BIRCH HILLS COUNTY

____________________________________________________________________________

BIRCH HILLS COUNTY

LAND USE BYLAW NO. 02-08

OFFICE CONSOLIDATION

____________________________________________________________________________

2

BIRCH HILLS COUNTY

BYLAW NO. 02-08

Being a bylaw of Birch Hills County, in the Province of Alberta, for the purpose of adopting a

Land Use Bylaw.

WHEREAS Section 639 of the Municipal Government Act, RSA 2000, Chapter M-26.1 as

amended, requires every municipality to pass a land use bylaw; and

WHEREAS The Council of Birch Hills County deems it to be in the public interest to repeal the

Birch Hills County Land Use Bylaw 4-99, and all subsequent amendments thereto;

NOW THEREFORE The Council of Birch Hills County in the Province of Alberta, duly

assembled, hereby enacts as follows:

1) That the Birch Hills County Land Use Bylaw 4-99 and all subsequent amendments thereto is hereby rescinded.

2) That this bylaw may be cited as the Birch Hills County Land Use Bylaw. 3) That the Birch Hills County Land Use Bylaw, attached hereto, forms part of

the bylaw; 4) This bylaw shall come into effect upon the date of the final passing thereof.

Read a First time this 13th day of February, 2008.

Read a Second time this _____ day of __________, 2009.

Read a Third and Final time this _____ day of __________, 2009.

_________________________ _________________________

Chief Elected Official Chief Administrative Officer

3

TABLE OF CONTENTS

SECTION 1 GENERAL 5

1.1Title 5

1.2 Purpose 5

1.3 Application 5

1.4 Conformity with Bylaw 5

1.5 Additional Requirements 5

SECTION 2 DEFINITIONS 6-12

SECTION 3 DUTIES OF DEVELOPMENT AUTHORITIES 13

3.1 Establishment of Development Authority’s 13

3.2 Duties and Powers of Development Authority’s 13

3.3 Development Authority’s Discretion 13

SECTION 4 NEED FOR A DEVELOPMENT PERMIT 16

4.1 When Development Permits are Required 16

4.2 When Development Permits are not Required 16

4.3 Non-Conforming Buildings and Uses 16

SECTION 5 DEVELOPMENT PERMIT APPLICATIONS 18

5.1 Forms and Notices 18

5.2 Contents of a Development Permit Application 18

SECTION 6 PROCESSING A DEVELOPMENT PERMIT 19

6.1 Permit Referrals 19

6.2 Conditions of a Development Permit 19

6.3 Notification of Permit Approval or Refusal 19

6.4 Contravention 20

SECTION 7 APPEALING A DECISION 21

7.1 Method of Appeal 21

7.2 The Appeal Process 21

SECTION 8 AMENDING THE BYLAW 22

8.1 Contents of an Amendment Application 22

8.2 The Amendment Process 22

4

TABLE OF CONTENTS (Cont’d)

SECTION 9 GENERAL REGULATIONS 24

9.1 Accessory Buildings 24

9.2 Dwelling Units per Lot 24

9.3 Environmental Standards 24

Watino Flood Map 27

9.4 Exterior Lighting 28

9.5 Home Occupations 28

9.6 Landscaping and Screening 28

9.7 Manufactured Homes 28

9.8 Modular Buildings 29

9.9 Oilfield Facilities 29

9.10 Parking Requirements 30

9.11 Relocation of Buildings 30

9.12 Roadway Setbacks 30

9.13 Sign Regulations 31

SECTION 10 ESTABLISHMENT OF DISTRICTS 32

10.1 Land Use Districts 32

10.2 District Maps 32

SECTION 11 DISTRICT RULES 33

11.1 Agriculture (A) District 33

11.2 Agriculture Restricted (AR) District 34

11.3 Country Residential (CR) District 35

11.4 Highway Development (HD) District 35

11.5 Hamlet General (HG) District 36

11.6 Hamlet Watino (HW) District 38

11.7 Hamlet Commercial (HC) District 39

11.8 Hamlet Industrial (HI) District 40

11.9 Airport Vicinity (AV) District 41

11.10 Crown Land (CL) District 46

SECTION 12 ADOPTION AND REPEAL 47

12.1 Repeal of Existing Controls 47

12.2 Date of Commencement 47

SCHEDULES

SCHEDULE A LAND USE BYLAW FORMS 48

SCHEDULE B LAND USE BYLAW MAPS 56

5

SECTION 1 GENERAL

1.1 TITLE

This Bylaw may be cited as the “Birch Hills County Land Use Bylaw”.

1.2 PURPOSE

The purpose of this Bylaw is to manage the use and development of land and buildings within the

County to achieve the orderly, economical and beneficial development of land.

1.3 APPLICATION

The provisions of this Bylaw apply to all land and buildings within the boundaries of the County.

1.4 CONFORMITY WITH BYLAW

No person shall commence any development unless it is in accordance with the terms and

conditions of this Land Use Bylaw.

1.5 ADDITIONAL REQUIREMENTS

In addition to meeting the requirements of this Bylaw, it is the responsibility of the applicant to

obtain other such permits, approvals or licenses that may be required by the municipality or other

Provincial Government departments and agencies.

6

SECTION 2 DEFINITIONS

In this Bylaw:

“ACCESSORY BUILDING OR USE” means a building or use, including a farm building, which in the

opinion of the Development Authority, is subordinate to, exclusively devoted to, and located on the same

site as the principle building or use.

“ACT” means the Municipal Government Act, RSA 2000 as amended.

“ADJACENT” means land that is contiguous to another parcel of land, or would be contiguous if not for

a river, stream, railway, road or utility right of way or reserve land.

“AGRICULTURAL INDUSTRY” means an industrial use related to agriculture involving the storage

or processing of farm products and without restricting the generality of the above may include a grain

elevator, seed cleaning plant, abattoir, pelletizing plant, bulk storage tank or area, auction market,

livestock holding station, anhydrous ammonia, bulk fertilizer or a use similar to those listed.

“AGRICULTURE (EXTENSIVE)” means the raising or production of any cultivated crops, livestock

or dairy products which utilizes relatively large areas of land and in which the use of buildings and

confinement areas is auxiliary to the use of the land itself.

“AGRICULTURE (INTENSIVE CULTIVATION)” means the raising or production of any cultivated

crops which relies generally on the confinement of plants, and includes such uses as market gardens,

nurseries, tree farms, berry farms and greenhouses.

“AMUSEMENT FACILITY” means any facility where four or more of any combinations of

mechanical games, electronic games, and/or pool tables are kept for the purpose of furnishing

entertainment to the public for a fee.

“APARTMENT BUILDING” means a residential building containing three or more dwelling units,

each with an entrance either directly from the outside or to a common vestibule.

“APIARY” means all permanent structures relating to the raising and keeping of bees for commercial

purposes.

“APPEAL BOARD” means the Subdivision and Development Appeal Board.

“AUTO BODY AND PAINT SHOP” means an establishment for the repair and/or painting of motor

vehicle bodies but does not include facilities for the sale of fuels, lubricants, or automotive accessories, or

for mechanical or electrical repairs.

“BASEMENT” means that portion of a building between two floor levels which is partially underground

but which has two feet of its height from finished floor to finished ceiling above the adjacent finished

grade.

“BED AND BREAKFAST ESTABLISHMENT” means an establishment that provides breakfast

together with the rental of up to 3 bedrooms and the bath facilities of a private single detached dwelling

that is permanently occupied by the owner of the establishment.

“BUILDING” includes anything constructed or placed on, in, over or under land but does not include a

highway or public roadway or a bridge forming part of a highway or public roadway.

7

“BUILDING SUPPLY SALES” means a building or structure in which building or construction and

home improvement materials are offered or kept for sale at retail and may include the fabrication of

certain materials related to home improvement.

“BUILDING HEIGHT” means the vertical distance of a building measured from the average grade

adjacent to the building to the highest point of the roof.

“BUS DEPOT” means a building and associated facilities used by bus operators for the loading and

unloading of persons and goods and may be used to store buses and related equipment.

“CABIN” means a small, roughly built house or cottage, used on a seasonal basis. It has a floor area no

less than 74.3 m2 (800 ft.

2) and has a direct connection to a source of potable water, electricity and sewage

disposal.

“CAMPGROUND” means a recreational development for the purpose of providing short-term or

occasional accommodation for recreational vehicles or tents. A campground is not construed to mean a

development for the purpose of accommodating long term, i.e. longer than fourteen (14) consecutive days

of permanent occupancy.

“CAR AND TRUCK WASH FACILTY” means the provision of facilities, including a central water

supply for washing vehicles.

“CHILD CARE FACILITY” means a facility licensed by the Province to provide daytime personal

care, supervision and education, but does not include overnight accommodations. Typical users include

day care centers, play schools, schools, nursery schools, and other similar uses.

“CONFINED FEEDING OPERATION” means a confined feeding operation as defined in the

Agricultural Operation Practices Act or its successor legislation.

“COUNCIL” means the Municipal Council of Birch Hills County.

“COUNTRY STORE” means a building located outside a hamlet where merchandise and foodstuffs are

offered for retail sale.

“DEVELOPMENT” means any development as defined in the Act.

“DEVELOPMENT AUTHORITY” means the Development Officer or Municipal Planning

Commission as the case may be.

“DEVELOPMENT OFFICER” means the person appointed by a resolution of Council to the office

established by Section 3.1 of this Bylaw.

“DEVELOPMENT PERMIT” means a document authorizing a development issued pursuant to this

Bylaw.

“DISCRETIONARY USE” means the use of land or a building which is listed in the column captioned

"Discretionary Uses" in a table of uses for certain districts in this Bylaw, and for which a development

permit may be issued subject to the provisions of this Bylaw.

“DRINKING ESTABLISHMENT” means a facility licensed by the Alberta Liquor Control Board

where alcoholic beverages are served for consumption on the premises and any preparation of serving

food is accessory thereto.

8

“DUPLEX DWELLING” means a residential building used or intended to be used for two dwelling

units, located one above the other.

