MUNICIPAL DISTRICT OF FOOTHILLS NO. 31

LAND USE BYLAW

OFFICE CONSOLIDATION

Note: Land Use Bylaw No. 1/99 was adopted by the Municipal District Council on September 30, 1999 and became effective on that date. It replaced Land Use Bylaw No. 566 which was simultaneously rescinded on that date. This Bylaw is subject to change by Council. A current listing of any and all amendments can be obtained from the Municipal District office. This document has been consolidated for convenience only. The official Bylaw and amendments thereto, available from the Municipal Office, should be consulted for all purposes of interpretation and application. Questions concerning the interpretation and application of this Bylaw should be directed to the Planning Department of the Municipal District of Foothills. (Updated January 29, 2014)

1/29/2014 LUB / Page 1

MUNICIPAL DISTRICT OF FOOTHILLS NO. 31 LAND USE BYLAW

TABLE OF CONTENTS

SECTION PAGE TABLE OF CONTENTS 2- 7 SECTION 1.0.0 SHORT TITLE ....................................................................... 8 SECTION 2.0.0 INTERPRETATION ............................................................... 8 SECTION 3.0.0 DEFINITIONS ..................................................................... 8-17 SECTION 4.0.0 APPLICABILITY OF BYLAW AND PERMITS ..................... 18 4.1.0 DEVELOPMENT PERMITS REQUIRED .............................................................. 18 4.2.0 DEVELOPMENT PERMITS NOT REQUIRED ....................................................18-23 4.3.0 APPLICATIONS FOR A DEVELOPMENT PERMIT ...........................................23-26 4.4.0 COMPLIANCE WITH OTHER BYLAWS AND REGULATIONS ........................... 26 SECTION 5.0.0 DEVELOPMENT AUTHORITY ............................................. 27 5.1.0 DEVELOPMENT OFFICER .................................................................................. 27 SECTION 6.0.0 POWERS AND DUTIES OF DEVELOPMENT AUTHORITY ... 28 6.1.0 DEVELOPMENT OFFICER .................................................................................. 28 6.2.0 TYPES OF DEVELOPMENT PERMITS THAT MAY BE ISSUED ........................ 28 6.3.0 CONDITIONS .....................................................................................................29-32 6.4.0 GENERAL ....................................................................................................... 32 6.5.0 DEVELOPMENT REFERRALS ............................................................................. 33 6.6.0 VARIANCE .....................................................................................................33-34 6.7.0 RE-APPLICATION ................................................................................................ 34 SECTION 7.0.0 ISSUANCE OF DEVELOPMENT PERMITS AND NOTICES ... 35 7.1.0 DEVELOPMENT PERMITS ................................................................................35-36 7.2.0 FORMS, NOTICES AND FEES ............................................................................ 36 SECTION 8.0.0 CONTRAVENTION .............................................................. 37 SECTION 9.0.0 ESTABLISHMENT OF DISTRICTS ..................................... 38 9.1.0 LAND USE DISTRICTS ........................................................................................ 38 9.2.0 DISTRICTS .....................................................................................................38-39 SECTION 10.0.0 GENERAL LAND USE REGULATIONS AND PROVISIONS .. 40 10.1.0 LOT DIMENSIONS ................................................................................................ 40 10.2.0 SPECIAL SETBACK REQUIREMENTS ............................................................... 40

1/29/2014 LUB / Page 2

10.3.0 HEIGHT OF BUILDINGS ....................................................................................40-41 10.4.0 UTILITIES ....................................................................................................... 42 10.5.0 PARKING AND LOADING FACILITIES ..............................................................42-43 10.6.0 ACCESSORY BUILDINGS ................................................................................... 44 10.7.0 LANDSCAPING AND FENCING .........................................................................44-46 10.8.0 HOME BASED BUSINESSES ............................................................................46-47 10.9.0 BED AND BREAKFAST ........................................................................................ 47 10.10.0 RELOCATION OF BUILDINGS ............................................................................. 47 10.11.0 SIGN CONTROL REGULATIONS ......................................................................48-53 10.12.0 KEEPING OF DOGS / KENNELS .......................................................................53-54 10.13.0 AGRICULTURAL USES ......................................................................................55-57 10.14.0 NON-CONFORMING USES AND NON-CONFORMING BUILDINGS ...............57-60 10.15.0 LAND SUBJECT TO FLOODING ........................................................................60-61 10.16.0 DESIGNATED MANUFACTURED HOMES & DWELLING TEMPORARY ........... 61 10.17.0 DETACHED SINGLE FAMILY DWELLINGS ON THE SAME SITE ..................... 62 10.18.0 DENSITY AND PARCEL SIZE EXEMPTIONS ..................................................... 62 10.19.0 BOUNDARY ADJUSTMENTS .............................................................................. 63 10.20.0 ROAD ALLOWANCES, ROAD PLANS, OR RAILWAY PLANS ........................... 63 10.21.0 TELECOMMUNICATION TOWERS ..................................................................... 63 10.22.0 CONFINED FEEDING OPERATIONS ................................................................63-64 10.23.0 LOT GRADING AND DRAINAGE…………………………………………………….64 SECTION 11.0.0 ENVIRONMENTAL PROTECTION DISTRICT ..................... 69 11.1.0 PURPOSE AND INTENT ...................................................................................... 69 11.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ......................................... 69 11.3.0 GENERAL REQUIREMENTS ............................................................................... 69 11.4.0 MINIMUM REQUIREMENTS ..............................................................................69-70 11.5.0 MAXIMUM LIMITS ................................................................................................ 70 11.6.0 SUBDIVISION DESIGN REQUIREMENTS ........................................................70-71 11.7.0 SPECIAL REQUIREMENTS ................................................................................. 71 11.8.0 BYLAW LIST ....................................................................................................... 71 SECTION 12.0.0 AGRICULTURAL DISTRICT ................................................ 72 12.1.0 PURPOSE AND INTENT ...................................................................................... 72 12.2.0 LIST OF PERMITTED AND DISCRETIONARY USES .......................................72-73 12.3.0 GENERAL REQUIREMENTS ............................................................................... 73 12.4.0 MINIMUM REQUIREMENTS ..............................................................................73-74 12.5.0 MAXIMUM LIMITS ................................................................................................ 74 12.6.0 SUBDIVISION DESIGN REQUIREMENTS .......................................................... 74 12.7.0 SPECIAL REQUIREMENTS ................................................................................. 75 12.8.0 BYLAW LIST ....................................................................................................... 75 SECTION 13.0.0 COUNTRY RESIDENTIAL/CLUSTER RESIDENTIAL DISTRICT 76 13.1.0 PURPOSE AND INTENT ...................................................................................... 76 13.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ......................................... 77 13.3.0 GENERAL REQUIREMENTS .............................................................................77-78 13.4.0 MINIMUM REQUIREMENTS ..............................................................................78-79 13.5.0 MAXIMUM LIMITS ..............................................................................................78-79 13.6.0 SUBDIVISION DESIGN REQUIREMENTS .......................................................... 79 13.7.0 BYLAW LIST ....................................................................................................... 80

1/29/2014 LUB / Page 3

SECTION 14.0.0 HAMLET RESIDENTIAL DISTRICT .................................... 81 14.1.0 PURPOSE AND INTENT ...................................................................................... 81 14.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ......................................... 81 14.3.0 GENERAL REQUIREMENTS ............................................................................... 81 14.4.0 MINIMUM REQUIREMENTS ..............................................................................81-82 14.5.0 MAXIMUM LIMITS ................................................................................................ 83 14.6.0 SUBDIVISION DESIGN REQUIREMENTS ........................................................83-84 14.7.0 BYLAW LIST ....................................................................................................... 84 SECTION 15.0.0 RECREATION DISTRICT..................................................... 85 15.1.0 PURPOSE AND INTENT ...................................................................................... 85 15.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ......................................... 85 15.3.0 GENERAL REQUIREMENTS ............................................................................... 85 15.4.0 MINIMUM REQUIREMENTS ................................................................................ 86 15.5.0 MAXIMUM LIMITS ..............................................................................................86-87 15.6.0 SUBDIVISION DESIGN REQUIREMENTS .......................................................... 87 15.7.0 BYLAW LIST ....................................................................................................... 87 SECTION 16.0.0 COMMERCIAL DISTRICT.................................................... 88 16.1.0 PURPOSE AND INTENT ...................................................................................... 88 16.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ......................................... 88 16.3.0 GENERAL REQUIREMENTS ............................................................................... 89 16.4.0 MINIMUM REQUIREMENTS ................................................................................ 89 16.5.0 MAXIMUM LIMITS ................................................................................................ 90 16.6.0 SUBDIVISION DESIGN REQUIREMENTS .......................................................... 90 16.7.0 BYLAW LIST ....................................................................................................... 90 SECTION 17.0.0 INDUSTRIAL DISTRICT ...................................................... 91 17.1.0 PURPOSE AND INTENT ...................................................................................... 91 17.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ......................................... 91 17.3.0 GENERAL REQUIREMENTS .............................................................................91-92 17.4.0 MINIMUM REQUIREMENTS ................................................................................ 92 17.5.0 MAXIMUM LIMITS ................................................................................................ 93 17.6.0 SUBDIVISION DESIGN REQUIREMENTS .......................................................... 93 17.7.0 BYLAW LIST ....................................................................................................... 93 SECTION 18.0.0 RESIDENTIAL MANUFACTURED HOME PARK DISTRICT (MHP) ...... 94 18.1.0 PURPOSE AND INTENT ...................................................................................... 94 18.2.0 LIST OF PERMITTES USES ................................................................................ 94 18.3.0 LIST OF DISCRETIONARY USES ....................................................................... 94 18.4.0 GENERAL REQUIREMENTS ............................................................................... 94 18.5.0 MINIMUM REQUIREMENTS ..............................................................................94-95 18.6.0 MAXIMUM LIMITS ................................................................................................ 95 18.7.0 SITE DEVELOPMENT AND OPERATIONAL REQUIREMENTS .......................95-98 18.8.0 OTHER REQUIREMENTS .................................................................................... 98 SECTION 19.0.0 DIRECT CONTROL DISTRICT #1 (DC1) ............................. 99 19.1.0 PURPOSE AND INTENT ...................................................................................... 99

1/29/2014 LUB / Page 4

19.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ......................................... 99 19.3.0 REQUIREMENTS ................................................................................................. 99 19.4.0 PROCEDURE ....................................................................................................99-100 SECTION 20.0.0 DIRECT CONTROL DISTRICT #2 (DC2) ............................ 101 20.1.0 PURPOSE AND INTENT ..................................................................................... 101 20.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 101 20.3.0 REQUIREMENTS ................................................................................................ 102 20.4.0 PROCEDURE ...................................................................................................... 102 SECTION 21.0.0 DIRECT CONTROL DISTRICT #3 (DC3) ............................ 103 21.1.0 PURPOSE AND INTENT ..................................................................................... 103 21.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 103 21.3.0 REQUIREMENTS ................................................................................................ 103 21.4.0 PROCEDURE .................................................................................................. 103-104 SECTION 22.0.0 DIRECT CONTROL DISTRICT #4 (DC4) ............................ 105 22.1.0 PURPOSE AND INTENT ..................................................................................... 105 22.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 105 22.3.0 REQUIREMENTS ................................................................................................ 105 22.4.0 PROCEDURE ...................................................................................................... 105 SECTION 23.0.0 DIRECT CONTROL DISTRICT #5 (DC5) ............................ 106 23.1.0 PURPOSE AND INTENT ..................................................................................... 106 23.2.0 LIST OF PERMITTED AND DISCRETIONARY USES .................................... 106-107 23.3.0 SPECIAL REQUIREMENTS ................................................................................ 107 23.4.0 REQUIREMENTS ................................................................................................ 107 23.5.0 MINIMUM REQUIREMENTS ............................................................................... 107 23.6.0 MAXIMUM LIMITS ............................................................................................... 107 23.7.0 OTHER .................................................................................................. 108-110 23.8.0 AIRPORT AREA MAP .......................................................................................... 111 23.9.0 HEIGHT LIMITATIONS .................................................................................... 113-115 SECTION 24.0.0 DIRECT CONTROL DISTRICT #6 (DC6) ............................ 116 24.1.0 PURPOSE AND INTENT ..................................................................................... 116 24.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 116 24.3.0 REQUIREMENTS ................................................................................................ 116 24.4.0 PROCEDURE .................................................................................................. 117-118 SECTION 25.0.0 DIRECT CONTROL DISTRICT #7 (DC7) ............................ 119 25.1.0 PURPOSE AND INTENT ..................................................................................... 119 25.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 119 25.3.0 GENERAL .................................................................................................. 119-120 SECTION 26.0.0 DIRECT CONTROL DISTRICT #8 (DC8) ............................ 120 26.1.0 PURPOSE AND INTENT ..................................................................................... 120 26.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 120 26.3.0 REQUIREMENTS ................................................................................................ 120 26.4.0 PROCEDURE ...................................................................................................... 121

1/29/2014 LUB / Page 5

26.5.0 MINIMUM REQUIREMENTS ............................................................................... 122 SECTION 27.0.0 DIRECT CONTROL DISTRICT #9 (DC9) ............................ 123 27.1.0 PURPOSE AND INTENT ..................................................................................... 123 27.2.0 STATUTORY PLANS ........................................................................................... 123 27.3.0 DEVELOPMENT PERMITS ................................................................................. 123 27.4.0 DEVELOPMENT STANDARDS ....................................................................... 123-124 27.5.0 DEFINITIONS .................................................................................................. 124-125 SECTION 28.0.0 DIRECT CONTROL DISTRICT #10 (DC10) ........................ 126 28.1.0 PURPOSE AND INTENT ..................................................................................... 126 28.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 126 28.3.0 REQUIREMENTS ................................................................................................ 127 28.4.0 PROCEDURE ...................................................................................................... 127 28.5.0 MINIMUM REQUIREMENTS – GENERAL .......................................................... 127 28.6.0 SPECIAL PROVISIONS ................................................................................... 127-129 28.7.0 DEFINITIONS .................................................................................................. 129-130 SECTION 29.0.0 DIRECT CONTROL DISTRICT #11 (DC11) ........................ 131 29.1.0 PURPOSE AND INTENT ..................................................................................... 131 29.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 131 29.3.0 REQUIREMENTS ................................................................................................ 131 29.4.0 MINIMUM REQUIREMENTS ............................................................................... 132 29.5.0 MAXIMUM LIMITS ............................................................................................... 132 29.6.0 PROCEDURE .................................................................................................. 132-133 SECTION 30.0.0 DIRECT CONTROL DISTRICT #12 (DC12) ........................ 134 30.1.0 PURPOSE AND INTENT ..................................................................................... 134 30.2.0 LIST OF PERMITED AND DISCRETIONARY USES .......................................... 134 30.3.0 REQUIREMENTS ................................................................................................ 134 30.4.0 PROCEDURE ...................................................................................................... 134 30.5.0 MINIMUM REQUIREMENTS ........................................................................... 134-135 SECTION 31.0.0 DIRECT CONTROL DISTRICT #13 (DC13) ........................ 136 31.1.0 PURPOSE AND INTENT ..................................................................................... 136 31.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 136 31.3.0 REQUIREMENTS ................................................................................................ 136 31.4.0 PROCEDURE .................................................................................................. 136-138 SECTION 32.0.0 DIRECT CONTROL DISTRICT #14 (DC14) ........................ 139 32.1.0 PURPOSE AND INTENT ..................................................................................... 139 32.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 139 32.3.0 REQUIREMENTS ................................................................................................ 139 32.4.0 PROCEDURE ...................................................................................................... 139 32.5.0 MINIMUM REQUIREMENTS ............................................................................... 140 32.6.0 MAXIMUM LIMITS ............................................................................................... 140 32.7.0 DEFINITIONS .................................................................................................. 140-142 SECTION 33.0.0 DIRECT CONTROL DISTRICT #15 (DC15) ........................ 143

1/29/2014 LUB / Page 6

33.1.0 PURPOSE AND INTENT ..................................................................................... 143 33.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 143 33.3.0 REQUIREMENTS ................................................................................................ 143 33.4.0 PROCEDURE ...................................................................................................... 143 SECTION 34.0.0 DIRECT CONTROL DISTRICT #16 (DC16) ........................ 144 34.1.0 PURPOSE AND INTENT ..................................................................................... 144 34.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 144 34.3.0 REQUIREMENTS ................................................................................................ 145 34.4.0 PROCEDURE ...................................................................................................... 145 34.5.0 MINIMUM REQUIREMENTS – GENERAL .......................................................... 145 34.6.0 MAXIMUM LIMITS ............................................................................................... 146 34.7.0 DEFINITIONS .................................................................................................. 146-150 SECTION 35.0.0 DIRECT CONTROL DISTRICT #17 (DC 17) 151 35.1.0 PURPOSE AND INTENT ..................................................................................... 151 35.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 151 35.3.0 REQUIREMENTS ................................................................................................ 151 35.4.0 PROCEDURE ...................................................................................................... 151 35.5.0 MINIMUM REQUIREMENTS – GENERAL .......................................................... 152 35.6.0 MAXIMUM LIMITS ............................................................................................... 152 35.7.0 DEFINITIONS .................................................................................................. 152-154 SECTION 36.0.0 DIRECT CONTROL DISTRICT #18 (DC 18) ....................... 155 36.1.0 PURPOSE AND INTENT ..................................................................................... 155 36.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 155 36.3.0 REQUIREMENTS ................................................................................................ 155 36.4.0 PROCEDURE ...................................................................................................... 156 36.5.0 MINIMUM REQUIREMENTS – GENERAL .......................................................... 156 36.6.0 MAXIMUM LIMITS ........................................................................................... 156-157 SECTION 37.0.0 DIRECT CONTROL DISTRICT #19 (DC 19) ....................... 158 37.1.0 PURPOSE AND INTENT ..................................................................................... 158 37.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 158 37.3.0 REQUIREMENTS ................................................................................................ 158 37.4.0 MINIMUM REQUIREMENTS – GENERAL .......................................................... 158 37.5.0 MAXIMUM LIMITS ............................................................................................... 159 37.6.0 PROCEDURE ...................................................................................................... 159 SECTION 38.0.0 DIRECT CONTROL DISTRICT #20 (DC 20) ....................... 160 38.1.0 PURPOSE AND INTENT ..................................................................................... 160 38.2.0 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 160 38.3.0 REQUIREMENTS ................................................................................................ 160 38.4.0 PROCEDURE ...................................................................................................... 160 38.5.0 MINIMUM REQUIREMENTS – GENERAL .......................................................... 161 38.6.0 MAXIMUM LIMITS ............................................................................................... 161 SECTION 39.0.0 DIRECT CONTROL DISTRICT #21 (DC 21) ....................... 162 39.1.0 PURPOSE AND INTENT ..................................................................................... 162 39.2.1 LIST OF PERMITTED AND DISCRETIONARY USES ........................................ 162

1/29/2014 LUB / Page 7

39.3.0 REQUIREMENTS ................................................................................................ 163 39.4.0 PROCEDURE ...................................................................................................... 163 39.5.0 MINIMUM REQUIREMENTS – GENERAL .......................................................... 163 39.6.0 MAXIMUM LIMITS ............................................................................................... 163 39.7.0 DEFINITIONS ................................................................................................... 164-166 39.8.0 LOT LOCATIONS ................................................................................................. 167 SECTION 40.0.0 DIRECT CONTROL DISTRICT #22 (DC22)……………….. 168 40.1.0 PURPOSE AND INTENT……………………………………………………………… 168 40.2.0 LIST OF PERMITTED AND DISCRETIONARY USES……………………………..168 40.3.0 REQUIREMENTS……………………………………………………………………… 168 40.4.0 MINIMUM REQUIREMENTS ……………………………………………………........168 40.5.0 MAXIMUM LIMITS ………………………………………………………………………169 40.6.0 PROCEDURE ……………………………………………………………………… 169-170 SECTION 41.0.0 DIRECT CONTROL DISTRICT #23 (DC23) ………………..171 41.1.0 PURPOSE AND INTENT ………………………………………………………………171 41.2.0 LIST OF PERMITTED AND DISCRETIONARY USES …………………………….171 41.3.0 REQUIREMENTS ………………………………………………………………………171 41.4.0 PROCEDURE …………………………………………………………………………..171 41.5.0 MINIMUM REQUIREMENTS ………………………………………………………….172 41.6.0 MAXIMUM LIMITS ……………………………………………………………………...172 SECTION 42.0.0 DIRECT CONTROL DISTRICT #24 (DC24) ………………..173 42.1.0 PURPOSE AND INTENT ………………………………………………………………173 42.2.0 LIST OF PERMITTED AND DISCRETIONARY USES …………………………….173 42.3.0 REQUIREMENTS ………………………………………………………………………173 42.4.0 MINIMUM REQUIREMENTS ………………………………………………………....173 42.5.0 MAXIMUM LIMITS ……………………………………………………………………...174 42.6.0 PROCEDURE …………………………………………………………………………..174 SECTION 43.0.0 DIRECT CONTROL DISTRICT #25 (DC25) ………………..175 43.1.0 PURPOSE AND INTENT ………………………………………………………………175 43.2.0 LIST OF PERMITTED AND DISCRETIONARY USES …………………………….175 43.3.0 REQUIREMENTS ………………………………………………………………………175 43.4.0 PROCEDURE ………………………………………………………………………175-176 SECTION 44.0.0 LAND USE MAPS ............................................................... 177

1/29/2014 LUB / Page 8

PART 1 SHORT TITLE AND DEFINITIONS

Section 1.0.0 SHORT TITLE 1.1.1 This Bylaw may be cited as “The Municipal District of Foothills No.

31 Land Use Bylaw”. Section 2.0.0 INTERPRETATION 2.1.1 In this Bylaw, and any amendments made hereto, unless the

context otherwise requires, the definitions set out in Sections 3.1.1 and 3.1.2 shall be used.

Section 3.0.0 DEFINITIONS 3.1.1 In this Bylaw, “accessory building” see Uses. “act” means the Municipal Government Act, S.A. 1994, c. M-26.1 and amendments thereto. “aerodrome/airstrip (private use)” means an area of land or water, including the frozen surface thereof, or other supporting surfaces used or intended to be used either in whole or in part for the arrival and departure or servicing of aircraft and includes any building, installation, or equipment in connection therewith. “agricultural (general)” – Refer to Section 10.13.0 “agricultural (intensive)” – Refer to Section 10.13.0 “airport” means an area of land or water, including the frozen surface thereof, or other supporting surfaces used or intended to be used either in whole or in part for the arrival and departure or servicing of aircraft and includes any building, installation, or equipment in connection therewith for the whole of which an airport license has been issued by the Ministry of Transport. “antenna structures, private” means equipment designed to transmit or receive signals (electromagnetic or otherwise) for the express purpose of supporting or establishing telecommunications systems for private use only. “arena, commercial” means a building or structure within which equestrian, athletic or recreational activities or contests are carried on and intended to be used by persons

1/29/2014 LUB / Page 9

other than occupants of the residence, if any, located on the lot upon which the arena is located, which will result in the generation of more than sixteen (16) additional vehicle trips on any single day to or from the site of the arena; or use of the arena for any purpose on any single day by more than sixteen (16) persons other than occupants of the residence. “arena, limited public” means a building or structure within which equestrian, athletic, recreational activities or contests are carried on and intended to be used by persons other than occupants of the residence, if any, located on the lot upon which the arena is located, which will result in the generation of no more than sixteen (16) additional vehicle trips on any single day to or from the site of the arena or use of the arena for any purpose on any single day by no more than sixteen (16) persons other than occupants of the residence. “arena, private” means a building or structure, no more than 1,500 square meters (16,146 square fee) in size, in which equestrian, athletic or recreational activities are carried on and intended to be used solely by the occupants of the residence and/or by no more than four (4) non-resident users per day other than the occupants of the residence located on the lot upon which the arena is located. “automotive related industries”

(a) “auto body” means the painting or repairing of the interior, exterior or undercarriage of vehicle bodies for compensation and in conjunction with which there may be towing service and vehicle rentals for customers while a vehicle is under repair.

(b) “auto repair” means mechanical repairs and servicing, including the

replacement of parts to vehicles for compensation.

(c) “auto sales” means the storage or display for sale of more than three new or used vehicles. This may include the sale of new livestock trailers.

(d) “auto wreckers” means the storage, disassembly, dismantling, junking or

keeping of more than 3 unlicensed vehicles, or parts thereof, on a lot under 8.5 ha (21 acres) or more than 5 unlicensed vehicles, or parts thereof, on a lot 8.5 ha (21 acres) or greater.

(e) “car/truck wash” means the provision of facilities, including a central

water supply for washing vehicles.

(f) “service station” means the servicing and minor repairing of vehicles, including the sale of fuel, lubricating oils, and minor accessories. This use may also include a truck stop.

“bay” means a self-contained unit or part of a building which can be sold, or leased for individual occupancy. “boarding” means to pay for facilities and care for a horse.

1/29/2014 LUB / Page 10

“building” includes a structure or anything constructed or placed on, in, over or under land but does not include a highway, road or a bridge forming part of a highway or road. “building area” means the floor area of a building above grade within the outside surface of exterior walls, or within the outside surface of exterior walls and the centreline of fire walls. “building height” means the vertical distance between grade and the highest point of a building excluding: a roof stairway entrance, elevator shaft, a ventilating fan, a skylight, a steeple, a chimney, a smoke stack, a fire wall, or a parapet wall, a flag pole, or similar devices not structurally essential to the building. See Section 10.3.0 “Height of Buildings”. “campground” means a development for the purpose of providing short-term recreational accommodation not exceeding 16 days for persons using recreational vehicles or tents. “commercial communication equipment” means equipment designed to transmit or receive signals (electromagnetic or otherwise) for the express purpose of supporting or establishing telecommunications systems. “community buildings and facilities” means buildings and facilities which are available for the use and enjoyment of the inhabitants of the municipality and the rural area for the purposes of assembly, culture, and recreational activity. “confined feeding operation” Refer to Section 10.13.1 “community services” means a development for the purpose of providing educational, recreational and/or religious services and for avoidance of doubt includes Agricultural Society Grounds, Cemeteries, Churches, Community Buildings / Facilities and Schools. “Council” means the Council of the Municipality. “country recreational center/lodge” means a recreational development conducted on a unified basis on a single site which may include one or more adjoining lots where the prime reason for location in rural areas is to take advantage of natural physical features, including the availability of large areas of land to provide for physical recreation for the patrons through means of day-to-day sporting and athletic facilities and the structures incidental thereto and may include structures and services incidental and accessory only to the prime recreational use. The center/lodge may include the short-term or occasional lodging and boarding of patrons. “country residential” means use of a relatively small lot principally as a site for a private detached single family dwelling in a rural setting and in respect of which this Bylaw may allow other accessory uses of the dwelling or the lot to be made. The

1/29/2014 LUB / Page 11

expressions “country residential development” and “country residential purposes” have a corresponding meaning. “day care center” means any program of group day care including nurseries for children of working parents, nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, playgroups for pre-school children, and programs covering after-school care for school children. “development” means

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

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

(c) a change of use of land or a building or an act done in relation to land or a

building that results in or is likely to result in a change in the use of the land or building, or

(d) a change in the intensity of use of land or a building or an act done in

relation to land or a building that results in or is likely to result in a change in the intensity of use of the land or building.

“Development Appeal Board” means the Board appointed by Council in accordance with the Municipal Government Act and Municipal Bylaw 01/99. “designated manufactured home” means a factory-constructed, detached dwelling unit, readily relocatable as a single unit or in modules manufactured in the past ten years and certified by the Canadian Standards Association, or an organization approved for this purpose by the Director, to comply with the Alberta Building Code. “development authority” means the development authority provided for by Council from time to time pursuant to Section 624 of the Act to exercise development powers and duties on behalf of the Municipality. “development permit” means a document issued under this Bylaw that approves a development. “disposal area” means those areas of a parcel of land that have been used and will not be used again for the placing of waste material or where waste processing or burning activity is conducted in conjunction with a sanitary landfill, modified sanitary landfill, hazardous waste management facility or dry waste site, also see working area. “dugout” means a structure of earth, rock, concrete or other material designed to retain water for household, recreation or general agricultural purposes and does not include a lagoon for the purposes of processing wastewater.

1/29/2014 LUB / Page 12

“dugout, private” means excavation for the purposes of, but not limited to, ornamental ponds, enlargement of man made dugouts and for agricultural purposes. “dwelling”

(a) “attached” 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 family dwelling.

(b) “detached single family” means a single building which contains two or

more rooms used or designed to be used as a residence by a single family containing cooking, eating, living, sleeping and sanitary facilities and is used for no other purpose and includes Designated Manufactured Homes except on parcels less than 32.4 ha (80 acres) in size where designated manufactured homes are less than 6.10 m (20 ft.) in width and length are excluded. In determining the width or length of a designated manufactured home, only the width or length of the original structure will be considered.

(c) “temporary” means a designated manufactured home, dwelling –

attached or detached single family, permitted in accordance with Section 10.16.3.

