Summary of Changes to the Strathcona County Land Use Bylaw January 2015

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1 Summary of Changes to the Strathcona County Land Use Bylaw January 2015 This document provides an overview of the major changes introduced to the draft Land Use Bylaw (LUB). It is not intended to be an exhaustive, line-by-line record of all changes from the LUB currently in force and in effect. 1. Bylaw Structure overall structure is a hybrid between existing Bylaw and previous LUB drafts, but more in line with the existing structure divides County into two geographical areas: - Urban Service Area; and - Rural Area Balance of County including Beaver Hills Moraine, Large/Small Agricultural Holdings, Country Residential Area, Hamlets, Heartland Industrial Area, potential urban expansion areas separate parts for Environmental/Open Space Districts and Direct Control Districts new Zoning Districts proposed for Industrial Districts within the Heartland Industrial area (IHH, IMH) introduced a separate Appendix for illustrations and diagrams standardized grammar, terminology and formatting the previous draft LUBs contained a significant amount of duplication and had a complicated system of prefixes attached to each designation the appendix will allow for more illustrations and diagrams in one location to clarify regulations related to the LUB, and the separate document will allow for easier formatting to the LUB when amendments are made differentiating between the Urban Service Area and Rural Area allows for regulations to be specific based on where they are located in the County standardized grammar, terminology and formatting should make the document more user friendly and add clarity 2. Development Not Requiring a Permit (Part 2) In addition to the existing developments that do not require a development permit within Land Use Bylaw , the following developments are proposed to not require a development permit, provided they otherwise comply with the Bylaw: a home office within a residential dwelling the conversion of a temporary dwelling (construction) to an accessory building solar collectors attached to a building non-permanent sun shelters over a deck or a patio outdoor recreation amenities that are devoted to the use of residents living on the same lot, including but not limited to, an above ground pool, hot tub, backyard skating rink, putting green, or tennis court seasonal holiday decorations a Wind Energy Conversion System (WECS), micro where mounted to a roof or attached to an accessory building in accordance with the following provisions: - one (1) WECS, micro facility per lot; and - the total height shall not project 3.0 m beyond the top of the roofline of building or exceed the maximum height regulation of the applicable Zoning District Page 1 of 6

2 a container: - used for temporary storage during the process of renovating or moving, provided it complies with the provisions of this Bylaw - used for accessory storage purposes on any industrial property temporary/transient sales which are located on a lot within a commercial Zoning District where there is a principal building. This includes but is not limited to food product sales, Christmas tree sales, flower sales, or windshield repair; and school bus parking, provided: - no more than one (1) school bus is parked on a lot less than 0.81 ha - no more than two (2) school buses are parked on a lot equal to or greater than 0.81 ha but less than 2.0 ha - no more than three (3) school buses are parked on a lot equal to or greater than 2.0 ha but less than 4.05 ha; and - no more than four (4) school buses are parked on a lot equal to or greater than 4.05 ha 3. Accessory Development (Part 3) for residential Zoning Districts, the accessory regulations are proposed to be included within the district as opposed to the general regulation section within the RCL, RS and RA Zoning Districts, the regulations regarding the maximum size of one accessory building and the total area of accessory buildings that may be considered on a lot have been clarified, with the maximum size being based on lot size regulations for containers and solar collectors have been located within the accessory development section locating the accessory regulations in residential districts will make the Bylaw more user friendly the proposed changes in the RCL, RS and RA District clarifies maximum accessory building size, allows for smaller accessory buildings to be considered if one large building exists (or is proposed on the lot) and would allow for a larger building based on the size of the lot and proposed use 4. Outdoor Lighting (Part 3) new regulations proposed that fit with Strathcona County s Light Efficient Community Policy: - lights equal to or greater than 2000 lumens of brightness must be a full cut-off fixture type - outdoor lighting must be shielded from directing illumination onto a road or residential area - the lamp of a light fixture shall not be visible from beyond the lot line - the site lighting levels at any property line abutting a residential, institutional, or Zoning District in Part 10 (or similar Direct Control Zoning District) shall be diminished at any property line the existing LUB was not amended to include specific provisions to implement this policy 5. Signs (Part 5) sign regulations are to remain the same in content, but the structure of the section has been changed to describe regulation by sign type Page 2 of 6

3 the structure of providing six categories of signs has been eliminated some changes to procedures have been made, including the following: - master sign plans do not need to be submitted to the Development Authority for review, and - signage approvals may be consolidated with a development permit for a new building, where details are available the changes to the sign regulations should assist in streamlining review of commercial or industrial development applications 6. Secondary Suite (Part 6) secondary suites are defined as suites contained within a single dwelling secondary suites are proposed to be a permitted use in R1A, R1B, rural residential and agricultural districts owner/occupier provision has been removed required parking listed as a fundamental use regulation in the Urban Service Area and cannot be varied secondary suites have the ability to promote affordable housing and a diversity of incomes into the community Land Use Bylaws must regulate the use not the user 7. Garden Suite (Part 6) a garden suite is proposed for the Rural Area (except the hamlets) and the RE District and is a suite in a separate structure without a garage, or a suite above, to the rear of or within an accessory building garden suites are proposed as a permitted use within the AG, RA, and RS Zoning Districts garden Suites are proposed as a discretionary use within the RCL, RCM, RCH, and RE Zoning Districts garden suites will have less impact on large lot developments outside of the Urban Service Area. New neighbourhoods within Sherwood Park are generally not serviced with laneways, have detached garages or do not have enough space to fit a detached building. Mature neighbourhoods may have this ability, but the Mature Neighbourhood Strategy would be better suited to address Garden Suites within the Urban Service Area as a policy issue before implementing within the Land Use Bylaw 8. Equestrian Centre (Part 6) equestrian centre definition simplified to means a facility on a lot equal to or greater than 8.0 hectares used for the training of riders or horses or for the boarding of horses, not owned by the property owner. removal of requirement that a dwelling be located on the lot maximum ratio of horses to be boarded/trained is 1 horse per 0.4 hectare one class of use proposed for Equestrian Centre, generally as a permitted use, but will be a discretionary use where proposed: Page 3 of 6

