HomeMy WebLinkAbout2016-21 Land Use BylawCounty of Newell
Bylaw No. 2016-21 Consolidated to No. 2090-25 March 2025
LAND USE
BYLAW
Bylaw No.Amendment Description Legal Land Description Passed
2019-21 "Residential - Rural District (R-RUR)" to "Business - Rural District (B-
RUR)"
Lot 7, Block 1, Plan 0915147
6-Jan-22
2030-22 "Agriculture - General District (A-GEN)" to Business - Rural District (B-
RUR)"
Block A, Plan 7910693 within SE 34-18-
14-W4 21-Apr-22
2031-22
Text Amendments of prohibited specific uses within the plan area of the
Intermunicipal Development Plan with the Village of Duchess to the
Agriculture - General Land District (A-GEN)19-May-22
2033-22 "Agriculture - General District (A-GEN)" to Industrial - Rural District (I-
GEN)"
NW 28-17-21-W4
19-May-22
2034-22 Text amendment to add 'self storage' as a discretionary use in the
"Business - Hamlet District (B-HAM)"9-Jun-22
2035-22 "Special, Parks and Public Service District (S-PPS)" to Business -
Hamlet District (B-HAM)"
Lot 26, Block 5, Plan 0514207
9-Jun-22
2036-22 "Agriculture - General District" to Direct Control District"Block 1, Plan 9311870, SW 17-18-14-
W4, SE 17-18-14-W4,21-Jul-22
2037-22 "Agriculture, General District (A-GEN)" to Residential, Rural District
(R-RUR)"
SE 06-20-14-W4
11-Aug-22
2038-22 "Agriculture, General District (A-GEN)" to Residential, Rural District
(R-RUR)"
Block 1, Plan 8811163, SW 30-22-16-W4
20-Oct-22
2039-22
Text Amendments to Section 2 - Development Permit Process, Section 2,
Table 2 - Development Not Requiring a Development Permit, Section 5,
"Agriculture - General District (A-GEN)" and
Section 6 - Glossary 20-Oct-22
2047-23 "Residential, Rural District (R-RUR) to Agriculture, Small Lot District
(A-SML)"
Lot 1, Block X, Plan 7811556
9-Mar-23
2048-23 "Residential, Rural District (R-RUR) to Agriculture, Small Lot District
(A-SML)"
Lot 2, Block X, Plan 7811556
9-Mar-23
2049-23 "Agriculture, General District (A-Gen) to Industrial, General District (I-
GEN)"
PT. SW 4-23-18W4
23-Mar-23
2056-23
"Agriculture, General District (A-GEN)" to Business, Rural District (B- RUR)"The portion of the NW 34-18-14W4 which lies
north of road Plan 8310709 and west of Plan
IRR437
25-May-23
"Residential, Rural District (R-RUR) to Residential, Hamlet District (R- HAM)"
Hamlet of Tilley PT. NE 24-17-13W4; &
Plan 0813191, Block 1, Lot 1;
& Plan 0111253, Block 1, Lot 2;
& Plan 0111253, Block 1, Lot 3;
& Plan 8110850, Lot 1
"Business, Rural District (B-RUR) to Business, Hamlet District (B- HAM)"Hamlet of Rolling Hills
PT. NW 31-14-13W4
" Agriculture, General District (A-GEN) to Special, Parks and Public Services
District (S-PPS)"
Hamlet of Bow City
PT. SE 14-17-17W4
2067-24 "Agriculture, General District to Residential, Rural District"PT. SE 7-20-14-W4
11-Apr-24
County of Newell Land Use Bylaw 2016-21 - Amendments
2058-23
10-Aug-23
2066-24 Text amendments to the following sections: Table 2: Development Not
Requiring a permit, 3.10 Accessory Buildings/Structures, 3.58 Signs Not
Requiring a Permit, 4.14 Live/Work Units, 4.17 Secondary Suites and amend
Section 5 - Changes to permit and discretionary uses in the Agricultural,
General District (A-GEN), Agriculture, Small Lot (A-SML), Agricultural, Hamlet
Transitional (A-HAM), Residential, Manufactured Home Park District (R-
MAN), Residential, Hamlet District (R-HAM), Business Hamlet District (B-
HAM), Business Rural District (B-RUR), Industrial, General District (I-GEN) and
Special Parks and Public Services District (S-PPS) Land Use Districts and
amend Section 6 - Glossary to amend the definition of Campground, and add
a definition for School Colony
25-Apr-24
2075-24 Text amendments to the following sections: to amend Section 4: Specific
Uses and Activities to include amendments to Live/Work Units. To amend of
the Section 5: Land Use Districts to include Secondary Suites to the
discretionary uses with the Agriculture, General District (A-GEN), Agricultural,
Small Lot (A-SML), Agriculture, Hamlet Transitional (A-HAM), Residential,
Rural District (R-RUR) and Residential, Hamlet District (R-HAM) land use
district. To amend of the Section 5: Land Use Districts to include Live/Work
Unit to the discretionary uses within the Agriculture, General District (A-GEN)
land use district and remove Live/Work Unit from the Business, Hamlet
District (B-HAM) land use district. 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.
20-Jun-24
2062-23 "Agriculture, General District (A-GEN) to Residential, Rural District (R-RUR)"PT. NE 7-21-15-W4 23-Nov-23
2076-24 "Agriculture, General District (A-GEN) to Agriculture - Small Lot District (A-Plan 6658FE, Block A 05-Sep-24
2082-24 "Agriculture, General District (A-GEN) to Residential, Rural District (R-RUR)"Lot 1 Block 1 Plan 1112945 21-Nov-24
2083-24 "Agriculture, General District (A-GEN) to Agriculture - Small Lot District (A-Plan 7511066, Block A 21-Nov-24
2085-24 "Agriculture, General District (A-GEN) to Residential, Rural District (R-RUR)"NE 7-21-15W4M 19-Dec-24
2088-25 To redesignate the lands at the Bassano Airport from Business - Rural District
(B-RUR) and Special - Parks and Public Service (S-PPS) to Direct Control
District (DC) and establish the uses and rules for the Direct Control District
Plan 0411757 Block 2 Lots 1,2, 5, 7-9, 11-
15, 17-20 Plan 2211195 Block 2, Lot 28
Plan 7911444, Block 1, Plan 2412380
Block 2, Lots 30-47
06-Mar-25
2090-25 Text amendments to the following sections: to amend Section 1: Purpose,
with additions to 1.13 Duties of the Development Authority. To amend
Section 4: Specific Uses and Activities, with the addition of 4.2 Airports. To
amend Section 6: Glossary, with an update to the definitions of Secondary
Suite (External) and Seconday Suite (Internal).
06-Mar-25
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County of Newell
Land Use Bylaw
Table of Contents
Section 1: Purpose
This section introduces readers to the Land Use Bylaw and its jurisdiction, as well as the local Development Authority
and their roles in enforcing and amending the Bylaw.
Jurisdiction ..................................................................................................................................................................... 1
Bylaw Authorities........................................................................................................................................................... 3
Bylaw Enforcement ........................................................................................................................................................ 4
Bylaw Amendments ....................................................................................................................................................... 6
Section 2: Development Process
This section outlines the County’s Development Permit Process and related requirements and procedures.
Development Permit Requirements .............................................................................................................................. 8
Receiving & Reviewing .................................................................................................................................................. 11
Decisions ...................................................................................................................................................................... 12
Conditions .................................................................................................................................................................... 14
Appeals ...................................................................................................................................................................... 15
Completion & Cancellation .......................................................................................................................................... 15
Section 3: General Regulations
This section outlines general regulations that apply to development within the County.
Buildings & Structures ................................................................................................................................................. 17
Parcels ...................................................................................................................................................................... 20
Setbacks ..................................................................................................................................................................... 22
Landscaping & Fencing ................................................................................................................................................ 25
Stripping, Grading, Excavation & Filling ....................................................................................................................... 27
Parking & Loading ........................................................................................................................................................ 29
Signage ...................................................................................................................................................................... 33
Section 4: Specific Uses & Activities
This section outlines specific regulations that apply to particular types of development within the County.
Airports………………………………………………………………………………………………………………………………………………………………………. 40
Bed & Breakfast ........................................................................................................................................................... 42
Building Demolition or Removal ................................................................................................................................ 422
Campground .............................................................................................................................................................. 422
Cannabis Production .................................................................................................................................................... 43
Cannabis Retail ............................................................................................................................................................ 43
Car/Truck Wash ........................................................................................................................................................... 44
Drive-Through .............................................................................................................................................................. 44
Exhibition Grounds ...................................................................................................................................................... 45
Gas Station ................................................................................................................................................................... 45
Home-Based Business Type One (HBB1) ..................................................................................................................... 46
Home-Based Business Type Two (HBB2) ..................................................................................................................... 46
Kennel ...................................................................................................................................................................... 47
Live/Work Units ........................................................................................................................................................... 47
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Land Use Bylaw
Moved-In Buildings ...................................................................................................................................................... 48
Pit or Quarry ................................................................................................................................................................ 48
Secondary Suites (External) ......................................................................................................................................... 49
Secondary Suites (Internal) .......................................................................................................................................... 50
Small Wind Energy System .......................................................................................................................................... 50
Solar Panels (Freestanding) ......................................................................................................................................... 51
Solar Panels (Roof Top) ................................................................................................................................................ 51
Solar Panels (Wall Mounted) ....................................................................................................................................... 51
Section 5: Land Use Districts
This section outlines specific regulation that applies to the County’s Land Use Districts.
DC Direct Control Districts .................................................................................................................................. 53
A-GEN Agriculture, General District .......................................................................................................................... 55
A-SML Agriculture, Small Lot District ........................................................................................................................ 59
A-HAM Agriculture, Hamlet Transitional ................................................................................................................... 60
R-RUR Residential, Rural District .............................................................................................................................. 62
R-MAN Residential, Manufactured Home Park District ............................................................................................. 64
R-HAM Residential, Hamlet District ........................................................................................................................... 65
B-HAM Business, Hamlet District ............................................................................................................................... 66
B-RUR Business, Rural District .................................................................................................................................. 67
I-GEN Industrial, General District ............................................................................................................................ 68
S-PPS Special, Parks and Public Services District ..................................................................................................... 69
S-NOS Special, Natural Open Space District ............................................................................................................. 70
Section 6: Glossary
This section provides definitions for terms used within the Land Use Bylaw.
Schedule A: Land Use Map
Figures
Figure 1 – Determining Building Height ....................................................................................................................... 18
Figure 2 – Corner Visibility Triangle ............................................................................................................................. 21
Figure 3 – Setback Requirements ................................................................................................................................ 23
Figure 4 – Flood Hazard Area Identification ................................................................................................................ 24
Figure 5 – Parking Stall Dimensions ............................................................................................................................. 32
Figure 6 – Development in the Vicinity of an Airport………………………………………………………………………………………………41
Tables
Table 1 – Minimum Specified Penalties ......................................................................................................................... 5
Table 2 – Development Not Requiring a Development Permit ..................................................................................... 9
Table 3 – Public Consultation Requirements ............................................................................................................... 12
Table 4 – Maximum Fence Height ............................................................................................................................... 26
Table 5 – Parking Minimums ....................................................................................................................................... 30
Table 6 – Barrier-Free Parking Spaces ......................................................................................................................... 31
Table 7 – Minimum Parking Stall Dimensions ............................................................................................................. 32
Table 8 – HBB1 Compared to HBB2 ............................................................................................................................. 47
Table 9 – Land Use District Conversions ...................................................................................................................... 54
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County of Newell
Land Use Bylaw
COVER PHOTOS COURTESY OF: Darla Wiebe, Stewart Luchies, Allison Hickey, Denise Bouvier, Stephen Trembecki, Samantha Plett and Louise Virostek.
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County of Newell
Land Use Bylaw
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SECTION ONE
Purpose
This section introduces readers to the Land Use Bylaw and its jurisdiction, as well as the local Development
Authority and their roles in enforcing and amending the Bylaw.
Jurisdiction
1.1 TITLE
This Bylaw is entitled ‘County of Newell Land Use Bylaw No. 2016-21’, hereinafter referred to as the “Bylaw.”
1.2 AUTHORITY
This Bylaw is enacted pursuant to the Municipal Government Act (MGA), as amended.
1.3 PURPOSE
The purpose of this Bylaw is to regulate the use and development of land and buildings within the County of
Newell (the “County”).
1.4 REGULATORY CONTEXT & COMPLIANCE
Nothing in this Bylaw shall exempt any person from any obligation to comply with the requirements of any
other municipal, provincial, or federal statute or regulation.
1.5 SEVERABILITY
Each provision of the Bylaw is independent of all other provisions, and if any provision of the Bylaw is declared
invalid by a decision of a court of competent jurisdiction, all other provisions remain valid and enforceable.
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Land Use Bylaw
1.6 EFFECTIVE DATE & TRANSITION
‘County of Newell Land Use Bylaw No. 1892-17’ and all amendments thereto, are rescinded upon this
Bylaw passing and coming into full force and effect.
The ‘County of Newell Land Use Bylaw No. 2016-21’ is passed and comes into full force and effect when
it receives third reading and is signed pursuant to the MGA.
All amendments to the Bylaw, any Land Use Redesignations, or Development Permit applications
received on or after the effective date of the Bylaw shall be processed and considered upon the
provisions outlined herein.
1.7 FEES & CHARGES
Fees and charges under and pursuant to the Bylaw, are established within the ‘County of Newell
Schedule of Fees Bylaw,’ as amended.
Penalty fees are established within Section 1.17 ‘Specified Penalties.’
1.8 INTERPRETATION
Words used in the singular include the plural and words used in the present tense include the other
tenses and derivative forms.
Compliance with the regulations in this Bylaw shall be interpreted and applied as follows:
“shall or must” means mandatory compliance except where a Variance has been granted pursuant
to the MGA or the Bylaw,
“should” means compliance in principle but is subject to the discretion of the Development
Authority where compliance is impracticable or undesirable because of relevant planning principles
or circumstances unique to a specific application,
“may” means discretionary compliance or a choice in applying policy.
Where a regulation involves two (2) or more conditions or provisions connected by a conjunction:
“and” means all the connected items shall apply in combination,
“or” indicates that the connected items may apply singly or in combination,
“and/or” indicates the items shall apply singly or in combination, at the discretion of the
Development Authority.
In the case of any conflict between the text of the Bylaw and any maps or drawings used to illustrate
any aspect of the Bylaw, the text shall govern.
Timelines outlined within the Bylaw shall be complied with pursuant to the Alberta Interpretation Act,
as amended.
All measurements within the Bylaw are metric, in accordance with Alberta Land Titles procedures, and
where an imperial measurement is also given it is for information only.
1.9 IMPACT OF SUBDIVISION
Where a property boundary is adjusted by subdivision, or by the inclusion of closed road or other land not
previously assigned a land use class, the Land Use District boundary follows the new property boundary.
Any doubt as to the boundaries of a Land Use District as shown on the Land Use Map shall be settled by
a resolution of Council.
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1.10 LAND USE DISTRICT GROUPS
For the purposes of the Bylaw, Land Use Districts may be referred to collectively:
‘Agricultural Districts’, which include: A-GEN, A-SML and A-HAM,
‘Residential Districts’, which include: R-RUR, R-MAN and R-HAM,
‘Business Districts’, which include: B-HAM and B-RUR,
‘Industrial Districts’, which include: I-GEN, and
‘Special Districts’, which include: S-PPS and S-NOS.
More information on Districts can be found in Section 5 – Land Use Districts.
Bylaw Authorities
1.11 MUNICIPAL PLANNING COMMISSION
The Municipal Planning Commission (MPC) is established by separate bylaw pursuant to the MGA and may
exercise such powers and duties as are specified in the MGA, this Bylaw and the ‘Municipal Planning
Commission Bylaw’, as amended.
1.12 DEVELOPMENT AUTHORITY
The Development Authority is established herein pursuant to the MGA and is a person who is
authorized to exercise development powers and perform duties on behalf of the County.
The Development Authority shall include one or more of the following:
The Chief Administrative Officer (CAO),
The Municipal Planning Commission, and/or
Planning and Development Staff.
Council shall be the Development Authority within any Direct Control District, unless specifically
delegated to the Municipal Planning Commission.
1.13 DUTIES OF THE DEVELOPMENT AUTHORITY
The Development Authority shall:
Receive and process and make decisions on all Development Permit applications,
Keep, and maintain for inspection during regular municipal office hours, a copy of the Bylaw as
amended, and ensure that an online version is made available on the County’s website and hard
copies are available to the public for a fee, and
Keep a register of all Development Permit applications, and the decisions rendered on them, for a
minimum of seven (7) years.
