MUNICIPAL DISTRICT OF LESSER SLAVE RIVER NO. 124

LAND USE BYLAW

BYLAW 2004-06

as amended

September 2004 (Revision Date: May 2009)

1.1 TITLE

The title of this Bylaw shall be the Land Use Bylaw of the Municipal District of Lesser Slave River No. 124.

The purpose of this Bylaw is to regulate and control the use and development of land and buildings within the Municipal District to achieve the orderly and economic development of land, and for that purpose, amongst other things:

(1) to divide the Municipal District into districts;

(2) to prescribe and regulate for each district the purposes for which land and buildings may be used;

(3) to establish a method of making decisions on applications for development permits including the issuing of development permits;

(4) to provide the manner in which notice of the issuance of a development permit is to be given; and

(5) to establish the number of dwelling units permitted on a parcel of land.

1.3 DEFINITIONS

For the purposes of this Bylaw:

(1) "abut" or "abutting" means immediately contiguous or physically touching, and, when used with respect to a lot or site, means that the lot or site physically touches upon another lot or site, and shares a property line or boundary line with it;

(2) "accessory building" means a building separate and subordinate to the main building and use which is incidental to the main building and is located on the same parcel of land. An accessory building to a residential use means a garage, carport, shed, storage buildings, hobby greenhouse, sundeck, patio or balcony, permanently installed private swimming pool or hot tub, and similar buildings. Where an accessory development is attached to the main building on a lot by a roof or an open or enclosed structure, except carports where vehicular access to the rear yard is not obstructed, said accessory development is part of the main building and not an accessory building and shall, unless otherwise specified in this Bylaw, adhere to the yard and other requirements for main buildings;

(3) "accessory use" means a use customarily incidental and subordinate to the main use or building and is located on the same parcel of land with such main use or building;

(4) "Act" means the Municipal Government Act, R.S.A. 2000, as amended;

(5) "adjacent land" means land that is contiguous to a particular parcel of land and includes land that would be contiguous if not for a highway, road, river or stream;

(6) "agricultural industry" means an industrial activity involving the processing, cleaning, packing or storage of the results from agricultural production. Agricultural industry includes, but is not restricted to, seed cleaning and/or processing plants, and grain elevators, but does not include the manufacture of processed foods resulting from agricultural production or abbatoirs;

(7) "agricultural operation" means an agricultural operation as defined in the Agricultural Operation Practices Act;

(8) "agricultural production" means the production of an agricultural operation. It shall also mean the agricultural product storage, service facilities and farmsteads which relate to the individual farm unit;

(9) "agroforestry" means the science and art of practicing and investigating both agricultural and forestry activities on an area of land. Activities may include: cultivating hybrid trees or shrubs, the establishment of an arboretum, planting of

shelter-belts combining the harvesting and growing of trees with pasturing for livestock, or habitat enhancement for native wildlife species;

(10) "airport" means:

(a) any area of land or water, including the frozen surfaces thereof, or other supporting surface used or intended to be used either in whole or in part for the arrival and departure or servicing of aircraft, and

(b) includes any building, installation or equipment in connection therewith, operated by the Department of National Defence or for which an airport license has been issued by the Ministry of Transport;

(11) "animal hospital" means a building used by veterinarians primarily for the purposes of the consultation, diagnosis and office treatment of household pets, but shall not include long-term board facilities for animals nor kennels;

(12) "apartment building" means a dwelling containing three (3) or more dwelling units, but shall not mean medium density housing;

(13) "basement" means the portion of a development which is wholly or partially below grade, having above grade no more than 1.8 m (6.0 ft.) of its clear height lying below the finished level of the floor directly above;

(14) "bed and breakfast establishment" means a development within a dwelling which possesses a dwelling unit, where temporary sleeping accommodations, up to a maximum of three (3) bedrooms, with or without meals, are provided for remuneration to members of the public. A bed and breakfast establishment shall include a boarding or lodging house;

(15) "boarding or lodging house" means a building or portion thereof where meals are served for a remuneration involving no more than three (3) rental bedrooms. For the purposes of this Bylaw, boarding or lodging houses shall be considered to be the same thing as bed and breakfast establishments;

(16) "building" includes anything constructed or placed on, in, over or under land but does not include a highway or road or a bridge that forms part of a highway or road;

(17) "campground" means a development where tents are erected or recreational vehicles are parked for the purpose of overnight or short term camping. A campground includes any building, structure, tent, vehicle or enclosure accessory to the main use that is located on the land and used as an integral part of the campground such as washhouses, gazebos, picnic shelters, etc.;

(18) "caretaker/security residence" means a dwelling unit on a parcel of land which is incidental and contained within a main building, or one manufactured home which is incidental to the main use, provided that the dwelling unit is specifically used in conjunction with the protection of private property and that the gross floor area of the dwelling is smaller than the gross floor area of the main use;

(19) "carport" means a roofed structure used for storing or parking not more than two

(2) vehicles and which has not less than forty percent (40%) of its total perimeter open and unobstructed;

(20) "casino" means an establishment where gambling or gaming takes place on the basis of table or card games such as blackjack, roulette, baccarat, and similar games;

(21) "cemetery" means development of land for the entombment of the deceased, and may include, at the discretion of the Development Authority, crematoriums, mausoleums and memorial parks or a religious assembly, and one attached or separate manse;

(22) "commercial use" means a business through which products, services, or entertainment are available to consumers, whether the general public or other commercial establishments, and does not include the manufacturing of products. Commercial use shall include animal hospitals, bed and breakfast establishments, campgrounds, drive-in businesses, drive-in restaurants, eating and drinking establishments, entertainment establishments, general retail stores, greenhouses, health services, highway commercial uses, hotels, kennels, marinas, office uses, personal service shops, recreation camps, recreational vehicle parks, and resorts;

(23) "confined feeding operation" means a confined feeding operation as defined in the Agricultural Operation Practices Act;

(24) "corner lot" means a lot having boundary lines on two or more roads or highways, or with a road and a highway, at their intersection or junction. Corner lot also means a lot having a boundary line at a point where a road or highway changes direction by a minimum of 45 degrees within the boundaries of the lot;

(25) "cottage" means a seasonally-used single family dwelling with a maximum size of 70 sq. m (753.5 sq. ft.), but does not include a manufactured home;

(26) "Council" mean the Council of the Municipal District of Lesser Slave River No.124;

(27) "country inn" means a hotel;

(28) "country residence" means a single family dwelling or a manufactured home located in the Rural (R) District, which is situated on a lot used solely for

residential purposes and ancillary uses. The dwelling may be occupied permanently or seasonally;

(29) "coverage" means the sum of the floor areas at grade of all buildings on a lot divided by the area of the lot;

(30) "date of issue" means the date on which the notice of a decision of the Development Authority is published or mailed;

(31) "day care" means a provincially licensed facility supplying supervision of more than six (6) children or senior citizens including any resident children and seniors. A day care may supply an outside recreation space that is both fenced and gated, and shall meet all fire regulations and health regulations;

(32) "day home" means a development operated from a dwelling supplying supervision to a maximum of six (6) children under the age of fifteen (15) years or senior citizens, including any resident children and seniors, for periods of more than three (3) but no more than fourteen (14) consecutive hours. A day home may supply an outside recreation space that is both fenced and gated, and shall meet all fire regulations and health regulations;

(33) "development" means

(a) an excavation or stockpile and the creation of either of them, or

(b) a building or an addition to or replacement or repair of a building and the construction or placing of any of them in, on, over or under land, or

(c) a change of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the use of the land or building, or

(d) a change in the intensity of use of land or a building or an act done in relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building; and without restricting the generality of the foregoing, includes:

(i) in the case of a lot used for residential purposes, alterations made to a building or an additional building on the lot whether or not the building is a dwelling or part of a dwelling unit,

(ii) in the case of a lot used for other than residential purposes, alterations or additions made to a building on the lot or a use of the lot which would increase either the capacity of the building or the intensity of use of the lot,

(iii) the display of advertisements or signs on the exterior of a building or on any land,

(iv) the deposit of earth, debris, waste materials, refuse, or any other material on any land, including land already being used for that purpose, or if the natural topography or drainage is altered,

(v) the removal of topsoil from land,

(vi) the recommencement of the use to which land or a building has been previously put if that use has been discontinued for a period of more than six months,

(vii) the use of land for storage purposes or for the repair of equipment, vehicles or other kinds of machinery, or

(viii) the removal or demolition of a building;

(34) "development authority" means the development authority of the Municipal District as established by this Bylaw;

(35) "development permit" means a document authorizing a development issued pursuant to this Land Use Bylaw;

(36) "discretionary use" means the use of land or a building provided for in this Land Use Bylaw for which a development permit may be issued upon an application having been made;

(37) "drive-in business" means a development which serves customers traveling in motor vehicles driven onto the site where such business is carried on, where normally the customer either remains in the vehicle for service, or parks the vehicle for a short period for the purpose of doing business at the premises. Drive-in businesses include service stations, gas bars, drive-in restaurants, drive-through vehicle service establishments such as lubrication shops, recycling depots, and car washes;

(38) "drive-in restaurant" means an eating and drinking establishment which is designed as a drive-in business. Drive-in restaurants may have one or more of the following features: car attendant services, drive-through food pickup services, or parking primarily intended to allow for the on-site consumption of food within a motor vehicle;

(39) "duplex" means a dwelling containing two (2) dwelling units which share a common wall, and which are located either side by side or one above the other;

(40) "dwelling" means any building used exclusively for human habitation. This definition shall include single family dwellings, duplexes, semi-detached dwellings, row housing, apartments, and manufactured homes;

(41) "dwelling unit" means a complete dwelling or self-contained portion of a dwelling, set or suite of rooms which contains sleeping, cooking and separated or shared toilet facilities, intended for domestic use, and used or intended to be used

permanently, semi-permanently, or seasonally as a residence for a household, and which is not separated from direct access to the outside by another separate dwelling unit;

(42) "dwelling, single family" means a dwelling consisting of one (1) dwelling unit. A single family dwelling is a dwelling which is normally constructed on-site. However, a single family dwelling may be constructed in pieces off-site, or even in one piece, with the piece(s) being transported to the site for assembly on-site. A single family dwelling shall include a dwelling that would otherwise be considered to be a manufactured home if the roof pitch were less than 1:4, if the depth of eaves were less than 45 cm (18 in.), if the ratio of depth vs. width (or width vs. depth) were more than 2.5:1, not including any porches or other additions, or if it were not supported on a permanent foundation or base extending below grade. If the roof pitch is more than 1:4, if the depth of eaves is more than

45 cm (18 in.), if the ratio noted above is less than 2.5:1 not including any porches or other additions, and if it is supported on a foundation or base extending below grade, the dwelling shall be considered to be a single family dwelling;

(43) "eating and drinking establishment" means a development where food and/or beverages are prepared and offered for sale to the public, for consumption within the premises, at an accessory outdoor seating area on the site, or off the site. An eating and drinking establishment does not contain an entertainment establishment;

(44) "entertainment establishment" means a development where persons are entertained by music, theatre, or the like. An entertainment establishment includes theatre, dancing or cabaret entertainment, whether recorded or live;

(45) "extensive agriculture" means the use of land or buildings, including one dwelling, for an agricultural operation, but not including intensive agriculture or a confined feeding operation which requires either a registration or an approval under Part 2 of the Agricultural Operations Practices Act. This definition shall include silviculture and agroforestry;

(46) "extensive recreation" means a development where the prime reason for location is to take advantage of natural features including the availability of large areas of land to provide for non-facility oriented recreational activities. In the context of a large area of land, that is, anything over 32 ha (79.1 ac.), extensive recreation may include such activities as hunting, trail riding, snowmobiling, hiking and other similar uses. In the context of a smaller area of land, that is, anything under 32 ha (79.1 ha), extensive recreation may include the provision of opportunities for viewing nature, fishing, relaxation, and rest, and may or may not include a site where only one or two recreational vehicles or campsites may be located, and/or one cottage, single family dwelling or manufactured home;

(47) "family care facility" means a facility which provides resident service in a dwelling to six (6) or fewer individuals who are not related to the resident

household. These individuals are physically handicapped, aged, or disabled, and in need of adult supervision for those reasons and are provided service and supervision in accordance with their individual needs. This category includes foster or boarding homes for children, but not group homes;

(48) "farm building" means the first dwelling unit and other improvements used in connection with an agricultural operation;

(49) "farm subsidiary occupation" means an occupation or business and carried out on the site of an agricultural operation by the operator thereof as a use secondary and subordinate to the agricultural operation;

(50) "farmstead" means the habitable residence and other improvements used in connection with an agricultural operation, and situated on an unsubdivided quarter section used in connection with such agricultural operation;

(51) "flood-vulnerable floor space" means any habitable floor space susceptible to inundation during a flood event where the associated loses/costs would or could be significant;

(52) "floor/area ratio" means the ratio or decimal resulting from dividing the gross floor area of all buildings by the total site area of the parcel on which the buildings are located;

(53) "fragmented parcel" means a parcel that is separated from the balance of a quarter section by a natural barrier such as a river or a coulee, or by a physical barrier such as a road or highway;

(54) “front line” means the boundary line of a lot lying adjacent to a highway or road. In the case of a corner lot, the shorter of the two boundary lines adjacent to the highway or road shall be considered the front line.

