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HomeMy WebLinkAboutBylaw 2090-25 LUB Amendments NOTICE OF PUBLIC HEARING COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA PROPOSED BYLAW 2090-25 11:30 a.m. March 6, 2025 County of Newell Council Chambers BEING a bylaw of the County of Newell in the Province of Alberta, to amend Bylaw No. 2016-21, being the Land Use Bylaw; WHEREAS the Council of the County of Newell wishes to amend Section 1: Purpose, with additions to 1.13 Duties of the Development Authority in accordance with Schedule ‘A’ attached. AND WHEREAS the Council of the County of Newell wishes to amend Section 4: Specific Uses and Activities, with the addition of 4.2 Airports in accordance with Schedule ‘A’ attached. AND WHEREAS the Council of the County of Newell wishes to amend Section 6: Glossary, with an update to the definitions of Secondary Suite (External) and Secondary Suite (Internal) in accordance with Schedule ‘A’ attached. AND WHEREAS the municipality must prepare an amending bylaw and provide for its consideration at a public hearing. NOW THEREFORE, under the authority and subject to the provisions of the Municipal Government Act, Statutes of Alberta, Chapter M-26, 2000, as amended, the Council of the County of Newell in the Province of Alberta duly assembled does hereby enact the following: 1. The sections of Land Use Bylaw 2016-21 be amended as indicated in Schedule ‘A’. 3. Bylaw No. 2016-21 is hereby amended and consolidated. 4. This bylaw shall come into effect upon third and final reading hereof. THE PURPOSE of Bylaw 2090-25 is to update Land Use Bylaw 2016-21 to include policy for Airports and land surround Airports within the County. This bylaw also includes policy to allow the Municipal Planning Commission some flexibility surrounding legal non-conforming buildings to help create efficiencies in the development permit process THEREFORE, TAKE NOTICE THAT a public hearing to contemplate the proposed Bylaw No. 2090-25 will be held in the County of Newell Council Chambers at 11:30 a.m. on the 6th day of March 2025. 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 28th day of February 2025. 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 10th day of February 2025. Sheryl Page Planning and Development Administrative Assistant County of Newell Box 130 Brooks, Alberta T1R 1B2 1 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. 1.13 DUTIES OF THE DEVELOPMENT AUTHORITY e) 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 4 SECTION FOUR Specific Uses and Activities This section outlines specific regulations that apply to particular types of development within the County. 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. 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 6 SECTION SIX Glossary This section provides definitions for terms used within the Land Use Bylaw. 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)