4 - adjacent to an existing country residential subdivision - within the Country Residential Policy Area of the MDP; or - to include a new accessory building greater than 20,000 ft 2 equestrian centre regulations simplified after consultation with Agriculture Service Board 9. Home Business (Part 6) home businesses are to be defined into three categories, determined by location and intensity of use: - home business, minor, is a permanent, permitted use within all residential and agricultural Zoning Districts business may only occupy the principal dwelling, maximum gross floor area = 30% two vehicles related to the business can be considered (no heavy vehicles). All parking must be provided on-site no non-resident on-site employees considered maximum client visits is four per day - home business, intermediate, is a new category, replacing the existing home business, major in the Urban Service Area, Hamlets and in the RCL, RCM and RCH Zoning Districts the use is proposed as a temporary, permitted use within the following Zoning Districts: AG, RA the use is proposed as a temporary, discretionary use within the following Zoning Districts: R1A, R1B, R1C, R2A, R2B, RE, RH, RM, RCL, RCM, RCH, RS business may occupy principal dwelling and accessory structures, maximum gross floor area = 30% of each, no outdoor storage Where use is proposed on a lot less than 0.81 ha there shall be: - no more than two (2) home business vehicles; - no heavy home business vehicles parked, stored or maintained; - no more than one (1) non-resident on-site employee; and - no more than six (6) client or customer visits per day where use is proposed on a lot 0.81 ha or greater there shall be: - no more than two (2) home business vehicles and one (1) heavy home business heavy vehicle. A heavy home business vehicle shall be parked inside a building or screened from adjacent residences and a road, to the satisfaction of the Development Officer - no more than two (2) non-resident on-site employees; and - no more than eight (8) client or customer visits per day - home business, major, is a modified category: the use is proposed as a temporary, discretionary use within the following Zoning Districts: AG, RA, RS businesses approved prior to May 22, 2012, will continue to be considered as a temporary, discretionary use within the following Zoning Districts: AD, RCL business may occupy principal dwelling and accessory structures. Maximum gross floor area = 30% exterior storage may be considered usage of home business vehicles, heavy home business vehicles and number of nonresident on-site employees varies with lot size the proposals attempt to find a balance between reducing barriers to entry for smaller businesses, and maintaining community standards, particularly around vehicle parking Page 4 of 6

5 applicants must demonstrate how on-site parking will work, with client visits and employees varying regulations based on lot size attempts to recognize the difference in impact of a business in the urban vs rural areas 10. Home Office a home office, will not require a development permit within any residential or agricultural Zoning District the proposal clarifies the difference between a home office and a home business 11. Renewable Energy (Part 3 & 8) new regulations for solar collectors attached to buildings new regulations for wind energy converter systems (WECS); - three different sizes of WECS are identified, and may be located within various developments within the urban and rural areas - large WECS and multiple large WECS installations will require a number of studies, including bird/bat migratory pattern studies The MDP encourages renewable energy as part of the sustainable development strategy 12. Development Regulations within R1C Zoning District (Part 7) garage doors of a front attached garage should be facing parallel to the front property line (where possible) a maximum lot width in the subdivision regulations proposals should reduce dwelling and driveway conflict issues on cul-de-sac lots within this Zoning District and ensure larger lots are zoned appropriately to accommodate larger garages 13. Agriculture (Part 9) agricultural product stand to replace agricultural and garden stand as a listed use and is proposed to be exempt from a permit when listed as a permitted use agriculture, minor intensive livestock proposed to be exempt from a permit when listed as a permitted use agriculture, intensive horticulture proposed to be exempt from a permit where listed as a permitted use and where buildings are not required for production or processing agriculture, general definition clarified to include the rearing of livestock and raising of crops agriculture, major intensive livestock use has been discontinued as Confined Feeding Operations are a provincial responsibility the new definition for agricultural product stand better describes small-scale agricultural product sales and will allow for a roadside garden stand Page 5 of 6

6 the proposed uses changes should make small-scale agriculture less regulatory within the agricultural areas of the County 14. Recreational Vehicle Storage (Part 6) the section has been reorganized and the requirement to amend the Land Use Bylaw prior to considering an application for an Recreational Vehicle Storage, Major use has been removed, as the use will be discretionary in the AG and RA Zoning Districts within the Agriculture Large and Small Holdings Policy Areas of the MDP. The maximum number of units that could be considered under Recreational Vehicle Storage, Major is 600 the regulations will be easier to follow and the time and cost required to consider an application for recreational vehicle storage, major will be significantly reduced for an applicant Page 6 of 6

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