land use bylaw - Village of Hines Creek

Transcription

LAND USE
BYLAW
Bylaw No. 546-11
ADOPTED
AUGUST 28, 2012
Prepared by the:
Mackenzie Municipal Services Agency
VILLAGE OF HINES CREEK
LAND USE BYLAW
NO. 546-11
Adoption Date: August 28, 2012
TABLE OF CONTENTS
SECTION 1
1.1
1.2
1.3
1.4
1.5
SECTION 2
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
AMENDMENTS .............................................................................................. 50
Amendment Procedure ................................................................................................................ 50
Public Notice and Hearing........................................................................................................... 50
Village Council Decision ............................................................................................................ 51
Re-Application ............................................................................................................................ 51
SECTION 6
6.1
6.2
6.3
6.4
DEVELOPMENT PERMITS................................................................................ 41
Development Requiring a Permit ................................................................................................ 41
Development Not Requiring a Development Permit ................................................................... 41
Application for a Development Permit........................................................................................ 43
Environmental Audits.................................................................................................................. 46
Environmental Impact Assessment ............................................................................................. 47
Subdivision Standards ................................................................................................................. 49
Appeal Procedure ........................................................................................................................ 49
SECTION 5
5.1
5.2
5.3
5.4
ISSUANCE OF DEVELOPMENT PERMITS, NOTICES, AND ENFORCEMENT .......... 36
Development Permit Notification................................................................................................ 36
Conditions of a Development Permit .......................................................................................... 37
Compliance Certificates .............................................................................................................. 38
Contravention .............................................................................................................................. 39
SECTION 4
4.1
4.2
4.3
4.4
4.5
4.6
4.7
ADMINISTRATIVE AGENCIES .......................................................................... 32
Interpretation ............................................................................................................................... 32
Development Authority ............................................................................................................... 32
Development Officer ................................................................................................................... 32
Duties and Responsibilities of the Development Officer ............................................................ 32
Municipal Planning Commission ................................................................................................ 34
Subdivision and Development Appeal Board ............................................................................. 34
The Mackenzie Municipal Services Agency ............................................................................... 34
Development Permit: Payment of Taxes ..................................................................................... 35
Forms and Notices ....................................................................................................................... 35
SECTION 3
3.1
3.2
3.3
3.4
GENERAL ......................................................................................................... 1
Village of Hines Creek Land Use Bylaw No. 546-11 ................................................................... 1
Purpose .......................................................................................................................................... 1
Application of Bylaw .................................................................................................................... 2
Conformity with Bylaw ................................................................................................................. 2
Definitions ..................................................................................................................................... 2
GENERAL LAND USE PROVISIONS ................................................................... 52
Accessory Buildings .................................................................................................................... 52
Site Dimensions ........................................................................................................................... 53
Site Coverage .............................................................................................................................. 53
Front, Side and Rear Yard Setbacks ............................................................................................ 53
Hines Creek Land Use Bylaw
Land Use Bylaw 546-11
Page i
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
6.18
6.19
6.20
Projections into Yards ................................................................................................................. 54
Restrictions on Corner Sites ........................................................................................................ 54
Height of Buildings ..................................................................................................................... 55
Illumination ................................................................................................................................. 55
Industrial Standards ..................................................................................................................... 55
Landscaping and Screening ......................................................................................................... 56
Objects Prohibited or Restricted in Districts ............................................................................... 56
Required Parking Space .............................................................................................................. 57
Parking Variance Provisions ....................................................................................................... 58
Design and Dimensions of Required Parking Space ................................................................... 59
Relocated and Moved-In Buildings ............................................................................................. 61
Sign Control ................................................................................................................................ 63
Entrances and Exits ..................................................................................................................... 65
Dwelling Units Permitted on a Lot .............................................................................................. 65
Fences in Residential Districts .................................................................................................... 66
On-Site Demolition ..................................................................................................................... 66
SECTION 7
7.1
7.2
7.3
7.4
7.5
7.6
7.7
7.8
7.9
7.10
7.11
SECTION 8
8.1
8.2
8.3
ESTABLISHMENT OF DISTRICTS ...................................................................... 75
District Classification .................................................................................................................. 75
District Symbols .......................................................................................................................... 75
District Map ................................................................................................................................. 75
SECTION 9
9.1
9.2
9.3
9.4
9.5
9.6
SPECIAL LAND USE PROVISIONS ..................................................................... 68
Home Occupation ........................................................................................................................ 68
Car/Truck Cleaning Establishments ............................................................................................ 69
Place of Worship ......................................................................................................................... 70
Drive-In Restaurants and Drive-Through Facilities .................................................................... 70
Mobile Homes (Manufactured Homes) ....................................................................................... 71
Modular Homes ........................................................................................................................... 71
Service Stations and Gas Bars ..................................................................................................... 71
Satellite Dishes and Antennas ..................................................................................................... 72
Garden Suites .............................................................................................................................. 73
Child Care Facilities .................................................................................................................... 73
Bed And Breakfast Accommodation ........................................................................................... 74
RESIDENTIAL DISTRICT (R) .............................................................................. 76
Purpose ........................................................................................................................................ 76
Permitted and Discretionary Uses ............................................................................................... 76
General Requirements ................................................................................................................. 76
Minimum Requirements .............................................................................................................. 76
Maximum Limits ......................................................................................................................... 78
Additional Requirements ............................................................................................................. 78
SECTION 10 RESIDENTIAL DISTRICT 2 (R2) ......................................................................... 80
10.1
10.2
10.3
10.4
10.5
Purpose ........................................................................................................................................ 80
Maximum Limits ......................................................................................................................... 82
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10.6
SECTION 11 COMMERCIAL DISTRICT (C) ............................................................................ 84
11.1
11.2
11.3
11.4
11.5
11.6
Purpose ........................................................................................................................................ 84
Maximum Limits ......................................................................................................................... 85
SECTION 12 INDUSTRIAL DISTRICT (M) .............................................................................. 87
12.1
12.2
12.3
12.4
12.5
12.6
Purpose ........................................................................................................................................ 87
Maximum Limits ......................................................................................................................... 88
SECTION 13 INSTITUTIONAL DISTRICT (I) ........................................................................... 89
13.1
13.2
13.3
13.4
13.5
13.6
Purpose ........................................................................................................................................ 89
Maximum Limits ......................................................................................................................... 90
SECTION 14 AGRICULTURAL-URBAN RESERVE DISTRICT (A-UR) ......................................... 91
14.1
14.2
14.3
14.4
14.5
Purpose ........................................................................................................................................ 91
SECTION 15 ADOPTION ..................................................................................................... 93
15.1
15.2
Repeal of Existing Bylaw ............................................................................................................ 93
Effective Date .............................................................................................................................. 93
SCHEDULE “A”
FORMS AND NOTICES ........................................................................ 95
SCHEDULE “B”
BYLAW AMENDMENTS ..................................................................... 96
SCHEDULE “C”
LAND USE BYLAW DISTRICTS MAP ..................................................... 98
Page iii
THE VILLAGE OF HINES CREEK
LAND USE BYLAW
BYLAW NO. 546-11
A Bylaw to Adopt a Land Use Bylaw
The Council of the Village of Hines Creek, hereby enacts the Village of Hines
Creek Land Use Bylaw in accordance with the Municipal Government Act, R.S.A.
2000, C.M-26.
The Municipal Council deems it desirable to replace Land Use Bylaw No. 482 with
a revised Bylaw.
The Municipal Council of the Village Of Hines Creek hereby enacts as follows:
SECTION 1
1.1
GENERAL
Village of Hines Creek Land Use Bylaw No. 546-11
This Bylaw shall be known as the “Village of Hines Creek Land Use Bylaw”.
1.2
Purpose
The purpose of this Bylaw is to regulate and control the use and development of
land and buildings within the Village of Hines Creek, to achieve orderly, planned
development of land, including:
(1)
The division of the Village into land use districts;
(2)
The establishment and description of each land use district, and the
purposes for which the development of land and buildings may be used
and regulated;
(3)
The procedural framework for decision making on subdivision referrals,
stop orders, land use bylaw amendments and applications for development
permits including the issuance of development permits;
(4)
To establish the office of one or more Development Officers;
Page 1
(5)
To establish the purpose for each land use district; and
(6)
To provide a method of notice to those individuals directly affected by the
issuance of a Development Permit.
1.3
Application of Bylaw
The provisions of this Bylaw apply to all land use districts and buildings within the
corporate boundaries of the Village of Hines Creek.
1.4
Conformity with Bylaw
No person shall commence any development unless it is in accordance with the
terms and conditions of a Development Permit issued pursuant to this Bylaw.
1.5
Definitions
In this Bylaw, and any amendments thereto, the definitions and interpretation
set out in the following sub-sections shall apply.
A
“ACCESSORY BUILDING or STRUCTURE” when used to describe a use, building or
structure, means a detached building or structure on the same lot as the main
building, the use of which, in the opinion of the Development Authority is
accessory, incidental, and subordinate to the main building or use, and includes
a detached garage, detached deck, gazebo, private greenhouse, dock,
boathouse, above-ground and in-ground swimming pool, and satellite dish
greater than 1.2 metres (3.94 ft.) in circumference. The accessory building or
structure shall not be used for overnight habitation.
“ACCESSORY USE” means a use which is separate from and subordinate to the
principal use and/or building, and is located on the same parcel of land.
“ADJACENT LAND” means land or a portion of land that shares a common
boundary with a parcel of land that is subject to a Development Permit
application and/or subdivision application and includes land that would be
adjacent if not for a public roadway, railway, utility right of way, river, stream or
reserve land.
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“APARTMENT BUILDING” means a development comprised of three or more
separate dwelling units, having a shared entrance. Dwellings are arranged in
any horizontal or vertical configuration, and do not conform to the definition of
any other residential use.
“AUTO BODY AND PAINT SHOP” means an establishment for the repair or
painting of motor vehicle bodies but does not include facilities for the sale of
gasoline or lubrication oil, or for the repair or maintenance of electrical parts.
B
“BALCONY” means a platform, attached to and projecting from the face of a
building, with or without a supporting structure above the first storey, normally
surrounded by a balustrade or railing and used as an outdoor porch or sundeck,
with access only from within the building.
“BASEMENT” means the portion of a building or structure that is wholly or
partially below grade.
“BOARDING or ROOMING HOUSE” means a building used for gain or profit
(other than a hotel or motel) containing guest rooms for two or more persons
where meals may or may not be served and in which the proprietor may supply
accommodation for his family.
“BUFFER” means an area where development is restricted to a row of trees,
shrubs, fencing, berming or other similar means to provide visual screening and
separation between parcels, sites, roadways or districts.
“BUILDING” means a structure that is, in most cases, permanent in nature,
usually consisting of a roof and walls, for the occupancy of people, animals or
things.
“BUILDING AREA” means the floor area of a building above grade within the
outside surface of exterior walls, and/or including the centerline of fire walls.
“BUILDING HEIGHT” means the vertical distance between grade and the highest
point of a building that is not: a roof stairway entrance, a ventilating fan, a
skylight, a steeple, a chimney, a smoke stack, a firewall, a parapet wall, a
flagpole or similar device not structurally essential to the building.
“BUILDING PERMIT” means a written approval by the appropriate authority
which states that a building conforms to the provisions of the Province of
Alberta Safety Codes Act.
Page 3
“BUILDING SEPARATION” means the minimum distance between two buildings
on adjacent parcels of land.
“BYLAW” means the Village of Hines Creek Land Use Bylaw No. 546-11.
C
“CARETAKER’S RESIDENCE” means a dwelling that is secondary or accessory to
the principal industrial, commercial or recreational use of a lot, located on the
same lot and used for the purpose of providing living accommodation for the
individual who is primarily responsible for the maintenance and security of the
principal use of the lot.
"CARPORT" means a building, designed and used for the storage of not more
than four private motor vehicles, consisting of a roof supported on posts or
columns and not enclosed on more than two sides whether separate from or
attached to the principal building on a site.
“CHILD CARE FACILITY” means a facility licensed by the Province to provide
daytime personal care, supervision and education, but does not include
overnight accommodation. Typical uses include day care centres, play schools,
schools, nursery schools, and other similar uses.
“COMMUNITY CENTRE OR HALL” means a building that is used as a community
meeting or activity place.
“COMPLIANCE CERTIFICATE” means a written confirmation from the municipality
that development on a parcel of land conforms to the municipality's land use
regulations.
“CONDOMINIUM” means a form of property ownership and does not mean a
type of development as a condominium includes an apartment building or any
other multi-unit residential development.
“CONDOMINIUM-TYPE OWNERSHIP” means a form of property ownership that,
in the case of the Village of Hines Creek, means a structure with multiple
residential units including common areas.
Page 4
“CONSTRUCT" means to build, reconstruct, or relocate and without limiting the
generality of the word, also includes:
(a)
any preliminary operation such as excavation, filling or draining of a site;
(b)
altering an existing building or structure by an addition, enlargement,
extension or other structural alteration; and
(c)
any work which requires a Building Permit.
“CONVENIENCE FOOD STORE” means a retail operation that specializes in
convenience type items such as groceries, soft drinks and other similar goods.
“CORNER LOT” means a lot having frontage on two or more intersecting roads,
but excluding lots that abut an alley or lane.
“CORNER SIGHT LINE TRIANGLE OR SIGHT TRIANGLE” means the triangle formed
by extending a straight line between two points on the exterior boundaries of
the site 6.1 m. (20 ft.) from the point where they intersect.
“COUNCIL” means the Council of the Village of Hines Creek.
“CURB CUTTING” means the cutting or lowering of a curb, sidewalk or boulevard
for vehicular and pedestrian access to a site.
Page 5
Page 6
D
“DECK” means a recreational raised platform and/or an area that is constructed
and attached to the principal building on a site. A deck can be at ground level
or elevated, and may be an open or closed design.
“DEVELOPER” means a person having interest and applying for development of
land.
“DEVELOPMENT” means:
(a)
an excavation or stockpile and the creation of either of them, or
(b)
a building or an addition; or replacement or repair of a building, and the
construction or placing of any structure 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 the
intensity of use of the land or building.
“DEVELOPMENT APPEAL BOARD” means a Development Appeal Board
established pursuant to the Municipal Government Act and by Council through
the adoption of a bylaw.
“DEVELOPMENT AUTHORITY” means one or more of the following:
(a)
Development Officer; or
(b)
the Municipal Planning Commission; or a combination of both
(c)
any other person appointed by resolution or bylaw for Council pursuant
to the provision of this bylaw.
“DEVELOPMENT OFFICER” means the person appointed by a resolution of
Council to perform the duties of a Development Officer pursuant to the
Municipal Government Act and this Bylaw, as amended from time to time.
“DEVELOPMENT PERMIT” means a document or certificate issued by the
municipality authorizing, with or without conditions, a development pursuant
to this Land Use Bylaw.
“DEVELOPMENT, TEMPORARY” means a development for which a Development
Permit has been issued for a limited time only.
Page 7
“DIRECTIONAL SIGN” means a sign indicating the business name of a
development and showing the direction and distance to the development.
“DISCRETIONARY USE” means the use of land or building which is listed in the
column captioned "Discretionary Uses" in a “Table of Uses” for certain districts
in this Bylaw, and for which, subject to the provisions of this Bylaw, a
Development Permit may be issued at the discretion of the Development
Authority.
“DISTRICT” means an area of land classified on the Land Use District Map in this
Bylaw.
“DRIVE-IN RESTAURANT or DRIVE THROUGH FACILITY” means a business
offering food for sale to the public and designed on the basis that consumption
will take place either within a motor vehicle parked in a permitted parking
space on the site, within a building located on the site or at another location.
“DRIVEWAY” means a private road that provides vehicle access from an
individual lot or site to a public road.
“DWELLING GROUP” means three or more dwelling units located on a site or a
number of adjoining sites where all buildings, recreational areas, vehicular
areas, landscaping and all other features have been planned as an integrated
development and where each dwelling unit has a separate principal entrance
accessible directly from ground level.
“DWELLING UNIT” means self-contained, enclosed building or part of a building
used for human habitation, it includes:
(a)
Apartment, which means a development consisting of three or more
separate dwelling units combined within a building in which the dwelling
units are arranged in a horizontal or vertical configuration and share a
common internal access.
(b)
Attached, which means a single building, which contains two or more
separate living quarters, each of which contains the rooms and amenities
included in a detached single detached dwelling.