(55) "front yard" means a yard extending across the full width of a lot from the front line of the lot to the nearest wall of the main building situated on the lot. For the purposes of lakefront lots, the front line of the lot shall be considered to be closest to the lake;

(56) "fur farm" means any land, building, or premises used for the keeping, breeding, or rearing of furbearing animals;

(57) "game farming" means an agricultural operation or a confined feeding operation, including the first dwelling, for the raising of livestock for gain or profit except for the raising of cattle, dairy cattle, pigs, calves, horses, poultry (including turkeys, geese and ducks), sheep, or goats;

(58) "garage" means a building to be used for the storage of vehicles such as a passenger car, a truck with a gross vehicle weight of 2 tonnes or less, a recreational vehicle, a boat, or similar chattels;

(59) "general retail establishment" means a development where, among other goods, groceries, beverages, household goods, furniture, appliances, home improvement supplies, hardware, printed matter, confectionary, tobacco, pharmaceutical, personal care items, automotive parts and accessories, electronic equipment, recordings, office equipment, stationary, second hand goods, and similar goods are bought, rented, and/or sold. Minor public services, such as postal services and film processing depots may also be provided;

(60) "greenhouse" means a commercial establishment, with or without a building, where vegetables, flowers and other plants are grown for sale as plants or seeds, and which may include a market garden or plant nursery;

(61) "golf course" means the golf playing area and ancillary buildings and uses related to the playing of the game of golf and, without restricting the generality of the foregoing, includes pro shop, club house, eating and drinking establishment, driving range and ancillary uses;

(62) "grid roads" includes all Government Road Allowances in the Municipal District, and also includes all forced roads, other than those identified as minor two-lane highways, major two-lane highways, and multi-lane highways in the Municipal District’s Municipal Development Plan;

(63) "gross floor area" means the total area of all floors of all buildings including accessory buildings located on any lot, excluding the area of basement floors, EXCEPT THAT basement suites in apartment buildings shall be included in the calculation of gross floor area;

(64) "group care facility" means a facility which provides resident services to seven

(7) or more individuals of whom one or more may be related. These individuals are physically handicapped, aged, or disabled, and in need of adult supervision for those reasons and are provided service and supervision in accordance with their individual needs. This category includes foster or boarding homes for children, but not group homes;

(65) "group home" means a building or portion of a building used for the care or rehabilitation or adults or children which is not predominantly related to age or a physical disability or the care or rehabilitation of the aged or the physically disabled. Group homes include halfway houses, addiction rehabilitation centres, care which is an alternative to legal incarceration, or treatment for mental illness or mental instability;

(66) "guest house" means an ancillary building to a single family dwelling, which is smaller than the single family dwelling to which it is ancillary, which contains a dwelling unit or part of a dwelling unit used solely by members of the family or by temporary guests of the family occupying the single family dwelling, and which is not rented to the general public or members of the traveling public;

(67) "habitable floor space" means any room or enclosed space used or useable for human occupancy, including but not limited to kitchens, bedrooms, living rooms, family rooms and dens, bathrooms, laundries, pantries, foyers, hallways/entry ways, and areas containing infrastructure/servicing (furnace, circuit panel, water heater, etc.) but excludes any room or space not intended primarily for human occupancy including but limited to storage areas/cellars and undeveloped basements;

(68) "hamlet" means any area declared by a Council bylaw to be a hamlet;

(69) "health service" means a development where physical or mental health services are provided on an out-patient basis. Such services may be of a preventative, diagnostic, treatment, therapeutic, rehabilitative, or counseling nature. Health services include medical, chiropractic, and dental offices, health clinics and counseling services;

(70) "heavy industry" means those types of industries that may potentially have detrimental effects on other land uses due to appearance, noise, odour, emission of toxic wastes, fire or explosive hazards;

(71) "heavy truck and equipment storage" means the on-lot storage, inside a single accessory building, of heavy trucks and equipment owned and operated by a resident or residents of the single family dwelling or manufactured home situated on the same lot. The storage building for these purposes, which may be allowed in addition to a vehicle garage and other accessory buildings not related to heavy truck and equipment storage use, shall be no larger than 300 m2 (3,229 ft. 2) and be designed to match or complement the single family dwelling or manufactured home to the satisfaction of the Development Authority;

(72) "height" means the vertical distance between the grade and the highest point of a building that is not a stairway entrance, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a fire wall, or a flagpole, or similar device not structurally essential to the building;

(73) "high density residential" means multi-family residential development occurring on one parcel of land up to a maximum density of 75 units per hectare (30 units per acre) and includes walk-up apartments;

(74) "highway" means a highway as defined in the Public Highways Development Act,

R.S.A. 2000;

(75) "highway commercial" means a commercial use intended to serve the motoring public and includes, but is not limited to, service or gas stations, drive-in restaurants;

(76) "home occupation" means any occupation, trade profession, or craft carried on by an occupant of a dwelling as a use secondary to the residential use of the building, and which does not change the character of or have any exterior evidence of such secondary use other than a sign as allowed in this Bylaw. For the purposes of this Bylaw, home occupations are divided into two sub- classifications - major home occupations and minor home occupations - with specific regulations for each as indicated in this Bylaw. A minor home occupation does not include any business which would normally attract more than five (5) clients per week, or the employment at the dwelling or accessory buildings of any paid assistant, other than the occupants of the dwelling. A major home occupation may include a business which would normally attract more than five (5) clients per week, but does not include the employment at the dwelling or accessory buildings of more than two (2) paid assistants, other than the occupant and the occupant's family;

(77) "hotel" means a building containing rentable units, occupied or equipped to be occupied as a temporary abode for tourists or transients, which also may contain a general retail establishment or an eating and drinking establishment;

(78) "institutional use" includes but is not limited to hospitals, public offices, educational facilities, religious assemblies, libraries and senior citizen housing;

(79) "intensive agriculture" means an agricultural operation which operates on an intensive basis. Without restricting the generality of the foregoing, this shall include nurseries and greenhouses, but not confined feeding operations or kennels;

(80) "intensive recreation" means high density recreational activities such as campgrounds, picnic grounds, fishing lodges, beach areas, marinas, riding stables, race tracks, sports fields, golf courses, arenas, swimming pools, tennis courts and other similar activities;

(81) "internal local roads" includes all roads within subdivisions, and all service roads adjacent to major two-lane highways, minor two-lane highways, and multi-lane highways;

(82) "kennel" means a development in which four or more dogs and/or cats over six months in age are maintained, boarded, bred, trained or cared for in return for remuneration or kept for purposes of sale. The minimum lot on which a kennel may be located is 0.8 ha (1.98 ac.);

(83) "lane" means a right-of-way on which motorized vehicles are normally allowed to operate which is 10 m (32.8 ft.) or less in width;

(84) "lake" means a body of water, free from large quantities of aquatic vegetation, and characterized by relatively large open water and deep water zones compared with the shore zone; and, as defined by the Council of the Municipal District of Lesser Slave River No. 124;

(85) "light industry" means activities involved in the processing, fabrication, storage, transportation, distribution or wholesaling of goods and services which do not emit noise, smoke, odour, dust, or vibration beyond the boundaries of the site on which the light industry is located;

(86) "livestock" means livestock as defined in the Agricultural Operation Practices Act;

(87) "livestock sales yard" means any enclosed area of land, with or without ancillary buildings or structures, upon which livestock is collected for sale or for market distribution;

(88) "logging" means the removal or cutting of logs from harvestable timber for commercial purposes, either by selective, strip, or clear cutting practices;

(89) "lot" means

(a) a quarter section,

(b) a river lot or a lake lot shown on an official plan referred to in the Surveys Act that is filed or lodged in a Land Titles Office,

(c) a part of a parcel of land described in a certificate of title if the boundaries of the part are described in the certificate of title other than by reference to a legal subdivision, or

(d) a part of a parcel of land described in a certificate of title if the boundaries of the part are described in the certificate of title by reference to a plan of subdivision;

(90) "main building" means a building in which is conducted the main or principle use of the site on which it is erected;

(91) "main use" means the primary purpose or purposes for which a building or lot is used;

(92) "maintenance" means the upkeep of the physical form of any building which does not require a permit pursuant to the Safety Codes Act. Maintenance will

include painting, replacing flooring, replacing roofing materials, but will not include any activity that will increase the habitable floor area of any dwelling unit or the internal volume of any building;

(93) "major" means, when added as a prefix or suffix to a use, a use which, due to its nature or relatively larger scale, will or could have, in the sole opinion of the Development Authority, an impact on surrounding uses, or which may be intended to serve an area larger than the immediate or local area;

(94) "major two-lane highway" means a road or highway identified as a major two- lane highway in the Municipal District’s Municipal Development Plan;

(95) "manufactured home" means a dwelling consisting of one (1) dwelling unit which is normally constructed off-site and then transported to its site. Upon arriving at the site for location, apart from incidental operations such as placement on a foundation and connection of utilities, it is ready for year round use as a dwelling for one household. However, a manufactured home may be entirely constructed on-site. A manufactured home shall include a dwelling that would otherwise be considered to be a single family dwelling if the roof pitch were greater than 1:4, if the depth of eaves were greater than 45 cm (18 in.), if the ratio of depth vs. width (or width vs. depth) were less than 2.5:1 not including porches or other additions, and if it were supported on a permanent foundation or base extending below grade. If the roof pitch is less than 1:4, if the depth of eaves is less than 45 cm (18 in.), if the ratio noted above is more than 2.5:1 not including porches or other additions, or if it is not supported on a foundation or base extending below grade, the dwelling shall be considered to be a manufactured home;

(96) "manufactured home park" means a parcel of land under single ownership which has been planned and divided into rentable spaces or lots for the long term accommodation of manufactured homes;

(97) "manure storage facility" means a manure storage facility ad defined in the Agricultural Operation Practices Act;

(98) "marina" means a development where boats and boat accessories are berthed, stored, serviced, repaired or kept for sale or rent, and where facilities for the sale of marine fuels and lubricants may be provided;

(99) "may" is an operative word meaning a choice is available , with no particular direction or guidance intended;

(100) "medium density residential" means multi-family development up to a maximum density of 37.5 units per hectare (15 units per acre) and includes duplexes, semi- detached dwellings, and row housing;

(101) "minor" means, when added as a prefix or suffix to a use, a use which, due to its nature or relatively smaller scale, will or could have, in the sole opinion of the Development Authority, a limited impact on surrounding uses, or which may be intended to serve a small or local area;

(102) "minor two-lane highway" means a road or highway identified as a minor two- lane highway in the Municipal District’s Municipal Development Plan;

(103) "multi-lane highway" means a road or highway identified as a multi-lane highway in the Municipal District’s Municipal Development Plan;

(104) "multi-lot country residential subdivision" means more than one country residential lot within an original quarter section or, within an 80 acre (32 ha) parcel;

(105) "municipality" means the Municipal District of Lesser Slave River No. 124;

(106) "natural resource extraction industry" means an industry engaged in the extraction of natural resources such as trees, clay, sand and gravel, limestone, shale, coal, and other minerals including petroleum and natural gas and which may include bringing these together with other elements such as power or water into integrated processes for the purpose of primary treatment into a marketable form;

(107) "non-conforming building" means a building

(a) that is lawfully constructed or lawfully under construction at the date a land use bylaw affecting the building or the land on which the building is situated becomes effective, and

(b) that on the date this land use bylaw becomes effective does not, or when constructed will not, comply with this land use bylaw;

(108) "non-conforming use" means a lawful specific use

(a) being made of land or a building or intended to be made of a building lawfully under construction, at the date a land use bylaw affecting the land or building becomes effective, and

(b) that on the date this land use bylaw becomes effective does not, or in the case of a building under construction will not, comply with this land use Bylaw;

(109) "office use" means a development where government, professional, management, administrative, consulting, and financial services may be provided. Office uses include the offices of lawyers, accountants, engineers, architects, and realtors. Office uses also include insurance firms; clerical, secretarial, employment and

telephone answering and similar office support services; banks, credit unions, loan offices and similar financial institutions; the offices of governmental and public agencies;

(110) "open space" means land and water areas which are retained in an essentially undeveloped state and often serve one or more of the following uses: conservation of resources; ecological protection; recreation purposes; historic or scenic purposes; enhancement of community values and safety; maintenance of future land use options;

(111) "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, the person shown as the owner of land on the municipality's assessment role prepared under the Act;

(112) "parcel of land" means the aggregate of one or more areas of land described in a certificate of title or described in a certificate of title by reference to a plan filed or registered in a land titles office;

(113) "parks and playgrounds" means any public or privately owned land specifically designed or reserved for the active or passive recreational use of the public;

(114) "permitted use" means the use of land or a building provided for in a land use Bylaw for which a development permit shall be issued upon application having been made, provided that all of the regulations of this Bylaw, and all of the matters left to the discretion or the satisfaction of the Development Authority, have been satisfied to the satisfaction of the Development Authority;

(115) "personal service shop" means a development where personal services related to the care and appearance of the body, or the cleaning and repair of personal effects are provided to persons. Personal service shops include barbershops, hairdressers, beauty salons, tailors, dressmakers, shoe repair shops, dry cleaning establishments, and laundromats;

(116) "public or quasi-public building" means a building which is owned or leased by a department or agency of the federal or provincial government, the Municipality, a health authority, or the Public or Separate School Divisions for purposes of public administration and services and shall also include a building for the purpose of assembly, instruction, culture or enlightenment, for community activities, or for the provision of health services which may require some residence at the facility for a short or long period of time, such as a hospital;

(117) "public or quasi-public use" means a non-commercial use for public administration and services and shall also include uses for the purpose of assembly, instruction, culture or enlightenment, and community related activities, including parks, playgrounds and cemeteries;

(118) "public utility" means a public utility as defined in the Act;

(119) "public utility building" means a building in which the proprietor of a public utility, as defined in the Act, maintains its office or offices and/or maintains or houses any equipment used in connection with the public utility;

(120) "rear line" means the boundary line of a lot lying opposite to the front line of the lot and/or farthest from a highway or road;

(121) "rear yard" means a yard extending across the full width of a lot from the nearest wall of the main building situated on the lot, to the rear line of the lot;

(122) "recreation camp" means a development that contains accommodation facilities and is used wholly or partly for recreational purposes, and without limitation, includes trail riding ranches and guest ranches, rural experience camps, survival training camps, fishing and hunting camps, religious camps and camps for disabled persons;

