3) Direct Control No. 3 (Pt. N.E ) is established to contain a use such as a private campground.

Transcription

1 DC - DIRECT CONTROL DISTRICT The purpose of this district is to provide for special or innovative developments which in the opinion of Council require specific regulations that are generally unavailable in other land use districts. This district is not intended to be used in substitution for any other land use district in this Bylaw that could be used to achieve the same result. A. PERMITTED USES OF LAND AND/OR BUILDINGS 1) Agriculture Extensive 2) Ancillary Uses & Buildings B. DISCRETIONARY USES OF LAND AND/OR BUILDINGS 1) Waste Management Facility 2) Mobile Home Parks 3) Sewage Lagoon & Sewage Treatment Plant 4) As determined by the Council C. DEVELOPMENT STANDARDS Development standards such as: yard setbacks, building heights, landscaping and screening, minimum lot area, off street parking and other relevant requirements are as determined by the Council or as otherwise delegated to the Municipal Planning Commission. D. REGULATIONS Upon the designation of an area to DC - Direct Control District, Council may assign the site a Direct Control Number and either generally or specifically provide statements of the uses that may be allowed on the site either with or without conditions. Subject to those guidelines established by Council, the Municipal Planning Commission may issue development approval and establish development standards as deemed suitable and appropriate for the intended use of the subject property. 1) Direct Control No. 1 - (Pt. SW ) is established to contain a large lot mobile home park development which may contain associated ancillary industrial and commercial uses. 2) Direct Control No. 2 - (Pt. N.W ) is established to contain two lots with the southerly lot being used for industrial purposes and the northerly lot being used for residential purposes for the interim period with the long term use to be for industrial or commercial purposes. 3) Direct Control No. 3 (Pt. N.E ) is established to contain a use such as a private campground. 4) Direct Control No. 4 (Pt NE ) is established to contain a mobile home park 102

2 5) Direct Control No. 5 (Pt. SW ) is established for a fertilizer outlet. 6) Direct Control No. 6 (Pt. SE W5) is established for a campground. E. UNSAFE, HAZARDOUS, OR NOXIOUS DEVELOPMENTS Any Development pursuant to Section 17 may be considered to be a Discretionary Use where such use is deemed to be unsafe, hazardous, noxious, or otherwise inappropriate for the intended location. F. DEFINITIONS - FOR THE PURPOSE OF THIS SECTION "MOBILE HOME PARK" means any lot on which three or more occupied mobile homes are located or are permitted to be located without regard as to whether a fee or charge is paid or made, and shall include any building, structure, tent, vehicle or enclosure used or intended for uses as a part of the equipment of such mobile home park and which complies with the Provincial Department of Public Health Regulations governing mobile home parks except that the expression "mobile home park" shall not be deemed to include industrial and construction camps of a temporary nature; "SEWAGE LAGOON" means a shallow, artificial pond created for the collection and storage of sewage effluent. (Private Sewage Disposal Code of Practice; Alberta Labour) "WASTE MANAGEMENT FACILITY" means a facility, including property, equipment and buildings, used for the collection, storage, recycling, treatment and/or disposal of waste material. (Waste Management Manual; Air and Waste Management Association) 103

3 COUNTY OF MOUNTAIN VIEW NO. 17 NE W5 / Bergen Springs Direct Control Regulations WHEREAS Section 641 of the Municipal Government Act as amended provides for the establishment of Direct Control Districts to enable Council to exercise control over the use and development of land or buildings within an area of the County; and WHEREAS Council wishes to provide for the regulation and control of the use and development of the land area for recreational purposes. WHEREAS these Regulations shall be known as the Bergen Springs Direct Control District Regulations. WHEREAS these Regulations shall apply to that portion of the NE W5, contained within Condominium Plan WHEREAS these Regulations allow Council to regulate all aspects regarding the development of these lands for recreational purposes and not for use as permanent residences. NOW THEREFORE BE IT RESOLVED that pursuant to the Municipal Government Act Section 641, the following Regulations be adopted: 1. PERMITTED USES OF LAND AND/OR BUILDINGS The following uses shall be permitted with or without conditions providing the application complies with the Direct Control District and these Regulations. Location Permit a) Ancillary Buildings and Uses - Maximum of One (1) Ancillary Building per Condominium Unit b) Deck and Roof Covers c) Fire Pit Covers d) Cottage/Cabin/Chalet e) Recreational Vehicle (Subject to 6(f)) Development Permit a) Recreation Facility 2. REGULATIONS - SETBACKS AND SIZE a) Floor Area - Condominium Unit Bylaw 42/05 Rescinded 104 Replaced with Bylaw 25/08