“DWELLING UNIT” means one or more rooms used as or designed to be used as a residence and

containing sleeping, cooking and sanitary facilities and with an independent entrance either directly from

outside a building or from a common hallway inside a building.

“FAMILY CARE DWELLING” means a dwelling used to accommodate persons who are parents,

brothers, sisters, sons or daughters of the residents of another dwelling on the same parcel, and who

provide personal care to or require personal care from those residents, provided that such personal care is

necessary due to elderly age, physical disability, mental handicap, or financial hardship.

“FARM BUILDING” means any building used in connection with the raising or production of crops,

livestock or poultry and situated on land used in connection with such farming operations.

“FLOOR AREA” means the total floor area of every room and passageway contained in a building but

not including the floor area of basements, attached garages, sheds, open porches or breezeways.

“GOLF COURSE” means the playing area and accessory buildings related to the playing of the game of

golf and without restricting the generality of the foregoing include pro shop, clubhouse, restaurant, and

driving range.

“HAMLET” means any settlement declared to be a hamlet by an order of the Minister of Municipal

Affairs, or designated as a hamlet by Council pursuant to the Act.

“HOME OCCUPATION (MAJOR)” means the use of a building and/or site which is incidental to the

principal residential use of the building and/or site. For the purposes of clarification this includes such

uses as the storage of equipment, trucks and related vehicles, trucking operations, construction equipment

storage, and other similar uses.

“HOME OCCUPATION (MINOR)” means the use of a residential building to conduct a business or

commercial enterprise. The business portion shall be incidental or subordinate to the primary residential

function and shall be limited to the confines of the residence.

“HOTEL” means a building providing accommodation for the public containing guest rooms served by a

common entrance as well as general kitchen and dining or other public rooms.

“INSITITUTIONAL” means a government related land use such as a school, town hall, hospital, police

station, correctional centre or community hall.

“KENNEL” means a premise which is used for the commercial breeding, raising, or boarding of cats or

dogs.

“LANDFILL (INDUSTRIAL)” means a site used for the disposal of non-domestic or industrial solid

wastes which may not be disposed of at a sanitary landfill and is not intended for use of the public at

large. For the purpose of this Bylaw this includes contaminated soil remediation (land farm) operations.

“LANDFILL (SANITARY)” means a site used for the disposal of domestic solid wastes which can be

utilized by the public at large.

“LANDSCAPING” means the enhancement of a site through the use of any or all of the following

elements:

9

a) “soft. landscaping” consisting of vegetation such as trees, shrubs, hedges, grass and

ground cover,

b) “hard landscaping” consisting of non-vegetative materials such as brick, stone, concrete,

tile, and wood, excluding monolithic concrete and asphalt.

“LIVESTOCK” means cattle, horses, sheep, goats and swine and includes domestic fowl, rabbits,

mules, donkeys, buffalo and other domesticated animals.

“LIVESTOCK SALES YARD” means any enclosed area of land, with or without accessory buildings

or structures, upon which livestock is collected for sale or for market distribution.

“LOT” means (a) a quarter section, (b) a river lot or settlement lot shown on an official plan, as defined

in the Surveys Act, that is file or lodged in a land titles office, (c) a part of a parcel of land described in a

certificate of title if the boundaries of the part are described in a certificate of title by reference to a plan

of subdivision, or described in the certificate of title other than by reference to a legal subdivision.

“LOT AREA" means the area contained within the boundaries of a lot shown on a plan of subdivision

or described in a Certificate of Title.

“LOT, CORNER” means a lot having a frontage on two or more streets at their intersection or junction.

“LOT LINE” means a legally defined limit of any lot.

“LOT LINE, FRONT” means the boundary dividing the lot from an abutting public roadway. In the

case of a corner lot the shorter lot line shall be the front lot line.

“LOT LINE, REAR” means the lot line of a lot that is directly opposite to the front line.

“LOT LINE, SIDE” means any lot line other than the front or rear lot line.

“LOT WIDTH” means the distance between the side lot lines at a point midway between the front and

rear of the lot and approximately parallel to the street line.

“MANUFACTURED HOME” means a transportable detached dwelling unit suitable for long term

occupancy, designed to be transported and upon arriving at the site for location is, apart from incidental

operations such as placement of foundation supports, and connection of utilities. For the purpose of this

Bylaw, this includes both single-section and multiple-section units.

“MODULAR BUILDING” means finished section(s) of a completed building built in a factory for

transport to the site for installation. For the purpose of this Bylaw, modular construction includes single

or multiple dwellings, including single, semi-detached, row dwellings, townhomes, duplexes, and

apartments, but not a mobile home. Modular can also include commercial, industrial and institutional

buildings.

“MODULAR DWELLING” means finished section(s) of a complete dwelling built in a factory for

transport to the site for installation. For the purpose of this Bylaw, modular construction includes single

or multiple dwellings, which include single-detached, semi-detached, duplexes, row housing, and

apartments, but not a mobile home.

“MOTEL” means a building or group of buildings designed for the accommodation of the travelling

public, containing guest rooms, each of which has a separate entrance directly from outside the building.

10

“MOTOR VEHICLE DEALERSHIP” means premises for the display and sale of motor vehicles

including automobiles, farm equipment, heavy equipment designed for specialized purposes, and purpose

built recreational vehicles.

“MUNICIPALITY” means Birch Hills County.

“NATURAL RESOURCE EXTRACTION INDUSTRY” means an enterprise engaged in the

extraction of natural resources such as timber, clay, sand, gravel, coal, limestone, and other similar

minerals including petroleum and natural gas and which may include bringing these together with other

elements such as power or water into integrated processes for the purpose of primary treatment into a

marketable form.

“OFFICE” means a facility providing for the administration of business or government, or the provision

of professional services.

“PARK OR PLAYGROUND” means an area of land used for recreation purposes, usually including

facilities such as picnic benches, slides, swings and other playground type equipment and built in

accordance with the Alberta safety Codes Act.

“PERMANENT FOUNDATION” means a structure constructed or erected with a fixed location on the

ground, or attached to something having a fixed location on the ground, with a foundational system or

arrangement composed of, but not limited to, footing, raft, or pile and may include walls, light standards,

fences, and signs, and render the structure fixed and immovable but, does not include grain bins.

“PERMITTED USE” means the use of land or of a building which is listed in the column captioned

"Permitted Uses" in a table of uses for most districts in this Bylaw, and for which a development permit

shall be issued subject to the provisions of this Bylaw.

“PERSONAL SERVICES ESTABLISHMENT” means a development used for the provision of

services to an individual which are related to the care and appearance of the body, or the cleaning and

repair of personal effects. For purpose of clarification this includes barber shops, hairdressers, beauty

salons, tailors, dressmakers, shoe repair shops, dry cleaners and similar uses.

“PLACE OF WORSHIP” means a development including any meeting halls used for spiritual worship

and related religious activities. It may include a minister’s residence, manse, parsonage or rectory;

provided it is accessory to the principal use. It also means church or religious assembly.

“PRIMARY HIGHWAY” means a highway defined as a primary highway under the Public Highways

Development Act, and includes a Secondary Highway numbered between 900 and 999.

“PRINCIPAL BUILDING OR USE” means the main purpose for which, in the opinion of the

Development Authority, a building or site is ordinarily used.

“PUBLIC USE” means a building, structure, or site used for public administration and services by a

municipality, by any board or agency of a municipality, by any department, commission or agency of the

Government of Alberta or Canada, or by a community organization and may include a community hall,

church, school, park, cemetery, or similar use.

“PUBLIC UTILITY” means a public utility as defined in the Act.

“RECREATION (EXTENSIVE)” means a recreation development located in a rural area to take

advantage of natural physical features including the availability of large areas of land to provide for the

11

non-facility oriented recreational activities such as hunting, trail riding, snowmobiling, hiking and similar

activity.

“RECREATION RESORT” means a commercial development which offers a combination of fixed

roof guest accommodation and recreational opportunities. The resort may be located to benefit from

specific natural or built amenities and generally includes dining and beverage facilities, concessions, pro

shops and picnic areas.

“RECREATIONAL VEHICLE” means a unit designed to be transported on its own wheels or by other

means (including units mounted permanently or otherwise on trucks), designed or constructed or

reconstructed or added to by means of accessories in such a manner as will permit its use for sleeping or

living purposes for one or more persons and is used on a generally short term basis.

“RECREATIONAL VEHICLE PARK” means any parcel of land on which three or more recreational

vehicles are harbored, without regard to whether a fee or charge is paid or made and shall include any

building, structure, tent, vehicle or enclosure used or intended for use as part of the equipment of such

recreational vehicle park in compliance with relevant Government Regulations.

“REGULATION” means the Subdivision and Development Regulation.

“RESTAURANT” means the use of a building as a public eating place and may include a licensed

dining lounge and other associated facilities.

“RETAIL OUTLET” means the use of a building or a portion of a building for the sale or display of

merchandise to the public and includes the storage of merchandise on the premises in quantities sufficient

only to supply the establishment, but does not include a grocery store or retail food store.

“ROAD” means land shown as a road on a plan of survey that has been filed or registered in a land titles

office, or used as a public road, and includes a bridge forming part of a public road and any structure

incidental to a public road, but does not include a primary highway.

“ROW DWELLING” means one of three or more dwelling units constructed in a row and divided

vertically, and each of which has a separate front and rear entrance.

“SECONDARY HIGHWAY” means a public highway designated as such under the Public Highway

Development Act.

“SECRETARY” means the Secretary to the Subdivision and Development Appeal Board.

“SEMI-DETACHED DWELLING” means two attached dwelling units that share a common wall.

“SENIOR CITIZEN HOME” means an assisted and independent style residential development in the

form of self-contained units, a lodge or nursing home that provides housing for senior citizens.

“SERVICE STATION” means a facility for the service and repair of motor vehicles and for the retail

sale of gasoline, lubricants, automotive accessories and associated petroleum products.

“SIGN” means anything used to advertise, identify or indicate the existence of something, or to give

direction.

