COUNTY OF VULCAN NO. 2 - Home | Vulcan Countyvulcan.civicwebcms.com/sites/vulcan.civicwebcms.com/files/media... · Vulcan County Land Use Bylaw No. 2010-010 Page 1 . Vulcan County

Vulcan CountyVulcan CountyVulcan County

Land Use Bylaw No. 2010‐010

July 2010

Copyright © 2010 Vulcan County Vulcan, Alberta

All images copyright of Vulcan County and the Oldman River Regional Services Commission

Prepared by: Oldman River Regional Services Commission | www.orrsc.com

Table of Contents Administration Page

TITLE................................................................................................................................. 1

DATE OF COMMENCEMENT ............................................................................................ 1

REPEAL OF FORMER LAND USE BYLAW ........................................................................... 1

AMENDMENT OF BYLAW ................................................................................................ 1

COMPLIANCE WITH AND CONTRAVENTION OF THE LAND USE BYLAW ......................... 1

DEFINITIONS .................................................................................................................... 1

DEVELOPMENT AUTHORITY ............................................................................................ 20

DEVELOPMENT OFFICER .................................................................................................. 20

MUNICIPAL PLANNING COMMISSION ............................................................................. 20

APPLICATION FEES ........................................................................................................... 21

APPENDICES ..................................................................................................................... 21

METRIC STANDARDS ........................................................................................................ 21

CONTRAVENTION OF BYLAW .......................................................................................... 21

Land Use Districts & Development In General LAND USE DISTRICTS........................................................................................................ 21

DEVELOPMENT IN MUNICIPALITY GENERALLY ............................................................... 22

NON-CONFORMING USES AND BUILDINGS .................................................................... 22

NUMBER OF DWELLINGS ON A PARCEL .......................................................................... 23

SUITABILITY OF SITES ....................................................................................................... 23

DEVELOPMENT AGREEMENTS......................................................................................... 24

Development Permits DEVELOPMENT PERMIT APPLICATIONS .......................................................................... 24

PERMITTED USE APPLICATIONS ...................................................................................... 25

DISCRETIONARY USE APPLICATIONS ............................................................................... 26

APPLICATIONS REQUESTING WAIVERS OF BYLAW PROVISIONS .................................... 27

SIMILAR USE APPLICATIONS ............................................................................................ 27

TEMPORARY USE APPLICATIONS ..................................................................................... 28

NOTIFICATION OF PERSONS LIKELY TO BE AFFECTED ..................................................... 28

Development Decision DECISION PROCESS .......................................................................................................... 29

NOTICE OF DECISION FOR DEVELOPMENT PERMITS ISSUED.......................................... 29

DEEMED REFUSAL / FAILURE TO MAKE A DECISION ....................................................... 30

REAPPLICATION ............................................................................................................... 30

Validity of Development Permit Page COMMENCEMENT OF DEVELOPMENT ............................................................................ 31

PERMIT VALIDITY ............................................................................................................. 31

SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT ..................................... 32

Enforcement Process STOP ORDER .................................................................................................................... 32

APPEAL PROCEDURE ........................................................................................................ 32

APPEAL HEARING ............................................................................................................. 33

DECISION OF THE BOARD ................................................................................................ 33

Land Use Bylaw Amendments AMENDMENTS TO THE LAND USE BYLAW ...................................................................... 34

LAND USE REDESIGNATION APPLICATION REQUIREMENTS ........................................... 35 SCHEDULES:

Schedule 1 LAND USE DISTRICTS AND MAPS .................................................................... 37

LAND USE DISTRICT MAPS

Schedule 2 LAND USE DISTRICT REGULATIONS

RURAL GENERAL – RG .................................................................... 39

SMALL HOLDINGS – SH ................................................................... 47

SINGLE LOT COUNTRY RESIDENTIAL – SCR .................................... 53

GROUPED COUNTRY RESIDENTIAL – GCR ...................................... 57

URBAN FRINGE – UF ....................................................................... 65

HAMLET RESIDENTIAL – HR ............................................................ 73

HAMLET COMMERCIAL – HC ........................................................... 77

RURAL INDUSTRIAL – RI .................................................................. 81

RURAL COMMERCIAL – RC ............................................................. 87

RESERVOIR VICINITY – RV ............................................................... 91

RURAL RECREATIONAL – RR ........................................................... 99

PUBLIC SERVICE ................................................................................ 107

DIRECT CONTROL – DC ................................................................... 109

Schedule 3 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT ............................... 111

Schedule 4 STANDARDS OF DEVELOPMENT ...................................................................... 113 APPENDICES:

Appendix A FORMS AND APPLICATIONS

Appendix B POST AND CABLE BARRICADE STANDARDS

Appendix C MUNICIPAL PLANNING COMMISSION BYLAW No. 98-011

Appendix D EXAMPLES OF SUBDIVISION POLICIES

Vulcan County Land Use Bylaw No. 2010-010 Page 1

Vulcan County Land Use Bylaw No. 2010-010

Administration

TITLE

1. This bylaw may be cited as the “Vulcan County Land Use Bylaw”.

DATE OF COMMENCEMENT

2. This bylaw shall come into effect upon third and final reading thereof.

REPEAL OF FORMER LAND USE BYLAW

3. Bylaw No. 2003-004 and any amendments to, being the current Land Use Bylaw of Vulcan County is repealed upon third and final reading of this bylaw.

AMENDMENT OF BYLAW

4. The Council may amend this bylaw at any time in accordance with the procedures detailed in section 692 of the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26 (Act).

COMPLIANCE WITH AND CONTRAVENTION OF THE LAND USE BYLAW

5. A person who develops land or a building in the municipality shall conform with:

(a) the use or uses prescribed in Schedule 2,

(b) the applicable standards and requirements of development specified in Schedules 2 through 12 inclusive,

(c) any conditions attached to a development permit if one is required.

DEFINITIONS

6. In this bylaw, words importing the singular number of the masculine gender may include the plural number of the masculine gender, the singular number or plural number of the feminine gender, or may also refer to corporate bodies, as the context requires.

The following words shall have the following meaning:

Page 2 Vulcan County Land Use Bylaw No. 2010-010

ACCESSORY BUILDING means any building:

(a) which is separate from the principal building on the lot on which both are located and the use of which the Development Officer decides is normally subordinate and incidental to that of the principal building, e.g. private garages;

(b) the use of which the Development Officer decides is normally subordinate and incidental to that of the principal use of the site on which it is located.

ACCESSORY STRUCTURE means a building or structure detached from a principal building, normally ancillary, incidental, subordinate to the principal building or use. Typical accessory structures include flagpoles, swimming pools, propane tanks, satellite dishes, garages, and garden sheds. When a building is attached to the principal building by a roof, a floor or foundation above or below grade, it is part of the principal building. ACCESSORY USE means a use of a building or site which the Development Officer decides is normally subordinate and incidental to the principal use of the building or site. ACT means the Municipal Government Act, Revised Statutes of Alberta 2000, Chapter M-26, as amended. ADDITION means adding onto an existing building, provided that there are no structural changes to the existing building, no removal of the roof structure, and no removal of the exterior walls, other than that required to provide an opening for access from, and integration of, the existing building to the portion added thereto and there is a common structural connection from the existing building to the addition that includes a foundation, constructed to the minimum standards outlined in the Alberta Building Code, and a roof. AGRICULTURAL PROCESSING INDUSTRIES means the processing of agricultural materials (such as fertilizer or seed) in a warehouse or terminal where such materials may be combined, broken down or aggregated for trans-shipment or storage purposes where the original material is not chemically or physically changed. AGRICULTURAL SERVICE AND REPAIR SHOPS means development for the service or repair of agricultural implements. Cleaning, repairing and sale of parts and accessories are part of this use. AIRPORT means any areas of land designed or set aside for the landing and taking off of aircraft, including all necessary facilities for the housing and maintenance of aircraft. AIRSTRIP, LICENSED – see LICENSED AIRSTRIP. AIRSTRIP, UNLICENSED – see UNLICENSED AIRSTRIP. AMENITY AREA means an area or areas within the boundaries of a project intended for recreational purposes. These may include landscaped areas, patios, balconies, swimming pools and similar uses.


ANIMAL CARE SERVICE, LARGE means development used for the care, treatment, boarding, breeding or training of animals and livestock within or outside buildings and includes the supplementary sale of associated products. This use includes veterinary offices or hospitals, animal shelters, facilities for impounding and quarantining animals and related research facilities. ANIMAL CARE SERVICE, SMALL means development for the on-site treatment or grooming of small animals such as household pets, where on-site accommodation is not normally provided and where all care and confinement facilities are enclosed within a building. This use includes off-site treatment of animals or livestock of any size and the supplementary sale of associated products. Examples include pet grooming salons, pet clinics and veterinary offices. APPROVED USE means a use of land and/or building for which a development permit has been issued by the Development Officer or the Municipal Planning Commission. AREA REDEVELOPMENT PLAN means a statutory plan in accordance with the Act and the municipal development plan for the purpose of all or any of the following:

(a) preserving or improving land and buildings in the area;

(b) rehabilitating buildings in the area;

(c) removing buildings from the area;

(d) constructing or replacing buildings in the area;

(e) establishing, improving or relocating public roadways, public utilities or other services in the area;

(f) any other development in the area. AREA STRUCTURE PLAN means a plan that may be adopted by a Council as an area structure plan pursuant to the Act. AS REQUIRED BY THE MUNICIPAL PLANNING COMMISSION means that a standard or requirement of the Land Use Bylaw may be varied but not completely waived. AUTO BODY AND PAINT SHOP means a premise where the bodies, but not other parts of motor vehicles, are repaired, and where motor vehicle bodies and other metal machines, components or articles may be painted. AUTO SALES AND SERVICE means an enclosed building within which motor vehicles and parts are displayed for sale, and may include a new or used automobile sales lot, and may also include auto repairs, except for body work and painting. BED AND BREAKFAST means a home occupation which provides short-term accommodation, generally not exceeding one week, to the travelling public, tourists or members of the general public.


BERM means a dyke-like form used to separate incompatible areas or functions, or constructed to protect the site or district from vehicular road or other noise. BOARDING OR LODGING HOUSE means a building (other than a hotel or motel) containing not more than 15 sleeping rooms where meals or lodging for five or more persons are provided for compensation pursuant to previous arrangements or agreements. BOAT LAUNCH means a ramp or similar structure that extends from the mainland into a water body for the purpose of placing or removing water craft. BUFFER means a row of trees, hedges, shrubs or berm planted or constructed to provide visual screening and separation between uses, buildings, sites or districts. BUILDABLE AREA means that portion of a lot or parcel which remains after all setbacks, minimum yard dimensions and separation distances have been deducted. BUILDING has the same meaning as it has in the Act. BUILDING HEIGHT means the vertical distance between grade and the highest point of a building excluding an elevator housing, a roof stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a fire wall or a parapet wall and a flagpole or similar device not structurally essential to the building. BULK FERTILIZER STORAGE AND SALES means a development used to store bulk fertilizer for sale and distribution. BULK FUEL STORAGE AND SALES means a facility used for the purpose of storing bulk fertilizer for sale and distribution. CAMPGROUND means an area upon which two or more campsites are located or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education or vacation purposes. CAMPGROUND, PRIVATE – see COMMERCIAL/PRIVATE CAMPGROUND. CEMETERY means a site established for the authorized and concentrated interment of human bodies or remains. CHILD CARE SERVICES means services for the supervision and care of children, and includes day care and nursery school facilities. CLUB HOUSE means a building used for social or recreational activities by a club, group or organization. COMMERCIAL means the use of land and/or buildings for the purpose of public sale, display and storage of goods and/or services on the premises. Any on-premises manufacturing, processing or refining of materials shall be incidental to the sales operation.


COMMERCIAL GREENHOUSE – see INTENSIVE HORTICULTURAL OPERATIONS. COMMERCIAL/PRIVATE CAMPGROUND means:

(a) a use of land or buildings for financial gain where the public is admitted only on payment of a fee, or where admission may include members of a club, organization or association; and

(b) a use of land or buildings intended for seasonal occupancy by holiday or tent trailers, recreation vehicles, tents and similar equipment. This use may include supplementary bathroom and recreational facilities, eating shelters, convenience retail, laundry facilities and dwelling accommodation for the owner/operator as part of the use or, as accessory uses.

COMMERCIAL/PRIVATE RECREATION means the recreational use of land or a building for financial gain where the public is admitted only on the payment of a fee or where admission is limited to members of a club, organization or association. Examples include go-cart tracks, riding stables or academies, golf driving ranges and such other facilities as the Municipal Planning Commission considers similar in character and nature to any one or all of these uses. Commercial/private recreation uses may include dining or eating facilities, retail commercial uses and dwelling or sleeping units, provided that such facilities are accessory uses and clearly incidental to the principal recreational use of land and buildings. COMPREHENSIVE DEVELOPMENT PLAN means a detailed site layout plan for a single lot or two or more adjacent lots which:

(a) shows the location of any existing or proposed buildings; and

(b) describes the potential effect and/or relationship of the proposed development on the surrounding area and the municipality as a whole; and

(c) provides for access roads, water, sewer, power and other services to the satisfaction of the Municipal Planning Commission.

CONDOMINIUM means a building or structure where there exists a type of ownership of individual units, generally in a multi-unit development or project where the owner possesses an interest as a tenant in common with other owners. CONFINED FEEDING OPERATION has the same meaning as it has in the Agricultural Operation Practices Act. COUNTRY RESIDENCE means a use of land, the primary purpose of which is for a dwelling or the establishment of a dwelling in a rural area, whether the dwelling is occupied seasonally, for vacation purposes or otherwise, or permanently. CUT-OFF PARCEL means a piece of land that is separated from the major area of the quarter section by:

(a) a permanent irrigation canal;

(b) a water course;


(c) a railway;

(d) a graded public roadway or highway;

(e) an embankment;

such that it is impractical, in the opinion of the Municipal Planning Commission, to farm or graze the piece of land either independently or with adjacent lands, including those under different ownership. COUNCIL means the Council of Vulcan County in the Province of Alberta. CRITICAL WILDLIFE ZONE means an area which is critical to a significant number of individuals of a species during at least part of the year. This can include, for example, wintering areas for ungulates, nesting or staging areas for waterfowl, colony sites for colonial nesters, and over-wintering areas for upland birds. DEVELOPMENT OFFICER means a person authorized by Council to act as a Development Authority pursuant to section 624(2) of the Municipal Government Act and in accordance with the municipality’s Municipal Planning Commission Bylaw. DEVELOPED RESIDENCE means a dwelling that:

(a) in the opinion of the Municipal Planning Commission is habitable, based on comments from the regional health authority;

(b) has developed legal access;

(c) has electrical and gas utilities available to the site;

(d) has a supply of potable water and a functional sewage disposal system;

(e) is situated on a permanent foundation. DEVELOPMENT has the same meaning as it has in the Act. DEVELOPMENT AGREEMENT means a contractual agreement completed between the municipality and an applicant for a development permit which specifies the public roadways, utilities and other services to be provided by the permit holder as a condition of development approval provided the agreement is in accordance with sections 648, 650, 654 and 655 of the Act, as amended. DEVELOPMENT PERMIT means a document issued pursuant to this bylaw authorizing a development. DISCRETIONARY USE means the one or more uses of land or buildings that are described in Schedule 2 as discretionary uses. DISTRICT means a land use district established under Schedule 2. DRIVE-IN THEATRE means a place for the commercial showing of films on outdoor screens to customers who remain in their motor vehicle.


DUGOUT means an excavation for the seasonal or continuous storage of water. DUPLEX means a building containing two separate dwelling units connected by a common floor or ceiling. DWELLING UNIT means two or more self-contained rooms provided with sleeping, cooking, dining and sanitary facilities intended to be used permanently or semi-permanently as a residence for one or more individuals as a single housekeeping unit. ENVIRONMENTAL RESERVE means any parcel of land specified as environmental reserve by a Subdivision Authority pursuant to section 664 of the Act, as amended. ENVIRONMENTALLY SIGNIFICANT AREAS means the areas identified in the report “Environmentally Significant Areas in the Oldman River Region – County of Vulcan” prepared by Cottonwood Consultants Ltd., 1988. EXISTING PARCEL means a lot or parcel as defined in the Act and for which a certificate of title has been issued. EXOTIC ANIMALS definition as per Wildlife Amendment Act, 1996. EXTENSIVE AGRICULTURE refers to methods used to gain a livelihood on parcels of land containing 64.8 ha (160 acres) or more of dry land, or 32.4 ha (80 acres) or more of irrigated land, or all of the land in a parcel as recorded on the Certificate of Title, by the raising of crops or the rearing of livestock either separately or in a mixed farming operation. FARM/INDUSTRIAL MACHINERY SALES, RENTAL AND SERVICE means the use of land or buildings for the sale, service and/or rental of agricultural implements, vehicles over 13,000 lbs. (5,900 kg) tare weight and heavy machinery used in the operation, construction or maintenance of buildings, roadways, pipelines, oil fields, mining or forestry operations, and in freight hauling operations. Cleaning, repairing and sale of parts and accessories may be allowed as part of the principal use or as accessory uses. FARMSTEAD means a part of a parcel:

(a) that is presently or was formerly used as a single family dwelling;

(b) that is further developed with agricultural buildings such as quonsets and grain bins, accessory buildings, structures such as corrals, storage compounds and/or storage or areas used for farm machinery, produce and fertilizer, dugout and/or water well and septic system;

(c) that is of a compact size and physically defined by topography, shelterbelts or other physical characteristics;


(d) that does not include any cultivated farmland, pasture land used for grazing of animals or lands unsuitable for agricultural production unless included within a shelter belt and/or physically defined area. Fencing alone shall not constitute a physically defined area if it encompasses agricultural land or hazard lands that are not necessary for the habitation of the proposed subdivision and that may be left with the larger agricultural parcel unless impractical to do so.

FARM SUPPLIES AND SERVICE means the use of land or buildings for the sale, storage and distribution of grain (including grain elevators), livestock feed, fertilizer and chemicals used in agriculture. FERTILIZER STORAGE AND SALES means a facility used for the purpose of storing fertilizer for sale and distribution. FERTILIZER STORAGE AND SALES, BULK means a facility used for the purpose of storing bulk fertilizer for sale and distribution. FOURPLEX DWELLING means a form of cluster housing containing four dwelling units, where:

(a) each unit has two contiguous or abutting walls which provide fire separation from the adjacent dwelling units;

(b) two of the dwelling units ordinarily face the front yard, and two dwelling units ordinarily face the rear yard; and

(c) each unit is provided with its own separate primary access to the outdoors. GARDEN SUITE means a small, portable, self-contained manufactured housing unit moved into a residential area sited in conjunction with a single family dwelling located on the same lot and used to temporarily accommodate one or more elderly individuals usually related to the host family. GENERAL WAREHOUSING AND STORAGE means a facility for the storage of goods and merchandise and may include offices related to the administration of the warehouse facility and/or the retail sale of goods stores in the warehouse. GRANDFATHERED DEVELOPMENT means a use of land or buildings that has been in existence and/or operational prior to adoption of the present Land Use Bylaw that is lawfully allowed to exist in its present state even though it may not comply with the uses or standards allowed within the present Land Use Bylaw. GOLF COURSE means an outdoor use/establishment of varying size where the land is developed primarily to accommodate the game of golf. Accessory uses include a pro shop, driving range and/or proactive facility, food service, and other commercial uses typically associated with a golf course club house facility. GRAIN ELEVATOR means a facility for the collection, grading, sorting, storage, and transhipment of grains.


GROUP CAMP means a number of individuals taking part in the same educational or extracurricular activities. GROUPED COUNTRY RESIDENTIAL DEVELOPMENT means two or more contiguous country residential lots. HAZARDOUS USES – see definition for NOXIOUS/HAZARDOUS USES. HIGHWAY means a highway or proposed highway that is designated as a provincial highway. HIGHWAY COMMERCIAL means a use which provides goods and/or services required by the motoring public such as, but not necessarily limited to, service stations, cafes, restaurants, motor hotels, public roadside rest stops and campgrounds, recreation vehicle sani-dumps and private commercial recreation development. HOME OCCUPATION means the ancillary use of a dwelling unit (and/or its accessory buildings or lands) by any trade, profession or craft for gainful employment involving the manufacture, processing, provision or sale of goods and/or services. HORTICULTURAL OPERATION FACILITY – see INTENSIVE HORTICULTURAL OPERATION FACILITY. INDUSTRY:

ISOLATED INDUSTRY means industrial uses located or proposed to be located on parcels of land not adjacent to other proposed or existing industrial uses.