“fence” – a protective or confining barrier of posts, wire mesh, etc. where the percentage of openings exceeds or equals 30% of the surface area. The only exception to this would be on Residential Districts, where solid fences would be permitted. “frontage” – the lineal distance measured along the front lot line. On corner lots, all sides of a lot adjacent to a road or highway shall be considered frontage. “garage, private” means an accessory building designed and used for storage of private vehicles and includes a carport. “gross area of lot” means the area contained in the Certificate of Title based on the gross proportional acreage of the Quarter Section. Roads and Reserves are proportionately added into the gross area. “gross floor area” means the total floor area of each floor of a building measured to the outside surface of the exterior walls, or where buildings are separated by fire walls, to the centreline of the common fire wall. “habitable area” means the finished ground floor area and the floor area of storeys above the ground floor (but does not include the basement of buildings) intended primarily for human occupancy and, for the avoidance of doubt, includes kitchen, bathroom, hallways, interior stairways, and closets, but excludes mud rooms, porches and verandas.

1/29/2014 LUB / Page 13

“hazardous industry” means an industry which by reason of emissions, whether solid, liquid or gas, are offensive or hazardous to human health or safety. Such industries are generally classed as noxious in character and, without restricting the generality of the foregoing, would include petro-chemical industries, petroleum refineries, rendering plants, alfalfa processing plants, auto wreckers and scrap metal collection centers and retail outlets for goods processed or stored on the same site where the principal use is auto wreckers and scrap metal collection. “health services” means those services provided by either medical or holistic practitioners, and may include but not limited to, optometrists, medical doctors, naturopaths, therapists, rehabilitation, dentists, etc. “highway” means a primary highway or a secondary highway or either of them, as the context may require. “highway (primary)” means a primary highway and a secondary road numbered between 900 and 999 as defined in the Public Highways Development Act. “highway (secondary)” means a highway designated as a secondary road numbered between 100 and 899 as defined in the Public Highways Development Act. “highway commercial” means the provision of commercial services to the travelling public from lots adjacent to a Primary or Secondary highway. In general, these services include prepared meals, lodging for travellers, campgrounds and recreational vehicle parks, and service stations. “home based business (minor)” means a business conducted in a dwelling and/or accessory building that complies with all of the requirements and is subject to all of the limitations set out in Section 10.8.1. “home based business (major)” means a business conducted in a dwelling and/or accessory building that complies with all of the requirements and is subject to all of the limitations set out in Section 10.8.2. “internal subdivision road” means a public roadway providing access to lots within a registered subdivision. “kennel” – Refer to Section 10.12.0 “landscaping” means the physical modification for the purpose of changing the appearance of the parcel, however does not include lot grading. “lane” means a public thoroughfare with a right-of-way width not greater than 9m (29.52 ft.) and not less than 6m (19.68 ft.) which provides a secondary means of vehicle access the rear or side of a Lot or Lots.

1/29/2014 LUB / Page 14

“livestock” means cattle, swine, poultry, horses, buffalo, beefalo, llamas, sheep, goats, rabbits, mules, zebras and camels. “lot” means:

(a) a Quarter Section;

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

(c) a settlement lot shown on an official plan, as defined in the Surveys Act,

that is filled or lodged in a Land Titles Office;

(d) a part of a parcel of land described in a Certificate of Title if the boundaries of the part are described in the Certificate of Title other than by reference to a Legal Subdivision; or

(e) a part of a parcel of land described in a Certificate of Title if the

boundaries of the part are described in a Certificate of Title by reference to a Plan of Subdivision.

“lot area” means the total surface area of a Lot. “lot, corner” means a lot where two or more adjoining property lines abut a road or a highway. “lot grading” (Also Site Grading) means:

(a) the construction of berms in excess of 2m (6.5 ft.) in height; (b) stockpiling of soil in excess of 2m (6.5 ft.) in height;

(c) trenching and/or excavation that redirects a watercourse (d) any disturbance to the natural drainage on the property, which means

changing how the water flows on the property from the point of ingress to the point of egress.

“lot, gross area” means the area contained in the Certificate of Title based on the gross proportional acreage of the Quarter-Section on parent Quarter-Section. Roads and reserve are proportionately added into the gross area. “municipal road” means a road or street subject to the direction, control and management of the Municipality that is not a primary highway or a secondary highway and is not an internal subdivision road. (When a Municipal Road is a dead end road and cannot continue to be developed due to topography, it shall be treated as an internal road, applicable to setbacks only).

1/29/2014 LUB / Page 15

“municipality” means the Municipal Corporation of the Municipal District of Foothills No. 31 or where the context requires, the geographical area of land contained within the boundaries of the Municipality’s corporate limits. “natural resource extraction” means an actual resource or raw materials being removed from the land (included but not limited to: gravel, sand, topsoil, subsoil, clay, loam and/or marl). “poultry” means chickens, ducks, geese and turkeys. “private amenity space” means development of private open space reserved for private uses, for active or passive recreational use and includes all natural and manmade landscaping, facilities, playing fields, buildings, and other structures that are consistent with the general purpose of private amenity space, the open space and associated recreational facilities are privately owned, operated, and maintained by a landowner, a homeowners association, or a community association. “private lake” means development of a private lake or water body for private uses, for active or passive recreational use and includes all natural and manmade landscaping, facilities, buildings, and other structures that are consistent with the general purpose of a private lake, the lake or water body and associated recreational facilities are privately owned, operated, and maintained by a landowner, a homeowners association, or a community association and is appropriately designed and licensed; “public or quasi-public installations and facilities” means a building, plant works, equipment system or service owned, operated or enfranchised by the Municipality, Province of Alberta or Government of Canada. “public works” means any Municipal work or development done in connection with the construction, maintenance, or upgrading of Municipal roads, Municipal water and sewer systems, municipally owned sand and gravel pits, and other similar operations on municipally owned lands. “rearing of livestock” means the raising, bringing up, breeding and fostering of animals in conjunction with one another. “recreational vehicle” means a portable structure intended to be carried on a vehicle or to be transported on its own wheels to provide temporary, self-contained living accommodation for travel and recreational purposes and includes a motor home, a camper, a travel trailer, a tent trailer, and a boat, but does not include a designated manufactured home. “restaurant” means an establishment which is engaged in serving food and beverages which are consumed on its premises by customers seated at tables or counters either inside or outside of the building, and as an accessory use thereto, may be engaged in

1/29/2014 LUB / Page 16

providing customers with takeout service of food and beverages for off-site consumption. “retail store” means the use of a building or a portion thereof for the display and sale of merchandise to the public and includes the storage of merchandise on or about the premises in quantities sufficient only to supply the establishment. “sand & gravel operations” means those operations engaged in the extraction of sand and gravel which may include washing, crushing, stockpiling, concrete plants and asphalt plants. “secondary suites” means a self-contained second living unit which is built into or attached to an existing single family dwelling or within the attached garage only and must have a direct exit to the outdoors. The unit is private and typically smaller than the primary unit. In addition to a kitchen, the suites may contain one or two bedrooms, bath, and a living room. Shared between the single family dwelling and the secondary suite would be yard space and parking. “signs” - refer to Section 10.11.0 Sign Regulations. “site plan” means a plan showing the boundaries of a Lot, the location and use of all existing and proposed buildings upon that lot, the use or intended use of the portions of the lot on which no buildings are situated, the fenced, screened and grassed areas, and the location and species of all existing and proposed shrubs and trees within a development. ‘special event” shall mean any event or activity, whether indoors or outdoors, which is held at any place within the municipality and to which members of the public are invited or admitted, whether or not an admission fee is charged, but shall not include family gatherings, community-sponsored events such as Christmas parties, breakfasts, card parties, or other similar social functions. “truck stop” means the provision of facilities including a service station and restaurant for the parking of licensed tractor/trailer units. “working area” means those areas of a parcel of land that are currently being used or that still remain to be used for the placing of waste material or where waste processing or a burning activity is conducted in conjunction with a sanitary landfill, modified sanitary landfill, dry waste site, hazardous waste management facility, waste processing site, waste sorting station or waste transfer station, also see disposal area. Uses “accessory building” means a building naturally or normally incidental, subordinate and exclusively devoted to the principal building on the lot, and located on the same lot as the principal building. For greater certainty, buildings defined as “arena, private”, “arena, limited public”, or “arena, commercial” are not accessory buildings.

1/29/2014 LUB / Page 17

“accessory use” means a use that is naturally or normally incidental, subordinate and exclusively devoted to the principal use of a lot, and located on the same lot as the principal use. “discretionary use” means the use of land or a building provided for in this Bylaw for which the development authority may issue a Development Permit with or without conditions as provided for in this Bylaw. “permitted use – general” means the use of land or building provided for in this Bylaw for which the development authority must, if the application conforms to this Bylaw, issue a development permit with or without conditions. “permitted use – site specific” means a use provided for in a Site Specific Use Bylaw for which, subject to the limitations outlined in the Site Specific Use Bylaw, the development authority must, if the application otherwise conforms to this Bylaw, issue a development permit. “principal” means, when used to describe a use or building, the use or building that is naturally or normally the primary use of building on a lot. “site specific use bylaw” means a bylaw which amends this Bylaw to make provision for a site specific permitted use to be carried out on a specified lot subject to any limitations contained in the bylaw. “utilities” means any one or more of the following:

(a) systems for the distribution of gas, whether artificial or natural; (b) facilities for the storage, transmission, treatment, distribution or supply of

water;

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

(d) storm sewer drainage facilities;

(e) systems for electrical distribution and lighting;

(f) systems for telecommunications distribution, being telephone and cable

TV. “vehicle” means a device on wheels, runners or tracks designed for the carrying of people or goods. Vehicles include but are not restricted to automobiles, trucks, trailers, all-terrain vehicles and snowmobiles. “vehicle trip” one motor vehicle travelling to or from a specific site. (one way trip). 3.1.2 Words and expressions used in this Bylaw (but not defined herein)

that are defined in Part 17 of the Act have the meaning given to them in Part 17 of the Act so far as the context in which such words and expressions are used in this Bylaw will permit.

1/29/2014 LUB / Page 18

SECTION 4.0.0 APPLICABILITY OF BYLAW AND PERMITS

Notwithstanding anything contained in this Bylaw, no development shall be undertaken on any lot unless and until legal access thereto has been constructed in accordance with the requirements of any decision of an authority having jurisdiction or any Agreement, permit, resolution, bylaw, regulation or statute applicable thereto.

4.1.0 DEVELOPMENT PERMITS REQUIRED 4.1.1 Except as provided in Section 4.2.0 of this Bylaw, no person shall

undertake any development unless: (a) a development permit has first been issued pursuant to this

Bylaw; (b) the development proceeds in accordance with the terms and

conditions of the development permit issued in respect of the development;

(c) a building permit has been obtained when the Building Bylaw

so requires;

(d) all necessary plumbing, gas, septic and electrical permits have been issued; and

(e) any required demolition permit has been issued.

4.2.0 DEVELOPMENT PERMITS NOT REQUIRED 4.2.1 A development permit is not required in respect of the following

developments but such developments shall otherwise comply with the provisions of this Bylaw and must be carried out or performed in accordance with all other applicable legislation, regulations and bylaws:

(a) works of maintenance, repair or alteration on a building,

internally or externally, if in the opinion of the Development Officer and Safety Codes Officer such work does not include structural alterations, or change the use or intensity of use of the building.

(b) The completion of a building which was lawfully approved

whether or not it was under construction at the date this Bylaw comes into full force and effect, provided that: i. the building is completed in accordance with the

terms and conditions of any permit granted by the Municipality; and

1/29/2014 LUB / Page 19

ii. the building, whether or not a permit was granted or required in respect of it, is completed within a period of twelve (12) months from the date this Bylaw comes into full force and effect;

(c) the use of any building referred to in Section 4.2.1 for the

purpose for which construction was commenced; (d) the erection, construction or maintenance of gates, fences or

other means of enclosure less than 2m (6.56 ft.) in height, or less than 2.5m (8.20 ft.) in height if built in conformance with setback requirements, if such developments comply with the provisions of Section 10.7.0 of this Bylaw;

(e) the erection, construction or use of facilities needed in

connection with construction of a building for which a development permit or building permit has been issued for the period of the construction (for example. But not limited to, trailers, sheds, portable toilets, and electric generators);

(f) the construction and maintenance of that part of a public

utility place in or upon a public thoroughfare or public utility easement;

(g) the use by the Municipality of land of which the Municipality

is the legal or equitable owner for a purpose approved by a simple majority vote of Council in connection with any public utility, public work or public or quasi-public installations and facilities being carried out by the Municipality or their authorized representative;

(h) In all Districts, with the exception of the Country Residential

(A) District and Residential (A) District, and on a lot in which a detached single family dwelling is a permitted use and provided that the lot in question has legal access to an improved municipal road or highway; i. the construction of a first detached single family

dwelling or addition thereto, or ii. the moving onto a lot of a first detached single family

dwelling provided that if such single family dwelling has not been placed upon a permanent foundation within 60 days after it has been moved onto a lot, then a development permit must be obtained. No such single family dwelling shall be occupied as a residence until it has been placed upon a permanent foundation.

1/29/2014 LUB / Page 20

iii. The construction or moving onto a lot 32.37 ha (80 acres) or more in size of a second detached single family dwelling provided that if such single family dwelling has not been placed upon a permanent foundation within 60 days after it has been moved onto a lot, then a development permit must be obtained. No such single family dwelling shall be occupied as a residence until it has been placed upon a permanent foundation;

(i) the use of a building or part thereof as a temporary polling

station for a Federal, Provincial, or Municipal election, referendum or plebiscite;

(j) the placement and erection of memorial, historical, cemetery

markers or monuments in a registered cemetery; (k) signs – see Section 10.11.0; (l) the construction, maintenance, and repair of private

walkways and private driveways provided none of the work affects the driving surface of the adjoining municipal road or highway;

(m) the stripping or stockpiling of soil, construction or upgrading

of municipal roads, construction of internal roads, installation of utilities and grading of the site of a multi-lot subdivision when the lot upon which all or any such activities are carried out is the subject of an approved subdivision or development;

(n) in all Districts, with the exception of the Country Residential

(A) District, where an accessory building is a permitted use, a detached accessory building of a size and for the purpose or purposes mentioned in the right-hand column on a lot of the size specified in the left had column of the table set out hereunder. Flexibility will be permitted for additional buildings or one larger building provided they meet the total square footage for the acres as noted below: 1 acre or less one building up to 13.9 sq. m. (150 sq. ft.),

accessory to the residence; 1.01 – 1.99 acres one building up to 46.45 sq. m. (500 sq. ft.),

accessory to the residence, and one additional building up to 13.9 sq. m. (150 sq. ft.);

1/29/2014 LUB / Page 21

2 – 3 acres one building up to 111.48 sq. m. (1,200 sq. ft.), accessory to the residence, and one additional building up to 13.9 sq. m. (150 sq. ft.);

3.01 – 10 acres one building up to 223 sq. m. (2,400 sq. ft.),

accessory to the residence or for general agriculture purposes, and one additional building up to 13.9 sq. m. (150 sq. ft.), additional allowance for one horse shelter, not to exceed 18.58 sq. m. (200 sq. ft.);

10.01 – 20 acres one building up to 297 sq. m. (3,200 sq. ft.),

accessory to the residence or for general agriculture purposes, and one additional building up to 13.9 sq. m. (150 sq. ft.), additional allowance for two horse shelters, each shelter is not permitted to exceed 18.58 sq. m. (200 sq. ft.);

Over 20 acres one building up to 371.60 sq. m. (4,000 sq.

ft.), accessory to the residence or for general agriculture purposes, and one additional building up to 13.9 sq. m. (150 sq. ft.), additional allowance for three horse shelters, each shelter is not permitted to exceed 18.58 sq. m. (200 sq. ft.);

(o) on lots equal to or exceeding 8.5 ha (21 acres) in size, any

construction, excavation or other activity necessary in order to enable the land to be used for general agricultural purposes except where: i. the site of the development is within 60m (196.85 ft.)

of a municipal road or 305m (1,000.66 ft.) of any primary highway; or

ii. the construction, excavation or other activity involving a building to be used as a second or additional farm dwelling;

iii. the construction involves a building to be used as an “arena, private”, “arena, limited public” or “arena, commercial” as defined in Section 3.1.1 of the Land Use Bylaw in which case a Development Permit is required.

(p) in all districts in which Agricultural (General) is a permitted

use, provided that the lot in question is equal to or exceeds 8.5 ha (21 acres) in size under one title, confinement of livestock for branding, sorting, herd health management and market delivery, when the confinement does not exceed 30

1/29/2014 LUB / Page 22

consecutive days, and for calving/foaling when confinement does not exceed 90 days.

(q) the first private vehicle garage having an area of less than

111.48 sq. m. (1,200 sq. ft.) (attached or detached) where there is an existing permitted dwelling; or

On properties zoned as Residential District, special provisions may be considered by the Municipality to allow the following:

i. to allow a garage up to 50% of the dwelling size (provided that it does not exceed a maximum of 2,400 sq. ft.);

ii. to allow the maximum limit to be split into two different structures, either attached or detached from the residence.36

Provided that there is a signed release by the Subdivision’s Architectural Design & Review Committee, when there are both Architectural Guidelines that are registered on title, and an approved Area Structure Plan.

(r) the spreading of manure provided that if manure is from an

offsite source, the lot on which the manure is spread must be 8.5ha (21 acres) or more in size;

(s) the repair or replacement or a building that is damaged by

an act of God or destroyed by fire, provided that the original building was not a non-conforming building;

(t) the use by a School Division of land which the School

Division has the legal right to use for any public facility or work being carried out by the School Division;

(u) a minor home based business office situated in a dwelling

where all employees of the business are residents of the dwelling, and no vehicle traffic is generated by the business for which the office is used, provided that an annual business licence is obtained;

(v) the storage of not more than five (5) unoccupied recreation

vehicles;

(w) the first personal greenhouse having an area of less than 14 sq. m. (150 sq. ft.);

1/29/2014 LUB / Page 23

(x) one (1) animal unit per three (3) acres of land, with the exception of three (3) animal units per lot on lots between three (3) and nine (9) acres in size;

(y) Agricultural General uses in a District which lists Agricultural

General as a permitted use;

(z) in the Agricultural District and Country Residential District, radio antennas, internet towers and windmills for private use are permitted for personal use only, provided that they meet the minimum setback distances and height restrictions of 16m (52.49 ft.). A maximum of one each per parcel is permitted.

(aa) satellite dishes for personal use only are permitted in all

Districts provided that they meet the minimum setbacks and height restrictions of 16m (52.49 ft.).

(ab) on parcels 21 acres or more, one C-Can (also identified as a

railway car, cargo container or steel container), no larger than 48’ in length and 10’ in width, is permitted per parcel, provided it meets the minimum setback requirements.

4.3.0 APPLICATIONS FOR A DEVELOPMENT PERMIT 4.3.1 A development permit may be applied for by submitting to the

development authority an application for development permit in the prescribed form, completed, signed by the owner of the land in respect of which the application is made, or his authorized agent. It shall be accompanied by all information, plans and other documents required by this Bylaw, including information, plans and other documents not specifically mentioned in this Bylaw but required by the development authority pursuant to Section 6.3.1 hereof.

4.3.2 Applications for development permits shall be accompanied by the

following information, unless deemed not necessary in writing by the development authority:

(a) a site plan drawn to scale showing (north at the top of the

page):

i. legal description of the lot;

ii. dimensions of the lot;

iii. other land that may be used in conjunction with proposed development;

1/29/2014 LUB / Page 24

iv. the location of existing and proposed buildings, wells,

septic tanks, disposal fields, dugouts, lagoons, culverts, and crossings that may be used in conjunction with the development;

v. location and distances of all residential buildings and

water wells within 0.8 km (0.5 mile) of the proposed development.

(b) statements as to:

i. the intensity of the development proposed (number of

and type of trees, vegetables, or animals to be grown, or reared);

ii. other land ownership involved in the development

supported with signed consent;

iii. number of people to be employed;

iv. method of distribution of product;

v. utilities, lot drainage, existing and proposed lot grades, the grades of the streets and sewer servicing the property including the elevations of top of curb or sidewalk and lot corners.

vi. Height, dimensions, and relationship to property lines

of all existing and proposed buildings and structures including retaining walls, corrals, trees, landscaping, curbs, gutters, sidewalks, and other physical features;

vii. Provisions for loading and parking;

viii. Access locations to and from the lot including

retaining walls, corrals, trees, landscaping, curbs, gutters, sidewalk and Lot corners.

ix. Garbage and storage areas and the fencing and

screening proposed for same, and methods for disposing of garbage;

x. Descriptions of any noxious, toxic, radioactive,

flammable, or explosive materials proposed;

xi. Quantity and quality of well water and soil percolation tests for the systems that may be used in conjunction with the proposed development;

xii. Amount of water required for the proposed

development on a daily, weekly or monthly basis and proposed water source;

1/29/2014 LUB / Page 25

xiii. Proposed method of waste removal.

xiv. Particulars of any proposed use or involvement by persons other than residents of the lot;

xv. Intensity of use described in daily, weekly or monthly

terms and broken down on the basis of the number of person, animals, events or occurrences, as the case may be, which best describes the intensity of the proposed use;

xvi. A written undertaking by the land owner to disclose to

all subsequent purchasers, tenants or other occupants of the land all particulars of any development permit that may be approved, including all conditions attached thereto;

xvii. Anticipated generation of motor vehicle traffic on a

daily, weekly or monthly basis, whichever most accurately reflects the facts;

xviii. The number of events and/or clinics proposed to be

held annually, if any, including a detailed description of any such proposed events and/or clinics

xix. The proposed maximum number of occupants of any

building involved in the proposed development at any one time;

xx. Engineering feasibility studies on the method of water

supply;

xxi. Engineering feasibility studies on the method of disposal effluent;

xxii. A site plan drawn to a scale of not less than 1:2500 (1

inch = 200 ft.) showing: 1. the dimensional limits and boundaries of the lot

over which the applicant holds or proposes to hold interest and rights to operate a pit;

2. the proposed location of any pit(s) or development located or to be located on the lot as well as indicating any roadway, residence, public or quasi-public building, waterways, topographic features or landmarks which are within 800m (one-half mile) of the lot boundary;

3. contours at intervals of not more than 1m (3.28 ft.) throughout

xxiii. profiles and cross-sections showing the original

ground level, the proposed depth of any excavation,

1/29/2014 LUB / Page 26

finished grade elevation, depth of over-burden and water table elevations;

xxiv. the method intended to be used for the excavation of

the materials contained in the land, back filling, terracing, compacting, levelling, reclaiming the site and equipment to be used in connection therewith;

xxv. the method to be used for supporting any pit walls;

xxvi. methods of controlling noise, dust, or drainage from

the Lot, both during and after completion of construction;

xxvii. number of vehicles that will be used in the hauling of

materials and proposed hauling route to and from the site;

xxviii. the days and hours of operation of the development;

and

xxix. any other information not specifically mentioned in this section that, in the opinion of the Development Authority, is required to ensure that a proposed development complies in all other respects with this Bylaw.

4.4.0 COMPLIANCE WITH OTHER BYLAWS AND REGULATIONS 4.4.1 Compliance with the requirements of this Bylaw does not afford

relief from compliance with the Act or other bylaws, regulations, or other Federal or Provincial Acts or Regulations affecting the development in question.

1/29/2014 LUB / Page 27

SECTION 5.0.0 DEVELOPMENT AUTHORITY 5.1.0 DEVELOPMENT OFFICER 5.1.1 The office of Development Officer is hereby established. The

holder or holders of such offices from time to time are authorized to exercise and perform within the Municipality the powers and duties given to and imposed upon a development authority by Part 17 of the Act and by this Bylaw. All designated officers of the municipality may act as Development Officers for the purpose of this Bylaw.

1/29/2014 LUB / Page 28

SECTION 6.0.0 POWERS AND DUTIES OF DEVELOPMENT AUTHORITY 6.1.0 DEVELOPMENT OFFICER

As the Municipalities development authority, the Development Officer shall: a. keep and maintain for the inspection of the public during office

hours a copy of this Bylaw and all amendments thereto and ensure that copies of the same are made available to the public at a reasonable charge;

b. keep a register of all applications for development permits

including the decisions thereon and the reasons therefore and all orders issued by the Development Officer while the development is active and for a period of seven years thereafter;

c. receive, consider and decide on all applications for development

permits, except in Direct Control Districts, where Council will be the development authority;

d. advise applicants for development permits in respect of uses

which are not either permitted uses or discretionary uses in the district in which the use is proposed to be carried on of the applicant’s option of applying to Council for an amendment to this Bylaw; and

e. sign and issue all development permits, notices and orders

approved, given or issued by the Development Officer.

f. Receive, consider and decide on requests for time extensions to Development Permits other than decisions made by the Development Appeal Board;

g. Receive, consider and decide on applications for renewals of

temporary Development Permits provided that the application and approval are identical.

6.2.0 TYPES OF DEVELOPMENT PERMITS THAT MAY BE ISSUED 6.2.1 The Development Officer may issue permanent development

permits with or without conditions and where authorized by this Bylaw, temporary development permits with or without conditions.

6.2.2 A temporary development permit may permit a development to be

carried on for a certain period of time which may be limited by reference to a date or by reference to the occurrence of an event.

1/29/2014 LUB / Page 29

6.2.3 Upon expiration of a temporary development permit, the development thereby authorized shall cease to be carried on. All buildings, structures, equipment and things erected, placed upon or used in or upon lands or buildings in connection with the development shall be removed from the lands or buildings upon or in which the development was being carried out.

6.2.4 A temporary development permit may be renewed, to and at the

discretion of the Development Officer, provided that no changes have been made and it is identical to the original application. The development shall not be carried on after the expiration of the development permit and prior to renewal of the development permit, unless the Development Officer has agreed to allow it to continue during the processing of the renewal application.

6.3.0 CONDITIONS 6.3.1 In addition to the specific restrictions, limitations, and conditions set

out elsewhere in this Bylaw with respect to specific developments or developments in general, the Development Officer may attach all or any of the following conditions to development permits issued in respect of both permitted and discretionary uses:

a. a condition designed to bring a proposed development into

conformity with the Land Use Bylaw; b. in respect of intensive agricultural uses, a condition limiting the

number of animal units that may be located upon the lands at any one time;

c. a condition requiring compliance with the terms and conditions

of any permit or approval issued by any other governmental authority having jurisdiction over the proposed development;

d. a condition that the applicant enter into an agreement with the

municipality in respect of the crossing of municipal roads by pipelines or other methods of conveying water, utilities or other matter from one side of the road to the other;

e. a condition requiring that the applicant pay any engineering,

legal or other professional costs incurred by the municipality with respect to the development including the cost of preparation of any agreement required to be entered into by the applicant as a condition of approval of the development permit;

f. a condition requiring that the applicant enter into an agreement

with the municipality in respect of payment or provision by the applicant of dust control measures and/or surfacing on

1/29/2014 LUB / Page 30

municipal roads used by the applicant for the purpose of obtaining access to or egress from the site of the development;

g. a condition requiring delivery to the Development Officer of

copies of any engineering, geological or other scientific reports, plans, designs or test results required to be delivered to any governmental authority having jurisdiction over the development or any aspect of it;

h. a condition requiring that prior to issuance of the development

permit the applicant deliver to the Development Officer engineering, geological or other scientific reports for the purpose of establishing that the proposed development or any aspect of it may be carried on without risk of damage to or contamination of the lands or buildings upon or in which the proposed development is intended to be carried on or to any neighbouring lands, buildings or water sources whether above or below ground;

i. a condition that the applicant enter into an agreement with the

municipality regarding construction of access roads and approaches off municipal roads required in respect of the proposed development;

j. a condition that water required for use in respect of the

proposed development be obtained from a particular source;

k. a condition limiting the amount and kind of advertising in respect of the proposed development that may be carried out on the site of the development;

l. a condition regarding the time when the proposed development

may be commenced which may be stated by reference to a date or to the occurrence of an event;

m. a condition related to the handling and removal of garbage or

refuse created by the proposed development;

n. a condition or conditions in respect of the method of handling and disposition of sewage created by the proposed development;

o. a condition requiring provision of landscaping or provision of

landscaping in addition to or in lieu of landscaping proposed to be provided by the applicant;

p. a condition requiring the giving of security to ensure that the

terms and conditions of a development permit are carried out and performed;

1/29/2014 LUB / Page 31

q. a condition requiring that certain specified conditions of approval (which may be designated “pre-release conditions”) be performed prior to release of the approved development permit;

r. a condition limiting the size or capacity of a proposed

development or any aspect of it;

s. conditions limiting the portions of a day, week, month or year during which the development or any aspect of it may be carried on;

t. a condition requiring the installation of noise suppression

barriers or measures in respect of the proposed development. 6.3.2 In addition to the conditions referred to in section 6.3.1, the

Development Officer may attach the following conditions to a development permit issued in respect of a discretionary use:

a. a condition that notice of approval of a development be

circulated more extensively than is provided for by Section 7.1.2 & 7.1.3 of this Bylaw;

b. a condition imposing more restrictive limitations in respect of a

development than those set out in the general land use rules established for the various land use districts created by this Bylaw.