“SINGLE DETACHED DWELLING” means a stick-built or modular (factory constructed) residential

building containing only one dwelling unit, but does not include a manufactured home.

12

“SOUR GAS FACILITY” means any facility which produces, processes, or transports sour gas

including a pipeline, battery or gas processing plant.

“STORAGE YARD” means an enclosed site utilized for the storage of any goods deemed not to be

noxious, odorous, or detrimental to the appearance of the surrounding area by the Development

Authority.

“UNSUBDIVIDED QUARTER SECTION” means a quarter section, lake lot, river lot or settlement lot

that has not been subdivided except for public or quasi-public uses, or a parcel of land that has been

created pursuant to section 86(2)(d) of the Planning Act RSA 1980 on or before July 6, 1988, or pursuant

to section 29.1 of the Subdivision Regulation (Alta. Reg. 132/78), from a quarter section lake lot, river lot

or settlement lot that constitutes more than 1/2 of the area that was constituted by that quarter section,

lake lot, river lot or settlement lot.

“VETERINARY CLINIC” means the use of a building for the medical care and treatment of animals.

“WAREHOUSE” means a building for the indoor storage of equipment, goods, motor vehicles,

recreation vehicles, materials or products.

“YARD, FRONT” means that portion of land extending across the full width of a lot, and situated

between the front lot line and nearest exterior wall of the principal building.

“YARD, REAR” means that portion of land extending across the full width of a lot from the rear

property line to the closest wall of the principal building.

“YARD, SIDE” means a yard extending from the front yard to the rear yard and situated between the

side lot line and the nearest exterior wall of the principal building.

13

SECTION 3 DUTIES OF DEVELOPMENT AUTHORITIES

3.1 ESTABLISHMENT OF DEVELOPMENT AUTHORITIES

3.1.1 The office of the Development Officer is hereby established and is authorized to act as a

“Development Authority”.

3.1.2 The Municipal Planning Commission, as established by separate Bylaw, is hereby authorized to

act as a “Development Authority”.

3.2 DUTIES AND POWERS OF DEVELOPMENT AUTHORITIES

3.2.1 The Development Officer shall:

a) keep and maintain for inspection of the public during office hours, a copy of this Bylaw and all

amendments thereto; and

b) keep a register of all applications for development, including the decisions therein and the

reasons therefore, for a minimum period of seven years.

3.2.2 The Development Officer shall:

a) receive, consider and decide on development permit applications for those uses listed as

“Permitted Uses”;

b) refer development permit applications to the Municipal Planning Commission for those

uses

(i) listed as “Discretionary Uses”,

(ii) not listed as “Discretionary Uses” or “Permitted Uses”, and

(iii) which the Development Officer wishes to refer to the Municipal Planning

Commission.

3.2.3 a) The Development Authority shall consider and decide on development permit applications

within forty (40) days of the receipt of the application in its complete and final form. If a decision

is not made within forty (40) days of receipt of the application shall, at the option of the applicant,

be deemed refused.

b) If a decision is not made within the forty (40) days specified in subsection (a), the applicant

may enter into an agreement with the Development Authority to extend the forty (40) day period

using the prescribed form, contained in Schedule A.

3.3 DEVELOPMENT AUTHORITY’S DISCRETION

3.3.1 A development permit application for a use which is not listed as a “Permitted Use” or a

“Discretionary Use” in the subject District shall be refused.

3.3.2 In making a decision on an application for a “Permitted Use”, the Development Authority shall:

a) approve with or without conditions, an application for a development permit

where the proposed development conforms with this Bylaw; or

14

b) refuse an application for a development permit if the proposed development does

not conform to the Bylaw.

3.3.3 In making a decision on an application for a “Discretionary Use”, the Development Authority:

a) may approve, either permanently or for a limited period of time, a development

permit application which meets the requirements of this Bylaw, with or without

conditions;

b) may refuse a development permit application even though it meets the

requirements of this Bylaw;

c) shall refuse a development permit application if the proposed development does

not conform with this Bylaw.

3.3.4 In reviewing a development permit application for a Discretionary Use, the Development

Authority shall have regard for:

a) the purpose and intent of the Act, as well as any statutory plans adopted by the

municipality;

b) the circumstances and merits of the application, which may include such items

as:

(i) impact of such nuisance factors as smoke, airborne emissions, odors and

noise on nearby properties;

(ii) the design, character and appearance of the development shall be

compatible with and complementary to the surrounding area; and

(iii) the servicing requirements for the proposed development.

3.3.5 Notwithstanding Sections 3.3.2(b) and 3.3.3(c), the Development Authority may approve an

application for a Development Permit notwithstanding that the proposed development does not

comply with this Bylaw if, in the opinion of the Development Authority:

a) the proposed development would not

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

(ii) materially interfere with or affect the use, enjoyment or value of

neighbouring properties; and

b) the proposed development conforms with the use prescribed for the land or

building in this Bylaw.

3.3.6 A variance will not be allowed if the granting of the variance results in a development which does

not meet the requirements of the Subdivision and Development Regulation.

3.3.7 In the event that a variance is granted pursuant to Section 3.3.5, the Development Authority shall

indicate in its minutes the type and extent of any variance granted to any development permit

approval.

15

3.3.8 Notwithstanding Sections 3.2.2(b) and 3.3.1, if a proposed use of land or a building is not listed

as a “Permitted Use” or “Discretionary Use” in the Bylaw, the Municipal Planning Commission

may determine that such a use is similar in character and purpose to a use listed under that land

use district and may issue a development permit.

16

SECTION 4 NEED FOR A DEVELOPMENT PERMIT

4.1 WHEN DEVELOPMENT PERMITS ARE REQUIRED

Except as provided in Section 4.2, no person shall undertake any development unless:

a) a development permit has first been issued pursuant to this Bylaw; and

b) it is in accordance with the terms and conditions of a development permit issued

pursuant to this Bylaw.

4.2 WHEN DEVELOPMENT PERMITS ARE NOT REQUIRED

A development permit is not required for the following developments provided they comply with

the requirements of Section 9 of this Bylaw:

a) the agricultural use of a lot which is assessed as farmland and used for extensive

agricultural operations including accessory buildings;

b) works of maintenance or repair to any building provided that such works do not

include structural alterations or major works of renovation;

c) the completion of a building which is lawfully under construction at the date this

Bylaw comes into full force and effect provided that the building is completed in

accordance with the terms of any permit granted in respect of it, subject to the

conditions of that permit;

d) the construction and maintenance of gates, fences, walls or other means of

enclosure less than 1.8 m (6 ft..) in height;

e) one temporary on-site sign which does not exceed 3 m2 (32 ft.

2) in area nor 2.1m

(7 ft..) in height and is intended for

(i) advertising the sale or lease of a dwelling unit or property,

(ii) identifying a construction or demolition project for which a development

permit has been issued for such a project,

(iii) identifying a political or charitable campaign;

f) one permanent on-site sign which is intended for use as

(i) a commemorative plaque of a non-advertising nature,

(ii) the identification of a farm residence, or

(iii) the advertising of farm products or a home occupation;

g) minor home occupations.

4.3 NON-CONFORMING BUILDINGS AND USES

Developments which are considered as a non-conforming building or use shall be dealt with as provided

for under the Act. For convenience, the following extracts are provided:

a) A non-conforming use of land or a non-conforming use of a building may be

continued but if that use is discontinued for a period of six (6) consecutive

17

months or more, any future use of the land or building shall conform with the

provisions of this Bylaw;

b) A non-conforming use of part of a building may be extended throughout the

building but the building, whether or not it is a non-conforming building, may

not be enlarged or added to and no structural alterations shall be made to it or in

it;

c) A non-conforming use of part of a parcel shall not be extended or transferred in

whole or in part to any other part of the parcel and no additional buildings may

be constructed on the lot while the non-conforming use continues;

d) 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, or

(ii) for routine maintenance of the building, if the Development Authority

considers necessary;

e) If a non-conforming building is damaged or destroyed to the extent of more than

75 percent of the value of the building above its foundation, the building may not

be repaired or rebuilt except in accordance with this Bylaw;

f) The use of land or the use of a building is not affected by a change of ownership

or tenancy of the land or building.

18

SECTION 5 DEVELOPMENT PERMIT APPLICATIONS

5.1 FORMS AND NOTICES

For the purpose of administering the provisions of this Bylaw, such forms or notices contained in

Schedule “A” are deemed to have the full force and effect of this Bylaw in execution of the purpose for

which they were designed, authorized and issued. Council, by resolution, may authorize the preparation

and use of such forms and notices as in its discretion it may deem necessary.

5.2 CONTENTS OF A DEVELOPMENT PERMIT APPLICATION

5.2.1 A development permit application shall be made to the Development Officer in writing on the

prescribed form, and shall be signed by the applicant or his agent. The Development Officer shall

require the following information as deemed necessary with the application:

a) a site plan with dimensions showing the legal description, front, rear, and side yards, if

any, and any provision for off-street loading and vehicle parking and access and egress to

the site;

b) a floor plan and elevations;

c) a statement of uses;

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

e) the estimated commencement and completion dates;

f) the estimated cost of the project or contract price;

g) the extent of existing treed areas shall be indicated on the site plan accompanying the

application for development together with an indication of the trees proposed to be

removed in the course of development;

h) utilities, site drainage, grade elevations, existing and finished lot grades, the grades of the

streets and the location of proposed sewer and water lines;

i) All development must be provided with sanitary facilities pursuant to the Plumbing and

Drainage Regulations and the Provincial Board of Health Regulations.

j) A temporary building or structure is only permitted on a site during the construction

phase of permanent buildings or structures.

k) A temporary building or structure requires a development permit to a maximum time

period of two years. The temporary building or structure is to be removed from a property

within one month after an occupancy permit has been granted for the site.

l) any additional information that may be required to evaluate the application, including but

not limited to: water testing, soil testing, geo-technical reports, site topography and

drainage patterns and survey information including elevations.

5.2.2 Each development permit application shall be accompanied by a non-refundable processing fee,

the amount of which shall be established by resolution of Council from time to time.