(c)
Duplex, which means a building containing two dwelling units, one above
the other or side by side, each of which has an independent entrance
either directly from outside the building or through a common vestibule.
Page 8
(d)
Four-plex, which means a complex of four dwelling units under one roof
and sharing either one or two common walls.
(e)
Semi-detached, which means a building that is divided vertically into two
dwelling units side by side and separated from each other by a common
wall extending from foundation to roof, having separate entrances and
not attached to any other residential building.
(f)
Single Detached, which means a building containing only one dwelling
unit and occupied by not more than one family.
Page 9
Page 10
E
“ENVIRONMENTAL AUDIT” means a comprehensive site analysis to determine:
(a)
if there are any hazardous substances above, on, or below the surface of
the subject property that may pose a threat to the environment;
(b)
if there are any breaches of Federal, Provincial or Municipal district
environmental standards;
(c)
the level of risk that a contaminated site poses to the environment
and/or human health; and
(d)
the necessary remedial actions that may be required to reduce the level
of risk posed by a contaminated site to an acceptable level.
“ENVIRONMENTAL IMPACT ASSESSMENT” means a comprehensive site analysis
which is placed into an Environmental Impact Assessment Report, to
determine:
(a)
the potential environmental impact of the proposed development on a
site;
(b)
the potential environmental impact of the proposed development upon
adjacent properties or land uses; and
(c)
the potential environmental impact of the proposed development upon
the future land use potential of the property.
“ENVIRONMENTAL IMPACT ASSESSMENT REPORT” means a written document
containing the result of an Environmental Impact Assessment.
“ENVIRONMENTAL RESERVE” means the land designated as environmental
reserve by a subdivision authority or municipality under Division 8 of the
Municipal Government Act.
“ENVIRONMENTAL RESERVE EASEMENT” means an easement created under
Part 17, Division 8, of the Municipal Government Act as amended, from time to
time.
Page 11
“ENVIRONMENTALLY SENSITIVE AREA” means:
(a)
significant ravines, valleys, streams, corridors, lakeshores, swamps,
wetlands or any other unique landscape area;
(b)
areas prone to flooding, steep slopes, erosion by wind, water and ice,
landslides, or subsidence;
(c)
aquifers, reservoirs, canals, lagoons, ditches and similar natural or
manmade features that require environmental protection.
“ERCB” means the Energy Resources Conservation Board.
“EXISTING RESIDENTIAL USE” means the use of a building for residential
purposes before the date of the adoption of this Bylaw. A residential use
lawfully under construction prior to the date of adoption of this bylaw is
considered an existing residential use.
F
“FARM BUILDING” means improvements used in connection with the raising or
production of crops, livestock or poultry and situated on land used in
conjunction with such farming operations
“FENCE” means a vertical physical barrier constructed out of building materials
such as wood and metal, used for purposes of containment, to prevent
unauthorized access or to serve as a visual screen.
“FINANCIAL INSTITUTION” means a building that is primarily for the banking or
lending of money and other related services. It includes a trust company,
chartered bank or credit union.
“FIRE HALL” means a facility in which fire trucks and equipment are located, and
firefighting personnel may be accommodated.
“FLOOR AREA” means the gross floor areas of all rooms in a building, including
all corridors and common areas, but does not include the floor areas of
basements, attached garages, sheds, open porches or breezeways.
Page 12
Page 13
“FOREST-BASED INDUSTRY” means an industrial operation that manufactures or
produces forest products and generally includes lumber re-manufacturing
facilities, oriented strand board plants, pulp mills and saw mills.
“FRONT YARD” means a yard extending across the full width of a lot from the
front line of the lot to the front wall of the principal building situated on the
lot.
“FULLY SERVICED” means a lot that includes municipal services, developed to
provincial standards, which contains water, sewer, road access and utilities
such as power and gas.
G
“GARAGE” means an accessory building or portion of a main building used in
conjunction with a dwelling primarily for the private parking or storage of
motor vehicles for personal transportation.
“GARDEN SUITE” means an accessory building unit that is located in the rear
yard of a single detached dwelling and is used to accommodate persons who
are in need of personal care by persons residing in the primary residence.
“GAS BAR” means premises used or intended to be used for the sale of gasoline,
lubricating oils and associated petroleum products and may include the sale of
automotive parts, a car wash, towing service or a retail food store.
“GRADE” means the elevation of finished ground surface, excluding an artificial
embankment, at any point immediately adjacent to the building.
“GROCERY STORE” means the use of a building for the sale of food and
convenience goods.
“GROUND FLOOR AREA” means the area occupied at grade by the outside
perimeter of a building.
“GROUP HOME” means a facility which provides special care for individuals that
are handicapped, aged, disabled, or in need of adult supervision in accordance
with their individual needs, and are licensed, if necessary by the Provincial
authority having jurisdiction over the group home’s activities.
Page 14
H
“HARD-SURFACE” means a durable, all weather surface constructed of concrete,
asphalt or other similar materials.
“HIGHWAY ROAD” means:
(a)
land used or surveyed for use as a public highway or road; and
(b)
includes a bridge forming part of a public highway or road and any
structure incidental to the public highway or road or bridge.
“HOME OCCUPATION and/or HOME-BASED BUSINESS” is an activity conducted
for gain or profit within a dwelling unit as a secondary use of that principal
residential dwelling.
“HOTEL” means a building designed for the accommodation of the travelling or
vacationing public containing guest rooms served by a common entrance as
well as a general kitchen and dining or other public rooms.
I
“IDENTIFICATION SIGN” means a sign indicating the name of a business or the
type of development at the site of the development.
“INDOOR RECREATION SERVICE” means a business operation and accessory
facilities, used by paying clients for sports or recreation within an enclosed
building, such as an athletic club, health and fitness club, skating or hockey
rink, swimming pool, bowling alley and racquet courts but shall exclude an
adult entertainment facility, pool hall, bingo hall or casino.
“INDUSTRIAL GENERAL” means a development used for one or more of the
following activities:
(a)
the processing of raw materials;
(b)
the manufacturing or assembling or semi-finished or finished goods,
products or equipment;
(c)
the cleaning, servicing, repairing or testing of materials, goods and
equipment normally associated with industrial or commercial businesses
or cleaning, servicing and repairing of goods and equipment associated
with personal or household use, where such operations have impacts
that would make them incompatible in non-industrial districts;
Page 15
(d)
the storage or trans-shipping of materials, goods and equipment;
(e)
the distribution and sale of materials, goods and equipment, to
institutions or industrial and commercial businesses for their direct use or
to general retail stores or other facilities for resale to individual
consumers; or
(f)
the training of personnel in general industrial operations.
“INDUSTRIAL PLANT” means a plant that is used to produce or manufacture
goods or services through an industrial process.
“INSTRUMENT” means a plan of subdivision as an instrument as defined in the
Land Titles Act.
“INTER-MUNICIPAL SERVICE AGENCY” means an inter-municipal service agency
established under Part 17, Division 3 of the Municipal Government Act.
“INTERNAL SUBDIVISION ROAD” means a public roadway, excluding a highway,
constructed for the purpose of providing access and traffic circulation within a
commercial, industrial, intensive agricultural or residential development or a
hamlet.
L
“LANDSCAPING” means the modification and enhancement of a site through
the use of any or all of the following elements:
(a)
Soft landscaping consisting of vegetation such as trees, shrubs, hedges,
grass and ground cover.
(b)
Hard landscaping consisting of non-vegetative materials such as brick,
stone, concrete, tile and wood, but excluding monolithic concrete and
asphalt.
“LAND USE BYLAW” means a bylaw made under Part 17, Division 5 of the
Municipal Government Act and a bylaw under Section 27 of the Historical
Resources Act.
“LAND USE DISTRICT” means a zoning district described in the text of this Bylaw
and delineated on one or more Land Use District Schedules, in which only
certain land uses may be allowed as either permitted or discretionary uses and
in which specific requirements must be satisfied before development may
proceed.
Page 16
“LAND USE POLICIES” means policies established by the Lieutenant Governor in
Council under Part 17, Division 2 of the Municipal Government Act.
“LANE” means a public right-of-way, which provides a secondary means of
access to a parcel of land and which is registered in the Land Titles Office in the
Province of Alberta.
“LICENSED PREMISE” means a building that is licensed by the Alberta Gaming
and Liquor Commission to serve alcoholic beverages and products.
“LIQUOR STORE” means a retail outlet for the sale of alcoholic beverages
including beer, wine, spirits, or other provincially approved alcoholic products.
“LIVESTOCK” means poultry, bees, donkeys, mules, oxen, birds, horses, cattle,
sheep, swine, goats, bison, specialty livestock, and/or fur bearing animals
raised in captivity, sheep, elk, deer, wild boar, turkeys, ducks, geese, and game
production animals within the meaning of the Livestock Industry Diversification
Act.
“LOADING SPACE” means a space for parking a commercial vehicle while being
loaded or unloaded.
“LOT” means:
(a)
a quarter section;
(b)
a river lot or settlement 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 where the boundaries of the part are separately
described in a certificate of title other than by reference to a legal
subdivision; or
(d)
a part of a parcel where the boundaries of the part are described in a
certificate of title by reference to a plan of subdivision.
“LOT CORNER” see Corner Lot
“LOT COVERAGE” means that percentage of the area of any lot which is covered
by all buildings on the lot excluding balconies, canopies and the like.
“LOT DEPTH” means the length of a straight line joining the middle of the front
lot line with the middle of the rear lot line.
"LOT LINE" means a legally defined limit of any lot.
Page 17
“LOT LINE, FRONT” means the boundary dividing the lot from an abutting street.
In the case of a corner lot the owner of the site may select one of the street
boundaries as the front.
“LOT LINE, REAR” means the lot line of a lot which is directly opposite to the
front lot line.
"LOT LINE, SIDE" means any lot line other than a front or rear lot line.
“LOT LINE, THROUGH” means any lot other than a corner lot having access on
two abutting streets. For setback purposes the lot frontage is the line which
provides the principal means of access.
“LOT LINE, ZERO” means a form of residential development in which buildings
are permitted to be located on one or more lot lines with no yard between the
buildings and the lot line.
“LOT WIDTH” means the horizontal measurement between the side lot lines
measured at a point 15.2 m. (50 ft.) perpendicularly distant from the front lot
line.
“LUMBER YARD” means a retail outlet used for the storage and selling of wood
related products.
M
“MAIN BUILDING” means a building where the main or principal use of the site
is conducted.
“MANSE” means a dwelling for a religious official(s) authorized to conduct
religious services at a place of worship.
“MANUFACTURED HOME” see Mobile Home
“MINIMUM STANDARDS” means minimum regulations regarding parcel or lot
area, floor area, yard setbacks, landscaping, design, character and appearance
of a building in relation to the development of land and/or buildings as
stipulated in the Land Use Bylaw. The Development Authority may vary these
standards at their discretion.
Page 18
“MOBILE HOME” means a transportable, single or multiple (double) section,
single detached dwelling built and assembled in a factory. It is ready for
occupancy upon completion of onsite installation in accordance with required
factory-recommended installation instructions and is intended for nontransient use.
“MOBILE HOME PAD” means that portion on an individual mobile home park lot
within a mobile home park which has been reserved for the placement of the
mobile home, accessory structure or additions.
“MOBILE HOME PARK” means a parcel designed, developed, operated and
maintained to provide sites and facilities for the placement and occupancy of
mobile homes on a long term basis.
“MOBILE HOME PARK LOT” means a leasable or rentable parcel of land within a
mobile home park which has been reserved for the placement of a mobile
home.
“MOBILE HOME SUBDIVISION” means a mobile home development registered
as a subdivision under freehold tenure.
“MODULAR BUILDING” means finished section(s) of a complete building built in
a factory for transport to the site for installation. For the purpose of this
Bylaw, modular construction includes single or multiple dwellings, which
include singular, semi-detached, duplexes, row-housing and apartments; but
not a mobile home. Modular construction can also include commercial,
industrial and institutional buildings.
“MOTEL” means a building or group of buildings designed for the
accommodation of the travelling or vacationing public containing guest rooms,
each of which has a separate entrance directly from outside the building.
“MOVED-IN BUILDING” means any building moved-in or relocated from
jurisdictions outside or within the corporate boundary of the municipality to a
parcel within the municipality.
“MOVED-IN DWELLING” see Moved-in Building
“MUNICIPAL GOVERNMENT ACT” (MGA) means the Municipal Government Act,
R.S.A. 2000. C.M-26, as amended.
“MUNICIPAL RESERVE and SCHOOL RESERVE” means the land designated as
municipal reserve under Division 8 of the Municipal Government Act.
Page 19
“MUNICIPAL ROAD” means a public roadway, an internal subdivision road or a
rural road, subject to the direction, control and management by the
Municipality.
“MUNICIPAL UTILITY FACILITY” means a lot, building or structure, or portion
thereof, used by the municipality or a public authority for the provision of
public utility services, including water or wastewater pumping station,
municipal transportation depot/yard and road maintenance equipment yard.
“MUNICIPALITY” means the Village of Hines Creek.
N
“NATURAL RESOURCES EXTRACTION” means the extraction of natural resources
such as timber, clay, sand and gravel, limestone, shale, coal, and other
minerals including petroleum and natural gas and which may include bringing
these together with power or water.
“NON-CONFORMING BUILDING” means a building:
(a)
that is lawfully constructed or lawfully under construction at the date this
land use bylaw or any amendment thereof affecting the building or land
on which the building is situated becomes effective; and
(b)
that on the date this land use bylaw or any amendment thereof becomes
effective does not, when constructed, comply with this land use bylaw.
“NON-CONFORMING USE” means a lawful specific use:
(a)
being made of land or a building or intended to be made of a building
lawfully under construction at the date this land use bylaw or any
amendment thereof affecting the land or building becomes effective; and
(b)
that on the date this land use bylaw or any amendment thereof becomes
effective does not comply with this land use bylaw.
“NON-TRANSIENT USE” means the continuous lease contract or rental
agreement of space including a lot, building or structure on a specified
property.
Page 20
O
“OFFICE” means a facility providing for the administration of business or
government, or the provision of professional services.
“OFFICIAL” means:
(a)
a municipal commissioner, manager, secretary, comptroller, engineer and
any other official appointed by resolution or by bylaw of the Council; and
(b)
the holder of any other position or office designated as such by Council.
“OUTLINE PLAN” means a non-statutory plan prepared and adopted by
resolution of Council for the purpose of providing a framework for subsequent
subdivision and development of an area of land in a municipality, and may
contain any and all of the requirements of an Area Structure Plan, as outlined
in Part 17, Division 4 of the Municipal Government Act.
P
“PARCEL” means the aggregate of the one of more areas of land described in a
certificate of title or described in a certificate of title by reference to a plan
filed or registered in a land titles office.
“PARK AND PLAYGROUND” means an area of land used for recreation purposes,
usually including facilities such as picnic benches, slides, swings and other
playground type equipment and built in accordance with the Alberta Safety
Codes Act.
“PARKING AREA” means a portion of land or of a building set aside for the
parking and manoeuvring of motor vehicles, which is accessible to a public
thoroughfare and which may include a parking structure.
“PARKING LOT” means an area of land providing for the parking of motor
vehicles.
“PARKING SPACE” means a space within a building or a private or public parking
area, exclusive of driveway, ramps and columns for the parking of one vehicle.
“PARKING STALL” means that portion of a parking lot that accommodates a
parked vehicle.
Page 21
“PATIO” means a paved outdoor area adjoining a residential or commercial use
that may include outdoor furniture such as benches, tables and chairs.
“PERMANENT FOUNDATION” means a structure constructed or erected with a
fixed location on the ground, or attached to something having a fixed location
on the ground, with a foundational system or arrangement composed of but
not limited to: footing, raft, or pile, and may include walls, light standards,
fences and signs, and which renders the structure fixed and immovable but
does not include grain bins.
“PERMITTED USE” means the use of land or of a building in a specific district as
a permitted use for which a Development Permit shall be issued upon
application having been made, subject to compliance with other requirements
of law and this Bylaw.
“PLACE OF WORSHIP” means a development including any meeting halls used
for spiritual worship and related religious activities. It may include a minister’s
residence, manse, parsonage or rectory; provided it is accessory to the
principal use. It also means church or religious assembly.
“PLAN OF SUBDIVISION” means a plan survey prepared in accordance with the
Land Titles Act for the purpose of effecting a subdivision.