6.3.3 1. Notwithstanding anything contained in this Bylaw, the

Development Officer may require as a condition of approving an application for a development permit that the applicant enter into an agreement with the Municipality to do all or any of the following:

a. to construct or pay for the construction of a public roadway

required to give access to the development;

b. to construct or pay for the construction of i. a pedestrian walkway system to serve the development,

or ii. pedestrian walkways that will connect the pedestrian

walkway system serving the development with a pedestrian walkway system that serves or is proposed to serve an adjacent development or both.

c. to install or pay for the installation of public utilities that are

necessary to serve the development;

d. to construct or pay for the construction of i. off-street or other parking facilities, and ii. loading and unloading facilities

1/29/2014 LUB / Page 32

e. to pay an off-site levy or redevelopment levy imposed by Bylaw;

f. to give security to ensure that the terms of the agreement

under this section are carried out.

2. In clause (1)(a) of this section the words “construct” and “construction” include reconstruction or upgrading of an existing public roadway to municipal standards existing at the time of approval of the development permit.

3. This section 6.3.3 shall apply to all land use districts and to all

permitted and discretionary uses of land.

6.3.4 The applicant for a development permit and the applicant’s personal representative, successors and assigns shall at all times comply with all conditions attached to the development permit. Breach of any such condition shall be deemed to be a breach of this Bylaw.

6.4.0 GENERAL 6.4.1 When in the opinion of the Development Officer, sufficient details of

a proposed development have not been included with the application for development permit; the Development Officer may return the application to the applicant for further details. The application so returned shall be deemed not to have been received in its complete and final form until all required details have been submitted. Any application that does not meet the requirements of this Bylaw shall not be processed.

6.4.2 The Development Officer shall, if the application conforms to this

Bylaw, approve an application for a development permit in respect of a permitted use but may attach to the permit any or all of the conditions set out in sections 6.3.1 and 6.3.3.

6.4.3 In making a decision on an application for a development permit in

respect of a discretionary use, the Development Officer may:

a. approve the application; or

b. approve the application subject to all or any of the conditions and restrictions set out in sections 6.3.1, 6.3.2 and 6.3.3; or

c. refuse the application.

6.4.4 The Development Officer 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.

1/29/2014 LUB / Page 33

6.4.5 The approval of a development permit pursuant to this Bylaw is not

to be construed as any representation or warranty by the Municipality or any of its agents, officers or employees, that the proposed development may safely be constructed or carried on, or that the land upon which the development is intended to be carried on is suited for that purpose. The holder of the development permit is at all times responsible to ensure the safety, viability and practicality of the proposed development and shall ensure that the same complies with all applicable Statutes, Bylaws and Regulations.

6.5.0 DEVELOPMENT REFERRALS 6.5.1 The Development Officer: a. must refer applications for development permits to adjoining

municipalities or other authorities for comment when required by the Municipal Development Plan, Intermunicipal Development Plans or the Subdivision and Development Regulation;

b. must, whenever required by the Subdivision and Development

Regulation, refer applications for development permits to the governmental departments and agencies referred to in the Regulation.

c. may refer to any additional federal, provincial or municipal

agencies as deemed necessary and may include internal circulation within the Municipal Office,

d. may refer to Local Councillor, Utility Companies and registered

community associations that have shown interest in the application.

6.5.2 After thirty days from the date of referral, the application may be

dealt with by the Development Officer whether or not comments have been received.

6.6.0 VARIANCE 6.6.1 a. the Development Officer may allow with respect to existing

development, a variance of any yard setback to a maximum of 90% of the setback required by this Bylaw.

b. the Development Officer may allow with respect to a proposed

development, a variance of any yard setback to a maximum of

1/29/2014 LUB / Page 34

25% of the setback required by this Bylaw.

c. the Development Officer may allow with respect to development within the Industrial District, a variance of building height to a maximum of 50% required under this Bylaw.

6.6.2 For the purpose of Section 643(5) of the Act, the minor variance

power that may be exercised by the Development Officer with respect to a non-conforming building shall be the power set out in Section 6.6.1 of this Bylaw.

6.6.3 a. The variance power given to the Development Officer shall not

be exercised with respect to a proposed development unless it has been determined that a suitable site meeting setbacks required by this Bylaw is not available on the lot.

b. The variance power given to the Development Officer with respect to building height within the Industrial District, shall not be exercised unless it has been determined that such a request for variance is integral to the design or operations of the development.

6.7.0 RE-APPLICATION 6.7.1 When an application for a development permit or a change in land

designation is refused, another application with respect to the same parcel of land;

a. for a development permit for the same or a similar use, or b. for a change in land use designation; may not be made by the same or any other applicant until the expiration of at least six months from the date of the last refusal.

1/29/2014 LUB / Page 35

SECTION 7.0.0 ISSUANCE OF DEVELOPMENT PERMITS AND NOTICES 7.1.0 DEVELOPMENT PERMITS 7.1.1 A development permit issued pursuant to this Bylaw is not a

Building Permit, and notwithstanding that plans and specifications for buildings may have been submitted as part of an application for development permit, work or construction shall neither commence nor proceed until a Building Permit has been issued pursuant to applicable statutes, bylaws and regulations. If plans show a use that is not mentioned in the application for development permit, approval of the application does not constitute approval of such use. In the case of renewals, any proposed changes to the existing development permit or conditions thereof must be mentioned in the application and outlined in the circulations and the application shall be considered as a new application.

7.1.2 When an application for a development permit is approved, with or

without conditions, the notice of decision shall be sent by ordinary mail to the applicant and a notice shall be published in a newspaper circulating in the Municipality. It shall state the legal description of the Lot proposed for the development and identify the use which has been approved for such lot.

7.1.3 In addition to Section 7.1.2, the notice of decision on discretionary

uses shall be sent by ordinary mail to all landowners of land located within 0.8 km (0.5 mile) of the Lot or to such a greater distance as deemed necessary by the Development Officer and which are recorded on the Municipality’s assessment rolls at the time of the decision.

7.1.4 When an application for a development permit is refused, a notice

of decision shall be sent to the applicant. 7.1.5 For purposes of this Bylaw, notice of decision of the Development

Officer on an application for a development permit is deemed to have been given and to have been received:

a. in the case of a decision of refusal on an application for a

development permit, on the date that the applicant is notified of the decision;

b. in all other cases, on the date that the notice of decision is first

published in a newspaper circulating in the Municipality. 7.1.6 A development permit shall not be issued unless at least fourteen

(14) days have passed from the date the notice of decision is given

1/29/2014 LUB / Page 36

pursuant to Section 7.1.5 and no appeal against the decision has been filed.

7.1.7 When any appeal is made pursuant to the Act, a development

permit which has been approved shall not be issued unless and until the decision of the Development Officer has been upheld by the Development Appeal Board.

7.1.8 An application for a development permit is, at the option of the

applicant, deemed to be refused if the decision of the Development Officer is not made within 40 days of the receipt of the application in its complete and final form unless the applicant has entered into an agreement with the Development Officer to extend the 40-day period.

7.1.9 The Development Officer may enter upon and inspect any land,

structure, or thing situated in the Municipality for the purpose of determining whether this Bylaw is being complied with any time during which the development exists.

7.1.10 If the development authorized by a development permit

a. is not commenced within one year after the latest of the following dates:

i. the date on which the application for the development permit is issued by the Development Officer.

ii. If there is an appeal to the Development Appeal Board in respect of the application for the development permit, the date of the Board’s decision or the date that the appeal is abandoned or discontinued;

iii. If there is an appeal to the Court of Appeal under the Act, the date on which judgement of the Court is entered, or the date on which the appeal is discontinued; or

b. is not completed within two years after the latest of the dates

referred to in clause (a) hereof, Then, and in either of such cases, the development permit shall thereafter be null and void.

7.2.0 FORMS, NOTICES AND FEES 7.2.1 For the purpose of administering the provisions of this Bylaw,

Council may by Resolution authorize the use of such forms and notices and the imposition of such fees as in its discretion it may deem necessary or desirable.

1/29/2014 LUB / Page 37

SECTION 8.0.0 CONTRAVENTION 8.1.0 Whenever it appears to Council that a development permit has

been obtained by fraud or misrepresentation or that a development is not being carried out or completed or is not being operated to the extent or in the manner originally approved, Council may, in addition to any other remedy which council may have under the Act or any other statute or law, suspend, revoke, or modify the development permit.

1/29/2014 LUB / Page 38

SECTION 9.0.0 ESTABLISHMENT OF DISTRICTS 9.1.0 LAND USE DISTRICTS 9.1.1 For the purpose of this Bylaw, the land within the boundaries of the

Municipality shall be divided into one or more of the Districts as established in Section 9.2.0, with the basic Land Use District being Agricultural District (A). Any lands which are not designated as Agricultural District shall be indicated on the Land Use Map and amendments thereto.

9.1.2 Throughout this Bylaw and amendments thereto, a District may be

referred to either by its full name or its abbreviation as set out in Section 9.2.0.

9.2.0 DISTRICTS 9.2.1 Environmental District (E) 9.2.2 Agriculture District (A) 9.2.3 Country Residential District (CR) 9.2.4 Hamlet Residential District (HR) 9.2.5 Residential District (R) 9.2.6 Recreational District (REC) 9.2.7 Commercial District (COM) 9.2.8 Industrial District (IND) 9.2.9 Residential Manufactured home Park District (MHP) 9.2.10 Direct Control – (DC1) 9.2.11 Direct Control – (DC2) 9.2.12 Direct Control – (DC3) 9.2.13 Direct Control – (DC4) 9.2.14 Direct Control – (DC5) 9.2.15 Direct Control – (DC6) 9.2.16 Direct Control – (DC7) 9.2.17 Direct Control – (DC8) 9.2.18 Direct Control – (DC9) 9.2.19 Direct Control – (DC10) 9.2.20 Direct Control – (DC11) 9.2.21 Direct Control – (DC12) 9.2.22 Direct Control – (DC13) 9.2.23 Direct Control – (DC14) 9.2.24 Direct Control – (DC15) 9.2.25 Direct Control – (DC16) 9.2.26 Direct Control – (DC17) 9.2.27 Direct Control – (DC18) 9.2.28 Direct Control – (DC19) 9.2.29 Direct Control – (DC20) 9.2.30 Direct Control – (DC21)

1/29/2014 LUB / Page 39

9.2.31 Direct Control – (DC22) 9.2.32 Direct Control – (DC23) 9.3.1 The Municipality is hereby divided into Districts as provided in

Section 9.2.0 and their boundaries are delineated on the map(s) referred to in Section 9.3.2 which may be known as the Land Use Map(s).

9.3.2 The Land Use Map(s) as may be amended or replaced from time to

time by amendments to this Bylaw are incorporated into and form part of this Bylaw and among other things, bear the following identification: a. Land Use Map No.

9.3.3 If a dispute should arise over the precise location of a boundary of

any District shown on a land use map, the Council shall decide thereon.

1/29/2014 LUB / Page 40

SECTION 10.0.0 GENERAL LAND USE REGULATIONS AND PROVISIONS 10.1.0 LOT DIMENSIONS 10.1.1 No permit shall be issued for any development on a Lot where the

area or width of which is less than the minimum prescribed for the District in which the Lot is located, except that a Lot of separate record in the Land Titles Office, existing at the date of the passing of this Bylaw, containing less than the required minimum area or width may be used subject to the discretion of the Development Officer if all other requirements of this Bylaw are observed.

10.1.2 Whenever it is intended to use two or more abutting lots described

within existing Certificates of Title to form a larger area of land for the purpose of carrying out a development thereon, the larger area so formed shall be used in the determination of the Lot area, and the boundaries of the larger area so formed shall be used in the determination of the lot width, lot depth and setback requirements prescribed for the District in which the larger area so formed is located. A development permit shall not be issued until assurance satisfactory to the Development Officer is given by appropriate agreement or otherwise, that the individual lots forming part of the larger area will not be subdivided and will not be used for any other purpose for so long as the proposed development is carried out on the larger area so formed.

10.2.0 SPECIAL SETBACK REQUIREMENTS 10.2.1 For setback purposes, corner lots shall be treated as having a front

yard on each side of the lot that abuts a road or highway. The minimum distances required for yards do not apply to

unenclosed patios, driveways, sidewalks, and steps wholly within the lot.

Balconies, eaves, fireplaces, sills, canopies, and cornices may

project into the minimum front or side yard to a maximum of 600mm (1.97 ft.) or into the minimum rear yard to a maximum of 1.5m (4.92 ft.) on Agricultural and Country Residential parcels. And may project into the minimum rear yard, of a Residential District, to a maximum of 0.8m (2.62 ft.) for the principal building and 0.1m (0.33 ft.) for an accessory building.

10.3.0 HEIGHT OF BUILDINGS 10.3.1 The base from which to measure the height of a building shall be

from any point on the finished ground elevation adjoining all exterior

1/29/2014 LUB / Page 41

walls. The height of building shall not extend above or below the established grade datum beyond the height requirement for the prescribed District and shall not exceed the height requirement at any point for the prescribed District measured from the base.

DRAWING 1

DRAWING 2

10.3.2 The height of buildings specified in the Land Use Rules for the land

use districts established by this Bylaw shall not apply to antenna structures.

10.4.0 UTILITIES

1/29/2014 LUB / Page 42

10.4.1 A water supply to serve a residential development shall be in

accordance with Municipal water policy guidelines and no less than Alberta Environment’s guidelines with respect to the methods for determining quantity and quality.

10.4.2 Septic field systems or alternate means of waste removal shall be

approved by the Municipal Plumbing Inspector prior to any commencement of construction of the proposed development. In all cases, a residence shall be located between the septic field and any private water source.

10.5.0 PARKING AND LOADING FACILITIES 10.5.1 Parking and loading space requirements shall be calculated on the

basis of gross floor area, unless otherwise stated, and where a fractional figure occurs it shall be rounded to the next higher figure.

Parking and loading spaces shall be provided on site in accordance

with the following table: MINIMUM NUMBER OF SPACES USE OF BUILDING PARKING LOADING Arenas/Equestrian Establishments 1 per 4 seating spaces + 1 per 46.5 sq.m. (500 sq. ft.) 2 Assembly Halls 1 per 4 seating spaces 1 Banks 1 per 46.5 sq.m (500 sq. ft.) 1 Billiard Halls 1 per 13 sq.m (140 sq. ft.) 1 Bowling Alleys 3 per Lane 1 Churches 1 per 4 seating spaces 1 Clinics 1 per 9.3 sq.m (100 sq. ft.) 1 Cocktail Lounges 1 per 4 seating spaces 1 Commercial 1 per 37 sq.m. (400 sq. ft.) 1 Community Buildings 1 per 93 sq.m. (1,000 sq. ft.) 1 Curling Rinks 6 spaces per sheets of ice 1 Funeral Homes 1 per 4 seating spaces 1 Hospitals 1 per 4 patients and 1 per 4 employees, 1 doctor 1 Hotels, Motels 1 per guest room 1 Industrial 1 per 93 sq.m. (1,000 sq. ft.) 1 Libraries 1 per 37 sq.m. (400 sq. ft.) 1 Lodges, Private Clubs 1 per 10 members 1 Lumber Yards and Home Improvement Centres

1 per acre of site area plus 1 per 37 sq.m. (400 sq. ft.)

1 3

Office 1 per 37 sq.m. (400 sq. ft.) 1 Police Stations 1 per 37 sq.m. (400 sq. ft.) 1 Restaurants 1 per 4 seating spaces 1 Retail Stores 1 per 37 sq.m. (400 sq. ft.) 1 Service Repair Shops 1 per 37 sq.m. (400 sq. ft.) 1 Schools Elementary Junior High

1.5 per classroom 2.5 per classroom

1 1

1/29/2014 LUB / Page 43

Senior High 5 per classroom 1 Senior Citizen Home 1 per 2 units 1 Shopping Centers 5.5 per 93 sq.m. (1,000 sq. ft.) gross lease able area 1 Taverns 1 per 3 seating spaces 1 Theatres 1 per 10 seats 1 Warehouses 1 per 93 sq.m. (1,000 sq. ft.) 1 Parking and loading requirements for uses not mentioned in the

foregoing table shall be provided as determined by the Development Officer.

10.5.3 A loading space shall have an area of not less than 28 sq. m.

(301.39 sq. ft.), 3.5m (11.48 ft.) in width, and 3.5m (11.48 ft.) of overhead clearance.

10.5.4 Any parking space or any loading space provided shall be

developed to the specifications as outlined by the Development Officer and serviced to municipal standards which shall include the confinement of drainage to the lot.

10.5.5 When a building is enlarged, altered, or a change in the use occurs

in such a manner as to cause a more intensive use of the building, provision shall be made for the additional parking spaces required under the parking provisions of this Bylaw. The calculation shall be based on the number of additional parking spaces required as a result of the enlargement, alteration, or change in the use of the building, in addition to any parking spaces that may have been removed due to the enlargement or alteration.

10.5.6 Adequate curbs or concrete bumpers or fences, shall be provided

to the satisfaction of the Development Officer. 10.5.7 Parking spaces shall be designed and provided in accordance with

the following table:

Width of Stall m (ft.) Angle of Parking Degree

Width of Aisle m (ft.) Depth of Stall Perpendicular to Aisle m (ft.)

2.75m (9.0 ft.) 30 3.5 (11.48 ft.) 5.1 (16.73 ft.) 2.75m (9.0 ft.) 45 3.5 (11.48 ft.) 6.0 (19.69 ft.) 2.75m (9.0 ft.) 60 5.55 (18.04 ft.) 6.4 (21.00 ft.) 2.75m (9.0 ft.) 90 7.0 (22.97 ft.) 6.0 (19.62 ft.)

10.5.8 Parking for the physically handicapped shall be provided as

provincial regulations require and shall be considered as part of the number of stalls required for the project. A minimum of 2% of the total number of stalls shall be provided and clearly identified for use by the physically disabled, with a minimum stall width of 3.7m (12 ft.).

1/29/2014 LUB / Page 44

10.6.0 ACCESSORY BUILDINGS 10.6.1 All accessory buildings shall be located at least 2.4m (7.8 ft.) from

any principle building. 10.6.2 Notwithstanding Section 10.6.1, when a building used or proposed

to be used as an accessory building is located or proposed to be located closer to a principle building than 2.4m (7.8 ft.) it shall be connected to the principal building by a structural element including (for purposes of example but not limited to) common foundation, common roof, or common wall.

10.6.3 For the purpose of calculating yard setbacks and lot coverage

requirements as provided in this Bylaw, when an accessory building is to be attached to the principal building as provided for in Section 10.6.2, it shall be deemed to be part of the principal building.

10.6.4 An detached accessory building erected on a Lot shall not be used

as a dwelling. 10.6.5 In all Districts, with the exception of Agriculture District, the principal

building on each lot shall be deemed to be a detached single family dwelling whether or not the same has actually been located on the lot. Notwithstanding anything contained in the Land Use Rules applicable to such Districts, accessory buildings shall be considered as Permitted Uses only in cases where a detached single family dwelling is actually located on the Lot. In all other cases, accessory buildings shall be deemed to be a Discretionary Use of land within such Districts.

10.7.0 LANDSCAPING AND FENCING 10.7.1 Any area required to be landscaped may, at the discretion of the

Development Officer, be loamed and planted with grass, trees, shrubs, and/or flowers, or similar materials or a combination thereof which enhances the appearance of the lot and which complements the development thereon.

With the exception of those properties zoned as Residential District,

all trees, shrubs, shelterbelts, farm dugouts and fences shall be set back:

a. 5m (16.40 ft.) from property line adjacent to an internal road;

b. 20m (65.62 ft.) from the centreline of any Municipal road;

1/29/2014 LUB / Page 45

c. 25m (82.02 ft.) from the centreline of any Secondary Highway and Dunbow Road.;

d. 40m (131.23 ft.) from the ultimate right of way of any Primary

Highway. 10.7.2 The minimum distances required for yards do not apply to fences

less than 2m (6.5 ft.) in height. 10.7.3 Notwithstanding any other provision contained in this Bylaw no

person shall place or maintain any object, structure, fence, hedge, shrub, or tree in or on that part of a corner Lot location:

a. within the Residential, Industrial, Commercial and Direct

Control Districts which lies within a triangle as illustrated on the sketch shown below:

b. Within the Environmental, Agricultural, Country Residential

and Airport Districts which lies within a triangle as illustrated on the sketch below:

10.7.4 Lot grading, as defined by this Bylaw, shall be deemed to be a

discretionary use of land within the Agricultural, Country

1/29/2014 LUB / Page 46

Residential, Residential, Recreational, Commercial and Industrial Districts and will require a development permit. It may also be required, to the discretion of the Development Officer, to have a Professional Engineered Report submitted with the application. A development permit is exempt in cases where developments (Subdivisions) have pre-approved grading plans.

10.7.5 Landscaping, as defined by this Bylaw, does not require a

development permit. 10.8.0 HOME BASED BUSINESSES 10.8.1 Minor home based businesses shall comply with the following:

a. no offensive noise, vibration, smoke, dust, odour, heat, glare, electrical or radio disturbance detectable beyond the boundary of the lot shall be produced by the business.

b. a fascia sign to identify a home based business shall not exceed 0.55 sq. m. (5.92 sq. ft.) in area.

c. any materials or goods related to the business must be stored within the principal dwelling or accessory building and no outside storage is permitted.

d. up to 4 business visits per day are allowed. e. exterior alterations or additions to accommodate a business

shall not be permitted. f. the number of non-resident employees working on-site shall

not exceed 1. g. any vehicles, equipment, trailers or parts thereof, related to the

business only, (this does not include those personal or private vehicles, equipment or trailers) must be stored within the garage or accessory building, with the exception of the following:

i. on parcels that are under 10 acres, a maximum of 3 vehicles or equipment may be stored outdoors.

ii. on parcels that are 10 acres or over, a maximum of 5 vehicles or equipment may be stored outdoors.

10.8.2 Major home based businesses shall comply with the following:

a. the number of non-resident employees working on-site shall

not exceed 5.

b. up to 8 business visits per day are allowed.

c. on lots greater than 4 ha. (10 acres) exterior storage may be allowed if, in the opinion of the Development Officer, the exterior storage is adequately screened.

1/29/2014 LUB / Page 47

d. any interior or exterior alterations or additions to accommodate

a home business, may be allowed at the discretion of the Development Officer, as long as such alterations comply with this Bylaw, the Alberta Safety Codes Act and other bylaws applicable statutes, bylaws and regulations.

10.8.3 Upon issuance of a development permit for a minor and major

home based business, the applicant shall obtain a Business Licence from the Municipality. If the business licence is not obtained or is revoked or suspended, the development permit shall be and remain suspended until the business licence is obtained or re-instated.

10.8.4 The obtaining of a business licence may be the only condition of

issuance of a development permit for a home-based business if, in the opinion of the Development Officer, the business does not generate additional vehicular traffic.

10.9.0 BED & BREAKFAST 10.9.1 Bed and breakfast homes shall comply with the following:

a. a bed & breakfast shall be operated by a live-in owner(s) as a secondary use only, with a maximum of four (4) commercial accommodation units in each development and shall not change the residential character and external appearance of the dwelling involved.

b. the only meal to be provided to registered guests shall be

breakfast. No food preparation or cooking for guests shall be conducted within any bedroom made available for rent. All facilities shall meet public health regulations and be kept in a manner satisfactory to the health regulatory authority.

c. no accommodations unit shall include a kitchen.

d. maximum stay of 14 days per person is permitted.

e. a fascia sign which does not exceed 0.55 sq. m. (5.92 sq. ft.)

in area may be erected to identify a bed and breakfast facility. 10.10.0 RELOCATION OF BUILDINGS 10.10.1 All structural and exterior renovations to a relocated building are to

be completed within one year of the issuance of the building permit, failing which the relocated building shall be removed unless a development permit has been issued extending the time for completion.

1/29/2014 LUB / Page 48

10.11.0 SIGN CONTROL REGULATIONS

Any person applying to erect, enlarge or structurally alter a sign that is on privately owned lands shall comply with the provisions of this Part. These regulations do not deal with signage within Municipal or Provincial Right of Ways. A sign which is separate from a building must be located so as to comply with the front yard setback requirements applicable to the principal building unless otherwise provided, or exempted by a designated officer in writing.

10.11.1 SIGNS NOT REQUIRING A DEVELOPMENT PERMIT

The following signs do not require a development permit provided that they comply with the other requirements of this Bylaw or any other applicable statute, bylaw or regulation: 1. campaign signs for federal, provincial, municipal, regional

health authority, or school board elections on private property to a maximum of 1 sign per lot provided that:

a. such signs are removed within seven (7) days after the

election. Candidates must ensure that the site is cleaned up to its prior condition;

b. the consent of the property owner or occupant is obtained.

2. Signs relating to the sale, lease or rental of a building or land to which they are attached, provided that:

a. a sign is not illuminated; and b. each sign shall not exceed 1.0 sq. m. (11 sq. ft.) in area on

a Hamlet Residential District;

c. each sign shall not exceed 2.32 sq. m. (25 sq. ft.) in area in any other District;

d. each sign is removed within 14 days of the sale, lease or

rental;

3. Signs indicating the address and/or owner of a residence or the name of a home-based business provided that the signs do not exceed 0.55 sq. m. or 5.92 sq. ft. This sign is

1/29/2014 LUB / Page 49

permitted to be placed at the entry of the property, provided it is solely on the landowner’s property and not in the right of way;

4. Signs indicating the name of the Development, provided that they do not exceed 2.32 sq. m. (25 sq. ft.) in area and that they are located on lands within that same Development, not within any Municipal or Provincial Right of Way or as means of advertisement on other lands located within the Municipality. Only one sign per Development is permitted.

5. Signs on land or buildings for religious, educational, cultural,

recreational, medical or similar public or quasi-public purposes that relate to the use of the land or buildings on which they are displayed, provided that:

a. the sign shall not exceed 2.5m (8 ft.) in height or 5.9 sq. m.

(64 sq. ft.) in area; and b. there shall be a limit of one sign per lot.

6. Temporary signs advertising sales displayed on the interior or exterior of the building in which such sales will be or are being conducted, and are intended to be displayed for a short time period. Such advertisements shall be removed within 14 days of the completion of the said sale.

7. Temporary signs (no more than 14 days) with an area of less than 1.0 sq. m. (11 sq. ft.) intended to advertise any local event being held for charitable purposes, which may be religious, education, cultural, political, social or recreation, but not for commercial purposes;

8. Gate Signage is permitted on 21 acres or more and shall not exceed 1.0 sq. m. (11 sq. ft.);

9. A development permit shall not be required to clean, repair or

repaint any sign provided that the sign is not being changed from its original content, and was originally approved through a Development Permit or exempted under the Land Use Bylaw.

For the purposes of this Section it should be noted that “Vehicle Signs” are at no time considered under this Section of the Bylaw, and must go through the Section requiring a Development Permit.

1/29/2014 LUB / Page 50

10.11.2 SIGNS REQUIRING A DEVELOPMENT PERMIT

1. A development permit shall be obtained for all signs that are not specifically mentioned in Section 10.11.1, including all signs listed under 10.11.4.

2. Where a sign is located within a 300m (1,000 ft.) of a Provincial Highway, the landowner and/or applicant must have a Roadside Development Permit before the M.D. will consider applications for a Development Permit.

3. An application for a development permit to structurally alter or

erect a sign that requires a development permit shall be made to the Development Officer and shall include the following:

a. a letter of consent from the land or building owner;

b. the name and address of the sign company responsible for

the sign;

c. the owner of the sign; d. two copies of a rendering/illustration of the proposed sign

with dimensions and total sign area, height of top and bottom of the sign above average ground level and thickness of the sign;

e. materials, finishes, colors, size of lettering and graphics;

f. mounting or installation details. Wherever the conditions of

installation require unusual structural provisions, the Development Authority may require that a structural drawing be prepared and sealed by a Professional Engineer;

g. the location of all existing and proposed signs on the

building façade or on a site plan of the parcel indicating the front and side property lines, setbacks and distances from existing buildings;

h. the appropriate fee as amended from time to time by

Council resolution. 3. Where an applicant wishes to deviate from the terms of the

development permit, the applicant shall notify the Development Officer, submit amended drawings and if required by the Development Officer, make application for a new development permit and submit the prescribed fee.

1/29/2014 LUB / Page 51

10.11.3 GENERAL SIGN REGULATIONS

1. All signs, whether or not they require a development permit, shall meet the following general provisions:

a. a sign shall not be located such that it obstructs visibility at

roadway intersections. b. no signs shall be erected on or affixed to private property

without the consent of the owner.

c. flashing or animated signs or signs illuminated from within shall not be permitted in developments where, in the opinion of the Development Officer, they might: i. affect residents in adjacent housing or residential

districts and are visible from any residential property within a distance of 90m (295 ft.); or

ii. interfere with the interpretation of traffic signs or controls.

iii. is in contravention of the Municipality’s Dark Sky Bylaw

d. temporary signs relating to a specific sale, event or work shall be removed by the advertiser within 14 days after completion of the sale, event or work to which the sign relates.

e. quality, aesthetic character and finishing of sign

construction shall be to the satisfaction of the Development Officer.

f. pursuant to Section 6.1.0, where a sign is not kept in a

safe, clean state of repair, the Development Officer may, by written notice, require the person responsible for the sign or the owner of the property or both to remove the sign or alter or refurbish the sign within a certain specified time period. Where no action is taken, the Development Officer may:

i. enter upon the land and take such action as is necessary to carry out the order and cause the costs incurred in carrying out the order to be placed on the tax roll as an additional tax against the person responsible for the sign or the property owner;

ii. Take action under the Community Standards Bylaw

g. no sign, notice or advertising device shall be erected within 300m (984 ft.) from the limit of a controlled highway without a permit from the Minister of Transportation and Utilities pursuant to Section 5 of the Highway Development Control Regulation, Alberta Regulation 242/90.