5.2.3 When, in the opinion of the Development Officer, sufficient details have not been included with a

development permit application, it may be returned to the applicant for further details. The

application so returned shall be deemed not to have been in its complete and final form until all

required details have been submitted.

19

SECTION 6 PROCESSING A DEVELOPMENT PERMIT

6.1 PERMIT REFERRALS

The Development Authority may refer a development permit application to any agency in order

to receive comment and advice.

6.2 CONDITIONS OF A DEVELOPMENT PERMIT

6.2.1 The Development Authority may require that as a condition of issuing a development permit, the

applicant enter into an agreement with the County to do any or all of the following:

a) to construct or pay for the construction of a road required to give access to the

development;

b) to construct or pay for the construction of a pedestrian walkway system to serve

the development, or pedestrian walkways to connect the pedestrian walkway

system serving the development with a pedestrian walkway system that serves or

is proposed to serve an adjacent development;

c) to install or pay for the installation of public utilities, other than

telecommunications systems or works, that are necessary to serve the

development;

d) to construct or pay for the construction of off-street or other parking facilities,

and loading and unloading facilities;

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

6.2.2 Prior to imposing conditions upon the issuance of a development permit, the Development

Authority may consult with the Council in specifying the terms and content of the agreement in

the conditions of the development permit.

6.2.3 The County may register a caveat pursuant to the provisions of the Act and the Land Titles Act in

respect of an agreement under this Section against the Certificate of Title for the land that is the

subject of the development. Said caveat shall be discharged when the agreement has been

complied with.

6.2.4 A development permit comes into effect fourteen (14) days aft.er its issuance. Where an appeal

has been lodged with the Appeal Board, no development shall be commenced pursuant to the

development permit until all appeals are finally determined and the issuance of the development

permit has been upheld.

6.2.5 All development is to be commenced within one year of receiving a development permit and

completed within two years of receiving a development permit.

6.2.6 When an application for a development permit has been refused pursuant to this Bylaw or

ultimately aft.er appeal, the submission of another application for a development permit on the

same parcel of land for the same or similar use of the land may not be accepted by the

Development Officer until six (6) months aft.er the date of the refusal.

6.2.7 When an appeal is been made in respect to a development permit that has been approved, the

permit which has been issued shall not come into effect until the appeal has been determined, at

which time the permit may be modified or nullified thereby.

6.3 NOTIFICATION OF PERMIT APPROVAL OR REFUSAL

20

6.3.1 When an application for a development permit is approved, the Development Officer shall:

a) publish a notice in a local newspaper indicating the location and setting out the

applicant’s name, legal description of the property for which the application has

been made, the nature of the approval, and the decision of the Development

Authority;

b) mail a notice of decision to the applicant or his agent; and

c) in the case of an approval for a Discretionary Use, mail a notice of decision to the

registered owners of all adjacent lands.

6.3.2 When an application for a development permit is refused, the Development Officer shall mail a

notice of decision to the applicant or his agent stating the reasons for refusal.

6.3.3 For the purposes of this Bylaw, notice of the decision of the Development Authority is deemed to

have been given on the day when the notice of decision has been published in a newspaper or

three (3) days aft.er the notice of decision has been stamped and mailed to the applicant and

adjacent landowners.

6.3.4 When a development permit application for a single detached dwelling or a manufactured home is

approved in the Agriculture (A) or Agriculture Restricted (AR) District, the Development Officer

shall include in the written notice an advisory that the approved residence is located adjacent to

an agricultural operation. In addition, the Municipality shall provide printed notice respecting the

presence of agricultural operations to all landowners in accordance with Council policy.

6.4 CONTRAVENTION

6.4.1 Where the Development Authority finds that a development or use of land is not in accordance

with the Act, this Bylaw, or a development permit issued hereunder, the Development Authority

may, by notice in writing, order the registered owner, the person in possession of the land or

buildings, the person responsible for the contravention, or all or any of them to:

a) stop the development or use of the land or buildings in whole or in part as

directed by the notice;

b) demolish, remove or replace the development; or

c) carry out any other actions required by the notice so that the development or use

of the land or building complies with the Act, a development permit, subdivision

approval or this Bylaw as the case may be, within the time specified by the

notice.

6.4.2 If a person fails or refuses to comply with an order directed to him under Section 6.4.1 or an order

of the Appeal Board under the Act, Council or a person appointed by it may, in accordance with

the Act, enter upon the land or building and take such action as is necessary to carry out the order.

6.4.3 When Council or a person appointed by it carries out an order, Council shall cause the costs and

expenses incurred in carrying out the order to be placed on the tax roll as an additional tax against

the property concerned and that amount shall be collected in the same manner as taxes on land.

6.4.4 For the purpose of entering and inspecting land or buildings as described in the Act, the

Development Officer is hereby declared to be a “designated officer”.

21

SECTION 7 APPEALING A DECISION

7.1 METHOD OF APPEAL

7.1.1 The Appeal Board shall perform such duties and follow such procedures as specified in the Act

and the Subdivision and Development Appeal Board Bylaw.

7.1.2 A decision on a development permit application may be appealed by serving a written notice of

appeal on the Secretary within 14 days from the date the decision on the permit has been

advertised in a local newspaper.

7.2 THE APPEAL PROCESS

7.2.1 When a notice has been served on the Secretary with respect to a decision to approve an

application for a development permit, the development permit shall not be effective before:

a) the decision on the development permit has been sustained by the Appeal Board,

or

b) the Secretary to the Development Appeal Board has received written notification

from the appellant that the appeal has been abandoned.

7.2.2 If the decision to approve a development permit application is reversed by the Appeal Board, the

development permit shall be null and void.

7.2.3 If the decision to refuse a development permit application is reversed by the Appeal Board, the

Board shall forthwith direct the Development Officer to issue a development permit in

accordance with the decision of the Board.

7.2.4 If the decision to approve a development permit application is varied by the Appeal Board, the

Board shall direct the Development Officer to forthwith issue a development permit in

accordance with the terms of the decision of the Board.

22

SECTION 8 AMENDING THIS BYLAW

8.1 CONTENTS OF AN AMENDMENT APPLICATION

8.1.1 All applications for amendment to this Land Use Bylaw shall be made to the Development

Officer in writing on the prescribed form, and shall be accompanied by the following:

a) If the amendment involves the redesignation of land to a different land use

district

(i) a copy of the certificate of title for the lands affected, or any other

document satisfactory to the Development Officer verifying that the

applicant has a legal interest in the land,

(ii) where the applicant is an agent acting for the owner, a letter from the

owner must be provided verifying the agent’s authority to make the

application,

(iii) properly dimensioned vicinity maps of appropriate scale indicating the

site to be amended, its relationship to existing land uses within a 90

meters (285 ft..) radius of the boundaries of the site;

b) a statement of the reasons for the request to amend the Bylaw; and

c) such additional information as the Development Officer may require.

8.1.2 Each amendment application shall be accompanied by a non-refundable processing fee, the

amount of which shall be established by resolution of Council from time to time.

8.1.3 The Development Officer may refuse to process an application to amend the Bylaw if the

Information required has not been supplied or if, in his opinion, it is of inadequate quality to

properly evaluate the application.

8.1.4 Council, on its own initiative, may proceed to undertake an amendment to this Bylaw by

directing the Development Officer to initiate an application.

8.2 THE AMENDMENT PROCESS

8.2.1 Upon receipt of a complete application, it shall be referred to:

a) the County administration for the drafting of a proposed Land Use Bylaw amendment;

b) the Council for introduction and to establish a Public Hearing date; and

c) the Municipal Planning Commission for consideration and recommendation to be made

at the Public Hearing.

8.2.2 The application may be referred to any agency as deemed necessary for comment and advice.

8.2.3 A notice of the application shall be published in two (2) issues of the local newspaper. The notice

shall contain:

a) the legal description of the land;

b) the purpose of the proposed amending Bylaw;

c) the one or more places where a copy of the proposed amending Bylaw may be

inspected by the public;

d) the one or more dates, places and time that the Council will hold a public hearing

on the proposed amending Bylaw;

e) an outline of the procedures to be followed by anyone wishing to be heard at the

public hearing; and

f) an outline of the procedures by which the public hearing will be conducted.

23

8.2.4 Council, after considering

a) any representations made at the public hearing; and

b) any municipal development plan, area structure plan or area redevelopment plan

affecting the application and the provisions of this Bylaw may

(i) make such changes as it considers necessary to the proposed amendment,

if any, and proceed to pass the proposed amendment, or

(ii) defeat the proposed amendment.

8.2.5 Where an application for an amendment has been refused by Council, the Development Officer

shall refuse to accept another application on the same land for the same or similar purpose until

six (6) months have passed from the date of such refusal.

24

SECTION 9 GENERAL REGULATIONS

9.1 ACCESSORY BUILDINGS

9.1.1 For the sole purpose of calculating yard setbacks and site coverage requirements as provided in

the Bylaw, when an accessory building is attached to the principal building, it is to be considered

a part of the principal building and not as an accessory building.

9.1.2 Any accessory building or use erected on a site in any District shall not be used as a dwelling.

9.1.3 In a Hamlet district, no accessory building or use shall be located in the front yard or exterior side

yard of any principal building.

9.1.4 Notwithstanding any other provision of this Bylaw, an accessory building may be constructed to

the property line in a hamlet provided that it shares a common wall with an accessory building on

the adjacent lot or if a fire rated wall meeting the requirements of the Alberta Building Code is

provided.

9.1.5 An accessory building or use shall be no closer to any lot line than 1.2 m (4 ft.) with the exception

of Section 9.1.4 of Land Use Bylaw No. 02-08, as amended from time to time.

9.2 DWELLING UNITS PER LOT

9.2.1 No person in the County shall construct or cause to be constructed more than one dwelling unit

per lot.

9.2.2 Section 9.2.1 does not apply to:

a) duplexes;

b) apartment buildings;

c) a second or additional dwelling on an agricultural lot over 32.4 ha (80 ac) in size;

d) a second dwelling on an agricultural lot under 32.4 ha (80 ac) in size if required

to accommodate farm labour or to serve as a family care dwelling.