(123) "recreational use" means a recreational development conducted on a unified basis on a single site where the prime reason for location is to take advantage of natural features. A recreational use may include the provision of day to day sporting and athletic facilities and the structures incidental thereto such as ski slopes, golf courses, archery, trap and rifle ranges, racetracks, boating, swimming, picnicking, and similar uses, and may include a refreshment stand incidental to the primary use. However, recreational use does not include extensive recreation, or a campground, a recreational vehicle park or a recreation camp;

(124) "recreational vehicle" means a vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use, which either has its own motor or is mounted or drawn by another vehicle. Recreational vehicles include travel trailers, camping trailers, truck campers, 5th wheels, or motor homes, but not manufactured homes, garage packages, or cabins mounted on any sort of transportation device such as skids or wheels up to a maximum interior space of 75 sq. m (807.3 sq. ft.). Any vehicle larger than 75 sq. m (807.3 sq. ft.) in interior space shall be considered to be a manufactured home for the purposes of this Bylaw;

(125) "recreational vehicle park" means a development on which three or more recreational vehicles are harboured, without regard to whether a fee or charge is paid or made, and shall include any building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such recreational vehicle park. A recreational vehicle park may include within it a campground;

(126) "religious assembly" means a development where worship and related religious, philanthropic, and social activities occur. Accessory developments include rectories, manses, classrooms, and dormitories. Religious assembly includes churches, chapels, mosques, temples, synagogues, parish halls, convents and monasteries;

(127) "renovation" means an addition to, deletion from, or change to any building which does not require a permit other than a plumbing permit or an electrical permit pursuant to the Safety Codes Act;

(128) "rentable unit" means a separate unit of a hotel used or intended to be used for the temporary accommodation of one or more persons;

(129) "rental cabin" means a building intended for short term occupancy, often rented for short periods of time to the traveling or vacationing public. A rental cabin most often does not include a washroom, a bathroom, or a toilet facility within it;

(130) "residential use" includes the occupation and use of land and buildings by and as dwellings; however, in the Rural ® District, residential use shall mean the use of land for a single family dwelling or a manufactured home, whether on a seasonal or year-round basis, and/or the use of a small area of land for extensive recreation. In this context, a small area of land means an area of land not exceeding 2 ha (4.9 ac.);

(131) "resort" means a commercial development which offers a combination of fixed roof guest accommodation and recreational opportunities, and may include a hotel, rental cabins, staff housing, a convention centre, a convenience store, a boat rental establishment, and/or eating and drinking establishments;

(132) "road" means a right-of-way on which motorized vehicles are normally allowed to operate, or a road as defined in the Act, but does not include either a highway or a lane;

(133) "row housing" means a building consisting of at least three dwelling units with each unit having direct access to the outside grade, but shall not mean apartment;

(134) "rural industrial park" is a development consisting of two or more lots designed and approved for light and/or heavy industrial uses for which communal water and/or sewer service is not required;

(135) "rural industry" means an industry involving:

(a) the initial processing or storage of farm, forestry or mineral product which because of odour, noise or inflammable material require large tracts of land for environmental protection, or

(b) warehousing or storage of farm, forestry or mineral material, goods and processing or transportation equipment, or

(d) provision of large scale transportation and vehicle service facilities involved in the transportation of farm, forestry or mineral products.

(136) "secondary suite" means a self-contained dwelling unit, clearly secondary in size to the main dwelling unit within a dwelling, which may or may not share access to the outside and/or other facilities with the main dwelling unit;

(137) "semi-detached dwelling" means a building used or intended to be used for two dwelling units, located side by side;

(138) "shall" is an operative word which means the action is obligatory;

(139) "shed" means a building to be used for storage;

(140) "shop" means a building to be used for light industrial purposes or the storage of vehicles larger than that allowed in a garage;

(141) "shoreline" means the bank of the body of water as determined pursuant to the Surveys Act;

(142) "should" is an operative word which means that, in order to achieve local goals and objectives it is strongly advised that the action be taken. Exceptions shall be made only under extenuating circumstances;

(143) "side line" means the boundary line of a lot lying between a front line and a rear line of a lot. In the case of a corner lot, the longer of the two boundary lines adjacent to the highway or road shall be considered a side line.

(144) "side yard" means a yard extending from the front yard of a lot to the rear yard of the lot and lying between the side line of the lot and the nearest wall of the main building;

(145) "sign", and other words relating to signs, have the meaning indicated in Part 10 of this Bylaw;

(146) "site" means an area of land designed to accommodate, and intended to be rented for, a tent or recreational vehicle or cabin;

(147) "stall" means an area of land upon which a manufactured home is to be located, and which is reserved for the exclusive use of the residents of that particular manufactured home, located within a manufactured home park;

(148) "subdivision and development appeal board" means a subdivision and development appeal board appointed pursuant to Municipal District Bylaw and the Act;

(149) "subdivision authority" means the Subdivision Authority established pursuant to the Act through the municipality’s Subdivision Authority Bylaw;

(150) "substandard lot" means any lot which is smaller, in area or in any dimension, than the minimum area or dimension stipulated in the regulations of the District in which the lot is located;

(151) "temporary development" means a development for which a development permit has been issued and which is to exist for a limited time only;

(152) "undeveloped lot" means a lot which does not contain a dwelling or any other building, but which may contain utility services;

(153) "unique site requirements" are a set of site locational requirements which have been demonstrated to the Municipal District's satisfaction to be necessary in order for the development of a commercial or industrial use to be carried out;

(154) "unit", other than when referred to as a dwelling unit, means an area of land or a building designated as a unit in a condominium plan;

(155) "workcamp" means a building or a group of buildings used to provide temporary accommodation for construction workers or natural resource extraction industry employees;

(156) "yard" means a part of a parcel upon or over which no building is to be erected unless otherwise provided for in this Bylaw;

and all other words and expressions have the meanings respectively assigned to them in the Act or in common law.

1.4 Equivalent Terminology

(1) Where a word is used in the singular, such a word may also mean plural.

(2) Where a masculine or impersonal pronoun or adjective is used, such a word may also mean the feminine or impersonal pronoun or adjective.

(3) Where a word is used in the present tense, such a word may also mean the future tense.

(4) The word “person” includes a corporation as well as an individual.

1.5 Metric and Imperial Measurements

Within this Bylaw, both Metric and Imperial measures are normally provided, the Imperial measures within brackets. However, the Imperial measures are approximations, and are provided only for information, and in order to provide some comparison for persons who are unfamiliar with Metric measures.

2.1 ESTABLISHMENT OF LAND USE DISTRICTS

(1) For the purposes of this Bylaw, the Municipal District of Lesser Slave River No. 124 is divided into the following districts:

Rural (R) District Agricultural (A) District

Country Residential One (CR1) District Country Residential Two (CR2) District Country Residential Three (CR3) District Country Residential Four (CR4) District Poplar Lane Floodplain (PF) District Recreation Residential (RR) District Rural Commercial (RC) District Industrial (M) District

Hamlet Residential (HR) District Hamlet Commercial (HC) District Hamlet General (HG) District

Recreation Facility and Resort (RF) District Lesser Slave River Marina (CM) District Community Services and Parks (CSP) District Direct Control (DC) District

Urban Reserve (UR) District

(2) For the purposes of this Bylaw, the CR1, CR2, CR3, PF, RR, and HR Districts shall be considered to be Residential Districts, the RC, HC, and CM Districts shall be considered to be Commercial Districts, and the M District shall be considered to be an Industrial District. Depending on the context within this Bylaw, the RF District shall be considered to be a Residential District, a Commercial District, and a Recreation District.

(3) The boundaries of the districts listed in this Bylaw are as delineated in the LAND USE DISTRICT MAP, which is Part 12 of this Bylaw.

(4) Where uncertainty exists as to the boundaries of districts as delineated in the LAND USE DISTRICT MAP, the following rules shall apply:

Rule 1 Where a boundary is shown as following a street, lane, or canal, it shall be deemed to follow the centre line thereof.

Rule 2 Where a boundary is shown as approximately following a lot line, it shall be deemed to follow the lot line.

Rule 3 In circumstances not cover by Rules 1 and 2, the location of the district boundary shall be determined:

(a) where dimensions are set out on the LAND USE DISTRICT MAP, by the dimensions so set, or

(b) where no dimensions are set out on the LAND USE DISTRICT MAP with respect to such boundary, by measurement of and use of the scale shown on the LAND USE DISTRICT MAP.

(5) Where the application of the above rules does not determined the exact location of the boundary of a district, the Council, either on its motion or upon written application being made to it by any person requesting the determination of the exact location of the boundary, shall fix the portion of the district boundary in doubt or dispute in a manner consistent with the provisions of this Bylaw and the degree of detail as to the measurements and directions as the circumstances may require.

(6) The Development Authority shall maintain a list of its decisions with respect to boundaries or portions thereof fixed by it.

2.2 Establishment of Land Use District Regulations

Land Use District regulations shall be as set forth in Sections 8 and 9 of this Bylaw.

2.3 Establishment of Sign Regulations

Sign regulations shall be as set forth in Section 10 of this Bylaw.

3.1 CONTROL OF DEVELOPMENT

(1) No development other than that designated in Section 3.2 shall be undertaken within the Municipal District unless an application for it has been approved and a development permit has been issued.

(2) In the event of a state of emergency (local or provincial) declared pursuant to the Emergency Management Act, RSA 2000, c.E-6.8. as amended, or as a result of such an emergency, such other temporary development or class of temporary development as Council may declare may be approved in any land use district without compliance with the land use bylaw regulations.

3.2 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT

(1) The following development shall not require a development permit:

(a) the carrying out of works of maintenance or repair to any building, provided that such works do not include structural alterations or major works of renovation that would require a building permit;

(b) the completion of a building which was lawfully under construction at the date of the first publication of the notice required by the Act, provided that the building is completed in accordance with the terms of any permit granted in respect of it and subject to the conditions to which such permit was granted, and provided also that the building, whether or not a permit was granted in respect of it, is completed within a period of twelve (12) months from the said date of the first publication of the notice;

(d) the erection, construction, or maintenance, improvement or alteration of gates, fences or walls or other means of enclosure less than 1.0 m (3.3 ft.) in height in front yards or in side yards abutting a highway or road, and less than 1.9 m (6.2 ft.) in rear yards or in other side yards, and the maintenance, improvement and other alterations of any gates, fences or walls or other means of enclosure, unless the fencing material is razor wire. An approved development permit shall always be necessary before razor wire is used as a fencing material;

(e) a temporary building, the sole purpose of which is incidental to the erection or alteration of a building, for which a permit has been issued under this Bylaw;

(f) the maintenance and repair of public works, services and utilities carried out by or on behalf of federal, provincial and municipal public authorities on land which is publicly owned or controlled;

(g) extensive agriculture, excepting where the following situations apply:

(i) where the lot is smaller than 32 ha (80 ac.) in size, or

(ii) where the proposed development involves a dwelling or an accessory use or building to a dwelling, or

(iii) where beehives are proposed within 15.2 m (50 ft.) of a property line adjacent to a road or highway, or

(iv) where fences for game farming are proposed within 15.2 m (50 ft.) of a property line adjacent to a road or highway, or within 30 m (98.4 ft.) of the centreline of a road or highway, or

(v) where other buildings and dugouts are proposed within:

1. - 40 m (131.2 ft.) of a property line of a grid road,

2. - 50 m (164 ft.) of a centreline of a minor two-lane highway, or

3. - 70 m (230 ft.) of a centreline of a major two-lane highway or a multi-lane highway;

(h) except for beehives described in Section 3.2(1)(g)(iii) above, a building or structure with a gross floor area of under 9.4 sq. m (101.2 sq. ft.) which is not on a permanent foundation;

(i) development within a basement which does not change or add to the uses within a dwelling;

(j) sheds which are ancillary to dwellings, which are less than 13.4 sq. m (144 sq. ft.) in floor area, and which satisfy all the setback requirements of this Bylaw;

(k) the removal of top soil except in conjunction with a development for which a development permit has been issued;

(l) grading and/or landscaping where the proposed grades will not adversely affect the drainage of the subject or adjacent lots;

(m) the demolition or removal of any building or structure for which erection a development permit would not be required pursuant to subsections (d) through (j) above, both inclusive.

3.3 NON-CONFORMING BUILDINGS AND USES

(1) 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 this Bylaw.

(2) A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non-conforming building, may not be enlarged or added to and no structural alterations may be made thereto or therein.

(3) A non-conforming use of part of a lot may not be exceeded or transferred in whole or in part to any other part of the lot and no additional buildings may be constructed upon the lot while the non-conforming use continues.

(4) 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,

(b) for the routine maintenance of the building, if the Development Authority considers it necessary, or

(c) in accordance with the powers possessed by the Development Authority pursuant to the Act and Section 4.3(4) of this Bylaw to approve a development permit notwithstanding any non-compliance with the regulations of this Bylaw.

(5) If a non-conforming building is damaged or destroyed to the extent of more than 75 percent of the value of the building above its foundation, the building may not be repaired or rebuilt except in accordance with this Bylaw.

(6) The use of land or the use of a building is not affected by a change of ownership, tenancy, or occupancy of the land or building.

3.4 DEVELOPMENT APPROVAL AUTHORITIES

(1) The Development Authority is hereby established.

(2) The position of designated officer for the limited purpose of exercising the powers, duties and functions of a Development Authority for the Municipal District is hereby established.

(3) The Council shall appoint the Development Authority from time to time as it sees fit.

(4) For the purposes of this Bylaw, the Council shall act in place of the Development Authority within the DC District. In all other Districts, the Development Authority as established and appointed above shall act as the Development Authority.

(5) The Development Authority:

(a) shall receive, consider, and decide upon all development permit applications;

(b) shall keep and maintain for the inspection of the public during office hours a copy of this Bylaw and all amendments thereto and ensure that copies of same are available to the public at a reasonable charge;

(c) shall make available for inspection by the public during office hours a register of all applications for development permits and the decisions made thereon;

(d) shall collect fees according to the governing Land Use Bylaw Fee Schedule as amended from time to time by resolution of Municipal District Council;

(e) shall be declared to be the designated officer for the purposes of Section 542 of the Act; and

(f) may sign, as Development Authority, any order, decision, approval, notice or other thing made or given by him.