The Development Authority may:
Refer a Development Permit application, in whole or in part, to any outside agency or local
authority they deem necessary for comment,
Provide a written Time Extension Agreement, in alignment with the Bylaw,
Allow a Variance, provided it complies with the ‘Regulatory Context & Compliance’ (s.1.4)
regulations herein,
Refer a decision of a Development Permit to another ‘Development Authority’ (s.1.12),
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Land Use Bylaw
Refuse a Development Permit application and provide the Applicant with notice stating the decision
of refusal and the reasoning for it, or
Issue letters certifying whether the current or proposed use of a parcel or building complies with
this Bylaw.
Notwithstanding subsection a)i), the MPC shall make decisions on Development Permit applications for
Discretionary Uses and permitted uses with a Variance of 51% or more, in accordance with Section 2.15
‘Variances.’
Notwithstanding subsection a)i), Planning and Development Staff should make decisions on Development
Permit applications for Permitted Uses with a Variance up to 50%, in accordance with Section 2.15
‘Variances,’ or refer the decision to the MPC.
The Municipal Planning Commission may decide on a development permit application even if the
proposed development does not comply with the land use bylaw or is a non-conforming building if, in the
opinion of the Development Authority
i. the proposed development would not
unduly interfere with the amenities of the neighbourhood, or
materially interfere with or affect the use, enjoyment or value of neighbouring parcels
of land,
AND
ii. the proposed development conforms with the use prescribed for that land or building in the land
use bylaw.
iii. The proposed development will be considered discretionary and will be decided on by the
Municipal Planning Commission
1.14 SUBDIVISION AND DEVELOPMENT APPEAL BOARD
The Subdivision and Development Appeal Board (SDAB) is established by separate bylaw pursuant to the
MGA and may exercise such powers and duties as are specified the MGA, this Bylaw and the ‘Subdivision
and Development Appeal Board Bylaw,’ as amended.
Bylaw Enforcement
1.15 ENFORCING THE BYLAW
The Development Authority or a Community Peace Officer may enforce the provisions of the Bylaw, or
the conditions of a Development Permit, pursuant to the MGA and the Provincial Offences Procedure
Act (POPA), as amended.
Enforcement may be by offence notice or a violation ticket pursuant to POPA, or any other authorized
action to ensure compliance.
The enforcement powers granted to the Development Authority under the Bylaw are in addition to any
enforcement powers that the County or any of its designated officers may have under POPA.
The Development Authority may exercise all such powers concurrently.
1.16 ENFORCING THE BYLAW
Any person who contravenes, causes or permits a contravention of the Bylaw commits an offence.
It is an offence for any person to commence or continue development when:
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A Development Permit is required but has not been issued,
A Development Permit has expired,
A Development Permit has been revoked or suspended, or
A condition of a Development Permit has been contravened.
It is an offence for a person to prevent or obstruct the Development Authority or a Community Peace
Officer from carrying out any official duty under the Bylaw or the MGA.
1.17 SPECIFIED PENALTIES
Contravention of this bylaw is an offence and is subject to a fine of not more than $10,000.
Pursuant to POPA the following fine amounts are established for use on offence notices and violation tickets:
Table 1 – Minimum Specified Penalties
Offence Penalty
Failure to obtain a Development Permit $100
Failure to comply with Development Permit Conditions $1,000
Failure to comply with District Regulations $500
Failure to comply with any other condition of the Bylaw $500
Persons contravening this Bylaw shall be liable for a penalty in accordance with Table 1 and $1000 for a
second or subsequent contraventions.
Each time that an offence notice is issued may be considered to be a separate contravention.
Payment of a fine does not release the offender from the requirement to comply with the requirements
of the Bylaw.
1.18 STOP ORDER
Pursuant to the MGA where an offense under the Bylaw occurs, the Development Authority or a
Community Peace Officer may by written notice, order the owner or the person in possession of the
land or buildings, or the person responsible for the contravention to:
Stop the development or use of the land or buildings in whole or in part as directed by the notice, or
Demolish, remove or replace the development, or
Carry out any other actions required by the notice so that the development or use complies with
the Bylaw.
A stop order notice shall state the following:
The date on which the Stop Order was made,
The nature of the violation,
The corrective measures required, and
the time period within which such corrective measures must be performed,
The Development Authority or a Community Peace Officer shall advise the recipient of a Stop Order as
to where the appeal lays.
1.19 ENFORCEMENT OF STOP ORDERS
If compliance with a stop order is not voluntarily effected, the County may:
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Land Use Bylaw
Enter on the land or building and take any action necessary to carry out the order in alignment with
Section 1.20 ‘Entry & Inspection,’
Undertake legal action, including but not limited to, seeking injunctive relief from the Alberta Court
of King’s Bench. In accordance with the MGA, the expenses and costs of carrying out an order may
be added to the tax roll of the parcel of land, and/or
Register a caveat under the Land Titles Act against the certificate of title for the land that is the
subject to a stop order.
The County must discharge a caveat when the stop order has been complied with.
1.20 ENTRY & INSPECTION
Pursuant to the MGA, the Development Authority or a Community Peace Officer may, after giving
twenty-four (24) hours notice to the owner or occupier of land or the structure to be entered:
Enter on that land or building at any reasonable time, and carry out any inspection, enforcement or
action required to assess or enforce compliance with this Bylaw,
Request anything to be produced to assist in the inspection, remedy, enforcement or action, and
Make copies of anything related to the inspection, remedy, enforcement or action.
If a person refuses to grant consent or refuses to produce anything to assist in the inspection, remedy,
enforcement or action, the County may obtain a court order.
1.21 VACANT BUILDINGS
If a building becomes vacant, owners must immediately secure the building from unauthorized trespass
and remove signs and continue to ensure the building and lands are secure, safe, and tidy, which includes
maintaining the grass and snow removal.
1.22 SIGN MAINTENANCE & REMOVAL
Signs must be maintained in a neat and safe manner. Signs that, at the discretion of the Development
Authority, are considered damaged, illegible, unsafe or no longer relevant must be repaired or removed,
as the case may be.
Bylaw Amendments
1.23 AMENDMENT
Any person may apply to amend the Bylaw by making an application for a:
Text Amendment, or
Land Use Redesignation/Site-Specific Amendment,
by submitting it to the County for processing and consideration by Council.
For a Land Use Redesignation/Site-Specific amendment, the application must include a signed
authorization of the registered owner(s) of the subject land consenting to the application for amendment.
Council may, on its own initiative direct Administration to bring an amendment to this Bylaw for Council
to consider.
1.24 APPLICATION TO AMEND THE BYLAW
A person making an application to amend the Bylaw shall do so using the appropriate Application Form
available at the County Office and on the County’s Website and shall include the following:
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An application fee as set within the ‘County of Newell Schedule of Fees Bylaw,’ as amended,
A certificate of title of the land affected or other documents satisfactory to the Development
Authority, including the Applicant’s interest in the said land,
Any drawings or site plans, specified by the Development Authority, provided on standard material
and fully dimensioned, accurately figured, explicit, and complete, and
Any supporting studies, plans or other information deemed necessary by the Development Authority.
1.25 AMENDING DUTIES OF THE DEVELOPMENT AUTHORITY
Upon receipt of a completed application to amend the Bylaw, the Development Authority shall:
Prepare an Amending Bylaw for Council, and
Prepare a background report, including plans and other relevant material, and submit same to
Council for their review.
1.26 DECISIONS ON BYLAW AMENDMENTS
Council may, in reviewing a proposed amendment to the Bylaw:
Approve the proposed Amending Bylaw as it is, or
Make any changes it considers necessary to the proposed Amending Bylaw and proceed to approve
it without further advertisement or hearing, or
Refer the proposed Amending Bylaw back to administration for more information or further review
and changes, then reschedule the proposed Amending Bylaw for further consideration, or
Refuse the proposed Amending Bylaw as it is.
1.27 RECONSIDERATION
If a proposed Amending Bylaw has been refused by Council, the same application shall not be resubmitted for at
least six (6) months after the date of refusal, unless, in the opinion of the Development Authority, the reasons for
refusal have been adequately addressed or the circumstances of the application have changed significantly.
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Land Use Bylaw
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SECTION TWO
Development Process
This section outlines the County’s Development Permit Process and related requirements and procedures.
Development Permit Requirements
2.1 CONTROL OF DEVELOPMENT
Except as provided in ‘Development Not Requiring a Development Permit’ (s.2.2), no person shall
commence, cause, or allow to be commenced, or carry on, cause or allow to be carried on any
development unless a Development Permit has been issued.
All development shall proceed in accordance with the terms and conditions of an approved
Development Permit.
In addition to meeting the requirements of this Bylaw, it is the responsibility of an Applicant to
ascertain, obtain and comply with all other approvals and licenses that may be required by other
federal, provincial or municipal regulatory departments or agencies.
2.2 DEVELOPMENT NOT REQUIRING A DEVELOPMENT PERMIT
The following development does not require a development permit provided the development complies
with all the applicable regulations. If the development requires a Variance, a development permit must be
obtained authorizing the development and Variance.
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Table 2 – 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 m2 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.
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 in 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 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’.
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Development Permit Not Required
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.
2.3 LEGALLY NON-CONFORMING BUILDINGS AND USES
Development rendered legally non-conforming as a result of the passage of this Bylaw shall be permitted to
remain in accordance with the provisions of the MGA.
2.4 PARCELS NOT MEETING MINIMUM SIZE REQUIREMENTS
For parcels existing prior to the October 20, 2022 amending bylaw 2039-22, when the Development
Authority is considering an application for a development permit, the Development Authority may grant
the development permit even though the parcel does not comply with the minimum parcel size if in the
opinion of the Development Authority the proposed development would not unduly interfere with the
amenities of the neighbourhood, or materially interfere with or affect the use, enjoyment or value of
neighbouring parcels of land, and the proposed development conforms with the use prescribed for that
land or building in the land use bylaw.
2.5 DEVELOPMENT PERMIT APPLICATION
A Development Permit application shall be made using the appropriate Application Form available at the
County office and on the County’s website and shall include the following:
An application fee as set within the ‘County of Newell Schedule of Fees Bylaw,’ as amended.
Current copy of the Certificate of Title (within 30 days of submission) for the affected lands.
Current copies of any restrictive covenants or easements (within 30 days of submission).
A copy of the Site Plan showing:
legal description of the site with north arrow and scale,
site area and dimensions of the front, rear and side yards if any,
site drainage including any watercourses, finished lot grades, road grades and slopes greater than 15%,
locations and distances of on-site existing or proposed water and sewer connections, septic tanks
(including drainage area), disposal fields, water wells, culverts and crossings,
existing and proposed access and egress to and from the site,
where applicable, the identification of trees to be cut down or removed,
the height, dimensions and setbacks of all existing and proposed buildings and structures,
any rights-of-way and setbacks.
When a building or structure is proposed:
building floor plans, elevation drawings and a description of exterior finishing materials,
a table indicating: the total area of the parcel, parcel coverage, number of units, number of parking
and loading spaces, building height, number of storey’s and landscaping calculations.
Any supporting studies, plans or other information deemed necessary by the County.
Any other additional information required for a Specific Use or Activity, as outlined in Section 4 –
Specific Uses and Activities.
2.6 TEMPORARY DEVELOPMENT PERMIT
The Development Authority may issue a temporary Development Permit.
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A temporary Development Permit may not exceed five (5) years.
Subject to a different arrangement stated within the temporary Development Permit, the development,
including all structures and buildings must be removed and the lands must be restored.
When a temporary Development Permit expires the permit is void and a new Development Permit
application shall be required.
Receiving & Reviewing
2.7 RECEIVED APPLICATIONS
A Development Permit application shall not be deemed to have been received by the County until such time
as the ‘Development Permit Application’ (s.2.5) requirements have been met to the satisfaction of the
Development Authority.
2.8 DETERMINATION OF COMPLETENESS
The Development Authority shall determine the completeness of a received application within twenty (20)
days of receipt in accordance with the MGA.
2.9 REVIEW PERIOD
The Development Authority must make a decision on a Development Permit Application within forty
(40) days from when the Applicant is provided a ‘Notice of Completeness.’
Notwithstanding a), time to make a decision on a Development Permit Application may be extended
within a written ‘Time Extension Agreement’ (s.2.10).
2.10 TIME EXTENSION AGREEMENT
The Development Authority may request up to a three (3) month extension of the review period of a
Development Permit application from the Applicant.
The Development Authority may grant up to a three (3) month extension of the review period of a
Development Permit Application at the request of the Applicant.
A Time Extension Agreement shall be agreed to by both parties in writing.
2.11 REVIEWING DEVELOPMENT PERMIT APPLICATIONS
In reviewing a Development Permit Application the Development Authority shall have regard to:
The purpose and intent of the applicable District,
The purpose and intent of any applicable Statutory Plan adopted by the County,
The purpose and intent of any other plan and pertinent policy adopted by the County, and
The circumstances and merits of the Development Permit application.
Notwithstanding the provisions of the Bylaw, the Development Authority may impose more stringent
development regulations or standards on a Development Permit for a Discretionary Use in order to
ensure that the Development is compatible with and complementary to surrounding land use and other
planning considerations.
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2.12 PUBLIC NOTICE AND CONSULTATION REQUIREMENTS
The Development Authority shall provide the following notice(s) of a Development Permit Application:
Table 3 – Public Notice and Consultation Requirements
Approval of a: Type of Public Consultation Required
Notice sent to
adjacent
landowners
prior to decision
Notice published
on County
website prior to
decision
MPC meeting
required
Notice sent to
adjacent
landowners
after decision
Notice published
on County
website after
decision
Permitted Use No No No No No
Permitted Use w. Variance < 10% No Yes No No Yes
Permitted Use w. Variance 10% - 50% Yes Yes No Yes Yes
Permitted Use w. Variance 51% + Yes Yes Yes Yes Yes
Discretionary Use Yes Yes Yes Yes Yes
The Development Authority may, prior to rendering a decision, require an Applicant to hold a public
meeting with surrounding landowners within a one-kilometre (1 km) distance of the parcel. If this is
required, the Applicant must submit a report regarding the public response to the proposal and copies
of all written submissions.
Decisions
2.13 DECISIONS ON DEVELOPMENT PERMIT APPLICATIONS
The Development Authority, in making a decision on a Development Permit Application for:
A Permitted Use:
Shall approve the application for a Permitted Use, with or without conditions, if the proposed
development conforms with the Bylaw, or
May approve the application for a Permitted Use, with or without conditions, if the proposed
development does not conform with the Bylaw, subject to the approval of any required Variances,
Discretionary Use:
May approve the application for a Discretionary Use, with or without conditions, if the proposed
development conforms with the Bylaw,
May approve the application for a Discretionary Use, with or without conditions, if the proposed
development does not conform with the Bylaw, subject to the approval of any required Variances, or
May refuse the application for a Discretionary Use even though it meets the requirements of the
Bylaw,
A Discretionary Use in a Direct Control District:
May consider and approve the application for a discretionary use in a Direct Control District
providing it meets the direction set out by Council, where Council has delegated the decision to the
Development Authority.
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2.14 NOTICE OF DECISION
Notice to Applicant:
All decisions on Development Permit applications shall be given in writing to the Applicant the same day
the decision is made.
If the Development Permit application is conditionally approved, the ‘Notice of Decision’ shall contain
the conditions imposed as part of the approval.
If the Development Permit application is refused, the ‘Notice of Decision’ shall contain the reasons for
the refusal.
Public Notice:
Public notice of approved Development Permit applications shall be circulated per Section 2.12 ‘Public
Consultation Requirements.’
Public notice shall include:
The location and use of the Parcel,
The date the Development Permit was issued, and
Notice that an appeal may be made by a person affected by the decision by serving written notice
of the appeal to the SDAB within twenty-one (21) days of the date of the decision on the
application or the date of the deemed refusal.
2.15 APPROVAL OF A SIMILAR USE
The Development Authority may approve a Development Permit, with or without conditions, for a use
that is neither Permitted nor Discretionary in the District in which the development is to be located,
provided that:
The proposed use is a similar use in the given District,
The proposed use is not defined elsewhere in this Bylaw, and
All public notices of the Development Permit approval specifically reference that the use was
approved as a similar use.
2.16 VARIANCES
Unless a specific provision of this Bylaw provides otherwise, the Development Authority may issue a
Variance as a condition of a Development Permit.
Variances may be issued where:
the proposed development would not unduly interfere with the amenities of the neighbourhood, or
materially interfere with or affect the use, enjoyment or value of neighbouring parcels of land, and
the proposed development conforms with the use prescribed for that land or building in the Bylaw.
Applicants requesting a Variance shall provide a supporting rationale in support of the Variance.
In the event that a Variance is granted, the Development Authority shall specify the nature of the
approved Variance in the Development Permit approval.
Variances of up to fifty percent (<50%) can be granted at the sole discretion of the Development
Authority.
Variances greater than fifty-one percent (>51%) can be granted by the MPC acting as the Development
Authority.
