Part 1 Application and Interpretation
1.1. Purpose
1.1.1. The purpose of this Bylaw is to regulate the use and development of land and buildings within the boundaries of the Municipality.
1.2. Application
1.2.1. The provisions of this Bylaw apply to all land and buildings within the boundaries of the Municipality.
1.2.2. For clarity, this Bylaw does not apply to First Nations reserves within the Municipality.
1.3. Conformity with this Bylaw
1.3.1. All development shall conform to the requirements of this Bylaw.
1.3.2. All development requires a development permit unless exempted by Part 3 Section 3.2 or Part 8 Section 8.3.3.
1.4. Validity of Provisions
1.4.1. Every provision of this Bylaw is independent of all other provisions, and if any provision of this Bylaw is declared invalid, for any reason, by a Court of competent jurisdiction, all other provisions of this Bylaw shall remain valid.
1.5. Other Legislative Requirements
1.5.1. Nothing in this Bylaw affects a person’s obligation to comply with:
(a) private legal arrangements including but not limited to, restrictive covenants, easements, architectural covenants, or building schemes;
(b) any other enactment or Bylaw; or
(c) any permit, approval, order, or other legal requirement concerning or affecting a development.
1.6. Transition
1.6.1. A complete application for a subdivision, development permit or amendment to the Land Use Bylaw which has been submitted or lawfully started prior to the effective date of this Bylaw, including any appeals associated with such applications, shall be evaluated under the provisions of the former Land Use Bylaw No. 99/059, as amended.
1.7. Rules of Interpretation
1.7.1. All units of measurement used in this Bylaw are metric units.
1.7.2. In this Bylaw and in any form, procedure, protocol, requirement, guideline or interpretation of terminology, related to this Bylaw, unless the context explicitly or by necessary implication requires otherwise:
(a) “shall” means mandatory compliance of regulations and provisions of this Bylaw;
(b) “may” means discretionary compliance or a choice in applying regulations and provisions of this Bylaw;
(c) the letters “ha” standing alone in lower case means “hectare(s)”;
(d) the letter “m” standing alone in lower case means “metre(s)”;
(e) the letters “sq m” standing alone in lower case means “square metre(s)”;
(f) the words "include," "includes," and "including" (and similar formulations) are deemed to be followed by "without limitation";
(g) words used in the singular include the plural;
(h) a reference to a person means both a natural person and a body corporate or partnership;
(i) a word or expression not defined in this Bylaw but defined in the Act has the same meaning as in the Act;
(j) underlined and italicized terms are defined in this Bylaw under Part 1 Section 1.9, Part 8 Section 8.4 and Part 9 Section 9.3;
(k) capitalized terms may be defined in other enactments or statutes;
(l) approval or approved means an approval pursuant to this Bylaw;
(m) district means a Land Use District.
1.7.3. In this Bylaw reference to any district may be made by either its name in full, by its abbreviated name or by a combination of both.
1.7.4. Rounding of Numbers
(a) In determining whether a building, parcel, setback, sign or any other thing complies with a requirement of height, area, distance, luminance or illumination, any measurement shall be rounded to the nearest whole number.
(b) Despite Part 1 Section 1.7.4 (a), where a measurement is stated in this Bylaw with a decimal place, the measurement shall not be rounded.
1.7.5. Land Use Map
(a) The Municipality is hereby divided into districts and the boundaries of every district are delineated on the Land Use Maps.
(b) The Land Use Maps, are the maps incorporated as Appendix A of this Bylaw, as may be amended or replaced.
(c) For clarity, boundaries between districts shall be determined as follows:
i. where a district boundary is indicated as approximately following a street, lane or other public thoroughfare, the boundary shall be the centre line;
ii. where a district boundary is indicated as approximately following lot lines, the boundary shall be the lot lines;
iii. where a district boundary is indicated as approximately following the limits of the Urban Service Area or a hamlet boundary, it shall be deemed to be following the limits of the Urban Service Area or the hamlet boundary;
iv. where a district boundary is shown as approximately following the centre of pipelines, railway lines, or utility easements it shall be deemed to follow the centre line of the right-of-way;
v. where a district boundary is shown as approximately following the shorelines of rivers, lakes or other bodies of water or water courses, it shall be deemed to follow such shorelines and in the event of change in such shorelines, it shall be deemed as moving with the same;
vi. where a district boundary is shown as approximately following a topographic contour line or a top-of-bank line, it shall be deemed to follow such line and in the event of change in such line, it shall be deemed as moving with that line;
vii. where none of the above provisions apply, and where appropriate, the district boundaries shall be determined by dimensions indicated on the Land Use Map or by measurements scaled from the digital version of that map.
1.7.6. Gregoire Lake Estates refers to the area identified on Map 21 Appendix A.
1.7.7. Longboat Landing refers to the area identified on Map 32 Appendix A.
1.8. Interpretation of Provisions
1.8.1. General Provisions
(a) Active Frontages
i. Developments shall comply with regulations within a district that address the following components of an at-grade frontage (see Figure 1.1):
1. minimum ground floor to ceiling height;
2. percentage of lot frontage or building occupied by the active at-grade building façade;
3. orientation of the primary entry door of each at-grade unit;
4. percentage of at-grade building façade required to have transparent glazing; and,
5. spill out zones.
(b) Retaining Walls
i. A retaining wall shall be measured as the greatest vertical distance between grade and the perpendicular top of the retaining wall as shown in Figure 1.2.
1.8.2. Purpose Statements
(a) Purpose statements for land use districts describe the intent of the land use district.
(b) All characteristics within a purpose statement do not need to be met to satisfy the intent of the district.
1.8.3. Site Standards
(a) Interpretation
i. Where a provision is capable of two or more meanings, it shall be given the meaning that is most consistent with the purpose statement of the land use district.