4.1 APPLICATION FOR DEVELOPMENT

(1) An application for a development permit shall be completed and submitted to the Development Authority in writing, in the form required by the Development Authority, and shall be accompanied by:

(a) a site plan showing the legal description; the front, rear, and side yards, if any; any provision for off-street loading and vehicle parking; and access and egress points to the site;

(b) building dimensions

(d) a statement of ownership of the land and the interest of the applicant therein.

(2) Each application for a development permit shall be accompanied by a non- refundable application fee as established by Council.

(3) The Development Authority may also require additional information in order to assess the conformity of a proposed development with this Bylaw before consideration of the development permit application shall commence. Such information may include floor plans, elevations and sections of any proposed buildings; drainage, grading and landscaping plans; and, in the case of the placement of an already constructed or partially constructed building such as a manufactured home on a parcel of land, information relating to the age and condition of the building and its compatibility with the District in which it is to be located, including recent photos of the building.

(4) In addition to the items listed in Subsections (1) and (3) above, a development permit application for land lying within the Poplar Lane Floodplain (PF) District, the Lesser Slave River Marina (CM) District, or within an Area Structure Plan or an Area Redevelopment Plan area shall include such other materials to demonstrate to the satisfaction of the Development Authority that the intent of the District and/or of any application Area Redevelopment Plan policy or Area Structure Plan policy have been met. Such materials shall be provided by qualified professionals, if applicable.

(5) The Development Authority may refer any application for a development permit to any person or agency for comments in writing. Within the Poplar Lane Floodplain (PF) District, the Lesser Slave River Marina (CM) District, or within an Area Structure Plan or an Area Redevelopment Plan area, an application for a development permit shall be referred for comments in accordance with any applicable Area Redevelopment Plan or Area Structure Plan policy.

(6) The Development Authority may make a decision on an application for a development permit notwithstanding that any information required or requested has not been submitted.

(7) The Development Authority may refuse to accept an application for a development permit if the application is for a similar development on the same property as a development permit which has been applied for and refused by the Development Authority or the Subdivision and Development Appeal Board within the last six (6) months.

4.2 REFERRAL OF APPLICATIONS

1. Development in proximity to a Highway:

(a) Applications for development located within 0.8 km (0.5 mi.) of the right of way of a multi-lane highway or a major two-lane highway where the proposed development would have direct access from the highway shall be referred to Alberta Transportation for comment prior to any decision by the Development Authority;

(b) All applications for development located, within 150 m (492 ft.) of the right of way of a minor two-lane highway where the proposed development would have direct access from the highway may be referred to Alberta Transportation for comment prior to any decision by the Development Authority.

2. Development in Proximity to the Town of Slave Lake:

All applications for discretionary uses, excluding manufactured home and major home occupations, located within 3.2 km (2 mi.) of the Town of Slave Lake shall be referred to the Town for comment prior to any decision by the Development Authority.

3. Development in Proximity to Existing Confined Feeding Operations:

In dealing with development of uses in close proximity to existing confined feeding operations (as determined by the Development Authority), the application for development may be referred to the Natural Resources Conservation Board (NRCB) for assistance.

4.3 DECISION

(1) In making a decision, the Development Authority may approve the application unconditionally, approve the application subject to those conditions considered appropriate, approve the application permanently or for a limited period of time, or refuse the application.

(2) The Development Authority may require that as a condition of issuing a development permit, the applicant enter into an agreement to construct or pay for the construction of roads, pedestrian walkways or parking areas which serve the development or which connect the walkway with another walkway system that serves or is proposed to serve an adjacent development, to install or pay for the installation of public utilities other than telecommunications systems or works, to pay an off-site levy, and/or to give security to ensure that the terms of the agreement noted herein are carried out.

(3) In the case where a proposed specific use of land or a building is not provided for in any District in the Bylaw, the Development Authority may determine that such use is similar in character and purpose to a permitted or discretionary use prescribed for a particular District.

(4) The Development Authority may approve an application for a development permit even though the proposed development does not comply with the regulations of this Bylaw, or if the development is to be a rebuilding, an enlargement, an addition, or a structural alteration of a non-conforming building, if, in the opinion of the Development Authority:

(a) the proposed development would not:

(i) unduly interfere with the amenities of the neighbourhood, or

(ii) materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land, and

(b) the proposed development conforms with the use prescribed for that land or building in this Bylaw.

(5) Notwithstanding that logging may be a permitted use, the Development Authority may attach a wide range of conditions to the approval of any development permit for logging that address protection of the environment or the amenities of the neighbourhood. However, the setback requirements for development set out within this Bylaw shall not apply to logging.

(6) An application for a development permit shall, at the option of the applicant, be deemed to be refused when a decision thereon is not made by the Development Authority within forty (40) days after receipt of the application by the Development Authority. The person claiming to be affected may appeal in

writing as provided for in Part 5 of this Bylaw as though he has received a refusal at the end of the forty (40) day period specified in this subsection.

(7) A Development Authority may suspend or revoke a development permit at any time:

(a) where the permit was issued on the basis of incorrect information, fraud, non-disclosure, or misrepresentation on the part of the applicant; or

(b) where the permit was issued in error.

(8) Temporary Developments

Where a development permit application in a land use district is for a temporary development, the Development Authority

(a) may consider and decide upon a development for a specific period of time, not exceeding one year;

(b) shall impose a condition on such a permit that the municipality is not liable for any costs involved in the cessation or removal of the development at the expiration of the time period stated in the permit; and

(c) may require the applicant to post acceptable security guaranteeing the cessation or removal of the development to the greater of 25% of the value of the structure or $1,000.

4.4 DEVELOPMENT PERMITS AND NOTICES

(1) Except for those permits described in Section 4.4(3) hereof, a permit granted pursuant to this Part does not come into effect until fifteen (15) days after the date a decision or development permit is publicized as described in subsection (4). Any development proceeded with by the applicant prior to the expiry of this period is done solely at the risk of the applicant.

(2) Where an appeal is made pursuant to Part 5 of this Bylaw, a development permit which has been granted shall not come into effect until the appeal has been determined and the permit has been confirmed, modified or nullified thereby.

(3) When a permit has been issued for the development of a permitted use, and no provisions of this Bylaw have been relaxed or varied, or when Council makes a decision on a development permit application within the DC District, no notification shall be given of the decision except to the applicant.

(4) When a permit other than a permit described in Section 4.4(3) hereof has been issued, the Development Authority shall immediately:

(a) post a notice of the decision conspicuously on the property for which the application has been made; and/or

(b) mail a notice in writing to all adjacent land owners who, in the sole opinion of the Development Authority, may be affected; and/or

stating the location of the property for which the application has been made and the use approved.

(5) If the development authorized by a permit is not commenced within twelve (12) months from the date of the issue of the development permit, and completed within three (3) years of the date of issue, the permit is deemed to be void, unless an extension to this period is granted by the Development Authority.

(6) A decision of the Development Authority on an application for a development permit shall be given in writing and a copy of it sent to the applicant.

(7) When the Development Authority refuses an application for a development permit, the decision shall contain reasons for the refusal.

5.1 APPEAL PROCEDURE

(1) The Subdivision and Development Appeal Board, as established by Municipal District Bylaw, shall hear and make a decision on an appeal where a Development Authority:

(a) refuses or fails to issue a development permit to a person within forty (40) days of receipt of the application, or

(b) issues a development permit subject to conditions, or

and the person applying for the permit or affected by the order, or any other person affected by an order, decision or development permit of a Development Authority appeals to the Subdivision and Development Appeal Board.

(2) Notwithstanding subsection (1) above, no appeal lies in respect of the issuance of a development permit by the Council within a DC District, or for a permitted use unless the provisions of this Bylaw were relaxed, varied or misinterpreted.

(3) An appeal shall be made by serving a written notice of appeal and submitted the applicable fee to the Secretary of the Subdivision and Development Appeal Board within fourteen (14) days after

(a) the date the order, decision or permit issued by the Development Authority was publicized in accordance with this Bylaw; or

(b) the forty (40) day period referred to in Section 4.2(6) of this Bylaw has expired.

5.2 APPEAL HEARING

(1) Within thirty (30) days of receipt of a notice of appeal, the Subdivision and Development Appeal Board shall hold an appeal hearing respecting the appeal.

(2) The Subdivision and Development Appeal Board shall give at least five (5) days notice in writing of the appeal hearing to:

(a) the appellant;

(b) the Development Authority from whose order, decision or development permit the appeal is made;

(c) those adjacent land owners who were notified under this Bylaw and any other person who, in the opinion of the Subdivision and Development Appeal Board, are affected by the order, decision or permit; and

(d) such other persons as the Subdivision and Development Appeal Board specifies.

(3) The Subdivision and Development Appeal Board shall make available for public inspection before the commencement of the appeal hearing all relevant documents and materials respecting the appeal including:

(a) the application for the development permit, its refusal and the appeal therefrom; or

(b) the order of the Development Authority, as the case may be.

(4) At the appeal hearing referred to in subsection (1), the Subdivision and Development Appeal Board shall hear:

(a) the appellant or any other person acting on his behalf;

(b) the Development Authority from whose order, decision or development permit the appeal is made, or if a person is designated to act on behalf of the Development Authority, that person;

(c) any other person who was served with notice of the hearing and who wishes to be heard or a person acting on his behalf; and

(d) any other person who claims to be affected by the order, decision or permit and that the Subdivision and Development Appeal Board agrees to hear or a person acting on his behalf.

5.3 APPEAL DECISION

(1) The Subdivision and Development Appeal Board shall give its decision in writing together with reasons for the decision within fifteen (15) days of the conclusion of the appeal hearing.

(2) If the decision of the Development Authority to approve a development permit application is reversed by the Subdivision and Development Appeal Board, the development permit shall be null and void.

(3) If the decision of the Development Authority to refuse a development permit application is reversed by the Subdivision and Development Appeal Board, the Development Authority shall forthwith approve the development permit application in accordance with the decision of the Subdivision and Development Appeal Board.

(4) If the decision of the Development Authority to approve a development permit is varied by the Development Appeal Board, the Development Authority shall forthwith approve the development permit application in accordance with the decision of the Subdivision and Development Appeal Board.

(5) A decision made under this part of the Bylaw is final and binding on all parties and all persons subject only to an appeal upon a question of jurisdiction or law pursuant to the Act. An application for leave to the Court of Appeal shall be made:

(a) to a judge of the Court of Appeal; and

(b) within thirty (30) days after the issuance of the order, decision, permit or approval sought to be appealed.

6.1 APPLICATION FOR AMENDMENT

(1) A person may apply to have this Bylaw amended by applying in writing, furnishing reasons in support of the application and paying the fee therefore required.

(2) Council may at any time initiate an amendment to this Bylaw by directing the Development Authority to initiate an amendment therefore:

(3) All applications for amendment to the Land Use Bylaw shall be made to the Council and shall be accompanied by the following, namely:

(a) an application fee according to the governing Land Use Bylaw fee schedule as amended from time to time by resolution of Municipal District Council shall be submitted for each application, but if the proposed amendment is adopted by Council, Council may determine that the whole or part of the application fee may be returned to the applicant;

(b) a title search for the land affected or other documents satisfactory to the Development Authority indicating the applicant's interest in the said land;

(c) drawings drawn on standard drafting material to the satisfaction of the Development Authority, which shall be fully dimensioned, accurately figured, explicit and complete; and

(d) any other information deemed necessary by the Development Authority.

(4) During deliberation on the Bylaw amendment application, Council may refer the application to such agencies as it considers necessary for comment.

(5) Council may request such information as it deems necessary to reach a decision on the proposed amendment.

6.2 PUBLIC HEARING PROCESS

(1) All amendments to this Bylaw shall be made by Council, by Bylaw, and in conformity with the requirements of the Act with regard to the holding of a Public Hearing.

(2) Prior to any Public Hearing, the Municipal District shall give notice in accordance with the Act.

(3) At the discretion of Council, first reading of a proposed amendment may be given before the Public Hearing, and Council may require that the applicant pay a fee for advertising according to the governing Land Use Bylaw advertising fee schedule as amended from time to time by resolution of Municipal District Council.

7.1 CONTRAVENTION AND PENALTIES

(1) Where a Development Authority finds that a development or use of land or buildings is not in accordance with

(a) the Act or the regulations made thereunder, or

(b) a development permit or subdivision approval, or

the Development Authority may, by notice in writing, order the owner, the person in possession of the land or buildings, or the person responsible for the contravention, or all or any of them to

(i) stop the development or use of the land or buildings in whole or in part as directed by the notice, and/or

(ii) demolish, remove or replace the development, and/or

(iii) take such other measures as are specified in the notice

so that the development or use of the land or buildings is in accordance with the Act, the regulations made thereunder, a development permit, subdivision approval or this Bylaw, as the case may be.

(2) Where a person fails or refuses to comply with an order directed to him under subsection (1) or an order of the Subdivision and Development Appeal Board within the time specified, the Development Authority may, in accordance with Section 542 of the Act, enter upon the land or building and take such action as is necessary to carry out the order.

(i) A person who contravenes or fails to comply with any provision of their development permit is guilty of an offence and is liable upon summary conviction of a fine as described within the penalty listing in appendix A.

(3) Where the Development Authority carries out an order, the Council shall cause the costs and expenses incurred in carrying out the order to be placed on the tax roll as an additional tax against the property concerned, and that amount shall be collected in the same manner as taxes on land.

(4) A person who contravenes or fails to comply with any provision of this Bylaw is guilty of an offence and is liable upon summary conviction to a fine not exceeding

$10,000.00 or to imprisonment for not more than one year, or to both fine and imprisonment, pursuant to Section 566 of the Act.

(5) A Development Authority may suspend or revoke a development permit which has not been complied with, following notification, stating the reasons for such action.