9.2.3 For the purpose of this section, “dwelling unit” refers to both single detached dwellings and

manufactured homes.

9.3 ENVIRONMENTAL STANDARDS

9.3.1 Where a parcel of land abuts or contains a coulee, ravine, valley or drainage ditch, with or

without a permanent watercourse, the following setbacks from the upper break of the coulee,

ravine, valley or drainage ditch shall apply:

a) Less than 7.6 m (25 ft.): At the discretion of the Development Authority, but

no less than the setback requirements for the

applicable Land Use District.

b) Greater than 7.6 m (25 ft.) 23 m (75 ft.).

and less than 15.2 m (50 ft.):

c) Greater than 15.2 m (50 ft.) 46 m (150 ft.).

and less than 30.5 m (100 ft.):

25

d) Greater than 30.5 m (100 ft.): 61 m (200 ft.).

9.3.2 The Development Authority may vary the above setbacks having regard for recommendations

from Alberta Environmental Protection, or if supported by engineering studies.

9.3.3 Development within the Flood Fringe area must comply with provincial rules and regulations. All

development permits must have prior approval of the Province of Alberta.

9.3.4 The setback for all development located adjacent to lakes which are in excess of 8.1 ha (20 ac) in

size shall be a minimum of 30.5 meters (100 ft.) above the 1:100 flood elevation

9.3.5 Notwithstanding that a proposed development conforms in all respects with this Bylaw, where the

application is for development on lands located within the area identified as ‘Tentative Flood

Plain Area’ in Figure 1, the Development Authority shall not issue a development permit for any

permanent development unless the applicant can demonstrate, through verification from a

professionally accredited Engineer, that preventive engineering and construction measures can be

instituted to make the site suitable for the proposed development, that structures and buildings

can be flood proofed or that the proposed development will be constructed above the 1:100 year

flood elevation as identified by an Alberta Land Surveyor. This does not apply to lands which are

subject to s. 9.3.3.

9.3.6 The Development Authority may issue a permit to allow development to occur on a parcel of land

that is, or has the potential to be subject to flooding or subsidence, if:

a) The development is of a temporary nature; or

b) The development is of a permanent nature but not located in the tentative flood

plain area referred to in Figure 1; or

c) The development is of a permanent nature but is verified in accordance with s.

9.3.5. that the site can be made suitable for the proposed development, that

structures and buildings can be flood proofed or that the proposed development

will be constructed above the 1:100 flood elevation as identified by an Alberta

Land Surveyor.

9.3.7 Prior to development or construction below the 1:100 year flood elevation, owners shall obtain all

necessary approvals, licenses or permits including, but not limited to, the Water Act, the Public

Lands Act, the Fisheries Act and the Navigable Waters Protection Act.

9.3.8 Developments must adhere to the following practices to the satisfaction of the Development

Authority:

a) toxic or noxious materials or dust or ash shall not be released or permitted to

escape to the atmosphere at such a rate as to interfere with the use and enjoyment

of property or to endanger the health and safety of the public;

b) no industrial operation shall be carried out which would result in the projection

of glare, heat or excessive noise onto adjacent properties;

c) waste products shall not be discharged into any sewer or private sewage disposal

system if the nature of such waste products, or the manner of their discharge,

would exceed the design standards for the sewer or sewage disposal system;

d) the stripping of vegetation, grading or other soil disturbance shall be done in a

manner which will minimize soil erosion;

e) natural vegetation shall be retained and protected wherever possible;

f) the extent of the disturbed area and the duration of its exposure shall be

minimized;

26

g) all grading work should be designed to blend with the natural contours of the

land; and

h) natural drainage patterns should not be disturbed and changes to watercourses

shall be avoided except where controlled improvements are warranted.

28

9.4 EXTERIOR LIGHTING

In no case shall exterior lighting be a hazard or a nuisance to roadway traffic or adjacent

properties. Lighting should be directed away from public roadways.

9.5 HOME OCCUPATIONS

9.5.1 Home occupations shall be limited to those uses which are approved by the Development

Authority. Those uses shall not interfere with the rights of other residents to the quiet enjoyment

of their properties, or create a nuisance by way of dust, noise, smell, and smoke or traffic

generation.

9.5.2 Home Occupations (Minor) shall be incidental and subordinate to the principal residential

use and shall be restricted to the dwelling unit. In addition, such home occupations shall:

a) not employ any person other than a resident of the dwelling unit;

b) not require alterations to the principal building unless approved by the

Development Authority;

c) not have outside storage of materials, goods or equipment on or off the site; and

d) limit on-site advertising to one (1) unlighted sign not exceeding 900 cm2 (140

in2) to be located in a window, or affixed to the exterior of the building, or fence.

9.5.3 Home Occupations (Major) shall be incidental and subordinate to the residential use and shall be

restricted to the residence and residential yard site. In addition such home occupations shall:

a) not employ any more than five (5) persons other than a resident of the dwelling

unit;

b) not store or maintain any goods, materials, or equipment not directly related to

the operation;

c) not exceed 0.5 ha (1.2 ac) in area or as otherwise determined by the Development

Authority;

d) limit on-site advertising to one (1) unlighted sign not to exceed 3 m2 (32 ft.

2).

9.5.4 Home occupation proposals respecting such uses as personal service establishments, food

preparation (including bottling of water), child care facilities, and bed and breakfast

establishments are required to conform to the standards administered by the applicable Health

Authority and to obtain all necessary licenses required under the applicable legislation.

9.6 LANDSCAPING AND SCREENING

9.6.1 The Development Authority may require screening to be provided in order to visually separate

areas which detract from the surrounding properties. Special attention shall be given to proposals

which are visible from public roads. The construction and materials of the screen shall be of a

quality to the satisfaction of the Development Authority.

9.6.2 Any area required to be landscaped may, at the discretion of the Development Authority, be left.

in its natural state or be loamed and planted with grass, trees, shrubs and/or flowers, or similar

materials or a combination thereof, which enhance the appearance of the site and which

complement the development thereon.

9.7 MANUFACTURED HOMES

29

9.7.1 All manufactured homes, accessory structures, additions and porches shall be of sound

construction and appearance to the satisfaction of the Development Authority.

9.7.2 Axles, wheels, running gear and towing tongue shall be removed before the manufactured home

is attached to a permanent foundation conforming to the requirements of the Alberta Building

Code.

9.7.3 All manufactured homes shall be adequately skirted and serviced by a water supply, sewage

system, and utilities to the satisfaction of the Development Authority.

9.7.4 A development permit shall not be issued for placement of any manufactured home in a hamlet if

the age of the manufactured home exceeds fifteen (15) years at the time of application.

9.8 MODULAR BUILDINGS

9.8.1 All modular buildings, accessory structures, additions and porches shall be of sound construction

and appearance and oriented on a lot to the satisfaction of the Development Authority.

9.8.2 All modular buildings are to be manufactured after 2010.

9.8.3 A modular building is to be attached to a permanent foundation.

9.8.4 All modular buildings are to be serviced by a water supply, sewage system and utilities to the

satisfaction of the Development Authority.

9.9 OILFIELD FACILITIES

9.9.1 Residential subdivisions or developments with a density of eight (8) or less units per quarter

section shall be set back the following distances from:

a) Sweet or sour gas well: 100 m (328 ft.).

b) Sweet or Level 1 sour gas pipeline: Width of pipeline right-of-way.

c) Level 2, 3 or 4 sour gas facility: 100 m (328 ft.).

9.9.2 Residential subdivisions or developments with a density of more than eight (8) units per quarter

section shall be set back the following distances from:

a) Sweet or Level 1 or 2 sour gas well: 100 m (328 ft.).


c) Level 2 sour gas facility: 100 m (328 ft.).

d) Level 3 or 4 sour gas well or facility: 500 m (1,640 ft.).

9.9.3 Subdivisions or developments for public uses, recreational uses, or commercial uses containing

overnight accommodation shall be set back the following distances from:

a) Sweet or Level 1 sour gas well: 100 m (328 ft.).


c) Level 2 sour gas well or facility: 500 m (1,640 ft.).

d) Level 3 or 4 sour gas well or facility: 1.5 km (0.9 miles).

9.9.4 The Development Officer shall refer the following subdivision or development applications to the

Alberta Energy and Utilities Board for review:

30

a) residential developments with a density of eight (8) or less units per quarter

section if located within 100 m (328 ft.) of the centre line of a pipeline, the head

of a well, a battery or a gas processing plant of unknown level of sourness;

b) residential developments with a density of more than eight (8) units per quarter

section if located within 500 m (1,640 ft.) of the centre line of a pipeline, the

head of a well, a battery or a gas processing plant of unknown level of sourness;

c) public uses, recreational uses, or commercial uses containing overnight

accommodation if located within 1.5 km (0.9 miles) of the centre line of a

pipeline, the head of a well, a battery or a gas processing plant of unknown level

of sourness.

The setbacks are the distances set out or such greater distances as are required by the ERCB. No decisions

shall be made on these applications until such time as comments are received from the Alberta Energy

and Utilities Board.

9.10 PARKING REQUIREMENTS

9.10.1 All developments located in an Industrial or Commercial land use district, or a hamlet shall be

required to provide adequate on-site parking to the satisfaction of the Development Authority.

9.10.2 All parking spaces shall be located on the same site as the building or use for which it is required

shall be designed, located and constructed so that it is easily accessible and can be properly

maintained.

9.10.3 All off-street parking shall be provided in the manner shown on an approved site plan with the

entire area to be graded so as to ensure that drainage will be disposed of in a manner satisfactory

to the Development Authority.

9.10.4 Where a garage is located within an exterior yard on a residential lot, it shall not be closer than

6.1 m (20ft.) from the property line.

9.10.5 Recreational Vehicles may be parked in the front yard in a Residential District provided the

Recreational Vehicle is set back a minimum of 4.6 m (15ft.) from the front property line.