“PORTABLE GARAGE” means a non-permanent structure designed by virtue of
easy assembly and dismantling, commercially constructed of metal or synthetic
tube and fabric, plastic or similar materials, and covered with waterproof
sheeting, synthetic sheeting or plastic film, which shall meet all the
requirements of the Alberta Safety Codes.
“PRINCIPAL BUILDING OR USE” means the main purpose for which, in the
opinion of the Development Authority, a building or site is ordinarily used.
“PROFESSIONAL OFFICE” means a building that has within it an office or offices
that are used to accommodate a professional service, more specifically as
identified by a governing statute of the Province of Alberta, e.g. doctor,
dentist, or accountant.
“PROFESSIONAL SERVICE” means a development used to provide professional
services, but does not include a health service or a government service. Typical
uses are offices providing accounting, architectural, employment, engineering,
insurance, investment, legal, planning, real estate and travel agent services.
Page 22
“PUBLIC SERVICES” means the use of buildings or structures and other related
works necessary for supplying water, gas, electricity, sewage collection,
treatment facilities and other services provided by a public authority.
“PUBLIC USE or CIVIC USE” means the use of any lot, building, structure or a
portion thereof for public use and shall include public parks, community or
recreation centres, cemeteries, fire halls, police stations, ambulance stations,
government offices, public works yards, public libraries, including building and
facilities accessory thereto; but does not apply to essential infrastructure such
as the provision of waterlines, sewer lines, road or utility lines provided by
agencies such as gas, hydro, cable or telephone companies, and does not
include schools.
“PUBLIC UTILITY” means any municipal revenue earning or utility used to
provide one or more of the following for public consumption, benefit,
convenience or use:
(a)
water or steam;
(b)
sewage disposal;
(c)
public transportation operated on behalf of the municipality;
(d)
irrigation;
(e)
drainage;
(f)
fuel;
(g)
electric power;
(h)
heat;
(i)
waste management;
(j)
telecommunications
and the services or commodity supplied by any public utility.
“PUBLIC UTILITY BUILDING” means a building, structure or parcel used for
public services by the municipality in which the proprietor of the public utility
maintains its office or offices and/or maintains or houses any equipment used
in connection with the public utility.
“PUBLIC UTILITY LOT” means land required to be given under Division 8 for
public utilities.
“PULP MILL” means a forestry-related industry whereby forest products are
used as production inputs for the manufacture of pulp and paper.
Page 23
R
“RECREATION AREA OUTDOOR” means a development providing facilities that
are available to the public for sports and active recreation conducted outdoors.
Typical uses may include campsites, golf courses, driving ranges, walking trails,
ski hills, ski jumps, sports fields, outdoor swimming pools and outdoor tennis
courts.
“RECREATIONAL VEHICLE” means a vehicle intended as temporary
accommodation for travel, vacation or recreational use. Such vehicles may
include motor home, fold-down camping trailer, truck camper or fifth wheel
travel trailer. Conventional or converted mobile homes are not recreation
vehicles.
“REDEVELOPMENT AREA” means an area of land that is the subject of an area
redevelopment plan.
“REGISTERED OWNER” means:
(a)
In the case of land owned by the Crown in right of Alberta or the Crown
in right of Canada, the Minister of the Crown having the administration of
the land; or
(b)
In the case of any other land;
i. a registered owner means a person through the registration of land
titles is entitled to any freehold or other estate or interest in land.
ii. in the absence of a person described in Sub-section (b)(i), the person
registered under the Land Titles Act as owner of the fee simple
estate in the land.
“REGISTRAR” means Registrar as defined in the Land Titles Act.
“RELOCATE BUILDING” means those buildings that have been relocated from
one lot to another.
“REPAIR SHOP” means a building that is used to repair various goods and
appliances on a commercial basis.
“RESERVE LAND” means environmental reserve, municipal reserve, school
reserve or municipal and school reserve.
“RESIDENT” means a person who permanently resides in Hines Creek and
normally eats and sleeps within the dwelling unit and when absent intends to
return.
Page 24
“RESIDENTIAL SUBDIVISION” means a development registered as a subdivision
under freehold tenure for non-transient use, with the municipality responsible
for maintaining services. Housing forms can include single, semi-detached,
row, townhouse, duplex, triplex, four-plex, apartments and mobiles.
“RESTAURANT” means the use of a building as a public eating place and may
include a licensed dining lounge and other associated facilities.
“RETAIL COMMERCIAL ESTABLISHMENT” means the use of a building for the
purpose of selling goods to consumers and may include, but is not limited to,
the following: clothing store, department store, rental shop, video store.
“ROAD” means:
(a)
land used or surveyed for use as a road; and
(b)
a bridge forming part of a road and any structure incidental to the road
or bridge.
“ROAD USE AGREEMENT” means an agreement between the Village of Hines
Creek and a road user that outlines the terms and conditions of road usage by
the user to support the operation of the proposed development. This
agreement may include, but is not limited to, road restrictions, road
development cost, maintenance cost, or damage cost recovery measures.
“ROW DWELLING” means one of three or more dwelling units constructed in a
row and divided vertically, and each of which has a separate front and rear
entrance.
“RUNOFF” means natural drainage of water away from an area including
precipitation that flows overland before entering a defined stream channel.
S
“SATELLITE DISH OR ANTENNAE” means a combination of the following:
(a)
an antenna or dish antenna whose purpose is to receive communication
or other signals from orbiting satellites;
(b)
a low noise amplifier which is situated at the focal point of the receiving
component and whose purpose is to magnify and transfer signals; and/or
(c)
a coaxial cable whose purpose is to carry the signals into the interior of
the building.
Page 25
“SCHOOL” means a publicly or privately supported or subsidized development
used for education and includes its administrative offices.
Typical
developments are elementary and secondary schools, but do not include
commercial schools.
“SCHOOL AUTHORITY” means the board of trustees of a school district, school
division or regional division.
“SCHOOL RESERVE” means the land designated as school reserve under Part 17,
Division 8 of the Municipal Government Act.
“SCREENING” means a fence, berm or hedge used to visually separate areas or
functions, which in the opinion of the Development Authority, detract from the
street or neighbouring land uses.
“SECONDARY SUITE” means a second self-contained dwelling unit that is
located within a dwelling unit either above or below grade level. Further, a
secondary suite shall also constitute a proposed dwelling unit situated above a
garage. Secondary suites shall meet the standards of Alberta Building Code.
“SERVICE STATION” means any building, land area or other premises used for
the retail dispensing or sales of vehicular fuels; and including as an accessory
use the sale and installation of lubricants, tires, batteries and other similar
accessories. It may also include an enclosed restaurant facility or convenience
store facility as a secondary use to the principal fuel sale use.
“SETBACK” means the distance that a development or a specified portion of it,
must be set back from a property line. A setback is not a yard, amenity space,
or separation space.
“SEWAGE LAGOON” means the use of land for the purpose of collecting sewage.
“SEWAGE TREATMENT PLANT” means a facility that includes man-made devices
for the collection, treatment and disposal of sewage.
“SIGNS” means anything that serves to indicate the presence or the existence of
something, including but not limited to a lettered board, a structure, or a
trademark displayed, erected or otherwise developed and used or serving or
intended to serve to identify, to advertise, or to give direction.
“SIGN (ADVERTISING)” means a sign which refers only to goods or services
produced, offered for sale or obtainable at the premises on which the sign is
displayed.
Page 26
“SIGN (CANOPY)” means all temporary or permanent roof-like projections which
extend horizontally at right angles to the building walls and includes marquees,
awnings and the like.
“SIGN (DIRECTIONAL)” means a sign which contains no advertising, but is
limited to the distance and direction to a place of business or other premises
indicated on the sign.
“SIGN (FREESTANDING)” means every sign supported independently of a
building, wall or structure. It is supported by one or more columns, uprights,
or braces in or upon grade and includes ground mounted signs, portable signs
and the like.
“SIGN (MANSARD ROOF)” means a sign extending from a mansard roof. It is
vertical and is supported by braces extending from the mansard roof.
“SIGN (PORTABLE)” means a sign mounted on an “A” frame or on a trailer, stand
or similar support and which, together with the support can be relocated to
another location, and may include a copy that can be changed manually
through the use of detachable characters.
“SIGN (WALL)” means a flat sign, plain or illuminated, running parallel for its
whole length to the face of the building to which it is attached and includes
fascia signs and the like.
“SITE” means a parcel, lot or group of lots used for or proposed to be used for
the undertaking of a development.
“STATUTORY PLAN” means an inter-municipal development plan, a municipal
development plan, an area structure plan or an area redevelopment plan,
adopted by a municipality under Part 17, Division 4 of the Municipal
Government Act.
“STORAGE FACILITY” means a facility that is used to store goods, products or
equipment and is usually associated with a commercial and/or an industrial
operation.
“STOREY” means that portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except that the
topmost storey shall be that portion of the building included between the
upper surface of the topmost floor and the ceiling above. If the finished floor
level directly above grade is more than 1.8 metres (6 feet) above such grade
then the portion of the building below finished floor level shall be considered a
storey in calculating building height.
Page 27
“STRUCTURAL ALTERATION (CHANGE)” Means the addition to, deletion from,
or change to any building which modifies any foundation, floor area, exterior
wall and/or roof, and includes any changes in permanent material to those
respective parts of the building.
“SUBDIVISION” means the division of a parcel of land by an instrument and
“subdivide” has a corresponding meaning.
“SUBDIVISION AUTHORITY” means a subdivision authority established under
Part 17, Division 3 of the Municipal Government Act.
“SUBDIVISION AND DEVELOPMENT APPEAL BOARD” means a subdivision and
development appeal board established under Part 17, Division 3 of the
Municipal Government Act.
“SUBDIVISION AND DEVELOPMENT REGULATIONS” means regulations made by
the Lieutenant Governor in Council under Part 17, Division 6 of the Municipal
Government Act.
“SUBSTANTIAL COMPLETION” means that phase of a development where at
least 75% of the development is complete to the Development Authority’s
discretion.
Page 28
T
“TEMPORARY STRUCTURE” means a structure without any permanent
foundation or footings and which is removed when the designated time
period, activity or use for which the temporary structure was erected has
ceased.
“TEMPORARY USE” means a use which occurs for a maximum of three (3)
months from date of development permit approval with the possibility of a
three (3) month extension by the Development Authority.
“TOURIST INFORMATION FACILITY” means a facility where a person travelling
for pleasure may get data or directions about the area.
“TRAIL DEVELOPMENT” means a marked or established path or route on a
linear parcel of land or water, including their associated improvements that
lead to a change in use or intensity of use of land for recreational purposes
only, which normally include, but are not limited to the following uses and/or
combinations of uses: walking trails, skiing trails, horseback trails, snowmobile
trails, quad trails, hiking trails, bicycle trails and wagon trails.
“TRANSIENT USE” means a short term lease contract or rental agreement of
space including a lot, building or structure for the placement of a mobile home
in a mobile park or a recreational vehicle in an RV park.
U, V and W
“UNSIGHTLY CONDITION” means
(a)
in respect of a structure, structure which shows signs of significant
physical deterioration; and
(b)
in respect of land, land that shows signs of a serious disregard for general
maintenance or upkeep.
“VARIANCE” means permission to depart from the literal requirements of a
zoning regulation.
“VILLAGE” means the Village of Hines Creek.
“WATER TREATMENT FACILITY” means a facility for the collection and
treatment of a water supply.
Page 29
Y
“YARD” means a part of a lot upon or over which no building or structure other
than a boundary fence is erected except for specifically permitted accessory
buildings.
“YARD, EXTERIOR SIDE” means a side yard immediately adjoining a street.
“YARD, FRONT” means a yard extending across the full width of a lot and
situated between the front lot line and the nearest portion of the principal
building.
“YARD, INTERIOR SIDE” means a side yard other than an exterior side yard.
“YARD, REAR” means a yard extending across the full width of a lot and situated
between the rear lot line and the nearest portion of the principal building.
“YARD, SIDE” means a yard extending from the front yard to the rear yard and
situated between the side lot line and the nearest part of the principal
building.
“YARD DEPTH, FRONT” means the least horizontal dimension between the front
lot line of the lot and the nearest part of any building or structure.
“YARD DEPTH, REAR” means the least horizontal dimension between the rear
lot line of the lot and the nearest part of the principal building.
“YARD WIDTH, SIDE” means the least horizontal dimension between the side lot
line of the lot and the nearest part of the principal building.
Page 30
Page 31
SECTION 2
ADMINISTRATIVE AGENCIES
2.1
Interpretation
(1)
Any doubt as to the meaning of a word, or the boundaries of a land use
district shown on Schedule “C”, shall be settled by a resolution of Council.
(2)
In accordance with Alberta Lands Titles practice, all areas and distances in
this bylaw are in metric measure. Imperial equivalents are given as a
convenience but may not be exact. In case of conflict, the metric measure
shall govern.
(3)
The words he, him, and his are to be read as she, her, and hers, and the
singular is to be the plural, as the case requires.
(4)
Where the boundary of a lot is also the boundary between two land use
districts, and the lot boundary is then changed through subdivision, the
land use classification follows the new boundary.
2.2
Development Authority
The Development Authority shall be established by a separate bylaw and be
coordinated by the Village of Hines Creek Planning Committee and the
Development Officer on behalf of the Village.
2.3
Development Officer
(1)
The Office of the Development Officer is hereby established.
(2)
The Council shall, by resolution, appoint a person to the office of
Development Officer.
(3)
The Development Officer or any other person acting on behalf of the
Development Officer shall be considered an "authorized person" in
accordance with the MGA.
2.4
Duties and Responsibilities of the Development Officer
(1)
In accordance with the MGA, the Development Officer shall:
(a)
Receive, consider and decide upon applications
Development Permit for “Permitted Uses”;
for
a
Page 32
(b)
Keep and maintain for public inspection during office hours, a
copy of this Bylaw and all amendments and resolutions thereto;
(c)
Ensure that copies of this Bylaw, including all amendments and
resolutions thereto are available to the public at a reasonable
charge; and
(d)
Keep a register of all applications for Development Permits,
including the decisions thereon and the reasons therefor, for a
minimum period of seven (7) years.
(2)
The Development Officer shall approve all applications for a "Permitted
Use" unconditionally if it conforms with the Bylaw or to conditions
necessary to bring the application into conformity with the Bylaw.
(3)
In making a decision on an application for a use listed under the
"Discretionary Uses" column in that District, the Development Officer
may:
(a)
Approve the application unconditionally; or
(b)
Approve the application and attach conditions including, but not
limited to, a developers agreement that may require any or all of
the following:
i.
the construction, operation and maintenance of sewer and
water facilities
ii.
the location of refuse disposal facilities
iii.
access for fire and police protection
iv.
general access and circulation
v.
provision for recreational areas
vi.
landscaping and other aesthetic considerations
vii. building design and site layout
viii. provision for parking facilities
(c)
ix.
public safety
x.
buffering, screening and fencing or any other appropriate
planning condition
Refuse the application.
Page 33
(4)
The Development Officer may decide upon an application for a
Development Permit notwithstanding that the proposed development
does not comply with this Bylaw if, in the opinion of the Development
Officer:
(a)
2.5
The proposed development would not:
i.
unduly affect the amenities, use or enjoyment of the site or
the neighbouring properties; or
ii.
materially interfere with or affect the use, enjoyment or value
of neighbouring properties; and
(b)
The proposed development does not conflict with the use
prescribed for that land or building in this Bylaw.
(c)
Where the Development Officer is required to use their discretion
when granting a variance of prescribed development standards,
he/she may consult with the Village Council Development
Authority prior to granting such variance.
Municipal Planning Commission
The Municipal Planning Commission shall be established by separate bylaw and
perform its duties in accordance to that bylaw and the provision of the MGA.
2.6
Subdivision and Development Appeal Board
The Subdivision and Development Appeal Board shall be established by separate
bylaw and perform its duties in accordance to that bylaw and the provision of
the MGA.
2.7
The Mackenzie Municipal Services Agency
Pursuant to Part 17, Division 3 of the MGA, the Village of Hines Creek has
delegated its subdivision authority to the Mackenzie Municipal Services Agency.
(1)
The Mackenzie Municipal Services Agency may also serve as an advisor to
the Development Authority, Subdivision and Development Appeal Board
and the Council, on all planning and development related matters.
