of land uses is such that it is not deemed practical for their detailed designatio n into several land use districts. Permitted Uses Discretionary Uses (a) Accessory Building (b) Housing, Single-Detached (a) Abattoir (b) Accessory use(s) (c) Adult Care Residence (d) Agricultural Processing (e) Agricultural Support Services (f) Animal Shelter (g) Automotive and Recreational Vehicle Sales and Rentals (h) Auxiliary Dwelling Unit (i) Bed and Breakfast Establishment (j) Boarding or Lodging House (k) Bulk Fuel Depot (l) Campground (m) Car/Truck Wash (n) Cemetery (o) Commercial Storage (p) Community Hall (q) Day Care Facility, Major (r) Day Care Facility, Minor (s) Eating and Drinking Establishment (t) Equipment Rentals (u) Farm and Industrial Equipment and Machinery Sales and Service (v) Feed Mills, Grain Elevators, Seed Cleaning Plants, Fertilizer Storage & Distribution (w) Financial Service (x) Funeral Home (y) Gas Bar (z) Greenhouse, Private (aa) Health Services Facility (bb) Home Occupation, Minor 112 2018.06.26 100 Permitted Uses Discretionary Uses (cc) Hotel (dd) Housing, Apartment (ee) Housing, Duplex (ff) Housing, Manufactured - Type 1 (gg) Housing, Manufactured - Type 2 (hh) Housing, Mixed Use (ii) Housing, Townhouse (jj) Industrial Manufacturing/Processing (kk) Liquor Sales (ll) Meat Production (mm) Motel (nn) Moved-in Building (oo) Museum (pp) Office (qq) Outdoor Storage Facility (rr) Personal Services (ss) Place of Worship (tt) Portable Storage Container (uu) Public or Quasi-public Use (vv) Public Utility Building (ww) Recreational, Minor (xx) Recycling Collection Point (yy) Recycling Depot (zz) Retail Store (aaa) School (bbb) Service Station (ccc) (ddd) Veterinary Clinic (eee) Warehousing (1) Development Regulations (a) Every development in the HG district shall conform to regulations governing Lot 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 Authority 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. 113 2018.06.26 101 (2) Special Requirements (a) No new parcel of land shall be designated as Hamlet general district, and no existing parcel of land shall be re-designated Hamlet general district. Boundary adjustments may be considered. (b) Additions to existing structures within setback requirements cannot be extended where further encroachment would occur without a relaxation. (c) Front yard setbacks for existing structures may be considered to be confo rming, but no further encroachment may occur without a relaxation. (3) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. 114 2018.06.26 102 9193. XH – EX-Hamlet District Purpose The purpose and intent of this district is to provide for appropriate uses and development of land that are ostensibly residential in nature and are located within neighborhoods that are no longer considered Hamlets. The rationale behind the creation of the ex-Hamlet district is to allow for the development of parcels in ex-Hamlets that are now legally non-conforming and as such are subject to restrictions as per the Municipal Government Act and Section 6 Non-Conforming Buildings & Uses of this Land Use Bylaw. Permitted Uses Discretionary Uses (a) Accessory Building(s) (b) Housing, Single-Detached (a) Accessory use(s) (b) Auxiliary Dwelling Unit (c) Bed and Breakfast Establishment (d) Home Occupation, Minor (e) Housing, Manufactured - Type 1 (f) Housing, Manufactured – Type 2 (g) Portable Storage Container (h) Public or Quasi-public Use (i) Public Utility Building (j) School (k) Sign (1) Subdivision Regulations (a) Servicing regulations as per Bylaw 1699 Water & Wastewater Services Bylaw, as amended from time to time. (2) Development Regulations (a) Minimum Gross Floor Area for Housing, Single-Detached and Housing, Manufactured: 74 m² (800 ft.) (b) Maximum Lot Coverage: 40% (3) Siting Regulations (a) Principal Buildings and Structures: (i) Minimum Yard, Front Setback: 7.6 m (25 ft.) (ii) Minimum Yard, Front Setback for other uses: at the discretion of the Development Authority Formatted: Highlight 115 2018.06.26 103 (iii) Minimum Yard, Interior Side Setback: 1.5 m (5 ft.) (iv) Minimum Yard, Exterior Side Setback: 4.6 m (15 ft.) (v) Minimum Yard, Rear Setback: 7.6 m (25 ft.) (vi) Maximum Height: 9.5 m (31.2 ft.) or 3 stories (vii) Notwithstanding Subsection (3)(a)(iii), a Lot having no direct vehicular access to the Yard, Rear shall maintain one Yard, Side Setback of a least 3.0 m (10 ft.). (b) Accessory Buildings and Structures: (i) Minimum Yard, Front Setback: 7.6 m (25 ft.) (ii) Minimum Yard, Front Setback for other uses: at the discretion of the Development Authority (iii) Minimum Yard, Interior Side Setback: 1.0 m (3.2 ft.) (iv) Minimum Yard, Exterior Side Setback: 3.0 m (10 ft.) (v) Minimum Yard, Rear Setback 1.0 m (3.2 ft.) (vi) Maximum Height 4.6 m (15 ft.) (vii) Notwithstanding Subsection (3)(b)(iii), a Lot having no direct vehicular access to the Yard, Rear shall maintain one Yard, Side Setback of a least 3.0 m (10 ft.). (4) Special Requirements (a) Setbacks may be relaxed at the discretion of the Development Authority. (b) Additions to existing structures within setback requirements cannot be extended where further encroachment would occur without a relaxation. (c) Front yard setbacks for existing structures may be considered to be conforming, but no further encroachment may occur without a relaxation. (5) In addition to the regulations listed above, o ther regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. 116 2018.06.26 104 9294. HWY-C – Highway Commercial District Purpose To provide a range of essential services adjacent highways to serve the motoring public. Permitted Uses Discretionary Uses (a) Accessory Building (b) Automotive and Recreational Vehicle Sales and Rentals (c) Eating and Drinking Establishment (d) Farm and Industrial Equipment and Machinery Sales and Service (e) Gas Bar (f) Hotel (g) Motel (h) Personal Services (i) Public Utility Building (j) Retail Store (k) Service Station (k)(l) Sign (a) Accessory Use(s) (b) Agricultural Processing (c) Agriculture Tourism (d) Animal Shelter (e) Bulk Fuel Depot (f) Campground (g) Car/Truck Wash (h) Commercial Kennel (i) Commercial Storage (j) Conference Centre (k) Drive-Through Business (l) Equipment Rentals (m) Financial Service (n) Greenhouse, Commercial (o) Health Services Facility (p) Landscaping, Commercial (q) Liquor Sales (r) Market Garden (s) Meat Production (t) Motor Vehicle Servicing, Repair and Storage (u) Office (v) Portable Storage Container (w) Public or Quasi-public Use (x) Recreational, Minor (y) Recycling Collection Point (z) Recycling Depot (aa) Sign (bb)(aa) Truck Stop (1) Subdivision Regulations (a) Minimum Lot Area: 1 acre (0.4 ha); may need a bigger minimum to meet Highway setback 117 2018.06.26 105 (b) Minimum Lot Width: 30.5 m (100 ft.) (2) Development Regulations Maximum(a) Lot Coverage: Sixty Percent (60%) Maximum(b) Height of any Principal or Accessory Structure 12.0 m (39.4 ft.) (3) Siting Regulations (a) Minimum Yard, Front Setback adjacent to a Highway without a service Road, or as required by Alberta Transportation: 41.1 m (135 ft.) (b) Minimum Yard, Front Setback adjacent to a Highway with a service Road, or as required by Alberta Transportation: 7.6 m (25 ft.) (c) Minimum Yard, Side Setback: 1.5 m (5 ft.) (d) Notwithstanding Subsection (3)(c), where a Lot is adjacent to a residential district, the minimum Yard, Side Setback shall be 9.1 m (30 ft.). (e) Notwithstanding Subsection (3)(c), a Lot having no direct vehicular access to the Yard, Rear shall maintain one Yard, Side Setback of a least 3.0 m (10 ft.). (f) Minimum Yard, Rear Setback: 6.1 m (20 ft.) (4) Special Requirements (a) The exterior finish shall be brick, stucco, wood, metal, or other siding to the satisfaction of the Development Authority. (b) Highway commercial development in the rural areas shall be limited to those developments, which intend to provide goods and services to the general traveling public. (c) Proposals should be evaluated to ensure that: i. the development is located adjacent to a major transportation route; ii. the development provides suitable accesses/engineered service roads so as not to interfere with traffic, or create a hazard to traffic as determined by the County and/or Alberta Transportation; and iii. the appropriate authorities approve the sewage disposal system and water system. (5) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. 118 2018.06.26 106 119 2018.06.26 107 9395. Local Rural Commercial Purpose To provide for commercial development within the County, including tourist uses which charge a fee. Permitted Uses Discretionary Uses (a) Accessory Building (b) Automotive and Recreational Vehicle Sales and Rentals (c) Eating and Drinking Establishment (d) Gas Bar (e) Personal Services (f) Public or Quasi-public Use (g) Public Utility Building (h) Retail Store (i) Service Station (i)(j) Sign (j)(k) Veterinary Clinic (a) Accessory Use(s) (b) Agricultural Processing (c) Agricultural Tourism (d) Animal Shelter (e) Auction Mart (f) Auction Mart, Livestock (g) Brewery/Distillery & Sales (h) Bulk Fuel Depot (i) Campground (j) Car/Truck Wash (k) Commercial Kennel (l) Commercial Storage (m) Drive-Through Business (n) Equipment Rentals (o) Farm and Industrial Equipment and Machinery Sales and Service (p) Financial Service (q) Greenhouse, Commercial (r) Health Services Facility (s) Hotel (t) Housing, Employee (u) Landscaping, Commercial (v) Liquor Sales (w) Market Garden (x) Motel (y) Motor Vehicle Servicing, Repair & Storage (z) Office (aa) Portable Storage Container (bb) Recreational, Minor (cc) Recycling Collection Point (dd) Recycling Depot (dd)(ee) Special Events Rental Barn (ee) Sign Formatted: Font: Not Bold 120 2018.06.26 108 (ff) Veterinary Clinic (gg)(ff) Veterinary Hospital (hh)(gg) Warehousing (1) Subdivision Regulations (a) Minimum Lot Area: 1 acre (0.4 ha) (b) Minimum Lot Width: 30.5 m (100 ft.) (2) Development Regulations (a) Maximum Lot Coverage: Sixty Percent (60%) (b) Maximum Height of any Principal or Accessory Structure: 12.0 m (39.4 ft.) (3) Siting Regulations (a) Minimum Yard, Front Setback from the rights-of-way of Roads other than primary Highways: 30.5 m (100 ft.) (b) Minimum Yard, Front Setback from Primary Highways: as required by Alberta Transportation (c) Minimum Yard, Side Setback: 7.6 m (25 ft.) (d) Minimum Yard, Rear Setback: 7.6 m (25 ft.) (4) Parking (a) Onsite parking requirements shall be determined by the Development Authority based on the evaluation of each individual application. (5) Special Requirements (a) The exterior finish of any building shall be brick, stucco, wood, metal, or other siding to the satisfaction of the Development Authority. (b) Re-designation 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 re -designation purposes where subdivision is required to legally establish the property boundaries. If the subdivision is approved, the dimensions of the re -designation parcel will automatically conform to the subdivision parcel, irrespective of dimensions otherwise approved. – Add as general statement (6) For development in the Local Rural Commercial District, the following criteria shall apply to each application: (a) The development shall be located adjacent to a county gravel or higher -grade road. (b) Unless otherwise approved by the Development Authority, the access location shall be located at least 457 m (1500 ft.) is this necessary or too restrictive from the intersection of the road with any other road, with the exception of a Formatted: Highlight Formatted: Highlight Formatted: Highlight 121 2018.06.26 109 primary highway (measured along the edge of the road, closest to the Property Line). (c) The development shall be located at least 0.8 km (0.5 miles), too great of distance ?from any highway. If multiple enterprises are included in one site an outline plan or Area Structure Plan will be required. (d) The development shall have 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 Kneehill County’s current road building policy. (f) The appropriate authorities shall approve the sewage disposal system and water system. (g) If required by the Development Authority, the development shall also obtain approval from Council under the Public Events Bylaw for specific events. (7) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. Formatted: Highlight Formatted: Highlight 122 2018.06.26 110 9496. Light Industrial Purpose To provide for a wide range of low intensive industrial and commercial land uses in the rural areas, which are easily accessible. Permitted Uses Discretionary Uses (a) Accessory Building (b) Automotive and Recreational Vehicle Sales and Rentals (c) Farm and Industrial Equipment and Machinery Sales and Service (d) Industrial Manufacturing/Processing (e) Public Utility Building (f) Service Station (f)(g) Sign (g)(h) Veterinary Clinic (a) Abattoir (b) Accessory Use(s) (c) Agricultural Processing (d) Agricultural Support Services (e) Auction Mart (f) Auction Mart, Livestock (g) Bulk Fuel Depot (h) Car/Truck Wash (i) Commercial Storage (j) Drive-through Business (k) Eating and Drinking Establishment (l) Equipment Rentals (m) Gas Bar (n) Hazardous/Noxious Uses (o) Housing, Employee (p) Meat Production (q) Motor Vehicle Servicing, Repair & Storage (r) Office (s) Outdoor Storage Facility (t) Portable Storage Container (u) Public or Quasi-public Use (v) Recycling Collection Point (w) Recycling Depot (x) Sign (y)(x) Veterinary Hospital (z)(y) Warehousing (aa)(z) Wrecking Yard (1) Subdivision Regulations (a) Minimum Lot Area: 1 acre (0.4 ha) (b) Minimum Lot Area Width 30.5 m (100 ft.) (2) Development Regulations Formatted: Font: Not Bold 123 2018.06.26 111 (a) Minimum Gross Floor Area for Housing, Employee: 74 m² (800 ft.²) (b) Minimum Gross Floor Area for Other uses: at the discretion of the Development Authority (c) Maximum Lot Coverage: Sixty Percent (60%) (d) Maximum Height of any Principal or Accessory Structure 12.0 m (39.4 ft.) (3) Siting Regulations (a) Minimum Yard, Front Setback from the rights-of-way of a primary highway or as required by Alberta Transportation: 41.1 m (135 ft.) (b) Minimum Yard, Front Setback from the rights-of-way of a Road other that a primary Highway: 30.5 m (100 ft.) (c) Minimum Side Yard Setback: 7.6 m (25 ft.) (d) Minimum Yard, Rear Setback: 7.6 m (25 ft.) (4) Landscaping Requirements (a) Notwithstanding requirements listed in Part IX, Landscaping, fencing and Screening, a minimum 3.0 m (10 ft.) wide landscaped buffer shall be provided along the rear and side parcel boundaries adjacent any residential land use. Landscaping shall be provided to the satisfaction of the Development Authority and shall include construction of a 1.8 m (6 ft.) solid fence or wall and the planting of trees and may include the planting of shrubs and/or other vegetation and the construction of a landscaped berm. (b) Notwithstanding (a) above, at the discretion of the Development Authority, screening may be provided along the rear and side parcel boundaries adjacent to non-industrial use land uses and may include the construction of a 1.8 m (6 ft.) tall solid screened fence and the planting of trees, shrubs and other vegetation. (c) Landscaping requirements within the front yard shall be at the discretion of the Development Authority. (d) Landscaping must not impede the Sight Triangle of intersections of roads and approaches as per Section 34. (5) Special Requirements for 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. 124 2018.06.26 112 (b) Rural industrial parks (3 or more lots) 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. (6) In considering subdivision or development permit applications for industrial uses adjacent to existing residential developments, the Development Authority may impose conditions addressing: (a) The provision of proper services and access to the site; (b) Aesthetics; (c) The control of signage; (d) The control of noise; (e) A development agreement, with the need to provide security; and (f) Any other issue deemed necessary by the Development Authority. (7) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. 