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2.17 DEEMED REFUSALS
An application for a Development Permit shall be deemed to be refused in the following circumstances:
Outstanding information requested as part of the ‘Determination of Completeness’ (s.2.6) is not
submitted by the Applicant within the time period identified by the Development Authority, or
The Development Authority does not make a decision on a Development Permit within the 40 day
‘Review Period’ (s.2.9), or
The Development Authority does not make a decision on a Development Permit within the
alternative review period stated within a written ‘Time Extension Agreement’ (s.2.10).
2.18 EFFECTIVE DATE
A Development Permit for a Permitted Use where no Variance has been granted comes into effect on
the date the Permit was issued.
Barring an appeal to the SDAB or Land and Property Rights Tribunal (LPRT), a Development Permit for a
Discretionary Use or where a Variance has been granted, does not come into effect until twenty-one
(21) days from the date on which public notice was issued.
2.19 DEVELOPMENT PERMIT EXTENSIONS
The Development Authority may grant one (1) twelve (12) month time extensions on any approved
Development Permit.
Time extensions are not permitted on approvals from the SDAB.
Conditions
2.20 CONDITIONS ATTACHED TO DEVELOPMENT PERMITS
The Development Authority, in imposing conditions on a Development Permit may:
For a Permitted Use, impose conditions only to ensure compliance with this Bylaw (e.g. complying
with easements or setbacks), or
For a Discretionary Use, impose conditions as deemed appropriate, so long as they serve a legitimate
planning objective and do not sub-delegate the Development Authority’s discretionary powers.
Conditions may include that the Applicant:
pay an off-site levy or redevelopment levy imposed by bylaw,
register an Encroachment Agreement,
enter into a Development Agreement,
fence a site during construction,
repair municipal improvements that may be damaged as a result of the development,
grade, landscape or pave a parcel,
mitigate noise, dust or other nuisances,
limiting the hours of operation,
register a restrictive covenant concerning architectural controls and/or landscaping, and/or
enter into an agreement to remediate the site when the use comes to an end.
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2.21 ENCROACHMENT AGREEMENTS
If an Applicant applies for a Development Permit for a building or structure that encroaches on property
owned or controlled by the County, the Development Authority may as a condition of approval require the
Applicant to enter into an Encroachment Agreement with the County.
2.22 SECURITIES
To ensure compliance with a Development Agreement the County shall require the Applicant to provide
an Irrevocable Letter of Credit, Cash or Certified Cheque, Performance Bond or any other acceptable
form of Security, to the County to guarantee performance of obligations imposed in the Development
Agreement.
The amount required as security shall be based on one hundred and twenty-five percent (125%) the
estimated cost of construction of on-site and off-site infrastructure unless provided otherwise in the
Development Agreement.
Cost estimates are subject to review and verification by the Development Authority, and quoted costs
shall be valid for the required work.
The County may draw upon Securities in the event that the required works are not completed, in
accordance with the conditions of a Development Agreement.
Appeals
2.23 APPEALING A DEVELOPMENT PERMIT DECISION
Pursuant to the ‘SDAB Bylaw,’ as amended, and the MGA, any person affected by an order, decision or
Development Permit made or issued by a Development Authority, including the Applicant, may appeal the
decision to the SDAB.
2.24 APPEAL PROCESS
The Process followed by the SDAB is articulated within the ‘SDAB Bylaw,’ as amended, and the MGA.
2.25 SDAB DECISIONS
If the decision to approve a Development Permit application is reversed by the SDAB the Development
Permit shall be null and void.
Completion & Cancellation
2.26 COMPLETION OF DEVELOPMENT
A Development shall be completed to the satisfaction of the Development Authority within twenty-four (24)
months of the Development Permit approval or as otherwise identified in the conditions of approval.
2.27 SUSPENSION OR CANCELLATION OF A DEVELOPMENT PERMIT
The Development Authority may cancel, suspend, or modify a Development Permit by written notice to
the holder of the permit when, after a Development Permit has been issued, the Development
Authority becomes aware of one the following circumstances:
The application contained a misrepresentation, or
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Facts concerning the application or the development were not disclosed which should have been
disclosed at the time the application was considered, or
Any condition under which the Development Permit was issued has been contravened, or
The Development Permit was issued in error, or
Development has not commenced within 12 months of the effective date, or
The Applicant has requested cancellation of the permit in writing, or
The approved use or development is discontinued or abandoned for two (2) or more consecutive
years.
An Applicant whose Development Permit is cancelled, suspended, or modified may appeal to the SDAB.
2.28 TRANSFERABILITY OF DEVELOPMENT PERMIT
A Development Permit for a Home-Based Business (Type II) is non-transferable and is invalided by a change
of ownership, tenancy, or occupancy.
2.29 RE-APPLICATION INTERVAL
Pursuant to MGA, when an application for a Development Permit or change of Land Use Designation
has been refused, the Development Authority may refuse to accept another application on the same
property and for the same or similar use of the land by the same or any other Applicant for one (1) year
after the date of previous refusal, unless the circumstances have changed sufficiently to warrant
otherwise, as determined by the Development Authority.
The determination of what constitutes the same or similar development shall be made by the
Development Authority.
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3
SECTION THREE
General Regulations
This section outlines general regulations that apply to development within the County.
Buildings & Structures
3.1 ADDRESSING
All Principal Buildings shall have the civic address clearly displayed and easily visible from the road/street per
the ‘Municipal Addressing Bylaw,’ as amended.
3.2 SERVICING
All Principal Buildings shall have potable water and sanitary servicing to the satisfaction of the Development
Authority.
3.3 BUILDING ORIENTATION
All Non-Agricultural District Principal Buildings should face the frontage road/street of a parcel, unless
otherwise authorized by the Development Authority.
3.4 BUILDING DESIGN
A Building’s character and appearance may be considered in the review of proposed development, with
respect to:
Consistency with the prescribed District,
Compatibility with nearby Buildings, and
Compliance to the provisions of any Statutory Plan, which sets out specific guidelines as to the
design, character, appearance, or building materials used in a development.
A Building’s mechanical housing shall be screened, to the satisfaction of the Development Authority.
Infill development shall be in keeping with the scale and character of the surrounding area, having
regard to the provisions of the prescribed District.
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3.5 BUILDING HEIGHT
The base from which to measure the height of a building or structure shall be from any point on the finished
ground elevation which adjoins an exterior wall as illustrated in Figure 1 – Determining Building Height.
In determining the highest point of a building, the following structures are not considered part of the
building: elevator or mechanical housing, roof stairway entrance, ventilation fans, a skylight, a steeple, a
smokestack, a parapet wall, a flagpole or a ‘Roof Sign’ (s3.66).
Figure 1 – Determining Building Height
3.6 EXPOSED FOUNDATIONS AND EXTERIOR BUILDING FINISHES
The Development Authority may require specific finishing materials and/or colours to be used to ensure
the compatibility of a proposed:
development with surrounding or adjacent developments,
addition or structure with existing structures on the same parcel.
3.7 MANUFACTURED HOMES
No Dwelling (Manufactured Home), or additions thereto, shall exceed 5.0 m in height.
A Dwelling (Manufactured Home) shall have CSA certification.
A Dwelling (Manufactured Home) must be placed on a foundation.
The crawl space between a Dwelling (Manufactured Home) and the ground shall be skirted to the
satisfaction of the Development Authority, within thirty (30) days of siting.
Axles, wheels and trailer hitches shall be removed once a Dwelling (Manufactured Home) is sited.
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3.8 MIXED-USE BUILDINGS
A Building may be occupied by a combination of uses and each use shall be considered as a separate
use, and each use shall obtain a Development Permit.
Dwelling Units shall have at grade access that is separate from the access for business use.
3.9 AGRICULTURAL BUILDINGS
Agricultural Buildings shall not be located within:
30.0 m from the right-of-way of any road,
30.0 m from a naturally occurring water body or outside the 1:100 flood levels, whichever distance
is greater, and/or
A flood hazard area.
3.10 ATTACHED GARAGE
a) An attached garage is considered to be part of the principal building and must be subordinate to the
dwelling.
3.11 ACCESSORY BUILDINGS/STRUCTURES
A maximum of 3 Accessory Buildings/Structures under 10m2 can be developed on a parcel without the
benefit of a development permit. Additional Accessory Buildings/Structures under 10m2 require 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.
An Accessory Building/Structure shall not be permitted in a Residential District parcel without a Principal
Building, at the Discretion of the Development Authority.
3.12 SHIPPING CONTAINERS
Shipping Containers:
Shall not be attached, in any way, to a Principal Building,
Shall not display advertising, names or other marketing,
Shall not be stacked in any Non-Industrial District,
Shall be visually screened from public roads and adjacent properties in a manner which satisfies the
Development Authority, and
Notwithstanding a) Shipping Containers are not allowed in R-MAN and R-HAM Districts.
3.13 ANTENNA SYSTEMS
Unless excluded under Section 6 of ‘CPC-2-0-03 – Radiocommunication and Broadcasting Antenna Systems,’
an Antenna System shall be reviewed by the Development Authority to ensure concurrence with the Bylaw.
The system’s tower shall be set back a minimum distance equal to the height of the tower from all
parcel lines, and a minimum distance of 3.0 m from any other structure on the parcel on which the
system is located.
An Antenna System application shall be made using the appropriate Application Form available at the
County office and on the County’s website and shall include the following:
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Any feedback from Transport Canada based on the submission of the Aeronautical Obstruction
Clearance form including aeronautical obstruction marking requirements,
Any feedback from NAV CANADA based on the submission of the Land-use Proposal Submission form,
A Site Plan showing:
the location and dimensions of the system tower including the locations of any anchors,
all existing buildings, structures on the parcel,
all distances from the system tower and any anchors to property lines
all distances between the system tower and other buildings or structures on the parcel, and
such other considerations as the Development Authority may deem to be relevant.
3.14 LIGHTING
All outdoor lighting shall be located and arranged so that light is directed away from adjacent properties
and local roads.
The maximum mounting height for an outdoor light fixture shall be 8.0 m in any Residential District, and
12.0 m in Non-Residential Districts.
Full cut-off fixtures shall be installed for all exterior lighting.
Notwithstanding c), outdoor lighting used to illuminate architectural features, landscaping, monuments,
signs, or trees may emit light above the horizontal plane so long as it is directed at such features.
No flashing, strobe, or revolving lights are permitted in the County.
3.15 GARBAGE AREAS
In all Districts, garbage areas shall be wholly provided on the same site as the buildings to be served,
unless otherwise approved by the Development Authority.
Garbage shall be stored in weather-proof containers, screened from adjacent parcels and public
thoroughfares, and in a location easily accessible for pickup.
Any garbage storage or collection area co-existing with any parking or loading area shall be:
Clearly delineated as separate from the parking or loading stalls,
Located to optimize collection vehicles access, and
Screened or fenced.
Parcels
3.16 DOUBLE-FRONTING AND CORNER PARCELS
Where a Parcel abuts two (2) or more public roadways, the front yard setback shall be established on the
road/street that is identified by a municipal address.
3.17 CORNER VISIBILITY
In a Residential District, buildings, structures, fences and landscaping shall be setback at least 3.0 m from
the property corner, to maintain corner visibility, as illustrated in Figure 2 – Corner Visibility Triangle.
In a Non-Residential District, buildings, structures, fences and landscaping shall be setback at least 6.0 m
from the property corner, to maintain corner visibility, as illustrated in Figure 2 – Corner Visibility Triangle.
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Figure 2 – Corner Visibility Triangle
3.18 EMERGENCY ACCESS
Setbacks in any District may be increased at the discretion of the Development Authority in order to provide
adequate emergency access.
3.19 DRIVEWAYS
In a Residential District, the driveway to a public road shall be a minimum length of 6.0 m, measured
from the property line.
Driveways are limited to 5.0 m in width.
3.20 PROJECTIONS INTO YARDS
Cantilever extensions can extend up to 0.6 m from a building into any rear or side yard setback.
Decks or Patios that are less than or equal to 0.6 m in height can project up to 0.6 m into any rear or
side yard setback.
3.21 RECREATIONAL VEHICLES
Outside of a Campground, no person shall occupy a Recreational Vehicle for more than:
Sixty (60) days In an Agricultural District, or
Fourteen (14) days In a Residential District.
In Agricultural Districts up to four (4) Recreational Vehicles are permitted on a parcel.
In Residential Districts:
One (1) Recreational Vehicle is permitted on a parcel, and
Recreational Vehicles should be kept in the back yard or on the driveway.
3.22 PHYSICAL ACCESS
County of Newell reserves the right to determine the most suitable access and egress point(s) onto a
developed or undeveloped road with regard to any new access/egress points in the County.
A parcel has access when it abuts either a public road or a private road approved in a condominium plan
developed to full County standards.
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If a parcel does not have access, the Development Authority may require the Applicant to enter into a
Development Agreement to construct or pay for the construction or upgrading of public roads, or
access/egress approaches necessary to serve a development.
Notwithstanding c), Agricultural Parcels may not be required to construct a road for access to the
parcel(s) at the discretion of the Development Authority.
3.23 PARCELS WITHOUT PHYSICAL ACCESS
For the purposes of this Bylaw, a parcel is a parcel without access if:
the parcel does not abut a public or private roadway,
the only public roadway that the parcel abuts is an undeveloped road allowance, or
the parcel abuts a public or private roadway developed to County Standards, to which the road is
subject to an active Cost Recovery Agreement.
Notwithstanding a) above, the Development Authority may at its discretion determine that a parcel
without access is, for the purposes of this Bylaw, a parcel having access, provided the road which
provides access to the parcel is not subject to an active Cost Recovery Agreement.
Notwithstanding regulations of the District in which a parcel without access is located, all development
apart from ‘Agriculture (General)’ and ‘Agricultural Building’ is Discretionary.
3.24 ACCESS TO & DEVELOPMENT NEAR PROVINCIAL HIGHWAYS
Any development within 800 m of a provincial highway shall be circulated to Alberta Transportation for
review and determine whether an access, existing or proposed, is acceptable.
All Land Use Redesignations and new developments that will cause intensified or increased use of any
access to provincial highways shall be circulated to Alberta Transportation for review.
Setbacks
3.25 RIGHTS-OF-WAY
No part of a building or structure shall be located on a registered right-of-way or utility easement.
3.26 SETBACKS FROM SLOPES & BANKS
Buildings shall be located at least 20.0 m back from the top-of-bank of an escarpment where the grade
exceeds fifteen per cent (15%), as illustrated in Figure 3 – Setback Requirements.
The “top of the bank” shall be determined by Alberta Environment and Parks (AEP) or a Qualified
Professional.
The Development Authority may, at their discretion, reduce the setback requirements if the Applicant
provides a Geotechnical Slope Stability Study, prepared by a Qualified Professional, that provides
satisfactory proof of bank stability.
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Figure 3 – Setback Requirements
3.27 SETBACK FROM RAILWAYS
In Residential Districts, dwellings shall be:
30.0 m from a Main Line right-of-way, or
15.0 m from a Branch Line right-of-way.
In Non-Residential Districts, development shall follow the setbacks set forth in the District.
3.28 DEVELOPMENT ON OR NEAR A WATER BODY
Parcels shall be located at least 6.0 m back from the high-water line of any water body or an area
subject to flooding as established by the province.
The Development Authority may consult with AEP, the Eastern Irrigation District (EID) or other Qualified
Professional to assist in determining high-water marks, flood hazard areas, or the level of a lake, dam,
river wetland or other waterway taking into account 1:100 water levels.
No part of a building or structure shall be located within 60.0 m from any EID water reservoir measured
from the water’s edge at full supply level (FSL) or 30.0 m from the registered reservoir right-of-way.
3.29 HAZARD LANDS
The Development Authority may refuse to approve a Development Permit if the proposed development is
located in potential hazard lands such as coal mining areas, gas wells, abandoned wells, or former industrial
lands, unless the relevant approval authority is satisfied the development can proceed safely.
3.30 FLOOD HAZARD AREAS
All development in a Flood Hazard Area, as illustrated in Figure 4 – Flood Hazard Area Identification, is
considered to be Discretionary, notwithstanding any other section of the Bylaw.
No building or structure shall be developed where the location of the building or structure is on a site
where the undisturbed ground elevation:
Is less than 6.0 m above the normal summer low water level and is less than 1,200.0 m from the
edge of the normal summer water channel of a major watercourse, or
Is less than 3.0 m above the normal summer low water level and is less than 300.0 m from the edge
of the normal summer water channel of a minor watercourse, or
Unless the ground elevation adjacent to and within 5.0 m of the building or structure is 1.0 m above
the 1:100 year flood elevation as determined by Alberta Environment and Parks (AEP).
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The placing of fill within the 1:100 year Flood Hazard Area shall not be permitted unless and until AEP
has determined that the placing of the fill will not have a detrimental effect on the flow of water, either
in the watercourse or on adjacent lands.
The Development Authority shall require a geotechnical report prepared by a Qualified Professional that
confirms there is a developable area suitable for the building and outlines any flood mitigation
measures to reduce potential damage from a flood event.