4 i. Cottage/Cabin/Chalet maximum floor area 1,000 square feet ii. Ancillary Building - maximum 80 square feet iii. Recreation Vehicle Deck and Roof Covers - Decks shall not be greater than 12 feet wide nor longer than the Recreation Vehicle. Roof covers shall be limited to the extent of the recreation vehicle with a maximum overhang of one foot. iv. Deck Enclosure Maximum 50%. v. Fire Pit Covers maximum 16 ft. X 16 ft. (256 square feet) with all metal construction with proper screening to control sparks; and shall not be enclosed. vi. Recreation Facilities - At Discretion of Municipal Planning Commission. b) Minimum Yard Setbacks - Condominium Unit i. Minimum Front Yard Setback 10 feet (3.05 metres) or as otherwise may be required by the Municipal Planning Commission ii. Minimum Side and Rear Yard Setbacks feet (2.0 metres) or as may be otherwise required by the Municipal Planning Commission. c) Lot Coverage i. Maximum lot coverage 10% d) Building Height i. Maximum Height of Cottage/Cabin/Chalet 26 feet e) Habitable Space i. Maximum habitable space of Cottage/Cabin/Chalet 1,000 square feet 6. SUPPLEMENTARY REGULATIONS a) All Cottages/Cabins/Chalets or Ancillary Buildings approved by the County prior to November 9, 2005 shall be subject to the provisions of the Municipal Government Act regarding nonconforming buildings. b) Mobile Homes shall not be permitted. c) Potable water shall be provided through a common water system or individual water wells. d) Sanitary sewage collection and disposal shall be by CSA approved holding tanks only. Septic tank and field systems shall not be allowed. Owners shall be responsible for registering the installation of a holding tank with the Condominium Association. Upon request, the Condominium Association shall provide this information to the County and/or the Health Authority. e) Basements and garages shall not be allowed. Bylaw 42/05 Rescinded 105 Replaced with Bylaw 25/08

5 f) All recreational vehicles, excluding recreational vehicle park models, shall not require the issuance of a location permit provided all provisions of this district are adhered to. g) Not more than one (1) recreational vehicle or one (1) Cottage/Cabin/Chalet shall be permitted on any condominium unit at any one time. This provision does not apply to a recreational vehicle belonging to people visiting, provided the length of stay does not exceed one (1) month in duration which shall be regarded as a cumulative thirty days within one calendar year. h) Prior to the submission of a Location Permit or Development Permit to the County, approval must first be obtained from the Condominium Association. A letter of approval from the Condominium Association must accompany all permit applications submitted to the County. i) For purposes of these Regulations the floor area shall be calculated using outside wall measurements, and shall include all livable floor area, including enclosed decks. j) Development of new recreation facilities or the expansion of existing recreation facilities may require screening, which could include landscaping and/or fencing as a condition of development approval. k) Outside storage shall not be permitted except for the storage of firewood or other purposes consistent with the recreational use of the property. l) These regulations shall apply to all condominium plans within those lands designated direct control contained within Pt. NE W5M. 7. DEFINITIONS - FOR THE PURPOSE OF THIS SECTION a) "ANCILLARY BUILDING AND/OR USE" means a building or use of land which is separate, incidental and subordinate to the primary use of the land and/or building located on the same lot. For the purpose of this district ancillary buildings shall include such structures as a portable shelter, sheds, and/or wood storage units. b) "BUILDING" means any thing constructed or placed on, in, over or under land but does not include a highway or road or a bridge that forms part of a highway or road; c) "DEEMED APPROVED" means any development or use of buildings or land that does not require any approval, if in compliance with the Land Use Bylaw. d) "DEVELOPMENT PERMIT" means a document authorizing a development issued pursuant to a land use by-law; e) DRY CAMPING means camping without water, power or sewage hookups. Bylaw 42/05 Rescinded 106 Replaced with Bylaw 25/08

6 f) ENCLOSURE means those elements forming permanent enclosure of a portion of a deck. Such elements shall include but not limited to walls, window and doors. Elements such as a railing, and mesh (nylon or metal) screening for the purposes of repelling insects shall not be regarded as forms of enclosure. g) "FLOOR AREA" means the total floor area of every room and passageway contained but not including the floor areas of basements, attached garages, shed, open porches, patios, open decks or verandahs, or breezeways. h) MOBILE HOME means a transportable single family dwelling unit intended for year round occupancy designed to be transported on its own wheels and arriving at the site ready for occupancy apart from incidental operations such as location of foundation supports and connection to utilities. Mobile homes are generally greater than four metres in width and under the Alberta Safety Codes Act require the issuance of a building permit. i) "RECREATION VEHICLE" means a transportable unit, including tents and related structures, designed, constructed or re-constructed to be used or intended to be used for travel, recreational and vacation uses. Such uses shall include a travel trailer, pick up camper, motorized camper or tent trailer. Recreational vehicles are generally less than four metres in width and the siting and location of a recreational vehicle does not require a building permit under the Alberta Safety Codes Act. j) "RECREATION VEHICLE PARK MODEL" means a recreational vehicle intended for seasonal, vacation or recreational occupancy that is not self-contained. It is designed for park camping only, and while it is easily moved from site to site, as a normal recreational vehicle, it is not capable of "dry camping" as it does not have any water or sewage storage tanks and must be used with hookups. It is not a mobile home. k) "LOCATION PERMIT" means a document authorizing a development or use of buildings or lands that are not deemed approved or requiring a Development Permit. l) "RECREATION FACILITY" means parks, playgrounds, public campgrounds, war games and rifle and archery ranges, lodges, resorts, church camps. m) HABITABLE SPACE means all floor area including attic space with windows within a Cottage, Cabin or Chalet used for human occupancy including working, assembling, living, sleeping, eating cooking or recreational purposes. n) HEIGHT means the vertical distance as measured from the average ground elevation of the lot and highest point of the Cottage, Cabin or Chalet exclusive of any accessory roof construction such as a chimney, steeple or antenna. o) LOT COVERAGE means the percent of the lot area covered by the cottage, cabin or chalet excluding parking areas, driveways and walkways. Bylaw 42/05 Rescinded 107 Replaced with Bylaw 25/08