125 2018.06.26 113 9597. Industrial District Purpose To provide for a wide range of industrial uses suitable for rural areas. Permitted Uses Discretionary Uses (a) Abattoir (b) Accessory Building (c) Agricultural Processing (d) Agricultural Support Services (e) Auction Mart (f) Auction Mart, Livestock (g) Automotive and Recreational Vehicle Sales and Rentals (h) Bulk Fuel Depot (i) Car/Truck Wash (j) Commercial Storage (k) Drive-through Business (l) Farm and Industrial Equipment and Machinery Sales and Service (m) Gas Bar (n) Industrial Manufacturing/Processing (n)(o) Office (o)(p) Portable Storage Container (p)(q) Public Utility Building (r) Service Station (q)(s) Sign (a) Accessory Use(s) (b) Commercial Aquaculture (c) Compost Facility, Commercial (d) Eating and Drinking Establishment (e) Equipment Rentals (f) Hazardous/Noxious Uses (g) Housing, Employee (h) Medical Cannabis Production Facility as per Section 61 (i) Natural Resource Extractive Industry (j) Office (k)(j) Outdoor Storage Facility (l)(k) Public or Quasi-public Use (m)(l) Recycling Collection Point (n)(m) Recycling Depot (o) Sign (p)(n) Waste Management Facility, Major (q)(o) Waste Management Facility, Minor (r)(p) Wind Energy Conversion System (s)(q) Wrecking Yard (1) Subdivision Regulations (a) Minimum Lot Area: 1.0 ac (0.4 ha) (2) Development Regulations (a) Minimum Gross Floor Area for Housing, Employee: 74 m² (800 ft.²) (b) Minimum Gross Floor Area for Other uses: at the discretion of the Development Authority. (c) Minimum Density: 1 lot per quarter section. (3) Siting Regulations (a) Minimum Yard, Front Setback from 41.1 m (135 ft.) Formatted: Font: Not Bold Formatted: Not Highlight Formatted: Not Highlight 126 2018.06.26 114 the rights-of-way of a primary highway or as required by Alberta Transportation: (b) Minimum Yard, Front Setback from the rights-of-way of a Road other than a primary Highway. 30.5 m (100 ft.) (c) Minimum Yard, Side Setback 7.6 m (25 ft.) (d) Minimum Yard, Rear Setback 7.6 m (25 ft.) (4) Landscaping Requirements (a) Notwithstanding requirements listed in Part IX, Landscaping, Fencing and Screening, a minimum 3.0 m (10 ft.) wide landscaped buffer shall be provided along the rear and side parcel boundaries adjacent any residential land use. Landscaping shall be provided to the satisfaction of the Development Authority and shall include construction of a 1.8 m (6 ft.) solid screened fence or the planting of trees and may include the plantin g of shrubs and/or other vegetation and the construction of a landscaped berm. (b) Notwithstanding Subsection (4)(a) above, at the discretion of the Development Authority, screening may be provided along the rear and side parcel boundaries adjacent non-industrial use land uses and may include the construction of a 1.8 m (6 ft.) tall solid screened fence and the planting of trees, shrubs and other vegetation. (c) Landscaping requirements within the front yard shall be at the discretion of the Development Authority. (d) Landscaping must not impede Sight Triangle of intersections of roads and approaches as per Section 34. (5) Parking (Minimum Standards) (a) Parking requirements shall be determined by the Development Authority based on the evaluation of each individual application. (6) Special Requirements for 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 (containing 3 or more lots) 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. 127 2018.06.26 115 (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. (7) In considering subdivision or development permit applications for industrial uses adjacent existing residential developments, the Development Authority may impose conditions addressing: (a) Providing proper services and access to the site; (b) Screening, aesthetics and landscaping; (c) Control of signage; (d) Noise control; (e) A development agreement, with the need to provide security; and (f) Any other issue deemed necessary by the Municipal Planning Commission. (8) Special Requirements (a) All outdoor storage shall be adequately screened from adjacent sites to the satisfaction of the Development Authority. (9) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. 128 2018.06.26 116 9698. Recreation District Purpose The purpose and intent of this district is to provide for a broad range of rural recreational uses. Permitted Uses Discretionary Uses (a) Accessory Building (b) Housing, Employee (c) Museum (d) Natural Science Exhibits (e) Public or Quasi-public Use (f) Public Utility Building (g) Recreational, Minor (g)(h) Sign (h)(i) Tourist Information Services and Facilities (a) Accessory Use(s) (b) Campground (c) Country Recreational Lodge (d) Eating and Drinking Establishment (e) Golf Course (f) Portable Storage Container (g) Private Recreational Facility (i)(j) Recreational, Major (j)(k) Recreational Resort (h) Recreational Trails (i) Sign (1) Subdivision Regulations (a) Minimum Lot Area: 1.0 ac (0.4 ha) is this large enough (2) Development Regulations (a) Minimum Gross Floor Area for Housing, Single-Detached: 74 m² (800 ft.²) smaller to allow an RV (b) Minimum Gross Floor Area for other uses at the discretion of the Development Authority. (3) Siting Regulations (a) Minimum Yard, Front Setback from the rights-of-way of a primary highway or as required by Alberta Transportation: 41.1 m (135 ft.) (b) Minimum Yard, Front Setback from the rights-of-way of a Road other than a primary Highway: 30.5 m (100 ft.) (c) Minimum Yard, Side Setback 7.6 m (25 ft.) (d) Minimum Yard, Rear Setback: 7.6 m (25 ft.) (4) Recreation Trails Formatted: Highlight Formatted: Highlight 129 2018.06.26 117 (a) The Development Authority shall consider development permits for recreational trails on lands designated as Recreation District and shall be accompanied with a comprehensive plan, written to the satisfaction of the Development Authority, including but not limited to the following: i. access to the site and adjacent lands; ii. signage; iii. garbage disposal; iv. range of activities; v. maintenance; vi. insurance and liability; and vii. public safety. (b) No permits will be issued until the Development Authority is satisfied that these issues have been addressed. (c) The Development Authority may refer any development permit application for recreational trails or development concerning abandoned railway rights-of- way to the relevant federal and provincial government departments for comment. (d) If the Development Authority has a concern regarding the environmental impact of a proposed recreational trail or development in abandoned railway rights-of-way, the Development Authority may require the applicant to provide an Environmental Impact Assessment or report prepared by a qualified professional in a form satisfactory to the Development Authority. (5) Special Requirements (a) The area designated Recreation District shall be only that portion of the site proposed for recreation development. (6) Campground/RV Park: (a) Development permit applications for a campground/RV park shall be accompanied with a comprehensive plan, written to the satisfaction of the Development Authority, including but not be limited to the following: i. a fully dimensioned and scaled comprehensive site plan that includes the following information:  total area of the campground/RV park;  park boundary lines;  locations of all proposed buildings, including sizes and uses, road accesses, proposed campground/RV sites, roads and laneways, 130 2018.06.26 118 parking areas, landscaping, including the number and type of trees and shrubs proposed; ii. detailed building plans, including building elevations; and iii. detailed servicing plan including drainage and grading. (7) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. 131 2018.06.26 119 9799. MH – Manufactured Home District Purpose: To provide an area for, and to regulate, the development and use of land for manufactured homes, and other uses, herein listed, which are compatible with a residential area, either on separately registered parcels or in comprehensively designed parks wherein sites are rented or owned as part of a condominium. The area must be connected to municipal sewer and water systems. For the purpose of this District, the following definitions apply: "Lot" means the total area of land reserved for the placement of an individual manufactured home and for the exclusive use of its occupant(s); and "Structure" means a subordinate building which is an addition to, or supplements the facilities provided by a manufactured home, such as awnings, storage structures, carports, porches and skirting. Permitted Uses Discretionary Uses (a) Accessory Building (b) Home Occupation, Minor (c) Housing, Manufactured - Type 1 (d) Housing, Manufactured - Type 2 (e) Park (f) Housing, Park Model (a) Portable Storage Container (b) Public or Quasi-public Use (c) Public Utility Building (d) (1) New Manufactured Home Park Development Requirements (a) Comprehensive Siting Plan: i. A comprehensive siting plan satisfactory to the Development Authority is required for all manufactured home parks. The plan shall identify and provide detail regarding dimensions and treatments for the following: a. Entire site and individual “lots” b. Roads c. Walkways d. Recreation areas e. Storage areas f. Parking areas g. Perimeter landscape area 132 2018.06.26 120 (b) Maximum Gross Density is 17 manufactured homes per hectare (7 per acre) (c) Minimum Park Area is 2 hectares (4.9 acres) (d) Maximum Park Area is 4 hectares (9.9 ac) (e) Minimum Lot Area: i. Interior parcels 375 m² (4,036 ft2.) ii. Corner Parcels 420 m² (4,520 ft.2) (f) Maximum Lot Coverage is 50%. (g) Minimum Yard Requirements for New Housing, Manufactured “lots” shall be at least: i. 4.5 m (15 ft.) from one another; ii. 6.1 m (20 ft.) from any Manufactured Home Park boundary; iii. 3.0 m (10 ft.) from any side internal access road or common parking area; iv. 6.1 m (20 ft.) from the front lot line; v. 1.5 m (5.0 ft.) from any side lot line; vi. 4.5 m (15 ft.) from the rear lot line; and vii. Attached structures shall be at least 1.5 m (5 ft.) from any lot line. (h) Minimum Yard, Front Setback: 41.1 m (135 ft.) from a Highway. (unless otherwise permitted from Alberta Transportation) (i) Minimum Yard, Front Setback: 30.5 m (100 ft.) from a Road. (unless otherwise permitted by Development Authority) (j) Minimum Manufactured Home Gross Floor Area is 74 m² (800 ft.²) (k) Minimum Manufactured Home Width is 4.27 m (14 ft.). typical? (l) Maximum Height is 4.9 m (16 ft.). typical? (m) Recreation Area: i. A minimum of 5% of the total area of a manufactured home park shall be set-aside in a suitable location as a recreation area. Playground apparatus or other recreation facilities shall be provided in accordance with a recreation site plan approved by the Development Authority. (n) Landscaped Areas: i. All areas of a manufactured home park not developed or occupied by park roads, walkways, driveways, parking aprons, buildings or other developed facilities, including paved playgrounds, shall be landscaped. Formatted: Highlight Formatted: Highlight 133 2018.06.26 121 ii. A manufactured home park shall have on its perimeter a landscaped area not less than 3.0 m (10 ft.) in width between any manufactured home lot and a boundary line of the development. This buffer shall not comprise part of the 5% recreation area requirement. iii. The Development Authority may require the provision of a screening fence or wall within the 3.0 m (10 ft.) perimeter. iv. The height, material, style, finish and siting of the fence / wall shall be to the satisfaction of the Development Authority. (o) Roadways: i. All manufactured home park roadways shall have at least a 12 m (39.4 ft.) rights-of-way and a carriageway traffic lane no less than 8 m (26.2 ft.) in width. (p) Walkways: i. Internal pedestrian walkways, where provided, shall be a minimum of 1.5 m (5 ft.) in width. (q) Storage Areas: i. Common storage areas, separate from the manufactured home lot, shall be provided for storage of seasonal recreational equipment not capable of storage on the manufactured home lot. Such storage areas shall be screened and shall have an area of not less than 20 m² (215 ft.²) per manufactured home lot. (r) Utilities: i. All utility services and all utility wires and conduits shall be installed underground. (s) Fences and Lot Lines: i. Fences and hedges shall be allowed only if they are erected and maintained by the manufactured home park operator to a uniform standard throughout the manufactured home park. All lot lines shall be clearly defined on the ground by permanent flush stakes, or markers, with a lot number or other address system. (t) Building Design: i. All manufactured homes shall be factory built. Skirting or any attached structure shall be factory built with matching exterior finish, or be of durable all-weather construction and designed in a manner that will enhance the appearance of the manufactured home development. Each manufactured home shall be leveled, blocked and skirted, and the hitch skirted within 30 days of being placed on a lot. (u) Development Permits: 134 2018.06.26 122 i. All manufactured homes in a manufactured home park require a development permit. (2) In addition to the regulations listed above, other regulations may apply. These include Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations. 135 2018.06.26 123 98100. Direct Control District Purpose The purpose of these Districts is to provide for the development of land uses under individually unique circumstances requiring site-specific controls where the application of conventional land use Districts would be inappropriate or inadequate. (1) Uses (a) In approving a Bylaw for a Direct Control District for a particular site, Council shall specify those uses that may be allowed. (2) Development Standards (a) In approving a Bylaw for a Direct Control District for a particular site, Council shall establish the development standards that apply. (3) Administrative Provisions (a) This District shall only be applied where the following conditions are met: i. The development is, in the opinion of Council, considered appropriate for the site having regard for the policies and objectives of any statutory plans applicable to the site and surrounding area and its compatibility with the scale and character of surrounding development; or ii. The use of any other District on the site would, in the opinion of Council, result in potential conflicts with existing or future surrounding developments, should the full development potential of such district be utilized; and or iii. The development is of a unique form or nature not contemplated or reasonably regulated by another District. (b) In addition to the information required by this Bylaw for an amendment application, the applicant shall also provide the following: i. Support rationale explaining why the proposed district is desirable for the site having regard for the conditions listed in (1) above; ii. A list of uses proposed for the site; iii. An explanation of the methods used to obtain public input and written documentation of the opinions and concerns of surrounding property owners and residents and how the proposed development responds to those concerns; 136 2018.06.26 124 iv. Plans and elevations that would help substantiate the need for the District and establish the development standards that would apply to the site; and v. Any other information as may be required by the Development Authority to evaluate the proposed development and its potential impacts. (c) In approving a Bylaw for a Direct Control District for a particular site, Council may specify: i. The Development Authority for those uses to be decided upon; and ii. Those development standards for which a variance may be granted. (4) Special Requirements (a) Unless otherwise specified by a specific Direct Control District, or by Council, or its delegate, the regulations of Part VII – General Land Use Regulations, Part VIII – Specific Land Use Regulations, Part IX – Landscaping, Fencing and Screening, Part X – Parking and Loading Regulations, and Part XI – Sign Regulations shall apply. (b) Council may, as part of its decision making process, require that an opportunity be provided for public review of a proposal within a Direct Control District. (c) The Municipal Planning Commission shall review development proposals within a direct control district and provide comments and recommendations that will be forwarded to Council. (d) Subdivision applications in a direct control district shall be referred to Council for review and recommendation as part of the Subdivision Authority’s decision- making process. 