Figure 4 – Flood Hazard Area Identification
3.31 FLOOD FRINGE AREAS
New development within the flood fringe, as illustrated in Figure 4 – Flood Hazard Area Identification,
is strongly discouraged; however, should the Development Authority consider it appropriate, a
development may be allowed subject to the following requirements:
Development shall be restricted to non-residential buildings or structures that can be adequately
protected to minimize potential flood damage, and
The first floor of all buildings shall be located at or above the 1:100 year flood level plus 0.5 m freeboard.
Notwithstanding a), The Development Authority may allow for variances on the freeboard requirement
depending on site specific conditions.
3.32 FLOODWAYS
No development shall be permitted within a Floodway, as illustrated in Figure 4 – Flood Hazard Area
Identification, except for the:
Repair or maintenance of existing buildings, or
Replacement of existing buildings, provided flood-proofing design measures are undertaken by a
Qualified Professional, which do not involve construction below the Floodway.
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County of Newell
Land Use Bylaw
Landscaping & Fencing
3.33 LANDSCAPING OF NEW DEVELOPMENT
All portions of a Non-Agricultural parcel not covered by a building, structure, parking stall or driveway
shall be landscaped and maintained to the satisfaction of the Development Authority.
In Non-Residential Districts and on parcels with a Dwelling (Multi-Unit) of more than ten (10) units:
A minimum 1.8 m landscaped buffer is required along each public road, and
A minimum 6.0 m landscaped buffer is required along every boundary adjacent to a Residential
District.
Landscaping may consist of any or all of the following:
trees, shrubs, lawn, flowers,
large feature rocks, bark chips, field stone,
berming, terracing, and
other innovative landscaping features,
Existing trees should be retained as much as possible.
3.34 LANDSCAPING PLANS
In Non-Residential Districts and on parcels with a Dwelling (Multi-Unit) of more than ten (10) units, a
Landscaping Plan may be required to the satisfaction of the Development Authority.
The Landscaping Plan shall, to the satisfaction of the Development Authority, include the following:
name of the project and/or Applicant,
name and/or endorsement stamp of the landscape professional,
north arrow, plan scale and legal and civic addresses,
location of existing plant materials and indication as to whether they are to be removed or retained,
location of planting beds and identification of bedding material,
location of trees shown at their typical mature size,
total number and type of trees proposed to be provided,
identification of proposed surfacing of parking and storage areas,
a list of any proposed Variances,
all other physical features, existing or proposed, including berms, walls, fences, outdoor furniture
and decorative paving, and
if landscaping is being proposed within a utility right-of-way the plan must be endorsed by all utility
companies that have access to the right-of-way, indicating their approval of the proposed landscaping.
A Landscaping Plan should be accompanied by a quote from a landscape professional indicating the cost
to implement the Landscaping Plan.
3.35 LANDSCAPING SECURITIES
An irrevocable letter of credit or bank draft/certified cheque from a recognized Canadian financial
institution having the value equivalent to 100% of the established costs to implement the Landscaping
Plan will be provided to the County within thirty (30) days of the Development Permit being issued and
will be retained until all landscaping is completed.
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County of Newell
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The amount of the landscaping securities shall include the cost of the following, where applicable:
Rough grading of landscaped area,
Minimum of 150 mm of topsoil and sod or seed, and
Any trees in accordance with this Bylaw.
Fifty percent (50%) of the Landscaping Securities will be returned when satisfactory completion of the
landscaping is confirmed with an inspection by the Development Authority.
The remaining Landscaping Securities, unless otherwise drawn upon, shall be fully released once it is
confirmed with an inspection by the Development Authority that the landscaping has survived a
minimum of two full growing seasons.
The County is permitted to draw upon Landscaping Securities, in the event that the required works are
not completed.
3.36 DUGOUTS & PONDS
Dugouts and Ponds shall not be located within:
30.0 m from the right-of-way of any road,
30.0 m from a naturally occurring water body or outside the 1:100 flood levels, whichever distance
is greater, and/or
A flood hazard area.
Any request for a ‘Variance’ (s.2.16) shall be accompanied by a soil analysis and /or engineered design
for the Dugout or Pond that indicates the ability of the dugout to function without leakage beyond the
property line.
3.37 SHELTERBELTS
All trees, hedges, shrubs forming a shelterbelt shall not be located within:
5.0 m from a Subdivision Road right-of-way of,
15.0 m from a County Road right-of-way of, and
40.0 m from a Provincial Highway right-of-way.
3.38 FENCING
In a Residential District smaller than 0.2 ha, barbed wire fences are not permitted fence materials.
The Development Authority may require an alternate siting of the fence in order to provide unimpeded
traffic sight lines.
The Development Authority may require a site to be fenced and secured if, in their opinion, the
development poses a potential safety hazard.
Fences shall be restricted to the maximum heights listed below, notwithstanding a variance granted by
the Development Authority:
Table 4 – Maximum Fence Height*
*Maximum permitted heights shall include posts and trellises/lattice running adjacent to the top of the fence, as
measured from grade.
Residential/ Agricultural District Business/ Industrial/ Special District
Front Yard 1.0 m 2.4 m
Side Yard 1.8 m 2.4 m
Rear Yard 1.8 m 2.4 m
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3.39 SCREENING
Where a Business or Industrial District abuts a Residential District, the landowner shall provide visual
screening by way of a fence or a combination of fence and soft landscaping to a minimum height of 2.0 m.
All exterior work areas, storage areas and waste handling areas shall be screened from view to the
satisfaction of the Development Authority.
3.40 RETAINING WALLS
Any retaining wall over 1.0 m in height must be designed, and inspected after construction, by a
Qualified Professional.
The landowner shall provide to the County the design and inspection report within thirty (30) days of
construction of the retaining wall.
Creosote railway ties are not a permitted construction material for any retaining wall.
Stripping, Grading, Excavation & Filling
3.41 GENERAL STRIPPING, GRADING, EXCAVATION AND FILL REGULATIONS
Site stripping, grading, excavation and filling (including construction of an artificial water body, but not a
Dugout) requires a Development Permit.
Where, in the process of development, areas require levelling, filling, or grading, the topsoil shall be
removed before work commences, stockpiled, and replaced following the completion of the work.
Where the proposed development incorporates excavation and filling/grading, details regarding
potential impacts on drainage (subject lands and adjacent) and water bodies as identified in a
stormwater management plan shall be required.
3.42 DEVELOPMENT PERMIT FOR STRIPPING, GRADING, EXCAVATION AND/OR FILL
Stripping, grading, excavation and filling activities are considered a Discretionary Use in all Districts.
A Development Permit is required for all stripping, grading, excavation and filling activities, with the
exception of those lands governed by a valid Development Agreement.
A Development Permit application shall be made using the appropriate Application Form available at
the County office and on the County’s website and shall include the following:
A description of the excavation, stripping or grading operation proposed,
A plan showing the location of the area of the operation relative to site boundaries and depth of
excavation or the quantity of topsoil to be removed,
A detailed timing and phasing program covering the length of the proposed operation,
A plan showing the final site conditions following completion of the operation and any land
reclamation proposals where applicable, and
A description of the measures to be taken for the prevention or lessening of dust and other
nuisances during and after the operation.
The Development Authority may require a:
Stormwater Management Plan,
Fill Management Plan,
Reclamation Plan,
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County of Newell
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Soil Quality Report, and/or
Letter of credit for performance of approval conditions based on the cost of remediation.
3.43 STRIPPING & GRADING
Stripping and grading may include stockpiling of site materials, road construction up to but not the final
layer of asphalt, and underground utilities.
Repairing or resurfacing of existing approved private gravel access roads does not require a
‘Development Permit’ (s.2.2) when approved grades are unchanged.
Unless specifically approved in a Development Permit, topsoil shall not be removed from any site.
Stripping, grading, and stockpiling for the purpose of construction site preparation incidental to an approved
development does not require a Development Permit provided the following conditions are met:
A Grading Plan is approved, and
Construction site preparation does not include the digging of a building foundation or the installation
of pilings.
3.44 EXCAVATION (BORROW AREA)
The excavation of new borrow areas may be allowed providing:
A Development Permit has been issued for that use, including a Reclamation Plan,
The maximum area of excavation does not exceed 8.0 ha, the maximum material to be removed from
the site is 40,000 m3 and the excavated material is not primarily sand or gravel,
There is no negative impact on water flows to or from adjacent lands, as determined in a
stormwater management plan,
A Reclamation Plan satisfactory to the County has been prepared for the site, with the reclamation
financially secured in favour of the County, and
The time from commencement of excavation to completion of reclamation does not exceed one
hundred and twenty (120) days.
3.45 FILLING
No Person shall place or dump fill or topsoil anywhere in the County unless:
The placing of fill will not result in offsite drainage impacts to adjacent properties from changes in
drainage patterns as determined in a stormwater management plan, and
A Fill Management Plan shall be submitted to the satisfaction of the Development Authority as part
of an approved Development Permit application.
Notwithstanding a), the Development Authority may require:
A Development Permit for reoccurring applications of fill on any site, and
A Road Use Agreement or a written confirmation from the County that a Road Use Agreement is
not required for the hauling of fill and topsoil.
3.46 STOCKPILING
Despite any other regulation in this Bylaw, the placing or the storage of topsoil or fill shall not be
allowed in any circumstance where:
The topsoil or fill is contaminated, including contaminated hydrovac materials,
Negatively impacting water flows to and from adjacent lands, or
Placed in natural wetlands or drainage courses.
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Land Use Bylaw
Notwithstanding a), no fill and topsoil shall be placed and stored in a Flood Hazard Area, wetlands, riparian
areas, and/or drainage courses, unless otherwise approved by the Development Authority.
3.47 PARCEL GRADING & DRAINAGE
Parcel drainage shall be directed to the adjacent road/street or lane, not onto an adjacent parcels,
except where permitted by the Development Authority.
In a Residential District where there is no lane, a swale shall be constructed along the rear of all lots to
carry water to a road or drainage course, and the swale shall be protected by an easement in favour of
the County.
Where, during development, there are areas requiring leveling, filling, or grading, the topsoil shall be
removed before work commences, stockpiled, and then replaced following completion of the work.
All landscaped areas shall be designed to facilitate effective surface drainage.
Parcel grading shall be in accordance with the County’s Servicing Standards.
Parking & Loading
3.48 GENERAL PROVISIONS
Where any development is proposed, parking shall be provided and maintained by the owner in
accordance with the requirements of this Bylaw.
Parking stalls and loading spaces shall be clearly marked and maintained to ensure legibility, to the
satisfaction of the Development Authority.
Where the provision of off-street parking or loading space is required by this Bylaw, a plan of the
proposed site layout shall be included with the Development Permit application.
Parking stalls shall have a minimum vertical clearance of 2.0 m.
3.49 OFF-STREET PARKING STANDARDS
Off-street parking areas shall be constructed in a manner which allows for adequate drainage, snow
removal, and maintenance.
In Residential Districts and a Dwelling (Multi-Unit):
Off-street parking shall be located on the site of the development served by the parking, and
All visitor parking should be easily accessible to the building it addresses.
Where a development consists of a mix of uses, the total off-street parking requirement shall be the
sum of the off-street parking requirements for each use, unless it is demonstrated through a Parking
Assessment, prepared by a Qualified Professional, that there will be complementary demand for
parking that warrants a reduction in the total requirement.
For parking areas larger than thirty (30) stalls in Business or Industrial Districts, a Parking Lot Plan that
addresses parking requirements and landscaping design shall be completed as part of the Development
Permit application to the satisfaction of the Development Authority.
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3.50 NUMBER OF STALLS
The minimum number of parking stalls required for each Use is noted below:
Table 5 – Parking Minimums
Use Required Parking Stalls
Agriculture (General) N/A
Agriculture (Intensive) 1 per 100.0 m2 gross floor area
Agriculture (Processing) 1 per 100.0 m2 gross floor area
Agriculture (Regulated) 1 per 100.0 m2 gross floor area
Agricultural Building N/A
Airport Determined by Direct Control District
Alcohol Production 1 per 100.0 m2 gross floor area
Animal Health (Inclusive) 1 per 100.0 m2 gross floor area
Animal Health (Small Animal) 1 per 100.0 m2 gross floor area
Auction Market 7.5 per 100.0 m2 gross floor area
Bed & Breakfast 1 per Guest Room
Bulk Fuel 0.5 per 100.0 m2 gross floor area
Bunk House N/A
Campground 1 visitor parking stall per 5 campsites
Cannabis Production 1 per 100.0 m2 gross floor area
Cannabis Retail 2 per 100.0 m2 gross floor area
Car/Truck Wash 2 per 100.0 m2 gross floor area (minimum of 2)
Care Facility (Child) 3 per 100.0 m2 gross floor area
Care Facility (Clinic) 2 per 100.0 m2 gross floor area
Care Facility (Group) 2 per 100.0 m2 gross floor area
Care Facility (Seniors) 1 per 100.0 m2 gross floor area
Care Facility (Medical) 3 per 100.0 m2 gross floor area
Cemetery N/A
Dwelling (Manufactured Home) 2 per unit (with visitor parking for MHP)
Dwelling (Multi-Unit) 1 per unit
Dwelling (Duplex) 2 per unit
Dwelling (Single Detached) 2 per unit
Exhibition Grounds 2 per 100.0 m2 gross floor area
Establishment (Eating & Drinking) 5 per 100.0 m2 gross floor area
Establishment (Entertainment) 5 per 100.0 m2 gross floor area
Establishment (Restricted) 5 per 100.0 m2 gross floor area
Farm Gate Sales N/A
Farmers Market 7.5 per 100.0 m2 gross floor area
Funeral Home 7.5 per 100.0 m2 gross floor area
Gas Station 2 per 100.0 m2 gross floor area (minimum of 2)
Government Services 2 per 100.0 m2 gross floor area
Home-Based Business Type One (HBB1) 1 additional stall
Home-Based Business Type Two (HBB2) 2 additional stalls
Hotel/Motel 3 plus 1 per guest room
Industrial (Light) 1 per 100.0 m2 gross floor area
Industrial (Medium) 1 per 100.0 m2 gross floor area
Industrial (Heavy) 1 per 100.0 m2 gross floor area
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Land Use Bylaw
Use Required Parking Stalls
Industrial (Logistics) 1 per 100.0 m2 gross floor area
Kennel 1 per 100.0 m2 gross floor area
Marina N/A
Motocross/ Motor Sports Park Determined by Direct Control District
Natural Gas Plant Determined by Direct Control District
Office 3 per 100.0 m2 gross floor area
Park N/A
Pit or Quarry N/A
Recreation (Indoor) 5 per 100.0 m2 gross floor area
Recreation (Outdoor) 5 per 100.0 m2 gross floor area
Recycling/Compost Facility 1 per 100.0 m2 gross floor area
Retail (Small) < 1000 m² 2 per 100.0 m2 gross floor area
Retail (General) > 1000 m² 2 per 100.0 m2 gross floor area
Retail (Restricted) 2 per 100.0 m2 gross floor area
Retail (Outdoor) 2 per 100.0 m2 gross floor area
Riding Arena N/A
Secondary Suite (Internal) 1 additional stall
Secondary Suite (External) 1 additional stall
Self Storage 0.5 per 100.0 m2 gross floor area (minimum of 4)
School Determined by School Board
School, Trade 2 per 100.0 m2 gross floor area
Shooting Range Determined by Direct Control District
Surveillance Suite 1 stall
Tiny Home/Park Model 2 per unit
Truck Stop 1 per 100.0 m2 gross floor area (minimum of 4)
Utilities N/A
Vehicle Sales 2 per 100.0 m2 gross floor area
Vehicle Services 1 per 100.0 m2 gross floor area
Where the Use is not listed, the number of spaces shall be determined by the Development Authority,
having regard for similar uses and the estimated parking demand of the proposed use.
Where a calculation does not yield a whole number, the required number of spaces shall be rounded
down to the next whole number.
3.51 BARRIER-FREE PARKING
Minimum barrier-free parking stalls shall be calculated per the accessibility requirements of the
‘National Building Code – Alberta Edition,’ as amended, which are currently set at:
Table 6 – Barrier-Free Parking Spaces
Number Of Parking Stalls Required Number of Designated Stalls for Use
by Persons with Physical Disabilities
2-10
11-25
26-50
51-100
For each additional increment of 100 or part thereof
1
2
3
4
One additional stall
*Development is encouraged to provide at least one barrier-free parking space.
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Land Use Bylaw
Each barrier-free parking space shall:
Be at least 2.4 m wide adjacent to a 2.4 m wide access aisle,
have a firm, slip-resistant and level surface, and
be clearly marked by a vertically mounted sign and with the International Symbol of Access painted
on the pavement.
