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HomeMy WebLinkAbout2108-25 25 LUA 005 (Text Amendments - Solar & Setbacks)COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA BYLAW NO. 2108-25 BEING a bylaw of the County of Newell in the Province of Alberta, to amend Bylaw No. 2016-21, being the Land Use Bylaw; WHEREAS the Council of the County of Newell wishes to amend Section 2: Development Process, with additions to Table 2 — Development Not Requiring a Permit in accordance with Schedule 'A' attached. AND WHEREAS the Council of the County of Newell wishes to amend Section 4: Specific Uses and Activities, with the additions to 4.21 Solar Panels (Freestanding) in accordance with Schedule 'A' attached. AND WHEREAS the Council of the County of Newell wishes to amend Section 5: Land Use Districts, 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. The sections of Land Use Bylaw 2016-21 be amended as indicated in Schedule 'A'. 3. Bylaw No. 2016-21 is hereby amended and consolidated. 4. This bylaw shall come into effect upon third and final reading hereof. September 25, 2025 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 2108-25 receive FIRST reading. MOTION CARRIED October 30, 2025 MOVED BY COUNCILLOR ADENA SKANDERUP that Bylaw 2108-25 receive SECOND reading. MOTION CARRIED October 30, 2025 MOVED BY COUNCILLOR KELLY CHRISTMAN that Bylaw 2108-25 receive THIRD and FINAL reading. MOTION CARRIED Re e — Arno Doerksen Chief Administrative Officer — Matt Fenske 2 4 SECTION TWO Development Process Table 2 – Development Not Requiring a Development Permit Development Permit Not Required Solar Panels (Freestanding) a) That is 28 m2 or less in area, provided that all setbacks and height regulations of the District are met, in compliance with Section 4.20 ‘Solar Panels (Freestanding)’, where it is listed as a permitted use. b) Notwithstanding a), in the A-GEN an Agriculture District Solar Panels (Freestanding) that are less than 56m2 in area do not require a development permit, except for when located within the plan area of the Intermunicipal Development Plan with the Village of Duchess, where all Solar Panels (Freestanding) are a discretionary use. Solar Panels (Roof Top) In compliance with the Alberta Building Code and Section 4.21 ‘Solar Panels (Roof Top)’. Stripping, Grading, Excavation and Fill a) The placing of up to 1.0 m of fill and topsoil adjacent to or within 15.0 m of a building under construction that has a valid Building Permit, during the course of the construction to be used to establish approved final grades, and b) The excavation up to 2.0 m adjacent to or within 15.0 m of a building under construction that has a valid Building Permit, du ring the course of the construction to be used to establish approved final grades. Antenna Systems Telecommunication antenna systems that are federally regulated and comply with the regulations in Section 3.12 ‘Antenna Systems’. Temporary Accommodation The occupation of a Recreational Vehicle on private property: a) In an Agricultural District for a period of less than sixty (60) days, or b) In a Residential District for a period of less than fourteen (14) days. SECTION FOUR Specific Uses and Activities 4.21 SOLAR PANELS (FREESTANDING) General Requirements a) A Development Permit is not required for Solar Panels (Freestanding) provided they are smaller than 56m2 in an Agricultural General (A-GEN) Agricultural District and smaller than 28 m2 in all other Districts where listed as a permitted use, so long as they comply with the above Requirements and all setbacks and height regulations of the Land Use District. b) A Development Permit is required for Solar Panels (Freestanding) that are larger than 56 m2 in an Agricultural General (A-GEN) District and larger than 28 m2 in all other Districts, where they are listed as a use. and a Development Permit application will respond to the above noted requirements and all setbacks and height regulations of the Land Use District. c) The size of the Solar Panels (Freestanding) will be calculated based on the component of the development that creates the greatest overall footprint. This calculation must include the full surface area of the panels when positioned at their most horizontal angle and any associated racking or support structures. Site Requirements d) Shall be located such that it does not create undue glare on neighbouring parcels or roadways. e) Shall not be located in the front yard or side yard of a parcel smaller than 1.2 ha. 5 Development Permit Requirements f) A Development Permit is not required for Solar Panels (Freestanding) with an area of 28 m2 or less so long as they comply with the above Requirements. g) A Development Permit is required for Solar Panels (Freestanding) with an area greater than 28 m2 and a Development Permit application will respond to the above noted Requirements. h) a Development Permit application will respond to the above noted requirements and all setbacks and height regulations of the Land Use District. i) Installations of Solar Panels (Freestanding) larger than 1MW 5MW (approximately 8 hectares in size) shall be circulated to adjacent landowners and require Alberta Utilities Commission (AUC) approval. SECTION FIVE Land Use Districts 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) Solar Panels (Freestanding) ≤930 m2 Kennel Utilities Live/Work Unit Pit or Quarry Recreation (Indoor) Recreation (Outdoor) Riding Arena Religious Assembly 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 (Freestanding) greater than > 930 m2 Solar Panels (Wall Mounted) Tiny Home/Park Model EXCEPTIONS FOR THE A-GEN DISTRICT WITHIN THE PLAN AREA OF THE INTERMUNICIPAL DEVELOPMENT PLAN WITH THE VILLAGE OF DUCHESS: a) The Following Uses are Discretionary: i. Agriculture Buildings ii. Government Services b) The Following Uses are Prohibited: i. Agriculture (Processing) ii. Agriculture (Regulated) iii. Bunk House iv. Boat Launch v. Campground vi. Dwelling Unit (Multi Unit) In Hutterite Colony only vii. Park viii. Pit or Quarry ix. Recreation (Indoor) x. Recreation (Outdoor) xi. Small Wind Energy System xii. Solar Panels (Freestanding) greater than 56 m2, and xiii. Tiny Home/Park Model 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 10.0m from Subdivision Roads 10.0m from Subdivision Roads 10.0m from Subdivision 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 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) Secondary Suite (External) Industrial (Light) Secondary Suite (Internal) Kennel Small Wind Energy System Live/Work Unit Solar Panels (Freestanding) ≤ 930 m2 Riding Arena Utilities More than two (2) Shipping Containers Secondary Suite (External) Secondary Suite (Internal) Solar Panels (Freestanding) greater than 28 m2 Solar Panels (Freestanding) > 930 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 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 10.0m from Subdivision Roads 10.0m from Subdivision Roads 10.0m from Subdivision 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 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) Solar Panels (Freestanding) ≤ 930 m2 Dwelling (Single Detached) Utilities 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 (Freestanding) > 930 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 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 10.0m from Subdivision Roads 10.0m from Subdivision Roads 10.0m from Subdivision 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 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. 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: Accessory Building/Structure ≤500 m2 Accessory Building/Structure >500 m2 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) Solar Panels (Freestanding) < 28 m2 Retail (Restricted) Utilities Self Storage Surveillance Suite Truck Stop Vehicle Sales Vehicle Services Solar Panels (Freestanding) > 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 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 10.0m from Subdivision Roads 10.0m from Subdivision Roads 10.0m from Subdivision 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 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 (Freestanding) > 28 m2 Recreation (Outdoor) Solar Panels (Wall Mounted) Recycling/Compost Facility Utilities Self Storage Solar Panels (Freestanding) > 28 m2 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 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 10.0m from Subdivision Roads 10.0m from Subdivision Roads 10.0m from Subdivision 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 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: Accessory Building/Structure ≤190 m2 Accessory Building/Structure >190 m2 Addition Exhibition Grounds Government Services Boat Launch Park Campground School Recreation (Indoor) Solar Panels (Freestanding) < 28 m2 Recreation (Outdoor) Utilities Shipping Container Solar Panels (Freestanding) > 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.