LIGHT INDUSTRY means the manufacture or processing of products which do not create and emit fumes, gases, smoke, vapours, vibrations, noise or glare or other factors which are regarded as nuisances and which could cause adverse effects on the users of nearby land.

NOXIOUS INDUSTRY means industry which involves processing of an extractive or agricultural resource which is deemed to be hazardous, noxious, unsightly or offensive and cannot therefore be compatibly located in an urban environment. Examples should include, but are not necessarily limited to: anhydrous ammonia storage, abattoirs, oil and gas plants, seed cleaning plants, bulk fuel depots, livestock sales yards, gravel/sand pits or stone quarries, plants or lagoons, veterinary clinics and kennels, auto wreckers or other such uses determined by the Municipal Planning Commission to be similar in nature.

INTENSIVE HORTICULTURAL OPERATION means any relatively small parcel of land and/or buildings which are employed for the commercial production and sales, on or off site, of specialty crops grown by high yield and density techniques. Examples include, but are not necessarily limited to, greenhouses, nurseries, hydroponic or market gardens, mushroom or tree farms. KENNEL means an establishment in which more than three dogs, more than one year old, are housed, groomed, bred, boarded, trained or sold.


LICENSED AIRSTRIPS means land licensed as an airstrip as determined by the appropriate federal department. LIGHT INDUSTRIAL/MANUFACTURING means development used for manufacturing, fabricating, processing, assembly, production or packaging of goods or products, as well as administrative offices and warehousing and wholesale distribution uses which are accessory uses to the above, provided that the use does not generate any detrimental impact, potential health or safety hazard or any nuisance beyond the boundaries of the developed portion of the site or lot upon which it is situated. LODGING HOUSE – see BOARDING AND LODGING HOUSE. LOT has the same meaning as it has in the Act. LUMBER YARD means a place where lumber, building materials and other related goods are stored, offered, or kept for sale. MACHINERY AND EQUIPMENT SALES, RENTAL AND SERVICE means the use of land or buildings for the sale, service and/or rental of machinery, vehicles over 13,000 lbs. (5,900 kg) tare weight and heavy machinery used in the operation, construction or maintenance of buildings, roadways, pipelines, oil fields, mining or forestry operations, and in freight hauling operations. Cleaning, repairing and sale of parts and accessories may be allowed as part of the principal use or as accessory uses. MANUFACTURED HOME SALES AND SERVICE means development for the sale, rental or storage of new and used manufactured homes, and includes supplementary maintenance services and the sale of parts and accessories. MANUFACTURED HOME 1 means a building which is constructed in conformance to the Alberta Safety Codes and the Canadian Standards Association Regulation. It is designed and constructed entirely within a factory environment, supported on longitudinal floor beams, contains factory installed electrical, plumbing and heating systems and transported on its own chassis and dollies (wheel) system or flat bed truck in not more than two pieces to a site. The building, when placed and anchored on foundation supports and is connected to utilities, is ready for human occupancy and has not been occupied previously. For the purposes of this bylaw, a manufactured home does not include a “modular home” or “ready-to-move home”. MANUFACTURED HOME 2 means the same as manufactured home 1 except that it has been occupied previously as a dwelling. MANUFACTURED HOUSING COMMUNITY means a comprehensively planned development for manufactured homes which may or may not be placed on permanent foundations that may include amenity areas or facilities for the use of the community’s residents. MARKETS FOR FARM PRODUCE means the display and sale of farm produce or goods.


MARINA means a dock or basin providing secure moorings for boats. MINIMUM BUILDING SETBACK means the shortest distance between the wall of a building and a designated lot line. MODULAR HOME means a building which is constructed in conformance to Alberta Safety Codes and Canadian Standards Association Regulation. It is a factory-built, transportable building which is designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The building, when placed and anchored on a permanent foundation and is connected to utilities, is ready for human occupancy. Portions of the electrical, plumbing and heating systems may not be factory installed. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated sub-elements which are to be incorporated into a structure at the site. For the purposes of this bylaw, a modular home does not include a “manufactured home”. MOVED-IN BUILDING means a conventional, preconstructed, previously occupied building which is physically removed from one site, transported and re-established on another site and does not include mobile homes. For the purposes of this bylaw, a moved-in building does not include motor homes, travel trailers, recreation vehicles and any similar vehicles that are neither intended for permanent residential habitation nor subject to the current provincial building requirements. MOVED-IN DWELLING means a conventional, preconstructed, previously occupied dwelling which is physically removed from one site, transported and re-established on another site and does not include manufactured homes. For the purposes of this bylaw, a moved-in dwelling does not include motor homes, travel trailers, recreation vehicles and any similar vehicles that are neither intended for permanent residential habitation nor subject to the current provincial building requirements. MULTI-FAMILY DWELLING means a building (other than a rowhouse dwelling) containing three or more separate dwelling units. MUNICIPAL PLANNING COMMISSION (MPC) means the Municipal Planning Commission established by bylaw. MUNICIPAL RESERVE means the land specified to be municipal reserve by a Subdivision Authority pursuant to section 666 of the Act. MUNICIPAL/SCHOOL RESERVE means the land specified to be municipal and school reserve by a Subdivision Authority pursuant to section 666 of the Act. MUNICIPALITY means the geographic area of Vulcan County. NATURAL RESOURCE EXTRACTIVE USES - see RESOURCE EXTRACTION AND ASSOCIATED WORKS.


NON-CONFORMING BUILDING, in accordance with the Act, means a building:

(a) that is lawfully constructed or lawfully under construction at the date a Land Use Bylaw or any amendment thereof affecting the building or land on which the building is situated becomes effective; and

(b) that on the date the Land Use Bylaw or any amendment thereof 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 or any amendment thereof affecting the land or building becomes effective; and

(b) that on the date the Land Use Bylaw or any amendment thereof becomes effective does not, or in the case of a building under construction, will not comply with the Land Use Bylaw.

NOXIOUS/HAZARDOUS USES means those uses which by their nature are harmful or destructive and may cause or contribute to an increase in mortality or serious illness. NURSERIES AND TREE FARMS – see INTENSIVE HORTICULTURAL OPERATION. OFFICE means development to accommodate:

(a) professional, managerial and consulting services;

(b) the administrative centres of businesses, trades, contractors and other organizations; and

(c) service-related businesses such as travel agents, insurance brokers, real estate agents. OUTDOOR STORAGE means the open storage of goods, merchandise or equipment outside a building. PARKS AND PLAYGROUNDS means land developed for public recreational activities that do not require major buildings or facilities, and includes picnic areas, playgrounds, pedestrian and bicycle paths, landscaped areas and associated public washrooms. This may include public open space, which is not in private ownership and is open to use by the public. PARCEL has the same meaning it has in the Act. PERMITTED USE means the one or more uses of land or buildings that are described in Schedule 2 as permitted uses. PLANNING ADVISOR means the person or organization retained by Vulcan County to provide planning-related advice or services. PRE-FABRICATED BUILDING MANUFACTURER means development used for manufacturing, fabricating, processing, assembly, production or packing of pre-fabricated buildings, as well as administrative offices and warehousing and wholesale distribution uses which are


accessory uses to the above, provided that the use does not generate any detrimental impact, potential health or safety hazard or nuisance beyond the boundaries of the developed portion of the site or lot upon which it is situation. PRIVATE CAMPGROUND – see COMMERCIAL/PRIVATE CAMPGROUND. PRINCIPAL BUILDING means a building which:

(a) is the main building on a lot; or

(b) by reason of its use, is the primary purpose for which the lot is used. PRINCIPAL USE means the main purpose for which a lot, parcel, or building is used or intended to be used. PRIVATE RECREATION means the for-profit or commercial development of sports or recreational activities and may include eating and retail areas. PROHIBITED USE means one or more uses of land or buildings that are either described in a land use district as prohibited uses or are not mentioned as either permitted or discretionary uses and are not deemed to be similar in nature to either a permitted or discretionary use within a particular land use district. PROVINCIAL LAND USE POLICIES means policies established by order of the Lieutenant Governor in Council pursuant to section 622 of the Act. PUBLIC AND INSTITUTIONAL USE means a use of land or buildings for any of the following public or semi-public developments:

(a) a school or educational facility whether public or private;

(b) churches or places of worship;

(c) medical facilities which provide both in-patient and out-patient services including hospitals, nursing homes and sanatoriums;

(d) government and municipal offices, libraries and similar developments;

(e) medical and health facilities which provide care on an out-patient basis including medical and dental services, clinic, occupational health and safety offices, counselling services and chiropractic and naturopathic services; and

(f) such other uses as the Municipal Planning Commission considers similar in nature and character to any one of these. "Club and fraternal organization", "Office", "Public utility", and "Public park or recreation use" are separate uses.

PUBLIC BULIDING means a building that is owned and/or administered by any level of government. PUBLIC DAY USE AREA means a public area of land provided for use during daylight hours that is owned and/or administered by any level of government.


PUBLIC OR QUASI-PUBLIC BUILDING OR USE means a facility owned or operated by or for the municipality, the provincial government, the federal government, or a corporation which is an agent of the Crown under federal or provincial statute for the purpose of furnishing services or commodities to or for the use of the inhabitants of the municipality. PUBLIC PARK OR RECREATION USE means a public park, playground, recreation area, indoor or outdoor rink, gymnasium, sportsfield, campground, historic or archaeological site or any similar facility or use of land or buildings provided that the park, playground, recreation area or similar facility is owned and/or administered by any level of government. PUBLIC PICNIC AREA means land, structures or buildings used for picnicking or similar activities, which is not in private ownership and is open to the use by the public. PUBLIC OR PRIVATE UTILITY means any one or more of the following:

(a) systems for the distribution of gas, whether artificial or natural;

(b) facilities for the storage, transmission, treatment, distribution or supply of water;

(c) facilities for the collection, treatment, movement or disposal of sanitary sewage;

(d) storm sewage drainage facilities;

(e) telecommunications systems;

(f) systems for the distribution of artificial light or electrical power;

(g) facilities used for the storage of telephone, cable, remote weather stations or internet infrastructure;

(h) any other things prescribed by the Lieutenant Governor in Council by regulation. PUBLIC UTILITY means any public utility including those as defined in the Act, but excluding those that are exempted by the Act or the Lieutenant Governor in Council pursuant to section 618(4) of the Act. Subject to the Act and any Orders in Council, a "Public utility" may include but is not limited to sewage treatment facilities, water treatment facilities, highway weigh scales and highway maintenance yards and sanitary landfill sites. "Public and institutional use" and "Public park or recreation use" are separate uses. PUBLIC UTILITY BUILDINGS AND INSTALLATIONS means any building or installation associated with a PUBLIC UTILITY. QUARTER SECTION means a titled area of approximately 64.8 ha (160 acres). READY-TO-MOVE HOME means a previously unoccupied dwelling constructed at a place other than its permanent location (off-site) which is built to current Alberta Safety Codes Standards and is transported in whole or in parts, complete with paint, cabinets, floor covering, lighting and plumbing fixtures, to a site and placed on a permanent wood or concrete basement foundation. For purposes of this bylaw, a ready-to-move home does not include a manufactured home, modular home or moved-in buildings. RECREATION, PRIVATE – see PRIVATE RECREATION.


RECREATIONAL FACILITY means a facility that is available to the public at large for recreational activities. This may include public or private development and may include eating and retail sales. RECREATIONAL VEHICLE means a portable structure designed and built to be carried on a vehicle, or a unit designed and built to be transported on its own wheels to provide a temporary living accommodation for travel and recreational purposes and includes, but is not limited to, such vehicles as a motor home, a camper, a holiday trailer, travel trailer, a fifth wheel trailer and a tent trailer, but does not include a manufactured home or modular home as defined in this bylaw. RECYCLING FACILITY means the use of land or buildings for the purchasing, receiving and/or temporary storage of discarded articles, provided that the use does not generate a detrimental effect or nuisance beyond the boundaries of the lot or site on which it is situated. A "Recycling facility" may involve supplementary production of by-products or material and includes bottle, can and paper recycling depots. RESOURCE EXTRACTION AND ASSOCIATED WORKS means those uses of land or buildings which are governed by the location of a natural resource and which involve the extraction or on-site processing and/or storage of a natural resource, except those industries which are “Noxious or hazardous industries”. “Resource extraction and associated uses” include the following:

(a) cement and concrete batching plants;

(b) sand and gravel operations;

(c) logging and forestry operations, including sawmills; and

(d) such other uses as established by Council or the Municipal Planning Commission to be similar to any one or all of the above uses.

REGIONALLY SIGNIFICANT AREA means a public park, designated historic or archaeological site, environmentally sensitive area, forest reserve or any similar facility owned and/or administered by any level of government, including provincial highways. REGISTERED OWNER means:

(a) in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the Minister of the Crown having the administration of the land; or

(b) in the case of any other land:

(i) the purchaser of the fee simple estate in the land under an agreement for sale that is the subject of a caveat registered against the certificate of title in the land, and any assignee of the purchaser’s interest that is the subject of a caveat registered against the certificate of title; or

(ii) in the absence of a person described in paragraph (i), the person registered under the Land Titles Act as the owner of the fee simple estate in the land.


RESIDENTIAL ACCOMMODATION IN CONJUNCTION WITH AN APPROVED RECREATIONAL USE means a residential unit that is associated with a recreational use so that the dwelling unit is a supplementary use to that principal use. RESIDENTIAL USE IN CONJUNCTION WITH AN APPROVED COMMERCIAL USE means a residential unit that is associated with a commercial building so that the dwelling unit is a supplementary use to that principal use. RESIDENTIAL USE IN CONJUNCTION WITH AN APPROVED INDUSTRIAL USE means a residential unit that is associated with an industrial use so that the dwelling unit is a supplementary use to that principal use. RESTAURANT means development where food and beverages are prepared and served and includes supplementary alcoholic beverage service and supplementary on- or off-premises catering services. This term includes restaurants, cafes, lunch and tea rooms, ice cream parlours, banquet facilities, take-out restaurants and such other uses as the Municipal Planning Commission considers similar in character and nature to any one of these uses. RETAIL means premises where goods, merchandise, substances, articles, and other materials, are offered for sale at retail to the general public and includes limited on-site storage or limited seasonal outdoor sales to support that store’s operations. Typical uses include but are not limited to grocery, bakery, hardware, pharmaceutical, appliance, clothing, and sporting goods stores. These uses exclude warehouse sales and the sale of gasoline, heavy agricultural and industrial equipment, alcoholic beverages, or retail stores requiring outdoor storage. Minor government services, such as postal services, are permitted within general retail stores. RETAIL STORE means a building where goods, wares, merchandise, substances, articles or things are stored, offered or kept for sale at retail, and includes storage on or about the store premises of limited quantities of such goods, wares, merchandise, substances, articles or things sufficient only to service such a store. RIDING STABLE means a compound designed with stalls for the housing, bedding or confinement of animals used for riding purposes. RODEO GROUNDS means an agricultural-recreation oriented facility where exhibiting horses and cattle and giving exhibitions of the speed, breeding and management of livestock and husbandry is a few of its functions and purposes, and which may also include facilities (arena, chutes, grandstand, corrals, stables, concession booths, etc.) to carry out such purpose, and may be managed by civic, private or non-profit organizations. ROWHOUSE DWELLING OR TOWNHOUSE means a residential building containing three or more dwelling units, where each dwelling unit is joined in whole or in part at the side only and where no dwelling unit is located in whole or in part above another dwelling unit. Each dwelling unit in a rowhouse is separated from the abutting dwelling unit by a wall, generally extending from the foundation to the roof, and each dwelling unit is provided with its own direct access from grade.


TRAVEL TRAILER – see RECREATIONAL VEHICLE. TREE FARMS – see NURSERIES AND TREE FARMS. SCHOOL means a place of instruction offering courses of study. Included in the category are public, private, and separate schools. SCRAP YARD means a facility where materials are stored temporarily on the site for reprocessing into scrap materials for sale or where useable parts for used goods, equipment or vehicles are sold. SECONDARY FARM RESIDENCE means a developed residence in addition to the primary farm residence. SEED CLEANING PLANT means a building or facility used for the storage and preparation of seed used in agriculture. SEMI-DETACHED DWELLING means a building containing separate dwelling units connected by a common wall, but legally subdivided by a property line. SENIOR CITIZEN HOUSING means development, including lodges, which is used as a residence for elderly individuals not requiring constant or intensive medical care. SERVICE STATION means any lot or building used for the retail sale of motor accessories, gasoline or other fuels and the supply of washing, greasing, cleaning and minor repair services for motor vehicles. SHALL means that an action is mandatory. SHOULD means that an action is recommended. SIGN means any development:

(a) constructed and permanently affixed directly or indirectly to any building, structure, window or a parcel of land; and/or

(b) which is used to advertise, identify or display a commercial or non-commercial activity, product, place, organization, institution, person, service, event or location, by any means, including words, letters, figures, design, symbols, fixtures, colours, illumination or projected images and in such a manner as to be visible from any public place, but does not include any real estate sign, window display, political poster, flags, graffiti, athletic scoreboards or any traffic or directional and information signage erected by Vulcan County, the provincial or federal governments and their agencies.

SIMILAR USE means a use of land or buildings for a purpose that is not provided for in any district designated in this bylaw, but is deemed by the Municipal Planning Commission to be similar in character and purpose to another use of land or buildings that is included within the list of uses prescribed for that district.


SINGLE DETACHED DWELLING means a freestanding residential dwelling containing one dwelling unit stick built on site, not forming part of and not physically attached to any other dwelling or structure. SITE means that part of a parcel or a group of parcels on which a development exists or for which an application for a development permit is being made. SOD FARM means the commercial growing of sod through seeding and stripping of topsoil to sell the final product. STATUTORY PLAN means a municipal development plan, area structure plan or area redevelopment plan adopted under the Municipal Government Act. STICK BUILT BUILDINGS means structures or buildings that are built on site with one piece of lumber at a time. STOP ORDER means an order issued by the Development Authority pursuant to section 645 of the Act. STORAGE AND SERVICE YARDS means an area for the outdoor storage, servicing of heavy equipment, construction material and equipment used for oil and gas exploration or mining, or all of these. STORAGE SHED means an accessory structure to store equipment and supplies. STRIPPING AND SALE OF TOPSOIL involves the stripping of topsoil and the sale or trade of such topsoil for commercial purposes. SUBDIVISION means the division of a parcel by an instrument, and “subdivide” has a corresponding meaning. SUBDIVISION AND DEVELOPMENT APPEAL BOARD means the tribunal established, by bylaw, to act as the municipal appeal body for subdivision and development. SUBDIVISION AND DEVELOPMENT REGULATION means regulations established by order of the Lieutenant Governor in Council pursuant to section 694 of the Act. SUBDIVISION APPROVAL means the approval of a subdivision by the Subdivision Authority. SUBDIVISION AUTHORITY means the person or body empowered to approve a subdivision. UNLICENSED AIRSTRIPS means an unlicensed airport as determined by the appropriate federal department. UNSUBDIVIDED QUARTER SECTION means a titled area of 64.8 ha (160 acres) more or less, but excluding road widenings, previous subdivision for school sites and other public uses.