3.52 SIZE OF PARKING STALLS
Minimum parking stall dimensions are specified below and illustrated in Figure 5 – Parking Stall Dimensions:
Table 7 – Minimum Parking Stall Dimensions
A B C D E
Angle of Parking Stall Width Stall Depth* Aisle Width Overall Depth
30o 2.8 m 5.0 m 3.6 m 13.6 m
45o 2.8 m 6.5 m 3.6 m 16.6 m
60o 2.8 m 6.5 m 5.5 m 18.5 m
90o 2.8 m 6.0 m 7.0 m 19.0 m
*Perpendicular to Aisle
Figure 5 – Parking Stall Dimensions
3.53 OFF-STREET LOADING
Off-street loading spaces shall be provided and maintained by the owner in accordance with the
requirements of the Bylaw.
Off-street loading spaces shall be provided entirely within the property of the development being served.
Off-Street Loading Spaces Shall:
Have minimum dimensions of 3.1 m in width and 9.1 m in length,
Have overhead clearance of at least 4.0 m above grade,
Have vehicular access from a street or lane either directly or by a clearly defined traffic aisle, and
Be surfaced to the satisfaction of the Development Authority.
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3.54 DEFICIENT PARKING OR LOADING SPACES
When a building is enlarged or its use is changed or intensified, resulting in deficient parking or loading
spaces, the increased parking shall be limited to the requirements for the intensification.
3.55 COMMUNAL PARKING
In Non-Residential Districts, owner(s) may pool required off-street parking stalls within one (1) or more
communal parking stalls on a parcel other than the parcel of the principal use, provided:
The communal parking provides the sum of the off-street parking requirements for each
development served by the parking facility. A smaller number may be permitted if supported by a
Parking Study acceptable to the Development Authority,
Owners who have pooled their parking requirements enter into an agreement with the County and
consent to such an agreement being registered as an encumbrance against the titles of land involved,
Owners that are involved in a communal parking arrangement pay the full costs of preparation and
registration of the agreement.
Signage
3.56 GENERAL PROVISIONS
Signs shall be compatible with the general character of the prescribed District.
A sign shall not be erected or affixed on a property unless permission is granted in writing from the owner.
A sign shall be located entirely within a property unless prior written approval granting permission for
the sign to project over another property is submitted by the affected owner.
No sign shall be permitted which is attached to a fence pole, tree, or any object in a public street or
publicly owned place.
No sign or any part of a sign shall be within 3.0 m of overhead power and service lines.
No sign or any part of a sign is allowed in a County Road right-of-way.
All signs must be maintained in a manner satisfactory to the Development Authority or notice will be
served to perform the necessary repairs or remove the sign(s) within 30 days.
3.57 SIGN ILLUMINATION
The illumination of any sign shall not exceed 5,000 candelas per square metre.
Signs are not permitted to have flashing or running lights.
3.58 SIGN PERMIT
No sign may be erected or affixed unless a Sign Permit has been issued, excluding ‘Signs Not Requiring a
Permit’ (s.3.59).
A Sign Permit application shall be made using the appropriate Application Form available at the County
office and on the County’s website and shall include the following:
a site plan showing the location of the sign,
an illustration showing the overall dimensions of the sign,
the size of the letters,
information about how the sign will be attached, affixed or secured,
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County of Newell
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the height of the sign and its supporting structure above grade and clearance from grade of any
horizontal building components,
details of sign illumination,
distance from roadways, and
such other considerations as the Development Authority may deem to be relevant.
3.59 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, dog 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.
3.60 AWNING/CANOPY SIGNS
Awning/Canopy Sign means a sign which either forms part of, or is attached to, a retractable or permanently
affixed canopy, adhering to the following requirements:
Di
s
t
r
i
c
t
Agricultural Permitted
Residential Prohibited
Business Permitted
Industrial Permitted
Special Discretionary
Maximum Sign Dimensions N/A
Standards Shall be constructed of durable, waterproof, colourfast material
Shall project from 0.6 m to 1.2 m from the building or structure
Shall have a minimum clearance of 2.5 m above grade
Example Awning/Canopy Signs for visual reference:
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County of Newell
Land Use Bylaw
3.61 BILLBOARD SIGNS
Billboard Sign means a fixed sign which stands independently of a Building for the purposes of third-party
advertising of a product or service, adhering to the following requirements:
Di
s
t
r
i
c
t
Agricultural Discretionary
Residential Prohibited
Business Discretionary
Industrial Discretionary
Special Discretionary
Maximum Sign Dimensions 35.0 ² sign area
12.0 m sign height
Standards Shall be a minimum 150.0 m apart from any like sign
May be illuminated by a constant source of light
Shall be setback at a minimum of 5.0 m from a Parcel line
Shall have a minimum clearance of 3.0 m above grade
Shall not be permitted within 1.6 km of a highway right-of-way
Example Billboard Signs for visual reference:
3.62 FREESTANDING SIGNS
Freestanding Sign means a sign, other than a billboard, that is self-supporting in a fixed location and not
attached to a Building, adhering to the following requirements:
Di
s
t
r
i
c
t
Agricultural Permitted
Residential Discretionary
Business Permitted
Industrial Permitted
Special Permitted
Maximum Sign Dimensions 12.0 m2 sign area
9.0 m sign height
Standards In Business and Industrial Districts, the sign may be illuminated and
may contain electronic message display and changeable copy
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County of Newell
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In Business and Industrial Districts, the sign shall have a minimum
clearance of 2.5 m above grade
Shall be setback at a minimum of 3.0 m from a Parcel line
Shall not exceed 0.5 m2 in area or 1.5 m in height for a ‘Bed &
Breakfast’ (s.4.2) or ‘HBB2’ (s.4.12)
Example Freestanding Signs for visual reference:
3.63 INFLATABLE SIGNS
Inflatable Sign means a sign that is inflated, adhering to the following requirements:
Di
s
t
r
i
c
t
Agricultural Discretionary
Residential Prohibited
Business Discretionary
Industrial Discretionary
Special Discretionary
Maximum Sign Dimensions N/A
Standards Shall be anchored against the wind
Shall be a minimum of 10.0 m from power and service lines and
road rights-of-way
Example Inflatable Signs for visual reference:
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County of Newell
Land Use Bylaw
3.64 PORTABLE SIGNS
Portable Sign means a sign mounted on a frame, stand or similar Structure that is easily transported,
adhering to the following requirements:
Di
s
t
r
i
c
t
Agricultural Discretionary
Residential Discretionary
Business Permitted
Industrial Permitted
Special Discretionary
Maximum Sign Dimensions 5.0 m² sign area
3.0 m sign height
Standards Shall be a minimum 150.0 m apart from any like sign
Shall only be placed on the ground, not permanently affixed
All development permits for portable signs shall be temporary and may not
exceed 90 days subject to the discretion of the Development Authority
Example Portable Signs for visual reference:
3.65 PROJECTING SIGNS
Projecting Sign means a sign that is attached to a wall of a Building and horizontally extends more than 0.3 m
from the face of that wall, adhering to the following requirements:
Di
s
t
r
i
c
t
Agricultural Permitted
Residential Discretionary
Business Permitted
Industrial Permitted
Special Discretionary
Maximum Sign Dimensions Industrial Districts, 9.0 m² sign area
Non-Industrial Districts, 5.0 m2 sign area
Standards Shall not project more than 1.0 m from a building
Shall have a minimum clearance of 3.0 m above grade
Shall not project above the roof or parapet of a Building
Shall not be located within 0.6 m from the parcel line
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Example Projecting Signs for visual reference:
3.66 ROOF SIGNS
Roof Sign means any sign erected upon, against, or directly above a roof or on top of or is entirely above the
parapet wall of a building, adhering to the following requirements:
Di
s
t
r
i
c
t
Agricultural Permitted
Residential Prohibited
Business Permitted
Industrial Permitted
Special Prohibited
Maximum Sign Dimensions 9.0 m2 sign area
1.0 m sign height
Standards Shall refer to the principal use of the building on which it is erected
Examples Roof Signs for visual reference:
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County of Newell
Land Use Bylaw
3.67 WALL/FASCIA SIGNS
Wall/Fascia Sign means a flat sign that is attached flush to a Building face or is painted on, adhering to the
following requirements:
Di
s
t
r
i
c
t
Agricultural Permitted
Residential Discretionary
Business Permitted
Industrial Permitted
Special Discretionary
Maximum Sign Dimensions Shall not exceed 50% of the area of the wall on which it is placed
Standards Shall be painted on or safely and securely attached to the building
by means of metal anchors, bolts or expansion screws
Shall not project more than 0.4 m above the vertical face of the
wall to which they are attached
Shall not exceed 0.5 m2 in area or 1.5 m in height for a ‘Bed &
Breakfast’ (s.4.2) or ‘HBB2’ (s.4.12)
Examples Wall/Fascia Signs for visual reference:
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County of Newell
Land Use Bylaw
4
SECTION FOUR
Specific Uses and Activities
This section outlines specific regulations that apply to particular types of development within the County.
4.1 SPECIFIC USE REQUIREMENTS
The Development Permit requirements outlined for specific uses in this section are over and above the
development permit application requirements stated within Section 2.5 ‘Development Permit Application’.
The Development Authority shall have regard to these requirements in addition to the requirements of
Section 2.5 ‘Development Permit Application’.
4.2 AIRPORTS
General Requirements
a) The land in the vicinity of the Bassano Airport and the Brooks Airport will be controlled and regulated
in order to provide for efficient operation of the airports and reduce hazards to air traffic.
Site Requirements
b) The airport protection areas shown in Figure 6: Development in the Vicinity of an Airport, include:
i. Building Restriction Zone
1. No buildings or structures other than those required for the operation of the airport
shall be constructed or placed within this zone.
ii. Take-off/Approach Zone
1. The maximum height of any development situated in whole or in part within the
take-off/approach zone shown in Figure 6: Development in the Vicinity of an Airport,
shall not exceed the height of the take-off/approach zone.
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2. The height of the take-off/approach zone on each end of the graded surface is zero
and the gradient rises 1 m (3.3 ft.) in height for each 40 m (131 ft.) horizontal
distance measured from the end of the graded surface through the take-
off/approach zone to a maximum of 45.1 m (148 ft.) at the outside limits of the take-
off/approach zone.
3. The width of the take-off/approach zone on each end of the graded surface shall
diverge outward from the grade surface at a rate of 10 m (32.8 ft.) for each 100 m
(328 ft.) of horizontal distance measured from the end of the surface to the point
where the take-off/approach zone reaches its maximum height of 45.1 m (148 ft.).
Figure 6: Development in the Vicinity of an Airport
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4.3 BED & BREAKFAST
General Requirements
The Bed & Breakfast shall not be allowed in Secondary Suite.
The Bed & Breakfast shall be limited to a maximum of four (4) guest rooms.
No cooking facilities are permitted in guest rooms.
Site Requirements
Minimal exterior modifications of the structure or grounds may be made only if such changes are
compatible with the character of the neighbourhood.
No more than one (1) ‘Wall/Fascia Sign’ (3.67) or ‘Freestanding Sign’ (s.3.62) is permitted, at the
discretion of the Development Authority.
Notwithstanding e), a Bed & Breakfast is not allowed a ‘Freestanding Sign’ (s.3.62) in the R-HAM District.
One (1) off-street parking stall per guest room shall be required.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements.
4.4 BUILDING DEMOLITION OR REMOVAL
General Requirements
The demolition or removal of a Building is allowed in all Districts.
Site Requirements
None.
Development Permit Requirements
Prior to the Demolition or removal of a Building, a Development Permit must be approved by the
Development Authority.
Notwithstanding c), a Development Permit is not required where:
The demolition or removal of a Building is a result of a Development for which a Development
Permit has already been approved and issued, and/or
The building that is being demolished or removed does not require a Development Permit as noted
in ‘Development Not Requiring a Development Permit’ (s.2.2).
A Building Permit shall be required, as per the Safety Codes Act, for the Demolition or removal of any Building.
4.5 CAMPGROUND
General Requirements
Campgrounds shall not be used for year-round recreation vehicle storage.
A campground may include any or all of the following:
Bathroom Facility: an accessory building that includes washrooms and showers,
Laundry Facility: an accessory building that provides for the washing and/or drying of laundry,
Camp Kitchen: an accessory, un-insulated building intended to provide temporary shelter solely for
the purpose of preparing or eating food, and/or
Onsite security/operator suite.
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Site Requirements
There shall be no more than forty (40) campsites per hectare.
The following shall be applied in designing the campground site plan:
a minimum of ten percent (10%) of a campground’s gross area shall be set aside in a location
suitable to the Development Authority as a common open space recreation area,
each campsite stall must be accessed by an internal road with boundaries clearly identified,
roads shall be surfaced to the satisfaction of the Development Authority and shall be:
4.0 m in width for one-way traffic, and/or
6.0 m in width for two-way traffic,
fires will be permitted only in designated fire pits or other such facilities,
visitor parking shall be provided in a common area at a ratio of one stall per 10 campsites.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements and further set out:
What onsite facilities will be provided,
If roads are to be open year-round, provision for snow removal and snow storage, and
The screening, storage, collection and disposal of septic and solid waste.
An Applicant may be required to submit the following in support of a Development Permit:
A water and wastewater servicing plan,
A Stormwater Management Plan,
A ‘Landscaping Plan’ (s.3.34), and
A Traffic Impact Assessment.
4.6 CANNABIS PRODUCTION
General Requirements
Cannabis Production shall be restricted to Industrial Districts only.
Site Requirements
A Cannabis Production use shall have a minimum separation distance of 100 m of a:
Residential District,
School or School Reserve parcel,
Care Facility (Child, Clinic or Medical),
Park, or other use which may have a subordinate playground,
The minimum separation distance shall be measured from the closest portion of the Cannabis Production
building to the property line of the above development listed in subsection b).
No outside storage of cannabis goods, materials, or supplies is permitted.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements and further set out:
Information with respect to the air filtration system to mitigate odours (to avoid creating a nuisance).
4.7 CANNABIS RETAIL
General Requirements
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Cannabis Retail must be a permanent freestanding building without another business, or in a building
with other businesses if:
The store has its own entrance, receiving and storage,
There is no access between the Cannabis Retail store and other businesses.
Site Requirements
A Cannabis Retail use shall have a minimum separation distance of 100 m of a:
School or School Reserve parcel,
Care Facility (Child, Clinic or Medical),
Park, or other use which may have a subordinate playground.
The minimum separation distance shall be measured from the closest portion of the Cannabis Retail building
to the property line of the above development listed in subsection b).
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements.
A retail cannabis license from Alberta Gaming, Liquor and Cannabis (AGLC) is required.
4.8 CAR/TRUCK WASH
General Requirements
Car/Truck Wash uses shall not be located on parcels which, in the opinion of the Development
Authority, negatively impact adjacent Parcels in terms of noise and traffic generation.
Site Requirements
No Car/Truck Wash will be approved within 30.0 m of a Residential District as measured from property
boundary to property boundary.
The parcel containing a Car/Truck Wash use shall have space for at least one (1) vehicle per Car Wash
bay, so that vehicles have space to line up in front of the bays.
An oil/grit separator is required, in accordance with applicable Provincial regulations.
On-site storage of sludge/waste is prohibited.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements.
An Applicant may be required to submit a Traffic Impact Assessment.
4.9 DRIVE-THROUGH
General Requirements
A Drive-Through is a subordinate of an Establishment (Eating & Drinking) or Retail (Small).
The owner or operator of a drive-through shall at all times maintain the parcel, its buildings and
structures in a clean, neat, tidy, and attractive condition, free from rubbish and debris.
Site Requirements
The boundary between a parcel with a Drive-Through and any adjacent Residential Districts shall be
fenced, not less than 1.8 m in height.
A minimum of one (1) garbage receptacle is required along the length of a Drive-Through.
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A Drive-Through is required to provide the following minimum stacking spaces:
Food Pick-up Window: 30.0 m from order box to pick-up window
Bank Machine: 23.0 m from bank machine window
Notwithstanding e) the minimum stacking space requirements may be varied by the Development
Authority depending upon the intensity of the proposed development.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements.
An Applicant is required to submit a Site Plan illustrating how motor vehicles will enter and exit the
Drive-Through and not obstruct adjacent sidewalks, streets or lanes.
An Applicant may be required to submit a Traffic Impact Assessment.
4.10 EXHIBITION GROUNDS
General Requirements
None.
Site Requirements
Overnight camping may be allowed for a maximum of five (5) consecutive nights, or as set out in the
Development Permit conditions.
Development Permit Requirements
A Development Permit application will respond to the above requirements, and further set out:
The maximum number of animals that may be kept on the site at any one time,
Whether overnight camping of event participants may be allowed,
Garbage and manure control, and
On-site stock trailer parking and participant/spectator parking.
An Applicant may be required to submit the following in support of a Development Permit:
A Water and Wastewater Servicing Plan, and
A Traffic Impact Analysis.
4.11 GAS STATION
General Requirements
Gas Stations shall not be located on Parcels which, in the opinion of the Development Authority, would
be considered unsafe in terms of vehicle circulation, or access to/egress from the Parcel.
Site Requirements
A parcel on which a Gas Station is located shall have a road frontage of at least 30.0 m.
No fuel pump or storage tank shall be located within 12.0 m from the front property line.