1/29/2014 LUB / Page 52

10.11.4 DEFINITIONS For the purpose of this section 10.11.0, certain words and expressions are

defined as follows: “Billboard Sign” means a sign, primarily self-supporting and permanently

affixed to the ground, that advertises goods, products, services, events or facilities which are at a location other than the property on which the sign is located.

“Directional Sign” means a sign which is required to provide direction to a

business, trade or institution and advertises goods or services which are at a location other than the property on which the sign is located. A directional sign may also be a temporary sign depending on how it is to be used.

“Fascia Sign” means a sign placed flat and parallel to the face of a

building so that no part projects more than 0.3m (1 ft.) from the building. “Free standing Sign” means a sign on a standard base or column

permanently fixed to the ground and not attached to any building or other structure. The sign advertises goods and services which are at the location on which the sign is located.

“Functional Sign” means a sign which is not intended to be used for

promotional purposes. It is required by public authorities, utility companies and other companies. Its sole purpose is for the direction and control of traffic, pedestrians or parking. e.g. identification of service locations and on-site hazards.

“Portable Sign” means:

1. a sign on a standard, column or A-frame boards fixed to its own self-contained base and capable of being moved manually, which is not attached to a building or to the ground; or

2. any sign mounted on a vehicle, trailer or wagon, that is parked on a lot, whose sole purpose is advertising.

“Roof Sign” means any sign erected upon, against, or directly above a

roof or on top of or above the parapet wall of a building. “Sign” means any device or structure used for the display of

advertisements, pictures and/or messages and without, in any way, restricting the generality of the foregoing, includes posters, notices, panels and boarding.

“Sign Area” means the total surface within the outer edge of a frame or

graphics, the sum of the area of the smallest rectangle enclosing the letters, numerals or graphics.

“Temporary Sign” means a sign which is not permanently anchored to the

ground or affixed to a building, advertising for a limited time goods, services or activities and which by their nature, could readily be relocated to service

1/29/2014 LUB / Page 53

a similar purpose in another location. These include garage sale signs, banners, portable signs, pennants, signs advertising a demonstration of agricultural methods and signs announcing the sale of goods or livestock on land not normally used for commercial purposes.

“Vehicle Sign” means a sign that is affixed or painted onto a vehicle, which

includes trailers, with or without wheels, C-Cans, wagons, cars, trucks, tractors, RV’s, mobile billboards, etc. that is used for advertising of any kind, real estate or elections. The only exemptions to this definition is if the vehicle & trailers are being used as your work vehicle that takes you to and from work or it is you primary vehicle for transportation purposes.

10.12.0 KEEPING OF DOGS / KENNELS

Subject to restrictions contained in any other bylaw, the keeping of up to three (3) adult dogs over 6 months of age on a lot containing a dwelling without a development permit is permitted.

10.12.1 KENNEL DEFINITIONS

“kennel (private)” – the keeping on a lot by the occupant of a dwelling located on the lot for any purpose of 4 or more dogs (but less than 10) which are owned by the occupant. “kennel (commercial)” means the keeping on a lot for any purpose of four or more dogs not provided for under the definition for kennel (private).

10.12.2 KENNEL REGULATIONS – Commercial Kennels

a. The development authority may, when issuing a development permit, determine the maximum number of dogs that may be kept at any one time by the operator of a private or commercial kennel.

b. In determining the number of dogs, pups less than six months

of age shall not be included.

c. No building or exterior exercise area(s), to be used to accommodate the dogs shall be allowed within 300m (1,000 ft.) of any dwelling located on adjacent lots.

d. All dogs, including pups, shall be kept indoors between the

hours of 9:00 PM to 7:00 AM daily.

1/29/2014 LUB / Page 54

e. All dog facilities, including buildings and exterior exercise areas, shall be located to the rear of the principal building unless otherwise approved by the Development Authority.

f. All dog facilities shall be visually screened by fences or

landscaping from the existing dwellings on adjoining lots.

g. Failure to comply with any of the above regulations or the conditions of a development permit may result in the Council of the Municipal District of Foothills No. 31 revoking the permit.

1/29/2014 LUB / Page 55

10.13.0 AGRICULTURAL USES 10.13.1 AGRICULTURAL DEFINITIONS

For the purpose of this Bylaw, certain words and expressions are defined as follows: “agricultural (general)” means systems of tillage and animal husbandry which involve methods used on large areas of land for the raising of crops or the rearing of livestock (provided that the density of the operation does not exceed 1 animal unit per 3 acres of land) either separately or in conjunction with one another in unified operations and includes buildings and other structures incidental to the agricultural operation except where: a. the intent of the building or structure is to be used as an

“arena, private”, “arena, limited public”, or “arena, commercial” as defined in Section 3.1.1 of the Land Use Bylaw.

“agricultural (intensive use)” means systems of tillage and animal husbandry which involve concentrated methods used on areas of land to raise crops or keep livestock, poultry, and other animals, or their products for market, and includes intensive livestock operations, intensive swine operations, intensive poultry operations, intensive vegetative operations. For purposes of this definition: a. “intensive livestock operation” means the concentrated

rearing or confinement of livestock other than poultry or swine, at densities greater than one (1) animal unit per three (3) acres.

b. “intensive poultry operation” means the concentrated

rearing or confinement of three hundred (300) or more poultry on a lot.

c. “intensive swine operation” means the concentrated

rearing or confinement of swine at densities greater than the lesser of 1 animal unit per three (3) acres of land or fifteen (15) swine per lot.

d. “intensive vegetation operation” means a system of

tillage for the concentrated raising of specialty crops for retail or wholesale distribution, including but not limited to tree

1/29/2014 LUB / Page 56

farms, greenhouses, plant nurseries, sod farms, and similar uses.

e. “one animal unit” means the number of animals set out in

the right-hand column for each kind of animal named in the left-hand column of the table set out hereunder:

f. this definition does not apply to a Confined Feeding

Operation that is governed by the provisions of the “Agricultural Operation Practices Act.”

g. “manure storage facility” means a storage facility for

manure that is livestock excreta, associated feed losses, bedding, litter, soil and wash water, but does not include manure to which the Fertilizers Act” (Canada) applies. A Manure Storage Facility will require authorization through the Natural Resources Conservation Board.

h. “Confined Feeding Operation” has the meaning given to it

by the Agricultural Operations Practice Act, as it may be amended from time to time. Appendix “A” to this Bylaw sets out the policies and procedure of the Municipal District of Foothills No. 31 regarding a Confined Feeding Operation.

1/29/2014 LUB / Page 57

Kind of Animal Number of Animals Equivalent To One Animal Unit Cattle: Dairy Cows……………………………………………………………………….. 1 Beef, Cows or Bulls (greater than 1,000 lbs – may include calf at side)……. 1 Buffalo or Beefalo………………………………………………………………… 1 Feeder Cattle (between 500 lbs. and 1,200 lbs.)…………………………….. 2 Replacement Heifers (between 500 lbs. and 1,00 lbs.)……………………… 2 Calves (less tan 500 lbs. – excludes calves at side)…………………………. 5 Swine: Sow, farrow to weaning (includes gilts suckling 18 kg)………………………. 2 Feeder Hogs (54 kg average)………………………………………………...… 2 Weaner Hogs (less than 20 kg)………………………………………………… 5 Poultry: Chickens or Ducks………………………………………………………………. 30 Geese or Turkey Hens, heavies……………………………………………….. 10 Geese or Turkey Toms, heavies………………………………………………. 10 Geese or Turkey broilers……………………………………………………….. 10 Sheep: Rams or Ewes plus Lambs at side…………………………………………….. 5 Lambs……………………………………………………………………………... 12 Horses: Horse (1 year and older)……………………………………………………….. 1 Horse with Foal…………………………………………………………………… 1 Weanling………………………………………………………………………….. 2 Miniature………………………………………………………………………….. 4 Donkeys…………………………………………………………………………………… 2 Mules………………………………………………………………………………………. 1 Elk, Bulls………………………………………………………………………………...… 3 Elk, Cows…………………………………………………………………………………. 4 Elk, Calves………………………………………………….…………………………….. 12 Llamas……………………………………………………………….……………………. 5 Alpaca……………………………………………………………………….…………….. 6 Goats………………………………………………………………………………………. 5 Ostriches………………………………………………………………………….………. 3 Emu……………………………………………………………………………………….. 7 Rabbits………………………………………………………………………………….…. 40 NOTE: The development authority may determine the number of animals equivalent to one animal unit for any kind of animal not named above. 10.13.2 APPLICATIONS FOR AGRICULTURAL INTENSIVE USE

1/29/2014 LUB / Page 58

1. A development permit is required for all agricultural intensive uses whether such uses involve a new facility or expansion of an existing facility.

2. A new intensive livestock operation or an expansion of an

existing intensive livestock operation and related short-term manure storage should be setback a minimum of 150 metres from neighbouring dwellings. In determining the extent of the setback, the distance shall be measured from the neighbouring dwelling (not the property line of the lot upon which it is located) to the point closest to the intensive livestock operation, including related manure storage facilities. Activities associated with the intensive livestock operation or related short-term manure storage, such as feed handling and storage, office, water supply, and land upon which manure is spread shall not be considered to be part of the intensive livestock operation or related short-term manure storage, for the purposes of determining the minimum setback limit.

3. A facility for the short-term storage of manure must be setback

a minimum of 100 metres (328 feet) from any spring or water well and 30 metres (99 feet) from any open body of water. The Development Officer may consider a variance to the setback based upon circumstances peculiar to a particular application.

4. “Short-term” Storage means, in relation to manure, the

storage of manure in a manure storage facility for a period not exceeding six (6) consecutive months.

5. If there is a concern with the environmental impact of an

agricultural intensive use (whether new or expanded), the development permit application will be referred for comment to Alberta Environmental Protection, the Regional Health Authority and Alberta Agriculture, Food and Rural Development, who will be given 30 days to respond with their comments unless a longer period is agreed to by the Municipality.

6. It will be the responsibility of the owner and operator of any

agricultural intensive use to ensure that all manure storage facilities are designed and constructed to avoid contamination of groundwater, prevent contaminated surface water from leaving the property, and reduce odour nuisance.

1/29/2014 LUB / Page 59

7. The owner and operator of an intensive livestock operation shall be required to satisfy the approving authority that sufficient land is available for the use of the manure produced by the operation.

8. In no circumstances shall a new or expanded agricultural

intensive use be permitted within 122m (400 ft.) from a water course or water body which is not entirely surrounded by the lot or lots on which the operation is located, unless suitable containment facilities are constructed to the satisfaction of the Development Officer.

9. All agricultural intensive use applications must comply with all

applicable provisions of the Code of Practice.

10. Seasonal feeding or wintering livestock between November 1 and May 31 are to be considered under the applicable agricultural intensive use requirements.

11. The Development Officer may impose more restrictive

conditions on approval of an application for a development permit for an intensive agricultural operation than those set out above.

10.13.3 CONFINEMENT OF ANIMALS

The owner and occupier of a lot or lots upon which livestock is kept is responsible for confinement of the livestock within boundaries of the lot or lots.

10.14.0 NON-CONFORMING USES AND NON-CONFORMING BUILDINGS 10.14.1 Section 616(q) and (r) of the Municipal Government Act define

“non-conforming building” and “non-conforming use” respectively. Section 643 of the Municipal Government Act regulates and controls non-conforming uses and non-conforming buildings. For convenience, the texts of Section 616(q) and (r) and Section 643 are reproduced below.

a. 616(q) “non-conforming building” means a building

i. that is lawfully constructed or lawfully under construction at the date a land use bylaw affected the building or the land on which the building is situated becomes effective, and

ii. that on the date the land use bylaw becomes effective does not, or when constructed will not, comply with the land use bylaw;

1/29/2014 LUB / Page 60

b. 616(r) “non-conforming use” means a lawful specific use

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

ii. that on the date the land use bylaw becomes effective does not, or in the case of a building under construction will not, comply with the land use bylaw.

c. 643(1) if a development permit has been issued on or before

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

643(2) a non-conforming use of land or a building may be continued but if that use is discontinued for a period of 6 consecutive months or more, any future use of the land or building must conform with the land use bylaw then in effect. 643(3) a non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non-conforming building, may not be enlarged or added to and no structural alterations may be made to it or in it. 643(4) a non-conforming use of part of a lot may not be extended or transferred in whole or in part to any other part of the lot and no additional buildings may be constructed on the lot while the non-conforming use continues. 643(5) a non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered except: i. to make it a conforming building; ii. for routine maintenance of the building, if the development

authority considers it necessary; or iii. in accordance with a land use bylaw that provides minor

variance powers to the development authority for the purpose of this section.

643(6) if a non-conforming building is damaged or destroyed to the extent of more than 75% of the value of the building

1/29/2014 LUB / Page 61

above its foundation, the building may not be repaired or rebuilt except in accordance with the land use bylaw. 643(7) the land use or the use of a building is not affected by a change of ownership or tenancy of the land or building.

10.15.0 LAND SUBJECT TO FLOODING 10.15.1 All proposed new lots shall have an acceptable principal building

site above the 1 in 100 year flood plain. 10.15.2 On existing registered lots, development may be allowed within the

1 in 100 year flood plain provided that:

a. the developer or registered owner agrees in writing to indemnify the Municipality for any damage to or loss of the development caused by flooding or subsidence;

b. the mechanical and electrical equipment is located above the

1 in 100 year flood elevation. 10.16.0 DESIGNATED MANUFACTURED HOMES, DWELLING TEMPORARY &

SECONDARY SUITES 10.16.1 A designated manufactured home in excess of 6.10m (20 feet) both

in width and length may be used as a permanent detached single family dwelling if placed upon a permanent foundation pursuant to the provisions of the Alberta Building Code and in compliance with the minimum habitable area requirements for a dwelling in the applicable Land Use District. Should the mobile home be 10 years old or newer from the proposed date the structure is being placed on the parcel, it will not be treated as a moved on dwelling.

10.16.2 A designated manufactured home less than 6.10m (20 feet) in

width or length constructed after the mobile home is under 10 years old, which meets the requirements of the Alberta Building Code, may be used as a permanent detached single family dwelling on parcels of 32.38 ha (80 acres) or more in size if place on a permanent foundation pursuant to the provisions of the Alberta Building Code and in compliance with the minimum habitable area requirements for a dwelling in the applicable land use district.

10.16.3 A development permit for a designated manufactured home and

dwelling temporary not placed on a permanent foundation may be approved for a temporary period not exceeding:

1/29/2014 LUB / Page 62

a. Dwelling temporary (24 months) where it is to be used for farm help purposes for the landowner; and

b. Dwelling temporary (24 months) where it is to be used as a

dwelling temporary while the principle dwelling on the lot is under construction provided that either: i. construction of the principal dwelling has progressed to the

stage where the basement has been enclosed; or ii. before accepting the Development Permit as complete, the

applicant must submit a Letter of Credit or cash deposit in the amount of a flat fee to be set annually by Council, to ensure the removal of the mobile home.

10.16.4 A development permit for a designated manufactured home not

placed on a permanent foundation, a dwelling temporary not laced on a permanent foundation or a secondary suite (in a dwelling only) may be approved for a temporary period not exceeding:

a. 24 months when it is used for the housing of a

housekeeper/nanny, parents or children of the landowners. An application for renewal of a temporary development permit shall be made prior to expiration of the temporary development permit and in accordance with Section 4.3.0, setting forth the reasons therefore.

10.17.0 DETACHED SINGLE FAMILY DWELLINGS ON THE SAME SITE 10.17.1 No person shall erect a detached single family dwelling or a

designated manufactured home (which has been erected in accordance with Section 10.6.1) on a lot less than 32ha. (80 acres) on which another detached single family dwelling or designated manufactured home is already located unless the lot is used exclusively for agriculture and the additional dwelling is required to accommodate farm help to be employed directly in connection with the agricultural operation.

10.18.0 DENSITY AND PARCEL SIZE EXEMPTIONS 10.18.1 Lots used for Public Works, school purposes, school reserve,

municipal reserve and/or municipal/school reserve land shall be exempt from:

a. the minimum lot size requirements; and

b. the density calculations for maximum number of Lots or

dwellings per quarter section.

1/29/2014 LUB / Page 63

10.19.0 BOUNDARY ADJUSTMENTS 10.19.1 A land use redesignation is not required when a subdivision is

carried out solely for the purpose of adjusting the boundaries of an existing lot such that no additional lots are created and the lot boundaries do not contravene the yard setback limits or minimum or maximum sizes for the district as set forth in this Bylaw.

The portion of a lot including a road plan or railway plan that has

been consolidated by a boundary adjustment or other means acceptable to Land Titles, with the title to another lot will automatically reflect the district designation of the lot with which it has been consolidated.

10.20.0 ROAD ALLOWANCES, ROAD PLANS, OR RAILWAY PLANS All lands forming part of a road allowance, road plan or railway plan

shall be designated Agricultural District. Upon the issuance of a separate certificate of title for all or a portion of the road allowance, road plan or railway plan the lands shall continue to be designated Agricultural District unless a bylaw is passed changing such designation.

10.21.0 TELECOMMUNICATION TOWERS Industry Canada has full authority over telecommunication towers

and will ensure that land use authority consultation has been taken into consideration before issuing an authorization for significant antenna structures.

Any tower proposed to be located within the Municipal District of

Foothills will be required to comply with all aspects of the policies adopted by Council, attached as Appendix B to the Land Use Bylaw. Council will either show its support or non-support towards the proposed location based on the required information.

10.22.0 CONFINED FEEDING OPERATIONS The Natural Resources Conservation Board has full authority over

Confined Feeding Operations (CFO) and manure storage facilities. Any confined Feeding Operation (CFO) or Manure Storage Facility

proposed to be located within the Municipal District of Foothills will be required to comply with all aspects of the Procedures adopted by Council, attached as Appendix A to the Land Use Bylaw.

1/29/2014 LUB / Page 64

10.23.0 LOT GRADING AND DRAINAGE Lands being graded to accommodate such things as landscaping,

land contouring, borrow pits (that does not create a dugout), on site access roads, the erection of buildings, etc, that in any way changes the natural drainage of the property must apply for and receive a development permit approval before such work is permitted to be carried out, provided that Lot Grading is a use that falls under either the Permitted or Discretionary uses of the appropriate Land Use District.

It should be noted that materials leaving the site, defined under

Natural Resources, require additional permits to be obtained. The only exception to this section would be if there was a site

grading or lot grading plan already in place from an existing approved subdivision or development permit. If this is the case, all work must be carried out and conform to that approved plan.

In considering whether to approve a site or lot grading plan, the

approving authority may have additional due regard for: a. any statutory plans; b. a statement of the effect on water courses and drainage

patterns; c. any geotechnical reports; d. conservation of water courses; e. ensuring that any alteration does not effect the ingress or

egress of water flow from a property, nor create potential drainage effects either positive or negative, on other properties or environmentally significant areas

1/29/2014 LUB / Page 65

APPENDIX A CONFINED FEEDING OPERATION DEFINITION: “Confined Feeding Operation (CFO) is defined in the Agricultural Operation Practices Act (AOPA) as “an activity on land that is fenced or enclosed, or within buildings where livestock are confined for the purpose of growing, sustaining, finishing, or breeding by means other than grazing, but does not include seasonal feeding and bedding sites”. At the time of adoption of this policy, a CFO will require either registrations or approvals through the Natural Resources Conservation Board (NRCB). Readers are advised to contact the NRCB for up-to-date information. Although the NRCB is the approving authority in respect of CFO that are not included in the license, permit or approval, or other authorization granted by the NRCB that will fall under the Municipal approval process. These are dealt with below. PROCEDURE FOR THE APPLICANT: - The applicant must obtain the necessary license, permit, approval, or other

authorization granted by the NRCB. - The applicant must then apply for a Development Permit for a “development

incidental or ancillary to a CFO”, which is a permitted use in the Agricultural District. The applicant will be required to submit the following information with the Development Permit application:

Development Permit fees (please see the Development Officer for the amount);

Site plan indicating access locations to and from the lot, including roads and highways to be used;

A statement regarding the roads and highway to be used and dust control measure to be implemented;

A statement regarding the amount of traffic generated on a daily or monthly basis on those roads or hauling routes, whichever most accurately reflects the facts.

- The Development Permit and supporting information is circulated by the

Development Officer to the necessary referral agencies and internal departments (i.e., Public Works, Council, and Alberta Transportation).

- The Development Officer makes an approved decision on the file and a letter

is circulated to landowners within a half mile. The decision is based on a “permitted use” and, therefore, does not allow the right of appeal.

- Upon the applicant’s completion of the conditions of approval, the file is

closed.

1/29/2014 LUB / Page 66

APPENDIX B TELECOMMUNICATION TOWERS POLICIES & PROCEDURE ON TELECOMMUNICATION TOWERS: (Federally Regulated only, those that do not fall under federal jurisdiction must go through the necessary applications of the M.D. of Foothills No. 31). VISION STATEMENT: The Municipal District of Foothills (hereafter known as “the Municipality”), by way of the policies listed, will take proactive steps to limit the number of towers within the Municipality by encouraging carries towards co-utilization. It is important to the Council of the Municipality to have telecommunication towers placed in an area that will have the least amount of opposition to and visual impact upon nearby residents. POLICIES: Location New telecommunication towers should be encouraged to locate in the areas

zoned as Agriculture District and Industrial District. All equipment shelters and tower locations must meet the Municipality’s

setback distances to roads and property lines. Co-Location All Carriers requesting a new telecommunication tower (freestanding antenna

structure) will be required to identify any other such structure within a 5-mile radius of the proposed site location. Each request should also provide documentary evidence that co-location of the existing structures within that 5-mile radius is not a viable alternative to a second structure.

The co-location of additional carriers is preferred and supported by this

Municipality. Each new tower request should allow for co-utilization. Required are letters from all four currently registered telecommunication carriers (Rogers AT&T, Telus Moblity, Microcell Connextions and Bell Mobility) indicating that they can or cannot co-locate on this tower. Reasons for not co-locating will be required.

Future requests for towers within the vicinity of the proposed tower will not be

supported by the Municipality if that Carrier chooses not to co-locate when asked. Sufficient reasons and explanations will need to be submitted to support another tower in that area.

Public Consultation

1/29/2014 LUB / Page 67

The carriers will be responsible for contacting area landowners within a one-

mile area and for holding a public meeting prior to a submission to the Municipality. The public consultation is intended to provide an opportunity for local community concerns to be addressed when a telecommunication tower is proposed. One staff member of the Municipality and the Councillor for the area, or an alternative, will also attend this meeting.

The Freedom of Information and Protection of Privacy Act restricts the

Municipality from providing the Carriers with landowner information. Therefore, the Municipality will be responsible for sending the mailout to those area residents within one mile, at the Carrier’s cost. The fees for each mailout would depend on the number of people to be contacted for each area. With each mailout, the Carrier will be responsible to submit a letter which will give notification of the location of the tower, physical details of the tower, the time and location of the public meeting, and a contact name and phone number of someone employed by the Carrier who can answer questions regarding this proposal. The mailout should be sent 20 days prior to the public meeting and the Carriers should allow an extra 5 days to give the Municipality reasonable time to get the notices out.

From the public meeting, the Carriers will be responsible to provide the

Municipality with a copy of the agenda and the minutes indicating the topics discussed, additional concerns raised with resolutions, and any outstanding issues that the Carriers and/or Landowners could not resolve. After the Public Consultation has been held, the Carrier, if it wishes to proceed, shall submit its formal proposal to the Municipality.

Design Standards Where Transport Canada requires that a telecommunication tower be lighted,

the following steps are encouraged to minimize visual impacts: 1. the lighting of equipment structures and any other facilities on site should

be shielded from adjacent properties where possible without interfering with the requirements of Transport Canada;

2. all lighting should be a minimum number of low intensity white lights; and 3. the strobe interval should be the maximum allowable by Transport

Canada, and the strobe lights should only be used if absolutely necessary.

Municipality Consultation & Decision The Carriers will submit their formal proposal to the Development Officer of

the Municipality. The Development Officer will present the proposal to Council and will provide his/her position of support or non-support towards the formal proposal.

1/29/2014 LUB / Page 68

The Municipality will provide its position to the Carriers within a 30-day period

of receiving the proposal. This decision will also be forwarded to Industry Canada by the Development Officer.

1/29/2014 LUB / Page 69

SECTION 11.0.0 ENVIRONMENTAL PROTECTION DISTRICT 11.1.0 PURPOSE AND INTENT 11.1.1 To provide for the preservation and protection of land which is

determined to be Environmentally Significant or land dedicated as Environmental Reserve. These lands may be owned or managed by the Municipality, an individual landowner or public land trust.

11.2.0 LIST OF PERMITTED AND DISCRETIONARY USES

Provided that the lot that is the site of the proposed use complies with the subdivision design requirements prescribed for this district.

11.2.1 PERMITTED USES Agricultural General Uses (as outlined in an approved management

plan referred to in Section 11.6.1) Public Works 11.2.2 DISCRETIONARY USES Accessory Buildings – Temporary Pathways – Equestrian / People Utilities 11.3.0 GENERAL REQUIREMENTS 11.3.1 Refer to Section 4.2.0 in the Land Use Bylaw for uses not requiring a

development permit and to Section 10.0.0 for the general land use regulations and provisions that apply to this District

11.4.0 MINIMUM REQUIREMENTS 11.4.1 A dwelling, whether temporary or permanent, shall not be located: a. Within 450 metres of the working area of an operating sanitary

landfill, modified sanitary landfill, hazardous waste management facility or dry waste site,

b. Within 300 metres of the disposal area of an operating or non-operating sanitary landfill, modified sanitary landfill or dry waste site,

c. Within 450 metres of the disposal area of a non-operating hazardous waste management facility, or

d. Within 300 metres of the working area of an operating waste processing site, waste storage site, waste sorting station or waste transfer station.

1/29/2014 LUB / Page 70

11.4.2 Front Yard Setback:

a. 15m (49.21 ft.) from Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the centreline of the Municipal Road c. 64m (209.97 ft.) from the centreline of the Secondary Highway d. 40m (131.23 ft.) from the boundary of the right-of-way for a

Primary Highway 11.4.3 Side Yard Setback:

a. 15m (49.21 ft.) from Property Line 11.4.4 Rear Yard Setback:

a. 15m (49.21 ft.) from Property Line 11.4.5 Provided that, if the Title to a lot is subject to a caveat in respect of a

land dedication or an agreement for the acquisition of land for road widening purposes, the front, side and rear yard setback shall be the greater of 15m (49.21 ft.) from the future front yard boundary or the distance set out in Sections 11.4.2, 11.4.3 & 11.4.4.

11.4.6 Slope Setback: a. Where the slope is 15% or more, the greater of 30m (98.43 ft.) or

the distance determined by a Geotechnical Report. 11.4.7 Water Course Setback (crown owned bed & shore): a. 30m (98.43 ft.) 11.5.0 MAXIMUM LIMITS 11.5.1 Height of Buildings: a. No higher than 10m (32.81 ft.) 11.6.0 SUBDIVISION DESIGN REQUIREMENTS 11.6.1 All development permit applications must conform to a management

plan to be prepared by the applicant and approved by Council prior to the time that an application for a development permit is made.

Number of lots per ¼ Section or area of land in certificate of title

existing on March 11, 2004: a. One (1) Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section

1/29/2014 LUB / Page 71

Number of lots per quarter section or existing certificate of title: a. One (1) or; b. Number of lots allowed for by Bylaw amending this section

11.6.2 Minimum Lot Size No less than:

a. the area contained in the Title existing on March 11, 2004 11.6.3 Maximum Lot Size No greater than:

a. one ¼ section or b. the area contained in the Title existing on March 11, 2004,

whichever is lesser. 11.6.4 Non-Complying Subdivision Proposal A person who wishes to subdivide land in this district into lots that will

not comply with the foregoing subdivision design requirements, will first have to apply for an appropriate bylaw amendment to such requirements. See the Appendix to this district for a list of such bylaws that have already been passed.

11.7.0 SPECIAL REQUIREMENTS 11.7.1 All development permit applications must conform to a management

plan to be prepared by the applicant and approved by Council prior to the time that an application for a development permit is made.

11.8.0 BYLAW LIST: Please refer to tab labelled Bylaws

1/29/2014 LUB / Page 72

SECTION 12.0.0 AGRICULTURAL DISTRICT 12.1.0 PURPOSE AND INTENT To preserve agricultural lands for agricultural purposes and to allow for

a broad range of agriculture uses. A-A: Agricultural uses considered suitable in areas requiring special

consideration due to physical constraints and environmental characteristics.