Page 34
2.8
Development Permit: Payment of Taxes
As a condition of development permit approval, the Development Authority
may require the applicant to make the necessary arrangements to ensure that
all property taxes are paid in full at the time of development permit approval to
the satisfaction of the Village.
2.9
Forms and Notices
(1)
For the purpose of administrating the provision of this Bylaw, Council, by
resolution, may authorize the preparation and use of such forms or
notices as in its discretion it may deem necessary. Such forms or notices
contained in Schedule “A” are deemed to have the full force and effect of
this Bylaw in execution of the purpose for which they were designed,
authorized and issued.
(2)
The forms and notices authorized by Council pursuant to this Bylaw may
be posted, issued, served or delivered (in the course of his/her duties) by
the Development Authority or an official of the municipality.
Page 35
SECTION 3
3.1
ISSUANCE OF DEVELOPMENT PERMITS, NOTICES,
AND ENFORCEMENT
Development Permit Notification
(1)
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.
(2)
When an application for a Development Permit is approved for a
permitted use, the Development Authority may mail a notice in writing to
all adjacent landowners stating the location of the property for which the
application has been made and the Development Permit approved.
(3)
In the case of a permit issued for a permitted use where the provisions of
the Bylaw have not been relaxed or varied, the Development Authority is
not required to notify adjacent or affected land owners.
(4)
When an application for a Development Permit is approved for a
discretionary use, the Development Authority shall:
(a)
Immediately mail a notice in writing to all adjacent landowners
advising of the decision and the right to appeal the decision; and/or
(b)
Immediately publish a notice in a newspaper circulating in the
municipality, stating the location of the property for which the
application has been made and the use approved.
(5)
When an application for a Development Permit is refused, an official of the
Village shall mail a notice in writing by registered mail, to the applicant or
his agent stating the reasons for refusal.
(6)
For the purposes of this Bylaw, notice of the decision of the Development
Officer is deemed to have been given on the day when Notice of Decision
has been published in a newspaper, and/or posted on the development
site, and upon a decision of refusal, mailed to the applicant.
Page 36
3.2
(1)
Conditions of a Development Permit
The Development Authority may require with respect to a development
that, as a condition of issuing a development permit, the applicant enters
into an agreement with the Village to do any or all of the following:
(a)
To construct or pay for the construction of a public roadway required
to give access to the development.
(b)
To install or pay for the installation of utilities that are necessary to
serve the development.
(c)
To construct or pay for the construction of:
(d)
i.
Off-street or other parking areas; and
ii.
Loading and unloading areas.
To apply an off-site levy or redevelopment imposed by Bylaw.
(2)
When, in the opinion of the Development Authority, sufficient details of
the proposed development have not been included with the application
for a Development Permit, the Development Authority may return the
application to the applicant for further details. The application so
returned shall be deemed not to have been in its complete and final form
until all required details have been submitted to the satisfaction of the
Development Officer.
(3)
The Development Authority shall consider and decide on applications for
Development Permits within forty (40) days of the receipt of the
application in its complete and final form.
(4)
Notwithstanding the above, an application shall, at the option of the
applicant, be deemed refused when a decision is not made within forty
(40) days of the receipt of the application in its complete and final form.
(5)
When, in the opinion of the Development Authority, satisfactory
arrangements have not been made by a developer for the supply of water,
electrical power, sewage, and street access, or any of them, including
payment of the costs of installation or construction, the Development
Officer shall refuse to issue a development permit.
Page 37
(6)
The Development Authority may refer any application to the Mackenzie
Municipal Services Agency or any other agency in order to receive
qualified comment and advice.
(7)
Notwithstanding any specific provisions and standards set out in this
bylaw, the Development Officer may establish a more stringent standard
for a discretionary use when it is deemed necessary to do so.
(8)
A Development Permit lapses and is automatically void if the development
authorized is not commenced within twelve (12) months from the date of
issuing the permit, or within such longer periods as may be approved by
the Development Officer.
(9)
A Development Permit is automatically effective seventeen (17) days after
issuing the permit unless an appeal is lodged.
(10) When an appeal is made, the development permit shall not come into
effect until the appeal has been determined, at which time the permit
may be modified or nullified thereby.
(11) When an application for a Development Permit has been refused, the
submission of another application on the same parcel of land and for a
similar use may not be accepted by the Development Authority for at least
six (6) months from the date of refusal.
(12) The Development Authority shall consider and decide on the Development
Permits within forty (40) days of receipt of the application in its complete
and final form.
(13) A Development Permit is not transferable without prior consent of the
Development Authority.
3.3
Compliance Certificates
(1)
Any interested party may apply, in writing, to the Development Authority
for a compliance certificate, upon payment of an application fee, as
prescribed by resolution of Council for each property for which a letter of
compliance is required.
(2)
The application for a compliance certificate shall in respect to each
property, provide the Development Authority with a Real Property Report
or other documentation satisfactory to the Development Authority, which
shows the location of all building(s) and structures within or on the
boundaries of the property.
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(3)
The applicant for a compliance certificate shall in respect to each
property, provide the Development Authority with a written statement
describing all uses of the land and building(s) within the property, if not
indicated in the Real Property Report or other documentation satisfactory
to the Development Authority.
(4)
If the Real Property Report or other documentation is dated more than
thirty (30) days from the application for a compliance certificate,
accompanying the Real Property Report shall be a Statutory Declaration
indicating any or no changes, additions, or alterations to the land and/or
building(s).
(5)
Where all information required to be supplied by the applicant for a
compliance certificate is received by the Development Authority, and the
property is in compliance with the provisions of the Land Use Bylaw, the
Development Authority shall issue to the applicant a Compliance
Certificate.
(6)
Where a property is not in compliance with either the uses or standards
prescribed under the Land Use Bylaw, the Development Authority shall
issue a Certificate of Non-Compliance for the property, advising the
applicant, in writing, of the particulars of the non-compliance and/or nonconformance or any enforcement proceedings the Village may deem
necessary.
(7)
The Development Authority shall issue a compliance certificate within five
(5) business days from receipt of request or two (2) business days in
response to an urgent request from the applicant, or such other time
period as agreed by resolution of Village Council and subject to the
payment of the necessary application fee.
3.4
(1)
Contravention
If the Development Authority finds that a development, land use or use of
a building is not in conformity with:
(a)
the Land Use Bylaw, Part 17 of the Municipal Government Act or
Subdivision and Development Regulation, or
(b)
a development permit or subdivision approval, or a condition
therein,
The Development Authority may, by written notice, order the owner, the
person in possession of the land or building, or the person responsible for
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the contravention, or any or all of them, to
(c)
stop the development or use of the land or building in whole or in
part as directed by the notice,
(d)
demolish, remove or replace the development, or
(e)
carry out other actions required by the notice so that the
development or use of the land or building complies with the Land
Use Bylaw, Part 17 of the Municipal Government Act or Subdivision
and Development Regulation, a development permit or subdivision
approval, or a condition therein,
and in such order establish a time for reasonable compliance with such
order.
(2)
If a person fails or refuses to comply with an order under subsection (1) or
an order of the Subdivision and Development Appeal Board made
pursuant to Part 17 of the Municipal Government Act, the municipality
may enter on the land or building and take any action necessary to carry
out the order.
(3)
The municipality may register a caveat under the Land Titles Act in respect
of any order referred to in subsection (1) against the certificate of titles
for the land that is the subject of the order, but if it does so the
municipality must discharge the caveat when the order has been complied
with.
(4)
When the Council or a person appointed by it carries out an order, the
Council shall cause the costs and expense incurred in carrying out the
order to be placed on the tax roll as an additional tax against the property
concerned and the amount shall be collected in the same manner as taxes
on land.
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SECTION 4
4.1
DEVELOPMENT PERMITS
Development Requiring a Permit
(1)
A Development Permit is required prior to the commencement of
development as explained in the definition for “Development” in Section
1.5.
(2)
No development other than those designated in Section 4.2 of this Bylaw,
shall be undertaken within the Village unless an application for it has been
approved and a Development Permit has been issued.
4.2
Development Not Requiring a Development Permit
A Development Permit is not required for the following developments but they
shall otherwise comply with the provisions of this Bylaw:
(1)
(2)
(3)
Works of maintenance, repair or minor alterations on a structure, both
internal and external, if in the opinion of the Development Officer, such
work:
(a)
Does not change the use or intensity of the use of the structure;
(b)
Does not include major structural alterations; and
(c)
Is performed in accordance with obligatory legislation or other
government regulations.
The completion of a building which was lawfully under construction at the
date this Bylaw comes into full force and effect, provided that:
(a)
The building is completed in accordance with the terms of any
permit granted by the Village, subject to the conditions of that
permit; and
(b)
The building, whether or not a permit was granted in respect of it, is
completed within a period of twelve (12) months from the date this
Bylaw comes into full force and effect.
The use of any building referred to in Section 4.2 (2) (b) for the purpose
for which construction was commenced.
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(4)
The erection, construction, or the maintenance of gates, fences, walls, or
other means of enclosure less than 1.8 m. (6 ft.) in height for the portion
that does not extend beyond the foremost portion of the principal
building abutting a front yard or for the erection, construction, or the
maintenance of gates, fences, walls, or other means of enclosure less than
1 m. (3.3 ft.) in height for the portion that does extend beyond the
foremost portion of the principal building.
(5)
The erection or installation of machinery needed in connection with
operations for which a Development Permit has been issued, for the
period of those operations.
(6) The construction and maintenance of that part of a public utility placed in
or upon a public thoroughfare or public utility easement.
(7)
The use of land by the Village of which the Village is the legal or equitable
owner for a purpose approved by a two-thirds majority vote of Council in
connection with any public utility carried out by the Village.
(8) The use of a building or part thereof as a temporary polling station for a
Federal, Provincial or Municipal election or referendum.
(9)
An official notice, sign, placard, or bulletin required to be displayed
pursuant to the provisions of Federal, Provincial or Municipal legislation.
(10) One temporary, on-site sign which does not exceed 3 sq. m. (32 sq. ft.) in
area nor 2.4 m. (8 ft.) in height and is intended for:
(a) Advertising the sale or lease of a dwelling unit, or property for which
a development permit has been issued for the development on the
said property; or
(b) Identifying a construction or demolition project for which a
development permit has been issued for such a project; or
(c) Identifying a political campaign: such a sign may be displayed for 30
days prior to an election or referendum and must be removed within
7 days following the election or referendum; or
(d) Advertising a campaign drive which has been approved by Council:
such a sign may be posted for a maximum period of 14 days.
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(11)
Any development carried out by or on behalf of the Village of Hines
Creek, provided that such development complies with all applicable
provisions of this Land Use Bylaw
(12)
Accessory Building no larger than 13.4m2 (144 ft2), provided they satisfy
all the setback requirements of this Bylaw.
4.3
Application for a Development Permit
An application for a development permit shall be made to the
Development Officer in writing in the prescribed form, and shall be signed
by the owner and/or the agent. The Development Officer may require
any of the following information with the application:
(1)
(2)
Building plans, in duplicate, showing:
(a)
Floor plans,
(b)
Elevations,
(c)
Exterior finishing materials; and
(d)
Any other information deemed necessary by the Development
Officer and/or the Municipal Planning Commission.
Site plans, in duplicate, showing:
(a)
The legal description and municipal address,
(b)
Dimensions of the site,
(c)
Utilities, site drainage, grade elevations, existing and finished lot
grades, the grades of the streets and the location of proposed sewer
and water lines,
(d)
The height, dimensions, and relationship to property lines of all
existing and proposed buildings and structures including retaining
walls, trees, landscaping, other features and the location of fencing if
deemed necessary by the Development Officer.
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(e)
On applications for multiple-family,
recreational and institutional uses:
commercial,
industrial,
i. loading and parking provisions,
ii. access locations to and from the site,
iii. garbage and storage areas and the fencing and screening
proposed for same,
iv. location and approximate dimensions of existing and proposed
culverts and
v. crossings.
(3)
The application fee for a Development Permit shall be established by a
resolution of Council from time to time.
(4)
A statement of ownership of land and interest of the applicant therein.
(5)
The estimated commencement and completion dates.
(6)
Additional information at the discretion of the Development Officer.
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Page 45
4.4
Environmental Audits
(1)
The Village Council or the Development Officer may require an
applicant to conduct an environmental audit and submit an
environmental audit report as part of a Development Permit
application, an application to amend this Bylaw, an application for
subdivision or an application to adopt or amend a statutory plan.
(2)
Environmental Audit means a comprehensive site analysis to determine:
(3)
(a)
If there are any hazardous substances above, on or below the
surface of the subject property that may pose a threat or risk to the
environment and/or human health;
(b)
If there are any breaches of federal, provincial and/or municipal
environmental standards;
(c)
The level of risk that a contaminated site poses to the environment
and/or human health; and
(d)
What remedial actions may be required to reduce the level of risk
posed by a contaminated site to an acceptable level.
The environmental audit report shall include:
(a)
A history of the subject property’s ownership and use;
(b)
A description of the natural environment and social environment
surrounding the subject property which may be sensitive to
contamination;
(c)
An inventory of all hazardous materials that may have been handled
or stored on the subject property, including a review of on-site and
off-site disposal operations and facilities;
(d)
Documentation of the existence, location and use of above ground
and underground storage tanks and other related facilities;
(e)
A history of environmental regulatory activity affecting the subject
property;
(f)
A review of the condition and uses of adjoining properties;
Page 46
(g)
A completed sampling program to determine the type and level of
contamination of soil, ground and/or surface water, site facilities,
etc.;
(h)
Determination of the extent of contamination; and
(i)
Comprehensive site and area maps noting the locations of natural
and built features and other elements of the site audit, as noted
above.
(4)
The environmental audit shall be conducted by qualified persons and/or
Alberta Sustainable Resources Development.
(5)
The environmental audit shall be referred to Alberta Environment for
comments.
(6)
The environmental audit shall be referred to Alberta Sustainable
Resources Development where a naturally occurring waterbody or
watercourse may be affected by the development.
(7)
The Village may use the recommendations contained in the environmental
audit report as:
4.5
(1)
(a)
Reason for issuing or not issuing a development permit, with or
without conditions;
(b)
Reason to amend or not amend this Bylaw;
(c)
A basis for recommendations to the Subdivision Authority related to
applications for subdivision;
(d)
Reason to adopt or amend a statutory plan; and
(e)
Reason to refuse, to adopt or to amend a statutory plan.
Environmental Impact Assessment
In this section of the Bylaw, Environmental Impact Assessment means
comprehensive analysis to determine:
(a)
The potential environmental impact of the proposed development
on a site.
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(b)
The potential environmental impact of the proposed development
upon adjacent properties or land uses; and
(c)
The potential environmental impact the proposed development on
the future land use potential of the property.
(2)
Environmental Impact Assessment Report means a written document
containing the result of an environmental impact assessment.
(3)
Village Council or the Development Officer may require an applicant to
conduct an Environmental Impact Assessment and submit a report as part
of a Development Permit application, an application to amend this Bylaw,
an application for subdivision or an application to adopt or amend a
statutory plan.
(4)
The Environmental Impact Assessment shall be conducted by qualified
persons.
(5)
The Environmental Impact Assessment report shall be referred to Alberta
Environment for comment.
(6)
Village Council and/or the Development Officer may use the
recommendations of the environmental impact assessment report as:
(a)
Reason for issuing or not issuing a Development Permit, with or
without conditions;
(b)
Reason to amend or not amend this Bylaw;
(c)
The basis for recommendations to the Subdivision Authority related
to applications for subdivision;
(d)
Reason to adopt or amend a statutory plan; and
(e)
Reason to refuse to adopt or amend a statutory plan.
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4.6
Subdivision Standards
(1)
Notwithstanding the district requirements in all districts for lot width, lot
depth and lot size, the Development Officer may recommend a variance to
the district requirements.
(2)
Upon recommendation from the Development Officer, the subdivision
approving authority may approve a subdivision application which requires
a variance in accordance to Sub-section 4.6 (1).
(3)
Where the Development Officer has deemed it necessary to allow for a
variance, written reasons for their recommendation will be sent to the
subdivision approving authority.
(4)
Prior to making a recommendation for a subdivision variance, the
Development Officer may notify adjacent landowners and indicate a time
and place at which they may speak for or against the proposed variance.
4.7
Appeal Procedure
(1)
Appeal may be made to the Subdivision and Development Appeal Board
where the Development Authority:
(a)
refuses or fails to issue a development permit to a person within
forty (40) days of receipt of the application;
(b)
issues a development permit subject to condition; or
(c)
issues an order under Section 3.4 of this Bylaw.