7 MOUNTAIN VIEW COUNTY NE W5M / Direct Control Regulations WHEREAS Section 641 of the Municipal Government Act as amended provides for the establishment of Direct Control Districts to enable Council to exercise control over the use and development of land or buildings within an area of the County; and WHEREAS Council now wishes to provide for the regulation and control of the use and development of the land area for industrial uses, including a value added wood processing establishment; NOW THEREFORE BE IT RESOVLED that pursuant to the Municipal Government Act, Section 641, the following Regulations be adopted: 1. These Regulation shall be known as the NE W5M Direct Control District Regulations. 2. The purpose of these Regulations is to allow for the establishment of a range of industrial uses, including a value added wood processing establishment, with indoor manufacturing and outdoor storage. 3. PERMITTED USES OF LAND AND/OR BUILDINGS The following uses shall be permitted with or without conditions providing the application complies with the Direct Control District and these Regulations. Deemed Approved (a) Extensive Agriculture Location Permit (a) Ancillary buildings and uses. DISCRETIONARY USES OF LAND AND/OR BUILDINGS The following uses may be permitted with our without conditions providing the application complies with the Direct Control District and these Regulations. Development Permit (a) (b) (c) Signs A value added wood processing establishment with indoor manufacturing and outdoor storage Caretakers Residence Adopted July 21, Bylaw 28/97

8 (d) (e) (f) (g) (h) (i) Waste Management Facility Natural resource extraction Industrial-Manufacturing Industrial- Processing Industrial-Sales and Distribution Industrial-Service and Repair 4. REGULATIONS-SETBACKS AND SIZE (a) (b) (c) Minimum Floor Area ( i ) permitted and discretionary uses square feet. ( ii ) caretakers residence square feet. Minimum Front Yard Setback ( i ) 250 feet from the center line of the County road allowance. ( ii ) Property line for signs, fences and gates. Minimum Side and Rear Yard Setbacks ( i ) no development will be allowed within 1000 feet of the north side of the quarter, within 250 feet of the west side of the quarter, and within 50 feet of the south side of the quarter. ( ii ) property line for signs, fences and gates. 5. SUPPLEMENTARY REGULATIONS (a) (b) (c) (d) (e) (f) (g) The removal of any trees within 250 feet of the east, west and south sides of the quarter and within 1000 feet of the north side of the quarter will require the approval of the Development Officer. Off-street parking shall be provided in accordance with the size of development proposed and shall be determined by the Municipal Planning Commission. No development shall be allowed to interfere with sight distances so as to be hazardous to vehicular traffic. No permanent buildings or permanent structures will be allowed over the reclaimed landfill site. The height of buildings may be limited to such height as is deemed suitable and appropriate for the intended use. The Municipal Planning Commission may require that a development agreement be entered into addressing among other things, sound attenuation, environmental monitoring, and road improvements to the site. No burning of waste or by products will be allowed without proper approval from Mountain View County and any other regulatory agencies. Adopted July 21, Bylaw 28/97

9 (h) Any Development pursuant to Section 3 may be considered to be a Discretionary Use where such use is deemed to be unsafe, hazardous, noxious, or otherwise inappropriate for the intended location. Adopted July 21, Bylaw 28/97

10 COUNTY OF MOUNTAIN VIEW NO. 17 SW / Fertilizer Outlet Direct Control Regulations WHEREAS Section 641 of the Municipal Government Act, provides for the establishment of Direct Control Districts to enable Council to exercise control over the use and development of land or buildings within an area of the County; and WHEREAS by By-Law No. 74/95, Council has amended the County of Mountain View No. 17 Land Use By- Law No. 55/95 to designate an area of land as a Direct Control District; and WHEREAS Council now wishes to provide for the regulation and control of the use or development of land or buildings within the said area of land to allow Council to restrict the use and development of the land area for the sale of fertilizers and agricultural chemicals and the sale and service of fertilizer application equipment. NOW THEREFORE BE IT RESOLVED that pursuant to the Municipal Government Act, Section 641 (2), the following Regulations be adopted: 1. These Regulations shall be known as the "Fertilizer Outlet Direct Control District Regulations". 2. These Regulations shall apply to a portion of the SW The range of uses shall be limited to the sale of fertilizers and agricultural chemicals and the sale and service of fertilizer application equipment. 4. As outlined in the Public Highways Development Act, Alberta Transportation and Utilities requires a permit for use of the existing highway access arrangement, prior to development of the site for a bulk fertilizer distribution facility. In addition, pursuant to the Act, access to and from Highway 2 is considered temporary and shall be closed whenever required by Alberta Transportation and Utilities. 5. In reviewing any development permit application for the site, consideration will be given to, among other things, dust abatement measures on access roads. Adopted November 21, Bylaw 74/95