(6) In addition to the process and penalties described above, the Development Authority or any other person identified as a designated Peace Officer by the Council for the purposes of this Section, shall be authorized to inspect any development to confirm compliance, and if not in compliance to issue violation tickets in respect to any contravention of this Bylaw.

(7) Violation Tickets

(a) The Development Authority or any other person identified as a designated officer by the Council for the purposes of this Section, may issue a violation ticket to any person alleged to have breached any provision of this Bylaw.

(b) The violation ticket shall specify the alleged offence committed by the person to whom the violation ticket is issued and require voluntary payment, or the option of a court appearance on a date specified, and will be dealt with thereafter at the court’s discretion.

(c) Persons contravening any provision of this Bylaw to whom violation tickets are issued shall be liable for a penalty of $500.00 for a first offence and $1000.00 for a second or subsequent offence within the same calendar year. Each day that a breach of the Bylaw has occurred may be considered to be a separate offence.

(d) The violation ticket shall be served upon the alleged offender personally, or if the defendant cannot be conveniently found, by leaving it for the defendant at the defendants place of residence with a person on the premises who appears to be at least 18 year of age. If payment is made within the time limit, then such payment shall be accepted in lieu of prosecution for the offence.

(e) If a person who has been served with a violation ticket fails to pay the fine specified therein, then the right of the alleged offender to settle the alleged offence without a court appearance shall no longer apply and prosecution for the alleged offence shall proceed.

APPENDIX A

Specified Penalty Listing

 3.1(1) Development of land / buildings without permit.

 3.1(1) Use or development not permitted in Land Use Bylaw.

 3.1(1) Development / Encroachment onto, Public Land / Environmental Reserve/ Municipal Reserve / Reserve / Road Allowance / Utility Allowance.

 7.1 (2) (i) Fail to comply with conditions of a Development Permit.

 7.1 (6) Refuse to allow a Development Officer / Peace Officer (as defined by the Peace Officer Act of Alberta) to inspect development.

 9.4 (4)(i)(vi) Parking of Heavy Truck and/or Heavy Equipment (gross weight over 2 tonnes) in contravention of Development Permit.

 9.6 (5) (j) (vi) Parking of Heavy Truck and/or Heavy Equipment (gross weight over 2 tonnes) in contravention of Development Permit.

 10.4(4) Placement of sign without Municipal authorization.

The above mentioned violations are subject to a specified penalty of $500.00 for the first offence and $1000.00 for the second and any subsequent offence within the same calendar year.

8.1 SUBDIVISION OF LAND

1. Where the development of land requires a subdivision, no development permit shall be issued until the proposed subdivision has received tentative approval from the Subdivision Authority for the Municipal District.

2. For the purposes of this Bylaw, an unsubdivided quarter section shall include those quarter sections where a separate title exists for a public utility, a railroad, or an institutional use.

3. Development agreements shall be required as a condition of approval for subdivision of land within the Municipal District.

8.2 NUMBER OF DWELLING UNITS ON A LOT

1. The number of dwelling units allowed on any lot shall not exceed one (1) except:

(a) where a second dwelling unit is proposed to be constructed or located on a lot of 32 ha (79 ac.) or more; or

(b) where the additional dwelling unit:

(i) is contained in a building that, or in buildings each of which is designed for or divided into two (2) or more dwelling units; or

(ii) is a manufactured home in a manufactured home park; or

(iii) is a building, as defined in the Condominium Property Act, that is the subject of a condominium plan to be registered in a land titles office under the Act; or

(iv) is to be occupied by a person or persons and located on the lot on a temporary or short-term basis, who, due to extenuating circumstances, may require care, but wishes to maintain an independent life-style; or

(v) is to be occupied by a person or persons and located on the lot on a temporary or short-term basis while building a single family dwelling on the same lot.

2. If the second or additional dwelling unit is a manufactured home, and if that manufactured home is not located within a manufactured home park, the Development Authority may, as a condition of the approval of the second dwelling unit, require that the manufactured home be located on the lot for a temporary period only, with such other conditions relevant thereto that the Development Authority may deem advisable.

3. If the additional dwelling unit is as defined in Section 8.2.1 above, the Development Authority may, as a condition of the approval of the second or additional dwelling unit, require that the dwelling unit be located on the lot for a temporary period only, and/or that the dwelling unit be placed on the lot in such a manner as to allow for any future subdivision of parcels of land containing the dwelling units from the remainder of the titled area, with such other conditions relevant thereto that the Development Authority may deem advisable. This regulation does not imply any future commitment regarding the approval of a subdivision of any dwelling units on a parcel of land.

4. Except in the Hamlet Residential District or as allowed pursuant to an Area Structure Plan, guest houses, even within manufactured homes, shall not be allowed.

8.3 EXISTING SUBSTANDARD LOTS

1. Development on existing substandard lots may be allowed by the Development Authority. Compliance with the Alberta Safety Codes Act and any applicable Provincial Board of Health Regulations shall be required.

8.4 SITE CONDITIONS

1. Development shall not be allowed on unstable slopes, land characterized by soil instability, or land exhibiting evidence of poor drainage or flooding unless it can be demonstrated to the satisfaction of the Development Authority that unique site requirements warrant otherwise.

2. Development Near Waterbodies and Watercourses

(a) Where a parcel of land borders on or contains a coulee, ravine or valley, without a watercourse, the minimum required setback of a building from the coulee, ravine or valley shall be 7.5 m (25 ft) or three (3) times the depth of the coulee, ravine or valley, whichever is the greater distance, unless the Development Authority is satisfied through the submission of a detailed geotechnical engineering study from a registered professional engineer that a lesser setback is warranted.

(b) A minimum setback of 30 m (100 ft) shall be provided for all buildings from the top of bank of any watercourse, from the top of the ravine or other topographical feature in which a watercourse is located, or from any water body unless the Development Authority is satisfied through the submission of a detailed geotechnical engineering study from a registered professional engineer that a lesser setback is warranted. This requirement shall not apply to fences, boat houses or swimming facilities, which may be allowed within this strip.

(c) The Development Authority may increase any minimum yard or setback requirement, where any permitted or discretionary use or ancillary development may be detrimental to the preservation of shoreland, or adversely affected by reason of such use being in a floodplain, or in proximity to lands with unstable or steep slopes.

3. Lands Subject to Flooding or Subsidence

(a) Notwithstanding that a proposed development is a permitted use, or conforms in all respects with this Bylaw, where the application is for development on lands that are or may be subject to flooding or subsidence, or in an area potentially subject to a 1:100 year flood, the Development Authority shall not approve a development permit unless the applicant can demonstrate that preventive engineering and construction measures can be instituted to make the site suitable for the proposed development or to protect the development from the potential flooding hazard. In the Poplar Lane Floodplain (PF) District, specific reference in this regard shall be had to the applicable Area Structure Plan and its policies, and the regulations within this Bylaw related to development within the PF District.

(b) If a development is subsequently approved in such an area, the developer shall be required to implement the preventive measures referred to in subsection (a) above, and agree within a written agreement that can be caveated or otherwise registered against the titles of the affected lands, that:

(i) the developer and/or any subsequent landowners shall be responsible for any damage or loss caused by flooding, erosion or subsidence;

(ii) the developer and/or any subsequent landowners shall indemnify the Municipal District of Lesser Slave River No. 124, and related parties, against any loss, damage or costs, etc.; and

(iii) development on the lands shall be restricted so as to comply with the preventative measures referred to in subsection (a) above, and in any further or other manner that the Development Authority deems appropriate.

4. The Development Authority may impose conditions on the approval of a development permit requiring the retention of trees, or additional planting of such a type and extent that is considered necessary.

5. The Development Authority may prescribe setback and/or buffering requirements for uses which may be incompatible with adjacent land uses.

6. The Development Authority may prescribe or approve screening for uses which involve the outdoor storage of goods, machinery, vehicles, building materials, waste materials, and other similar uses.

7. Buildings, fences, trees, haystacks, or other similar obstructions to vehicular traffic visibility on multi-lane highways, major two-lane highways, minor two- lane highways, and grid roads shall not be allowed (see Figures 1, 2, 3, 4, 5, 6 and 7).

8.5 LANDSCAPING

1. The Development Authority may require, as a condition of the approval of a development permit, the preparation and implementation of a landscaping plan.

2. A landscaping plan shall contain the following information for the site and adjacent boulevards:

(a) all physical features, existing or proposed, including shrubs, trees, flower beds, berm contours, walls, fences, outdoor furniture, surface utilities, and decorative paving; with

(b) all shrubs and trees, whether existing or proposed labelled by their common name and size.

3. The Development Authority may impose conditions requiring the retention or removal of trees, as well as additional tree planting.

4. In addition to other provisions in this Bylaw, all permitted forms of non-farming related (residential, industrial, recreational) developments shall maintain a buffer as may be required by the Development Authority.

5. Buffers may include vegetation screens, distance separation, or a combination of these or any such suitable interposing features as the Development Authority may require.

6. All development in proximity to highways shall be screened, landscaped and buffered to the satisfaction of the Development Authority.

7. A garbage collection area, an open storage area, or an outdoor service area which is visible from an abutting site in a residential district, or from a public roadway other than a lane, shall be fenced or have a screen planting. The location, length, thickness and height of such fence or screen planting shall be in accordance with the landscaping plan as approved by the Development Authority. Such fence or screen planting shall be maintained by the landowner/developer to provide effective screening from the ground to a height as determined at the discretion of the Development Authority.

8.6 MUNICIPAL SERVICES/SANITARY FACILITIES/ROAD AVAILABILITY

1. In accordance with the policies of the Municipal District of Lesser Slave River No. 124 Municipal Development Plan, a development permit shall not be valid for a proposed use without the necessary approvals respecting the proposed type of sanitary facilities required by Provincial regulation.

2. In accordance with the policies of the Municipal District of Lesser Slave River No. 124 Municipal Development Plan, a development permit shall not be issued for residential, recreational, commercial or industrial uses unless the Development Authority is satisfied that water supplies of sufficient quality and quantity are available to support existing and proposed development.

3. At the discretion of the Development Authority, the provision of a water reservoir, dugout or other similar facility may be required in a residential development of more than three (3) lots for the purpose of fire fighting protection.

4. No development shall take place and no development permit shall be approved unless the lot on which the development is to take place has direct access to a developed, all-weather road constructed to municipal standards or better. Alternatively, the Development Authority may establish as a condition of approval that an all-weather road be constructed by the developer/landowner to municipal standards or better from the nearest such road to the lot.

8.7 DEVELOPMENT ON CORNER LOTS

On corner lots in any district, no fence, wall, tree, bush structure or thing more than 0.9 m (3 ft) in height shall be erected, placed or maintained within the triangular area formed by the intersecting boundary lines of the lot adjacent to the highway or road and a straight line joining points on those boundary lines 6 m ( 20 ft) from their intersection.

8.8 SPECIAL SETBACKS

1. Notwithstanding any other provisions of this bylaw, septic tanks and/or cesspools shall not be located within 40 m (134 ft) of the right-of-way of any highway or grid road in the R, A, CR1, CR2, CR3, or PF District unless approved by the Development Authority.

2. Notwithstanding any other provisions of this bylaw, minimum required yards for dugouts and borrow pits shall be at the discretion of the Development Authority.

8.9 MOVED-IN BUILDINGS

1. The movement of any building onto a lot, other than a farm building in the R District or A District, shall require an approved development permit.

2. The Development Authority may require the applicant to provide an acceptable security equal to the estimated amount of repairs, to ensure completion of any renovations set out as a condition of approval of a permit.

8.10 OBJECTS PROHIBITED OR RESTRICTED IN YARDS

1. No person shall keep or permit in any Residential District:

(a) any dismantled or wrecked vehicle for more than thirty (30) successive days;

(b) any object, chattel, or other use of land which, in the opinion of the Development Authority is unsightly or tends to adversely affect the amenities of the district; or

(c) any excavation, storage or piling up of materials required during the construction stage unless all necessary safety measures are undertaken. The owner of such material or excavations assumes full responsibility to ensure the situation does not prevail any longer than reasonably necessary to complete a particular stage of construction work.

8.11 PROJECTION OVER YARDS

1. No portion of any building shall project onto, over or into a minimum required yard.

2. Notwithstanding Subsection 2. above, the portions of an attachment to a main building which may project over a minimum required yard are:

(a) on a site in a residential district, a cornice, sill, a canopy or eaves which project for a distance not exceeding one-half of the minimum required side yard;

(b) a chimney which projects 0.6 m (2 ft) or less provided that in each case it is not less than 0.9 m (3 ft) from the side line; and

(c) unenclosed steps with or without a landing and above the surface of the yard if they do not project more than 2.4 m (8 ft) over or on a minimum required front or rear yard.

8.12 TOPSOIL REMOVAL

1. A development permit is required for the removal of top soil, sand, or gravel for commercial purposes.

2. The Development Authority may refer a copy of a development permit application for topsoil removal to the appropriate provincial agencies for input prior to making a decision.

8.13 PROTECTION FROM EXPOSURE HAZARDS

1. The location of an anhydrous ammonia or liquefied petroleum gas (AA or LPG) storage tank with a water capacity exceeding 9080 1 (2000 gal.) shall be in accordance with the requirement of the Development Officer, but in no case be less than a minimum distance of 228 m (748 ft.) from assembly, institutional, mercantile or residential buildings. Nor shall a storage tank be placed within a minimum of 38 m (124.5 ft.) of the centre line of a grid road, 41 m (134.5 ft.) from the right-of-way of a minor two-lane highway or 70 m (230 ft.) from the right-of-way of an major two-lane highway or a multi-lane highway.

2. AA or LPG containers with a water capacity of less than 9080 l (2000 gal.) shall be located in accordance with regulations under the Alberta Safety Codes Act.

3. Flammable liquids storage tanks at bulk plants or service stations shall be located in accordance with regulations under the Alberta Safety Codes Act.