(2)
An appeal may be made to the Subdivision and Development Appeal
Board by any other person affected by an order, decision or development
permit of the Development Authority.
(3)
An appeal shall be made by serving a written notice of appeal to the
Secretary of the Subdivision and Development Appeal Board within 14
days after the date the order, decision or development permit was
issued. Council may establish a fee to accompany an appeal that may or
may not be refundable.
(4)
Each appeal made to the Subdivision and Development Appeal Board
shall be accompanied by a processing fee, the amount of which shall be
set from time-to-time by resolution of Council.
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SECTION 5
AMENDMENTS
5.1
Amendment Procedure
(1)
All applications for amendment to this Bylaw shall be made to the Council
on Form "H" hereto in Schedule "A" and shall be accompanied by the
following:
(2)
(a)
the application fee which shall be established by a resolution of
Council;
(b)
the certificate of title for the land affected or other documents
satisfactory to the Council including the applicant's interest in the
said land;
(c)
all drawings required to be submitted shall be drawn on standard
drafting material to the satisfaction of the Development Authority
and shall be fully dimensioned, accurately figured, explicit and
complete.
After the proposed amending Bylaw receives First Reading, the Village
Clerk shall forthwith cause to be published, in the local newspaper as
required by the MGA, a notice of the proposed amendment stating:
(a)
The legal description of the land,
(b)
The civic address of the property,
(c)
The purpose of the proposed amending bylaw,
(d)
The one or more places where a copy of the proposed amending
bylaw may be inspected by the public during reasonable hours,
and
(e)
An outline of the procedure to be followed by anyone wishing to
be heard at the public hearing.
5.2
Public Notice and Hearing
(1)
Village Council shall hold the public hearing at the time and place stated in
the notice, at which it may hear:
(a)
The applicant or a person acting for the applicant;
Page 50
(b)
Any person who claims to be affected by the proposed amending
bylaw;
(c)
Any other person that Village Council agrees to hear; and
(2)
Public Notice and hearing of Land Use Bylaw amendments shall be
conducted in accordance with the MGA.
5.3
Village Council Decision
(1)
Village Council, after considering the submissions made at the public
hearing by various parties pertaining to the amending bylaw, may at its
sole discretion:
(a)
approve the amending bylaw;
(b)
approve the amending bylaw with conditions; or
(c)
refuse the amendment to the bylaw.
(2)
Where Village Council is of the opinion that the amendment is applicable
to and for the benefit of the community at large, Village Council may
direct that the fee be returned to the applicant.
5.4
Re-Application
When an application for a change in the district designation of a site has been
refused by Council, another application for the same or similar change in the
district designation of the site may not be made by the same or any other
applicant for six (6) months after the date of the refusal of the application.
Page 51
SECTION 6
6.1
GENERAL LAND USE PROVISIONS
Accessory Buildings
(1)
For the purpose of calculating yard setbacks and site coverage
requirements as provided in the Bylaw when an accessory building is
attached to the principal building on a site by a roof, an open or enclosed
structure, a floor, or a foundation, it is to be considered a part of the
principal building and not as an accessory building.
(2)
Any accessory building which is not physically connected to a principal
building shall be located at least 1.8 m. (6 ft.) from any principal building.
(3)
Notwithstanding Sub-section 6.1(2), when a building used or proposed to
be used as an accessory building is located closer to a principal building
than a distance or 1.8 m. (6 ft.) it shall be connected to that principal
building by a structural element (including for the purposes of example
but not limited to: common foundation, common roof, common wall).
(4)
Any accessory building erected on a site in any residential district shall not
be used as a dwelling.
(5)
No side yard is required for any accessory building in a residential district
or an industrial district where a mutual wall is erected on a common
property line and is constructed of brick, stone or equivalent fire resistant
material, where there will be no overhang of eaves, and all drainage is
confined to the site providing the accessory building serves the two
abutting parcels.
(6)
The total combined area of all accessory buildings shall not exceed 15
percent of the site area.
(7)
Notwithstanding the above sub-sections, the side yard setback
requirement for carports and patios (any part of the development,
including the overhang) shall be 0.30 m. (1 ft.).
(8)
A rear yard setback of 0.90 m. (3 ft.) shall be required for accessory
buildings.
(9)
In the case of a swimming pool, the side yard setback requirement shall be
1.5 m. (5 ft.).
Page 52
(10) No person shall place water in or cause water to be placed in a pool, or
allow water to remain therein unless a pool fence completely enclosing
the entire swimming pool area has been constructed to prevent
unauthorized persons.
(11) The height of the fence surrounding a ground level outside pool shall not
be less than
(a)
1.8 m (5.9 ft.) for a private swimming pool, and
(b)
2.0 m (6.6 ft.) for all other swimming pools.
(12) Any accessory building shall not exceed the height of the principal
building.
(13) The construction and appearance of an accessory building shall be subject
to the approval of the Development Authority.
(14) All accessory buildings shall be constructed of materials that blend
harmoniously with the main building on the lot.
(15) No accessory building shall be located within the front yard of any parcel.
6.2
Site Dimensions
No permit shall be issued for any development on a site, the area or width of
which is less than the minimum prescribed for the district in which the site is
located, except that a lot of separate record in the Land Titles Office containing
less than the minimum area or width specified for the district may be used
subject to the discretion of the Development Authority if all other requirements
of the Bylaw and amendments thereto are observed.
6.3
Site Coverage
The maximum area of a site that may be covered with either principal buildings
or accessory buildings, or both, shall not be greater than the maximum limits
prescribed for the district in which the site is located.
6.4
(1)
Front, Side and Rear Yard Setbacks
On each site there shall be established and maintained front, side and rear
yards of such dimensions as will meet the minimum requirements of this
Bylaw.
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(2)
Notwithstanding any specific provisions, yards in excess of the minimum
requirements may be required when deemed necessary by the
(3)
In determining front, side and rear yard setbacks, all measurements shall
be taken from the foundation or footing of the principal building.
6.5
(1)
Projections into Yards
The following fixtures may project into a front, side or rear yard of a site in
a residential district provided they conform to the setback as specified in
section 9.4
(a)
Verandas, porches, eaves, shade projections, bay windows,
chimneys, sills, balconies, unenclosed steps without a roof and not
more than 0.9 m. (3 ft.) above ground level, and any other
architectural features, which in the opinion of the Development
Authority, are of similar nature, providing that the total projection
does not exceed the setback specified in Section 9.4.
(b)
Balconies and exterior fire escapes provided such projections do not
exceed 1.2 m. (4 ft.).
(c)
An open, hard surfaced, uncovered terrace or patio in any yard in a
residential district if such terrace or patio is unenclosed except by a
guard rail or parapet wall which does not exceed the height
permissible for a fence in the same location. The provision of an
awning or similar temporary covering for a terrace or patio shall be
permitted.
(2)
Notwithstanding the above, no fixture may project into a sight triangle.
6.6
Restrictions on Corner Sites
(1)
A corner sight line triangle or sight triangle means the triangle formed by
extending a straight line between two points on the exterior boundaries of
the site 6.1 m. (20 ft.) from the point where they intersect.
(2)
On any corner site, no finished grade shall exceed the general elevation of
the street line by more than 0.6 m. (2 ft.) within the area defined as a sight
triangle.
(3)
Notwithstanding any other provision contained in this Bylaw, no person
shall place or maintain any object, structure, fence, hedge, shrub, or tree
Page 54
in or on that part of a sight triangle, if such objects or structures, in the
opinion of the Development Authority, interfere with traffic safety.
6.7
Height of Buildings
No building shall be erected to a greater height than the maximum height
prescribed for buildings in the district in which the building is proposed to be
located.
6.8
Illumination
Any lighting proposed to illuminate areas in any district shall be located and
arranged to the satisfaction of the Development Authority so that all direct rays
of light are directed upon the area to be illuminated and not on any adjoining
properties.
6.9
Industrial Standards
(1)
Any industrial operation including production, processing, cleaning,
testing, repair, storage or distribution of any material shall conform to this
section of the Bylaw. The Development Authority may consult with the
Public Health Officer, Alberta Environment, Alberta Labour – General
Safety Service Division, or any other qualified consultant prior to making a
decision on an application for a Development Permit.
(2)
Obvious toxic or noxious materials or dust or ash shall not be released or
permitted to escape to the atmosphere at such a rate as to interfere with
the use and enjoyment of property or to endanger the health or safety of
the public.
(3)
No industrial operation shall be carried out which would result in the
projection of glare or heat onto adjacent properties.
(4)
Waste products shall not be discharged into any sewer or private sewage
disposal system if the nature of such waste products, or the manner of
their discharge, would exceed the design standards for the sewer or
sewage disposal system.
(5)
The location of bulk storage facilities for liquefied petroleum gases and
anhydrous ammonia shall conform to the following:
(a)
All provincial regulations regarding the location of such facilities on a
site.
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(b)
(6)
6.10
The slope of any parcel upon which dangerous chemicals are stored
shall not be such that drainage of the chemicals onto adjacent
properties may occur.
In accordance to with Alberta Environment, petroleum gas tanks shall
conform to the following:
(a)
All new storage tanks may be constructed of fiberglass-reinforced
plastic, steel or a combination of both. Aboveground storage
contains flammable or combustible liquids and therefore shall be
made of steel.
(b)
All underground tanks must be registered with the Petroleum Tank
Management Association of Alberta. Only those aboveground fuel
storage tanks with a 2,500-litre or greater capacity require
registration.
Landscaping and Screening
(1)
Any area required to be landscaped may, at the discretion of the
Development Authority, be left in its natural state or be loamed and
planted with grass, trees, shrubs and/or flowers, or similar materials or a
combination thereof, which enhance the appearance of the site and which
complement the development thereon.
(2)
Site Elevations:
6.11
(a)
Any area required to be landscaped shall be landscaped so that the
finished surface contours do not direct surface drainage onto an
adjoining site.
(b)
The Village may require an applicant to build a retaining wall in order
to prevent surface drainage onto adjacent properties.
(c)
On any site, no finished grade shall exceed the general elevation of
the street line by more than 0.6 m. (2 ft.).
Objects Prohibited or Restricted in Districts
No person shall be allowed to keep or maintain:
(1)
A commercial vehicle with a gross vehicle weight rating in excess of 4091
kilograms (9000 pounds) on the street in a residential district for longer
than is reasonably necessary to load or unload the vehicle;
Page 56
(2)
An unlicensed, dismantled or derelict vehicle on a site or a street in a
residential district for more than forty-eight (48) hours;
(3)
Any excavation, building, or storage of material upon a site during the
construction stage of any development unless all safety requirements are
complied with. The owner and developer of any such site shall assume
full responsibility for on-site safety measures;
(4)
Any excavation, equipment, or construction materials on a site over a
period longer than is reasonably necessary for completion of construction;
and
(5)
Any object or chattel which, in the opinion of the Development Authority,
is unsightly or tends to adversely affect the amenities of the district.
6.12
Required Parking Space
(1)
When a building is constructed or changed in use, in such a manner as to
cause an intensification of the use of that building, provisions shall be
made for the additional parking space required under the parking
provisions of this Bylaw.
(2)
Where parking spaces are required, parking provisions shall be located on
the same site as the building or the use in respect of which it is required
and shall be designed, located and constructed so that:
(3)
(a)
It is reasonably accessible to the vehicle intended to be
accommodated there;
(b)
It can be properly maintained; and
(c)
It is satisfactory to the Development Authority in size, shape,
location and construction
Unless otherwise allowed by the Development Authority, off-street
parking shall be provided as shown in the following table:
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TYPE OF USE
MINIMUM PARKING REQUIREMENTS
Residential Uses
Apartment Building, Row Housing, Group 1.5 space/dwelling and at least
Dwelling
0.25 space/visitor parking
Boarding House, Lodging House
1 space/bed
Other Residential Uses
Commercial Uses
Business Offices,
Financial Institutions
1 space/dwelling
Retail Shops, Personal Service Shops
1 space/28 sq. m. (300 sq. ft.)
Restaurants
1 space/4 seats; 1 space/2 employees
Hotels, Motels
1 space/guest; 1 space/2 employees
1 space/46 sq. m. (500 sq. ft.)
Note: Where a hotel, a restaurant, a motel and a drinking establishment are grouped in any
combination on a site, the required number of parking spaces may be reduced, at the
discretion of the Development Authority, to 75% of the combined total of all specified uses.
Other Non-Residential Uses:
Indoor Recreation Facilities
1 space/3.5 seats or
1 space/3.2 sq. m. (35 sq. ft.)
Place of Worship
1 space/5 seats
Elementary Schools
1 space/classroom and
1 space/5 employees
Junior High and Senior
High Schools
1 space/5 students and
1 space/employee
Hospitals, Clinics
1 space/93 sq. m. (1000 sq. ft.)
Industrial Uses
Manufacturing,
industrial
plants, 1 space/2 employees on a maximum
warehousing, wholesale, storage building working shift
and yards, servicing repair establishments
and public utility buildings
Any Other Uses
6.13
(1)
1 space/37 sq. m. (400 sq. ft.)
Parking Variance Provisions
Notwithstanding Section 6.13, should the Development Authority deem it
advisable he/she may:
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(2)
6.14
(1)
(a)
Accept payment in lieu of the number of off-street parking spaces
deficient, and which payment shall be based on the amount of
money Council considers reasonable in return for the equivalent
parking space to be provided by the Village elsewhere in the district
in which the development is proposed.
(b)
Require the developer to provide the required off-street parking on
land other than that to be developed provided that:
i.
the alternate parking site is within 122 m. (400 ft.) of the site
where the principal building is located or where the approved
use is carried out;
ii.
the person wishing to use an alternate parking site must have
absolute control of it for a length of time equal to the life of
the approved use of the building or site, and will use that site
for no other purposes than to provide alternate parking;
iii.
the absolute control is established to the satisfaction of the
Council;
iv.
should the alternate parking site cease to be available, another
parking site must be provided which meets the above criteria
or the approved use of the building or the site must be
discontinued;
v.
the person wishing to use an alternate site shall agree with the
Municipality in writing under seal, which document shall be in
such form that it can be protected by registration of a caveat
under the Land Titles Act, that the site on which the alternate
parking site is located shall be used for such purposes as long
as it is required by this part.
If, in the opinion of the Development Authority, all other requirements of
the Land Use Bylaw and amendments thereto have been observed, the
Development Authority may in his/her discretion, allow a relaxation of
required parking spaces as set forth in this Bylaw.
Design and Dimensions of Required Parking Space
Off-street parking shall be designed and provided in accordance with the
following minimum dimensions:
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(2)
(3)
Angle of
Parking
(Degrees)
30
45
60
Width of Stall
Metres (Feet)
Width of Aisle
Metres (Feet)
2.5 (8.0)
2.5 (8.0)
2.5 (8.0)
3.5 (11.5)
3.5 (11.5)
90
2.5 (8.0)
Depth of Stall
Perpendicular to Aisle
Metres (Feet)
5.1 (16.5)
6.0 (19.5)
5.5 (18.0)
6.5 (21.5)
7.0 (23.0)
6.0 (19.5)
Each parking space for parallel parking on a street shall be a minimum of:
(a)
18 sq. m. (194 sq. ft.) in area and
(b)
3.0 m. (10 ft.) in width.
Any loading space shall be of a size necessary to accommodate the
expected vehicles but shall not be less than the following minimum
dimensions:
(a)
28 sq. m. (301 sq. ft.) of floor area
(b)
3.5 m. (11.5 ft.) in width; and
(c)
4 m. (13 ft.) of overhead clearance.
(4)
In the Commercial District (C) credit for on-street parking may be given
provided the parking stalls abut the development and provided the use is
not affected by a fire hydrant, yellow curb line, loading zone, entrance or
some obstruction which prevents the use of the stalls for public parking.
(5)
Any parking space or loading space provided shall be developed and
surfaced to the satisfaction of the Development Authority within 12
months of the completion of the Development for which the Development
Permit was issued.
(6)
Adequate curbs or concrete bumpers or fences shall be provided to the
satisfaction of the Development Authority, if it is or becomes necessary to
protect adjacent fences, walls, boulevards, landscaped areas or buildings
on the site, or an abutting site, from contact with vehicles using such
parking space or area.