9.10.6 Notwithstanding the above, where allowed by the Development Authority, on-street parking may

be utilized to meet the parking needs of that development.

9.10.7 For all commercial, public and recreational uses, a portion of the parking area nearest the

principal building shall be designated for use by the handicapped to the satisfaction of the

Development Authority.

9.11 RELOCATION OF BUILDINGS

9.11.1 With the exception of manufactured homes, where a development permit for a use has been ranted

for the relocation of a building on the same site or from another site, the Development Authority

may require that the applicant provide:

a) a performance bond of such amount to ensure completion of any renovations set

out as a condition of approval of a development permit, and

b) an engineer’s certificate to confirm that the building is structurally sound.

9.11.2 Renovations shall be completed within one year of the issuance of a development permit.

31

9.12 ROADWAY SETBACKS

9.12.1 No person shall erect any building or structure in any land use district unless the building or

structure is set back from the adjacent roadway as follows:

a) Primary Highway: 41 m (134 ft.) from the property line, or as required by Alberta

Transportation and Utilities depending on future highway

upgrading plans.

b) Secondary Highway: 41 m (134 ft.). If future right-of-way requirements are not known, a

setback of 64 m (209 ft.) from the centre line shall be required.

c) Local Road: 41 m (134 ft.) unless otherwise required by the Development

Authority.

d) Internal Subdivision Road: 7.6 m (25 ft.) unless otherwise specified in Land Use

9.12.2 Notwithstanding s. 9.12.1, setbacks in hamlets shall be in accordance with those established in the

Hamlet District.

9.12.3 Pursuant to the Public Highways Development Act, developments occurring adjacent to Primary

Highways will require a Development Permit from Alberta Transportation and Utilities.

9.12.4 In a rural area at the intersection of two roadways, or a roadway and railroad right-of-way, no

buildings, solid fence, or vegetation or finished ground elevation shall exceed 1 m (3.3 ft.) in

height above the average elevation of the carriageways, within a triangular area formed by the

intersection of the boundaries of the said roadways and points 61 m (200 ft.) back from the

intersection.

9.12.5 On any corner site in a hamlet residential district, no finished grade shall exceed the general

elevation of the road by more than 0.6 m (2 ft.) within the area defined as a sight triangle.

9.13 SIGN REGULATIONS

9.13.1 Except where provided for in Section 4.2, no sign of advertising, directional or information nature

shall be erected on land or affixed to any exterior surface of any building or structure unless an

application for this purpose has been approved by the Development Authority.

9.13.2 The applicant for a development permit for a sign shall in no case proceed with the construction,

erection, alteration or relocation of such sign until the details (i.e. size, color, construction

materials) have been approved and the development permit granted.

9.13.3 The Development Authority may refer an application for a sign to Alberta Transportation and

Utilities where it would be visible from a Primary Highway.

9.13.4 An application for one or more signs shall not be approved if, in the opinion of the Development

Authority, the sign would:

a) unduly interfere with the amenities of the area;

b) materially interfere with or affect the use, enjoyment or values of neighbouring properties; or

c) create a safety hazard.

32

SECTION 10 ESTABLISHMENT OF DISTRICTS

10.1 LAND USE DISTRICTS

10.1.1 For the purpose of this Bylaw, all lands within the County are divided into land use

Districts and are classified as follows:

District Symbol

Agriculture District A

Agriculture Restricted District

AR

Country Residential District

CR

Highway Development District

HD

Rural Industrial District

RI

Hamlet General District

HG

Hamlet Watino District

HW

Hamlet Commercial District

HC

Hamlet Industrial District

HI

Airport Vicinity District

AV

Crown Land District

CL

10.2 DISTRICT MAPS

10.2.1 The District Maps, may be amended or replaced by Bylaw from time to time, those maps attached

and forming part of this Bylaw as Schedule B.

10.2.2 In the event that a dispute arises over the boundary of any District as shown on the District Maps,

the Municipal Planning Commission shall decide upon the location of the boundary.

33

SECTION 11 DISTRICT RULES

11.1 AGRICULTURE (A) DISTRICT

11.1.1 Purpose

The purpose of this District is to provide for the development of a wide variety of uses that are compatible

with the agricultural community.

a) Permitted Uses

-accessory building or use

-agriculture (extensive)

-apiary

-communication tower, mast antenna and satellite dish antenna

-manufactured home if building site has access to a developed road

-park or playground

-public use

-sign

-single detached dwelling if building site has access to a developed road

b) Discretionary Uses

-agricultural industry

-agricultural sales and service

-agriculture (intensive cultivation)

-airstrip (public or private)

-bed and breakfast

-campground

-confined feeding operation

-country store

-gas plant

-golf course

-home occupation (major)

-home occupations (minor)

-kennels

-landfill (sanitary)

-manufactured home if building site does not have access to a developed road

-manufacturing or processing of goods or products

-motor vehicle dealership

-natural resource extraction industry - open or covered storage of goods, equipment, vehicles or

machinery

-planer mill

-public utility

-recreation (extensive)

-recreational resort

-recreational vehicle park

-removal of topsoil

-single detached dwelling if building site does not have access to a developed road

-veterinary clinic

11.1.2 Site Provisions

In addition to the General Regulations contained in Section 9, the following standards shall apply to every

development in this district.

34

a) Lot Area: At the discretion of the Development Authority.

b) Front Yard (minimum): See Section 9.12.

c) Side Yard (minimum): 15.2 m (50 ft.) unless a corner parcel where the minimum side

yard shall be the same as the front yard.

d) Rear Yard (minimum): 15.2 m (50 ft.).

e) Lot Density: One (1) lot plus the balance per unsubdivided quarter section.

11.1.3 Additional Requirements: Confined Feeding Operations

All applications for confined feeding operations are to be submitted to the Natural Resources

Conservation Board for review and approval in accordance with the Agricultural Operation Practices Act.

11.2 AGRICULTURE RESTRICTED (AR) DISTRICT

11.2.1 Purpose

The purpose of this District is to accommodate rural development within 3.2 km (2 mi) from hamlet

boundaries.

(a) Permitted Uses



-home occupation, minor

-manufactured home

-park or playground

-public use


-sign

-single detached dwelling

(b) Discretionary Uses



-apiary

-bed and breakfast

-church with or without manse

-communication tower, mast antenna and satellite dish antenna

-golf course


-kennel

-manufacturing or processing of goods or products

-motor vehicle dealership - open or covered storage of goods, equipment, vehicles or machinery

-pipe and equipment storage yard

-public utility

-radio, television and other communication or lookout tower

-removal of topsoil




35



c) Side Yard (minimum): 15.2 m (50 ft.) unless a corner parcel where the minimum side

yard shall be the same as the front yard.


e) Lot Density: One (1) lot plus the balance per unsubdivided quarter section.

11.2.3 The Development Authority may decide on such other requirements as are necessary, having due

regard to the nature of a proposed development and the purpose of this District.

11.3 COUNTRY RESIDENTIAL (CR) DISTRICT

11.3.1 Purpose

The purpose of this District is to accommodate multi-parcel country residential development.

a) Permitted Uses


-manufactured home

-park or playground

-signs




-bed and breakfast establishment


-home occupation (minor)

-public use

-public utility




a) Lot Area (minimum): 2 ha (5 ac).

b) Lot Width (minimum): 50 m (164 ft.).

c) Front Yard (minimum): See Section 9.12.

d) Side Yard (minimum): 15.2 m (50 ft.).

e) Rear Yard (minimum): 15.2 m (50 ft.).

f) Parcel Density (maximum): At the discretion of the Development Authority.

11.4 HIGHWAY DEVELOPMENT (HD) DISTRICT

11.4.1 Purpose

The purpose of this District is to provide for commercial development located adjacent to Primary and

Secondary Highways that cater to the travelling public.

(a) Permitted Uses

36


-restaurant

-retail outlet

-service station

-sign


-amusement facility


-bulk fuel and card lock

-drinking establishment

-dwelling unit attached or accessory to a commercial use

-hotel

-motel


-public use

-public utility

-recreational resort





a) Lot Area (minimum): 1,860 m2 (20,000 ft2).

b) Front Yard (minimum): See Section 9.1.1.

c) Side Yard (minimum): 15.2 m (50 ft.).


11.5 HAMLET GENERAL (HG) DISTRICT

11.5.1 Purpose

The purpose of this District is to provide for a variety of compatible land uses in smaller hamlets.

(a) Permitted Uses


-child care facility

-duplex


-manufactured home

- office

-park or playground

-personal service establishment -public use

-public utility

-semi-detached dwelling

-sign



37


-agricultural field crops


-amusement facility

-apartment building

-apiary

-auto body and paint shop


-building supply sales


-bus depot

-car and truck washing facility

-dealership


-holiday trailer park


-hotel

-intensive recreation

-manufacturing and processing of goods or products

-motel - open storage of goods, equipment, vehicles or machinery

-restaurant

-retail outlet

-senior citizen home

-service station

-skilled trades establishment

-storage, processing of production of flammable, combustible or other hazardous goods

-truck terminal

-veterinary clinic

-warehouse




a) Lot Area (minimum): At the discretion of the Development Authority based on the

nature of the proposed use, servicing requirements, and

impacts on adjacent land uses.

b) Front Yard (minimum): 6.1m (20 ft.)

c) Side Yard (minimum):

(i) Interior: 1 m (3.3 ft.) for accessory building.

1.5 m (5 ft.) for all other uses.

(ii) Exterior: 3 m (10 ft.).

d) Rear Yard (minimum): 1 m (3.3 ft.) for accessory building. Where vehicle

access to a garage is via a rear lane, a minimum of

4.8 m (16 ft.) is required. 7.6 m (25 ft.) for all other uses.

e) Distance Between Principal

and Accessory Building (min): 2 m (6.6 feet)

11.5.3 Additional Requirements: Recreational Vehicles

A maximum of one (1) recreational vehicle may be located on a lot in this District provided there is an

existing residence on the lot, and provided that the recreational vehicle is not continuously occupied for a

38

period exceeding four months. Multiple recreational vehicles may be permitted to locate on a lot in excess

of 0.8 ha (2 acres) provided that said recreational vehicles form part of an approved “holiday trailer park”

under this District.