137 2018.06.26 125 PART XIII – DEFINITIONS 138 2018.06.26 126 PART XIII - DEFINITIONS A “Abattoir” means a premise where livestock is slaughtered and the meat is cut, cured, smoked, aged, wrapped, or frozen for distribution. “Accessory” means a use, separate building or structure that is subordinate to, exclusively devoted to, permitted only in conjunction with and located on the sam e site as the principal use, building, or structure. “Accommodation Unit” means one or more rooms that provide sleeping accommodation and bathroom facilities for not more than two persons, but is not equipped with self -contained cooking facilities. “Act” means the Municipal Government Act, RSA 2000, c M-26, as amended. “Adult Care Residence” means a residential building with two or more accommodation units designed to provide long term housing wherein adult residents, who because of their circumstances cannot or do not wish to maintain their own households, are provided with meal services and may receive such services as housekeeping and personal care assistance. “Agricultural Building” means a building that: (a) is built to building code and safety code standards; (b) does not contain a residential occupancy; (c) is located on land used as a farm, or is designated for agricultural use and directly supports the primary farm operation; (d) has a low occupant load; (e) is not used or occupied by, or expected to be used or occupied by, the public or persons other than the farmer or farmers that own the building, their immediate family, and/or their employees, that may be in the building from time to time; (f) does not include Legal Medical Marijuana Production Facilities; (g) may be used for housing livestock; (h) may be used for storing, sorting, grading or bulk packaging primary agricultural products; and (i) may be used for storing or maintaining machinery associated with the operation of the farm on which it is located. 139 2018.06.26 127 “Agriculture, Extensive” means 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, but does not include. “Agricultural Processing” means an agricultural business operation that includes the use of land or a building for the upgrading of a product for distribution or for sale that is originally produced in an agricultural operation, but does not include an abattoir or medical marijuana production facility. “Agricultural Support Services” means the use of land, buildings and structures for the purpose of supply of goods, materials or services directly related to the agricultural industry. Without restricting the generality of the foregoing, this shall include the sale and storage of seed, feed, fertilizer, chemical products, fuel, and agricultural machinery and may include such facilities as grain terminals, feed mills, seed cleaning plants, and bulk fertilizer storage and distribution plants. Does not include Hazardous/Noxious Uses. “Agricultural Tourism” means a use or building that provides for tourism ventures related to agriculture. “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. "Airstrip" 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 e quipment in connection therewith. “Alternative Energy System” means any system that harnesses natural elements such as wind, solar, water (including rainwater) or geothermal sources to generate electrical, thermal or mechanical energy and does not utilize any form of non-renewable resources. The use of rainwater for irrigation and watering of plants is not included in this definition. “Animal Shelter” means a use for the temporary accommodation, care, or impounding of small animals and livestock within an enclosed building which may include indoor animal grooming, training, and daycare, but does not include commercial kennels, or veterinary hospital/clinics. “Arable Land” means land within the Canada Land Inventory (CLI) capability for Agriculture classifications 1 through 3 (no/moderate/moderate to severe limitations) and/or a Farmland Assessment rating (FAR) of 41% which is being used for crops. “Area Structure Plan” means a statutory plan, adopted by Council pursuant to the Municipal Government Act, providing a framework for subsequent subdivision and development of an area. “Auction Mart” means a parcel and/or building used for the temporary storage of goods, excluding animals / livestock, which are sold on the premises by public auction from time to time. 140 2018.06.26 128 “Auction Mart, Livestock” means a parcel and/or building used for the temporary storage of goods, including animals / livestock, which are sold on the premises by public auction from time to time. "Automotive and Recreational Vehicle Sales and Rentals" means a place where motor vehicles and recreational vehicles are sold or leased and where vehicles may only be displayed or stored on portions of the site approved exclusively for storage or display. “Awning” means a roof-like covering of canvas or similar fabric material, which may or may not be retractable, projecting from and being entirely supported from the exterior wall of a building. The projection of awnings into required Setbacks is regulated in Section 40. “Auxiliary Dwelling Unit” means a separate and accessory dwelling unit. The auxiliary dwelling unit shall be contained within a detached principal dwelling unit. An auxiliary dwelling unit located within a detached principal dwelling unit must have a separate entrance from the principle building, either from a common indoor landing or directly from the exterior of the building. B “Balcony” means an unenclosed outdoor seating platform, projecting from the face of a wall, cantilevered or supported by columns or brackets and usually surrounded by a balustrade or railing. “Bare Parcel” means a parcel containing no servicing or buildings or structures. “Basement” means that portion of a building which is partly underground but which has two feet of its height from finished floor to finished ceiling above the adjacent Finished Grade. “Bed and Breakfast Establishment” means the use of sleeping units either attached to or part of a single-detached dwelling for the temporary accommodation of the travelling public for remuneration, and may include serving meals to guests. “Better Agricultural Land” means Canada Land Inventory Capability for Agriculture classifications 1 to 3 and/or a Farmland Assessment Rating (FAR) of 41 percent or more. These ratings are subject to confirmation by detailed site and soil investigation and interpretation by the Development Authority. “Boarding or Lodging House” means a building where meals are served for remuneration or rooms are rented to not more than four persons, not including the proprietor and his immediate family, but does not include a hotel, motel, or other similar use. Billeted housing for students is exempt. “Borrow Pit” describes an area where material (usually soil, gravel or sand) has been dug-up and removed for use at another location. Borrow pits can be found close to many major construction projects. “Brewery” means a business where beer is commercially made. 141 2018.06.26 129 “Buffer” means a row of trees, shrub, or a berm, the construction of a fence or other barrier and/or the use of land base to create a visual screen and/or noise and nuisance attenuation for separation between sites, districts or public roadways and areas. “Building” includes anything constructed or placed on, in, over, or under land, but does not include a highway or a road or a bridge that forms part of a highway or road. “Building Width” means the lesser of the two horizontal dimensions of a building or structure. "Bulk Fuel Depot" means lands, buildings, and structures for the bulk storage and distribution of petroleum products. This may include key lock operations. “Building Demolition” means the pulling down, tearing down or raising of a building. C “Campground/RV Park” means a commercial recreational development for the purpose of providing temporary tourist 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 manufactured homes. “Cannabis” means a cannabis plant, any part of a cannabis plant, including the phytocannabinoids produced by, or found in, such a plant, regardless of whether that part has been processed or not, other than a part of the plant referred to in Schedule 2 of the Cannabis Act. Any substance or mixture of substances that contains or has on it any part of such a plant. Any substance that is identical to any phytocannabinoid produced by, or found in, such a plant, regardless of how the substance was obtained. “Cannabis Accessory “ means (a) a thing, including rolling papers or wraps, holders, pipes, water pipes, bongs and vaporizers that is represented to be used in the consumption of cannabis or a thing that is represented to be used in the production of cannabis; or (b) a thing that is deemed to be represented to be used in the consumption of cannabis or the production of cannabis providing that a thing is commonly used in the consumption or production of cannabis if that thing was sold at the same point of sale as cannabis. “Cannabis Infused Edible” means any edible food product (liquid or solid) that contains cannabinoids, especially tetrahydrocannabinol (THC). “Cannabis License” means a license under this Act that authorizes the purchase, sale, transport, possession, storage or use of cannabis. “Cannabis Oil” means an oil, in liquid form at room temperature of 22 +/- 2oC, that contains cannabis in its natural form. Formatted: Normal Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Normal 142 2018.06.26 130 “Cannabis Recreational Production Facility” means a facility/use where cannabis is grown, processed, packaged, tested, destroyed or stored. “Cannabis Retail Sales” means a retail store, licensed by the Province of Alberta, where non-medical Cannabis and Cannabis accessories are sold to individuals who attend the premises. “Cannabis Supplier” means a person who holds a license under the federal Act that authorizes the person to produce cannabis for commercial purposes or to sell cannabis to the Commission. “Cargo-tecture Homes” any home or building built entirely or partially from ISO shipping containers. "Car/Truck Wash" means the provision of facilities, including a central water supply for washing vehicles. "Cemetery" means land that is set apart or used as a place for the internment of the dead or in which human bodies, pets, and/or animals or cremated remains have been buried. “Clustered Farm Dwellings” means one or more detached dwellings, duplexes or multiple family dwellings and such other structures and uses which are associated with the day-to-day operation of a religious colony, including farm buildings as part of an agricultural operation, home occupation, churches and schools, and which are located on a contiguous farm unit of at least 640 acres (256 ha) in size upon which Agricultural uses are actively undertaken. “Commercial Aquaculture” means the production and marketing of fresh-water fish in compliance with both federal and provincial legislation and may include extensive or intensive production practices. “Commercial Kennel” means a use which may include outdoor runs, pens or enclosures to conduct a commercial business involving the buying, selling, breeding for sale, letting for hire, boarding or training of dogs; including animal shelters but does not include a veterinary hospital or clinic. "Commercial Storage" means a use in a building or group of buildings providing lockers available for rent to the public for the indoor storage of personal goods. “Community Hall” – see public or Quasi-public use “Compost Facility” means a development used to collect and process organic matter into compost and may include the storage of non-composted organic matter, sorting and packaging facilities and sales of compost, but does not include a manure storage facility as defined in the Agricultural Operation Practices Act. “Conference Centre” means an establishment used for the holding of meetings, conventions, seminars, workshops, product and trade shows, or similar activities, and may include dining and lodging facilities for the use of participants, as well as compatible accessory facilities. Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Normal 143 2018.06.26 131 “Confined Feeding Operation” (CFO) means fenced or enclosed land or buildings where livestock are confined for the purpose of growing, sustaining, finishing or bre eding by means other than grazing and any other building or structure directly related to that purpose. A CFO does not include residences, grazing livestock operations, seasonal feeding and bedding sites, equestrian stables, auction markets, racetracks or exhibition grounds. A CFO must meet the requirements of the Agricultural Operation Practices Act (AOPA) and associated regulations through the administration of the Natural Resources Conservation Board (NRCB). “Contractor, General” means development used for industrial service support and construction. Typical uses include oilfield support services, laboratories, cleaning and maintenance contractors, building construction, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or similar services of a construction nature which may require on-site storage space for materials, construction equipment or vehicles normally associated with the contractor service. Any sales, display, office or technical support service areas shall be accessory to the principal general contractor use. “Contractor, Limited” means development used for the provision of electrical, plumbing, heating, painting, catering and similar contractor services primarily to individual households and the accessory sales of goods normally associated with the contractor services where all materials are kept within an enclosed building, and there are no accessory manufacturing activities or fleet storage of more than four vehicles. No outside storage of materials shall be permitted as part of contractor, limited use. “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 center which provides for the short-term or occasional lodging and boarding of patrons and may include a guest ranch, dude ranch or similar development with a central services building with or without guest cottages, and camping and including accessory facilities or other services operated incidentally only as a service to the principal use and intended for patrons of the recreational development, but excluding motels, hotels, or the use of lodging facilities for permanent habitation or residence other than caretaker purposes. “County” means Kneehill County “Creative Architecture” means a development that is original, innovative, or a uniquely designed structure or building created with regard for aesthetic