11 COUNTY OF MOUNTAIN VIEW NO. 17 SE W5M / Tall Timber Direct Control Regulations WHEREAS Section 641 of the Municipal Government Act as amended provides for the establishment of Direct Control Districts to enable Council to exercise control over the use and development of land or buildings within an area of the County; and WHEREAS by Bylaw No. 36/96, Council has amended Land Use Bylaw No. 55/95 to designate an area of land as a Direct Control District; and WHEREAS Council now wishes to provide for the regulation and control of the use or development of the land area for recreational purposes; NOW THEREFORE BE IT RESOLVED that pursuant to the Municipal Government Act, Section 641, the following Regulations be adopted: 1. These Regulations shall be known as the Tall Timber Direct Control District Regulations. 2. These Regulations shall apply to a portion of the SE W5M 3. The intent of these Regulations is to allow Council the flexibility and control necessary to plan and regulate all aspects of the development of these lands for recreational purposes and not for use as permanent residences. It is the intent of these Regulations to recognize the existing use of the site as a campground and to allow for an increase in the number of seasonal recreational vehicle sites. 4. No permanent dwellings of any type are permitted pursuant to these Regulations on any recreational vehicle site. As well, no permanent occupancy in any recreational vehicle is allowed. 5. The minimum size of any new site is 1600 square feet and the recreational vehicle sites may abut the property line. All recreational vehicles and any decks must be located at least 5 feet from the side and rear boundary of each site. The number of new sites allowed will be determined through the development permit process. 6. All developments existing at the time of passing these Regulations are hereby permitted. 7. Recreational vehicles shall not require a location permit; however decks and roof covers will require a location permit. Decks that are greater than 8 feet wide or longer than the vehicle itself and roof covers with more than a one foot overhang over the deck are not permitted. No more that one (1) recreational vehicle and a maximum 8 by 10 foot metal prefabricated storage shed shall be permitted on any site at any time. However, where two adjacent lots are owned by the same party, additional development may be permtted if a development permit is obtained. The County, as a condition of the permit, may place a condition that the development be removed if the lot is sold. Decks are not to be enclosed and no more than 30 percent screening is permitted. As Amended June 26, Bylaw 36/96

12 8. Notwithstanding Number 4 above, the following ancillary buildings and services are permitted: resident manager s mobile home(no size restrictions), owners residences, storage garage, machine shop, swimming pool, ice cream shop, convenience store, and indoor/outdoor washroom, shower, and laundry facilities. Other building and services which in the opinion of the County of Mountain View are ancillary to the purpose of these Regulations are also permitted, provided proper permits are obtained. Permanent residency will be permitted for a resident manager and assistant manager only. 9. Any location or development permit in a new development area will carry a condition that development is 0.5 metres freeboard above the 1:100 design flood level. Other methods to achieve flood protection may also be considered by the County. Larger floods may occur or the flood height may be increased by man-made or natural causes, such as ice jams and bridge openings restricted by debris. These Regulations or any permits issued pursuant to them do not imply that areas outside the flood hazard area boundaries will always be totally free from flooding or flood damages. Nor shall these Regulations create a liability on the part of, or be a cause of, action against the County of Mountain View or any officer or employee thereof for any flood damages that may result from the reliance on these Regulations or permits. 10. The site area for these Regulations is the titled area existing at the time of adoption of these Regulations. 11. All animals must be kept on a leash at all times. 12. All new developments will require a location or development permit. The County of Mountain View may require screening, which may include landscaping and fencing, as a condition of development approval. As Amended June 26, Bylaw 36/96

13 MOUNTAIN VIEW COUNTY SE W5M Direct Control Regulations WHEREAS Section 641 of the Municipal Government Act as amended provides for the establishment of Direct Control Districts to enable Council to exercise control over the use and development of land or buildings within an area of the County; and WHEREAS Council wishes to provide for the regulation and control of the use and development of the land area for private recreational purposes, NOW THEREFORE BE IT RESOLVED that pursuant to the Municipal Government Act Section 641, the following Regulations be adopted: 1. These Regulations shall be known as the SE W5M Direct Control District Regulations. 2. These Regulations shall apply to that portion of the SE W5M, contained within Plan ; Lot The purpose of these Regulations is to allow for the establishment of a recreational land use to include recreational vehicles for use on a year round basis. 4. PERMITTED USES OF LAND AND/OR BUILDINGS The following uses shall be permitted with or without conditions providing the application complies with the Direct Control District and these Regulations. Location Permit (a) (b) Recreational Vehicle / Recreational Vehicle (Park Model) (Subject to 6 (a) Deck and Roof Covers Development Permit (a) (b) Recreation / Storage Building - Maximum of One (1) Recreation Facility 5. REGULATIONS - SETBACKS AND SIZE (a) Maximum Floor Area (i) (ii) Recreational Vehicle Recreational Vehicle (Park Model) 600 square feet Adopted January 26, Bylaw 62/98

14 (iii) (iv) Recreation / Storage Building- At Discretion of Municipal Planning Commission. Deck and Roofs Covers: Recreational Vehicle / Recreational Vehicle (Park Model): Decks shall not be greater than 8 feet wide nor longer than the Recreation Vehicle and roof covers with more than a one foot overhang over the deck are not permitted. Decks are not to be enclosed and no more than 30 percent screening is permitted. (b) Minimum Yard Setback Requirement from the boundaries of Plan ; Lot 1 are as follows: (i) (ii) (iii) Minimum Front Yard Setback 150 feet from the centre line of the County road allowance. Minimum Side and Rear Yard Setback 20 feet. Minimum setback required from the crest of the slope shall be as determined by the Municipal Planning Commission. In order to determine a minimum setback, a slope stability report prepared by a qualified professional may be required of the developer. 6. SUPPLEMENTARY REGULATIONS (a) The maximum number of recreational vehicles or recreational vehicles (park model) permitted on a permanent basis shall not exceed five (5). For the purposes of these Regulations, the area surrounding a recreational vehicle / recreational vehicle (park model) permanently situated on the property shall constitute a site. Mobile homes are not permitted. (b) The maximum number of sites permitted on the subject property shall not exceed five (5). (c) Notwithstanding 6.(a) above, there may be a maximum of two (2) recreational vehicles belonging to person (s) visiting, provided the length of stay does not exceed two (2) weeks. (d) Potable water shall be provided through a common water system or individual water wells. (e) Sanitary sewage collection and disposal is subject to all legislation, regulations, and guidelines of Alberta Labour, Alberta Provincial Board of Health and Alberta Environmental Protection. (f) Development of recreation facilities or the expansion of an existing recreation facility may require screening, which could include landscaping and/or fencing as a condition of development approval. (g) Outside storage shall not be permitted except for the storage of firewood or other purposes consistent with the recreational use of the property. The storage of recreational vehicles, other than provided by 6.(a), is not permitted. (h) All animals must be kept on a leash at all times. Adopted January 26, Bylaw 62/98