(b) Density
i. Density is measured using dwelling units per hectare for residential development and floor area ratio (see Figure 1.3) for all other development.
ii. Secondary suites are not included when calculating dwelling units per hectare.
iii. The provisions of the land use districts identify a maximum residential density to be applied to the site or development area, and are measured on a net basis. Net residential density is calculated by dividing the total number of dwelling units by the total number of net residential land. Net residential land excludes non-residential areas such as open spaces and road right-of-ways.
iv. When calculating floor area ratio, the following floor areas shall be excluded:
1. basement areas used exclusively for storage related to building operations or maintenance;
2. stairwells;
3. parking structures and parking areas;
4. access to parking areas above and below grade;
5. areas exclusively used for mechanical or electrical equipment servicing the development.
(c) Height
i. Where permitted heights are indicated in both linear metres and storeys, the linear measurement shall prevail.
(d) Setbacks
i. A building setback shall be measured from the lot line to the façade of the building that is closest to the lot line.
ii. The front yard shall be assessed from the shortest length of the lot facing the road.
(e) Lot Coverage
i. All buildings on a parcel shall be included when calculating lot coverage.
ii. Despite Part 1 Section 1.8.3 (e) i, the following shall not be included when calculating lot coverage (see Figure 1.4):
1. hard landscaping;
2. decks that are less than 0.6m in height; and,
3. stairs and landings.

(f) Lot width shall be determined:
i. where both front and rear lot lines as measured between the side lot lines are equal to or greater than the minimum lot width as identified in the applicable district, as the horizontal distance measured along a cord connecting the two side lot lines at a point located along the minimum front yard setback.
ii. for pie-shaped or other similar irregularly shaped lots whereby either the front or rear lot lines do not meet the minimum lot width as identified in the appropriate district, by the distance measured 6.0m perpendicular to and at the mid-point of the front yard lot line between the side lot lines. The arc length measure at the curb shall not be less than 70% of the minimum lot width (see Figure 1.5).
iii. for a reverse pie lot, by the horizontal distance between the side lot lines measured 22.0m perpendicular to and at the mid-point of the front lot line (see Figure 1.6).
iv. for other lots where the lot width cannot be reasonably calculated by these methods, the Development Authority shall determine the lot width having regard to access, shape and buildable area of the lot, and the lot width and location of buildings on abutting lots.
1.8.4. Built Form Provisions
(a) Angular Plane
i. Angular planes (see Figure 1.7) are a height limitation provision created by a plane measured at 45° commencing at the intersection line created where the height specified by the district meets the rear yard setback.
(b) Stepback
i. A building stepback (see Figure 1.8) shall be measured horizontally from the façade of a podium to the façade of the tower.
1.9. Definitions
1.9.1. Every word, phrase or expression that is defined in this section has that meaning wherever it is used in this Bylaw.
| Abattoir | means the use of land or building in which livestock are slaughtered and may include the packing, treating, storing and sale of products produced on site. |
| Abut | means immediately contiguous to or physically touching, and when used with respect to a parcel, means that the parcel physically touches upon another parcel and shares a lot line or boundary line. |
| Accessible Parking | means stalls designated for use by persons with disabilities or other mobility limitations. These stalls are designed to accommodate mobility devices and have a barrier free path of travel leading to the nearest entrance. |
| Accessory Building | means a detached permanent or temporary building on a parcel which is subordinate to and incidental to that of the principal building or principal use. Accessory buildings include but are not limited to garages, sea-cans, sheds, quonsets, gazebos, and pergolas. |
| Accessory Use | means a use which is subordinate to and incidental to the principal use. |
| Act | means the Municipal Government Act, R.S.A. 2000, c. M-26. as amended or replaced from time to time and any regulations approved pursuant to the Act. |
| Active Frontage | means at-grade building façades where building design promotes activity at the street level. |
| Addition | means a structure that is attached to a principal building on a site by a roof, an open or enclosed structure, a floor or foundation, or any structure below grade allowing access between the building and the structure. |
| Adjacent | refers to those lands that are next to the parcel of land that is subject to a development permit or subdivision application and includes lands that would be next to the subject parcel if not for a river, stream, railway, road, utility right-of-way, or reserve land. |
| Adult Entertainment Facility |
means:
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| Agriculture, Extensive |
means a commercial agricultural operation producing crops on a parcel of land that is a minimum of 32.38ha. |
| Agriculture, Off-Site Sales |
means an agricultural operation on a parcel that is a minimum of 4.0ha involving the growing of crops or the keeping of animals for off-site sale. |
| Agriculture, Personal Use |
means the keeping of animals for personal and non-commercial use on a parcel that is a minimum of 0.404ha. |
| Agriculture, Small Scale |
means the growing and harvesting of crops, and the keeping of animals on a parcel that is a minimum of 4.0ha and maximum of 32.38ha. Agriculture, small scale includes the sale of goods produced on-site. Agriculture, small scale includes but is not limited to, sod farm, bee keeping, tree farm, aquaculture facility and livestock. |
| Airport |
means any area of land or water, including the frozen surfaces, or other supporting surface used or intended to be used either in whole or in part for the arrival and departure or servicing of aircraft and ancillary buildings or structures associated with such use. |
| Angular Plane |
means the line measured at an upward angle of 45⁰ from the rear yard setback to a specified height which provides the allowable outer limit of the building envelope. |
| Animal Care Services, Major |
means a development for the purposes of treatment, boarding, or training of animals and includes retail sales of associated products. Typical uses are veterinary clinics or hospitals, boarding and breeding kennels, impounding and quarantining facilities, and animal shelters. |
| Animal Care Services, Minor |
means a development for the purposes of care, treatment and grooming of animals that does not require overnight boarding of animals and includes retail sales of associated products. Typical uses are pet grooming salons and small animal veterinary clinics. |
| Apartment |
means a building containing three (3) or more dwelling units arranged in any horizontal and vertical configuration, which have a shared entrance and may include non-residential uses. |
| Applicant |
means the registered property owner or an agent authorized to act on their behalf who submits an application pursuant to this Bylaw. |
| Architectural Elements |
means features that create distinct and visually interesting building design including but not limited to balconies and porches, articulation, different materials, colours, massing, projections, recessions, cornices, ornaments, canopies, and bay windows. |
| Architectural Treatment |
means the exterior design or finish of a building wall. |