URBAN MUNICIPALITY means the area of a town or village. UTILITIES means any one or more of the following:

(a) systems for the distribution of gas, whether artificial or natural;

(b) facilities for the storage, transmission, treatment, distribution or supply of water or electricity;

(c) facilities for the collection, treatment, movement or disposal of sanitary sewage;

(d) storm sewage drainage facilities;

(e) any other things prescribed by the Lieutenant Governor in Council by regulation;

but does not include those systems or facilities referred to in subclauses (a) to (d) that are exempted by the Lieutenant Governor in Council by regulation. VETERINARY CLINIC – see ANIMAL CARE SERVICE. WAREHOUSING AND STORAGE – see GENERAL STORAGE AND WAREHOUSING. WAIVER means the relaxation or variance of a development standard established in the Land Use Bylaw. For the purpose of this bylaw, only the Municipal Planning Commission or, on appeal, the Subdivision and Development Appeal Board can waive provisions of the Land Use Bylaw. WASTE MANAGEMENT SITES means a development for the commercial receiving of spent materials, provided that they may generate a detrimental effect or nuisance beyond the parcel or lot upon which it is situated. This use includes auto wreckers, salvage and scrap yards as well as the following uses: a dry waste site, a hazardous waste management facility and a waste sorting station. This use does not include a “Recycling Facility”. WASTE MANAGEMENT TRANSFER STATION means a facility for the collection and temporary holding of solid waste in a transfer storage container. WASTEWATER TREATMENT PLANT meaning is the same as referred to in the Subdivision and Development Regulation and has the same meaning as in the Environmental Protection and Enhancement Act and includes a wastewater treatment stabilization plant. WATER TREATMENT PLANT means a facility that treats raw water so that it is safe for human consumption and then distributes it for human use. WELDING SHOP means a business engaged in the fabrication, assembly or repair of machinery or equipment by heating materials to a fluid state and uniting or consolidating them at a common point known as a weld. WIND ENERGY CONVERSION SYSTEMS – see SCHEDULE 7 - POWER GENERATION FACILITIES. WHOLESALE STORE means development for the sale of goods which are warehoused in bulk on the premises, displayed or catalogued for customer selection.


YARD means the minimum required open space, on a site, that lies between the principal or accessory building or structure and the nearest lot line. YARD, FRONT means a yard extending across the full width of the site and measured, as to depth, at the least horizontal distance between the front street line and the nearest projection of the principal building. YARD, REAR means a yard which extends the full width of a site and measured, as to depth, at the least horizontal distance between the rear property line and the nearest projection of any building.

DEVELOPMENT AUTHORITY

7. For the purpose of this bylaw the Development Authority shall be:

(a) the Development Officer, or

(b) the Municipal Planning Commission.

DEVELOPMENT OFFICER

8. The Council shall, by resolution, appoint one or more persons to the office of Development Officer.

9. The Development Officer may:

(a) perform only such powers and duties as are specified in this bylaw or by resolution of Council;

(b) waive up to 10 percent of any one (1) numeric standard of this bylaw for any permitted use if, in their opinion, the waiver would not adversely affect the neighbourhood in accordance with section 41. The Development Officer may refer a request for a 10 percent waiver to the Municipal Planning Commission.

(c) issue an order under section 645 of the Act whenever it considers it necessary to do so.

10. The Development Officer is responsible for:

(a) receiving, processing, deciding upon and, as appropriate, referring all applications for a development permit in accordance with this bylaw;

(b) maintaining a register of all applications together with their disposition and other relevant details.

MUNICIPAL PLANNING COMMISSION

11. For the purposes of this bylaw, the Municipal Planning Commission is the Subdivision and Development Authority and may perform only such powers and duties as are specified:

(a) in the Vulcan County Municipal Planning Commission Bylaw 98-011,


(b) in this bylaw,

(c) in the Act, or

(d) by resolution of Council. 12. The Municipal Planning Commission is authorized to issue an order under section 645 of

the Act whenever it considers it necessary to do so. 13. The Municipal Planning Commission may act as a Development Officer in addition to or in

place of a Development Officer, as specified in the Act and this bylaw.

APPLICATION FEES

14. Application fees are prescribed by Council under a separate bylaw and are found in Appendix A know as the Fees and Charges Bylaw.

15. Refund or adjustment of prescribed fees requires the approval of Council. 16. Whenever an application is received for a development or use not listed in the Fees and

Charges Bylaw, the amount of the fee shall be determined by the Development Officer or the Municipal Planning Commission and shall be consistent with those fees listed in the schedule.

APPENDICES

17. Appendices A through C attached hereto are for information purposes only and do not form part of this bylaw.

METRIC STANDARDS

18. The metric standards in this bylaw are applicable. Imperial standards are provided only for convenience.

CONTRAVENTION OF BYLAW

19. Any person who contravenes any provision of this bylaw is guilty of an offence in accordance with Part 13, Division 5, Offences and Penalties of the Municipal Government Act and is liable to a fine of not more than $10,000 or to imprisonment for not more than one year or to both fine and imprisonment.

Land Use Districts & Development In General

LAND USE DISTRICTS

20. The municipality is divided into those districts specified in Schedule 1 and shown on the Land Use Districts Map.


21. The one or more uses of land or buildings that are:

(a) permitted uses in each district, with or without conditions; and/or

(b) discretionary uses in each district, with or without conditions;

are described in Schedule 2.

22. A land use not listed as a permitted or discretionary use but which is reasonably similar in character and purpose to a permitted or discretionary use in that district may be deemed a similar use by the Municipal Planning Commission.

23. A land use not listed as a permitted or discretionary use or deemed similar in nature to a use in a district is prohibited.

DEVELOPMENT IN MUNICIPALITY GENERALLY

24. A person who develops land or a building in the municipality shall comply with the applicable standards and requirements of development specified in this bylaw, in addition to complying with the use or uses prescribed in the applicable land use district and any conditions attached to a development permit if one is required.

NON-CONFORMING USES AND BUILDINGS

25. If a development permit has been issued on or before the day on which this bylaw or a land use amendment bylaw comes into force in a municipality and the bylaw would make the development in respect of which the permit was issued a non-conforming use or non-conforming building, the development permit continues in effect in spite of the coming into force of the bylaw.

26. A non-conforming use of land or a building may be continued but if that use is discontinued for a period of six (6) consecutive months or more, any future use of the land or building must conform with the Land Use Bylaw then in effect.

27. 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, may not be enlarged or added to and no structural alterations shall be made to it or in it.

28. A non-conforming use of part of a lot may not be extended or transferred in whole or in part to any other part of the lot and no additional buildings may be constructed on the lot while the nonconforming use continues.

29. A non-conforming building may continue to be used, but the building may not be enlarged, added to, rebuilt or structurally altered except:

(a) to make it a conforming building, or

(b) as the Development Officer considers necessary for the routine maintenance of the building, in accordance with the variance powers provided for in Section 643(5)(c) of the Act.


30. If a non-conforming building is damaged or destroyed by more than 75 percent of the value of the building above its foundation, the building may not be repaired or rebuilt except in accordance with this bylaw.

31. The land use or the use of a building is not affected by a change of ownership or tenancy of the land or building.

32. Where a proposed lot contains different dimensions than those prescribed within the land use district in effect, or will result in an existing or future building not conforming with the height or setback requirements prescribed within the district in effect, it may be approved where, in the opinion of the Development Officer, the noncompliance with the district regulations is:

(a) minor in nature;

(b) consistent with the general character of the area; and

(c) does not interfere with the use, enjoyment or value of the neighbouring properties.

NUMBER OF DWELLINGS ON A PARCEL

33. No person shall construct or locate or cause to be constructed or located more than one dwelling on a parcel unless authorized by the Municipal Planning Commission through the issuance of a development permit and only where allowed in the land use district for which the application was made.

SUITABILITY OF SITES

34. Notwithstanding that a use of land may be permitted or discretionary or considered similar in nature to a permitted or discretionary use in a land use district, the Development Officer or the Municipal Planning Commission as applicable may refuse to approve a subdivision or issue a development permit if, in their opinion, the site of the proposed building or use is not safe or suitable based on the following:

(a) does not have safe legal and physical access to a maintained road in accordance with municipal requirements or those of Alberta Transportation if within 304.8 m (1000 ft.) of a provincial highway;

(b) has a high water table which makes the site unsuitable for foundations and/or sewage disposal systems in accordance with provincial regulations;

(c) is situated on an unstable slope;

(d) consists of unconsolidated material unsuitable for building;

(e) is situated in an area which may be prone to flooding, subsidence or erosion;

(f) does not comply with the requirements of the Provincial Land Use Policies, Subdivision and Development Regulation, Municipal Development Plan or applicable area structure plan;

(g) is situated over an active or abandoned coal mine or oil or gas well or pipeline;


(h) would expose the structure itself and/or people living and working there to risk from the operations of a nearby airstrip;

(i) is unsafe due to contamination by previous land uses;

(j) has an inadequate or unsafe water supply;

(k) is incompatible with all existing and approved use of surrounding land;

(l) is situated closer to a confined feeding operation than the minimum distance separation recommended by the Natural Resources Conservation Board;

(m) would materially interfere with the natural and economic expansion of an existing agricultural operation or its proposed expansion;

(n) does not meet the lot size and/or setback requirements of this bylaw;

(o) would prevent or interfere with the natural and economic extension of a nearby developed area, a coal mine, an oil or gas field, a sewage treatment plant, a waste disposal or transfer site, a gravel pit, a pipeline or a road system; or

(p) is subject to any easement, caveat, restrictive covenant or other registered encumbrance which makes it impossible to build on the site.

35. Nothing in this section shall prevent the Development Officer or Municipal Planning

Commission, as applicable, from approving a lot for subdivision or issuing a development permit if the Officer or the Commission is satisfied that there is no risk to persons or property or that these concerns will be met by appropriate engineering measures or other mitigating measures.

DEVELOPMENT AGREEMENTS

36. The Development Officer or the Municipal Planning Commission may require with respect to development that as a condition of issuing a development permit, the applicant enter into a development agreement in accordance with the Act.

Development Permits

DEVELOPMENT PERMIT APPLICATIONS

37. Except as provided in Schedule 3, no person shall commence a development unless he/she has been issued a development permit in respect of the proposed development.

38. An application for a development permit must be made to the Development Officer by submitting to him/her:

(a) a completed development permit application,

(b) the application fee prescribed, and


(c) such other information as may be required by the Development Officer including:

(i) a site plan indicating:

• legal description and the location of existing and proposed development in relation to lot boundaries;

• all property lines and easements;

• roads, water bodies, topography, vegetation and other physical features of the land to be developed; and

• north arrow and scale;

(ii) floor plans, elevations and sections at a minimum scale of 1:200 or such other scale as required by the Development Officer; and

(iii) studies of projected traffic volumes, utilities, landscaping, urban design, parking, social and economic effects, environmental impact assessment, slope, soil, flood plain, sun and wind impact studies or any other information as required by the Development Officer.

39. An application for a development permit must be made by the owner of the land on which the development is proposed or, with the consent of the owner, by any other person. The Development Officer may request a current title documenting ownership.

PERMITTED USE APPLICATIONS

40. Upon receipt of a completed application for a development permit for a permitted use that conforms with this bylaw, the Development Officer:

(a) shall issue a development permit with or without conditions; or

(b) may refer an application to the Municipal Planning Commission for a decision.

41. Upon receipt of a completed application for a permitted use that requests a minor waiver not to exceed 10 percent of a measurable standard of this bylaw, the Development Officer:

(a) may grant the minor waiver not to exceed 10 percent of a measureable standard of this bylaw and issue the development permit with or without conditions if, in the opinion of the Development Officer, the waiver would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land; or

(b) may refer a development application involving a request for a minor waiver of any measureable standard in the bylaw to the Municipal Planning Commission for a decision;

(c) granting a minor waiver under this section does not require notification of persons likely to be affected prior to issuance of a development permit.

42. Upon receipt of a completed application for a permitted use that requests more than one minor waiver or a waiver(s) exceeding 10 percent of any measurable standard of this bylaw, the Development Officer shall refer the application to the Municipal Planning Commission for a decision pursuant to Sections 43 and 44.


43. The Development Officer or Municipal Planning Commission may place any of the following conditions on a development permit for a permitted use:

(a) requirement to enter into a development agreement, including requirements for oversize improvements;

(b) pay any applicable off-site levy or redevelopment levy;

(c) geotechnical investigation to ensure that the site is suitable in terms of topography, soil characteristics, flooding subsistence, erosion and sanitary sewerage servicing;

(d) alteration of a structure or building size or location to ensure any setback requirements of this Land Use Bylaw or the Subdivision and Development Regulation can be met;

(e) any measures to ensure compliance with the requirements of this Land Use Bylaw or any statutory plan adopted by the Vulcan County;

(f) easements and encroachment agreements;

(g) public utilities, other than telecommunications systems or works, and vehicular and pedestrian access;

(h) repairs or reinstatement of original condition of road, streets or approaches which may be damaged or destroyed or otherwise altered by development or building operations upon the site, to the satisfaction of the Development Officer;

(i) to give security in the form of an irrevocable letter of credit to ensure the terms of the permit approval under this section are carried out;

(j) any measures to ensure compliance with applicable provincial legislation.

DISCRETIONARY USE APPLICATIONS

44. Upon receipt of a completed application for a development permit for a discretionary use, the Development Officer shall send it to the Municipal Planning Commission.

45. Upon receipt of an application under sections 44 or 46, the Municipal Planning Commission

shall notify or cause to be notified in accordance with Sections 56 and 57:

(a) those persons likely to be affected by the issue of a development permit;

(b) those municipalities if, in the opinion of the Municipal Planning Commission, the proposed development could have an impact on land uses in that municipality;

(c) those Vulcan County departments that may be affected; and

(d) those government departments and referral agencies as applicable. 46. Upon receipt of a completed application for a development permit for a development that

does not comply with this bylaw, but in respect of which the Municipal Planning Commission is requested by the applicant to exercise discretion under section 38, the Development Officer shall send the application to the Municipal Planning Commission.


47. After consideration of any response to the notifications of persons likely to be affected, including Vulcan County departments, government departments and referral agencies as applicable, compatibility and suitability of the proposed use, and any other matters, the Municipal Planning Commission may:

(a) issue a development permit with or without conditions; or

(b) refuse to issue a development permit application, stating the reasons.

48. The Municipal Planning Commission may place any of the conditions stipulated in Section 43 on a development permit for a discretionary use in any land use district, in addition to any other conditions necessary to ensure the quality, suitability and compatibility of a development with other existing and approved uses in the area.

APPLICATIONS REQUESTING WAIVERS OF BYLAW PROVISIONS

49. Upon receipt of an application for a development permit that does not comply with this bylaw but in respect of which the Municipal Planning Commission is requested by the applicant to exercise discretion under Section 50, the Development Officer shall:

(a) refer the application to the Municipal Planning Commission for a decision; and

(b) notify persons likely to be affected including adjacent municipalities, government departments and any other referral agency in accordance with Sections 56 and 57.

50. The Municipal Planning Commission is authorized to decide upon an application for a

development permit notwithstanding that the proposed development does not comply with this bylaw, if in the opinion of the Municipal Planning Commission the proposed development would not:

(a) unduly interfere with the amenities of the neighbourhood; or

(b) materially interfere with or affect the use, enjoyment or value of neighbouring properties; and

(c) the proposed development conforms with the use prescribed for that land or building under Schedule 2.

SIMILAR USE APPLICATIONS

51. Upon receipt of an application for a development permit for a use that is not specifically listed in any land use district, but which may be similar in character and purpose to other uses of land and buildings permitted by the bylaw in the land use district in which such use is proposed, the Development Officer shall, at the request of the applicant:

(a) refer the application to the Municipal Planning Commission for a decision; and

(b) notify or cause to notify the affected persons pursuant to Sections 56 and 57.


52. Upon referral of the application by the Development Officer, the Municipal Planning Commission:

(a) shall rule whether or not the proposed use is either similar to a permitted or discretionary use in the land use district in which it is proposed;

(b) if the use is deemed similar to a permitted or discretionary use in the land use district in which it is proposed, the application shall be reviewed as a discretionary use and a development permit may be issued with or without conditions after consideration of any responses to the notifications of persons likely to be affected by the development;

(c) if the use is not deemed similar to a permitted or discretionary use in the land use district in which it is proposed, the development permit shall be refused.

TEMPORARY USE APPLICATIONS

53. The Municipal Planning Commission may issue a temporary development permit for a period not to exceed one year for uses that are determined to be temporary in nature.

54. 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 Municipal Planning Commission may require the applicant to submit an irrevocable letter of credit guaranteeing the cessation or removal of the temporary use; and

(c) any other conditions as deemed necessary.

55. Notification of persons likely to be affected, including adjacent municipalities, government departments and referral agencies shall be in accordance with Sections 56 and 57.

NOTIFICATION OF PERSONS LIKELY TO BE AFFECTED

56. Where notification of persons likely to be affected is required under Sections 44 through 55, the Development Officer shall, at least seven days before the meeting of the Municipal Planning Commission:

(a) mail written notice of the application to:

(i) the owners of land likely to be affected by the issuance of a development permit;

(ii) affected municipalities, if in the opinion of the Development Officer or the Municipal Planning Commission, the proposed development could have an impact upon land uses in the County or is adjacent to the County boundary; and

(iii) any other persons, government department or referral agency that is deemed to be affected; or

(b) cause similar notice to be published in a newspaper circulating in the municipality where the application is located; or


(c) cause a similar notice to be posted in a conspicuous place on the property; or

(d) any combination of the above.

57. In all cases, notification shall:

(a) describe the nature and location of the proposed use;

(b) state the place and time where the Municipal Planning Commission will meet to consider the application; and

(c) state the process for receipt of written or oral submission on the application.

Development Decision

DECISION PROCESS

58. An application for a development permit shall be considered by the Municipal Planning Commission and Development Officer who shall:

(a) approve with or without conditions an application for a permitted use where the proposed development conforms to this bylaw;

(b) approve with or without conditions an application for a discretionary use, where the proposed development conforms to this bylaw;

(c) refuse an application for a discretionary use, where the proposed development does not conform to this bylaw; or

(d) refuse an application for a use which is neither a permitted use nor a discretionary use.

59. The Municipal Planning Commission and Development Officer are authorized to exercise minor variance powers with respect to non-conforming uses pursuant to section 643(5)(c) of the Act. Also see Section25 through 32 and 40 through 43 of this bylaw.

NOTICE OF DECISION FOR DEVELOPMENT PERMITS ISSUED

60. Permitted use permits:

(a) Upon issuance of a development permit for a permitted use that complies with the Land Use Bylaw, the Development Officer shall:

(i) provide a written notice of decision to the applicant, and

(ii) notify persons likely to be affected by either: a. posting a copy of the decision in a prominent place in the County Office for

at least 14 days, or b. publishing a notice of the decision in a newspaper circulated within the

municipality.


(b) Upon issuance of a development permit for a permitted use involving a minor waiver, the Development Officer shall:


(ii) notify persons likely to be affected by either: a. mailing a copy of the decision to those persons, departments and agencies

likely to be affected; or b. publishing a notice of the decision in a newspaper circulated within the

municipality.

61. All other permits:

(a) Upon issuance of a development permit for a discretionary use, similar use, temporary use, or an application involving a waiver, the Development Officer shall:


(ii) notify persons likely to be affected by either: a. mailing a copy of the decision to those persons, departments and agencies;

or b. publishing a notice of the decision in a newspaper circulated within the

municipality.

DEEMED REFUSAL / FAILURE TO MAKE A DECISION

62. In accordance with section 684 of the Municipal Government Act, an application for a development permit shall, at the option of the applicant, deemed to be refused when the decision of the Development Officer or the Municipal Planning Commission, as the case may be, is not made within 40 days of receipt of the completed application unless the applicant has entered into an agreement with the Development Officer to extend the 40-day period.

REAPPLICATION

63. If an application for a development permit is refused, another application for a development permit on the same lot for the same or similar use may not be submitted for at least six months after the date of refusal.

64. If an application was refused solely because it did not comply with this bylaw, another application on the same lot for the same or similar use may be accepted before the time period referred to in Section 63 provided the application has been modified to comply with this bylaw.


Validity of Development Permit

COMMENCEMENT OF DEVELOPMENT

65. Despite the issuance of a development permit, no development is authorized to commence until the appeal period has expired in compliance with the following:

(a) where the notice of decision is posted in the County Office, development shall not commence until 14 days after the notice was posted;

(b) where the notice of decision is mailed to persons likely to be affected, development shall not commence until at least 21 days from the date of mailing;

(c) where the notice of decision is published in the newspaper, development shall not commence until at least 14 days from the date of publication.

66. If an appeal is made, no development is authorized pending the outcome of the appeal.

67. Any development occurring prior to the dates determined under Sections 65 and 66 is at the risk of the applicant, developer or landowner.

PERMIT VALIDITY

68. Unless a development permit is suspended or cancelled, the application must be commenced or carried out with reasonable diligence in the opinion of the Development Officer or the Municipal Planning Commission within 12 months from the date of issuance of the permit, otherwise the permit is no longer valid.