15 (i) The Development Authority may as a condition of approval require the applicant to enter into a development agreement as a condition of approval. (j) Plan , Lot 1 may not be further subdivided. (k) Use of the subject property shall be restricted to private recreational purposes only. Use of any portion of the subject property for public recreation purposes or facilities shall not be permitted. 7. DEFINITIONS - FOR THE PURPOSE OF THIS SECTION (a) "BUILDING" means any thing constructed or placed on, in, over or under land but does not include a highway or road or a bridge that forms part of a highway or road; (b) "DEVELOPMENT PERMIT" means a document authorizing a development issued pursuant to a land use by-law; (c) "FLOOR AREA" means the total floor area of every room and passageway contained but not including the floor areas of basements, attached garages, shed, open porches, patios, open decks or verandas, or breezeways; (d) "RECREATIONAL VEHICLE" means a transportable unit, including tents and related structures, designed, constructed or re-constructed to be used or intended to be used for camping purposes; (e) "LOCATION PERMIT" means a document authorizing a development or use of buildings or lands that are not deemed approved or requiring a Development Permit; (f) "RECREATION FACILITY" means parks and playgrounds and other similar uses. Adopted January 26, Bylaw 62/98

16 MOUNTAIN VIEW COUNTY NE & NW W5M / Ralnor Direct Control Regulations WHEREAS Section 641 of the Municipal Government Act as amended provides for the establishment of Direct Control Districts to enable Council to exercise control over the use and development of land or buildings within an area of the County; and WHEREAS Council wishes to provide for the regulation and control of the use and development of the land area for a comprehensive recreational, residential and agricultural development, NOW THEREFORE BE IT RESOLVED that pursuant to the Municipal Government Act Section 641, the following Regulations be adopted: 1. These Regulations shall be known as the NE & NW W5M / Ralnor Direct Control District Regulations. 2. These Regulations shall apply to the NE & NW W5M. 3. The purpose of these Regulations is to generally allow for the establishment of recreational, residential and agricultural land uses within the subject property. 4. Definitions For the Purpose of this Section: (a) (b) (c) (d) (e) (f) ANCILLARY BUILDING AND/OR USE means a building or use of land which is separate, incidental and subordinate to the primary use of the land and/or building located on the same lot. BARELAND CONDOMINIUM means a bare land unit as defined by the Condominium Property Act. COMMERCIAL BUSINESS means the use of land or buildings for business activities of a commercial nature such as; barber and hair styling shops, drugstore, retail stores and similar commercial business uses. DEEMED APPROVED means any development or use of buildings or land that does not require any approval, if in compliance with the Land Use Bylaw. DEVELOPMENT PERMIT means a document authorizing a development issued pursuant to a land use by-law. EXTENSIVE AGRICULTURE means the use of land or buildings for the raising or producing of crops and/or livestock but does not include intensive agriculture as a primary use. Adopted October 27, Bylaw 28/99

17 (g) (h) (i) FLOOR AREA means the total floor area of every room and passageway contained but not including the floor areas of basements, attached garages, shed, open porches, patios, open decks or verandas, or breezeways; LOCATION PERMIT means a document authorizing a development or use of buildings or lands that are not deemed approved or requiring a Development Permit. MITIGATE means to make less intense or severe. 5. PERMITTED USES OF LAND AND/OR BUILDINGS The following uses shall be permitted with or without conditions providing the application complies with the Direct Control District and these Regulations. A. Deemed Approved (1) Ancillary Building and/or Use (Agricultural) (2) Agriculture - Extensive (3) Fences and Enclosures (4) Landscaping & Screening (Subject to Section 7.G (1)) B. Location Permit (1) Ancillary Building and/or Use (Portable) (2) Decks (3) Signs C. Development Permit (1) Ancillary Building and/or Use (Permanent) (2) Café, Coffee Shop, Restaurant (3) Commercial Business (Ancillary to the Recreational/ Residential Development) (4) Dwelling Unit Detached (5) Dwelling Unit Manager/Staff (6) Dwelling Unit Suites (Subject to Section 7.B (1)) (7) Dwelling Unit - Townhouse (8) Golf Course & Driving Range (9) Guest Ranch (10) Lodge/Club House/Pro Shop (11) Lounge and Licensed Premises (12) Parks & Playgrounds (13) Stable & Riding Facility (14) Swimming Pool & Related Facilities (15) Tennis Court Adopted October 27, Bylaw 28/99