effect. These developments include, but are not limited to Tiny Homes, Cargo-tecture Homes and Grain Bin Homes. D “Day Care Facility, Major” means a use that provides temporary care and supervision for seven or more children according to the Alberta Child Care Licensing Act. 144 2018.06.26 132 “Day Care Facility, Minor” means the use of a dwelling unit for the care of not more than six children according to the Alberta Child Care Licensing Act. “Deck” means an outdoor seating area supported by the ground being more than 0.6 m above Finished Grade with no walls except for privacy partitions and railings. The projection of decks into required setback is regulated in Section 40, Projections into Setbacks. “Derelict Motor Vehicle” means any inoperative motor vehicle, which has all or part of its superstructure removed, or a motor vehicle, which is in a dilapidated or unsightly condition. “Detached Dwelling” see Housing, Single-Detached. “Development” means: (a) an excavation or stockpile and the creation of either of them; (b) a building or an addition to or replacement or repair of a building and the construction or placing of any of them on, in, over or under land; (c) a change of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building; or (d) a change in the intensity of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or buildings. “Development Authority” means a Development Authority established pursuant to the Municipal Government Act to exercise development powers and duties on behalf of the County, and may include one or more of the following: a designated officer(s); a Municipal Planning Commission; and/or any other person or organization. A Development Authority means the person or persons appointed pursuant to Bylaw 1340, as amended. “Development Officer” means a person appointed as Development Officer pursuant to this Land Use Bylaw. “Development Permit” means a document authorizing development issued under this Bylaw. “Discretionary Use” means those uses of land, buildings or structures for which development permits may only be issued at the discretion of the Development Authority following due consideration of the merits of the individual proposal. The proponent must demonstrate the use of a specific site within a particular district is compatible with adjoining land uses, complies with the intent of the standards for operation in that district, and is consistent with the Municipal Development Plan. “Distillery” means a place where alcoholic drinks are made by distillation. “Drive-Through Business” means an establishment with facilities for on-site service to customers who remain in their vehicles, but does not include cannabis, retail. Service station is a separate use. “Dugout” means the excavation of land that results in man-made features that entrap water and includes a private dam, excavation for a water supply, and/or excavation for general 145 2018.06.26 133 agricultural purposes, but does not include ornamental ponds designed for a depth shallower than one meter, storm water ponds, private lakes or lagoons for the purposes of processing wastewater. “Duplex” see Housing, Duplex. “Dwelling Unit” means a self-contained set of rooms capable of occupancy by one or more persons, including provisions for living, sleeping, cooking and sanitation; containing not more than one kitchen, with a direct entrance to the open air or to a common hallway or corridor, without passing through any other dwelling unit, and used or capable of being occupied as a permanent residence for one family. Does NOT include recreational vehicles, tents, buses, travel trailers, or other vehicles. E “Easement” means the right to use land generally for access to other property or as a right -of- way for a public utility. Easements must be registered on Title with one or more parcels. “Eating and Drinking Establishment” means a use where food and/or beverages are offered to the public for consumption within the Premises or off site. Typical uses i nclude, but are not limited to, restaurants, cafes, fast-food outlets, catering establishments, dairy bars, coffee shops, delicatessens, and licensed drinking establishments. Excludes, establishment for cannabis use. “Enforcement Officer” “Environmental Features of Importance” means those ecological or environmental factors that are listed as being of value in individual environmentally significant areas, as defined by the province and amended from time to time. “Environmental Impact Assessment” means a report prepared by a current member of the Alberta Professional engineers, Geologists, and Geophysicists of Alberta (APEGGA) that identifies, predicts, and assesses the effects or impacts that a proposed use or development is likely to have on the environme nt and may include recommended actions to remediate or minimize the effects or impacts. “Environmental Review” means a review of a proposed development within a defined geographic area prepared by a qualified environmental professional (QEP) that identifies and assesses the environmental significance and sensitivity of existing vegetation, wetlands and other water features, wildlife habitat and unique physical features. Recommendations on terms and conditions to be included in the development permit regarding the protection of the environmental features listed in the defined geographic area must be provided. Only those environmental features that are listed in the defined geographic area as being of importance to that location may be considered in an environmental review. For the purpose of this Bylaw the following levels of environmental review apply to this definition: 146 2018.06.26 134 (a) Basic Review for proposed developments listed in Section 24(e) whose potential impact on the environment is considered as having a chance of being moderate. A qualified environmental professional will conduct a desktop review evaluating potential impacts and mitigations to environmental features of importance. Once the basic review is completed and submitted to the County, a meeting may be required with a County representative to discuss the proposed project, issues of concern and recommendations for conditions of approval. (b) Full Review for proposed developments listed in Section 24(d) whose potential impact on the environment is considered as having a high chance of being significant. A report based on both desktop and field investigation, which considers the proposed development, and a more detailed analysis of potential effects and mitigation. In addition to the information used to prepare the basic review, it must include a site biophysical field investigation conducted by a qualified environmental professional during the appropriate season. It may include proposed development plans, identification of riparian areas, air photos, databases, and literature review. A Qualified Environmental Professional must undertake either basic reviews and/or full reviews. They both must specifically answer these three questions: 1. What are the environmental features of importance in the area potentially impacted by the proposed development or land use? 2. What are the reasonably foreseeable impacts on those environmental features of importance? 3. What actions or strategies are recommended to minimize negative impacts and maximize positive impacts? “Environmentally Significant Area (ESA)” means an area considered to have environmental features of importance to Kneehill County, as defined by the province, and as amended from time to time. “Equipment Rentals” means a use, which provides for the storage and rental of tools, appliances, office machines, furniture and construction equipment, but does not include the rental of motor vehicles. “Excavation” means to uncover (something) by digging away and removing the earth that covers it. “Existing” means existing as of the date of adoption of this Bylaw. “Extraction” means the action of taking out something, especially using effort or force. F “Farm and Industrial Equipment and Machinery Sales and Service” means the sales, rental, assembly, and servicing of farm and industrial type equipment and machinery. For clarity, this does not include sales of recreational vehicles (RVs). 147 2018.06.26 135 “Farm Gate Sales” means the sale of small quantities of farm products, which are produced within the same farming operation and lands in which the intended sale is to take place. Product sales shall take place during daytime hours. “Farmstead Separation” means a part of a parcel of land for an existing habitable dwelling, approved by the Subdivision Authority, and may include other improvements used in connection with an agricultural operation such as quonsets, grain bins, sheds, and ancillary structures such as corrals, dugouts, storage areas for farm machinery, equipment and products. “Feed Mills, Grain Elevators and Seed Cleaning” means facilities in which grains and/or animal feeds are prepared and/or stored during shipment to or from farms. “Fence” means a vertical physical barrier constructed out of typical building mate rial (wire, wood, plastic, or tubular steel) to prevent visual or unauthorized access or both. “Filling” means the import and placement of earth material (e.g. clay, sand, gravel) to a depression in the ground, likely caused by excavation, with the purpose of modifying grades, drainage, or to build up a site for development. This does not include the import of waste materials. “Financial Service” means a use provided by a bank, trust company, credit union, or related Business. “Finished Grade” means the elevation of the surface of the ground at any point on the site of a completed development. “First Parcel Out” means the first parcel to be subdivided from an un-subdivided quarter section. It is not necessary for a habitable residence to be located on the site. “Floodplain” means low-lying land next to a watercourse that is subject to periodic inundation (see figure below). A 1:100-year floodplain, which is the result of a flood having a 1 percent chance of being equaled or exceeded in any given year, is use d for purposes of development. In the absence of information that identifies the 1:100-year floodplain elevation, the best available information, as determined by a qualified professional able to perform flood hazard mapping study, must be used to establis h the historic high-water level for a water body. The floodplain can be divided into two zones once a flood hazard mapping study has been completed. “Floodway” means the area within which the entire design flood can be conveyed while meeting certain water elevation rise, water velocity and water depth criteria. Typically the floodway includes the river channel and some adjacent overbank areas. “Flood Fringe” means the land along the edges of the flood risk area that has relatively shallow water (less than 1 meter deep) with lower velocities (less than 1 meter/second). 148 2018.06.26 136 “Floor Area Ratio” means the figure obtained when the Gross Floor Area of all buildings on a parcel is divided by the area of the parcel. “Front Yard” see Yard, Front. “Funeral Home” means development used for the preparation of the deceased for burial, the provision of funeral services, and the purification and incineration of human remains. G “Garage” means a detached Accessory building or a portion of a Principal building used solely for the parking or temporary storage of private motor vehicles. “Gas Bar” means a facility where vehicle fuels, lubricant and fluids are sold to the public, but vehicle maintenance and repairs are not done. Service station is a separate use. “Geothermal Closed Loop System” means a system that circulates the fluid out through the ground and back through the heat pump in a continuous loop with high density PE pipe. “Geothermal Open Loop System” means a system that runs the domestic well water through it and discharges it somewhere. “Geothermal Energy” means a renewable source of energy that employs the use of a heat pump to warm or cool air by utilizing the constant temperatures of the earth. “Geothermal Energy Device” means a device or system of devices designed to collect, store and distribute thermal energy generated in the earth. “Golf Course” means the outdoor development designated for the playing of golf. Accessory uses include a pro shop, clubhouse, restaurant, licensed dining area, lounge, driving range and picnic area. “Grade” means the elevation at which the development and lowest point of the finished ground surface meet. 149 2018.06.26 137 “Grain Bin Structures” means any home or building built entirely or partially from metal grain bins. “Greenhouse” see Intensive Vegetative Operation. “Greenhouse, Private” means an accessory structure used for the raising of crops for private use. Medical marijuana production facilities are excluded from this definition “Gross Floor Area” means the greatest horizontal area of a building above grade within the outside surface of exterior walls or within the glass line of exte rior walls and the centerline of fire walls but not including the floor areas of basements, attached garages, sheds, open porches or breezeways. “Groundwater” means all water under the surface of the ground. “Guest Child Care Facility” means an accessory building or accessory use for the care, entertainment and supervision of children associated with the users of a principal use. H “Hamlet” means an unincorporated community as defined by the Municipal Government Act. ”Hazard Land” means lands which may be prone to flooding, shoreline erosion or slope instability hazards or any hazard that may result in life loss or injury, property damage, or environmental degradation and lands in proximity to water bodies and water courses with slopes greater than 10%. “Hazardous/Noxious Uses” means development used for manufacturing, fabricating, processing, assembling, storing, producing or packaging of goods, materials, or products where: (a) the use may be detrimental to public health, safety or we lfare beyond the boundaries of the site or parcel upon which it is situated; or (b) the use may be incompatible with residential or other development because of toxic gases, smells, wastes, noise, dust or smoke emission which are not confined to the site or parcel upon which the use is situated. This use includes: i. abattoirs, slaughterhouses and rendering plants, ii. forage manufacturing plants, iii. anhydrous ammonia storage facilities, iv. explosives storage or manufacturing facilities, v. fertilizer manufacturing plants, vi. gas processing plants, vii. petrochemical industries or refineries, 150 2018.06.26 138 viii. metal industries, which are involved in the concentration, refining, smelting, or resmelting of ores or metals, ix. administrative offices, warehousing, storage and wholesale distribution facilities associated with the above shall be treated as part of this use. “Waste disposal facility” and “Wastewater treatment plants” are separate uses. “Health Services Facility” means any facility intended to provide medical or dental services, including dental offices, doctor’s clinics, physiotherapy offices, optometrists and other similar uses. “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; and (c) the highest point in the case of a pitched, gambrel, mansard, or hipped roof. “Highway” means land used or surveyed for use as a public highway or road, and includes a bridge forming part of a public highway or road and any structure incidental to the public highway or road or bridge, subject to the direction, control and management of the Province. “Home Occupation, Major” means an occupation, trade, profession or craft carried on by a resident of a dwelling that is secondary to the residential use of the dwelling and may include the use of accessory buildings. It does not include a bed and breakfast