| Arterial Road |
a road designed to accommodate medium to high traffic volumes for local and regional trips. Arterial roads are designed to connect neighbourhoods to one another and the community to regional and provincial highways. These roads are mainly four-lane facilities with wide boulevards and limited access to business and residential frontages. |
| Articulation |
means architectural detailing that emphasizes the visual distinction of the vertical and horizontal parts of a building using elements such as façade recessions, columns and eave lines. |
| Auctioneering Facility |
means a development intended for the auctioning of goods and equipment, including the temporary storage of such goods and equipment. |
| Automotive and Equipment Service |
means a development used for the servicing and mechanical repair of automobiles, light trucks, utility vehicles, motorcycles, snowmobiles, and similar classes of vehicles and the sale, installation or servicing of related accessories and parts. This includes transmission shops, muffler shops, tire shops, automotive glass shops, automotive detailing shops, and upholstery shops. This use does not include the servicing of vehicles with a gross vehicle weight greater than 7,000 kg or heavy equipment. |
| Automotive Vehicle Sales or Rental |
means a development for the retail sale or rental of new or used automobiles, recreational vehicles, motorcycles, snowmobiles, tent trailers, motorized boats, travel trailers or similar light vehicles or crafts, together with ancillary maintenance services and sale of parts. This use includes but is not limited to automobile dealerships, rental agencies, and motorcycle dealerships, but does not include dealerships for either the sale of trucks with a gross vehicle weight greater than 7,000 kg or heavy equipment. |
| Automotive Wrecker |
means a development used for the storing, junking, dismantling, wrecking or crushing of three (3) or more motor vehicles, not in running condition, or parts of them, and may include the sale of parts of such vehicles. |
| Balcony |
means a platform attached to a building above the ground floor and used as an outdoor amenity area with access only from within the building. |
| Basement |
means that portion of a building that is located wholly or partially below grade. |
| Bed and Breakfast |
means an accessory use of a single detached dwelling, where temporary sleeping unit accommodation is provided. |
| Bicycle Parking |
means a rack, railing, locker, or other similar device designed for securing one or more bicycles. |
| Blank Wall |
means exterior walls containing no windows or doors and lacking in architectural elements. |
| Block Area |
means the area of all lands fronting on one side of a street between the nearest streets that intersect, meet or are parallel to the aforesaid street. The block area is described by all the lands bounded by streets, but not divided or separated in any way by streets. |
| Block Length |
means the distance of the long edge of a block bounded by streets. |
| Block Perimeter |
means the sum of the length of all sides of a block area. |
| Board |
means the Subdivision and Development Appeal Board established by separate Bylaw. |
| Boarding House |
means a residential dwelling unit, where three (3) or more sleeping units are provided for compensation. |
| Boat Fuel Services |
means the sale of gasoline or petroleum products that is an accessory use to a boating facility. |
| Boxout |
means a non-livable space projecting from an exterior wall beyond the foundation, including chimneys. |
| Building |
means anything constructed or placed on, in, over or under land, but does not include a road or a bridge forming part of a road. |
| Building Footprint |
means the area of the building calculated to the perimeter of the exterior foundation of the building. |
| Building Separation |
means the minimum required distance between building footprints. |
| Bulk Oil, Fuel and Chemical Storage |
means a development where the principal use is the indoor or outdoor storage of bulk oil, fuel, or chemicals and may include facilities for cleaning, blending, or packaging of such materials for redistribution or sale, but does not include the manufacturing or production of these products. Such use includes ancillary features such as cardlock fueling station. |
| Business |
means:
whether or not for profit and however organized or formed, including a co-operative or association of persons. |
| Campground |
means a development used to provide outdoor spaces to the public for accommodation but does not include project accommodation. A campground includes:
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| Cannabis Production and Distribution Facility |
means a development that is principally used for one or more of the following uses:
|
| Cannabis Retail Store |
means a development that is used exclusively for retail sales of cannabis, products that contain cannabis in any form or proportion and may include the sale of cannabis accessories. |
| Cantilever |
means the projection of habitable space beyond the foundation. Cantilevers include any floor space that a person can enter, such as closets, cantilevered room space, and bay windows that create floor space. |
| Casino |
means a development providing gambling facilities and other licensed gaming opportunities as the principal use, including but not limited to casinos and bingos. |
| Cemetery |
means a development of a parcel of land primarily as landscaped open space for the burial or entombment of the deceased, and may include the following accessory developments: columbaria, mausoleums and funeral home. This use includes memorial parks, burial grounds and gardens of remembrance. |
| Child Care Facility |
means a development licensed by the province to provide personal care, maintenance, supervision, or education for seven (7) or more children for periods less than 24 consecutive hours in daytime and overnight. This definition includes daycare centres, nursery schools and play schools and other similar uses but does not include family day home defined by Alberta Early Learning and Child Care Act. |
| Commence |
means the beginning of construction on a parcel, which includes, but is not limited to, site surface preparation, filling or excavation, but does not include work such as, engineering studies, geotechnical investigations, or site surveys. |
| Commercial Guest Accommodation |
means a development used for the provision of multiple rooms or suites for temporary sleeping accommodation in a format where the rooms either have direct exterior access or are served from a common interior corridor and may be equipped with individual kitchen facilities, and may include accessory eating and drinking establishments, meeting rooms, and retail, general shops. This may include hotels, motels, hostels, and apartment hotels, but does not include boarding house, bed and breakfast, country inn, or project accommodation. |
| Commercial School, Major |
means a development used for training and instruction in a specific trade, skill or service, and may include outdoor training areas with associated generation of emissions, noise, odour or dust. |
| Commercial School, Minor |
means a development used for training and instruction in a specific trade, skill or service and where the use is exclusively contained within a building. |
| Commercial Vehicle |
means a vehicle used in connection with conducting a business. |
| Common Amenity Area |
means a common indoor or outdoor area provided for active or passive recreation and enjoyment of the occupants and guests of a residential development including but not limited to communal lounges, recreational facilities and landscaped parks with play areas. |
| Community Service Facility |
