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HomeMy WebLinkAboutPublic_Hearing_Notice_Bylaw_2039-22 NOTICE OF PUBLIC HEARING COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA PROPOSED BYLAW 2039-22 11:30 a.m. October 20, 2022 County of Newell Council Chambers PURSUANT to sections 230, 606, and 692 of the Municipal Government Act, Statutes of Alberta, Chapter M- 26, 2000, as amended, the Council of the County of Newell in the Province of Alberta hereby gives notice of its intention to consider Bylaw 2039-22 being an amendment to the existing municipal Land Use Bylaw 2016- 21. THE PURPOSE of proposed Bylaw No. 2039-22 is to amend the following: 1. That Section 2, Development Permit Process, Table 1 of Land Use Bylaw 2016-21 is amended as indicated in the attached Schedule A, to provide clarity to development not requiring a development permit. 2. That Section 2, Development Permit Process is amended as indicated in the attached Schedule A, to add policy regarding parcels not meeting minimum size requirements. 3. That Section 5, A-Gen Agriculture, General District of Land Use Bylaw 2016-21 is amended as indicated in the attached Schedule A. 4. That Section 6, Glossary of Land Use Bylaw 2016-21 is amended to include a definition for Farmstead. THEREFORE, TAKE NOTICE THAT a public hearing to contemplate the proposed Bylaw No. 2039-22 will be held in the County of Newell Council Chambers at 11:30 a.m. on the 20 day of October 2022. A copy of the proposed bylaw may be inspected at the County of Newell office during normal business hours. AND FURTHER TAKE NOTICE THAT anyone wishing to make a presentation regarding the proposed bylaw should contact the Chief Administrative Officer no later than 4:00 p.m. on the 13 day of October 2022. Both written and/or verbal presentations may be given at the public hearing. DATED at the County of Newell in the Province of Alberta this 27 day of September 2022. Pam Elliott County of Newell Box 130 Brooks, Alberta T1R 1B2 2 SECTION TWO Development Process This section outlines the County’s Development Permit Process and related requirements and procedures. 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. Table 1 – Development Not Requiring a Development Permit Development Permit Not Required Accessory Building/Structure The placement or construction of an Accessory Building/Structure with a footprint smaller than 10 m2 in an Agricultural or Residential District where it complies with the District’s setbacks. 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. Development Permit Not Required 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. 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 a) The placing of up to 1.0 m of fill and topsoil adjacent to or within 15.0 m of a building under construction that has a valid Building Permit, during the course of the construction to be used to establish approved final grades, and b) The excavation up to 2.0 m adjacent to or within 15.0 m of a building under construction that has a valid Building Permit, during the course of the construction to be used to establish approved final grades. Antenna Systems Telecommunication antenna systems that are federally regulated and comply with the regulations in Section 3.12 ‘Antenna Systems’. Temporary Accommodation The occupation of a Recreational Vehicle on private property: a) In an Agricultural District for a period of less than sixty (60) days, or b) In a Residential District for a period of less than fourteen (14) days. 2.4 PARCELS NOT MEETING MINIMUM SIZE REQUIREMENTS For parcels existing prior to the [date of passage of the amending bylaw], 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. 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 Utilities Home-Based Business Type Two (HBB2) Kennel Pit or Quarry Recreation (Indoor) Recreation (Outdoor) Riding Arena Religious Assembly More than five (5) Shipping Containers 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 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 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. a) The Following Uses are Prohibited within the plan area of the lntermunicipal Development Plan with the Village of Duchess: i. Agriculture (Processing) ii. Agriculture (Regulated) iii. Campground iv. Recreation (Outdoor) v. Small Wind Energy System vi. Solar Panels (Freestanding) greater than 56 m2, and vii. Tiny Home/Park Model EXCEPTIONS FOR THE A-GEN DISTRICT WITHIN THE PLAN AREA OF THE INTERMUNICIPAL DEVELOPMENT PLAN WITH THE VILLAGE OF DUCHESS: b) The Following Uses are Discretionary: i. Agriculture Buildings ii. Government Services c) 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 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 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. 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. Creation of 32.4 ha (80 acre) parcels is allowed. Existing Parcels The enlargement, reduction or realignment of an existing separate parcel may be approved provided that: (a) the additional lands required are to accommodate existing or related improvements; (b) the proposal is to rectify or rationalize existing habitation, occupancy, cultivation or settlement patterns; (c) no additional parcels are created over and above those presently in existence; (d) 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; (e) 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 Subdivision of an undeveloped or developed cut-off parcel may be approved if: (a) the proposed parcel is separated from the residual parcel by: • a registered exception from the title, • a feature that creates a significant physical barrier to use of both sides as a unit; (b) the proposed parcel has direct legal and physical access; (c) neither the proposed parcel nor the residual parcel are occupied by a livestock operation. 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: (a) an existing farmstead or vacant parcel provided that the proposal is consistent with the requirements established for rural residential parcels; and (b) the residual of the fragmented parcel must be at least 1.2 ha (3 acres) in size. Single Parcel Developed Farmstead 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 A subdivision which proposes to create a single vacant parcel may be approved provided that: (a) the proposed parcel to be created is a maximum of 2.8 ha (7.0 acres) in size; and (b) the proposed parcel contains, in the opinion of the Municipal Planning Commission, a buildable site; and (c) the proposed parcel can be serviced to the satisfaction of the Municipal Planning Commission; and (d) 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 (e) 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 (f) the access is satisfactory to Alberta Transportation where the access is onto or in close proximity to a primary highway; and (g) the size and location of the proposed parcel will not significantly affect any irrigation system in the area. Public and Institutional Uses A subdivision application for public or institutional uses may be approved if: (a) the Municipal Planning Commission is satisfied that suitable, existing alternative parcels are not reasonably available in another land use district; (b) the use was functioning. In this case the application should encompass the developed site only; (c) 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 (d) 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. 6 SECTION SIX Glossary This section provides definitions for terms used within the Land Use Bylaw. FARMSTEAD means a part of an Agricultural parcel: that is presently or was formerly used as the site for a dwelling as part of an agriculture operation; 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; that is relatively compact and well defined by topography, shelterbelts or other physical characteristics; 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.