18 6. REGULATIONS - SETBACKS AND SIZE A. Site Area: (1) To be determined at the time of redesignation. B. Minimum Floor Area: (1) Dwelling Unit Detached: 1,000 square feet (2) Dwelling Unit Manager/Staff: Discretion of the Municipal Planning Commission (3) Dwelling Unit Suites: 350 square feet (4) Dwelling Unit Townhouse: 1,000 square feet All other development: Discretion of the Municipal Planning Commission C. Minimum Front Yard Setback: (1) 250 feet from the centre line of any County road allowance for all development or as may otherwise be required by the Municipal Planning Commission; (2) Property line for signs, fences, gates and other means of enclosure. D. Minimum Side Yard Setback: (1) 50 feet from the property lines for all developments. (2) Property line for signs, fences, gates and other means of enclosure. E. Minimum Rear Yard Setback: (1) 50 feet from the property lines for all developments. (2) Property line for signs, fences, gates and other means of enclosure. F. Minimum Site Requirements Bareland Condominium Subdivision: (1) Minimum Site Area: (a) Dwelling Unit Detached: 1.0 acre (One per condominium unit) (b) Dwelling Unit Townhouse: See Section 7.K (1) (2) Minimum Front Yard Setback (measured from property line): 50 feet (3) Minimum Side Yard Setback 20 feet (4) Minimum Rear Yard Setback 20 feet Adopted October 27, Bylaw 28/99

19 7. SUPPLEMENTARY REGULATIONS A. Condominium Subdivision / Development: Minimum development standards established by the County with respect to conventional forms of subdivision and development shall also apply to bareland condominiums, particularly with respect to water, sewer and roadway development. Only one (1) ancillary building shall be permitted on a bareland condominium unit and shall not exceed a maximum floor area of 288 square feet. The Condominium By-laws shall be approved by Council. B. Density: (1) The following development may be permitted where it is consistent with all provisions of these regulations: (a) 55 Residential lots; (b) 36 Suites; (c) 77 Townhouse Units; and Other uses listed in Section 4 above. (2) The Municipal Planning Commission may vary the mix of residential dwelling types by ten (10) percent, with a maximum number of residential units not to exceed 168. C. Development Agreement: (1) The Subdivision and/or Development Authorities will require the applicant enter into a development agreement as a condition of approval. D. Development Constraints: (1) The Approving Authority may require a geotechnical report, prepared by a qualified individual, where subdivision and /or development is proposed adjacent to steep slopes. The Approving Authority will require any subdivision or development to be setback from the edge of any steep slopes. (2) At the discretion of the Approving Authority, applications for subdivision and development may require the preparation of a surface run-off management plan. (3) All subdivision and development shall have regard for the environmental features of the impacted lands and shall address suitable means of mitigation or enhancement as may be appropriate. At the request of the Municipal Planning Commission, additional studies may be required to address mitigative measures and any other issues that the Municipal Planning Commission may identify. Adopted October 27, Bylaw 28/99

20 E. Domestic Animals: All domestic animals will be subject to the County By-laws. F. Golf Course Development: (1) In regards to golf course development, the development authority may require, as a condition of approval the following: herbicide/pesticide management plan; drainage plan; and, water management plan. G. Landscaping: The Approving Authority may require that a lot or development area be suitably landscaped, fenced or screened. The control of weeds shall be subject to County by-laws. H. Livestock: (1) Livestock shall not be permitted within those portions of the property developed for residential purposes. I. Oil and Gas: (1) All subdivision and development shall meet the minimum setback requirements as established by the Alberta Energy and Utilities Board (AEUB) in regards to sour gas pipelines and facilities. J. Parking: The provision of on site parking shall be at the discretion of the Municipal Planning Commission. One holiday trailer may be parked and used for camping on a lot. RV parking will only be permitted for five (5) days. K. Setback Regulations for Townhouse Development: (1) The Municipal Planning Commission may approve common party walls and zero lot lines. L. Water and Sewage: (1) Potable water shall be provided through a common water system or individual water wells. Pursuant to the requirements of the Water Act a water report, Adopted October 27, Bylaw 28/99

21 prepared by a qualified professional, shall be submitted as part of any applications for subdivision. (2) Water licence(s) as where required by Alberta Environmental and Protection shall be obtained for all development within the subject property. (3) Sanitary sewage collection and disposal shall be provided by a communal system and is subject to all legislation, regulations, and guidelines of Alberta Labour, Alberta Provincial Board of Health and Alberta Environmental Protection. M. Fire Protection: (1) An on site fire protection plan, acceptable to the County, shall be prepared by the developer. Adopted October 27, Bylaw 28/99

22 MOUNTAIN VIEW COUNTY N ½ W5M / Coyote Creek Direct Control Regulations WHEREAS Section 641 of the Municipal Government Act as amended provides for the establishment of Direct Control Districts to enable Council to exercise control over the use and development of land or buildings within an area of the County; and WHEREAS Council wishes to provide for the regulation and control of the use and development of the land area for recreational purposes, NOW THEREFORE BE IT RESOLVED that pursuant to the Municipal Government Act Section 641, the following Regulations be adopted: 1. These Regulations shall be known as the N ½ W5M / Coyote Creek Direct Control District Regulations. 2. These Regulations shall apply to the N ½ W5M. 3. The purpose of these Regulations is to generally allow for the establishment of recreational land uses within the subject property. 4. Definitions For the Purpose of this Section: ANCILLARY BUILDING AND/OR USE means a building or use of land which is separate, incidental and subordinate to the primary use of the land and/or building located on the same lot. BARELAND CONDOMINIUM means a bare land unit as defined by the Condominium Property Act. COMMERCIAL BUSINESS means the use of land or buildings for business activities of a commercial nature such as retail stores and similar commercial business uses. DEEMED APPROVED means any development or use of buildings or land that does not require any approval, if in compliance with the Land Use Bylaw. DEVELOPMENT PERMIT means a document authorizing a development issued pursuant to a land use by-law. EXTENSIVE AGRICULTURE means the use of land or buildings for the raising or producing of crops and/or livestock but does not include intensive agriculture as a primary use. FLOOR AREA means the total floor area of every room and passageway contained but not including the floor areas of basements, attached garages, shed, open porches, patios, open decks or verandas, or breezeways; Adopted April 26, Bylaw 80/99