means a development for use by the public or public groups for cultural or community activities. Typical uses include museums, libraries, and public and private clubs. |
| Contractor, General |
means a development for general commercial and industrial service support and construction, including but not limited to oilfield support services, cleaning and maintenance contractors, building construction, surveying, landscaping, concrete, electrical, excavation, drilling, heating, plumbing, paving, road construction, sewer or similar services of a construction nature which require on-site storage space for materials, equipment or vehicles normally associated with the contractor service. Any sales, display, office or technical support service areas shall be accessory to the principal contractor, general use. |
| Contractor, Limited |
means a development used for the provision of electrical, plumbing, heating, painting, catering and similar contractor services primarily to individual households where all materials are kept within an enclosed building and there are no accessory manufacturing activities. The use may include accessory sales of goods normally associated with the contractor services. |
| Council |
means the Municipal Council of the Regional Municipality of Wood Buffalo. |
| Country Inn |
means a development designed and containing between five and fifteen sleeping units which is operated to provide temporary accommodation and includes a dining room or kitchen facilities for the provision of meals to registered guests and one parking space for each unit. |
| Courtyard |
means an area partially or fully enclosed by buildings or walls. |
| Crematorium |
means a development for incineration of human or animal remains. |
| Custom Manufacturing |
means a development used for small scale on-site production of goods by hand manufacturing, primarily involving the use of hand tools. |
| Data Centre |
means a building used to store computer systems and associated components for the storage and processing of data. |
| Deck |
means an uncovered or unenclosed amenity structure that is above grade, greater than 1.8sq m in area and which may or may not be attached to a dwelling. |
| Designated Officer |
means a position established by Council to carry out the powers, duties and functions of a Designated Officer, or a person appointed to such position, pursuant to the Chief Administrative Officer Bylaw No. 17/021, as amended or replaced from time to time. |
| Detention Facility |
means a development where people are confined for lawful detention. Uses include but are not limited to a remand centre, jail, or half-way house. |
| Development |
means:
|
| Development Authority |
means a Development Authority of the Municipality as established under the Act and by this Bylaw. |
| Development Completion Certificate |
means a certificate issued by the Development Authority confirming that the requirements and conditions of a development permit have been met. |
| Development Permit |
means a document issued pursuant to this Bylaw authorizing a development. |
| Director |
means the Director of Planning and Development Services. |
| Discretionary Use |
means the use of land or of a building which is described as a discretionary use in this Bylaw, and for which a development permit may be issued. |
| Districts, Commercial or Commercial Districts |
means any one or more of the following districts:
|
| Districts, Industrial or Industrial Districts |
means any one or more of the following districts:
|
| Districts, Institutional or Institutional Districts |
means the following district:
|
| Districts, Rural Residential or Rural Residential Districts |
means any one or more of the following districts:
|
| Districts, Urban Residential or Urban Residential Districts |
means any one or more of the following districts:
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| Drinking Establishment |
means a commercial establishment where alcohol is sold for consumption both on and off premises, and where the presence of minors is regulated. The development could include accessory uses including entertainment and recreation. |
| Drive Through |
means a development which services customers who remain in their vehicles while business is conducted through a window. A drive through shall be an accessory use. |
| Drive-In |
means a development where a person can drive-in to the facility with an automobile for service including, but not limited to, a restaurant, movie theater or grocery store, at which a person may be served while remining in a vehicle. |
| Duplex |
means a building containing two dwelling units, one being placed over the other in whole or in part, and both being above grade. Each dwelling unit has an individual and separate access and is located on the same lot. This use does not include a secondary suite or semi-detached dwelling. |
| Dwelling Unit or Dwelling |
means a building or self-contained portion of a building, containing sleeping, kitchen, living and sanitary facilities occupied or designed to be occupied as a residence and having an independent entrance either directly from the outside of the building or through a common area inside the building. |
| Educational Facility |
means a development used for education and includes its administrative offices. Typical uses include an elementary, secondary, post-secondary institution, and may include accessory uses such as on-site student housing, but does not include commercial school, minor or commercial school, major. |
| Engineering Servicing Standards or ESS |
means the “Engineering Servicing Standards and Development Procedures” document prepared by the Municipality, as amended or replaced from time to time. |
| Equipment Rental |
means a development used for the rental of tools, appliances, recreation craft, office machines, furniture, light construction equipment, or similar items, but does not include the rental of motor vehicles or heavy equipment. |
| Essential Public Service |
means a development which is necessary for the continued health, safety or welfare of the public. Essential public service includes, but is not limited to, fire stations and police stations. This use may include staff accommodation as an accessory use. |
| Façade |
means the exterior vertical surface of a building. |
| Fence |
means a structure made of wood, metal, masonry and/or any other material approved by the Development Authority that may be used to prevent or restrict passage, for sound attenuation, yard décor, privacy, or for protection from the elements, to provide visual screening, or to mark a lot line and which is not a retaining wall. |
| Fleet Service |
means a development where vehicles used for common purpose of providing transportation or services to persons or goods are stored, repaired, cleaned and otherwise maintained for safe operations when not in use. The vehicles may include buses, couriers, taxis, and roadside assistance. Dispatch and administrative operations associated with the use that do not involve the production, display, or sale of vehicles as part of the use may be included. |
| Float Plane Base |
means any area of water or other supporting surface used or intended to be used either in whole or in part for the arrival and departure or servicing of aircraft. |
| Flood Management Area |
means the land below 250.9 metre elevation along a river, stream, creek, or waterbody potentially at risk of flooding from time to time, as identified in the Flood Management Area Maps 33-38 in Appendix A. |
| Flood Mitigation |
means structural measures, such as a dike, berm, or any structural provision constructed for flood prevention, that reduce the risk of flooding and potential damage that could result from a flood. |
| Floor Area Ratio or FAR |
means the value obtained by dividing the gross floor area of all buildings on a parcel by the total area of the parcel. |
| Funeral Home |
