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HomeMy WebLinkAbout2066-24 Land Use Bylaw 2016-21 Text AmendmentsCOUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 2066-24 BEING a bylaw of the County of Newell in the Province of Alberta, to amend the Land Use Bylaw No. 2016-21, being the Land Use Bylaw; WHEREAS the Council of the County of Newell wishes to amend Section 5: Land Use Districts to include additions to the permitted and/or discretionary uses within the A-GEN, A-SML, A-HAM, R-MAN, R-HAM, B-HAM, B-RUR, I-GEN and S-PPS land use districts in accordance with Schedule `A' attached. AND WHEREAS the Council of the County of Newell wished to amend the following sections of the Land Use Bylaw, in accordan�e with Schedule `A' attached: • Table 2: Development Not Requiring Permit • 3.10 Accessory Buildings/Structures • 3.58 Signs Not Requiring a Permit • 4.14 Live/UVork Units • 4.17 Secondary Suites (External) AND WHEREAS the County of the County of Newell wishes to amend Section 6— Glossary to amend the definition of Campground, and add a definition for School, Colony, in accordance with Schedule `A' attached. AND WHEREAS the municipality must prepare an amending bylaw and provide for its consideration at a public hearing. NOW THEREFORE, under the authority and subject to the provisions of the Municipal Government Act, Statutes of Alberta, Chapter M-26, 2000, as amended, the Council of the County of Newell in the Province of Alberta duly assembled does hereby enact the following: 1. That the sections of Land Use Bylaw 2016-21 be amended as indicated in Schedule A. 2. Bylaw No. 2016-21 is hereby amended and consolidated. 3. The bylaw shall come into effect upon third and final reading hereof. March 14, 2024 MOVED BY COUNCILLOR ELLEN UNRUH that Bylaw 2066-24 receive FIRST reading. MOTION CARRIED April 25, 2024 MOVED BY COUNCILLOR ADENA SKANDERUP that Bylaw 2066-24 receive SECOND reading. MOTION CARRIED April 25, 2024 MOVED BY COUNCILLOR HOLLY JOHNSON that Bylaw 2066-24 receive THIRD and FINAL reading. MOTION CARRIED _ 1; -- � � ..,_._,a.J`�—,� -� • `. eve — Arno rksen Chief Administrative Officer — Matt Fenske Schedule A Table 2: Development Not Requiring a Development Permit 2 Accessory The placement or construction of an Accessory Building/Structure with a footprint smaller than 10 m in an Agricultural or Building/Structure Residential District where it complies with the District’s setbacks, up to a maximum of 3 Buildings / Structures. Shipping Containers a) A maximum of five (5) shipping containers in the A-GEN District, any more would be a Discretionary Use. b) A maximum of two (2) shipping containers in the A-SML District, any more would be a Discretionary Use. c) A maximum of two (2) shipping containers in the A-GEN District within the Intermunicipal Development Plan Boundary with the Village of Duchess, any more would be a Discretionary Use. d) A maximum of one (1) shipping container in the R-RUR District where the parcel is greater than 0.4 ha, any more would be a Discretionary Use. 3.10 ACCESSORY BUILDINGS/STRUCTURES 2 A maximum of 3 Accessory Buildings/Structures under 10mcan be developed on a parcel without the 2 benefit of a development permit. Additional Accessory Buildings/Structures under 10mrequire a development permit. An Accessory Building/Structure in a Residential District shall be similar to, and complement, the principal building in exterior material, colour and appearance. No Accessory Building/Structure shall be allowed in the front yard of a Residential District parcel smaller than 0.4 ha. No Accessory Building/Structure shall be allowed in the side yard of a Residential District parcel that does not have lane access. An Accessory Building/Structure shall not be permitted in a Residential District parcel without a Principal Building, at the Discretion of the Development Authority. 