69. If a development has not commenced within the time period specified in Section 68, the validity of a development permit may be extended for up to 12 additional months by:

(a) the Development Officer or the Municipal Planning Commission if the permit was issued by the Development Officer;

(b) by the Municipal Planning Commission if the permit was issued by Municipal Planning Commission or approved on appeal by the Subdivision and Development Appeal Board.

70. A valid development permit is transferable where the use remains unchanged and the development is affected only by a change of ownership, tenancy or occupancy.

71. When any use has been discontinued for a period of 18 months or more, any development permit that may have been issued is no longer valid and said use may not be recommenced until a new application for a development permit has been made and a new development permit issued.


SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT

72. If, after a development permit has been issued, the Development Officer or Municipal Planning Commission becomes aware:

(a) the application for the development permit contained a serious misrepresentation; or

(b) facts concerning the application or the development were not disclosed and which should have been disclosed at the time the application was considered, have subsequently become known; or

(c) a development permit was issued in error;

the Development Officer or Municipal Planning Commission may suspend or cancel the development permit by notice in writing to the holder of it.

73. If a development permit is suspended or cancelled, the Subdivision and Development Appeal Board shall review the application if an appeal is filed by the applicant and either:

(a) reinstate the development permit; or

(b) cancel the development permit if the Development Officer or Municipal Planning Commission would not have issued the development permit if the facts subsequently disclosed had been known during the consideration of the application.

74. In addition to the conditions that the Development Officer or Municipal Planning Commission may impose on a development permit issued under Schedule 2, the Subdivision and Development Appeal Board may impose such other conditions as are considered necessary to ensure that this bylaw or any statutory plan is complied with.

Enforcement Process

STOP ORDER

75. The Development Officer or Municipal Planning Commission are authorized to issue an order under section 645 of the Act whenever either considered necessary to do so.

APPEAL PROCEDURE

76. Any person applying for a development permit or any other person affected by an order under section 645 of the Act may appeal to the Subdivision and Development Appeal Board, if a Development Officer:

(a) refuses or fails to make a decision on a development permit within forty (40) days of receipt of a completed application;

(b) issues a development permit subject to conditions.


77. In addition to an applicant under Section 76, any person affected by an order, decision or development permit made or issued by a Development Officer may appeal to the Subdivision and Development Appeal Board.

78. Notwithstanding Sections 77 and 78, no appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions of this bylaw are relaxed, varied or misinterpreted pursuant to section 685(3) of the Act.

79. An appeal by an applicant may be commenced by filing a notice of the appeal containing specific reasons, with the Secretary of the Subdivision and Development Appeal Board within fourteen (14) days after:

(a) notification in writing of the issuance of the development permit by the Development Officer; or

(b) the 40-day period referred to in Section 62 has expired.

80. An appeal by an affected person may be commenced by filing a notice of the appeal containing reasons, with the Secretary of the Appeal Board within fourteen (14) days after the date on which the notice of issuance of the permit was given in accordance with this bylaw.

APPEAL HEARING

81. Pursuant to section 686(2) of the Act, the Subdivision and Development Appeal Board must hold an appeal hearing within thirty (30) days of the receipt of a notice of appeal.

82. The Subdivision and Development Appeal Board must give at least five (5) days notice in writing of the hearing:

(a) to the appellant;

(b) to the Development Officer whose order, decision or development permit is the subject of the appeal; and

(c) to those owners required to be notified under the Land Use Bylaw and any other person that the Subdivision And Development Appeal Board considers to be affected by the appeal and should be notified.

DECISION OF THE BOARD

83. In determining an appeal, the Subdivision and Development Appeal Board:

(a) must comply with the Provincial Land Use Policies, statutory plans and subject to Section 83(d) of this bylaw;

(b) must have regard for but is not bound by the Subdivision and Development Regulation;

(c) may confirm, revoke or vary the order, decision or development permit or any condition attached to it or may make or substitute an order, decision or permit of its own;


(d) may make an order or decision or issue or confirm the issue of a development permit even though the proposed development does not comply with this bylaw, if in its opinion:

(i) the proposed development would not: a. unduly interfere with or affect the use, enjoyment or value of neighbouring

properties; and b. materially interfere with or affect the use, enjoyment or value of

neighbouring properties;

(ii) the proposed development conforms with the prescribed use for the land or building as defined in this bylaw.

84. Following an appeal, the Subdivision and Development Appeal Board must give its decision in writing together with reasons within fifteen (15) days after concluding the hearing.

Land Use Bylaw Amendments

AMENDMENTS TO THE LAND USE BYLAW

85. Any person or the County may initiate amendments to this bylaw by making an application to the Development Officer.

86. All applications for amendment shall be submitted using the applicable form and be accompanied by any additional information, as deemed necessary by the Development Officer to process the application.

87. The Development Officer may refuse to accept an application if, in his/her opinion, the information supplied is not sufficient to make a proper evaluation of the proposed amendment.

88. The Development Officer shall forward the application to Council for a decision if he/she is satisfied sufficient information has been provided with the application.

89. Council or the Development Officer may refer the application to the Municipal Planning Commission for their recommendation.

90. The application shall be processed in compliance with the requirements of the Act, including the processes for notice of public hearings and the conduct of meetings.

91. Where an application for an amendment to this bylaw has been refused by Council, another application that is the same or similar in nature shall not be accepted until at least six months after the date of refusal.


LAND USE REDESIGNATION APPLICATION REQUIREMENTS

92. A request for redesignation from one land use district to another shall be accompanied by:

(a) a completed application form and fee;

(b) a narrative describing the:

(i) proposed designation and future use(s);

(ii) consistency with applicable statutory plans;

(iii) compatibility of the proposal with surrounding uses and zoning;

(iv) development potential/suitability of the site, including identification of any constraints and/or hazard areas (e.g. easements, soil conditions, topography, drainage, etc.);

(v) availability of facilities and services (sewage disposal, domestic water, gas, electricity, fire and police protection, schools, etc.) to serve the subject property; and

(vi) any potential impacts on public roads;

(c) conceptual subdivision design, if applicable;

(d) a geotechnical report prepared by an engineer demonstrating soil stability/ suitability if deemed necessary by the Development Officer or Municipal Planning Commission;

(e) an evaluation of surface drainage which may include adjacent properties if deemed necessary by the Development Officer or Municipal Planning Commission; and

(f) any other information deemed necessary by the Development Officer or Municipal Planning Commission to properly evaluate the application.

93. An area structure plan or conceptual design scheme may be required in conjunction with a redesignation application when:

(a) multiple parcels of land are involved;

(b) multiple landowners are involved;

(c) more than four lots could be created;

(d) several pieces of fragmented land are adjacent to the proposal;

(e) internal public roads would be required;

(f) municipal services would need to be constructed; or

(g) required by Council or the Municipal Planning Commission.

Schedule 1

LAND USE DISTRICTS AND MAPS


Schedule 1

LAND USE DISTRICTS AND MAPS

1. The municipality is divided into those districts shown on the Vulcan County Land Use District Maps in this schedule (following this page).

2. Each district shown on the maps referred to in section 1 above shall be known by the following names and identifying abbreviations:

RURAL GENERAL – RG

SMALL HOLDINGS – SH

SINGLE LOT COUNTRY RESIDENTIAL – SCR

GROUPED COUNTRY RESIDENTIAL – GCR

URBAN FRINGE – UF

HAMLET RESIDENTIAL – HR

HAMLET COMMERCIAL – HC

RURAL INDUSTRIAL – RI

RURAL COMMERCIAL – RC

RESERVOIR VICINITY – RV

RURAL RECREATIONAL – RR

PUBLIC SERVICE – PS

DIRECT CONTROL – DC

3. The following shall be considered designated hamlets for purposes of this bylaw and their boundaries shall be as shown on the applicable land use district map:

Brant

Ensign

Herronton

Kirkcaldy

Mossleigh

Queenstown

Shouldice

Travers

Schedule 2

LAND USE DISTRICT REGULATIONS


Rural General – RG

PURPOSE: To protect the agricultural land base of the municipality while allowing non-agricultural developments which complement the area's economy.

1. PERMITTED USES DISCRETIONARY USES

Accessory buildings Additions to existing buildings Manufactured homes 1 Modular homes Ready-to-move homes Single detached dwelling and additions

Agricultural service and repair shops Bed and breakfast establishments Child care services Extensive agriculture Intensive horticultural operations Kennels Licensed or unlicensed airstrips Manufactured homes 2 Moved-in buildings Moved-in dwellings Multi-unit dwellings Public and institutional uses Public and private utilities Resource extraction and associated works Second single detached dwellings Single wind energy conversion system Stripping and sale of topsoil Waste management sites Waste management transfer stations Wind energy conversion systems

2. PARCEL AND LOT SIZE

A minimum lot size of 0.4 ha (1 acre) is recommended for any permitted or discretionary use. This may be varied by the Municipal Planning Commission to reasonably accommodate the proposed use. Parcel and lot sizes for all the permitted and discretionary uses above are:

(a) Extensive Agriculture

(i) existing parcels;

(ii) 64.8 ha (160 acres) or an unsubdivided quarter section.

(b) Farmsteads


(ii) minimum of 0.4 ha (1 acre);

(iii) flexible maximum based on farmstead definition;

(iv) at the discretion of the Municipal Planning Commission for cut-off parcels.


(c) Confined Feeding Operations

The parcel size shall remain the same size for which the development approval was originally issued.

(d) Vacant Country Residential



(iii) maximum of 1.2 ha (3 acres).

(e) All Other Uses

Parcel and lot sizes for all other land uses shall be determined by the Municipal Planning Commission after consideration of comments from relevant agencies and in accordance with, but not limited to, the Municipal Government Act, a regional plan, the Subdivision and Development Regulation, this Land Use Bylaw, the Municipal Development Plan and any other applicable legislation or regulations.

3. MINIMUM SETBACK FROM PROPERTY LINES

All structures and buildings shall be setback 7.6 m (25 ft.) from all property lines not fronting on or adjacent to a municipal roadway.

4. MINIMUM SETBACKS FROM ROADS

(a) No part of a building or structure or trees shall be located within 38.1 m (125 ft.) of the centre line of any public roadway which is not designated as a provincial highway under the Highway Development and Protection Regulation.

(b) Any road designated as a provincial highway under the Highway Development and Protection Regulation is subject to setbacks as required by Alberta Transportation and any applications for development adjacent to a highway should be referred to Alberta Transportation for a roadside development permit.

(c) No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft.) of the centre line of a highway or public road.

(d) Dugouts may be allowed closer to the centre line of a highway or public road if a barricade is installed along 100 percent of the length of that part of the dugout fronting the highway or public road and 25 percent of the length of the sides of the dugout.

5. MINIMUM DISTANCE SEPARATION

The siting of any development with a residential component will be required to meet a minimum distance separation calculation as determined by the Natural Resources Conservation Board (NRCB) from any existing or approved confined feeding operation.


6. ACCESS

To ensure proper emergency access, all developments shall have direct legal and developed physical access to a public roadway to the satisfaction of the Municipal Planning Commission in accordance with municipal road standard policy. If the development is within 304.8 m (1,000 ft.) of a provincial highway, direct legal and physical access to a public roadway shall be to the satisfaction of Alberta Transportation.

7. ACCESSORY BUILDINGS

The following regulations are applicable to accessory buildings:

(a) an accessory building shall not be used as a dwelling and shall only be constructed after the principal building has been constructed;

(b) an accessory building shall be setback a minimum 3.0 m (10 ft.) from the principal dwelling and from all other structures on the same lot;

(c) where a structure is attached to the principal building on a site by a roof, an open or enclosed structure, a floor or foundation, it is to be considered a part of the principal building and is not an accessory building.

8. SAND, CLAY AND GRAVEL PITS OR STONE QUARRIES

The site of a sand, clay and gravel pit or a stone quarry may be approved for development expansion or recommended for approval as a separate parcel provided that:

(a) before a development permit is issued for such use, the Municipal Planning Commission shall solicit and consider the comments of Alberta Environment;

(b) topsoil is to be stripped and stockpiled for use in reclaiming the worked-out site;

(c) there is no sale of topsoil removed as part of the applied for operation; and

(d) all stripping of land and reclamation shall comply with Alberta Environment regulations and the recommendations of its Land Reclamation division.

9. DEVELOPMENT ADJACENT TO CANALS

When a development application is received for a use adjacent to a canal, comments should be solicited from the Bow River Irrigation District.

10. USES INVOLVING KEEPING OF ANIMALS

No kennel shall be established less than 304.8 m (1,000 ft.) from a residential building. See Schedule 4 for more standards.

11. SERVICING REQUIREMENTS

(a) The Municipal Planning Commission may refuse a development if the parcel on which it is proposed is not large enough to support any required on-site water supply and sewage disposal systems to the standard required by the regional health authority or the appropriate provincial agency.


(b) Every development shall be required to install a sewage disposal system which has been approved by the authority having jurisdiction.

12. EASEMENTS

In no case shall a building be located less than 3.0 m (10 ft.) from a registered easement, or such greater distance as may be required by the Municipal Planning Commission.

13. SUBDIVISION

Agricultural Uses

(a) The Municipal Planning Commission may only approve one (1) subdivision on an unsubdivided quarter section within the Rural General – RG district. The Municipal Planning Commission may consider a quarter section to be unsubdivided if previous subdivisions were for the purpose of public or quasi-public use.

(b) A subdivision for an intensive horticultural use may be treated as an agricultural use and may be permitted as one of the allowable subdivisions from a quarter section.

(c) The Municipal Planning Commission shall not approve an application for subdivision for an existing or proposed confined feeding operation (CFO).

(d) Creation of 32.4 ha (80 acre) parcels is prohibited.

Existing Agricultural Parcels

(e) The enlargement, reduction or realignment of an existing separate parcel may be approved provided that:

(i) the additional lands required are to accommodate existing or related improvements;

(ii) the proposal is to rectify or rationalize existing habitation, occupancy, cultivation or settlement patterns;

(iii) no additional parcels are created over and above those presently in existence;

(iv) the proposed new lot and the proposed residual lot will continue to have direct legal and physical access to a public roadway, adequate development setbacks, and a suitable building site;

(v) the size, location and configuration of the proposed lot will not significantly affect any irrigation or transportation system in the area nor the urban expansion strategies of neighbouring municipalities.

Cut-Off or Fragmented Agricultural Parcel

(f) Subdivision of an undeveloped or developed cut-off parcel may be approved if:

(i) the proposed lot is separated from the residual by:

(1) a registered exception from the title,

(2) a feature that creates a significant physical barrier to use of both sides as a unit;


(ii) the proposed lot has legal access;

(iii) the results of a minimum distance separation calculation shall be considered;

(iv) neither the proposed lot or the residual parcel are occupied by a livestock operation.

(g) A quarter section which has been subdivided pursuant to the provisions of the above policy or previous provincial policies may be eligible for the subdivision of:

(i) an existing farmstead or vacant parcel provided that the proposal is consistent with the requirements established for single lot country residential parcels; and

(ii) the residual of the fragmented parcel must be at least 1.2 ha (3 acres) in size.

Subdivision of Existing Small Titles

(h) An existing title of land that is 16.2 ha (40 acres) or less but greater than 2.4 ha (6 acres) may be divided into two parcels if:

(i) the results of a minimum distance separation are considered,

(ii) both parcels can accommodate joint access to a public road, and

(iii) the subdivision does not propose to create more than three (3) titles per quarter.

Single Lot Developed Country Residential

(i) A subdivision that proposes to create a single lot country residential parcel containing a developed residence or farmstead may be approved provided that:

(i) the proposed parcel is to be subdivided from a previously unsubdivided quarter section compliant with the farmstead definition with a flexible maximum parcel size based on the improvements; and

(ii) Farmstead means a part of a parcel that:

(1) is presently or was formerly used as a single detached dwelling;

(2) is further developed with agricultural buildings such as quonsets and grain bins, accessory buildings, structures such as corrals, storage compounds and/or storage or areas used for farm machinery, produce and fertilizer, dugout and/or water well and septic system;

(3) is of a compact size and physically defined by topography, shelterbelts or other physical characteristics;

(4) does not include any cultivated farmland, pasture land used for grazing of animals or lands unsuitable for agricultural production unless included within a shelter belt and/or physically defined area. Fencing alone shall not constitute a physically defined area if it encompasses agricultural land or hazard lands that are not necessary for the habitation of the proposed subdivision and that may be left with the larger agricultural parcel unless impractical to do so; and

(iii) the proposed lot on which the dwelling is located and the proposed residual parcel have direct legal and/or physical access to a public roadway; and

(iv) the access is satisfactory to Alberta Transportation where the access is onto or in close proximity to a primary highway; and


(v) the size and location of the proposed lot will not significantly affect any irrigation system in the area; and

(vi) the dwelling unit located on the proposed country residential parcel can meet or exceed the minimum distance separation (MDS) requirements from an existing confined feeding operation, as established in the Agricultural Operation Practices Act Standards and Administration Regulation; and

(vii) the residual parcel size after subdivision is to be flexible based on the proposal for subdivision.

(j) If a proposed subdivision is larger than what is allowed within the farmstead definition, but no greater than 4.0 ha (10 acres), a land use bylaw amendment to change the zoning to the Small Holdings land use district is necessary to allow the proposal to be approved.

Single Lot Vacant Country Residential

(k) A subdivision which proposes to create a single, vacant country residential lot may be approved provided that:

(i) the proposed parcel to be created is a maximum of 1.2 ha (3 acres) in size; and

(ii) the proposed single residential lot contains, in the opinion of the Municipal Planning Commission, a buildable site; and

(iii) the proposed single residential lot can be serviced to the satisfaction of the Municipal Planning Commission; and

(iv) the development on the proposed single residential lot will not, in the opinion of the Municipal Planning Commission, inhibit public access to or otherwise have a detrimental effect on agriculture or the recreational use of a river valley, water body, environmentally sensitive area or special scenic location; and

(v) the proposed lot and the residual parcel both have direct legal and physical access to a public roadway to the satisfaction of the Subdivision Authority; and

(vi) the access is satisfactory to Alberta Transportation where the access is onto or in close proximity to a primary highway; and

(vii) the size and location of the proposed lot will not significantly affect any irrigation system in the area.

(l) If a proposed subdivision for a vacant single residential parcel is larger than 1.2 ha (3 acres) but no greater than 4.0 ha (10 acres), a land use bylaw amendment to change the zoning to the Small Holdings land use district is necessary to allow the proposal to be approved.

Public and Institutional Uses

(m) A subdivision application for public and institutional uses may be recommended for approval if:

(i) the Municipal Planning Commission is satisfied that suitable, existing alternative parcels are not reasonably available in another land use district;


(ii) the use was functioning, the application should encompass the developed site only;

(iii) the legal and physical access, including access to the residual agricultural lot, satisfies Alberta Transportation, in the case of a provincial highway or Vulcan County in the case of municipal roads; and

(iv) the Municipal Planning Commission is satisfied that the use is primary, suitable, serviceable and will be developed as proposed.

(n) The conversion of small parcels established for public and institutional purposes to other uses should be limited to those developments which, in the opinion of the Municipal Planning Commission, are considered appropriate and compatible with surrounding uses.

14. RIVER VALLEYS AND SHORELANDS

(a) Before approving any application to locate or expand a land use in or adjacent to a river valley or shoreland area, the Development Officer or Municipal Planning Commission shall refer such an application to any local, regional, or federal government agency that, in its opinion, has an interest in land use management.

(b) No application to locate or expand a land use in or adjacent to a river valley or shoreland area shall be approved unless, in the opinion of the Municipal Planning Commission, the proposal will not:

(i) be located in a flood prone area;

(ii) cause soil erosion or damage to a river bank;

(iii) cause deterioration of water quality;

(iv) hinder the flow of water to the river;

(v) compromise aesthetic quality or natural amenities;

(vi) be detrimental to an area of ecologically sensitive habitat or of historic or scenic importance;

(vii) have a detrimental effect on adjoining or nearby agricultural operations if the proposed development is of a non-agricultural use;

(viii) have a detrimental effect on existing or proposed recreation areas;

(ix) have a detrimental effect on existing or proposed irrigation canals or water diversion structures.