means development used for the preparation of the deceased for burial and the holding of funeral services. |
| Garage |
means an accessory building or part of a principal building designed and used primarily for the storage of motor vehicles. |
| Garage Sale |
means the temporary sale of used household goods owned by the occupant of a dwelling unit and does not occur for more than three consecutive days or more than six days total in one calendar year. A garage sale does not include home business, minor or home business, major. |
| Gross Floor Area |
means the sum of the areas of all floors of a building measured to the outside surfaces of the exterior walls, or where buildings are separated by firewalls, to the centre line of the firewall. This term applies to all floors including mechanical and electrical equipment areas and but does not include parking structures. |
| Ground Floor |
means the storey of a building where the floor of the storey is at or nearest to the level of the finished grade immediately adjacent to the exterior of the building. Where there are two distinct points of entry from grade to a building, the ground floor is the floor nearest the highest point of entry. |
| Group Home |
means a development providing accommodation for four (4) or more persons who require professional care, guidance, and supervision and which may be for the rehabilitation of its residents. A group home may incorporate accommodations for resident staff as an accessory use. |
| Habitable Room |
means a room in a dwelling unit designed or occupied for sleeping or living purposes. |
| Hamlet |
means an unincorporated community established by or designated as a hamlet by Council. |
| Health Facility, Major |
means a development used to provide in-patient and out-patient health care to the public. This includes but is not limited to, community health centre, rehabilitation centre, and full-service hospital. |
| Health Facility, Minor |
means a development providing physical or mental health services on an outpatient basis, and include services of a preventative, diagnostic, treatment, therapeutic, rehabilitative or counseling nature. This includes but is not limited to medical offices, dental offices, or diagnostic services. |
| Heavy Equipment |
means large machinery or vehicles and includes but is not limited to bulldozers, excavators, dump trucks and other construction vehicles. |
| Heavy Equipment Sales and Service |
means development used for the retail sale or rental of heavy equipment, together with incidental display, maintenance services and the sale of parts and accessories. This use includes the servicing of automobiles, trucks, utility vehicles, motorcycles, snowmobiles and similar classes of vehicles with a gross vehicle weight greater than 7,000 kg and heavy equipment. |
| Height |
means the maximum vertical distance between the average finished grade and the highest point of a building excluding such ancillary structures including but not limited to, roof stairway entrance, ventilating fan, skylight, steeple, dome, smoke stack, firewall, parapet wall, flag pole, or similar device not structurally essential to the building. |
| Highway |
means a provincial highway under the Highways Development and Protection Act. |
| Home Business, Major |
means the accessory use of a residential property by a resident of such property for a business activity. The business may include both client visits and the parking of a commercial vehicle. A home business, major does not include any of the following:
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| Home Business, Minor |
means the accessory use of a residential property conducted by a resident of such property for a business activity that does not generate client or vehicular traffic. A home business, minor does not include any of the following:
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| Industry, General |
means industrial activity that includes but is not limited to the following activities:
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| Industry, Heavy |
means a large scale manufacturing or processing facility that due to appearance, noise, odour, risk of toxic emissions, or fire and explosion hazards is incompatible with residential, commercial, and other land uses. Heavy industrial uses include, but are not limited to asphalt plants, concrete plants, large scale chemical processing plants, modular construction yard, and gravel crushing plants. |
| Intensive Livestock Operation |
means a feedlot or covered facility capable of confining livestock for growing or finishing for market at a density of more than one (1) livestock manure unit per 185.8sq m. |
| Intermodal Facility |
means an integrated facility where trailers, sea-cans and other freight containers are transferred between intermodal railcars and highway carriers, including domestic and international container shipments; or an integrated facility where dry or liquid bulk and packaged commodities are transferred between conventional railroad freight cars and highway carriers. |
| Kitchen |
means facilities for the preparation or cooking of food and includes any room containing counters, cabinets, plumbing, appliances including stove or an oven or utility connections for servicing a stove or oven which, when considered, designed for the preparation or cooking of food. |
| Landing |
means an exterior platform above grade forming an entrance to a building. A landing larger than 1.8sq m in area is a deck. |
| Landscaped Island |
means a landscaped area within a parking lot that is contained within curbs and is not a landscaped median. |
| Landscaped Median |
means a landscaped area in between rows of parking or drive aisles in a parking lot. |
| Landscaping |
means the area within a site consisting of any of, or a combination of, the following:
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| Landside Business Industrial |
means lands adjacent to the airport reserved for commercial or light industrial development purposes. |
| Lane |
means a road, which is not a street, designed primarily to give vehicular access to the rear of buildings and parcels of land. |
| Liquor Store |
means a building or part of a building used for the display and retail sale of alcoholic beverages for consumption off-site. |
| Livestock |
means animals kept or raised for use, including but not limited to: horses, cattle, pigs, sheep, goats, N. American bison, beefalo, llamas, rabbits, and all other animals, ducks, geese, pigeons, fowl and birds whether of a domestic nature or wild, but does not include dogs, cats or other domesticated household pets ordinarily kept within the confines of a dwelling. |
| Livestock Manure Unit |
means the number of livestock needed to produce sufficient manure to meet the nitrogen requirements of 0.404ha of crop land. In this Bylaw, each 454kg of live animal weight equals one (1) livestock manure unit. |
| Live-Work Unit |
means a development designed or used for the purpose of an integrated commercial and residential use in a contiguous space. This includes, but is not limited to: artist studio, office, retail, general and the making, processing, and assembly of products on a small scale. |
| Lot |
means:
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| Lot Coverage |
means the percentage of a lot which may be covered by buildings or structures, including accessory buildings, and decks whether attached or not. Patios, walkways, driveways, swimming pools and hard landscaping shall not be considered part of lot coverage, however, these structures shall not be so extensive that they reduce the area of soft landscaping below the minimum standard required by this Bylaw. |
| Lot Depth |
means the length of a line joining the mid points of the front lot line and rear lot line. |
| Lot Line |
means any portion of the boundary of a parcel. |