3.58 SIGNS NOT REQUIRING A PERMIT The following signs do not require a Development Permit, but shall otherwise comply with the Bylaw: Signs displayed by or on behalf of the federal, provincial, or local government, Portable Signs, banners or pennant flags that are not permanently installed and which are displayed for a period not exceeding thirty (30) days, Election Signs that are not permanently installed and which are displayed for the duration of the election period only, Temporary Signs that are not permanently installed and which are displayed for the purposes of advertising a yard/garage sale, farm/livestock sale, for a period not exceeding Seventy-Two (72) hours, Safety Signs that warn of physical dangers that exist on a parcel and other access constraints such as electric fence, dogs on site, no trespassing, all visitors must report to office, ETC... Real Estate Signs, and Sandwich Boards located in proximity to the business advertised during operating hours. 4.14 LIVE/WORK UNITS General Requirements a) The use of the non-residential portion of live/work units shall be limited to the permitted and discretionary uses in the appropriate District. b) The dwelling unit shall be part of and contiguous with the building that contains the non-residential use, 2 c) The minimum size of a dwelling unit shall be 100 37 m. Schedule A d) The non-residential component of a live/work unit will be a minimum of twenty-five percent (25%) of the gross floor area. 4.17 SECONDARY SUITES (EXTERNAL) General Requirements All units shall be constructed on a permanent foundation. All units shall be considered part of the total building area of an Accessory Building. The secondary suite will be subordinate to the principal use of the building. Units shall: Comply with the regulations in the applicable District, Contain at least one (1) room and include sleeping, sanitary, and cooking facilities, and Provide a minimum of one (1) dedicated on-site parking stall. Site Requirements Units shall: Provide a minimum of one (1) dedicated on-site parking stall, and Have a shared approach with the principal dwelling. Development Permit Requirements A Development Permit application will respond to the above noted Requirements and further provide: A Floor Plan, Elevations for the Secondary Suite (front, side and rear), A Site Plan detailing amenity area for the unit, and any landscaping or screening, and Colour photographs of the existing site and surrounding area. Schedule A A-GEN Agriculture, General District PURPOSE: To protect the agricultural land base of the County while allowing complementary non-agricultural development. PERMITTED USES: DISCRETIONARY USES: 22 Accessory Building/Structure ≤930 m Accessory Building/Structure >930 m Addition Agriculture (Intensive) Agricultural Building Agriculture (Processing) Agriculture (General) Agriculture (Regulated) Dwelling (Manufactured Home) Bed & Breakfast Dwelling (Multi-Unit) in a Hutterite Colony only Boat Launch Dwelling (Single Detached) Bunk House Farm Gate Sales Cemetery Government Services Campground Park Farmers Market School, Colony Home-Based Business Type Two (HBB2) Utilities Kennel Pit or Quarry Recreation (Indoor) Recreation (Outdoor) Riding Arena Religious Assembly More than five (5) Shipping Containers Small Wind Energy System 2 Solar Panels (Freestanding) greater than 56 m Solar Panels (Wall Mounted) Tiny Home/Park Model Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to the Permitted or Discretionary Uses and conform to the purpose of this District. MINIMUM PARCEL SIZE:  An un-subdivided Quarter Section, or  The portion created and the portion remaining after registration of a First Parcel Out subdivision, or  The portion of a parcel remaining after approval of a Land Use Redesignation and Subdivision provided the remainder is a minimum of 16.2 ha. MAXIMUM DENSITY:  One Dwelling Unit will be permitted per parcel; additional Dwelling Units shall be a discretionary use, up to the following maximums: o On parcels less than 32.4 ha a maximum of two Dwelling Units o On parcels greater than or equal to 32.4 ha a maximum of four Dwelling Units MAXIMUM BUILDING HEIGHT: N/A Schedule A A-SML Agriculture, Small Lot District PURPOSE: To allow for flexible parcel sizes based on current agricultural operation requirements and the physical characteristics of the land. PERMITTED USES: DISCRETIONARY USES: 22 Accessory Building/Structure ≤930 m Accessory Building/Structure >930 m Addition Agriculture (Intensive) Agriculture (General) Agriculture (Processing) Agriculture (Intensive) Animal Health (Small Animal) Agriculture (Processing) Bed & Breakfast Dwelling (Manufactured Home) Farmers Market Dwelling (Single Detached) Home-Based Business Type Two (HBB2) Farm Gate Sales Industrial (Light) Park Kennel Secondary Suite (External) Live/Work Unit Secondary Suite (Internal) Riding Arena Small Wind Energy System More than two (2) Shipping Containers 2 Utilities Solar Panels (Freestanding) greater than 28 m Solar Panels (Wall Mounted) Tiny Home/Park Model Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to the Permitted or Discretionary Uses and conform to the purpose of this District. MINIMUM PARCEL SIZE: 1.2 ha MAXIMUM PARCEL SIZE: 16.2 ha MAXIMUM DENSITY: One (1) dwelling unit per parcel and one (1) Secondary Suite (External or Internal). MAXIMUM BUILDING HEIGHT: N/A MINIMUM SETBACKS: MAIN AND ACCESSORY BUILDINGS Front Yard Side Yard Rear Yard 30.0 m from County Roads 30.0 m from County Roads 30.0 m from County Roads Determined by AT for Highway Determined by AT for Highway Determined by AT for Highway 6.0 m from other parcels 6.0 m from other parcels Schedule A A-HAM, Agriculture, Hamlet Transitional PURPOSE: To allow for temporary Agricultural use on undeveloped parcels within Hamlets. PERMITTED USES: DISCRETIONARY USES: Addition Accessory Building/Structure Agriculture (General) Agriculture (Intensive) Park Agriculture (Processing) Utilities Dwelling (Single Detached) Live/Work Unit Farm Gate Sales Secondary Suite (Internal) Shipping Container Small Wind Energy System 2 Solar Panels (Freestanding) greater than 28 m Solar Panels (Wall Mounted) Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to the Permitted or Discretionary Uses and conform to the purpose of this District. MINIMUM PARCEL SIZE: 1.2 ha MAXIMUM BUILDING HEIGHT: 12.0 m for the Principal Building 12.0 m for Accessory Buildings MINIMUM SETBACKS: PRINCIPAL AND ACCESSORY BUILDINGS Front Yard Side Yard Rear Yard 30.0 m from County Roads 30.0 m from County Roads 30.0 m from County Roads Determined by AT for Highway Determined by AT for Highway Determined by AT for Highway 3.0 from other parcels 3.0 from other parcels ADDITIONAL REQUIREMENTS: The Development Authority may require special standards such as, but not limited to, access, siting and servicing to ensure the compatibility of any proposed development with potential or existing adjacent development. No large-scale subdivision or development within this district shall be approved prior to a Land Use Redesignation of the land to a more suitable district. Schedule A R-MAN Residential, Manufactured Home Park District PURPOSE: To permit and regulate manufactured home parks comprised of multiple lots. PERMITTED USES: DISCRETIONARY USES: Accessory Building/Structure Addition Addition Tiny Home/Park Model Dwelling (Manufactured Home) Solar Panels (Wall Mounted) Park Utilities Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to the Permitted or Discretionary Uses and conform to the purpose of this District. MINIMUM PARCEL SIZE: 5.0 ha MINIMUM LOT SIZE (per unit): Lot Width Lot Depth 12.0 m 36.0 m 16.5 m, corner parcel MAXIMUM BUILDING HEIGHT: 4.9 m MINIMUM SETBACKS: PRINCIPAL BUILDING Front Yard Side Yard Rear Yard 6.0 m from internal subdivision roads 1.5 m 6.0 m from internal subdivision roads 3.0 m corner lot street side ACCESSORY BUILDINGS Front Yard Side Yard Rear Yard No accessory buildings permitted 1.0 m 1.0 m No accessory buildings permitted on road-facing side MAXIMUM SITE COVERAGE: At the discretion of the Development Authority. ADDITIONAL REQUIREMENTS: All internal roads shall have a right-of-way width of at least 7.0 m and be hard surfaced, well drained and maintained. All internal pathways shall be at least 1.0 m in width, providing safe, convenient, all-season pedestrian access between units, parks, and community facilities. All areas occupied by dwelling units, internal roads or pathways shall be fully landscaped to the satisfaction of the Development Authority. A minimum of 5% of the gross site area shall be devoted to recreational space. Each lot shall accommodate two (2) parking stalls. Visitor parking shall be provided as a ratio of at least one space for every two (2) Dwelling (Manufactured Home) units, located at convenient locations throughout the park. One (1) freestanding sign may be erected at the entrance to the manufactured home park. Schedule A R-HAM Residential, Hamlet District PURPOSE: To provide for an urban living environment within Hamlets. PERMITTED USES: DISCRETIONARY USES: Accessory Building/Structure Bed & Breakfast Addition Care Facility (Group) Care