No fuel pump or storage tank shall be located within 6.0 m from any side or rear property line.
A minimum of ten percent (10%) of the parcel shall be landscaped to the satisfaction of the
Development Authority.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements.
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A Development Permit application for a Gas Station shall be referred to the Rural Fire and Emergency
Services Coordinator, and the Development Authority shall consider their recommendations when making a
decision on the permit.
4.12 HOME-BASED BUSINESS TYPE ONE (HBB1)
General Requirements
Persons employed in the HBB1 shall be residents of the principal dwelling.
The HBB1 shall be contained entirely within the principal dwelling.
The HBB1 may generate up to two (2) business-related visits per day, defined as two (2) vehicles visiting
the business per day.
The HBB1 should not operate between the hours of 8:00 p.m. and 8:00 a.m. if noise is generated.
The sale of goods is restricted, unless they are incidental to the service provided by the business.
Retail, Establishments (Eating & Drinking), and automotive-related businesses are not allowed.
Site Requirements
The HBB1 shall not alter the character or external appearance of the land or buildings.
No outside storage of equipment, goods, materials, commodities, or finished products is permitted.
No more than one (1) commercial vehicle shall be parked onsite.
No form of advertising related to the HBB1 is allowed onsite, apart from a small ‘Wall/Fascia Sign’
(s.3.67) not exceeding 0.2 m2.
At least one (1) off-street parking stall shall be required.
Development Permit Requirements
A Development Permit is not required for a HBB1 so long as it complies with the above Requirements.
An approved HBB1 shall be valid only for the period of time the property is occupied by the Applicant.
4.13 HOME-BASED BUSINESS TYPE TWO (HBB2)
General Requirements
Persons employed in the HBB2 shall be residents of the principal dwelling.
Notwithstanding a) there can be up to two (2) non-resident employees working at the business.
The HBB2 shall be contained within the principal dwelling and may utilize its accessory buildings.
HBB2 may generate up to ten (10) business-related visits per day in an Agricultural District and up to four
(4) business-related visits per day in all other Districts.
The HBB2 should not operate between the hours of 8:00 p.m. and 8:00 a.m. if noise is generated.
The sale of goods is restricted, unless they are incidental to the service provided by the business.
Retail and Establishments (Eating & Drinking) are not allowed.
Site Requirements
The HBB2 shall not alter the character or external appearance of the principal dwelling.
Outside storage may be permitted, at the discretion of the Development Authority, provided it:
Is screened from adjacent lands and roads,
Meets minimum setback requirements for buildings within a District, and
Does not exceed 400.0 m2 or one percent (1%) of the parcel area, whichever is less,
No more than two (2) commercial vehicles shall be parked onsite.
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No more than one (1) ‘Wall/Fascia Sign’ (s.3.64) or ‘Freestanding Sign’ (s.3.62) is permitted, at the
discretion of the Development Authority.
Notwithstanding l), HBB2 are not allowed a ‘Freestanding Sign’ (3.62) in the R-HAM District.
At least two (2) off-street parking stalls shall be required.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements.
An approved HBB2 shall be valid only for the period of time the property is occupied by the Applicant.
Table 8 – HBB1 Compared to HBB2
HBB1 HBB2
Non-Resident Employees None Up to Two
Commercial Vehicles and Trailers One Up to Two
Outside Storage None At Development Authority’s discretion
Off-Street Parking 1 additional stall 2 additional stalls
Signs Small Wall/Fascia Sign Wall/Fascia Sign or Freestanding Sign (excluding R-HAM)
4.14 KENNEL
General Requirements
None.
Site Requirements
No Kennel is permitted on a parcel smaller than 1 hectare in size.
No buildings or exterior exercise area(s) to be used to accommodate dogs or other domestic pets shall
be allowed within 300 m of any dwelling located on adjacent parcels.
One (1) ‘Freestanding Sign’ (s.3.62) is permitted, at the discretion of the Development Authority.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements.
In the approval of a kennel and small animal breeding facility, the Development Authority may apply
conditions regarding:
the location, soundproofing, screening and enclosure of any facility,
the number of animals, and
the hours that animals are allowed outdoors.
An Applicant may be required to submit the following in support of a Development Permit:
a diagram indicating the distances between buildings or exterior exercise areas used to
accommodated dogs and dwellings located on adjacent parcels, and
An inspection report by a Doctor of Veterinary Medicine.
4.15 LIVE/WORK UNITS
General Requirements
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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 non-residential component of a live/work unit will be a minimum of 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.
4.16 MOVED-IN BUILDINGS
General Requirements
Any building proposed to be moved-in to a parcel should be an existing use in the given District.
All Moved-In Buildings require a Development Permit, even if that use is a Permitted Use in a District.
All Moved-In Buildings not placed on a basement shall be skirted to the satisfaction of the Development
Authority.
Site Requirements
The Development Authority shall consider whether the building is compatible with the character of the
District in which the Moved-In Building is proposed to be located.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements and further provide:
photographs showing all sides of the building,
a statement of the type of construction, condition, and age of the building,
a statement of proposed improvements with an estimate of costs.
The Development Authority shall require:
a Security of $5,000 in alignment with Section 2.25 ‘Securities.’
The Development Authority may require:
the Applicant to provide evidence of a building inspection that demonstrates that the Moved-In
Building is habitable.
4.17 PIT OR QUARRY
General Requirements
Both Class 1 and Class 2 pits as defined in the provincial Code of Practice for Pits shall require a
Development Permit to operate.
A Pit or Quarry may be considered for approval provided that:
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if it is less than 5 hectares in size, a reclamation plan must be provided to the satisfaction of the County, or
if it is 5 hectares in size or greater, a reclamation plan must be filed with Alberta Environment and Parks
(AEP) that complies with its regulations and recommendations, and a copy provided to the County.
Site Requirements
A Pit or Quarry shall have a minimum separation distance of:
300 m from a dwelling in an Agricultural District,
1000 m from a Hamlet.
The minimum separation distance shall be measured from the closest portion of the planned working area of
the Pit or Quarry.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements and further provide:
operation plans,
details of roads, access points and traffic volumes,
surface access agreement with the landowner,
location and phasing of vegetation clearance and stripping of topsoil,
identification of areas to be left undisturbed, and
a reclamation plan and performance guarantees.
Only MPC can provide a Variance for a Pit or Quarry.
4.18 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 principle 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.
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4.19 SECONDARY SUITES (INTERNAL)
General Requirements
Units shall have a minimum floor area of 30.00 m2 and maximum of 110.0 m2 unless it is located in a
basement of a principal dwelling unit in which case the maximum may be exceeded.
The exterior of the principal dwelling shall continue to appear as a single dwelling.
Site Requirements
Provide a minimum of one (1) dedicated on-site parking stall.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements and further provide:
A Floor Plan.
4.20 SMALL WIND ENERGY SYSTEM
General Requirements
There shall be a limit of one small wind energy system per parcel.
The system’s tower shall not exceed a maximum height of:
12.0 m on a parcel of less than 0.4 ha, or
20.0 m on a parcel of 0.4 ha or greater.
The system’s tower and supporting structures shall be painted a single, neutral, non-reflective, non-
glossy (for example, earth-tones, gray, black) that, to the extent possible, visually blends the system
with its surroundings.
The system’s tower-climbing apparatus and blade tips shall be no closer than 4.6 m from ground level
unless the system is enclosed by a 1.8 m high fence.
Upon abandonment or termination of the system’s use, the entire facility, including the system’s tower,
turbine, supporting structures and all equipment, shall be removed and the site shall be restored to its
pre-construction condition.
Site Requirements
The system’s tower shall be set back a minimum distance equal to the height of the tower from all
parcel lines, and a minimum distance of 3.0 m from any other structure on the parcel on which the
system is located.
Notwithstanding g), on parcels 4.0 ha or more, the parcel line setback may be reduced if the Applicant
demonstrates that:
Because of topography, strict adherence to the setback requirement would result in greater
visibility of the system’s tower than a reduced setback, and
The system’s tower is set back a minimum distance equal to the height of the tower from any
structure on adjoining parcels.
Development Permit Requirements
A Development Permit application will respond to the above noted Requirements and any Provincial or
Federal regulations.
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4.21 SOLAR PANELS (FREESTANDING)
General Requirements
A Development Permit is not required for Solar Panels (Freestanding) provided they are smaller than 56
m2 in an Agricultural General (A-GEN) District and smaller than 28 m2 in all other Districts where
permitted, so long as they comply with the above Requirements and all setbacks and height regulations
of the Land Use District.
A Development Permit is required for Solar Panels (Ground Mount) that are large than 56 m2 in an
Agricultural General (A-GEN) and larger than 28 m2 in all other Districts, and a Development Permit
application will respond to the above noted requirements and all setbacks and height regulations of the
Land Use District.
Site Requirements
Shall be located such that it does not create undue glare on neighbouring parcels or roadways.
Shall not be located in the front yard or side yard of a parcel smaller than 1.2 ha.
Development Permit Requirements
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.
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.
Installations of Solar Panels (Freestanding) larger than 5MW (approximately 8 hectares in size) shall be
circulated to adjacent landowners and require Alberta Utilities Commission (AUC) approval.
4.22 SOLAR PANELS (ROOF TOP)
General Requirements
May project a maximum of 1.3 m from the surface of the roof and shall not exceed the maximum height
requirements of the applicable District.
Shall not extend beyond the outermost edge of the roof.
Site Requirements
None.
Development Permit Requirements
A Development Permit is not required for Solar Panels (Roof Top) so long as they comply with the above
Requirements.
4.23 SOLAR PANELS (WALL MOUNTED)
General Requirements
May project a maximum of 1.5 m from the surface of the wall, when the wall faces the rear property
line, subject to the setback requirements of the applicable District.
May project a maximum of 0.6 m from the surface of the wall when the wall faces the front, or side
property line, subject to the setback requirements of the applicable District.
Site Requirements
Shall be located such that it does not create undue glare on neighbouring parcels or roadways.
Shall be located a minimum of 2.4 m above grade.
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Development Permit Requirements
A Development Permit application will respond to the above noted Requirements.
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5
SECTION FIVE
Land Use Districts
This section outlines specific regulation that applies to the County’s Land Use Districts.
5.1 LAND USE DISTRICT MAP
Districts are described in the short form on the Land Use District Map, within “Schedule A” of this
Bylaw.
District boundaries are delineated on the Land Use District Map. Where the precise location of the
boundary is uncertain, the following rules apply:
Where a boundary follows a street, lane, stream or canal it shall follow the centreline thereof,
Where a boundary generally follows a parcel line, it shall follow the parcel line,
Where specific dimensions are noted on the Land Use District Map, those dimensions shall be
followed,
Where there is doubt or dispute concerning the exact location of the boundary of a District, Council
shall determine the location of the boundary according to the direction of this Bylaw.
Boundaries shall not be altered except by an amendment to this Bylaw.
Administration shall maintain a list of amendments to the boundaries on the Land Use District Map and
update the local GIS database to reflect amendments.
5.2 DIRECT CONTROL DISTRICTS (DC)
Direct Control Districts provide for development that, due to unique characteristics, innovative ideas or
unusual site constraints, require specific regulations unavailable in other Districts.
Land uses within a Direct Control district shall be at the discretion of Council.
All development regulations within a Direct Control district shall be at the discretion of Council.
Direct Control Districts must not be used:
In substitution of any other land use district in this Bylaw that could be used to achieve the same
result either with or without relaxations of this Bylaw, or
To regulate matters that are regulated by subdivision or Development Permit approval conditions.
Where a parcel is designated Direct Control, the guidelines approved by Council at the time of such
designation shall continue to apply, notwithstanding any requirement of this Bylaw to the contrary.
The following uses must only be listed as a use on a parcel that has been designated Direct Control:
Airport,
Motocross/Motor Sports Park,
Natural Gas Plant, and
Shooting Range.
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5.3 DIRECT CONTROL DISTRICT APPLICATIONS
Application requirements for the submission of a Direct Control District include:
All information required for an ‘Application to Amend the Bylaw’ (s.1.24),
A written statement indicating why, in the Applicant’s opinion, a Direct Control District is necessary
and why the same results cannot be achieved through the use of a land use district in this Bylaw,
A list of permitted and discretionary uses proposed for the site,
Plans and elevations or other documentation, that would help to substantiate the need for the
Direct Control District, and
Any other information as may be required by the Development Authority and Council.
5.4 LAND USE DISTRICT CONVERSION
Districts in the Bylaw have been updated as follows:
Table 9 – Land Use District Conversions
Land Use Bylaw No. 1892-17 (as amended) Land Use Bylaw No. 2016-21
A AGRICULTURAL DISTRICT A-GEN AGRICULTURE, GENERAL DISTRICT
SLA SINGLE LOT AGRICUTURAL DISTRICT A-GEN AGRICULTURE, GENERAL DISTRICT
SH SMALL HOLDINGS DISTRICT A-SML AGRICULTURE, SMALL LOT
HTA HAMLET TRANSITIONAL AGRICULTURE DISTRICT A-HAM AGRICULTURE, HAMLET TRANSITIONAL
AR ACREAGE RESIDENTIAL DISTRICT R-RUR RESIDENTIAL, RURAL DISTRICT
GRR GROUPED RURAL RESIDENTIAL DISTRICT R-RUR RESIDENTIAL, RURAL DISTRICT
NEW DISTRICT
Swenson Place DC District (PCL A, Plan 818JK (NE 36-18-15-W4))
Prins Acres DC District (Lot 3, Plan 981 2557 (SE 1-19-15-W4))
Westridge DC District (Lot 4, Plan 001 1930 (SW 1-19-15-W4)
Laverne Rose DC District (Lot 3, Plan 981 0148 (NW 32-18-15-W4))
Heinrich Estates DC District (Ptn SW 9-19-14-W4)
Stinnison DC District (Ptn SW 21-19-14-W4)
Sagebrush Estates (Lot 1, Blk 4, Plan 081 2682 (SW 1-19-14-W4))
R-MAN RESIDENTIAL, MANUFACTURED HOME PARK DISTRICT
HR HAMLET RESIDENTIAL DISTRICT R-HAM RESIDENTIAL, HAMLET DISTRICT
HB HAMLET BUSINESS DISTRICT B-HAM BUSINESS, HAMLET DISTRICT
RB RURAL BUSINESS DISTRICT B-RUR BUSINESS, RURAL DISTRICT
RI RURAL INDUSTRIAL DISTRICT I-GEN INDUSTRIAL, GENERAL DISTRICT
FR FRINGE DISTRICT A-GEN AGRICULTURE, GENERAL DISTRICT
PS PUBLIC SERVICE DISTRICT S-PPS SPECIAL, PARKS AND PUBLIC SERVICES DISTRICT
AJ ALTERNATIVE JURISDICTION DISTRICT S-PPS SPECIAL, PARKS AND PUBLIC SERVICES DISTRICT
PR PARKS AND RECREATION DISTRICT S-PPS SPECIAL, PARKS AND PUBLIC SERVICES DISTRICT
NEW DISTRICT S-NOS SPECIAL, NATURAL OPEN SPACE DISTRICT
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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
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 (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
o One (1) Secondary Suite
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MAXIMUM BUILDING HEIGHT: N/A
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 other parcels 6.0 m from other parcels
EXCEPTIONS:
a) Within the plan areas of the Intermunicipal Development Plans with the City of Brooks, Town of Bassano,
Village of Duchess and Village of Rosemary, the following uses are discretionary:
i. Agriculture Building ≥300 m2,
ii. Accessory Building/Structure ≥300m2, and
iii. Utilities.
b) Pit or Quarries should not be located within the plan area of the Intermunicipal Development Plans with
the City of Brooks, Town of Bassano, Village of Duchess and Village of Rosemary.
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
THE FOLLOWING SUBDIVISION POLICY APPLIES:
General
c) The Municipal Planning Commission may only approve one subdivision on an unsubdivided quarter
section within the plan area of the Intermunicipal Development Plan with the Village of Duchess. The
Municipal Planning Commission may consider a quarter section to be unsubdivided if previous
subdivisions were for the purpose of public or quasi-public use or the quarter section meets the
requirements of cut-off or fragmented Agricultural parcel.
Agricultural Uses
d) A subdivision for an Agricultural (Intensive) use may be treated as an agricultural use and may be
permitted as one of the allowable subdivisions from a quarter section.
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e) The Municipal Planning Commission shall not approve an application for subdivision of a parcel on which
an existing or proposed confined feeding operation (CFO) is located.
f) Creation of 32.4 ha (80 acre) parcels is allowed.
Existing Parcels
g) The enlargement, reduction or realignment of an existing separate parcel may be approved provided that:
i. the additional lands required are to accommodate existing or related improvements;
ii. the proposal is to rectify or rationalize existing habitation, occupancy, cultivation, or settlement
patterns;
iii. no additional parcels are created over and above those presently in existence;
iv. the proposed new parcel and the proposed residual parcel will continue to have direct legal and
physical access to a public roadway, adequate development setbacks, and a suitable building site;
v. the size, location and configuration of the proposed new parcel will not significantly affect any
irrigation or transportation system in the area or the urban expansion strategies of the Village of
Duchess.