| Lot Line, Front or Front Lot Line |
means any lot line common to a lot and a road, other than a lane, except in the case of:
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| Lot Line, Rear or Rear Lot Line |
means a lot line which is opposite to and is not connected to the front lot line. |
| Lot Line, Side or Side Lot Line |
means a lot line other than a front lot line or a rear lot line. |
| Lot Line, Zero or Zero Lot Line |
means a development where buildings are permitted to be located with no yard between the building and a lot line. |
| Lot Width |
means the distance measured along a cord connecting the two side lot lines at a point located along the minimum front yard setback. |
| Lot, Corner or Corner Lot |
means a lot that abuts the intersection of two roads, neither of which is a lane. |
| Lot, Through or Through Lot |
means a lot that abuts two roads, not including lanes and is not a corner lot. |
| Market |
means a sales activity within an open area, building or other structure where one or more individual sellers offer goods for sale directly to the public. |
| Mobile Food Vendor |
means a mobile food service business that operates from a vehicle or towed unit. |
| Mobile Home |
means a residential building containing one dwelling unit and is constructed on a permanent undercarriage or chassis, designed with the capability of being transported from one location to another without the necessity of being placed on a permanent foundation. A mobile home does not include a recreational vehicle or park model trailer. |
| Mobile Home Park |
means a development with two or more mobile homes that is designed to accommodate multiple mobile homes. |
| Mobile Home Sales |
means development used for the retail sale or rental of mobile homes, together with incidental display, maintenance services and the sale of parts and accessories. |
| Multi-Residential Development |
means two or more buildings on the same parcel with one or more residential uses that are lawful uses in the district. |
| Multi-Unit Dwelling |
means a residential development comprised of three (3) or more dwelling units without a common entrance and having independent entrances to each dwelling unit, including but not limited to row houses and stacked housing. |
| Municipality or RMWB |
means the Regional Municipality of Wood Buffalo. |
| Natural Resource Extraction |
means a development for the extraction and processing of natural resources including but not limited to petroleum, natural gas, timber, clay, sand, gravel, coal, limestone, and other similar minerals. |
| Net Floor Area |
means the gross floor area less the sum of the accessory unoccupied areas. Accessory unoccupied areas include but are not limited to areas such as stairs, elevator & HVAC shafts, and electrical and mechanical areas. |
| Nightclub |
means an establishment where alcoholic beverages are sold to the public for consumption on the premises, where entertainment facilities take up more than ten percent (10%) of the gross floor area. Minors are prohibited from the establishment. Uses include but are not limited to dance clubs and cabarets. |
| Non-Conforming Building |
means a building:
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| Non-Conforming Use |
means a lawful specific use:
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| Non-Habitable Room |
means a space in a building providing a service function and not intended for overnight accommodation, including but not limited to, bathrooms, cooking facilities, eating, entryways, corridors, laundry rooms, utility areas or storage areas. |
| Office |
means a building or portion of a building designed or used for the provision of professional, management, administrative, financial, business, or similar services, that may also be ancillary to a principal use. |
| Oil Sands Operations |
means oil sands mining, extraction and upgrading operations, including but not limited to pilot operations to test oil sands extraction technologies, in situ, monitoring functions, upgrading and test drilling programs, and may include associated industrial infrastructure, offices, laboratories, on-site security, processing of by-products and utilities and co-generation facilities, but does not include project accommodation. |
| Owner |
means:
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| Parcel of Land or Parcel |
means the aggregate of the one or more areas of land described in a certificate of title or described in a certificate of title by reference to a plan filed or registered in a land titles office of Alberta. |
| Park |
means land or premises used for conservation, horticulture, traditional uses or public recreation, including but not limited to picnic areas, playgrounds, community gardens, pedestrian and bicycle paths, landscaped areas and may include ancillary buildings. |
| Park, Natural |
means a park that does not generally include facilities or equipment for exercise or play. A park, natural may include but is not limited to a natural area or environmental reserve with minimal development to support traditional uses, trails and pedestrian furniture such as benches. |
| Parking Lot |
means an area of land at grade for the parking of motor vehicles. |
| Parking Structure |
means a structure for the parking of motor vehicles. |
| Patio |
means an uncovered horizontal structure with a surface height, at any point, no greater than 0.6m above grade and intended for use as a private outdoor amenity area. |
| Pet Grooming |
means the hygienic care and cleaning of pets and does not include the retail sale of products, a place for breeding or overnight boarding of pets. |
| Permitted Use |
means the use of land or of a building within any district which is listed in the column captioned “permitted uses” and for which a development permit shall be issued provided the development complies with this Bylaw. |
| Personal Service Facility |
means a development used for the provision of personal services to an individual which are related to the health, care and appearance of the body, or the cleaning and repair of personal effects and includes barber shops, hairdressers, beauty salons, tanning salons, massage services, shoe repairs shops and dry-cleaning establishments. |
| Planning Notification Sign |
means a sign posted for a land use, development, subdivision, and other planning applications. |
| Plant Nursery |
means development for the growing, acclimatizing, propagating, and harvesting of bedding and household plants and may include accessory uses related to the storing, displaying, and selling of gardening, nursery and related products. |
| Podium |
means the distinct portion of a building, which has a greater building footprint and a lower maximum height than an associated tower. |
| Principal Building or Principal Use |
means a building or use which, in the opinion of the Development Authority, is the dominant building or the main purpose for which the building or parcel is used. |
| Private Amenity Area |
means an exclusive space that is directly accessible from a dwelling, for private enjoyment including but not limited to a balcony, deck, patio, terrace or landscaped area. |
| Project Accommodation |
means a lodging complex used to house workers who are characteristically employed in industrial projects. These residential complexes may also accommodate non-industrial related populations including but not limited to visiting athletes during competitions hosted in the Municipality or evacuees affected by an emergency, and without restricting the generality of the above, the complex is usually made up of several mobile units, clustered in such fashion as to provide sleeping, eating, recreation, and other basic living facilities. The units may be dismantled and removed from the site from time to time. |
| Public Floor Area |