12.2.0 LIST OF PERMITTED AND DISCRETIONARY USES Provided that the lot that is the site of the proposed use complies with

the Subdivision Design Requirements for this district. 12.2.1 PERMITTED USES

GENERAL Accessory Buildings not requiring a Development Permit – Section

4.2.1(n) Accessory Uses Agricultural (General) Dwelling – detached single family

No more than 2 such dwellings are permitted on a single lot that is 32.4 ha (80 acres) or more in size;

No more than 1 such dwelling is permitted on a single lot that is less than 32.4 ha (80 acres) or more in size.

Public Works Sign not requiring a development permit – Section 10.11.1 Temporary storage of up to five (5) unoccupied recreation vehicles SITE SPECIFIC – Please refer to tab labelled Bylaws 12.2.2 DISCRETIONARY USES Accessory Buildings requiring a Development Permit – Section 10.6.0 Agricultural Intensive Antenna Structures, Private Arenas, Private Boarding of Horses (within the permitted 1 animal unit per 3 acres of land) Dwelling, detached single family, in addition to the number of dwellings

that are listed as a permitted use on a single lot. Designated Mobile Home on lots less than 32.4ha (80 acres) Dugouts on a lot under 21 acres in size Dugouts for non-agricultural uses

1/29/2014 LUB / Page 73

Dwelling Temporary Excavation and stockpiling of soil for agricultural purposes Home Based Business Minor Kennels, Private Lot Grading Moved Houses on a parcel of land under 80 acres in size Signs Requiring a development permit – Section 10.11.2 Storage of between 6 and 10 unoccupied recreation vehicles. 12.3.0 GENERAL REQUIREMENTS 12.3.1 Refer to Section 4.2.0 in the Land Use Bylaw for uses not requiring a

development permit and to Section 10.0.0 for the general land use regulations and provisions that apply to this District

12.4.0 MINIMUM REQUIREMENTS 12.4.1 A dwelling, whether temporary or permanent, shall not be located: a. Within 450 metres of the working area of an operating sanitary

landfill, modified sanitary landfill, hazardous waste management facility or dry waste site,

b. Within 300 metres of the disposal area of an operating or non-operating sanitary landfill, modified sanitary landfill or dry waste site,

c. Within 450 metres of the disposal area of a non-operating hazardous waste management facility, or

d. Within 300 metres of the working area of an operating waste processing site, waste storage site, waste sorting station or waste transfer station.

12.4.2 Front Yard Setback:

a. 15m (49.21 ft.) from Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the centreline of the Municipal Road c. 64m (209.97 ft.) from the centreline of the Secondary Highway d. 40m (131.23 ft.) from the boundary of the right-of-way for a

Primary Highway 12.4.3 Side Yard Setback: a. 15m (49.21 ft.) from Property Line 12.4.4 Rear Yard Setback: a. 15m (49.21 ft.) from Property Line 12.4.5 Provided that, if the Title to a lot is subject to a caveat in respect of a

land dedication or an agreement for the acquisition of land for road widening purposes, the front, side and rear yard setback shall be the

1/29/2014 LUB / Page 74

greater of 15m (49.21 ft.) from the future front yard boundary or the distance set out in Sections 12.4.2, 12.4.3 & 12.4.4.

12.4.6 Slope Setback: a. when the slope is 15% or more, the greater of 30m (98.43 ft.) or

the distance determined by a Geotechnical Report but in any case, not less than the applicable front, side or rear yard setbacks.

12.4.7 Water Course Setback (crown owned bed & shore) a. 30m (98.43 ft.) 12.4.8 Habitable Area per Dwelling – 100 m2 (1,077 sq. ft.) 12.5.0 MAXIMUM LIMITS 12.5.1 Height of Buildings a. no higher than 10m (32.81 ft.) 12.5.2 Height of Arenas 10.67m (35 ft.) 12.6.0 SUBDIVISION DESIGN REQUIREMENTS 12.6.1 Number of lots per quarter section of area of land in certificate of title

existing on March 11, 2004: a. One (1) 12.6.2 Minimum Lot Size No less than:

a. 21 acres, or b. The area contained in the title existing on March 11, 2004,

whichever is greater. 12.6.3 Maximum Lot Size No greater than:

a. one quarter section or b. the area contained in the Title existing on March 11, 2004,

whichever is the lesser. 12.6.4 Non-Complying Subdivision Proposal

A person who wishes to subdivide land in this district into lots that will not comply with the foregoing subdivision design requirements, will first have to apply for an appropriate bylaw amendment to such requirements. See the Appendix to this district for a list of such bylaws that have already been passed.

1/29/2014 LUB / Page 75

12.7.0 SPECIAL REQUIREMENTS A bylaw amending the minimum area of lot and the maximum number

of lots permitted is required prior to subdivision approval. When a lot in the Agricultural District is subdivided so as to create a new lot or lots, each of which is less then 21 acres in size, and such subdivision is approved without the area comprising the newly created lot or lots having been redesignated, such newly created lots shall thereafter be included in the Country Residential District and the Land Use Maps referred to in Section 9 shall be amended accordingly.

12.8.0 Area of lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section Number of lots per quarter section or area of land in existing certificate

of title existing on March 11, 2004: a. One (1)

12.8.1 Minimum Lot Size No less than:

a. 21 acres; or b. The area contained in the Title existing on March 11, 2004,

whichever is greater. 12.8.2 Maximum Lot Size No greater than:

a. one quarter section or b. the area contained in the Title existing on March 11, 2004

whichever is the lesser. 12.8.3 Non-Complying Subdivision Proposal A person who wishes to subdivide land in this district into lots that will

not comply with the foregoing subdivision design requirements, will first have to apply for an appropriate bylaw amendment to such requirements. See the Appendix to this district for a list of such bylaws that have already been passed.

12.8.0 BYLAW LIST: Please refer to tab labelled Bylaws

1/29/2014 LUB / Page 76

SECTION 13.0.0 COUNTRY RESIDENTIAL / CLUSTER RESIDENTIAL DISTRICT 13.1.0 PURPOSE AND INTENT To provide for smaller parcels intended for Country Residential and

Cluster Residential Development consistent with the policies outlined in the Municipal Development Plan.

Further the District will be split into the following Sub-Districts: CR: Country Residential District CR-A: Country Residential-A District; uses considered suitable in

areas requiring special consideration due to physical constraints and environmental characteristics. CLR: Cluster Residential District; CLR-A: Cluster Residential-A District; uses considered suitable in areas requiring special consideration due to physical constraints and environmental characteristics

13.2.0 LIST OF PERMITTED AND DISCRETIONARY USES Provided that the lot that is the site of the proposed use complies with

the Subdivision Design Requirements for this District. (Permitted and Discretionary uses pertain to the Country Residential District, Country Residential-A District, Cluster Residential and Cluster Residential-A District)

13.2.1 PERMITTED USES

GENERAL Accessory Buildings not requiring a Development Permit – Section

4.2.1(n) Accessory Uses Agricultural (General) Dwelling – detached single family Sign not requiring a development permit – Section 10.11.1

Temporary storage of up to five (5) unoccupied recreation vehicles (CR and CR-A only)

SITE SPECIFIC – Please refer to tab labelled Bylaws 13.2.2 DISCRETIONARY USES Accessory Buildings requiring a Development Permit – Section 10.6.0 Agricultural Intensive – on lots 3 acres or more in size but excluding

swine or poultry

1/29/2014 LUB / Page 77

Antenna Structures, Private Arenas, Private Dugouts / Ponds for Private Use Dwelling Temporary Home Based Business Minor Kennels, Private Lot Grading Moved Houses on a parcel of land under 80 acres in size Public Works Signs requiring a development permit – Section 10.11.2

Temporary storage of up to five (5) unoccupied recreation vehicles (CLR and CLR-A only)

13.3.0 GENERAL REQUIREMENTS

13.3.1 Refer to Section 4.2.0 in the Land Use Bylaw for uses not requiring a

development permit and to Section 10.0.0 for the general land use regulations and provisions that apply to this District.

13.4.0 MINIMUM REQUIREMENTS 13.4.1 A dwelling, whether temporary or permanent, shall not be located: a. Within 450 metres of the working area of an operating sanitary

landfill, modified sanitary landfill, hazardous waste management facility or dry waste site,

b. Within 300 metres of the disposal area of an operating or non-operating sanitary landfill, modified sanitary landfill or dry waste site,

c. Within 450 metres of the disposal area of a non-operating hazardous waste management facility, or

d. Within 300 metres of the working area of an operating waste processing site, waste storage site, waste sorting station or waste transfer station.

13.4.2 Front Yard Setback:

a. 15m (49.21 ft.) from Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the centreline of the Municipal Road c. 64m (209.97 ft.) from the centreline of the Secondary Highway d. 40m (131.23 ft.) from the boundary of the right-of-way for a

Primary Highway e. 5m (16.4 ft.) from Internal Subdivision Road – Property Line; for

those properties registered under Condominium Plan 0010395 (Silvertip) and having an area of less than 1.99 acres

f. 15m (49.21 ft.) from property line adjacent to any Municipal Road; for those properties registered under Condominium Plan 0010395 (Silvertip

1/29/2014 LUB / Page 78

13.4.3 Side Yard Setback: a. 15m (49.21 ft.) from Property Line

b. 1.5m (4.92 ft.) from Property Line; for those properties registered under Condominium Plan 0010395 (Silvertip) and having an area of less than 1.99 acres

13.4.4 Rear Yard Setback: a. 15m (49.21 ft.) from Property Line b. Principal Building - 8m (26.25 ft.) from Property Line; for those

properties registered under Condominium Plan 0010395 (Silvertip) and having an area of less than 1.99 acres

c. Accessory Building - 1m (3.28 ft.) from Property Line; for those properties registered under Condominium Plan 0010395 (Silvertip) and having an area of less than 1.99 acres

13.4.5 Provided that, if the Title to a lot is subject to a caveat in respect of a

land dedication or an agreement for the acquisition of land for road widening purposes, the front, side and rear yard setback shall be the greater of 15m (49.21 ft.) from the future front yard boundary or the distance set out in Sections 13.4.2, 13.4.3 & 13.4.4.

13.4.6 Slope Setback: a. when the slope is 15% or more, the greater of 30m (98.43 ft.) or

the distance determined by a Geotechnical Report but in any case, not less than the applicable front, side or rear yard setbacks.

13.4.7 Water Course Setback (crown owned bed & shore) a. 30m (98.43 ft.) 13.4.8 Habitable Area per Dwelling – 100 m2 (1,077 sq. ft.) 13.4.9 Utility Servicing Criteria – CR and CR-A a. individual wells and individual wastewater disposal systems or b. communal water and communal wastewater disposal systems or c. a combination of a. and b. as determined by Bylaw amending this

section Utility Servicing Criteria – CLR and CLR-A d. communal water and communal wastewater disposal systems 13.5.0 MAXIMUM LIMITS 13.5.1 Height of Buildings a. no higher than 10m (32.81 ft.)

1/29/2014 LUB / Page 79

13.5.2 Height of Arenas 10.67m (35 ft.) 13.6.0 SUBDIVISION DESIGN REQUIREMENTS 13.6.1 Number of lots per quarter section of area of land in certificate of title

existing on March 11, 2004: a. One (1) b. number of lots allowed for by Bylaw amending this section Lots within this District shall comply with the minimum and maximum

sizes as described in this section. The density of Country Residential and Country Residential-A lots shall

not exceed thirty-two (32) per quarter section, or one (1) per five (5) acres (2.02ha) of parent parcel. The density of Cluster Residential and Cluster Residential-A lots shall not exceed forty (40) per quarter section, or one (1) per four (4) acres (1.62ha) of parent parcel.

Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section 13.6.2 Minimum Lot Size – CR and CR-A No less than:

a. 2.00 acres (0.81ha), or b. The area contained in the title existing on March 11, 2004,

whichever is greater. Minimum Lot Size – CLR and CLR-A No less than: c. 0.80 acres (0.32ha), or d. The area contained in the title existing on March 11, 2004,

whichever is greater 13.6.3 Maximum Lot Size – CR and CR-A No greater than:

a. 20.99 acres (8.49ha) or b. the area contained in the title existing on March 11, 2004,

whichever is the lesser. Maximum Lot Size – CLR and CLR-A c. 1.99 acres (0.81ha), or d. The area contained in the title existing on March 11, 2004

whichever is the lesser

1/29/2014 LUB / Page 80

13.6.4 Non-Complying Subdivision Proposal

A person who wishes to subdivide land in this district into lots that will not comply with the foregoing subdivision design requirements, will first have to apply for an appropriate bylaw amendment to such requirements. See the Appendix to this district for a list of such bylaws that have already been passed.

13.7.0 BYLAW LIST: Please refer to tab labelled Bylaws

1/29/2014 LUB / Page 81

SECTION 14.0.0 HAMLET RESIDENTIAL DISTRICT 14.1.0 PURPOSE AND INTENT To provide for parcels intended for Hamlet Residential Development

consistent with the policies outlined in the Municipal Development Plan.

Further the District will be split into the following Sub-Districts: HR: Hamlet Residential; HR-A: Hamlet Residential-A District; uses considered suitable in areas

requiring special consideration due to physical constraints and environmental characteristics.

14.2.0 LIST OF PERMITTED AND DISCRETIONARY USES Provided that the lot that is the site of the proposed use complies with

the Subdivision Design Requirements for this district. (Permitted and Discretionary Uses pertain to both the Hamlet Residential District and Hamlet Residential-A District)

14.2.1 PERMITTED USES

GENERAL Accessory Buildings not requiring a Development Permit – Section

4.2.1(n) Accessory Uses Dwelling – detached single family Sign not requiring a development permit – Section 10.11.1 SITE SPECIFIC – Please refer to tab labelled Bylaws 14.2.2 DISCRETIONARY USES Accessory Buildings requiring a Development Permit – Section 10.6.0 Dwelling - Attached Dwelling Temporary Home Based Business Minor Lot Grading Moved Houses on a parcel of land under 80 acres in size Public Works Signs Requiring a development permit – Section 10.11.2 14.3.0 GENERAL REQUIREMENTS

1/29/2014 LUB / Page 82

14.3.1 Refer to Section 4.2.0 in the Land Use Bylaw for uses not requiring a development permit and to Section 10.0.0 for the general land use regulations and provisions that apply to this District.

14.4.0 MINIMUM REQUIREMENTS 14.4.1 A dwelling, whether temporary or permanent, shall not be located: a. Within 450 metres of the working area of an operating sanitary

landfill, modified sanitary landfill, hazardous waste management facility or dry waste site,

b. Within 300 metres of the disposal area of an operating or non-operating sanitary landfill, modified sanitary landfill or dry waste site,

c. Within 450 metres of the disposal area of a non-operating hazardous waste management facility, or

d. Within 300 metres of the working area of an operating waste processing site, waste storage site, waste sorting station or waste transfer station.

14.4.2 Front Yard Setback:

a. 5m (16.4 ft.) from Internal Subdivision Road – Property Line b. 3m (9.84 ft.) for dwelling under 5.49m (18 ft.) in width or length in

Cayley c. 5m (16.4 ft.) from property line adjacent to any Municipal Road d. 64m (209.97 ft.) from the centreline of the Secondary Highway e. 40m (131.23 ft.) from the boundary of the right-of-way for a

Primary Highway. f. 4m (13.12 ft.) from internal subdivision road – Heritage Pointe, E-

1-22-1-W5M, N.W. 5-22-29-W4M, 6-22-29-W4M 14.4.3 Side Yard Setback: a. 1.5m (4.92 ft.) from Property Line 14.4.4 Rear Yard Setback: a. Principal Building - 8m (26.25 ft.) from Property Line b. Accessory Building – 1m (3.28 ft.) from Property Line c. 6m (19.69 ft.) from a Ravine Lot 14.4.5 Habitable Area per Dwelling – 84 m2 (904.20 sq. ft.) 14.4.6 Provided that, if the Title to a lot is subject to a caveat in respect of a

land dedication or an agreement for the acquisition of land for road widening purposes, the front, side and rear yard setback shall be the greater of 15m (49.21 ft.) from the future front yard boundary or the distance set out in Sections 14.4.2, 14.4.3 & 14.4.4.

1/29/2014 LUB / Page 83

14.4.7 Utility Servicing Criteria – HR and HR-A a. communal water and communal wastewater disposal systems 14.5.0 MAXIMUM LIMITS 14.5.1 Height of Buildings a. Principal Building – 9m (29.53 ft.) b. Accessory Building – 9m (29.53 ft.) 14.6.0 SUBDIVISION DESIGN REQUIREMENTS 14.6.1 A bylaw amending the minimum area of lot and the maximum number

of lots permitted is required prior to subdivision approval. Number of lots per quarter section or area of land in certificate of title

existing on March 11, 2004: a. One (1) Lots within the Residential District shall comply with the minimum and

maximum sizes as described in this section. The density of Residential lots may exceed thirty-two (32) per quarter section, or one (1) per five (5) acres of parent parcel.

14.6.2 Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section Number of Lots: a. One (1) or; b. number of lots allowed for by Bylaw amending this section. 14.6.3 Minimum Lot Size – HR and HR-A lots created on or prior to December

2nd, 2010 No less than:

a. Un-serviced lots: One (1) acre, (4,047 m2) b. Lots serviced by a public piped waterworks system, but not a

public piped sewage system: 0.8 acre, (3,237.6m2) c. Lots serviced by a public piped sewage system, but no public

piped waterworks system: 0.22 acre (959m2) d. Fully serviced lots accommodating detached single family

dwelling: 0.11 acre, (464m2)

Minimum Lot Size – HR and HR-A lots created after December 2, 2010. No less than;

1/29/2014 LUB / Page 84

e. 0.12 acres (464m2) for fully serviced lots accommodating detached single family dwelling

f. 0.10 acres (418m2) for fully serviced lots accommodating a mobile within a mobile home park

14.6.4 Maximum Lot Size No greater than:

a. 0.80 acres (0.32ha), or b. The area contained in the title existing on March 11, 2004, which

ever is the lesser 14.6.5 Non-Complying Subdivision Proposal A person who wishes to subdivide land in this district into lots that will

not comply with the foregoing subdivision design requirements, will first have to apply for an appropriate bylaw amendment to such requirements. See the Appendix to this district for a list of such bylaws that have already been passed.

14.7.0 BYLAW LIST: Please refer to tab labelled Bylaws

1/29/2014 LUB / Page 85

SECTION 15.0.0 RECREATION DISTRICT 15.1.0 PURPOSE AND INTENT To provide for a variety of recreational uses on a site specific basis

consistent with the policies outlined in the Municipal Development Plan.

15.2.0 LIST OF PERMITTED AND DISCRETIONARY USES Provided that the lot that is the site of the proposed use complies with

the Subdivision Design Requirements for this district. 15.2.1 PERMITTED USES

GENERAL Accessory Buildings not requiring a Development Permit – Section

4.2.1(n) Accessory Uses Public Works Sign not requiring a development permit – Section 10.11.1 SITE SPECIFIC – Please refer to tab labelled Bylaws 15.2.2 DISCRETIONARY USES Accessory Buildings requiring a Development Permit – Section 10.6.0 Campground – short term Clubhouse Dwelling – detached single family Dwelling Temporary Golf Course Home Based Business Minor Lot Grading Moved Houses on a parcel of land under 80 acres in size Private Amenity Space Private Lake R.V. Storage Signs Requiring a development permit – Section 10.11.2 15.3.0 GENERAL REQUIREMENTS 15.3.1 Refer to Section 4.2.0 in the Land Use Bylaw for uses not requiring a

development permit and to Section 10.0.0 for the general land use regulations and provisions that apply to this District.

1/29/2014 LUB / Page 86

15.4.0 MINIMUM REQUIREMENTS 15.4.1 A dwelling, whether temporary or permanent, shall not be located: a. Within 450 metres of the working area of an operating sanitary

landfill, modified sanitary landfill, hazardous waste management facility or dry waste site,

b. Within 300 metres of the disposal area of an operating or non-operating sanitary landfill, modified sanitary landfill or dry waste site,

c. Within 450 metres of the disposal area of a non-operating hazardous waste management facility, or

d. Within 300 metres of the working area of an operating waste processing site, waste storage site, waste sorting station or waste transfer station.

15.4.2 Front Yard Setback:

a. 15m (49.21 ft.) from Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the centreline of the Municipal Road c. 64m (209.97 ft.) from the centreline of the Secondary Highway d. 40m (131.23 ft.) from the boundary of the right-of-way for a

Primary Highway 15.4.3 Side Yard Setback: a. 15m (49.21 ft.) from Property Line 15.4.4 Rear Yard Setback: a. 15m (49.21 ft.) from Property Line 15.4.5 Provided that, if the Title to a lot is subject to a caveat in respect of a

land dedication or an agreement for the acquisition of land for road widening purposes, the front, side and rear yard setback shall be the greater of 15m (49.21 ft.) from the future front yard boundary or the distance set out in Sections 15.4.2, 15.4.3 & 15.4.4.

15.4.6 Slope Setback: a. when the slope is 15% or more, the greater of 30m (98.43 ft.) or

the distance determined by a Geotechnical Report but in any case, not less than the applicable front, side or rear yard setbacks.

15.4.7 Water Course Setback (crown owned bed & shore) a. 30m (98.43 ft.) 15.4.8 Habitable Area per Dwelling – 100 m2 (1,077 sq. ft.) 15.5.0 MAXIMUM LIMITS

1/29/2014 LUB / Page 87

15.5.1 Height of Buildings a. no higher than 10m (32.81 ft.) 15.5.2 Height of Satellite Dishes, Radio Antennas, Internet Towers and

Windmills: a. no higher than 16m (52.49 ft.) 15.5.3 Number of units of accommodation for a recreational use will be

determined by the applicable Specific Use Bylaw. 15.6.0 SUBDIVISION DESIGN REQUIREMENTS 15.6.1 Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section Number of Lots: a. One (1) or; b. number of lots allowed for by Bylaw amending this section. Number of lots per quarter section or area of land in certificate of title

existing on March 11, 2004. a. One (1) 15.6.2 Minimum Lot Size a. the area contained in the Title existing on March 11, 2004. 15.6.3 Maximum Lot Size

a. the area contained in the Title existing on March 11, 2004. 15.6.4 Non-Complying Subdivision Proposal A person who wishes to subdivide land in this district into lots that will

not comply with the foregoing subdivision design requirements, will first have to apply for an appropriate bylaw amendment to such requirements. See the Appendix to this district for a list of such bylaws that have already been passed.

15.7.0 BYLAW LIST: Please refer to tab labelled Bylaws

1/29/2014 LUB / Page 88

SECTION 16.0.0 COMMERCIAL DISTRICT 16.1.0 PURPOSE AND INTENT To provide for a wide range of commercial uses consistent with the

policies contained within the Municipal Development Plan. Further the District will be split into the following Sub-Districts:

H (Hamlet) – commercial uses considered suitable within the boundaries of a Hamlet.

HWY (Highway) – commercial uses considered suitable adjacent to a primary or Secondary Highway.

P (Park) – commercial uses considered suitable within an area designated Commercial Park

R (Rural) – commercial uses considered suitable for isolated sites. 16.2.0 LIST OF PERMITTED AND DISCRETIONARY USES Provided that the lot that is the site of the proposed use complies with

the Subdivision Design Requirements prescribed for this district. 16.2.1 PERMITTED USES

GENERAL Convenience / Grocery Store – H, HWY, P and R Public Works – H, HWY, P and R Restaurants – H, HWY, P and R Signs not requiring a development permit SITE SPECIFIC – Please refer to tab labelled Bylaws 16.2.2 DISCRETIONARY USES Accessory Uses – H, HWY, P and R Appliance Service and Repair – H and P Auto Sales and Services – H, HWY, P and R Business Offices – H, P and R Community Services – H, HWY, P and R Country Recreational Center/Lodge – HWY and R Dwelling Detached Single Family Farm Equipment Sales and Services – H, HWY and P Health Services – H, HWY and P Hotel / Motel – H, HWY and P Lot Grading – H, HWY, P and R Moved Houses on a parcel of land under 80 acres in size Public Quasi Public – P Retail / Wholesale Outlets – H, P and R

1/29/2014 LUB / Page 89

Service Station – H, HWY, P and R Signs requiring a development permit – H, HWY, P and R Truck Stop / Wash – HWY and P Veterinary Clinic – HWY, P and R 16.3.0 GENERAL REQUIREMENTS 16.3.1 Refer to Section 4.2.0 in the Land Use Bylaw for uses not requiring a

development permit and to Section 10.0.0 for the general land use regulations and provisions that apply to this District.

16.4.0 MINIMUM REQUIREMENTS 16.4.1 A dwelling, whether temporary or permanent, shall not be located: a. Within 450 metres of the working area of an operating sanitary

landfill, modified sanitary landfill, hazardous waste management facility or dry waste site,

b. Within 300 metres of the disposal area of an operating or non-operating sanitary landfill, modified sanitary landfill or dry waste site,

c. Within 450 metres of the disposal area of a non-operating hazardous waste management facility, or

d. Within 300 metres of the working area of an operating waste processing site, waste storage site, waste sorting station or waste transfer station.

16.4.2 Front Yard Setback:

a. 15m (49.21 ft.) from Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the centreline of the Municipal Road c. 64m (209.97 ft.) from the centreline of the Secondary Highway d. 40m (131.23 ft.) from the boundary of the right-of-way for a

Primary Highway e. 0m from the property line when the lot is located in a Hamlet.

16.4.3 Side Yard Setback: a. 1.5m (4.92 ft.) from Property Line 16.4.4 Rear Yard Setback: a. Hamlet – 6m (19.69 ft.) b. Other – 15m (49.21 ft.) 16.4.5 Provided that, if the Title to a lot is subject to a caveat in respect of a

land dedication or an agreement for the acquisition of land for road widening purposes, the front, side and rear yard setbacks shall be the greater of 15m from the future front yard boundary or the distance set out in Sections 16.4.2, 16.4.3 & 16.4.4.

1/29/2014 LUB / Page 90

16.5.0 MAXIMUM LIMITS 16.5.1 Height of Buildings a. no higher than 10m (32.81 ft.) 16.5.2 Height of Satellite Dishes, Radio Antennas, Internet Towers and

Windmills: a. no higher than 16m (52.49 ft.) 16.5.3 Coverage of lot – 60% 16.6.0 SUBDIVISION DESIGN REQUIREMENTS 16.6.1 Number of lots per ¼ section or area of land in certificate of title

existing on March 11, 2004: Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section Number of Lots: a. One (1) or; b. Number of lots allowed for by Bylaw amending this section 16.62 Minimum Lot Size a. the area contained in the Title existing on March 11, 2004 Maximum Lot Size

a. the area contained in the Title existing On March 11, 2004 16.6.3 Non-Complying Subdivision Proposal A person who wishes to subdivide land in this district into lots that will

not comply with the foregoing subdivision design requirements, will first have to apply for an appropriate bylaw amendment to such requirements. See the Appendix to this district for a list of such bylaws that have already been passed.

16.7.0 BYLAW LIST: Please refer to tab labelled Bylaws

1/29/2014 LUB / Page 91

SECTION 17.0.0 INDUSTRIAL DISTRICT 17.1.0 PURPOSE AND INTENT To provide for a wide range of industrial uses consistent with the

policies contained within the Municipal Development Plan. Further the District will be split into the following Sub-Districts:

H (Hamlet) – industrial uses considered suitable within the boundaries of a Hamlet.

P (Park) – industrial uses considered suitable within the boundaries of a Industrial Park

R (Rural) – industrial uses considered suitable for isolated sites. N (Natural Resource) – Industrial uses related to Natural Resource

Extraction on a site determined by the location of the resource 17.2.0 LIST OF PERMITTED AND DISCRETIONARY USES Provided that the lot that is the site of the proposed use complies with

the subdivision Design Requirements prescribed for this district. 17.2.1 PERMITTED USES

GENERAL Public Works – H, P, R and N Sand & Gravel operations – N Signs not requiring a development permit SITE SPECIFIC – Please refer to tab labelled Bylaws 17.2.2 DISCRETIONARY USES Accessory Uses – H, P, R and N Agricultural Processing & Distribution – H, P and R Automotive Related Industries – P Dwelling Detached Single Family Dwelling Temporary – H, P, R and N Grain Elevators – H and P Lot Grading – H, P, R and N Lumber Yards – H and P Manufacturing – H, P and R Moved Houses on a parcel of land under 80 acres in size Service Shops (electrical, plumbing & mechanical) – H, P and R Signs requiring a development permit – H, P, R and N Storage – H, P and R 17.3.0 GENERAL REQUIREMENTS

1/29/2014 LUB / Page 92

17.3.1 Refer to Section 4.2.0 in the Land Use Bylaw for uses not requiring a

development permit and to Section 10.0.0 for the general land use regulations and provisions that apply to this District.

17.4.0 MINIMUM REQUIREMENTS 17.4.1 A dwelling, whether temporary or permanent, shall not be located: a. Within 450 metres of the working area of an operating sanitary

landfill, modified sanitary landfill, hazardous waste management facility or dry waste site,

b. Within 300 metres of the disposal area of an operating or non-operating sanitary landfill, modified sanitary landfill or dry waste site,

c. Within 450 metres of the disposal area of a non-operating hazardous waste management facility, or

d. Within 300 metres of the working area of an operating waste processing site, waste storage site, waste sorting station or waste transfer station.