(c) Where a proposed development is granted permission to locate within the one in one hundred year floodplain of any watercourse, the Municipal Planning Commission may request the developer to provide any of the following requirements prior to the issuance of a development permit:

(i) the registration of a Save Harmless Agreement against the title indemnifying the municipality in case of a subsequent flood causing damage to the development;

(ii) the provision of an appropriate private sewage disposal system to the satisfaction of the appropriate health authority;


(iii) a certificate from a qualified Alberta Land Surveyor stating the top of the footings of any proposed development will be at or above the one in one hundred floodplain level;

(iv) an assurance that any proposed setback requirements as established by a provincial government department are met or exceeded.

15. STANDARDS OF DEVELOPMENT – See Schedule 4.


SMALL HOLDINGS – SH

PURPOSE: To protect the agricultural land base of the municipality while allowing a flexible parcel size based on the practicalities of agricultural production and the physical characteristics of the land.


Accessory buildings and uses Additions to existing buildings Manufactured homes 1 Modular homes Ready-to-move homes Single detached dwellings

Agricultural service and repair shops Bed and breakfast establishments Child care services Extensive agriculture Intensive horticultural operations Kennels Manufactured homes 2 Moved-in buildings Moved-in dwellings Public and institutional uses Public and private utilities Resource extraction and associated works Second single detached dwellings Single wind energy conversion system Stripping and sale of topsoil Veterinary clinics

Any other uses determined by the Municipal Planning Commission to be similar in nature to any permitted or discretionary use



(a) Farmsteads





(b) Vacant Country Residential


(ii) minimum of 1.2 ha (3 acres);


(c) All Other Uses


3. DENSITY

(a) Only one redesignated parcel per quarter section is allowed.

(b) The resubdivision of an existing small holding parcel is not allowed unless the entire parcel is redesignated as either “Grouped Country Residential” or “Rural Recreational”.











7. ACCESS






(c) an accessory building shall not be located in a front yard or on an easement;

(d) where a structure is attached to the principal building on a site by a roof, an open or enclosed structure, a floor or foundation, it is to be considered a part of the principal building and is not an accessory building.




No veterinary clinic, kennel, livestock sales yard or abattoir shall be established less than 304.8 m (1,000 ft.) from a residential building. See Schedule 4 for more standards.




12. EASEMENTS



13. SUBDIVISION Only one parcel per quarter section that has been redesignated as a small holding is eligible for subdivision.


(a) A subdivision which proposes to create a single, vacant country residential lot may be approved provided that:









(b) A subdivision that proposes to create a single lot country residential parcel containing a developed residence or farmstead and additional cultivated or pasture land may be approved provided that:

(i) the proposed parcel to be created is a maximum of 4.0 ha (10 acres) in size;

(ii) the proposed lot on which the dwelling is located and the proposed residual parcel have direct legal and/or physical access to a public roadway; and

(iii) the access is satisfactory to Alberta Transportation where the access is onto or in close proximity to a primary highway; and

(iv) the size and location of the proposed lot will not significantly affect any irrigation system in the area; and

(v) the dwelling unit located on the proposed country residential parcel can meet or exceed the minimum distance separation (MDS) requirements from an existing confined feeding operation, as established in the Agricultural Operation Practices Act Standards and Administration Regulation; and

(vi) the residual parcel size after subdivision is to be flexible based on the proposal for subdivision.



(c) A subdivision application for public and institutional uses may be recommended for approval if:





(d) The conversion of small parcels established for public and institutional purposes to other uses should be limited to those developments which, in the opinion of the Municipal Planning Commission, are considered appropriate and compatible with surrounding uses.









(vi) be detrimental to area of ecologically sensitive habitat or of historic or scenic importance;












SINGLE LOT COUNTRY RESIDENTIAL – SCR

PURPOSE: The intent of this land use district is to accommodate one or more single-lot country residential subdivisions within a quarter section of land which have already met or exceeded the maximum of two subdivisions within that specific quarter section within the municipality.


Accessory buildings and uses Additions to existing buildings Modular homes Single detached dwellings Ready-to-move homes

Bed and breakfast establishments Child care services Duplexes Manufactured homes 1 and 2 Moved-in residential buildings Public and institutional uses Public and private utilities Second single detached dwellings Single wind energy conversion system

Any other uses determined by the Municipal Planning Commission to be similar in nature to any permitted or discretionary uses



(a) Farmsteads



(iii) flexible maximum based on farmstead definition.

(b) Single Lot Vacant Country Residential (i) existing parcels;




(c) All Other Uses


3. DENSITY

(a) Only one redesignated parcel per quarter section is allowed. Siting of these parcels shall consider existing adjacent uses.

(b) The resubdivision of an existing single lot country residential parcel is not allowed unless the entire parcel is redesignated as either “Grouped Country Residential” or “Rural Recreational”.











7. ACCESS






(c) an accessory building shall not be located in a front yard or on an easement; and
























GROUPED COUNTRY RESIDENTIAL – GCR

PURPOSE: To provide for clustered residential development in parcels that could support private water and sewage systems areas where there is a minimum of conflict with adjacent land uses pursuant to the Municipal Development Plan.


Accessory buildings Additions to existing buildings Modular homes Single detached dwellings

Duplexes Manufactured homes 1 and 2 Moved-in dwellings Multi-family dwellings Public and institutional uses Public and private utilities Ready-to-move homes Second single detached dwellings Single wind energy conversion system

Any other uses determined by the Municipal Planning Commission to be similar in nature to any permitted or discretionary uses



(a) Residential uses


(ii) minimum of 0.4 ha (1 acres);


(b) All Other Uses



3. DENSITY

A maximum of ten (10) contiguous parcels per quarter section is allowed.

4. AREA STRUCTURE PLANS AND DESIGN SCHEMES

The Municipal Planning Commission may recommend that Council require the adoption of an area structure plan or design scheme prior to the approval of a development application if, in the Municipal Planning Commission’s opinion, it is warranted. The following are guidelines which may be required to be provided by all applicants proposing to subdivide and/or develop land within this district.

(a) Application Requirement

All applications for grouped country residential/recreational land uses shall be accompanied by a duly prepared area structure plan.

(b) Lot Sizes

The minimum lot size for any or all country residential parcels shall be 1.2 ha (3 acres) unless waived to a lesser amount by the Municipal Planning Commission.

(c) Parcel Densities

The maximum amount of lots allowed on an unsubdivided quarter section of land shall limited to ten (10) based on the parcel location, the suitability of the land to be subdivided or developed, etc.

(d) Conceptual Designs

An application for a multi-lot proposal shall be accompanied by a detailed site plan showing all proposed lots and future development area on the said parcel. The site plan shall be drawn to scale and a copy submitted to the Development Officer when an application is filed with the municipality.

(e) Contours

Where developments are proposed to be built in areas of slopes greater than 10° or where roads and water channelization are to be incorporated in the development, a detailed contour map shall be prepared for the development area.

(f) Other Development Considerations

The developer, in preparing the area structure plan, shall provide details regarding the following matters:

• garbage disposal; • fire protection (location of on-site water reservoirs), school bus service; • location, width and turning radius of existing and proposed roadways; • access and egress to the proposal; • a statement of all the intended land uses for the development site; • types and location of fencing proposed for the development; • the environmental impacts on lands and wildlife in the immediate area.


(g) Development Agreements

Pursuant to the Municipal Government Act the municipality may, at the time of subdivision or development, require the developer to enter into a development agreement for the construction of roadways and/or servicing necessary to serve the development area.

NOTE: The municipality may require the developer to provide a form of security to ensure that any or all aspects of the agreement are undertaken to the satisfaction of the County.

(h) Geotechnical Reports

As a requirement of the area structure plan, geotechnical reports may be required by the municipality. The said reports may require the following testing and subsequent reports to be done for:

• percolation, • aquifer and groundwater analysis, • slope stability, • drainage.

(i) Architectural Controls

As a development standard of the area structure plan, architectural controls are suggested to be supplied by the developer to ensure that all development in the development area is consistent with neighbouring property. These controls may be registered concurrently by a Restrictive Covenant at the time a plan of survey is registered with the Land Titles Office.

(j) Phasing of Subdivision and Development

The developer shall provide to the municipality a detailed time frame that outlines the timing they envision for the consideration and subsequent decision on their development and/or development application.

(k) Public Participation Process and Consultation

The developer shall provide to the municipality a detailed outline of the proposed public participation process for the development and/or subdivision. An indication of the time and place of public meetings as well as consultation with the elected officials and affected community ratepayers is encouraged.

(l) Transportation Routes and Public Utilities

A requirement of an area structure plan is to indicate and provide locations of existing and proposed transportation routes and public utilities which will serve the development area.

(m) Municipal Reserve Dedications

Pursuant to the Municipal Government Act, the municipality may require the applicant proposing a multi-lot subdivision to provide up to 10 percent of the development area for Municipal Reserve purposes. As the municipality’s existing


policy is to take money in place of land for this purpose, a market analysis provided by the developer or a price agreed upon by both parties will be used to determine the value of reserve owing on the proposal.

(n) Subdivision and Development Referrals

The developer may be required to obtain other regulatory approvals from the agencies and government departments that have jurisdiction on these uses. The municipality is required to refer certain applications to various agencies and departments for their comments and consent.

NOTE: A municipal approval does in no way absolve a developer from obtaining any other necessary local, provincial or federal approvals including the requirement to undertake an environmental impact assessment.

(o) Water Supply

The area structure plan shall describe the proposed water supply proposed for the development area. An indication of the number and location of wells or the number and capacity of cisterns shall be provided by the developer.

NOTE: If wells are to be used individually or as a community water supply, the developer is encouraged to have the said well(s) licensed with the Groundwater Branch of Alberta Environment. In addition, all reporting requirements under the Water Act must accompany the application.

(p) Sewage Disposal

The area structure plan shall describe the proposed sewage disposal system proposed for the development area and provide a soil analysis prepared by a certified professional. Private sewage disposal systems shall be based on geotechnical information provided by the developer and must meet provincial legislation.

(q) Types of Subdivision

The Municipal Planning Commission is the Subdivision Authority having jurisdiction in the County. An application that proposes a multi-lot subdivision shall be undertaken either by a plan of survey or by a condominium plan (if bareland is involved).

NOTE: An undivided interest whereby a number of land owners are identified on one or more certificate of title does not constitute a subdivision of land.

(r) Municipal Prerogatives

The municipality, at its sole discretion, may undertake any or all of the following: • adopt a duly prepared area structure plan by municipal bylaw which will

govern subsequent subdivision and development of the specific area, • change any or all of the guidelines or requirements outlined in the above-

noted sections, • waive the requirements to provide any of the information discussed in these

guidelines, • require the developer to provide any additional information not addressed or

contemplated in these guidelines.



All structures and buildings shall be setback 7.6 m (25 ft.) or as established in an adopted area structure plan or design scheme from all property lines not fronting on or adjacent to a municipal roadway.








8. ACCESS































URBAN FRINGE – UF

PURPOSE: To protect the agricultural land base of the municipality and ensure the fringe areas of urban municipalities are protected for future expansion and development while allowing non-agricultural uses that complement the area’s economy and do not conflict with an urban environment.


Accessory buildings Additions to existing buildings Manufactured homes 1 Modular homes Ready-to-move homes Single detached dwellings

Agricultural service and repair shops Bed and breakfast establishments Intensive horticultural operations Kennels Manufactured homes 2 Moved-in buildings Moved-in dwellings Public and institutional uses Public and private utilities Second single detached dwellings Single wind energy conversion system Stripping and sale of topsoil Waste management transfer stations




(a) Farmsteads



(iii) flexible maximum based on farmstead definition.

(b) Single Lot Vacant Country Residential





(c) All Other Uses


3. DEVELOPMENT APPLICATION REFERRALS

Any development within this land use district shall be forwarded to the appropriate urban municipality for comments before a decision by the Municipal Planning Commission is rendered.










7. ACCESS

To ensure proper emergency access, all developments shall have direct legal and developed physical access to a public roadway to the satisfaction of the Municipal Planning Commission in accordance with municipal road standard policy. If the development is


within 304.8 m (1,000 ft.) of a provincial highway, direct legal and physical access to a public roadway shall be to the satisfaction of Alberta Transportation.









10. SUBDIVISION

Agricultural Uses

(a) The Municipal Planning Commission may only approve one (1) subdivision on an unsubdivided quarter section with the Urban Fringe – UF district. The Municipal Planning Commission may consider a quarter section to be unsubdivided if previous subdivisions were for the purpose of public or quasi-public use.

(b) A subdivision for an intensive horticultural use may be treated as an agricultural use and may be permitted as one of the allowable subdivisions from a quarter section.


Existing Urban Fringe Parcels

(d) The enlargement, reduction or realignment of an existing separate parcel may be approved provided that:







Cut-Off or Fragmented Parcel

(e) Subdivision of an undeveloped or developed cut-off parcel may be approved if:






(iv) neither the proposed lot or the residual parcel are occupied by a livestock operation;

(v) A quarter section which has been subdivided pursuant to the provisions of the above policy or previous provincial policies may be eligible for the subdivision of an existing farmstead or vacant parcel provided that the proposal is consistent with the requirements established for single lot country residential parcels.


(f) An existing title of land that is 16.2 ha (40 acres) or less but greater than 2.4 ha (6 acres) may be divided into two parcels if:





(g) A subdivision that proposes to create a single lot country residential parcel containing a developed residence or farmstead may be approved provided that:


(ii) Farmstead means a part of a parcel:

(1) that is presently or was formerly used as a single family dwelling;

(2) that is further developed with agricultural buildings such as quonsets and grain bins, accessory buildings, structures such as corrals, storage compounds and/or storage or areas used for farm machinery, produce and fertilizer, dugout and/or water well and septic system;

(3) that is of a compact size and physically defined by topography, shelterbelts or other physical characteristics;


(4) that does not include any cultivated farmland, pasture land used for grazing of animals or lands unsuitable for agricultural production unless included within a shelter belt and/or physically defined area. Fencing alone shall not constitute a physically defined area if it encompasses agricultural land or hazard lands that are not necessary for the habitation of the proposed subdivision and that may be left with the larger agricultural parcel unless impractical to do so; and




(vi) the dwelling unit located on the proposed country residential parcel can meet or exceed the minimum distance separation (MDS) requirements from an existing confined feeding operation, as established in the Agricultural Operation Practices Act Standards and Administration Regulation; and



(h) A subdivision which proposes to create a single, vacant country residential lot may be approved provided that:









(i) A subdivision application for public and institutional uses may be recommended for approval if:






(j) The conversion of small parcels established for public and institutional purposes to other uses should be limited to those developments which, in the opinion of the Municipal Planning Commission, are considered appropriate and compatible with surrounding uses.





















HAMLET RESIDENTIAL – HR

PURPOSE: To provide for a high quality living environment for hamlet residents pursuant to the Municipal Development Plan recognition that hamlets act as an important service centre for the agricultural community.


Accessory buildings Additions to existing buildings Modular homes Ready-to-move homes Single detached dwellings

Dwellings: Duplex dwellings Lodging or boarding houses Moved-in dwellings Multiple family dwellings Row dwellings or townhouses Semi-detached dwellings Senior citizen housing

Manufactured homes 1 and 2 Manufactured housing community Parks and playgrounds Private recreation Public and institutional uses Public and private utilities Single wind energy conversion system


2. MINIMUM LOT SIZE

(a) Unserviced or Partially Serviced Lots

Use Width Length Area m ft. m ft. m2 sq. ft.

Municipal sewer only 30.5 100 30.5 100 929.0 10,000

Municipal water only 30.5 100 45.7 150 1393.5 15,000

No municipal water or sewer 30.5 100 61.0 200 1858.0 20,000 (b) The minimum area and dimension required for any unserviced or partially serviced

lots may be altered by the Municipal Planning Commission in accordance with Alberta Health Services and Alberta Labour regulations or recommendations.


(c) Lots Serviced with Municipal Water Supply and Sanitary Sewer


Single detached dwellings and manufactured homes

15.2

50

30.5

100

464.5

5,000

Duplex dwellings and semi-detached dwellings

21.3

70

30.5

100

650.3

7,000

Row dwelling or townhouses - interior unit - end unit

4.9 7.6

16 25

30.5 30.5

100 100

148.6 232.2

1,600 2,500

Multiple family dwelling 24.4 80 30.5 100 743.2 8,000

All other uses As required by the Municipal Planning Commission.

3. MINIMUM YARD DEPTH

(a) The minimum yard depth for any building or structure shall be:

Front Yard Side Yard Rear Yard Use m ft. m ft. m ft.

All uses 7.6 25 1.5 5 7.6 25 (b) In the case of corner lots, a front yard of at least 7.6 m (25 ft.) shall be provided on

one frontage and a secondary front yard of at least 4.6 m (15 ft.) shall be provided for the other frontage.

(c) Accessory buildings shall not be less than 0.6 m (2 ft.) from a side or rear lot line; overhanging eaves shall not be less than 0.3 m (1 ft.) from a side lot line.

4. MAXIMUM LOT COVERAGE

The principal building shall cover no more than 33 percent of the total lot area, while not more than another 10 percent may be occupied by accessory buildings.

5. ACCESS









7. REDUCED LOT AREA AND DIMENSION

The Municipal Planning Commission may approve a development on an existing registered lot the minimum dimensions or area of which are less than those specified in Schedule 2 provided that the minimum area allowed is not less than 232.2 m2 (2,500 sq. ft.) as established by the Subdivision and Development Regulation being Alberta Regulation 212/95.

8. CORNER LOT RESTRICTION

On a corner lot nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of 0.9 and 3.0 m (3 and 10 ft.) above the centre line grades of the intersecting streets in the area bounded by the property lines of such corner lots and a line joining points along the said property lines 7.6 m (25 ft.) from the point of intersection (see Figure 1).

9. MULTIPLE FRONT YARD PROVISION

Where any lot has more than one front yard line, the front yard requirement shall apply to all yards, but at the discretion of the Municipal Planning Commission, only one-half of the front yard requirement may apply to the front yards on the minor street frontage, and that yard shall be considered a side yard (see Figure 1).

10. BUILDING SETBACKS

(a) The Municipal Planning Commission may waive the yard depth requirement in a well- established residential area if, in its opinion, the setback blends in with the prevailing yard pattern.

(b) The Municipal Planning Commission may require varied front yard depths in new residential areas if, in its opinion, the variation in setbacks will not detract from the development of that area.

(c) The Municipal Planning Commission may require increased yard depths other than those listed in (a) and (b) if, in its opinion, such setbacks would be necessary.

Figure 1


11. REFUSE COLLECTION AND STORAGE

(a) Refuse and garbage shall be kept in a suitable container or enclosure.

(b) Refuse and garbage shall be effectively screened from public view.

12. FENCES

(a) No fence, wall, hedge or any combination thereof, lying within 7.6 m (25 ft.) of the right-of-way of a public roadway (excluding lanes) shall extend more than 0.9 m (3 ft.) above the ground (except in the case of corner lots where one yard is considered as the side yard) unless permitted by the Municipal Planning Commission (see Figure 2).

Figure 2

(b) Fences enclosing rear and side yards shall not exceed 1.8 m (6 ft.) in height.

13. RETAINING WALLS

The Municipal Planning Commission may require the construction of a retaining wall as a condition of development if, in its opinion, significant differences in grade exist or will exist between the parcel being developed and adjacent parcels.

14. LANDSCAPING AND SCREENING

(a) The front yard (except for sidewalks and driveways) shall be landscaped to the satisfaction of the Development Officer.

(b) In the case of corner lots, the minor street frontage shall also be landscaped to the satisfaction of the Development Officer.

(c) No non-residential development in hamlets shall be allowed which may interfere with the amenity of residential areas in the hamlet and the Municipal Planning Commission may:

(i) require it be screened to minimize conflict between residential and non-residential land uses; or

(ii) may refuse it if the potential conflict cannot be resolved.



HAMLET COMMERCIAL – HC

PURPOSE: To provide for a high quality of commercial development pursuant to the Municipal Development Plan recognition that hamlets act as an important service centre for the agricultural community.


Accessory commercial buildings and uses Additions to existing buildings Farm equipment sales and repair Public and institutional uses Retail commercial

Auto sales and repairs Extensive agriculture Fertilizer sales and storage Grain elevators Highway commercial uses Horticulture operation facility Light industrial uses Moved-in buildings Residential uses in conjunction with an

approved commercial use Seed cleaning plants Single wind energy conversion system Storage and service yards Stripping and sale of topsoil


2. MINIMUM LOT SIZE

(a) Unserviced or Partially Serviced Lots

Use Width Length Area

m ft. m ft. m2 sq. ft.