Facility (Child) Care Facility (Seniors) Dwelling (Single Detached) Dwelling (Manufactured Home) Dwelling (Duplex) Dwelling (Multi-Unit) Park Home-Based Business Type Two (HBB2) Utilities Live/Work Unit Mixed Use Building Secondary Suite (Internal) Solar Panels (Wall Mounted) Tiny Home/Park Model Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to the Permitted or Discretionary Uses and conform to the purpose of this District. MINIMUM PARCEL SIZE: 0.18 ha for unserviced parcels 0.14 ha for parcels with municipal water only 0.09 ha for parcels with municipal sewer only MINIMUM PARCEL SIZES FOR LOTS SERVICED WITH MUNICIPAL WATER AND SEWER: Dwelling (Multi-Unit) Single Detached Duplex Row/Townhouse 0.046 ha 0.065 ha (for 2 units) 0.015 ha (end units) 0.074 ha 0.23 ha (interior units) MAXIMUM DENSITY: One (1) dwelling unit per parcel and one (1) Secondary Suite, except for Dwelling (Multi-Unit). MAXIMUM BUILDING HEIGHT: 11.0 m for the Principal Building 5.0 m for Accessory Buildings/Structures MINIMUM SETBACKS: PRINCIPAL DWELLING Front Yard Side Yard Rear Yard 6.0 m 1.5 m 6.0 m 3.0 m corner lot street side PRINCIPAL DWELLING (HAMLET OF LAKE NEWELL RESORT) Front Yard Side Yard Rear Yard 3.0 m 1.5 m 3.0 m 3.0 m corner lot street side ACCESSORY BUILDINGS Front Yard Side Yard Rear Yard No accessory buildings permitted 1.5 m 1.5 m MAXIMUM SITE COVERAGE: 45% ADDITIONAL REQUIREMENTS: ALL DISCRETIONARY USE APPLICATIONS SHALL BE REFERRED TO THE appropriate Hamlet Advisory Committee and/or Condominium Association for comment. Schedule A B-HAM Business, Hamlet District PURPOSE: To provide for commercial and light industrial development within Hamlets to serve local residents and the surrounding rural community. PERMITTED USES: DISCRETIONARY USES: Accessory Building/Structure Agriculture (Processing) Addition Animal Health (Small Animal) Care Facility (Child) Alcohol Production Establishment (Eating & Drinking) Cannabis Retail Farmers Market Care Facility (Clinic) Government Services Car/Truck Wash Office Establishment (Entertainment) Park Establishment (Restricted) Recreation (Indoor) Funeral Home Religious Assembly Gas Station Retail (Small) Hotel/Motel Vehicle Services Industrial (Light) Utilities Live/Work Unit Marina Mixed Use Building Recreation (Outdoor) Recycling/Compost Facility Retail (General) Retail (Outdoor) Retail (Restricted) Self Storage Shipping Container Solar Panels (Wall Mounted) Trade School Vehicle Sales Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to the Permitted or Discretionary Uses and conform to the purpose of this District. MINIMUM PARCEL SIZE: 0.18 ha for unserviced parcels 0.14 ha for parcels with municipal water only 0.09 ha for parcels with municipal sewer only MAXIMUM BUILDING HEIGHT: 11 m for the Principal Building 7.3 m for Accessory Buildings/Structures MINIMUM SETBACKS: MAIN AND ACCESSORY BUILDINGS Front Yard Side Yard Rear Yard 6.0 m 3.0 m 6.0 m MAXIMUM SITE COVERAGE: 50% ADDITIONAL REQUIREMENTS: All Discretionary Use applications shall be referred to the appropriate Hamlet Advisory Committee and/or Condominium Association for comment. Solar Panel (Freestanding) are not permitted in this District. Schedule A B-RUR Business, Rural District PURPOSE: To provide for the location of commercial and light industrial development in rural areas which will not compromise agricultural operations. PERMITTED USES: DISCRETIONARY USES: 22 Accessory Building/Structure ≤500 m Accessory Building/Structure >500 m Addition Alcohol Production Agriculture (Intensive) Animal Health (Inclusive) Agriculture (Processing) Auction Market Establishment (Eating & Drinking) Bulk Fuel Government Services Establishment (Restricted) Industrial (Light) Gas Station Office Hangar Park Kennel Retail (Outdoor) Industrial (Logistics) Retail (Small) Industrial (Medium) Farmers Market Live/Work Unit Recreation (Indoor) Recreation (Outdoor) Religious Assembly Recycling/Compost Facility Shipping Container Retail (General) Utilities Retail (Restricted) Self Storage Surveillance Suite Truck Stop Vehicle Sales Vehicle Services 2 Solar Panels (Freestanding) greater than 28 m Solar Panels (Wall Mounted) Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to the Permitted or Discretionary Uses and conform to the purpose of this District. MINIMUM PARCEL SIZE: 0.8 ha MAXIMUM BUILDING HEIGHT: 