17.4.2 Front Yard Setback:

a. 15m (49.21 ft.) from Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the centreline of the Municipal Road c. 64m (209.97 ft.) from the centreline of the Secondary Highway d. 40m (131.23 ft.) from the boundary of the right-of-way for a

Primary Highway e. 0m from the property line when the lot is located in a Hamlet.

17.4.3 Side Yard Setback: a. 1.5m (4.92 ft.) from Property Line 17.4.4 Rear Yard Setback: a. Hamlet – 6m (19.69 ft.) b. Other – 15m (49.21 ft.) 17.4.5 Provided that, if the Title to a lot is subject to a caveat in respect of a

land dedication or an agreement for the acquisition of land for road widening purposes, the front, side and rear yard setbacks shall be the greater of 15m from the future front yard boundary or the distance set out in Sections 17.4.2, 17.4.3 & 17.4.4.

17.5.0 MAXIMUM LIMITS 17.5.1 Height of Buildings a. no higher than 12m (39.36 ft.)

1/29/2014 LUB / Page 93

17.5.2 Height of Satellite Dishes, Radio Antennas, Internet Towers and Windmills:

a. no higher than 16m (52.49 ft.) 17.5.3 Coverage of lot – 60% 17.6.0 SUBDIVISION DESIGN REQUIREMENTS 17.6.1 Number of lots per ¼ section of land in certificate of title existing on

March 11, 2004: Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section Number of Lots: a. One (1) or; b. Number of lots allowed for by Bylaw amending this section 17.6.2 Minimum Lot Size a. the area contained in the Title existing on March 11, 2004 Maximum Lot Size

b. the area contained in the Title existing On March 11, 2004 17.6.3 Non-Complying Subdivision Proposal A person who wishes to subdivide land in this district into lots that will

not comply with the foregoing subdivision design requirements, will first have to apply for an appropriate bylaw amendment to such requirements. See the Appendix to this district for a list of such bylaws that have already been passed.

17.7.0 BYLAW LIST: Please refer to tab labelled Bylaws

1/29/2014 LUB / Page 94

SECTION 18.0.0 RESIDENTIAL MANUFACTURED HOME PARK DISTRICT (MHP) 18.1.0 PURPOSE AND INTENT

The purpose and intent of this District is to provide serviced sites for lease or rent for manufactured homes used for non-transient residential purposes.

18.2.0 LIST OF PERMITTED USES Carports Manufactured Homes Manufactured Home Parks Parks and Playgrounds Public Utilities 18.3.0 LIST OF DISCRETIONARY USES Accessory Buildings Child Care Facilities Communication Structures, Private (accessory to the principal use) Garages Laundromats Home Occupations - Minor Public & Quasi-Public Buildings and Uses Signs Storage Areas 18.4.0 GENERAL REQUIREMENTS 18.4.1 Refer to Section 4.2.0 in the Land Use Bylaw for uses not requiring a

development permit and to Section 10.0.0 for the general land use regulations and provisions that apply to this district.

18.5.0 MINIMUM REQUIREMENTS 18.5.1 Area of Site:

a. For single wide manufactured homes: 334 m2 (3596 ft.2) with a mean width of site of no less than 12 m. (39.37 ft.).

b. For double wide manufactured homes: 372m2 (4004 ft.2) with a mean width of site of no less than 15 m. (49.2 ft.)

The mean width shall be computed by adding the front and rear lot widths and dividing by two.

1/29/2014 LUB / Page 95

c. All other uses at the discretion of the Development Officer.

18.5.2 Habitable Floor Area: 56 m.2 (602.8 ft.2).

18.6.0 MAXIMUM LIMITS 18.6.1 Coverage of Site:

a. All buildings together, including accessory buildings: 50% of the area of site.

b. All accessory buildings: 15% of the area of site. 18.6.2 Height of Buildings: a. Principal Buildings: 6 m. (19.7 ft.). b. Accessory Buildings: 5 m. (16.4 ft.). 18.7.0 SITE DEVELOPMENT AND OPERATIONAL REQUIREMENTS 18.7.1 A Manufactured Home Park shall be used for residential purposes

including those uses and their associated facilities which, in the opinion of the Development Officer, are clearly provided to serve the needs of the park residents.

18.7.2 At least 10% of the gross development site area should be set aside for

outdoor communal amenity space and recreational use in a manner and location satisfactory to the Development Officer.

18.7.3 In addition to the above, each manufacture home park shall provide a

buffer on its perimeter of not less than 3 m. (9.8 ft.) in width and any other edge treatment deemed necessary by and satisfactory to the Development Officer.

18.7.4 All areas of a MHP development area not developed or occupied by park

roads, walkways, driveways, parking aprons, buildings, playgrounds, or other developed facilities shall be landscaped.

18.7.5 The MHP development area shall be provided with street lighting. Outdoor

lighting in the park shall be integrated in design and appearance and conform to the requirements and specifications land use bylaw and the Dark Sky Bylaw.

1/29/2014 LUB / Page 96

18.7.6 All signs in the MHP site shall be of a design, character and appearance suitable to a residential area and satisfactory to the Development Officer.

18.7.7 The layout and development of site shall comply with the following

requirements: a. All manufactured homes shall be located according to a plan which

has been approved by the Development Officer. All manufactured home lots shall abut a park street.

b. The development shall comply with the Provincial Department of

Public Health Regulations governing Manufactured Homes. c. Compliance with the requirements of this Bylaw does not afford

relief from compliance with any other municipal, provincial, or federal regulation.

d. All manufactured homes shall meet the MINIMUM

REQUIREMENTS as set out in this Bylaw but units of different sizes and placement are encouraged to avoid monotony.

e. Prior to the location of manufactured homes in the park, the park

owner shall establish guidelines and standards satisfactory to the Development Officer governing the design and materials of carports, patios, porches, storage buildings, skirting (including hitches), fences, fuel storage and supply facilities and other attached or detached structures.

f. The park owner shall inform park residents of their responsibilities

with respect to this Bylaw and shall be responsible for developing and operating the park in compliance with them.

g. The park owner shall ensure that each manufactured home is

levelled, blocked and skirted, and the hitch screened or skirted within 30 days of the placement of a manufactured home.

h. All manufactured homes permitted in any MHP district shall

conform to the current standards of the Canadian Standards Association.

i. Any manufactured home ten years or older shall be inspected by

the Development Officer or the Building Inspector prior to locating on a site in a Manufactured Home Park.

1/29/2014 LUB / Page 97

18.7.8 In addition to the requirements as set out in the land use Districts, all Manufactured Home Park sites shall comply with the following requirements:

a. Each site shall be provided with a horizontal, stable parking apron

suitable for blocking and levelling. b. Manufactured homes shall be placed on parking aprons and the

homes, including attached structures, shall be: i within the boundaries of the site;

ii at least 2.5 m. (8.2 ft.) from every adjacent manufactured home, carport, porch and any structure, or permanent park structure, and 3 m. (9.8 ft.) from any park boundary;

iii at least 1.5m. (4.92 ft.) from any internal park street; iv at least 15 m. (49.2 ft.) from any major thoroughfare; v at least 27m. (88.58 ft.) from any highway right- of-way; vi clearly defined on the ground by permanent markers, or other

suitable means, and permanently identified with a site number or other address system.

18.7.9 Vehicular-Pedestrian Areas in MHP Developments:

a. All park roads shall be constructed and surfaced to the Municipality’s specifications if public and to the satisfaction of the Municipality if privately owned and maintained by the owner.

b. One off-street parking spaces shall be provided on, or adjacent to, each mobile home lot and shall be: a. Surfaced to the Municipalities specifications; b. Not less than 15m2 (161.5 sq. ft) in area for two vehicles or less

than 2.5m (8.20 ft.) wide.

c. Internal pedestrian walkways shall connect the manufactured homes and all park community facilities and shall have a minimum hard surfaced width of 1 m. (3.3 ft.), constructed to the satisfaction of the Municipality.

18.7.10 Service and Accessory buildings: a. The location and design of all service and accessory facilities are

subject to the approval of the Development Officer. Garbage

1/29/2014 LUB / Page 98

storage shall be visually screened from all adjacent sites and public thorough fares.

b. All service buildings must be accessible by a park street.

c. Provision for a screened storage compound equivalent to 1 parking stall per unit is recommended provided for trucks, campers, travel trailers, snowmobiles, boats, and other equipment not capable of storage on the manufacture home lot, at a location and in a manner satisfactory to the Development Officer.

18.7.11 Minimum Utility Requirements:

a. Each manufactured home unit shall be connected to and be serviced by the Municipality's sanitary sewer and water supply.

b. All utility lines shall be placed underground. 18.8.0 OTHER REQUIREMENTS 18.8.1 The Development Officer may specify such other requirements as deemed

necessary having regard to the nature of a proposed development and the purpose of the district in which it is to be located.

1/29/2014 LUB / Page 99

SECTION 19.0.0 DIRECT CONTROL DISTRICT #1 (DC1) 19.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow direct control by the

Council over development on the following lots (Spruce Meadows Equestrian Centre):

PLAN 2231JK, BLOCK D, S.E. 20-22-01-W5 That portion of the N.E. 20-22-01-W5 not annexed by the City of

Calgary LSD 11 in N.W. 20-22-01-W5 PLAN 2231JK, BLOCK E, NORTH 2, PTN. S.E. 20-22-01-W5 19.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 19.2.1 PERMITTED USES Nil 19.2.2 DISCRETIONARY USES Accessory Uses Country Recreational Centers and Lodges Dwellings Extensive Agricultural Uses Intensive Agricultural Uses 19.3.0 REQUIREMENTS 19.3.1 Standards of development shall be at the discretion of Council. 19.4.0 PROCEDURE 19.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 19.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

19.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits for lands referred to in Section 19.1.0. The Council may approve a development permit application with or without conditions, or may refuse an application for development permit.

1/29/2014 LUB / Page 100

19.4.3 There is no appeal to the Development Appeal Board from a decision of the Council on an application for a development permit in respect of the lands referred to in Section 19.1.0.

1/29/2014 LUB / Page 101

SECTION 20.0.0 DIRECT CONTROL DISTRICT #2 (DC2) 20.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow Direct Control by

the Council over development on the following lands: In Township 19, Range 28, West 4th Meridian:

The North Half Section 19 (excepting that portion as shown on the Land Use Map No. 29 as being within the Urban Fringe of the Town of High River);

Portion North Half Section 20; Portion South Half Section 29; Portion Section 30; Portion Section 31; All on the west side of the Highwood River and east of

Highway No. 2A The 58.84-acre portion of S.W. 19-19-28-W4, which lies west

of the railway and east of Highway #2A (as shown on Schedule A attached to Bylaw No. 136-90).

20.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 20.2.1 PERMITTED USES Nil 20.2.2 DISCRETIONARY USES (for example, but not limited to) Accessory Uses Agricultural Distribution and Storage Agricultural Processing Auto Wreckers Dwelling – detached single family

- no more than 2 such dwellings are permitted on a lot that is 32.4 ha (80 acres) or more in size;

- no more than 1 such dwelling is permitted n a lot that is less than 32.4 ha (80 acres) in size.

Extensive Agricultural Uses Hazardous Industry Inside Storage Intensive Agricultural Uses Natural Resource Extractive Industry Non-Labour Intensive Industry Public Works Scrap Metal Collection Centers

1/29/2014 LUB / Page 102

20.3.0 REQUIREMENTS 20.3.1 Standards of development shall be at the discretion of the Council. 20.4.0 PROCEDURE 20.4.1 Notwithstanding the procedure established for development

permit applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 20.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

20.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 20.1.0. The Council may approve a development permit application with or without conditions, or may refuse and application for development permit.

20.4.3 There is no appeal to the Development Appeal Board from a

decision of the Council on an application for a development permit in respect of the lands referred to in Section 20.1.0.

1/29/2014 LUB / Page 103

SECTION 21.0.0 DIRECT CONTROL DISTRICT #3 (DC3) 21.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow Direct Control by

the Council over development on the following lands: In Township 22, Range 03, West 5 Meridian: Plan 9112080, Block 1 Portion Northwest Quarter 19 In Township 22, Range 03, West 5 Meridian: Plan 9610155, Block 1 Portion North West Quarter 20 In Township 22, Range 03, West 5 Meridian: Portion Northwest Quarter 20 21.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 21.2.1 PERMITTED USES Nil 21.2.2 DISCRETIONARY USES (for example, but not limited to) Accessory Uses Clubhouse Country Recreational Centres & Lodges Corporate Retreat Dwellings Extensive Agricultural Uses Golf Course Intensive Agricultural Uses Spa 21.3.0 REQUIREMENTS 21.3.1 Standards of development shall be at the discretion of the

Council. 21.4.0 PROCEDURE 21.4.1 Notwithstanding the procedure established for development

permit applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section

1/29/2014 LUB / Page 104

21.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

21.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 21.1.0. The Council may approve a development permit application with or without conditions, or may refuse an application for development permit.

21.4.3 There is no appeal to the Development Appeal Board from a

decision of the Council on an application for a development permit in respect of the lands referred to in Section 21.1.0.

1/29/2014 LUB / Page 105

SECTION 22.0.0 DIRECT CONTROL DISTRICT #4 (DC4) 22.1.0 PURPOSE AND INTENT

The purpose and intent of this District is to allow Direct Control by the Council over development on the following lands:

In Township 21, Range 29, West 4 Meridian: Portion Northeast Quarter 24 22.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 22.2.1 PERMITTED USES Nil 22.2.2 DISCRETIONARY USES (for example, but not limited to) Accessory Uses Aerodrome / Airstrip (Private Use) 22.3.0 REQUIREMENTS 22.3.1 Standards of development shall be at the discretion of the Council. 22.4.0 PROCEDURE 22.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 22.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

22.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 22.1.0. The Council may approve a development permit application with or without conditions, or may refuse an application for development permit.

22.4.3 There is no appeal to the Development Appeal Board from a decision

of the Council on an application for a development permit in respect of the lands referred to in Section 22.1.0.

1/29/2014 LUB / Page 106

SECTION 23.0.0 DIRECT CONTROL DISTRICT #5 (DC5) 23.1.0 PURPOSE AND INTENT The purpose and intent of this District is to provide for the protection of

the Airport from encroachment of uses that may have an effect on the operational safety of the airport facility and to allow Direct Control by the Council over development on the following lands:

In Township 18, Range 28, West 4 Meridian: Section 19, Plan 8011027, Airport Further, the District will be split into the following Sub-Districts: APL (Airport Lands) – Intended for private & commercial of

aviation related uses only on all of the airport lands. AL (Adjacent Landowners) – Intended for those landowners that

are adjacent to the airport, that will have different uses than that of the airport itself.

23.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 23.2.1 PERMITTED USES

Private Use Hangars intended for the storage of aircraft – APL Storage of Non-Aviation Items (no more than three units as identified in

the definition area of this section) as a secondary use only – APL

23.2.2 DISCRETIONARY USES – PART A USES NOISE EXPOSURE FORECAST AREAS

NEF 25 Area

NEF 25-30 AREA

NEF 30-35 Area

NEF 35-40 Area

NEF 40+ Area

Agricultural General AL AL AL AL AL Accessory Uses All Sub-

Districts All Sub-Districts

All Sub-Districts

All Sub-Districts

All Sub-Districts

Feed Lots AL (NA) (NA) (NA) (NA) Poultry & Hog Farms AL AL (3) AL (3) AL (3) AL (3) Home Based Business Minor AL AL AL AL AL Dwellings – detached single family AL AL (1) AL (1) AL (5) AL (5) Accessory Uses AL AL AL AL AL Athletic Fields AL AL AL AL (4) AL (4) Intensive Vegetation Operation AL AL AL AL AL Excavations / Stockpiling of Soil All Sub-

Districts All Sub-Districts

All Sub-Districts

All Sub-Districts

All Sub-Districts

Mobile Homes AL AL (1) AL (1) AL (5) AL (5) Airport APL APL APL APL APL Public Works All Sub-

Districts All Sub-Districts

All Sub-Districts

All Sub-District

All Sub-Districts

1/29/2014 LUB / Page 107

NEF Areas: “NEF 25-Area” means the NEF area that lies between the 25 NEF Contour and the boundary of the Airport District. “NEF 25-30 Area” means the NEF area that lies between the 25 NEF Contour and the 30 NEF Contour; “NEF 30-35 Area” and “NEF 35-40 Area” have like meaning to NEF 25-30 Area; *Each sub-district followed by an NA where it appears in one of the NEF area columns in Table 1 opposite a particular land use, means that the land use is prohibited in the NEF area.* *Each sub-district followed by numbers 1 – 5 is bound by the Special Requirements of Section 23.3.0*

DISCRETIONARY USES – PART B (APL ONLY): All the following uses MUST be aviation related Agriculture Aircraft / Aerial Applicators (Spray planes)

Aircraft Body Business (including, but not limited to: fabric covering, painting, upholstery, some welding if required and fabrication)

Air Cadets Air Charter Aircraft Design, Engineering and Manufacturing Aircraft Facility Design, Engineering and Manufacturing Aircraft Maintenance Aircraft Parts Sales and Storage Aircraft Storage Aircraft Tie-Downs Airport Wildlife Control Avionics Canada Customs Composite / Plastics Courier Services Destructive and Non-Destructive Testing Disaster Services Hangars Engine & Airframe Fire Fighting Food Services Flight Service Station (Transport Canada) Flight Training Fly Ins Flying Clubs Fuel & Oil Storage Manager & Caretaker Facilities (temporary or permanent dwelling) Mediac

1/29/2014 LUB / Page 108

Metal Forming / Fabrication Museum / Library Pilot Supplies, Charts etc. Propeller Public Terminal Building Regional Aircraft Services (Passengers & Freight)

Repair & Overhaul Retail Business (specific to aviation, i.e.: aircraft and parts, pilot

supplies, etc.) RCMP Row Hangars SAR (Search and Rescue) Special Events Storage of small tractor for the purposes of snow removal Weather / Environmental Welding Common Areas of Airport Roadways Pedestrian Crosswalks Special Events Taxiways

23.3.0 SPECIAL REQUIREMENTS

1. Construction shall conform to Central Mortgage and Housing Corporation standards for sound insulation for buildings situated in any NEF area other than the NEF 25 area.

2. Private and general office area, reception areas and conference

room areas construction shall conform to Central Mortgage and Housing Corporation standards for sound insulation for the appropriate NEF area.

3. The development shall be covered completely.

4. The development shall not include structures for seating of

spectators.

5. Replacement of buildings. 23.4.0 REQUIREMENTS 23.4.1 Standards of development shall be at the discretion of the Council. 23.5.0 MINIMUM REQUIREMENTS

1/29/2014 LUB / Page 109

a. Within 450 metres of the working area of an operating sanitary landfill, modified sanitary landfill, hazardous waste management facility or dry waste site,

b. Within 300 metres of the disposal area of an operating or non-operating sanitary landfill, modified sanitary landfill or dry waste site,

c. Within 450 metres of the disposal area of a non-operating hazardous waste management facility, or

d. Within 300 metres of the working area of an operating waste processing site, waste storage site, waste sorting station or waste transfer station.

23.5.1 Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Municipal Bylaw. 23.5.2 Front Yard Setback: a. 5m (16.4 ft.) from Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the centreline of the Municipal Road c. 64m (209.97 ft.) from the centreline of the Secondary Highway d. 40m (131.23 ft.) from a Primary Highway. 23.5.3 Side Yard Setback: a. 30m (98.43 ft.) from property line 23.5.4 Rear Yard Setback a. 30m (98.43 ft.) from property line 23.6.0 MAXIMUM LIMITS 23.6.1 Number of Lots: 1 23.6.2 Building Height: 9m (29.52 ft.) or such lesser height as may be

determined having regard to flight and navigational aid equipment. 23.7.0 OTHER 23.7.1 Accessory Buildings related to intensive livestock, swine, and poultry

operations and specialty uses shall be located in accordance with Alberta Health Regulations.

23.7.2 The use must not obstruct visibility by the emission of dust, smoke,

water vapour, blowing garbage, or glare.

1/29/2014 LUB / Page 110

23.7.3 Garbage and waste must be stored in weatherproof and animal/bird proof containers properly screened (and be in a location easily accessible to containerized garbage pickup).

23.7.4 The use must not be a fire, explosive, or a radioactive hazards. 23.7.5 The use must not produce electro-magnetic radiation likely to interfere

with radio communications. 23.7.6 In determining whether a proposed land use meets the above

conditions, the Development Officer may consult the Canada Department of Transport, Alberta Infrastructure, and other competent authorities, and shall be guided by their opinions.

23.7.7 Definitions:

1. In this regulation, a. “airport” means the High River Airport b. “airport reference point elevation” means the lowest threshold

elevation point of the runway; c. “airport runway” means the area of land within the airport that is

used or intended to be used for the take-off and landing of aircraft;

d. “basic strip” means a basic strip as described under Height Limitations;

e. “land use bylaw” means the Land Use Bylaw for the Municipal District of Foothills No. 31; as amended from time to time;

f. “municipality” means the Municipal District of Foothills No. 31; g. “noise exposure forecast area” of “NEF Area” means an area

of land within the Protections Area that: i. is enclosed by the 40 NEF Contour, ii. lies between 2 NEF Contours, or iii. lies between the 25 NEF Contour and the boundary of

the Protection Area, as shown on the map; h. “NEF Contour” means a numbered contour; i. “outer surface” means the outer surfaces as described under

Height Limitations; j. “transitional surface” means a transitional surface as described

under Height Limitations; k. “storage of non-aviation items” means a secondary use only to

the primary use of a hangar for the intended purpose of storing aircraft. A MAXIMUM of three approved units (approved units are identified below), owned solely by the leaseholder, may be stored to a maximum of 20% of the building space.

APPROVED UNITS THAT MAY BE STORED:

1/29/2014 LUB / Page 111

- Motorhome - Fifth Wheel - Truck Camper - Tent Trailer - Passenger Vehicle (car, light truck or van) - Motorcycle or Off-Highway Vehicle (a vehicle designed for

cross-country travel on land, water, snow, ice, marsh or swampland or other natural terrain)

- Small utility trailer or horse trailer 23.7.8 GENERAL

1. This District applies only to a development or proposed development within the boundary of the area shown on the map.

2. All development within the Area requires a development permit.

3. This District shall be administered by Council.

4. The Council are not precluded from attaching any other conditions

in accordance with the Land Use Bylaw to a development permit.

5. A development permit for an application within the District may only be issued if the proposed development conforms with the District and the Land Use Bylaw.

23.7.9 Height Limitations 1. A development permit shall not be issued for a development in the

area if the highest point of the development will exceed in elevation at the location of that point any of the following surfaces that project immediately above the surface of the land at that location. a. the take-off / approach surfaces of the runway of the airport; b. the transitional surfaces of the runway of the airport; c. the outer surface.

2. The airport reference point elevation is deemed to be 1043.8m above

sea level.

1/29/2014 LUB / Page 112

AIRPORT AREA MAP

1/29/2014 LUB / Page 113

HEIGHT LIMITATIONS – HIGH RIVER AIRPORT DIRECT CONTROL DISTRICT Basic Strip 1. The basic strip associated with both airport runways is an area 60 metres in width

and 1021 metres in length, for each runway the location of which is show on the map.

Take-Off / Approach Surfaces 2. There are take-off / approach surfaces associated with each end of the basic strip

and in each case the surface is imaginary and consists of an inclined plane that: a. commences at and abuts the end of the basic strip; b. rises at a slope ratio of 1:40 measured from the end of the basic strip; c. diverges outward on each side as it rises, at a slope ratio of 1:10 measured

from the respective projected lateral limits of the basic strip; and d. ends at its intersection with the outer surface.

Transitional Surfaces 3. There is a transitional surface associated with each lateral limit of the basic strip,

and in each case the transitional surface is an imaginary surface consisting of an inclined plane that:

a. commences at and abuts the lateral limit of the basic strip; b. rises at a slope ratio of 1:7 measured from the lateral limit of the basic strip,

and c. ends at its intersection with the outer surface of a take-off / approach surface. Outer Surfaces 4. The outer surface of the area is an imaginary surface consisting of a common

plane established at a constant elevation of 45 metres above the airport reference point elevation and extending to the outer limits of the area.

General 5. The area location of the take-off / approach surfaces and transitional surfaces are

represented on the map, but if any discrepancy exists between the description of the take-off / approach surfaces of transitional surfaces in this Schedule and their location on the map, the description in the Section prevails.

1/29/2014 LUB / Page 114

1/29/2014 LUB / Page 115

1/29/2014 LUB / Page 116

SECTION 24.0.0 DIRECT CONTROL DISTRICT #6 (DC6) 24.1.0 PURPOSE AND INTENT The purpose and intent of this District is to provide for industrial uses

related to Natural Resource Extraction on a site determined by the location of the resource and to allow Direct Control by the Council over development on the following lands:

1. In Township 21, Range 03, West 5 Meridian: Portion Southeast

Quarter 12 ( as shown on the attached Appendix “A”); 2. In Township 20, Range 02, West 5 Meridian: Portion Southwest

Quarter 17; 3. In Township 21, Range 28, West 4 Meridian: Portion Northwest

Quarter 9; 4. In Township 21, Range 28, West 4 Meridian: Portion Northeast

Quarter 9; 5. In Township 21, Range 28, West 4 Meridian: Portion Southwest

Quarter 16; 6. In Township 21, Range 28, West 4 Meridian: Portion East Half

Section 16. 24.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 24.2.1 PERMITTED USES Agricultural General 24.2.2 DISCRETIONARY USES (for example, but not limited to) Accessory Uses Asphalt Plants Concrete Plants Dwelling Temporary Public Works Sand & Gravel Operations Signs requiring a Development Permit All applications for permitted and discretionary uses shall be decided

on by Council 24.3.0 REQUIREMENTS 24.3.1 Standards of development shall be at the discretion on the Council 24.4.0 PROCEDURE

1/29/2014 LUB / Page 117

24.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 24.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

24.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 24.1.0. The Council may approve a development permit application with or without conditions, or may refuse an application for development permit.

24.4.3 There is no appeal to the Development Appeal Board from a decision

of the Council on an application for a development permit in respect of the lands referred to in Section 24.1.0.

1/29/2014 LUB / Page 118

1/29/2014 LUB / Page 119

SECTION 25.0.0 DIRECT CONTROL DISTRICT #7 (DC7) 25.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow Direct Control by

Council over development on the following lands: The 50.12 acre portion of S.W. 18-20-28-W4 25.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 25.2.1 PERMITTED USES Uses 25.2.2 DISCRETIONARY USES (for example, but not limited to) Community Association Building Essential Public Services

Small Scale Commercial – office spaces, convenience store, service station, liquor store, food service only restaurant, indoor storage.

Parking Areas (at grade) Signs 25.3.0 GENERAL

1. This District applies only to a development or proposed development within the boundary of the area shown on the Land Use Map 2028.

2. All development within the area requires a development permit.

Notwithstanding the procedure established for the issuance of development permits in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 25.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

3. Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 25.1.0. The Council may approve a development permit application with or without conditions, or, may refuse an application for development permit.

4. The Council is not precluded from attaching any other conditions in

accordance with the land use bylaw to a development permit.

1/29/2014 LUB / Page 120

5. All applications for development within the area will require emergency access, lighting, and landscaping plans to be submitted to the satisfaction of Council.

6. All applications for development within the area shall comply with the

Silver Tip Area Structure Plan.

7. There is no appeal to the Development Appeal Board from a decision of the Council on an application for a development permit in respect of the lands referred to in Section 25.1.0.

8. Council will hold a public meeting prior to deciding on any application

for the lands described in Section 25.1.0.

1/29/2014 LUB / Page 121

SECTION 26.0.0 DIRECT CONTROL DISTRICT #8 (DC8) 26.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow Direct Control by

Council over development on the following lands:

In Township 21, Range 29, West 4 Meridian: Portion Southeast Quarter 17 (as shown on the attached Appendix “A”);

26.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 26.2.1 PERMITTED USES Nil 26.2.2 DISCRETIONARY USES Equipment Shelter Telecommunication Tower All applications for permitted and discretionary uses shall be decided

on by Council. 26.3.0 REQUIREMENTS 26.3.1 Standards of development shall be at the discretion of the Council. 26.4.0 PROCEDURE 26.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 26.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

26.4.2 Notwithstanding the procedure established for the issuance of

development permit in Section 7.0.0, the Council shall decide on all applications for development permits for lands referred to in Section 26.1.0. The Council may approve a development permit application with or without conditions, or may refuse an application for development permit.

26.4.3 There is no appeal to the Development Appeal Board from a decision

of the Council on an application for a development permit in respect of the lands referred to in Section 26.1.0.