4. Setbacks from pipelines and other utility corridors shall be at the discretion of the Development Authority and be in accordance with the appropriate provincial regulations or acts, but in no case be less than a minimum distance of 30 m (98.4 ft.) for institutional, commercial, or residential buildings.

5. The location of the storage tank shall be completely enclosed by a security fence having a minimum height of 1.8 m (6 ft.).

6. Dangerous Goods warning signs of an appropriate nature shall be clearly visible at the site. Signs shall be attached to the fence and to the storage tanks.

8.14 SOUR GAS FACILITIES

1. No development shall be allowed within 100 m (328 ft.) of a Level 1 sour gas facility (consisting of a well) as determined by the Alberta Energy and Utilities Board (AEUB).

2. In the case of a Level 2 sour gas facility as determined by the AEUB:

(a) no permanent dwelling shall be allowed within 100 m (328 ft.) of the sour gas facility; and

(b) no institutional use shall be allowed within 500 m (1640 ft.) of the sour gas facility.

3. In the case of Level 3 sour gas facility as determined by the AEUB:

(a) no permanent dwelling shall be allowed within 100 m (328 ft.) of the sour gas facility;

(b) no residential development with a density of more than eight (8) dwelling units per quarter section shall be allowed within 500 m (1640 ft.) of the sour gas facility; and

8.15 KEEPING OF DOMESTIC PETS AND ANIMALS

1. The keeping of domestic pets and animals in the CR1, CR2, CR3, PF, HR, or RR Districts shall be in accordance with the following, without the need to obtain a development permit:

(a) No animals other than domestic pets or the animals listed in Subsection (g) of this Section shall be allowed in the CR1, CR2, CR3, PF, HR, or RR Districts.

(b) The total number of domestic pets per lot shall not exceed four (4) of which not more than two (2) shall be dogs.

(d) On lots 1.21 ha (3 ac) in size and larger, additional animal/bird units shall be allowed in accordance with the following:

Allowable Number of

Lot Size Animal/Bird Units

1.21 - 1.61 ha (3.0 - 3.99 ac) 2

1.62 - 2.02 ha (4.0 - 4.99 ac) 3

2.03 - 2.42 ha (5.0 - 5.99 ac) 4

2.43 - 8.09 ha (6.0 - 19.99 ac) 5

On lots greater than 8.09 ha (19.99 ac), animal/bird unit restrictions shall not apply.

(e) Animals shall be kept under such conditions that they do not act as a nuisance and reduce the amenities of the residential subdivision for other residents.

(f) The keeping of animals or birds not in accordance with this Subsection 8.15.1. shall require a development permit.

(g) For the purposes of this Subsection, “one (1) animal/bird unit” means:

(i) one (1) horse (over one (1) year old), or

(ii) two (2) colts (up to one (1) year old), or

(iii) one (1) cow (over one (1) year old), or

(iv) two (2) calves (up to one (1) year old), or

(v) one (1) llama, or

(vi) two (2) alpacas, or

(vii) one (1) pig (over one (1) year old), or

(viii) two (2) piglets (up to one (1) year old), or

(ix) ten (10) ducks, turkeys, geese or chickens, or

(x) two (2) sheep or goats, or

(xi) twenty (20) rabbits or similar rodents.

(h) For the purposes of this Subsection, “domestic pets” means animals which normally live inside a dwelling unit. One (1) domestic pet shall mean one (1) such animal.

(i) The keeping of ostriches or other ratites shall only be allowed upon issuance of a development permit. Two (2) ostriches, emus, or other ratites shall be the equivalent of one animal/bird unit. Any development permit issued for the keeping of these birds shall require, as a condition of the approval, the construction of a minimum 1.8 m (6 ft) high perimeter fence comprised of tight lock game fencing or chain link fencing with steel or wooden posts around the fenced pen area.

(j) For animals specified in Subsections 8.15.1(g)(i) to (vii), a perimeter fence not less than 1.2 m (4 ft) in height shall be constructed of four (4) strand barbed wire, chain link or wood/ steel rail. The perimeter fence is to be no closer than 20 m (66 ft) from the nearest dwelling. For all other animals specified in Subsection 8.15.1(g), appropriate fencing will be constructed to contain said animals/birds within the property.

2. The keeping of animals in the HR, HC or HG Districts shall be in accordance with the following, without the need to obtain a development permit:

(a) No animals other than domestic pets or the animals listed in Subsection (g) of this Section shall be allowed in the HR, HC, or HG Districts.

(b) The total number of domestic pets per lot shall not exceed four (4) of which not more than two (2) shall be dogs.

(d) Domestic pets shall be kept under such conditions that they do not act as a nuisance and reduce the amenities of the residential subdivision for other residents.

(e) On lots 1.21 ha (3 ac) in size and larger, additional animal/bird units shall be permitted in accordance with the following:

Allowable Number of

Lot Size Animal/Bird Units

1.21 - 2.02 ha (3.0 - 4.99 ac) 1

2.03 - 4.05 ha (5.0 - 9.99 ac) 2

4.06 - 8.09 ha (10.0 - 19.99 ac) 4

On lots greater than 8.09 ha (19.99 ac), a maximum of six (6) animal/bird units shall be allowed.

(f) The keeping of animals or birds not in accordance with this Subsection 8.15.2. shall require a development permit.

(g) For the purposes of this Subsection 8.15.2., “one (1) animal/bird unit” means:

(i) one (1) horse (over one (1) year old), or

(ii) two (2) colts (up to one (1) year old).

(h) For the purposes of this Subsection, “domestic pets” means animals which normally live inside a dwelling unit. One (1) domestic pet shall mean one (1) such animal.

(i) For animals specified in Subsection 8.15.2.(f), a perimeter fence not less than

1.2 m (4 ft) in height shall be constructed of four (4) strand barbed wire, chain link or wood/ steel rail. Perimeter fence is to be no closer than 20 m (66 ft) from the nearest dwelling.

8.16 ACCESSORY BUILDINGS IN HAMLET AREAS, IN COUNTRY RESIDENTIAL DISTRICTS AND IN RECREATIONAL DISTRICTS

1. Where a building is attached to the main building on a site by its roof, an open or enclosed structure, a floor or a foundation, it is considered to be a part of the main building.

2. Except as otherwise indicated in this Bylaw, this Section applies within the HC, HG, and RF Districts, and within all Residential Districts.

3. No accessory building or use shall be erected or placed within a minimum required front yard.

4. Notwithstanding Subsection 3. above, the Development Authority may approve the erection of an accessory building or use within the minimum front yard requirement in the R District provided that no building is located within 15 m (50 ft) from the right-of-way of a highway or road.

5. In the HR, HC, or HG District, an accessory building, with the exception of a rear- entrance garage, shall be situated on an interior lot so that the exterior wall is at least

0.9 m (3 ft) from the side and rear lines of the lot. Accessory buildings in all other Districts must conform to the minimum yard requirements specified for that District.

6. In the HR, HC, or HG District, garages shall be located so that vehicle entrance doors shall not be closer than 5.5 m (18 ft) from the boundary line towards which they face or open. Garages in all other Districts must conform to the minimum yard requirements specified for that District.

7. On corner lots, accessory buildings shall be situated so that the side yard which abuts the road is not less than the minimum side yard requirement for the main building or use.

8. On lake front lots, a boat house may, at the discretion of the Development Authority, be located on the lot less than 7.5 m (25 ft) from the boundary line closest to the lake shoreline. If a boat house encroaches on the bed and shore of the lake, approval from Alberta Public Lands may be required.

9. An accessory building shall be not more than 8 m (26 ft) in height. (Bylaw 2008-02)

10. Except in Recreation Districts, the maximum area allowed for accessory buildings shall be in relation to lot area as shown in the chart below. In Recreation Districts, no accessory building may have a gross floor area exceeding 53.5 sq. m (576 sq. ft.):

MAXIMUM ACCESSORY BUILDING AREA IN RELATION TO LOT AREA

Lot Area Maximum Accessory Building Area

Up to 0.39 ha Total Area 93 m2 (1000 ft.2)

(up to 0.99 ac.) Single Building 69.6 m2 (750 ft.2)

0.40 to 0.80 ha Total Area 185.8 m2 (2000 ft.2)

(1.0 to 1.99 ac.) Single Building 148.6 m2 (1600 ft.2)

0.81 ha & larger Total Area 316 m2 (3401 ft.2)

(2.0 ac. & larger) Single Building 223 m2 (2400 ft.2)

11. All accessory buildings shall be constructed of materials that blend harmoniously with the main building on the lot.

12. Except in Recreation Districts, no accessory building may be built on a lot before a main building or a main use is developed on the lot except where:

(a) an approved main building is developed on the lot within three year of the date of issue of the Development Permit for the accessory building; or

(b) the main building exists on an adjacent lot where the developer holds title for both adjacent lots; if there is a title change for either lot then the landowner of the lot with the accessory building shall remove the accessory building or develop a main building on the lot within three years from the date of title change of either lot.

13. The applicant must demonstrate to the satisfaction of the Development Authority, during the development permit application process, that the external appearance of the accessory building will complement the appearance of the main building by architectural design and external finish of construction materials.

8.17 ACCESSORY BUILDINGS IN OTHER DISTRICTS

1. An accessory building or use is subject to the requirements for that District.

2. No accessory building may be built on a lot before a main building or a main use is developed on the lot.

8.18 PROXIMITY TO HIGHWAYS

Any development permit approved for land located within 0.8 km (0.5 mi.) of the boundary of the right-of-way of a multi-lane highway, a major two-lane highway, or a minor two-lane highway shall be issued subject to approval of the development, if necessary, by Alberta Transportation.

8.19 MAJOR AND MINOR TWO-LANE HIGHWAYS

1. This Section applies only within the R District and the A District.

2. The following regulations apply to development adjacent to minor-two lane highways:

(a) On a parcel of land located at the intersection of a minor two-lane highway with a grid road, no development shall be allowed within the areas illustrated in Figure 1.

(b) On a parcel of land located at the intersection of two minor two-lane highways, no development shall be allowed within the area illustrated in Figure 2.

(c) On a parcel of land located in the inside of a road curve, no development shall be allowed within the areas illustrated in Figure 3.

(d) No development shall be located so that access or egress to a minor two-lane highway road is within 150 m (500 ft) of the beginning or end of a road curve of greater than twenty (20) degrees curvature or within the distance from the intersection of two roads as illustrated in Figures 1, 2 and 3, unless otherwise approved by the Development Authority.

(e) Access or egress to a minor two-lane highway shall not be permitted where it would be:

(i) less than 150 m (500 ft) from an existing access on the same side of the road;

(ii) less than 150 m (500 ft) from a bridge;

(iii) less than 150 m (500 ft) from an at-grade railway crossing; or

(iv) at a point where the gradient of the road is in excess of three percent when the existing surveyed road has been constructed to minor two- lane highway standards. Access or egress will be permitted only if construction to minor two-lane highway standards is expected within two years and the grade will then be less than three percent.

(f) The planting of trees adjacent to minor two-lane highways shall be in accordance with the requirement illustrated in Figures 1, 2 and 3, unless otherwise approved by the Development Authority.

(g) The Development Authority may prescribe or approve screening for uses which involve the outdoor storage of goods, machinery, vehicles, building materials, waste materials or other similar uses.

(h) Undeveloped parcels legally created prior to the enactment of this Bylaw and which would not have building sites resulting from this section are excluded from the conditions shown in Figures 1, 2 and 3; however, development must meet provisions as required by the Development Authority.

2. The following regulations apply to development adjacent to major-two lane highways:

(a) On a lot located at the intersection of two major two-lane highways, no development shall be allowed within the areas illustrated in Figure 4 unless otherwise approved by the Development Authority.

(b) On a lot located at the intersection of a major two-lane highway with a minor two-lane highway, no development shall be allowed within the areas illustrated in Figure 5 unless otherwise approved by the Development Authority.

(c) On a lot located at the intersection of a major two-lane highway with a grid road no development shall be allowed within the areas illustrated in Figure 6 unless otherwise approved by the Development Authority.

(d) The planting of trees adjacent to major two-lane highways shall be in accordance with the requirements illustrated in Figures 4, 5 and 6, unless otherwise approved by the Development Authority.

(e) The Development Authority may prescribe or approve screening or uses which involve the outdoor storage of goods, machinery, vehicles, building materials, waste materials or other similar uses.

(f) Notwithstanding highway development control regulations which apply, this bylaw may establish a higher standard than those regulations for development adjacent to major two-lane highways and their intersections.

(g) Undeveloped parcels legally created prior to the enactment of this Bylaw and which would not have building sites resulting from this section are excluded form the conditions shown in Figures 4, 5 and 6; however, development must meet provisions as required by the Development Authority.

8.20 OFF-STREET LOADING

1. When required by this Bylaw, a development shall:

(a) provide loading spaces, each having dimensions of not less than 3 m (10 ft.) in width, 7.5 m (24.5 ft.) in length, and 4.2 m (13.75 ft.) in height;

(b) provide vehicular ingress to, and egress from, a street or lane such that no backing or turning movements of vehicles going to or from the site cause interference with traffic in the abutting streets or lanes;

(c) be sited at an elevation or elevations convenient to a major floor level in the building or to a utility elevator serving each major floor level; and

(d) be so graded and drained as to dispose of all storm water runoff. In no case shall drainage be allowed to cross sidewalks.

2. Number of Off-Street Loading Spaces

(a) In a commercial or industrial warehouse or similar development (other than those indicated in Subsection (b) below):

(i) of less that 460 sq. m (4951.5 sq. ft.) of gross floor area, one (1) space,

(ii) for between 460 sq. m (4951.5 sq. ft.) and 2300 sq. m (24,758 sq. ft.) of gross floor area, two (2) spaces,

(iii) for each additional 2300 sq. m (24,758 sq. ft.) or fraction thereof, one (1) space.

(b) For an office building, place of public assembly, public convalescent home, institution, club or lodge, public utility, school, or for any other use, for each 2300 sq. m (24,758 sq. ft.) of gross floor area or fraction thereof, one (1) space.