23 LOCATION PERMIT means a document authorizing a development or use of buildings or lands that are not deemed approved or requiring a Development Permit. MITIGATE means to make less intense or severe. 5. PERMITTED USES OF LAND AND/OR BUILDINGS The following uses shall be permitted with or without conditions providing the application complies with the Direct Control District and these Regulations. A. Deemed Approved Ancillary Building and/or Use (Agricultural) Agriculture - Extensive Landscaping & Screening (Subject to Section 7.G (1)) Recreational Vehicle (One (1) Per Unit) B. Location Permit Ancillary Building and/or Use (Portable) Maximum of One (1) Ancillary Building per Condominium Unit (1) Decks and Roof Covers (2) Signs & Advertizing C. Development Permit (1) Ancillary Building and/or Use (Permanent) (2) Café, Coffee Shop, Restaurant (3) Recreational Vehicle Campground (4) Commercial Business (Ancillary to the Recreational/ RV Development) (5) Dwelling Unit Manager/Staff (6) Golf Course & Driving Range (7) Lodge/Club House/Pro Shop (8) Lounge and Licensed Premises (9) Natural Resource Extraction (10) Parks & Playgrounds (11) Recreational Vehicle Park (12) Swimming Pool & Related Facilities 6. REGULATIONS - SETBACKS AND SIZE A. Site Area: (1) To be determined at the time of redesignation. Adopted April 26, Bylaw 80/99

24 B. Floor Area - Condominium (1) Ancillary Building 80 square feet maximum (2) Deck and Roofs Covers Decks shall not be greater than 12 feet wide from the fixed wall, provided setbacks are met, nor longer than the Recreation Vehicle and roof covers with more than a one foot overhang over the deck are not permitted. (Amended August 7, 2002). (3) Dwelling Unit Manager/Staff: Discretion of the Municipal Planning Commission (4) All other development: Discretion of the Municipal Planning Commission C. Minimum Front Yard Setback: (1) 250 feet from the centre line of any County road allowance for all development or as may otherwise be required by the Municipal Planning Commission; (2) Property line for signs, fences, gates and other means of enclosure. D. Minimum Side Yard Setback: (1) 50 feet from the property lines for all developments. (2) Property line for signs, fences, gates and other means of enclosure. E. Minimum Rear Yard Setback: (1) 50 feet from the property lines for all developments. (2) Property line for signs, fences, gates and other means of enclosure. F. Minimum Site Requirements Bareland Condominium Subdivision: (1) Minimum Site Area: (a) Recreational Vehicle: 1600 square feet (One per condominium unit) (2) Minimum Front Yard Setback (measured from property line): 20 feet (3) Minimum Side Yard Setback 5 feet (4) Minimum Rear Yard Setback 5 feet 7. SUPPLEMENTARY REGULATIONS A. Condominium Subdivision / Development: Minimum development standards established by the County with respect to conventional forms of subdivision and development shall also apply to bareland condominiums, particularly with respect to water, sewer and roadway development. The Condominium By-laws shall be approved by the Municipal Planning Commission. Adopted April 26, Bylaw 80/99

25 B. Density: (1) The following development may be permitted where it is consistent with all provisions of these regulations: (a) up to 375 Recreational Vehicle Sites (Including both condominium sites and overnight sites); (b) 27-Hole Golf Course; (c) Development associated with (a) and (b) above and approved by the Municipal Planning Commission. (2) Notwithstanding (1)(a) above, one (1) recreational vehicle used by visitors for camping, is permitted per site provided that the maximum stay does not exceed two (2) weeks. (3) Council may consider additional development through the amendment of these Regulations. C. Development Agreement: (1) The Subdivision and/or Development Authorities will require the applicant enter into a development agreement as a condition of approval. D. Development Constraints: (1) The subject property is located adjacent to the Red Deer River and may be subject to flooding. At the request of the Municipal Planning Commission, a hydrogeological study addressing the issue of floodplain and developability will be required. (2) At the discretion of the Approving Authority, applications for subdivision and development will require the preparation of a grading plan and/or surface run-off management plan. (3) All subdivision and development shall have regard for the environmental features of the impacted lands and shall address suitable means of mitigation or enhancement as may be appropriate. At the request of the Municipal Planning Commission, additional studies may be required to address mitigative measures and any other issues that the Municipal Planning Commission may identify. E. Domestic Animals: All domestic animals will be subject to the County By-laws. F. Golf Course Development: Adopted April 26, Bylaw 80/99