1/29/2014 LUB / Page 122

26.5.0 MINIMUM REQUIREMENTS 26.5.1 Area of Lot: a. Area as shown on the attached Appendix “A” 26.5.2 Front Yard Setback: a. 5m (16.40 ft.) from an Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the center line of a Municipal Road c. 64m (209.97 ft.) from the center line of a Secondary Highway d. 40m (131.23 ft.) from a Primary Highway 26.5.3 Side Yard Setback: a. 15m (49.21 ft.) from property line 26.5.4 Rear Yard Setback a. 15m (49.21 ft.) from property line

1/29/2014 LUB / Page 123

SECTION 27.0.0 DIRECT CONTROL DISTRICT #9 (DC9) 27.1.0 PURPOSE AND INTENT The purpose and intent of this district is to enable the Council to

regulate and control, pursuant to Section 641 of the Act, the development of a campground upon lands described as:

THAT PORTION OF THE SOUTH WEST QUARTER OF

SECTION 26 IN TOWNSHIP 21, RANGE 28, WEST OF THE 4TH MERIDIAN WHICH LIES TO THE NORTH OF THE HIGHWOOD RIVER AND TO THE SOUTH OF THE ROADWAY, CONTAINING 8.6 HECTARES (21.3 ACRES) MORE OR LESS

EXCEPTING THEREOUT: PLAN NUMBER HECTARES ACRES SUBDIVISION 9111447 1.37 3.39 EXCEPTING THEREOUT ALL MINES AND MINERALS 27.2.0 STATUTORY PLANS 27.2.1 The development of lands and buildings within this district shall be

consistent with any applicable statutory plan. 27.3.0 DEVELOPMENT PERMITS 27.3.1 Notwithstanding anything in this Bylaw, an application for a

development permit in respect of the lands referred to in Section 27.1.0 shall be referred by the Development Officer to the Council for its consideration. No development shall be undertaken in this District unless and until a development permit has been issued.

27.3.2 The Council may approve a development permit application with or

without conditions, or may refuse an application for development permit.

27.3.3 There is no appeal to the Development Appeal Board from a decision

of the Council on an application for a development permit in respect of the lands referred to in Section 27.1.0.

27.4.0 DEVELOPMENT STANDARDS 27.4.1 Standards of development shall be at the discretion of the Council. In

default of any requirement by the Council, the minimum requirements set out hereunder shall apply.

27.4.2 Area of Lot:

1/29/2014 LUB / Page 124

a. Area shown o Certificate of Title; or b. Area allowed for by Bylaw amending this section. 27.4.3 Front Yard Setback a. 5m (16.40 ft.) from an Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the center line of a Municipal Road c. 64m (209.97 ft.) from the center line of a Secondary Highway d. 40m (131.23 ft.) from a Primary Highway 27.4.4 Side Yard Setback: a. 15m (49.21 ft.) from property line 27.4.5 Rear Yard Setback a. 15m (49.21 ft.) from property line 27.5.0 DEFINITIONS 27.5.1 Notwithstanding anything contained elsewhere in the Land Use Bylaw,

the following definitions apply to this section and to any development permit that may be issued pursuant to this section:

Campground has the meaning given to that term in Section 3.0.0,

except that Council may designate some of the camping sites as “long term camping sites”;

Convenience Store means a store set up to provide basic needs for

the convenience of only those persons occupying the campground from time to time;

Day Amenities means grounds and facilities intended for the use of

persons who use the campground only between the hours of 6:00 a.m. and 11:00 p.m. on any day and does not include use of such grounds and facilities for overnight camping;

Laundromat means a self service laundry facility intended for use only

by occupants of the campground; Long Term Camping Sites means designated camping sites for the

purpose of providing long-term camping accommodation, between April 16th and October 31st of each year, for recreational vehicles or tents;

Office means a place set up for occupancy registration and

information; Park and Playground means an area of open land intended to be

used for outdoor recreational purposes; Recreational Vehicle has the meaning given to that term in Section

3.0.0, except that it does not include a boat;

1/29/2014 LUB / Page 125

Short Term Camping Sites means designated camping sites for the purpose of providing short-term accommodation of no more than 16 consecutive days during any 30 day period, for recreational vehicles or tents;

Washroom means a structure with running water and toilet facilities for

use by occupants of the campground only.

1/29/2014 LUB / Page 126

SECTION 28.0.0 DIRECT CONTROL DISTRICT #10 (DC10) 28.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow Direct Control by

Council over development on the following lands: Plan 9410556, Block 1, E½ 24-20-29-W4 Plan 9410556, Block 3, S.E. 24-20-29-W4 Plan 9610089, Block 6, Lot 2, S.E. 24-20-29-W4 Plan 9412581, Block 4, Lot 1, S.E. 24-20-29-W4 Plan 9412581, Block 4, Lot 2, S.E. 24-20-29-W4 Plan 9412581, Block 5, Lot 1, S.E. 24-20-29-W4 Plan 9511238, Block 6, Lot 1, S.E. 24-20-29-W4 28.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 28.2.1 PERMITTED USES Park Model Mobile Homes 28.2.2 DISCRETIONARY USES Accessory Buildings / Uses Agriculture, Intensive Arena, Commercial Business / Administrative Office Concession / Food Court Convenience Store / Services Convention Facility Country Recreational Centre / Lodge Dwelling – detached single family, no more than 1 such dwellings are

permitted on a lot that is less than 32.4 ha (80 acres) in size. Equestrian Uses Maintenance Shop Pathways – Equestrian/People Recreational Vehicle Park Retail Kiosk Screening Signage Short Term Campground Staging Kitchen Storage Utilities Wash Areas Washrooms

1/29/2014 LUB / Page 127

28.3.0 REQUIREMENTS Standards of development shall be at the discretion of the Council 28.4.0 PROCEDURE 28.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 28.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

28.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on al applications for development permits for lands referred to in Section 28.1.0. The Council may approve a development permit application with or without conditions, or may refuse an application for development permit.

28.4.3 There is no appeal to the Development Appeal Board from a decision

of the Council on application for a development permit in respect of the lands referred to in Section 28.1.0.

28.5.0 MINIMUM REQUIREMENTS – GENERAL 28.5.1 Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section. 28.5.2 Front Yard Setback: a. 5m (16.40 ft.) from an Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the center line of a Municipal Road c. 64m (209.97 ft.) from the center line of a Secondary Highway d. 40m (131.23 ft.) from a Primary Highway 28.5.3 Side Yard Setback: a. 15m (49.21 ft.) from property line 28.5.4 Rear Yard Setback a. 15m (49.21 ft.) from property line 28.6.0 SPECIAL PROVISIONS

Regarding the recreational vehicle park located on Plan 9410556,

Block 1

1/29/2014 LUB / Page 128

28.6.1 Application may be made to the municipality’s subdivision approving authority to subdivide the existing Recreational Vehicle Park as a bare land condominium consisting of 301 condominium units in addition to municipal reserve and environmental reserve lots.

28.6.2 A development permit shall be obtained prior to using any

condominium unit as a site for a recreational vehicle or any other temporary or permanent structure or thing.

28.6.3 If setback limits from the boundaries of condominium units are not set

out in the approved condominium plan or in the bylaws or rules of the condominium corporation, they may be set by Council on an application for a development permit.

28.6.4 A copy of the condominium corporation bylaws, rules and amendments

thereto from time to time shall be filed with the municipality within fifteen (15) days of passage or adoption.

28.6.5 There shall be contained in the bylaws or rules of the condominium

corporation the following requirements:

a. Keys to any recreational vehicle that is left unoccupied for a period in excess of three (3) consecutive days must be left with the condominium corporation or its agent;

b. Owners of condominium units must consent in writing to the

removal by the condominium corporation of any recreational vehicle located on a condominium unit in case of a flood which threatens to cause damage to the recreational vehicle; and

c. Owners shall comply with the flood evacuation plan to be repaired

by the developer or condominium corporation. 28.6.6 Concurrently with registration of the condominium plan, a restrictive

covenant in a form satisfactory to the municipality must be registered against the title to all condominium units in the plan that will be located wholly or partially within the one 1:100 year floodway to the effect that no development of any kind whatsoever, whether temporary or permanent will be permitted on any such unit without the consent of both the condominium corporation and the municipality, which consents may be granted upon conditions including a condition that the unit owner grant releases (including an indemnity) from and against any and all claims for damages suffered by the unit owner or any other person by reason of the unit being wholly or partially located within the one 1:100 year floodway.

28.6.7 Prior to registration of the condominium plan, a flood evacuation plan

must be prepared by the developer and approved by the Council.

1/29/2014 LUB / Page 129

28.6.8 The condominium corporation must establish a direct link to the

governmental agency responsible for flood forecasting so that the flood evacuation plan can be put in place in a timely manner.

28.6.9 Prior to registration of the condominium plan a storm water

management plan must be submitted to and approved by the Council. 28.6.10 A recreational vehicle located on a condominium unit shall not be

occupied more than two hundred (200) days in any calendar year. 28.6.11 Permanent occupancy of recreational vehicles located on

condominium units is prohibited. 28.6.12 The condominium corporation shall keep a record of the days during a

calendar year upon which each recreational vehicle located on a condominium unit is occupied and shall make those records available to the municipality for inspection upon demand.

28.7.0 DEFINITIONS – In this District: Arena, Commercial – see Section 3.0.0, “arena, commercial” Concession / Food Court – means a small area within a building

where fast food & beverages are offered for sale over the counter any may provide for a seating area. However, this is not to be construed as a restaurant;

Convenience Store / Services – means a store set up to provide fr

the basic needs of those people occupying the Recreational Park and Country Recreation Centre / Lodge. This would not be open to the general public and may include laundry and washroom facilities.

Convention Facility – means a building or facility available for the

purposes of assembly, culture, instruction, and educational, social and recreational activity, and may include entertainment which in ancillary to the above-stated purposes.

Country Recreational Centre / Lodge – means a building which

provides for short-term or occasional lodging and boarding of patrons. This building would include accessory facilities to the prime or principal use and intended for patrons of the Recreational Centre / Lodge.

Equestrian Uses – means uses that may include: boarding, training /

lessons, horse rentals, wash areas, manure / composting area, trail riding, to allow veterinary and farrier services and the necessary

1/29/2014 LUB / Page 130

accessory buildings and uses, such as but not limited to, wash areas, box stalls, holding pens, paddocks, jumping course, outdoor riding rings, tack rooms.

Park Model Recreation Vehicle – The Park Model Recreation Vehicle

must conform to the Canadian Standards Association CAN/CSA Z241 Series and is designed for seasonal camping with a gross floor area including lofts no greater than 50 square metres (538 sq. ft.) when in set-up mode and is not permitted to be placed on a permanent foundation. Each unit must ensure that the axels, wheels and hitch remain on each unit, no exceptions.

Recreational Vehicle – see Section 3.0.0, “recreational vehicle”. Recreational Vehicle Park – means a development designed and

intended to be used for the purpose of providing sites for long term location of Recreational Vehicles not exceeding two hundred (200) days in any one (1) calendar year.

Retail Kiosk – means a small open structure within an existing

building used to display and sell merchandise to the public and includes the storage of merchandise on or about the premises in quantities sufficient only to supply the establishment.

Screening – means the deck is permitted to have an engineered roof,

however, is not permitted to be enclosed at any time, except commercially manufactured metal framed screen rooms.

Short Term Campground – means the development for the purpose

of providing short-term accommodation, no more than 16 days, for Recreational Vehicles or tents. This campground is not construed to mean a development for the purpose of accommodating long-term or permanent occupancy.

Staging Kitchen – means a facility for the second-stage preparation

(eg: warming and arranging) of food which has been cooked off-site and transported to the kitchen).

1/29/2014 LUB / Page 131

SECTION 29.0.0 DIRECT CONTROL DISTRICT #11 (DC11) 29.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow for a wide range of

commercial uses consistent with the Heritage Pointe Area Structure Plan and Direct Control by the Council over the development on the following lands (Heritage Pointe Commercial Site):

In Township 22, Range 29, West 4 Meridian: Portion of Fractional South Half Section 6; In Township 22, Range 1, West 5 Meridian: Portion of South East Quarter of Section 1 Total of 3.61 acres 29.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 29.2.1 PERMITTED USES Convenience / Grocery Store Public Works Restaurants Service Station Signs not requiring a development permit 29.2.2 DISCRETIONARY USES Accessory Uses Appliance Service and Repair Auto Sales and Service Business Offices (i.e. – Veterinarian, Medical Doctor, Dentist, Lawyer,

Small Business Centre) Community services (i.e. Fitness Facility, Library, Recycler) Country Recreational Centre / Lodge Day Care Center Dwelling – Single Family Farm Equipment and Sales Hotel / Motel Public Quasi Public Installations and Facilities Retail and Wholesale Outlets (i.e. Post Office, Dry Cleaner, Beauty

Salon/Spa, Coffee Shop, Liquor Store, Video Store, Art Market) Signs requiring a Development Permit 29.3.0 REQUIREMENTS Standards of the development shall be at the discretion of Council.

1/29/2014 LUB / Page 132

29.4.0 MINIMUM REQUIREMENTS 29.4.1 Area of Lot:

a. Area shown on Certificate of Title; or b. Area allowed for by bylaw amending this section

29.4.2 Front Yard Setback: a. 4m (13.12 ft.) from an Internal Subdivision Road – Property Line b. 38m (124.67 ft.) from the center line of a Municipal Road c. 64m (209.97 ft.) from the center line of a Secondary Highway d. 40m (131.23 ft.) from a Primary Highway 29.4.3 Side Yard Setback: a. 1.5m (4.92 ft.) from property line 29.4.4 Rear Yard Setback a. 6m (19.69 ft.) from property line 29.5.0 MAXIMUM LIMITS 29.5.1 Number of Lots a. at the discretion of Council 29.5.2 Height of Buildings: a. 12m (39.37 ft.) b. or, if higher than 12m, at the discretion of Council 29.5.3 Coverage of Lot:

a. 60% 29.6.0 PROCEDURE 29.6.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for development permit in respect of lands referred to in Section 29.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

29.6.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to lands referred to in Section 29.1.0. The council may approve a development permit application with or without conditions, or may reuse an application for development permit.

1/29/2014 LUB / Page 133

29.6.3 There is no appeal to the Development Appeal Board from a decision of the Council on an application for a development permit in respect of the lands referred to in Section 29.1.0.

1/29/2014 LUB / Page 134

SECTION 30.0.0 DIRECT CONTROL DISTRICT #12 (DC12) 30.1.0 PURPOSE AND INTENT

The purpose and intent of this District is to allow Direct Control by Council over development on the following lands:

N.E. 29-18-02-W5 30.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 30.2.1 PERMITTED USES Accessory Uses Signage Sweet Gas Plant 30.2.2 DISCRETIONARY USES Nil 30.3.0 REQUIREMENTS 30.3.1 Standards of the development shall be at the discretion of Council. 30.4.0 PROCEDURE 30.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 30.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

30.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits for lands referred to in Section 30.1.0. The Council may approve a development permit application with or without conditions, or may refuse an application for development permit.

30.4.3 There is no appeal to the Development Appeal Board from a decision

of the Council on an application for a development permit in respect of the land referred to in Section 30.1.0.

30.5.0 MINIUM REQUIREMENTS 30.5.1 Area of Lot:

1/29/2014 LUB / Page 135

a. Area shown on Certificate of Title; or b. Area allowed for by bylaw amending this section.

30.5.2 Front Yard Setback: a. 5m (16.40 ft.) from an Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the center line of a Municipal Road c. 64m (209.97 ft.) from the center line of a Secondary Highway d. 40m (131.23 ft.) from a Primary Highway 30.5.3 Side Yard Setback: a. 15m (49.21 ft.) from property line 30.5.4 Rear Yard Setback a. 15m (49.21 ft.) from property line

1/29/2014 LUB / Page 136

SECTION 31.0.0 DIRECT CONTROL DISTRICT #13 (DC13) 31.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow Direct Control by

Council over the development of the following lands: In the Township 22, Range 4, West of the 5th Meridian: Portion of the 145.35 acre (58.82 hectare) parcel located in the

North West Section of 17 east of Highway 762 as shown on Appendix A attached to Bylaw No. 31/2004.

In the Township 21, Range 3, West of the 5th Meridian: Portion of the 18.55 acre (7.506 hectare) parcel located in the North West Section of 2 and a portion of the 10.0 acre (4.04 hectare) parcel located in the South West Section of 2, west of Highway 22, as shown on Appendix B attached to Bylaw No. 69/2007

31.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 31.2.1 PERMITTED USES Public Works 31.2.2 DISCRETIONARY USES Accessory Buildings and Uses Extensive Agricultural Uses Water Reservoir Water Treatment and Distribution limited to lots found on the subject

quarter as created with Bylaw 7/2004. Water Treatment and Distribution facility to service lots found within the

Millarville Crossing development Further uses as approved by the MD of Foothills Council 31.3.0 REQUIREMENTS 31.3.1 Standards of development shall be at the discretion of the Council. 31.4.0 PROCEDURE 31.4.1 Notwithstanding the procedure established for Development Permit

applications in the Section 6.0.0, applications for development in respect of the lands referred to in Section 31.1.0 shall be referred by the Development Officer to the council for its approval or refusal.

1/29/2014 LUB / Page 137

31.4.2 Notwithstanding the procedure established for the issuance of

Development Permits in Section 7.0.0 the Council shall decide on all applications for Development Permits with the aforementioned lands referred to in Section 31.1.0 as shown in the attached Appendix A. The Council may approve a Development Permit application with or without conditions, or may refuse an application for Development Permit.

31.4.3 There is no appeal to the Development Appeal Board for a decision of

the Council on an application for a development permit in respect to the lands referred to in Section 31.1.0.

1/29/2014 LUB / Page 138

1/29/2014 LUB / Page 139

SECTION 32.0.0 DIRECT CONTROL DISTRICT #14 (DC14) 32.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow Direct Control by

Council over the development of the following lands: In the Township 21, Range 29, West of the 4th Meridian: Portion of the North East Section of 8 32.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 32.2.1 PERMITTED USES Agricultural General Accessory Buildings Dwellings – Detached Single Family Dugout, Private 32.2.2 DISCRETIONARY USES Administration Office Commercial – Agricultural Use Equestrian Uses Outdoor Assembly Area Meeting / Banquet Area Pathways – Equestrian / People Retail Kiosk Signage Staging Kitchen Washrooms Western Equine Centre 32.3.0 REQUIREMENTS 32.3.1 Standards of development shall e at the discretion of the Council. 32.4.0 PROCEDURE 32.4.1 Notwithstanding the procedure established for development permit

applications in the Section 6.0.0, applications for development in respect of the lands referred to in Section 32.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

32.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0 the Council shall decide on all

1/29/2014 LUB / Page 140

applications for Development Permits with the aforementioned lands referred to in Section 32.1.0. The Council may approve a development permit application with or without conditions, or may refuse an application for development permit.

32.4.3 There is no appeal to the Development Appeal Board for a decision of

the Council on an application for a development permit in respect of the lands referred to in Section 32.1.0.

32.5.0 MINIMUM REQUIREMENTS 32.5.1 Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by bylaw amending this section. 32.5.2 Front Yard Setback: a. 5m (16.40 ft.) from an Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the center line of a Municipal Road c. 64m (209.97 ft.) from the center line of a Secondary Highway d. 40m (131.23 ft.) from a Primary Highway 32.5.3 Side Yard Setback: a. 15m (49.21 ft.) from property line 32.5.4 Rear Yard Setback a. 15m (49.21 ft.) from property line 32.6.0 MAXIMUM LIMITS 32.6.1 Height of Buildings: a. Western Equine Centre 18.29m (60 ft.) b. Commercial Structures 10.67m (35 ft.) 32.7.0 DEFINITIONS – In this regulation:

Accessory Buildings / Uses – as described in Section 3.0.0 means, when used to describe a use or building, a use or building naturally or normally incidental, subordinate, and exclusively devoted to the principal use or building, and located on the same lots or site. An accessory building does not include a building such as one described by the definitions for “arena, private”, “arena, limited public”, or “arena, commercial”. Administration Office – means a specific area within the Western Equine Centre providing for the day-to-day business operation of the facility.

1/29/2014 LUB / Page 141

Agricultural General – See Section 10.13.0 or means systems of tillage and animal husbandry which involve methods used on large areas of land for the raising of crops or the rearing of livestock (provided that the density of the operation does not exceed 1 animal unit per 3 acres of land) either separately or in conjunction with one another in unified operations and includes buildings and other structures incidental to the agricultural operation. Commercial, Agricultural Use – means two (2) buildings located on individual lots which provide the public with goods and/or services primarily concentrated on the agricultural industry and may include but are not limited to: small farm equipment sales, western clothing/saddle store, office space, western theme art gallery and craft stores. Dwelling, Detached Single Family – as described in Section 3.0.0 Dugout, Private – as described in Section 3.0.0, means excavation for the purposes of, but not limited to, ornamental ponds, enlargement of man made dugouts and for agricultural purposes. Equestrian Uses – means uses that may include: training/lessons, wash areas, manure/composting area, horse boarding and the necessary accessory building and uses, such as but not limited to, wash areas, box stalls, holding pens, paddocks, outdoor riding rings and tack rooms. Meeting Area / Banquet – means an area within the Western Centre for the purposes of assembly, culture, instruction, education and/or social activities which is ancillary to the Western Equine Centre’s primary function as indicated in this Section. Outdoor Assembly Area – means a specific area available for the purpose of camp fire gatherings, contained outdoor entertainment and or activities. Pathways, Equestrian / People – means defined and naturally surfaced linear trails for the purposes of riding and/or walking. Retail Kiosk – means a small specified area within the Western Equine Centre used to display and sell merchandise to the participants of each event and not to the general public and included the storage of the merchandise on or about the premises in quantities sufficient only to supply the establishment. Signage – in accordance with Section 10.11.4, means a “Fascia Sign” to be placed directly on the building in an area advantageous to the Western Equine Centre and to notify the public, and a “Free-Standing Sign” to be erected at a location advantageous to the Western Equine Centre and the public and conform to Section 10.11.4.

1/29/2014 LUB / Page 142

Staging Kitchen – means a facility for the second-stage preparation, warming ad arranging of food, which has been cooked off-site and transported to the staging kitchen for distribution. Western Equine Centre – means a building or facility geared toward Western Heritage themed tourism and available for the purposes of assembly, culture, instruction, and educational, social and recreational activities, and will include an area for banquets and entertainment focusing on and displaying western heritage and culture such as but not limited to rodeo events.

1/29/2014 LUB / Page 143

SECTION 33.0.0 DIRECT CONTROL DISTRICT #15 33.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow for the establishment

and operation of the Foothills County Hospice as a non-profit centre for the palliative and hospice care and lodging of terminally ill patients and their families and the Direct Control by the Council over the development on the following lands:

Plan 0512371, Block 2, Lot 1, N.E. 04-21-29-W4 Consisting of 8.4 acres (3.39 hectares) 33.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 33.2.1 PERMITTED USES Palliative Care Centre Signs not requiring a Development Permit 33.2.2 DISCRETIONARY USES Accessory Uses 33.3.0 REQUIREMENTS 33.3.1 Standards of development shall be at the discretion of the Council. 33.4.0 PROCEDURE 33.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 33.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

33.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 33.1.0. The Council may approve a development permit application without conditions, or may refuse an application for development permit.

33.4.3 There is no appeal to the Development Appeal Board from a decision of

the Council on an application for a development permit in respect of the lands referred to in Section 33.1.0.

1/29/2014 LUB / Page 144

SECTION 34.0.0 DIRECT CONTROL DISTRICT #16 (DC16) 34.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow Direct Control by

Council over development on the following lands: Plan 9812782, Block 1, Ptn. N.W. 32-19-28-W4 Ptn. S.E. 05-20-28-W4 34.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 34.2.1 PERMITTED USES Nil 34.2.2 DISCRETIONARY USES

Category “A” Accessory Buildings Accessory Use Administrative Offices Camping Dirt Track Racing Driving Schools Mud Bogs Parking Safety Training Show and Shines Signage Storage of Ground Maintenance Equipment Vehicle Fabrication Facility for Racetrack Only Vehicle Repair Facility for Racetrack Only Warm Storage of Vehicles for Racetrack Only Category “B” (Event Specific) Auctions Banquets Birthday Parties Concerts Corporate Functions Cutting Horse Futurities Dances Fashion Shows Festivals Flea Markets and Swap Meets

1/29/2014 LUB / Page 145

Fundraisers for Charity Graduation Parties Movie Productions Music Competitions and Recitals Music Videos Rodeo Events R.V. Shows Team Cattle Penning Weddings

34.3.0 REQUIREMENTS Standards of development shall be at the discretion of the Council. 34.4.0 PROCEDURE 34.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 34.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

34.1.1 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 34.1.0. The Council may approve a development permit application without conditions, or may refuse an application for development permit.

34.4.3 There is no appeal to the Development Appeal Board from a decision

of the Council on an application for a development permit in respect of the lands referred to in Section 34.1.0.

34.5.0 MINIMUM REQUIREMENTS – GENERAL 34.5.1 Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section. 34.5.2 Front Yard Setback: a. 48m (157.48 ft.) from the center line of a Municipal Road b. 64m (209.97 ft.) from the center line of a Secondary Highway c. 40m (131.23 ft.) from a Primary Highway 34.5.3 Side Yard Setback: a. 15m (49.21 ft.) from property line

1/29/2014 LUB / Page 146

34.5.4 Rear Yard Setback a. 15m (49.21 ft.) from property line 34.6.0 MAXIMUM LIMITS 34.6.1 Height of Buildings: a. 10m (32.81 ft.) b. Or, if higher than 10m, at the discretion of Council 34.7.0 DEFINTIONS: Accessory Building ‘A’ – means a double wide mobile home on site with

a concrete foundation considered as a permanent structure. This double wide mobile home is utilized for security personnel and enables the facility and grounds to be monitored on a 24-hour / 7 day basis.

Accessory Building ‘B’ – means a building naturally or normally

incidental, subordinate and exclusively devoted to the principal building on the lot, and located on the same lot as the principal building. Non-permanent structures include a converted trailer on skids – which is utilized for volunteers and race crews during ‘race days’ to have a central meeting point. It is commonly referred to as ‘The Tech Shack’. In addition there are 4 ticket / entrance control booths on skids – which 3 are placed at the front entrance and 1 at the back entrance to the facility. These entrance booths are utilized to control entrance into and out of the site.

Accessory Use – means a use that is naturally or normally incidental,

subordinate and exclusively devoted to the principal use of a lot, and located on the same lot as the principal use.

Administrative Offices – utilization of office space on-site for the co-

ordination of all activities on site. Also includes offices for management, staff and volunteers. Offices will be ‘open’ on a year round basis. Enables management, staff and volunteers to have a permanent location for meetings.

Auctions – are whereby Auctioneer companies rent a portion of the

facility to display and sell by public bid commodity items. This could be contained within the auditorium section of the facility or on the lands.

Banquets – enable corporate organizations to utilize a venue whereby

food and refreshments are catered to their employees and customers. It also refers to a private citizen or private company to organize a function – such as fundraisers or appreciation nights.

1/29/2014 LUB / Page 147

Birthday Parties – to have an entertainment venue, which is geared mainly towards the 12 to 17 age group, as there is currently no such venue geared to the youth of this age group within the M.D. of Foothills. Of course other age groups 0 both younger and older could book the facility for a birthday party. Basically by providing a venue in a controlled and safe environment for the enjoyment of children, youth, adults and families.

Camping – means on a non-permanent basis during events. During a

race event drivers and their pit crew travel quite a distance. These drivers and pit crews have trailers or motor homes – which are self contained and enable these individuals to be close to their investments (upwards of $250,000) for safekeeping and security. A number of these drivers and pit crew haul their race cars with the – behind these recreational units. It also provides the drivers and their pit crews an area for which their family’s to be close to their loved one. We are not requesting to operate similar existing campgrounds, where they provide water, sewer and electrical hook-ups. We would like to provide an opportunity for our patrons and their family’s, which have self-contained recreational vehicles to park on site.

Concerts – limited to approximately 5,000 people. Unlike other outdoor

concert venues we feel considering the size of our lands, amenities available and available resources we would like to provide an opportunity for the smaller size bands and musicians to highlight their talents.

Corporate Functions – this includes staff functions, gatherings for an

organizations client for performance incentives rewards and appreciations. Cutting Horse Futurities – an event where a single rider and horse ‘cut’

a cow from a herd to utilize the skills of the horse and rider. Whereby a horse and it’s rider compete within a time frame to direct a single cow / steer / heifer out of a herd of similar animals and keep the cow / steer or heifer from going back into the herd. Points are awarded based upon the rider’s ability, the performance of the horse and the movements of the horse and rider.

Dances – whereby individuals move their bodies in sync to the beat of

music. Could be used in conjunction with the smaller format of concerts. Dirt Track Racing – Includes the following: Cars and Trucks – whereby a driver circles around an enclosed and

safe environment competing for prize money and or trophies. Motorcycle – oval, flat track and motor cross: whereby motorcycle

riders compete against each other in a timed event for prize money and trophies and recognition.

1/29/2014 LUB / Page 148

Snowmobile – oval and snow-cross: different groups of snowmobile enthusiasts race around an oval track or across a man made hilly terrain – competing against each other in a timed event for money, trophies and recognition by their peers.

Truck-Tor Pulls – whereby drivers of vehicles, such as 4 wheel drive trucks hook a towrope onto their vehicle, which is connected to a sled with ballast weight. The drivers of the vehicles then proceed forward in a controlled environment to see how far they can pull the sled with ballast weight.