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(7)
Notwithstanding anything contained in this Section, if the street or land
from which access is available to any required parking space is paved after
the time at which the parking space is provided or required, the person
owning the land on which the parking space is located shall immediately
pave the parking space and the access to it and the whole area contained
within the municipal land to which the curb crossing applies.
(8)
Off-street parking shall be provided in the manner shown on the approved
site plan with the entire area to be graded so as to ensure that drainage
will be confined to the site and disposed of in a manner satisfactory to the
6.15
Relocated and Moved-In Buildings
(1)
Relocated buildings are defined as those buildings that have been
relocated from one lot to another lot.
(2)
Moved-in buildings are defined as those buildings that have been moved
from jurisdictions outside of the corporate boundaries of the Village of
Hines Creek, into the Village.
(3)
Unless and until a Development Permit from the Development Authority is
obtained, no person shall:
(a)
Place on a site a building which has been previously erected or
placed on a different site; or
(b)
Alter the location of a building on a site.
(4)
The development approval provisions for moved-in and relocated
buildings shall apply to all land use districts.
(5)
In all cases where applications are made for development wherein movedin or relocated buildings apply, notwithstanding that the use may be listed
as a permitted use in the district, their uses shall be discretionary and shall
require a Development Permit.
(6)
All applicants for a development permit will be required to submit the
following information as required under this Bylaw, prior to processing of
the Development Permit:
(a)
Coloured photographs of the proposed building, accurately depicting
the style and general condition of the building and its conformity to
the neighbourhood;
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(7)
(b)
Complete site plan showing how the proposed building would be
located on the proposed lot;
(c)
Floor plans of the proposed buildings; and
(d)
The applicant shall provide an unconditional right of entry for the
Development Authority, or appointed successors to inspect said
premises and building until such time as the building has complied
with the requirements of the Development Permit.
Any applicant applying for a Development Permit for a moved-in or
relocated building under this Bylaw may be required to post a
performance bond or an irrevocable letter of credit upon which the Village
may draw to:
(a)
Bring the building and site development into compliance with the
Village’s requirements.
(b)
Repair any damage to municipal infrastructure(s) or any other public
property resulting from the development.
(c)
Remove any building which has been located on a site other than the
building described in the application.
(8)
The amount of the performance bond or irrevocable letter of credit shall
be established by having the applicant provide an estimated contract cost
to complete the conditions set out in the Development Permit, to bring
the building and site development into compliance.
(9)
All Development Permits for relocated or moved-in buildings, under the
authority of this Bylaw, will be reviewed by the Development Authority,
based on the following criteria:
(a)
Age and appearance of the building;
(b)
Building condition and building materials;
(c)
The compatibility of the proposed building with the neighbourhood
and adjacent properties;
(d)
Aesthetics of the receiving neighbourhood; and
(e)
Other planning considerations
deemed
necessary
by
the
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6.16
Sign Control
(1)
No sign of an advertising, directional or informative nature shall be
erected on land or affixed to any exterior surface of any building or
structure unless an application for this purpose has been approved and a
development permit issued.
(2)
Signs shall comply with the setback requirements for principal buildings in
the district in which the sign is located unless otherwise allowed by the
(3)
In considering a development application for a sign, the Development
Authority shall have due regard to the amenities of the district in which
the sign is located and to the design and size of the proposed sign. If the
Development Authority deems it necessary, a development application for
a sign may be referred to the Development Authority for their
consideration and decision on the application.
(4)
On each industrial site the following signs may be allowed subject to the
following limitations:
(5)
(6)
(a)
No sign shall project more than 1.5 m. (5 ft.) above the top of any
main wall or parapet to which it is affixed, unless, in the opinion of
the Development Authority, it has been designed as an integral part
of the building; or
(b)
No sign shall be illuminated unless the source of light is steady and
suitably shielded.
On each commercial site, signs may be allowed subject to the following
limitations:
(a)
Signs and billboards shall be prohibited excepting signs advertising
the principal use of the premises or the principal products offered
for sale on the premises.
(b)
No sign shall be illuminated unless the source of light is suitably
shielded.
(c)
Signs shall not protrude out from the face of the building a distance
exceeding 1.5 m (5 ft.).
The following regulations are applicable for all portable signs:
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(a)
The Development Authority shall, in the case of a Development
Permit for a portable sign, specify the length of time that the permit
remains in effect.
(b)
No more than one portable sign shall be displayed on a site.
(c)
Notwithstanding Sub-section (6)(b), one portable sign shall be
permitted for each business in a multiple occupancy development
provided that no portable sign is located within 15.2 m. (50 ft.) of
one another.
(d)
Portable signs shall be allowed only within primary Commercial
Districts (C).
(e)
Portable signs shall not be placed in a manner so as to interfere with
traffic movement or safety.
(f)
No portable signs are permitted within a roadway right-of-way.
(g)
No portable signs shall be permitted on public areas or within 1 m. (3
ft.) of public property.
(h)
The following information shall be required for an application for a
development permit for a portable sign:
(i)
i.
the municipal address and legal description of the land or
building where the sign is to be located;
ii.
the applicant’s name, address and phone number;
iii.
an indication of where the sign is to be located;
iv.
the length of time the sign is to be displayed at the location
proposed;
v.
a letter from the owner or his/her agent authorizing the
placement of the sign on the subject property; and
vi.
the size, height and the nature of the sign.
A portable sign shall be removed on/or before the expiry date
specified in the Development Permit.
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6.17
Entrances and Exits
(1)
Curb cuts shall be set back a minimum distance of 6 m. (20 ft.) from the
intersection of site boundaries on corner lots.
(2)
Notwithstanding Section 6.17 (1) the setback distance for curb cuts may be
increased where, in the opinion of the Development Authority, such
increase is necessary for reasons of public safety and convenience.
(3)
The maximum width of curb cutting shall not exceed 10.7 m. (35 ft.).
(4)
The sides of driveway approaches crossing sidewalks or boulevards may be
constructed on an angle with the curb line, but the angle extended
between the curb and the edge of the driveway shall in no case be less
than 30 degrees nor more than 60 degrees.
(5)
The minimum distance between adjacent curb cutting on the same side of
the property shall be determined by the Development Authority.
(6)
All parts of the site to which vehicles may have access shall be developed
so as to provide a durable, dust free surface.
6.18
Dwelling Units Permitted on a Lot
(1)
One dwelling unit per lot may be allowed by the Village in accordance with
the provisions of this Bylaw.
(2)
Notwithstanding Section 6.18 (1), multi-parcel residential buildings
(apartments, duplexes, mobile home parks, etc.) may be allowed to be
developed on a lot in accordance with the provision of this Bylaw.
(3)
Notwithstanding Section 6.18 (1), the Village may allow for additional
single-unit residential dwellings to be developed on a lot subject to the
approval of the Development Authority who shall consider the following:
(a)
the suitability of the site for the proposed development;
(b)
access to and from the site;
(c)
the provision of proper, on-site water and sewer and natural gas
servicing; and
(d)
existing and future surrounding land uses.
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6.19
Fences in Residential Districts
In addition to the restrictions contained in Section 6, a person shall not construct
a fence on a site in a residential district that is:
(1)
Higher than 1.8 m. (6 ft.) for that portion of the fence that does not
extend beyond the foremost portion of the principal building on the site;
(2)
Higher than 0.9 m. (3 ft.) for that portion of the fence that does extend
beyond the foremost portion of the principal building on the site;
(3)
Of such lesser height than the maximum as may be required at the
discretion of the Development Authority.
6.20
On-Site Demolition
The applicant will be responsible for:
(1)
The replacement of any boulevard trees that are damaged or cut down to
effect the demolition or removal of a structure or building from the site;
(2)
Removal of all building, structural and foundation materials or debris from
the site to a suitable landfill area;
(3)
Fencing off of demolition and/or excavation areas to protect against any
safety hazard on the site until the excavation is filled in and the site is
properly levelled;
(4)
Filling in of the excavation area with suitable fill materials within a
reasonable period of time, contingent upon weather conditions;
(5)
Levelling of the site to provide for proper drainage;
(6)
Replacement, at the applicant’s expense, of any sidewalk, curb and gutter,
fire hydrant and/or water or sewer lines damaged as a result of the
demolition or removal of the building or structure from the site;
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(7)
Notification to public utility authorities (TELUS, ATCO Electric, ATCO Gas,
and the operator of the cable vision system) so that they may disconnect
their utilities from the structure or building prior to its demolition or
removal, and to assist with the moving of the utility to help effect the
demolition or removal of the structure or building; and
(8)
All the above conditions to be carried out to the satisfaction of the
Page 67
SECTION 7
7.1
SPECIAL LAND USE PROVISIONS
Home Occupation
(1)
Home occupation is limited to those uses which are approved by the
Development Authority for the dwelling unit or accessory building
supplementary to the principal residential use.
(2)
A home occupation shall:
(3)
(4)
(a)
not have outside storage of materials, commodities or finished
products;
(b)
be operated as a secondary use only and shall not change the
character or external appearance of the dwelling involved, unless
approved by the Development Authority;
(c)
consist of the residents of the dwelling and may include one other
person who is not a resident of the dwelling employed in the
business;
(d)
not involve the parking or maintenance of more than one
commercial vehicle on the site; and
(e)
become null and void when the home occupation changes
ownership or address.
The signage for advertising a home occupation shall:
(a)
consist of a single sign;
(b)
be flatly attached to the residence; and
(c)
be no bigger than .90 sq. m. (9.7 sq. ft.) in area.
Development Permits for a home occupation shall conform to the
following provisions:
(a)
All Development Permits for home occupation will be reviewed by
the Development Authority, based on the following criteria:
i.
building conditions;
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(b)
ii.
the compatibility of the proposed
neighbourhood and adjacent properties;
business
with
iii.
the proposed location within the Village;
iv.
the aesthetics of the receiving neighbourhood;
v.
the compatibility of the proposed dwelling unit with the
proposed future development of the area; and
vi.
other planning considerations deemed necessary by the
The Development Authority shall not issue a Development Permit for
a home occupation which would:
i.
unduly interfere with the amenities of the receiving
neighbourhood;
ii.
materially interfere with or affect the use or enjoyment of
neighbouring properties;
iii.
cause or create traffic noise, dust, smell, smoke or vehicular
traffic, in excess of that which is characteristic of the area in
which it is located; or
iv.
be more suitably located in a commercial or industrial district.
(5)
A Development Permit for a home occupation, when approved, shall be
issued for a period of one year.
(6)
A Development Permit issued for a home occupation shall be subject to the
condition that the Development Permit may be revoked at any time, if in
the opinion of the Development Authority; the use is or has become
detrimental to the amenities of the neighbourhood.
7.2
Car/Truck Cleaning Establishments
(1)
All car/truck cleaning establishments shall contain storage space for cars
and trucks prior to their entry into any part of the cleaning process. In the
case of service stations including car washes, the minimum site area shall
be at the discretion of the Development Authority.
(2)
All car/truck washing establishments must be equipped with filtration
apparatus of an acceptable standard to serve the establishment, precise
details of which shall accompany the Development Permit application.
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7.3
(1)
Place of Worship
All Places of Worship shall adhere to the following regulations:
(a)
Maximum height requirements may be exceeded only if 30 cm. (1
ft.) extra of side yard per 30 cm. (1 ft.) over the maximum height
requirement is provided.
(b)
The site upon which a place of worship is situated shall have a
frontage of not less than 30.5 m. (100 ft.) and an area of not less
than 929 sq. m. (10,000 sq. ft.).
(2)
In the case where a manse, rectory, parsonage or other building for a
minister's residence is to be erected on the same site as the place of
worship, the combined area of the site shall not be less than 1394 sq. m.
(15,000 sq. ft.).
(3)
A retaining wall of no less than 0.9 m. (3 ft.) shall be erected on the
boundaries of an off-street parking facility where it abuts a residential lot.
7.4
Drive-In Restaurants and Drive-Through Facilities
(1)
A drive-in restaurant or a drive-through facility must provide parking space
for at least five vehicles.
(2)
Notwithstanding Section 7.4 (1) a lesser number of parking spaces may be
made available based on the approval of the Development Authority.
(3)
Areas required for circulation of vehicles shall be paved to the satisfaction
of the Development Authority and shall not be used to provide required
parking.
(4)
The lot shall be drained to the satisfaction of the Development Authority.
(5)
Exits and entrances shall be as approved by the Development Authority
and circulation within the lot shall be one-directional and adequately
signed. The drive-in restaurants and drive-through facilities shall be
separate from other exits and entrances and parking aisles.
(6)
Side and rear boundaries abutting residential areas shall be screened by a
fence or wall to the satisfaction of the Development Authority.
(7)
Drive-in restaurants or drive through facilities shall be demarcated and
properly signed to the satisfaction of the Development Authority.
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7.5
Mobile Homes (Manufactured Homes)
(1)
All mobile homes shall conform to the Alberta Building Code.
(2)
Mobile homes should be of sound construction and appearance, to the
satisfaction of the Development Authority
(3)
The undercarriage of a mobile home shall be completely screened from
view by the foundation, by fire proof skirting or by such other means
satisfactory to the Development Authority.
(4)
Axles, wheels, running gear and towing tongue shall be removed prior to
final installation of the mobile home being securely placed or anchored on
piers or a foundation.
(5)
All accessory structures, additions, porches and skirting shall be of a
quality and appearance equivalent to the mobile home, and additions
shall not exceed 50 percent of the gross floor area of the mobile home.
(6)
Mobile homes shall be located in areas free from shifting due to frost and
readily accessible for water line hook-up.
(7)
If oil is being used for heating purposes, an oil receptacle shall be
concealed and enclosed with external screening compatible with the
mobile home on privately owned lots.
7.6
Modular Homes
(1)
All modular homes shall conform to the Alberta Safety Codes Act.
(2)
All modular homes shall be presentable in the opinion of the Development
Authority, please refer to Section 6.15 sub-section (9).
7.7
Service Stations and Gas Bars
(1)
Service stations and gas bars may only be located along a highway with a
service road.
(2)
Site Area and Coverage:
(a)
The minimum site area shall be 557.4 sq. m. (6000 sq. ft.) and the
maximum building coverage shall be 15 percent of the site area.
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(b)
(3)
Where a service station forms part of a shopping centre
development, the minimum site area and maximum building
coverage may be varied at the discretion of the Development
Authority.
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 out on a site which constitutes a nuisance
or annoyance to persons occupying land in the immediate vicinity of
the site by reason of dust, noise, gases, odours, smoke or vibration.
(c)
The site of the building shall be maintained in a clean and tidy
condition and free from all rubbish and debris.
(4)
Landscaping shall be provided and maintained to the satisfaction of the
(5)
Fencing of at least 1.5 m. (5 ft.) in height but no higher than 2.1 m. (7 ft.)
shall be provided along the boundary of a site where it abuts a residential
district.
(6)
All pump islands shall be located at least 6.1 m. (20 ft.) from any boundary
of the site, parking areas on the site, or laneways intended to control
traffic circulation on the site.
(7)
All service stations, gas stations, and gas bars must be equipped with
filtration apparatus of an acceptable standard to serve the establishment,
precise details of which shall accompany the Development Permit
application.
(8)
The installation of below ground or above ground tanks shall be in
accordance with all provincial legislation and regulations.
7.8
(1)
Satellite Dishes and Antennas
Private non-commercial radio and television antennas may be permitted
to be constructed to a height in excess of the maximum requirements of
the district, provided that the development complies with the other
requirements set out in this Bylaw.
Page 72
(2)
All satellite antennas shall be required to meet setbacks as determined by
the Development Authority taking into account:
(a)
the amenities of the neighbourhood;
(b)
the use and enjoyment of neighbouring properties; and
(c)
the location of overhead power and telephone wires.
(3)
A satellite dish shall not be greater than 3 feet in diameter in the front
yard.
(4)
A site plan, showing the location of the satellite dish on the lot must be
submitted at the time of application for a Development Permit.
7.9
(1)
Garden Suites
Garden Suites shall:
(a)
not be located on the front yard;
(b)
not exceed one storey in height;
(c)
maintain a minimum side yard setback of 0.9 m. (3 ft.); and
(d)
maintain a rear yard setback.
(2)
Garden suites shall not be located on any parcel or site which contains two
or more permanent dwelling units.
(3)
Garden suites may be allowed as a discretionary use in areas zoned as
Residential District (R) under this Bylaw.