Municipal sewer only 30.5 100 30.5 100 929.0 10,000

Municipal water only 30.5 100 45.7 150 1393.5 15,000

No municipal water or sewer 30.5 100 61.0 200 1858.0 20,000 (b) The minimum area and dimension required for any unserviced or partially serviced

lots may be altered by the Municipal Planning Commission in accordance with Alberta Health Services and Alberta Labour regulations or recommendations.



The minimum yard depth for any building or structure shall be:


All uses 4.9 16 1.5 5 As required by the Development

Officer or MPC.


At the discretion of the Development Officer or the Municipal Planning Commission.

5. ACCESS






















12. FENCES


Figure 1


Figure 2


13. RETAINING WALLS





(c) No non-residential development in hamlets shall be allowed which may interfere with the amenity of residential areas in the hamlet and the Municipal Planning Commission may:





RURAL INDUSTRIAL – RI

PURPOSE: To allow industrial uses to be located in rural areas provided they do not pose a threat to the environment or create a potential nuisance for residents.


Additions to existing buildings Agricultural processing industries Farm machinery and equipment sales Farm service product sales General storage and warehousing Light industry Lumber yards Machinery and equipment sales, rental

and service Public utility buildings and installations Veterinary clinics Welding shops

Bulk fertilizer storage and sales Bulk fuel storage and sales Grain elevators Minor additions or renovations to existing

residential structures Moved-in buildings Pre-fabricated building manufacturers Residential uses in conjunction with an

approved industrial use Recycling facility Resource extraction and associated uses Scrap yards Seed cleaning plants Single wind energy conversion system Stripping and sale of topsoil


2. PARCEL AND LOT SIZES

Parcel and lot sizes for all the permitted and discretionary uses listed above are:

(a) Extensive Agriculture

(i) existing parcels; or

(ii) 64.8 ha (160 acres) or an unsubdivided quarter section.

(b) All Other Uses

(i) existing parcels; or

(ii) minimum of 0.4 ha (1 acre).









5. SITE COVERAGE

Unless specified elsewhere in this bylaw, the maximum percentage of the site that may be covered shall be as determined by the Municipal Planning Commission.

6. DEVELOPMENT REFERRAL REQUIREMENTS

(a) The Municipal Planning Commission may recommend to Council the designation of a rural industrial land use district.

(b) Council or the Development Officer shall refer any proposed designation of a rural industrial land use district to the municipality’s planning advisor for comment prior to making a decision.

(c) The Development Officer shall refer any proposed designation of a rural industrial or any proposed industrial use located within 0.8 km (½ mile) of a designated highway to Alberta Transportation for comment prior to a decision being made.

(d) An application for industrial use which is:

(i) adjacent to or within an environmentally sensitive area, critical wildlife zone or regionally significant area; or

(ii) within 0.8 km (½ mile) of a primary highway, except within a designated hamlet;

shall be referred by the Development Officer to the municipality’s planning advisor for comment before the Municipal Planning Commission considers the application.

7. AREA STRUCTURE PLANS / CONCEPTUAL SCHEMES

The Municipal Planning Commission may require the preparation of an area structure plan or a conceptual scheme prior to considering an application or as a condition of approval for any use within this land use district.


8. GROUPED RURAL OR NOXIOUS INDUSTRY

(a) Proposed industrial development considered by the Municipal Planning Commission to be potentially noxious, hazardous, unsightly or offensive should not be approved within 1.6 km (1 mile) of:

(i) the Town of Vulcan;

(ii) the Villages of Champion, Carmangay, Milo, Arrowwood and Lomond;

(iii) the Hamlets of Brant, Ensign, Herronton, Kirkcaldy, Mossleigh, Queenstown, Shouldice and Travers;

(iv) a provincial, regional, municipal park or recreation area;

(v) an existing or approved rural residence;

(vi) an existing or approved confined feeding operation or facility.

(b) The above restrictions also apply:

(i) within 152.4 m (500 ft.) of either side of a provincial highway or a designated scenic, tourist or recreational access road as established in a Vulcan County bylaw;

(ii) within such distance of other roads as are established by any Vulcan County bylaw;

(iii) adjacent to a waterbody or watercourse.

(c) Applications for development expansion or for separate parcels in an area designated for grouped noxious industry may be approved or recommended for approval provided that:

(i) the area of any proposed parcel is a minimum of 0.4 ha (1 acre);

(ii) the proposed development or parcel will be serviced to the satisfaction of the Municipal Planning Commission;

(iii) the proposed use or operation will be developed in such a manner that no run-off water can directly enter any waterbody, watercourse, groundwater, irrigation system or public roadway ditch;

(iv) there will be adequate provision for water treatment, temporary waste storage facilities and arrangements for waste disposal in accordance with standards set by the appropriate provincial departments and other approving authorities.

9. SINGLE LOT RURAL OR NOXIOUS INDUSTRY

The site of a single lot rural or noxious industry may be approved for development, expansion or for approval as a separate parcel provided that:

(a) Proposed industrial development considered by the Municipal Planning Commission to be potentially noxious, hazardous, unsightly or offensive should not be approved within 1.6 km (1 mile) of:

(i) the Town of Vulcan;

(ii) the Villages of Champion, Carmangay, Milo, Arrowwood and Lomond;


(iii) the Hamlets of Brant, Ensign, Herronton, Kirkcaldy, Mossleigh, Queenstown, Shouldice and Travers;

(iv) a provincial, regional, municipal park or recreation area;

(v) an existing or approved rural residence;

(vi) an existing or approved confined feeding operation or facility.

(b) The above restrictions also apply:

(i) within 152.4 m (500 ft.) of either side of a provincial highway or a designated scenic, tourist or recreational access road as established in a Vulcan County bylaw;

(ii) within such distance of other roads as are established by any Vulcan County bylaw;

(iii) adjacent to a waterbody or watercourse.

(c) Applications for development expansion or for separate parcels in an area designated for industry may be approved or recommended for approval provided that:

(i) the area of any proposed parcel is a minimum of 0.4 ha (1 acre);

(ii) the proposed development or parcel will be serviced to the satisfaction of the Municipal Planning Commission;

(iii) the proposed use or operation will be developed in such a manner that no run-off water can directly enter any waterbody, watercourse, groundwater, irrigation system or public roadway ditch;

(iv) there will be adequate provision for water treatment, temporary waste storage facilities and arrangements for waste disposal in accordance with standards set by the appropriate provincial departments and other approving authorities;

(v) in the opinion of the Municipal Planning Commission the proposed location is suitable for and will be developed for the proposed use within a period of one year.


(a) Before approving any application to locate or expand a land use in or adjacent to a river valley or shoreland area, the Municipal Planning Commission shall refer such an application to any local, regional, or federal government agency that, in its opinion, has an interest in land use management.










(vii) have a detrimental effect on existing or proposed recreation areas;

(viii) have a detrimental effect on existing or proposed irrigation canals or water diversion structures.

11. SERVICES, TRANSPORTATION AND UTILITIES FACILITIES

(a) No application to locate or expand a land use shall be approved unless, in the opinion of the Municipal Planning Commission, the proposed use will not have a detrimental effect on any:

(i) transportation or communication system, including primary highways, secondary highways, railway, airport site or communication facility; or

(ii) regionally significant services or utilities facilities, including irrigation works, pipelines and power transmission lines.

(b) Any application for development located in the vicinity of a sour gas pipeline shall be circulated to the Energy Resources Conservation Board for comments.

12. ACCESS










RURAL COMMERICAL – RC

PURPOSE: To provide for the location of commercial uses in rural areas which will not compromise either the use of agricultural lands for agriculture.


Accessory commercial structures Additions to existing buildings Commercial greenhouses Farm and automotive repair shops Farm machinery sales and service General storage and warehousing Highway commercial uses Offices Markets for farm produce Restaurants Retail and wholesale stores

Grain elevators Kennels Manufactured home sales Moved-in buildings Residential uses in conjunction with an

approved commercial use Single wind energy conversion system Stripping and sale of topsoil


2. PARCEL AND LOT SIZES

The minimum parcel and lot sizes for all the permitted and discretionary uses listed above are:

Use Width Length Area m. ft. m ft. m2 sq. ft.

Highway commercial 61.0 200 45.7 150 2787.0 30,000

All other uses As required by the MPC 4046.7 43,560









5. SITE COVERAGE

The maximum site coverage for all the permitted and discretionary uses listed above is:

(a) Highway Commercial

(i) principal and accessory buildings – 50%; or

(ii) as required by the Municipal Planning Commission.

(b) Offices, Personal Services and Retail Outlets



(c) All Other Uses



6. DESIGNATION AND REFERRAL REQUIREMENTS

(a) The Municipal Planning Commission may recommend to Council the designation of a rural commercial land use district.

(b) Council or the Development Officer shall refer any proposed designation of a rural commercial land use district to the municipality’s planning advisor for comment prior to making a decision.

(c) Council or the Development Officer shall refer any proposed designation of a rural commercial land use district or any proposed commercial use located within 0.8 km (½ mile) of a primary highway, except within a designated hamlet, to Alberta Transportation for comment prior to making a decision.

(d) An application for commercial use which is:

(i) adjacent to or within an environmentally sensitive area, critical wildlife zone or regionally significant area; or

(ii) within 0.8 km (½ mile) of a primary highway, except within a designated hamlet;

shall be referred by the Development Officer to the municipality’s planning advisor for comment before the Municipal Planning Commission considers the application.


7. AREA STRUCTURE PLANS / CONCEPTUAL SCHEMES

The Municipal Planning Commission may require the preparation of an area structure plan or a conceptual scheme prior to considering an application or as a condition of approval for any use within this land use district.



















9. SERVICES, TRANSPORTATION AND UTILITIES FACILITIES

(a) No application to locate or expand a land use shall be approved unless, in the opinion of the Municipal Planning Commission, the proposed use will not have a detrimental effect on any:

(i) transportation or communication system, including primary highways, secondary highways, railway, airport site or communication facility; or

(ii) regionally significant services or utilities facilities, including irrigation works, pipelines and power transmission lines.

(b) Any application for development located in the vicinity of a sour gas pipeline shall be circulated to the Energy Resources Conservation Board for comments.

10. ACCESS










RESERVOIR VICINITY – RV

PURPOSE: To allow agricultural and non-agricultural uses to meet increasing pressures for development, without compromising the irrigation function of the reservoirs located within Vulcan County.


Accessory buildings Additions to existing buildings Extensive agriculture Manufactured homes 1 Modular homes Moved-in dwellings Ready-to-move homes Single detached dwellings

PROHIBITED USES

Commercial uses Confined feeding operations Manure spreading Noxious industry Rifle ranges Rodeo grounds

Apiaries (if over 24 hives) Commercial greenhouses Fertilizer storage Group camps Kennels Manufactured homes 2 Moved-in buildings Nurseries and tree farms Public and institutional uses Public and private utilities Public park or recreation uses Resource extraction and associated uses Second single detached dwellings Single wind energy conversion system Sod farms Stripping and sale of topsoil




(a) Farmsteads



(iii) at the discretion of the Municipal Planning Commission based on proposal.


(b) Vacant Country Residential




(c) All Other Uses











6. ACCESS

To ensure proper emergency access, all developments shall have direct legal and developed physical access to a public roadway to the satisfaction of the Municipal Planning Commission in accordance with municipal road standard policy. If the development is


within 304.8 m (1,000 ft.) of a provincial highway, direct legal and physical access to a public roadway shall be to the satisfaction of Alberta Transportation.










No veterinary clinic, kennel, livestock sales yard or abattoir shall be established less than 304.8 m (1,000 ft.) from a residential building. See Schedule 4 for more standards.




11. EASEMENTS


12. SUBDIVISION

Agricultural Uses

(a) The Municipal Planning Commission may only approve one (1) subdivision on an unsubdivided quarter section with the Reservoir Vicinity – RV district. The Municipal Planning Commission may consider a quarter section to be unsubdivided if previous subdivisions were for the purpose of public or quasi-public use.


(b) A subdivision for an intensive horticulture use may be treated as an agricultural use and may be permitted as one of the allowable subdivisions from a quarter section.


Existing Agricultural Parcels

(d) The enlargement, reduction or realignment of an existing separate parcel may be approved provided that:






Cut-Off or Fragmented Agricultural Parcel

(e) Subdivision of an undeveloped or developed cut-off parcel may be approved if:






(iv) neither the proposed lot or the residual parcel are occupied by a livestock operation.

(f) A quarter section which has been subdivided pursuant to the provisions of the above policy or previous provincial policies may be eligible for the subdivision of an existing farmstead or vacant parcel provided that the proposal is consistent with the requirements established for single lot country residential parcels.


(g) An existing title of land that is 16.2 ha (40 acres) or less but greater than 2.4 ha (6 acres) may be divided into two parcels if:






(h) A subdivision that proposes to create a single lot country residential parcel containing a developed residence or farmstead may be approved provided that:


(ii) Farmstead means a part of a parcel:

(1) that is presently or was formerly used as a single family dwelling;

(2) that is further developed with agricultural buildings such as quonsets and grain bins, accessory buildings, structures such as corrals, storage compounds and/or storage or areas used for farm machinery, produce and fertilizer, dugout and/or water well and septic system;

(3) that is of a compact size and physically defined by topography, shelterbelts or other physical characteristics;

(4) that does not include any cultivated farmland, pasture land used for grazing of animals or lands unsuitable for agricultural production unless included within a shelter belt and/or physically defined area. Fencing alone shall not constitute a physically defined area if it encompasses agricultural land or hazard lands that are not necessary for the habitation of the proposed subdivision and that may be left with the larger agricultural parcel unless impractical to do so; and




(vi) the dwelling unit located on the proposed country residential parcel can meet or exceed the minimum distance separation (MDS) requirements from an existing confined feeding operation, as established in the Agricultural Operations Practices Act Standards and Administration Regulation; and


(i) If a proposed subdivision is larger than what is allowed within the farmstead definition, a land use bylaw amendment to change the zoning to the Small Holdings land use district is necessary to allow the proposal to be approved.


(j) A subdivision which proposes to create a single, vacant country residential lot may be approved provided that:





























RURAL RECREATIONAL – RR

PURPOSE: To provide for the urban-style subdivision and/or development, with the provision of communal water and sewer systems, of non-agricultural land uses within the vicinity of the designated waterbodies within Vulcan County.


Accessory buildings Additions to existing buildings Fish ponds Modular homes Public day use areas Public picnic areas Single detached dwellings Storage sheds Swimming areas

Boat launches Club houses Drive-in theatres Duplexes Golf courses Manufactured homes 1 and 2 Marinas Moved-in buildings Moved-in dwellings Multi-family dwellings Outdoor storage Package homes Private campgrounds Public and private utilities Public buildings Recreational facilities Residential accommodation in conjunction

with an approved recreational use Restaurants Retail stores Riding stables Rodeo grounds Rowhouse dwellings or townhouses Service station Single wind energy conversion system Stripping and sale of topsoil for on-site

construction purposes Water slides



2. MINIMUM LOT SIZE


Single detached dwellings and manufactured homes

15.2

50

30.5

100

464.5

5,000

Duplex dwellings and semi-detached dwellings

21.3

70

30.5

100

650.3

7,000

Row dwelling or townhouses - interior unit - end unit

4.9 7.6

16 25

30.5 30.5

100 100

148.6 232.2

1,600 2,500

Multiple family dwelling 24.4 80 30.5 100 743.2 8,000

Commercial uses 15.2 50 30.5 100 464.5 5,000

All other uses As required by the Municipal Planning Commission.


(a) The minimum yard depth for any building or structure shall be:


All uses 7.6 25 1.5 5 7.6 25 (b) In the case of corner lots, a front yard of at least 7.6 m (25 ft.) shall be provided on

one frontage and a secondary front yard of at least 4.6 m (15 ft.) shall be provided for the other frontage.

(c) Accessory buildings shall not be less than 0.6 m (2 ft.) from a side or rear lot line; overhanging eaves shall not be less than 0.3 m (1 ft.) from a side lot line.


All residential buildings including accessory buildings shall be 45%. All other uses as required by the Development Officer or Municipal Planning Commission.

5. ACCESS









7. AREA STRUCTURE PLANS AND DESIGN SCHEMES

The Municipal Planning Commission may recommend that Council require the adoption of an area structure plan or design scheme prior to the approval of a development application is, in the Municipal Planning Commission’s opinion, it is warranted. The following are guidelines which may be required to be provided by all applicants proposing to subdivide and/or develop land within this district.

(a) Application Requirement

All applications for rural recreational land uses shall be accompanied by a duly prepared area structure plan.

(b) Servicing

All applications for rural recreational residential development shall be required to provide for communal water and sewer servicing for the development. Other uses within this district may be required to provide communal servicing on the request of the Municipal Planning Commission.

(c) Conceptual Designs

An application for a multi-lot proposal shall be accompanied by a detailed site plan showing all proposed lots and future development area on the said parcel. The site plan shall be drawn to scale and a copy submitted to the Development Officer when an application is filed with the municipality.

(d) Contours

Where developments are proposed to be built in areas of slopes greater than 10° or where roads and water channelization are to be incorporated in the development, a detailed contour map shall be prepared for the development area.

(e) Other Development Considerations

The developer, in preparing the area structure plan, shall provide details regarding the following matters:

• garbage disposal; • fire protection (location of on-site water reservoirs), school bus service; • location, width and turning radius of existing and proposed roadways;


• access and egress to the proposal; • a statement of all the intended land uses for the development site; • types and location of fencing proposed for the development; • the environmental impacts on lands and wildlife in the immediate area.

(f) Development Agreements

Pursuant to the Municipal Government Act the municipality may, at the time of subdivision or development, require the developer to enter into a development agreement for the construction of roadways and/or servicing necessary to serve the development area.

NOTE: The municipality may require the developer to provide a form of security to ensure that any or all aspects of the agreement are undertaken to the satisfaction of the County.

(g) Geotechnical Reports

As a requirement of the area structure plan, geotechnical reports may be required by the municipality. The said reports may require the following testing and subsequent reports to be done for:

• percolation, • aquifer and groundwater analysis, • slope stability, • drainage.

(h) Architectural Controls

As a development standard of the area structure plan, architectural controls are suggested to be supplied by the developer to ensure that all development in the development area is consistent with neighbouring property. These controls may be registered concurrently by a Restrictive Covenant at the time a plan of survey is filed with Land Titles Office.

(i) Phasing of Subdivision and Development

The developer shall provide to the municipality a detailed time frame that outlines the timing they envision for the consideration and subsequent decision on their development and/or development application.

(j) Public Participation Process and Consultation

The developer shall provide to the municipality a detailed outline of the proposed public participation process for the development and/or subdivision. An indication of the time and place of public meetings as well as consultation with the elected officials and affected community ratepayers is encouraged.

(k) Transportation Routes and Public Utilities

A requirement of an area structure plan is to indicate and provide locations of existing and proposed transportation routes and public utilities which will serve the development area.


(l) Municipal Reserve Dedications

Pursuant to the Municipal Government Act, the municipality may require the applicant proposing a multi-lot subdivision to provide up to 10 percent of the development area for Municipal Reserve purposes. As the municipality’s existing policy is to take money in place of land for this purpose, a market analysis provided by the developer or a price agreed upon by both parties will be used to determine the value of reserve owing on the proposal.

(m) Subdivision and Development Referrals

The developer may be required to obtain other regulatory approvals from the agencies and government departments that have jurisdiction on these uses. The municipality is required to refer certain applications to various agencies and departments for their comments and consent.

NOTE: A municipal approval does in no way absolve a developer from obtaining any other necessary local, provincial or federal approvals including the requirement to undertake an environmental impact assessment.

(n) Types of Subdivision

The Municipal Planning Commission is the Subdivision Authority having jurisdiction in the County. An application that proposes a multi-lot subdivision shall be undertaken either by a plan of survey or by a condominium plan (if bareland is involved).

NOTE: An undivided interest whereby a number of land owners are identified on one or more certificate of title does not constitute a subdivision of land.

(o) Municipal Prerogatives

The municipality, at its sole discretion, may undertake any or all of the following: • adopt a duly prepared area structure plan by municipal bylaw which will

govern subsequent subdivision and development of the specific area, • may change any or all of the guidelines or requirements outlined in the above-

noted sections, • may waive the requirements to provide any of the information discussed in

these guidelines, • may require the developer to provide any additional information not

addressed or contemplated in these guidelines.
