Cut-Off or Fragmented Agricultural Parcels
h) Subdivision of an undeveloped or developed cut-off parcel may be approved if:
i. the proposed parcel is separated from the residual parcel by:
i. a registered exception from the title,
ii. a feature that creates a significant physical barrier to use of both sides as a unit;
ii. the proposed parcel has direct legal and physical access;
iii. neither the proposed parcel nor the residual parcel are occupied by a livestock operation.
i) A quarter section which has been subdivided pursuant to the provisions of the above policy or previous
provincial policies may be eligible for the subdivision of:
i. an existing farmstead or vacant parcel provided that the proposal is consistent with the
requirements established for rural residential parcels; and
ii. the residual of the fragmented parcel must be at least 1.2 ha (3 acres) in size.
Single Parcel Developed Farmstead
j) A subdivision that proposes to create a single parcel containing a Dwelling or farmstead may be approved
provided that the proposed parcel is to be subdivided from a previously unsubdivided quarter section
compliant with the farmstead definition with a flexible maximum parcel size based on the improvements.
Single Vacant Parcel
k) A subdivision which proposes to create a single vacant parcel may be approved provided that:
i. the proposed parcel to be created is a maximum of 2.8 ha (7.0 acres) in size; and
ii. the proposed parcel contains, in the opinion of the Municipal Planning Commission, a buildable
site; and
iii. the proposed parcel can be serviced to the satisfaction of the Municipal Planning Commission;
and
iv. the development on the proposed parcel will not, in the opinion of the Municipal Planning
Commission, inhibit public access to or otherwise have a detrimental effect on agriculture or the
recreational use of a river valley, water body, environmentally sensitive area or special scenic
location; and
v. the proposed parcel and the residual parcel both have direct legal and physical access to a public
roadway to the satisfaction of the Subdivision Authority; and
vi. the access is satisfactory to Alberta Transportation where the access is onto or in close proximity
to a primary highway; and
vii. the size and location of the proposed parcel will not significantly affect any irrigation system in
the area.
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Public and Institutional Uses
l) A subdivision application for public or institutional uses may be approved if
i. the Municipal Planning Commission is satisfied that suitable, existing alternative parcels are not
reasonably available in another land use district;
ii. the use was functioning. In this case the application should encompass the developed site only;
iii. the legal and physical access, including access to the residual agricultural parcel, satisfies Alberta
Transportation, in the case of a provincial highway or County of Newell in the case of municipal
roads; and
iv. the Municipal Planning Commission is satisfied that the use is primary, suitable for the proposed
parcel, has the ability to be serviced with domestic water and wastewater and will be developed
as proposed.
ADDITIONAL REQUIREMENTS:
Proposed Agricultural (Regulated) 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) 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.
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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
Utilities 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
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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 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.
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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.
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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 Tiny Home/Park Model
Addition Solar Panels (Wall Mounted)
Dwelling (Manufactured Home)
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.
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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.
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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 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.
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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)
Utilities Retail (Restricted)
Self Storage
Surveillance Suite
Truck Stop
Vehicle Sales
Vehicle Services
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: 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.
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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
Solar Panels (Freestanding) greater than 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 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.
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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)
Utilities Recreation (Outdoor)
Shipping Container
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.
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.
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S-NOS Special, Natural Open Space District
PURPOSE: To protect environmentally sensitive areas by restricting development to clearly compatible uses and to
provide access to the public in a manner that preserves the area in accordance with the MGA.
PERMITTED USES: DISCRETIONARY USES:
Natural Conservation Lands
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.
ADDITIONAL REQUIREMENTS:
All parcel and development regulations shall be at the discretion of the Development Authority and shall
proceed in a manner to minimize impacts on the natural environment.
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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 detached 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.
ACCESSORY STRUCTURE means a detached unenclosed structure which is subordinate or incidental to the Principal
Use or Principal Building located on the same site. Typical accessory structures include, but are not limited to
flagpoles, personal swimming pools, personal hot tubs, satellite dishes, personal play structures, utility covers, etc.
ADDITION means construction that increases the footprint of an existing building or structure on the parcel of land.
Typically there will be a common connection from the existing building to the addition.
ADJACENT means contiguous or would be contiguous if not for an easement, right-of-way, road or natural feature.
AGRICULTURAL BUILDING means any building or structure associated with agriculture or grazing, including corrals,
stockpiles, haystacks, , grain bins, and barns.
AGRICULTURE (GENERAL) means the raising of crops or the rearing of livestock, or production of honey either
separately or in conjunction with one another and includes buildings and other structures limited to the regulations of
the District. This use does not include Cannabis Production.
AGRICULTURE (INTENSIVE) means a use where plants are intensively grown and processed for food or non-food use.
Typical uses include greenhouses, nurseries, tree farms, market gardens, mushroom farming, vermiculture and
aquaculture. This use does not include Cannabis Production.
AGRICULTURE (PROCESSING) means a use for storage and upgrading of agricultural products for distribution or sale
through value added processes such as mixing, drying, canning, fermenting, chemical, seed cleaning, biological or other
treatments, the cutting, smoking, aging, wrapping and freezing of meat, or similar production methods, including feed
mills and grain mills. This use does not include Agriculture (Intensive or Regulated) or Cannabis Production.
AGRICULTURE (REGULATED) means a use where the intensity of agriculture operations has significant land or water
demands and may include off-site impacts that are licensed under provincial or federal regulations. Typical uses
include abattoirs, anhydrous ammonia storage and fertilizer plants. This use does not include Cannabis Production.
AIRPORT means any area designed, prepared, equipped or set aside for the arrival, departure, movement or servicing
of commercial or private aircraft; and includes any associated buildings, installations, open space, runways and
equipment for landing/takeoff and flight control. Such an operation will include all the facilities required for the
housing, administration, management and maintenance of aircraft.
ALCOHOL PRODUCTION means a use where beer, spirits and other alcoholic beverages are manufactured that may
have a private hospitality area where products made on the premises are provided to private groups for tasting and
consumption and are sold to the general public for consumption on the premises and that may include the retail sale
of products. Typical uses include breweries, distilleries, wineries, and meaderies.
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AMENITY AREA means an area(s) within the boundaries of a development intended for recreational purposes. These
may include landscaped areas, patios, balconies and other similar items that are intended for public use.
ANIMAL HEALTH (INCLUSIVE) means a use for the care, treatment, or impoundment of animals both considered as
domestic pets or farm animals. This would include pet clinics, animal veterinary clinics and veterinary offices with or
without outdoor pens, runs and enclosures.
ANIMAL HEALTH (SMALL ANIMAL) means a development such as a hospital or shelter used for the temporary or overnight
accommodation, care, treatment or impoundment of animals considered as domestic pets, but not farm animals. Typical
uses include pet clinics, animal veterinary clinics and veterinary offices without outdoor pens, runs or enclosures.
ANTENNA SYSTEM means an antenna and some sort of supporting structure, normally a tower for transmitting or
receiving television, radio, telephone, internet or other electronic communications which is regulated by ‘Innovation,
Science and Economic Development Canada.’
APPLICANT means a person who makes an application for any document, approval, permit or other thing that may be
issued, made or done under the authority of the Bylaw.
AUCTION MARKET means the use of land or buildings for the auctioning or sale and related temporary storage of
primarily livestock, but may also include household effects, personal goods and equipment, and vehicles. This use
includes livestock sales yards but does not include on-site slaughtering as allowed in Agriculture (Regulated).
BED & BREAKFAST means a use where temporary sleeping accommodation is provided for up to four (4) guest rooms.
BOAT LAUNCH means a ramp, typically constructed of wood, metal, or earth/gravel, that extends from a shoreline
into a water body, specifically for the purpose of launching or removing watercraft.
BUILDING includes anything constructed or placed on, in, over or under land, but does not include a provincial
highway or road or a bridge that forms part of a provincial highway or road.
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.
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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.
BUILDING, PRINCIPAL means a building, which in the opinion of the Development Authority occupies the major or
the central portion of a site, or is the chief or the main one among the buildings on the site, or constitutes by reason
of its use the-primary purpose for which the site is used.
BUILDING PERMIT means a permit issued in writing by a designated Safety Codes Officer authorizing the
commencement of a use, occupancy, relocation, construction, or demolition of any building.
BULK FUEL means a use where gas and petroleum products are stored for distribution to customers.
BUNK HOUSE means an accessory building which has sleeping accommodation, but which does not have cooking
facilities and is not intended to be used as a self-contained unit.
BYLAW means the current Land Use Bylaw of the County of Newell.
CAMPGROUND means a use where Recreational Vehicles, tents or similar short-term accommodations, are used for
recreation, and is not normally used as year-round storage or for permanent dwelling. 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.
CANNABIS PRODUCTION means a building or use where federally approved medical or non-medical (recreational)
cannabis plants are grown, processed, packaged, tested, destroyed, stored or loaded for shipping, and that meets all
federal or provincial requirements and that meets all requirements of this bylaw, as amended from time to time.
CANNABIS RETAIL means the use of a store, premises or a building for a commercial retail cannabis business, licensed
by the Province of Alberta, where legal non-medical cannabis and cannabis accessories are sold to individuals who
attend at the premises and the product sales or associated sales are expressly authorized by the Alberta Gaming and
Liquor Commission (AGLC).
CAR/TRUCK WASH means a facility for the washing of motor vehicles on a commercial basis.
CARE FACILITY (CHILD) means the use of a building or portion thereof to provide care, instruction, supervision of
seven or more children under the age of 13 years, by persons other than one related by blood or marriage, for
periods not exceeding 24 consecutive hours. Typical uses include day-care facilities, early childhood services, and
nurseries.
CARE FACILITY (CLINIC) means the use of a building or a portion thereof to provide medical and health care services
on an outpatient basis only. Typical uses include medical and dental offices, massage or health care clinics, pre-natal
clinics and counseling services.
CARE FACILITY (GROUP) means the use of a building or portion thereof to provide care for individuals who are either
disabled or in need of supervision reside on a temporary or long-term basis, in accordance with their individual needs.
Typical uses include foster or boarding homes, group homes, family homes and long-term care facilities.
CARE FACILITY (SENIORS) means a facility where accommodation is provided to residents in a congregate setting.
Room and board services, housekeeping and twenty-four (24) hour personal care and social and recreation support
may be provided. Typical uses include lodges and senior homes.
CARE FACILITY (MEDICAL) means a facility where medical treatment for the sick, injured, or infirm is provided,
including out-patient services and accessory staff residences. Typical facilities would include hospitals, sanitariums,
convalescent homes, psychiatric hospitals, auxiliary hospitals, and detoxification centres.
CEMETERY means a use where the entombment of the deceased occurs and may include such facilities as crematories,
cineraria, columbaria, mausoleums, memorial parks, burial grounds, cemeteries, and gardens of remembrance.
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CHANGE OF USE means the conversion of land or building, or portion thereof from one land use activity to another in
accordance with the Permitted or Discretionary Uses as listed in each Land Use District.
CONFINED FEEDING OPERATION means a commercial agricultural operation where livestock is confined within a
facility for the purpose of sustaining, finishing or breeding. Such an operation requires registration and approval
under the Agricultural Operations Practices Act (AOPA).
CONSTRUCT means to build, rebuild, or relocate and without limiting the generality of the word, also includes: any
preliminary operation such as excavation, filling or draining; altering an existing building or structure by addition,
enlargement, extension, or other structural change; and any work which requires a Building Permit.
COUNCIL means the Council for the County of Newell.
COUNTY means the County of Newell.
DEMOLITION means the pulling down, tearing down or razing of a building or structure.
DEVELOPMENT means:
a) An excavation or stockpile and the creation of either of them, or
b) A building or an addition to or replacement or repair of a building and the construction or placing of any of
them on, in, over or under land, or
c) A change of use of land or a building or an act done in relation to land or a building that results in or is likely
to result in a change in the use of the land or building, or
d) A change in the intensity of use of land or a building or an act done in relation to land or a building that
results in or is likely to result in a change in the intensity of use of the land or building.
DEVELOPMENT AGREEMENT means an agreement which is a contract between a developer and the County
regarding requirements of the County and/or the sharing of costs arising from the construction or servicing of a
development.
DEVELOPMENT AUTHORITY means a Development Authority established pursuant to the MGA to exercise
development powers and duties on behalf of the County.
DEVELOPMENT PERMIT means a document or permit, which may include attachments, issued pursuant to this Bylaw
authorizing a development.
DIRECT CONTROL DISTRICT means a district in the Land Use Bylaw which details guidelines established by Council for
control over the use and development of an area pursuant to the provisions of the MGA.
DISTRICT means a Land Use District, a specifically delineated area or zone within which the development standards
of this bylaw govern the use, placement, spacing, and size of land and buildings.
DUGOUT means an excavation specifically sited and constructed for the purpose of catching and storing water.
Depending on the circumstances, the dugout may be intended for either seasonal use or permanent use.
DWELLING a building or portion of a building consisting of one or more rooms operated or intended to be operated
as a permanent residence for a household, containing cooking, sleeping and sanitary facilities only for that unit. All
Dwellings or Dwelling Units shall have a permanent foundation.
DWELLING (MANUFACTURED HOME) means a dwelling that is manufactured to be moved from one point to another
that is located on a permanent foundation and which provides completely self-contained, year-round residential
accommodation and meets the requirements for a residence under the Canadian Standards Association.
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DWELLING (MULTI-UNIT) means a dwelling with three (3) or more dwelling units. This use includes condominium
style housing types such as Townhouses, Rowhouse, Stacked-Townhouses and Four-plexes or Apartments. Accessory
Dwelling Units are not permitted in Dwelling (Multi-Unit).
DWELLING (DUPLEX) means a dwelling containing two (2) dwelling units having the dwelling area of one located
above the dwelling area of the other each with a private entry (commonly referred to as a Duplex), or a dwelling
containing not more than two (2) dwelling units sharing a common wall, which may be subdivided along the common
wall (commonly referred to as a Semi-Detached Dwelling).
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.
EASEMENT means a right held by one party in land owned by another, typically for access thereto or to accommodate
a utility over the parcel, and is typically registered on title.
ENVIRONMENTALLY SIGNIFICANT AREA means areas identified as such on the Alberta Environment and Parks
Ministerial database.
EXHIBITION GROUNDS means the use of land or building, public or private, for temporary events including seasonal
shows, conventions, conferences, seminars, product displays or sale of goods, recreation activities, rodeos and
entertainment functions. This use may include accessory functions including food and beverage preparation and
service for on-premise consumption. Onsite camping is permitted on a temporary event time limited basis at the
Development Authority’s discretion.
ESTABLISHMENT (EATING & DRINKING) means use where food is prepared and alcoholic beverages may be offered
for sale to the public for consumption. Typical development includes restaurants, diners, fast food restaurants,
takeout only restaurants, bars and pubs.
ESTABLISHMENT (ENTERTAINMENT) means a use where live performances or motion pictures are shown. Typical
development includes auditoria, cinemas and theatres but does not include Establishment (Restricted).
ESTABLISHMENT (RESTRICTED) means a use where potentially controversial services are offered to the public. Typical
uses would include but are not limited to strip clubs or shows, bingo halls, and casinos.
EXCAVATION means any breaking of ground, except common household gardening and ground care.
FARM GATE SALES means a use where the sale of farm products which are produced in the same farming operation
takes place.
FARMERS MARKET means a market which has a primary use of selling goods produced in farming operations, and
operates on a regular but temporary occurrence, and can include use of a building, structure or parking lot for the
purpose of selling any or all produce and crafts.
FARMSTEAD means a part of an Agricultural parcel:
(a) that is presently or was formerly used as the site for a dwelling as part of an agriculture operation;
(b) that typically includes agricultural buildings such as quonsets, grain bins, sheds, and ancillary structures such
as corrals, dugouts, storage areas for farm machinery, equipment and products;
(c) that is relatively compact and well defined by topography, shelterbelts or other physical characteristics;
(d) that does not include any cultivated farmland, pasture land or lands unsuitable for agricultural production
unless included within the shelter belt and/or physically defined area. Fencing alone shall not constitute a
physically defined area if it encompasses agricultural land or other lands that are not necessary for
habitation, unless it is proven to be impractical to do so.
FENCE means a vertical physical barrier constructed to prevent visual intrusions, unauthorized access, or provide
sound abatement.
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FILLING means the import and placement of natural uncontaminated earth or aggregate materials (e.g. clay, silt,
sand, gravel) on a parcel for the purposes of altering/modifying grades, drainage, or building up a site for a proposed
building or development, but does not include the import and placement of dry-waste, hydro vac material or land fill
waste materials, and does not include the placing of topsoil.
FIRST PARCEL OUT means a single residential or agricultural parcel created from a previously un-subdivided Quarter
Section.