establishment, a cannabis, retail or cannabis accessory establishment. “Home Occupation, Minor” means an occupation, trade, profession or craft carried on by a resident of a dwelling that is secondary to the residential use of the dwelling. The home occupation shall be wholly contained within the dwelling unit. It does not include a bed and breakfast establishment, a cannabis, retail or cannabis accessory establishment. “Honey processing” means the process to remove wax and any other foreign materials from honey. “Hotel” means use, which provides exclusively for the temporary accommodation of the travelling public for remuneration. Access to guestrooms is by way of interior corridors connected to a main lobby that contains a central check -in facility. A hotel may include a restaurant, banquet/meeting rooms, a retail store, drinking establishment, personal services, or Recreational, Minor or fitness center. “Housing, Apartment” means a building containing three or more dwelling units that share a common building entrance, internal hallway, stairs and other facilities such as laundry, garbage and common parking area. “Housing, Cluster” means the construction of more tha n one dwelling on a lot whereby the Dwellings are concentrated to specific areas on a lot to allow a portion of the lot to be used for recreation, open space, or preservation of natural, historical, cultural, or other 151 2018.06.26 139 similar type of amenity. A covenant limiting development on the remaining portion of the lot may be required by the County. “Housing., Cluster, Farm” means three or more dwelling units which are located on farm land where the dwellings shall be occupied by persons who are employed full time (f or at least six months of the year) in agricultural operations on the farm upon which the dwellings are located. “Housing, Duplex” means a building designed to accommodate two households living independently in separate dwelling units either side by side or above and below each other. “Housing, Employee” means a dwelling unit that is an accessory use, intended for occupation by an employee of the principal use, such as a caretaker, manager, or watchman. “Housing, Garden Suite” means a detached dwelling unit which is smaller than the principal dwelling and is located on the same lot in close proximity to the principal dwelling and shall constitute part of the total lot coverage. “Housing, Manufactured” means a residential building containing one dwelling unit built off- site in a factory in one or more sections, suitable for long term occupancy designed to be transported on either its own wheels and chassis or other means to a suitable site. “Housing, Manufactured - Type 1” means manufactured housing constructed to the CAN/CSA A277 (Modular Homes) standard, built in two or more sections to be assembled on a permanent foundation in accordance with the Alberta Building Code. “Housing, Manufactured - Type 2” means manufactured housing constructed to the CAN/CSA Z240 MH (Mobile Home) standard, capable of being moved from place to place and which conforms to the Alberta Building Code or the CSA Z240.10.1 standard including skirting. “Housing, Mixed Use” means dwelling unit(s) sharing a building with a commercial, retail or institutional use. The dwelling unit(s) may have a shared or separate entrance, however the entrance shall not be through the commercial space. This does not include a cannabis, retail or cannabis accessory establishment. “Housing, Single-Detached” means a detached building containing one dwelling unit. A Secondary Suite can be included in Housing, Single-Detached where specifically defined as an Accessory Use in this Bylaw. “Housing, Tiny” means a self-contained dwelling unit (either on wheels or a foundation) comprising of 500 ft2 or less. “Housing, Townhouse” means a building designed to accommodate more than two dwelling units where each dwelling shares a least one party wall, and each dwelling has a separate, but not necessarily at grade, access. Formatted: Highlight Formatted: Highlight 152 2018.06.26 140 I “Industrial, Light” means the use of land, buildings and/or structures for a n industrial activity that creates no adverse impacts beyond the boundaries of the site for which the associated activity takes place due to appearance, emission of contaminants, noise, traffic volume, odour and fire. No hazardous industrial use. “Industrial, Heavy” means the use of land, buildings and/or structures for an industrial activity that creates significant adverse impacts beyond the boundaries of the site for which the associated activity takes place due to appearance, emission of contaminants, noise, odour, traffic volume, fire explosive hazards or dangerous goods. “Industrial Manufacturing/Processing” means development principally associated with manufacturing, assembling, fabrication, processing and research/testing activities and includes other accessory uses related to or supportive of the manufacturing, processing or assembly activity, such as offices, storage areas, display areas, and limited sales of goods produced on site. “Intensive Vegetative Operation” means a system of tillage for the concentrated raising of specialty crops including, but not limited to tree farms, commercial greenhouses, plant nurseries, sod farms, and similar uses. Medical marijuana production facilities , recreation production and cannabis, retail are excluded from this definition. “Internal Access Road” means a private internal access allowance within a campground, manufactured home park, or medium density housing development, which is suitable for vehicular use. L “Lane” means a public road providing secondary access to one or more parcels. “Landscaping” means any combination of trees, bushes, plants, flowers, lawns, bark mulch, decorative boulders and gravel, decorative paving, planters, foundations, sculptures, fences, and the like arranged and maintained so as to enhance the appearance of a property, or where necessary, to effectively screen a lot, site or storage yard. Landscaping does not include parking areas, sidewalks, and un -cleared undergrowth or weed growth. “Licensed Dealer” has the same meaning as in Section 2 of the Narcotic Control Regulations. “Licensed Premises” is defined as the premises where cannabis is sold pursuant to a provincial cannabis license. “Licensed Producer” means a holder of a license issued under Section 35 of the Access to Cannabis for Medical Purposes Regulations (SOR/2016-230). “Liquor Sales” means for the wholesale or retail sale or distribution to the public of any and all types of alcoholic spirits or beverages as defined by the Alberta Liquor Control Act. Formatted: Font: 11 pt Formatted: Font: 11 pt, Not Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: 11 pt, Bold Formatted: Font: 11 pt 153 2018.06.26 141 “Livestock” means animals such as poultry, horses, cattle, bison, sheep, swine, goats, bees, llamas, fur bearing animals raised in captivity, and domestic cervids within the meaning of the Livestock Industry Diversification Act. “Lot” means: (a) a quarter section; (b) a river lot or settlement lot shown on an official plan, as defined in the Surveys Act, that is filed or lodged in the Land Titles Office; (c) a part of a parcel of land described in a certificate of title if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision, or (d) a part of a parcel of land described in a certificate of title if the boundaries of the part are described in the certificate of title by reference to a plan of subdivision. For the purposes of this Bylaw, the use of the terms lot, Parcel, and site shall be interchangeable within the context of this Bylaw. “Lot Area” means the total area within the Property Lines of a lot. “Lot Coverage” means the percentage of the Lot Area that may be built upon including Accessory buildings or structures and impervious surfaces. “Lot Depth” means the horizontal distance between the midpoints of the front and rear Property Lines. “Lot Width” means the horizontal distance of a Lot measured between the side Property Line at the minimum Yard, Front Setback 154 2018.06.26 142 M “Manufactured Home”, see Housing, Manufactured “Manufactured Home Park” means a parcel comprehensively designed, developed and operated to provide sites and facilities for the placement and occupation of Housing, Manufactured on a long-term basis. “Manure Management Plan” – A plan which outlines how the manure produced at a site will be handled in a way that ensures sufficient land is available for the application of the manure at rates not exceeding the nutrient levels that will be utilized by the crops. This plan may include, but not be limited to: Soil type & texture, site/field information, manure production rates, nutrient levels and manure application rates. “Marihuana (Marijuana)” means the substance referred to as “cannabis” (marihuana) in Item 1 sub-item (2) of Schedule II of the Controlled Drug and Substances Act, s.c. 1996 – c. 19, as amended and its successor. Formatted: Font: Bold 155 2018.06.26 143 “Market Garden” means the growing of vegetables or fruit for commercial purposes. This use includes an area for the display and sale of goods or produce grown or raised on site. Medical marijuana production facilities , cannabis, retail and cannabis accessory are excluded from this use. “Medical Marijuana Cannabis Production Facilityies” means a facility of one or more buildings used for the purposes of growing, labelling, packaging, testing, destroying, storing, researching and developing, shipping and receiving of medical Cannabis (marihuana) and cannabis oil by a licensed producer in natural, fresh, dry or processed form. This use does not include retail production sites, sales or a dispensary.means secured facilities licensed and regulated by Health Canada for the production and wholesale distribution of medical marijuana. “Mobile Home” see Housing, Manufactured – Type 2 “Motel” means a use which provides exclusively for the temporary accommodation of the travelling public for remuneration. Access to each guestroom is directly from the outside and the required parking is located at grade. Rooms may include bar or kitchen facilities. The motel may also include indoor or outdoor pools, a drinking establishment, and employee housing. “Motor Vehicle Racing Track” means a paved motor vehicle course or courses specifically designed, constructed and maintained for racing, testing and demonstrating motor vehicles and motorcycles. "Motor Vehicle Servicing, Repair and Storage" means a facility or area for the maintenance of motor vehicles and includes the supply and sale of fuels, oils, lubricants, tires and other parts and accessories and the storage and protection of vehicles, both indoors and i n secured and screened compounds. “Moved-in Building” means a building that has been assembled at and previously occupied or used on a site other than the site it is proposed to be moved on to, and which is to be moved more or less whole to the proposed location. A Moved-in Building may be any type of building that is listed as a permitted or discretionary use in any land use district, except Manufactured Housing Type 1 or 2. “Multi-Attached Dwellings” see Housing, Townhouse. “Municipal Development Plan” means a statutory plan adopted by Council pursuant to the Municipal Government Act, which contains policies for the future development and use of land in the Municipality. “Municipal Planning Commission” means the Municipal Planning Commission appointed by Council. “Municipality” means Kneehill County. N Formatted: Not Highlight Formatted: Not Highlight 156 2018.06.26 144 “Natural Resource Extractive Industry” means the extraction of natural resources such as clay, sand, gravel, limestone, coal, petroleum and other minerals, and may include primary treatment into a raw marketable form. “Natural Science Exhibits” means development for the preservation, confinement, exhibition or viewing of plants, animals and other objects in nature. Typical facilities would include zoos, botanical gardens, arboretums, planetariums, aviaries and aquariums. “Non-arable Land” means Canada Land Inventory (CLI) capability for Agriculture classifications 4 through 7 that contain severe limitations such as topography or inundation by streams or lakes, which restricts the use of the land for crop production. “Non-conforming Building” means a building: (a) that is lawfully constructed or lawfully under construction at the date a Land Use Bylaw affecting the building or the land on which the building is situated becomes effective, and (b) that on the date the Land Use Bylaw becomes effective does not, or when constructed will not, comply with the Land Use Bylaw. “Non-conforming Use” means a lawful specific use: (a) being made of land or a building or intended to be made of a building lawfully under construction at the date a Land Use Bylaw affecting the land or building becomes effective; and (b) that on the date the Land Use Bylaw becomes effective does not, or in the case of a building under construction will not, comply with the Land Use Bylaw. “Nuisance” means an activity or use that endangers personal or community health or safety and includes uses or activities that are out of character with the district in which they are situated resulting in noise, dust, odor, the excessive accumulation of junk or similar impacts that affect the use and enjoyment of neighboring properties. O “Office” means a use, which provides for the provision of professional, management, administrative or consulting services in an office setting. Typical uses include, but are not limited to, the offices of lawyers, accountants, travel agents, real estate and insurance firms, investment planners, clerical and secretarial agencies. This use does not include financial services as defined. “Off-Site Parking” occurs when parking for a place occurs off of the parcel on which that place is located. Usually, this means street side parking or parking in an allocated parking lot. “Ornamental Pond” means a man-made water feature created for landscaping purposes having a depth shallower than 1 m (3.28 ft.) but does not include storm water management facilities. More information on regulations around man-made water features can be found in Section 51, Dugouts & Man-made Water Features of this Bylaw. 