8.21 OFF-STREET PARKING

1. An off-street parking area or accessory off-street parking area:

(a) shall not be located within 1 m (3.25 ft.) of a lot line;

(b) shall be constructed so that adequate access to and exit from each parking space is to be provided at all times by means of maneuvering aisles designed to the satisfaction of the Development Authority;

(d) shall be adequately signed so as to direct access to it.

2. Dimensions

(a) All parking areas shall conform to the following requirements:

Minimum Parking Standards (in m (ft.))

(a)	(b)	(c)	(d)	(e)	(f)
Parking	Width of	Depth of Space	Width of Space	Overall	Width of
Angle in Degrees	Space	Perpendicular to Maneuvering Aisle	Parallel to Maneuvering Aisle	Depth	Maneuvering Aisle (m)
0	2.7 (9)	2.7 (9)	7.0 (23)	9.1 (30)	One Way 3.6 (12)
30	2.7 (9)	5.2 (17)	5.5 (18)	14.0 (46)	One Way 3.6 (12)
45	2.7 (9)	5.8 (19)	4.0 (13)	15.2 (50)	One Way 3.6 (12)
60	2.7 (9)	6.1 (20)	3.1 (10)	18.2 (59)	One Way 6.0 (19.5)
90	2.7 (9)	6.1 (20)	2.7 (9)	19.5 (64.5)	One Way 7.3 (24)

(See diagram below for definitions of column headings)

(b) In the R, A, RC, M, and CM Districts, the Development Officer may require some parking spaces provided to be a minimum width of 3.0 m (10 ft.) and a minimum depth of 20 m (65.5 ft.), specifically designed for large trucks. Maneuvering aisles and accesses will be sized appropriately to permit vehicular access to these spaces.

3. Surfacing and Drainage

(a) Every off-street parking space provided, and the access thereto, shall be hard surfaced if the access is from a street or lane which is hard surfaced; parking areas must be paved or of gravel mixture as approved by the Development Authority.

(b) Each parking area shall be so graded and drained as to dispose of all storm water runoff. In no case shall drainage be allowed to cross a sidewalk unless allowed otherwise by the Development Authority.

4. Required Number of Off-Street Parking Spaces

The minimum number of off-street parking spaces required for each building or use shall be as in the following table. In the case of use not specifically

mentioned, the required number of off-street parking spaces shall be the same as for a similar use as determined by the Development Authority. Where a development falls within more than one class, the required number of spaces shall be the sum of the requirements for each of the development classes.

Use of Building or Development Minimum No. of Parking Spaces

Residential

All dwellings 2 per dwelling unit

Home occupations 1

Bed and breakfast establishments 1 per bedroom available for rental Commercial

General retail establishments, 1 per 28 m2 (301 sq. ft.) of gross leasable

and banks floor area plus one space per two employees on maximum shift

Personal service shops, and 1 per 46 m2 (495 sq. ft.) of gross leasable other offices floor area plus one space per two employees

on maximum shift

Eating and drinking 1 per 4 seating spaces plus 1 space per

establishments 2 employees on maximum shift

Hotels and country inns 1 per sleeping unit plus 1 space per

2 employees on maximum shift

Places of Public Assembly

Auditoriums, religious assembly, To the satisfaction of the Development halls, clubs, theatres, and other Authority

amusement or recreation places Schools

Public, separate or private 1 per employee on maximum shift plus 5 elementary and jr. high schools

Public or separate sr. high schools 1 per employee on maximum shift, plus 1

for every 4 students, plus whatever number required as a result of any auditorium or gym

Industrial

Any industrial use or public 1 per 2 employees on maximum shift utility building provided that this standard may be varied

by the Development Authority

Hospitals and Similar Uses

Hospitals, sanitariums, 1 per 93 m2 (1001 sq. ft.) of gross floor convalescent homes, etc. area, or 1 per 4 beds plus 1 for every 2

employees on maximum shift, whichever is greater

8.22 SINGLE LOT SUBDIVISIONS FOR RESIDENTIAL OR RECREATIONAL USE (including the subdivision of Farmsteads and Fragmented Parcels)

1. Subdivision applications for the purpose of creating more than one (1) lot for residential use or recreational use as defined in this Bylaw per quarter section of land in the R District shall not be approved.

2. Subdivision applications for the purpose of creating more than two (2) lots for residential use or recreational use as defined in this Bylaw per quarter section of land in the A District shall not be approved.

3. When reviewing applications to reclassify land from the R District or the A District to a CR1, CR2, CR3, PF, or RR District, or to any other District to allow for a number of lots for residential use on one quarter section of land, Council shall have regard, among other matters, to the following:

(a) Development for residential or recreational uses may be prohibited:

(i) on lands currently under agricultural production that are classified in the farmland assessment as either arable or improved pasture, and assessed as having a 40% agricultural productivity capability or higher;

(ii) on sites where adequate year-round access is not available by either a paved or a gravelled all-weather road in good condition;

(iii) on sites where necessary services are not provided at the sole expense of the developer; or

(iv) on sites where water quality and/or quantity is marginal or substandard.

4. Notwithstanding the above-noted criteria, the Development Authority may consider a development permit application for a residential or recreational use on a lot registered in the Land Titles Office as a separate title as of the date of the approval of this Bylaw in the R District or the A District.

5. For the purpose of land use and subdivision, a single lot subdivision for a residential or recreational use as defined in this Bylaw or a subdivision of a farmstead shall generally be from 0.8 ha (2 ac.) to 2.0 ha (4.9 ac.) in size. However, subdivisions of farmsteads shall incorporate within their boundaries those natural and man-made features that form part of the residence-related portion of a farm operation, such as shelterbelts, small tree stands, gardens, small corrals, driveways, fences, buildings, structures, water supply and sewage disposal facilities (but not including the distances required in order to satisfy the sewage pumpout separation requirements under the Alberta Safety Codes Act), and other features which are normally considered to be part of a farmstead. By including those above-named features, the size of a single lot subdivision for

residential use or a farmstead may exceed the 2.0 ha (4.9 ac.) criterion.

6. In the case of the subdivision of a fragmented area used or intended to be used for residential or recreational use as defined in this Bylaw, the adequacy of the parcel shall be determined by the Subdivision Authority. The subdivision of a fragmented area will only be approved if each parcel is readily accessible from a constructed road or highway, and if there is a site on each proposed parcel which would be suitable for the construction of a dwelling and which would meet the minimum yard and setback requirements of this Bylaw.

7. Development for residential or recreational use as defined in this Bylaw shall be prohibited:

(a) on sites where adequate year-round access is not available by either a paved or graveled all-weather road in good condition;

(b) on sites where necessary services are not provided at the sole expense of the developer;

(d) within 30 m (98.4 ft.) of the shoreline of any lake.

8. When a farmstead is subdivided from a quarter section, it shall be regarded as a residential site for the purposes of this Bylaw.

9. The Subdivision Authority shall consider the minimum distance separation between dwellings and a confined feeding operation as determined through the use of Schedule 1 of the Standards and Administration Regulation adopted pursuant to the Agricultural Operation Practices Act as a guide for evaluating all subdivisions for residential use in proximity to confined feeding operations.

8.23 RECREATION

1. A site plan detailing the protection of existing treed areas and site topography may be required as a condition of the approval of a development for a recreational use.

2. Spaces for day use, picnicking, camping and similar activities shall be suitably organized, clearly marked, and constructed to the satisfaction of the Development Authority.

8.24 RECREATIONAL VEHICLE PARKS

1. The construction and maintenance of all internal roads are to be the responsibility of the landowner/developer. Internal roads shall have a minimum of a 6 m (20 ft.) usable top, except for one-way roads, which shall have a minimum of a 3.65 m (12 ft.) usable top.

2. Recreational vehicle or camping spaces shall have a minimum of 13.5 m (49 ft.) width and a minimum of 273 sq. m (2938.5 sq. ft.) area. All such spaces shall be set back a minimum of 30 m (98.4 ft.) from the shoreline of any body of water or lake.

3. The developer shall provide an adequate on-site water supply.

4. As a condition of approval, the Development Authority shall require the developer to obtain any necessary permits and approvals from all regulatory authorities and agencies having jurisdiction over the type of development.

5. A development agreement may require the developer to construct, upgrade, or pay to construct or upgrade the necessary Municipal District roads to access the development.

6. The developer shall designate an area equivalent to ten percent (10%) of the total recreational vehicle park area as a playground. This area is to be clearly marked and free from all traffic hazards.

7. The Developer shall provide reasonable and adequate lake access.

8.25 INDUSTRIAL DEVELOPMENT

1. In considering an application for the establishment of an industrial use, the Development Authority may request advisory comment from the Regional Health Authority and any Provincial government agency whose interest or jurisdiction may be affected by the proposed use.

2. In addition to the other requirements of this Bylaw, each development permit application for industrial development shall be accompanied by the following information:

(a) type of industry,

(b) number of employees,

(d) type of effluent and method of treatment,

(e) transportation routes to be used (rail and road),

(f) reason for specific location,

(g) any accessory works required (pipeline, railway spurs, etc.)

(h) anticipated residence location of employees,

(i) emergency response plan,

and/or any other information as may be reasonably required by the Development Authority.

3. All site regulations and requirement shall be based upon the type of industrial development proposed, and shall be at the discretion of the Development Authority.

4. Within a rural industrial park, parcel sizes should be varied but shall be a minimum of 0.4 ha (1 ac.).

8.26 NATURAL RESOURCE EXTRACTION INDUSTRIES

1. In considering an application for the establishment of a natural resource extraction industry, the Development Authority may request advisory comment from the following authorities whose interest or jurisdiction may be affected:

(a) any Provincial government agency,

(b) Regional Health Authority.

2. No development permit shall be issued for a proposed natural resource extraction industry unless it can be demonstrated to the satisfaction of the Development Authority that all necessary provincial permits and approvals pertinent to the proposed development have been obtained.

3. Unless exempted by the Act, no development permit shall be approved for a proposed natural resource extraction industry without a requirement that there be a development agreement between the Municipal District and the developer.

8.27 INTENSIVE AGRICULTURE

All development proposals for intensive agriculture shall be considered and decided upon by the Development Authority individually based upon their individual merit and consideration should be given to such items as site selection, waste disposal, first owner priority, and the distance from watercourses and waterbodies, and from roads and highways.

8.28 CONFINED FEEDING OPERATIONS AND MANURE STORAGE FACILITIES

Confined feeding operations and manure storage facilities for which an approval, a registration, or an authorization is required pursuant to the Agricultural Operation Practices Act are not regulated by this Bylaw but by that Act.

8.29 SERVICE STATIONS AND GAS BARS

1. Service stations and gas bars shall be located in such a manner that:

(a) No entrance or exit thereto for motor vehicles shall be within 60 m (197 ft.) of an entrance to or exit from firehall, public or private school, playground, library, religious assembly, hospital, children's or senior citizen's home, or other public or quasi-public use;

(b) No part of a service station or gas station building or of any pump or other accessory shall be within 6 m (19.5 ft.) of a side or rear property line;

(c) Service stations shall have a front yard of not less that 12 m (39.5 ft.) and no fuel pump shall be located closer than 6 m (19.5 ft.) to the front property line; and

(d) Storage tanks shall be set back from adjacent buildings in accordance with the Alberta Safety Codes Act and regulations made thereunder, and the Alberta Fire Code.

2. Site Area and Coverage

(a) The minimum site areas shall be 740 sq. m (7965.5 sq. ft.) and the maximum building coverage shall be 25% of the site area. For service stations including car wash, the minimum site area shall be 1115 sq. m (12,002 sq. ft.).

(b) Where a service station forms part of an auto dealership development, the minimum site area and maximum building coverage may be varied at the discretion of the Development Authority.

3. Site and Building Requirements

(a) All parts of the site to which vehicles may have access shall be surfaced and drained to the satisfaction of the Development Authority.

(b) No activity may be carried on which constitutes an undue nuisance or annoyance to persons occupying land in the immediate vicinity of the site, by reason of dust, noise, gases, odours, smoke or vibration.

8.30 HOME OCCUPATIONS

1. All development permits issued for home occupations shall be revocable at any time by the development authority, if, in its opinion, the use is or has become detrimental to the amenities of the neighbourhood in which it is located.

2. A minor home occupation shall comply with the following regulations:

(a) A minor home occupation shall not employ any person on-site other than a resident of the dwelling.

(b) No offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or radio disturbance detectable beyond the boundary of the lot on which the minor home occupation is located shall be produced by the home occupation.

(c) Except in the R District or the A District, there shall be no outdoor business activity, or outdoor storage of material or equipment associated with the minor home occupation allowed on the site. Storage related to the minor home occupation shall be allowed only in either the dwelling or accessory buildings.

(d) Up to five (5) business visits per week are allowed.

(e) Exterior alterations or additions to accommodate a minor home occupation shall not be allowed.

(f) No commercial vehicle used in or for the home based business shall be parked on the subject site, unless the vehicle is fully enclosed within a garage, or on the adjoining road.

(g) No exterior signage shall be allowed.

3. A major home occupation shall comply with the following regulations:

(a) The number of non-resident employees working on-site shall not exceed two (2) on-site, non-occupant employees.

(b) Up to 8 business visits per day are allowed in the R District and the A District. In all other Districts, up to four (4) business visits per day are allowed.

(c) No more than one (1) commercial vehicle up to a size of a tandem truck, to be used in conjunction with the major home occupation, shall be parked or maintained on the site in a Residential District. The parking space for

the commercial vehicle shall be adequately screened and sited behind the principal building to the satisfaction of the Development Authority.

(d) Not more than four (4) commercial vehicles, each with one accessory trailer, to be used in conjunction with the major home occupation, shall be parked or maintained on a site in an R District or an A District. The number of commercial vehicles that will be allowed to be parked on or in proximity to the site of a major home occupation will be a condition of the approval of a development permit for a major home occupation.