means the gross floor area less the sum of the areas not accessible by patrons. Areas not accessible by patrons include but are not limited to areas incidental to the function of the building, mechanical and electrical equipment areas, stairways, washrooms, waste collection rooms, and food preparation areas. |
| Public Utility |
means a system or works used to provide one or more of the following for public consumption, benefit, convenience or use:
and includes any other use that is provided for public consumption, benefit, convenience or use. |
| Quonset |
means an accessory building where the outer shell is made of fabric or corrugated metal spanning rigid trusses. |
| Recreation Facility, Indoor |
means a facility in which the public participates in recreational activities indoors. Typical uses include, but are not limited to, amusement arcades, billiard or pool halls, bowling alleys, racquet courts, roller skating, swimming pools, gymnasiums, simulated golf facilities, movie theatres, live theatres, museums, art galleries, public and private clubs, community centres, cultural learning or healing centres, and skating rinks. |
| Recreation Facility, Outdoor |
means a development in which the public participates in recreational activities outdoors. Typical uses include, but are not limited to, amusement parks, go-cart tracks, and simulated golf establishments, golf courses, driving ranges, ski hills, ski jumps, sports fields, outdoor tennis courts, traditional cultural areas, unenclosed ice surfaces or rinks, athletic fields, boating facilities, outdoor swimming pools, bowling greens, riding stables and fitness trails. |
| Recreational Vehicle |
means a portable structure designed to be carried by, or towed behind, a motor vehicle or designed and built to be transported on its own wheels, to provide temporary living accommodation. This includes but is not limited to motor homes, park models, campers, holiday trailers, tent trailers and fifth wheel units but does not include mobile home or utility trailers. |
| Recycling Facility |
means a development for the collection, handling, and temporary storage of recyclable materials including but not limited to cardboard, plastics, paper, metal, glass and similar household goods, or the purchase and temporary storage of bottles, cans, and other refundable materials, but does not include the storage or handling of hazardous materials. |
| Religious Assembly |
means a development for spiritual worship and related religious activities. A religious assembly may include a staff accommodation, provided it is accessory to the principal use. |
| Renewable Energy Device |
Means a device located on a building providing alternative energy or power generation where energy is derived from sources that are not depleted through use and may include:
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| Residential Sales Centre |
means development of a show home or temporary building used for a limited period of time for the purpose of marketing residential land and buildings. |
| Resort Facility |
means commercial development which offers guest accommodation, as well as recreational opportunities. A resort facility may include accessory uses including but not limited to office, restaurant, minor, restaurant, major, retail, convenience, fishing lodges, ski resorts, golf courses, horseback riding, and boating and fishing facilities. |
| Restaurant, Major |
means a development for the sale of prepared food and beverages. A restaurant, major shall have a minimum capacity of 100 persons or a minimum area of 120.0sq m net floor area. |
| Restaurant, Minor |
means a development for the sale of prepared food and beverages. A restaurant, minor shall have a capacity of not more than 99 persons or a maximum area of up to 120.0sq m net floor area. |
| Retail, Convenience |
means a development used for the retail sale of goods and services which does not exceed 275.0sq m net floor area. Retail goods may include but are not limited to tobacco, groceries, beverages, pharmaceutical and personal care items. |
| Retail, General |
means a development used for the retail sale of goods and services within a building. |
| Retaining Wall |
means a structure constructed to withstand lateral pressure in order to hold back earth, loose rock or similar materials, but does not include a foundation wall and which is not a fence. |
| Road |
means land shown as a road on a plan of survey that has been filed or registered in a Land Title, or land used as a road. This includes a bridge forming part of a road and any structure incidental to a road. |
| Rural Service Area |
means that portion of the Municipality located outside of the Fort McMurray Urban Service Area. |
| Satellite Dish Antenna |
means a combination of an antenna or dish antenna and ancillary equipment the purpose of which is to receive signals from orbiting satellites. |
| Screening |
means a fence, berm or screen planting or combination of these elements used for visual separation. |
| Sea-Can |
means a standardized reusable steel shipping container used for the storage and movement of materials and products. |
| Seasonal Garden Centre |
means a temporary development for the purpose of selling gardening products and other associated merchandise for up to 150 days within a calendar year, and is accessory to an approved retail, general use. This does not include cannabis production and distribution facility and cannabis retail store but may include the outdoor storage of gardening products and other associated merchandise on the site. |
| Security Suite |
means an accessory building or portion of a building that may or may not include a dwelling unit, accommodating a person responsible for surveillance or maintenance of the development or parcel. |
| Semi-Detached Dwelling |
means a building containing two dwelling units having a common wall at the side or rear and each dwelling unit having at least one separate entrance. |
| Senior Citizen Housing |
means development of a building designed for the long term housing of senior citizens sharing a common cooking, eating and housekeeping facilities but who do not require medical or institutional type care. |
| Separation Distance |
means the minimum distance between the property lines of two properties as defined on the plan of subdivision registered with land titles office of Alberta. |
| Separation Space |
means open space around dwellings separating them from adjacent buildings or activities on the same parcel. |
| Service Road |
a street providing access to land adjacent to a highway and developed in accordance with Engineering Servicing Standards. |
| Service Station, Major |
means a development used for the servicing, washing, and repair of vehicles and the sale of gasoline, other petroleum products, and a limited range of vehicle parts and accessories. This use may include retail, convenience but shall not include cardlock fueling stations. |
| Service Station, Minor |
means development used for the sale of gasoline, petroleum products, and a limited range of automotive parts and accessories and may include washing, servicing and repair of vehicles within a building containing not more than three (3) service bays. This use may include retail, convenience but shall not include cardlock fueling stations. |
| Setback |
means the distance that a development shall be separated from a lot line. |
| Shopping Centre |
means a group of permitted or discretionary uses, designed, developed and managed as a comprehensive unit. |
| Sign or Signage |
means any structure, device, or any part thereof used to provide information. |
| Similar Use |
a use that is comparable in character, intensity and purpose to another use as determined by the Development Authority. |
| Single Detached Dwelling |
means a building which contains one dwelling unit as the principal use and may contain a secondary suite. The building may be constructed on the parcel or from prefabricated modules, but does not include a mobile home. |