157 2018.06.26 145 “Outdoor Storage Facility” means land and/or buildings used for the outdoor storage of goods and materials and may include the collection and distribution of goods and materials, excluding dangerous or hazardous goods and materials. May include a lumberyard. “Outline Plan” means a detailed Land Use plan for an area of land that is typically smaller than the land covered by an Area Structure Plan and which conforms to all Statutory Plans. An Outline Plan is adopted by resolution of Council, Pursuant to Part 17 of the Act, and is otherwise equivalent to a “Conceptual Scheme” as described in the Act. “Owner” means the person(s) registered under the Land Titles Act as the owner of the fee simple estate in land and, in respect of any other property other than land, the person in lawful possession of it. P “Parcel” means the aggregate of one or more areas of land described in a certificate of title or described in a certificate of title by reference to a plan filed or registered in a land titles office. “Park” means any public outdoor area or lot set aside specifically for passive or active recreation including tot-lots, playgrounds, walkways, trails, greenbelts, buffers, nature interpretation, environmental protection areas, and similar land uses. “Park Model” trailers, although considered recreational vehicles, are transportable and primarily designed for long-term or permanent placement at a destination where an RV is allowed. When set up, park models are connected to the utilities necessary to operate home style fixtures and appliances. “Patio” means any solid structure meant for support of people or materials out of doors and located at or less than 0.6 m above Finished Grade. The projection of patios into required setbacks is regulated in Section 40, Projections into Setbacks. “Permanent Foundation” means the provision of providing a base for a building approved under the Alberta building Code. “Permitted Use” means a use, which is compatible with other uses in the district and for which a development permit has been issued, provided it otherwise conforms to this Land Use Bylaw. “Personal Services” means the provision of a service to individuals on a commercial basis and includes but is not limited to such services of photographers, travel agencies, beauty salons, dry cleaners, medical and health re lated services including their associated offices. This does not include cannabis, retail or cannabis accessory services. “Place of Worship” means a building used for religious worship by an association of persons that is organized for the conduct of religious services, rites and worship and is permanently established as to the continuity of its existence. Accessory uses may include, but not limited to, residence for a caretaker or head of the congregation and an assembly hall. 158 2018.06.26 146 “Porch” means a roofed Structure projecting from the exterior wall of a building with walls, which open or are screened to facilitate use as a seasonal outdoor living area. The projection of porches into required Setbacks is regulated in Section 40, Projections into Setbacks “Portable Storage Container” means a secure, steel/wood structure that is portable in nature (e.g. sea can, cargo container, shipping container etc.). “Principal” means the main or primary use, building, or structure. “Private Recreation Facility” means a land or a building used:  where members of a club or group assemble to participate in recreation, social or cultural activities  where there are sports, recreation, cultural, or social events for the members of the group  where there may be an area for the preparation or consumption of food  that may have meeting rooms for the administration of the group  where members of the club or the group have restricted access to t he land or building through ownership, membership or invitation “Property Line” means a legal boundary of a lot. “Property Line, Exterior Side” means a Property Line other than a front or rear Property Line and is separating the lot from the flanking street or across route in a bare land strata plan. “Property Line, Front” means the Property Line separating the lot from the street and in the case of a Corner Parcel or through lot, the Property Line having the shortest length separating the lot from the street. “Property Line, Interior Side” means a Property Line other than a front, rear, or exterior side Property Line. “Property Line, Rear” means the Property Line or point of intersection of the side Property Lines farthest from and opposite to the front Property Line. “Public or Quasi-public Use” means a use of land, and/or a building, for the purposes of public administration and service and shall also include the use of land and/or a building for the purpose of assembly, worship, instruction, culture, recreation or other community activity. “Public Utility” means a system or works used to provide one or more of the following for public consumption, benefit, convenience or use:  water or steam  sewage disposal  public transportation operated by or on behalf of the Municipality  irrigation 159 2018.06.26 147  fuel  electric power  heat  waste management  telecommunications  natural gas “Public Utility Building” means a building in which the proprietor of a public utility maintains its offices, or maintains or houses equipment used in connection with the public utility. Q “Qualified Environmental Professional (QEP)” means individuals with one or more of the following designations or other related environmental professionals able to perform the necessary level of environmental review as appropriate.  RPBio (Registered Professional Biologist)  RF (Registered Forester)  EP (Environmental Professional)  EPt (Environmental Professional Trainee)  QEP (Qualified Environmental Professional)  EPI (Environmental Professional Intern) R “Rear Yard” see Yard, Rear. “Recreation Area” means an area of land used by the public for recreational purposes. Activities may include, but are not limited to walking, running, cycling, horseback riding, cross country skiing, and riding of all-terrain vehicles and snowmobiles. “Recreational Resort” means a commercial development, which allows for leisure and vacation accommodation in association with indoor, outdoor, or passive recreation and other amenities, which form an integral part of the development. "Recreational, Major” means a use for high intensity commercial recreation, sports or amusement where there may be many spectators. An Area Structure Plan or Area Concept Plan may be required. Typical uses may include a golf course, race track, fair/rodeo grounds, commercial equestrian arena, ski hill, Scout/Guide camps, religious outdoor retreat camps, Sport Camps, indoor ice arena, and curling rink. 160 2018.06.26 148 “Recreational, Minor” means a use for recreation, sports and amusemen t where patrons are predominantly participants and any spectators are incidental and attend on a non - recurring basis. Typical facilities would include athletic clubs; health and fitness clubs; outdoor unenclosed hockey rinks; paint ball facilities; bowling alleys; racquet clubs; sports fields; tennis courts; driving ranges; miniature golf establishments; rifle and pistol ranges; and archery ranges. “Recreation Trail” means a travel way established either through construction or use which is passable by at least one or more of the following, including, but not limited to: foot traffic, bicycles, in-line skates, wheelchairs, cross-country skis. “Recreation Vehicle” means a portable structure designed and built to be carried on a vehicle or to be transported on its own wheels and which is intended to provide temporary living accommodation for travel or for recreation purposes and which does not need any special license or permit to travel on the public road systems other than a usual trailer or vehicle license, and without limiting the generality of the foregoing, includes such vehicles as a motor home, a camper, a travel trailer, a tent trailer, or boat but does not include a manufactured home. “Recreational Centre and Lodge” see Country Recreational Lodge. “Recycling Collection Point” means a primary or incidental use that serves as a neighborhood drop-off point for the temporary storage of recoverable materials. No permanent storage or processing of such items is allowed. “Recycling Depot” means development used for the acceptance and temporary storage of bottles, cans, tetra-packs, newspapers and similar household goods for reuse, where all storage is contained within an enclosed building. It may include a container yard for recycling bins. “Renewable Energy” means a Development whose Principal Use is the generation of energy for commercial or residential use, from wind, solar, geothermal or other sources that do not depend on finite, non-renewable resources such as fossil fuels. “Reserve Land” means a municipal, school, or environmental reserve that has been dedicated in accordance with the Act. “Restaurant” see Eating and Drinking Establishment. “Retail Store” means a building where merchandise is offered for retail sale and is stored only in reasonably sufficient quantities to supply normal retail needs. It may include limited outdoor display of goods for sale (excludes retail for cannabis). “Riding Arena, Private” means a building or structure in which equestrian, athletic or recreational activities are carried out on the lot upon which the arena is located. More information on riding arenas can be found in Section 58 of this Bylaw. “Riding Arena, Commercial” “Riparian Area” includes any lands that adjoin or directly influence a water body, and includes floodplains (see Figure 3), and land that directly influences alluvial aquifers. Typical 161 2018.06.26 149 examples of riparian area include the lush vegetation that grows on floodplains and watercourse banks. They usually are distinctly different from surrounding lands because of unique soil and vegetation characteristics that are influenced by the presence of water above the ground and below the surface. Water is present due to a water body or elevated water table such as seep or spring. Riparian areas perform several important functions, which may include but not limited to: (a) Protecting ground and surface water from contamination; (b) Exchange of groundwater and surface water; (c) Filtering of nutrients and minerals; (d) Providing habitat for fish, waterfowls, and wildlife; (e) Building, stabilizing stream banks and channels; and (f) Contributing to biodiversity. Figure 3: Riparian Area. “Road” means land used or surveyed for use as a public highway or road, and includes a bridge forming part of a public highway or road and any structure incidental to the public highway or road or bridge, subject to the direction, control and management of the County. “Rural Industrial Park” means the use of land, buildings and/or structures for a n industrial activity that creates moderate to significant adverse impacts beyond the boundaries of the site for which the associated activity takes place due to appearance, emission of contaminants, noise, traffic volume, odour, fire, explosive hazards or dangerous goods. May include moderate to extensive open storage or stockpiling of raw materials, vehicles and machinery that may be partly or wholly visible off the site, minor to large structures, significant noise in the general operations of the use, or potential exposure of the 162 2018.06.26 150 environment to chemicals and other forms of pollution from the general operations of the use. S “Screening” means a fence, wall, berm, hedge or other barrier providing visual and/or acoustic separation of sites. “Seasonal” means the use or occupation of a site, dwelling, recreational vehicle or park model recreation vehicle between May 1st and October 31st of a calendar year. “Second Dwelling” means a dwelling unit that is permanent in nature and is being placed on the same parcel with an existing dwelling unit. “Service Station” means a building or a portion thereof for the servicing and repair of motor vehicles and includes the sale of fuel, oils and other accessories for motor vehicles. “Setback” means the required minimum distance that a development must be setback from a Property Line or any other feature of a site as specified by the Bylaw. “Side Yard” see Yard, Side. “Sight Triangle” means the triangular space formed by the front and exterior side property lines of a Corner Parcel and a line drawn from a point on one Property Line to a point on the other property line, each such point being 7.0 m from the point of intersection of the property lines as defined in Section 34, Corner Parcel & Site Triangles of this Bylaw. “Solar Array” means one or more Solar Energy Conversion Devices plus the mounting structure for the devices. Note that this energy is not in a form that is useable by its intended energy loads. The energy is merely used to feed into other components tha t together form a Solar Energy System. “Solar Array, Ground Mount” means a Solar Array that is mounted on a stand-alone structure mounted on the ground, on tower(s) or on pole(s) specifically intended for the array. A Solar Energy System incorporating a Solar Array, Ground Mount can be used to provide energy service to buildings located on or off site. “Solar Array, Roof Mount” means a Solar Array that is mounted on the roof of a structure. “Solar Energy Conversion Device” means a device that converts energy contained in sunlight into electrical or heat energy. “Solar Energy System” means a system of components that convert energy contained in sunlight into useable electrical or heat energy. “Solar Farm” is an installation or area of land in which a lar ge Solar Energy System is installed in order to generate electrical or heat energy for commercial sale to off -site customers. “Street” means a road other than a lane. “Stripping” means to take away or remove the earth in thin strips or layers. 163 2018.06.26 151 “Subdivision and Development Appeal Board” means the board established by Council. “Subdivision and Development Authority” means the authority established by Council by bylaw to make decisions on subdivision applications (and other subdivision-related matters), and discretionary development. “Subdivision and Development Regulation” means the Subdivision and Development Regulation (AR 43/202), as amended. “Surveillance Suite” see Housing, Employee. T “Temporary” means a period of time up to 1 year, unless otherwise specified in a development permit. “Temporary Second Dwelling” means a dwelling unit that is temporary in nature and is only to be occupied during the construction or location of a new dwelling unit on the parcel. “Tourist Information Services and Facilities” means the use of a parcel of land or a building to provide information to the travelling public and may include wa shrooms and picnic facilities. “Truck Stop” means the provision of facilities including a service station and restaurant for the temporary parking of licensed tractor/trailer units. A truck stop also may include a convenience store and restaurant facilities, and may include overnight accommodation. U “Un-subdivided Quarter Section” means a titled area of 160 acres (64.7 hectares) more or less but excluding previous subdivision for roads, road widening, school sites and other public and quasi-public uses. V “Veterinary Clinic” means a use, which provides for the medical care and treatment of animals and includes the provision for their overnight accommodation but does not include kennels, outdoor pens, and enclosures. “Veterinary Hospital” means a use, which provides the medical care and treatment of animals and includes provision for their accommodation and confinement in outdoor pens, runs, and enclosures. W 164 2018.06.26 152 “Warehousing” means a facility for the indoor storage of goods and merchandise and may include offices related to the administration of the warehouse facility as an accessory use. Warehousing includes mini or self-storage facilities. “Watercourse” means the bed and shore of a river, 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 intermittently. “Waste Management Facility, Major” means a site used primarily for the storage, processing, treatment and disposal of solid and/or liquid wastes, which may have adverse environmental impact on adjacent sites by virtue of potential emissions and/or appearance. Typical uses include sanitary landfill s, garbage transfer and compacting stations, recycling facilities, incinerators, sewage lagoons, wrecking and scrap metal yards, and similar uses. “Waste Management Facility, Minor” means a site used for the storage, recycling, disposal and filling of clean clay, waste concrete and paving materials, non-noxious scrap building materials, and similar non-hazardous wastes which normally do not generate any environmental pollution to the site and surrounding lands. This includes a dry waste site. “Water Setback” means the horizontal distance between the side lot lines of a waterfront lot measured at right angles from the Ordinary High Water Mark (OHWM) of a watercourse, such as a river, lake or wetland. “Work Camp” means a residential complex used to house camp workers by various contracting firms on a temporary basis, and without restricting the generality of the above, the camp is usually made up of a number of mobile units, clustered in such fashion as to provide sleeping, eating, recreation, and other basic living facilities. The units may be dismantled and removed from the site from time to time. Federal, Provincial or municipal work camps are permit exempt. “Wrecking Yard” means land and buildings that are used for the storage and dismantling of old or wrecked vehicles and / or machinery for the purpose of recycling their components. Y “Yard, Front” means that part of the Lot which extends across the full width of a lot located between the side Property Lines measured perpendicular from the Property Line, Front to the nearest wall or supporting member of a principal building or structure. “Yard, Rear” means that part of the lot which extends across the full width of a lot located between the side Property Lines measured perpendicular from the Property Line, Rear to the nearest wall or supporting member of a principal building or structure. 