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HomeMy WebLinkAbout2075-24 Land Use Bylaw 2016-21 Text AmendmentsCOUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 2075-24 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 3: General Regulations to include Attached Garage, in accordance with Schedule 'A' attached. AND WHEREAS the Council of the County of Newell wishes to amend Section 4: Specific Uses and Activities to include amendments to Live/Work Units, in accordance with Schedule `A' attached. AND WHEREAS the Council of the County of Newell wishes to amend of the Section 5: Land Use Districts to include Secondary Suites to the discretionary uses within the A-GEN, A-SML, A-HAM, R-RUR, and R-HAM land use districts in accordance with Schedule `A' attached. AND WHEREAS the Council of the County of Newell wishes to amend of the Section 5: Land Use Districts to include Live/Work Unit to the discretionary uses within the A-GEN land use district and remove Live/Work Unit from the 6-HAM land use district, in accordance with Schedule `A' attached. AND WHEREAS the County of the County of Newell wishes to amend Section 6— Glossary of the Land Use Bylaw to amend the definitions of Accessory Building, Buildings — Common Terms, Dwelling (Single Detached) and Live/Work Unit, 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. May 23, 2024 MOVED BY COUNCILLOR ADENA SKANDERUP that Bylaw 2075-24 receive FIRST reading. MOTION CARRIED June 20, 2024 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 2075-24 receive SECOND reading. MOTION CARRIED June 20, 2024 MOVED BY COUNCILLOR HOLLY JOHNSON that Bylaw 2075-24 receive THIRD and FINAL reading. MOTION CARRIED L% /Z� �� Reeve — Arno Doerksen Chief Administrative Officer — Matt Fenske 1 County of Newell Land Use Bylaw 3 4 SECTION THREE General Regulations This section outlines general regulations that apply to development within the County. 3.9 ATTACHED GARAGE a) An attached garage is considered to be part of the principal building and must be subordinate to the dwelling. SECTION FOUR Specific Uses and Activities This section outlines specific regulations that apply to particular types of development within the County. 1.3 LIVE/WORK UNITS General Requirements The use of the non-residential portion of live/work units shall be limited to the permitted and discretionary uses in the appropriate District. The dwelling unit shall be part of and contiguous with the building that contains the non-residential use, The minimum size of a dwelling unit shall be 37 m2. The non-residential component of a live/work unit will be a minimum of twenty-five (25%) seventy-five percent (75%) of the gross floor area. Site Requirements The Development Authority may require that each use has its own separate utility servicing lines and infrastructure provided. Separate entrances shall be provided for the non-residential and residential uses. Each entrance shall have direct or indirect (via a hallway) access to a public street. The Development Authority shall consider whether the building is compatible with the character of the District in which the Live/Work Unit is proposed to be located. Development Permit Requirements A Development Permit application will respond to the above noted Requirements. An Applicant shall be required to submit a Floor Plan of the Live/Work Unit. 2 County of Newell Land Use Bylaw 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: Accessory Building/Structure ≤930 m2 Accessory Building/Structure >930 m2 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 Live/Work Unit More than five (5) Shipping Containers Secondary Suite (External) Secondary Suite (Internal) Small Wind Energy System Solar Panels (Freestanding) greater than 56 m2 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 (1) 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 • One (1) Secondary Suite 3 County of Newell Land Use Bylaw 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: Accessory Building/Structure ≤930 m2 Accessory Building/Structure >930 m2 Addition Agriculture (Intensive) Agriculture (General) Agriculture (Processing) Dwelling (Manufactured Home) Animal Health (Small Animal) Dwelling (Single Detached) Bed & Breakfast Farm Gate Sales Farmers Market Park Home-Based Business Type Two (HBB2) Small Wind Energy System Industrial (Light) Utilities Kennel Live/Work Unit Riding Arena More than two (2) Shipping Containers Secondary Suite (External) Secondary Suite (Internal) Solar Panels (Freestanding) greater than 28 m2 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 4 County of Newell Land Use Bylaw 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 (External) Secondary Suite (Internal) Shipping Container Small Wind Energy System Solar Panels (Freestanding) greater than 28 m2 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. 