Figure 1










14. FENCES



Figure 2


15. RETAINING WALLS





(c) No non-residential development shall be allowed which may interfere with the amenity of residential areas in the hamlet and the Municipal Planning Commission may:





PUBLIC SERVICE – PS

PURPOSE: To provide for publicly-owned services and facilities and to protect the operation of these facilities from encroachment by incompatible land uses. When located within or adjacent to other major land uses, the development of these uses must be sensitive to these neighbouring areas.


Accessory building Parks and playgrounds Public or quasi-public buildings and uses Public utility Schools Wastewater treatment plants Water treatment plants

Airport Single wind energy conversion system Waste transfer stations


2. MINIMUM LOT SIZE

A minimum lot size of 0.4 ha (1 acre) is recommended for any permitted or discretionary use. This may be varied by the Municipal Planning Commission to reasonably accommodate the proposed use.











6. ACCESS













DIRECT CONTROL – DC

PURPOSE: To give Council the flexibility and discretion to approve a use or development, provided it would not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the use, enjoyment or value of neighbouring properties and has legal and physical access to a developed municipal roadway.

1. PERMITTED AND DISCRETIONARY USES

Any use Council considers appropriate.

2. MINIMUM LOT SIZE

At the discretion of Council.

3. MINIMUM SETBACK REQUIREMENTS

At the discretion of Council.

4. STANDARDS OF DEVELOPMENT

At the discretion of Council having regard to Schedule 4.

5. OTHER STANDARDS

As required by Council.

6. APPROVAL PROCEDURE

(a) Before Council considers an application for a use or development in the Direct Control district, it shall:

(i) cause a notice to be issued by the Development Officer in accordance with Sections 56 and 57 of this bylaw;

(ii) hear any persons that claim to be affected by the decision on the application.

(b) Council may then approve the application with or without conditions or refuse the application.

(c) When applicable, Council should seek comments from other agencies such as the planning advisor, regional health authority or any applicable provincial government department.

7. APPEAL PROCEDURE

Pursuant to section 641(4)(a) of the Act, if a decision with respect to a development permit application is made by Council, there is no appeal to the Subdivision and Development Appeal Board.

Schedule 3

DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT


Schedule 3

DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT

1. No development permit is required for the following:

(a) extensive cultivation or grazing of land;

(b) accessory buildings and structures for the purpose extensive agriculture or grazing, not including confined feeding operations, located beyond the public roadway setbacks outlined in Schedule 2;

(c) the carrying out of works of maintenance or repair to any building, if such works do not include structural alterations or major works of renovation;

(d) the completion of a building which was lawfully under construction at the date this bylaw came into effect provided that the building is completed in accordance with the terms and conditions of any development permit granted;

(e) the completion of a building that did not require a development permit under the previous Land Use Bylaw and which was lawfully under construction provided the building is completed within 12 months from the date this bylaw came into effect;

(f) the use of any building referred to in subsection (b) of this schedule for the purpose for which construction was commenced;

(g) the erection or construction of temporary buildings, works, plants or machinery that, in the opinion of the Development Officer or the Municipal Planning Commission, are needed to erect or construct a development;

(h) home occupations;

(i) single wind turbines which are roof mounted or on towers less than 12.2 m (40 ft.) in height;

(j) signs which are 3.0 m2 (32 sq. ft.) or less in area [also see Schedule 4];

(k) the stripping of any topsoil to accommodate a building or other development provided that the topsoil is not removed from the parcel concerned;

(l) those developments exempted by sections 618 and 618.1 of the Municipal Government Act including: provincial highways, oil or gas well or battery, a pipeline or installation or structure incidental to the operation of a pipeline, and confined feeding operations;

(m) one portable storage shed per lot, not exceeding 3 m x 3.7 m (10 ft. x 12 ft.) in size. 2. If there is doubt as to whether a development is of a kind listed in section 1 above, the

matter may be referred to the Municipal Planning Commission for a decision.

Schedule 4

STANDARDS OF DEVELOPMENT


Schedule 4

STANDARDS OF DEVELOPMENT

General Standards

1. ACCESS TO AND DEVELOPMENT NEAR PROVINCIAL HIGHWAYS

(a) All accesses on provincial highways shall be approved by Alberta Transportation. All access to a provincial highway is considered temporary. Existing accesses may require closure or relocation. The department will review any development adjacent to a provincial highway and determine whether an access, existing or proposed, is acceptable.

(b) All land redesignations and new developments that will cause intensified or increased use of any access to provincial highways shall be approved by Alberta Transportation.

(c) Provincial legislation may require that Alberta Transportation issue a Roadside Development Permit when development takes place in proximity of the primary highway system.

2. DUGOUTS

(a) No part of any dugout, regardless of size, shall be located within 76.2 m (250 ft.) of the centre line of a highway or public road.

(b) Dugouts may be allowed closer to the centre line of a highway or public road if a barricade – as outlined in Appendix B – is installed along 100 percent of the length of that part of the dugout fronting the highway or public road and 25 percent of the length of the sides of the dugout.

(c) The minimum standard of a barricade that may be required around a dugout shall be a post and cable barricade as shown on Figures 1, 2, 3 and 4 in Appendix B.

3. DRAINAGE

(a) At the discretion of the Development Officer or Municipal Planning Commission, the applicant shall be required to grade a parcel in such a manner that all surface water will drain from the building and other site improvements.

(b) The Development Officer or Municipal Planning Commission, at his discretion, may establish parcel and building elevations if it is believed that drainage from existing elevations will affect adjacent parcels.


4. KENNELS

(a) An application for a development permit must be made to the Development Officer by submitting:

(i) a completed development application in Form A of Appendix A;

(ii) the fee prescribed in Form A;

(iii) a site plan indicating the legal description, all property lines and easements, and the location of existing and proposed development in relation to lot boundaries; and

(iv) floor plans, elevations and sections at a minimum scale of 1:200 or such other scale as required by the Development Officer.

(b) No buildings or exterior exercise area(s) to be used to accommodate dogs shall be allowed within 304.8 m (1,000 ft.) of any dwelling located on adjacent parcels and a diagram indicating the distances shall be submitted with the development permit application. A reciprocal setback from existing kennels shall be applied to all new dwellings.

(c) All dog facilities, including buildings and exterior exercise areas, shall be located to the rear of the principal building and shall be constructed to the following standards:

(i) interior walls and ceilings shall be constructed of washable building material;

(ii) exterior walls should be fire-resistant and impervious to moisture;

(iii) doors, window frames and window sashes should be impervious to moisture and rodent resistant;

(iv) insulation shall be required, taking into consideration the breed, age and overall health of the dogs; and

(v) all facilities must have adequate ventilation and light.

(d) The Municipal Planning Commission may, when issuing a development permit, determine the maximum number of adult dogs that may be kept at any one time by the operator of a private or commercial kennel.

(e) All pens, rooms, exercise runs, and holding stalls shall be soundproofed if deemed necessary by the Municipal Planning Commission which shall base its decision on the number of animals to be kept at the kennel, the proximity of the kennel to other uses and/or other kennels, and possibility that the noise from the kennel may adversely affect the amenities of the area.

(f) In addition to soundproofing requirements, the times at which the animals are allowed outdoors may be regulated. In particular, all dogs at a kennel, including pups, may be required to be kept indoors between the hours of 11:00 p.m. and 7:00 a.m.

(g) All kennel facilities shall be screened by both a visual and sound barrier, by fences and/or landscaping, from existing dwellings on adjacent parcels to the satisfaction of the Municipal Planning Commission.


(h) Kenneling facilities shall be operated in accordance with health regulations and, in particular, excrement and similar waste shall be disposed of in a manner acceptable to Alberta Health Services.

(i) Permits issued for kennel development may be limited to a maximum period of three years and shall be subject to immediate revocation if the kennel is not developed or operated in accordance with the conditions of approval.

(j) Application for a renewal of a development permit for a kennel operation shall take into consideration the following:

(i) mandatory inspection report by a doctor of veterinary medicine submitted with application;

(ii) any previous complaints or comments from adjacent landowners;

(iii) complaints filed to the Alberta Society for the Prevention of Cruelty to Animals (SPCA);

(iv) compliance with the Canadian Veterinary Medical Association Code of Practice for Canadian Kennel Operations–- Edition May 2007.

(k) As a condition of approval, the Municipal Planning Commission shall require that the applicant submit an inspection report, prepared by a doctor of veterinary medicine, to Vulcan County on the anniversary date of the permit. In addition, at the discretion of the Municipal Planning Commission, the applicant may be required to submit yearly inspection reports as a condition of approval.

5. LANDSCAPING AND SCREENING The following standards apply to discretionary uses only:

(a) The Municipal Planning Commission may impose landscaping or screening requirements on a development if, in its opinion, these would serve to improve the quality or compatibility of the development.

(b) Where any parcel or part of a parcel is used for outdoor storage of goods, machinery, vehicles, buildings or waste materials, the Municipal Planning Commission may require screening by buildings, fences, hedges, trees, berming or other landscaping features to its satisfaction.

6. MANUFACTURED / MODULAR / READY-TO-MOVE HOME STANDARDS

(a) Eligible Homes

(i) Manufactured Home 1

• New factory-built units within the past year of application for a permit.

(ii) Manufactured Home 2

• Used factory-built units, not more than 15 years old, in a good state of repair (to the satisfaction of the Municipal Planning Commission).

• Current Canadian Standards Association (CSA) certified units.


• Any application for a development permit to locate a used manufactured home shall include recent colour photographs of all elevations (i.e. front, side and rear views) including additions.

(iii) Modular Homes

• New units built within the past year of application for a permit and/or not previously occupied.

(iv) Ready-to-Move Homes

• New units built within the past year of application for a permit and/or not previously occupied.

(b) Additions to Manufactured / Modular / Ready-To-Move Homes

(i) Any additions, such as enclosed patios, entrance porches, carports, storage areas, additional rooms, or any other wholly or partially roofed structure, shall require a development permit.

(ii) The materials and colours used in the construction of additions shall be of a quality, style and design which will match or complement the dwelling.

(iii) Materials used shall be those commonly used for exterior finishing of residences.

(c) Foundations

(i) All manufactured, modular or ready-to-move homes shall be placed on permanent foundations to the satisfaction of the current Alberta Building Code.

(ii) All manufactured, modular or ready-to-move homes shall be skirted to meet the requirements established by the Development Officer or Municipal Planning Commission, if required.

(iii) A basement for a manufactured, modular or ready-to-move home may be permitted, provided access to the basement is housed within an approved enclosure.

(iv) The maximum allowable height of the exposed portion the foundation or skirting may not be more than 0.6 m (2 ft.) above the average finished surface level of the surrounding ground.

(d) Utilities

Utility connections shall be installed by qualified tradespersons only, and at the expense of the dwelling owner. Electrical and natural gas hook-ups must be done by licensed journeymen.

(e) Conditions on Development Permits

If the Development Officer or the Municipal Planning Commission considers it necessary, the approval of any of the dwelling types listed in Section (a) may include the condition that overnight occupancy of the dwelling may not commence until the requirements of the Safety Codes Act regarding the provision of potable water and sanitary sewage disposal are complied with.


7. MOVED-IN BUILDINGS AND DWELLINGS

(a) Before considering any application for a moved-in dwelling or other building, the Development Officer or Municipal Planning Commission shall require:

(i) not less than two recent colour photographs of the structure showing different elevations;

(ii) evidence the building meets the requirements of the Safety Codes Act or, if it does not, how the building will be brought up to these requirements;

may require:

(iii) security, including a letter of credit of $1,000.00, or more as recommended by the Development Officer to ensure that any conditions of approval are completed;

(iv) any other reasonable information required by the Municipal Planning Commission.

(b) In deciding on an application, including establishing any conditions of approval, the Development Officer or Municipal Planning Commission shall have regard to the potential impact on existing and proposed uses in the vicinity of the proposed site.

(c) Occupancy of any moved-in dwellings is not allowed until all the development conditions have been complied with by the owner/developer.

8. OFF-STREET PARKING AND LOADING AREA REQUIREMENTS FOR NON-AGRICULTURAL USES

(a) General Requirements

(i) All parking space provided shall be on the same lot as the building or use, except where the Municipal Planning Commission may permit parking space to be on a lot within such distance as prescribed by the Municipal Planning Commission of the building (or use) if, in their opinion, it is impractical to provide parking on the same lot with the building or use. Where such other parking space is provided, a caveat, to the approval of the Municipal Planning Commission, shall be registered against the lot.

(ii) The number of parking stalls to be provided for any land use shall be as required by the Municipal Planning Commission.

(iii) Parking areas shall be laid out and delineated in a manner which will provide for orderly parking.

(iv) Parking areas shall be constructed in a manner which will permit adequate drainage and snow removal.

(v) The Development Officer or Municipal Planning Commission may require that parking areas or portions thereof be hard-surfaced, e.g. asphalt.

(vi) Off-site levies may be charged for parking areas or portions thereof that do not conform to this bylaw.

(vii) No parking shall be permitted in any required front yard in a designated hamlet (recreation vehicles, boats, etc.) other than on a properly constructed driveway.


(viii) Parking stalls are to be a minimum of 3.0 m x 6.1 m (10 ft. x 20 ft.) in size.

(b) Specific Requirements

Use Number of Parking Stalls Required

Automotive sales and service 1 per employee or more as required by the Development Officer

Bulk fertilizer storage and sales 1 per employee or more if required by the Development Officer

Bulk fuel and sales 1 per employee or more if required by the Development Officer

Churches 1 per each 4 seating spaces

Civic halls or clubs and public assembly buildings

1 per 9.3 m2 (100 sq. ft.) of gross floor area or 1 per every 6 seating spaces

Grain elevators 1 per employee or more if required by the Development Officer

Medical clinics 1 per employee and 1 per each 18.6 m2 (200 sq. ft.) of gross floor area

Motor hotels and motels 1 per guest room

Multiple family dwellings 1.5 per dwelling unit

Public services As required by the Development Officer

Public utilities As required by the Development Officer

Retail and service outlets 1 per each 27.9 m2 (300 sq. ft.) of gross floor area

Roadside restaurants and cafes 1 per every 2 seating spaces

Schools 1 per employee or more if required by the Development Officer

Service stations 1 per employee and 2 per service bay

Single detached dwellings and mobile homes

2 per dwelling

Theatres 1 per 4 seating spaces

Two-family dwellings 2 per unit

All other uses As required by the Development Officer


(c) Loading Area Requirements (i) For commercial, industrial and other uses determined by the Municipal Planning

Commission, there shall be a minimum of one off-street loading area, or more as required by the Development Officer.

(ii) The Development Officer or the Municipal Planning Commission may require that off-street loading areas be provided in other land use districts.

(iii) The Development Officer or the Municipal Planning Commission may require additional loading areas or doors at their discretion.

(iv) Each loading area shall be a minimum of 3.0 m (10 ft.) in width and 9.1 m (30 ft.) in length.

(v) Each loading area shall provide a loading doorway of adequate size into the building.

(vi) Each loading area shall be designed so that vehicles using it will not interfere with safe and convenient pedestrian movement, traffic flow and parking.

9. POWER GENERATION FACILITIES

(a) Definitions

The following definitions apply to this part:

1. BLADE(S) means the part(s) of a WECS system that forms an aerodynamic surface and revolves on contact with the wind.

2. BLADE CLEARANCE means the minimum distance from grade to the tip of the blade(s) when that tip is at the bottom of a full 360° revolution and pointed down to the ground.

3. DEVELOPMENT OFFICER means a person appointed by municipal bylaw pursuant to section 623 of the Municipal Government Act, RSA 2000, as amended, to exercise development powers and perform duties on behalf of the municipality.

4. GRADE means the elevation of the developed and finished ground surface at the base of the tower.

5. HORIZONTAL AXIS NACELLE means a WECS on which the axis of the nacelle is parallel to grade.

6. MUNICIPAL PLANNING COMMISSION (MPC) means a body established by municipal bylaw pursuant to the Municipal Government Act, RSA 2000, as amended, to consider and issue decisions on planning applications.

7. NACELLE means the part of the WECS that includes a generator, gearbox or yaw motors and other operating parts that is installed at the top of the tower, and to which the blade(s) are attached, and is responsible for converting wind power to energy.

8. SINGLE WIND ENERGY CONVERSION SYSTEM (WECS) means a single wind energy conversion system developed to generate electrical power for a single landowner for domestic and/or agricultural uses.


9. TOTAL HEIGHT means the distance from grade to the tip of a blade when that tip is at the top of a full 360° revolution and is pointed up to the sky.

10. TOWER means the vertical structure that supports the nacelle and the blade(s) above the ground.

11. WIND ENERGY CONVERSION SYSTEM (WECS) means the aggregation of parts, including but not limited to the tower, nacelle and blades that in their aggregate convert wind energy into electrical power.

12. WIND FARMS means two or more WECS on two or more contiguous or non-contiguous parcels of land and approved under a single development permit, or in phases under a single development permit.

(b) Applicability of Standards

The standards outlined below apply to power generation facilities that feed power back into the general provincial power grid or are distributed to other properties. Generators providing power only to the property on which it is located do not require a development permit.

(c) Single Wind Energy Conversion System

(i) An application for a single WECS may, upon the request of the Municipal Planning Commission, provide some or all of the information as outlined in Section (d) below.

(ii) The system’s tower shall be set back a minimum distance equal to the height of the tower from all parcel lines, and a minimum distance of 3.0 m (10 ft.) from any other structure on the parcel on which the system is located if not attached to a structure. In addition the system’s tower is set back a minimum distance equal to the height of the tower from any structure on adjoining parcels.

(iii) The system’s tower may not exceed a maximum height of 12.2 m (40 ft.) on a parcel of less than 0.4 ha (1 acre), a maximum of 19.8 m (65 ft.) on a parcel of 0.4 ha (1 acre) to less than 2.0 ha (5 acres), and maximum height of 24.4 m (80 ft.) on a parcel 2.0 ha (5 acres) or more.

MULTIPLE UNIT WIND ENERGY CONVERSION SYSTEMS (WECS)

(d) Information Requirements

All development applications for multiple WECS shall be accompanied by:

(i) a development permit application shall be submitted for each titled parcel;

(ii) an accurate site plan showing and labeling the following:

a. physical dimensions of the property or parcel;

b. the location of existing structures on the property or parcel;

c. elevation drawings plan drawn to scale;

d. foundation plan with specifications;


e. if a non-tubular design is proposed, the anchor design, location of any guy wire anchors, and how the tower is to be secured from unauthorized access or use;

f. the exact location of each proposed WECS on the property;

g. the location of all existing and proposed utilities and sub-stations on the property or parcel;

h. the location of all existing and proposed utilities on lands abutting the subject property or parcel;

i. existing topography with contours at 3.0 m (10 ft.) intervals of the land;

j. existing or proposed access roads;

k. if the WECS is to be developed in stages, a phasing; and

l. proposed setbacks;

(iii) a digital version of the site plan showing exact location and base elevation of each wind turbine in UTM coordinates with NAD 83 datum, Zone 12;

(iv) a visual representation of the multiple WECS (wind farm) including scale elevations, photographs and/or digital information of the proposed wind farm showing total height, rotor diameter, colour, and the landscape;

(v) an analysis of the visual impact of the project, especially with respect to the scenic qualities of Vulcan County’s landscape. The analysis will include the cumulative impact if other WECS are within 2 km (1.2 miles) of the property or parcel;

(vi) an analysis of the visual impact of above ground transmission lines to and from the property or parcel if above ground transmission lines are proposed for the development;

(vii) the manufacturer’s specifications indicating:

− the WECS rated output in kilowatts;

− safety features and sound characteristics;

− type of material used in tower, blade, and/or rotor construction;

− dimensions;

(viii) an analysis of the potential for electromagnetic interference to other WECS, radio, telephone, wireless, satellite, micro-wave, radar, or other electronic communication systems;

(ix) an analysis of the potential for noise and strobe effect at:

− the site of the installation,

− the boundary of the property containing the development,

− any habitable residence within 2 km (1.2 miles) distance;

(x) an analysis of environmental consideration including roadways, on-site potential for fluid leaks, impact upon wildlife, or any other identified issues;

(xi) the safety plan of the proposal;


(xii) a plan showing ingress and egress from the property or parcel detailing any impacts to the local road system including required approaches from public roads having regard to Vulcan County road standards;

(xiii) the results of the historical resource analysis, if required by Alberta Community Development;

(xiv) identification of the road or roads to be used to bring construction materials and equipment to the property or parcel, and the road or roads to be used to remove construction materials/debris and equipment from the property or parcel;

(xv) the results of the public consultation process initiated by the developer.