26 (1) In regards to golf course development, the development authority shall require, as a condition of approval the following: herbicide/pesticide/fertilizer management plan recognizing the shallow gravel base; drainage plan; and, water management plan. G. Landscaping: The Approving Authority may require that a lot or development area be suitably landscaped, fenced or screened. The control of weeds shall be subject to County by-laws. H. Oil and Gas: (1) All subdivision and development shall meet the minimum setback requirements as established by the Alberta Energy and Utilities Board (AEUB) in regards to sour gas pipelines and facilities. I. Parking: The provision of on site parking shall be at the discretion of the Municipal Planning Commission. J. Water and Sewage: (1) Potable water shall be provided through a common water system or individual water wells. Pursuant to the requirements of the Water Act a water report, prepared by a qualified professional, may be required as part of any applications for subdivision. (2) Water licence(s) as where required by Alberta Environment shall be obtained for all development within the subject property. (3) Sanitary sewage collection and disposal shall be provided by a communal system and is subject to all legislation, regulations, and guidelines of Alberta Labour, Alberta Provincial Board of Health and Alberta Environment. K. Emergency Services: (1) An on site fire protection plan, acceptable to the County, shall be prepared by the developer and will also address the provision of emergency egress from the development. (2) Emergency services awareness shall be the responsibility of the developer. Consultation with appropriate agencies is strongly encouraged. Adopted April 26, Bylaw 80/99

27 Sundre Airport: The development area is located south of the Sundre Airport. The applicant shall acknowledge the proximity of a busy airport and provide notice to lot owners. Construction of buildings shall conform to the Canada Mortgage and Housing Corporation s standards of sound insulation, unless the building is utilized for storage purposes. Prior to consideration of a development permit, the Development Officer will consult with the Sundre Airport Commission. All development is restricted as to height as indicated on the height limitations map attached to this By-law. Any construction of any permanent buildings or other development such as but not limited to recreational vehicle sites, golf course water hazards, swimming pools etc., in direct line with the runway approach plus a 5 o divergent angle, shall not be permitted. Adopted April 26, Bylaw 80/99

28 MOUNTAIN VIEW COUNTY NE W5M / Arowen Direct Control Regulations WHEREAS Section 641 of the Municipal Government Act as amended provides for the establishment of Direct Control Districts to enable Council to exercise control over the use and development of land or buildings within an area of the County; and WHEREAS Council wishes to provide for the regulation and control of the use and development of the land area for recreational purposes, NOW THEREFORE BE IT RESOLVED that pursuant to the Municipal Government Act Section 641, the following Regulations be adopted: 1. These Regulations shall be known as the NE W5M / Arowen Direct Control District Regulations. 2. These Regulations shall apply to the NE W5M. 3. The purpose of these Regulations is to generally allow for the establishment of recreational land uses within the subject property. 4. Definitions For the Purpose of this Section: (a) ANCILLARY BUILDING AND/OR USE means a building or use of land which is separate, incidental and subordinate to the primary use of the land and/or building located on the same lot. (b) DEEMED APPROVED means any development or use of buildings or land that does not require any approval, if in compliance with the Land Use Bylaw. (c) DEVELOPMENT PERMIT means a document authorizing a development issued pursuant to a land use by-law. (d) EXTENSIVE AGRICULTURE means the use of land or buildings for the raising or producing of crops and/or livestock but does not include intensive agriculture as a primary use. (e) FLOOR AREA means the total floor area of every room and passageway contained but not including the floor areas of basements, attached garages, shed, open porches, patios, open decks or verandas, or breezeways; (f) LOCATION PERMIT means a document authorizing a development or use of buildings or lands that are not deemed approved or requiring a Development Permit. (g) MITIGATE means to make less intense or severe. Adopted July 26, Bylaw 7/00

29 (h) RECREATIONAL VEHICLE means a transportable unit, including tents and related structures, designed, constructed or re-constructed to be used or intended to be used for camping purposes. (i) PASSIVE RECREATIONAL USE means activities that involve relatively inactive pursuits connected with a recreational vehicle campground including siting, card games, chess, and similar recreational activities. [Amended Bylaw No. 10/08] (j) RECREATIONAL VEHICLE PARK MODEL means a recreational vehicle intended for seasonal, vacation or recreational occupancy that is not self-contained. It is designed for park camping only, and while it is easily moved form site to site, as a normal recreational vehicle, it is not capable of dry camping as it does not have any water or sewage storage tanks and must be used with hookups. It is not a mobile home. [Amended Bylaw No. 10/08] (k) DRY CAMPING means camping without water, power or sewage hookups. [Amended Bylaw No. 10/08] (l) MOBILE HOME means a transportable single family dwelling unit intended for year round occupancy designed to be transported on its own wheels and arriving at the site ready for occupancy apart from incidental operations such as location of foundation supports and connection to utilities. Mobile homes are generally greater than four metres in width and under the Alberta Safety Codes Act require the issuance of a building permit. [Amended Bylaw No. 10/08] (m) ENCLOSURE means those elements forming permanent enclosure of a portion of a deck. Such elements shall include but not limited to walls, window and doors. Elements such as railing and mesh (nylon or metal) screening for the purposes of repelling insects shall not be regarded as forms of enclosure. [Amended Bylaw No. 10/08] 5. PERMITTED USES OF LAND AND/OR BUILDINGS [Amended Bylaw No. 10/08] The following uses shall be permitted with or without conditions providing the application complies with the Direct Control District and these Regulations. A. Deemed Approved 1. Agriculture - Extensive B. Location Permit 1. Ancillary Building and/or Use - Maximum of Two (2) per site, wood or metal only: Storage Shed Wood Shed (one side must be opein) Fire Pit/Gazebo (no screening permitted) 2. Decks 3. Roof Covers 4. Signs (maximum 6 ft2 and one per unit) 5. Recreational Vehicle (Subject to 7.B(3)) Adopted July 26, Bylaw 7/00