5 County of Newell Land Use Bylaw R-RUR Residential, Rural District PURPOSE: To provide for acreage residential or clustered development on parcels that can support private water and sewer systems in agricultural areas. PERMITTED USES: DISCRETIONARY USES: Accessory Building/Structure ≤140 m2 Accessory Building/Structure >140 m2 Addition Bed & Breakfast Dwelling (Single Detached) Dwelling (Duplex) Dwelling (Manufactured Home) Home-Based Business Type Two (HBB2) Park Secondary Suite (External) Utilities Secondary Suite (Internal) Shipping Container Small Wind Energy System Solar Panels (Freestanding) greater than 28 m2 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: 0.4 ha 0.2 ha for clustered development with communal water and sewer systems MAXIMUM PARCEL SIZE: 1.2 ha MAXIMUM DENSITY: One (1) dwelling unit per parcel and one (1) Secondary Suite MAXIMUM BUILDING HEIGHT: 11.0 m for the Principal Building 5.0 m for Accessory Buildings/Structures < 0.8 ha 7.0 m for Accessory Buildings/Structures >0.8 ha 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 6.0 m from internal subdivision roads 3.0 from other parcels 3.0 from other parcels CLUSTERED DEVELOPMENT 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 internal subdivision roads 1.5 m from other parcels 3.0 m from other parcels 3.0 m corner lot street side MAXIMUM SITE COVERAGE: 45% EXCEPTIONS: Parcels less than the minimum requirements at the time of adoption of this Bylaw shall be deemed to be compliant. 6 County of Newell Land Use Bylaw 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 Mixed Use Building Secondary Suite (External) 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: Single Detached Duplex Row/Townhouse Dwelling (Multi-Unit) 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. 7 County of Newell Land Use Bylaw 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. 8 County of Newell Land Use Bylaw 6 SECTION SIX Glossary This section provides definitions for terms used within the Land Use Bylaw. Please note, definitions pertaining to specific uses are HIGHLIGHTED below: ACCESSORY BUILDING means a building, with or without a permanent foundation, which is subordinate or incidental to the Principal Use or Principal Building located on the same site. Typical accessory buildings include, but are not limited to, soft-shelled buildings, detached-garages or shops, sheds, chicken coop etc. BUILDING – COMMON TERMS a) ATTACHED GARAGE mean a garage that is attached and subordinate to the principal building. b) BASEMENT means that portion of a building or structure which is wholly or partially below grade, not exceeding 1.8 m above grade. c) CANOPY means a non-retractable solid projection extending from the wall of the building intended to be used as a protection against weather, other than normal architectural features such as lintels, sills, moldings, architraves and pediments, but includes the structure known as the theatre marquee. d) CANTILEVER means a long projecting beam or girder fixed at only one end. e) CAR PORT means a covered open-walled structure that is attached to the principal building. f) DECK means an above grade open-sided roofless platform that is detached or adjoining a building. g) DRIVEWAY means a gravel or hard‐surfaced area used for parking vehicles on private property, often connecting a house, garage or car port with a road. h) EAVE means the overhang or extension of a roof line beyond the vertical wall of a building. i) FOUNDATION means the lower portion of a building, usually concrete or masonry, and includes the footings, which transfers the weight of and loads on a building to the ground. j) PARAPET means a low wall or railing to protect the edge of a roof. k) PATIO means an uncovered open platform or area situated directly on the ground. l) PORCH means a roofed structure having direct access to and projecting from the principal building with walls that are unenclosed and open to the extent of at least 50% and may be glazed or screened. DWELLING (SINGLE DETACHED) means a dwelling which is supported on a permanent foundation or basement, irrespective of the construction method of the dwelling (constructed onsite, modular or ready-to-move), and any attached garages. LIVE/WORK UNIT means a building with a combination of residential and light industrial, commercial or agricultural activity on a single parcel, with the light industrial, commercial or agricultural activity as the primary use.