165 2018.06.26 153 “Yard, Side” means that part of a Lot which extends from the Yard, Front to the Yard, Rear between the side Property Lines of a Lot and the nearest wall or supporting member of a principal building or structure. “Yard, Exterior Side” means a yard extending from the Yard, Front to the Yard, Rear between the Property Line, Exterior Side of the parcel to the wall of the principal building thereon. “Yard, Interior Side” means a yard extending from the Yard, Front to the yard, rear between the Property Line, Interior Side of the parcel to the wall of the principal building thereon. 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. 166 2018.06.26 154 PART XIV – LAND USE MAPS 167 2018.06.26 Document Last Updated April 15, 2014 REQUEST FOR DECISION Agenda Item # 6.1 SUBJECT: 2018 Project and Capital Budget Variance Report MEETING DATE: 2018-06-26 PRESENTED BY: Mike Morton, Director of Corporate Services BACKGROUND/ PROPOSAL Council passed capital/project budget in December 2017. Council’s role in governance is to ensure stewardship over its entrusted resources. DISCUSSION/ OPTIONS/ BENEFITS/ DISADVANTAGES: Presentation of the 2018 Project and Capital Budget Variance Report based on data available to preparer as at June 11, 2018. COSTS/SOURCE OF FUNDING: Summary- Actual Costs Incurred (rounding used in brackets): • Gravel Acquisition Projects = $559,549.63 ($167k TSF to reserve) • Non TCA Projects = $52,205.35 ($26k Budget Software, Contract Shoulder Pulls/Wimborne Reclamation Projects – no costs yet incurred) • TCA Projects = $1,591,581.81 (Budgeted TSF To Reserves Complete = $1.523 million, Sharples Road = $31k) • Capital Equipment – new to plan = $41,044.63 (last item has been ordered) • Capital Equipment – existing plan = $1,044,829.08 (two vehicles still outstanding, three items have been ordered and not in system yet) • Water Service Area and Capital Equipment Plan Contributions = $3,311,283.00 (complete) • Capital Sales = $139,493.22 (most items will be sold in the fall, two items traded in as part of exchange program) Total Projects and Capital = $6,600,493.50 (Total Budget =$26,189,719.57) COMMUNICATIONS: Directive -For Public Information, Council Notes LINK TO STRATEGIC PLAN: Citizen Communication – Finances Fiscal Sustainability ATTACHMENTS: 2018 Budget Project Report June 11, 2018 RECOMMENDED ACTION: Receive for information. COUNCIL OPTIONS: 1) Receive report for information. 2) Request more information. MOTION: Council hereby approves the 2018 Project and Capital Budget Variance Report for information as of June 11, 2018. Prepared By: Mike Morton Approved By: Mike Morton Reviewed By: Al Hoggan Director of Corporate Services Director of Corporate Services Chief Administrative Officer 168 2018.06.26 KNEEHILL COUNTY FINAL PROJECT AND CAPITAL BUDGET 2018 Fiscal Year 2018 Total Budget Description Project Status Notes Budget # Budget Amount Year to Date June 11, 2018 Budget to actual variance CAPITAL EQUIPMENT PLAN CONTRIBUTION 1,907,621.83 (This is the annual funding contribution - new upfront purchases to plan are in TCA projects below) TOTAL CAPITAL EQUIPMENT REPLACEMENT PLAN Transfer to reserve as per Budget.B1801 1,907,621.83 1,907,621.83 - WATER SERVICE AREA TAX & SPECIAL BENEFITING LEVY 1,403,661.17 WSA TAX & SPECIAL BENEFITING LEVY Transfer to reserve as per Budget.B1802 1,403,661.17 1,403,661.17 - TOTAL NET OPERATING AFTER COMMITTED 3,311,283.00 3,311,283.00 - GRAVEL ACQUISITION PROJECTS CONTRACT PURCHASES 2,932,309.83 Gravel Purchases - 3 year contract for 150,000 tonne / yr. 2016 to 2018. Plus 30,000 tonne at 13.80 Not yet started. Waiting for confirmation of start date from contractor. B1810 2,484,000.00 2,484,000.00 Gravel Purchases - 2017 Carry Forward Complete awaiting last invoice.B1710 448,309.83 391,838.93 56,470.90 TRANSFER TO RESERVE 167,710.70 Transfer to Gravel Reserve Transfer to reserve as per Budget.B1811 167,710.70 167,710.70 - TOTAL GRAVEL ACQUISITION PROJECTS 3,100,020.53 559,549.63 2,540,470.90 1 6/21/20181692018.06.26 KNEEHILL COUNTY FINAL PROJECT AND CAPITAL BUDGET 2018 Fiscal Year 2018 Total Budget Description Project Status Notes Budget # Budget Amount Year to Date June 11, 2018 Budget to actual variance NON TCA PROJECTS ADMINISTRATION 172,404.74 Website RFP is being prepared in June. B1820 40,000.00 40,000.00 Asset Management Plan Policy 18-21 passed by Council. FCM Grant application has been completed and waiting for initial prior to submission. Will await to see if awarded before proceeding with next step.B1824 65,000.00 65,000.00 Budgeting Software - 2017 carry forward In progress. Completed 80% of Operating and Wage Module.B1720 56,154.74 25,907.50 30,247.24 Capital Planning Analysis Software - 2017 carry forward Finishing up data template to carry forward history and opening balances. Will have some training in the next couple of months. B1722 11,250.00 11,250.00 - TRANSPORTATION 2,450,000.00 Contract Shoulder Pull - 60 miles August start date.B1821 1,250,000.00 1,250,000.00 Wimborne Environmental Reclamation WSP working on engineering --only 40% done from Kredo.B1826 1,200,000.00 1,200,000.00 WATER 66,858.75 Churchill Water System Engineering - Booster Station / Storage Facility - Pressure for Horseshoe Canyon area Not going to be completed as we have an approved larger project to rehabilitate the Churchill System. Essentially will be completed under a different project.B1822 30,000.00 30,000.00 Sunnyslope Engineering - System Upgrade - 2017 carry forward Still waiting for final draft.B1725 36,858.75 7,366.00 29,492.75 WASTEWATER 45,712.75 Engineering - Lagoon Easements (Torrington, Wimborne, Huxley, Swalwell) - 2017 carry forward Waiting for final draft.B1726 45,712.75 5,204.00 40,508.75 WASTE MANAGEMENT 20,000.00 Torrington Landfill Engineering - Expected Life Study Site meeting completed, surveyors attended site, initial report in progress.B1823 20,000.00 20,000.00 CEMETERY 11,020.07 Survey & Register Cemetery Boundaries - 2016 carry forward 95% Complete.B1607 8,672.00 8,672.00 Arthurville Cemetery Project - 2017 carry forward 95% Complete.B1727 2,348.07 665.85 1,682.22 PLANNING 8,996.00 Planning & Development System - 2016 carry forward In progress. Almost complete.B1658 8,996.00 1,812.00 7,184.00 RECREATION 100,000.00 Tourism Masterplan In Progress. B1825 100,000.00 100,000.00 TOTAL NON TCA PROJECTS 2,874,992.31 52,205.35 2,822,786.96 2 6/21/20181702018.06.26 KNEEHILL COUNTY FINAL PROJECT AND CAPITAL BUDGET 2018 Fiscal Year 2018 Total Budget Description Project Status Notes Budget # Budget Amount Year to Date June 11, 2018 Budget to actual variance TANGIBLE CAPITAL ASSET (TCA) PROJECTS ADMINISTRATION 773,935.47 New Building Replacement Plan - Transfer to Building Reserve Transfer to reserve as per Budget.B1840 381,500.00 381,500.00 - Transfer to Hamlet Infrastructure Reserve Transfer to reserve as per Budget.B1855 392,435.47 392,435.47 - TRANSPORTATION 8,024,810.58 Torrington street repairs - ACP pavement West-Can Fall start Cape seal application.B1841 100,000.00 100,000.00 Huxley - Micro-Surface Roads - 2018 additional funds 115,000.00 plus 2017 carry forward 213,397.70 West-Can Fall start Cape seal application.B1742 328,397.70 328,397.70 Linden West Road 11.50 KM - Micro-Surface West-Can Mid June start.B1842 625,000.00 625,000.00 Sharples Road 13 KM - Rebuild - #7 road plan - plus 2017 carry forward 21,921.30 Tender Fall 2018 for Construction in Spring 2019.B1744 3,921,921.30 30,764.00 3,891,157.30 Road Rebuild RR251 - minus 2017 carry forward used Caburn Contracting August start date.B1754 2,899,491.58 2,899,491.58 RR24-4&5 Road Engineering for 2019 - #3 road plan On-going (pre-lim finished).B1843 150,000.00 19,456.36 130,543.64 BRIDGES 300,000.00 Bridge Projects Fall 2018 pending approvals from AE and WSP.B1844 300,000.00 8,768.00 291,232.00 HEALTH SERVICES 76,183.56 FCSS Parking Lot Improvements West-Can Mid June start.B1845 50,000.00 50,000.00 Old Medical Clinic Renovations - 2016 carry forward Demco Construction June Comnpletion.B1619 26,183.56 1,869.97 24,313.59 WATER 4,700,548.00 Generator for Wimborne Water System - Stand Alone Expect delivery, set-up and commissioning to be done by the end of July.B1846 16,500.00 2,937.00 13,563.00 Cost Share Waterline Extensions (as per policy 14-12) None to date.B1847 50,000.00 50,000.00 Churchill Water System Rehabilitation Initial meeting with WSP completed. Awaiting proposal letter from WSP.B1857 4,634,048.00 4,634,048.00 WASTE MANAGEMENT 40,000.00 Carbon and Three Hills Transfer Sites - Replace Fencing and Gates Both sites should be completed by end of July.B1848 40,000.00 40,000.00 CEMETERY 16,000.00 Gaetz Access Road Fencing 95% Complete.B1849 16,000.00 1,544.00 14,456.00 PARKS and RECREATION 1,377,022.12 Horseshoe Canyon Transfer to Parks Reserve Transfer to reserve as per Budget.B1850 750,000.00 750,000.00 - Horseshoe Canyon trail & site Development - 2017 carry forward On going.B1750 127,022.12 2,307.01 124,715.11 Torrington Arena Capital Project Meeting set for June 25 with Ag Society & Cimco June 14 meeting.B1858 500,000.00 500,000.00 TOTAL TCA WITHOUT CAPITAL EQUIPMENT PLAN 15,308,499.73 1,591,581.81 13,716,917.92 3 6/21/20181712018.06.26 KNEEHILL COUNTY FINAL PROJECT AND CAPITAL BUDGET 2018 Fiscal Year 2018 Total Budget Description Project Status Notes Budget # Budget Amount Year to Date June 11, 2018 Budget to actual variance CAPITAL EQUIPMENT PLAN - NEW TO PLAN TO FUND UP FRONT PURCHASES 99,500.00 Tree Auger Complete.B1851 5,000.00 4,240.00 760.00 Enclosed Utility Trailer Complete.B1852 7,500.00 6,056.63 1,443.37 210 Hoe Pac Complete.B1853 15,000.00 11,790.00 3,210.00 Tandem Gooseneck Trailer Complete.B1854 20,000.00 18,958.00 1,042.00 Peace Officer Vehicle and Equipment Vehicle has been ordered. B1856 52,000.00 52,000.00 TOTAL CAPITAL EQUIPMENT PLAN NEW TO PLAN 99,500.00 41,044.63 58,455.37 CAPITAL EQUIPMENT PLAN REPLACEMENT Capital Purchases for 2018 1,495,424.00 E0510 2010 Ford F150 (PLNG/Wrapped Truck) To be determined. B1860 35,000.00 35,000.00 O0414 2014 Ford Expedition 4WD 4DR XL (CAO auto to TSF as office auto )Fire Chief Unit - New Replacement cycle B1861 45,000.00 45,000.00 E4S03 2003 Chev 2500HD Squad Command (was donated)- fund in 2 yrs Vehicle has been ordered. B1862 100,000.00 100,000.00 M5108 2008 JOHN DEERE 310 BACKHOE Unit received, waiting for invoice . B1863 110,000.00 110,000.00 M6117 2017 Bobcat 5600 Toolcat Complete. B1864 60,360.00 59,042.11 1,317.89 M6417 2016 15557F BOBCAT T870 Skidsteer Complete. B1865 84,064.00 82,767.11 1,296.89 M6908 2008 Volvo SD105DX Soil Compacter Complete. B1866 129,000.00 134,000.00 (5,000.00) R54511 2011 John Deere 872G Grader (Div. 6)Complete. B1867 445,000.00 427,879.00 17,121.00 S5208 2008 SELECK FORKLIFT S80 Unit received, waiting for invoice . B1868 90,000.00 90,000.00 B0111 2011 Dodge Ram 2500 SLT CC 4x4 (Spare)Complete. B1869 39,000.00 36,932.85 2,067.15 R1102 2002 GMC Unibody box Sierra 1 Ton -welding truck Complete. B1870 70,000.00 46,836.06 23,163.94 Portable Generator Set Complete. B1871 6,000.00 4,749.00 1,251.00 S0110 TBS 2010 Ford F150 S/Cab (Landfill Truck will be D. Adolf Truck)Complete. B1872 35,000.00 36,932.85 (1,932.85) U0112 2012 Ford F150 XLT 4x4 SCAB(Jeff Anderson)Complete. B1873 35,000.00 36,932.85 (1,932.85) A0311 2011 Ford F250 S/C XLT (Fallon)In progress. B1874 52,000.00 37,098.00 14,902.00 P7715 2015 John Deere 1570 Commercial Front Mower Complete. B1875 40,000.00 30,916.00 9,084.00 P0211 2011 Ford F150 S/C XLT (Park Attendant)Complete. B1876 40,000.00 36,932.85 3,067.15 P0311 2011 Ford F150 S/C XLT (Was U0311) (landscape)Complete. B1877 40,000.00 36,932.85 3,067.15 P0411 2011 Ford F150 S/C XLT (was S0211) (mower)Complete. B1878 40,000.00 36,877.55 3,122.45 TOTAL CAPITAL EQUIPMENT PLAN PURCHASES 1,495,424.00 1,044,829.08 450,594.92 4 6/21/20181722018.06.26 KNEEHILL COUNTY FINAL PROJECT AND CAPITAL BUDGET 2018 Fiscal Year 2018 Total Budget Description Project Status Notes Budget # Budget Amount Year to Date June 11, 2018 Budget to actual variance PROJECT AND CAPITAL SUMMARY CAPITAL EQUIPMENT PLAN CONTRIBUTION 1,907,621.83 1,907,621.83 (0.00) WSA TAX & SPECIAL BENEFITING LEVY 1,403,661.17 1,403,661.17 - GRAVEL 3,100,020.53 559,549.63 2,540,470.90 NON TCA 2,874,992.31 52,205.35 2,822,786.96 TCA WITHOUT CAPITAL EQUIPMENT PLAN 15,407,999.73 1,591,581.81 13,816,417.92 TCA CAPITAL EQUIPMENT PLAN 1,495,424.00 1,085,873.71 409,550.29 TOTAL OF ALL PROJECT EXPENDITURES 26,189,719.57 6,600,493.50 19,589,226.07 CAPITAL EQUIPMENT PLAN REPLACEMENT Capital Sales for 2018 412,064.00 E0510 2010 Ford F150 (PLNG/Wrapped Truck) To be determined B1860S 4,000.00 4,000.00 E4S03 2003 Chev 2500HD Squad Command (was donated)- fund in 2 yrs To be determined B1862S 1,000.00 1,000.00 M5108 2008 JOHN DEERE 310 BACKHOE To be sold in Fall. B1863S 30,000.00 30,000.00 M6117 2017 Bobcat 5600 Toolcat Complete. B1864S 55,000.00 54,026.11 973.89 M6417 2016 15557F BOBCAT T870 Skidsteer Complete. B1865S 80,064.00 77,817.11 2,246.89 M6908 2008 Volvo SD105DX Soil Compacter To be sold in Fall. B1866S 10,000.00 10,000.00 R54511 2011 John Deere 872G Grader (Div. 6)To be sold in Fall. B1867S 130,000.00 130,000.00 S5208 2008 SELECK FORKLIFT S80 To be sold in Fall. B1868S 25,000.00 25,000.00 B0111 2011 Dodge Ram 2500 SLT CC 4x4 (Spare)To be sold in Fall. B1869S 4,000.00 4,000.00 R1102 2002 GMC Unibody box Sierra 1 Ton -welding truck To be sold in Fall. B1870S 2,500.00 2,500.00 Portable Generator Set To be sold in Fall. - Was replaced with new for Utilities B1871S - - S0110 TBS 2010 Ford F150 S/Cab (Landfill Truck will be D. Adolf Truck)To be determined B1872S 4,000.00 4,000.00 U0112 2012 Ford F150 XLT 4x4 SCAB(Jeff Anderson)To be determined B1873S 4,000.00 4,000.00 A0311 2011 Ford F250 S/C XLT (Fallon)To be sold in Fall. B1874S 10,000.00 10,000.00 P7715 2015 John Deere 1570 Commercial Front Mower To be sold in Fall. B1875S 15,000.00 15,000.00 P0211 2011 Ford F150 S/C XLT (Park Attendant)To be sold in Fall. B1876S 7,500.00 7,500.00 P0311 2011 Ford F150 S/C XLT (Was U0311) (landscape)To be sold in Fall. B1877S 7,500.00 7,500.00 P0411 2011 Ford F150 S/C XLT (was S0211) (mower)To be sold in Fall. B1878S 7,500.00 7,500.00 2014 John Deere 1435 Series II Front Mower w/ 72" RD Deck (P7214) - 2017 carry forward Complete. B1772S 15,000.00 7,650.00 7,350.00 TOTAL CAPITAL EQUIPMENT PLAN SALES 412,064.00 139,493.22 272,570.78 5 6/21/20181732018.06.26 Document Last Updated February 27, 2018 REQUEST FOR DECISION Agenda Item # 8.1 SUBJECT: Canadian National Oldtimers Baseball Championships MEETING DATE: 2018-06-26 PRESENTED BY: Al Hoggan, CAO BACKGROUND/ PROPOSAL Administration received a request from Norm Campion. He has been selected to represent Alberta at the Canadian National Oldtimers Baseball Championships in Charlottetown, PEI. He is requesting $200.00 or a portion in sponsorship. DISCUSSION/ OPTIONS/ BENEFITS/ DISADVANTAGES: In our Youth Sponsorship Policy # 15-10, we sponsor youth under 19 year of age residing in the Municipality of Kneehill County $200.00 for attending national events. COSTS/SOURCE OF FUNDING: Policy # 15-7, Recreation, Arts and Cultural Events G/L # 97-27730. ENGAGEMENT: LINK TO STRATEGIC PLAN: ATTACHMENTS: Policy #15-7. Recreation, Arts and Cultural Events Policy #15-10, Youth Sponsorship Policy RECOMMENDED ACTION: Council’s Decision COUNCIL OPTIONS: 1. Approve sponsorship in the amount of $200. 