(e) Referrals

(i) Prior to making a decision on a development application for a WECS, the applicant shall provide the County with the results of the applicant’s circulation of their proposal to the following agencies and departments:

− Alberta Utility Board

− Alberta Transportation

− Alberta Sustainable Resource Development

− Transport Canada

− Navigation Canada

− Alberta Culture and Community Spirit

− Alberta Agriculture, Food and Rural Development

− Alberta Environment

(ii) The Municipal Planning Commission shall also refer a development application for a WECS to:

− an adjacent municipal jurisdiction if the boundaries of the municipal jurisdiction are within 2 km (1.2 miles)of the proposed WECS,

− landowners within 2 km (1.2 miles)of the proposed WECS.

(f) Decommissioning

(i) Each application shall provide a plan outlining how the site will be decommissioned and reclaimed to the site’s predevelopment state and such plan shall include information on:

− treatment of footings;

− reclamation of roads, driveways, pathways, and other similar disturbances;

− notice to land owners and the County;

− containment of hazardous materials;

− site security;


− haul routes for disposal materials;

− discussion of the timetable for the submission of a final decommissioning plan.

(ii) As a condition of development approval, the County shall require an irrevocable letter of credit to ensure the Reclamation/Decommissioning Plan is implemented. The condition may include a periodic review of the letter of credit to ensure the amount is sufficient to implement the Reclamation/ Decommissioning Plan.

(iii) Should a WECS discontinue producing power for a minimum of two (2)years, the WECS operator shall provide a report on the status of the WECS to the County. A review of the status report by the Municipal Planning Commission may result in a request for the WECS to be decommissioned. Failure to comply with a decommissioning request may result in the issuance of a stop work order by the County in accordance with the provisions of the Municipal Government Act.

(g) Setbacks

(i) A WECS shall be located not less than the total height of the WECS plus 10.0 m (33 ft.) from the right of way of a highway or municipal road.

(ii) A WECS shall be located not less than twice the total height of the WECS from any dwelling unit.

(iii) A WECS shall be located not less than the total height of the WECS plus 10.0 m (33 ft.) from any building.

(iv) A WECS shall be located not less than five (5) times the total height of the WECS from any dwelling that is located on an adjacent, separately titled property.

(v) Where, in the opinion of the Municipal Planning Commission the setbacks referred to in sections (g) (i) through (iv) above are not sufficient to reduce the impact of a WECS from a residence, building, public roadway or highway, the Municipal Planning Commission may increase the required setback.

(h) Minimum Blade Clearance

The minimum blade clearance from grade shall be 7.6 m (25 ft.).

(i) Tower Access and Safety

(i) Non-tubular WECS towers:

a. a security fence of not less than 2.4 m (8 ft.) in height, with outward facing barbed wire at the top of the fence and a locking gate shall be installed around a WECS tower and any outlying guy wire anchor points;

b. shall have no ladder or other similar access device installed on the outside of the tower below a point 3.7 m (12 ft.) from grade;

c. shall have a locking device installed to bar access to the top of the tower.


(ii) Tubular WECS towers:

a. shall have internal access;

b. shall be secured with a locked door for access at or near grade.

(j) Energy Collection Lines

All energy collection lines on the site of the WECS to the substation or grid shall be underground.

(k) Quality of Development

(i) Unless otherwise required by the Municipal Planning Commission, subject to (ii) below, a WECS shall be finished in a non-reflective matte and in a colour which minimizes the obtrusive impact of a WECS to the satisfaction of the Municipal Planning Commission.

(ii) No lettering or advertising shall appear on the towers or blades. On other parts of the WECS, the only lettering shall be the manufacturer’s identification or municipal symbol.

(iii) Only new and modern WECS shall be approved.

(iv) Used or recycled WECS shall not be approved.

(v) All units in the development shall be of a consistent design.

(l) Public Consultation

(i) A developer of a WECS must conduct a public consultation program, at the complete expense of the developer, which provides all landowners and residents within 2 km (1.2 miles) of the property or parcel subject to a WECS proposal the information outlined in Section (d).

(ii) The public consultation program shall include one (1) public meeting prior to the application for a WECS being submitted to the County.

(iii) The notice for the public meeting may be made either by mail our or newspaper advertising.

(iv) The written information and developer contacts provided must be the same in the mail out and advertising.

(v) The information presented at the public meeting and in the mail out/newspaper advertising must address the points in (d) above.

(m) Multiple WECS

(i) Two or more WECS on a parcel or lot shall be considered a multiple WECS for the purpose of this bylaw.

(ii) The Municipal Planning Commission may approve multiple WECS on a case by case basis having regard to:

− proximity to other immediate land use,

− density of WECS,


− consideration of the cumulative effect of all WECS approved or proposed within 5 km (3 miles)of the proposal,

− underlying utilities,

− a density of 1 WECS per 4.0 ha (10 acres) of title area.

(iii) Prior to a decision being made by the Municipal Planning Commission, the applicant shall hold a minimum of one (1) public meeting to inform the public on the details of the proposal and to solicit the views and opinions of the public in regard to the application.

OTHER POWER GENERATING FACILITIES

(n) Information Requirements

The Municipal Planning Commission may require any or all of the information outlined in Section 4 of this schedule for any other type of non-wind energy generating facility.

(o) Referrals

Prior to making a decision on an application for an energy generating facility, the application shall be referred to the agencies listed in section (d) of this section.

(p) Transmission Lines

All energy transmission lines on the site of the energy generating facility to the substation or grid shall be underground unless otherwise approved by the Municipal Planning Commission.

(q) Other Standards

The Municipal Planning Commission may apply to any energy generating facility any other standards that are provided for in the Land Use Bylaw, including:

(i) a condition to enter into a road use agreement with the County to address road maintenance and repairs that may arise from the development;

(ii) a condition to post security with the County;

(iii) a condition to allow the developer to register the approved project in phases.

SITE SPECIFIC ENERGY GENERATING FACILITIES

(r) Energy generating facilities whose energy is not distributed off of the lot upon which the energy generating facility is located may be approved on a case-by-case basis by the Municipal Planning Commission taking into regard the applicable standards of this bylaw.

10. QUALITY OF DEVELOPMENT

The Municipal Planning Commission may attach conditions to a development approval which serve to improve the quality of any proposed development within any land use district. Such special conditions may include, but are not limited to, landscaping, paving


parking areas, exterior building finishes, setback variations, the control of noise, smoke, smell and industrial wastes.

11. SECOND SINGLE FAMILY DWELLING UNITS

(a) A second dwelling unit must meet the definition of a developed residence as follows:

(i) is habitable;

(ii) has developed legal access;

(iii) has electrical and gas utilities available to the site;

(iv) has a supply of potable water and a functional sewage disposal system;

(v) is situated on a permanent foundation.

(b) No more than one (1) second dwelling unit shall be permitted on any parcel or lot.

(c) The parcel must be a minimum of 1.2 ha (3 acres) in size.

(d) A second dwelling unit may only be permitted on a parcel or lot on which there is already built one (1) single detached dwelling unit (main residence).

(e) The second dwelling shall be placed in such a manner so that the two dwellings do not utilize an area greater than 4.0 ha (10 acres). The configuration of the 4.0 ha (10 acre) area must strive to be compact in nature and must be acceptable to the Development Officer or Municipal Planning Commission.

(f) Either the second dwelling unit or the main residence shall be occupied by the owner of the property and is considered the owner’s primary residence.

(g) The second dwelling unit shall be subject to the same minimum required setbacks for front, side and rear yards as the principal dwelling on the parcel.

(h) The applicant shall have a professional soil test/analysis done at their expense to ensure that the soil characteristics are capable of supporting multiple septic fields. The analysis must include identifying and confirming the depth to water table to meet provincial requirements. Analyses of the test must be performed and approved by an engineer or approved agency under Alberta Labour, with a copy of the report submitted with the development permit application.

(i) Joint access may be required as a condition of approval.

12. SIGNS

(a) No sign shall be illuminated unless the source of the illumination is steady and suitably shielded.

(b) No sign shall obstruct clear vision of, or otherwise interfere with vehicular traffic or any authorized traffic sign, signal or device.

(c) All signs shall be maintained in a safe and tidy manner to the satisfaction of the Development Officer or the Municipal Planning Commission.


(d) The Municipal Planning Commission retains the right to decide upon development applications involving the height, the number and/or the type of sign having regard to its purpose and the merits of the proposal.

13. TOPOGRAPHIC FEATURES

(a) Sloped Areas

For hummocks, buttes and other isolated land projections, slopes of greater than 20 percent are considered unsuitable for development unless otherwise determined by the Development Officer and all slopes greater than 15 percent may require special engineering and other treatment. If these topographic features are levelled, resulting slopes shall not exceed 20 percent and the levelling, compacting and other engineering, as well as environmental considerations, must be to the satisfaction of relevant authorities. Related to the foregoing, satisfactory proposed contour and other plans may be required.

(b) Earth Grading

(i) protrusions of escarpments with a minimum width of 90 m (295 ft.) at its widest point shall not be removed;

(ii) all protrusions of escarpments that are removed or levelled must result in grades where the protrusion formerly existed of not greater than 15 percent, not including the adjoining escarpment wall;

(iii) a maximum slope of 33 percent shall result for escarpment lands where protrusions are removed or levelled (i.e. for the escarpment wall formed by the cut of the former protrusion).

(c) Setbacks from Toes of Slope

Unless otherwise determined by the Development Officer or Municipal Planning Commission, setbacks from toes of slopes shall be a minimum of 9.1 m (30 ft.) from the toe of a slope. Laneways and utilities may be constructed within the setback areas.

(d) Valley or Coulee Breaks (Escarpment Rim)

The following setbacks from the front edge apply, unless otherwise determined by the Development Officer or Municipal Planning Commission:

LAND LEFT UNDISTURBED FOR VALLEY BREAK (ESCARPMENT RIM) OR COULEE

Average Depth of Valley Distance of Land Left Undisturbed

0 - 15 m (0 - 49.2 ft.) 25 m (82 ft.) 15 - 30 m (49.2 - 98.4 ft.) 45 m (147.6 ft.) > 30 m (> 98.4 ft.) 60 m (196.9 ft.)

Lanes and utilities may not be developed within these areas except when agreed upon by relevant authorities to serve public reserve parcels.


(e) Benches

The following setbacks apply unless otherwise determined by the Development Officer or Municipal Planning Commission:

(i) parcel boundaries shall be setback a minimum a 9.1 m (30 ft.) from the brink of a slope (front edge of a bench) when the height of the slope is greater than 3.0 m (10 ft.);

(ii) when the front edge of a bench is steeper than 33 percent and higher than 25 m (82 ft.), the minimum setback from the point where the slope begins to fall off at a rate greater than 33 percent shall be one-third (1/3) the height of the slope.

14. VULCAN MUNICIPAL AIRPORT VICINITY PROTECTION

Any proposed development within one-half mile of the runways of the Vulcan Municipal Airport which is greater than 7.6 m (25 ft.) in height shall be referred to Alberta Transportation and Transport Canada for comment before a decision is made on the development application.

Appendix A

FORMS AND APPLICATIONS

Application No. _______________

Roll Number:__________________

Date Received: _______________

Fee Received: _______________ Fire Department Served By:_______________________________________

APPLICATION FOR DEVELOPMENT PERMIT

CONTACT AND OWNERSHIP INFORMATION APPLICANT: _____________________________________ CONTACT NAME: ________________________________________ ADDRESS: _______________________________________ PHONE NUMBER:________________________________________ _______________________________________ ALTERNATE:_________________________________________ _______________________________________ FAX:_________________________________________ I, the registered owner of the lands in questions, hereby authorized the above mentioned party to make application for the following development ________________________________________________________________ REGISTERED OWNER OF LAND:

____________________ ______________________ (PLEASE PRINT) (SIGNATURE)

SITE INFORMATION LEGAL DESCRIPTION: Lot _______ Block______ Registered Plan:______________

Part of _________¼ Section __________ Twp ___________ Range __________ W of _______ Meridian LAND USE DISTRICT:________________________ PARCEL SIZE___________________ DEVELOPMENT INFORMATION DESCRIBE THE PROPOSED DEVELOPMENT / USE OF THE PROPERTY: ________________________________________________ _______________________________________________________________________________________________________________________

□ Dwelling (incl. home additions) □ Temporary Structure □ Manufactured Home (Mobile)

□ Second Residence □ Garage, Shop, Shed (Please circle one) □ Moved in Building

□ Modular Home □ Other: _________________________ □ Demolition

□ Replacement Home EXISTING BUILDINGS & PRESENT USE _____________________________________________________________ INDICATE THE PROPOSED SETBACKS FROM THE PROPERTY LINES: Front Yard _______________ Rear Yard _______________ Side Yard (1) ________________ Side Yard (2) ___________________ ESTIMATED DATE OF COMMENCEMENT: ______________ COMPLETION: ____________ COST OF PROJECT: $___________ GEOGRAPHIC ARE ANY OF THE FOLLOWING WITHIN ½ MILE OF THE PROPOSED DEVELOPMENT: Land fill or garbage disposal site: ____________________________ Confined livestock operation___________________ Sewage treatment plant or sewage lagoon ____________________ Sour Gas Well or Pipeline _____________________ River or Waterbody ______________________________________ Multi Lot Residential Subdivision_________________ Slopes of 15% or greater__________________________________ Provincial Highway ___________________________

DECLARATION I hereby allow right of entry for inspection purposes __________________________________ I hereby make this application and acknowledge all plans and information submitted are, to the best of my knowledge, true and accurate: _____________________________ __________________________________ Date Applicants Signature The personal information on this form is being collected for the purpose of processing the Development Permit Application under the Authority of the Freedom of Information and Protection of Privacy (FOIP) Act, and is protected by the FOIP. If you have any questions about the collection, contact Vulcan County FOIP Assistant at phone 403-485-2241.

DEVELOPMENT PERMIT PROCESS

1. The Development Permit Application is to be filled out including an attached site plan, and any

other information required, giving the dimension of the lot and the distances from the proposed

development to property lines on all four sides.

2. The County office will then place an ad in the newspaper upon approval of the Development

Officer/Municipal Planning Commission.

3. You will receive a copy of the Notice of Decision and Development Permit Application in the mail

dated the day the Development Permit was advertised in the paper although the Development Permit

is not valid until 14 days after the Date of Issue of Notice of Decision.

4. The Development Permit is subject to the following conditions (this is noted on the Notice of

Decision form in the gray area):

a) That the development or construction of the said land(s) will not begin until 14 days after the

Date of Issue of Notice of Decision.

b) That the development or construction shall comply with the conditions of the decision herein

contained or attached.

c) That the development or construction will be carried out in accordance with the approved

plans and application.

d) That this permit shall be invalid should an appeal be made against the decision. Should the

Development Appeal Board approve the issue of this permit, the permit shall be valid from

the date of decision and in accordance with the conditions of the Development Appeal Board.

e) This permit is valid for a period of 12 months from the date of issue or the date of an

approved decision of the Development Appeal Board. If at the expiry date of this period the

development or construction has not been commenced or carried out with reasonable

diligence this permit shall be invalid.

6. After the advertisement period the Development Permit and Notice of Decision are photocopied and

sent to various other agencies that require a copy of the approved development permit.

7. If your application has been refused or approved subject to conditions set forth by the Development

Authority, you can appeal the decision to the SUBDIVISION AND DEVELOPMENT APPEAL

BOARD. If an applicant wishes to appeal the decision, a written notice of appeal must be served to

the Subdivision and Development Appeal Board Secretary within 14 days of the Date of Issue of

Notice of Decision. Appeals may be mailed to:

SECRETARY, SUBDIVISION AND DEVELOPMENT APPEAL BOARD

BOX 180 VULCAN, ALBERTA T0L 2B0

Phone 403-485-2241 Fax 403-485-2920

102 Centre Street, Vulcan Alberta T0L 2B0 Phone (403) 825-2241 Fax (403) 485-2920 www.vulcancounty.ab.ca

A P P L I C A T I O N F O R A L A N D U S E B Y L A W A M E N D M E N T IMPORTANT: This information may also be shared with appropriate government/other agencies (e.g. Alberta Agriculture, Food and Rural Development; Alberta Environment; the regional health authority), and may also be kept on file by those agencies. This information may also be used by and for any or all municipal programs and services. The application and related file contents will become available to the public and are subject to the provisions of the Freedom of Information and Protection of Privacy Act (FOIP). If you have any questions about the collection of this information, please contact The Municipal District of Willow Creek No. 26.

APPLICANT: Telephone:

ADDRESS: Fax:

Bus/Cell:

REGISTERED OWNER: Telephone:

LEGAL DESCRIPTION: Lot(s) Block Plan

OR: Quarter Section Township Range W M

PROPOSED AMENDMENT:

From:

To:

APPLICANT’S SUBMISSION: Please state your reasons for applying for this amendment and if applicable, supply details of future plans/development, complete with sketches that illustrate the proposal. Attaching separate sheets will be necessary.

REGISTERED OWNER OR PERSON ACTING ON BEHALF OF: I/we agree to the collection and sharing of this information contained in this application, and any other information that may be required to verify and evaluate this application as explained above. I have submitted particulars concerning the completion of the proposed development and agree to comply in all respects with any conditions that may be attached to any development permit that is issued and with any other bylaws that are applicable. I am aware that I may be required to pay for all local improvement costs, which include drainage, sidewalks, road construction, street lighting, water and sewer main extensions, utility connection fees and installation costs at the present established rate. I have read and understand the terms noted above and hereby apply for that described above and/or on the attached plans and specifications. I further certify that the registered owner(s) of the land described above is aware of this application. DATE: SIGNED:

DATE: SIGNED: Applicant (s)

FOR OFFICE USE ONLY Form I

Application No.

Fees Submitted: $

Site Inspection:

Appendix B

POST AND CABLE BARRICADE STANDARDS

Appendix C

MUNICIPAL PLANNING COMMISSION BYLAW NO. 98-011

Appendix D

EXAMPLES OF SUBDIVISION POLICIES

Examples of Subdivision Policies

Figure 1:

Example of Single Lot Developed Country Residential subdivision. Rural General land use district, Schedule 2, Section 13 (i)

Figure 2:

Example of Single Lot Vacant Country Residential subdivision. Rural General land use district, Schedule 2, Section 13 (k)

Farmstead – flexible Maximum size based on improvements

Vacant Maximum size = 3 acres Minimum size = 1 acre

Denotes separate title



Figure 3:

Example of Cut-off or Fragmented Agricultural Parcel subdivision. Rural General land use district, Schedule 2, Section 13 (f) & (g).

Figure 4:

Example of subdivision of Existing Small Titles. Rural General land use district, Schedule 2, Section 13 (h) .



- Residual parcel must be greater than 3 acres

- Max 4 titles per quarter section

- Existing title must be greater than 6 acres and less than 40 acres.

- Maximum 3 titles per quarter section



Figure 5:

Example of Single Lot Developed and Single Lot Vacant Country Residential Subdivision for Small Holdings land use district. Schedule 2, Section 13 .

Figure 6:

Example of subdivision options for Single Lot Country Residential land use district. Schedule 2, Section 2 & 3.

Farmstead – Maximum size 10 acres

1 Existing Parcel

Vacant – Minimum size = 3 acres Maximum size = 10 acres

Farmstead Minimum size = 1 acre Maximum size =

Vacant Minimum size = 1 acre

Maximum size = 3

Proposed Rezone & Subdivision


Figure 7:

Example of subdivision for Grouped Country Residential land use district. Schedule 2, Section 2, 3 & 4 .

• Minimum size = 1 acre

• Maximum size = 3 acres

• A maximum of 10 contiguous parcels per quarter section

• An area structure plan or design scheme may be required


Documents

COUNTY OF VULCAN NO. 2 - Home | Vulcan Countyvulcan.civicwebcms.com/sites/vulcan.civicwebcms.com/files/media... · Vulcan County Land Use Bylaw No. 2010-010 Page 1 . Vulcan County