7.10
Child Care Facilities
(1)
All child care facilities, as defined in this Bylaw, shall be licensed by the
appropriate provincial department and/or agency, and shall meet
provincial health requirements and fire protection requirements.
(2)
When deciding on a Development Permit application for a child care
facility, the Development Authority shall take into consideration the
following:
(a)
provision of one parking space per three staff members;
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7.11
(b)
provision of a safe and adequate loading/unloading area for
children;
(c)
provision for a safe play area(s) or location of playground within a
safe walking distance;
(d)
surrounding land uses and the character of the area; and
(e)
other matters deemed necessary by the Development Authority.
Bed And Breakfast Accommodation
(1)
Any person wanting to establish or develop a bed and breakfast
accommodation operation shall require a Development Permit.
(2)
The following regulations shall apply to the development of a bed and
breakfast accommodation operation:
(3)
(a)
maximum size of a sign shall be 0.28 sq. m. (3 sq. ft.);
(b)
one on-site parking stall per unit, unless otherwise approved by the
Development Authority; and
(c)
the bed and breakfast operation shall be contained entirely within
the principal building.
When reviewing a development permit application for a bed and breakfast
accommodation, the Development Authority shall consider the following:
(a)
the impact of the bed and breakfast accommodation operation on
surrounding properties;
(b)
parking or traffic generated from the operation and its effect on the
general area; and
(c)
any other considerations as deemed necessary by the Development
Authority.
Page 74
SECTION 8
8.1
ESTABLISHMENT OF DISTRICTS
District Classification
For the purpose of this Bylaw, all land within the boundaries of the Village shall
be divided into the following land use districts:
DISTRICT
Residential
Residential 2
Commercial
Industrial
Institutional
Agriculture-Urban Reserve
8.2
SYMBOL
R
R2
C
M
I
A-UR
District Symbols
Throughout this Bylaw and any amendments thereto, a district may be referred
to either by its full name or by its symbol as set out in Section 8.1.
8.3
(1)
(2)
District Map
The District Map, as may be amended or replaced by Bylaw from time to
time, is that map attached to and forming part of this Bylaw and among
other things bears the following identification:
(a)
District Map No. 1;
(b)
Section 8.3 (1)(b) of Bylaw No. 546-11;
(c)
Adopted by Council this 28th day of August, 2012 A.D.; and
(d)
Signatures of the Mayor and Chief Administrative Officer.
In the event that a dispute arises over the precise location of a boundary
of any district as shown on the District Map, the Council may request
planning advice and shall decide thereon.
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SECTION 9
9.1
RESIDENTIAL DISTRICT (R)
Purpose
The purpose of this district is to permit a diverse range of residential uses that
are compatible with low and medium density housing.
9.2
Permitted and Discretionary Uses
In alphabetical order.
(1)
Permitted Uses:
- accessory building or structure
- apartment building
- community centre or hall
- condominium
- duplex
- four-plex
- park and playground
- row dwelling
- semi-detached dwelling
- senior citizen housing
- single detached dwelling
- triplex
9.3
(2)
Discretionary Uses:
- boarding or rooming house
- child care facility
- group homes
- home occupation
- mobile home
- modular building
- place of worship
- public utility building
- relocation of residence
- secondary suite
- signs
General Requirements
In addition to the general and special land use regulations and provisions
contained in Sections 6 and 7 respectively, the following regulations shall apply
to every development in this district.
9.4
Minimum Requirements
(1)
Area of Site:
(a)
Apartments: 743 sq. m. (8000 sq. ft.)
(b)
Semi-detached dwellings:
i. 325 sq. m. (3500 sq. ft.) for each interior unit
ii. 371.6 sq. m. (4000 sq. ft.) for each end unit
(c)
Duplexes: 603.8 sq. m. (6500 sq. ft.)
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(d)
(2)
(3)
(4)
(5)
(6)
Single detached dwellings: 557.4 sq. m. (6000 sq. ft.)
Width of Site:
(a)
Apartments: 22.8 m. (75 ft.)
(b)
i. 9.1 m. (30 ft.) for each interior unit
ii. 10.6 m. (35 ft.) for each end unit
(c)
Duplexes: 18.2 m. (60 ft.)
(d)
Single detached dwellings: 15.2 m. (50 ft.)
Front Yard:
(a)
Mobile Homes: 7.6 m. (25 ft.)
(b)
All other uses: 7.6 m. (25 ft.)
Side Yard:
(a)
Principal Buildings:
Ten percent (10%) of the width of the parcel or 1.5 m. (5 ft.),
whichever is greater
(b)
Accessory Buildings:
i. street side of a corner site: 1.5 m. (5 ft.)
ii. all other sites: 0.9 m. (3 ft.)
Rear Yard:
(a)
Mobile Homes 2.4 m. (8 ft.)
(b)
All other principal buildings: 7.6 m. (25 ft.)
(c)
Accessory buildings: 0.9 m. (3 ft.)
Floor Area:
(a)
Apartments: 46.4 sq. m. (500 sq. ft.) per unit
(b)
All other cases: 74.3 sq. m. (800 sq. ft.)
Page 77
9.5
Maximum Limits
(1)
Coverage of Site:
All buildings together (including accessory buildings): 40% of the site.
(2)
Height of Buildings:
(3)
(a)
Apartments: 13.7 m. (45 ft.) or 3.5 storeys
(b)
All other cases: 8.5 m. (28 ft.)
Density:
(a)
Apartments: The total floor area of the building shall not exceed
the ratio of 9.3 sq. m. (100 sq. ft.) of building to every 11.6 m.
(125 sq. ft.) of site area.
9.6
Additional Requirements
(1)
The distance between two row dwelling units facing each other shall be a
minimum of 27.4 m. (90 ft.).
(2)
The distance between two row dwelling units backing onto each other
shall be a minimum of 33.5 m. (110 ft.).
(3)
A minimum of 15% of a lot containing an apartment or row dwelling shall
be landscaped to the satisfaction of the Development Authority.
(4)
The Development Authority may decide on such other requirements as
are necessary having regard to the nature of a proposed development
and the intent of this district.
(5)
Notwithstanding the above regulations, any apartment projects shall
satisfy the Development Authority as to:
(a)
Provision for garbage storage, with appropriate access;
(b)
Access for fire engines;
(c)
Light between buildings;
(d)
Privacy for dwelling units in and adjacent to the development;
Page 78
(e)
Orientation of building(s) and general appearance of project;
(f)
Safe pedestrian access to and from the public sidewalk fronting the
building; and
(g)
Adequate lighting of parking areas.
Page 79
SECTION 10
10.1
RESIDENTIAL DISTRICT 2 (R2)
Purpose
The purpose of this district is to permit low density residential housing.
10.2
(1)
Permitted Uses:
- duplex
- four-plex
- park and playground
- row dwelling
- semi-detached dwelling
- triplex
10.3
(2)
Discretionary Uses:
- apartment building
- boarding or rooming house
- condominium
- group homes
- home occupation
- mobile home
- modular building
- place of worship
- relocation of residence
- secondary suite
- signs
contained in Sections 6 and 7 respectively, the following regulations shall apply
to every development in this district.
10.4
(1)
Area of Site:
(a)
i. 325 sq. m. (3500 sq. ft.) for each interior unit
ii. 371.6 sq. m. (4000 sq. ft.) for each end unit
(b)
Duplexes: 603.8 sq. m. (6500 sq. ft.)
Page 80
(c)
(2)
(3)
Width of Site:
(a)
i. 9.1 m. (30 ft.) for each interior unit
ii. 10.6 m. (35 ft.) for each end unit
(b)
Duplexes: 18.2 m. (60 ft.)
(c)
Single detached dwellings: 15.2 m. (50 ft.)
Front Yard:
(a)
(4)
(5)
(6)
Single detached dwellings: 557.4 sq. m. (6000 sq. ft.)
All uses: 12.2 m. (40 ft.)
Side Yard:
(a)
Principal Buildings:
Ten percent (10%) of the width of the parcel or 1.5 m. (5 ft.),
whichever is greater
(b)
Accessory Buildings:
i. street side of a corner site: 1.5 m. (5 ft.)
ii. all other sites: 0.9 m. (3 ft.)
Rear Yard:
(a)
Mobile Homes 2.4 m. (8 ft.)
(b)
All other principal buildings: 7.6 m. (25 ft.)
(c)
Accessory buildings: 0.9 m. (3 ft.)
Floor Area:
(a)
Apartments: 46.4 sq. m. (500 sq. ft.) per unit
(b)
All other cases: 74.3 sq. m. (800 sq. ft.)
Page 81
10.5
Maximum Limits
(1)
Coverage of Site:
All buildings together (including accessory buildings): 40% of the site.
(2)
Height of Buildings:
(3)
(a)
Apartments: 13.7 m. (45 ft.) or 3.5 storeys
(b)
All other cases: 8.5 m. (28 ft.)
Density:
(a)
Apartments: The total floor area of the building shall not exceed
the ratio of 9.3 sq. m. (100 sq. ft.) of building to every 11.6 m.
(125 sq. ft.) of site area.
10.6
(1)
The distance between two row dwelling units facing each other shall be a
minimum of 27.4 m. (90 ft.).
(2)
The distance between two row dwelling units backing onto each other
shall be a minimum of 33.5 m. (110 ft.).
(3)
A minimum of 15% of a lot containing an apartment or row dwelling shall
be landscaped to the satisfaction of the Development Authority.
(4)
are necessary having regard to the nature of a proposed development
(5)
Notwithstanding the above regulations, any apartment projects shall
satisfy the Development Authority as to:
(a)
Provision for garbage storage, with appropriate access;
(b)
Access for fire engines;
(c)
Light between buildings;
(d)
Privacy for dwelling units in and adjacent to the development;
Page 82
(e)
Orientation of building(s) and general appearance of project;
(f)
Safe pedestrian access to and from the public sidewalk fronting the
building; and
(g)
Adequate lighting of parking areas.
Page 83
SECTION 11
11.1
COMMERCIAL DISTRICT (C)
Purpose
The purpose of this district is to provide an area for the sale of goods and services
for the entire Village.
11.2
(1)
Permitted Uses:
- convenience food store
- financial institution
- grocery store
- hotels
- motel
(2)
- professional office
- professional service
- restaurant
- retail commercial establishment
- tourist information facility
11.3
Discretionary Uses:
- auto body and paint shop
- caretaker’s residence
- clothing cleaning establishment
- drive-in restaurant or drive
through facility
- liquor store
- motel / hotel
- park or playground
- place of worship
- repair shop
- service station
- signs
- storage facility
In addition to the general land use regulations and provisions contained Sections
6 and 7; the following regulations shall apply to development in this district.
11.4
(1)
Area of Site: 232.2 sq. m. (2500 sq. ft.)
(2)
Width of Site: 7.6 m. (25 ft.)
(3)
Front Yard: None, except where deemed necessary by the Development
Authority
Page 84
(4)
(5)
Side Yard:
(a)
Side yard adjacent to a residential district: 1.5 m. (5 ft.)
(b)
All other sites: None if a firewall is provided, but if a side yard is
provided it must be a minimum of 1.2 m. (4 ft.)
Rear Yard: At the discretion of the Development Authority
11.5
Maximum Limits
(1)
Building Height: 11 m. (36 ft.). Any proposal over that limit is at the
discretion of the Development Authority in consultation with the Fire
Chief.
(2)
Signs:
(a)
All commercial signs shall be designed to the satisfaction of the
(b)
Signs shall not exceed the maximum height requirements of
structures in this district.
(c)
A sign perpendicular to its business establishment frontage shall
not protrude past the edge of the sidewalk fronting the
establishment. If there is no sidewalk, a sign shall not extend more
than 1.5 m. (5 ft.) in front of the main structure.
(d)
Bulletin boards may be placed and maintained in this district
providing they are mounted flush to the front wall of the building.
11.6
(1)
Screening and Fencing:
(a)
All sites abutting a residential district shall be screened from the
view of the residential district to the satisfaction of the
(b)
All apparatus on the roof of any building shall be screened to the
satisfaction of the Development Authority.
Page 85
(c)
Outside storage areas shall be screened from adjacent sites and
public thoroughfares to the satisfaction of the Development
Authority.
(2)
Building and Landscaping: The design, construction, landscaping and
architectural appearance of any building is subject to the satisfaction of
the Development Authority.
(3)
are necessary having regard to the nature of the proposed development
Page 86
SECTION 12
12.1
INDUSTRIAL DISTRICT (M)
Purpose
The purpose of this district is to allow for establishment and operation of
industrial activity
12.2
(1)
Permitted Uses:
- auto body and paint shop
- auto services
- gas bar
- municipal utility facility
- storage facility
12.3
(2)
Discretionary Uses:
- caretaker’s residence
- equipment repair and storage
- forest-based industry
- grain elevator
- industrial general
- industrial plant
- lumber yard
- pulp mill
- sewage treatment plant
- signs
- small scale industrial/
manufacturing
- water treatment facility
- welding shop
In addition to the general land use regulations and provisions contained in
Sections 6 and 7 the following regulations shall apply to every development in
this district.
12.4
(1)
(2)
(3)
Front Yard: 6 m. (20 ft.)
Page 87
(4)
Side Yard: None if a firewall is provided, but if a side yard is provided it
must be a minimum of 1.5 m. (5 ft.)
(5)
Rear Yard: At the discretion of the Development Authority.
12.5
Maximum Limits
(1)
Height of Building:
(2)
(a)
Grain elevators: 45.7 m. (150 ft.)
(b)
Signs:
(a)
The location and appearance of a sign shall be subject to the
(b)
No sign shall exceed 9.3 sq. m. (100 sq. ft.) in area.
12.6
(1)
A minimum of 15% of the site shall be landscaped to the satisfaction of
the Development Authority. The entire site shall be maintained in a neat
and orderly fashion to the satisfaction of the Development Authority.
(2)
All sites abutting a residential district shall be screened from view of the
residential district to the satisfaction of the Development Authority.
(3)
are necessary having regard to the nature of a proposed development and
the intent of this district.
Page 88
SECTION 13
13.1
INSTITUTIONAL DISTRICT (I)
Purpose
The purpose of this district is to permit the establishment of facilities which,
under public franchise, ownership, or private enterprise operates for the public
convenience and necessity. Such facilities may provide public services, such as
utilities, health care, education, recreational facilities, religious activities, cultural
activities etc.
13.2
(1)
Permitted Uses:
-none specified
13.3
(2)
Discretionary Uses:
- fire hall
- grain elevator
- group home
- hospital
- place of worship
- school
- signs
In addition to the general land use regulations and provisions contained in
Sections 6 and 7 the following regulations shall apply to every development in
this district.
13.4
(1)
(2)
(3)
Front Yard: 6 m. (20 ft.)
Page 89
(4)
Side Yard: None if a firewall is provided, but if a side yard is provided it
must be a minimum of 1.5 m. (5 ft.)
(5)
Rear Yard: 6 m. (20 ft.)
13.5
Maximum Limits
(1)
Height of Building:
(2)
(a)
Grain elevators: 45.7 m. (150 ft.)
(b)
Signs:
(a)
The location and appearance of a sign shall be subject to the
(b)
No sign shall exceed an area of 9.3 sq. m. (100 sq. ft.).
13.6
(1)
A minimum of 15% of the site shall be landscaped to the satisfaction of
the Development Authority. The entire site shall be maintained in a neat
and orderly fashion to the satisfaction of the Development Authority.
(2)
All sites abutting a residential district shall be screened from view of the
residential district to the satisfaction of the Development Authority.
(3)
The Development Authority may decide on other requirements having
regard to the nature of a proposed development and the intent of this
district.
Page 90
SECTION 14
14.1
AGRICULTURAL-URBAN RESERVE DISTRICT (A-UR)
Purpose
The purpose of this district is to provide for the continuation of existing rural
areas until urban subdivision and development is pre-planned in the framework
of an approved Area Structure Plan
14.2
(1)
Permitted Uses:
- agricultural uses except the
raising of any livestock
- farm building
- market gardening
- public use or civic use
- recreational area outdoor
14.3
(2)
Discretionary Uses:
- accessory use or structure
- modular building
- mobile home
- natural resource extraction
- R.V. campground
- school reserve
- sewage lagoon
- temporary structure
- water treatment facility
contained in Sections 6 and 7, the following regulations shall apply to every
development in this district.
14.4
(1)
Front Yard: 7.6 m. (25 ft.)