10.0 m MINIMUM SETBACKS: PRINCIPAL AND ACCESSORY BUILDINGS Front Yard Side Yard Rear Yard 30.0 m from County Roads 15.0 m from County Roads 15.0 m from County Roads Determined by AT for Highway Determined by AT for Highway Determined by AT for Highway 3.0 from other parcels 3.0 from other parcels MAXIMUM SITE COVERAGE: 50% ADDITIONAL REQUIREMENTS: Commercial, Industrial and other uses shall provide at least one off-street loading area. Schedule A I-GEN Industrial, General District PURPOSE: To allow for industrial development in rural locations where the potential risks to the environment and impacts on adjacent landowners are minimized. PERMITTED USES: DISCRETIONARY USES: Accessory Building/Structure Agriculture (Regulated) Addition Alcohol Production Agriculture (Intensive) Auction Market Agriculture (Processing) Bulk Fuel Animal Health (Inclusive) Cannabis Production Gas Station Cannabis Retail Industrial (Light) Industrial (Medium) Industrial (Logistics) Industrial (Heavy) Office Kennel Shipping Container Recreation (Indoor) Solar Panels (Wall Mounted) Recreation (Outdoor) Utilities Recycling/Compost Facility Self Storage 2 Solar Panels (Freestanding) greater than 28 m Surveillance Suite Truck Stop Vehicle Sales Vehicle Services Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to the Permitted or Discretionary Uses and conform to the purpose of this District. MINIMUM PARCEL SIZE: 0.8 ha MAXIMUM BUILDING HEIGHT: 20.0 m MINIMUM SETBACKS: PRINCIPAL AND ACCESSORY BUILDINGS Front Yard Side Yard Rear Yard 30.0 m from County Roads 15.0 m from County Roads 15.0 m from County Roads Determined by AT for Highway Determined by AT for Highway Determined by AT for Highway 3.0 from other parcels 3.0 from other parcels MAXIMUM SITE COVERAGE: 50% ADDITIONAL REQUIREMENTS: Proposed Agricultural (Regulated) or Industrial (Heavy) development that is considered by the Development Authority to be potentially noxious or hazardous, when located within the plan area of an Intermunicipal Development Plan (IDP) shall respect the policies of that IDP. Proposed Agricultural (Regulated) or Industrial (Heavy) development that is considered by the Development Authority to be potentially noxious or hazardous, should not be approved within 1.6 km of any Hamlet, public park, recreation area, or environmentally significant area. Schedule A S-PPS Special, Parks and Public Services District PURPOSE: To provide for publicly owned services and facilities and appropriate interfaces with adjacent uses, Including public parks and recreation areas and lands dedicated as municipal and school reserve. PERMITTED USES: DISCRETIONARY USES: 22 Accessory Building/Structure ≤190 m Accessory Building/Structure >190 m Addition Exhibition Grounds Government Services Boat Launch Park Campground School Recreation (Indoor) Utilities Recreation (Outdoor) Shipping Container 2 Solar Panels (Freestanding) greater than 28 m Solar Panels (Wall Mounted) Those uses, not otherwise defined in the Bylaw, which in the opinion of the Development Authority are similar to the Permitted or Discretionary Uses and conform to the purpose of this District. PARCEL SIZE: At the discretion of the Development Authority. MAXIMUM BUILDING HEIGHT: At the discretion of the Development Authority. MINIMUM SETBACKS: At the discretion of the Development Authority. MAXIMUM SITE COVERAGE: At the discretion of the Development Authority. EXCEPTIONS: For parcels governed by provincial or federal legislation, any uses consistent with the provincial or federal regulations attached to those parcels will be considered Permitted Uses. Schedule A Section 6 – Glossary Campground means a use where Recreational Vehicles, tents or short-term accommodations, are use for recreation, and is not normally used as a year-round storage or for permanent dwellings. A campground may include accessory buildings, including, but not limited to, administrative offices, eating and cooking shelters, washroom and shower facilities, playgrounds, food concessions, retail, laundry facilities, fire pits, firewood storage, water supply, sewage disposal facilities, waste collection and recycling facilities. *NEW* School, Colony means a place of instruction in a building that is not utilized as a dwelling and located on a farm where the students reside on the farm. This does not include home schooling.