2. Approve sponsorship in a different amount. 3. Receive for information. MOTION: Council’s Decision Prepared By: Carolyn Van der Kuil Approved By: Al Hoggan Reviewed By: Al Hoggan Executive Assistant Chief Administrative Officer Chief Administrative Officer 174 2018.06.26 175 2018.06.26 Document Last Updated February 27, 2018 REQUEST FOR DECISION Agenda Item # 8.2 SUBJECT: Strategic Priorities Chart MEETING DATE: 2018-06-26 PRESENTED BY: Al Hoggan, CAO BACKGROUND/ PROPOSAL As a result of our February 2018 Strategic Planning Session, Council’s priorities and operational strategies were summed up into the Strategic Planning Chart. DISCUSSION/ OPTIONS/ BENEFITS/ DISADVANTAGES: The Strategic Priorities Chart should be reviewed regularly as a reminder of the organization’s capacity to make adjustments, change priorities and celebrate achievements. COSTS/SOURCE OF FUNDING: N/A ENGAGEMENT: LINK TO STRATEGIC PLAN: N/A ATTACHMENTS: Strategic Priorities Chart June 26, 2018 (new) Strategic Priorities Chart May 8, 2018 (old) RECOMMENDED ACTION: Approve the Strategic Priorities Chart as presented. COUNCIL OPTIONS: 1. Approve the Strategic Priorities Chart as presented. 2. Amend the Strategic Priorities Chart. 3. Receive as information. MOTION: That Council approve the June 26, 2018 Strategic Priorities Chart as presented. Prepared By: Carolyn Van der Kuil Approved By: Al Hoggan Reviewed By: Al Hoggan Executive Assistant Chief Administrative Officer Chief Administrative Officer 176 2018.06.26 STRATEGIC PRIORITIES CHART June 26, 2018 CORPORATE PRIORITIES (Council/CAO) NOW TIMELINE 1. INTER-MUN. COLLABORATION FRAMEWORKS June 2. ECONOMIC DEVLOPMENT STRATEGY April 3. INTER-MUNICIPAL DEVELOPMENT PLANS (IDP 4. HAMLET STRATEGY 5. LONG TERM FINANCIAL PLAN NEXT • MDP/LUB: Review • INDUSTRIAL AREA: Zoning • THREE HILLS EAST WATER: Options • INFRASTRUCTURE FINANCING STRATEGY • HUMAN RESOURCE POLICY ADVOCACY • Three Hills Water • GFL: Aerator Evaluation • Trochu Senior Housing • Doctor Recruitment & Retention: Support LATER • RURAL FIRE SERVICE STRATEGY • COMMUNITY STANDARDS BYLAW: Update • YOUTH SPONSORSHIP: Policy Review OPERATIONAL STRATEGIES (CAO/STAFF) CHIEF ADMINISTRATIVE OFFICER 1. ICF Program: Approach – Mar. 2. ECONOMIC DEVELOPMENT STRATEGY: ToR – Apr. • YOUTH SPONSORSHIP: Policy Review • Regional Partnership Forum CORPORATE 1. LONG TERM FINANCIAL PLAN 2. ASSET MANAGEMENT PLAN PROTECTIVE SERVICES 1. COMMUNITY STANDARDS BYLAW: Update 2. OH & S: Legislative Compliance - May • RURAL FIRE SERVICE STRATEGY PLANNING 1. IDP: Completion – May 2. MDP/LUB: Review - June 3. INDUSTRIAL AREA: Zoning – June • HAMLET STRATEGY TRANSPORTATION & ENVIRONMENT 1. CHURCHILL WATER LINE: Council Direction – Feb. 2. HAMLET STRATEGY – Sept. 3. SOLID WASTE STRAEGY – Sept. • THREE HILLS EAST WATER: Options AGRICULTURE & PARKS 1. TOURISM & RECREATION MASTER PLAN: Review – Apr. 2. HORSESHOE CANYON ENHANCEMENTS – Aug. CODES: BOLD CAPITALS = NOW Priorities; CAPITALS = NEXT Priorities; Italics = Advocacy; Regular Title Case = Operational Strategies 177 2018.06.26 STRATEGIC PRIORITIES CHART May 8, 2018 CORPORATE PRIORITIES (Council/CAO) NOW TIMELINE 1. INTER-MUN. COLLABORATION FRAMEWORKS June 2. ECONOMIC DEVLOPMENT STRATEGY April 3. TOURISM & RECREATION MASTER PLAN: Review 4. INTER-MUNICIPAL DEVELOPMENT PLANS (IDP 5. HAMLET STRATEGY NEXT  ASSET MANAGEMENT PLAN  LONG TERM FINANCIAL PLAN  MDP/LUB: Review  INDUSTRIAL AREA: Zoning  THREE HILLS EAST WATER: Options ADVOCACY  Three Hills Water  GFL: Aerator Evaluation  Trochu Senior Housing  Doctor Recruitment & Retention: Support LATER  INFRASTRUCTURE FINANCING STRATEGY  HUMAN RESOURCE POLICY  RURAL FIRE SERVICE STRATEGY  COMMUNITY STANDARDS BYLAW: Update  YOUTH SPONSORSHIP: Policy Review OPERATIONAL STRATEGIES (CAO/STAFF) CHIEF ADMINISTRATIVE OFFICER 1. ICF Program: Approach – Mar. 2. ECONOMIC DEVELOPMENT STRATEGY: ToR – Apr.  YOUTH SPONSORSHIP: Policy Review  Regional Partnership Forum CORPORATE 1. LONG TERM FINANCIAL PLAN 2. ASSET MANAGEMENT PLAN PROTECTIVE SERVICES 1. COMMUNITY STANDARDS BYLAW: Update 2. OH & S: Legislative Compliance - May  RURAL FIRE SERVICE STRATEGY PLANNING 1. IDP: Completion – May 2. MDP/LUB: Review - June 3. INDUSTRIAL AREA: Zoning – June  HAMLET STRATEGY TRANSPORTATION & ENVIRONMENT 1. CHURCHILL WATER LINE: Council Direction – Feb. 2. HAMLET STRATEGY – Sept. 3. SOLID WASTE STRAEGY – Sept.  THREE HILLS EAST WATER: Options AGRICULTURE & PARKS 1. TOURISM & RECREATION MASTER PLAN: Review – Apr. 2. HORSESHOE CANYON ENHANCEMENTS – Aug. CODES: BOLD CAPITALS = NOW Priorities; CAPITALS = NEXT Priorities; Italics = Advocacy; Regular Title Case = Operational Strategies 178 2018.06.26 Document Last Updated April 15, 2014 REQUEST FOR DECISION Agenda Item # 8.3 SUBJECT: Village of Delburne Charity Golf Tournament MEETING DATE: 2018-06-26 PRESENTED BY: Al Hoggan, CAO BACKGROUND/ PROPOSAL An invitation has been received to attend the Village of Delburne’s Annual Charity Golf Tournament on Friday, July 27, 2018 at 4:00 p.m. at the Fawn Meadows Golf and Country Club. DISCUSSION/ OPTIONS/ BENEFITS/ DISADVANTAGES: Kneehill County has also, under Policy # 15-7, Recreation, Community, Arts and Cultural Events, donated a two hole sponsorships in the amount of $200.00 to this event in the past. This year’s proceeds are going to the Delburne and District Golf and Recreation Society. COSTS/SOURCE OF FUNDING: $60.00 per person. ENGAGEMENT: N/A LINK TO STRATEGIC PLAN: N/A ATTACHMENTS: Village of Delburne Golf Tournament Invitation RECOMMENDED ACTION: That Council authorize the attendance for this event and a donation of $200. COUNCIL OPTIONS: 1. That Council authorizes attendance and a $200 donation. 2. That Council authorize attendance and a different amount. 3. That Council receive for information. MOTION: That Council authorize the attendance to _______, to attend the Village of Delburne’s Annual Charity Golf Tournament being held on Friday, July 27, 2018 at the Fawn Meadows Golf And Country Club in Delburne, AB and donation of $200.00 with funds to come from the Recreation, Community, Arts and Cultural Events Policy. Prepared By: Carolyn Van der Kuil Approved By: Al Hoggan Reviewed By: Al Hoggan Executive Assistant Chief Administrative Officer Chief Administrative Officer 179 2018.06.26 180 2018.06.26 181 2018.06.26 182 2018.06.26 Minutes of the Regular Meeting of the Directors of CF Wild Rose May 3, 2018 Page 1 MINUTES REGULAR MEETING OF THE DIRECTORS OF COMMUNITY FUTURES WILD ROSE HELD May 3, 2018 @ 8:40 P.M. following SESSION II of the STRATEGIC PLANNING EXCERSISE AT THE CF WILD ROSE OFFICE, STRATHMORE, ALBERTA PRESENT REPRESENTING Vanessa Van der Meer Chair - Linden Tari Cockx Secretary Treasurer - Strathmore Lynn MacWilliam Director – Bassano Bryan Peever Director - Carbon Wade Christie Director – Kneehill County Dalia Cheshire Director - Rockyford Joe Pedersen Director – Standard Cheryl Lumley Director – Trochu Amber Link Director – Wheatland County Karen Ursu Director – Beiseker Tim Shearlaw Director – Three Hills Frank Friesen Director – Irricana Michelle Young Alternate - Chestermere ABSENT Corey Fisher Vice-Chair - Hussar Lucy Ann Daubert Director – Acme Ron Cox Manager Pat Grabo Business Analyst Wendy Gerbrandt CED Coordinator David Petrovich Business Analyst 1. CALL TO ORDER The regular meeting of the Community Futures Wild Rose Board of Directors was called to order by Vanessa Van der Meer at 8:40 P.M. P.M. following the second Strategic Planning session facilitated by Karen Blewett. 2. APPROVAL OF AGENDA 01-05-18 Lynn MacWilliam moved approval of the agenda CARRIED 183 2018.06.26 Minutes of the Regular Meeting of the Directors of CF Wild Rose May 3, 2018 Page 2 3. PERSONNEL ISSUES (In Camera) 02-05-18 Joe Pedersen moved the meeting go “In Camera” at 8:42 P.M. CARRIED 03-05-18 Amber Link moved the meeting “Out of Camera” at 8:55 P.M. CARRIED 04-05-18 Dalia Cheshire moved that David Petrovich be selected as the incoming General Manager and that a Letter of Offer be drafted to that effect, with the official appointment date to be October 1, 2018 CARRIED 05-05-18 Bryan Peever moved the meeting go “In Camera” at 9:05 P.M. CARRIED 03-05-18 Cheryl Lumley moved the meeting “Out of Camera” at 9:15 P.M. 4. DATE AND LOCATION OF NEXT MEETING The next regular meeting of the Directors of CF Wild Rose will be held on June 7, 2018 at 7:10 P.M. at the CF Wild Rose offices in Strathmore. 5. ADJOURNMENT The meeting was adjourned at 9:20 p.m. 184 2018.06.26 Document Last Updated April 15, 2014 REQUEST FOR DECISION Agenda Item # 11.0 SUBJECT: Council Follow-Up Action List MEETING DATE: 2018-06-26 PRESENTED BY: Al Hoggan, CAO BACKGROUND/ PROPOSAL To request Council’s acceptance of the Council Follow-Up Action List. DISCUSSION/ OPTIONS/ BENEFITS/ DISADVANTAGES: Please find attached the Council Follow-Up Action List. The Council Follow- up Action list is a list of items from Council meetings that require follow-up. This document is regularly updated after each Council meeting. COSTS/SOURCE OF FUNDING: N/A COMMUNICATIONS: N/A LINK TO STRATEGIC PLAN: N/A ATTACHMENTS: June 26, 2018 Council Follow-Up Action List RECOMMENDED ACTION: Receive as information. COUNCIL OPTIONS: 1. Receive as information 2. Council provide further direction or required changes/amendments. MOTION: That Council receive for information the June 26, 2018 Council Follow-Up Action List as presented. Prepared By: Carolyn Van der Kuil Approved By: Al Hoggan Reviewed By: Al Hoggan Executive Assistant Chief Administrative Officer Chief Administrative Officer 185 2018.06.26 Meeting Date Motion #Description/Motion Action Required Assigned To Due Date Status 24-Apr-18 127/18 Councillor Christie moved to amend the 2018 Capital Project Budget to include the environmental site reclamation of the Wimborne Inactive Fuel Station and the former Wimborne Grader Shed at a cost of $1.2 million dollars.Municipal Services Fall 2018 In Progress 24-Apr-18 128/18 Deputy Reeve King moved to amend the 2018 Capital Budget to accommodate funding in the amount of $500,000.00 to the Torrington Arena Project as presented.Municipal Services Fall 2018 In Progress 24-Apr-18 129/18 Councillor McGhee moved to direct administration to pursue the rehabilitation of the Churchill Water System by securing and acquiring land for pump house, reservoir and bulk fill, complete engineering, create tender documents and tender for construction as presented. Funding for the project to come from the Water Service Area Reserve and have the 2018 Capital Budget amended $4,634,048.00 for the Churchill Water System Rehabilitation. Municipal Services Fall 2019 In Progress 24-Apr-18 151/18 Councillor McGhee moved to direct administration to research the ability to identify Kneehill County residents at the Drumheller Solid Waste Landfill or any other recommendations that would deal with the concern identified.Administration 18-Jun 24-Apr-18 158/18 Councillor Penner moved to direct administration to deal with the Alberta Firefighter Curling Association Championship Sponsorship request internally.Municipal Services Jun-18 08-May-18 171/18 Councillor McGhee moved first reading of Bylaw #1755 for Road Closure, that being a bylaw for the purpose of closing to public travel in accordance with Section 22 of the Municipal Government Act and to set a Public Hearing date for Bylaw #1755 for June 12, 2018 at 11:00 a.m.Municipal Services Waiting for Signature from Minister 08-May-18 184/18 Councillor McGhee moved to direct administration to bring to a future Committee of the Whole Meeting discussion regarding Hamlet Water Service Area Tax to potentially be implemented in the 2019 budget. Scheduled for Sept 18/18 COW Meeting 08-May-18 202/18 Councillor McGhee moved to direct administration to bring back a conceptual plan for a September Committee of the Whole meeting to decide what public participation will look like for the Churchill Water Service Area Project. Scheduled for Sept 18/18 COW Meeting 12-Jun-18 236/18 Deputy Reeve King moved to approve the Dunphy Road Bank Protection Project in the amount of $550,000 for 2018 with funds to be allocated for this project from the Road Reserve and apply for grant funding under the Alberta Community Resilience Program.Municipal Services In Progress 12-Jun-18 237/18 Councillor Penner moved to accept Policy #2-1, Cemetery Policy as amended.COMPLETED 12-Jun-18 238/239/2 40/241/18 Council gave all three readings to Bylaw #1770, that being a bylaw for the purpose of establishing Fire Protection Services.COMPLETED 12-Jun-18 242/18 Councillor McGhee moved to add Dan Ross as Kneehill County Fire Chief as a Fire Guardian for the issuance of Fire Permits to April 2019 for Kneehill County.COMPLETED Council Action Items 186 2018.06.26 Meeting Date Motion #Description/Motion Action Required Assigned To Due Date Status Council Action Items 12-Jun-18 243/18 Deputy Reeve King moved that Council receive for information the January to March 2018 Bank Reconciliation Report. COMPLETED 12-Jun-18 244/18 Councillor McGhee moved to direct Administration to apply for a grant opportunity from the Federation of Canadian Municipalities’ Municipal Asset Management Program for Asset Management Report and Program Development; Furthermore, that Kneehill County commits to conducting the following activities in its proposed project submitted to the Federation of Canadian Municipalities’ Municipal Asset management Program to advance our asset management program: Condition Assessment Program Development Risk Framework Development Lifecycle Strategy Development Furthermore, that Kneehill County commits $15,000.00 from its budget toward the costs of this initiative. COMPLETED 12-Jun-18 245/18 Councillor Christie moved to receive for information the January to March 2018 Financial Reports as presented.COMPLETED 12-Jun-18 246/18 Councillor Penner moved to donate a Bernie Brown print and 72 Kneehill County branded items to the B is for Brady Memorial Golf Tournament 2018 being held on July 21, 2018.COMPLETED 12-Jun-18 247/18 Councillor Keiver moved to approve a donation of $350 and authorize attendance for all of Council to the Annual Fire and Ambulance Appreciation Barbeque being held on Thursday, June 21, 2018 at 6:00 p.m., with funds to come from Policy #15-7, Recreation, Community, Arts and Culture Events. COMPLETED 12-Jun-18 248/18 Deputy Reeve King moved to table this agenda item until August 21, 2018 Council meeting and direct administration to bring back more information and research how reduced funding will affect the school libraries. Legislative Services On the August 21, 2018 Agenda 12-Jun-18 249/18 Deputy Reeve King moved that Council approve the May 1, 2018 Strategic Planning Session for all Councillors in attendance.COMPLETED 12-Jun-18 250/18 Deputy Reeve King moved to support the Village of Linden with $200,000.00 in funding to whichever of the three infrastructure projects the Village of Linden’s presented to Council with funds to come from Contingency Reserve fund.COMPLETED 12-Jun-18 251/18 Councillor Penner moved to assist the Three Hills Golf Course due to flood recovery with resources to a maximum value of $10,000.00 at administrations discretion being utilized in the 2018 budget year. COMPLETED 187 2018.06.26