| Sleeping Unit |
means a habitable room having a lockable entry and providing sleeping accommodation for not more than two persons. |
| Special Event |
means a development related to the assembly or meeting of persons for a limited period of time held for a specific purpose. Special events may include but are not limited to a gathering for community, cultural, charitable, educational, recreational, or sporting events. A special event does not include events:
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| Spill Out Zone |
means the area immediately outside a retail unit or restaurant that is used for additional merchandising space or seating. |
| Staff Accommodation |
means an accessory use consisting of one or more dwelling units which are used to house support staff essential for the operation of a recreational development, educational facility, religious assembly or essential public service. |
| Stepback |
means the setting back of the façade of the upper storeys of a building from the façade of the podium. |
|
Stockpiling |
means the temporary use of land for the storage of goods, aggregates, soils or similar materials, usually accumulated as a result of earthworks or to accommodate development with a valid development permit. |
| Storage Facility, Mini |
means a development in which storage space in the form of rooms, lockers, containers, and/or outdoor space is rented to tenants, usually on a short-term basis. |
| Storage Facility, Outdoor |
means a site designed for the outdoor storage of goods, materials or equipment. Typical uses include but are not limited to vehicle or heavy equipment storage compounds and pipe yards, but do not include storage of any fuel, petrochemical or toxic substances as determined by the Development Authority. |
| Storey |
means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between such floor and the roof. |
| Street |
means a road, not including a lane. |
| Subdivision |
means the division of a parcel of land by an instrument. |
| Suite, Attached or Attached Suite |
means a self-contained secondary dwelling unit that is attached to the side or rear of the principal dwelling. |
| Suite, Basement or Basement Suite |
means a self-contained secondary dwelling unit located on the basement level of a principal dwelling. The basement suite shall have direct access to the exterior, without passing through any part of the principal dwelling. |
| Suite, Detached Garage or Detached Garage Suite |
means a self-contained secondary dwelling unit located above a detached garage. A detached garage suite shall have an entrance separate from the vehicle entrance to the detached garage, either from a common indoor landing or directly from the exterior of the structure. |
| Suite, Garden or Garden Suite |
means a self-contained secondary dwelling unit located in a single storey building separate from the principal dwelling. |
| Suite, Loft or Loft Suite |
means a self-contained secondary dwelling unit located on the loft level of a principal dwelling. The loft suite shall have direct access to the exterior, without passing through any part of the principal dwelling. |
| Suite, Secondary or Secondary Suite |
means a self-contained dwelling unit that is an accessory use to and located on the same parcel as the principal dwelling, and has direct access to the exterior, without passing through any part of the principal dwelling. The dwelling unit may be in the same building as the principal dwelling unit or in an accessory building. A secondary suite includes attached suite, basement suite, detached garage suite, garden suite and loft suite. |
| Swimming Pool |
means an artificial body of water, excluding ponds, used for swimming, bathing or diving. |
| Tandem Parking |
means having two vehicles parking one in front of or behind the other. |
| Telecommunications Tower |
means an installation consisting of an antenna or antenna array, mounted on a metal tower or support structure, designed for the purpose of the reception and transmission of cellular telephone or radio signals by federally licensed operators. |
| Through Block Connection |
means a grade level pedestrian, cycling, or vehicle access route that is accessible to the public and extends through a city block, and includes but is not limited to a pedestrian walkway, a street, or an access route through public or private land. |
| Top of Bank |
means the natural transition line at the top of a valley, or at the top of a channel that contains a watercourse, between a slope where the grade exceeds 15 percent and the adjacent upper level area where the grade is less than 15 percent, and where area that is less than 15 percent in slope is at least 15.0m wide. Where banks are not well defined (e.g. in the case of lakes, wetlands or ponds), the top of the bank is equivalent to the high-water mark or floodplain, whichever is greater. |
| Tower |
means a building, or a portion of a building located on top of a podium, with the height of the tower extending from the top of the podium to the top of the building. |
| Trapper Cabin |
means development of a structure used for temporary habitation, located in isolated areas and associated with a licensed trapline. |
| Urban Design Regulations |
means the requirements under Part 9 Section 9.17. |
| Urban Service Area |
means the territory described as ward 1 in Schedule 3 to Order in Council 817/94, as amended. |
| Utility Trailer |
means a portable structure, designed to be pulled by a motor vehicle, to allow for the transport of goods and/or equipment, but is not to be used as temporary accommodation. |
| Variance |
means an alteration or change to a standard prescribed by this Bylaw that is authorized by the Development Authority or the Board. |
| Verandah |
means a structure attached to a building consisting of a roof and floor where the front and sides of the structure may be partially-enclosed through the use of screens, glass or partial walls, or open to the outside elements and is considered to be part of the principal dwelling. |
| Warehouse and Storage |
means the use of a building and/or land primarily for the keeping of goods and merchandise, excluding derelict vehicles or parts thereof, or any waste material. |
| Warehouse Sales |
means development for the use of a large enclosed warehouse type building where a range of goods are displayed and/or stored for wholesale or retail sales. |
| Waste Management Facility |
means a sanitary landfill, modified sanitary landfill, hazardous or dry waste site for the processing, treatment, storing, recycling or landfilling of municipal, hazardous or industrial waste, but does not include an automotive wrecker. |
| Yard |
means a part of a parcel which includes an exterior side yard, interior side yard, front yard, or rear yard. |
| Yard, Exterior Side or Exterior Side Yard |
means the yard extending across the full length of a parcel situated between the side lot line immediately adjoining a street and the nearest façade of the principal building. |
| Yard, Front or Front Yard |
means the yard extending across the full width of a parcel and situated between the front lot line and the nearest façade of the principal building. For irregular shaped lots, the front yard will be determined by the Development Authority. |
| Yard, Interior Side or Interior Side Yard |
means the side yard abutting another lot. |
| Yard, Rear or Rear Yard |
means the yard extending across the full width of a parcel and situated between the rear lot line and the nearest façade of the principal building. |
| Youth Assessment Centre |
means a development to provide rehabilitation, education and treatment to youths in a supervised environment including but not limited to meals, sleeping accommodation and incidental care. |