HomeMy WebLinkAboutBylaw 2130-26 Schedule_A_Agriculture BuildingsBylaw 2130-26 Schedule ‘A’
2 SECTION TWO
Development Process
Table 1 – Development Not Requiring a Development Permit
Development Permit Not Required
Accessory
Building/Structure
The placement or construction of an Accessory Building/Structure with a footprint smaller than 10 m 2 where it
complies with the District’s setbacks, up to a maximum of 3 Buildings / Structures.
Aggregate Operations The extraction and processing exclusively by the County of Newell, its authorized agents or Alberta Transportation, of
sand, gravel, or other earth materials and including asphalt or concrete mixtures for any County purpose within the
County.
Agriculture (General) Where Agriculture (General) is listed as a Permitted Use.
Agricultural Building The placement or construction of an Agricultural Building in an A-GEN parcel that is greater than 16.2 ha, in
compliance with Section 3.9 ‘Agricultural Buildings’ and is listed as a permitted use.
Agricultural Structure The placement or construction of an Agricultural Structure on an Agriculture parcel, in compliance with Section
4.2 ‘Agricultural Structures’ and is listed as a permitted use.
Building Demolition The Demolition or Removal, in compliance with Section 4.3 ‘Building Demolition or Removal’.
Confined Feeding &
Manure Storage
Confined Feeding Operations and Manure Storage Facilities pursuant to the Agricultural Operations Practices Act
(AOPA).
Deck, Uncovered An uncovered deck or patio connected to the Principal Building.
Decorations Seasonal or holiday decorations.
Driveways So long as it does not impact existing grades and does not exceed the width of a garage or carport at the end of
the driveway. Driveways that are not connected to a garage or carport are limited to 5.0 m in width i n alignment
with Section 3.18 ‘Driveways’.
Dugouts and Ponds Dugouts or ponds for agricultural purposes in an A-GEN parcel that is greater than 16.2 ha, in compliance with
Section 3.36 ‘Dugouts & Ponds’.
Fences and Gates In alignment with Section 3.38 ‘Fencing’.
Poles Less than 4.5 m in height.
Government Services
& Utilities
The installation, maintenance of and repair of public works, roads, provincial highways, facilities and/or utilities carried
out by or on behalf of federal, provincial, or local authorities.
HBB1 Home-Based Business Type One (HBB1) in all Districts.
Landscaping Provided that it meets the applicable setbacks to all roadways in accordance with the Bylaw and where the proposed
grades will not adversely affect the subject or an adjacent parcel.
Livestock The keeping of Livestock where Agriculture (General) is a permitted use
Maintenance or
Repair
Routine maintenance to any building or structure, provided that such work:
a) complies with the requirements of the Alberta Building Code,
b) does not constitute structural alterations, and
c) does not change the use or intensity of the use of the building or structure.
Oil & Gas
Development
Pursuant to Section 618 of the MGA, the installation of a well or battery within the meaning of the Oil and Gas
Conservation Act, a pipeline or installation of a structure incidental to the operation of a pipeline.
Outdoor Fire Pit The construction or installation of a fire pit, that complies with ‘County of Newell Fire Bylaw 1958 -19’, as amended.
Road Repair Repairing or resurfacing of existing an approved private gravel access road when approved grades are unchanged.
Retaining Walls Less than 1.0 metres in height. If a fence is placed on top of a retaining wall, the height of the retaining wall
factors into the total height of the fence.
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.
Signs See Section 3.59 ‘Signs Not Requiring a Permit’.
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)’.
b) Notwithstanding a), in the A-GEN 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
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3
Development Permit Not Required
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
e) 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
f) 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, during 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 THREE
General Regulations
3.9 AGRICULTURAL BUILDINGS
a. Agricultural Buildings shall not be located within:
i. 30.0 m from the right-of-way of any road,
ii. 30.0 m from a naturally occurring water body or outside the 1:100 flood levels, whichever distance
is greater, and/or
iii. A flood hazard area.
SECTION FOUR
Specific Uses and Activities
4.2 AGRICULTURAL BUILDINGS
General Requirements
a. Agriculture Building shall not have a human occupancy of more than one person per 40 m2 (430 ft2)
of floor area during normal use.
Site Requirements
b. Agricultural Buildings shall not be located within:
i. 30.0 m from the right-of-way of any road,
ii. 30.0 m from a naturally occurring water body or outside the 1:100 flood levels,
whichever distance is greater, and/or
iii. A flood hazard area.
iv. No part of a building or structure shall be located on a registered right-of-way
or utility easement.
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5
c. Agricultural Structures must not be sited over property lines adjacent to a road allowance without
proper authorization.
Development Permit Requirements
d. A Development Permit application will respond to the above noted requirements.
e. Should the use of an Agricultural Building or Agricultural Structure change, and a Development
Permit will be required prior to the change of use.
4.3 AGRICULTURAL STRUCTURES
a. Agricultural Structures shall not be located within:
i. 30.0 m from a naturally occurring water body or outside the 1:100 flood levels, whichever
distance is greater, and/or
ii. A flood hazard area.
b. Agriculture Structures must be movable and not built on a permanent foundation.
c. Agricultural Structures must:
iii. not be used for residential, commercial, industrial or public purposes
iv. not be connected to utility services, including electricity, gas or plumbing
v. not be larger than 75m2 (807 ft2)
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)
Agricultural Structure Agriculture (Regulated)
Agriculture (General) Bed & Breakfast
Dwelling (Manufactured Home) Boat Launch
Dwelling (Multi-Unit) in a Hutterite Colony only Bunk House
Dwelling (Single Detached) Cemetery
Farm Gate Sales Campground
Government Services Farmers Market
Park Home-Based Business Type Two (HBB2)
School, Colony Kennel
Utilities Live/Work Unit
Pit or Quarry
Recreation (Indoor)
Recreation (Outdoor)
Riding Arena
Religious Assembly
Bylaw 2130-26 Schedule ‘A’
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.
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)
Agricultural Building Agriculture (Processing)
Agricultural Structure Animal Health (Small Animal)
Agriculture (General) 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
Utilities Secondary Suite (External)
Secondary Suite (Internal)
Solar Panels (Freestanding) greater than 28 m2
Solar Panels (Wall Mounted)
Tiny Home/Park Model
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A-HAM, Agriculture, Hamlet Transitional
PURPOSE: To allow for temporary Agricultural use on undeveloped parcels within Hamlets.
PERMITTED USES: DISCRETIONARY USES:
Addition Agriculture Building
Agricultural Structure 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
SECTION SIX
Glossary
This section provides definitions for terms used within the Land Use Bylaw.
AGRICULTURAL BUILDING means any building or structure associated with agriculture or grazing, including corrals,
stockpiles, haystacks, grain bins and barns
AGRICULTURAL BUILDING means any building used exclusively for the housing of livestock, and/or storage, sorting,
grading of agricultural products that have not undergone secondary processing and/or the storage of machinery,
equipment or vehicles that are used in connection with the growing of farm crops or the care of farm animals and has
low human occupancy. Typical uses include shops, barn, storage buildings, grain bins. This does not include a
Commercial Greenhouse, Feed Mill or Fertilizers Plant.
AGRICULTURAL STRUCTURE means any structure used in connection with an agriculture operation that is not
permanently affixed to land, is designed to be moveable, and can be relocated without substantial disassembly or
demolition. Typical uses include portable livestock shelters, corrals, irrigation systems, grain bins not on permanent
foundations.