11.6 HAMLET WATINO (HW) DISTRICT

11.6.1 Purpose

The purpose of this District is to provide for a variety of compatible land uses in the hamlet of Watino.

(a) Permitted Uses


-duplex dwelling


-park or playground

-public utility

-semi-detached dwelling



-apartment building




-bus depot

-cabin

-car and truck washing facility



-modular dwelling

-office

-personal service establishment

-place of worship

-public use


-restaurant

-retail outlet

-row dwelling

-senior citizen home

-service station

-sign

-veterinary clinic

-warehousing

-other similar and compatible uses as approved by the Development Authority/Municipal

Planning Commission

In addition to the General Regulations in Section 9, the following standards shall apply to every



a) Minimum Lot Area

39

Use Width Depth Area

Residential (both sewer

and water) Including

holding tanks and

cistern

23 m (75 ft.) 697 m2 (7,500ft.

2)

Residential Minimum 30.5 m (100ft.)

Residential Minimum

Building Area

74.3 m2 (800 ft.

2)

Commercial At the discretion of the

development officer

464 m2 (5,000 ft.

2) for

service stations and

motor vehicle

dealerships.

140 m2 (1,500 ft.

2) for

all other uses.

All other uses as required by the Development Authority

b) Minimum Yard Dimensions

Use Yard Setback

Residential

a) Front Yard (minimum) 7.6 m (25 ft.)

b) Rear Yard (minimum) 7.6 m (25 ft.)

c) Side Yard (Interior minimum) 3.1 m (10 ft.)

d) Side Yard (Exterior minimum) 4.6 m (15 ft.)

Commercial Retail stores built adjacent to

existing similar uses may be built

without front and side yard

setbacks where there is lane

access

Where there is no lane access,

one side yard minimum 4.6 m

(15 ft.) shall be provided

a) Side Yard (Interior minimum) 1.5 m (5 ft.) if firewall is

provided, no side yard is

required.

b) Side Yard (Exterior minimum) At the discretion of the

Development Authority

c) Rear Yard (minimum) 4.6 m (15 ft.)

d) Building Height (maximum) 9.1 m (30 ft.)

All other uses as required by the Development Authority

11.6.3 Other Requirements

a) The new Section 9.9.5 of this bylaw under No. 14 is not applicable to this

District. Recreational vehicles may be parked in the interior side or rear yard.

Recreational vehicles may be parked in an exterior side yard if set back 1.5 m (5

ft.) from the property line.

b) The Development Authority may decide on such other requirements as are

necessary, having due regard to the nature of the proposed development and the

purpose of this district.

11.7 HAMLET COMMERCIAL (HC) DISTRICT

11.7.1 Purpose

40

The purpose of this district is to provide for the development of retail and service commercial uses within

larger hamlets.

a) Permitted Uses


-bakery

-bank

-business, administrative, or professional office


-hotel

-medical or dental clinic

-motel

-park or playground

-personal service establishment -public use

-public utility

-restaurant

-retail outlet

-sign


-amusement facility

-automotive repair shop


-bulk fuel and cardlock

-car or truck wash


-dwelling unit attached or accessory to a commercial use

-gas bar


-parking lot

-private club or organization

-service station




a) Lot Area (minimum): 464 m2 (5,000 ft

2) for service stations and motor

vehicle dealerships.

140 m2 (1,500 ft

2) for all other uses.

b) Front Yard (minimum): At the discretion of the Development Authority.

c) Side Yard (minimum): (i) Interior: 1.5 m (5 ft.). If a firewall is provided, no side yard is

required.

(ii) Exterior: At the discretion of the Development Authority.


e) Building Height (maximum): 9.1 m (30 ft.).

11.8 HAMLET INDUSTRIAL (HI) DISTRICT

11.8.1 Purpose

41

The purpose of this district is to provide for a variety of industrial uses within larger hamlets.

a) Permitted Uses




-automotive repair shop



-dwelling unit attached or accessory to an industrial use

-equipment repair and storage

-general contracting firm

-grain elevator

-manufacturing and processing of goods or products

-metal fabrication and welding


-public use

-service station

-truck terminal

-warehouse




a) Lot Area (minimum): 464 m2 (5,000 ft.2)

b) Lot Width (minimum): 15.2 m (50 ft.).

c) Front Yard (minimum): 7.6 m (25 ft.).

d) Side Yard (minimum): 3.0 m (10 ft.). If a firewall is provided, no side yard is

required.

e) Rear Yard (minimum): 6.1 m (20 ft.).

f) Building Height (maximum): At the discretion of the Development Authority.

11.8.3 Additional Requirements

a) Any site abutting a residential district or road shall provide landscaping, fencing or

berming to the satisfaction of the Development Authority.

b) All outside storage areas shall be screened and fenced to the satisfaction of the

Development Authority.

11.9 AIRPORT VICINITY (AV) DISTRICT

11.9.1 Purpose

The purpose of this district is to identify an area which recognizes land surrounding the airport, the use of

which may be impacted by the operation of the airport, and restrict development within the identified area

to those uses which are or may be made compatible with airport operation. The Permitted and

Discretionary Uses for this District relative to local Noise Exposure Forecast (NEF) contours as illustrated

on Figure AV-1 are as follows:

42

Land Use

Zone 1 Zone 2

NEF Contour

-25 25-30 30-35 35-40 40+

NEF Contour

-25 25-30 30-35 35-40 40+

Accessory building or use P P P P P P P P P P

Agricultural industry - - - - - P P D D D

Agriculture (Extensive) P P P P P P P P P P

Agriculture (Intensive Cultivation) - - - - - P P D - -

Agriculture (Intensive Livestock) - - - - - D - - - -

Apiary - - - - - P D - - -

Airport maintenance yard and building P P P P P P P P P P

Aircraft parts and service P P P P P P P P P P

Communication tower or satellite dish - - - - - D D D - -

Gas plant - - - - - D D - - -

Home occupation (major) D D - - - D D - - -

Home occupation (minor) P P - - - P P - - -

Kennel - - - - - D D - - -

Manufactured home P D - - - P D - - -

Natural resource extraction industry - - - - - D D - - -

Park or playground - - - - - P P D D -

Public use - - - - - P P D D -

Recreation (extensive) - - - - - P P D D -

Single detached dwelling P D - - - P D - - -


a) Lot Area (minimum): At the discretion of the Development Authority.

b) Setback from Runway (minimum):

(i) From Centre Line: 274 m (900 ft.) for single family dwelling or

manufactured home.

137 m (450 ft.) for all other uses.

(ii) From End of Runway: 900 m (2,950 ft.) for single family

dwelling or manufactured home.

450 m (1,475 ft.) for all other uses.

c) Side Yard (minimum): At the discretion of the Development Authority.

d) Rear Yard (minimum): At the discretion of the Development Authority.

e) Building Height (maximum): See Figure AV-2.


a) Notwithstanding Section 4.2 of this Bylaw, all development on lands included in this District,

including fencing and agricultural pursuits, requires a development permit, except for:

(i) carrying out of works of maintenance or repair to any building, if the works do not include

structural alterations or major works of renovation, causing the raising of a roof line, add any

structure, antennae or chimney to the roof, or during the act of repair or maintenance, place

any equipment on the roof that exceeds the peak or the highest point of the roof, and

(ii) the erection or construction of gates, fences, walls or other means of enclosure less than 0.9 m

(3 ft.) in height, and the maintenance, improvement and other alterations of any gates, fences

or walls or other means of enclosure.

b) A development permit for a development in this District may only be issued if the proposed

development conforms with all of the regulations, uses and requirements of this District.

43

c) Notwithstanding subsection (b), all development in excess of 5 m (16 ft.) above the airport

reference point elevation shall require a development permit. The airport reference point

elevation shall be deemed to be 567 m (1,860 ft.) above sea level.

d) Any use which, in the opinion of the Development Authority, may attract concentrations of birds

near the airport shall be discouraged from locating in this District.

e) No use may create smoke, dust, electronic interference or include misleading lighting.

f) No source of high level electromagnetic interference (EMI), such as heavy electrical equipment,

electrical welding, or high tension power lines shall be permitted within the district.

g) All construction in this District shall conform to the exterior acoustic insulation requirements of

Part 11 of the Alberta Building Code.

h) All lighting within this area shall be directed at structures or low mast. They shall not be high

intensity, high mast or upwardly reflective, and shall be subject to review by the Development

Authority.

46

11.10 CROWN LAND (CL) DISTRICT

11.10.1 The purpose of this district is to provide for a variety of land uses on Crown Lands.

a) Permitted Uses



-apiary

-communication tower, mast antenna or satellite dish antenna -public use

-public utility

-sign



-agriculture (intensive livestock operation)


-gas plant


-home occupations (minor)

-kennel

-manufactured home

-natural resource extraction industry

-pipe and equipment storage


-sawmill or planer mill







c) Side Yard (minimum): 15.2 m (50 ft.) unless a corner parcel where the

minimum side yard shall be the same as the front yard.



a) The Development Authority may issue a development permit for proposed development

on Crown Land subject to the appropriate disposition (lease, license, disposition leading

to a patent, etc.) being first obtained from the Public Lands Division.

b) In instances where privately owned lands are shown on the District Map to be located in

this district, those lands shall be considered as part of the Agriculture (A) District.