(2)
Side Yard: 4.6 m. (15 ft.)
(3)
Rear Yard: At the discretion of the Development Authority.
(4)
Height of Buildings: At the discretion of the Development Authority.
Page 91
14.5
(1)
Notwithstanding any other provision in this Bylaw, no person shall use
land in this district for an intensive livestock operation (i.e. chicken
hatchery or hog farm).
(2)
The Development Authority may add other requirements as necessary.
Page 92
SECTION 15
15.1
ADOPTION
Repeal of Existing Bylaw
The existing Village of Hines Creek Land Use Bylaw No. 482 and all amendments
thereto are hereby repealed.
15.2
Effective Date
The adoption of this Bylaw No. 546-11 is effective upon the date of the passing of
the third and final reading.
Page 93
LAND USE BYLAW
SCHEDULES
LAND USE BYLAW
SCHEDULE “A”
FORMS AND NOTICES
Form A: Development Permit Application
Form B: Notice of Development Permit Decision – Approval
Form C: Notice of Development Permit Decision – Refusal
Form D: Compliance Certificate Form
Form E: Development Appeal Form
Form F: Notice of Development Appeal Board Hearing
Form G: Notice of Development Appeal Board Decision
Form H: Application to Amend the Land Use Bylaw
Form I: Stop Order
Form J: Development Permit Amendment Form
Form K: Right of Entry Form
FORM A
Development Permit Application No.
Office Use Only
Development Officer,
Village of Hines Creek,
Box 421
Hines Creek AB, T0H 2A0
I hereby make application under the provisions of the Land Use Bylaw No. 546-11 for a Development
Permit in accordance with the plans and supporting documentation submitted herewith and which form
part of this application. A site plan sketch that includes all relevant detail to the proposed
development must be submitted with this application. A Development Permit is automatically
effective seventeen (17) days after its approval unless an appeal is lodged with the Development Appeal
Board.
Applicant name:
Telephone:
Address:
Name of registered owner if different from applicant:
Address:
Telephone: _______________________________
Registered Plan or Certificate of Title:
Lot:
Block:
Parcel Dimensions: Area:
Land Use District:
Adjacent Major Primary Hwy #:
Plan:
Length:
Width:
% Occupied:
Adjacent Minor Primary Hwy #:
Development Application For:
Principal Use:
Setbacks Front:
Height of Building:
Sides:
Rear:
Accessory Use:
Setbacks Front:
Height of Building:
Sides:
Rear:
Estimated Dates of Commencement and Completion:
Construction Costs:
Date:
Signature of Applicant and/or Agent:
Signature of registered owner if different from applicant:
Date of Decision:
Signature of Development Officer:
Date of Issue of Development Permit:
FORM B
Application No.____________
(Office Use Only)
Box 421
Notice of Development Permit Decision APPROVAL
Applicant:
Address:
Application for development of:
(address of property)
Further, described as Lot:
Block:
Plan:
for the purpose of
has been:
 APPROVED
 APPROVED, subject to the following conditions:
The issuance of a Development Permit is subject to the condition that it does not become effective until
seventeen (17) days after the date of this issue of the notice of decision. Should this decision be
appealed within fourteen (14) days after the notice of decision, the Development Permit shall be null and
void.
Date of Decision:
Note:
The Land Use Bylaw provides that any person claiming to be affected by a decision of the
Development Officer may appeal to the Development Appeal Board within fourteen (14) days
after notice of decision is given. Development approval lapses and is automatically void if the
development authorized is not commenced within twelve (12) months from the date of issuing the
permit.
FORM C
Application No.__________
(Office Use Only)
Notice of Development Permit Decision REFUSAL
Applicant:
Address:
You are hereby notified that your application for a Development Permit with regard to the following:
Address of Property:
Lot:
Block:
Plan:
for the purpose of:
Has been REFUSED for the following reasons:
You are further notified that you may appeal this decision to the Development Appeal Board. Such an
appeal shall be made in writing and shall be delivered to the Secretary of the Development Appeal Board
(Box 421, Hines Creek, Alberta, T0H 2A0) not later than fourteen (14) days following the date of issue of
this notice. The notice of appeal shall contain a statement of the grounds of appeal.
Date of Decision:
FORM D
COMPLIANCE CERTIFICATE FORM
Name of applicant:
Company (if applicable):
Address of applicant:
Telephone: Work
Home:
Fax:
Email:
Telephone: Work
Home:
Fax:
Email:
Legal Description:
Lot:
Block:
Plan:
Property Address:
Amendment to Bylaw required:
Yes
No
If yes please fill Form J and attach to this Form
In addition to the above information, Real Property Reports (RPR) submitted with the application
must show on-site parking and sheds of all sizes. Photocopies will not be accepted.
(Date)
(Date)
Mail or Deliver to:
(applicant signature)
(registered owner signature if different from applicant)
Box 421
Date Received:
Application No.:
(FOR OFFICE USE ONLY)
FORM E
DEVELOPMENT APPEAL FORM
Name of appellant:
Address of appellant:
Telephone: Work
Home
Name of registered owner if different from appellant:
Address of registered owner:
Telephone: Work
Home
Notice is hereby given to the Development Appeal Board of this appeal against the
decision (date)
of the Development Officer regarding
Development Proposal (description)
Location (legal)
Type of use
Decision
Reasons for Appeal:
(Date)
(Date)
CONTINUED ON PAGE 2:
(please feel free to attach additional sheets, if required)
(appellant signature)
(registered owner signature if different from appellant)
FORM E
THIS FORM MUST REACH THE SECRETARY NO LATER THAN FOURTEEN (14) DAYS
AFTER THE DATE OF NOTIFICATION BY THE DEVELOPMENT OFFICER.
Mail or Deliver to:
Secretary,
Development Appeal Board,
Box 421
Hines Creek AB T0H 2L0
Date Received:
Appeal No.:
Hearing Date:
FORM F
Appeal Hearing File No. _______________
(Office Use Only)
Notice of Development Appeal Board Hearing
This is to notify you that an appeal has been made to the Development Appeal Board against a decision
in respect of Development Permit Application No.
which involves development
described as follows:
Legal Description: Lot
,
Block
,
Plan
for the purpose of:
The decision of the Development Officer was:
 APPROVED
 APPROVED, subject to the following conditions
 REFUSAL, for the following reasons:
Any person affected by the proposed development has the right to present a written brief to the hearing
and to be present and be heard at the hearing. Persons requiring to be heard at the meeting shall submit
a written brief to the Secretary of the Development Appeal Board no later than (date)
Date of Hearing:
Place of Hearing:
Date
Signature of Secretary, Development Appeal Board.
FORM G
Appeal Hearing File No. _______________
(Office Use Only)
Notice of Development Appeal Board Decision
This is to notify that an appeal against Development Permit Application No.
was considered by the Development Appeal Board on (date).
The decision of the Development Appeal Board with regard to the appeal is as follows and for the
following reasons:
Date
Note:
Signature of Chairman, Development Appeal Board
A decision of the Development Appeal Board is final and binding on all parties and persons and
subject only to an appeal upon a question of jurisdiction or law pursuant to the Municipal
Government Act. An application for leave to appeal to the Appellate Division of the Courts of
Queens Bench of Alberta shall be made:
a) to a judge of the Appellate Division, and
b) within 30 days after the issue of the order, decision, permit or approval sought to be
appealed.
FORM H
Application No. _____________
(Office Use Only)
Box 421
Application to Amend the Land Use Bylaw
I/We hereby make application to amend the Village of Hines Creek Land Use Bylaw.
Name:
Telephone:
________
Address:
Name of land owner if different from applicant:
Telephone:
Address:
Legal: Lot:
________________________
Block:
Plan:
Certificate of Title:
AMENDMENT PROPOSED
From:
To:
Reasons in support of this Application for Amendment:
I/We enclose $
(Date)
being the application fee.
(applicant signature)
______
(Date)
(registered owner signature if different from applicant)
FORM I
Application No. ___________
(Office Use Only)
STOP ORDER
This order is issued to:
In respect to development involving:
On land located at:
1/4 Sec.
or;
Lot
Block
or;
Certificate of Title No.
Twp.
Rge.
W6M
Registered Plan No.
You are hereby ordered to:
STOP THE DEVELOPMENT
DEMOLISH/REMOVE/REPLACE THE DEVELOPMENT
AND/OR TAKE THE FOLLOWING ACTION
As the development is in contravention of:
This order shall be complied with by
, 20
Failure or refusal to comply with this order may result in a person or persons appointed by the Council
entering upon the land or building and taking any action necessary to carry out the order. In such
circumstances, the Council shall cause the costs incurred to be placed on the tax roll as an additional tax
against the property concerned.
You may appeal this order by giving notice in writing to the Secretary of the Development Appeal Board
for the Village of Hines Creek. The notice must contain the reasons for the appeal.
Dated this
day of
SIGNATURE OF DEVELOPMENT OFFICER
, 20
FORM J
DEVELOPMENT PERMIT AMENDMENT FORM
Name of Applicant:
Address of Applicant:
Telephone: Work
Home
Address of registered owner:
Telephone: Work
Home
Notice is hereby given to the Development Authority of this request for amendment to the
Development Proposal (description):
Location (legal)
Type of use
Reasons for Adjustment:
(please feel free to attach additional sheets, if required)
Proposed variances (to the bylaw)
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
Reason for proposed variances (to the bylaw)
___________________________________________________________________________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
FORM J
Impact of variance on adjacent properties ________________
______________________________
___________________________________________________________________________________________
___________________________________________________________________________________________
(Date)
(Date)
(signature of applicant or authorized person)
(signature of registered owner if different from applicant)
THIS FORM MUST REACH THE SECRETARY NO LATER THAN FOURTEEN (14) DAYS
AFTER THE DATE OF NOTIFICATION BY THE DEVELOPMENT OFFICER.
Mail or Deliver to:
Secretary,
Development Appeal Board,
Box 421
Hines Creek AB, T0H 2L0
Date Received:
Appeal No.:
Hearing Date:
FORM K
RIGHT OF ENTRY FORM
Box 421
Hines Creek AB, T0H 2L0
RIGHT OF ENTRY BY AN AUTHROIZED PERSON OF THE VILLAGE OF HINES
CREEK FOR THE PURPOSES OF A SITE INSPECTION OF THE LAND AFFECTED
BY A PRPOSED DEVELOPMENT PERMIT APPICATION.
_________________________________________________________________________________________________
The Municipal Government Act, Revised Statutes of Alberta 2000, Part 17, Section
542(1) states if this or any other enactment or a bylaw authorized or requires anything to
be inspected, remedied, enforced or done by a municipality, a designated officer of the
municipality may, after given reasonable notice to the owner or occupier of land or the
structure to be entered to carry out the inspection, remedy, enforcement or action,
(a) enter on the land or structure at any reasonable time, and carry out the inspection,
enforcement or action authorized or required by the enactment or bylaw,
(b) request anything to be produced to assist in the inspection, remedy, enforcement or
action, and
(c) make copies of anything related to the inspection, remedy, enforcement or action.
_____________________________________________________________________
I DO_______ OR DO NOT___________ GIVE CONSENT FOR AN
AUTHORIZED PERSON OF THE VILLAGE OF HINES CREEK TO ENTRE UPON THE
LAND THAT IS SUBJECT TO A DEVELOPMENT PERMIT APPICATION FOR THE
PURPOSES OF MAKING A SITE INSPECTION IN ORDER TO EVALUATE THE
PRPOSED DEVELOPMENT PERMIT APPLICATION.
SUBJECT LAND: _______________________________________________________
Name of applicant name: ____________________________
Date: _____________
Signature of applicant: ____________________________________________________
(If different from applicant)
Name of registered owner: _____________________________
Date: ____________
Signature of registered owner: ______________________________________________
LAND USE BYLAW
SCHEDULE “B”
BYLAW AMENDMENTS
List of Amendments
DATE
BYLAW
NUMBER
PURPOSE
LAND USE BYLAW
SCHEDULE “C”
LAND USE BYLAW DISTRICTS MAP
DRAINAGE DITCH
LOT A
SEWAGE LAGOON
CA
16
SW5 84-4-6
NA
DIA
NN
IO
AT
NA
LR
RANGER STATION
Y
WA
AIL
County of
A-UR
L3
LOT C
Clear Hills
SW5 84-4-6
LOT 1
SE6 84-4-6
SE5 84-4-6
SW5 84-4-6
25
M.D. 136
M.D. of
Opportunity
No. 17
Land Uses
M.D.
135
Saddle Hills
2
A-UR
1
County
8
SEWAGE LIFT
STATION SITE
12
6
13
15
5
SE6 84-4-6
4
17
3
14
M.D. of
Big Lakes
MD of
Lesser Slave
River No. 124
Residential (R2)
M.D. 16
I
11
7
M.D. 130
County of
Grande Prairie
10
9
Residential (R)
Birch Hills
County
R
12 ST
I
County
Hines Creek
(
!
4
3
Northern Sunrise
County
SE6
LOT A
Land Use Bylaw No. 546 - 11
Mackenzie County
Northern Lights
LOT D
NUISANCE
GROUND
Commercial (C)
LOT 2
Industrial (M)
15
4
15
3
16
2
17
Institutional (I)
18
1
2
11 ST
12
18
1
2
3
4
5
7
6
8
9
10
1
2
3
4
1
5
20
24
10
11 12
R
6
5
4
3
2
3
13
1
2
8
9
11
10
4
5
21
1
21
6
7
3
3 AVE W
9
4 AVE W
23
8
2
22
4
5
6
7
NE31 83-4-6
2
3
4
6
5
2
ZAVISHA ST
8
7
9
2
14
4
3
17
6
5
Agriculture - Urban Reserve (A-UR)
SE5 84-4-6
10 ST
2
6
2
5
1
2
4
ST
10
5
13
1
2
3
4
4
3
4
2
6
8
1
4
6
1
4
16
CA
15
DIA
VE
1 A
NA
9
1
1
5
13
R
NN
IO
AT
5
NA
3
LR
16
4
7
14
12
6
8
9
11
2
1
20
15
3
6
7
10
R2
19 18 17
16 15 14
2
SERVICE ROAD
13 12
14
1
2
3
4
5
7
6
7
8
9
2
10
Original Signed By:
1
14
7
MAYOR: Ashley Zavisha
14
6
13
12
11
10
I
11
8MR
Original Signed By:
9
10
8
Map 1: Land Use Bylaw Districts
Adopted by Council this 28th day of August, 2012
11
CHIEF ADMINISTRATIVE OFFICER: Lelia Sumner
ST
9
10
Y
WA
12
8
3
6
11
13
7
13
5
5
12
12
8
2
5
16
9
13
8
13
7
3
15
8
14
7
14
15
76
9
6
4
15 14
GH
HI
Y
WA
AIL
5
5
9
2
13
4
17
5
7
15
15
6
10
16
16
8
17
1
17 16
13
4
10
4
19
17
17
18
2
18
3
20
4
8
4
3
15
2
18
18
3
19
6
19 18
9 ST
19
1
3
2
20
1
5
12
20
19
11
2
9
2
1
20
10
10
20
12
10
1
11
7
1
ST
9
7
4
6
11
9
4
8
12
111312
511
9
8
8
I
12
11
14
8
57
10
7
VE
2 A
1
1
9
12
11 10
12
14
4
5
13
15
3
1
2
3
3
14
16
VE
5 A
7
5
1
6
1
3
4
9MR
17
8A
VE
3 A
3
GOV'T ROAD ALLOWANCE
18
3
5
4
NE31 83-4-6
14
2
14
5
4
3
7A
6
3
5
25
2
1
2
6
M
10
1
13
18
19
17
20
16
21
15
22
14
23
13
24
12
25
11
26
10
9
2
8
3
4
5
6
7
8
22
C
VE
4 A
24
1
R
Y
WA
2
1
7
8
AD
3
7
RO
4
6
5 AVE W
5
1
7 AVE
1
6 AVE
19
11
9
1
1
Amendments
64
10
NE32 83-4-6
NW32 83-4-6
A-UR
Bylaw No.
Bylaw No.
Date
Date
CNR
LOT B
M
LOT A
NA
LC
DIA
NN
SE32
IO
AT
A
µ
CA
NW32 83-4-6
Adopted: August 28, 2012
0
50 100
200
300
NA
LR
Metres
Y
WA
AIL
SW32 83-4-6
400
500

land use bylaw - Village of Hines Creek

Transcription

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