Driving Schools – open the facility to professional associations such as

AMA, IMCA, Legends Cars of America, along with organizations to provide a safe and secure driving environment for individuals to enhance and improve upon their driving skills within the racing community – or enhance their driving skills upon our public roadways.

Fashion Shows – whereby organizations provide models to showcase

clothing and fashion accessories. Festivals – a gathering by members of the public to enjoy each other’s

company. This could include birthday parties for children and adults, a small gathering for Folk music, a place for non-profit and for profit organizations to display goods for re-sale, barter or trade.

Flea Markets and Swap Meets – whereby members of the public come to

buy goods from vendors – could be similar to facilities such as the Crossroads Flea Market, Millarville Market. It could also be utilized for automotive enthusiasts to buy, trade or swap automotive parts and accessories. As a side note we are not suggesting or pursing these types of events on a permanent basis.

Fundraisers for Charity – means an event whereby non-profit

organizations utilize the facility to raise awareness of their cause, raise money or collect goods for charity.

Graduation Parties – means to provide a safe and secure environment

whereby graduation classes are able to celebrate together. Movie Production – film production companies seek out ‘locations’ to film

scenes for movies, television shows and documentaries. Mud Bogs – whereby competitors drive a vehicle through a pit filled with

mud and water, competing against each other to see how far they can go.

1/29/2014 LUB / Page 149

Music Competitions and Recitals – usually children and youth highlight and showcase their talents in front of members of the public, their parents, siblings, friends and judges.

Music Videos – whereby musicians are filed for a short videotape

segment, usually highlighting a single song. Parking – means to utilize portions of the land for the orderly parking of

members of the public’s vehicles when they attend any type of event or activity at the facility.

Rodeo Events – means a gathering of contestants and spectators to view

contestants competing for prize money based on their ability to ride and perform on livestock. Events could include: bareback horse riding, saddlebronc horse riding, tie down roping, bull riding, barrel racing, steer wrestling, team roping, mutton busting. This also includes gymkhanas, 4-H shows and youth equestrian events.

RV Shows – means a gathering of a single or multiple dealers of

recreational equipment to feature the benefits of recreational vehicles. Members of the public are asked to attend in order for the dealer(s) to complete a possible sale and purchase of the recreational vehicle.

Safety Training – where qualified and certified instructors teach courses

on vehicle extrication, safety, fire suppression, mock disasters and emergency scenarios.

Show and Shines – means a gathering of car enthusiasts where

participants park their vehicle to display said vehicle to members of the public and other competitors. Such events are usually held for antique cars, cars that have been modified, rare cars or by automotive dealers to `show off` new models of cars.

Signage – means to have signage highlighting the facility, outlining

upcoming events, directional signs (for participants, the general public, volunteers and staff), handicap parking signage, V.I.P. signage.

Storage of Ground Maintenance Equipment – means to have the ability

to store on-site the grounds equipment – tractors and implements to ensure the site is able to be maintained and keep in a cleanliness state.

Team Cattle Penning – means an event whereby three riders herd three

head of cattle from a herd and direct the cattle into a holding pen, based on the fastest time.

1/29/2014 LUB / Page 150

Vehicle Fabrication Facility – means to utilize a part of the building on-site to fabricate or repair race & tow vehicles during a race event in a warm, dry and secure environment. Also to have the ability to fabricate, build or repair the tracks own race cars during non-race dates.

Vehicle Repair Facility – to utilize a part of the building on-site to work on

vehicles – repairing the same in a dry and warm environment. Warm Storage of Vehicles – during the winter months or during the

colder days of the year – utilize a part of the building on-site to place vehicles and equipment in a warm environment to protect them and their working parts from the effects of cold or inclement weather.

Weddings – means a gathering of a smaller group of people to celebrate

the martial union of 2 people.

1/29/2014 LUB / Page 151

SECTION 35.0.0 DIRECT CONTROL DISTRICT #17 (DC17) 35.1.0 PURPOSE AND INTENT

The purpose and intent of this District is to allow Direct Control by the Council over development on the following lands consistent with the policies in the Sanctuary on the Bow Area Structure Plan:

Lot containing Angler’s Lodge legally described by plan # post

registration, as shown on attached schedule A outlined in black. These lands consist of the Angler’s Lodge community building. This

building is intended to support community activities and facilities for private and public use. This includes but is not limited to providing opportunities for education, interpretation, private and public functions, community meetings, fitness facilities, and supporting a small office, kitchen, and storage area for a caretaker. The municipality shall not be responsible for maintenance or ownership of any of the lands designated as direct control. The ownership and maintenance of these lands is the responsibility of the Sanctuary on the Bow Homeowner’s Association or assigns (or as otherwise noted in title).

35.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 35.2.1 PERMITTED USES

Community Buildings and Facilities Education and Interpretative Uses Public works Signs

35.2.2 DISCRETIONARY USES

Restaurant 35.3.0 REQUIREMENTS 35.3.1 Standards of development shall be at the discretion of the Council. 35.4.0 PROCEDURE 35.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0 (of the Land Use Bylaw), an application for a development permit in respect of the lands referred to above shall be referred by the Development Officer to the Council for its approval or refusal.

1/29/2014 LUB / Page 152

35.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0 (of the Land Use Bylaw), the Council shall decide on all applications for development permits with respect to the lands referred to above. The Council may approve a development permit with or without conditions, or may refuse an application for development permit.

35.4.3 There is no appeal to the Development Appeal Board from a decision of Council on an application for a development permit in respect of the lands referred to above. 35.5.0 MINIMUM REQUIREMENTS – GENERAL 35.5.1 Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section. 35.5.2 Front Yard Setback: a. 4 m from Internal Subdivision Road – Property Line. b. 48 m from the Centre line of a Municipal Road 35.5.3 Side Yard Setback: a. 1.5 m 35.5.4 Rear Yard Setback a. Principal Building - 8m 35.6.0 MAXIMUM LIMITS 35.6.1 Number of Lots: a. At the discretion of Council 35.6.2 Height of Buildings: a. 10 m; or b. Greater than 10 m, at the discretion of Council. 35.6.3 Coverage of Lots a. 50% 35.6.4 Main Floor Area a. Not to exceed 3000 ft2 35.7.0 DEFINITIONS:

Community buildings and facilities - means buildings and facilities which are available for the use and enjoyment of the inhabitants of the

1/29/2014 LUB / Page 153

municipality and the rural area for the purposes of assembly, culture, and recreational activity.

Educational and interpretative use - means premises in which seasonal or occasional education or training is provided utilizing both the natural environment and man-made physical elements such as buildings, structures, roadways, paths, trails, etc., that together create the physical character of an area.

1/29/2014 LUB / Page 154

Schedule A

Direct Control Parcel

1/29/2014 LUB / Page 155

SECTION 36.0.0 DIRECT CONTROL DISTRICT #18 (DC18) 36.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow Direct Control by

Council for commercial development on the following lands: SE 04-19-28-W4; and SW 04-19-28-W4, which lies to the east of subdivision Plan 3751C;

south and east of subdivision plan 6437HR; 36.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 36.2.1 PERMITTED USES Nil 36.2.2 DISCRETIONARY USES Accessory Uses Arena, Commercial Automotive Related Industries (including but not limited to: Auto Body;

Auto Repair; Auto Sales; Car Wash; Service Station. Automotive Related Industries shall not be unnecessarily restrictive in its application so as to prohibit Truck and Farm Equipment Related Industries insofar as these comparable uses are permitted as Automotive Related Industries.)

Bank Business Office Campground and Recreational Vehicle Park Community Buildings and Facilities Community Services Farm Equipment Sales and Service Farmers Market Home Improvement Centre Lumberyard Recreational Vehicle / Watercraft Retailer Restaurant Retail Store Signs Requiring a Development Permit Theatre Truck Stop 36.3.0 REQUIREMENTS

1/29/2014 LUB / Page 156

Standards of development shall be at the discretion of the Council. 36.4.0 PROCEDURE 36.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 36.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

36.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 36.1.0. The Council may approve a development permit application without conditions, or may refuse an application for development permit

36.4.3 There is no appeal to the Development Appeal Board from a decision

of the Council on an application for a development permit in respect of the lands referred to in Section 36.1.0.

36.5.0 MINIMUM REQUIREMENTS – GENERAL 36.5.1 Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section. 36.5.2 Front Yard Setback: 4m (13.12 ft.) from an internal subdivision road; 48m (157.48 ft.) from the centre line of a Municipal Road 64m (209.97 ft.) from the center line of a Secondary Highway 40m (131.23 ft.) from a Primary Highway All other front yard setbacks - at the discretion of Council 36.5.3 Side Yard Setback: 1.5m (4.92 ft.) 36.5.4 Rear Yard Setback 6.0m (19.69 ft.) 36.6.0 MAXIMUM LIMITS 36.6.1 Height of Buildings: a. 10m (32.81 ft.) b. Or, if higher than 10m, at the discretion of Council 36.6.2 Coverage of Lot:

1/29/2014 LUB / Page 157

a. 60%

1/29/2014 LUB / Page 158

SECTION 37.0.0 DIRECT CONTROL DISTRICT #19 (DC 19) 37.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow for the Direct Control

by the Council over the development on the following lots (Miller Ag Supply):

Lot 1 Block 2 Plan 1011837 NE 35-20-29-W4M Lot 2 Block 2 Plan 1011837 NE 35-20-29-W4M 37.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 37.2.1 PERMITTED USES Accessory Uses Business Offices Public Works Retail Store Signs not requiring a development permit 37.2.2 DISCRETIONARY USES Accessory Uses Convenience / Grocery Store Agricultural Processing and Distribution Storage Auto Sales and Service Farm Equipment Sales and Services Public Quasi Public Installations and Facilities Retail and Wholesale Outlets Service Shops (electrical, plumbing and mechanical) Service Station Signs requiring a Development Permit 37.3.0 REQUIREMENTS Standards of the development shall be at the discretion of Council. 37.4.0 MINIMUM REQUIREMENTS 37.4.1 Area of Lot:

a. Area shown on Certificate of Title; or b. Area allowed for by bylaw amending this section

1/29/2014 LUB / Page 159

37.4.2 Front Yard Setback: a. 15m (49.21 ft.) from an Internal Subdivision Road –

Property Line b. 48m (157.48ft.) from the center line of a Municipal Road c. 64m (209.97 ft.) from the center line of a Secondary Highway d. 40m (131.23 ft.) from a Primary Highway 37.4.3 Side Yard Setback: a. 15m (49.21 ft.) from property line 37.4.4 Rear Yard Setback a. 15m (49.21 ft.) from property line 37.5.0 MAXIMUM LIMITS 37.5.1 Number of Lots a. at the discretion of Council 37.5.2 Height of Buildings: a. 10m (32.81ft.) b. or, if higher than 10m, at the discretion of Council 37.5.3 Coverage of Lot:

b. 60% 37.6.0 PROCEDURE 37.6.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for development permit in respect of lands referred to in Section 37.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

37.6.2 Notwithstanding the procedure established for the issuance of development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to lands referred to in Section 37.1.0. The council may approve a development permit application with or without conditions, or may reuse an application for development permit.

37.6.3 There is no appeal to the Development Appeal Board from a decision of

the Council on an application for a development permit in respect of the lands referred to in Section 37.1.0.

1/29/2014 LUB / Page 160

SECTION 38.0.0 DIRECT CONTROL DISTRICT #20 (DC 20) 38.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow Direct Control by Council

for commercial development on the following lands: NE 09-19-28-W4, PLAN 0716342, BLOCK 1, LOT 2 NE 09-19-28-W4, PLAN 0716342, BLOCK 1, LOT 3 NE 09-19-28-W4, PLAN 0716342, BLOCK 1, LOT 4 NE 09-19-28-W4, PLAN 1110565, BLOCK 1, LOT 7 38.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 38.2.1 PERMITTED USES Nil 38.2.2 DISCRETIONARY USES Accessory Uses Automotive Related Industries Business Offices Indoor Storage Facilities Manufacturing Service Shops (electrical, plumbing, mechanical & welding) Signs Requiring a Development Permit Truck & Farm Equipment Sales & Service Truck Stop Warehouse 38.3.0 REQUIREMENTS Standards of development shall be at the discretion of the Council. 38.4.0 PROCEDURE 38.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 38.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

38.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 38.1.0. The Council may approve a development permit

1/29/2014 LUB / Page 161

application without conditions, or may refuse an application for development permit

38.4.3 There is no appeal to the Development Appeal Board from a decision of

the Council on an application for a development permit in respect of the lands referred to in Section 38.1.0.

38.5.0 MINIMUM REQUIREMENTS – GENERAL 38.5.1 Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section. 38.5.2 Front Yard Setback: a. 15m (49.21 ft.) from an internal subdivision road; b. 48m (157.48 ft.) from the centre line of a Municipal Road c. 64m (209.97 ft.) from the center line of a Secondary Highway d. 40m (131.23 ft.) from a Primary Highway e. All other front yard setbacks - at the discretion of Council 38.5.3 Side Yard Setback: a. 15m (49.21 ft.) 38.5.4 Rear Yard Setback a. 15m (49.21 ft.) 38.6.0 MAXIMUM LIMITS 38.6.1 Height of Buildings: a. 10m (32.81 ft.) b. Or, if higher than 10m, at the discretion of Council 38.6.2 Coverage of Lot: a. 60%

1/29/2014 LUB / Page 162

SECTION 39.0.0 DIRECT CONTROL DISTRICT #21 (DC 21) 39.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow for a specific range of

commercial and business uses that are mutually beneficial to both the Town of Okotoks and MD of Foothills with Direct Control by the M.D. of Foothills Council over development on the following lands (Gold Medal Business Park)

In Township 20, Range 29, West 4 Meridian: Portion of North East Quarter of Section 17 Total of 62.79 acres 39.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 39.2.1 PERMITTED USES Nil 39.2.2 DISCRETIONARY USES Accessory Uses Agricultural Supply Depot Animal Health Care Services Appliance Service and Repair Building Supply Center (Plan _________, Lot 6) Business Offices Commercial, Agricultural Use Community Facility services Convenience Store Farm Equipment and Sales and Service Live/Work Dwelling Lot Grading Mini Storage Outside Storage Public Quasi Public Installations and Facilities Public Works Recreation Vehicle Sales and Service Restaurants (Plan _________, Lot 8) Retail Stores Signs

1/29/2014 LUB / Page 163

39.3.0 REQUIREMENTS

Standards of the development shall be at the discretion of Council. The Architectural Development Guidelines for the business park shall be reviewed and approved by Council, and registered on the lands.

39.4.0 PROCEDURE 39.4.1 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0 of the Land Use Bylaw, the Council shall decide on all applications for development permits with respect to lands referred to in Section 39.2.2 (Discretionary Uses). The council may approve a development permit application with or without conditions, or may reuse an application for development permit.

39.4.2 There is no appeal to the Development Appeal Board from a decision

of the Council on an application for a development permit in respect of the lands referred to in Section 39.1.0.

39.5.0 MINIMUM REQUIREMENTS 39.5.1 Area of Lot:

a. Area shown on Certificate of Title; or b. Area allowed for by bylaw amending this section

39.5.2 Front Yard Setback: a. 4m (13.12 ft.) from an Internal Subdivision Road – Property Line b. 38m (124.67 ft.) from the center line of a Municipal Road c. 64m (209.97 ft.) from the center line of a Secondary Highway d. 40m (131.23 ft.) from a Primary Highway 39.5.3 Side Yard Setback: a. 1.5m (4.92 ft.) from property line 39.5.4 Rear Yard Setback a. 6m (19.69 ft.) from property line 39.6.0 MAXIMUM LIMITS 39.6.1 Number of Lots a. at the discretion of Council 39.6.2 Height of Buildings: a. 12m (39.37 ft.) b. or, if higher than 12m, at the discretion of Council

1/29/2014 LUB / Page 164

39.6.3 Coverage of Lot: a. 60% 39.7.0 DEFINITIONS

Notwithstanding anything contained elsewhere in the Land Use Bylaw, the following definitions apply to this section and to any development permit that may be issued pursuant to this section:

Accessory Uses means a use that is naturally or normally incidental, subordinate and exclusively devoted to the principal commercial use of a lot, and located on the same lot as the principal use. Agricultural Supply Depot means a facility for the purpose of supplying goods, materials, and/or services that support agricultural uses, whether retail, wholesale, or in bulk. This shall include such goods and services as sale of storage of seeds, feeds, fertilizers, chemical products fuels, lubricants, parts or the rental, sale, repair, and servicing of farm machinery and equipment but does not include the buying or selling of farm animals; Animal Health Care Services means development such as a hospital or shelter used for the temporary accommodation, care, treatment or impoundment of animals. This would include pet clinics, animal veterinary clinics and veterinary offices. Appliance Service and Repair means development used for the sales, service, cleaning and repair of household appliances; Building Supply Center means a commercial retail store where building materials, household accessories and furnishings and other related goods are stored, offered, or kept for sale and may include outside storage. Business Offices means a building or development primarily used for the provision of professional, management, administrative, financial and consulting services. Typical uses include the offices of lawyers, accountants, engineers and architects, medical and dental professional offices; offices for real estate, insurance, clerical, secretarial, employment telephone answering, and office support services. Commercial, Agricultural Use means buildings located on individual lots which provide the public with goods and/or services primarily concentrated on the agricultural industry and may include but are not limited to: small farm equipment sales, western clothing/saddle store, tack supplies, office space, western theme art gallery and craft stores.

1/29/2014 LUB / Page 165

Community Facility Services means buildings and facilities which are available for the use and enjoyment of the residents and the rural area for the purposes of assembly, culture, and recreational activity. Convenience Store means the use of a building or a portion thereof with a gross floor area of less than 600 sq. m. (6,458 sq. ft) for the sale of foodstuffs and convenience goods to serve the needs of surrounding residents, and the travelling public. Typical uses include small food stores and variety stores selling confectionery, tobacco, grocery, non-alcoholic beverage, pharmaceutical and personal care items, hardware, or printed matter. Farm Equipment Sales and Services means development used for the sales, service, cleaning or repair of farm equipment, farm vehicles, machinery or mechanical equipment typically used in agriculture production and farming. Live/Work dwelling means a development that shall include a detached dwelling unit as the secondary use in conjunction with a commercial establishment. Lot grading means:

a. the construction of berms in excess of 2m (6.5 ft.) in height; b. stockpiling of soil in excess of 2m (6.5 ft.) in height; c. trenching and/or excavation that redirects a watercourse or

changes the natural drainage pattern of a lot (including but not limited to increasing the volume of run off from property).

Mini Storage means self-contained buildings or storage facilities intended to provide inside storage options where the customer is charged a rental fee on a monthly or annual basis for the storage of personal products; Outside Storage means the storing, stockpiling or accumulating of goods, equipment or material in an area that is open or exposed to the natural elements. Public or quasi-public means a building, plant works, equipment system or service owned, operated or enfranchised by the Municipality, Province of Alberta or Government of Canada. Public works means any Municipal work or development done in connection with the construction, maintenance, or upgrading of Municipal roads, Municipal water and sewer systems, and other similar operations on municipally owned lands.

1/29/2014 LUB / Page 166

Recreation Vehicle Sales and Service means a development used for the rental, lease, and sale of new or used recreation vehicles together with incidental repair and maintenance services and sales of parts. Typical uses include sale and service of, motorcycles, snowmobiles, trailers, livestock trailers, quads, and recreation vehicles. Restaurant means an establishment which is engaged in serving food and beverages which are consumed on its premises by customers seated at tables or counters either inside or outside of the building and as an accessory use thereto, may be engaged in providing customers with takeout service of food and beverages for off-site consumption. This includes a licensed lounge that is ancillary to a restaurant and may include entertainment which is ancillary to the preparation and service of food. Retail store means the use of a building or a portion thereof for the display and sale of merchandise to the public and includes the storage of merchandise on or about the premises in quantities sufficient only to supply the establishment. The total amount of retail store permitted within the entire Gold Medal Development is limited to 10,000 sq. ft. of gross floor space. More specifically, this definition allows for one larger retail space for a single user or several smaller retail spaces within a strip mall totaling a combined maximum 10, 000 sq. ft gross floor space. Signs – refer to Section 10.11.0 Sign Regulation

1/29/2014 LUB / Page 167

39.8.0 LOT LOCATIONS

1/29/2014 LUB / Page 168

SECTION 40.0.0 DIRECT CONTROL DISTRICT #22 (DC 22) 40.1.0 PURPOSE AND INTENT The purpose and intent of this District is to allow for a wide range of commercial uses consistent with the Priddis Meadows Area Structure Plan and Direct Control by Council over the development on the following lands (Priddis Meadows Direct Control Lots): Plan 0214370, Block 1, Lot 1 (5.65 acres more or less) To be subdivided into 4 Direct Control Lots pursuant to the Priddis Meadows Area Structure Plan. 40.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 40.2.1 PERMITTED USES Single Family Dwellings Accessory Buildings Signs not requiring a Development Permit 40.2.2 DISCRETIONARY USES Accessory Buildings and Uses Home Based Business Major and Minor Bed and Breakfast Convenience/Grocery Store Restaurants Appliance Service and Repair Business Offices Retail/Wholesale Outlets Veterinary Clinic Health Services Community Services Lot Grading Public/Quasi Public Public Works Signs requiring a Development Permit 40.3.0 REQUIREMENTS Standards of the development shall be at the discretion of Council. 40.4.0 MINIMUM REQUIREMENTS 40.4.1 Area of Lot:

1/29/2014 LUB / Page 169

a. One acre; or b. Area allowed for by bylaw amending this section

40.4.2 Front Yard Setback

a. 10m (32.80 ft.) from Priddis Ridge Road – Property line b. 15m (49.20 ft.) from Priddis Valley Road – Property line c. The distance to the ultimate extent of the right-of-way as determined

by Alberta Transportation. 40.4.3 Side Yard Setback

a. 1.5m (4.92 ft.) from Property line b. Or may be reduced to 0m (0ft.) at the discretion of Council.

40.5.0 MAXIMUM LIMITS 40.5.1 Number of Lots:

a. Four (as provided for in the Priddis Meadows Area Structure Plan) 40.5.2 Height of Buildings:

a. 10m (32.80 ft.) b. Or, if higher than 10m, at the discretion of Council

40.5.3 Coverage of lot:

a. 60% 40.6.0 PROCEDURE 40.6.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for development permit in respect of lands referred to in Section 40.1.0 shall be referred by the Development Officer to the Council for its approval or refusal.

40.6.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to lands referred to in Section 40.1.0. The council may approve a development permit application with or without conditions, or may refuse an application for development permit.

1/29/2014 LUB / Page 170

40.6.3 There is no appeal to the Development Appeal Board from a decision of the Council on an application for a development permit in respect of the lands referred to in Section 40.1.0.

1/29/2014 LUB / Page 171

SECTION 41.0.0 DIRECT CONTROL DISTRICT #23 41.1.0 PURPOSE AND INTENT The purpose and intent of the District is to allow for the

establishment and operation of a Church under the Direct Control of Municipal Council on the following lands:

N.W. 33-21-29-W4; W ½ LSD 13 Consisting of 16.17 acres, more or less 41.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 41.2.1 PERMITTED USES Nil 41.2.2 DISCRETIONARY USES Accessory Uses Church Community Services Day Care Dwelling – detached single family Park & Playground Soccer Academy & Playing Field Special Events 41.3.0 REQUIREMENTS Standards of development shall be at the discretion of the Council. 41.4.0 PROCEDURE 41.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 41.1.0 shall be referred by the Development Officer to the Council for its approval or refusal. 41.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 41.1.0. The Council may approve a development permit application without conditions, or may refuse an application for development permit.

41.4.3 There is no appeal to the Development Appeal Board from a

decision of the Council on an application for a development permit in respect of the lands referred to in Section 41.1.0

1/29/2014 LUB / Page 172

41.5.0 MINIMUM REQUIREMENTS

41.5.1 Front Yard Setbacks: a. 15m (49.21 ft.) from Internal Subdivision Road – Property Line b. 48m (157.48 ft.) from the centerline of the Municipal Road c. 64m (209.97 ft.) from the centerline of the Secondary Highway d. 40m (131.23 ft.) from the boundary of the right-of-way from a

Primary Highway 41.5.2 Side yard Setback: a. 15m (49.21 ft.) from Property Line 41.5.3 Rear Yard Setback:

a. 15m (49.21 ft.) from Property Line 41.6.0 MAXIMUM LIMITS 41.6.1 Height of Buildings a. no higher than 18.25m (59.86 ft.)

1/29/2014 LUB / Page 173

SECTION 42.0.0 DIRECT CONTROL DISTRICT #24 42.1.0 PURPOSE AND INTENT The purpose and intent of the District is to allow for the

Direct Control by the Council over development on the following lot: Lot 2, Block C, Plan 0113513 SE 05-21-29-W4M 42.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 42.2.1 PERMITTED USES Signs not requiring a Development Permit 42.2.2 DISCRETIONARY USES Accessory Uses Agricultural Processing and Distribution Auto Sales and Service Business Offices Convenience / Grocery Store Community Services Farm Equipment Sales and Services Public Works Public Quasi Public Installations and Facilities Retail Store Retail and Wholesale Outlets Service Shops (electrical, plumbing and mechanical) Service Station Signs requiring a Development Permit Storage 42.3.0 REQUIREMENTS Standards of development shall be at the discretion of the Council. 42.4.0 MINIMUM REQUIREMENTS 42.4.1 Area of Lot: a. Area shown on Certificate of Title; or b. Area allowed for by Bylaw amending this section 42.4.2 Front Yard Setbacks:

a. 4m (13.12 ft.) from Internal Subdivision Road – Property Line b. 38m (124.67 ft.) from the centerline of the Municipal Road c. 64m (209.97 ft.) from the centerline of the Secondary Highway d. 40m (131.23 ft.) from a Primary Highway

1/29/2014 LUB / Page 174

42.4.3 Side yard Setback: a. 1.5m (4.92 ft.) from Property Line 42.4.4 Rear Yard Setback:

a. 15m (49.21 ft.) from Property Line 42.5.0 MAXIMUM LIMITS 42.5.1 Number of Lots: a. at the discretion of Council 42.5.2 Height of Buildings: a. 12m (39.37 ft.) b. or, if higher than 12m, at the discretion of Council 42.5.3 Coverage of Lot: a. 60% 42.6.0 PROCEDURE 42.6.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 42.1.0 shall be referred by the Development Officer to the Council for its approval or refusal. 42.6.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 42.1.0. The Council may approve a development permit application without conditions, or may refuse an application for development permit.

42.6.3 There is no appeal to the Development Appeal Board from a

decision of the Council on an application for a development permit in respect of the lands referred to in Section 42.1.0

1/29/2014 LUB / Page 175

SECTION 43.0.0 DIRECT CONTROL DISTRICT #25 43.1.0 PURPOSE AND INTENT The purpose and intent of the District is to allow for the

Direct Control by the Council, in accordance with the Rocky Mountain Show Jumping Area Structure Plan (Bylaw 74/2011), over development on the following Equestrian Centre at Anderson Ranch:

NE 5-22-01-W5M PLAN 5555HS BLOCK C (59.91 Acres) NE 5-22-01-W5M PLAN 5555HS BLOCK B (25.03 Acres) SE 8-22-01-W5M (40.0 Acres) 43.2.0 LIST OF PERMITTED AND DISCRETIONARY USES 43.2.1 PERMITTED USES Nil 43.2.2 DISCRETIONARY USES Accessory Uses Country recreational Centers and Lodges Dwellings Indoor and Outdoor Show Jumping Tournaments Special Events (i.e. – weddings, clinics, annual events) Extensive Agricultural Uses Intensive Agricultural Uses 43.3.0 REQUIREMENTS 43.3.1 Standards of development shall be at the discretion of the Council. 43.3.2 Setbacks for existing structures to property lines shall be as

outlined in the Appendix Figure to the Rocky Mountain Show Jumping ASP and are considered as existing non-conforming.

43.4.0 PROCEDURE 43.4.1 Notwithstanding the procedure established for development permit

applications in Section 6.0.0, an application for a development permit in respect of the lands referred to in Section 43.1.0 shall be referred by the Development Officer to the Council for its approval or refusal. 43.4.2 Notwithstanding the procedure established for the issuance of

development permits in Section 7.0.0, the Council shall decide on all applications for development permits with respect to the lands referred to in Section 43.1.0. The Council may approve a

1/29/2014 LUB / Page 176

development permit application with or without conditions, or may refuse an application for development permit.

43.4.3 There is no appeal to the Development Appeal Board from a

decision of the Council on an application for a development permit in respect of the lands referred to in Section 43.1.0

1/29/2014 LUB / Page 177

SECTION 44.0.0 LAND USE MAPS Township 22, Range 05 Range 04 Range 03 Range 02 Range 01 Range 29 Range 28 Township 21, Range 04 Range 03 Range 02 Range 01 Range 29 Range 28 Range 27 Range 26 Township 20, Range 04 Range 03 Range 02 Range 01 Range 29 Range 28 Range 27 Range 26 Township 19, Range 04 Range 03 Range 02 Range 01 Range 29 Range 28 Range 27 Range 26 Township 18, Range 04 Range 03 Range 02 Range 01 Range 29 Range 28 Range 27