FLOOD FRINGE means the portion of the flood hazard area outside of the floodway, as determined by the Province of
Alberta. Water in the flood fringe is generally shallower and flows slower than in the floodway.
FLOOD HAZARD AREA means the area of land bordering a water course or water body that would be affected by a
design flood and includes the flood fringe and floodway, and may include areas of overland flow, as determined by
the Province of Alberta.
FLOODWAY means the portion of the flood hazard area where flows are deepest, fastest, and most destructive, as
determined by the Province of Alberta. The floodway typically includes the main channel of a watercourse and a
portion of the adjacent overbank area.
FLOOR AREA means the total floor area of a building within the exterior walls. This does not include basement areas parking
areas below grade, and areas devoted exclusively to mechanical or electrical equipment servicing the development.
FOOTPRINT means the shape of the building/structure where it sits on the parcel. If an outline of the building could
be drawn on the ground where it sits and then the building removed, the footprint is the shape that was drawn
around the building. Changing the footprint of the building means adding to it or removing from it in such a way that
this outline would be altered.
FOUNDATION means the supporting base structure of a building which has been designed and engineered to support
the associated weight of the building or structure.
FUNERAL HOME means a commercial operation used for the arrangement of funerals, the preparation of the
deceased for burial or cremation, and the holding of funeral services.
GAS STATION means a commercial operation established to provide fuel and oil products for sale to the general
public. Such an operation will have no provision to accommodate vehicle repairs or maintenance. The operation may
include a building to accept payment for purchases and may also include limited retail sale of food products and may
include Establishment (Eating & Drinking) a subordinate use.
GOVERNMENT SERVICES means a use where municipal, provincial or federal government services directly to the
public or the community at large, and includes development required for the public protection of persons or
property. Typical facilities would include police stations, fire stations, courthouses, post offices, municipal and social
services offices.
GRADE, BUILDING means the ground elevation established for the purpose of regulating the number of stories and
the height of a building.
GRADE, DRAINAGE means the ground elevation established in a parcel drainage plan attached to an approved
Development Permit for the purpose of controlling the flow of surface water on the parcel.
HAMLET means an unincorporated urban area as defined by the MGA or as declared by bylaw.
HANGAR means a building or structure designed and used for the shelter of an aircraft.
HARD SURFACE means an asphalt or concrete surface or other similar surface approved by the development
authority but excludes rocks, gravel and dirt.
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HOME-BASED BUSINESS TYPE ONE (HBB1) means a use where business is conducted in a Principal Building with
limited weekly visits and employees that reside in the Principal Building. Uses are secondary to the residential use of
the parcel and do not change the residential appearance of the land and buildings.
HOME-BASED BUSINESS TYPE TWO (HBB2) means a use where business is conducted in a Principal Building or
Accessory Building with moderate weekly visits and with one employee who does not live on the property. Uses are
secondary to the residential use of the parcel and do not change the residential appearance of the land and buildings.
HOTEL/MOTEL means a building used primarily for sleeping accommodations and ancillary services provided in
rooms or suites of rooms, which may contain bar/kitchen facilities; the building may also contain commercial or other
uses and may or may not offer such additional services as party facilities, restaurant or dining room services, or public
convention facilities.
INDUSTRIAL (LIGHT) means those developments where activities and uses are primarily carried on within an enclosed
building and no significant nuisance factor is created or apparent outside an enclosed building. Any development,
even though fully enclosed, where, in the opinion of a Development Authority, there is significant risk of interfering
with the amenity of adjacent sites because of the nature of the site, materials or processes, shall not be considered
Industrial (Light). Typical uses include laboratories, general contractors, construction firms, welding shops and
warehouse sales etc.
INDUSTRIAL (MEDIUM) means those developments in which all or a portion of the activities and uses are carried on
outdoors, without any significant nuisance such as noise, appearance, or odour, extending beyond the boundaries of the
site. Any development where the risk of interfering with the amenity of adjacent or nearby sites, because of the nature
of the site, materials or processes, cannot be successfully mitigated shall be considered Industrial (Heavy). Typical uses
include manufacturing and processing plants, oilfield services with outside storage that do not pose a Nuisance.
INDUSTRIAL (HEAVY) means those developments that may have an effect on the safety, use, amenity, or enjoyment
of adjacent or nearby sites due to appearance, noise, odour, emission of contaminants, fire or explosive hazards, or
dangerous goods, but does not include Cannabis Production. Typical uses include wreckage and salvage yards, and
manufacturing and processing facilities that create a Nuisance.
INDUSTRIAL (LOGISTICS) means a use accommodating the storage and inter-modal (rail, highway) distribution of
goods resulting in larger traffic volume. Typical uses include shipping/receiving facilities, transshipment and
distribution centres.
INFILL DEVELOPMENT is the process of developing vacant or under-used parcels within existing areas that are already
largely developed.
KENNEL means a facility for the keeping, breeding, boarding, caring, or training of dogs and/or other domestic pets
over three months of age, excluding livestock.
LANDSCAPING means to change or modify the natural features of a site so as to make it more attractive by adding
lawns, trees, shrubs, ornamental plantings, fencing, walks, drives, or other structures and materials.
LANE means a public thoroughfare which provides a secondary means of access to a parcel. Commonly referred to as
a ‘Back Alley’.
LIVESTOCK means horses, cattle, sheep, swine, live poultry, fur-bearing animals raised in captivity, or a diversified
livestock animal within the meaning of the Livestock Industry Diversification Act, as amended.
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.
MAINTENANCE means the upkeep of a building or property that does not involve structural change, the change of
use, or the change of intensity of use.
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MANUFACTURED HOME PARK means a parcel of land under one title, which provides spaces for the long-term
parking and occupancy of a Dwelling (Manufactured Home).
MANURE STORAGE means a structure, reservoir, catch basin, lagoon, cistern, gutter, tank, or bermed area for
containing livestock wastes prior to the waste being used or disposed. Such an operation requires registration and
approval under the Agricultural Operations Practices Act (AOPA).
MARINA means any facility for the mooring, berthing, storing, docking or securing of watercraft, but not including
community piers and other non-commercial boat docking and storage facilities. A marina may include boat sales, boat
fuel sales, boat construction, boat repair, marine equipment sales, or promotional events, boat and jet ski rental, and
other uses clearly incidental to watercraft activities.
MAXIMUM SITE COVERAGE means the maximum permissible site coverage from buildings, structures and hard
landscaping on a given site.
MIXED-USE BUILDING means a building used partly for residential use and partly for commercial use.
MOTOCROSS/MOTOR SPORTS PARK means a development or facility to allow a form of motorcycle racing held on
enclosed off-road circuits or open courses consisting of trails, lanes, or racetracks, and also may consist of artificially made
dirt tracks consisting of steep jumps and obstacles. Accessory uses to a motocross/motor sports park may include a
pit/paddock, test track, mechanics area, concession or food sales, bleachers/viewing areas and public washroom facilities.
MOVED-IN BUILDING means a previously used or existing, established, working building, which is removed from a site, and
then transported and re-established on another site. Shipping Containers are not considered to be Moved-In Buildings.
MUNICIPAL DEVELOPMENT PLAN (MDP) means a statutory plan adopted by Bylaw in accordance with section 632 of
the MGA.
MUNICIPAL GOVERNMENT ACT (MGA) means the Municipal Government Act, Revised Statutes of Alberta, 2000,
Chapter M-26, as amended.
MUNICIPAL PLANNING COMMISSION (MPC) means the committee authorized by Council to act as the Subdivision
Authority pursuant to section 623 of the MGA and Development Authority pursuant to section 624 of the MGA, and
in accordance with the Municipal Planning Commission Bylaw.
NATURAL CONSERVATION LANDS means any lands in the County designated as a Provincial Park or Conservation
Reserve per the MGA.
NATURAL GAS PLANT means a use where electrical power is produced and distributed from, including on-site
transformers and electrical transmission lines.
NON-CONFORMING BUILDING as defined within the MGA.
NON-CONFORMING USE as defined within the MGA.
NUISANCE means anything that interferes with the use or enjoyment of property, endangers personal health or
safety, or is offensive to the senses.
OFFICE means a Building that provides space for professional, management, administrative, consulting and similar
office and business support services.
OFF-STREET LOADING SPACE means a space for parking a commercial vehicle while being loaded or unloaded.
OFF-STREET PARKING means a lot or portion thereof, excluding a public roadway, which is used or intended to be
used as a parking area for motor vehicles.
OPEN SPACE means land, which is not in private ownership and is open to use by the public.
OWNER means:
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(a) in the case of land owned by the Crown in right of Alberta or the Crown in right of Canada, the Minister of
the Crown having the administration of the land; or
(b) in the case of any other land:
(i) the purchase of the fee simple estate in the land under an agreement for sale that is the subject of a
caveat registered against the certificate of title in the land, and any assignee of the purchaser's
interest that is the subject of a caveat registered against the certificate of title; or
(ii) in the absence of a person described in paragraph (i), the person registered under the Land Titles Act
as the owner of the fee simple estate in the land;
(c) the person shown as the owner of land on the assessment roll.
PARCEL in accordance with the MGA, means:
(a) a quarter section;
(b) a river lot as defined in the Surveys Act, that is filed or lodged in a land titles office;
(c) a settlement lot as defined in the Surveys Act, that is filed or lodged in a land titles office;
(d) a part of a parcel where the boundaries of the parcel are separately described in the certificate of title
other than by reference to a legal subdivision;
(e) 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.
PARCEL AREA means the total area of a parcel.
PARCEL COVERAGE means the combined area of all buildings or structures upon the parcel, measured at the
approved grades, including all porches and verandas, enclosed terraces, steps, cornices, eaves, and similar
projections; such area shall include air wells, and all other space within an enclosed building.
PARCEL, CUT-OFF means a parcel of land that is separated from the remainder of the quarter section by:
(a) a permanent irrigation canal,
(b) a water course,
(c) a railway,
(d) a graded public roadway or highway,
(e) an embankment.
The affected parcel must be cut off in such a way that it is impractical to operate as part of an agricultural operation.
PARCEL, CORNER means a parcel that abuts two (2) intersecting streets.
PARCEL, DOUBLE FRONTING means a parcel which abuts two (2) non-intersecting streets (excluding lanes).
PARCEL FRONTAGE means the length of a street boundary measured along the front line of a parcel.
PARCEL, INTERIOR means a parcel which is bounded by only one (1) street.
PARCEL, LAND LOCKED means that a parcel does not have a means of physical access.
PARK means a use where land is designated for active or passive recreational use by the public which does not
require dedicated facilities beyond supporting accessory buildings or structures and landscaping. Typical uses include
playspaces, walkways, trails, nature interpretation areas, picnic areas, athletic fields and similar uses.
QUALIFIED PROFESSIONAL means a qualified professional. Examples include: Architect, Landscape Architect, Land
Use Planner, Biologist, Engineer, Alberta Land Surveyor, Agrologist, Geoscientist, Hydrologist etc.
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PIT OR QUARRY means a means the development of on-site removal, extraction and primary procession of raw
materials such as sand, clay, gravel or stone.
PROPERTY LINE means any boundary of a lot or parcel, and includes the rear, front and side property lines of a lot.
RECREATION (INDOOR) means a use where public or private indoor recreation occurs. Typical uses include libraries,
museums, or other cultural facilities, private clubs or lodges, health or fitness clubs, recreation centres, community
halls, public swimming pools, bowling alleys curling rinks and arenas etc., but does not include Recreation (Outdoors).
RECREATION (OUTDOOR) means a use where outdoor recreation occurs. Typical uses include outdoor skating rinks,
lawn bowling greens, tennis courts, swimming and wading pools, water spray parks, go-cart tracks, miniature golf,
paintball, theme parks and golf courses etc.
RECYCLING/COMPOST FACILITY means the use of premises for the collection and sorting of garbage or compost, and
the packaging of paper, newspapers, clothing, cans, or bottles and similar domestic or commercial garbage. This use
does not include a Manure Storage Facility.
REDESIGNATION or Land Use Redesignation, means the conversion of land from one land use to another.
RELIGIOUS ASSEMBLY means a development dedicated for religious worship and related religious, philanthropic, or
social activities and includes accessory rectories, manses, meeting rooms, classrooms, dormitories, and other buildings.
Typical facilities would include churches, chapels, mosques, temples, synagogues, parish halls etc.
RETAIL (SMALL) means a use where the sale of goods and services occur in a building with a Gross Floor Area less
than 1,000.0 m2. Typical uses include a convenience store or sandwich shop or personal services such as
hairdressers/salons, pharmacies, financial institutions (banks), laundromats, or tailors but does not include, Retail
(Restricted) or Cannabis Retail.
RETAIL (GENERAL) means a use where the sale of goods and services occur in a building with a Gross Floor Area larger
than 1,000.0 m2. Typical uses include ‘big box’ retailer or grocery store but does not but does not include Retail
(Restricted) or Cannabis Retail.
RETAIL (OUTDOOR) means a development providing for the sale of goods where a portion of the wares are kept
outdoors. Typical uses include building supplies, lumber yards, landscaping services, garden centres, manufactured
home sales, not including Vehicle Sales.
RETAIL (RESTRICTED) means a use where potentially controversial goods and services are offered to the public for
sale for use or consumption off-site, regardless of the Gross Floor Area. Typical uses include liquor stores, adult goods
stores and cigar shops, not including Cannabis Retail.
RETAINING WALL means a wall for holding in place, a mass of earth or the like, as at the edge of a terrace or excavation.
RIDING ARENA means a private or public facility for the training, exercising, and boarding of horses. The facility may
also include outdoor features such as corrals, riding areas. A riding arena shall not be used for horse shows, rodeos, or
similar events to which there is a fee to participate in or to use the facilities.
RIGHT-OF-WAY means an area of land not on a lot that is dedicated for public or private use to accommodate a
transportation system and necessary public utility infrastructure (including but not limited to water lines, sewer lines,
power lines, and gas lines).
ROAD means a public thoroughfare, often paved or gravel and referred to interchangeably as a street.
ROAD – COMMON TYPES
a) COUNTY ROAD means a road maintained to the County’s standard such as Township and Range Roads.
b) SUBDIVISION ROAD means a road located adjacent to a provincial highway or local road, which is intended
to provide access to one or more subdivided parcels.
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c) PROVINCIAL HIGHWAY means a provincial highway pursuant to the Highways Development and Protection
Act, S.A. 2004 Chapter H-8.5, as amended.
SECONDARY SUITE (EXTERNAL) means a Dwelling Unit located within an Accessory Building and is secondary to the
principal use of the Accessory Building.
SECONDARY SUITE (INTERNAL) means a Dwelling Unit located within a Principal Building and is secondary to the
principal use. (If residential then a suite in the primary dwelling unit, if business it would be a suite in a shop or
hangar)
SELF STORAGE means an outdoor area that may contain a building or structure used for the accessory keeping of
goods, inventory, materials, machinery, equipment, or Vehicles (Recreation), outside in association with the primary
use on the parcel.
SCHOOL means a place of instruction run privately or operated with public funds pursuant to the School Act, as
amended, which may be located on reserve land pursuant to the MGA. This use does not include a Trade School.
SCHOOL, TRADE means a school that offers instruction and practical introductory experience in the skills needed to
provide a skilled service or trade as such as mechanics, carpentry, plumbing, welding, hairstyling or esthetics.
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.
SCREENING means a fence, earth berm or row of trees used to visually and/or physically separate areas or functions.
SECURITY means a cash deposit or an irrevocable letter of credit provided by a developer to ensure the conditions of
a development agreement, subdivision condition or development permit condition are carried out to the satisfaction
of the Development Authority.
SERVICING STANDARDS means the County’s technical requirements that govern infrastructure design, construction,
testing, inspection, maintenance, and transfer of public works.
SETBACK means the minimum distance required between a property line of a lot and the nearest part of any building,
structure, development, excavation or use on the lot and is measured at a right angle to the lot line.
SHELTERBELT means a planting made up of one or more rows of trees or shrubs planted in such a manner as to
provide shelter from the wind and to protect soil from erosion.
SHIPPING CONTAINER means a painted steel container (also known as a “Sea Can”), 2.6 m in height, that was once
used to transport goods and is typically used for storage.
SHOOTING RANGE means an outdoor area, building or structure that is designed or intended for the safe discharge,
on a regular and structured basis, of firearms including but not limited to rifles, shotguns, pistols, silhouettes, skeet,
trap, black powder, or any similar firearm, for the purpose of sport shooting, target practice or shooting competitions.
SIDEWALK means a pathway or right-of-way for pedestrian traffic.
SIGN means an object or device intended to advertise or call attention to a person, matter, event or location.
SIGN – COMMON TERMS
a) COPY means the letters, graphics or characters that make up the message on the sign face.
b) CHANGEABLE COPY means that portion of the copy that can be readily changed either manually or
electronically.
c) BUILDING FACE means any exterior wall of a Building.
Direct Control Districts
81 CountyofNewell
LandUseBylaw
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