(e) Any interior or exterior alterations or additions to accommodate a major home occupation may be allowed at the discretion of the Development Authority, as along as such alterations comply with this Bylaw and the Alberta Safety Codes Act and the regulations made thereunder.

(c) There shall be no exterior signage, display or advertisement other than a business identification sign, the size of which shall be entirely at the discretion of the Development Authority, and related to the location of the sign on the lot.

4. All home occupations shall comply with the following requirements:

(a) In addition to a development permit application, each application for a minor home occupation or a major home occupation shall be accompanied by a description of the business to be undertaken in the dwelling, an indication of the anticipated number of business visits per week, and details for the provision of parking along with other pertinent details of the business operation.

(b) When a development permit is issued for a home occupation, such permit shall be terminated should the applicant vacate the property for which the permit has been issued.

(c) A minor or major home occupation shall not occupy more than 20% of the gross floor area of the main dwelling or 35 sq. m (375 sq. ft.), whichever is the lesser.

(d) Home occupations shall not involve:

(i) activities that use or store hazardous material in quantities exceeding those found in a normal household; or

(ii) any use that would, in the opinion of the development authority, materially interfere with or affect the use, enjoyment, or value of neighbouring properties.

5. Notwithstanding any other provision of this Bylaw to the contrary, within the R District and the A District, a home occupation may include the use of any building built specifically for use by that home occupation or the outdoor storage of one (1) or more vehicles.

6. A permit issued for a home occupation is valid for one (1) year or longer as determined by the Development Authority. It is the obligation of the developer to seek renewal of a development permit prior to the expiry of the time period for which the initial permit was issued. The Development Authority shall consider the renewal on its merits.

7. A stop order may be issued at any time if, in the opinion of the Development Authority, the operator of the home occupation has violated any provisions of this Bylaw or conditions of the approval of the development permit and complaints based on the operation of the home occupation have been received.

8.31 BED AND BREAKFAST ESTABLISHMENTS

1. A bed and breakfast establishment shall comply with the following regulations:

(a) A bed and breakfast establishment shall not change the principal character or external appearance of the dwelling involved, and shall have a maximum of three (3) sleeping bedrooms.

(b) Cooking facilities shall not be located within the sleeping units.

(c) In addition to any other parking requirements of this Bylaw, one (1) additional parking space shall be provided for each sleeping unit.

(d) A bed and breakfast establishment shall comply with all of the requirements for a home occupation described elsewhere in this Bylaw.

8.32 COUNTRY INNS

A country inn shall comply with the regulations for bed and breakfast establishments, and be considered as a bed and breakfast establishment, except that the number of sleeping bedrooms shall not exceed ten (10).

8.33 RECREATIONAL VEHICLES

1. No recreational vehicle, whether located within a recreational vehicle park or on a lot, may have associated with it any more than two (2) accessory structures, buildings, or other appurtenances, in addition to fences, benches, fire pits, picnic tables, a small shed with a maximum size of 10 sq. m (107.6 sq. ft.), and a screened or roofed patio around or beside the recreational vehicle.

2. No structure accessory to a recreational vehicle shall be used as sleeping quarters.

3. Except for a recreational vehicle on a lot which may have an appurtenant garage for the storage of vehicles or boats, the total gross floor area or ground area covered by all accessory structures, buildings or other appurtenances (other than those indicated in Subsection 1. above) shall not exceed the total gross floor area of the recreational vehicle.

8.34 WORKCAMPS

All workcamps require a development permit and the Development Authority shall give due regard to the need, location and type of campsite, prior to rendering its decision.

8.35 MANUFACTURED HOME PARKS

1. A development permit shall not be issued for a manufactured home park until the Development Authority has received assurance from appropriate authorities indicating that the proposed sewage disposal system has been approved.

2. Adequate on-site recreation areas such as playgrounds and tot lots may be required if deemed appropriate.

3. Where a sewage lagoon is required for the development of a manufactured home park, the construction of a chain link or wire fence may be required as a safety precaution.

4. All accessory structures, such as patios, porches, additions and skirting shall be:

(a) factory-prefabricated units or the equivalent thereof, and so designed and erected as to harmonize with the manufactured homes;

(b) considered as part of the main buildings; and

5. Manufactured homes shall be located a minimum of 7.6 m (25 ft.) from the boundary of a manufactured park site with a road or highway and 4.5 m (14.75 ft.) from adjacent parcels. The setback strip shall be landscaped and/or fenced to the satisfaction of the Development Authority.

6. All roads in a manufactured home park shall be surfaced, and well drained, and maintained to the satisfaction of the Development Authority. Minimum driving surface width shall be 7.3 m (24 ft.).

7. All parks shall be provided with safe, convenient, all-season pedestrian access of at least 1.0 m (3.25 ft.) width for intended use between individual manufactured homes, the park street and all community facilities provided for park residents.

8. Visitor parking space shall be provided at a ratio of at least one space for every two manufactured homes and shall be located at convenient locations throughout the manufactured home park, and shall not be used for the storage of boats, trailers, etc.

9. The design of manufactured home parks shall be to the satisfaction of the Development Authority.

10. All municipal utilities shall be provided underground to stalls in a manufactured home park.

11. In a manufactured home park, 5% of the gross site area shall be devoted to recreational use. This recreation space shall be placed in locations convenient to all park residents, free from traffic hazards, shall not be included in areas designated as buffer strips and shall be clearly defined.

12. All areas of a manufactured home park not occupied by manufactured homes and their additions, internal roads, footpaths, driveways, permanent buildings and any other developed facilities, shall be fully landscaped to the satisfaction of the Development Authority. Screen fences or walls shall be erected where deemed necessary by the Development Authority around laundry yards, refuse collection points and playgrounds.

13. No part of the park shall be used for non-residential purposes except such uses as are required for the direct servicing and well being of the park residents and for the management and maintenance of the park.

14. Manufactured home park facilities shall be arranged to create a homelike atmosphere. This objective is achieved by variations in street pattern, block shapes and location of manufactured home stands.

15. Each manufactured home stall shall be clearly marked off by means of stakes, countersunk steel posts, fences, curbs or hedges.

16. Street lighting in a manufactured home park shall be the same standard as that in a conventional residential neighborhood.

17. Only one main, free-standing, identification sign of residential character and appearance shall be erected at the entrance to a manufactured home park unless the Development Authority is of the opinion that a further and similar sign shall be allowed under exceptional circumstances involving the layout, location and size of the park in relation to the surrounding areas. The sign or signs shall be of a size, type and construction acceptable to the Development Authority.

18. Directional signs within the manufactured home park must be integrated in design and appearance, be kept in scale with the immediate surroundings and constructed of durable material.

19. Manufactured homes shall be separated from each other by at least 6 m (19.5 ft.) side to side and 3 m (10 ft.) from either front or rear stall line provided further that any porch or addition to the manufactured home is regarded as part of the manufactured home for the purpose of spacing. Notwithstanding the above, the minimum side yard requirements shall be 2 m (6.5 ft.).

20. The minimum dimensions for a manufactured home stall shall be 15 m (49 ft.) by 30 m (98.4 ft.).

8.36 DEVELOPMENT NEAR COMMUNITY AREAS

Developments on the fringes of the Community Areas designated in the Municipal District’s Municipal Development Plan will be carefully regulated by the Development Authority so that the natural amenities of the Community Areas are not deleteriously affected. To that end, the Development Authority will not normally approve of discretionary developments in the areas close to a Community Area unless it can be demonstrated that the proposed developments or subdivisions will not have a negative impact on the Community Area.

8.37 PORTABLE STORAGE UNITS

1. Portable storage unit means and industrial storage container including, but not limited to, Sea Can Containers and any other container deemed to be a portable storage unit by the Development Authority of the Municipal District. However, a portable storage unit does not include a garbage disposal unit.

2. Portable storage units shall be considered for approval by the Development Authority, though the development permit application process, as a discretionary use in all land use districts.

3. For use in residential and commercial districts, the applicant must demonstrate to the satisfaction of the Development Authority, during the development permit application process, that the external appearance of the portable storage unit will complement the appearance of the main building on the same lot, OR that the portable storage unit will be screened at all times from off-site view.

4. For use in residential and commercial districts, the allowable length of a portable storage unit is based on the area of the lot, in accordance with the chart below:

MAXIMUM LENGTH OF UNIT IN RELATION TO LOT AREA

Lot Area Maximum Length of Unit

Up to 0.39 ha 6 meters (20 feet) (up to 0.99 ac.)

0.40 to 0.80 ha 12 meters (40 feet) (1.0 to 1.99 ac.)

0.81 ha & larger 15 meters (50 feet) (2.0 ac. & larger)

5. In all land use districts the location and use of a portable storage unit shall comply with all relevant Plans, Policies and Regulation of the Municipal District, and the requirement of any other authority having jurisdiction over the location and use of the portable storage unit.

6. Notwithstanding the above, portable storage units are allowed for temporary use during construction of an approved development. The unit shall be removed from the parcel at the end of construction, as deemed by the Development Authority.

9.1 R - RURAL DISTRICT

(1) General Purpose

To provide for the conservation of extensive areas of land for a wide range of resource-extraction-related uses and to regulate land uses within the “Green Area” of the municipality.

(2) Permitted Uses

(a) Agroforestry, but not including a manufactured home or a single family dwelling (which shall be discretionary uses)

(b) Extensive agriculture, but not including a manufactured home or a single family dwelling (which shall be discretionary uses)

(d) Minor home occupations (See Section 8.30)

(e) Buildings and uses accessory to permitted uses

(3) Discretionary Uses

(a) Animal hospitals

(b) Bed and breakfast establishments (See Section 8.31)

(d) Confined feeding operations (See Section 8.28)

(e) Country inns (See Section 8.32)

(f) Day homes

(g) Extensive recreation (See Section 8.22)

(h) Family care facilities

(i) Farm subsidiary occupations

(j) Fur farming

(k) Group care facilities

(l) Group homes

(m) Heavy truck and equipment storage

(n) Intensive agriculture (See Section 8.27)

(o) Intensive recreation existing as of the date of the approval of this Bylaw

(p) Kennels

(q) Logging

(r) Major home occupations (See Section 8.30)

(s) Manufactured homes (See Section 8.22)

(t) Manure storage facilities (See Section 8.28)

(u) Natural resource extraction industries (See Section 8.26)

(u) Public or quasi-public buildings

(w) Public or quasi-public uses

(x) Public utilities

(y) Recreation camps

(y) Religious assemblies (aa) Rural industries

(ab) Single family dwellings (See Section 8.22) (ac) Workcamps (See Section 8.34)

(ad) Other similar uses approved by the Development Authority (ae) Buildings and uses accessory to discretionary uses

(4) Requirements

(a) Minimum Lot Area for Permitted Uses:

64.7 ha (160 ac) except where the lot is subject to the following:

(i) where discretionary uses have been allowed to reduce the lot size, then the area of the quarter section less the discretionary uses;

(ii) where the lot is fragmented by a natural barrier such as a watercourse or waterbody, then the area of the fragmented lot;

(iii) where the lot is fragmented by a physical barrier such as a road or railway, then the area of the fragmented lot;

(iv) where the original quarter section contained less than 64.7 ha (160 ac), then, subject to Subsection (i) above, the area of the original quarter section.

(b) Minimum and Maximum Lot Area for Discretionary Uses:

(i) A lot for a dwelling unit shall be at least 0.4 ha (1 ac) in area and, unless Section 8.22.5 of this Bylaw applies, no more than 2.0 ha (4.9 ac.) in area.

(ii) The minimum and maximum lot sizes for other discretionary uses shall be as required by the Development Authority.

(c) The subdivision of a lot for a residential use from a quarter section which has had a lot for residential use previously subdivided from it shall not be permitted.

(d) Minimum Front Yard Requirements:

(i) Internal Local Road - 8 m (26.2 ft.) from the boundary of the right- of-way,

(ii) Grid Road - 40 m (131.2 ft.) from the right-of-way,

(iii) Minor Two-Lane Highway - 65 m (213.3 ft.) from the centre line or 40 m (131.2 ft.) from the boundary of the right-of-way, whichever is greater (Note that Section 8.19 also applies),

(iv) Major Two-Lane Highway and Multi-Lane Highway - 70 m (230 ft.) from the centre line or 40 m (131.2 ft.) from the boundary of

the right-of-way, whichever is greater (Note that Section 8.19 also applies),

(v) Developments which cannot comply with Subsections (i), (ii), (iii), and (iv) above and which are located on lots created prior to the establishment of this Bylaw shall meet the setback requirements determined by the Development Authority.

(e) Minimum Side Yard Requirements:

(i) For internal lots, 7.5 m (24.6 ft)

(ii) For corner lots, the minimum required side yard shall be the same as the minimum required front yard unless otherwise determined by the Development Authority.

(f) The minimum required rear yard shall be 15 m (49.2 ft), or as determined by the Development Authority.

(g) Landscaping Requirements:

Landscaping may be required for permitted and discretionary uses to screen developments from view. Vegetated buffer strips and/or other screening of a visually pleasing nature may be required by the Development Authority.

(h) Confined Feeding Operations and Manure Storage Facilities

Confined feeding operations and manure storage facilities shall meet the requirements of Provincial legislation and regulations.

(i) Other Requirements:

(i) The Development Authority may specify, as a condition of the approval of a development permit, the type of water supply system and/or sewage disposal system to be provided to service a proposed development. Water supply and sewage disposal shall be provided in accordance with the appropriate legislation.

(ii) The Development Authority may decide on such other requirements as are necessary, having due regard to the nature of a proposed development and the purpose of this District.

(iii) The Development Authority may allow a second dwelling unit on a lot in accordance with Section 8.2 of this Bylaw.

(iv) A development permit may be issued for development on crown land subject to a disposition (lease, license, disposition leading to a patent) being obtained from the Province of Alberta.

(v) All applications for subdivision and development must comply with any adopted area structure plan affecting the subject lands.

9.2 A - AGRICULTURAL DISTRICT