47

SECTION 12 ADOPTION AND REPEAL

12.1 REPEAL OF EXISTING CONTROLS

12.1.1 Birch Hills County Land Use Bylaw No. 4-99 and amendments thereto are hereby rescinded.

12.2 DATE OF COMMENCEMENT

12.2 This Bylaw comes into force and takes effect upon the date of its Third Reading.

48

SCHEDULE “A” LAND USE BYLAW FORMS

FORM A APPLICATION FOR DEVELOPMENT PERMIT

FORM B

DEVELOPMENT PERMIT

FORM C

APPLICATION FOR TIME EXTENSION FOR DEVELOPMENT APPROVAL

FORM D

DEVELOPMENT APPEAL APPLICATION

FORM E NOTIFICATION OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD

HEARING

FORM F

DECISION OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD

FORM G APPLICATION FOR LAND USE BYLAW AMENDMENT

49

FORM A Application No. ________________ Date Received: ________________ Fee Received: ________________

APPLICATION FOR DEVELOPMENT PERMIT

BIRCH HILLS COUNTY I/We hereby make application under the provisions of the Land Use Bylaw for a Development Permit in accordance with the plans and supporting information submitted herewith and which form part of this application. I/We understand that this application will not be accepted without the appropriate application fee, and a dimensioned site plan including all details relevant to the proposed development. APPLICANT INFORMATION NAME OF APPLICANT: ___________________________________TELEPHONE: _________________________ ADDRESS OF APPLICANT:______________________________________________________________________ NAME OF REGISTERED LANDOWNER (If Different From Above): ______________________________________ LANDOWNER ADDRESS: ___________________________________ TELEPHONE: _______________________ PROPERTY INFORMATION LEGAL DESCRIPTIONOF PROPERTY TO BE DEVELOPED: Quarter ____ Section ____ Township ____ Range ____ Meridian _____ Lot: ____ Block ____ Plan____ SIZE OF PROPOSED DEVELOPMENT SITE: Length __________________________ Width _________________________ Area_______________ DESCRIBE THE EXISTING USE OF THE PROPERTY: ___________________________________________________ LAND USE DESIGNATION IN LAND USE BYLAW: ____________________________________________________ DEVELOPMENT INFORMATION DESCRIBE THE PROPOSED USE OF THE PROPERTY: __________________________________________________________________________ INDICATE THE PROPOSED SETBACKS FROM THE PROPERTY LINES: Front Yard ____________ Rear Yard _____________ Side Yard (1) _____________ Side Yard (2) _________ THE PROPOSED DEVELOPMENT IS ADJACENT TO (Check all that apply): Primary Highway _____ Secondary Highway _____ Local Road _____ Other Road _____ ESTIMATED DATE OF COMMENCEMENT: _________ COMPLETION: _________ COST OF PROJECT: $____________ DECLARATION I/We hereby declare that the above information is, to the best of my/our knowledge, factual and correct. SIGNATURE OF APPLICANT: _________________________________ DATE: __________________ SIGNATURE OF REGISTERED LANDOWNER:____________________ DATE: ________________ (If Different from Above)

50

FORM B Permit No. ______

DEVELOPMENT PERMIT

BIRCH HILLS COUNTY

Development Permit Application No. ______ as applied for by ________________________ (Name of Applicant)

has been

[ ] APPROVED

[ ] APPROVED, subject to the following conditions:

[ ] REFUSED for the following reasons:

If approved, you are hereby authorized to proceed with the specified development aft.er 14 days

of the issuance of this permit, provided that any stated conditions are complied with, and the

development is in accordance with any approved plans and application. Should an appeal be

made against this decision to the Subdivision and Development Appeal Board, this development

permit shall be null and void.

________________________________________ _______________________________ Signature of Development Officer Date of Decision

NOTE: FAILURE TO COMPLY WITH THE CONDITIONS OF THIS PERMIT WILL RESULT IN PUNITIVE ACTION BEING TAKEN BY THE DEVELOPMENT OFFICER AS AUTHORIZED BY SECTIONS 557, 566, AND 646 OF THE MUNICIPAL GOVERNMENT ACT. APPEAL PROCEDURE

The Land Use Bylaw provides that any person claiming to be affected by the decision may

appeal to the Secretary of the Subdivision and Development Appeal Board WITHIN 14 DAYS

AFTER NOTICE OF THE DECISION IS GIVEN. Contact the Development Officer (694-3793)

for a Development Appeal application form.

51

FORM C

APPLICATION FOR TIME EXTENSION FOR DEVELOPMENT APPROVAL

BIRCH HILLS COUNTY

PERMIT NO: ___________________________________ LEGAL: _______________________________________ APPLICANT: ___________________________________

The Municipal Government Act, SA 1994, Section 684 states: “An application for a

development permit is, at the option of the applicant, deemed to be refused if the decision of a

development authority is not made within 40 days of receipt of the application unless the

applicant has entered into an agreement with the development authority to extend the 40 day

period.”

In accordance with Section 684 of the Municipal Government Act, SA 1994 as amended, please

complete the following consent form agreeing to extend the 40 day period within which the

Development Authority of Birch Hills County has to make a decision.

I, the applicant, agree to extend the period of time within which the Development Authority of

Birch Hills County has to make a decision

TIME EXTENDED TO: _________________________________________________ DAY MONTH YEAR

APPLICANT’S SIGNATURE: ____________________________ DATE SIGNED: __________

DEVELOPMENT OFFICER: ____________________________ DATE SIGNED: __________

ADDITIONAL TIME EXTENSION AGREEMENT

TIME EXTENDED TO: _________________________________________________

DAY MONTH YEAR

APPLICANT’S SIGNATURE: ___________________________ DATE SIGNED: __________

DEVELOPMENT OFFICER: ____________________________ DATE SIGNED: __________

52

FORM D

DEVELOPMENT APPEAL APPLICATION

BIRCH HILLS COUNTY

OFFICE USE ONLY: Date Received: ________________________________

Development Appeal No.: _______________________ Development Permit No.: ________________________ Date of Appeal Hearing: _________________________

I hereby give notice of appeal to the decision of the Development Authority dated _________on

Development Permit No. __________________ for the following reasons (attach a separate

sheet if necessary):

Name(s) of Applicant(s) for appeal:

___________________________________________________________ Address:

_________________________________________________ Telephone: _______________

Legal Description: ____________________________________________________________

I hereby declare that all information provided by me is to the best of my knowledge true and

correct in all respects.

______________________________________________ ______________________ Appellant(s) Signature(s) Date

(If the appeal is being lodged by a Company, the President or other authorized officer shall sign

this form.)

Mail or deliver to:

The Secretary, Subdivision and Development Appeal Board Birch Hills County Box 157 Wanham, Alberta T0H 3P0

(780) 694-3793

53

FORM E Application No. ________________

NOTIFICATION OF SUBDIVISION AND DEVELOPMENT APPEAL BOARD HEARING

BIRCH HILLS COUNTY

This is to notify you that an appeal has been made to the SUBDIVISION AND DEVELOPMENT

APPEAL BOARD against a decision in respect of Development Permit No. _______________.

Legal Description: _____________________________________________________________

A Development Permit has been

[ ] APPROVED for the following use:

[ ] APPROVED WITH CONDITIONS for the following use:

[ ] REFUSED for the following reasons:

The above decision has been appealed for the following reason(s):

DATE OF HEARING: ___________________________________________________________

LOCATION OF HEARING: ______________________________________________________

Any person affected by the proposed development has the right to present a written brief prior to

the hearing and may be present and be heard at the hearing. Persons requiring to be heard at

the hearing may submit written briefs to the Secretary of the Subdivision and Development

Appeal Board not later than the following date: ___________________________.

____________________________________________ ___________ Secretary, Subdivision and Development Appeal Board Date

For further information, contact:

The Secretary, Subdivision and Development Appeal Board Birch Hills County Box 157 Wanham, Alberta T0H 3P0

(780) 694-3793

54

FORM F Appeal No. _______

DECISION OF THE SUBDIVISION AND DEVELOPMENT APPEAL BOARD

BIRCH HILLS COUNTY

This is to notify you that an appeal against Development Permit No. ____________________

affecting the (Legal Description) _______________________________________________was

considered by the Subdivision and Development Appeal Board on ___________________, 20

__, and the decision of the Board with regard to the appeal is as follows and for the following

reasons:

____________________________________________ ___________ Chairman, Subdivision and Development Appeal Board Date

NOTE:

A decision of the Subdivision and Development Appeal Board is final and binding on all parties

and persons subject only to an appeal upon a question of law or jurisdiction pursuant to Section

688 of the Municipal Government Act, SA 1994 as amended. An application for leave to appeal

to the Appellate Division of the Supreme Court of Alberta shall be made:

(a) to a judge of the Appellate Division, and

(b) within 30 days aft.er the issue of the order, decision, permit or approval sought to be appealed.

55

FORM G Application No. __________

APPLICATION FOR LAND USE BYLAW AMENDMENT

BIRCH HILLS COUNTY

NAME OF APPLICANT: _____________________________________ TELEPHONE: _______

ADDRESS OF APPLICANT: ____________________________________________________

NAME OF REGISTERED LANDOWNER (If different from applicant): _____________________

ADDRESS: ___________________________________ TELEPHONE: __________________

LEGAL DESCRIPTION OF PROPERTY AFFECTED BY AMENDMENT:

Quarter ____ Section ____ Township ____ Range ____ Meridian ____ or

Lot _____ Block _____ Plan _________________

DETAILS OF PROPOSED AMENDMENT:

From: ________________________________ To: _______________________________

If not reclassifying land, please specify the nature of the amendment:

____________________________________________________________________________

____________________________________________________________________________

REASONS SUPPORTING THE PROPOSED AMENDMENT:

I/We enclose the required application fee of $ _________________.

______________________________________________________________________ ____ Signature of Applicant Date Signature of Registered Landowner (If Different from Above) Date

56

SCHEDULE B LAND USE BYLAW MAPS

Map 1 District Map

Map 2 Hamlet of Peoria

Map 3 Hamlet of Tangent

Map 4 Hamlet of Watino

Map 5 Hamlet of Eaglesham

Map 6 Wanham

Map 7 SW 6-78-25-W5M

Zone Map

59

Hamlet Watino Birch Hills County Map 5

Note: Bylaw 2015-01 Hamlet of Watino Map

This map has been consolidated for convenience only. The Official Bylaw and amendments thereto, should be consulted for all purposes of interpretation and application

BIRCH HILLS COUNTY

Documents

Transcript of BIRCH HILLS COUNTY